Illinois General Assembly - Full Text of Public Act 095-0562
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Public Act 095-0562


 

Public Act 0562 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0562
 
SB0435 Enrolled LRB095 10586 DRH 30807 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 1-100, 4-203, and 18a-105 and by adding Chapter 18d as
follows:
 
    (625 ILCS 5/1-100)  (from Ch. 95 1/2, par. 1-100)
    Sec. 1-100. Short Title. This Act may be cited as the
Illinois Vehicle Code.
    Portions of this Act may likewise be cited by a short title
as follows:
    Chapters 2, 3, 4 and 5: the Illinois Vehicle Title &
Registration Law.
    Chapter 6: the Illinois Driver Licensing Law.
    Chapter 7: the Illinois Safety and Family Financial
Responsibility Law.
    Chapter 11: the Illinois Rules of the Road.
    Chapter 12: the Illinois Vehicle Equipment Law.
    Chapter 13: the Illinois Vehicle Inspection Law.
    Chapter 14: the Illinois Vehicle Equipment Safety Compact.
    Chapter 15: the Illinois Size and Weight Law.
    Chapter 17: the Illinois Highway Safety Law.
    Chapter 18a: the Illinois Commercial Relocation of
Trespassing Vehicles Law.
    Chapter 18b: the Illinois Motor Carrier Safety Law.
    Chapter 18c: the Illinois Commercial Transportation Law.
    Chapter 18d: The Illinois Commercial Safety Towing Law.
(Source: P.A. 89-92, eff. 7-1-96.)
 
