Full Text of SB3751 101st General Assembly
SB3751 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3751 Introduced 2/14/2020, by Sen. Antonio Muñoz SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that if, while at the scene of a disabled vehicle, the law enforcement officer allows the owner or operator of the disabled vehicle to select a towing service to relocate the disable vehicle, the selected towing service shall appear on the law enforcement agency's tow rotation list.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 4-203.5 as follows: | 6 | | (625 ILCS 5/4-203.5) | 7 | | Sec. 4-203.5. Tow rotation list. | 8 | | (a) Each law enforcement agency whose duties include the | 9 | | patrol of highways in this State shall maintain a tow rotation | 10 | | list which shall be used by law enforcement officers | 11 | | authorizing the tow of a vehicle within the jurisdiction of the | 12 | | law enforcement agency. To ensure adequate response time, a law | 13 | | enforcement agency may maintain multiple tow rotation lists, | 14 | | with each tow rotation list covering tows authorized in | 15 | | different geographic locations within the jurisdiction of the | 16 | | law enforcement agency. A towing service may be included on | 17 | | more than one tow rotation list. | 18 | | (b) Any towing service operating within the jurisdiction of | 19 | | a law enforcement agency may submit an application in a form | 20 | | and manner prescribed by the law enforcement agency for | 21 | | inclusion on the law enforcement agency's tow rotation list. | 22 | | The towing service does not need to be located within the | 23 | | jurisdiction of the law enforcement agency. To be included on a |
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| 1 | | tow rotation list the towing service must meet the following | 2 | | requirements: | 3 | | (1) possess a license permitting the towing service to | 4 | | operate in every unit of local government in the law | 5 | | enforcement agency's jurisdiction that requires a license | 6 | | for the operation of a towing service; | 7 | | (2) if required by the law enforcement agency for | 8 | | inclusion on that law enforcement agency's tow rotation | 9 | | list, each owner of the towing service and each person | 10 | | operating a vehicle on behalf of the towing service shall | 11 | | submit his or her fingerprints to the Department of State | 12 | | Police in the form and manner prescribed by the Department | 13 | | of State Police. These fingerprints should be transmitted | 14 | | through a live scan fingerprint vendor licensed by the | 15 | | Department of Financial and Professional Regulation. These | 16 | | fingerprints shall be checked against the fingerprint | 17 | | records now and hereafter filed in the Department of State | 18 | | Police and Federal Bureau of Investigation criminal | 19 | | history records databases. The Department of State Police | 20 | | shall charge a fee for conducting the criminal history | 21 | | record check, which shall be deposited in the State Police | 22 | | Services Fund and shall not exceed the actual cost of the | 23 | | State and national criminal history record check. The | 24 | | Department of State Police shall furnish, pursuant to | 25 | | positive identification, all Illinois conviction | 26 | | information to the law enforcement agency maintaining the |
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| 1 | | tow rotation list and shall forward the national criminal | 2 | | history record information to the law enforcement agency | 3 | | maintaining the tow rotation list. A person may not own a | 4 | | towing service or operate a vehicle on behalf of a towing | 5 | | service included on a tow rotation list if that person has | 6 | | been convicted during the 5 years preceding the application | 7 | | of a criminal offense involving one or more of the | 8 | | following: | 9 | | (A) bodily injury or attempt to inflict bodily | 10 | | injury to another person; | 11 | | (B) theft of property or attempted theft of | 12 | | property; or | 13 | | (C) sexual assault or attempted sexual assault of | 14 | | any kind; | 15 | | (3) each person operating a vehicle on behalf of the | 16 | | towing service must be classified for the type of towing | 17 | | operation he or she shall be performing and the vehicle he | 18 | | or she shall be operating; | 19 | | (4) possess and maintain the following insurance in | 20 | | addition to any other insurance required by law: | 21 | | (A) comprehensive automobile liability insurance | 22 | | with a minimum combined single limit coverage of | 23 | | $1,000,000; | 24 | | (B) commercial general liability insurance with | 25 | | limits of not less than $1,000,000 per occurrence, | 26 | | $100,000 minimum garage keepers legal liability |
