AN ACT Relating to nonimpound tow truck operator licensing; amending RCW 18.235.020, 43.43.700, 43.43.705, 43.43.742, 46.63.020, and 46.76.020; adding a new chapter to Title 46 RCW; repealing RCW 46.55.025; prescribing penalties; and providing an effective date.

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

(1) "Daily operations" means any activity commonly associated with the routine operation of a tow truck business including, but not limited to, communicating with customers and dispatching tow trucks.

(2) "Nonimpound tow truck operator" or "operator" means any person or firm engaging in the business of towing disabled vehicles for direct or indirect monetary compensation on a public highway and not registered under chapter 46.55 RCW.

(3) "Tow truck" means a motor vehicle that is equipped for and used in the business of towing vehicles with equipment that meets standards established by the state patrol.

(4) "Tow truck number" means the number issued by the department to tow trucks used by a nonimpound tow truck operator in the state of Washington.

(5) "Tow truck permit" means the permit issued annually by the department that has the classification of service the tow truck may provide placed upon it.

(6) "Tow truck service" or "service" means the transporting upon the public streets and highways of this state of a disabled vehicle, together with any personal effects and cargo, by a tow truck of a nonimpound tow truck operator.

(2) Any person engaging in or offering to engage in the activities of a nonimpound tow truck operator without the license required under this chapter is guilty of a gross misdemeanor and is subject to disciplinary action that may be imposed by the department under this chapter.

(3) Except as otherwise provided under this chapter, a nonimpound tow truck operator who engages in any act or practice that is prohibited under this chapter may be: (a) Prosecuted for a traffic infraction under chapter 46.63 RCW, or (b) subject to the civil penalties or disciplinary actions that may be imposed by the department under this chapter.

(4) A person found to have committed a traffic infraction under this chapter is subject to a monetary penalty of at least two hundred fifty dollars.

(5) Chapter 18.235 RCW governs unlicensed practice as a nonimpound tow truck operator, the issuance and denial of licenses and permits, and the discipline of nonimpound tow truck operators and persons required to be licensed as a nonimpound tow truck operator under this chapter.

(6) A nonimpound tow truck operator licensed under this chapter must not be registered under chapter 46.55 RCW.

(a) Name and address of the person, firm, partnership, association, or corporation under which name the business is to be conducted;

(b) Names and residence addresses of all persons having an interest in the business, or if the owner is a corporation, the names and addresses of the officers of the corporation;

(c) Names and addresses of all employees who serve as tow truck drivers for tow truck service;

(d) The vehicle registration and vehicle identification numbers of all tow trucks used by the nonimpound tow truck operator; and

(e) Any other information the department may require to ensure compliance with this chapter.

(2) Before the department may issue an initial or renewal license to an applicant, the applicant must provide proof of inspection under section 7 of this act.

(3)(a) Before the department may issue an initial or renewal license to an applicant, the applicant must provide proof of minimum insurance requirements of:

(i) One hundred thousand dollars for liability for bodily injury or property damage per occurrence; and

(ii) Fifty thousand dollars of legal liability per occurrence, to protect against vehicle damage including, but not limited to, fire and theft during tow truck service.

(b) Cancellation of or failure to maintain the insurance required under (a)(i) and (ii) of this subsection automatically cancels the operator's license.

(4) The fee for each original license and annual renewal is one hundred dollars per operator. The department must forward the license fee to the state treasurer for deposit into the motor vehicle fund.

(5) Before the department may issue a license to an applicant, background checks under section 6 of this act must be completed.

(6) Upon approval of the application, the department must issue a license to the nonimpound tow truck operator to be displayed prominently at the operator's place of business and as otherwise required by the department.

NEW SECTION.  Sec. 4.  (1) A nonimpound tow truck operator must apply for and keep current a tow truck permit for each tow truck of which the operator is the registered owner.

(2) Upon completion of a form furnished by the department for this purpose, receipt of the fee provided in this section, and submission of a satisfactory inspection report from a qualified mechanic conducted under section 7 of this act, the department must issue each tow truck a tow truck permit, a corresponding decal, and a unique tow truck number. The class of the tow truck, determined according to standards adopted under section 7 of this act, and the expiration date must be included on the permit and decal.

(3) The fee for each original tow truck permit and annual renewal is fifty dollars. The department must forward the fee to the state treasurer for deposit into the motor vehicle fund.