    (625 ILCS 5/4-203)  (from Ch. 95 1/2, par. 4-203)
    Sec. 4-203. Removal of motor vehicles or other vehicles;
Towing or hauling away.
    (a) When a vehicle is abandoned, or left unattended, on a
toll highway, interstate highway, or expressway for 2 hours or
more, its removal by a towing service may be authorized by a
law enforcement agency having jurisdiction.
    (b) When a vehicle is abandoned on a highway in an urban
district 10 hours or more, its removal by a towing service may
be authorized by a law enforcement agency having jurisdiction.
    (c) When a vehicle is abandoned or left unattended on a
highway other than a toll highway, interstate highway, or
expressway, outside of an urban district for 24 hours or more,
its removal by a towing service may be authorized by a law
enforcement agency having jurisdiction.
    (d) When an abandoned, unattended, wrecked, burned or
partially dismantled vehicle is creating a traffic hazard
because of its position in relation to the highway or its
physical appearance is causing the impeding of traffic, its
immediate removal from the highway or private property adjacent
to the highway by a towing service may be authorized by a law
enforcement agency having jurisdiction.
    (e) Whenever a peace officer reasonably believes that a
person under arrest for a violation of Section 11-501 of this
Code or a similar provision of a local ordinance is likely,
upon release, to commit a subsequent violation of Section
11-501, or a similar provision of a local ordinance, the
arresting officer shall have the vehicle which the person was
operating at the time of the arrest impounded for a period of
not more than 12 hours after the time of arrest. However, such
vehicle may be released by the arresting law enforcement agency
prior to the end of the impoundment period if:
        (1) the vehicle was not owned by the person under
    arrest, and the lawful owner requesting such release
    possesses a valid operator's license, proof of ownership,
    and would not, as determined by the arresting law
    enforcement agency, indicate a lack of ability to operate a
    motor vehicle in a safe manner, or who would otherwise, by
    operating such motor vehicle, be in violation of this Code;
    or
        (2) the vehicle is owned by the person under arrest,
    and the person under arrest gives permission to another
    person to operate such vehicle, provided however, that the
    other person possesses a valid operator's license and would
    not, as determined by the arresting law enforcement agency,
    indicate a lack of ability to operate a motor vehicle in a
    safe manner or who would otherwise, by operating such motor
    vehicle, be in violation of this Code.
    (e-5) Whenever a registered owner of a vehicle is taken
into custody for operating the vehicle in violation of Section
11-501 of this Code or a similar provision of a local ordinance
or Section 6-303 of this Code, a law enforcement officer may
have the vehicle immediately impounded for a period not less
than:
        (1) 24 hours for a second violation of Section 11-501
    of this Code or a similar provision of a local ordinance or
    Section 6-303 of this Code or a combination of these
    offenses; or
        (2) 48 hours for a third violation of Section 11-501 of
    this Code or a similar provision of a local ordinance or
    Section 6-303 of this Code or a combination of these
    offenses.
    The vehicle may be released sooner if the vehicle is owned
by the person under arrest and the person under arrest gives
permission to another person to operate the vehicle and that
other person possesses a valid operator's license and would
not, as determined by the arresting law enforcement agency,
indicate a lack of ability to operate a motor vehicle in a safe
manner or would otherwise, by operating the motor vehicle, be
in violation of this Code.
    (f) Except as provided in Chapter 18a of this Code, the
owner or lessor of privately owned real property within this
State, or any person authorized by such owner or lessor, or any
law enforcement agency in the case of publicly owned real
property may cause any motor vehicle abandoned or left
unattended upon such property without permission to be removed
by a towing service without liability for the costs of removal,
transportation or storage or damage caused by such removal,
transportation or storage. The towing or removal of any vehicle
from private property without the consent of the registered
owner or other legally authorized person in control of the
vehicle is subject to compliance with the following conditions
and restrictions:
        1. Any towed or removed vehicle must be stored at the
    site of the towing service's place of business. The site
    must be open during business hours, and for the purpose of
    redemption of vehicles, during the time that the person or
    firm towing such vehicle is open for towing purposes.
        2. The towing service shall within 30 minutes of
    completion of such towing or removal, notify the law
    enforcement agency having jurisdiction of such towing or
    removal, and the make, model, color and license plate
    number of the vehicle, and shall obtain and record the name
    of the person at the law enforcement agency to whom such
    information was reported.
        3. If the registered owner or legally authorized person
    entitled to possession of the vehicle shall arrive at the
    scene prior to actual removal or towing of the vehicle, the
    vehicle shall be disconnected from the tow truck and that
    person shall be allowed to remove the vehicle without
    interference, upon the payment of a reasonable service fee
    of not more than one half the posted rate of the towing
    service as provided in paragraph 6 of this subsection, for
    which a receipt shall be given.
        4. The rebate or payment of money or any other valuable
    consideration from the towing service or its owners,
    managers or employees to the owners or operators of the
    premises from which the vehicles are towed or removed, for
    the privilege of removing or towing those vehicles, is
    prohibited. Any individual who violates this paragraph
    shall be guilty of a Class A misdemeanor.
        5. Except for property appurtenant to and obviously a
    part of a single family residence, and except for instances
    where notice is personally given to the owner or other
    legally authorized person in control of the vehicle that
    the area in which that vehicle is parked is reserved or
    otherwise unavailable to unauthorized vehicles and they
    are subject to being removed at the owner or operator's
    expense, any property owner or lessor, prior to towing or
    removing any vehicle from private property without the
    consent of the owner or other legally authorized person in
    control of that vehicle, must post a notice meeting the
    following requirements:
            a. Except as otherwise provided in subparagraph
        a.1 of this subdivision (f)5, the notice must be
