HOUSE BILL 2746






                        52nd Legislature

                      1992 Regular Session

Passed by the House February 17, 1992

  Yeas 92   Nays 0




Speaker of the

       House of Representatives


Passed by the Senate March 4, 1992

  Yeas 46   Nays 0



I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2746 as passed by the House of Representatives and the Senate on the dates hereon set forth.




President of the Senate

                               Chief Clerk



Approved Place Style On Codes above, and Style Off Codes below.





Governor of the State of Washington

                        Secretary of State

                       State of Washington



                                  HOUSE BILL 2746



                     Passed Legislature - 1992 Regular Session



State of Washington              52nd Legislature             1992 Regular Session


By Representatives Zellinsky, R. Fisher, Ballard, Van Luven and Ferguson


Read first time 01/27/92.  Referred to Committee on Transportation.Authorizing contracts between tow truck operators and landowners for payment of impound charges.

     AN ACT Relating to payment of charges for private impounds; amending RCW 46.55.035; and adding a new section to chapter 46.55 RCW.




     Sec. 1.  RCW 46.55.035 and 1989 c 111 s 4 are each amended to read as follows:

     (1) No registered tow truck operator may:

     (a) Except as authorized under section 2 of this act, ask for or receive any compensation, gratuity, reward, or promise thereof from a person having control or possession of private property or from an agent of the person authorized to sign an impound authorization, for or on account of the impounding of a vehicle;

     (b) Be beneficially interested in a contract, agreement, or understanding that may be made by or between a person having control or possession of private property and an agent of the person authorized to sign an impound authorization;

     (c) Have a financial, equitable, or ownership interest in a firm, partnership, association, or corporation whose functions include acting as an agent or a representative of a property owner for the purpose of signing impound authorizations.

     (2) This section does not prohibit the registered tow truck operator from collecting the costs of towing, storage, or other services rendered during the course of towing, removing, impounding, or storing of an impounded vehicle as provided by RCW 46.55.120.

     (3) A violation of this section is a gross misdemeanor.


     NEW SECTION.  Sec. 2.  A new section is added to chapter 46.55 RCW to read as follows:

     A registered tow truck operator may receive compensation from a private property owner or agent for a private impound of an unauthorized vehicle that has an approximate fair market value equal only to the approximate value of the scrap in it.  The private property owner or an agent must authorize the impound under RCW 46.55.080.  The registered tow truck operator shall process the vehicle in accordance with this chapter and shall deduct any compensation received from the private property owner or agent from the amount of the lien on the vehicle in accordance with this chapter.