H-3993.1          _______________________________________________

                                  HOUSE BILL 2746

                  _______________________________________________

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.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     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.