Arkansas 2025 Regular Session

Arkansas House Bill HB1897 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
2	2	ZRC094 03/26/2025 3:37:36 PM ZRC094
3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 HOUSE BILL 1897 3
6	6	4
7	7	By: Representative Painter 5
8	8	By: Senator K. Hammer 6
9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO CREATE THE ARKANSAS TOWING AND RECOVERY 9
12	12	REFORM AND EFFICIENCY ACT OF 2025; TO AMEND THE LAW 10
13	13	CONCERNING THE ARKANSAS TOWING AND RECOVERY BOARD; TO 11
14	14	AMEND THE PENALTIES FOR PREDATORY TOWING AND 12
15	15	EXCESSIVE PRICING; TO AMEND THE CONSUMER COMPLAINT 13
16	16	PROCESS ADMINISTERED BY THE ARKANSAS TOWING AND 14
17	17	RECOVERY BOARD; TO AMEND THE QUALIFICATIONS AND 15
18	18	MEMBERSHIP OF THE ARKANSAS TOWING AND RECOVERY BOARD; 16
19	19	TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. 17
20	20	18
21	21	19
22	22	Subtitle 20
23	23	TO CREATE THE ARKANSAS TOWING AND 21
24	24	RECOVERY REFORM AND EFFICIENCY ACT OF 22
25	25	2025; TO AMEND THE LAW CONCERNING THE 23
26	26	ARKANSAS TOWING AND RECOVERY BOARD; AND 24
27	27	TO DECLARE AN EMERGENCY. 25
28	28	26
29	29	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 27
30	30	28
31	31	SECTION 1. DO NOT CODIFY. Title. 29
32	32	This act shall be known and may be cited as the "Arkansas Towing and 30
33	33	Recovery Reform and Efficiency Act of 2025”. 31
34	34	32
35	35	SECTION 2. DO NOT CODIFY. Legislative findings and intent. 33
36	36	(a) The General Assembly finds that enacting towing industry reforms 34
37	37	designed to prevent predatory towing and excessive pricing, revising the 35
38	38	qualifications and membership of the Arkansas Towing and Recovery Board, and 36 HB1897
39	39
40	40	2 03/26/2025 3:37:36 PM ZRC094
41	41	designating and delineating additional duties of the board will improve 1
42	42	towing industry regulation and enforcement, support the mission of the board, 2
43	43	and provide increased statewide efficiency to state and local law 3
44	44	enforcement. 4
45	45	(b) The General Assembly intends for this act to protect consumers and 5
46	46	businesses by improving towing and recovery regulation and enforcement, 6
47	47	providing enhanced enforcement for towing industry malfeasance, and revising 7
48	48	the makeup of the board to decrease the influence of active market 8
49	49	participants, thereby enabling the board to more fairly and efficiently 9
50	50	perform the duties and obligations of the board. 10
51	51	11
52	52	SECTION 3. Arkansas Code § 27 -50-1101(a)(1)(A), concerning the 12
53	53	nonconsensual towing of a vehicle, implement, or a piece of machinery, is 13
54	54	amended to read as follows: 14
55	55	(a)(1)(A)(i)(a) When a vehicle of a type subject to registration under 15
56	56	the laws of this state, an implement, or a piece of machinery is found to be 16
57	57	an abandoned vehicle on private or public property within this state or is 17
58	58	parked on private or public property within this state without the 18
59	59	authorization of the property owners or other persons controlling the 19
60	60	property, the property owner or his or her agent may have the vehicle, 20
61	61	implement, or piece of machinery removed from the property by a towing and 21
62	62	storage firm licensed by and subject to the rules of the Arkansas Towing and 22
63	63	Recovery Board. 23
64	64	(b) As used in this section, “abandoned 24
65	65	vehicle” means a vehicle, implement, or piece of machinery: 25
66	66	(1) To which the owner has overtly 26
67	67	manifested the intention not to retake possession; or 27
68	68	(2) That meets the definition of an 28
69	69	“unattended vehicle” under § 27 -50-1202. 29
70	70	(ii) This section does not authorize an individual 30
71	71	or an entity to: 31
72	72	(a) Employ a device, artifice, or scheme to 32
73	73	self-authorize towing or otherwise engage in predatory towing, including 33
74	74	without limitation by: 34
75	75	(1) Obtaining employment from an 35
76	76	affiliated or associated lessee, property manager, or other agent of the 36 HB1897
77	77
78	78	3 03/26/2025 3:37:36 PM ZRC094
79	79	property owner to perform towing or storage services; 1
80	80	(2) Forging, backdating, falsifying, or 2
81	81	failing to maintain the documentation required under this section; or 3
82	82	(3) Using any other device or 4
83	83	arrangement to obtain a financial or other benefit from the employment of 5
84	84	towing or storage services by an affiliated or associated individual or 6
85	85	entity. 7
86	86	(b) Except as provided under this section or § 8
87	87	27-50-1201 et seq. or as directed by a law enforcement officer, boot or tow a 9
88	88	vehicle, implement, or piece of machinery that is not an abandoned vehicle or 10
89	89	is not immobile and unattended. 11
90	90	12
91	91	SECTION 4. Arkansas Code § 27 -50-1101(a)(1)(C), concerning the 13
92	92	nonconsensual towing of a vehicle, implement, or piece of machinery, is 14
93	93	amended to read as follows: 15
94	94	(C) Prior Subject to subdivision (a)(1)(A) of this section, 16
95	95	prior to the removal of an abandoned vehicle, implement, or piece of 17
96	96	machinery or a vehicle, implement, or piece of machinery parked without 18
97	97	authority as provided by this section, the towing and storage firm shall 19
98	98	obtain in writing from the property owner or agent a written statement that 20
99	99	includes at a minimum the following: 21
100	100	(i) Identification of the property owner or agent, 22
101	101	including name, address, and telephone number; 23
102	102	(ii) A statement that the property from which the 24
103	103	vehicle, implement, or piece of machinery is to be removed is property owned 25
104	104	or otherwise under the control of the agent requesting the removal; 26
105	105	(iii) That the vehicle, implement, or piece of 27
106	106	machinery is deemed to be an abandoned vehicle or has been parked on the 28
107	107	property without authorization, as the case may be; 29
108	108	(iv) The make, model, and vehicle identification 30
109	109	number or serial number of the vehicle, implement, or piece of machinery to 31
110	110	be removed; 32
111	111	(v) The location to which the vehicle, implement, or 33
112	112	piece of machinery will be removed, including the name, address, and 34
113	113	telephone number of the towing and storage firm removing the vehicle, 35
114	114	implement, or piece of machinery; and 36 HB1897
115	115
116	116	4 03/26/2025 3:37:36 PM ZRC094
117	117	(vi) The signature of the property owner or agent 1
118	118	requesting removal of the vehicle, implement, or piece of machinery. 2
119	119	3
120	120	SECTION 5. Arkansas Code § 27 -50-1101(a)(1)(F)—(H), concerning the 4
121	121	nonconsensual towing of a vehicle, implement, or piece of machinery, are 5
122	122	amended to read as follows: 6
123	123	(F) Unless other arrangements have been made with a repair 7
124	124	business, a vehicle, implement, or piece of machinery on the premises of a 8
125	125	repair business shall be deemed to be an abandoned vehicle if either: 9
126	126	(i) The vehicle, implement, or piece of machinery is 10
