Arkansas - HB 1563 - 03.06.23 "Call to Action 03.09.23"

[TowForce]

Status:

Spectrum: Partisan Bill (Republican 18-0)
Status: Introduced on March 6 2023 - 25% progression
Action: 2023-03-06 - Read the first time, rules suspended, read the second time and referred to the Committee on PUBLIC TRANSPORTATION- HOUSE

 

Summary:

To Amend The Law Concerning The Attachment Of A Possessory Lien Held By A Towing And Storage Firm; And To Declare An Emergency.

 

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This House Bill would force towing companies to release of Cargo without payment.

 

Towing Companies in Arkansas are organizing to

 

Ken Pence, Ken's Towing Inc. posted this on his companies FB page:

 

Arkansas Towing companies:

The Arkansas State Legislature Is attacking the Towing Industry.

 

They are trying to make Towing companies release the cargo from a truck accident Free of charge on the spot!

 

As you know most Trucking Companies like owner operators or small companies are either Not insured or under-insured and the cargo is the only thing of value!

 

They do not understand that we are out a lot of money upfront on these types of accidents

Re: labor ,special equipment ,Traffic control,fuel etc. we must come together and stop this Industry Killing Bill

 

See The Bill below

Thank You

Ken Pence

Kens Towing

 

Stricken language would be deleted from and underlined language would be added to present law.
*DTP093* 3/6/2023 3:18:49 PM DTP093
State of Arkansas1
94th General Assembly A Bill2
Regular Session, 2023 HOUSE BILL 15633
4
By: Representatives Evans, Beaty Jr., Cavenaugh, Eaves, Hawk, B. McKenzie, S. Meeks, J. Moore,5
Painter, Pilkington, Puryear, Tosh, Underwood6
By: Senators Hill, J. Boyd, Dees, Gilmore, J. Payton7
8
For An Act To Be Entitled9
AN ACT TO AMEND THE LAW CONCERNING THE ATTACHMENT OF10
A POSSESSORY LIEN HELD BY A TOWING AND STORAGE FIRM;11
TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.12
13
14
Subtitle15
TO AMEND THE LAW CONCERNING THE16
ATTACHMENT OF A POSSESSORY LIEN HELD BY A17
TOWING AND STORAGE FIRM; AND TO DECLARE18
AN EMERGENCY.19
20
21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:22
23
SECTION 1. Arkansas Code § 27-50-1202, concerning definitions used in24
this subchapter relating to the removal or immobilization of unattended or25
abandoned vehicles, is amended to add an additional subdivision to read as26
follows:27
(17) "Cargo" means goods and materials transported by a motor28
carrier as defined by 49 C.F.R. § 390.5 as it existed on January 1, 2023,29
including without limitation:30
(A) Pallets;31
(B) Containers;32
(C) Bracing;33
(D) Air pillows;34
(E) Tie-down assemblies and other securement systems;35
(F) Cradles;36HB1563
2 3/6/2023 3:18:49 PM DTP093
(G) Chocks; and1
(H) All other dunnage or packaging.2
3
SECTION 2. Arkansas Code § 27-50-1208(a), concerning a towing and4
storage firm's possessory lien, is amended to read as follows:5
(a)(1) The Except as provided under subdivision (a)(2)(B) of this6
section, the towing and storage firm shall have a first priority possessory7
lien on the vehicle and its contents for all reasonable charges for towing,8
recovery, and storage for which the owner is liable.9
(2)(A) A Except as provided under subdivision (a)(2)(B) of this10
section, a possessory lien under this section attaches to not only the11
vehicle and its contents but also any trailer attached to the vehicle at the12
time it is towed and any contents of such trailer including, but not limited13
to, other vehicles or boats.14
(B) A lien under this section shall not extend to the15
following items, including without limitation:16
(i) Personal or legal documents;17
(ii) Medications;18
(iii) Child-restraint seating;19
(iv) Wallets or purses and the contents of such;20
(v) Prescription eyeglasses;21
(vi) Prosthetics;22
(vii) Cell phones;23
(viii) Photographs; and24
(ix) Books; and25
(x) Cargo.26
(C) The items described in subdivision (a)(2)(B) of this27
section shall be released without charge by the towing and storage firm to28
the owner or operator of the motor vehicle or his or her duly authorized29
representative.30
31
SECTION 3. EMERGENCY CLAUSE. It is found and determined by the General32
Assembly of the State of Arkansas that current law regarding motor vehicle33
towing and storage possessory liens has been interpreted to allow a34
possessory lien on cargo being transported by commercial motor carriers; that35
application of a possessory lien to this cargo imposes undue hardship on the36

 

https://legiscan.com/AR/text/HB1563/id/2729287/Arkansas-2023-HB1563-Draft.pdf

[TowForce]

About Rep. Evans who introduced this House Bill:

Rep. Brian S. Evans is serving his third term in the Arkansas House. He represents District 68 which includes the city of Cabot, as well as portions of Lonoke county.

For the 94th General Assembly, Rep. Evans serves as the Chair of the House Education Committee. He also serves on the House Insurance and Commerce Committee and the Joint Budget Committee. 

Rep. Evans is currently serving his second term on the Cabot Public Schools Board of Education.
He is in Logistics where he serves as President of L&L Freight Services, Inc. and serves as Chairman of the Board of the Transportation Intermediaries Association.
Rep. Evans attended the University of Central Arkansas and Arkansas State University. He was a member of the Sigma Phi Epsilon Fraternity.
He lives in Cabot with his wife and two children.

[JackBoon]

My friend in Arkansas told me about this. I hope small towing businesses down there can get the rights they deserve.