As Reported by the House Transportation and Public Safety Committee

133rd General Assembly

Regular Session Sub. H. B. No. 113

2019-2020

Representative Patton

Cosponsors: Representatives Hood, Riedel, Schaffer, West, Green, Sheehy, Miranda, O'Brien

A BILL

To amend section 4513.612 of the Revised Code to prohibit a private towing service from employing or compensating spotters.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 4513.612 of the Revised Code be amended to read as follows:

Sec. 4513.612. (A) As used in this section, "spotter" means a person whose task is to report the presence of unauthorized parked vehicles for purposes of towing, removal, or impounding. "Spotter" does not include a law enforcement officer as defined in section 2901.01 of the Revised Code who, in the performance of the officer's duties, is tasked with reporting the presence of such vehicles for purposes of towing, removal, or impounding.

"Spotter" does not include a private property owner, the owner's agent, or a towing company under contract with the owner in accordance with division (B)(3) of section 4513.601 of the Revised Code, when all of the following apply:

(1) A private tow-away zone is located on the private property owner's property;

(2) The private property owner or the owner's agent requests the towing service to remove a motor vehicle from the private tow-away zone.

(B)(1) No private towing service shall knowingly offer or provide monetary compensation in exchange for the authorization to tow motor vehicles from a specified location or on behalf of the person to whom the towing service offered or provided the compensation.

(2) Division (A)(1) of this section does not prohibit a private towing service from negotiating or reducing towing and storage fees.

(B) (C) No private towing service shall knowingly employ or otherwise compensate or use a spotter.

(D) Whoever violates division (A) (B) of this section is guilty of a minor misdemeanor.

(E) Whoever violates division (C) of this section is guilty of a misdemeanor of the third degree.

Section 2. That existing section 4513.612 of the Revised Code is hereby repealed.