127	127	unclaimed by the owner within forty -five (45) days; or 11
128	128	(ii) The debt is not paid within forty -five (45) 12
129	129	days from the time the repair work is complete. 13
130	130	(G) A towing and storage firm shall not remove any 14
131	131	abandoned vehicle, implement, or piece of machinery or improperly parked 15
132	132	vehicle, implement, or piece of machinery without the authorization of the 16
133	133	property owner or on -site agent as provided in this section except as may 17
134	134	otherwise be authorized by the provisions of § 27 -50-1201 et seq. or as 18
135	135	directed by any law enforcement officer. 19
136	136	(H) A towing and storage firm removing a vehicle, 20
137	137	implement, or piece of machinery as provided by this section shall not pay 21
138	138	any compensation or provide a financial or other benefit related to the 22
139	139	removal of the vehicle, implement, or piece of machinery, whether as a 23
140	140	referral fee or otherwise, to the owner or agent requesting the removal of 24
141	141	the vehicle, implement, or piece of machinery. 25
142	142	26
143	143	SECTION 6. Arkansas Code § 27 -50-1101(a)(2)(E), concerning the 27
144	144	nonconsensual towing of an abandoned vehicle, is amended to read as follows: 28
145	145	(E)(i) In the event that readily available records fail to 29
146	146	disclose the name of the owner of the vehicle, implement, or piece of 30
147	147	machinery or any lienholder of record, the towing and storage firm shall 31
148	148	perform a good faith search to locate documents or other evidence of 32
149	149	ownership and lienholder information on or within the abandoned vehicle or 33
150	150	unattended or abandoned vehicle, implement, or piece of machinery. 34
151	151	(ii) For purposes of this subdivision (a)(2)(E), a 35
152	152	“good faith search” means that the towing and storage firm checks the 36 HB1897
153	153
154	154	5 03/26/2025 3:37:36 PM ZRC094
155	155	abandoned vehicle or unattended or abandoned vehicle, implement, or piece of 1
156	156	machinery for any type of license plate, license plate record, temporary 2
157	157	permit, inspection sticker, decal, or other evidence that indicates a 3
158	158	possible state of registration and title or other information related to the 4
159	159	owner. 5
160	160	6
161	161	SECTION 7. Arkansas Code § 27 -50-1101(a)(3)(B), concerning the 7
162	162	nonconsensual towing of an abandoned vehicle, is amended to read as follows: 8
163	163	(B)(i) The following procedures for the sale of an 9
164	164	abandoned vehicle or and unattended vehicle that is removed from a property 10
165	165	as provided under §§ 27 -50-1208 — 27-50-1210 shall apply in the same manner 11
166	166	to an abandoned and unattended implement or piece of machinery regardless of 12
167	167	whether the abandoned vehicle is a vehicle, implement, or piece of machinery : 13
168	168	(a) Possession of the implement or piece of 14
169	169	machinery; 15
170	170	(b) Notice to owners and lienholders; and 16
171	171	(c) Procedures for sale. 17
172	172	(ii) The towing and storage company shall have a 18
173	173	first priority possessory lien on the implement or piece of machinery and its 19
174	174	contents for all reasonable charges for towing, recovery, and storage subject 20
175	175	to the limits provided by ordinance if one is in effect. 21
176	176	(iii) Except as provided under subdivision 22
177	177	(a)(3)(B)(iv) of this section, the lien against the implement or piece of 23
178	178	machinery shall be perfected and all of the procedures related to the 24
179	179	implement or piece of machinery shall be handled in the same manner as 25
180	180	provided under § 27-50-1208(b)-(e) for abandoned and unattended vehicles an 26
181	181	abandoned or unattended vehicle . 27
182	182	(iv) If information on the owner or owners of an 28
183	183	implement or piece of machinery that is in the possession of a towing and 29
184	184	storage company is not available under subdivisions (a)(2)(D) and (E) of this 30
185	185	section, the towing and storage company shall provide notice by publication 31
186	186	in a newspaper of general circulation in the region from where the implement 32
187	187	or piece of machinery was removed and posting on the website that is 33
188	188	sponsored and managed by the Arkansas Towing and Recovery Board board for 34
189	189	that purpose within three (3) business days after the date that the towing 35
190	190	and storage company received the implement or piece of machinery . 36 HB1897
191	191
192	192	6 03/26/2025 3:37:36 PM ZRC094
193	193	1
194	194	SECTION 8. Arkansas Code § 27 -50-1101(c), concerning the nonconsensual 2
195	195	towing of a vehicle, implement, or piece of machinery, is amended to read as 3
196	196	follows: 4
197	197	(c)(1) It shall be unlawful for a person to: 5
198	198	(A) Direct the removal of or to remove a vehicle, 6
199	199	implement, or piece of machinery in violation of this section; and or 7
200	200	(B) Violate or aid or abet any violation of this section. 8
201	201	(2)(A) A person who pleads guilty or nolo contendere to or is 9
202	202	found guilty of any violation of this section is guilty of a Class B 10
203	203	misdemeanor. 11
204	204	(B)(i)(a) The information related to a plea of guilty or 12
205	205	nolo contendere to or conviction for a violation as provided under 13
206	206	subdivision (c)(2)(A) of this section shall be reported to the board. 14
207	207	(b) Upon receipt of information under 15
208	208	subdivision (c)(2)(B)(i)(a) of this section, the board, without notice or a 16
209	209	hearing, shall: 17
210	210	(1) Suspend the license of the towing 18
211	211	and storage company that employs the person or of which the person is an 19
212	212	officer, director, member, or manager for a period of thirty (30) days; and 20
213	213	(2) Place the towing and storage company 21
214	214	on probation for a period of one (1) year. 22
215	215	(ii) If a towing and storage company or an officer, 23
216	216	director, member, or manager of a towing and storage company pleads guilty or 24
217	217	nolo contendere to or is found guilty of a violation of this section or of § 25
218	218	27-50-1201 et seq. at any time during the probation period provided under 26
219	219	subdivision (c)(2)(B)(i)(b) of this section, the board, without notice or a 27
220	220	hearing, shall: 28
221	221	(a) Suspend the license of the towing and 29
222	222	storage company for a period of sixty (60) days; and 30
223	223	(b) Place the towing and storage company on 31
224	224	probation for an additional one (1) year from the end of the previous 32
225	225	probation period. 33
226	226	(iii)(a) If a towing and storage company or an 34
227	227	officer, director, member, or manager of a towing and storage company pleads 35
228	228	guilty or nolo contendere to or is found guilty of a subsequent violation of 36 HB1897
229	229
230	230	7 03/26/2025 3:37:36 PM ZRC094
231	231	this section or of § 27 -50-1201 et seq. during the remainder of the initial 1
