Tow truck payments/indigent

AN ACT Relating to payments to tow truck operators for the 1
release of vehicles to indigent citizens; amending RCW 46.55.115 and 2
46.55.120; and adding a new section to chapter 46.55 RCW.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. A new section is added to chapter 46.55 5
RCW to read as follows: 6
(1) The department shall create a program to compensate 7
registered tow truck operators for private property impounds or 8
impounds performed at the direction of law enforcement to apply when 9
the owner of the vehicle is indigent, except when the vehicle has 10
been impounded after the vehicle owner has been arrested by a law 11
enforcement officer. 12
(2) An individual seeking the release of a vehicle under this 13
program must: 14
(a) Be the legal or registered owner of the vehicle;15
(b) Be indigent; 16
(c) Either not have the ability to pay for the towing service or 17
when making such payment would be a severe hardship;18
(d) Not have applied for the release of a vehicle under this 19
program more than once in the preceding year; and 20
H-0791.1
HOUSE BILL 1653
State of Washington 69th Legislature 2025 Regular Session
By Representatives Donaghy, Barkis, Low, Parshley, Ramel, Obras,
Kloba, Shavers, Fosse, Berg, Taylor, Eslick, Ormsby, Gregerson, and
Simmons
Read first time 01/28/25. Referred to Committee on Transportation.
p. 1 HB 1653
(e) Fill out and certify the first part of the form described in 1
subsection (4)(a) of this section and submit it to the registered tow 2
truck operator. 3
(3) A registered tow truck operator may seek payment for impounds 4
ordered by a law enforcement agency for vehicles owned by individuals 5
meeting the requirements of subsection (2) of this section when the 6
impound was not ordered following an arrest. The registered tow truck 7
operator applying for payment must fill out the second part of the 8
form described in subsection (4)(b) of this section and must submit 9
the completed form to the department. 10
(4) The department shall provide a form to registered tow truck 11
operators that consists of two parts. 12
(a) The first part of the form is to be completed by individuals 13
seeking the release of a vehicle and must include a requirement that 14
individuals self-certify under penalty of perjury that they meet the 15
requirements of the program and acknowledge that they understand that 16
the department may verify or audit the information and that perjury 17
is a criminal offense. 18
(b)(i) The second part of the form is to be completed by 19
registered tow truck operators and must include a requirement that 20
registered tow truck operators self-certify under penalty of perjury 21
that they have verified that: 22
(A) The impound was a private property impound or ordered by a 23
law enforcement agency; 24
(B) The impound was not ordered following an arrest;25
(C) The individual seeking the release of a vehicle is the owner 26
of the vehicle registered or titled with the department; and27
(ii) The registered tow truck operators must acknowledge that 28
they understand that the department may verify or audit the 29
information and that perjury is a criminal offense.30
(5) Subject to availability of funds, the department shall 31
disburse excess funds deposited under RCW 46.55.130(2)(h) that are no 32
longer subject to payment for a valid claim under RCW 46.55.130(2)(h) 33
in an amount equal to the cost of the towing, storage, or other 34
services incurred by the registered tow truck operators during the 35
course of the private property impound or law enforcement directed 36
impound to the eligible registered tow truck operators following 37
submission of the form by the registered tow truck operator. 38
Eligibility for payment under this section does not constitute an 39
entitlement for payment. If eligible applications for payment exceed 40
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the funds available, the department must create and maintain a 1
waitlist in the order the forms are received pursuant to this 2
section. The department is not civilly or criminally liable and no 3
penalty or cause of action may be brought against it regarding the 4
provision or lack of provision of funds. 5
(6) The department shall provide an annual report to the 6
appropriate committees of the legislature by October 1st of each 7
year. The annual report must include the total number of law 8
enforcement directed tows not following an arrest, the number of 9
vehicles released under this program, the number of applicants who 10
received payment under this program, the total funds provided to 11
applicants, the number of applicants on the waitlist who did not 12
receive grants, the total amount of grants unpaid due to lack of 13
funds, and the number of ineligible applicants and the reasons for 14
ineligibility. 15
(7) A registered tow truck operator who releases the vehicle 16
under this section does not have a lien or deficiency claim on the 17
released vehicle. 18
(8) When an impounding tow truck operator sends notification to 19
the legal and registered owners of a vehicle regarding the 20
