Sen. John M. Sullivan

Filed: 3/5/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1825

2    AMENDMENT NO. ______. Amend Senate Bill 1825 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 4-203 and 18a-300 as follows:
 
6    (625 ILCS 5/4-203)  (from Ch. 95 1/2, par. 4-203)
7    Sec. 4-203. Removal of motor vehicles or other vehicles;
8Towing or hauling away.
9    (a) When a vehicle is abandoned, or left unattended, on a
10toll highway, interstate highway, or expressway for 2 hours or
11more, its removal by a towing service may be authorized by a
12law enforcement agency having jurisdiction.
13    (b) When a vehicle is abandoned on a highway in an urban
14district 10 hours or more, its removal by a towing service may
15be authorized by a law enforcement agency having jurisdiction.
16    (c) When a vehicle is abandoned or left unattended on a

 

 

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1highway other than a toll highway, interstate highway, or
2expressway, outside of an urban district for 24 hours or more,
3its removal by a towing service may be authorized by a law
4enforcement agency having jurisdiction.
5    (d) When an abandoned, unattended, wrecked, burned or
6partially dismantled vehicle is creating a traffic hazard
7because of its position in relation to the highway or its
8physical appearance is causing the impeding of traffic, its
9immediate removal from the highway or private property adjacent
10to the highway by a towing service may be authorized by a law
11enforcement agency having jurisdiction.
12    (e) Whenever a peace officer reasonably believes that a
13person under arrest for a violation of Section 11-501 of this
14Code or a similar provision of a local ordinance is likely,
15upon release, to commit a subsequent violation of Section
1611-501, or a similar provision of a local ordinance, the
17arresting officer shall have the vehicle which the person was
18operating at the time of the arrest impounded for a period of
19not more than 12 hours after the time of arrest. However, such
20vehicle may be released by the arresting law enforcement agency
21prior to the end of the impoundment period if:
22        (1) the vehicle was not owned by the person under
23    arrest, and the lawful owner requesting such release
24    possesses a valid operator's license, proof of ownership,
25    and would not, as determined by the arresting law
26    enforcement agency, indicate a lack of ability to operate a

 

 

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1    motor vehicle in a safe manner, or who would otherwise, by
2    operating such motor vehicle, be in violation of this Code;
3    or
4        (2) the vehicle is owned by the person under arrest,
5    and the person under arrest gives permission to another
6    person to operate such vehicle, provided however, that the
7    other person possesses a valid operator's license and would
8    not, as determined by the arresting law enforcement agency,
9    indicate a lack of ability to operate a motor vehicle in a
10    safe manner or who would otherwise, by operating such motor
11    vehicle, be in violation of this Code.
12    (e-5) Whenever a registered owner of a vehicle is taken
13into custody for operating the vehicle in violation of Section
1411-501 of this Code or a similar provision of a local ordinance
15or Section 6-303 of this Code, a law enforcement officer may
16have the vehicle immediately impounded for a period not less
17than:
18        (1) 24 hours for a second violation of Section 11-501
19    of this Code or a similar provision of a local ordinance or
20    Section 6-303 of this Code or a combination of these
21    offenses; or
22        (2) 48 hours for a third violation of Section 11-501 of
23    this Code or a similar provision of a local ordinance or
24    Section 6-303 of this Code or a combination of these
25    offenses.
26    The vehicle may be released sooner if the vehicle is owned

 

 

