SB 1332 (Marsden) and HB 2214 (McQuinn) as introduced, would repeal the authority for localities to establish trespass towing fees, with exceptions, and require the State Corporation Commission to establish such fees statewide and adjust such fees annually. VACo opposed SB 1332 and HB 2214 as introduced because these bills stripped localities of little authority they currently have to set rates regarding trespass towing.
VACo has worked closely with the patrons and stakeholders to amend the bills to make them more favorable for localities. SB 1332 and HB 2214, as substituted, would allow towing and recovery operators to continue to charge a $20 fuel surcharge fee for each trespass tow, which is a concept continued in these bills from a 2023 law. The bills in their current form would raise the statewide maximum rate for a trespass tow from $150 to $210. The bill further states that no towing and recovery operator is authorized to charge a fuel surcharge fee (as previously mentioned) in any locality in which the governing body of such locality has an ordinance setting limits on fees charged for trespass towing violations. The bills give localities, if they choose to, until December 31, 2025, to conduct a review considering an adjustment of trespass towing fees or establishing such ordinance. Nothing in the bill requires the governing body of a locality to raise any previously set limits or establish any limits.
HB 2214 did not report out of the House Innovations Subcommittee by a vote of 3-4, ending the bill’s chances of moving forward. SB 1332 will continue moving forward as it passed the Senate by a vote of 36-4.
VACo will continue to provide updates as this bill moves throughout the General Assembly.
VACo Contact: James Hutzler