impoundment of it as required under RCW 46.55.110 and the vehicle may 21
be eligible under this program, the impounding tow truck operator 22
must include information in the notification about the program 23
established in this section for the release of vehicles to indigent 24
persons. 25
(9) The registered tow truck operator shall provide to each 26
person who seeks to redeem an impounded vehicle that may be eligible 27
under this program written notice, in a form and manner specified by 28
the department, of the release of vehicles to indigent individuals. 29
The notice must be accompanied by the form described in subsection 30
(4) of this section. 31
Sec. 2. RCW 46.55.115 and 1993 c 121 s 2 are each amended to 32
read as follows: 33
The Washington state patrol, under its authority to remove 34
vehicles from the highway, may remove the vehicles directly, through 35
towing operators appointed by the state patrol and called on a 36
rotational or other basis, through contracts with towing operators, 37
or by a combination of these methods. When removal is to be 38
accomplished through a towing operator on a noncontractual basis, the 39
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state patrol may appoint any towing operator for this purpose upon 1
the application of the operator. Each appointment shall be contingent 2
upon the submission of an application to the state patrol and the 3
making of subsequent reports in such form and frequency and 4
compliance with such standards of equipment, performance, pricing, 5
and practices as may be required by rule of the state patrol.6
An appointment may be rescinded by the state patrol upon evidence 7
that the appointed towing operator is not complying with the laws or 8
rules relating to the removal and storage of vehicles from the 9
highway. The state patrol may not rescind an appointment merely 10
because a registered tow truck operator negotiates a different rate 11
for voluntary, owner-requested towing than for involuntary towing 12
under this chapter. The costs of removal and storage of vehicles 13
under this section shall be paid by the owner or driver of the 14
vehicle and shall be a lien upon the vehicle until paid, unless the 15
removal is determined to be invalid or the registered tow truck 16
operator releases the vehicle under the program established in 17
section 1 of this act. 18
Rules promulgated under this section shall be binding only upon 19
those towing operators appointed by the state patrol for the purpose 20
of performing towing services at the request of the Washington state 21
patrol. Any person aggrieved by a decision of the state patrol made 22
under this section may appeal the decision under chapter 34.05 RCW.23
Sec. 3. RCW 46.55.120 and 2017 c 152 s 1 are each amended to 24
read as follows: 25
(1)(a) Vehicles or other items of personal property registered or 26
titled with the department that are impounded by registered tow truck 27
operators pursuant to RCW 46.55.080, 46.55.085, 46.55.113, or 28
9A.88.140 may be redeemed only by the following persons or entities:29
(i) The legal owner; 30
(ii) The registered owner; 31
(iii) A person authorized in writing by the registered owner;32
(iv) The vehicle's insurer or a vendor working on behalf of the 33
vehicle's insurer; 34
(v) A third-party insurer that has a duty to repair or replace 35
the vehicle, has obtained consent from the registered owner or the 36
owner's agent to move the vehicle, and has documented that consent in 37
the insurer's claim file, or a vendor working on behalf of a third-38
party insurer that has received such consent; provided, however, that 39
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at all times the registered owner must be granted access to and may 1
reclaim possession of the vehicle. For the purposes of this 2
subsection, "owner's agent" means the legal owner of the vehicle, a 3
driver in possession of the vehicle with the registered owner's 4
permission, or an adult member of the registered owner's family;5
(vi) A person who is determined and verified by the operator to 6
have the permission of the registered owner of the vehicle or other 7
item of personal property registered or titled with the department;8
(vii) A person who has purchased a vehicle or item of personal 9
property registered or titled with the department from the registered 10
owner who produces proof of ownership or written authorization and 11
signs a receipt therefor; or 12
(viii) If (a)(i) through (vii) of this subsection do not apply, a 13
person, who is known to the registered or legal owner of a motorcycle 14
or moped, as each are defined in chapter 46.04 RCW, that was towed 15
from the scene of an accident, may redeem the motorcycle or moped as 16
a bailment in accordance with RCW 46.55.125 while the registered or 17
legal owner is admitted as a patient in a hospital due to the 18
accident. 19
(b) In addition, a vehicle impounded because the operator is in 20
violation of RCW 46.20.342(1)(c) shall not be released until a person 21
eligible to redeem it under (a) of this subsection satisfies the 22
requirements of (f) of this subsection, including paying all towing, 23