(2) The department may not issue and may revoke a nonimpound tow truck operator license if an applicant, owner, partner, or corporate officer involved in daily operations:

(a) Has been convicted of any of the following:

(i) Any class A felony or any sex offense as defined in RCW 9.94A.030, regardless of the date of conviction;

(ii) Any class B felony within the last ten years;

(iii) Any class C felony within the last five years;

(iv) A drug or alcohol-related traffic violation two or more times within the last five years; or

(v) Any gross misdemeanor within the last three years.

(b) Must register as a sex offender or kidnapping offender; or

(c) Has been granted deferred prosecution under chapter 10.05 RCW for any gross misdemeanor within the last three years.

(3) The department must establish procedures by which nonimpound tow truck operators notify the department of new owners, partners, or corporate officers, and carry out background checks under this section.

(4) Nonimpound tow truck operators must conduct preemployment national criminal history background checks in a manner established by the department for all prospective employees that operate a tow truck for tow truck service. The department may revoke a nonimpound tow truck operator license for failing to:

(a) Conduct required criminal history background checks under this section;

(b) Consider the criminal history of a prospective employee as it relates to public safety in its hiring decisions; or

(c) Comply with the requirements of the fair credit reporting act under 15 U.S.C. Sec. 1681 et seq. for any criminal history background check conducted under this subsection.

(2) All tow trucks used by nonimpound tow truck operators must display the firm's name, city of address, telephone number, and tow truck number issued by the department. This information must be painted on or permanently affixed to both sides of the vehicle in accordance with rules adopted by the department.

(3) A valid, unexpired tow truck permit and decal issued by the department under section 4 of this act must be displayed in accordance with rules adopted by the department.

(4) A tow truck used by a nonimpound tow truck operator must be inspected by a qualified mechanic in a manner established by the department before it is put into service and annually thereafter.

(5) A tow truck that fails to meet the minimum standards established under subsection (1) of this section must not be used to provide tow truck service.

(6) The department may cancel, suspend, or revoke a tow truck permit issued under section 4 of this act for failure to comply with any requirement of this section or rules adopted under it.

(2) The nonimpound tow truck operator must provide a copy of this itemized billing invoice or receipt to the customer.

(a) Tow truck inspection and maintenance records for at least three years;

(b) Itemized invoices or receipts for tow services for at least three years;

(c) Prospective employee criminal history background check records for at least three years; and

(d) Other records required by the department to ensure compliance with this chapter.

(2) This section does not supersede other recordkeeping required by law.

Sec. 12.  RCW 18.235.020 and 2013 c 322 s 29 are each amended to read as follows:

(1) This chapter applies only to the director and the boards and commissions having jurisdiction in relation to the businesses and professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

(2)(a) The director has authority under this chapter in relation to the following businesses and professions:

(i) Auctioneers under chapter 18.11 RCW;

(ii) Bail bond agents and bail bond recovery agents under chapter 18.185 RCW;

(iii) Camping resorts' operators and salespersons under chapter 19.105 RCW;

(iv) Commercial telephone solicitors under chapter 19.158 RCW;

(v) Cosmetologists, barbers, manicurists, and estheticians under chapter 18.16 RCW;

(vi) Court reporters under chapter 18.145 RCW;

(vii) Driver training schools and instructors under chapter 46.82 RCW;

(viii) Employment agencies under chapter 19.31 RCW;

(ix) For hire vehicle operators under chapter 46.72 RCW;

(x) Limousines under chapter 46.72A RCW;

(xi) Notaries public under chapter 42.44 RCW;

(xii) Private investigators under chapter 18.165 RCW;

(xiii) Professional boxing, martial arts, and wrestling under chapter 67.08 RCW;

(xiv) Real estate appraisers under chapter 18.140 RCW;

(xv) Real estate brokers and salespersons under chapters 18.85 and 18.86 RCW;

(xvi) Scrap metal processors, scrap metal recyclers, and scrap metal suppliers under chapter 19.290 RCW;

(xvii) Security guards under chapter 18.170 RCW;

(xviii) Sellers of travel under chapter 19.138 RCW;

(xix) Timeshares and timeshare salespersons under chapter 64.36 RCW;

(xx) Whitewater river outfitters under chapter 79A.60 RCW;

(xxi) Home inspectors under chapter 18.280 RCW;

(xxii) Body artists, body piercers, and tattoo artists, and body art, body piercing, and tattooing shops and businesses, under chapter 18.300 RCW; ((and))

(xxiii) Appraisal management companies under chapter 18.310 RCW; and

(xxiv) Nonimpound tow truck operators under chapter 46.-- RCW (the new chapter created in section 20 of this act).