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1by the person under arrest and the person under arrest gives
2permission to another person to operate the vehicle and that
3other person possesses a valid operator's license and would
4not, as determined by the arresting law enforcement agency,
5indicate a lack of ability to operate a motor vehicle in a safe
6manner or would otherwise, by operating the motor vehicle, be
7in violation of this Code.
8    (f) Except as provided in Chapter 18a of this Code, the
9owner or lessor of privately owned real property within this
10State, or any person authorized by such owner or lessor, or any
11law enforcement agency in the case of publicly owned real
12property may cause any motor vehicle abandoned or left
13unattended upon such property without permission to be removed
14by a towing service without liability for the costs of removal,
15transportation or storage or damage caused by such removal,
16transportation or storage. The towing or removal of any vehicle
17from private property without the consent of the registered
18owner or other legally authorized person in control of the
19vehicle is subject to compliance with the following conditions
20and restrictions:
21        1. Any towed or removed vehicle must be stored at the
22    site of the towing service's place of business. The site
23    must be open during business hours, and for the purpose of
24    redemption of vehicles, during the time that the person or
25    firm towing such vehicle is open for towing purposes.
26        2. The towing service shall within 30 minutes of

 

 

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1    completion of such towing or removal, notify the law
2    enforcement agency having jurisdiction of such towing or
3    removal, and the make, model, color and license plate
4    number of the vehicle, and shall obtain and record the name
5    of the person at the law enforcement agency to whom such
6    information was reported.
7        3. If the registered owner or legally authorized person
8    entitled to possession of the vehicle shall arrive at the
9    scene prior to actual removal or towing of the vehicle, the
10    vehicle shall be disconnected from the tow truck and that
11    person shall be allowed to remove the vehicle without
12    interference, upon the payment of a reasonable service fee
13    of not more than one half the posted rate of the towing
14    service as provided in paragraph 6 of this subsection, for
15    which a receipt shall be given.
16        4. The rebate or payment of money or any other valuable
17    consideration from the towing service or its owners,
18    managers or employees to the owners or operators of the
19    premises from which the vehicles are towed or removed, for
20    the privilege of removing or towing those vehicles, is
21    prohibited. Any individual who violates this paragraph
22    shall be guilty of a Class A misdemeanor.
23        5. Except for property appurtenant to and obviously a
24    part of a single family residence, and except for instances
25    where notice is personally given to the owner or other
26    legally authorized person in control of the vehicle that

 

 

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1    the area in which that vehicle is parked is reserved or
2    otherwise unavailable to unauthorized vehicles and they
3    are subject to being removed at the owner or operator's
4    expense, any property owner or lessor, prior to towing or
5    removing any vehicle from private property without the
6    consent of the owner or other legally authorized person in
7    control of that vehicle, must post a notice meeting the
8    following requirements:
9            a. Except as otherwise provided in subparagraph
10        a.1 of this subdivision (f)5, the notice must be
11        prominently placed at each driveway access or curb cut
12        allowing vehicular access to the property within 5 feet
13        from the public right-of-way line. If there are no
14        curbs or access barriers, the sign must be posted not
15        less than one sign each 100 feet of lot frontage.
16            a.1. In a municipality with a population of less
17        than 250,000, as an alternative to the requirement of
18        subparagraph a of this subdivision (f)5, the notice for
19        a parking lot contained within property used solely for
20        a 2-family, 3-family, or 4-family residence may be
21        prominently placed at the perimeter of the parking lot,
22        in a position where the notice is visible to the
23        occupants of vehicles entering the lot.
24            b. The notice must indicate clearly, in not less
25        than 2 inch high light-reflective letters on a
26        contrasting background, that unauthorized vehicles

 

 

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1        will be towed away at the owner's expense.
2            c. The notice must also provide the name and
3        current telephone number of the towing service towing
4        or removing the vehicle.
5            d. The sign structure containing the required
6        notices must be permanently installed with the bottom
7        of the sign not less than 4 feet above ground level,
8        and must be continuously maintained on the property for
9        not less than 24 hours prior to the towing or removing
10        of any vehicle.
11        6. Any towing service that tows or removes vehicles and
12    proposes to require the owner, operator, or person in
13    control of the vehicle to pay the costs of towing and
14    storage prior to redemption of the vehicle must file and
15    keep on record with the local law enforcement agency a
16    complete copy of the current rates to be charged for such
17    services, and post at the storage site an identical rate
18    schedule and any written contracts with property owners,
19    lessors, or persons in control of property which authorize
20    them to remove vehicles as provided in this Section. The
21    towing and storage charges, however, shall not exceed the
22    maximum allowed by the Illinois Commerce Commission under
23    Section 18a-200.
24        7. No person shall engage in the removal of vehicles
25    from private property as described in this Section without
26    filing a notice of intent in each community where he

