Connecticut 2023 Regular Session

Connecticut House Bill HB06657 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 6657
	5	+	General Assembly Raised Bill No. 6657
8	6		January Session, 2023
	7	+	LCO No. 4008
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	9	+
	10	+	Referred to Committee on TRANSPORTATION
	11	+
	12	+
	13	+	Introduced by:
	14	+	(TRA)
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14	19		AN ACT CONCERNING NONCONSENSUAL TOWING.
15	20		Be it enacted by the Senate and House of Representatives in General
16	21		Assembly convened:
17	22
18	23		Section 1. Subsection (a) of section 14-66 of the general statutes is 1
19	24		repealed and the following is substituted in lieu thereof (Effective October 2
20	25		1, 2023): 3
21	26		(a) (1) No person, firm or corporation shall engage in the business of 4
22	27		operating a wrecker for the purpose of towing or transporting motor 5
23	28		vehicles, including motor vehicles which are disabled, inoperative or 6
24	29		wrecked or are being removed in accordance with the provisions of 7
25	30		section 14-145, as amended by this act, 14-150 or 14-307, unless such 8
26	31		person, firm or corporation is a motor vehicle dealer or repairer licensed 9
27	32		under the provisions of subpart (D) of this part. (2) The commissioner 10
28	33		shall establish and publish a schedule of uniform rates and charges for 11
29	34		the nonconsensual towing and transporting of motor vehicles and for 12
30	35		the storage of motor vehicles which shall be just and reasonable. Such 13
31		-	schedule shall include a charge for the release of a motor vehicle that 14
32		-	has been connected to a wrecker but not yet removed from the private 15
33		-	property from which it is to be towed. Upon petition of any person, firm 16
	36	+	charges shall include a charge for the release of a motor vehicle that has 14
	37	+	been connected to a wrecker but not yet removed from the private 15
	38	+	property from which it is to be towed. Upon petition of any person, firm 16 Raised Bill No. 6657
	39	+
	40	+
	41	+
	42	+	LCO No. 4008 2 of 11
	43	+
34	44		or corporation licensed in accordance with the provisions of this section, 17
35	45		but not more frequently than once every two years, the commissioner 18
36		-	shall reconsider the established rates and charges and shall amend such 19 Substitute Bill No. 6657
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	46	+	shall reconsider the established rates and charges and shall amend such 19
43	47		rates and charges if the commissioner, after consideration of the factors 20
44	48		stated in this subdivision, determines that such rates and charges are no 21
45	49		longer just and reasonable. In establishing and amending such rates and 22
46	50		charges, the commissioner [may] shall consider factors, including, but 23
47	51		not limited to, the Consumer Price Index, rates set by other jurisdictions, 24
48	52		charges for towing and transporting services provided pursuant to a 25
49	53		contract with an automobile club or automobile association licensed 26
50	54		under the provisions of section 14-67, [and] rates published in standard 27
51		-	service manuals and operating costs of the towing industry in the state, 28
52		-	including the cost of fuel, wreckers, heavy duty wreckers, motor vehicle 29
53		-	parts, equipment, personnel, workers' compensation insurance, 30
54		-	unemployment compensation and insurance premiums . The 31
55		-	commissioner shall hold a public hearing for the purpose of obtaining 32
56		-	additional information concerning such rates and charges. (3) With 33
57		-	respect to the nonconsensual towing or transporting and the storage of 34
58		-	motor vehicles, no such person, firm or corporation shall charge more 35
59		-	than the rates and charges published by the commissioner. Any person, 36
60		-	firm or corporation aggrieved by any action of the commissioner under 37
61		-	the provisions of this section may take an appeal therefrom in 38
62		-	accordance with section 4-183, except venue for such appeal shall be in 39
63		-	the judicial district of New Britain. 40
64		-	Sec. 2. Section 14-66b of the general statutes is repealed and the 41
65		-	following is substituted in lieu thereof (Effective October 1, 2023): 42
66		-	(a) Each owner of a wrecker registered pursuant to subsection (c) of 43
67		-	section 14-66 shall keep and maintain a record [stating] that includes the 44
68		-	following information: (1) The registration number of each motor 45
69		-	vehicle towed or transported and the registration number of each 46
70		-	wrecker used to tow or transport such motor vehicle; (2) the date and 47
71		-	time the tow commenced and was completed; (3) the location from 48
72		-	which the disabled motor vehicle was towed and the destination of such 49
73		-	tow; (4) the mileage of the wrecker at the commencement and 50
74		-	completion of the tow; (5) the charge for tow service and any other 51
75		-	charges incurred for services related to such tow; (6) the name and 52 Substitute Bill No. 6657
	55	+	service manuals and the operating costs of the towing industry in the 28
	56	+	state, including the cost of fuel, wreckers, heavy duty wreckers, motor 29
	57	+	vehicle parts, equipment, personnel, workers' compensation insurance, 30
	58	+	unemployment compensation, insurance premiums and credit card 31
	59	+	processing fees. The commissioner shall hold a public hearing for the 32
	60	+	purpose of obtaining additional information concerning such rates and 33
	61	+	charges. (3) With respect to the nonconsensual towing or transporting 34
	62	+	and the storage of motor vehicles, no such person, firm or corporation 35
	63	+	shall (A) charge more than the rates and charges published by the 36
	64	+	commissioner, or (B) charge for more than twenty miles of towing or 37
	65	+	transporting. Any person aggrieved by any action of the commissioner 38
	66	+	under the provisions of this section may take an appeal therefrom in 39
	67	+	accordance with section 4-183, except venue for such appeal shall be in 40
	68	+	the judicial district of New Britain. 41
	69	+	Sec. 2. Section 14-66b of the general statutes is repealed and the 42
	70	+	following is substituted in lieu thereof (Effective October 1, 2023): 43
	71	+	(a) Each owner of a wrecker registered pursuant to subsection (c) of 44
	72	+	section 14-66 shall keep and maintain a record [stating] that includes the 45
	73	+	following information: (1) The registration number of each motor 46
	74	+	vehicle towed or transported and the registration number of each 47
	75	+	wrecker used to tow or transport such motor vehicle; (2) the date and 48
	76	+	time the tow commenced and was completed; (3) the location from 49
	77	+	which the disabled motor vehicle was towed and the destination of such 50 Raised Bill No. 6657
