Washington 2021-2022 Regular Session Status: Passed Senate Bipartisan · 6 R · 2 D cosponsors

SB 5406 — Providing compensation for tow truck operators for keeping the public roadways clear.

Last action — By resolution, returned to Senate Rules Committee for third reading.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

88 added · 57 removed

Plain-language change summary

The recent amendments to Senate Bill 5406 clarify the importance of keeping Washington's roadways clear, especially for first responders during the COVID-19 pandemic. New language emphasizes the role of registered tow truck operators in quickly clearing blocked roads to ensure access for emergency services. This change is significant as it underscores the critical collaboration needed between law enforcement, tow truck operators, and state agencies to maintain public safety and assist in emergency healthcare transport.

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S-1098.1 SUBSTITUTE SENATE BILL 5406 State of Washington 67th Legislature 2021 Regular Session By Senate Transportation (originally sponsored by Senators Hawkins, Mullet, Brown, Dozier, Fortunato, Hobbs, Honeyford, Hunt, Rolfes, Schoesler, Short, Stanford, Warnick, and Wilson, J.) READ FIRST TIME 02/22/21.
S-0276.1 SENATE BILL 5406 State of Washington 67th Legislature 2021 Regular Session By Senators Hawkins, Mullet, Brown, Dozier, Fortunato, Hobbs, Honeyford, Hunt, Rolfes, Schoesler, Short, Stanford, Warnick, and Wilson, J.
Read first time 02/02/21.
Referred to Committee on Transportation.
and amending RCW 46.44.110.
amending RCW 46.44.110;
and creating a new section.
NEW SECTION.
(1) The legislature finds that the strategic response to the COVID-19 pandemic requires that the public roadways of the state remain clear of vehicle accidents and other barriers used by first responders and the public to transport patients to emergent and ongoing health care facilities and lifesaving treatment.
(2) The legislature further finds that first responders, state agencies, and registered tow truck operators are critical to keeping our public roadways clear of barriers.
To fulfill this responsibility, law enforcement and other government agencies rely upon registered tow truck operators responding to the scene of a blocked roadway to assist the responsible government agency with clearing the roadway including impound or recovery of the vehicles that have caused the roadway to be blocked.
Registered tow truck operators are relied upon by law enforcement and other state agencies to quickly respond when called to reopen critical roadways for the welfare of the public.
All parties should be compensated for their p.
1 SB 5406 work in keeping the public roadways of the state clear because unsafe conditions can inhibit access to lifesaving treatment during the COVID-19 pandemic.
(3) Currently registered tow truck operators are not being compensated for a significant number of the accidents that they respond to on behalf of law enforcement and state agencies.
It is imperative that tow truck operators know that they will be compensated for the services they provide when they respond to a state agency call for assistance or they will not remain able to assist the state in the future.
(4) The legislature finds that those persons who operate a motor vehicle in an illegal or negligent manner and who cause damage to a public roadway should be responsible for the cost of these services provided by state agencies and registered tow truck operators.
Otherwise, registered tow truck operators will cease responding to these road closures if they remain uncompensated by insurance companies, commercial truck operators, and other operators of vehicles who refuse to pay for services after the completion of a vehicle recovery or impound.
Sec.
2.
(1) Any person operating any vehicle or moving any object or conveyance upon any public highway in this state or upon any bridge or elevated structure that is a part of any such public highway is liable for all damages that the public highway, bridge, elevated structure, or other state property may sustain , as well as payment for vehicle recovery, impound, and storage charges to any registered tow truck operator dispatched by law enforcement or other agency, as a result of any illegal operation of the vehicle or the moving of any such object or conveyance or as a result of the operation or moving of any vehicle, object, or conveyance weighing in excess of the legal weight limits allowed by law.
(1) Any person operating any vehicle or moving any object or conveyance upon any public highway in this state or upon any bridge or elevated structure that is a part of any such public highway is liable for all damages that the public highway, bridge, elevated structure, or other state property may sustain, as well as payment for vehicle recovery, impound, and storage charges to any registered tow truck operator dispatched by law enforcement or other agency, as a result of any illegal operation of the vehicle or the moving of any such object or conveyance or as a result of the operation or moving of any vehicle, object, or conveyance weighing in excess of the legal weight limits allowed by law.
Any person operating any vehicle is liable for any damage p.
Any person operating any vehicle is liable for any damage to any public highway, bridge, elevated structure, or other state property sustained, as well as payment for vehicle recovery, impound, p.
1 SSB 5406 to any public highway, bridge, elevated structure, or other state property sustained, as well as payment for vehicle recovery, impound, and storage charges to any registered tow truck operator dispatched by law enforcement or other agency, as the result of any negligent operation thereof.
2 SB 5406 and storage charges to any registered tow truck operator dispatched by law enforcement or other agency, as the result of any negligent operation thereof.
(3)(a) Such damage to any state highway, structure, or other state property may be recovered in a civil action instituted in the name of the state of Washington by the department of transportation or other affected state agency.
(3) Such damage to any state highway, structure, or other state property may be recovered in a civil action instituted in the name of the state of Washington by the department of transportation or other affected state agency or by a registered tow truck operator.
Any measure of damage determined by the department of transportation to its highway, bridge, elevated structure, or other property under this section is prima facie the amount of damage caused thereby and is presumed to be the amount recoverable in any civil action therefor.
Any measure of ((damage)) damages determined by the department of transportation to its highway, bridge, elevated structure, or other property, as well as payment for vehicle recovery, impound, and storage charges to any registered tow truck operator dispatched by law enforcement or other agency, under this section is prima facie the amount of damage caused thereby and is presumed to be the amount recoverable in any civil action therefor.
The damages available under this section include the incident response costs, including traffic control, incurred by the department of transportation.
The damages available under this section include the incident response costs, including traffic control, incurred by the department of transportation or a registered tow truck operator.
(b) Costs attributable to vehicle recovery, impound, and storage charges for any registered tow truck operator dispatched by law enforcement or other state or local agency may be recovered in a civil action instituted by the registered tow truck operator.
The amount of nonpayment for vehicle recovery, impound, and storage charges to any registered tow truck operator dispatched by law enforcement or other agency, under this section is presumed to be the amount recoverable in any civil action therefor.
The damages available under this subsection (3)(b) include the incident response costs, including traffic control, incurred by a registered tow truck operator.
2 SSB 5406
3 SB 5406
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Action History