232	232	probation period provided under subdivision (c)(2)(B)(i)(b) of this section 2
233	233	or the additional probation period provided under (c)(2)(B)(ii)(b) of this 3
234	234	section, the board, without notice or hearing, shall revoke the towing and 4
235	235	storage company's license for a period of one (1) year. 5
236	236	(b) At any time after the revocation period 6
237	237	provided under (c)(2)(B)(iii)(a) of this section the tow company may petition 7
238	238	the board for licensure. 8
239	239	(3) The removal of each vehicle, implement, or piece of 9
240	240	machinery in violation of this section shall constitute a distinct and 10
241	241	separate offense. 11
242	242	(4) A violation of this section is a deceptive and 12
243	243	unconscionable trade practice under § 4 -88-107 and may be prosecuted 13
244	244	criminally and civilly under the Deceptive Trade Practices Act, § 4 -88-101 et 14
245	245	seq. 15
246	246	(5) In addition to any other remedy provided by this section, a 16
247	247	person injured as a result of a violation of this section may maintain a 17
248	248	private right of action for injunctive relief and to recover actual damages, 18
249	249	compensatory damages, punitive damages, and reasonable attorney's fees for 19
250	250	the violation. 20
251	251	21
252	252	SECTION 9. Arkansas Code § 27 -50-1202(11), concerning definitions 22
253	253	related to the removal or immobilization of unattended or abandoned vehicles, 23
254	254	is amended to read as follows: 24
255	255	(11) “Tow business” or “towing business” means : a 25
256	256	(A) A corporation or a business entity with an alternate 26
257	257	DBA name, filed with the Secretary of State and regulated by the board to be 27
258	258	used exclusively for the operation of a tow facility, vehicle immobilization 28
259	259	company, or a storage facility, including without limitation a business that: 29
260	260	(A)(i) Dispatches tow vehicles for nonconsent towing 30
261	261	or repossession; 31
262	262	(B)(ii) Stores vehicles; and 32
263	263	(C)(iii) Conducts business with the general public; 33
264	264	or 34
265	265	(B) A licensed or unlicensed person that engages in towing 35
266	266	services; 36 HB1897
267	267
268	268	8 03/26/2025 3:37:36 PM ZRC094
269	269	1
270	270	SECTION 10. Arkansas Code § 27 -50-1202(15) and (16), concerning 2
271	271	definitions related to the removal or immobilization of unattended or 3
272	272	abandoned vehicles, are amended to read as follows: 4
273	273	(15) “Vehicle immobilization service” means a person operating 5
274	274	or directing others to operate a wheel clamp or other industry-recognized 6
275	275	device approved by the board that is used to temporarily render a vehicle 7
276	276	immobile; and 8
277	277	(16)(A) “Wheel clamp” means a device attached to a wheel of a 9
278	278	vehicle that renders the vehicle immobile. 10
279	279	(B) “Wheel clamp” does not include a gladhand lock; 11
280	280	12
281	281	SECTION 11. Arkansas Code § 27-50-1202, concerning definitions related 13
282	282	to the removal or immobilization of unattended or abandoned vehicles, is 14
283	283	amended to add additional subdivisions to read as follows: 15
284	284	(17) “Cargo” means goods and materials transported by a motor 16
285	285	carrier, as defined under 49 C.F.R. § 390.5, as it existed on January 1, 17
286	286	2025, including without limitation : 18
287	287	(A) A pallet; 19
288	288	(B) A container; 20
289	289	(C) Bracing; 21
290	290	(D) An air pillow; 22
291	291	(E) A tie-down assembly or other securement system; 23
292	292	(F) A cradle; 24
293	293	(G) A chock; and 25
294	294	(H) Any other dunnage or packing; and 26
295	295	(18)(A) “Towing services” means to tow, recover, upright, 27
296	296	transport, repossess, immobilize, store, or otherwise facilitate the movement 28
297	297	or storage of vehicles on or off of a road, street, or highway. 29
298	298	(B) “Towing services” includes the solicitation of towing 30
299	299	services and the incidental labor, services, and equipment necessary for on -31
300	300	road or off-road recovery and cleanup for work actually performed by the tow 32
301	301	business. 33
302	302	34
303	303	SECTION 12. Arkansas Code § 27 -50-1203(a) and (b), concerning the 35
304	304	creation of the Arkansas Towing and Recovery Board, are amended to read as 36 HB1897
305	305
306	306	9 03/26/2025 3:37:36 PM ZRC094
307	307	follows: 1
308	308	(a)(1) There is hereby created the Arkansas Towing and Recovery Board 2
309	309	consisting of nine (9) members appointed by the Governor and confirmed by the 3
310	310	Senate, who shall serve terms of three (3) years. 4
311	311	(2)(A) Five (5) members shall be appointed from the towing 5
312	312	industry and shall be: Three (3) members shall be actively engaged in 6
313	313	business in the towing industry, licensed by the board, and appointed from 7
314	314	the state at large 8
315	315	(i) Licensed by the board to engage in nonconsent 9
316	316	towing; and 10
317	317	(ii) Appointed from the state at large . 11
318	318	(B) One (1) member who is permitted to engage in 12
319	319	repossession of vehicles using a tow vehicle shall be appointed from the 13
320	320	state at large shall be the Director of the Division of the Arkansas State 14
321	321	Police or his or her designee . 15
322	322	(C)(i) Two (2) members who are not associated with the 16
323	323	towing industry shall be appointed from the state at large One (1) member 17
324	324	shall be a current or former municipal chief of police or current or former 18
325	325	county sheriff with knowledge of the towing industry; and 19
326	326	(ii) A member appointed under subdivision 20
327	327	(a)(2)(C)(i) may designate a member of his or her staff with knowledge of the 21
328	328	towing industry to act on his or her behalf at any meeting of the board . 22
329	329	(D) One (1) member shall be appointed from the commercial 23
330	330	trucking insurance industry. 24
331	331	(E) One (1) member shall be appointed from the trucking 25
332	332	industry. 26
333	333	(F) One (1) member shall have no affiliation with the 27
334	334	towing industry and shall serve as a representative of consumers of towing 28
335	335	services. 29
336	336	(G) One (1) member shall be a currently employed or 30
337	337	retired person with at least five (5) years of experience responding to fire 31
338	338	and emergency response incidents. 32
339	339	(b)(1) The appointed board members shall be residents of the State of 33
340	340	Arkansas at the time of appointment and throughout their terms. 34
341	341	(2)(A) A member appointed under subdivision (a)(2)(A) of this 35
342	342	section shall remain licensed and engaged in the business of nonconsent 36 HB1897
343	343
344	344	10 03/26/2025 3:37:36 PM ZRC094
345	345	towing. 1
346	346	(B) A member appointed under subdivision (a)(2)(B) of this 2
347	347	section shall be engaged in the business of vehicle repossession using a tow 3
348	348	vehicle. 4
349	349	(C) A member appointed under subdivision (a)(2)(D) of this 5
350	350	section shall remain actively engaged in the insurance industry. 6