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82		-	address of the person requesting tow service; (7) the written 53
83		-	authorization to tow the motor vehicle as described in section 14-145a, 54
84		-	as amended by this act, if applicable; (8) one or more photographs of the 55
85		-	motor vehicle that (A) shows the condition of the motor vehicle and the 56
86		-	reason that the motor vehicle is being towed, and (B) is taken prior to 57
87		-	the motor vehicle being connected to the wrecker; and [(7)] (9) any other 58
88		-	information the commissioner deems necessary, specified in regulations 59
89		-	adopted in accordance with the provisions of chapter 54. Such records 60
90		-	shall be retained at the place of business of the wrecker service for a 61
91		-	period of two years and shall be available for inspection during regular 62
92		-	business hours by any law enforcement officer or inspector designated 63
93		-	by the Commissioner of Motor Vehicles. 64
94		-	(b) Each owner of a wrecker shall also keep and maintain copies of 65
95		-	any written contracts with owners or lessees of property authorizing the 66
96		-	towing or removal of motor vehicles from the property of such owner 67
97		-	or lessee, or with lending institutions repossessing any motor vehicles, 68
98		-	as provided in section 14-145, as amended by this act, and such contracts 69
99		-	shall be available for inspection by motor vehicle owners, agents of the 70
100		-	owners, or lending institutions, upon request. 71
101		-	(c) The Commissioner of Motor Vehicles may permit any licensed 72
102		-	motor vehicle dealer or repairer who operates a wrecker service to 73
103		-	maintain, in an electronic format prescribed by the commissioner, all 74
104		-	records, photographs, documents and forms required by the 75
105		-	Department of Motor Vehicles. Such records, photographs, documents 76
106		-	and forms shall be produced in written format, upon request by the 77
107		-	department, during the licensee's business hours on the same day of 78
108		-	such request. 79
109		-	(d) Any person who violates any provision of this section shall be 80
110		-	deemed to have committed an infraction. 81
111		-	Sec. 3. Section 14-145 of the general statutes is repealed and the 82
112		-	following is substituted in lieu thereof (Effective October 1, 2023): 83 Substitute Bill No. 6657
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	82	+
	83	+	tow; (4) the mileage of the wrecker at the commencement and 51
	84	+	completion of the tow; (5) the charge for tow service and any other 52
	85	+	charges incurred for services related to such tow; (6) the name and 53
	86	+	address of the person requesting tow service; (7) one or more 54
	87	+	photographs of the motor vehicle that (A) shows the condition of the 55
	88	+	motor vehicle and the reason that the motor vehicle is being towed, and 56
	89	+	(B) is taken prior to the motor vehicle being connected to the wrecker; 57
	90	+	and [(7)] (8) any other information the commissioner deems necessary, 58
	91	+	specified in regulations adopted in accordance with the provisions of 59
	92	+	chapter 54. Such records shall be retained at the place of business of the 60
	93	+	wrecker service for a period of two years and shall be available for 61
	94	+	inspection during regular business hours by any law enforcement 62
	95	+	officer or inspector designated by the Commissioner of Motor Vehicles. 63
	96	+	(b) Each owner of a wrecker shall also keep and maintain copies of 64
	97	+	any written contracts with owners or lessees of property authorizing the 65
	98	+	towing or removal of motor vehicles from the property of such owner 66
	99	+	or lessee, or with lending institutions repossessing any motor vehicles, 67
	100	+	as provided in section 14-145, as amended by this act, and such contracts 68
	101	+	shall be available for inspection by motor vehicle owners, agents of the 69
	102	+	owners, or lending institutions, upon request. 70
	103	+	(c) The Commissioner of Motor Vehicles may permit any licensed 71
	104	+	motor vehicle dealer or repairer who operates a wrecker service to 72
	105	+	maintain, in an electronic format prescribed by the commissioner, all 73
	106	+	records, photographs, documents and forms required by the 74
	107	+	Department of Motor Vehicles. Such records, photographs, documents 75
	108	+	and forms shall be produced in written format, upon request by the 76
	109	+	department, during the licensee's business hours on the same day of 77
	110	+	such request. 78
	111	+	(d) Any person who violates any provision of this section shall be 79
	112	+	deemed to have committed an infraction. 80
	113	+	Sec. 3. Section 14-145 of the general statutes is repealed and the 81
	114	+	following is substituted in lieu thereof (Effective October 1, 2023): 82 Raised Bill No. 6657
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119		-	(a) (1) [An] For the purposes of this section, "residential complex" 84
120		-	means a multifamily dwelling, a condominium, as defined in section 47-85
121		-	68a, or a common interest community, as defined in section 47-202, (A) 86
122		-	that is used for residential purposes, and (B) for which a common 87
123		-	parking area is provided, regardless of whether each resident or unit has 88
124		-	been assigned a specific parking space in the common parking area. 89
125		-	(2) Except as provided in this subdivision and subdivision (4) of this 90
126		-	subsection, an owner or lessee of private property, or [his or her] such 91
127		-	owner or lessee's agent, may remove or cause to be removed, or may use 92
128		-	a wheel-locking device to render immovable, any motor vehicle left 93
129		-	without authorization on such property in accordance with the 94
130		-	provisions of this section and sections 14-145a to 14-145c, inclusive, as 95
131		-	amended by this act, provided any such owner or lessee, or such owner 96
132		-	or lessee's agent, of private [commercial property, or his or her agent, 97
133		-	shall install] property, excluding residential property upon which a 98
134		-	single-family dwelling is situated, installs conspicuous signage [stating] 99
135		-	at all entryways to the private property. Such signage shall (A) state that 100
136		-	motor vehicles left without authorization on such private [commercial] 101
137		-	property may be removed or rendered immovable [and indicating] at 102
138		-	the expense of the owner of the motor vehicle, (B) indicate the name, 103
139		-	address and telephone number of the person, firm or corporation 104
140		-	licensed under section 14-66, as amended by this act, performing the 105
141		-	removal or the person rendering the motor vehicle immovable, where 106
142		-	such motor vehicle will be stored, how the vehicle may be redeemed 107
