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SB617: (Second New Title) relative to the regulation and appeal of motor vehicle towing from public highways and relative to the removal of abandoned vehicles by law enforcement.
Bill details
Version history, amendments, and roll-call votes were not present in the imported local bill data.
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Repeated violations of this section may be referred to the department of safety for review and for any action authorized under the law. 5 State Police; Use of Tow List. Amend RSA 106-B:27, IV to read as follows: IV. The director of state police with the approval of the commissioner of safety may adopt rules pursuant to RSA 541-A consistent with relevant provisions of this subdivision setting forth mi
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Related law links
RSA references from bill data
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106-B:27
· amend
· effective 2027-01-01
Repeated violations of this section may be referred to the department of safety for review and for any action authorized under the law. 5 State Police; Use of Tow List. Amend RSA 106-B:27, IV to read as follows: IV. The director of state police with the approval of the commissioner of safety may adopt rules pursuant to RSA 541-A consistent with relevant provisions of this subdivision setting forth mi
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106-B:28
· amend
· effective 2027-01-01
of towed vehicles and their contents, and criminal history and motor vehicle record checks of[ tow truck drivers] employees. 6 Definitions; Removal of Abandoned Vehicles. Amend RSA 106-B:28 to read as follows: 106-B:28 Definitions. In this subdivision: I. "Employee" means any individual employed by the tow business who may physically respond roadside to a state police tow call for service. II.
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106-B:29
· amend
· effective 2027-01-01
arly indicates otherwise, means a tow truck, road service vehicle, or carrier and recovery vehicle used by tow businesses on the state police tow list. 7 Use of Tow List. Amend RSA 106-B:29, X to read as follows: X. A tow business may terminate or temporarily suspend its designation as a service provider and be removed from the rotation list by providing prompt written notice to state police [communica
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106-B:30
· amend
· effective 2027-01-01
made, order that the vehicle be immediately released from impoundment, with the agency assuming full liability of the lien. 3 Requirements for Placement on the Tow List. Amend RSA 106-B:30, XVIII to read as follows: XVIII. The tow business shall provide state police with a complete updated list of all rates for the services it performs related to the towing and storage of vehicles, on the letterhead of
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106-B:31
· amend
· effective 2027-01-01
ut a hearing. Any such suspension shall be subject to the hearing requirements and timelines set forth in RSA 541-A:30, III. 12 Requirements to Remain on the Tow List. Amend RSA 106-B:31, XIII to read as follows: XIII. State troopers or other designated department of safety personnel may be assigned at the discretion of the state police director to conduct reviews from time to time of towing busines
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106-B:33
· reference
· effective 2027-01-01
e disciplinary action upon a finding, supported by satisfactory evidence, that a tow business or tow business employee has violated: (a) The provisions of RSA 106-B:29 through RSA 106-B:33; or (b) Any rule adopted pursuant to this subdivision. III. Disciplinary actions authorized under this section may include: (a) A verbal or written warning; (b) Suspension of a tow business, a tow business emp
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106-B:34
· amend
· effective 2027-01-01
that develop a pattern of non-response to calls or fail to meet the response times outlined in RSA 106-B:30 may be subject to removal from the rotation list or actions outlined in RSA 106-B:34. 9 Requirements for Placement on the Tow List. Amend RSA 106-B:30, II-III to read as follows: II. The tow business shall provide as part of its application a list of all [tow truck operator personnel] employees,
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262
· amend
· effective 2027-01-01
t when determining the reasonable fee in a requested hearing conducted by the department of safety.] 4 New Section; Notice of Right to Dispute Towing and Storage Charges. Amend RSA 262 by inserting after section 35-a the following new section: 262:35-b Notice of Right to Dispute Towing and Storage Charges. I. This section shall apply to any tow of a motor vehicle performed at the direction of a
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262:25
· reference
· effective 2027-01-01
s shall be determined. The commissioner or designee shall approve or disapprove of the decision of the bureau of hearings within 7 days after the hearing was held. Notwithstanding RSA 262:25, any person aggrieved by a decision of the commissioner or designee under this section may appeal the decision to the superior court in the same manner as that prescribed in RSA 263:75, II and III. If no request for rev
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262:31-A
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· effective 2027-01-01
spose of the items. 2 Abandoned Vehicles; Procedure for Removal and Impoundment. Amend RSA 262:33, II and III to read as follows: II. Whenever a vehicle is towed pursuant to RSA 262:31-a or RSA 262:32 the owner or other person lawfully entitled to the possession of the vehicle shall be entitled to recover said vehicle and release of the above lien by payment of all reasonable towing and storage charges.