 

 

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1    intends to do such removal, and such notice shall be filed
2    at least 7 days before commencing such towing.
3        8. No removal of a vehicle from private property shall
4    be done except upon express written instructions of the
5    owners or persons in charge of the private property upon
6    which the vehicle is said to be trespassing.
7        9. Vehicle entry for the purpose of removal shall be
8    allowed with reasonable care on the part of the person or
9    firm towing the vehicle. Such person or firm shall be
10    liable for any damages occasioned to the vehicle if such
11    entry is not in accordance with the standards of reasonable
12    care.
13        9.5. Except as authorized by a law enforcement officer,
14    no towing service shall engage in the removal of a
15    commercial motor vehicle by operating the vehicle under its
16    own power on a highway.
17        10. When a vehicle has been towed or removed pursuant
18    to this Section, it must be released to its owner or
19    custodian within one half hour after requested, if such
20    request is made during business hours. Any vehicle owner or
21    custodian or agent shall have the right to inspect the
22    vehicle before accepting its return, and no release or
23    waiver of any kind which would release the towing service
24    from liability for damages incurred during the towing and
25    storage may be required from any vehicle owner or other
26    legally authorized person as a condition of release of the

 

 

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1    vehicle. A detailed, signed receipt showing the legal name
2    of the towing service must be given to the person paying
3    towing or storage charges at the time of payment, whether
4    requested or not.
5    This Section shall not apply to law enforcement,
6firefighting, rescue, ambulance, or other emergency vehicles
7which are marked as such or to property owned by any
8governmental entity.
9    When an authorized person improperly causes a motor vehicle
10to be removed, such person shall be liable to the owner or
11lessee of the vehicle for the cost or removal, transportation
12and storage, any damages resulting from the removal,
13transportation and storage, attorney's fee and court costs.
14    Any towing or storage charges accrued shall be payable by
15the use of any major credit card, in addition to being payable
16in cash.
17        11. Towing companies shall also provide insurance
18    coverage for areas where vehicles towed under the
19    provisions of this Chapter will be impounded or otherwise
20    stored, and shall adequately cover loss by fire, theft or
21    other risks.
22    Any person who fails to comply with the conditions and
23restrictions of this subsection shall be guilty of a Class C
24misdemeanor and shall be fined not less than $100 nor more than
25$500.
26    (g)(1) When a vehicle is determined to be a hazardous

 

 

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1dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
2Illinois Municipal Code or Section 5-12002.1 of the Counties
3Code, its removal and impoundment by a towing service may be
4authorized by a law enforcement agency with appropriate
5jurisdiction.
6    (2) When a vehicle removal from either public or private
7property is authorized by a law enforcement agency, the owner
8of the vehicle shall be responsible for all towing and storage
9charges.
10    (3) Vehicles removed from public or private property and
11stored by a commercial vehicle relocator or any other towing
12service authorized by a law enforcement agency in compliance
13with this Section and Sections 4-201 and 4-202 of this Code, or
14at the request of the vehicle owner or operator, shall be
15subject to a possessor lien for services pursuant to the Labor
16and Storage Lien (Small Amount) Act. The provisions of Section
171 of that Act relating to notice and implied consent shall be
18deemed satisfied by compliance with Section 18a-302 and
19subsection (6) of Section 18a-300. In no event shall such lien
20be greater than the rate or rates established in accordance
21with subsection (6) of Section 18a-200 of this Code. In no
22event shall such lien be increased or altered to reflect any
23charge for services or materials rendered in addition to those
24authorized by this Act. Every such lien shall be payable by use
25of any major credit card, in addition to being payable in cash.
26    (4) Any personal property belonging to the vehicle owner in