143		-	and any costs or fees that may be charged, and (C) list the violations that 108
144		-	would cause a motor vehicle to be removed or rendered immovable. An 109
145		-	owner or lessee, or such owner or lessee's agent, may not remove or 110
146		-	cause to be removed, nor render immovable, a motor vehicle solely 111
147		-	because such vehicle is unregistered, or has expired registration, in 112
148		-	violation of section 14-12. 113
149		-	[(2) Notwithstanding the provisions of subdivision (1) of this 114
150		-	subsection, an] (3) Except as provided in subdivision (4) of this 115
151		-	subsection, in the case of removing or causing a motor vehicle to be 116 Substitute Bill No. 6657
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	119	+
	120	+	(a) (1) [An] Except as provided in subdivision (2) of this subsection, 83
	121	+	an owner or lessee of private property, or [his or her] such owner or 84
	122	+	lessee's agent, may remove or cause to be removed, or may use a wheel-85
	123	+	locking device to render immovable, any motor vehicle left without 86
	124	+	authorization on such property in accordance with the provisions of this 87
	125	+	section and sections 14-145a to 14-145c, inclusive, as amended by this 88
	126	+	act, provided any such owner or lessee, [of private commercial 89
	127	+	property,] or [his or her] such owner or lessee's agent, [shall install] (A) 90
	128	+	installs conspicuous signage stating that motor vehicles left without 91
	129	+	authorization on such private [commercial] property may be removed 92
	130	+	or rendered immovable and indicating where such motor vehicle will 93
	131	+	be stored, how the vehicle may be redeemed and any costs or fees that 94
	132	+	may be charged, and (B) in the case of removing or causing a motor 95
	133	+	vehicle to be removed, affixes a written notice to the motor vehicle left 96
	134	+	without authorization on such property at least twenty-four hours prior 97
	135	+	to the removal of such motor vehicle. Any such notice shall (i) state that 98
	136	+	the motor vehicle will be removed from the private property without 99
	137	+	the consent of the owner of the motor vehicle if the motor vehicle 100
	138	+	remains parked in the same location on the property, (ii) describe why 101
	139	+	the motor vehicle will be removed, (iii) indicate the time when the motor 102
	140	+	vehicle will be removed, which shall be not later than twenty-four hours 103
	141	+	after the time the notice was affixed to the motor vehicle, (iv) indicate 104
	142	+	the time when the notice is affixed to the motor vehicle, and (v) be 105
	143	+	affixed to the motor vehicle at a conspicuous location on the windshield 106
	144	+	nearest the operator. 107
	145	+	(2) [Notwithstanding the provisions of subdivision (1) of this 108
	146	+	subsection, an] An owner or lessee of private [commercial] property or 109
	147	+	such owner or lessee's agent may tow any motor vehicle left without 110
	148	+	authorization on such property [and no signage warning of such towing 111
	149	+	shall be required to be installed by such owner or lessee] without 112
	150	+	installing signage or affixing written notice to such motor vehicle as 113
	151	+	described in subdivision (1) of this subsection if such motor vehicle is 114
	152	+	left (A) on the property of a single-family dwelling or a multifamily 115
	153	+	dwelling consisting of two to four units, (B) in a space reserved, as 116 Raised Bill No. 6657
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158		-	removed from a residential complex, the owner or lessee of the 117
159		-	residential complex, or such owner or lessee's agent, shall also affix a 118
160		-	written notice to the motor vehicle left without authorization on such 119
161		-	residential complex at least twenty-four hours prior to the removal of 120
162		-	such motor vehicle. Any such notice shall (A) state that the motor 121
163		-	vehicle will be removed from the residential complex without the 122
164		-	consent of the owner of the motor vehicle if the motor vehicle remains 123
165		-	parked in the same location on the residential complex, (B) describe why 124
166		-	the motor vehicle will be removed, (C) indicate the time when the motor 125
167		-	vehicle will be removed, which shall be not earlier than twenty-four 126
168		-	hours after the time the notice was affixed to the motor vehicle, (D) 127
169		-	indicate the time when the notice is affixed to the motor vehicle, and (E) 128
170		-	be affixed to the motor vehicle at a conspicuous location on the 129
171		-	windshield nearest the operator. 130
172		-	(4) An owner or lessee, or such owner or lessee's agent, of private 131
173		-	[commercial] property [or such owner or lessee's agent] may tow any 132
174		-	motor vehicle left without authorization on such property [and no 133
175		-	signage warning of such towing shall be required to be installed by such 134
176		-	owner or lessee] without installing signage as described in subdivision 135
177		-	(2) of this subsection or affixing written notice to such motor vehicle as 136
178		-	described in subdivision (3) of this subsection, as the case may be, if such 137
179		-	motor vehicle is left (A) in a space reserved, as required in section 14-138
180		-	253a, for exclusive use by persons who are blind and persons with 139
181		-	disabilities and such vehicle does not bear a removable windshield 140
182		-	placard or special license plate, as defined in section 14-253a, (B) in an 141
183		-	area reserved for authorized emergency vehicles, (C) within ten feet of 142
184		-	a fire hydrant, as provided in section 14-251, (D) [blocking building 143
185		-	access] occupying without permission, or effectively obstructing access 144
186		-	to or from a building or to or from, a space reserved for a specific 145
187		-	resident or unit, (E) blocking entry or exit from such property, [or] (F) 146
188		-	for forty-eight or more hours, [. (3)] (G) without displaying valid 147
189		-	authorization in a parking area marked for the exclusive use of 148
190		-	residents, (H) in an area not designated for the parking of motor 149
191		-	vehicles, or (I) in violation of a parking ban to facilitate the removal of 150 Substitute Bill No. 6657
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	158	+
	159	+	required in section 14-253a, for exclusive use by persons who are blind 117
	160	+	and persons with disabilities and such vehicle does not bear a 118
	161	+	removable windshield placard or special license plate, as defined in 119
	162	+	section 14-253a, [(B)] (C) in an area reserved for authorized emergency 120
	163	+	vehicles, [(C)] (D) within ten feet of a fire hydrant, as provided in section 121
	164	+	14-251, [(D)] (E) blocking building access, [(E)] (F) blocking entry or exit 122