        prominently placed at each driveway access or curb cut
        allowing vehicular access to the property within 5 feet
        from the public right-of-way line. If there are no
        curbs or access barriers, the sign must be posted not
        less than one sign each 100 feet of lot frontage.
            a.1. In a municipality with a population of less
        than 250,000, as an alternative to the requirement of
        subparagraph a of this subdivision (f)5, the notice for
        a parking lot contained within property used solely for
        a 2-family, 3-family, or 4-family residence may be
        prominently placed at the perimeter of the parking lot,
        in a position where the notice is visible to the
        occupants of vehicles entering the lot.
            b. The notice must indicate clearly, in not less
        than 2 inch high light-reflective letters on a
        contrasting background, that unauthorized vehicles
        will be towed away at the owner's expense.
            c. The notice must also provide the name and
        current telephone number of the towing service towing
        or removing the vehicle.
            d. The sign structure containing the required
        notices must be permanently installed with the bottom
        of the sign not less than 4 feet above ground level,
        and must be continuously maintained on the property for
        not less than 24 hours prior to the towing or removing
        of any vehicle.
        6. Any towing service that tows or removes vehicles and
    proposes to require the owner, operator, or person in
    control of the vehicle to pay the costs of towing and
    storage prior to redemption of the vehicle must file and
    keep on record with the local law enforcement agency a
    complete copy of the current rates to be charged for such
    services, and post at the storage site an identical rate
    schedule and any written contracts with property owners,
    lessors, or persons in control of property which authorize
    them to remove vehicles as provided in this Section. The
    towing and storage charges, however, shall not exceed the
    maximum allowed by the Illinois Commerce Commission under
    Section 18a-200.
        7. No person shall engage in the removal of vehicles
    from private property as described in this Section without
    filing a notice of intent in each community where he
    intends to do such removal, and such notice shall be filed
    at least 7 days before commencing such towing.
        8. No removal of a vehicle from private property shall
    be done except upon express written instructions of the
    owners or persons in charge of the private property upon
    which the vehicle is said to be trespassing.
        9. Vehicle entry for the purpose of removal shall be
    allowed with reasonable care on the part of the person or
    firm towing the vehicle. Such person or firm shall be
    liable for any damages occasioned to the vehicle if such
    entry is not in accordance with the standards of reasonable
    care.
        10. When a vehicle has been towed or removed pursuant
    to this Section, it must be released to its owner or
    custodian within one half hour after requested, if such
    request is made during business hours. Any vehicle owner or
    custodian or agent shall have the right to inspect the
    vehicle before accepting its return, and no release or
    waiver of any kind which would release the towing service
    from liability for damages incurred during the towing and
    storage may be required from any vehicle owner or other
    legally authorized person as a condition of release of the
    vehicle. A detailed, signed receipt showing the legal name
    of the towing service must be given to the person paying
    towing or storage charges at the time of payment, whether
    requested or not.
    This Section shall not apply to law enforcement,
firefighting, rescue, ambulance, or other emergency vehicles
which are marked as such or to property owned by any
governmental entity.
    When an authorized person improperly causes a motor vehicle
to be removed, such person shall be liable to the owner or
lessee of the vehicle for the cost or removal, transportation
and storage, any damages resulting from the removal,
transportation and storage, attorney's fee and court costs.
    Any towing or storage charges accrued shall be payable by
the use of any major credit card, in addition to being payable
in cash.
        11. Towing companies shall also provide insurance
    coverage for areas where vehicles towed under the
    provisions of this Chapter will be impounded or otherwise
    stored, and shall adequately cover loss by fire, theft or
    other risks.
    Any person who fails to comply with the conditions and
restrictions of this subsection shall be guilty of a Class C
misdemeanor and shall be fined not less than $100 nor more than
$500.
    (g) When a vehicle is determined to be a hazardous
dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
Illinois Municipal Code, its removal and impoundment by a
towing service may be authorized by a law enforcement agency
with appropriate jurisdiction.
    When a vehicle removal from either public or private
property is authorized by a law enforcement agency, the owner
of the vehicle shall be responsible for all towing and storage
charges.
    Vehicles removed from public or private property and stored
by a commercial vehicle relocator or any other towing service
in compliance with this Section and Sections 4-201 and 4-202 of
this Code, or at the request of the vehicle owner or operator,
shall be subject to a possessor lien for services pursuant to
the Labor and Storage Lien (Small Amount) Act. The provisions
of Section 1 of that Act relating to notice and implied consent
shall be deemed satisfied by compliance with Section 18a-302
and subsection (6) of Section 18a-300. In no event shall such
lien be greater than the rate or rates established in
accordance with subsection (6) of Section 18a-200 of this Code.
In no event shall such lien be increased or altered to reflect
any charge for services or materials rendered in addition to
those authorized by this Act. Every such lien shall be payable
by use of any major credit card, in addition to being payable
in cash.
    Any personal property belonging to the vehicle owner in a
vehicle subject to a lien under this subsection (g) shall
likewise be subject to that lien, excepting only: food;
medicine; perishable property; any operator's licenses; any
cash, credit cards, or checks or checkbooks; and any wallet,
purse, or other property containing any operator's license or
other identifying documents or materials, cash, credit cards,
checks, or checkbooks.
    No lien under this subsection (g) shall: exceed $2,000 in
its total amount; or be increased or altered to reflect any
charge for services or materials rendered in addition to those
authorized by this Act.
(Source: P.A. 94-522, eff. 8-10-05; 94-784, eff. 1-1-07.)
 
