Louisiana 2020 Regular Session

Louisiana Senate Bill SB222 Latest Draft

Bill / Introduced Version

                            SLS 20RS-381	ORIGINAL
2020 Regular Session
SENATE BILL NO. 222
BY SENATOR POPE 
MOTOR VEHICLES.  Allows a towing company to avoid certain penalties based on good-
faith reliance on statements of the person contracting the company. (8/1/20)
1	AN ACT
2 To enact R.S. 32:1736(F), relative to the Louisiana Towing and Storage Act; to provide
3 relative to towing of vehicles from private property; to provide relative to verifying
4 ownership of property; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1.  R.S. 32:1736(F) is hereby enacted to read as follows: 
7 ยง1736.  Towing of motor vehicles from private property; definitions; billing
8	invoices; uniform fees; penalties
9	*          *          *
10	F. A tow truck operator shall not be in violation of this Section or in
11 violation of R.S. 14:68.4, when the tow truck operator reasonably believes that
12 the person contracting with him to authorize the nonconsensual tow of a vehicle
13 is the owner of the private property.
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 222
SLS 20RS-381	ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Xavier I. Alexander.
DIGEST
SB 222 Original 2020 Regular Session	Pope
Present law provides that tow truck operators engaged in the nonconsensual tow of a motor
vehicle from any parking area shall not tow the motor vehicle unless the tow is authorized
by a law enforcement agency or unless the motor vehicle has been tagged for removal.
Present law provides that any tow truck operator who tows a vehicle in violation of
present law requirements shall be in violation of R.S. 14:68.4 (unauthorized use of a motor
vehicle) and shall be subject to any applicable penalties prescribed by law, including
revocation of towing license.
Present law further provides that lack of knowledge of the conduct of a tow truck employee
shall not be a defense for the tow truck company.
Proposed law retains present law requirements and provides that a tow truck operator shall
not be in violation of this Section if the operator reasonably believes that the person
contracting with the tow truck company and giving authorization for a nonconsensual tow
is the property owner.
Effective August 1, 2020.
(Adds R.S. 32:1736(F))
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.