 

 

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1a vehicle subject to a lien under this subsection (g) shall
2likewise be subject to that lien, excepting only: child
3restraint systems as defined in Section 4 of the Child
4Passenger Protection Act and other child booster seats;
5eyeglasses; food; medicine; perishable property; any
6operator's licenses; any cash, credit cards, or checks or
7checkbooks; any wallet, purse, or other property containing any
8operator's license or other identifying documents or
9materials, cash, credit cards, checks, or checkbooks; and any
10personal property belonging to a person other than the vehicle
11owner if that person provides adequate proof that the personal
12property belongs to that person. The spouse, child, mother,
13father, brother, or sister of the vehicle owner may claim
14personal property excepted under this paragraph (4) if the
15person claiming the personal property provides the commercial
16vehicle relocator or towing service with the authorization of
17the vehicle owner.
18    (5) This paragraph (5) applies only in the case of a
19vehicle that is towed as a result of being involved in an
20accident. In addition to the personal property excepted under
21paragraph (4), all other personal property in a vehicle subject
22to a lien under this subsection (g) is exempt from that lien
23and may be claimed by the vehicle owner if the vehicle owner
24provides the commercial vehicle relocator or towing service
25with proof that the vehicle owner has an insurance policy
26covering towing and storage fees. The spouse, child, mother,

 

 

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1father, brother, or sister of the vehicle owner may claim
2personal property in a vehicle subject to a lien under this
3subsection (g) if the person claiming the personal property
4provides the commercial vehicle relocator or towing service
5with the authorization of the vehicle owner and proof that the
6vehicle owner has an insurance policy covering towing and
7storage fees. The regulation of liens on personal property and
8exceptions to those liens in the case of vehicles towed as a
9result of being involved in an accident are exclusive powers
10and functions of the State. A home rule unit may not regulate
11liens on personal property and exceptions to those liens in the
12case of vehicles towed as a result of being involved in an
13accident. This paragraph (5) is a denial and limitation of home
14rule powers and functions under subsection (h) of Section 6 of
15Article VII of the Illinois Constitution.
16    (6) No lien under this subsection (g) shall: exceed $2,000
17in its total amount; or be increased or altered to reflect any
18charge for services or materials rendered in addition to those
19authorized by this Act.
20    (h) Whenever a peace officer issues a citation to a driver
21for a violation of subsection (a) of Section 11-506 of this
22Code, the arresting officer may have the vehicle which the
23person was operating at the time of the arrest impounded for a
24period of 5 days after the time of arrest. An impounding agency
25shall release a motor vehicle impounded under this subsection
26(h) to the registered owner of the vehicle under any of the

 

 

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1following circumstances:
2        (1) If the vehicle is a stolen vehicle; or
3        (2) If the person ticketed for a violation of
4    subsection (a) of Section 11-506 of this Code was not
5    authorized by the registered owner of the vehicle to
6    operate the vehicle at the time of the violation; or
7        (3) If the registered owner of the vehicle was neither
8    the driver nor a passenger in the vehicle at the time of
9    the violation or was unaware that the driver was using the
10    vehicle to engage in street racing; or
11        (4) If the legal owner or registered owner of the
12    vehicle is a rental car agency; or
13        (5) If, prior to the expiration of the impoundment
14    period specified above, the citation is dismissed or the
15    defendant is found not guilty of the offense.
16(Source: P.A. 96-1274, eff. 7-26-10; 96-1506, eff. 1-27-11;
1797-779, eff. 7-13-12.)
 
