[atlas:bill]

AN ACT Relating to business location requirements for registered tow truck operators; and amending RCW 46.55.060.

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

Sec. 1. RCW 46.55.060 and 1989 c 111 s 6 are each amended to read as follows:

(1) The address that the tow truck operator lists on his or her application shall be the business location of the firm where its files are kept. Each separate business location requires a separate registration under this chapter. The application shall also list all locations of secure areas for vehicle storage and redemption.

(2) Before an additional lot may be used for vehicle storage, it must be inspected and approved by the state patrol. The lot must also be inspected and approved on an annual basis for continued use.

(3) Each business location must have a sign displaying the firm's name that is readable from the street.

(4) At the business locations listed where vehicles may be redeemed, the registered operator shall post in a conspicuous and accessible location:

(a) All pertinent licenses and permits to operate as a registered tow truck operator;

(b) The current towing and storage charges itemized on a form approved by the department;

(d) Information supplied by the department as to where complaints regarding either equipment or service are to be directed;

(e) Information concerning the acceptance of commercially reasonable tender as defined in RCW 46.55.120(1)((~~(b)~~)) (e).

(5) The department shall adopt rules concerning fencing and security requirements of storage areas, which may provide for modifications or exemptions where needed to achieve compliance with local zoning laws.

(6) On any day when the registered tow truck operator holds the towing services open for business, the business office shall remain open with personnel present who are able to release impounded vehicles in accordance with this chapter and the rules adopted under it. The normal business hours of a towing service shall be from 8:00 a.m. to 5:00 p.m. on weekdays, excluding Saturdays, Sundays, and holidays.

(7) A registered tow truck operator shall maintain personnel who can be contacted twenty-four hours a day to release impounded vehicles within a reasonable time.

(8) A registered operator shall provide access to a telephone for any person redeeming a vehicle, at the time of redemption.

(9) The business location established under this section serves as the business location of the registered tow truck operator for all purposes, including business licensure by counties, cities, towns, and all other political subdivisions. Registered tow truck operators are exempt from business licensure by a political subdivision based solely upon the operator picking up or delivering a vehicle in the political subdivision subject to the following exceptions:

(a) A registered tow truck operator may be required to have a business license in a jurisdiction in which the operator has a fixed place of business.

(b) A registered tow truck operator may be required to have a business license if the operator has contracts with police agencies in the jurisdiction to perform law enforcement impounds.

(c) A registered tow truck operator may be required to have a business license if the operator has contracts with businesses in the jurisdiction to perform private impounds.