351	351	(D) A member appointed under subdivision (a)(2)(A) , 7
352	352	subdivision (a)(2)(B), or subdivision (a)(2)(D) of this section who no longer 8
353	353	satisfies the requirements for his or her board position under subdivision 9
354	354	(b)(2)(A), subdivision (b)(2)(B), or subdivision (b)(2)(C) of this section 10
355	355	shall: 11
356	356	(i) Provide notification of his or her change of 12
357	357	status to the Governor and the Director of the Arkansas Towing and Recovery 13
358	358	Board. 14
359	359	(ii) Resign from the board within thirty (30) days 15
360	360	of the date upon which the member no longer satisfies the requirements of 16
361	361	subdivision (b)(2)(A), subdivision (b)(2)(B), or subdivision (b)(2)(C) of 17
362	362	this section immediately. 18
363	363	19
364	364	SECTION 13. Arkansas Code § 27 -50-1203(e), concerning the promulgation 20
365	365	of rules by the Arkansas Towing and Recovery Board, is amended to read as 21
366	366	follows: 22
367	367	(e)(1) The board shall may promulgate rules to carry out the intent of 23
368	368	this subchapter and shall regulate the towing industry and vehicle 24
369	369	immobilization service industry, including without limitation: 25
370	370	(A) Establishing reasonable licensing, insurance, and 26
371	371	equipment requirements for any person engaging in towing and related services 27
372	372	for safety purposes or vehicle immobilization services under this subchapter; 28
373	373	(B) Establishing reasonable tow truck safety requirements 29
374	374	for any tow vehicle as defined in this subchapter; 30
375	375	(C) Establishing a procedure to accept and investigate 31
376	376	complaints from a consumer who claims that he or she has been overcharged for 32
377	377	fees related to nonconsent towing, recovery, storage, or vehicle 33
378	378	immobilization services; 34
379	379	(D) Determining and sanctioning excessive or unnecessary 35
380	380	fees charged to consumers related to nonconsent towing, recovery, storage, or 36 HB1897
381	381
382	382	11 03/26/2025 3:37:36 PM ZRC094
383	383	vehicle immobilization services; 1
384	384	(E) Requiring all entities permitted, licensed, or 2
385	385	regulated under this subchapter to provide to the board all documents in 3
386	386	response to information requests by the board pursuant to the investigation 4
387	387	of consumer complaints or board complaints against the permittee or licensee; 5
388	388	(F) Requiring all entities permitted, licensed, or 6
389	389	regulated under this subchapter to provide itemized billing for fees related 7
390	390	to towing, storage, or vehicle immobilization services that explains how the 8
391	391	charges were calculated; 9
392	392	(G) Requiring all entities permitted, licensed, or 10
393	393	regulated under this subchapter to maintain a copy of their current maximum 11
394	394	rate schedule or fee schedule posted in a conspicuous place and readily 12
395	395	accessible to the public; 13
396	396	(H) Requiring all entities permitted, licensed, or 14
397	397	regulated under this subchapter to allow the owner or agent of the owner of a 15
398	398	motor vehicle removed under this subchapter or under § 27 -50-1101 to use any 16
399	399	other entity permitted, licensed, or regulated under this subchapter when 17
400	400	reclaiming the motor vehicle from storage; 18
401	401	(I)(i) Requiring all entities permitted, licensed, or 19
402	402	regulated under this subchapter to post a sign notifying customers of the 20
403	403	consumer complaint process under § 27 -50-1218. 21
404	404	(ii) The sign shall be in a conspicuous and central 22
405	405	location in the public area and shall be a minimum of sixteen inches by 23
406	406	twenty inches (16″ x 20″) in size. 24
407	407	(iii) The board may assess a fine of between not 25
408	408	less than fifty dollars ($50.00) and not more than two hundred fifty dollars 26
409	409	($250) for failure to comply with the provisions of this subdivision 27
410	410	(e)(1)(I) or § 27-50-1218(e); 28
411	411	(J)(i) Setting a minimum standard for the structure of the 29
412	412	place of business and storage facility located in Arkansas and utilized for 30
413	413	the daily operation of a towing company licensed and regulated under this 31
414	414	subsection. 32
415	415	(ii) The place of business shall utilize: 33
416	416	(a) A location easily accessible by the 34
417	417	public; 35
418	418	(b) An appropriate and secure filing system 36 HB1897
419	419
420	420	12 03/26/2025 3:37:36 PM ZRC094
421	421	for business records; and 1
422	422	(c) Clear and visible signage displaying the 2
423	423	name on the business license issued by the board that: 3
424	424	(1) Is a minimum of four feet by six 4
425	425	feet (4′ x 6′) in size or meets the criteria established by a municipal zoning 5
426	426	ordinance, subdivision regulation, or building code; and 6
427	427	(2) Displays the name, physical address, 7
428	428	a published telephone number of the towing company, and hours of operation; 8
429	429	(K) Adopting rules for the: 9
430	430	(i) Registration Licensure of a person engaged in a 10
431	431	consent-only towing business; 11
432	432	(ii) Issuance of a certificate of registration 12
433	433	license required under subdivision (f)(1) (A)(iii) of this section; and 13
434	434	(iii) The denial, revocation, or suspension of a 14
435	435	license or permit issued under this subchapter; and 15
436	436	(L) Establishing a website that is sponsored and managed 16
437	437	by the board for a towing business to post the notice required by § 27 -50-17
438	438	1101 and this subchapter. 18
439	439	(2) The promulgation and adoption of rules shall in all respects 19
440	440	be in the manner provided by the Arkansas Administrative Procedure Act, § 25 -20
441	441	15-201 et seq. 21
442	442	(3) After the promulgation and adoption of rules, any proposed 22
443	443	change to add to, amend, repeal, or change any of the rules shall not have 23
444	444	effect until reviewed and approved by the Administrative Rules Subcommittee 24
445	445	of the Legislative Council subsequent to the time that the General Assembly 25
446	446	next meets in regular session unless a finding exists that imminent peril to 26
447	447	the public health, safety, or welfare requires immediate adoption, amendment, 27
448	448	or repeal of the rules. 28
449	449	29
450	450	SECTION 14. Arkansas Code § 27 -50-1203(f)(1), concerning fees that the 30
451	451	Arkansas Towing and Recovery Board may charge for licensing, is amended to 31
452	452	read as follows: 32
453	453	(f)(1)(A) The board may charge: 33
454	454	(i)(a) Towing A fee for a towing business license, 34
455	455	repossession towing license, and vehicle immobilization service license fees 35
456	456	not to exceed two hundred dollars ($200) per license. 36 HB1897
457	457
458	458	13 03/26/2025 3:37:36 PM ZRC094
459	459	(b) The initial consent towing license fee 1
460	460	shall be twenty-five dollars ($25); and 2
461	461	(ii) A fee not to exceed one hundred dollars ($100) 3
462	462	per tow vehicle safety permit ; and 4
463	463	(iii) A fee for a certificate of registration for 5
