Full Text of SB0501 94th General Assembly
SB0501 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0501
Introduced 2/16/2005, by Sen. Rickey R. Hendon SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/4-208 |
from Ch. 95 1/2, par. 4-208 |
625 ILCS 5/18a-300 |
from Ch. 95 1/2, par. 18a-300 |
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Amends the Illinois Vehicle Code. Provides that, in a city having a population of more than 500,000, whenever an abandoned, lost, stolen, or unclaimed vehicle, or a vehicle determined to be a hazardous dilapidated motor vehicle, remains unclaimed by the registered owner, lienholder, or other legally entitled person for a period of 30 (rather than 15) days after the legally required notice has been given, and if during that 30 days the possessor of the vehicle has twice more sent the required notice to the registered owner, lienholder, or other legally entitled person, the possessor of the vehicle shall dispose of the vehicle to a licensed automotive parts recycler, rebuilder, or scrap processor. Provides that the registered owner, lienholder, or other legally entitled person shall receive any proceeds from the disposition of the vehicle, less reasonable storage charges and administrative fees. Provides that it is an unlawful practice for a commercial vehicle relocator to fail, in the office or location at which relocated vehicles are routinely returned to their owners: (1) to place the relocator's representative in a position where the representative is not fully visible, above his or her shoulders, to the owners of relocated vehicles; (2) to ensure that the relocator's representative provides suitable evidence of his or her identity to owners of relocated vehicles upon request; or (3) to make a supervisor available to the owners of relocated vehicles upon request.
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A BILL FOR
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SB0501 |
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LRB094 03626 DRH 33631 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 4-208 and 18a-300 as follows:
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| (625 ILCS 5/4-208) (from Ch. 95 1/2, par. 4-208)
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| Sec. 4-208. Disposal of unclaimed vehicles.
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| (a) In cities having a
population of more than 500,000, | 9 |
| whenever an abandoned, lost, stolen or
unclaimed vehicle, or | 10 |
| vehicle determined to be a hazardous dilapidated
motor vehicle | 11 |
| pursuant to Section 11-40-3.1 of the Illinois Municipal Code,
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| remains unclaimed by the registered owner, lienholder or other | 13 |
| legally
entitled person for a period of 30
15 days after notice | 14 |
| has been given under
Sections 4-205 and 4-206 of this Code, if | 15 |
| during that 30 days the possessor of the vehicle has twice more | 16 |
| sent the required notice to the registered owner, lienholder, | 17 |
| or other legally entitled person, the vehicle shall be | 18 |
| disposed,
pursuant to the provisions of the "Municipal | 19 |
| purchasing act for cities of
500,000 or more population", to a | 20 |
| person licensed as an automotive parts
recycler, rebuilder or | 21 |
| scrap processor under Chapter 5 of this Code. The registered | 22 |
| owner, lienholder, or other legally entitled person is entitled | 23 |
| to any proceeds from the disposition of the vehicle, less any | 24 |
| reasonable storage charges and administrative fees.
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| (b) Except as provided in Section 4-208 for cities with | 26 |
| more than
500,000 inhabitants, when an abandoned, lost, stolen | 27 |
| or unclaimed
vehicle 7 years of age or newer remains unclaimed | 28 |
| by the registered
owner, lienholder or other legally entitled | 29 |
| persons for a
period of 30 days after notice has been given as | 30 |
| provided in Sections 4-205
and 4-206 of this Code, the law | 31 |
| enforcement agency or towing service having
possession of the | 32 |
| vehicle shall cause it to be sold at public auction to a
person |
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| licensed as an automotive parts recycler, rebuilder or scrap
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| processor under Chapter 5 of this Code or the towing operator | 3 |
| which towed
the vehicle. Notice of the time and place of the
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| sale shall be posted in a conspicuous place for at least 10 | 5 |
| days prior to
the sale on the premises where the vehicle has | 6 |
| been impounded. At least 10
days prior to the sale, the law | 7 |
| enforcement agency where the vehicle is
impounded, or the | 8 |
| towing service where the vehicle is impounded, shall
cause a | 9 |
| notice of the time and place of the sale to be sent by | 10 |
| certified
mail to the registered owner, lienholder, or other | 11 |
| legally entitled persons. Notice as provided in Sections 4-205 | 12 |
| and 4-206 of this Code and as
provided in this subsection (b) | 13 |
| shall state the time and place of
sale and shall
contain a | 14 |
| complete description
of the vehicle to be sold and what steps | 15 |
| must be taken by any legally
entitled person to reclaim the | 16 |
| vehicle.
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| (c) If an abandoned, lost, stolen, or unclaimed vehicle | 18 |
| displays dealer
plates, notice under this Section and Section | 19 |
| 4-209 of this Code shall be sent
to both the dealer and the | 20 |
| registered owner, lienholder, or other legally
entitled | 21 |
| persons.
