10/01/2024
It's Official! Arizona has towing!
Background on HB2087
The journey to this success began in June of 2023 with the collaboration of Triadvocates, AZSA’s dedicated lobbyist, and the National Self Storage Association (SSA). We listened to your concerns and made it our priority to advocate for this law. A generous grant from the SSA played a crucial role in making this initiative possible.
The bill was passed by a bipartisan vote in the Arizona legislature in April of 2024 and was officially announced at our 2024 Conference. This achievement is a testament to the hard work and strategic planning by Triadvocates’ Barb Meaney, Freddy Soto, and the SSA’s Joe Doherty, who diligently met with legislators to ensure the bill's success.
Key Provisions Liability Cap:
The bill allows the rental agreement to set a limit on the value of the property stored by the occupant, which will be deemed the maximum value for all purposes.
Actual HB Language:
"D. The rental agreement may provide for a limit on the value of the property that is stored by the occupant on the premises, and that limit is deemed to be the maximum value of stored property for all purposes.“
Towing:
If an occupant is in default for more than 30 days and their property includes a vehicle, watercraft, or trailer, the operator may now contract with a towing company to remove the property.
A notice must be sent to the occupant at least 10 days before the towing company removes the property. This notice must include the name, address, and telephone number of the towing company and offer the occupant an opportunity to cure the default.
Once the property is removed by the towing company, the operator is no longer liable to the occupant or any other claimant.
Actual HB Language:
"E. If the personal property includes a vehicle, watercraft, or trailer and the occupant is in default for more than thirty days, the operator may contract with a towing company to remove the property. At least ten days before the towing company removes the property, the operator must send notice by verified mail or email to the occupant at the occupant's last known address. The notice shall provide the name, address, and telephone number of the towing company that will remove the property if the occupant does not cure the default by the date prescribed in the notice. On receipt of the property by the towing company, the operator is not liable to the occupant or any other person who claims an interest in the property.
Next Steps:
To ensure our members are fully prepared to implement these new provisions, we have developed a towing protocol document and a tow company notice template, available for download below. We encourage all members to review these resources to comply with the new requirements effectively.
We value your continued support and dedication to AZSA. If you have any questions or comments about the new law, please reach out, and we will include responses in an FAQ update bulletin in the coming weeks.
November Lien Law Webinar
Stay informed with the most up-to-date Arizona legal and lien law changes by registering for our November 12, 2024, Lien Law Webinar featuring industry legal expert Jeff Greenberger. This webinar is sponsored by AZSA’s 2024 Turquoise Corporate sponsors.
Other Towing-related Events
AZSA will also participate in the Arizona Professional Towing & Recovery Association’s (APTRA) National Move Over Day event on October 19th at the Universal Technical Institute in Avondale, AZ. We will use this opportunity to educate towing companies on the new law and establish connections with reputable towing companies for our AZSA members.