    (625 ILCS 5/18a-105)  (from Ch. 95 1/2, par. 18a-105)
    Sec. 18a-105. Exemptions. This Chapter shall not apply to
the relocation of motorcycles. :
    (1) Vehicles registered for a gross weight in excess of
10,000 pounds, or if the vehicle is not registered, with a
gross weight in excess of 10,000 pounds including vehicle
weight and maximum load; or
    (2) Motorcycles.
    Such relocation shall be governed by the provisions of
Section 4-203 of this Code.
(Source: P.A. 85-923.)
 
    (625 ILCS 5/Chapter 18d heading new)
CHAPTER 18d. ILLINOIS COMMERCIAL SAFETY TOWING LAW

 
    (625 ILCS 5/18d-101 new)
    Sec. 18d-101. Short title. This Chapter may be cited as the
Illinois Commercial Safety Towing Law.
 
    (625 ILCS 5/18d-105 new)
    Sec. 18d-105. Definitions. As used in this Chapter:
    (1) "Commercial vehicle safety relocator" or "safety
relocator" means any person or entity engaged in the business
of removing damaged or disabled vehicles from public or private
property by means of towing or otherwise, and thereafter
relocating and storing such vehicles.
    (2) "Commission" means the Illinois Commerce Commission.
 
    (625 ILCS 5/18d-110 new)
    Sec. 18d-110. The General Assembly finds and declares that
commercial vehicle towing service in the State of Illinois
fundamentally affects the public interest and public welfare.
It is the intent of the General Assembly, in this amendatory
Act of the 95th General Assembly, to promote the public
interest and the public welfare by requiring similar basic
consumer protections and fraud prevention measures that are
required of other marketplace participants, including the
disclosure of material terms and conditions of the service to
consumers before consumers accept the terms and conditions. The
General Assembly also intends that the provisions in this
amendatory Act of the 95th General Assembly promote safety for
all persons and vehicles that travel or otherwise use the
public highways of this State. The General Assembly finds that
it is in the public interest that persons whose vehicles are
towed from the public highways know important basic
information, such as where they can retrieve their vehicles and
the cost to retrieve their vehicles, so that they can avoid
vehicle deterioration and arrange for a prompt repair of the
vehicles.
 
    (625 ILCS 5/18d-115 new)
    Sec. 18d-115. It shall be unlawful for any commercial
vehicle safety relocator to operate in any county in which this
Chapter is applicable without a valid, current safety
relocator's registration certificate issued by the Illinois
Commerce Commission. The Illinois Commerce Commission shall
issue safety relocator's registration certificates in
accordance with administrative rules adopted by the
Commission. The Commission may, at any time during the term of
the registration certificate, make inquiry, into the
licensee's management or conduct of business or otherwise, to
determine that the provisions of this Chapter and the rules of
the Commission adopted under this Chapter are being observed.
 
