Illinois General Assembly - Full Text of HB3124
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Full Text of HB3124  102nd General Assembly




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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by
5changing 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
9patrol of highways in this State shall maintain a tow rotation
10list which shall be used by law enforcement officers
11authorizing the tow of a vehicle within the jurisdiction of
12the law enforcement agency. To ensure adequate response time,
13a law enforcement agency may maintain multiple tow rotation
14lists, with each tow rotation list covering tows authorized in
15different geographic locations within the jurisdiction of the
16law enforcement agency. A towing service may be included on
17more than one tow rotation list.
18    (b) Any towing service operating within the jurisdiction
19of a law enforcement agency may submit an application in a form
20and manner prescribed by the law enforcement agency for
21inclusion on the law enforcement agency's tow rotation list.
22The towing service does not need to be located within the
23jurisdiction of the law enforcement agency. To be included on



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1a tow rotation list the towing service must meet the following
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 Illinois State
12    Police in the form and manner prescribed by the Illinois
13    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 Illinois State
18    Police and Federal Bureau of Investigation criminal
19    history records databases. The Illinois State Police shall
20    charge a fee for conducting the criminal history record
21    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    Illinois State Police shall furnish, pursuant to positive
25    identification, all Illinois conviction information to the
26    law enforcement agency maintaining the tow rotation list



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1    and shall forward the national criminal history record
2    information to the law enforcement agency maintaining the
3    tow rotation list. A person may not own a towing service or
4    operate a vehicle on behalf of a towing service included
5    on a tow rotation list if that person has been convicted
6    during the 5 years preceding the application of a criminal
7    offense involving one or more of the following:
8            (A) bodily injury or attempt to inflict bodily
9        injury to another person;
10            (B) theft of property or attempted theft of
11        property; or
12            (C) sexual assault or attempted sexual assault of
13        any kind;
14        (3) each person operating a vehicle on behalf of the
15    towing service must be classified for the type of towing
16    operation he or she shall be performing and the vehicle he
17    or she shall be operating;
18        (4) possess and maintain the following insurance in
19    addition to any other insurance required by law:
20            (A) comprehensive automobile liability insurance
21        with a minimum combined single limit coverage of
22        $1,000,000;
23            (B) commercial general liability insurance with
24        limits of not less than $1,000,000 per occurrence,
25        $100,000 minimum garage keepers legal liability
26        insurance, and $100,000 minimum on-hook coverage or



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1        cargo insurance; and
2            (C) a worker's compensation policy covering every
3        person operating a tow truck on behalf of the towing
4        service, if required under current law;
5        (5) possess a secure parking lot used for short-term
6    vehicle storage after a vehicle is towed that is open
7    during business hours and is equipped with security
8    features as required by the law enforcement agency;
9        (6) utilize only vehicles that possess a valid vehicle
10    registration, display a valid Illinois license plate in
11    accordance with Section 5-202 of this Code, and comply
12    with the weight requirements of this Code;
13        (7) every person operating a towing or recovery
14    vehicle on behalf of the towing service must have
15    completed a Traffic Incident Management Training Program
16    approved by the Department of Transportation;
17        (8) hold a valid authority issued to it by the
18    Illinois Commerce Commission;
19        (9) comply with all other applicable federal, State,
20    and local laws; and
21        (10) comply with any additional requirements the
22    applicable law enforcement agency deems necessary.
23    The law enforcement agency may select which towing
24services meeting the requirements of this subsection (b) shall
25be included on a tow rotation list. The law enforcement agency
26may choose to have only one towing service on its tow rotation



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1list. Complaints regarding the process for inclusion on a tow
2rotation list or the use of a tow rotation list may be referred
3in writing to the head of the law enforcement agency
4administering that tow rotation list. The head of the law
5enforcement agency shall make the final determination as to
6which qualified towing services shall be included on a tow
7rotation list, and shall not be held liable for the exclusion
8of any towing service from a tow rotation list.
9    (c) Whenever a law enforcement officer initiates a tow of
10a vehicle, the officer shall contact his or her law
11enforcement agency and inform the agency that a tow has been
12authorized. The law enforcement agency shall then select a
13towing service from the law enforcement agency's tow rotation
14list corresponding to the geographical area where the tow was
15authorized, and shall contact that towing service directly by
16phone, computer, or similar means. Towing services shall be
17contacted in the order listed on the appropriate tow rotation
18list, at which point the towing service shall be placed at the
19end of that tow rotation list. In the event a listed towing
20service is not available, the next listed towing service on
21that tow rotation list shall be contacted.
22    (d) A law enforcement agency may deviate from the order
23listed on a tow rotation list if the towing service next on
24that tow rotation list is, in the judgment of the authorizing
25officer or the law enforcement agency making the selection,
26incapable of or not properly equipped for handling a specific



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1task related to the tow that requires special skills or
2equipment. A deviation from the order listed on the tow
3rotation list for this reason shall not cause a loss of
4rotation turn by the towing service determined to be incapable
5or not properly equipped for handling the request.
6    (e) In the event of an emergency a law enforcement officer
7or agency, taking into account the safety and location of the
8situation, may deviate from the order of the tow rotation list
9and obtain towing service from any source deemed appropriate.
10    (f) If the owner or operator of a disabled vehicle is
11present at the scene of the disabled vehicle, is not under
12arrest, and does not abandon his or her vehicle, and in the law
13enforcement officer's opinion the disabled vehicle is not
14impeding or obstructing traffic, illegally parked, or posing a
15security or safety risk, the law enforcement officer shall
16allow the owner of the vehicle to specify a towing service to
17relocate the disabled vehicle. If the owner chooses not to
18specify a towing service, the law enforcement agency shall
19select a towing service for the vehicle as provided in
20subsection (c) of this Section.
21    (g) If a tow operator is present or arrives where a tow is
22needed and it has not been requested by the law enforcement
23agency or the owner or operator, the law enforcement officer,
24unless acting under Section 11-1431 of this Code, shall advise
25the tow operator to leave the scene.
26    (h) (Blank). Nothing contained in this Section shall apply



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1to a law enforcement agency having jurisdiction solely over a
2municipality with a population over 1,000,000.
3(Source: P.A. 102-538, eff. 8-20-21.)