Bill Text: MO HB961 | 2011 | Regular Session | Introduced
Bill Title: Allows a rotation list to be used by law enforcement when requesting wrecker or towing services and requires a towing company to remove debris from the road when responding to an accident
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-12 - Public Hearing Completed (H) [HB961 Detail]
Download: Missouri-2011-HB961-Introduced.html
FIRST REGULAR SESSION
96TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE ATKINS.
2068L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 304.160, RSMo, and to enact in lieu thereof two new sections relating to towing truck companies, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 304.160, RSMo, is repealed and two new sections enacted in lieu thereof, to be known as sections 304.160 and 304.163, to read as follows:
304.160. 1. Except as provided in subsection 3 of this section, any person who has purposely, accidentally, or by reason of an accident, dropped any tacks, nails, wire, scrap metal, glass, crockery, sharp stones, or other substances injurious to the feet of persons or animals, or to the tires or wheels of vehicles, including motor vehicles, upon any highway shall immediately make all reasonable efforts to clear the highway of the substances.
2. Violation of subsection 1 of this section shall be deemed a class C misdemeanor.
3. In the event a towing truck company is called to tow or remove disabled vehicles following an accident, the towing truck operator shall immediately make all reasonable efforts to clear the highway of any debris. Any towing company that violates this subsection shall be removed from the rotation list of the law enforcement agency with jurisdiction over the location of the disabled vehicle as follows:
(1) The first violation of this subsection shall result in a six-month removal;
(2) The second violation of this subsection shall result in a one-year removal;
(3) The third violation of this subsection shall result in a three-year removal;
(4) The fourth and following violations of this subsection shall result in a five-year removal.
Each law enforcement agency shall provide a procedure by which a towing truck company may appeal any exclusion or removal from the rotation list.
304.163. 1. Notwithstanding any other law, the Missouri highway patrol and any local law enforcement agency may use rotation lists when requesting wrecker or towing services for removal of a vehicle from property for reasons listed in section 304.155 or 304.157.
2. The department of public safety may promulgate rules to administer the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2011, shall be invalid and void.
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