removal, and storage fees, notwithstanding the fact that the hold was 24
ordered by a government agency. If the department's records show that 25
the operator has been convicted of a violation of RCW 46.20.342 or a 26
similar local ordinance within the past five years, the vehicle may 27
be held for up to ((thirty)) 30 days at the written direction of the 28
agency ordering the vehicle impounded. A vehicle impounded because 29
the operator is arrested for a violation of RCW 46.20.342 may be 30
released only pursuant to a written order from the agency that 31
ordered the vehicle impounded or from the court having jurisdiction. 32
An agency shall issue a written order to release pursuant to a 33
provision of an applicable state agency rule or local ordinance 34
authorizing release on the basis of the following:35
(i) Economic or personal hardship to the spouse of the operator, 36
taking into consideration public safety factors, including the 37
operator's criminal history and driving record; or38
(ii) The owner of the vehicle was not the driver, the owner did 39
not know that the driver's license was suspended or revoked, and the 40
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owner has not received a prior release under this subsection or RCW 1
46.55.113(3). 2
In order to avoid discriminatory application, other than for the 3
reasons for release set forth in (b)(i) and (ii) of this subsection, 4
an agency shall, under a provision of an applicable state agency rule 5
or local ordinance, deny release in all other circumstances without 6
discretion. 7
If a vehicle is impounded because the operator is in violation of 8
RCW 46.20.342(1) (a) or (b), the vehicle may be held for up to 9
((thirty)) 30 days at the written direction of the agency ordering 10
the vehicle impounded. However, if the department's records show that 11
the operator has been convicted of a violation of RCW 46.20.342(1) 12
(a) or (b) or a similar local ordinance within the past five years, 13
the vehicle may be held at the written direction of the agency 14
ordering the vehicle impounded for up to ((sixty)) 60 days, and for 15
up to ((ninety)) 90 days if the operator has two or more such prior 16
offenses. If a vehicle is impounded because the operator is arrested 17
for a violation of RCW 46.20.342, the vehicle may not be released 18
until a person eligible to redeem it under (a) of this subsection 19
satisfies the requirements of (f) of this subsection, including 20
paying all towing, removal, and storage fees, notwithstanding the 21
fact that the hold was ordered by a government agency.22
(c) If the vehicle is directed to be held for a suspended license 23
impound, a person who desires to redeem the vehicle at the end of the 24
period of impound shall within five days of the impound at the 25
request of the tow truck operator pay a security deposit to the tow 26
truck operator of not more than one-half of the applicable impound 27
storage rate for each day of the proposed suspended license impound. 28
The tow truck operator shall credit this amount against the final 29
bill for removal, towing, and storage upon redemption. The tow truck 30
operator may accept other sufficient security in lieu of the security 31
deposit. If the person desiring to redeem the vehicle does not pay 32
the security deposit or provide other security acceptable to the tow 33
truck operator, the tow truck operator may process and sell at 34
auction the vehicle as an abandoned vehicle within the normal time 35
limits set out in RCW 46.55.130(1). The security deposit required by 36
this section may be paid and must be accepted at any time up to 37
((twenty-four)) 24 hours before the beginning of the auction to sell 38
the vehicle as abandoned. The registered owner is not eligible to 39
purchase the vehicle at the auction, and the tow truck operator shall 40
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sell the vehicle to the highest bidder who is not the registered 1
owner. 2
(d) Notwithstanding (c) of this subsection, a rental car business 3
may immediately redeem a rental vehicle it owns by payment of the 4
costs of removal, towing, and storage, whereupon the vehicle will not 5
be held for a suspended license impound. 6
(e) Notwithstanding (c) of this subsection, a motor vehicle 7
dealer or lender with a perfected security interest in the vehicle 8
may redeem or lawfully repossess a vehicle immediately by payment of 9
the costs of removal, towing, and storage, whereupon the vehicle will 10
not be held for a suspended license impound. A motor vehicle dealer 11
or lender with a perfected security interest in the vehicle may not 12
knowingly and intentionally engage in collusion with a registered 13
owner to repossess and then return or resell a vehicle to the 14
registered owner in an attempt to avoid a suspended license impound. 15
However, this provision does not preclude a vehicle dealer or a 16
lender with a perfected security interest in the vehicle from 17
repossessing the vehicle and then selling, leasing, or otherwise 18
disposing of it in accordance with chapter 62A.9A RCW, including 19
