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HB1563

To Amend The Law Concerning The Attachment Of A Possessory Lien Held By A Towing And Storage Firm; And To Declare An Emergency.

Failed

Last Action (May 1, 2023): Died in Senate Committee at Sine Die adjournment.

Sponsors

AI-Generated Summary

House Bill 1563 amends Arkansas law regarding possessory liens held by towing and storage companies after they tow a vehicle. The bill defines 'cargo' as goods and materials transported by a motor carrier. It clarifies that a towing and storage firm's possessory lien does not extend to specific items, including personal documents, medications, child-restraint seats, and cargo. The bill requires towing companies to release these specified items to the owner or operator without charge. Furthermore, it includes an emergency clause, stating that the current practice of applying possessory liens to transported cargo causes economic harm and supply chain delays, necessitating an immediate change to the law upon passage.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries include motor carriers, shippers, cargo brokers, and the owners of the cargo being transported. By exempting cargo from possessory liens, these entities avoid the financial and logistical hardships associated with having their shipments held hostage by towing companies during a vehicle recovery process.

Who Might Suffer?

Towing and storage firms are the primary entities negatively impacted, as they lose the ability to secure their payment for towing, recovery, and storage services through the use of a lien on the cargo transported by the vehicle. This may make it more difficult for these companies to recover costs in cases where the owner or carrier refuses to pay.

Vote Records

Third Reading

March 27, 2023
Yea: 82 Nay: 7 NV: 11 Absent: 0 Passed
View individual votes (100)
Legislator Party Chamber Vote
Fred Allen Democrat House Yea
Lane Jean Republican House Yea
Stephen Meeks Republican House Yea
Mark Perry Democrat House Yea
Jon Eubanks Republican House Yea
Matthew Shepherd Republican House NV
Jeff Wardlaw Republican House NV
Bruce Cozart Republican House Yea
David Whitaker Democrat House Nay
Deborah Ferguson Democrat House Yea
Charlene Fite Republican House Yea
Mike Holcomb Republican House NV
Stephen Magie Democrat House NV
Mark McElroy Republican House Yea
Josh Miller Republican House Yea
Richard Womack Republican House Yea
Jack Ladyman Republican House Yea
Robin Lundstrum Republican House Yea
Dwight Tosh Republican House Yea
Lanny Fite Republican House Yea
Grant Hodges Republican House Yea
Rick Beck Republican House NV
Mary Bentley Republican House Yea
Les Eaves Republican House Yea
Justin Gonzales Republican House NV
Julie Mayberry Republican House Yea
Ken Ferguson Democrat House Yea
Ron Mcnair Republican House NV
Milton Nicks Democrat House NV
Marcus Richmond Republican House Yea
Vivian Flowers Democrat House NV
Deann Vaught Republican House Yea
Karilyn Brown Republican House Yea
Sonia Eubanks Barker Republican House Yea
Frances Cavenaugh Republican House Yea
Jack Fortner Republican House Yea
Jimmie Gazaway Republican House Yea
Roger Lynch Republican House Yea
John Maddox Republican House Yea
Aaron Pilkington Republican House Yea
Johnny Rye Republican House Yea
Les Warren Republican House Yea
Danny Watson Republican House NV
Carlton Wing Republican House Yea
Austin Mccollum Republican House Yea
Carol Dalby Republican House Yea
Steve Hollowell Republican House Yea
Brian Evans Republican House Yea
Lee Johnson Republican House Yea
Andrew Collins Democrat House Yea
Stan Berry Republican House Yea
Harlan Breaux Republican House Yea
Cameron Cooper Republican House Yea
Nicole Clowney Democrat House Yea
Cindy Crawford Republican House Yea
Denise Garner Democrat House Yea
Tippi McCullough Democrat House Yea
Jay Richardson Democrat House Yea
Jamie Scott Democrat House Yea
Jim Wooten Republican House Yea
Denise Ennett Democrat House Nay
Richard McGrew Republican House Yea
Joy Springer Democrat House Nay
Howard Beaty Republican House Yea
Tony Furman Republican House Yea
Kendon Underwood Republican House Yea
David Ray Republican House Yea
Mark Berry Republican House Yea
John Carr Republican House Yea
Rick McClure Republican House Yea
Keith Brooks Republican House Yea
Delia Haak Republican House Yea
Ashley Hudson Democrat House Yea
Jon Milligan Republican House Yea
RJ Hawk Republican House Yea
Wade Andrews Republican House Yea
Rebecca Burkes Republican House Yea
DeAnna Hodges Republican House Yea
Hope Duke Republican House Yea
Zack Gramlich Republican House Yea
Mindy McAlindon Republican House Yea
Matt Duffield Republican House Nay
Stetson Painter Republican House Yea
Steve Unger Republican House Yea
Wayne Long Republican House Yea
Scott Richardson Republican House Yea
Brandon Achor Republican House Yea
Jeremiah Moore Republican House Yea
Joey Carr Republican House Yea
Matt Brown Republican House Yea
Shad Pearce Republican House Yea
Chad Puryear Republican House Yea
Ryan Rose Republican House Yea
Bart Schulz Republican House Nay
Trey Steimel Republican House Yea
Tara Shephard Democrat House NV
Jeremy Wooldridge Republican House Nay
Kendra Moore Republican House Yea
Brit McKenzie Republican House Yea
Steven Walker Republican House Nay
Read Full Bill on arkleg.state.ar.us