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Senate deadlocks on tow-operator payment bill; critics call language flawed, senators later indefinitely postpone measure
Summary
House Bill 223, which would have required motor vehicle insurance policies to cover reasonable towing, recovery and debris-cleanup costs for commercial tow operators, failed on the floor (24-26) and was then indefinitely postponed by the Senate (39-9). Debate centered on drafting flaws, potential premium impacts and alternative remedies.
Senator Dunwell, the bill’s carrier, introduced House Bill 223 as a measure intended to ensure tow-truck operators receive payment for towing, recovery and debris cleanup after crashes. Dunwell said the bill "provides reasonable costs for the cost of towing, recovery, and cleaning up debris after crashes" and argued tow companies frequently go unpaid and lack efficient administrative remedies.
Opponents, including Senator Olson, called the bill poorly drafted and warned it could "cannibalize" policy limits — meaning that specific coverage for towing could exhaust policy limits that otherwise would pay for vehicle or personal-injury claims. Olson urged alternatives such as a commissioner’s guidance letter or administrative fixes and said the bill could create new problems while addressing a real issue.
Other senators raised fiscal concerns. Senator Emmerich argued it would add another rider and increase premiums; Senator Temple said the highway patrol did not support the bill as drafted. Supporters, including Senator Phelan and Senator Usher, said insurance companies already have obligations and that bad-faith actors needed to be addressed.
On the concurrence vote the clerk recorded 24 yeas and 26 nays; the motion to concur failed. The majority leader then moved to indefinitely postpone House Bill 223; that motion passed 39-9. The file is effectively shelved pending further drafting or agency action.