464	464	consent towing not to exceed twenty -five dollars ($25.00) . 6
465	465	(B) A person licensed by the board to perform nonconsent 7
466	466	towing services is authorized to perform vehicle immobilization services 8
467	467	without obtaining a separate vehicle immobilization service license. 9
468	468	10
469	469	SECTION 15. Arkansas Code § 27 -50-1203(g), concerning the authority of 11
470	470	the Arkansas Towing and Recovery Board to employ and discharge personnel, is 12
471	471	amended to read as follows: 13
472	472	(g)(1)(A) The board Secretary of the Department of Labor and Licensing 14
473	473	shall have the authority to may employ and discharge a Director of the 15
474	474	Arkansas Towing and Recovery Board and any personnel as may be necessary to 16
475	475	administer and enforce the provisions of this subchapter and the rules and 17
476	476	regulations promulgated hereunder under this chapter. 18
477	477	(B) The director employed under subdivision (g)(1)(A) of 19
478	478	this section shall supervise the staff of the board and take any action to 20
479	479	administer and enforce § 27 -50-1101, this subchapter, and the rules of the 21
480	480	board, including without limitation the initiation of complaints for 22
481	481	adjudication by the board and the referral of criminal matters to the 23
482	482	appropriate authorities. 24
483	483	(2)(A) The board shall employ investigators to investigate consumer 25
484	484	complaints related to overcharging for nonconsent towing, recovery, 26
485	485	repossession, storage fees, fees associated with the use of wheel clamps, 27
486	486	administrative expenses, and violations of § 27-50-1101, this subchapter, and 28
487	487	violations of the rules promulgated by the board under this subchapter. 29
488	488	(B) A complaint may be initiated by the board, the staff of the 30
489	489	board, a consumer, or any other interested party. 31
490	490	32
491	491	SECTION 16. Arkansas Code § 27 -50-1203, concerning the creation of the 33
492	492	Arkansas Towing and Recovery Board, is amended to add an additional 34
493	493	subsection to read as follows: 35
494	494	(l) An application for a license or the renewal of a license, 36 HB1897
495	495
496	496	14 03/26/2025 3:37:36 PM ZRC094
497	497	registration, endorsement, enhancement, or tow vehicle safety permit shall 1
498	498	not be approved by the board if: 2
499	499	(1) The applicant or a director, member, officer, or employee of 3
500	500	the applicant owes or is affiliated with a person that owes an unpaid civil 4
501	501	fine, penalty, or other indebtedness due and payable to the board; or 5
502	502	(2) The applicant or a director, member, officer, or employee of 6
503	503	the applicant is affiliated with a towing and storage firm under suspension, 7
504	504	revocation, or other disciplinary action by the board. 8
505	505	9
506	506	SECTION 17. Arkansas Code § 27 -50-1208(a)(2), concerning a possessory 10
507	507	lien on an unattended or abandoned vehicle held by a towing and storage firm, 11
508	508	is amended to read as follows: 12
509	509	(2)(A) A Except as provided in subdivision (a)(2)(B) of this 13
510	510	section, a possessory lien under this section attaches to not only the 14
511	511	vehicle or trailer that was required to be towed but also to the contents of 15
512	512	the vehicle or trailer, including without limitation other vehicles, 16
513	513	equipment, and boats and its contents but also any trailer attached to the 17
514	514	vehicle at the time it is towed and any contents of such trailer including, 18
515	515	but not limited to, other vehicles or boats . 19
516	516	(B) A lien under this section shall not extend to : 20
517	517	(i) A vehicle or trailer on which no towing services 21
518	518	were performed; or the 22
519	519	(ii) The following items, without limitation if not 23
520	520	being transported as commercial cargo : 24
521	521	(i)(a) Personal or legal documents; 25
522	522	(ii)(b) Medications; 26
523	523	(iii)(c) Child-restraint seating or childcare 27
524	524	items; 28
525	525	(iv)(d) Wallets Clothing, wallets, or purses 29
526	526	and the contents of such of the clothing, wallets, or purses ; 30
527	527	(v)(e) Prescription eyeglasses and sunglasses; 31
528	528	(vi)(f) Prosthetics and other medical devices 32
529	529	and equipment; 33
530	530	(vii)(g) Cell phones, laptops, and computers ; 34
531	531	(viii)(h) Photographs, books, and other items 35
532	532	of personal value; and 36 HB1897
533	533
534	534	15 03/26/2025 3:37:36 PM ZRC094
535	535	(ix)(i) Books Tools and equipment necessary 1
536	536	for employment or occupation; and 2
537	537	(j) Other similar items . 3
538	538	(C)(i) The If claimed during normal business hours, the 4
539	539	items described in subdivision (a)(2)(B) of this section shall be released 5
540	540	without charge by the towing and storage firm to the owner or operator of the 6
541	541	motor vehicle or his or her duly authorized representative. 7
542	542	(ii) If claimed after normal business hours, the 8
543	543	towing and storage firm may charge a reasonable after -hours release fee not 9
544	544	to exceed one hundred dollars ($100) for all items retrieved. 10
545	545	(D)(i) Except as provided in subdivision (a)(2)(D)(ii) of 11
546	546	this section and subject to an increased amount if approved by rule of the 12
547	547	board, a towing and storage firm shall not charge a storage fee that exceeds 13
548	548	the following for each calendar day: 14
549	549	(a) Sixty dollars ($60) for the storage 15
550	550	capacity of a noncommercial motor vehicle; or 16
551	551	(b) One hundred dollars ($100) for the storage 17
552	552	capacity of a commercial motor vehicle defined in § 27 -23-103(8)(A),§ 27-23-18
553	553	103(8)(B), or § 27-23-103(8)(C)(i). 19
554	554	(ii) The storage fee allowed under subdivision 20
555	555	(a)(2)(D)(i) of this section shall not exceed fifty percent (50%) of the 21
556	556	charge amount of the storage fee under subdivisions (a)(2)(D)(i)(a) and 22
557	557	(a)(2)(D)(i)(b) of this section the first eight (8) hours of the first 23
558	558	calendar day. 24
559	559	(iii) A storage fee shall not be charged for any day 25
560	560	the tow business is not available to release the vehicle. 26
561	561	(E)(i) A lien under this section shall not extend to 27
562	562	cargo, as defined in § 27 -50-1202, if the owner of the cargo or his or her 28
563	563	authorized representative pays a fee not to exceed twenty percent (20%) of 29
564	564	the invoice for the towing and storing services to the towing and storage 30
565	565	firm. 31
566	566	(ii) An owner of the cargo or his or her authorized 32
567	567	representative who has paid the fee required under subdivision (a)(2)(E)(i) 33
568	568	of this section shall not be required to pay the total invoice for the towing 34
569	569	and storing services before to the release of the cargo. 35
570	570	(iii) This subdivision (a)(2)(E) does not prohibit a 36 HB1897
571	571
572	572	16 03/26/2025 3:37:36 PM ZRC094
573	573	towing and storage firm from collecting the total invoice for towing and 1