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| (d) In those instances where the certified notification | 23 |
| specified in
Sections 4-205 and 4-206 of this Code has been | 24 |
| returned by the postal
authorities to the law enforcement | 25 |
| agency or towing service, the sending of a second
certified | 26 |
| notice will not be required.
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| (Source: P.A. 89-433, eff. 12-15-95; 90-330, eff. 8-8-97.)
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| (625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
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| Sec. 18a-300. Commercial vehicle relocators - Unlawful | 30 |
| practices. It
shall be unlawful for any commercial vehicle | 31 |
| relocator:
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| (1) To operate in any county in which this Chapter is | 33 |
| applicable
without a valid, current relocator's license as | 34 |
| provided in Article IV
of this Chapter;
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| (2) To employ as an operator, or otherwise so use the |
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| services of,
any person who does not have at the commencement | 2 |
| of employment or
service, or at any time during the course of | 3 |
| employment or service, a
valid, current operator's employment | 4 |
| permit, or temporary operator's
employment permit issued in | 5 |
| accordance with Sections 18a-403 or 18a-405
of this Chapter; or | 6 |
| to fail to notify the Commission, in writing, of any
known | 7 |
| criminal conviction of any employee occurring at any time | 8 |
| before
or during the course of employment or service;
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| (3) To employ as a dispatcher, or otherwise so use the | 10 |
| services of, any
person who does not have at the commencement | 11 |
| of employment or service, or
at any time during the course of | 12 |
| employment or service, a valid, current
dispatcher's or | 13 |
| operator's employment permit or temporary dispatcher's or
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| operator's employment permit issued in accordance with | 15 |
| Sections 18a-403 or
18a-407 of this Chapter; or to fail to | 16 |
| notify the Commission, in writing,
of any known criminal | 17 |
| conviction of any employee occurring at any time
before or | 18 |
| during the course of employment or service;
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| (4) To operate upon the highways of this State any vehicle | 20 |
| used in
connection with any commercial vehicle relocation | 21 |
| service unless:
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| (A) There is painted or firmly affixed to the vehicle | 23 |
| on both sides of the
vehicle in a color or colors vividly | 24 |
| contrasting to the color of the vehicle
the name, address | 25 |
| and telephone number of the relocator.
The Commission shall | 26 |
| prescribe reasonable rules and regulations
pertaining to | 27 |
| insignia to be painted or firmly affixed to vehicles and
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| shall waive the requirements of the address on any vehicle | 29 |
| in cases
where the operator of a vehicle has painted or | 30 |
| otherwise firmly affixed
to the vehicle a seal or trade | 31 |
| mark that clearly identifies the
operator of the vehicle; | 32 |
| and
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| (B) There is carried in the power unit of the vehicle a | 34 |
| certified
copy of the currently effective relocator's | 35 |
| license and operator's
employment permit. Copies may be | 36 |
| photographed, photocopied, or reproduced
or printed by any |
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| other legible and durable process. Any person guilty of
not | 2 |
| causing to be displayed a copy of his relocator's license | 3 |
| and
operator's employment permit may in any hearing | 4 |
| concerning the violation
be excused from the payment of the | 5 |
| penalty hereinafter provided upon a
showing that the | 6 |
| license was issued by the Commission, but was
subsequently | 7 |
| lost or destroyed;
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| (5) To operate upon the highways of this State any vehicle | 9 |
| used in
connection with any commercial vehicle relocation | 10 |
| service that bears the
name or address and telephone number of | 11 |
| any person or entity other than
the relocator by which it is | 12 |
| owned or to which it is leased;
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| (6) To advertise in any newspaper, book, list, classified | 14 |
| directory
or other publication unless there is contained in the | 15 |
| advertisement the
license number of the relocator;
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| (7) To remove any vehicle from private property without | 17 |
| having first
obtained the written authorization of the property | 18 |
| owner or other person
in lawful possession or control of the | 19 |
| property, his authorized agent,
or an authorized law | 20 |
| enforcement officer. The authorization may be on
a contractual | 21 |
| basis covering a period of time or limited to a specific
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| removal;
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| (8) To charge the private property owner, who requested | 24 |
| that an
unauthorized vehicle be removed from his property, with | 25 |
| the costs of
removing the vehicle contrary to any terms that | 26 |
| may be a part of the
contract between the property owner and | 27 |
| the commercial relocator.
Nothing in this paragraph shall | 28 |
| prevent a relocator from assessing,
collecting, or receiving | 29 |
| from the property owner, lessee, or their agents
any fee | 30 |
| prescribed by the Commission;
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| (9) To remove a vehicle when the owner or operator of the | 32 |
| vehicle
is present or arrives at the vehicle location at any | 33 |
| time prior to the
completion of removal, and is willing and | 34 |
| able to remove the vehicle
immediately;
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| (10) To remove any vehicle from property on which signs are | 36 |
| required
and on which there are not posted appropriate signs |
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| under Section
18a-302;
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| (11) To fail to notify law enforcement authorities in the
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| jurisdiction in which the trespassing vehicle was removed | 4 |
| within one
hour of the removal. Notification shall include a | 5 |
| complete description
of the vehicle, registration numbers if | 6 |
| possible, the locations from
which and to which the vehicle was | 7 |
| removed, the time of removal, and any
other information | 8 |
| required by regulation, statute or ordinance;
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| (12) To impose any charge other than in accordance with the | 10 |
| rates set by the
Commission as provided in paragraph (6) of | 11 |
| Section 18a-200 of this Chapter;
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| (13) To fail, in the office or location at which relocated | 13 |
| vehicles
are routinely returned to their owners, to prominently | 14 |
| post the name,
address and telephone number of the nearest | 15 |
| office of the Commission to
which inquiries or complaints may | 16 |
| be sent;
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| (13.1) To fail to distribute to each owner or operator of a | 18 |
| relocated
vehicle, in written form as prescribed by Commission | 19 |
| rule or regulation, the
relevant statutes, regulations and | 20 |
| ordinances governing commercial vehicle
relocators, including, | 21 |
| in at least 12 point boldface type, the name, address
and | 22 |
| telephone number of the nearest office of the Commission to | 23 |
| which inquiries
or complaints may be sent;
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| (13.2) To fail, in the office or location at which | 25 |
| relocated vehicles
are routinely returned to their owners, to | 26 |
| place the relocator's representative in a position where that | 27 |
| representative is not fully visible, above his or her | 28 |
| shoulders, to the owners of relocated vehicles;
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| (13.3) To fail, in the office or location at which | 30 |
| relocated vehicles
are routinely returned to their owners, to | 31 |
| ensure that the relocator's representative provides suitable | 32 |
| evidence of his or her identity to the owners of relocated | 33 |
| vehicles upon request;
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| (13.4) To fail, in the office or location at which | 35 |
| relocated vehicles
are routinely returned to their owners, to | 36 |
| make a supervisor available to the owners of relocated vehicles |
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| upon request;
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| (14) To remove any vehicle, otherwise in accordance with | 3 |
| this Chapter,
more than 15 air miles from its location when | 4 |
| towed from a location in an
unincorporated area of a county or | 5 |
| more than 10 air miles from its location
when towed from any | 6 |
| other location;
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| (15) To fail to make a telephone number available to the | 8 |
| police department
of any municipality in which a relocator | 9 |
| operates at which the relocator
or an employee of the relocator | 10 |
| may be contacted at any time during the
hours in which the | 11 |
| relocator is engaged in the towing of vehicles, or
advertised | 12 |
| as engaged in the towing of vehicles, for the purpose of
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| effectuating the release of a towed vehicle; or to fail to | 14 |
| include the
telephone number in any advertisement of the | 15 |
| relocator's services published
or otherwise appearing on or | 16 |
| after the effective date of this amendatory
Act; or to fail to | 17 |
| have an employee available at any time on the
premises owned or | 18 |
| controlled by the relocator for the purposes of arranging
for | 19 |
| the immediate release of the vehicle.
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| Apart from any other penalty or liability authorized under | 21 |
| this Act, if
after a reasonable effort, the owner of the | 22 |
| vehicle is unable to make telephone
contact with the relocator | 23 |
| for a period of one hour from his initial attempt
during any | 24 |
| time period in which the relocator is required to respond at
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| the number, all fees for towing, storage, or otherwise are to | 26 |
| be waived. Proof
of 3 attempted phone calls to the number | 27 |
| provided to the police department
by an officer or employee of | 28 |
| the department on behalf of the vehicle owner
within the space | 29 |
| of one hour, at least 2 of which are separated by 45 minutes,
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| shall be deemed sufficient proof of the owner's reasonable | 31 |
| effort to make
contact with the vehicle relocator. Failure of | 32 |
| the relocator to respond to
the phone calls is not a criminal | 33 |
| violation of this Chapter;
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| (16) To use equipment which the relocator does not own, | 35 |
| except in
compliance with Section 18a-306 of this Chapter and | 36 |
| Commission regulations.
No equipment can be leased to more than |
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| one relocator at any time.
Equipment leases shall be filed with | 2 |
| the Commission. If equipment is leased
to one relocator, it | 3 |
| cannot thereafter be leased to another relocator until
a | 4 |
| written cancellation of lease is properly filed with the | 5 |
| Commission;
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| (17) To use drivers or other personnel who are not | 7 |
| employees or
contractors of the relocator;
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| (18) To fail to refund any amount charged in excess of the | 9 |
| reasonable
rate established by the Commission;
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| (19) To violate any other provision of this Chapter, or of | 11 |
| Commission
regulations or orders adopted under this Chapter.
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| (Source: P.A. 88-448 .)
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