Rep. Mark Strong
Official bill purpose:
This bill provides certain protections for an owner or lien holder of a towed vehicle if proper notice has not been provided to the owner or lien holder.
Highlighted Provisions: This bill:
- Provides that, for a private-property tow, a possessory lien related to a vehicle that has been towed is not enforceable if required notice was not properly provided to the owner or lien holder;
- Allows an owner or a lien holder to take possession of a vehicle without paying towing or storage fees if notice was not properly given;
- If an owner claims notice was not properly provided, creates a presumption of improper notice that may be rebutted by presenting, as applicable;
- Time-stamped evidence that notice was properly provided to the Motor Vehicle Division; or
- Evidence that notice was sent via certified mail;
- Allows a party prevailing in an action related to lack of notice to be awarded attorney fees;
- Authorizes the Department of Transportation to make rules to establish the process for an owner or a lien holder to make a claim for release of a vehicle; and
- Makes technical changes.
Read bill details on the official state site. Association notes/why we’re tracking this:
This is a bill that we have worked with Rep. Strong to create. The idea for the bill came out of a Collections @Lunch Networking meeting we held earlier in 2025, in which credit union attendees expressed frustration with towing companies. Credit union experience is that sometimes towing companies do not give timely notice to credit unions that they have the car. This eventually leads to large bills that the credit union must pay to obtain the car.
Towing companies are already required to provide notice to the credit union. This bill adds a provision that if they do not, they cannot charge the credit union any fees. We feel that the bill is fair: if the towing companies are already providing adequate notice, they will have no problems and will fairly earn their income. If they do not follow the already-established law, they cannot earn their fee.
Association posture on the bill: Support for passage