(b) The boards and commissions having authority under this chapter are as follows:

(i) The state board for architects established in chapter 18.08 RCW;

(ii) The Washington state collection agency board established in chapter 19.16 RCW;

(iii) The state board of registration for professional engineers and land surveyors established in chapter 18.43 RCW governing licenses issued under chapters 18.43 and 18.210 RCW;

(iv) The funeral and cemetery board established in chapter 18.39 RCW governing licenses issued under chapters 18.39 and 68.05 RCW;

(v) The state board of licensure for landscape architects established in chapter 18.96 RCW; and

(vi) The state geologist licensing board established in chapter 18.220 RCW.

(3) In addition to the authority to discipline license holders, the disciplinary authority may grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered under RCW 18.235.110 by the disciplinary authority.

Sec. 13.  RCW 43.43.700 and 2006 c 294 s 1 are each amended to read as follows:

(1) There is hereby established within the Washington state patrol a section on identification and criminal history hereafter referred to as the section.

(2) In order to aid the administration of justice the section shall install systems for the identification of individuals, including the fingerprint system and such other systems as the chief deems necessary. The section shall keep a complete record and index of all information received in convenient form for consultation and comparison.

(3) The section shall obtain from whatever source available and file for record the fingerprints, palmprints, photographs, or such other identification data as it deems necessary, of persons who have been or shall hereafter be lawfully arrested and charged with, or convicted of any criminal offense. The section may obtain like information concerning persons arrested for or convicted of crimes under the laws of another state or government.

Sec. 14.  RCW 43.43.705 and 2006 c 294 s 2 are each amended to read as follows:

(1) Upon the receipt of identification data from criminal justice agencies within this state, the section shall immediately cause the files to be examined and upon request shall promptly return to the contributor of such data a transcript of the record of previous arrests and dispositions of the persons described in the data submitted.

(2) Upon application, the section shall furnish to criminal justice agencies a transcript of the criminal history record information available pertaining to any person of whom the section has a record.

(3) For the purposes of RCW 43.43.700 through 43.43.785 the following words and phrases shall have the following meanings:

(a) "Criminal history record information" includes, and shall be restricted to identifying data and information recorded as the result of an arrest or other initiation of criminal proceedings and the consequent proceedings related thereto. "Criminal history record information" shall not include intelligence, analytical, or investigative reports and files.

(b) "Criminal justice agencies" are those public agencies within or outside the state which perform, as a principal function, activities directly relating to the apprehension, prosecution, adjudication or rehabilitation of criminal offenders.

(4) The section may refuse to furnish any information pertaining to the identification or history of any person or persons of whom it has a record, or other information in its files and records, to any applicant if the chief determines that the applicant has previously misused information furnished to such applicant by the section or the chief believes that the applicant will not use the information requested solely for the purpose of due administration of the criminal laws or for the purposes enumerated in RCW 43.43.760(4). The applicant may appeal such determination by notifying the chief in writing within thirty days. The hearing shall be before an administrative law judge appointed under chapter 34.12 RCW and in accordance with procedures for adjudicative proceedings under chapter 34.05 RCW.

Sec. 15.  RCW 43.43.742 and 1987 c 450 s 4 are each amended to read as follows:

(1) The Washington state patrol shall adopt rules concerning submission of fingerprints taken by local agencies ((after July 26, 1987,)) from persons for license application or other noncriminal purposes.

(3) The Washington state patrol may charge fees for submission of fingerprints which will cover as nearly as practicable the direct and indirect costs to the Washington state patrol of processing such submission or notifying a statutorily authorized agency or entity of a change in criminal history record information as provided in RCW 43.43.700.

Sec. 16.  RCW 46.63.020 and 2014 c 124 s 9 are each amended to read as follows:

Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:

(1) RCW 46.09.457(1)(b)(i) relating to a false statement regarding the inspection of and installation of equipment on wheeled all-terrain vehicles;

(2) RCW 46.09.470(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;

(3) RCW 46.09.480 relating to operation of nonhighway vehicles;

(4) RCW 46.10.490(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;

(5) RCW 46.10.495 relating to the operation of snowmobiles;

(6) Chapter 46.12 RCW relating to certificates of title, registration certificates, and markings indicating that a vehicle has been destroyed or declared a total loss;

(7) RCW 46.16A.030 and 46.16A.050(3) relating to the nonpayment of taxes and fees by failure to register a vehicle and falsifying residency when registering a motor vehicle;

(8) RCW 46.16A.520 relating to permitting unauthorized persons to drive;

