| Passed by the House February 10, 2010 Yeas 95 ________________________________________ Speaker of the House of Representatives Passed by the Senate March 4, 2010 Yeas 48 ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2592 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 61st Legislature | 2010 Regular Session |
Prefiled 01/08/10. Read first time 01/11/10. Referred to Committee on Transportation.
AN ACT Relating to prohibiting incentive towing programs for private property impounds; and amending RCW 46.55.035.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.55.035 and 1992 c 18 s 1 are each amended to read
as follows:
(1) No registered tow truck operator may:
(a) Except as authorized under RCW 46.55.037, 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;
(d)(i) Enter into any contract or agreement or offer any program
that provides an incentive to a person authorized to order a private
impound under RCW 46.55.080 that is related to the authorization of an
impound or a number of impounds.
(ii) The incentives prohibited by this section may be either
monetary or nonmonetary things of value, such as gifts or prizes which
are contingent on, or as a reward for the authorization of impounds.
(iii) Gifts of de minimus value that are given in the ordinary
course of business and are not tied to any specific decision to
authorize an impound or impounds are not prohibited. Permitted gifts
would include promotional items such as pens, calendars, cups, and
other items labeled with the registered tow truck operator's business
information, holiday gifts such as cookies or candy, flowers for
occasions such as illness or death, or the cost of a single meal for
one person when discussing business.
(iv) The provision of the actual physical signs required by this
chapter to be posted on private property and the labor and materials
for placing them is not a violation of this section.
(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.