  1. By resolution, returned to Senate Rules Committee for third reading.

  2. Executive session scheduled, but no action was taken in the House Committee on Transportation at 10:00 AM.

  3. Scheduled for public hearing in the House Committee on Transportation at 10:00 AM

  4. Public hearing in the House Committee on Transportation at 10:00 AM.

  5. First reading, referred to Transportation.

  6. Third reading, passed; yeas, 48; nays, 1; absent, 0; excused, 0.

  7. Rules suspended. Placed on Third Reading.

  8. 2nd substitute bill substituted (TRAN 22).

  9. Returned to second reading for amendment.

  10. Rules suspended.

  11. Placed on third reading by Rules Committee.

  12. Scheduled for public hearing in the Senate Committee on Transportation at 12:30 PM

  13. Passed to Rules Committee for third reading.

  14. TRAN - Majority; 2nd substitute bill be substituted, do pass.

  15. Executive action taken in the Senate Committee on Transportation at 12:30 PM.

  16. Scheduled for public hearing in the Senate Committee on Transportation at 04:00 PM

  17. Public hearing in the Senate Committee on Transportation at 4:00 PM.

  18. On motion, referred to Transportation.

  19. By resolution, reintroduced and retained in present status.

  20. By resolution, returned to Senate Rules Committee for third reading.

  21. Rules Committee relieved of further consideration. Placed on second reading.

  22. Scheduled for public hearing in the House Committee on Transportation at 10:00 AM

  23. Referred to Rules 2 Review.

  24. Minority; do not pass.

  25. TR - Majority; do pass with amendment(s).

  26. Executive action taken in the House Committee on Transportation at 10:00 AM.

  27. Executive session scheduled, but no action was taken in the House Committee on Transportation at 2:00 PM.

  28. Scheduled for public hearing in the House Committee on Transportation at 03:30 PM

  29. Public hearing in the House Committee on Transportation at 3:30 PM.

  30. First reading, referred to Transportation.

  31. Third reading, passed; yeas, 47; nays, 1; absent, 0; excused, 1.

  32. Rules suspended. Placed on Third Reading.

  33. 1st substitute bill substituted (TRAN 21).

