49-1818. ABANDONED VEHICLE TRUST ACCOUNT — APPROPRIATION AND USE. (1) An account is established, to be known and designated as the abandoned vehicle trust account. There shall be set aside, paid into and credited to the account, moneys remaining from any sale of an abandoned vehicle or any vehicle removed under extraordinary circumstances after satisfaction of all possessory liens and costs of conducting the sale, and the fee authorized under section 31-3201F, Idaho Code, collected by the district courts.

(2) Moneys deposited in the abandoned vehicle trust account are hereby continuously appropriated to the department for the purposes of satisfying allowable claims and reimbursing the costs of administering the provisions of this chapter.

(3) Any person claiming an interest in the vehicle may file a claim with the department for any portion of the excess proceeds from an abandoned vehicle sale which were forwarded to the department. Upon determination of the department that the claimant is entitled to some amount, the department shall pay an amount which in no case shall exceed the amount forwarded to the department in connection with the sale of the vehicle. The department shall not honor any claim filed more than two (2) years after the sale.

(4) Each fee collected by the district courts pursuant to section 31-3201F, Idaho Code, shall be distributed as follows to the:

(a) Law enforcement agency that directed the tow of the vehicle involved in the infraction

(b) Tow company that towed the vehicle involved in the infraction

(c) Department

Fees shall be distributed to law enforcement agencies and tow companies on a monthly basis. All fees distributed to the department shall be deposited in the state highway account.

History:

[49-1818, added 1988, ch. 265, sec. 436, p. 802; am. 2002, ch. 366, sec. 5, p. 1034; am. 2014, ch. 38, sec. 19, p. 88.]