    (625 ILCS 5/18d-120 new)
    Sec. 18d-120. Disclosure to vehicle owner or operator
before towing of damaged or disabled vehicle commences.
    (a) A commercial vehicle safety relocator shall not
commence the towing of a damaged or disabled vehicle without
specific authorization from the vehicle owner or operator after
the disclosures set forth in this Section.
    (b) Every commercial vehicle safety relocator shall,
before towing a damaged or disabled vehicle, give to each
vehicle owner or operator a written disclosure providing:
        (1) The formal business name of the commercial vehicle
    safety relocator, as registered with the Illinois
    Secretary of State, and its business address and telephone
    number.
        (2) The address of the location to which the vehicle
    shall be relocated.
        (3) The cost of all relocation, storage, and any other
    fees, without limitation, that the commercial vehicle
    safety relocator will charge for its services.
        (4) An itemized description of the vehicle owner or
    operator's rights under this Code, as follows:
    "As a customer, you also have the following rights under
Illinois law:
        (1) This written disclosure must be provided to you
    before your vehicle is towed, providing the business name,
    business address, address where the vehicle will be towed,
    and a reliable telephone number;
        (2) Before towing, you must be advised of the price of
    all services;
        (3) Upon your demand, a final invoice itemizing all
    charges, as well as any damage to the vehicle upon its
    receipt and return to you, must be provided;
        (4) Upon your demand, your vehicle must be returned
    during business hours, upon your prompt payment of all
    reasonable fees;
        (5) You have the right to pay all charges in cash or by
    major credit card;
        (6) Upon your demand, you must be provided with proof
    of the existence of mandatory insurance insuring against
    all risks associated with the transportation and storage of
    your vehicle."
    (c) The commercial vehicle safety relocator shall provide a
copy of the completed disclosure required by this Section to
the vehicle owner or operator, before towing the damaged or
disabled vehicle, and shall maintain an identical copy of the
completed disclosure in its records for a minimum of 5 years
after the transaction concludes.
    (d) If the vehicle owner or operator is incapacitated,
incompetent, or otherwise unable to knowingly accept receipt of
the disclosure described in this Section, the commercial
vehicle safety relocator shall provide a completed copy of the
disclosure to local law enforcement and, if known, the vehicle
owner or operator's automobile insurance company.
    (e) If the commercial vehicle safety relocator fails to
comply with the requirements of this Section, the commercial
vehicle safety relocator shall be prohibited from seeking any
compensation whatsoever from the vehicle owner or operator,
including but not limited to any towing, storage, or other
incidental fees. Furthermore, if the commercial vehicle safety
relocator or operator fails to comply with the requirements of
this Section, any contracts entered into by the commercial
vehicle safety relocator and the vehicle owner or operator
shall be deemed null, void, and unenforceable.
 
    (625 ILCS 5/18d-125 new)
    Sec. 18d-125. Disclosures to vehicle owners or operators;
invoices.
    (a) Upon demand of the vehicle owner or operator, the
commercial vehicle safety relocator shall provide an itemized
final invoice that fairly and accurately documents the charges
owed by the vehicle owner or operator for relocation of damaged
or disabled vehicles. The final estimate or invoice shall
accurately record in writing all of the items set forth in this
Section.
    (b) The final invoice shall show the formal business name
of the commercial vehicle safety relocator, as registered with
the Illinois Secretary of State, its business address and
telephone number, the date of the invoice, the odometer reading
at the time the final invoice was prepared, the name of the
vehicle owner or operator, and the description of the motor
vehicle, including the motor vehicle identification number. In
addition, the invoice shall describe any modifications made to
the vehicle by the commercial vehicle safety relocator, any
observable damage to the vehicle upon its initial receipt by
the commercial vehicle safety relocator, and any observable
damage to the vehicle at the time of its release to the vehicle
owner or operator. The invoice shall itemize any additional
charges and include those charges in the total presented to the
vehicle owner or operator.
    (c) A legible copy of the invoice shall be given to the
vehicle owner or operator, and a legible copy shall be retained
by the commercial vehicle safety relocator for a period of 5
years from the date of release of the vehicle. The copy may be
retained in electronic format. Records may be stored at a
separate location.
    (d) Disclosure forms required in accordance with this
Section 18d-120 must be approved by the Commission.
 