574	574	storage services from the owner or lienholder or perfecting the lien under 2
575	575	this section. 3
576	576	4
577	577	SECTION 18. Arkansas Code § 27 -50-1208(b) and (c), concerning a 5
578	578	possessory lien on an unattended or abandoned vehicle held by a towing and 6
579	579	storage firm, are amended to read as follows: 7
580	580	(b) The lien shall be perfected by: 8
581	581	(1) Maintaining possession; and 9
582	582	(2) Either: 10
583	583	(A) Mailing notice to the owner or owners and lienholders 11
584	584	as shown on the data provided by the law enforcement agency involved as 12
585	585	prescribed by this subchapter; or 13
586	586	(3)(B) In the case of a vehicle removed pursuant to § 27 -14
587	587	50-1101, giving notice to the last known registered owner or owners and 15
588	588	lienholders as provided from the records of the: 16
589	589	(A)(i) Office of Motor Vehicle; 17
590	590	(B)(ii) Arkansas Crime Information Center; or 18
591	591	(C)(iii) If known, motor vehicle records of any 19
592	592	other state where the vehicle's registration indicates the name and address 20
593	593	of the last registered owner and the name and address of the holder of any 21
594	594	recorded lien, if any, on the vehicle. 22
595	595	(c)(1) The notice shall be mandatory and by certified mail, return 23
596	596	receipt requested: 24
597	597	(A) Mandatory; 25
598	598	(B) Sent by certified mail, return receipt requested and 26
599	599	postmarked not sooner than two (2) business days but within eight (8) 27
600	600	business days after the date that the towing and storage firm receives the 28
601	601	vehicle; and 29
602	602	(C) Posted on the website sponsored and managed by the 30
603	603	Arkansas Towing and Recovery Board for that purpose, which requires a 31
604	604	reasonable fee set by the board, within three (3) business days after the 32
605	605	date that the towing and storage firm receives the vehicle . 33
606	606	(2) The notice shall be posted not sooner than two (2) business 34
607	607	days but within eight (8) business days after the date that the towing and 35
608	608	storage firm receives the vehicle A towing and storage firm shall not 36 HB1897
609	609
610	610	17 03/26/2025 3:37:36 PM ZRC094
611	611	charge: 1
612	612	(A)(i) Except as provided in subdivisions (c)(2)(B) and 2
613	613	(c)(2)(C) of this section, an administrative fee that exceeds seventy -five 3
614	614	dollars ($75.00). 4
615	615	(ii) An administrative fee shall not be charged 5
616	616	under subdivision (c)(2)(A)(i) of this section: 6
617	617	(a) Until the notice required under this 7
618	618	section is sent and posted on the website as required under § 27 -50-8
619	619	1208(c)(1)(C); or 9
620	620	(b) To correct an error or mistake caused by 10
621	621	the towing and storage firm; 11
622	622	(B)(i) A clerical fee that exceeds twenty -five dollars 12
623	623	($25.00). 13
624	624	(ii) A clerical fee shall not be charged under 14
625	625	subdivision (c)(2)(B)(i) of this section until the completion of the intake, 15
626	626	storage, and processing of all vehicles, trailers, equipment, and other 16
627	627	property resulting from a single towing incident or contract regardless of 17
628	628	the size or number of storage spaces required; or 18
629	629	(C) A storage fee if the notice required under this 19
630	630	subsection: 20
631	631	(i) Has not been sent and posted on the website 21
632	632	within the time and in the manner required under this section; or 22
633	633	(ii) If the notice is sent and posted on the website 23
634	634	after the time required under subdivision (c)(1)(2) of this section, until 24
635	635	after the notice has been both sent and posted on the website. 25
636	636	26
637	637	SECTION 19. Arkansas Code § 27 -50-1208(d)(2)(A), concerning a 27
638	638	possessory lien on an unattended or abandoned vehicle held by a towing and 28
639	639	storage firm, is amended to read as follows: 29
640	640	(2)(A) For the purpose of notices required by this section, if 30
641	641	the data records of the Office of Motor Vehicle or the office of motor 31
642	642	vehicles for the state where the vehicle is registered, if known, do not 32
643	643	contain any information as to the last known registered owner or owners and 33
644	644	lienholder or lienholders, notice is sufficient under this section if the 34
645	645	notice is provided by publication one (1) time in one (1) newspaper of 35
646	646	general circulation in the county where the vehicle was found unattended, 36 HB1897
647	647
648	648	18 03/26/2025 3:37:36 PM ZRC094
649	649	abandoned, or improperly parked and by posting on the website sponsored and 1
650	650	managed by the Arkansas Towing and Recovery Board board for that purpose. 2
651	651	3
652	652	SECTION 20. Arkansas Code § 27-50-1209(e)(1), concerning the 4
653	653	foreclosure of a possessory lien upon an unattended or abandoned vehicle by a 5
654	654	towing and storage firm, is amended to read as follows: 6
655	655	(e)(1) Notice of the date and time of the sale shall be sent at least 7
656	656	fifteen (15) days before the date of the sale by certified mail, no return 8
657	657	receipt requested, to the registered owner and lienholder, if any. 9
658	658	10
659	659	SECTION 21. Arkansas Code § 27 -50-1209(f), concerning the foreclosure 11
660	660	of a possessory lien on a vehicle by a towing and storage firm, is amended to 12
661	661	read as follows: 13
662	662	(f) In addition to the notice by mail, notice of the sale , including 14
663	663	the sale date and time, shall be published in a newspaper of general 15
664	664	circulation in the county at least one (1) time at least ten (10) days prior 16
665	665	to the sale and shall be posted on the website that is sponsored and managed 17
666	666	by the Arkansas Towing and Recovery Board for that purpose. 18
667	667	19
668	668	SECTION 22. Arkansas Code § 27 -50-1212(a), concerning criminal 20
669	669	penalties related to the removal or immobilization of an unattended or 21
670	670	abandoned vehicle, is amended to read as follows: 22
671	671	(a) It shall be unlawful for a person to: 23
672	672	(1) Operate a tow vehicle : in 24
673	673	(A) In violation of this subchapter; or 25
674	674	(B) That does not clearly display the name, phone number, 26
675	675	and Arkansas Towing and Recovery Board assigned license number of the towing 27
676	676	and storage firm on the driver side and passenger side of the tow vehicle; 28
677	677	(2)(A) Operate a tow vehicle without obtaining a tow vehicle 29
678	678	safety permit as required by the rules of the Arkansas Towing and Recovery 30
679	679	Board board. 31
680	680	(B) A photograph of the driver side and of the passenger 32
681	681	side of the tow vehicle evidencing compliance with subdivision (a)(1)(B) of 33
682	682	this section shall be included in the tow vehicle safety permit application ; 34
683	683	(3) Operate a business engaging in nonconsent towing, recovery, 35
684	684	repossession, or storage of vehicles without first obtaining the proper tow 36 HB1897
685	685
686	686	19 03/26/2025 3:37:36 PM ZRC094
