Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1560
4
5 By: Representative Watson
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7 For An Act To Be Entitled
8 AN ACT TO AMEND THE LAW CONCERNING THE REMOVAL OR
9 IMMOBILIZATION OF UNATTENDED OR ABANDONED VEHICLES;
10 AND FOR OTHER PURPOSES.
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12
13 Subtitle
14 TO AMEND THE LAW CONCERNING THE REMOVAL
15 OR IMMOBILIZATION OF UNATTENDED OR
16 ABANDONED VEHICLES.
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19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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21 SECTION 1. Arkansas Code 27-50-1201(a)(1), concerning the
22 applicability of the subchapter concerning the removal of immobilization of
23 unattended or abandoned vehicles, is amended to read as follows:
24 (1) Engages in the towing or storage of vehicles in the State of
25 Arkansas and is hired to tow or store the vehicle; or
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27 SECTION 2. Arkansas Code 27-50-1201(b), concerning a list of those
28 vehicles to which this subchapter does not apply, is amended to add an
29 additional subdivision to read as follows:
30 (4) Tow vehicles used for noncommercial purposes, including
31 without limitation tow vehicles used:
32 (A) For personal use;
33 (B) For transporting historic, special interest, or
34 antique vehicles; or
35 (C) As parade tow vehicles.
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1 SECTION 3. Arkansas Code 27-50-1202(2), concerning the definition of
2 "consent", is amended to read as follows:
3 (2)(A) Consent means towing, storage, or recovery of a
4 vehicle, which towing, storage, or recovery is done with the permission of
5 the owner or other person in charge of the vehicle;.
6 (B) "Consent" does not include the repossession of a
7 vehicle by the vehicle lienholder, agent, or other person working on behalf
8 of the lienholder.
9
10 SECTION 4. Arkansas Code 27-50-1202(10), concerning the definition
11 of "tow business" or "towing business", is amended to read as follows:
12 (10) Tow business or towing business means a corporation or
13 a business entity with an alternate DBA name, filed with the Secretary of
14 State and regulated by the board to be used exclusively for the operation of
15 a tow facility, vehicle immobilization company, or a storage facility,
16 including without limitation a business that:
17 (A) Dispatches tow vehicles for nonconsent towing or
18 consent towing and repossession;
19 (B) Stores vehicles; and
20 (C) Conducts business with the general public;
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22 SECTION 5. Arkansas Code 27-50-1202, concerning the definitions of
23 terms used in the removal or immobilization of unattended or abandoned
24 vehicles, is amended to add an additional subdivision read as follows:
25 (16) "Repossession" means towing, storage, or recovery of a
26 vehicle by the vehicle lienholder, agent, or other person working on behalf
27 of the lienholder.
28
29 SECTION 6. Arkansas Code 27-50-1203(a)(2), concerning the membership
30 of the Arkansas Towing and Recovery Board, is amended to read as follows:
31 (2)(A) Four (4) Five (5) members shall be appointed from the
32 towing industry and shall be:
33 (i) Licensed by the board to engage in nonconsent
34 towing; and
35 (ii) Appointed from the state at large.
36 (B) Two (2) members One (1) member who are is permitted to
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1 engage in the consent-only business repossession of vehicles using a tow
2 vehicle shall be appointed from the state at large.
3 (C) Two (2) members who are not associated with the towing
4 industry shall be appointed from the state at large.
5 (D) One (1) member shall be appointed from the insurance
6 industry.
7
8 SECTION 7. Arkansas Code 27-50-1203(b)(2)(B), concerning the
9 composition of the Arkansas Towing and Recovery Board, is amended to read as
10 follows:
11 (B) A member appointed under subdivision (a)(2)(B) of this
12 section shall remain be engaged in the business of vehicle repossession using
13 a tow vehicle of consent-only towing.
14
15 SECTION 8. Arkansas Code 27-50-1203(e)(1)(J)(i), concerning the
16 authority of the Arkansas Towing and Recovery Board to promulgate rules, is
17 amended to read as follows:
18 (J)(i) The board shall set Setting a minimum standard for
19 the structure of the place of business and storage facility located in
20 Arkansas and utilized for the daily operation of a towing company licensed
21 and regulated under this subsection.
22
23 SECTION 9. Arkansas Code 27-50-1203(e)(1), concerning the authority
24 of the Arkansas Towing and Recovery Board to promulgate rules, is amended to
25 add additional subdivisions to read as follows:
26 (K) Adopting rules for the:
27 (i) Registration of a person engaged in a consent
28 only towing business;
29 (ii) Issuance of a certificate of registration
30 required under 27-50-1203(f)(1)(A)(iii) of this section; and
31 (iii) The denial, revocation, or suspension of a
32 license or permit issued under this subchapter.
33
34 SECTION 10. Arkansas Code 27-50-1203(f)(1)(A), concerning allowable
35 changes by the Arkansas Towing and Recovery Board, is amended to read as
36 follows:
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1 (f)(1)(A) The board may charge:
2 (i) Towing business license, repossession towing
3 license, and vehicle immobilization service license fees not to exceed two
4 hundred dollars ($200) per license; and
5 (ii) A fee not to exceed one hundred dollars ($100)
6 per tow vehicle safety permit; and
7 (iii) A fee for a certificate of registration for
8 consent towing not to exceed twenty-five dollars ($25.00).
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Statutes affected:
HB 1560: 27-50-1201(a), 27-50-1201(b), 27-50-1202(2), 27-50-1202(10), 27-50-1202, 27-50-1203(a), 27-50-1203(b), 27-50-1203(e), 27-50-1203(f)