providing redemption rights to the debtor under RCW 62A.9A-623. If 20
the debtor is the registered owner of the vehicle, the debtor's right 21
to redeem the vehicle under chapter 62A.9A RCW is conditioned upon 22
the debtor obtaining and providing proof from the impounding 23
authority or court having jurisdiction that any fines, penalties, and 24
forfeitures owed by the registered owner, as a result of the 25
suspended license impound, have been paid, and proof of the payment 26
must be tendered to the vehicle dealer or lender at the time the 27
debtor tenders all other obligations required to redeem the vehicle. 28
Vehicle dealers or lenders are not liable for damages if they rely in 29
good faith on an order from the impounding agency or a court in 30
releasing a vehicle held under a suspended license impound.31
(f) The vehicle or other item of personal property registered or 32
titled with the department shall be released upon the presentation to 33
any person having custody of the vehicle of commercially reasonable 34
tender sufficient to cover the costs of towing, storage, or other 35
services rendered during the course of towing, removing, impounding, 36
or storing any such vehicle, with credit being given for the amount 37
of any security deposit paid under (c) of this subsection. 38
Alternatively, a vehicle must be released when the registered tow 39
truck operator completes the form described in section 1 (4)(a) of 40
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this act provided that the first part is completed by an individual 1
seeking the release of a vehicle. In addition, if a vehicle is 2
impounded because the operator was arrested for a violation of RCW 3
46.20.342 or 46.20.345 and was being operated by the registered owner 4
when it was impounded under local ordinance or agency rule, it must 5
not be released to any person until the registered owner establishes 6
with the agency that ordered the vehicle impounded or the court 7
having jurisdiction that any penalties, fines, or forfeitures owed by 8
him or her have been satisfied. Registered tow truck operators are 9
not liable for damages if they rely in good faith on an order from 10
the impounding agency or a court in releasing a vehicle held under a 11
suspended license impound. Commercially reasonable tender shall 12
include, without limitation, cash, major bank credit cards issued by 13
financial institutions, or personal checks drawn on Washington state 14
branches of financial institutions if accompanied by two pieces of 15
valid identification, one of which may be required by the operator to 16
have a photograph. If the towing firm cannot determine through the 17
customer's bank or a check verification service that the presented 18
check would be paid by the bank or guaranteed by the service, the 19
towing firm may refuse to accept the check. Any person who stops 20
payment on a personal check or credit card, or does not make 21
restitution within ((ten)) 10 days from the date a check becomes 22
insufficient due to lack of funds, to a towing firm that has provided 23
a service pursuant to this section or in any other manner defrauds 24
the towing firm in connection with services rendered pursuant to this 25
section shall be liable for damages in the amount of twice the towing 26
and storage fees, plus costs and reasonable attorney's fees.27
(2)(a) The registered tow truck operator shall give to each 28
person who seeks to redeem an impounded vehicle, or item of personal 29
property registered or titled with the department, written notice of 30
the right of redemption and opportunity for a hearing, which notice 31
shall be accompanied by a form to be used for requesting a hearing, 32
the name of the person or agency authorizing the impound, and a copy 33
of the towing and storage invoice. The registered tow truck operator 34
shall maintain a record evidenced by the redeeming person's signature 35
that such notification was provided. 36
(b) Any person seeking to redeem an impounded vehicle under this 37
section has a right to a hearing in the district or municipal court 38
for the jurisdiction in which the vehicle was impounded to contest 39
the validity of the impoundment or the amount of towing and storage 40
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charges. The district court has jurisdiction to determine the issues 1
involving all impoundments including those authorized by the state or 2
its agents. The municipal court has jurisdiction to determine the 3
issues involving impoundments authorized by agents of the 4
municipality. Any request for a hearing shall be made in writing on 5
the form provided for that purpose and must be received by the 6
appropriate court within ((ten)) 10 days of the date the opportunity 7
was provided for in (a) of this subsection and more than five days 8
before the date of the auction. At the time of the filing of the 9
hearing request, the petitioner shall pay to the court clerk a filing 10
fee in the same amount required for the filing of a suit in district 11
court. If the hearing request is not received by the court within the 12
