Bill Sponsor
Delaware House Bill 351
Session 152
An Act To Amend Title 21 Of The Delaware Code Relating To The Removal Of Motor Vehicles From Private Or Public Property By Private Tow Companies.
Introduced
Introduced
Introduced in Senate on May 14, 2024
Sponsors
Democrat
Edward S. Osienski
Democrat
Sean Matthews
Democrat
S. Elizabeth Lockman
Democrat
Bryan Townsend
Democrat
Franklin D. Cooke
Unknown
Cyndie Romer
Republican
Brian Pettyjohn
Democrat
John "Jack" Walsh
Democrat
Paul S. Baumbach
Democrat
Nicole Poore
Democrat
Eric Morrison
First Action
Mar 19, 2024
Latest Action
May 14, 2024
Origin Chamber
House
Type
Bill
Bill Number
351
State
Delaware
Session
152
Sponsorship by Party
Republican
Primary
Democrat
Primary
Unknown
Cyndie Romer
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
House Votes (1)
Summary
This Act creates a new chapter in Title 21 pertaining to the towing of vehicles without the consent of the owner or operator. It makes violations of the chapter an unlawful practice enforceable by the Consumer Protection Unit of the Department of Justice. The Act creates the following requirements for the towing and storage of vehicles without the consent of the owner or operator: Photographic evidence must be taken to document the unauthorized parking of a vehicle before it can be towed. Tow companies and storage facilities must publicly display their rates. Towing and storage rates must be reasonable, with reasonableness calculated in relation to the fees imposed by the companies for consensual towing and storage or based on average rates in the county. A maximum total towing and storage rate of $500 is imposed. Tow companies must decouple or drop vehicles that have not been removed from parking areas if the owner returns before removal. The drop fee may not be more than 50% of the tow fee. Storage facilities must be open or accessible to the public from 8 a.m. to 6 p.m. five days a week, and tow companies must make reasonable accommodations to redeem vehicles after-hours. Individuals must be allowed to retrieve at no cost personal belongings from vehicles held in storage. Tow companies and storage facilities must accept credit cards. Where a tow is completed in violation of the chapter, the owner or operator is entitled to both reimbursement of the tow and storage fees as well as damages incurred to retrieve an illegally towed vehicle. Tow companies are liable for property damage sustained due to a non-consensual tow or storage. Tow companies may not patrol for illegally parked cars. Tow companies may not pay or give other benefits to obtain information about cars parked without authorization.
Actions (11)
05/14/2024
Senate
Assigned to Environment, Energy & Transportation Committee in Senate
05/14/2024
House
Passed By House. Votes: 24 YES 14 NO 3 ABSENT
05/14/2024
House
Amendment HA 4 to HB 351 - Passed In House by Voice Vote
05/14/2024
House
Amendment HA 3 to HB 351 - Passed In House by Voice Vote
05/14/2024
House
Amendment HA 2 to HB 351 - Stricken in House
05/14/2024
House
Amendment HA 1 to HB 351 - Stricken in House
05/14/2024
House
Amendment HA 2 to HB 351 - Introduced and Placed With Bill
04/23/2024
House
Reported Out of Committee (Public Safety & Homeland Security) in House with 5 Favorable, 1 On Its Merits
04/18/2024
House
Amendment HA 1 to HB 351 - Introduced and Placed With Bill
03/26/2024
House
Not Enough Signatures to Release
03/19/2024
House
Introduced and Assigned to Public Safety & Homeland Security Committee in House
Sources
Record Created
Mar 19, 2024 7:09:19 PM
Record Updated
May 14, 2024 11:27:17 PM