SENATE CONCURRENT RESOLUTION NO. 41
(By Senators Unger, Jenkins, Barnes, D. Facemire, Fanning,
Plymale, Stollings and White)
[Originating in the Committee on Transportation and
Infrastructure; reported March 24, 2009.]
Requesting the Joint Committee on Government and Finance study
issues related to regulating the towing by common carriers of
motor vehicles from private property without the consent of
the owner or operator of the motor vehicles.
Whereas, There have been numerous complaints in recent years
that towing companies, especially in the Morgantown, West Virginia,
area, have towed motor vehicles from private real property without
the consent of the owner or operator of the motor vehicle and
without the established consent of the owner or lessee of, or other
person responsible for, the private real property upon which the
motor vehicle was located at the time of the tow; and
Whereas, Bills have been introduced in the West Virginia
Legislature in each of the last few years related to regulating the
towing by common carriers of motor vehicles from private real
property without the consent of the owner or operator of the motor
vehicles, but with the prior written consent of the owner or
lessee, or the agent or designee of the owner or lessee, of the private real property upon which the motor vehicle is located at
the time of the tow; and
Whereas, None of these bills have passed both houses of the
Legislature, for various reasons, including asserted conflicts with
applicable federal legislation, such as 42 U. S. C. § 14501(c), and
the asserted preference of allowing the West Virginia Public
Service Commission to have some flexibility with respect to certain
aspects of this area of the law; and
Whereas, This continuing unresolved and significant problem
should be carefully studied to facilitate the enactment of
appropriate legislation addressing the problem; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study issues related to regulating the towing by
common carriers of motor vehicles from private property without the
consent of the owner or operator of the motor vehicles; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is hereby requested to seek the input of the West Virginia
Public Service Commission, any towing association(s) or individual
towing companies and any other interested and informed persons
selected by that Committee to study the issue of regulating the
towing by common carriers of motor vehicles from private real
property without the consent of the owner or operator of the motor
vehicles, but with the prior written consent, filed with the West Virginia Public Service Commission, of the owner or lessee, or the
agent or designee of the owner or lessee, of the private real
property upon which the motor vehicle is located at the time of the
tow; and, be it
Further Resolved, That this study should include whether the
towing companies should be required in this situation to give
immediate written notification to the local law-enforcement
authorities of the private real property from which the motor
vehicle was towed, the make, model and license number of the
vehicle and the address of the location where the vehicle has been
towed and is stored; and, be it
Further Resolved, That this study should also include
consideration of whether towing companies should be required to
accept debit or credit card payments for the towing services in
this situation, unless the towing company lacks the equipment
necessary to process those types of payments, and whether the
towing companies in this situation should be prohibited from
charging storage fees for the initial, for example, 24 hours of
storage of the towed motor vehicle; and, be it
Further Resolved, That this study should also include
consideration of whether an exception from all or most of the
recommended legislation on point should be created for repossession
of motor vehicles on behalf of a financial institution pursuant to
a loan or lease obligation listing the vehicle as collateral; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2010, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.