A populist bill in Olympia designed to cap impound rates across the state, while still allowing cities the autonomy to set rates for themselves, has seemingly been hijacked by Washington's nefarious towing lobby. Now, thanks to an amendment recently adopted by the Senate transportation committee, HB 2372 designed to prevent people from being hit with exorbitant $800 towing fees has morphed into a measure that takes away cities' abilities to set impound-rate caps (thereby guaranteeing that towing companies can set those rates themselves) and would set the state cap at roughly $270.

"We want the authority of the city to come in at a lower maximum rate," says Denise Movius, a spokewoman with Seattle's Department of Finance and Administrative Services, which has been tracking the issue.

I know, it is confusing. Let me explain: Currently, individual cities (as well as the state) contract with towing companies to, say, tow cars from public streets if they're parked illegally. The rates those companies can charge people for impounds are capped through a competitive bidding process with the city (or state). However, there's currently no limit on what towing companies can charge someone whose car impounded on private property—like a business parking lot or residence. Those fees, as we've seen can stack up to $800 or more if you want your car back.

So Representative Gerry Pollet (D-Seattle) introduced a bill that would cap towing fees at, roughly, $333 for the impound and first day of storage—while still allowing cities to set lower caps for themselves, if they wished. It passed the House; however, in the Senate's transportation committee this week, Chair Mary Margaret Haugen (D-10) tacked on an amendment that, among other things, includes this pre-emption clause that takes away Seattle's authority to set its own rates:

"The state of Washington fully occupies and preempts the entire field of private property vehicle impound rate regulation within the boundaries of the state. Cities, towns, counties, or other municipalities may enact and adopt only those laws and ordinances relating to private property vehicle impound rate regulation that are consistent with this chapter. Local laws and ordinances that are inconsistent with, are more restrictive than, or exceed the requirements of state law may not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such a city, town, county, or municipality."

Lobbyists representing towing companies in Washington appealed to have the same language included in the original bill but it was stricken after pressure from Seattle city officials. Now it's unclear whether Seattle has the time or the clout to pull the same move again. According to the interwebs, the bill is still in the Senate Rules Committee (although I've heard it's been moved to the floor). The deadline for passing bills on the floor is this Friday at 5:00 pm.

"We don't have an issue with them establishing a statewide rate, but local jurisdictions shouldn't be prevented from issuing lower rates than that," Movius argues. She explains that the $333 $270 (the rate cap changed with the amendment) could be a reasonable cap for Seattle—it's part of her job to figure that out—but towing companies aren't cooperating by giving her the information she needs to do her job. "I've been asking for towing rate data from the towing industry since January," she explains, "and I can't get any information from the industry on what they're currently charging for private impounds."

Instead, they're intent to set their own cap through the state legislature.

In New York City, tow operators can’t collect more than $100 for removal and up to three days of storage per vehicle. In Indianapolis, the cap is set at $150, plus $30 a day for storage (after the first day). If this bill passes as-is, the state cap would be set at $333 $270 for impound and one day of storage.