CERTIFICATION OF ENROLLMENT

ENGROSSED SUBSTITUTE HOUSE BILL 1625

Chapter 37, Laws of 2013

63rd Legislature
2013 Regular Session



TOWING FEES--PRIVATE PROPERTY



EFFECTIVE DATE: 07/28/13

Passed by the House March 9, 2013
  Yeas 91   Nays 7

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


Passed by the Senate April 12, 2013
  Yeas 47   Nays 0


BRAD OWEN
________________________________________    
President of the Senate
 
CERTIFICATE

I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1625 as passed by the House of Representatives and the Senate on the dates hereon set forth.


BARBARA BAKER
________________________________________    
Chief Clerk
Approved April 23, 2013, 3:48 p.m.








JAY INSLEE
________________________________________    
Governor of the State of Washington
 
FILED
April 24, 2013







Secretary of State
State of Washington


_____________________________________________ 

ENGROSSED SUBSTITUTE HOUSE BILL 1625
_____________________________________________

Passed Legislature - 2013 Regular Session
State of Washington63rd Legislature2013 Regular Session

By House Transportation (originally sponsored by Representatives Pollet, Clibborn, Kagi, Pedersen, Hunt, Riccelli, Appleton, Hudgins, Moscoso, Fitzgibbon, Morrell, Sells, and Bergquist)

READ FIRST TIME 02/22/13.   



     AN ACT Relating to consumer protection for tow truck services; adding a new section to chapter 46.55 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that the use of a motor vehicle is often a necessity for residents' livelihood and families. Therefore, the legislature finds it is important for the public to know what the charges and fees will be for the private impound of cars and other vehicles parked on private property, and that those charges should be reasonable to ensure that residents may retrieve impounded vehicles.

NEW SECTION.  Sec. 2   A new section is added to chapter 46.55 RCW to read as follows:
     (1) For a private impound performed by any registered tow truck operator using tow trucks classified by the Washington state patrol by rule under RCW 46.55.050(1) as class A, class E, or class D only, the following limitations apply:
     (a) The maximum towing hourly rate listed on the fee schedule filed with the department under RCW 46.55.063(1) may not exceed one hundred thirty-five percent of the maximum hourly rate for a class A tow truck at the time of filing as negotiated by the Washington state patrol, pursuant to rule, and contained in the letter of contractual agreement and letter of appointment authorizing a registered tow truck operator to respond to state patrol-originated calls.
     (b) The maximum daily storage rate listed on the fee schedule filed with the department under RCW 46.55.063(1) may not exceed one hundred thirty-five percent of the maximum daily storage rate for an impound at the time of filing as negotiated by the Washington state patrol, pursuant to rule, and contained in the letter of contractual agreement and letter of appointment authorizing a registered tow truck operator to respond to state patrol-originated calls.
     (c) The maximum after hours release fee listed on the fee schedule filed with the department under RCW 46.55.063(1) may not exceed one hundred percent of the maximum after hours release fee for an impound at the time of filing as negotiated by the Washington state patrol, pursuant to rule, and contained in the letter of contractual agreement and letter of appointment authorizing a registered tow truck operator to respond to state patrol-originated calls.
     (2) The limitations set forth in subsection (1) of this section apply to all registered tow truck operators whether or not they hold, have applied for, or received letters of appointment from the Washington state patrol to respond to state patrol-originated calls.
     (3) The limitations set forth in subsection (1) of this section do not apply to:
     (a) Any other classes of tow trucks classified by the Washington state patrol by rule under RCW 46.55.050(1); or
     (b) Law enforcement impounds or private voluntary towing.
     (4) The limitations set forth in subsection (1) of this section only apply if the vehicle is parked and upright, has all its wheels and tires attached, does not have a broken axle, and has not been involved in an accident at the location from which it is being impounded.
     (5) This section does not affect the authority of any city, town, or county to enforce, maintain, or amend any ordinance, enacted prior to January 1, 2013, and valid under state law in existence at the time of its enactment, that regulates maximum allowable rates and related charges for private impounds by registered tow truck operators.


         Passed by the House March 9, 2013.
         Passed by the Senate April 12, 2013.
         Approved by the Governor April 23, 2013.
         Filed in Office of Secretary of State April 24, 2013.