	165	+	from such property, or [(F)] (G) for forty-eight or more hours. On and 123
	166	+	after October 1, 2023, if a motor vehicle remains on private property a 124
	167	+	third or subsequent time in the same manner that caused the motor 125
	168	+	vehicle to be subject to previous written notices, the owner or lessee, or 126
	169	+	such owner or lessee's agent, need not affix a written notice to such 127
	170	+	motor vehicle before removing or causing the removal of the motor 128
	171	+	vehicle. 129
	172	+	(3) A lending institution may repossess any motor vehicle, in 130
	173	+	accordance with the provisions of section 36a-785, by contracting with a 131
	174	+	wrecker licensed under section 14-66, as amended by this act, or an 132
	175	+	entity exempt from such licensure, as provided in subsection (f) of 133
	176	+	section 14-66, to tow or otherwise remove such motor vehicle in 134
	177	+	accordance with the provisions of this section and sections 14-145a to 135
	178	+	14-145c, inclusive, as amended by this act. In the case of a repossession, 136
	179	+	no signage or written notice as described in subdivision (1) of this 137
	180	+	subsection shall be required. 138
	181	+	(4) This section shall not apply to law enforcement, fire-fighting, 139
	182	+	rescue, ambulance or emergency vehicles which are marked as such, or 140
	183	+	to motor vehicles left without authorization on property leased by any 141
	184	+	governmental agency. 142
	185	+	(b) (1) (A) When an unauthorized motor vehicle is towed or otherwise 143
	186	+	removed by a wrecker licensed under section 14-66, as amended by this 144
	187	+	act, or a repossessed motor vehicle is towed or otherwise removed by a 145
	188	+	wrecker or an exempt entity, the licensee or operator of the wrecker or 146
	189	+	the exempt entity shall notify the local police department of the tow or 147
	190	+	removal within two hours. Such notification shall be submitted, in 148
	191	+	writing, or transmitted by facsimile or electronic mail and the record of 149 Raised Bill No. 6657
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198		-	snow and ice, provided such owner or lessee, or such owner or lessee's 151
199		-	agent, posts notice of such parking ban in conspicuous places in the 152
200		-	building and parking area and communicates such parking ban directly 153
201		-	by telephone, electronic mail or text message at least four hours before 154
202		-	enacting such parking ban. On and after October 1, 2023, if a motor 155
203		-	vehicle remains located on a residential complex a third or subsequent 156
204		-	time in the same manner that caused the motor vehicle to be subject to 157
205		-	previous written notices as described in subdivision (3) of this 158
206		-	subsection, the owner or lessee, or such owner or lessee's agent, need 159
207		-	not affix a written notice to such motor vehicle before removing or 160
208		-	causing the removal of the motor vehicle. 161
209		-	(5) A lending institution may repossess any motor vehicle, in 162
210		-	accordance with the provisions of section 36a-785, by contracting with a 163
211		-	wrecker licensed under section 14-66, as amended by this act, or an 164
212		-	entity exempt from such licensure, as provided in subsection (f) of 165
213		-	section 14-66, to tow or otherwise remove such motor vehicle in 166
214		-	accordance with the provisions of this section and sections 14-145a to 167
215		-	14-145c, inclusive, as amended by this act. In the case of a repossession, 168
216		-	no signage as described in subdivision [(1)] (2) of this subsection or 169
217		-	written notice as described in subdivision (3) of this subsection shall be 170
218		-	required. 171
219		-	[(4)] (6) This section shall not apply to law enforcement, fire-fighting, 172
220		-	rescue, ambulance or emergency vehicles which are marked as such, or 173
221		-	to motor vehicles left without authorization on property leased by any 174
222		-	governmental agency. 175
223		-	(b) (1) (A) When an unauthorized motor vehicle is towed or otherwise 176
224		-	removed by a wrecker licensed under section 14-66, as amended by this 177
225		-	act, or a repossessed motor vehicle is towed or otherwise removed by a 178
226		-	wrecker or an exempt entity, the licensee or operator of the wrecker or 179
227		-	the exempt entity shall notify the local police department of the tow or 180
228		-	removal within two hours. Such notification shall be submitted, in 181
229		-	writing, or transmitted by facsimile or electronic mail and the record of 182
230		-	such notification shall be retained by such licensee, operator or exempt 183 Substitute Bill No. 6657
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	197	+	such notification shall be retained by such licensee, operator or exempt 150
	198	+	entity in accordance with the provisions of section 14-66b, as amended 151
	199	+	by this act. 152
	200	+	(B) No such licensee, operator or exempt entity may charge a storage 153
	201	+	fee for an unauthorized or repossessed motor vehicle for the time it is 154
	202	+	stored prior to notification of the local police department by the licensee, 155
	203	+	operator or exempt entity. If such motor vehicle is not claimed within 156
	204	+	forty-eight hours, the licensee or operator of the wrecker or of the garage 157
	205	+	where such motor vehicle is stored or the exempt entity shall 158
	206	+	immediately complete a notice of such tow, on a form prescribed by the 159
	207	+	Commissioner of Motor Vehicles, and mail a copy of such form by 160
	208	+	certified mail, return receipt requested, to the owner and all lienholders 161
	209	+	of record. If the motor vehicle is not claimed by its owner within the 162
	210	+	time period specified in subsection (e) of section 14-150, the licensee or 163
	211	+	operator of the wrecker or of the garage where such motor vehicle is 164
	212	+	stored or the exempt entity may dispose of such motor vehicle in 165
	213	+	accordance with the provisions of subsection (e) and subsections (g) to 166
	214	+	(j), inclusive, of section 14-150. 167
	215	+	(2) (A) When an unauthorized motor vehicle is rendered immovable 168
	216	+	through use of a wheel-locking device by an owner or lessee of private 169
	217	+	property, or [his or her] such owner or lessee's agent, such owner, lessee 170
	218	+	or agent shall notify the local police department of such action within 171
	219	+	two hours. Such notification shall be submitted in writing or transmitted 172
	220	+	by facsimile or electronic mail. The record of such notification shall be 173
	221	+	retained by such owner, lessee or agent at the private property upon 174
	222	+	which such action took place, for a period of not less than six months 175