687	687	business license as required by the rules of the board ; 1
688	688	(4) Give false or forged evidence to the board or to any member 2
689	689	or an employee thereof for the purpose of obtaining a license or a tow 3
690	690	vehicle safety permit; 4
691	691	(5) Use or attempt to use an expired, suspended, or revoked 5
692	692	license or tow vehicle safety permit; or 6
693	693	(6) Engage in excessive or discriminatory pricing by charging an 7
694	694	amount for towing, recovery, repossession, or storage that exceeds the fair 8
695	695	market value of all services rendered by more than: 9
696	696	(A) Two thousand dollars ($2,000) for a noncommercial 10
697	697	vehicle; or 11
698	698	(B) Five thousand dollars ($5,000) for a commercial motor 12
699	699	vehicle as defined in § 27-23-103; 13
700	700	(7) Except as provided in this subchapter, s ell, retain, 14
701	701	transfer, or dispose of any towed, recovered, or stored property; 15
702	702	(8) Fail or refuse to promptly release any towed, recovered, or 16
703	703	stored property: 17
704	704	(A) After a law enforcement hold has been released 18
705	705	following a theft or other reason for issuing the hold; or 19
706	706	(B) Due to an unpaid bill for towing services or other 20
707	707	outstanding indebtedness unrelated to the current towing services; 21
708	708	(9) With respect to the sale or other disposition of an 22
709	709	abandoned vehicle or other property subject to a towing lien under this 23
710	710	subchapter or § 27-50-1101: 24
711	711	(A) Fail to provide notice as required under this 25
712	712	subchapter; 26
713	713	(B) Sell an abandoned vehicle or other property without 27
714	714	the documentation required to transfer marketable title to the purchaser at 28
715	715	the sale; or 29
716	716	(C) Fail to promptly and properly provide to the purchaser 30
717	717	the documents and information needed to transfer marketable title to the 31
718	718	purchaser; 32
719	719	(10)(A) Fail to obtain, accept, or retain a properly executed 33
720	720	form adopted and required by the board and posted on the website sponsored 34
721	721	and managed by the board, including without limitation: 35
722	722	(i) Authorization and documentation of the terms of 36 HB1897
723	723
724	724	20 03/26/2025 3:37:36 PM ZRC094
725	725	the release of an abandoned vehicle, implement, piece of machinery, or 1
726	726	contents from storage, and the parties to the release; 2
727	727	(ii) An affidavit authorizing the release of the 3
728	728	abandoned vehicle, implement, piece of the machinery, or contents to the 4
729	729	authorized representative of an interested party who is deceased or 5
730	730	incapacitated; or 6
731	731	(iii) Notification to the board within five (5) 7
732	732	business days of: 8
733	733	(a) A tow company’s election to inactivate a 9
734	734	tow business license; or 10
735	735	(b) The removal of a tow vehicle from the tow 11
736	736	company’s fleet. 12
737	737	(B) Notice of a form adopted and required by the board 13
738	738	under this subdivision (a)(10) shall be sent by email to the email address 14
739	739	the licensee has on file with the board and by conspicuously posting the 15
740	740	notice on the website sponsored and managed by the board under the heading 16
741	741	“Required Forms”; or 17
742	742	(6)(11) Violate or aid or abet any violation of this subchapter. 18
743	743	19
744	744	SECTION 23. Arkansas Code § 27 -50-1212(c), concerning criminal 20
745	745	penalties related to the removal or immobilization of an unattended or 21
746	746	abandoned vehicle, is amended to read as follows: 22
747	747	(c)(1) A Except as provided in subdivision (c)(2) of this section, a 23
748	748	person who pleads guilty or nolo contendere to or is found guilty of any 24
749	749	violation under this section upon conviction shall be guilty of a misdemeanor 25
750	750	and shall be sentenced to pay a fine of not less than fifty dollars ($50.00) 26
751	751	nor more than five hundred dollars ($500) or to be imprisoned for a period 27
752	752	not exceeding ninety (90) days, or both. 28
753	753	(2) A person who pleads guilty or nolo contendere to or is found 29
754	754	guilty of violating or aiding or abetting a violation of subdivision (a)(6) 30
755	755	of this section shall be guilty of: 31
756	756	(A) A Class D Felony if the excessive pricing was based on 32
757	757	the type of customer, presence of insurance, or cargo involved other than 33
758	758	bona fide additional services required due to the quantity, size, or nature 34
759	759	of the cargo; or 35
760	760	(B) A Class A misdemeanor if otherwise committed. 36 HB1897
761	761
762	762	21 03/26/2025 3:37:36 PM ZRC094
763	763	1
764	764	SECTION 24. Arkansas Code § 27 -50-1215(a), concerning a summons, 2
765	765	citation, or subpoena issued by the Arkansas Towing and Recovery Board, is 3
766	766	amended to read as follows: 4
767	767	(a)(1) It shall be the duty of the sheriffs and constables of the 5
768	768	counties of this state and of any employee of the Arkansas Towing and 6
769	769	Recovery Board, when so directed by the board, to execute any summons, 7
770	770	citation, or subpoena that the board may cause to be issued and to return the 8
771	771	summons, citation, or subpoena to the board. 9
772	772	(2)(A) At the request of a party to a hearing before the board, 10
773	773	the board shall issue a subpoena for the attendance of a witness and the 11
774	774	production of documents at the hearing. 12
775	775	(B) The party requesting a subpoena under subdivision 13
776	776	(a)(2)(A) of this section shall describe the specific documents that the 14
777	777	requesting party desires the witness to produce. 15
778	778	(3)(A) The party requesting a subpoena under subdivision (a)(2)(A) of 16
779	779	this section has the duty to obtain service of the subpoena and tender the 17
780	780	appropriate mileage fees and witness fees under Rule 45 of the Arkansas Rules 18
781	781	of Civil Procedure at least two (2) days before the hearing at which the 19
782	782	documents are required to be produced. 20
783	783	(B) For good cause, the board may authorize a subpoena issued 21
784	784	under this subsection to be served fewer than two (2) days before the hearing 22
785	785	at which the documents are required to be produced. 23
786	786	24
787	787	SECTION 25. Arkansas Code § 27 -50-1217, concerning the reporting of 25
788	788	towing rates by a towing and storage firm, is amended to add an additional 26
789	789	subsection to read as follows: 27
790	790	(c) The Arkansas Towing and Recovery Board shall post the current 28
791	791	maximum rate schedule for each towing and storage business on its website. 29
792	792	30
793	793	SECTION 26. Arkansas Code § 27 -50-1218(c)(1), concerning the consumer 31
794	794	complaint process with the Arkansas Towing and Recovery Board, is amended to 32
795	795	read as follows: 33
796	796	(c)(1)(A) Upon receipt of the consumer complaint, the The board shall 34
797	797	resolve the a consumer complaint within forty-five (45) calendar days after 35
