SENATE MEMORIAL 87

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Gerald Ortiz y Pino

A MEMORIAL

RECOGNIZING THE AGGRAVATION FELT BY VICTIMS OF CAR THEFT WHEN THEY HAVE TO PAY TOWING AND STORAGE FEES TO GAIN THE RETURN OF RECOVERED VEHICLES; REQUESTING A STUDY.

     WHEREAS, the news media have reported on a recent spate of winter car thefts and focused public attention on the issue; and

     WHEREAS, when law enforcement recovers a stolen vehicle, the vehicle is towed to a storage facility; and

     WHEREAS, owners of stolen vehicles sometimes feel doubly victimized when they are required to pay large towing and storage fees to have their property returned; and

     WHEREAS, the towing and storage fees can present an insurmountable obstacle for people with moderate, low or fixed incomes; and

     WHEREAS, some states, such as Virginia, provide a grace period for vehicle owners to pick up their recovered vehicles before they are assessed towing and storage fees;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that feelings of aggravation, or of being doubly victimized, as a result of the imposition of large fees to regain a stolen vehicle are understandable; and

     BE IT FURTHER RESOLVED that the department of public safety be requested to develop a report that includes:

          A. the number of stolen vehicles and stolen vehicles recovered per year in the state as a whole and in each county;

          B. the average towing and daily storage fees in each county imposed on vehicle owners to recover stolen vehicles, including if those fees vary according to the time of day or calendar date;

          C. the number of recovered stolen vehicles that are not reclaimed by their owners and have to be sold at auction;

          D. a review of the stolen vehicle towing and storage fee policies used by other states, including states that provide vehicle owners with a multi-day grace period to reclaim recovered vehicles; and

          E. an examination of the public benefits and costs of requiring vehicles to be towed to a storage area or to the owner's residence; and

     BE IT FURTHER RESOLVED that the department of public safety be requested to present this report to the appropriate interim legislative committee prior to November 15, 2016; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the secretary of public safety.

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