	223	+	and shall be available for inspection during regular business hours by 176
	224	+	any sworn member of the local police department or law enforcement 177
	225	+	officer or inspector designated by the Commissioner of Motor Vehicles. 178
	226	+	(B) No owner, lessee or agent may charge a fee to remove a wheel-179
	227	+	locking device prior to notification of the local police department. The 180
	228	+	fee charged to remove a wheel-locking device may not be more than 181
	229	+	fifty dollars. The person claiming the motor vehicle may choose to pay 182 Raised Bill No. 6657
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237		-	entity in accordance with the provisions of section 14-66b, as amended 184
238		-	by this act. 185
239		-	(B) No such licensee, operator or exempt entity may charge a storage 186
240		-	fee for an unauthorized or repossessed motor vehicle for the time it is 187
241		-	stored prior to notification of the local police department by the licensee, 188
242		-	operator or exempt entity. If such motor vehicle is not claimed within 189
243		-	forty-eight hours, the licensee or operator of the wrecker or of the garage 190
244		-	where such motor vehicle is stored or the exempt entity shall 191
245		-	immediately complete a notice of such tow, on a form prescribed by the 192
246		-	Commissioner of Motor Vehicles, and mail a copy of such form by 193
247		-	certified mail, return receipt requested, to the owner and all lienholders 194
248		-	of record. If the motor vehicle is not claimed by its owner within the 195
249		-	time period specified in subsection (e) of section 14-150, the licensee or 196
250		-	operator of the wrecker or of the garage where such motor vehicle is 197
251		-	stored or the exempt entity may dispose of such motor vehicle in 198
252		-	accordance with the provisions of subsection (e) and subsections (g) to 199
253		-	(j), inclusive, of section 14-150. 200
254		-	(2) (A) When an unauthorized motor vehicle is rendered immovable 201
255		-	through use of a wheel-locking device by an owner or lessee of private 202
256		-	property, or [his or her] such owner or lessee's agent, such owner, lessee 203
257		-	or agent shall notify the local police department of such action within 204
258		-	two hours. Such notification shall be submitted in writing or transmitted 205
259		-	by facsimile or electronic mail. The record of such notification shall be 206
260		-	retained by such owner, lessee or agent at the private property upon 207
261		-	which such action took place, for a period of not less than six months 208
262		-	and shall be available for inspection during regular business hours by 209
263		-	any sworn member of the local police department or law enforcement 210
264		-	officer or inspector designated by the Commissioner of Motor Vehicles. 211
265		-	(B) No owner, lessee or agent may charge a fee to remove a wheel-212
266		-	locking device prior to notification of the local police department. The 213
267		-	fee charged to remove a wheel-locking device may not be more than 214
268		-	fifty dollars. The person claiming the motor vehicle may choose to pay 215
269		-	such fee in cash, by check or by debit or credit card. Ten per cent of such 216 Substitute Bill No. 6657
	233	+	LCO No. 4008 7 of 11
	234	+
	235	+	such fee in cash, by check or by debit or credit card. Ten per cent of such 183
	236	+	fee shall be remitted to the local police department by the owner, lessee 184
	237	+	or agent. If such motor vehicle is not claimed within forty-eight hours 185
	238	+	after being rendered immovable, the owner, lessee or agent shall 186
	239	+	immediately complete a notice that such motor vehicle has been 187
	240	+	rendered immovable, on a form prescribed by the commissioner, and 188
	241	+	mail a copy of such form by certified mail, return receipt requested, to 189
	242	+	the owner of such motor vehicle and all lienholders of record. If the 190
	243	+	motor vehicle is not claimed by its owner within the time period 191
	244	+	specified in subsection (e) of section 14-150, the owner, lessee or agent 192
	245	+	may dispose of such motor vehicle in accordance with the provisions of 193
	246	+	subsection (e) and subsections (g) to (j), inclusive, of section 14-150. 194
	247	+	(3) The local police department, not later than forty-eight hours after 195
	248	+	receiving notification of a tow or removal of an unauthorized motor 196
	249	+	vehicle pursuant to subdivision (1) of this subsection, or use of a wheel-197
	250	+	locking device pursuant to subdivision (2) of this subsection, shall enter 198
	251	+	the vehicle identification number into the National Crime Information 199
	252	+	Center database and the Connecticut On-Line Law Enforcement 200
	253	+	Communications Teleprocessing System to determine whether such 201
	254	+	motor vehicle has been reported as stolen. If such motor vehicle has been 202
	255	+	reported as stolen, the local police department shall immediately notify 203
	256	+	the department that reported the vehicle as stolen. 204
	257	+	(c) Upon request by the owner or operator of a motor vehicle that has 205
	258	+	been connected to a wrecker but has not yet been removed from the 206
	259	+	private property, the licensee or operator of the wrecker shall 207
	260	+	immediately release the motor vehicle to such owner or operator and 208
	261	+	may charge no more than the amount published by the Commissioner 209
	262	+	of Motor Vehicles pursuant to subdivision (2) of subsection (a) of section 210
	263	+	14-66, as amended by this act. 211
	264	+	[(c)] (d) The commissioner may adopt regulations, in accordance with 212
	265	+	the provisions of chapter 54, (1) specifying the circumstances under 213
	266	+	which title to any motor vehicle towed or stored, or both, or rendered 214
	267	+	immovable under this section may be transferred to any person, firm or 215 Raised Bill No. 6657
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276		-	fee shall be remitted to the local police department by the owner, lessee 217
277		-	or agent. If such motor vehicle is not claimed within forty-eight hours 218
278		-	after being rendered immovable, the owner, lessee or agent shall 219
279		-	immediately complete a notice that such motor vehicle has been 220
280		-	rendered immovable, on a form prescribed by the commissioner, and 221
281		-	mail a copy of such form by certified mail, return receipt requested, to 222
282		-	the owner of such motor vehicle and all lienholders of record. If the 223
283		-	motor vehicle is not claimed by its owner within the time period 224
284		-	specified in subsection (e) of section 14-150, the owner, lessee or agent 225
285		-	may dispose of such motor vehicle in accordance with the provisions of 226
286		-	subsection (e) and subsections (g) to (j), inclusive, of section 14-150. 227
