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HB 351 DE
Passed One Chamber

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE REMOVAL OF MOTOR VEHICLES FROM PRIVATE OR PUBLIC PROPERTY BY PRIVATE TOW COMPANIES.

DE · session 152 · Assembly / House · bill

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Introduced Mar 19, 2024

Latest action (May 14, 2024) Assigned to Environment, Energy & Transportation Committee in Senate

Summary

This Act creates a new chapter in Title 21 pertaining to the towing of vehicles without the consent of the owner or operator. It makes violations of the chapter an unlawful practice enforceable by the Consumer Protection Unit of the Department of Justice. The Act creates the following requirements for the towing and storage of vehicles without the consent of the owner or operator: Photographic evidence must be taken to document the unauthorized parking of a vehicle before it can be towed. Tow companies and storage facilities must publicly display their rates. Towing and storage rates must be reasonable, with reasonableness calculated in relation to the fees imposed by the companies for consensual towing and storage or based on average rates in the county. A maximum total towing and storage rate of $500 is imposed. Tow companies must decouple or drop vehicles that have not been removed from parking areas if the owner returns before removal. The drop fee may not be more than 50% of the tow fee. Storage facilities must be open or accessible to the public from 8 a.m. to 6 p.m. five days a week, and tow companies must make reasonable accommodations to redeem vehicles after-hours. Individuals must be allowed to retrieve at no cost personal belongings from vehicles held in storage. Tow companies and storage facilities must accept credit cards. Where a tow is completed in violation of the chapter, the owner or operator is entitled to both reimbursement of the tow and storage fees as well as damages incurred to retrieve an illegally towed vehicle. Tow companies are liable for property damage sustained due to a non-consensual tow or storage. Tow companies may not patrol for illegally parked cars. Tow companies may not pay or give other benefits to obtain information about cars parked without authorization.

Sponsors (11)

Action history (11)

  1. Mar 19, 2024 Introduced and Assigned to Public Safety & Homeland Security Committee in House · lower
  2. Mar 26, 2024 Not Enough Signatures to Release · lower
  3. Apr 18, 2024 Amendment HA 1 to HB 351 - Introduced and Placed With Bill · lower
  4. Apr 23, 2024 Reported Out of Committee (Public Safety & Homeland Security) in House with 5 Favorable, 1 On Its Merits · lower
  5. May 14, 2024 Amendment HA 2 to HB 351 - Introduced and Placed With Bill · lower
  6. May 14, 2024 Amendment HA 1 to HB 351 - Stricken in House · lower
  7. May 14, 2024 Amendment HA 2 to HB 351 - Stricken in House · lower
  8. May 14, 2024 Amendment HA 3 to HB 351 - Passed In House by Voice Vote · lower
  9. May 14, 2024 Amendment HA 4 to HB 351 - Passed In House by Voice Vote · lower
  10. May 14, 2024 Passed By House. Votes: 24 YES 14 NO 3 ABSENT · lower
  11. May 14, 2024 Assigned to Environment, Energy & Transportation Committee in Senate · upper

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