(9) RCW 46.16A.320 relating to vehicle trip permits;

(10) RCW 46.19.050(1) relating to knowingly providing false information in conjunction with an application for a special placard or license plate for disabled persons' parking;

(11) RCW 46.19.050(8) relating to illegally obtaining a parking placard, special license plate, special year tab, or identification card;

(12) RCW 46.19.050(9) relating to sale of a parking placard, special license plate, special year tab, or identification card;

(13) RCW 46.20.005 relating to driving without a valid driver's license;

(14) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;

(15) RCW 46.20.0921 relating to the unlawful possession and use of a driver's license;

(16) RCW 46.20.342 relating to driving with a suspended or revoked license or status;

(17) RCW 46.20.345 relating to the operation of a motor vehicle with a suspended or revoked license;

(18) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license, temporary restricted driver's license, or ignition interlock driver's license;

(19) RCW 46.20.740 relating to operation of a motor vehicle without an ignition interlock device in violation of a license notation that the device is required;

(20) RCW 46.20.750 relating to circumventing an ignition interlock device;

(21) RCW 46.25.170 relating to commercial driver's licenses;

(22) Chapter 46.29 RCW relating to financial responsibility;

(23) RCW 46.30.040 relating to providing false evidence of financial responsibility;

(24) RCW 46.35.030 relating to recording device information;

(25) RCW 46.37.435 relating to wrongful installation of sunscreening material;

(26) RCW 46.37.650 relating to the sale, resale, distribution, or installation of a previously deployed air bag;

(27) RCW 46.37.671 through 46.37.675 relating to signal preemption devices;

(28) RCW 46.37.685 relating to switching or flipping license plates, utilizing technology to flip or change the appearance of a license plate, selling a license plate flipping device or technology used to change the appearance of a license plate, or falsifying a vehicle registration;

(29) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

(30) RCW 46.48.175 relating to the transportation of dangerous articles;

(31) RCW 46.52.010 relating to duty on striking an unattended car or other property;

(32) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

(33) RCW 46.52.090 relating to reports by repairers, storage persons, and appraisers;

(34) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;

(35) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;

(36) RCW 46.55.035 relating to prohibited practices by registered tow truck operators;

(37) RCW 46.55.300 relating to vehicle immobilization;

(38) Section 2 of this act relating to engaging in the activities of a nonimpound tow truck operator without a license;

(39) RCW 46.61.015 relating to obedience to police officers, flaggers, or firefighters;

(((39)))(40) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;

(((40)))(41) RCW 46.61.022 relating to failure to stop and give identification to an officer;

(((41)))(42) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

(((42)))(43) RCW 46.61.212(4) relating to reckless endangerment of emergency zone workers;

(((43)))(44) RCW 46.61.500 relating to reckless driving;

(((44)))(45) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

(((45)))(46) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;

(((46)))(47) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

(((47)))(48) RCW 46.61.522 relating to vehicular assault;

(((48)))(49) RCW 46.61.5249 relating to first degree negligent driving;

(((49)))(50) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;

(((50)))(51) RCW 46.61.530 relating to racing of vehicles on highways;

(((51)))(52) RCW 46.61.655(7) (a) and (b) relating to failure to secure a load;

(((52)))(53) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

(((53)))(54) RCW 46.61.740 relating to theft of motor vehicle fuel;

(((54)))(55) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;

(((55)))(56) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;

(((56)))(57) Chapter 46.65 RCW relating to habitual traffic offenders;

(((57)))(58) RCW 46.68.010 relating to false statements made to obtain a refund;

(((58)))(59) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;

(((59)))(60) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;

(((60)))(61) RCW 46.72A.060 relating to limousine carrier insurance;

(((61)))(62) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;

(((62)))(63) RCW 46.72A.080 relating to false advertising by a limousine carrier;

(((63)))(64) Chapter 46.80 RCW relating to motor vehicle wreckers;

(((64)))(65) Chapter 46.82 RCW relating to driver's training schools;

(((65)))(66) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;

(((66)))(67) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.

Sec. 17.  RCW 46.76.020 and 2008 c 19 s 1 are each amended to read as follows:

Application for a transporter's license shall be made on a form provided for that purpose by the director of licensing and when executed shall be forwarded to the director together with the proper fee. The application shall contain the name and address of the applicant, state whether or not the license will be used to provide towing services for monetary compensation ((as described in RCW 46.55.025)) and, if so, whether or not the applicant is a registered tow truck operator under chapter 46.55 RCW or licensed under section 2 of this act, and contain other information as the director may require.

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