    (625 ILCS 5/18d-130 new)
    Sec. 18d-130. Disclosures to vehicle owners or operators;
required signs. Every commercial vehicle safety relocator's
storage facility that relocates or stores damaged or disabled
vehicles shall post, in a prominent place on the business
premises, one or more signs, readily visible to customers, in
the following form:
    YOUR CUSTOMER RIGHTS. YOU ARE ENTITLED BY LAW TO:
        1. BEFORE TOWING, A WRITTEN DISCLOSURE STATING THE NAME
    OF THE TOWING AND STORAGE SERVICE, ITS BUSINESS ADDRESS AND
    TELEPHONE NUMBER, AND THE ADDRESS WHERE THE VEHICLE WAS TO
    BE TOWED.
        2. BEFORE TOWING, THE PRICE OF ALL CHARGES FOR THE
    TOWING AND STORAGE OF YOUR VEHICLE.
        3. UPON YOUR DEMAND FOR THE RETURN OF YOUR VEHICLE, A
    FINAL INVOICE ITEMIZING ALL CHARGES FOR TOWING, STORAGE, OR
    ANY OTHER SERVICES PROVIDED, AS WELL AS ANY DAMAGE
    IDENTIFIED TO THE VEHICLE AT THE TIME IT WAS TAKEN BY THE
    TOWING AND STORAGE FACILITY, AS WELL AS ANY DAMAGE TO THE
    VEHICLE IDENTIFIED UPON ITS RELEASE TO YOU.
        4. THE RETURN OF YOUR VEHICLE, UPON YOUR DEMAND FOR ITS
    RETURN DURING BUSINESS HOURS AND YOUR PROMPT PAYMENT OF ALL
    REASONABLE FEES.
        5. PAY ALL CHARGES IN CASH OR BY MAJOR CREDIT CARD.
        6. UPON YOUR DEMAND, PROOF OF THE EXISTENCE OF
    INSURANCE, WHICH THE COMMERCIAL VEHICLE SAFETY RELOCATOR
    MUST MAINTAIN TO INSURE AGAINST RISK OF DAMAGE TO YOUR
    VEHICLE IN TRANSIT AND WHILE IN STORAGE. IF THE COMMERCIAL
    VEHICLE SAFETY RELOCATOR HAS COMPLIED WITH THE ABOVE
    RIGHTS, YOU ARE REQUIRED, BEFORE TAKING THE VEHICLE FROM
    THE PREMISES, TO PAY FOR THE SERVICES PROVIDED BY THE
    COMMERCIAL VEHICLE RELOCATOR.
    The first line of each sign shall be in letters not less
than 1.5 inches in height, and the remaining lines shall be in
letters not less than one-half inch in height.
 
    (625 ILCS 5/18d-135 new)
    Sec. 18d-135. Record keeping. Every commercial vehicle
safety relocator engaged in relocation or storage of damaged or
disabled vehicles shall maintain copies of (i) all disclosures
provided to vehicle owners or operators as required under this
Chapter and (ii) all invoices provided to vehicle owners or
operators as required under this Chapter. The copies may be
maintained in an electronic format, shall be kept for 5 years,
and shall be available for inspection by the Illinois Commerce
Commission.
    Failure to provide requested documentation to the Illinois
Commerce Commission within 3 business days of a request
received from the Illinois Commerce Commission shall subject
the commercial vehicle safety relocator to penalties imposed by
the Illinois Commerce Commission. Penalties may include
suspension of registration certificate and monetary fines up to
$1,000 for each violation.
 
    (625 ILCS 5/18d-140 new)
    Sec. 18d-140. Any vehicle used in connection with any
commercial vehicle safety relocation service must have painted
or firmly affixed to the vehicle on both sides of the vehicle
in a color or colors vividly contrasting to the color of the
vehicle the name, address, and telephone number of the safety
relocator. The Commission shall prescribe reasonable rules and
regulations pertaining to insignia to be painted or firmly
affixed to vehicles.
 
    (625 ILCS 5/18d-145 new)
    Sec. 18d-145. Any vehicle used in connection with any
commercial vehicle safety relocation service must carry in the
power unit of the vehicle a certified copy of the currently
effective safety relocator's registration certificate. Copies
may be photographed, photocopied, or reproduced or printed by
any other legible and durable process. Any person guilty of not
causing to be displayed a copy of the safety relocator's
registration certificate may in any hearing concerning the
violation be excused from the payment of the penalty
hereinafter provided upon a showing that the registration
certificate was issued by the Commission, but was subsequently
lost or destroyed.
 