287		-	(3) The local police department, not later than forty-eight hours after 228
288		-	receiving notification of a tow or removal of an unauthorized motor 229
289		-	vehicle pursuant to subdivision (1) of this subsection, or use of a wheel-230
290		-	locking device pursuant to subdivision (2) of this subsection, shall enter 231
291		-	the vehicle identification number into the National Crime Information 232
292		-	Center database and the Connecticut On-Line Law Enforcement 233
293		-	Communications Teleprocessing System to determine whether such 234
294		-	motor vehicle has been reported as stolen. If such motor vehicle has been 235
295		-	reported as stolen, the local police department shall immediately notify 236
296		-	the department that reported the vehicle as stolen. 237
297		-	(c) Upon request by the owner or operator of a motor vehicle that has 238
298		-	been connected to a wrecker but has not yet been removed from the 239
299		-	private property, the licensee or operator of the wrecker shall 240
300		-	immediately release the motor vehicle to such owner or operator and 241
301		-	may charge no more than the amount published by the Commissioner 242
302		-	of Motor Vehicles pursuant to subdivision (2) of subsection (a) of section 243
303		-	14-66, as amended by this act. 244
304		-	[(c)] (d) The commissioner may adopt regulations, in accordance with 245
305		-	the provisions of chapter 54, (1) specifying the circumstances under 246
306		-	which title to any motor vehicle towed or stored, or both, or rendered 247
307		-	immovable under this section may be transferred to any person, firm or 248
308		-	corporation towing, storing or rendering immovable such vehicle, and 249 Substitute Bill No. 6657
	271	+	LCO No. 4008 8 of 11
	272	+
	273	+	corporation towing, storing or rendering immovable such vehicle, and 216
	274	+	(2) establishing the procedure whereby such person, firm or corporation 217
	275	+	may obtain title to such motor vehicle. 218
	276	+	[(d)] (e) No owner or lessee of private property, or [his or her] such 219
	277	+	owner or lessee's agent, shall issue a parking citation by written 220
	278	+	warning, posted signage or other means to impose a monetary sanction 221
	279	+	on an owner of a motor vehicle parked on such property. The provisions 222
	280	+	of this subsection shall not apply to an independent institution of higher 223
	281	+	education, as defined in subsection (a) of section 10a-173, or a private 224
	282	+	secondary school. 225
	283	+	[(e)] (f) Any person who violates any provision of this section shall, 226
	284	+	for a first offense, be deemed to have committed an infraction and be 227
	285	+	fined fifty dollars, and, for each subsequent offense, shall be fined not 228
	286	+	less than fifty dollars and not more than one hundred dollars or 229
	287	+	imprisoned not more than thirty days or be both fined and imprisoned. 230
	288	+	Sec. 4. Section 14-145a of the general statutes is repealed and the 231
	289	+	following is substituted in lieu thereof (Effective October 1, 2023): 232
	290	+	(a) No [vehicle] vehicles shall be towed or removed from private 233
	291	+	property except (1) upon express instruction of the owner or lessee, or 234
	292	+	[his or her] such owner or lessee's agent, of the property [upon which 235
	293	+	the vehicle is trespassing] for each individual case of a vehicle left 236
	294	+	without authorization on such property, or (2) for the purpose of 237
	295	+	repossession of the motor vehicle by a lending institution. No vehicle 238
	296	+	shall be rendered immovable on private property through the use of a 239
	297	+	wheel-locking device except upon express instruction of the owner or 240
	298	+	lessee, or [his or her] such owner or lessee's agent. Nothing in this 241
	299	+	subsection shall be construed to limit the right of a municipality or the 242
	300	+	state to remove an abandoned motor vehicle in accordance with the 243
	301	+	provisions of section 14-150. 244
	302	+	(b) No person, [or] firm or corporation licensed under section 14-66, 245
	303	+	as amended by this act, that tows or removes a motor vehicle from 246
	304	+	private property or renders a motor vehicle immovable on private 247 Raised Bill No. 6657
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315		-	(2) establishing the procedure whereby such person, firm or corporation 250
316		-	may obtain title to such motor vehicle. 251
317		-	[(d)] (e) No owner or lessee of private property, or [his or her] such 252
318		-	owner or lessee's agent, shall issue a parking citation by written 253
319		-	warning, posted signage or other means to impose a monetary sanction 254
320		-	on an owner of a motor vehicle parked on such property. The provisions 255
321		-	of this subsection shall not apply to an independent institution of higher 256
322		-	education, as defined in subsection (a) of section 10a-173, or a private 257
323		-	secondary school. 258
324		-	[(e)] (f) Any person who violates any provision of this section shall, 259
325		-	for a first offense, be deemed to have committed an infraction and be 260
326		-	fined fifty dollars, and, for each subsequent offense, shall be fined not 261
327		-	less than fifty dollars and not more than one hundred dollars or 262
328		-	imprisoned not more than thirty days or be both fined and imprisoned. 263
329		-	Sec. 4. Section 14-145a of the general statutes is repealed and the 264
330		-	following is substituted in lieu thereof (Effective October 1, 2023): 265
331		-	(a) No [vehicle] person, firm or corporation licensed under section 14-266
332		-	66, as amended by this act, shall [be towed or removed] tow or remove 267
333		-	a motor vehicle from private property [except (1) upon express 268
334		-	instruction of the owner or lessee, or his or her agent, of the property 269
335		-	upon which the vehicle is trespassing, or (2) for the purpose of 270
336		-	repossession of the motor vehicle by a lending institution. No vehicle 271
337		-	shall be rendered immovable on private property through the use of a 272
338		-	wheel-locking device except upon express instruction of the owner or 273
339		-	lessee, or his or her agent] without first obtaining the written 274
340		-	authorization to tow or remove such motor vehicle, at any time within 275
341		-	the twenty-four hours preceding the tow or removal, from the owner or 276
342		-	lessee, or such owner or lessee's agent, who shall be present on the 277
343		-	property and verify the reason for such tow or removal. Such written 278
344		-	authorization shall include (1) the make, model, vehicle identification 279
345		-	number and number plate of the motor vehicle to be tow or removed, 280
346		-	(2) the name, signature, job title, residential or business address and 281 Substitute Bill No. 6657