  34. Placed on second reading by Rules Committee.

  35. Scheduled for public hearing in the Senate Committee on Transportation at 01:30 PM

  36. Passed to Rules Committee for second reading.

  37. TRAN - Majority; 1st substitute bill be substituted, do pass.

  38. Executive action taken in the Senate Committee on Transportation at 1:30 PM.

  39. Scheduled for public hearing in the Senate Committee on Transportation at 04:00 PM

  40. Public hearing in the Senate Committee on Transportation at 4:00 PM.

  41. First reading, referred to Transportation.

Sponsors

Sponsorship breakdown

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1 sponsors · 13 co-sponsors · 137 not signed on · 1 voted No

Sponsors (1)

  • Hawkins

Co-sponsors (13)

Not signed on (137)

137 members have not signed on to this bill.

Show all 137 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading & Final Passage (#29)

Passed 48 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 18000
Republican 13000
Democrat 17100
Total 48100
% of votes cast 98%2%0%0%
How each member voted (49)
Member Party Vote
Billig — Yea
Brown — Yea
Carlyle — Yea
Das — Yea
Frockt — Yea
Hawkins — Yea
Honeyford — Yea
Keiser — Yea
Kuderer — Yea
Mullet — Yea
Padden — Yea
Randall — Yea
Rivers — Yea
Rolfes — Yea
Sefzik — Yea
Sheldon — Yea
Van De Wege — Yea
Wilson, L. — Yea
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Nay
Claire Wilson Democrat Yea
Derek Stanford Democrat Yea
Jamie Pedersen Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
John Lovick Democrat Yea
June Robinson Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Rebecca Saldaña Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Yea
Victoria Hunt Democrat Yea
Yasmin Trudeau Democrat Yea
Chris Gildon Republican Yea
Curtis King Republican Yea
Jeff Holy Republican Yea
Jeff Wilson Republican Yea
Jim McCune Republican Yea
John Braun Republican Yea
Judy Warnick Republican Yea
Keith Wagoner Republican Yea
Mark Schoesler Republican Yea
Perry Dozier Republican Yea
Phil Fortunato Republican Yea
Ron Muzzall Republican Yea
Shelly Short Republican Yea

Official roll call →

3rd Reading & Final Passage (#2)

Passed 47 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 19001
Republican 13000
Democrat 15100
Total 47101
% of votes cast 96%2%0%2%
How each member voted (49)
Member Party Vote
Billig — Yea
Brown — Yea
Carlyle — Yea
Darneille — Yea
Das — Yea
Ericksen — Not Voting
Frockt — Yea
Hawkins — Yea
Hobbs — Yea
Honeyford — Yea
Keiser — Yea
Kuderer — Yea
Mullet — Yea
Padden — Yea
Randall — Yea
Rivers — Yea
Rolfes — Yea
Sheldon — Yea
Van De Wege — Yea
Wilson, L. — Yea
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Nay
Claire Wilson Democrat Yea
Derek Stanford Democrat Yea
Jamie Pedersen Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
June Robinson Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Rebecca Saldaña Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Yea
Victoria Hunt Democrat Yea
Chris Gildon Republican Yea
Curtis King Republican Yea
Jeff Holy Republican Yea
Jeff Wilson Republican Yea
Jim McCune Republican Yea
John Braun Republican Yea
Judy Warnick Republican Yea
Keith Wagoner Republican Yea
Mark Schoesler Republican Yea
Perry Dozier Republican Yea
Phil Fortunato Republican Yea
Ron Muzzall Republican Yea
Shelly Short Republican Yea

Official roll call →

Subjects

public-safety transportation
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Frequently asked questions

Who sponsors SB 5406?
SB 5406 is sponsored by Victoria Hunt (Democrat), Jeff Wilson (Republican), Judy Warnick (Republican), Derek Stanford (Democrat), Shelly Short (Republican), Mark Schoesler (Republican), Rolfes, Honeyford, Hobbs, Phil Fortunato (Republican), Perry Dozier (Republican), Brown, Mullet, and Hawkins.
What is the current status of SB 5406?
This bill died with 2021-2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 5406?
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