AWC served on the 2022 legislative workgroup tasked with assessing the decision in City of Seattle v. Long (2021) and the need for any legislated changes. We support the recommendations in the report addressing changes to ensure vehicles used as a primary residence are claimed by the occupant as soon as possible.

However, cities need to retain the authority to move illegally parked vehicles. Due to the homestead protections afforded by Long, that process is complicated for vehicles that serve as an individual’s primary residence. Cities should not bear the financial responsibility for the storage and towing costs for those found to be indigent; however, it would benefit everyone in the system to avoid the impoundment, and incurred costs, of vehicles used as a residence when feasible.

HB 1240, sponsored by Rep. Strom Peterson (D–Edmonds), is a complex bill that creates additional responsibilities and procedures regarding the impounding of a vehicle used, thought, or claimed to be used as a home, residence, shelter, or homestead, including that a vehicle residence may not be sold at auction. The bill:

• Makes changes to court hearings for all vehicle impounds, including requiring courts to conduct requested hearings on vehicle impounds within two business days and requiring courts to adjust the payment of fees in certain circumstances.
• Requires state and local governments to ensure vehicle residences are impounded as a last resort, to pay storage charges for impounded vehicle residences, and to pay the registered tow truck operator the remaining costs if a court reduces impound or storage fees.

We have the following key concerns:

• Includes provisions impacting all impounds, not just those of a vehicle being used as a primary residence.
• The definition of “vehicle residence” should be limited to vehicles used as a “primary residence” consistent with the Homestead Act.
• Allows for 90 days of storage fees to accrue before the vehicle is deemed abandoned. This requirement significantly impacts the limited space at impound lots. It also appears that storage could extend indefinitely if the individual communicates their intent to retrieve the vehicle from a tow truck operator every 89 days.

As an alternative, we support the approach offered by companion bills HB 1653, sponsored by Rep. Brandy Donaghy (D–Everett), and SB 5484, sponsored by Sen. Mike Chapman (D–Port Angeles), because it addresses the need to remove vehicles from the right-of-way while compensating tow truck operators for doing so from an appropriate funding source. The bills also address the key concern raised by advocates – returning an impounded vehicle used as residence as quickly as possible to an individual. These companion bills accomplish that much faster and simpler with far less public cost.

Date to remember

HB 1653 will be heard in the House Transportation Committee on Monday, February 3 at 4 pm.

SB 5484 will be heard in the Senate Transportation Committee on Thursday, February 6 at 4 pm.