SB0270 PH 3.10.2025 JUD — Senate Hearing Report

Senate Judiciary Committee

Pete Mulvey  271-4063

SB 270, relative to allowing owners to gather items necessary for work from impounded vehicles.

Hearing Date: March 4, 2025

Time Opened: 1:04 p.m. Time Closed: 1:12 p.m.

Members of the Committee Present:  Senators Reardon and Gannon

Members of the Committee Absent  : Senators Abbas, Carson and Altschiller

Sponsors:  

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Who supports the bill:  13 individuals signed in support of SB 270. Contact peter.mulvey@gc.nh.gov for further information.

Who opposes the bill:  Three individuals signed in opposition to SB 270. Contact peter.mulvey@gc.nh.gov for further information.

Who is neutral on the bill:  One individual signed in as neutral for SB 270. Contact peter.mulvey@gc.nh.gov for further information.

Summary of testimony:  

Senator Keith Murphy

Senate District 16

• A constituent relayed a situation in which a friend’s car was impounded with his tools in it.
  • The impound lot refused access to the vehicle for the constituent to retrieve his tools.
• Under current law, only the owner of a vehicle can retrieve what are deemed critical items from impounded vehicles.
  • Because the vehicle was not owned by Senator Murphy’s constituent, he was not able to collect his tools.
  • The constituent feared that he may lose his job without access to his tools.
• Sen. Murphy stated that this bill attempts to correct that oversight.

Ralph Cresta and Michael Guilbeault

New Hampshire Towing Association

• Mr. Cresta stated that SB 270 presented concerns about giving away property from impounded vehicles when towers had no way of knowing who the true owners were.
• Mr. Cresta said that most towers require the tow bill be paid before anything is removed from the vehicle.
  • The current problem stemmed from cars being abandoned and the high cost of disposal for the towing company. Mr. Cresta stated that was the reason towers have a policy of not allowing anything to be removed from the vehicle until the tow bill is paid.
• Mr. Cresta’s understanding was that to vet the ownership of any tools, a towing company would have to spend roughly 25-30 days working with state officials.
• Sen. Reardon asked when property was considered abandoned.
  • Mr. Cresta stated that after property was abandoned tow companies did paperwork through the state from which a certified letter was issued to the owner of the vehicle stating the property will be considered abandoned.
  • Following the return of the letter, property is generally auctioned off.
• Sen. Readon asked how many days it took before that process could occur.
  • Mr. Cresta stated that the process was supposed to occur within 10 days of the vehicle being towed in.
• Mr. Guilbeault reiterated that it’s hard to know where the property originated simply from someone’s word.
  • He noted that SB 270 has the potential to give away stolen property.

Tamara Hester

New Hampshire State Police

• Lieutenant Hester stated that the State Police had the same concerns about SB 270 as Mr. Guilbeault regarding stolen property.
• Lieutenant Hester suggested an amendment be made to allow for items to be held while a vehicle is under investigation by any law enforcement agency.

• Sen. Reardon asked if tow companies could end up with a vehicle on their lot that had been towed from private property.
  • Lieutenant Hester said that a private property owner could call a tow company directly without law enforcement being notified.
• Sen. Reardon asked if there was any way for tow companies to contact law enforcement to find out if items were stolen or if a car was sought by police.
  • Lieutenant Hester stated that tow companies could give law enforcement information to see if a vehicle was under investigation; however, there were certainly occasions where law enforcement may not be immediately notified.

PM

Date Hearing Report completed:  March 10, 2025