	308	+	LCO No. 4008 9 of 11
	309	+
	310	+	property shall rebate or pay any money or other valuable consideration 248
	311	+	to the owner or lessee, or [his or her] such owner or lessee's agent, of the 249
	312	+	property from which the vehicle is towed or removed or on which the 250
	313	+	vehicle is rendered immovable, or to a lending institution, for the 251
	314	+	privilege of towing, removing or rendering immovable such vehicle. 252
	315	+	(c) No person, firm or corporation licensed under section 14-66, as 253
	316	+	amended by this act, shall enter into any agreement with an owner or 254
	317	+	lessee of private property to provide automatic or systematic 255
	318	+	surveillance of such property for the purpose of towing or removing any 256
	319	+	motor vehicle from such property, except upon express instruction by 257
	320	+	such owner or lessee to such person, firm or corporation for each 258
	321	+	individual case of a motor vehicle left without authorization on such 259
	322	+	property. Any person, firm or corporation violating the provisions of 260
	323	+	this subsection shall be fined not more than one thousand dollars. 261
	324	+	Sec. 5. Section 14-145b of the general statutes is repealed and the 262
	325	+	following is substituted in lieu thereof (Effective October 1, 2023): 263
	326	+	(a) (1) Any vehicle towed or removed from private property pursuant 264
	327	+	to sections 14-145 to 14-145c, inclusive, as amended by this act, shall be 265
	328	+	stored at the site of the towing company's business in a secured storage 266
	329	+	lot, provided such site is located within a twenty-mile radius of the 267
	330	+	private property from where the vehicle was removed. The site shall be 268
	331	+	open during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, 269
	332	+	and be reasonably available on Saturday, Sunday and holidays, for the 270
	333	+	purpose of vehicle redemption. 271
	334	+	(2) No vehicle shall be rendered immovable on private property 272
	335	+	through use of a wheel-locking device pursuant to sections 14-145 to 14-273
	336	+	145c, inclusive, as amended by this act, unless the vehicle is located in a 274
	337	+	secure place on such property that is reasonably accessible for the 275
	338	+	purpose of vehicle redemption. Personnel to provide for vehicle 276
	339	+	redemption shall be on such property for not less than eight hours after 277
	340	+	a vehicle has been rendered immovable. Additionally, signage shall 278
	341	+	describe the hours for vehicle redemption when the eight-hour deadline 279 Raised Bill No. 6657
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353		-	telephone number of the owner or lessee, or such owner or lessee's 282
354		-	agent, authorizing the tow or removal, (3) the reason for removing the 283
355		-	motor vehicle, (4) the time when the motor vehicle was first observed 284
356		-	parked at the private property, and (5) the time that authorization to tow 285
357		-	or remove the motor vehicle was given. Such person, firm or corporation 286
358		-	may be an agent of such owner or lessee with the authority to provide 287
359		-	the written authorization described in this subsection only for the tow 288
360		-	or removal of a motor vehicle that is left on such property as described 289
361		-	in subparagraphs (A) to (I), inclusive, of subdivision (4) of subsection (a) 290
362		-	of section 14-145, as amended by this act. Nothing in this subsection 291
363		-	shall be construed to limit the right of a municipality or the state to 292
364		-	remove an abandoned motor vehicle in accordance with the provisions 293
365		-	of section 14-150. 294
366		-	(b) No vehicle shall be rendered immovable on private property 295
367		-	through the use of a wheel-locking device except upon express 296
368		-	instruction of the owner or lessee, or such owner or lessee's agent. 297
369		-	[(b)] (c) No person, [or] firm or corporation that tows or removes a 298
370		-	motor vehicle from private property or renders a motor vehicle 299
371		-	immovable on private property shall rebate or pay any money or other 300
372		-	valuable consideration to the owner or lessee, or [his or her] such owner 301
373		-	or lessee's agent, of the property from which the vehicle is towed or 302
374		-	removed or on which the vehicle is rendered immovable, or to a lending 303
375		-	institution, for the privilege of towing, removing or rendering 304
376		-	immovable such vehicle. 305
377		-	(d) Any person, firm or corporation violating any provision of this 306
378		-	section shall be fined not more than one thousand dollars. 307
379		-	Sec. 5. Section 14-145b of the general statutes is repealed and the 308
380		-	following is substituted in lieu thereof (Effective October 1, 2023): 309
381		-	(a) (1) Any vehicle towed or removed from private property pursuant 310
382		-	to sections 14-145 to 14-145c, inclusive, as amended by this act, shall be 311
383		-	stored at the site of the towing company's business in a secured storage 312 Substitute Bill No. 6657
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389		-
390		-	lot, provided the site of such lot is located within a ten-mile radius of 313
391		-	the private property from where the vehicle was removed if the private 314
392		-	property is located in a municipality with a population greater than fifty 315
393		-	thousand. The site shall be open during the hours of 8:00 a.m. to 5:00 316
394		-	p.m., Monday through Friday, and be reasonably available on Saturday, 317
395		-	Sunday and holidays, for the purpose of vehicle redemption. 318
396		-	(2) No vehicle shall be rendered immovable on private property 319
397		-	through use of a wheel-locking device pursuant to sections 14-145 to 14-320
398		-	145c, inclusive, as amended by this act, unless the vehicle is located in a 321
399		-	secure place on such property that is reasonably accessible for the 322
400		-	purpose of vehicle redemption. Personnel to provide for vehicle 323
401		-	redemption shall be on such property for not less than eight hours after 324
402		-	a vehicle has been rendered immovable. Additionally, signage shall 325
403		-	describe the hours for vehicle redemption when the eight-hour deadline 326
404		-	has passed. If the vehicle is towed or removed from such property, all 327
405		-	provisions of sections 14-145 to 14-145c, inclusive, as amended by this 328
406		-	act, relating to the towing or removal of a vehicle shall be applicable. 329
407		-	(b) When a vehicle has been towed or removed pursuant to sections 330
408		-	14-145 to 14-145c, inclusive, as amended by this act, it shall be released 331
409		-	to its owner, a lending institution or a person authorized by the owner 332
410		-	or lending institution to regain possession, upon demand, provided the 333
