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Committee approves compromise towing bill HB2001; supporters and towers split over 'lost auto' and predatory towing language

2936221 · April 9, 2025
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Summary

Representative Stetson Painter said HB2001 is a compromise that reconstructs the towing board, caps cargo recovery at 20% and personal property recovery at 5%, and requires complaint instructions on invoices; the committee approved the bill by voice vote.

Representative Stetson Painter (House District 3) said HB2001 is a compromise aimed at restarting reform in the towing industry and asked the committee for a favorable vote. "HB 2,001 is a compromise," Painter told the committee, summarizing the bill’s main elements as restructuring the towing and recovery board, capping cargo recovery at 20 percent and personal property recovery at 5 percent, and requiring that invoices include instructions on how to file a complaint.

Why it matters: The bill affects towing operators, vehicle owners and law enforcement by changing how tows are governed, limiting certain recovery rights and adding invoice transparency; opponents said it omits protections from a previous bill aimed at predatory tows and would prolong consumer harms.

Supporters from the towing industry said the bill offers a practical path forward. Tim Moody of Jay Hook Towing said, "I'm totally for this bill," and urged lawmakers to address tow-operator safety as part of future work. Matthew Ross of Pro Towing and Recovery, a longtime member of the Towing and Recovery Board, described the bill as "a foundation" for broader reform and said industry groups had compiled pricing data: "between the 2 agencies, we've collected over 1,800 pieces of data on pricing for towers in the state of Arkansas." Ross and other supporters said they were prepared to work with the trucking industry and law enforcement to find more comprehensive solutions.

Opponents representing record services and local towers said HB2001 omits key consumer protections that House Bill 1897 included. Tracy Gaffner, owner of Steve's Auto Center in Conway, argued the bill removed language that would curb predatory towing and said the state is not fully using its Lost Auto website, which she described as the intended public registry for towed vehicles. Gaffner said she had documented newspaper-ad costs and compared them to Lost Auto posting: "In 02/2004 I spent $3,600 with the newspaper that could have been avoided if we were 100% using Lost Auto," and she estimated that, statewide, the switch could generate "over $520,000 in revenue annually by using Lost Auto versus using the newspaper ads." Gaffner and other opponents said predatory towing—vehicles taken without clear documentation or timely notice—continues to harm motorists.

Max Pope (introduced in the record as representing Max's Towing and Wrecker Service) said he has operated for four decades and warned that a 5 percent personal-property allowance could hurt small-county towers unless payment guarantees exist: "If we give away this cargo without some kind of guarantee... I lost money." He said many rural counties do not have enough towing volume to sustain multiple providers.

Supporters and opponents also clashed on enforcement and payment: Rep. Painter told the committee he had secured language in Section 4 that requires proof of financial responsibility for the remaining percentage after any partial recovery. "Section 4 of this bill, lines 19 through 25 says, if they give the 20 of the 5, they still have to show and provide financial responsibility for the other 80% or the 95," he said, pointing to provisions intended to protect tow operators from uncompensated costs.

The committee recorded a "do pass" motion and approved HB2001 by voice vote; the transcript records the chair calling for "ayes," hearing none opposed and announcing the bill passes. The record does not include a formal roll‑call tally of individual member votes.

The bill moves the issue into statute as a compromise with an explicit commitment from the sponsor and industry representatives to continue working on a more comprehensive bill in the next legislative cycle.