2003 Legislation
Print Friendly

HOUSE BILL NO. 205 – Wreckers/tow trucks, list, ISP

HOUSE BILL NO. 205

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0205............................................by TRANSPORTATION AND DEFENSE
WRECKERS - TOW TRUCKS - Adds to and amends existing law to provide for a
rotation list for wreckers or tow trucks to be maintained by the Idaho State
Police; to provide procedures; to provide penalties; and to provide rules.
                                                                        
02/07    House intro - 1st rdg - to printing
02/10    Rpt prt - to Transp

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 205
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE IDAHO STATE POLICE AND WRECKERS OR TOW TRUCKS; AMENDING  CHAP-
  3        TER  29,  TITLE  67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-2903,
  4        IDAHO CODE, TO PROVIDE FOR  A ROTATION LIST FOR WRECKERS OR TOW TRUCKS  TO
  5        BE  MAINTAINED BY THE STATE POLICE, TO PROVIDE PROCEDURES, TO PROVIDE PEN-
  6        ALTIES AND TO PROVIDE RULES; AMENDING SECTION 49-1803, IDAHO CODE, TO PRO-
  7        VIDE FOR VEHICLES TO BE STORED IN A SUITABLE PLACE IN IDAHO AND TO PROVIDE
  8        FOR SUCH VEHICLES TO BE PLACED IN THE CUSTODY OF A TOW TRUCK  OPERATOR  IN
  9        IDAHO;  AND  AMENDING  SECTION  49-1804,  IDAHO  CODE,  TO PROVIDE FOR THE
 10        REMOVAL OF ABANDONED VEHICLES TO A GARAGE IN IDAHO; AND DECLARING AN EMER-
 11        GENCY.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION 1.  That Chapter 29, Title 67, Idaho Code, be,  and  the  same  is
 14    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 15    ignated as Section 67-2903, Idaho Code, and to read as follows:
                                                                        
 16        67-2903.  WRECKERS OR TOW TRUCKS -- ROTATION LIST.  The  director  of  the
 17    Idaho  state police shall cause to be maintained a rotation list of tow trucks
 18    or wreckers in this state to be utilized by officers of the  state  police  to
 19    tow  motor  vehicles  involved in an accident, abandoned, involved in an emer-
 20    gency situation or otherwise disabled. The rotation list shall  be  maintained
 21    by region of the state police and once a wrecker or tow truck is called by the
 22    state  police, that wrecker or tow truck shall move to the bottom of the rota-
 23    tion list, unless the owner or operator  of  a  vehicle  requests  a  specific
 24    wrecker  or  tow truck, in which case that wrecker or tow truck shall maintain
 25    its position on the rotation list.  The owner or operator  of  a  vehicle  may
 26    request a tow truck or wrecker not located in Idaho and have the vehicle towed
 27    outside the state. Any employee of the state police violating any provision of
 28    this  section  shall be guilty of a misdemeanor and additionally may be liable
 29    for a civil penalty not in excess of one thousand dollars ($1,000) per  viola-
 30    tion. All civil penalties collected pursuant to this section shall be remitted
 31    to  the  general  fund. A tow truck or wrecker shall be defined as provided in
 32    section 49-124, Idaho Code. The director of the Idaho state police shall  pro-
 33    mulgate  rules  implementing the provisions of this section in compliance with
 34    the provisions of chapter 52, title 67, Idaho Code. A violation of  the  rules
 35    of the state police shall carry the same penalties as a violation of this sec-
 36    tion.
                                                                        
 37        SECTION  2.  That  Section 49-1803, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        49-1803.  REMOVAL OF STOLEN VEHICLES OR  VEHICLES  FOUND  UNDER  EMERGENCY
 40    CIRCUMSTANCES.  (1)  Any  authorized  officer,  upon  discovery  of  a vehicle
 41    reported as stolen and not recovered, or any vehicle involved in any  extraor-
                                                                        
                                           2
                                                                        
  1    dinary  circumstances,  may  take  the vehicle into custody and cause it to be
  2    taken to and stored in a suitable place in Idaho, or may cause the vehicle  to
  3    be  placed  in  the  custody of a tow truck operator in Idaho, all expenses of
  4    towing and storage to be those of the vehicle owner  unless  otherwise  deter-
  5    mined according to the provisions of section 49-1805(5), Idaho Code.
  6        (2)  Within  forty-eight  (48) hours of the time that the vehicle is taken
  7    into custody and is stored pursuant to this chapter, the agency of  which  the
  8    officer  is an agent shall give written notice by certified mail to the regis-
  9    tered and legal owners of the vehicle, if known. The notice shall state:
 10        (a)  That the vehicle has been taken into custody and stored; and
 11        (b)  The location of storage of the vehicle.
 12        (3)  The public agency by which the officer is employed shall appraise the
 13    vehicle and shall include in the notice, identification of the officer;  loca-
 14    tion  of the vehicle; a description of the vehicle including make, year model,
 15    identification number, license number, state of registration and the statutory
 16    authority for storage.
                                                                        
 17        SECTION 3.  That Section 49-1804, Idaho Code, be, and the same  is  hereby
 18    amended to read as follows:
                                                                        
 19        49-1804.  REMOVAL  OF ABANDONED VEHICLES BY AUTHORIZED OFFICER. Any autho-
 20    rized officer within the jurisdiction in which a vehicle is located,  who  has
 21    reasonable  grounds to believe that the vehicle has been abandoned, may remove
 22    the vehicle from a highway or from public or private property to a  garage  in
 23    Idaho or nearest place of safety.
 24        Upon  discovery  of  an abandoned vehicle which is not within the class of
 25    vehicles defined under "emergency circumstances," an authorized officer  shall
 26    attach on the vehicle, in plain view, a notice that this vehicle will be towed
 27    away  at the expiration of forty-eight (48) hours as an abandoned vehicle. The
 28    notice shall contain the name of the officer who prepared the notice; the name
 29    of the agency employing the officer;  the  time  and  date  of  attaching  the
 30    notice;  the  time and date after which the vehicle will be removed; the tele-
 31    phone number and address of  the  agency  where  further  information  can  be
 32    obtained.  A reasonable attempt shall be made to notify by telephone the owner
 33    of any vehicle which has current license plates and registration as  shown  on
 34    the records of the department, prior to the expiration of the forty-eight (48)
 35    hour  notice  period,  of the location of the vehicle and the time and date of
 36    intent to remove the vehicle. The inability of an officer to notify the  owner
 37    shall  not preclude the removal of the vehicle at the expiration of the forty-
 38    eight (48) hour period.
 39        Any vehicle which does not have current or any license plate attached  may
 40    be immediately removed to a safe place of storage.
                                                                        
 41        SECTION  4.  An  emergency  existing  therefor,  which emergency is hereby
 42    declared to exist, this act shall be in full force and effect on and after its
 43    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 12518C1

The purpose of this legislation is to provide for uniformity in
the implementation of A listing and the use of wrecker services
called by law enforcement officials in the State of Idaho and to
require the use of companies who are domiciled in Idaho to
provide these services
                          FISCAL IMPACT
There is no impact to the general fund.


Contact
Name: Rep. Chuck Cuddy 
Phone: 332-1191




STATEMENT OF PURPOSE/FISCAL NOTE                       H 205