BILL REQ. #:  H-3322.1 

Read first time 01/11/12.   Referred to Committee on Transportation.

     AN ACT Relating to processing vehicles impounded by law enforcement for evidentiary purposes; and adding a new section to chapter 46.55 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 46.55 RCW to read as follows:
     (1) The last registered owner of record is responsible for the costs of a vehicle impounded under this chapter. If the vehicle is impounded for evidentiary purposes and directed to be towed to a secure public storage facility, the procedures in this section apply.
     (2)(a) If a law enforcement agency completes an investigation of an impounded vehicle within thirty days of impound and the vehicle is no longer needed for evidentiary purposes, the law enforcement agency may either:
     (i) Contact the registered tow truck operator that originally impounded the evidentiary vehicle to reimpound the vehicle and any items of personal property registered or titled with the department that were impounded with the evidentiary vehicle to the operator's secure storage facility. The reimpound constitutes a continuation of the original impound and the charges in compliance with RCW 46.55.063 must be added to those of the original impound and the vehicles processed under this chapter; or
     (ii) Direct the person authorized under RCW 46.55.120 who wishes to redeem the vehicle and any items of personal property registered or titled with the department that were impounded with the evidentiary vehicle to go to the registered tow truck operator that originally impounded the evidentiary vehicle and pay the costs of removal and towing resulting from the impound. Upon payment, the operator shall mark a copy of the invoice as paid and give a copy to the person redeeming the vehicle. Upon presentation of the proof of payment to the law enforcement agency, the law enforcement agency shall release the vehicle to the person authorized under RCW 46.55.120.
     (b) If a law enforcement agency has not completed an investigation of an impounded vehicle within thirty days of impound and the vehicle is still needed for evidentiary purposes, the law enforcement agency that ordered the impound is responsible for paying the costs of removal and towing of the vehicle, and the governmental entity of which the agency is a part becomes subrogated to the debt for services owed by the registered owner and is entitled to collect the amount the entity has paid and take any legal actions that are necessary to collect the debt owed, in the entity's name, including assigning the debt to a licensed collection agency for collection. Recoupment of the payment of the costs of the evidentiary impound from the registered owner does not terminate the evidentiary impound and the law enforcement agency may retain possession and control of the vehicle until it is no longer needed for evidentiary purposes.
     (3) This section does not apply to the impounding of contaminated vehicles under RCW 64.44.050.
     (4) The department in consultation with the Washington state patrol shall adopt rules necessary to implement this section.