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262:32
· reference
· effective 2027-01-01
262:35-a Review of Fees for Removal and Impoundment. I. All fees charged for the removal and storage of any vehicle caused to be removed by an authorized official pursuant to RSA 262:32 or RSA 262:40-a shall be reasonable, and may reflect market variables, including, but not limited to, distance traveled to and from the storage facility, vehicle size and weight, the amount of time needed to remove and
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262:33
· amend
· effective 2027-01-01
es due under this subdivision. If fees remain unpaid after [20] 30 days, the person may dispose of the items. 2 Abandoned Vehicles; Procedure for Removal and Impoundment. Amend RSA 262:33, II and III to read as follows: II. Whenever a vehicle is towed pursuant to RSA 262:31-a or RSA 262:32 the owner or other person lawfully entitled to the possession of the vehicle shall be entitled to recover said ve
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262:35-A
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· effective 2027-01-01
icles by law enforcement. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Fees for Removal and Impoundment of Motor Vehicles. Amend RSA 262:35-a to read as follows: 262:35-a Review of Fees for Removal and Impoundment. I. All fees charged for the removal and storage of any vehicle caused to be removed by an authorized official pursuant to RSA 262:32 or RSA 26
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262:40-A
· reference
· effective 2027-01-01
eview of Fees for Removal and Impoundment. I. All fees charged for the removal and storage of any vehicle caused to be removed by an authorized official pursuant to RSA 262:32 or RSA 262:40-a shall be reasonable, and may reflect market variables, including, but not limited to, distance traveled to and from the storage facility, vehicle size and weight, the amount of time needed to remove and store the vehicl
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263
· amend
· effective 2027-01-01
safety bureau of hearings and thereafter to the superior court in accordance with RSA 106-B:31, XIV. 14 New Section; License Suspension; Failure to Pay Fines and Fees. Amend RSA 263 by inserting after section 56-g the following new section: 263:56-h License Suspension Prohibited for Unpaid Towing or Storage Fees. I. Under no circumstances shall the director suspend or revoke a driver's lice
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263:75
· reference
· effective 2027-01-01
62:25, any person aggrieved by a decision of the commissioner or designee under this section may appeal the decision to the superior court in the same manner as that prescribed in RSA 263:75, II and III. If no request for review is filed within the [15-day] 30-day period, the owner or other person lawfully entitled to possession of the vehicle shall be deemed to have waived all rights to review under this s
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541-A
· amend
· effective 2027-01-01
lice; Use of Tow List. Amend RSA 106-B:27, IV to read as follows: IV. The director of state police with the approval of the commissioner of safety may adopt rules pursuant to RSA 541-A consistent with relevant provisions of this subdivision setting forth minimum qualifications of tow companies and their employees to participate in the state police tow list, including qualifications, training, and mini
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541-A:30
· amend
· effective 2027-01-01
e immediate suspension of the tow business at their discretion, and without a hearing. Any such suspension shall be subject to the hearing requirements and timelines set forth in RSA 541-A:30, III. 12 Requirements to Remain on the Tow List. Amend RSA 106-B:31, XIII to read as follows: XIII. State troopers or other designated department of safety personnel may be assigned at the discretion of the sta
RSAs mentioned by this document
- RSA 106-B · THE STATE POLICE
- RSA 262 · ANTITHEFT LAWS, OFFENSES, PENALTIES, HABITUAL OFFENDERS, ARREST OF NONRESIDENTS AND ABANDONED VEHICLES
- RSA 263 · DRIVERS' LICENSES
- RSA 541-A · ADMINISTRATIVE PROCEDURE ACT
- RSA 106-B:27 · State Police; Use of Tow List
- RSA 106-B:28 · Definitions
- RSA 106-B:29 · Use of Tow List
- RSA 106-B:30 · Requirements for Placement on the Tow List
- RSA 106-B:31 · Requirements to Remain on the Tow List
- RSA 106-B:33 · Confiscated Vehicles; Impoundment
- RSA 106-B:34 · Compliance Action; Disciplinary Enforcement
- RSA 262:25 · Appeal
- RSA 262:32 · Reasons for Removal and Impoundment
- RSA 262:33 · Procedure for Removal and Impoundment
- RSA 263:75 · Appeal; Administrative License Suspension
- RSA 541-A:30 · Agency Action Against Licensees