Arizona 56th Legislature - Second Regular Session Status: Passed House

HB 2269 — towing companies; private towing; requirements

Last action — Senate Second Reading

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

This bill died with 56th Legislature - Second Regular Session. It reached “Passed House” 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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

138 added · 48 removed

Plain-language change summary

The latest version of House Bill 2269 includes changes that clarify the requirements for signage in private parking areas where towing is enforced. Notably, it now mandates that signs must be conspicuously visible to drivers and must outline specific details, such as parking restrictions and potential charges for violators. These updates are important because they ensure that drivers are adequately informed about parking rules, which helps prevent unexpected towing fees and promotes fair practices in private towing.

→
Previous
Latest
HOUSE FLOOR AMENDMENT EXPLANATION Bill Number:
House Engrossed towing companies;
HB 2269 Carter Floor Amendment The CARTER floor amendment:
private towing;
requirements State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session HOUSE BILL 2269 AN ACT AMENDING SECTION 9-499.05, ARIZONA REVISED STATUTES;
RELATED TO TOWING COMPANIES.
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - H.B.
2269 Be it enacted by the Legislature of the State of Arizona:
Section 1.
Section 9-499.05, Arizona Revised Statutes, is amended to read:
9-499.05.
Authority to set rates for private towing carrier;
notice of parking violations;
signage violation;
registration requirement;
civil penalties;
definition A.
The governing body of an incorporated city or town may regulate the maximum rate and charge for towing, transporting or impounding a motor vehicle from private property without the permission of the owner or operator of the vehicle by any private towing carriers doing business within its boundaries.
A private towing carrier is subject to the maximum rate and charge regulation prescribed by the city or town for all such towing, transporting or impounding services if the vehicle being towed or transported is towed from private property located within the boundaries of the city or town.
B.
The owner or agent of the owner of the private property shall be deemed to have given consent to unrestricted parking by the general public in any parking area of the private property unless such THE parking area is posted with signs as prescribed by this subsection which THAT are clearly visible and readable from any point within the parking area and at each entrance.
Such THE signs shall contain, at a minimum, MEET ALL OF the following REQUIREMENTS:
Removes the requirement that the minimum rate set by a city or town for towing, transporting or impounding a motor vehicle from private property not be below the state agencies' towing services agreement for towing and storage rates.
Restrictions on parking.
Reinstates the requirement that parking violation notice signage on private property lists the maximum cost to the violator, including storage fees and any other charges that could result from the deposition of a vehicle parked in violation of parking restrictions.
Disposition of vehicles found in violation of the parking restrictions.
Requires a private towing carrier to release a towed vehicle to the vehicle owner of record or agent of the owner if the owner or agent provides a government-issued photo identification and a hold harmless liability release from legal claims.
Maximum cost to the violator, including storage fees and any other charges that could result from the disposition of a vehicle parked in violation of parking restrictions.
Specifies that a private towing carrier must maintain on-hook and garage keepers insurance while in the business of towing vehicles from private property.
Telephone number and address where the violator can locate the violator's vehicle.
Amendment explanation prepared by J.
1.
Bassham Phone Number 65725 ls 1/30/2024 Fifty-sixth Legislature Carter Second Regular Session H.B.
BE CONSPICUOUSLY VISIBLE TO THE DRIVER OF A VEHICLE THAT PARKS ON THE PRIVATE PROPERTY.
2269 CARTER FLOOR AMENDMENT HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.
2.
2269 (Reference to printed bill) Page 1, line 12, after the period strike remainder of line Line 13, strike "AGENCIES' TOWING SERVICES AGREEMENT FOR TOWING AND STORAGE RATES." Page 2, between lines 3 and 4, insert:
BE CONSTRUCTED OF WEATHER RESISTANT MATERIALS.
"(d) THE MAXIMUM COST TO THE VIOLATOR, INCLUDING STORAGE FEES AND ANY OTHER CHARGES THAT COULD RESULT FROM THE DISPOSITION OF THE VEHICLE PARKED IN VIOLATION OF PARKING RESTRICTIONS." Line 31, after "RELEASE" insert "FROM LEGAL CLAIMS AND, IF APPLICABLE, PROOF OF A LIEN ON THE VEHICLE" Strike line 32 Reletter to conform Page 3, line 15, after "MAINTAIN" strike remainder of line.
3.
