CERTIFICATION OF ENROLLMENT

                        HOUSE BILL 2746

                    Chapter 18, Laws of 1992

                        52nd Legislature

                      1992 Regular Session

     TOW TRUCK OPERATORS--COMPENSATION FOR PRIVATE IMPOUNDS

                    EFFECTIVE DATE:  6/11/92

Passed by the House February 17, 1992   Yeas 92   Nays 0                   JOE KING Speaker of the        House of Representatives Passed by the Senate March 4, 1992   Yeas 46   Nays 0

CERTIFICATE 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.

JOEL PRITCHARD President of the Senate

ALAN THOMPSON                                Chief Clerk

Approved March 20, 1992

FILED                 March 20, 1992 - 9:18 a.m.

BOOTH GARDNER Governor of the State of Washington

Secretary of State                        State of Washington

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                                  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.

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.

     Passed the House February 17, 1992.

     Passed the Senate March 4, 1992.

Approved by the Governor March 20, 1992.

     Filed in Office of Secretary of State March 20, 1992.