18    (625 ILCS 5/18a-300)  (from Ch. 95 1/2, par. 18a-300)
19    Sec. 18a-300. Commercial vehicle relocators - Unlawful
20practices. It shall be unlawful for any commercial vehicle
21relocator:
22        (1) To operate in any county in which this Chapter is
23    applicable without a valid, current relocator's license as
24    provided in Article IV of this Chapter;
25        (2) To employ as an operator, or otherwise so use the

 

 

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1    services of, any person who does not have at the
2    commencement of employment or service, or at any time
3    during the course of employment or service, a valid,
4    current operator's employment permit, or temporary
5    operator's employment permit issued in accordance with
6    Sections 18a-403 or 18a-405 of this Chapter; or to fail to
7    notify the Commission, in writing, of any known criminal
8    conviction of any employee occurring at any time before or
9    during the course of employment or service;
10        (3) To employ as a dispatcher, or otherwise so use the
11    services of, any person who does not have at the
12    commencement of employment or service, or at any time
13    during the course of employment or service, a valid,
14    current dispatcher's or operator's employment permit or
15    temporary dispatcher's or operator's employment permit
16    issued in accordance with Sections 18a-403 or 18a-407 of
17    this Chapter; or to fail to notify the Commission, in
18    writing, of any known criminal conviction of any employee
19    occurring at any time before or during the course of
20    employment or service;
21        (4) To operate upon the highways of this State any
22    vehicle used in connection with any commercial vehicle
23    relocation service unless:
24             (A) There is painted or firmly affixed to the
25        vehicle on both sides of the vehicle in a color or
26        colors vividly contrasting to the color of the vehicle

 

 

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1        the name, address and telephone number of the
2        relocator. The Commission shall prescribe reasonable
3        rules and regulations pertaining to insignia to be
4        painted or firmly affixed to vehicles and shall waive
5        the requirements of the address on any vehicle in cases
6        where the operator of a vehicle has painted or
7        otherwise firmly affixed to the vehicle a seal or trade
8        mark that clearly identifies the operator of the
9        vehicle; and
10             (B) There is carried in the power unit of the
11        vehicle a certified copy of the currently effective
12        relocator's license and operator's employment permit.
13        Copies may be photographed, photocopied, or reproduced
14        or printed by any other legible and durable process.
15        Any person guilty of not causing to be displayed a copy
16        of his relocator's license and operator's employment
17        permit may in any hearing concerning the violation be
18        excused from the payment of the penalty hereinafter
19        provided upon a showing that the license was issued by
20        the Commission, but was subsequently lost or
21        destroyed;
22        (5) To operate upon the highways of this State any
23    vehicle used in connection with any commercial vehicle
24    relocation service that bears the name or address and
25    telephone number of any person or entity other than the
26    relocator by which it is owned or to which it is leased;

 

 

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1        (6) To advertise in any newspaper, book, list,
2    classified directory or other publication unless there is
3    contained in the advertisement the license number of the
4    relocator;
5        (7) To remove any vehicle from private property without
6    having first obtained the written authorization of the
7    property owner or other person in lawful possession or
8    control of the property, his authorized agent, or an
9    authorized law enforcement officer. The authorization may
10    be on a contractual basis covering a period of time or
11    limited to a specific removal;
12        (8) To charge the private property owner, who requested
13    that an unauthorized vehicle be removed from his property,
14    with the costs of removing the vehicle contrary to any
15    terms that may be a part of the contract between the
16    property owner and the commercial relocator. Nothing in
17    this paragraph shall prevent a relocator from assessing,
18    collecting, or receiving from the property owner, lessee,
19    or their agents any fee prescribed by the Commission;
20        (9) To remove a vehicle when the owner or operator of
21    the vehicle is present or arrives at the vehicle location
22    at any time prior to the completion of removal, and is
23    willing and able to remove the vehicle immediately;
24        (10) To remove any vehicle from property on which signs
25    are required and on which there are not posted appropriate
26    signs under Section 18a-302;

 

 