Strike line 16, insert "ON-HOOK AND GARAGE KEEPERS INSURANCE AT ALL TIMES WHILE ENGAGED IN THE BUSINESS OF TOWING VEHICLES FROM PRIVATE PROPERTY." Amend title to conform NEAL CARTER 2269FloorCARTER.docx 2/4/2024 5:10 PM C:
BE A MINIMUM OF TWELVE INCHES WIDE AND EIGHTEEN INCHES IN HEIGHT AND A MAXIMUM OF EIGHTEEN INCHES WIDE AND TWENTY-FOUR INCHES IN HEIGHT.
LAT
4.
BE LOCATED AT EACH AREA WHERE A VEHICLE MAY ENTER THE PRIVATE PROPERTY.
5.
BE PERMANENTLY MOUNTED ON A POST, POLE, WALL OR BE PERMANENTLY AFFIXED IN ANOTHER MANNER.
6.
CONTAIN THE FOLLOWING LANGUAGE:
(a) "UNAUTHORIZED VEHICLES WILL BE TOWED AT OWNER'S EXPENSE".
(b) REFERENCE SECTION 9-499.05, ARIZONA REVISED STATUTES.
- 1 - H.B.
2269 (c) A TELEPHONE NUMBER THAT IS MONITORED TWENTY-FOUR HOURS A DAY WHERE THE OWNER OR OPERATOR OF A TOWED VEHICLE MAY LOCATE THE TOWED VEHICLE.
Show all 92 changed rows (52 more)
Previous
Latest
(d) THE MAXIMUM COST TO THE VIOLATOR, INCLUDING STORAGE FEES AND ANY OTHER CHARGES THAT COULD RESULT FROM THE DISPOSITION OF THE VEHICLE PARKED IN VIOLATION OF PARKING RESTRICTIONS.
C.
It is unlawful for a private towing carrier to tow or transport a motor vehicle from private property without the permission of the owner or operator of the motor vehicle unless such THE private towing carrier receives a request from a law enforcement agency or the express written permission from the owner or the agent of the owner of the property that has complied with the requirements of subsection B OF THIS SECTION.
The owner or the owner's agent shall either sign each towing order or authorize the tow by a written contract which THAT is valid for a specific length of time.
The private towing carrier may not act as the agent of the owner.
D.
A person who violates subsection C is guilty of a class 2 misdemeanor.
D.
THE OWNER OF THE PRIVATE PROPERTY OR THE OWNER'S AGENT OR THE OPERATOR OF THE PRIVATE TOWING CARRIER SHALL TAKE PICTURES OF ALL SIDES OF THE VEHICLE THAT IS BEING TOWED BEFORE THE VEHICLE IS LOADED ON THE TOWING VEHICLE.
THE PICTURES SHALL BE MADE AVAILABLE TO THE OWNER OF THE VEHICLE OR AGENT OF THE OWNER WITHIN TWENTY-FOUR HOURS AFTER THE OWNER OR AGENT OF THE OWNER MAKES A REQUEST FOR THE PICTURES.
E.
NOTWITHSTANDING ANY OTHER LAW, A PRIVATE TOWING CARRIER SHALL RELEASE A TOWED VEHICLE TO THE OWNER OF RECORD OR THE AGENT OF THE OWNER.
THE OWNER OR AGENT OF THE OWNER SHALL PROVIDE BOTH OF THE FOLLOWING:
1.
A GOVERNMENT-ISSUED PHOTO IDENTIFICATION.
2.
ONE OF THE FOLLOWING:
(a) A VALID CERTIFICATE OF TITLE.
(b) PROOF OF CURRENT VEHICLE REGISTRATION, NOT INCLUDING A RESTRICTED USE THREE-DAY PERMIT.
(c) A REPOSSESSION AFFIDAVIT.
(d) A HOLD HARMLESS LIABILITY RELEASE FROM LEGAL CLAIMS AND, IF APPLICABLE, PROOF OF A LIEN ON THE VEHICLE.
(e) AN INSURANCE COMPANY REQUEST FOR RELEASE PURSUANT TO SECTION 28-4847.
(f) A CERTIFIED MOTOR VEHICLE RECORD.
(g) PROOF OF A SECURITY INTEREST OR OTHER FINANCIAL INTEREST IN THE VEHICLE THAT EXISTED AT THE TIME OF THE TOW.
F.
THE PRIVATE TOWING CARRIER MAY NOT REFUSE TO RELEASE A VEHICLE TO THE OWNER OR AGENT OF THE OWNER PURSUANT TO SUBSECTION E OF THIS SECTION SOLELY BECAUSE THE OWNER OR AGENT OF THE OWNER PRESENTS A GOVERNMENT-ISSUED PHOTO IDENTIFICATION THAT SHOWS A DIFFERENT ADDRESS THAN - 2 - H.B.
2269 THE ADDRESS SHOWN ON THE TITLE OR REGISTRATION RECORDS FOR THE TOWED VEHICLE.
G.
A PRIVATE TOWING CARRIER SHALL PROVIDE THE OWNER OF A TOWED VEHICLE OR THE AGENT OF THE OWNER WITH AN ITEMIZED RECEIPT FOR THE TOWING SERVICES.
ON REQUEST FROM THE OWNER OR THE AGENT OF THE OWNER, THE PRIVATE TOWING CARRIER SHALL PROVIDE A COPY OF THIS SECTION TO THE OWNER OR THE AGENT OF THE OWNER.
H.
A PRIVATE TOWING CARRIER THAT CHARGES A FEE THAT IS GREATER THAN THE FEE POSTED ON THE PRIVATE PROPERTY WHERE THE VEHICLE WAS TOWED MAY BE REQUIRED TO REIMBURSE THE OWNER OR AGENT OF THE OWNER FOR ANY CHARGES ABOVE AND BEYOND THE CHARGES POSTED ON THE PRIVATE PROPERTY WHERE THE VEHICLE WAS TOWED.
I.
A PRIVATE TOWING CARRIER THAT VIOLATES THIS SECTION IS LIABLE FOR A CIVIL PENALTY OF TWO TIMES THE TOWING FEES ASSESSED FOR THE REMOVAL OF THE VEHICLE.
J.
A PRIVATE TOWING CARRIER THAT IS ENGAGED IN THE BUSINESS OF TOWING VEHICLES FROM PRIVATE PROPERTY SHALL DO ALL OF THE FOLLOWING:
1.
REGISTER WITH THE DEPARTMENT OF PUBLIC SAFETY.
2.
MAINTAIN ON-HOOK AND GARAGE KEEPERS INSURANCE AT ALL TIMES WHILE ENGAGED IN THE BUSINESS OF TOWING VEHICLES FROM PRIVATE PROPERTY.
3.
PROVIDE PROOF OF THE INSURANCE REQUIRED PURSUANT TO PARAGRAPH 2 OF THIS SUBSECTION TO THE DEPARTMENT OF PUBLIC SAFETY.
E.
K.
This section shall apply APPLIES only to services performed while a person is actually engaged in the activities of a private towing carrier.
F.
L.
The provisions of This section do DOES not apply to abandoned or junk vehicles disposed of pursuant to title 28, chapter 11.
G.
M.
For the purposes of this section, "private towing carrier" means any person who THAT commercially offers services to tow, transport or impound motor vehicles from private property without the permission of the owner or operator of the vehicle by use of a truck or other vehicle designed for or adapted to that purpose.
- 3 -
⬇ Download PDF
View plain text versions (3)

