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Clean-up bill tightens towing lien language as operators warn of unpaid cargo, trucking industry raises consumer and safety concerns
Summary
Senate Bill 113 would clarify which items are exempt from tow-and-storage liens to help tow operators recover unpaid bills on commercial loads. Tow companies cited high unpaid rates and disposal costs; trucking industry witnesses warned of unintended consequences for perishable cargo and privacy of records.
Senate Bill 113, presented by Senator Mike Yakawich, is billed as a cleanup of towing and storage lien exemptions intended to make clear which types of food, consumer goods and records are exempt from liens. Yakawich said the change aims to ensure tow operators are fairly paid when they recover cargo from wrecks or abandoned loads.
Scott Wolf, president of the Montana Tow Truck Association and owner of Iron Horse Towing in Missoula, told the committee the lien law is used but needs wording changes to prevent insurers or brokers from reclaiming cargo without paying towers. "In 2023...42% of what we towed for law enforcement was never paid for," Wolf said, arguing the revisions would allow towers to place liens on higher-value commercial cargo while still permitting retrieval of perishable or necessary items by vehicle owners.
Multiple tow operators described long cleanups, large unreimbursed loads and legal fights with brokers and foreign carriers. Witnesses gave examples of storage and disposal costs: common storage rates cited were $95 per day for passenger vehicles and $150 per day for commercial vehicles; disposal of a full-size refrigerated (reefer) trailer can run roughly $1,500–$2,000 depending on landfill fees and processing.
Opponents from the trucking industry, including Duane Williams, urged caution. They said adding food and certain records to lienable items could cause perishable goods to spoil if towers lack proper refrigerated storage, and they flagged privacy and access concerns if towers could retain originals of business or personal records. Williams and others suggested dispute-resolution processes like the Ohio model—requiring payment of undisputed portions and posting a bond for disputed amounts—so cargo could be released quickly while disagreements are adjudicated.
Committee members asked about the scale of unpaid bills, enforcement tools, the tow-truck complaint resolution board and possible targeted amendments to protect consumers and address bad actors. Senator Yakawich closed by emphasizing the bill's narrow scope as a cleanup and indicating openness to amendments; no committee vote was recorded at the hearing's close.
The hearing produced no formal committee action; several members signaled interest in amendments to minimize unintended consequences for perishable cargo and personal records.
