SB 66 — Requiring State Police to follow towing services policies of county of location

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 66 By Senators Lindsay and RomanoRomano, [Introducedoriginal Januarysponsors 8,[Originating 2020;in the Committee on Government Organization;

referredreported toon theFebruary Committee24, on2020] Government  Organization]  A BILL to amend and reenact §24-6-12 and §24A-2-2b of the Code of West Virginia, 1931, as amended, all relating to requiringemergency members of the State Police to follow the towing servicesservices; policy of the county in which the member is located.

requiring county commissions to create districts whereby towing services within a district may be dispatched or implement a policy whereby all available towing services within an area currently served by an organization are dispatched on a rotating basis;

defining a term;

and eliminating sunset and legislative review provisions.

Chapter 24.

PUBLIC SERVICE COMMISSION.

exceptions.districts;

(a)policy; Every three years, the county commission of each county or the municipality operating an emergency telephone system or an enhanced emergency telephone system shall, in consultation with all public safety units, public agencies, and all available towing services registered as common carriers pursuant to the provisions of chapter 24A of this code, establish a policy that provides for the most prompt, fair, equitable and effective response to requests or dispatches for emergency towing services.

(b)exceptions; For each incident where towing services are required, the public agency procuring towing services shall maintain a public record of the name of the towing service utilized.

(c)prohibitions. Notwithstanding provisions in §26-6-6a of this code, beginning no later than January 1, 2021, members of the West Virginia State Police shall follow the towing services policies of the county in which they are located.

 (a) NOTE:Every three years, the county commission of each county or the municipality operating an emergency telephone system or an enhanced emergency telephone system shall, in consultation with all public safety units, public agencies, and all available towing services registered as common carriers within said county  pursuant to the provisions of chapter 24A of this code:

Theestablish purposea ofpolicy thisthat billprovides isfor tothe requiremost membersprompt, offair, theequitable Stateand Policeeffective response to followrequests or dispatches for emergency towing services policies (1) ofEstablish individual districts or zones that cover and include all emergency telephone systems and enhanced emergency telephone systems within the countiescounty inwhereby whichall theytowing areservices located.authorized by the Public Service Commission to conduct business located within the newly created districts or zones may be dispatched when the need arises;

Strike-throughsand/or indicate(2) languageEstablish thata wouldpolicy berequiring strickeneligible fromtowing aservices headingwithin or the presentarea lawcurrently andbeing underscoringserved indicatesby newan languageemergency thatservice wouldorganization be added.dispatched on a rotating basis, where required.

Bill(b) Status  | An Billowner Tracking  | or Legacyoperator WVof Code  | a Bulletinvehicle Board  | to Districtbe Maps  | towed Senateshall Roster  | have Housean Roster  | opportunity Live  | to Blog  | select Jobs  |  Links  |  Home This Web site is maintained by the Westtowing Virginiaservice Legislature's Office of Referencetheir &choice Information.if:

(1) The towing service company is authorized through the Public Service Commission to conduct business;

and (2) The request will not delay the clearing of vehicles from the roadways that are involved in a traffic crash or hinder a law-enforcement investigation in any manner.

(c) “Emergency service organization” means the organization established under §15-5-1 et seq.

of this code.

CHAPTER 24A.

COMMERCIAL MOTOR CARRIERS.

ARTICLE 2.

COMMON CARRIERS BY MOTOR VEHICLES.

§24A-2-2b.

Rule-making authority;

establishing rates for recovering, towing, hauling, carrying, or storing wrecked or disabled vehicles;

complaint process;

and required legislative audit.

(a) On or before July 1, 2016, the commission shall promulgate rules to effectuate the provisions of this article.

(b) The rules promulgated pursuant to the provisions of this section shall describe:

(1) Factors determining the fair, effective, and reasonable rates levied by a carrier for recovering, towing, hauling, carrying, or storing a wrecked or disabled vehicle.

The commission shall consider, but shall not be limited to:

(A) Tow vehicle(s) and special equipment required to complete recovery/tow;

(B) Total time to complete the recovery or tow;

(C) Number of regular and extra employees required to complete the recovery or tow;

(D) Location of vehicle recovered or towed;

(E) Materials or cargo involved in recovery or tow;

(F) Comparison with reasonable prices in the region;

(G) Weather conditions;