Action History

  1. Senate Second Reading

  2. Senate First Reading

  3. Transmit to Senate

  4. PASSED

  5. DPA

  6. House Placed on Consent Calendar

  7. House Second Reading

  8. DP

  9. House First Reading.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 92 not signed on · 5 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (92)

92 members have not signed on to this bill.

Show all 92 →

"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

Passed

Passed 50 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 18001
Republican 21200
Unaffiliated 11304
Total 50505
% of votes cast 83%8%0%8%
How each member voted (60)
Member Party Vote
Jevin D Hodge — Yea
Amish Shah — Not Voting
Austin Smith — Yea
Barbara Parker — Nay
Ben Toma — Yea
Cory McGarr — Nay
David L. Cook — Yea
Jacqueline Parker — Nay
Jennifer Longdon — Not Voting
Jennifer Pawlik — Yea
Judy Schwiebert — Yea
Justin Heap — Yea
Keith Seaman — Not Voting
Laura Terech — Yea
Leezah Elsa Sun — Not Voting
Marcelino Quiñonez — Yea
Melody Hernandez — Yea
Travis W. Grantham — Yea
Alma Hernandez Democrat Yea
Analise Ortiz Democrat Yea
Betty J Villegas Democrat Yea
Cesar Aguilar Democrat Yea
Christopher Mathis Democrat Yea
Consuelo Hernandez Democrat Yea
Lorena Austin Democrat Yea
Lupe Contreras Democrat Yea
Lydia Hernandez Democrat Yea
Mae Peshlakai Democrat Yea
Mariana Sandoval Democrat Yea
Myron Tsosie Democrat Yea
Nancy Gutierrez Democrat Yea
Oscar De Los Santos Democrat Yea
Patty Contreras Democrat Yea
Quantá Crews Democrat Yea
Seth Blattman Democrat Yea
Stacey Travers Democrat Not Voting
Stephanie Stahl Hamilton Democrat Yea
Alexander Kolodin Republican Yea
Beverly Pingerelli Republican Nay
David Livingston Republican Yea
David Marshall, Sr. Republican Yea
Gail Griffin Republican Yea
John Gillette Republican Yea
Joseph Chaplik Republican Yea
Julie Willoughby Republican Yea
Justin Wilmeth Republican Yea
Kevin Payne Republican Yea
Laurin Hendrix Republican Nay
Leo Biasiucci Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Yea
Michael Carbone Republican Yea
Michele Peña Republican Yea
Neal Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Yea
Selina Bliss Republican Yea
Steve Montenegro Republican Yea
Teresa Martinez Republican Yea
Timothy "Tim" Dunn Republican Yea

Official roll call →

Subjects

public-safety transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 2269?
HB 2269 is sponsored by David L. Cook.
What is the current status of HB 2269?
This bill died with 56th Legislature - Second Regular Session. It reached “Passed House” 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 HB 2269?
Track HB 2269 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 2269

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 2269

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →