Sen. Martin A. Sandoval

Filed: 5/6/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1441

2    AMENDMENT NO. ______. Amend Senate Bill 1441 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 4-203, 6-118, 11-1431, 18a-300, and 18d-153
6and by adding Section 4-203.5 as follows:
 
7    (625 ILCS 5/4-203)  (from Ch. 95 1/2, par. 4-203)
8    Sec. 4-203. Removal of motor vehicles or other vehicles;
9Towing or hauling away.
10    (a) When a vehicle is abandoned, or left unattended, on a
11toll highway, interstate highway, or expressway for 2 hours or
12more, its removal by a towing service may be authorized by a
13law enforcement agency having jurisdiction.
14    (b) When a vehicle is abandoned on a highway in an urban
15district 10 hours or more, its removal by a towing service may
16be authorized by a law enforcement agency having jurisdiction.

 

 

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1    (c) When a vehicle is abandoned or left unattended on a
2highway other than a toll highway, interstate highway, or
3expressway, outside of an urban district for 24 hours or more,
4its removal by a towing service may be authorized by a law
5enforcement agency having jurisdiction.
6    (d) When an abandoned, unattended, wrecked, burned or
7partially dismantled vehicle is creating a traffic hazard
8because of its position in relation to the highway or its
9physical appearance is causing the impeding of traffic, its
10immediate removal from the highway or private property adjacent
11to the highway by a towing service may be authorized by a law
12enforcement agency having jurisdiction.
13    (e) Whenever a peace officer reasonably believes that a
14person under arrest for a violation of Section 11-501 of this
15Code or a similar provision of a local ordinance is likely,
16upon release, to commit a subsequent violation of Section
1711-501, or a similar provision of a local ordinance, the
18arresting officer shall have the vehicle which the person was
19operating at the time of the arrest impounded for a period of
20not more than 12 hours after the time of arrest. However, such
21vehicle may be released by the arresting law enforcement agency
22prior to the end of the impoundment period if:
23        (1) the vehicle was not owned by the person under
24    arrest, and the lawful owner requesting such release
25    possesses a valid operator's license, proof of ownership,
26    and would not, as determined by the arresting law

 

 

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1    enforcement agency, indicate a lack of ability to operate a
2    motor vehicle in a safe manner, or who would otherwise, by
3    operating such motor vehicle, be in violation of this Code;
4    or
5        (2) the vehicle is owned by the person under arrest,
6    and the person under arrest gives permission to another
7    person to operate such vehicle, provided however, that the
8    other person possesses a valid operator's license and would
9    not, as determined by the arresting law enforcement agency,
10    indicate a lack of ability to operate a motor vehicle in a
11    safe manner or who would otherwise, by operating such motor
12    vehicle, be in violation of this Code.
13    (e-5) Whenever a registered owner of a vehicle is taken
14into custody for operating the vehicle in violation of Section
1511-501 of this Code or a similar provision of a local ordinance
16or Section 6-303 of this Code, a law enforcement officer may
17have the vehicle immediately impounded for a period not less
18than:
19        (1) 24 hours for a second violation of Section 11-501
20    of this Code or a similar provision of a local ordinance or
21    Section 6-303 of this Code or a combination of these
22    offenses; or
23        (2) 48 hours for a third violation of Section 11-501 of
24    this Code or a similar provision of a local ordinance or
25    Section 6-303 of this Code or a combination of these
26    offenses.

 

 

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

 

 

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1        2. The towing service shall within 30 minutes of
2    completion of such towing or removal, notify the law
3    enforcement agency having jurisdiction of such towing or
4    removal, and the make, model, color and license plate
5    number of the vehicle, and shall obtain and record the name
6    of the person at the law enforcement agency to whom such
7    information was reported.
8        3. If the registered owner or legally authorized person
9    entitled to possession of the vehicle shall arrive at the
10    scene prior to actual removal or towing of the vehicle, the
11    vehicle shall be disconnected from the tow truck and that
12    person shall be allowed to remove the vehicle without
13    interference, upon the payment of a reasonable service fee
14    of not more than one half the posted rate of the towing
15    service as provided in paragraph 6 of this subsection, for
16    which a receipt shall be given.
17        4. The rebate or payment of money or any other valuable
18    consideration from the towing service or its owners,
19    managers or employees to the owners or operators of the
20    premises from which the vehicles are towed or removed, for
21    the privilege of removing or towing those vehicles, is
22    prohibited. Any individual who violates this paragraph
23    shall be guilty of a Class A misdemeanor.
24        5. Except for property appurtenant to and obviously a
25    part of a single family residence, and except for instances
26    where notice is personally given to the owner or other

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1$500.
2    (g)(1) When a vehicle is determined to be a hazardous
3dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
4Illinois Municipal Code or Section 5-12002.1 of the Counties
5Code, its removal and impoundment by a towing service may be
6authorized by a law enforcement agency with appropriate
7jurisdiction.
8    (2) When a vehicle removal from either public or private
9property is authorized by a law enforcement agency, the owner
10of the vehicle shall be responsible for all towing and storage
11charges.
12    (3) Vehicles removed from public or private property and
13stored by a commercial vehicle relocator or any other towing
14service authorized by a law enforcement agency in compliance
15with this Section and Sections 4-201 and 4-202 of this Code, or
16at the request of the vehicle owner or operator, shall be
17subject to a possessor lien for services pursuant to the Labor
18and Storage Lien (Small Amount) Act. The provisions of Section
191 of that Act relating to notice and implied consent shall be
20deemed satisfied by compliance with Section 18a-302 and
21subsection (6) of Section 18a-300. In no event shall such lien
22be greater than the rate or rates established in accordance
23with subsection (6) of Section 18a-200 of this Code. In no
24event shall such lien be increased or altered to reflect any
25charge for services or materials rendered in addition to those
26authorized by this Act. Every such lien shall be payable by use

 

 

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

 

 

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

 

 

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1shall release a motor vehicle impounded under this subsection
2(h) to the registered owner of the vehicle under any of the
3following circumstances:
4        (1) If the vehicle is a stolen vehicle; or
5        (2) If the person ticketed for a violation of
6    subsection (a) of Section 11-506 of this Code was not
7    authorized by the registered owner of the vehicle to
8    operate the vehicle at the time of the violation; or
9        (3) If the registered owner of the vehicle was neither
10    the driver nor a passenger in the vehicle at the time of
11    the violation or was unaware that the driver was using the
12    vehicle to engage in street racing; or
13        (4) If the legal owner or registered owner of the
14    vehicle is a rental car agency; or
15        (5) If, prior to the expiration of the impoundment
16    period specified above, the citation is dismissed or the
17    defendant is found not guilty of the offense.
18    (i) Except for vehicles exempted under subsection (b) of
19Section 7-601 of this Code, whenever a law enforcement officer
20issues a citation to a driver for a violation of Section 3-707
21of this Code, and the driver has a prior conviction for a
22violation of Section 3-707 of this Code in the past 12 months,
23the arresting officer shall authorize the removal and
24impoundment of the vehicle by a towing service.
25(Source: P.A. 96-1274, eff. 7-26-10; 96-1506, eff. 1-27-11;
2697-779, eff. 7-13-12.)
 

 

 

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1    (625 ILCS 5/4-203.5 new)
2    Sec. 4-203.5. Tow rotation list.
3    (a) Each law enforcement agency whose duties include the
4patrol of highways in this State shall maintain a tow rotation
5list which shall be used by law enforcement officers
6authorizing the tow of a vehicle within the jurisdiction of the
7law enforcement agency. To ensure adequate response time, a law
8enforcement agency may maintain multiple tow rotation lists,
9with each tow rotation list covering tows authorized in
10different geographic locations within the jurisdiction of the
11law enforcement agency. A towing service may be included on
12more than one tow rotation list.
13    (b) Any towing service operating within the jurisdiction of
14a law enforcement agency may submit an application in a form
15and manner prescribed by the law enforcement agency for
16inclusion on the law enforcement agency's tow rotation list.
17The towing service does not need to be located within the
18jurisdiction of the law enforcement agency. To be included on a
19tow rotation list the towing service must meet the following
20requirements:
21        (1) possess a license permitting the towing service to
22    operate in every unit of local government in the law
23    enforcement agency's jurisdiction that requires a license
24    for the operation of a towing service;
25        (2) if required by the law enforcement agency for

 

 

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1    inclusion on that law enforcement agency's tow rotation
2    list, each owner of the towing service and each person
3    operating a vehicle on behalf of the towing service shall
4    submit his or her fingerprints to the Department of State
5    Police in the form and manner prescribed by the Department
6    of State Police. These fingerprints should be transmitted
7    through a live scan fingerprint vendor licensed by the
8    Department of Financial and Professional Regulation. These
9    fingerprints shall be checked against the fingerprint
10    records now and hereafter filed in the Department of State
11    Police and Federal Bureau of Investigation criminal
12    history records databases. The Department of State Police
13    shall charge a fee for conducting the criminal history
14    record check, which shall be deposited in the State Police
15    Services Fund and shall not exceed the actual cost of the
16    State and national criminal history record check. The
17    Department of State Police shall furnish, pursuant to
18    positive identification, all Illinois conviction
19    information to the law enforcement agency maintaining the
20    tow rotation list and shall forward the national criminal
21    history record information to the law enforcement agency
22    maintaining the tow rotation list. A person may not own a
23    towing service or operate a vehicle on behalf of a towing
24    service included on a tow rotation list if that person has
25    been convicted during the 5 years preceding the application
26    of a criminal offense involving one or more of the

 

 

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1    following:
2            (A) bodily injury or attempt to inflict bodily
3        injury to another person;
4            (B) theft of property or attempted theft of
5        property; or
6            (C) sexual assault or attempted sexual assault of
7        any kind;
8        (3) each person operating a vehicle on behalf of the
9    towing service must be classified for the type of towing
10    operation he or she shall be performing and the vehicle he
11    or she shall be operating;
12        (4) possess and maintain the following insurance in
13    addition to any other insurance required by law:
14            (A) comprehensive automobile liability insurance
15        with a minimum combined single limit coverage of
16        $1,000,000;
17            (B) commercial general liability insurance with
18        limits of not less than $1,000,000 per occurrence,
19        $100,000 minimum garage keepers legal liability
20        insurance, and $100,000 minimum on-hook coverage or
21        cargo insurance; and
22            (C) a worker's compensation policy covering every
23        person operating a tow truck on behalf of the towing
24        service, if required under current law;
25        (5) possess a secure parking lot used for short-term
26    vehicle storage after a vehicle is towed that is open

 

 

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1    during business hours and is equipped with security
2    features as required by the law enforcement agency;
3        (6) utilize only vehicles that possess a valid vehicle
4    registration, display a valid Illinois license plate in
5    accordance with Section 5-202 of this Code, and comply with
6    the weight requirements of this Code;
7        (7) every person operating a towing or recovery vehicle
8    on behalf of the towing service must have completed a
9    Traffic Incident Management Training Program approved by
10    the Department of Transportation;
11        (8) hold a valid authority issued to it by the Illinois
12    Commerce Commission;
13        (9) comply with all other applicable federal, State,
14    and local laws; and
15        (10) comply with any additional requirements the
16    applicable law enforcement agency deems necessary.
17    The law enforcement agency may select which towing services
18meeting the requirements of this subsection (b) shall be
19included on a tow rotation list. The law enforcement agency may
20choose to have only one towing service on its tow rotation
21list. Complaints regarding the process for inclusion on a tow
22rotation list or the use of a tow rotation list may be referred
23in writing to the head of the law enforcement agency
24administering that tow rotation list. The head of the law
25enforcement agency shall make the final determination as to
26which qualified towing services shall be included on a tow

 

 

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1rotation list, and shall not be held liable for the exclusion
2of any towing service from a tow rotation list.
3    (c) Whenever a law enforcement officer initiates a tow of a
4vehicle, the officer shall contact his or her law enforcement
5agency and inform the agency that a tow has been authorized.
6The law enforcement agency shall then select a towing service
7from the law enforcement agency's tow rotation list
8corresponding to the geographical area where the tow was
9authorized, and shall contact that towing service directly by
10phone, computer, or similar means. Towing services shall be
11contacted in the order listed on the appropriate tow rotation
12list, at which point the towing service shall be placed at the
13end of that tow rotation list. In the event a listed towing
14service is not available, the next listed towing service on
15that tow rotation list shall be contacted.
16    (d) A law enforcement agency may deviate from the order
17listed on a tow rotation list if the towing service next on
18that tow rotation list is, in the judgment of the authorizing
19officer or the law enforcement agency making the selection,
20incapable of or not properly equipped for handling a specific
21task related to the tow that requires special skills or
22equipment. A deviation from the order listed on the tow
23rotation list for this reason shall not cause a loss of
24rotation turn by the towing service determined to be incapable
25or not properly equipped for handling the request.
26    (e) In the event of an emergency a law enforcement officer

 

 

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1or agency, taking into account the safety and location of the
2situation, may deviate from the order of the tow rotation list
3and obtain towing service from any source deemed appropriate.
4    (f) If the owner or operator of a disabled vehicle is
5present at the scene of the disabled vehicle, is not under
6arrest, and does not abandon his or her vehicle, and in the law
7enforcement officer's opinion the disabled vehicle is not
8impeding or obstructing traffic, illegally parked, or posing a
9security or safety risk, the law enforcement officer shall
10allow the owner of the vehicle to specify a towing service to
11relocate the disabled vehicle. If the owner chooses not to
12specify a towing service, the law enforcement agency shall
13select a towing service for the vehicle as provided in
14subsection (c) of this Section.
15    (g) If a tow operator is present or arrives where a tow is
16needed and it has not been requested by the law enforcement
17agency or the owner or operator, the law enforcement officer,
18unless acting under Section 11-1431 of this Code, shall advise
19the tow operator to leave the scene.
20    (h) Nothing contained in this Section shall apply to a law
21enforcement agency having jurisdiction solely over a
22municipality with a population over 1,000,000.
 
23    (625 ILCS 5/6-118)
24    (Text of Section before amendment by P.A. 98-176)
25    Sec. 6-118. Fees.

 

 

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1    (a) The fee for licenses and permits under this Article is
2as follows:
3    Original driver's license.............................$30
4    Original or renewal driver's license
5        issued to 18, 19 and 20 year olds.................. 5
6    All driver's licenses for persons
7        age 69 through age 80.............................. 5
8    All driver's licenses for persons
9        age 81 through age 86.............................. 2
10    All driver's licenses for persons
11        age 87 or older.....................................0
12    Renewal driver's license (except for
13        applicants ages 18, 19 and 20 or
14        age 69 and older)..................................30
15    Original instruction permit issued to
16        persons (except those age 69 and older)
17        who do not hold or have not previously
18        held an Illinois instruction permit or
19        driver's license.................................. 20
20    Instruction permit issued to any person
21        holding an Illinois driver's license
22        who wishes a change in classifications,
23        other than at the time of renewal.................. 5
24    Any instruction permit issued to a person
25        age 69 and older................................... 5
26    Instruction permit issued to any person,

 

 

09900SB1441sam001- 21 -LRB099 07079 RJF 34938 a

1        under age 69, not currently holding a
2        valid Illinois driver's license or
3        instruction permit but who has
4        previously been issued either document
5        in Illinois....................................... 10
6    Restricted driving permit.............................. 8
7    Monitoring device driving permit...................... 8
8    Duplicate or corrected driver's license
9        or permit.......................................... 5
10    Duplicate or corrected restricted
11        driving permit..................................... 5
12    Duplicate or corrected monitoring
13    device driving permit.................................. 5
14    Duplicate driver's license or permit issued to
15        an active-duty member of the
16        United States Armed Forces,
17        the member's spouse, or
18        the dependent children living
19        with the member................................... 0
20    Original or renewal M or L endorsement................. 5
21SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
22        The fees for commercial driver licenses and permits
23    under Article V shall be as follows:
24    Commercial driver's license:
25        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
26        (Commercial Driver's License Information

 

 

09900SB1441sam001- 22 -LRB099 07079 RJF 34938 a

1        System/American Association of Motor Vehicle
2        Administrators network/National Motor Vehicle
3        Title Information Service Trust Fund);
4        $20 for the Motor Carrier Safety Inspection Fund;
5        $10 for the driver's license;
6        and $24 for the CDL:............................. $60
7    Renewal commercial driver's license:
8        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
9        $20 for the Motor Carrier Safety Inspection Fund;
10        $10 for the driver's license; and
11        $24 for the CDL:................................. $60
12    Commercial driver instruction permit
13        issued to any person holding a valid
14        Illinois driver's license for the
15        purpose of changing to a
16        CDL classification: $6 for the
17        CDLIS/AAMVAnet/NMVTIS Trust Fund;
18        $20 for the Motor Carrier
19        Safety Inspection Fund; and
20        $24 for the CDL classification................... $50
21    Commercial driver instruction permit
22        issued to any person holding a valid
23        Illinois CDL for the purpose of
24        making a change in a classification,
25        endorsement or restriction........................ $5
26    CDL duplicate or corrected license.................... $5

 

 

09900SB1441sam001- 23 -LRB099 07079 RJF 34938 a

1    In order to ensure the proper implementation of the Uniform
2Commercial Driver License Act, Article V of this Chapter, the
3Secretary of State is empowered to pro-rate the $24 fee for the
4commercial driver's license proportionate to the expiration
5date of the applicant's Illinois driver's license.
6    The fee for any duplicate license or permit shall be waived
7for any person who presents the Secretary of State's office
8with a police report showing that his license or permit was
9stolen.
10    The fee for any duplicate license or permit shall be waived
11for any person age 60 or older whose driver's license or permit
12has been lost or stolen.
13    No additional fee shall be charged for a driver's license,
14or for a commercial driver's license, when issued to the holder
15of an instruction permit for the same classification or type of
16license who becomes eligible for such license.
17    (b) Any person whose license or privilege to operate a
18motor vehicle in this State has been suspended or revoked under
19Section 3-707, any provision of Chapter 6, Chapter 11, or
20Section 7-205, 7-303, or 7-702 of the Family Financial
21Responsibility Law of this Code, shall in addition to any other
22fees required by this Code, pay a reinstatement fee as follows:
23    Suspension under Section 3-707..................... $100
24    Summary suspension under Section 11-501.1...........$250
25    Suspension under Section 11-501.9...................$250
26    Summary revocation under Section 11-501.1............$500

 

 

09900SB1441sam001- 24 -LRB099 07079 RJF 34938 a

1    Other suspension......................................$70
2    Revocation...........................................$500
3    However, any person whose license or privilege to operate a
4motor vehicle in this State has been suspended or revoked for a
5second or subsequent time for a violation of Section 11-501,
611-501.1, or 11-501.9 of this Code or a similar provision of a
7local ordinance or a similar out-of-state offense or Section
89-3 of the Criminal Code of 1961 or the Criminal Code of 2012
9and each suspension or revocation was for a violation of
10Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar
11provision of a local ordinance or a similar out-of-state
12offense or Section 9-3 of the Criminal Code of 1961 or the
13Criminal Code of 2012 shall pay, in addition to any other fees
14required by this Code, a reinstatement fee as follows:
15    Summary suspension under Section 11-501.1............$500
16    Suspension under Section 11-501.9...................$500
17    Summary revocation under Section 11-501.1............$500
18    Revocation...........................................$500
19    (c) All fees collected under the provisions of this Chapter
206 shall be paid into the Road Fund in the State Treasury except
21as follows:
22        1. The following amounts shall be paid into the Driver
23    Education Fund:
24            (A) $16 of the $20 fee for an original driver's
25        instruction permit;
26            (B) $5 of the $30 fee for an original driver's

 

 

09900SB1441sam001- 25 -LRB099 07079 RJF 34938 a

1        license;
2            (C) $5 of the $30 fee for a 4 year renewal driver's
3        license;
4            (D) $4 of the $8 fee for a restricted driving
5        permit; and
6            (E) $4 of the $8 fee for a monitoring device
7        driving permit.
8        2. $30 of the $250 fee for reinstatement of a license
9    summarily suspended under Section 11-501.1 or suspended
10    under Section 11-501.9 shall be deposited into the Drunk
11    and Drugged Driving Prevention Fund. However, for a person
12    whose license or privilege to operate a motor vehicle in
13    this State has been suspended or revoked for a second or
14    subsequent time for a violation of Section 11-501,
15    11-501.1, or 11-501.9 of this Code or Section 9-3 of the
16    Criminal Code of 1961 or the Criminal Code of 2012, $190 of
17    the $500 fee for reinstatement of a license summarily
18    suspended under Section 11-501.1 or suspended under
19    Section 11-501.9, and $190 of the $500 fee for
20    reinstatement of a revoked license shall be deposited into
21    the Drunk and Drugged Driving Prevention Fund. $190 of the
22    $500 fee for reinstatement of a license summarily revoked
23    pursuant to Section 11-501.1 shall be deposited into the
24    Drunk and Drugged Driving Prevention Fund.
25        3. $6 of such original or renewal fee for a commercial
26    driver's license and $6 of the commercial driver

 

 

09900SB1441sam001- 26 -LRB099 07079 RJF 34938 a

1    instruction permit fee when such permit is issued to any
2    person holding a valid Illinois driver's license, shall be
3    paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund.
4        4. $30 of the $70 fee for reinstatement of a license
5    suspended under the Family Financial Responsibility Law
6    shall be paid into the Family Responsibility Fund.
7        5. The $5 fee for each original or renewal M or L
8    endorsement shall be deposited into the Cycle Rider Safety
9    Training Fund.
10        6. $20 of any original or renewal fee for a commercial
11    driver's license or commercial driver instruction permit
12    shall be paid into the Motor Carrier Safety Inspection
13    Fund.
14        7. The following amounts shall be paid into the General
15    Revenue Fund:
16            (A) $190 of the $250 reinstatement fee for a
17        summary suspension under Section 11-501.1 or a
18        suspension under Section 11-501.9;
19            (B) $40 of the $70 reinstatement fee for any other
20        suspension provided in subsection (b) of this Section;
21        and
22            (C) $440 of the $500 reinstatement fee for a first
23        offense revocation and $310 of the $500 reinstatement
24        fee for a second or subsequent revocation.
25    (d) All of the proceeds of the additional fees imposed by
26this amendatory Act of the 96th General Assembly shall be

 

 

09900SB1441sam001- 27 -LRB099 07079 RJF 34938 a

1deposited into the Capital Projects Fund.
2    (e) The additional fees imposed by this amendatory Act of
3the 96th General Assembly shall become effective 90 days after
4becoming law.
5    (f) As used in this Section, "active-duty member of the
6United States Armed Forces" means a member of the Armed
7Services or Reserve Forces of the United States or a member of
8the Illinois National Guard who is called to active duty
9pursuant to an executive order of the President of the United
10States, an act of the Congress of the United States, or an
11order of the Governor.
12(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
1398-177, eff. 1-1-14; 98-756, eff. 7-16-14.)
 
14    (Text of Section after amendment by P.A. 98-176)
15    Sec. 6-118. Fees.
16    (a) The fee for licenses and permits under this Article is
17as follows:
18    Original driver's license.............................$30
19    Original or renewal driver's license
20        issued to 18, 19 and 20 year olds.................. 5
21    All driver's licenses for persons
22        age 69 through age 80.............................. 5
23    All driver's licenses for persons
24        age 81 through age 86.............................. 2
25    All driver's licenses for persons

 

 

09900SB1441sam001- 28 -LRB099 07079 RJF 34938 a

1        age 87 or older.....................................0
2    Renewal driver's license (except for
3        applicants ages 18, 19 and 20 or
4        age 69 and older)..................................30
5    Original instruction permit issued to
6        persons (except those age 69 and older)
7        who do not hold or have not previously
8        held an Illinois instruction permit or
9        driver's license.................................. 20
10    Instruction permit issued to any person
11        holding an Illinois driver's license
12        who wishes a change in classifications,
13        other than at the time of renewal.................. 5
14    Any instruction permit issued to a person
15        age 69 and older................................... 5
16    Instruction permit issued to any person,
17        under age 69, not currently holding a
18        valid Illinois driver's license or
19        instruction permit but who has
20        previously been issued either document
21        in Illinois....................................... 10
22    Restricted driving permit.............................. 8
23    Monitoring device driving permit...................... 8
24    Duplicate or corrected driver's license
25        or permit.......................................... 5
26    Duplicate or corrected restricted

 

 

09900SB1441sam001- 29 -LRB099 07079 RJF 34938 a

1        driving permit..................................... 5
2    Duplicate or corrected monitoring
3    device driving permit.................................. 5
4    Duplicate driver's license or permit issued to
5        an active-duty member of the
6        United States Armed Forces,
7        the member's spouse, or
8        the dependent children living
9        with the member................................... 0
10    Original or renewal M or L endorsement................. 5
11SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
12        The fees for commercial driver licenses and permits
13    under Article V shall be as follows:
14    Commercial driver's license:
15        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
16        (Commercial Driver's License Information
17        System/American Association of Motor Vehicle
18        Administrators network/National Motor Vehicle
19        Title Information Service Trust Fund);
20        $20 for the Motor Carrier Safety Inspection Fund;
21        $10 for the driver's license;
22        and $24 for the CDL:............................. $60
23    Renewal commercial driver's license:
24        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
25        $20 for the Motor Carrier Safety Inspection Fund;
26        $10 for the driver's license; and

 

 

09900SB1441sam001- 30 -LRB099 07079 RJF 34938 a

1        $24 for the CDL:................................. $60
2    Commercial learner's permit
3        issued to any person holding a valid
4        Illinois driver's license for the
5        purpose of changing to a
6        CDL classification: $6 for the
7        CDLIS/AAMVAnet/NMVTIS Trust Fund;
8        $20 for the Motor Carrier
9        Safety Inspection Fund; and
10        $24 for the CDL classification................... $50
11    Commercial learner's permit
12        issued to any person holding a valid
13        Illinois CDL for the purpose of
14        making a change in a classification,
15        endorsement or restriction........................ $5
16    CDL duplicate or corrected license.................... $5
17    In order to ensure the proper implementation of the Uniform
18Commercial Driver License Act, Article V of this Chapter, the
19Secretary of State is empowered to pro-rate the $24 fee for the
20commercial driver's license proportionate to the expiration
21date of the applicant's Illinois driver's license.
22    The fee for any duplicate license or permit shall be waived
23for any person who presents the Secretary of State's office
24with a police report showing that his license or permit was
25stolen.
26    The fee for any duplicate license or permit shall be waived

 

 

09900SB1441sam001- 31 -LRB099 07079 RJF 34938 a

1for any person age 60 or older whose driver's license or permit
2has been lost or stolen.
3    No additional fee shall be charged for a driver's license,
4or for a commercial driver's license, when issued to the holder
5of an instruction permit for the same classification or type of
6license who becomes eligible for such license.
7    (b) Any person whose license or privilege to operate a
8motor vehicle in this State has been suspended or revoked under
9Section 3-707, any provision of Chapter 6, Chapter 11, or
10Section 7-205, 7-303, or 7-702 of the Family Financial
11Responsibility Law of this Code, shall in addition to any other
12fees required by this Code, pay a reinstatement fee as follows:
13    Suspension under Section 3-707..................... $100
14    Suspension under Section 11-1431.....................$100
15    Summary suspension under Section 11-501.1...........$250
16    Suspension under Section 11-501.9...................$250
17    Summary revocation under Section 11-501.1............$500
18    Other suspension......................................$70
19    Revocation...........................................$500
20    However, any person whose license or privilege to operate a
21motor vehicle in this State has been suspended or revoked for a
22second or subsequent time for a violation of Section 11-501,
2311-501.1, or 11-501.9 of this Code or a similar provision of a
24local ordinance or a similar out-of-state offense or Section
259-3 of the Criminal Code of 1961 or the Criminal Code of 2012
26and each suspension or revocation was for a violation of

 

 

09900SB1441sam001- 32 -LRB099 07079 RJF 34938 a

1Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar
2provision of a local ordinance or a similar out-of-state
3offense or Section 9-3 of the Criminal Code of 1961 or the
4Criminal Code of 2012 shall pay, in addition to any other fees
5required by this Code, a reinstatement fee as follows:
6    Summary suspension under Section 11-501.1............$500
7    Suspension under Section 11-501.9...................$500
8    Summary revocation under Section 11-501.1............$500
9    Revocation...........................................$500
10    (c) All fees collected under the provisions of this Chapter
116 shall be paid into the Road Fund in the State Treasury except
12as follows:
13        1. The following amounts shall be paid into the Driver
14    Education Fund:
15            (A) $16 of the $20 fee for an original driver's
16        instruction permit;
17            (B) $5 of the $30 fee for an original driver's
18        license;
19            (C) $5 of the $30 fee for a 4 year renewal driver's
20        license;
21            (D) $4 of the $8 fee for a restricted driving
22        permit; and
23            (E) $4 of the $8 fee for a monitoring device
24        driving permit.
25        2. $30 of the $250 fee for reinstatement of a license
26    summarily suspended under Section 11-501.1 or suspended

 

 

09900SB1441sam001- 33 -LRB099 07079 RJF 34938 a

1    under Section 11-501.9 shall be deposited into the Drunk
2    and Drugged Driving Prevention Fund. However, for a person
3    whose license or privilege to operate a motor vehicle in
4    this State has been suspended or revoked for a second or
5    subsequent time for a violation of Section 11-501,
6    11-501.1, or 11-501.9 of this Code or Section 9-3 of the
7    Criminal Code of 1961 or the Criminal Code of 2012, $190 of
8    the $500 fee for reinstatement of a license summarily
9    suspended under Section 11-501.1 or suspended under
10    Section 11-501.9, and $190 of the $500 fee for
11    reinstatement of a revoked license shall be deposited into
12    the Drunk and Drugged Driving Prevention Fund. $190 of the
13    $500 fee for reinstatement of a license summarily revoked
14    pursuant to Section 11-501.1 shall be deposited into the
15    Drunk and Drugged Driving Prevention Fund.
16        3. $6 of the original or renewal fee for a commercial
17    driver's license and $6 of the commercial learner's permit
18    fee when the permit is issued to any person holding a valid
19    Illinois driver's license, shall be paid into the
20    CDLIS/AAMVAnet/NMVTIS Trust Fund.
21        4. $30 of the $70 fee for reinstatement of a license
22    suspended under the Family Financial Responsibility Law
23    shall be paid into the Family Responsibility Fund.
24        5. The $5 fee for each original or renewal M or L
25    endorsement shall be deposited into the Cycle Rider Safety
26    Training Fund.

 

 

09900SB1441sam001- 34 -LRB099 07079 RJF 34938 a

1        6. $20 of any original or renewal fee for a commercial
2    driver's license or commercial learner's permit shall be
3    paid into the Motor Carrier Safety Inspection Fund.
4        7. The following amounts shall be paid into the General
5    Revenue Fund:
6            (A) $190 of the $250 reinstatement fee for a
7        summary suspension under Section 11-501.1 or a
8        suspension under Section 11-501.9;
9            (B) $40 of the $70 reinstatement fee for any other
10        suspension provided in subsection (b) of this Section;
11        and
12            (C) $440 of the $500 reinstatement fee for a first
13        offense revocation and $310 of the $500 reinstatement
14        fee for a second or subsequent revocation.
15    (d) All of the proceeds of the additional fees imposed by
16this amendatory Act of the 96th General Assembly shall be
17deposited into the Capital Projects Fund.
18    (e) The additional fees imposed by this amendatory Act of
19the 96th General Assembly shall become effective 90 days after
20becoming law.
21    (f) As used in this Section, "active-duty member of the
22United States Armed Forces" means a member of the Armed
23Services or Reserve Forces of the United States or a member of
24the Illinois National Guard who is called to active duty
25pursuant to an executive order of the President of the United
26States, an act of the Congress of the United States, or an

 

 

09900SB1441sam001- 35 -LRB099 07079 RJF 34938 a

1order of the Governor.
2(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
398-176, eff. 7-8-15 (see Section 10 of P.A. 98-722 for the
4effective date of changes made by P.A. 98-176); 98-177, eff.
51-1-14; 98-756, eff. 7-16-14; 98-1172, eff. 1-12-15.)
 
6    (625 ILCS 5/11-1431)
7    Sec. 11-1431. Solicitations at accident or disablement
8scene prohibited.
9    (a) A tower, as defined by Section 1-205.2 of this Code, or
10an employee or agent of a tower may not: (i) stop at the scene
11of a motor vehicle accident or at or near a damaged or disabled
12vehicle for the purpose of soliciting the owner or operator of
13the damaged or disabled vehicle to enter into a towing service
14transaction; or (ii) stop at the scene of an accident or at or
15near a damaged or disabled vehicle unless called to the
16location by a law enforcement officer, the Illinois Department
17of Transportation, the Illinois State Toll Highway Authority, a
18local agency having jurisdiction over the highway, or the owner
19or operator of the damaged or disabled vehicle. This Section
20shall not apply to employees of the Department, the Illinois
21State Toll Highway Authority, or local agencies when engaged in
22their official duties. Nothing in this Section shall prevent a
23tower from stopping at the scene of a motor vehicle accident or
24at or near a damaged or disabled vehicle if the owner or
25operator signals the tower for assistance from the location of

 

 

09900SB1441sam001- 36 -LRB099 07079 RJF 34938 a

1the motor vehicle accident or damaged or disabled vehicle.
2    (b) A person who violates this Section is guilty of a
3business offense and shall be required to pay a fine of more
4than $500, but not more than $1,000. A person convicted of
5violating this Section shall also have his or her driver's
6license, permit, or privileges suspended for 3 months. After
7the expiration of the 3 month suspension, the person's driver's
8license, permit, or privileges shall not be reinstated until he
9or she has paid a reinstatement fee of $100. If a person
10violates this Section while his or her driver's license,
11permit, or privileges are suspended under this subsection (b),
12his or her driver's license, permit, or privileges shall be
13suspended for an additional 6 months, and shall not be
14reinstated after the expiration of the 6 month suspension until
15he or she pays a reinstatement fee of $100.
16(Source: P.A. 96-1376, eff. 7-29-10.)
 
17    (625 ILCS 5/18a-300)  (from Ch. 95 1/2, par. 18a-300)
18    Sec. 18a-300. Commercial vehicle relocators - Unlawful
19practices. It shall be unlawful for any commercial vehicle
20relocator:
21        (1) To operate in any county in which this Chapter is
22    applicable without a valid, current relocator's license as
23    provided in Article IV of this Chapter;
24        (2) To employ as an operator, or otherwise so use the
25    services of, any person who does not have at the

 

 

09900SB1441sam001- 37 -LRB099 07079 RJF 34938 a

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

 

 

09900SB1441sam001- 38 -LRB099 07079 RJF 34938 a

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

 

 

09900SB1441sam001- 39 -LRB099 07079 RJF 34938 a

1    classified directory or other publication unless there is
2    contained in the advertisement the license number of the
3    relocator;
4        (7) To remove any vehicle from private property without
5    having first obtained the written authorization of the
6    property owner or other person in lawful possession or
7    control of the property, his authorized agent, or an
8    authorized law enforcement officer. The authorization may
9    be on a contractual basis covering a period of time or
10    limited to a specific removal;
11        (8) To charge the private property owner, who requested
12    that an unauthorized vehicle be removed from his property,
13    with the costs of removing the vehicle contrary to any
14    terms that may be a part of the contract between the
15    property owner and the commercial relocator. Nothing in
16    this paragraph shall prevent a relocator from assessing,
17    collecting, or receiving from the property owner, lessee,
18    or their agents any fee prescribed by the Commission;
19        (9) To remove a vehicle when the owner or operator of
20    the vehicle is present or arrives at the vehicle location
21    at any time prior to the completion of removal, and is
22    willing and able to remove the vehicle immediately, except
23    for vehicles that require a commercial driver's license to
24    operate. Vehicles that require a commercial driver's
25    license to operate shall be disconnected from the tow truck
26    and the owner or operator shall be allowed to remove the

 

 

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1    vehicle without interference upon the payment of a
2    reasonable service fee of not more than one-half of the
3    posted rate of the towing service as provided in paragraph
4    6 of subsection (f) of Section 4-203 of this Code, for
5    which a receipt shall be given. For purposes of this
6    paragraph, a tractor and trailer together shall be
7    considered 2 separate vehicles;
8        (10) To remove any vehicle from property on which signs
9    are required and on which there are not posted appropriate
10    signs under Section 18a-302;
11        (11) To fail to notify law enforcement authorities in
12    the jurisdiction in which the trespassing vehicle was
13    removed within one hour of the removal. Notification shall
14    include a complete description of the vehicle,
15    registration numbers if possible, the locations from which
16    and to which the vehicle was removed, the time of removal,
17    and any other information required by regulation, statute
18    or ordinance;
19        (12) To impose any charge other than in accordance with
20    the rates set by the Commission as provided in paragraph
21    (6) of Section 18a-200 of this Chapter;
22        (13) To fail, in the office or location at which
23    relocated vehicles are routinely returned to their owners,
24    to prominently post the name, address and telephone number
25    of the nearest office of the Commission to which inquiries
26    or complaints may be sent;

 

 

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1        (13.1) To fail to distribute to each owner or operator
2    of a relocated vehicle, in written form as prescribed by
3    Commission rule or regulation, the relevant statutes,
4    regulations and ordinances governing commercial vehicle
5    relocators, including, in at least 12 point boldface type,
6    the name, address and telephone number of the nearest
7    office of the Commission to which inquiries or complaints
8    may be sent;
9        (13.2) To fail, in the office or location at which
10    relocated vehicles are routinely returned to their owners,
11    to ensure that the relocator's representative provides
12    suitable evidence of his or her identity to the owners of
13    relocated vehicles upon request;
14        (14) To remove any vehicle, otherwise in accordance
15    with this Chapter, more than 15 air miles from its location
16    when towed from a location in an unincorporated area of a
17    county or more than 10 air miles from its location when
18    towed from any other location;
19        (15) To fail to make a telephone number available to
20    the police department of any municipality in which a
21    relocator operates at which the relocator or an employee of
22    the relocator may be contacted at any time during the hours
23    in which the relocator is engaged in the towing of
24    vehicles, or advertised as engaged in the towing of
25    vehicles, for the purpose of effectuating the release of a
26    towed vehicle; or to fail to include the telephone number

 

 

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1    in any advertisement of the relocator's services published
2    or otherwise appearing on or after the effective date of
3    this amendatory Act; or to fail to have an employee
4    available at any time on the premises owned or controlled
5    by the relocator for the purposes of arranging for the
6    immediate release of the vehicle.
7        Apart from any other penalty or liability authorized
8    under this Act, if after a reasonable effort, the owner of
9    the vehicle is unable to make telephone contact with the
10    relocator for a period of one hour from his initial attempt
11    during any time period in which the relocator is required
12    to respond at the number, all fees for towing, storage, or
13    otherwise are to be waived. Proof of 3 attempted phone
14    calls to the number provided to the police department by an
15    officer or employee of the department on behalf of the
16    vehicle owner within the space of one hour, at least 2 of
17    which are separated by 45 minutes, shall be deemed
18    sufficient proof of the owner's reasonable effort to make
19    contact with the vehicle relocator. Failure of the
20    relocator to respond to the phone calls is not a criminal
21    violation of this Chapter;
22        (16) To use equipment which the relocator does not own,
23    except in compliance with Section 18a-306 of this Chapter
24    and Commission regulations. No equipment can be leased to
25    more than one relocator at any time. Equipment leases shall
26    be filed with the Commission. If equipment is leased to one

 

 

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1    relocator, it cannot thereafter be leased to another
2    relocator until a written cancellation of lease is properly
3    filed with the Commission;
4        (17) To use drivers or other personnel who are not
5    employees or contractors of the relocator;
6        (18) To fail to refund any amount charged in excess of
7    the reasonable rate established by the Commission;
8        (19) To violate any other provision of this Chapter, or
9    of Commission regulations or orders adopted under this
10    Chapter; .
11        (20) To engage in the removal of a commercial motor
12    vehicle that requires a commercial driver's license to
13    operate by operating the vehicle under its own power on a
14    highway without authorization by a law enforcement
15    officer.
16(Source: P.A. 94-650, eff. 1-1-06.)
 
17    (625 ILCS 5/18d-153)
18    Sec. 18d-153. Misrepresentation of affiliation. It shall
19be unlawful for any tower to misrepresent an affiliation with
20the State, a unit of local government, an insurance company, a
21private club, or any other entity, or falsely claim to be
22included on a law enforcement agency's tow rotation list
23maintained under Section 4-203.5 of this Code, for the purpose
24of securing a business transaction with a vehicle owner or
25operator.

 

 

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1(Source: P.A. 96-1369, eff. 1-1-11.)
 
2    Section 95. No acceleration or delay. Where this Act makes
3changes in a statute that is represented in this Act by text
4that is not yet or no longer in effect (for example, a Section
5represented by multiple versions), the use of that text does
6not accelerate or delay the taking effect of (i) the changes
7made by this Act or (ii) provisions derived from any other
8Public Act.".