H.B. 817                                                 VETOES

25-207.

(a)      [If] EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, IF an
abandoned vehicle is not reclaimed as provided for in this subtitle, the police department
shall sell the vehicle at public auction.

(b)     The buyer of the vehicle at auction:

(1)     Takes ownership of the vehicle free and clear of any claim of ownership
or lien of any other person;

(2)     Is entitled to a sales receipt, on a form that is approved by the
Administration, from the police department;

(3)     Is entitled to obtain a salvage certificate for the vehicle; and

(4)     May obtain a certificate of title under § 13-507 of this article.

(c)     The sales receipt, on a form that is approved by the Administration, is
sufficient title for transferring the vehicle to an automotive dismantler and recycler or
scrap processor for dismantling, destroying, or scrapping, in which case, a certificate of
title is not required.

(d)     Except as otherwise provided in this subtitle:

(1)     From the proceeds of the sale of an abandoned vehicle, the police
department shall reimburse itself for the costs of towing, preserving, and storing the
vehicle and the expenses of the auction, including all notice and publication costs
incurred under this subtitle; and

(2)     Any remaining proceeds of the sale shall be held for 90 days for the
owner of the vehicle and any entitled secured party, after which the remaining proceeds
revert to:                                                           

(i) The treasury of the county in which the sale was made; or

(ii) In the case of a municipality that conducts the sale, the treasury of
the municipality.

(E) (1) AFTER SATISFYING THE REQUIREMENTS FOR OBTAINING A
CERTIFICATE OF TITLE FOR AN ABANDONED VEHICLE UNDER § 25-207.1 OF THIS
SUBTITLE, A POLICE DEPARTMENT MAY RETAIN AND USE THE VEHICLE FOR PUBLIC
PURPOSES WITHOUT ANY FURTHER NOTICE OR CONSENT OF THE OWNER OTHER
THAN A LESSOR AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION.

(2) (I) IF THERE IS A SECURED PARTY WITH AN INTEREST IN THE
VEHICLE AS SHOWN ON THE RECORDS OF THE ADMINISTRATION, THE POLICE
DEPARTMENT MAY NOT RETAIN THE VEHICLE FOR PUBLIC PURPOSES WITHOUT
THE WRITTEN CONSENT OF THE SECURED PARTY.

(II) IF THE VEHICLE IS OWNED BY A LESSOR UNDER A LEASE NOT
INTENDED AS SECURITY, THE POLICE DEPARTMENT MAY NOT RETAIN THE VEHICLE
FOR PUBLIC PURPOSES WITHOUT THE WRITTEN CONSENT OF THE LESSOR.

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