Read first time 01/18/13.   Referred to Committee on Governmental Operations.

     AN ACT Relating to restoration of collector vehicles; amending RCW 46.55.010; and reenacting and amending RCW 46.55.240.

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

Sec. 1   RCW 46.55.010 and 2005 c 88 s 2 are each amended to read as follows:
     The definitions ((set forth)) in this section apply throughout this chapter unless the context clearly requires otherwise:
     (1) "Abandoned vehicle" means a vehicle that a registered tow truck operator has impounded and held in the operator's possession for one hundred twenty consecutive hours.
     (2) "Immobilize" means the use of a locking wheel boot that, when attached to the wheel of a vehicle, prevents the vehicle from moving without damage to the tire to which the locking wheel boot is attached.
     (3) "Abandoned vehicle report" means the document prescribed by the state that the towing operator forwards to the department after a vehicle has become abandoned.
     (4) "Impound" means to take and hold a vehicle in legal custody. There are two types of impounds -- public and private.
     (a) "Public impound" means that the vehicle has been impounded at the direction of a law enforcement officer or by a public official having jurisdiction over the public property upon which the vehicle was located.
     (b) "Private impound" means that the vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle was located.
     (5) "Junk vehicle" means a vehicle certified under RCW 46.55.230 as meeting at least three of the following requirements:
     (a) Is three years old or older;
     (b) Is extensively damaged, such damage including but not limited to any of the following: A broken window or windshield, or missing wheels, tires, motor, or transmission;
     (c) Is apparently inoperable;
     (d) Has an approximate fair market value equal only to the approximate value of the scrap in it.
     (6) "Master log" means the document or an electronic facsimile prescribed by the department and the Washington state patrol in which an operator records transactions involving impounded vehicles.
     (7) "Registered tow truck operator" or "operator" means any person who engages in the impounding, transporting, or storage of unauthorized vehicles or the disposal of abandoned vehicles.
     (8) "Residential property" means property that has no more than four living units located on it.
     (9) "Suspended license impound" means an impound ordered under RCW 46.55.113 because the operator was arrested for a violation of RCW 46.20.342 or 46.20.345.
     (10) "Tow truck" means a motor vehicle that is equipped for and used in the business of towing vehicles with equipment as approved by the state patrol.
     (11) "Tow truck number" means the number issued by the department to tow trucks used by a registered tow truck operator in the state of Washington.
     (12) "Tow truck permit" means the permit issued annually by the department that has the classification of service the tow truck may provide stamped upon it.
     (13) "Tow truck service" means the transporting upon the public streets and highways of this state of vehicles, together with personal effects and cargo, by a tow truck of a registered operator.
     (14) "Unauthorized vehicle" means a vehicle that is subject to impoundment after being left unattended in one of the following public or private locations for the indicated period of time:

Sec. 2   RCW 46.55.240 and 2010 c 161 s 1122 and 2010 c 8 s 9064 are each reenacted and amended to read as follows:
     (1) A city, town, or county that adopts an ordinance or resolution concerning unauthorized, abandoned, or impounded vehicles shall include the applicable provisions of this chapter.
     (a) A city, town, or county may, by ordinance, authorize other impound situations that may arise locally upon the public right-of-way or other publicly owned or controlled property.
     (b) A city, town, or county ordinance shall contain language that establishes a written form of authorization to impound, which may include a law enforcement notice of infraction or citation, clearly denoting the agency's authorization to impound.
     (c) A city, town, or county may, by ordinance, provide for release of an impounded vehicle by means of a promissory note in lieu of immediate payment, if at the time of redemption the legal or registered owner requests a hearing on the validity of the impoundment. If the municipal ordinance directs the release of an impounded vehicle before the payment of the impoundment charges, the municipality is responsible for the payment of those charges to the registered tow truck operator within thirty days of the hearing date.
     (d) The hearing specified in RCW 46.55.120(2) and in this section may be conducted by an administrative hearings officer instead of in the district court. A decision made by an administrative hearing officer may be appealed to the district court for final judgment.
     (2)(a) A city, town, or county may adopt an ordinance, consistent with this subsection (2), establishing procedures for the abatement and removal as public nuisances of junk vehicles or parts thereof from private property. Costs of removal may be assessed against the registered owner of the vehicle if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.650, or the costs may be assessed against the owner of the property on which the vehicle is stored. A city, town, or county may also provide for the payment to the tow truck operator or wrecker as a part of a neighborhood revitalization program.
     (b) Prior to removing a junk vehicle, a city, town, or county must provide the property owner at least thirty days to produce evidence establishing that the vehicle:
     (i) Is one of three or fewer collector vehicles that are being actively restored or are being used to supply parts for a collector vehicle that is being actively restored; and
     (ii) Is not visible from the street or other public or private property.
     (c) If the property owner establishes the elements in (b) of this subsection by a preponderance of the evidence, the vehicle may not be removed as a junk vehicle under this section. To establish the elements in (b) of this subsection, the property owner may, without limitation, present:
     (i) Evidence of active, recent restoration work on the vehicle, including receipts or other pertinent evidence;
     (ii) Evidence that the property owner has a valid current registration or certificate of title for the vehicle; or
     (iii) Evidence that the vehicle has a collector vehicle license plate under RCW 46.18.220 or a horseless carriage license plate under RCW 46.18.255.
     (d) This subsection (2) does not prohibit a city, town, or county from enacting, enforcing, or maintaining an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice to otherwise regulate restoration of collector vehicles.
     (3) Ordinances pertaining to public nuisances shall contain:
     (a) A provision requiring notice to the last registered owner of record and the property owner of record that a hearing may be requested and that if no hearing is requested, the vehicle will be removed;
     (b) A provision requiring that if a request for a hearing is received, a notice giving the time, location, and date of the hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance shall be mailed, by certified mail, with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership;
     (c) A provision that the ordinance shall not apply to:
     (i) A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property ((or));
     (ii) A collector vehicle that is one of three or fewer collector vehicles that are being actively restored or are being used to supply parts for a collector vehicle that is being actively restored, and is not visible from the street or other public or private property; or
     (iii) A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130;
     (d) A provision that the owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and (i) deny responsibility for the presence of the vehicle on the land, with his or her reasons for the denial((.)), or (ii) provide evidence that the vehicle is a collector vehicle that is one of three or fewer collector vehicles that are being actively restored or are being used to supply parts for a collector vehicle that is being actively restored, and is not visible from the street or other public or private property;
     (e) A provision that if it is determined at the hearing under (d) of this subsection that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced in its presence, then the local agency shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect the cost from the owner;
     (((e))) (f) A provision that after notice has been given of the intent of the city, town, or county to dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or part thereof shall be removed at the request of a law enforcement officer with notice to the Washington state patrol and the department of licensing that the vehicle has been wrecked. The city, town, or county may operate such a disposal site when its governing body determines that commercial channels of disposition are not available or are inadequate, and it may make final disposition of such vehicles or parts, or may transfer such vehicle or parts to another governmental body provided such disposal shall be only as scrap.
     (4) A registered disposer under contract to a city or county for the impounding of vehicles shall comply with any administrative regulations adopted by the city or county on the handling and disposing of vehicles.