411		-	demand is made between the hours of 8:00 a.m. and 5:00 p.m., Monday 334
412		-	through Friday or at a reasonable time on Saturday, Sunday or holidays 335
413		-	and the owner or authorized person presents proof of registration and 336
414		-	pays the costs of towing or removal and of storage. The person, firm or 337
415		-	corporation towing or removing the vehicle shall accept such payment 338
416		-	by cash or credit card and maintain sufficient cash at the office of such 339
417		-	person, firm or corporation to provide change to the owner or 340
418		-	authorized person at the time of payment. Such person, firm or 341
419		-	corporation may charge a service fee for any such payment made by a 342
420		-	credit card, provided the service fee shall not exceed any charge of the 343
421		-	card issuer paid by such person, firm or corporation, including any 344
422		-	discount rate. 345 Substitute Bill No. 6657
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429		-	(c) Any vehicle owner, lending institution or agent of the owner or 346
430		-	lending institution, shall have the right to inspect the vehicle before 347
431		-	accepting its return or removal of a wheel-locking device. No general 348
432		-	release of any kind that would release the person, [or] firm or 349
433		-	corporation towing, removing or storing the vehicle or rendering the 350
434		-	vehicle immovable from liability for damages or from liability for any 351
435		-	claim that the vehicle was towed or rendered immovable without 352
436		-	justification may be required from any vehicle owner, lending 353
437		-	institution or agent of the owner or lending institution, as a condition of 354
438		-	release of the vehicle. A receipt showing the name of the person, [or] 355
439		-	firm or corporation towing or removing the vehicle or rendering the 356
440		-	vehicle immovable and an itemization of the charges shall be provided 357
441		-	to the person paying the towing or removal and storage costs or the 358
442		-	charge for removal of a wheel-locking device at the time of payment. 359
	347	+	has passed. If the vehicle is towed or removed from such property, all 280
	348	+	provisions of sections 14-145 to 14-145c, inclusive, as amended by this 281
	349	+	act, relating to the towing or removal of a vehicle shall be applicable. 282
	350	+	(b) When a vehicle has been towed or removed pursuant to sections 283
	351	+	14-145 to 14-145c, inclusive, as amended by this act, it shall be released 284
	352	+	to its owner, a lending institution or a person authorized by the owner 285
	353	+	or lending institution to regain possession, upon demand, provided the 286
	354	+	demand is made between the hours of 8:00 a.m. and 5:00 p.m., Monday 287
	355	+	through Friday or at a reasonable time on Saturday, Sunday or holidays 288
	356	+	and the owner or authorized person presents proof of registration and 289
	357	+	pays the costs of towing or removal and of storage. The person or firm 290
	358	+	towing or removing the vehicle shall accept such payment by cash, 291
	359	+	check, credit card or debit card and maintain sufficient cash at the office 292
	360	+	of the towing company's business to provide change to the owner or 293
	361	+	authorized person at the time of payment. 294
	362	+	(c) Any vehicle owner, lending institution or agent of the owner or 295
	363	+	lending institution, shall have the right to inspect the vehicle before 296
	364	+	accepting its return or removal of a wheel-locking device. No general 297
	365	+	release of any kind that would release the person or firm towing, 298
	366	+	removing or storing the vehicle or rendering the vehicle immovable 299
	367	+	from liability for damages or from liability for any claim that the vehicle 300
	368	+	was towed or rendered immovable without justification may be 301
	369	+	required from any vehicle owner, lending institution or agent of the 302
	370	+	owner or lending institution, as a condition of release of the vehicle. A 303
	371	+	receipt showing the name of the person or firm towing or removing the 304
	372	+	vehicle or rendering the vehicle immovable and an itemization of the 305
	373	+	charges shall be provided to the person paying the towing or removal 306
	374	+	and storage costs or the charge for removal of a wheel-locking device at 307
	375	+	the time of payment. 308
443	376		This act shall take effect as follows and shall amend the following
444	377		sections:
445	378
446	379		Section 1 October 1, 2023 14-66(a)
447		-	Sec. 2 October 1, 2023 14-66b
	380	+	Sec. 2 October 1, 2023 14-66b Raised Bill No. 6657
	381	+
	382	+
	383	+
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	385	+
448	386		Sec. 3 October 1, 2023 14-145
449	387		Sec. 4 October 1, 2023 14-145a
450	388		Sec. 5 October 1, 2023 14-145b
451	389
452		-	Statement of Legislative Commissioners:
453		-	In Section 1(a)(2), "charges" was changed to "schedule" for internal
454		-	consistency; in Section 1(a)(3), ", firm or corporation" was inserted for
455		-	consistency; in Section 3(a)(2), the first sentence was rewritten for
456		-	clarity; in Section 4(a), "without first obtaining the written
457		-	authorization" was moved for consistency with standard drafting
458		-	conventions and "at any time" was inserted and the third sentence was
459		-	rewritten for clarity; in Section 4(c), "licensed under section 14-66, as
460		-	amended by this act" was deleted for accuracy; in Section 5(a), "of such
461		-	lot" was inserted for clarity; and in Section 5(c), "person or firm" was
462		-	changed to "person, [or] firm or corporation" for consistency and "paid
463		-	by such person, firm or corporation" was added for clarity.
464		-
465		-	TRA Joint Favorable Subst. Substitute Bill No. 6657
466		-
467		-
468		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06657-
469		-	R01-HB.docx }
470		-	13 of 13
471		-
	390	+	Statement of Purpose:
	391	+	To (1) require the Commissioner of Motor Vehicles to consider
	392	+	operating costs of the towing industry when establishing rates and
	393	+	charges for nonconsensual towing, (2) prohibit wreckers from charging
	394	+	for more than twenty miles of towing or transporting, (3) require
	395	+	wreckers to take one or more pictures of a motor vehicle prior to towing
	396	+	or transporting and accept payment by cash, check, credit card or debit
	397	+	card and provide change when appropriate, (4) require twenty-four-
	398	+	hour notice prior to removing a motor vehicle from private property,
	399	+	and (5) prohibit agreements between property owners and wreckers for
	400	+	the surveillance of property for the purpose of towing vehicles.
	401	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	402	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	403	+	underlined.]
472	404