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1        (11) To fail to notify law enforcement authorities in
2    the jurisdiction in which the trespassing vehicle was
3    removed within one hour of the removal. Notification shall
4    include a complete description of the vehicle,
5    registration numbers if possible, the locations from which
6    and to which the vehicle was removed, the time of removal,
7    and any other information required by regulation, statute
8    or ordinance;
9        (12) To impose any charge other than in accordance with
10    the rates set by the Commission as provided in paragraph
11    (6) of Section 18a-200 of this Chapter;
12        (13) To fail, in the office or location at which
13    relocated vehicles are routinely returned to their owners,
14    to prominently post the name, address and telephone number
15    of the nearest office of the Commission to which inquiries
16    or complaints may be sent;
17        (13.1) To fail to distribute to each owner or operator
18    of a relocated vehicle, in written form as prescribed by
19    Commission rule or regulation, the relevant statutes,
20    regulations and ordinances governing commercial vehicle
21    relocators, including, in at least 12 point boldface type,
22    the name, address and telephone number of the nearest
23    office of the Commission to which inquiries or complaints
24    may be sent;
25        (13.2) To fail, in the office or location at which
26    relocated vehicles are routinely returned to their owners,

 

 

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1    to ensure that the relocator's representative provides
2    suitable evidence of his or her identity to the owners of
3    relocated vehicles upon request;
4        (14) To remove any vehicle, otherwise in accordance
5    with this Chapter, more than 15 air miles from its location
6    when towed from a location in an unincorporated area of a
7    county or more than 10 air miles from its location when
8    towed from any other location;
9        (15) To fail to make a telephone number available to
10    the police department of any municipality in which a
11    relocator operates at which the relocator or an employee of
12    the relocator may be contacted at any time during the hours
13    in which the relocator is engaged in the towing of
14    vehicles, or advertised as engaged in the towing of
15    vehicles, for the purpose of effectuating the release of a
16    towed vehicle; or to fail to include the telephone number
17    in any advertisement of the relocator's services published
18    or otherwise appearing on or after the effective date of
19    this amendatory Act; or to fail to have an employee
20    available at any time on the premises owned or controlled
21    by the relocator for the purposes of arranging for the
22    immediate release of the vehicle.
23        Apart from any other penalty or liability authorized
24    under this Act, if after a reasonable effort, the owner of
25    the vehicle is unable to make telephone contact with the
26    relocator for a period of one hour from his initial attempt

 

 

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1    during any time period in which the relocator is required
2    to respond at the number, all fees for towing, storage, or
3    otherwise are to be waived. Proof of 3 attempted phone
4    calls to the number provided to the police department by an
5    officer or employee of the department on behalf of the
6    vehicle owner within the space of one hour, at least 2 of
7    which are separated by 45 minutes, shall be deemed
8    sufficient proof of the owner's reasonable effort to make
9    contact with the vehicle relocator. Failure of the
10    relocator to respond to the phone calls is not a criminal
11    violation of this Chapter;
12        (16) To use equipment which the relocator does not own,
13    except in compliance with Section 18a-306 of this Chapter
14    and Commission regulations. No equipment can be leased to
15    more than one relocator at any time. Equipment leases shall
16    be filed with the Commission. If equipment is leased to one
17    relocator, it cannot thereafter be leased to another
18    relocator until a written cancellation of lease is properly
19    filed with the Commission;
20        (17) To use drivers or other personnel who are not
21    employees or contractors of the relocator;
22        (18) To fail to refund any amount charged in excess of
23    the reasonable rate established by the Commission;
24        (19) To violate any other provision of this Chapter, or
25    of Commission regulations or orders adopted under this
26    Chapter.

 

 

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1        (20) To engage in the removal of a commercial motor
2    vehicle by operating the vehicle under its own power on a
3    highway without authorization by a law enforcement
4    officer.
5(Source: P.A. 94-650, eff. 1-1-06.)".