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


Rep. Robyn Gabel

Filed: 2/18/2022





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2    AMENDMENT NO. ______. Amend House Bill 3124 by replacing
3everything after the enacting clause with the following:
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



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1more than one tow rotation list.
2    (b) Any towing service operating within the jurisdiction
3of a law enforcement agency may submit an application in a form
4and manner prescribed by the law enforcement agency for
5inclusion on the law enforcement agency's tow rotation list.
6The towing service does not need to be located within the
7jurisdiction of the law enforcement agency. To be included on
8a tow rotation list the towing service must meet the following
10        (1) possess a license permitting the towing service to
11    operate in every unit of local government in the law
12    enforcement agency's jurisdiction that requires a license
13    for the operation of a towing service;
14        (2) if required by the law enforcement agency for
15    inclusion on that law enforcement agency's tow rotation
16    list, each owner of the towing service and each person
17    operating a vehicle on behalf of the towing service shall
18    submit his or her fingerprints to the Illinois State
19    Police in the form and manner prescribed by the Illinois
20    State Police. These fingerprints should be transmitted
21    through a live scan fingerprint vendor licensed by the
22    Department of Financial and Professional Regulation. These
23    fingerprints shall be checked against the fingerprint
24    records now and hereafter filed in the Illinois State
25    Police and Federal Bureau of Investigation criminal
26    history records databases. The Illinois State Police shall



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1    charge a fee for conducting the criminal history record
2    check, which shall be deposited in the State Police
3    Services Fund and shall not exceed the actual cost of the
4    State and national criminal history record check. The
5    Illinois State Police shall furnish, pursuant to positive
6    identification, all Illinois conviction information to the
7    law enforcement agency maintaining the tow rotation list
8    and shall forward the national criminal history record
9    information to the law enforcement agency maintaining the
10    tow rotation list. A person may not own a towing service or
11    operate a vehicle on behalf of a towing service included
12    on a tow rotation list if that person has been convicted
13    during the 5 years preceding the application of a criminal
14    offense involving one or more of the following:
15            (A) bodily injury or attempt to inflict bodily
16        injury to another person;
17            (B) theft of property or attempted theft of
18        property; or
19            (C) sexual assault or attempted sexual assault of
20        any kind;
21        (3) each person operating a vehicle on behalf of the
22    towing service must be classified for the type of towing
23    operation he or she shall be performing and the vehicle he
24    or she shall be operating;
25        (4) possess and maintain the following insurance in
26    addition to any other insurance required by law:



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1            (A) comprehensive automobile liability insurance
2        with a minimum combined single limit coverage of
3        $1,000,000;
4            (B) commercial general liability insurance with
5        limits of not less than $1,000,000 per occurrence,
6        $100,000 minimum garage keepers legal liability
7        insurance, and $100,000 minimum on-hook coverage or
8        cargo insurance; and
9            (C) a worker's compensation policy covering every
10        person operating a tow truck on behalf of the towing
11        service, if required under current law;
12        (5) possess a secure parking lot used for short-term
13    vehicle storage after a vehicle is towed that is open
14    during business hours and is equipped with security
15    features as required by the law enforcement agency;
16        (6) utilize only vehicles that possess a valid vehicle
17    registration, display a valid Illinois license plate in
18    accordance with Section 5-202 of this Code, and comply
19    with the weight requirements of this Code;
20        (7) every person operating a towing or recovery
21    vehicle on behalf of the towing service must have
22    completed a Traffic Incident Management Training Program
23    approved by the Department of Transportation;
24        (8) hold a valid authority issued to it by the
25    Illinois Commerce Commission;
26        (9) comply with all other applicable federal, State,



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1    and local laws; and
2        (10) comply with any additional requirements the
3    applicable law enforcement agency deems necessary.
4    The law enforcement agency may select which towing
5services meeting the requirements of this subsection (b) shall
6be included on a tow rotation list. The law enforcement agency
7may choose to have only one towing service on its tow rotation
8list. Complaints regarding the process for inclusion on a tow
9rotation list or the use of a tow rotation list may be referred
10in writing to the head of the law enforcement agency
11administering that tow rotation list. The head of the law
12enforcement agency shall make the final determination as to
13which qualified towing services shall be included on a tow
14rotation list, and shall not be held liable for the exclusion
15of any towing service from a tow rotation list.
16    (c) Whenever a law enforcement officer initiates a tow of
17a vehicle, the officer shall contact his or her law
18enforcement agency and inform the agency that a tow has been
19authorized. The law enforcement agency shall then select a
20towing service from the law enforcement agency's tow rotation
21list corresponding to the geographical area where the tow was
22authorized, and shall contact that towing service directly by
23phone, computer, or similar means. Towing services shall be
24contacted in the order listed on the appropriate tow rotation
25list, at which point the towing service shall be placed at the
26end of that tow rotation list. In the event a listed towing



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1service is not available, the next listed towing service on
2that tow rotation list shall be contacted.
3    (d) A law enforcement agency may deviate from the order
4listed on a tow rotation list if the towing service next on
5that tow rotation list is, in the judgment of the authorizing
6officer or the law enforcement agency making the selection,
7incapable of or not properly equipped for handling a specific
8task related to the tow that requires special skills or
9equipment. A deviation from the order listed on the tow
10rotation list for this reason shall not cause a loss of
11rotation turn by the towing service determined to be incapable
12or not properly equipped for handling the request.
13    (e) In the event of an emergency a law enforcement officer
14or agency, taking into account the safety and location of the
15situation, may deviate from the order of the tow rotation list
16and obtain towing service from any source deemed appropriate.
17    (f) If the owner or operator of a disabled vehicle is
18present at the scene of the disabled vehicle, is not under
19arrest, and does not abandon his or her vehicle, and in the law
20enforcement officer's opinion the disabled vehicle is not
21impeding or obstructing traffic, illegally parked, or posing a
22security or safety risk, the law enforcement officer shall
23allow the owner of the vehicle to specify a towing service to
24relocate the disabled vehicle. If the owner chooses not to
25specify a towing service, the law enforcement agency shall
26select a towing service for the vehicle as provided in



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1subsection (c) of this Section.
2    (g) If a tow operator is present or arrives where a tow is
3needed and it has not been requested by the law enforcement
4agency or the owner or operator, the law enforcement officer,
5unless acting under Section 11-1431 of this Code, shall advise
6the tow operator to leave the scene.
7    (h) (Blank). Nothing contained in this Section shall apply
8to a law enforcement agency having jurisdiction solely over a
9municipality with a population over 1,000,000.
10(Source: P.A. 102-538, eff. 8-20-21.)".