HB 1036 — Concerning business practices of registered tow truck operators by authorizing electronic records creation and storage.

H-1048.1SUBSTITUTEH-0104.2HOUSE HOUSE BILL 1036State of Washington65th Legislature2017 Regular SessionBy House Transportation (originally sponsored by Representatives Harmsworth, Kirby, Short, and Muri)READMuriPrefiled FIRST12/13/16. TIME 02/13/17.AN ACT Relating to business practices of registered tow truck operators by authorizing electronic records creation and storage;

andRead amendingfirst RCWtime 46.55.15001/09/17. and 46.55.160.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec. 1.  RCW 46.55.150 and 1989 c 111 s 14 are each amended to read as follows:(1) The registered tow truck operator shall keep a transaction file on each vehicle, which shall be kept for a minimum of three years.

TheReferred transaction file shall contain as a minimum those of the following items that are required at the time the vehicle is redeemed or becomes abandoned and is sold at a public auction:(((1))) (a) A signed impoundment authorization as required by RCW 46.55.080;(((2))) (b) A record of the twenty-four hour written impound notice to aCommittee lawon enforcementTransportation.AN agency;(((3)))ACT (c)Relating A copy of the impoundment notification to registeredbusiness andpractices legal owners, sent within twenty-four hours of impoundment, that advises the owners of the address of the impounding firm, a twenty-four hour telephone number, and the name of the person or agency under whose authority the vehicle was impounded;(((4))) (d) A copy of the abandoned vehicle report that was sent to and returned by the department;(((5))) (e) A copy and proof of mailing of the notice of custody and sale sent by the registered tow truck operatoroperators toby theauthorizing ownerselectronic advisingrecords themcreation they have fifteen days to redeem the vehicle before it is sold at public auction;(((6))) (f) A copy of the published notice of public auction;(((7))) (g) A copy of the affidavit of sale showing the sales date, purchaser, amount of the lien, and salestorage; price;(((8))) (h) A record of the two highest bid offers on the vehicle, with the names, addresses, and telephone numbers of the two bidders;(((9))) (i) A copy of the notice of opportunity for hearing given to those who redeem vehicles;(((10))) (j) An itemized invoice of charges against the vehicle.((The transaction file shall be kept for a minimum of three years.))(2)(a) The transaction file kept under subsection (1) of this section may be created and stored electronically.

Ifand theamending towRCW truck46.55.150 operatorand elects46.55.160.BE toIT storeENACTED recordsBY electronically,THE theLEGISLATURE methodOF ofTHE electronicSTATE recordsOF storageWASHINGTON:Sec. 1.  RCW 46.55.150 and 1989 c 111 s 14 are each amended to read as follows:The registered tow truck operator shall utilizekeep softwarea developedtransaction forfile thaton businesseach purpose.vehicle.

ThisThe methodtransaction offile storage may includebe thecreated use of cloud storage or another acceptable method that makes storage, retrieval, and accessstored toelectronically. the records reliable and available during normal business hours for audit or inspection by the department of licensing, the Washington state patrol, or any law enforcement agency with jurisdiction.(b) Any electronic record created for each tow transaction must be maintained in an electronic folder labeled with the date the towing service was performed.

The electronictransaction foldersfile mustshall contain as a minimum those of the following items that are required at the time the vehicle is redeemed or becomes abandoned and is sold at a public auction:(1) A signed impoundment authorization as required by RCW 46.55.080;(2) A record of the twenty-four hour written impound notice to a law enforcement agency;(3) A copy of the impoundment notification to registered and legal owners, sent within twenty-four hours of impoundment, that advises the owners of the address of the impounding firm, a twenty-four hour telephone number, and the name of the person or agency under whose authority the vehicle was impounded;(4) A copy of the abandoned vehicle report that was sent to and returned by the department;(5) A copy and proof of mailing of the notice of custody and sale sent by the registered tow truck operator to the owners advising them they have fifteen days to redeem the vehicle before it is sold at public auction;(6) A copy of the published notice of public auction;(7) A copy of the affidavit of sale showing the sales date, purchaser, amount of the lien, and sale price;(8) A record of the two highest bid offers on the vehicle, with the names, addresses, and telephone numbers of the two bidders;(9) A copy of the notice of opportunity for hearing given to those who redeem vehicles;(10) An itemized invoice of charges against the vehicle.The transaction file shall be maintainedkept infor chronologicala order.Sec. 2.  RCWminimum of three years.Sec. 2.  RCW 46.55.160 and 1985 c 377 s 16 are each amended to read as follows:Records, including any electronic records, equipment, and facilities of a registered tow truck operator shall be available during normal business hours for audit or inspection by the department of licensing, the Washington state patrol, or any law enforcement agency having jurisdiction.--- END ---