798	798	receiving the consumer complaint submitted to the board under this section as 36 HB1897
799	799
800	800	22 03/26/2025 3:37:36 PM ZRC094
801	801	soon as the business of the board permits . 1
802	802	(B) Staff of the board shall complete an investigation of a complaint 2
803	803	within one hundred eighty (180) days or provide a report to the board 3
804	804	concerning the reasons for any delays in the investigation. 4
805	805	5
806	806	SECTION 27. Arkansas Code § 27 -50-1218, concerning the consumer 6
807	807	complaint process with the Arkansas Towing and Recovery Board, is amended to 7
808	808	add an additional subsection to read as follows: 8
809	809	(e)(1) A towing and storage company shall display notice of the 9
810	810	complaint process as provided for under subdivision (e)(2) of this section. 10
811	811	(2) Notice of the complaint process provided for under this 11
812	812	section in the form provided in subdivision (e)(3) of this section or as 12
813	813	modified by the board shall be: 13
814	814	(A) Beginning thirty (30) days after the effective date of 14
815	815	this act, prominently displayed in all capital letters in a conspicuous and 15
816	816	central location visible to any customer from a distance of twenty -five feet 16
817	817	(25’) in the public area at the location of the towing business on a sign no 17
818	818	less than sixteen inches by twenty inches (16" x 20”) wide in all capital 18
819	819	letters; 19
820	820	(B) Beginning July 1, 2025, prominently printed in bold 20
821	821	letters at the bottom of each invoice for towing services; and 21
822	822	(C) Beginning thirty (30) days after the effective date of 22
823	823	this act, prominently displayed on the website sponsored and managed by the 23
824	824	board with a link to file an online complaint. 24
825	825	(3) Notice of the complaint process provided for under this 25
826	826	section shall: 26
827	827	(A) Include without limitation: 27
828	828	(i) A statement that a complaint may be filed with 28
829	829	the board under § 27 -50-1218; 29
830	830	(ii) The telephone number of the board; and 30
831	831	(iii) The address of the website of the board; and 31
832	832	(B) Be substantially in the following form: 32
833	833	"COMPLAINTS: A PERSON DAMAGED OR OVERCHARGED MAY FILE 33
834	834	A COMPLAINT UNDER ARKANSAS CODE § 27 -50-1218 WITH THE ARKANSAS TOWING AND 34
835	835	RECOVERY BOARD, (501) 682-3801, www.artowing.arkansas.gov". 35
836	836	36 HB1897
837	837
838	838	23 03/26/2025 3:37:36 PM ZRC094
839	839	SECTION 28. Arkansas Code Title 27, Chapter 50, Subchapter 12, is 1
840	840	amended to add an additional section to read as follows: 2
841	841	27-50-1225. Payment methods, 3
842	842	A tow business shall accept at least two (2) of the following forms of 4
843	843	payment: 5
844	844	(1) Cash; 6
845	845	(2) Credit or debit card; or 7
846	846	(3) A mobile payment service. 8
847	847	9
848	848	SECTION 29. TEMPORARY LANGUAGE. DO NOT CODIFY. Transition provisions 10
849	849	— Appointment of members of the Arkansas Towing and Recovery Board. 11
850	850	(a) The current members at the time of the effective date of this act 12
851	851	of the Arkansas Towing and Recovery Board are removed and the Governor shall 13
852	852	appoint all board member positions, subject to confirmation by the Senate. 14
853	853	(b) Until at least seven (7) members of the board are appointed and 15
854	854	confirmed by the Senate, the Director of the Arkansas Towing and Recovery 16
855	855	Board, in consultation with the Secretary of the Department of Labor and 17
856	856	Licensing, shall exercise the powers and duties assigned to the board, except 18
857	857	that the hearing and adjudication of a complaint filed with the board shall 19
858	858	be continued until a quorum of the newly constituted board is assembled to 20
859	859	hear and adjudicate the complaint. 21
860	860	22
861	861	SECTION 30. TEMPORARY LANGUAGE. DO NOT CODIFY. Transition Provisions 23
862	862	- Initial terms of members of the Arkansas Towing and Recovery Board. 24
863	863	(a) The initial term of the three (3) members of the Arkansas Towing 25
864	864	and Recovery Board who are actively engaged in business in the towing 26
865	865	industry, licensed by the board, and appointed from the state at large shall 27
866	866	expire on July 1 of 2026, 2027, and 2028, respectively. 28
867	867	(b) The term of the member of the board who is the Director of the 29
868	868	Division of the Arkansas State Police or his or her designee shall be for the 30
869	869	duration of time of his or her appointment as Director of the Division of the 31
870	870	Arkansas State Police. 32
871	871	(c) The initial term of the member of the board who is a current or 33
872	872	former municipal chief of police or current or former county sheriff with 34
873	873	knowledge of the towing industry shall expire on July 1, 2028. 35
874	874	(d) The initial term of the member of the board who is appointed from 36 HB1897
875	875
876	876	24 03/26/2025 3:37:36 PM ZRC094
877	877	the commercial trucking insurance industry shall expire on July 1, 2027. 1
878	878	(e) The initial term of the member of the board who is appointed from 2
879	879	the trucking industry shall expire on July 1, 2028. 3
880	880	(f) The initial term of the member of the board who has no affiliation 4
881	881	with the towing industry and who serves as a representative of consumers of 5
882	882	towing services shall expire on July 1, 2026. 6
883	883	(g) The initial term of the member of the board who is a currently 7
884	884	employed or retired person with at least five (5) years of experience 8
885	885	responding to fire and emergency response incidents shall expire on July 1, 9
886	886	2027. 10
887	887	11
888	888	SECTION 31. TEMPORARY LANGUAGE. DO NOT CODIFY. Towing rate schedule 12
889	889	- Effective date. 13
890	890	Section 25 of this act is effective on and after July 1, 2026. 14
891	891	15
892	892	SECTION 32. EMERGENCY CLAUSE. It is found and determined by the 16
893	893	General Assembly of the State of Arkansas that an urgent need exists to enact 17
894	894	towing industry reforms, improve towing industry regulation and enforcement, 18
895	895	and provide statewide efficiencies to state and local law enforcement; and 19
896	896	that this act will accomplish these objectives and is immediately necessary 20
897	897	to protect consumers from illegal, fraudulent, and unauthorized towing 21
898	898	practices. Therefore, an emergency is declared to exist, and this act being 22
899	899	immediately necessary for the preservation of the public peace, health, and 23
900	900	safety shall become effective on: 24
901	901	(1) The date of its approval by the Governor; 25
902	902	(2) If the bill is neither approved nor vetoed by the Governor, the 26
903	903	expiration of the period of time during which the Governor may veto the bill; 27
904	904	or 28
905	905	(3) If the bill is vetoed by the Governor and the veto is overridden, 29
906	906	the date the last house overrides the veto. 30
907	907	31
908	908	32
909	909	33
910	910	34
911	911	35
912	912	36