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| 1 | | insurance, and $100,000 minimum on-hook coverage or | 2 | | cargo insurance; and | 3 | | (C) a worker's compensation policy covering every | 4 | | person operating a tow truck on behalf of the towing | 5 | | service, if required under current law; | 6 | | (5) possess a secure parking lot used for short-term | 7 | | vehicle storage after a vehicle is towed that is open | 8 | | during business hours and is equipped with security | 9 | | features as required by the law enforcement agency; | 10 | | (6) utilize only vehicles that possess a valid vehicle | 11 | | registration, display a valid Illinois license plate in | 12 | | accordance with Section 5-202 of this Code, and comply with | 13 | | the weight requirements of this Code; | 14 | | (7) every person operating a towing or recovery vehicle | 15 | | on behalf of the towing service must have completed a | 16 | | Traffic Incident Management Training Program approved by | 17 | | the Department of Transportation; | 18 | | (8) hold a valid authority issued to it by the Illinois | 19 | | Commerce Commission; | 20 | | (9) comply with all other applicable federal, State, | 21 | | and local laws; and | 22 | | (10) comply with any additional requirements the | 23 | | applicable law enforcement agency deems necessary. | 24 | | The law enforcement agency may select which towing services | 25 | | meeting the requirements of this subsection (b) shall be | 26 | | included on a tow rotation list. The law enforcement agency may |
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| 1 | | choose to have only one towing service on its tow rotation | 2 | | list. Complaints regarding the process for inclusion on a tow | 3 | | rotation list or the use of a tow rotation list may be referred | 4 | | in writing to the head of the law enforcement agency | 5 | | administering that tow rotation list. The head of the law | 6 | | enforcement agency shall make the final determination as to | 7 | | which qualified towing services shall be included on a tow | 8 | | rotation list, and shall not be held liable for the exclusion | 9 | | of any towing service from a tow rotation list. | 10 | | (c) Whenever a law enforcement officer initiates a tow of a | 11 | | vehicle, the officer shall contact his or her law enforcement | 12 | | agency and inform the agency that a tow has been authorized. | 13 | | The law enforcement agency shall then select a towing service | 14 | | from the law enforcement agency's tow rotation list | 15 | | corresponding to the geographical area where the tow was | 16 | | authorized, and shall contact that towing service directly by | 17 | | phone, computer, or similar means. Towing services shall be | 18 | | contacted in the order listed on the appropriate tow rotation | 19 | | list, at which point the towing service shall be placed at the | 20 | | end of that tow rotation list. In the event a listed towing | 21 | | service is not available, the next listed towing service on | 22 | | that tow rotation list shall be contacted. | 23 | | (d) A law enforcement agency may deviate from the order | 24 | | listed on a tow rotation list if the towing service next on | 25 | | that tow rotation list is, in the judgment of the authorizing | 26 | | officer or the law enforcement agency making the selection, |
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| 1 | | incapable of or not properly equipped for handling a specific | 2 | | task related to the tow that requires special skills or | 3 | | equipment. A deviation from the order listed on the tow | 4 | | rotation list for this reason shall not cause a loss of | 5 | | rotation turn by the towing service determined to be incapable | 6 | | or not properly equipped for handling the request. | 7 | | (e) In the event of an emergency a law enforcement officer | 8 | | or agency, taking into account the safety and location of the | 9 | | situation, may deviate from the order of the tow rotation list | 10 | | and obtain towing service from any source deemed appropriate. | 11 | | (f) If the owner or operator of a disabled vehicle is | 12 | | present at the scene of the disabled vehicle, is not under | 13 | | arrest, and does not abandon his or her vehicle, and in the law | 14 | | enforcement officer's opinion the disabled vehicle is not | 15 | | impeding or obstructing traffic, illegally parked, or posing a | 16 | | security or safety risk, the law enforcement officer shall | 17 | | allow the owner of the vehicle to specify a towing service to | 18 | | relocate the disabled vehicle , but the selected towing service | 19 | | shall appear on the law enforcement agency's tow rotation list . | 20 | | If the owner chooses not to specify a towing service, the law | 21 | | enforcement agency shall select a towing service for the | 22 | | vehicle as provided in subsection (c) of this Section. | 23 | | (g) If a tow operator is present or arrives where a tow is | 24 | | needed and it has not been requested by the law enforcement | 25 | | agency or the owner or operator, the law enforcement officer, | 26 | | unless acting under Section 11-1431 of this Code, shall advise |
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| 1 | | the tow operator to leave the scene. | 2 | | (h) Nothing contained in this Section shall apply to a law | 3 | | enforcement agency having jurisdiction solely over a | 4 | | municipality with a population over 1,000,000.
| 5 | | (Source: P.A. 99-438, eff. 1-1-16 .)
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