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Legislative Year: 2024 Change
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Bill Detail: HB24-1051

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Title Towing Carrier Regulation
Status House Committee on Finance Refer Amended to Appropriations (03/25/2024)
Bill Subjects
  • Business & Economic Development
  • Transportation & Motor Vehicles
House Sponsors A. Boesenecker (D)
T. Mauro (D)
Senate Sponsors K. Priola (D)
L. Cutter (D)
House Committee Transportation, Housing and Local Government
Senate Committee
Date Introduced 01/10/2024
Summary

Transportation Legislation Review Committee. The bill
requires a driver of tow trucks to undergo a fingerprint-based criminal
history record check (check). If the check produces a criminal history that
the public utilities commission (commission) determines is inappropriate
to drive a tow truck, the driver will not be permitted to drive the tow
truck.
Current law authorizes the commission to deny or refuse to renew
a towing carrier permit if:
  • The towing carrier was convicted within the last 5 years of
a felony or a towing-related offense or has failed to satisfy
a civil penalty imposed by the commission; or
  • The commission determines that it is not in the public
interest for the towing carrier to hold a towing carrier
permit.
The bill:
  • Authorizes the commission to suspend or revoke a permit
for each of these specified violations;
  • Authorizes the commission to suspend or revoke a permit
if it is not in the public interest for the towing carrier to
hold a towing permit; and
  • Sets a rebuttable presumption that it is not in the public
interest for a towing carrier to hold a permit if the towing
carrier has violated the towing laws.
The bill prohibits a member of the towing task force in the
department of regulatory agencies, which advises the commission on
towing matters, from voting on a matter that will financially benefit the
member or if the member is the subject of a complaint about which the
task force is advising the commission.
Current law requires the commission to report certain towing
issues and financial information to certain committees of the Senate and
House of Representatives of the general assembly. The bill requires the
commission to promulgate a rule to require towing carriers to provide:
  • Any information needed to prepare the report;
  • Audited financial statements; and
  • Any other information required by the commission.
The bill directs the commission to aggregate and anonymize the financial
statements and make the aggregated and anonymized data publicly
available.
A towing carrier is forbidden from patrolling or monitoring
property to enforce parking restrictions on behalf of the property owner.
Currently, the owner of a motor vehicle pays to retrieve the motor
vehicle when the vehicle has been nonconsensually towed from another
person's property. The bill requires certain property owners to pay for the
removal of the vehicle from their property and for any storage for the first
30 days. The towing carrier is required to notify the vehicle owner that
the vehicle owner can retrieve the vehicle free of charge for the first 30
days.
If a motor vehicle is nonconsensually towed in violation of the
rights granted in state statute, the towing carrier must, within 48 hours
after the determination of a statutory violation, return the vehicle to the
place it was towed from.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (03/12/2024) (most recent)  
Additional Bill Documents Bill Documents
Including:
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  • Past fiscal notes
  • Committee activity and documents
  • Bill History
 
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