Brief Description: Removing the damages floor for unauthorized impounds.

Sponsors: Senators Poulsen, Murray, Hewitt, Sheahan and Brown.

Hearing Date: 2/25/04

Staff: Page Scott (786-7301).

Background:

If a person believes that his or her vehicle has been impounded in violation of state law, he or she has a right to a hearing in district or municipal court to contest the impoundment. If the court finds the impoundment to be improper, the vehicle owner does not have to pay the cost for impoundment, towing, or storage fees. Instead, the person or agency who authorized the impoundment is liable for these fees.

In addition to impoundment, towing and storage fees, the court shall enter judgment in favor of the vehicle owner for the amount of the filing fee as well as reasonable damages for loss of the use of the vehicle during the time the vehicle was impounded. The minimum amount of damages the court must award for loss of use of the vehicle is $50 per day.

Summary of Bill:

The $50 per day minimum is removed from a court judgment for loss of use of the vehicle during an improper impound.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.