House panel advances bill requiring on-call availability for private-property tow releases

The House Transportation Committee on May 18 voted to move Senate Bill 431 favorably after testimony from state police and private towing operators about weekend access to vehicles taken in nonconsensual private-property tows.

Senator Foyle, sponsor of the measure as amended in the House, told the committee the bill targets situations where drivers cannot retrieve belongings when their cars are towed on a weekend. "If you do a nonconsensual tow from private property, you should ask someone available over the weekend to answer calls, particularly get their car," he said, explaining the bill would require a towing company to have someone available within 90 minutes of a call so a person can be allowed onto the lot to retrieve possessions. The bill does not mandate businesses remain open, Foyle said; instead it conditions the ability to charge a daily storage fee on having someone available to respond.

The committee heard operational details from Lieutenant John Nelson of the Louisiana State Police Towing and Recovery section, who said current practice is for the owner to pay a gate fee and be shown to the vehicle at the company's yard. "Typically, that will take place at the yard ... there's a gate fee that you'll have to take care of upon arrival, and then they'll show you to the car, release the car to you," Nelson said, adding the bill is intended to create an opportunity for the public to retrieve belongings before the business's next regular opening.

Amy Seals of Riverside Towing testified in opposition, citing safety concerns and the burden on small operators. "For myself, I would be the one coming out in the middle of the night at 3 in the morning or 4 in the morning," Seals said, noting that private-tow operations often rely on office staff, not tow drivers, to release vehicles and that late-night releases can be dangerous. She also said the current Public Service Commission–approved daily storage rate is $34.50 and argued the bill, as written, excludes police-initiated nonconsensual tows and therefore does not address all situations where citizens lack access to their belongings.

Foyle said he worked with state police on the House amendments and was open to further adjustments to address small-operator concerns. After discussion, member Sheriff Wallace moved to report the bill favorably; the motion carried without objection.

The committee approved advancing the bill to the next chamber with the sponsor indicating willingness to consider additional language to narrow or clarify requirements before final passage.