((ten-day)) 10-day period, the right to a hearing is waived and the 13
registered owner is liable for any towing, storage, or other 14
impoundment charges permitted under this chapter. Upon receipt of a 15
timely hearing request, the court shall proceed to hear and determine 16
the validity of the impoundment. 17
(3)(a) The court, within five days after the request for a 18
hearing, shall notify the registered tow truck operator, the person 19
requesting the hearing if not the owner, the registered and legal 20
owners of the vehicle or other item of personal property registered 21
or titled with the department, and the person or agency authorizing 22
the impound in writing of the hearing date and time.23
(b) At the hearing, the person or persons requesting the hearing 24
may produce any relevant evidence to show that the impoundment, 25
towing, or storage fees charged were not proper. The court may 26
consider a written report made under oath by the officer who 27
authorized the impoundment in lieu of the officer's personal 28
appearance at the hearing. 29
(c) At the conclusion of the hearing, the court shall determine 30
whether the impoundment was proper, whether the towing or storage 31
fees charged were in compliance with the posted rates, and who is 32
responsible for payment of the fees. The court may not adjust fees or 33
charges that are in compliance with the posted or contracted rates.34
(d) If the impoundment is found proper, the impoundment, towing, 35
and storage fees as permitted under this chapter together with court 36
costs shall be assessed against the person or persons requesting the 37
hearing, unless the operator did not have a signed and valid 38
impoundment authorization from a private property owner or an 39
authorized agent. 40
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(e) If the impoundment is determined to be in violation of this 1
chapter, then the registered and legal owners of the vehicle or other 2
item of personal property registered or titled with the department 3
shall bear no impoundment, towing, or storage fees, and any security 4
shall be returned or discharged as appropriate, and the person or 5
agency who authorized the impoundment shall be liable for any towing, 6
storage, or other impoundment fees permitted under this chapter. The 7
court shall enter judgment in favor of the registered tow truck 8
operator against the person or agency authorizing the impound for the 9
impoundment, towing, and storage fees paid. In addition, the court 10
shall enter judgment in favor of the registered and legal owners of 11
the vehicle, or other item of personal property registered or titled 12
with the department, for the amount of the filing fee required by law 13
for the impound hearing petition as well as reasonable damages for 14
loss of the use of the vehicle during the time the same was impounded 15
against the person or agency authorizing the impound. However, if an 16
impoundment arising from an alleged violation of RCW 46.20.342 or 17
46.20.345 is determined to be in violation of this chapter, then the 18
law enforcement officer directing the impoundment and the government 19
employing the officer are not liable for damages if the officer 20
relied in good faith and without gross negligence on the records of 21
the department in ascertaining that the operator of the vehicle had a 22
suspended or revoked driver's license. If any judgment entered is not 23
paid within ((fifteen)) 15 days of notice in writing of its entry, 24
the court shall award reasonable attorneys' fees and costs against 25
the defendant in any action to enforce the judgment. Notice of entry 26
of judgment may be made by registered or certified mail, and proof of 27
mailing may be made by affidavit of the party mailing the notice. 28
Notice of the entry of the judgment shall read essentially as 29
follows: 30
TO: . . . . . . 31
YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in 32
the . . . . . . Court located at . . . . . . in the sum of 33
$. . . . . ., in an action entitled . . . . . ., Case 34
No. . . . . YOU ARE FURTHER NOTIFIED that attorneys fees and 35
costs will be awarded against you under RCW . . . if the 36
judgment is not paid within 15 days of the date of this 37
notice. 38
DATED this . . . . day of . . . . . ., (year) . . .39
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Signature . . . . . . . . . . 1
Typed name and address 2
of party mailing notice 3
(4) Any impounded abandoned vehicle or item of personal property 4
registered or titled with the department that is not redeemed within 5
((fifteen)) 15 days of mailing of the notice of custody and sale as 6
required by RCW 46.55.110(3) shall be sold at public auction in 7
accordance with all the provisions and subject to all the conditions 8
of RCW 46.55.130. A vehicle or item of personal property registered 9
or titled with the department may be redeemed at any time before the 10
start of the auction either upon ((payment)):11
(a) Payment of the applicable towing and storage fees; or12
(b) The completion of the form specified in section 1 of this 13
act. 14
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