    (625 ILCS 5/18d-150 new)
    Sec. 18d-150. Waiver or limitation of liability
prohibited.
    (a) Commercial vehicle safety relocators engaged in the
relocation or storage of damaged or disabled vehicles shall be
prohibited from including a clause in contracts for the
relocation or storage of vehicles purporting to waive or limit
the commercial vehicle safety relocator's liability under this
Code, in tort or contract, or under any other cognizable cause
of action available to the vehicle owner or operator.
    (b) Commercial vehicle safety relocators are prohibited
from requiring the vehicle owner or operator to sign or agree
to any document purporting to waive or limit the commercial
vehicle safety relocator's liability under this Code, in tort
or contract, or under any other cognizable cause of action
available to the vehicle owner or operator.
    (c) Any contract, release, or other document purporting to
waive or limit the commercial vehicle safety relocator's
liability under this Code, in tort or contract, or under any
other cognizable cause of action available to the vehicle owner
or operator, shall be deemed null, void, and unenforceable.
 
    (625 ILCS 5/18d-155 new)
    Sec. 18d-155. The Illinois Commerce Commission may request
documentation or investigate business practices by a
commercial vehicle safety relocator to determine compliance
with this Chapter. Failure to comply with any Section of this
Chapter, as determined by the Illinois Commerce Commission
shall subject a commercial vehicle safety relocator to
penalties imposed by the Illinois Commerce Commission.
Penalties may include suspension of registration certificate
and monetary fines up to $1,000 for each violation.
 
    (625 ILCS 5/18d-160 new)
    Sec. 18d-160. Unlawful practice. Any commercial vehicle
safety relocator engaged in the relocation or storage of
damaged or disabled vehicles who fails to comply with Sections
18d-115, 18d-120, 18d-125, 18d-130, 18d-135, or 18d-150 of this
Code commits an unlawful practice within the meaning of the
Consumer Fraud and Deceptive Business Practices Act.
 
    (625 ILCS 5/18d-165 new)
    Sec. 18d-165. Charges payable in cash or by major credit
card. Any towing or storage charges accrued by the vehicle
owner or operator shall be payable by the use of any major
credit card, in addition to being payable in cash.
 
    (625 ILCS 5/18d-170 new)
    Sec. 18d-170. Mandatory insurance coverage.
    (a) A commercial vehicle safety relocator shall provide
insurance coverage for all risks associated with the
transportation of vehicles towed under this Chapter, as well as
for areas where vehicles towed under this Chapter are impounded
or otherwise stored, and shall adequately cover loss by fire,
theft, or other risks.
    (b) Upon the demand of the vehicle owner or operator, a
commercial vehicle safety relocator shall promptly supply
proof of the existence of this insurance.
    (c) Any person who fails to comply with the conditions and
restrictions of this subsection shall be fined not less than
$100 nor more than $500.
 
    (625 ILCS 5/18d-175 new)
    Sec. 18d-175. Disposition of funds. All fees and fines
collected by the Commission under this Chapter shall be paid
into the Transportation Regulatory Fund in the State treasury.
The money in that fund shall be used to defray the expenses of
the administration of this Chapter.
 
    (625 ILCS 5/18d-180 new)
    Sec. 18d-180. The provisions of this Chapter apply to all
the activities of safety relocators in any jurisdiction to
which Chapter 18a of this Code applies in accordance with
Section 18a-700.
 
    Section 10. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2Z as follows:
 
    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
    Sec. 2Z. Violations of other Acts. Any person who knowingly
violates the Automotive Repair Act, the Automotive Collision
Repair Act, the Home Repair and Remodeling Act, the Dance
Studio Act, the Physical Fitness Services Act, the Hearing
Instrument Consumer Protection Act, the Illinois Union Label
Act, the Job Referral and Job Listing Services Consumer
Protection Act, the Travel Promotion Consumer Protection Act,
the Credit Services Organizations Act, the Automatic Telephone
Dialers Act, the Pay-Per-Call Services Consumer Protection
Act, the Telephone Solicitations Act, the Illinois Funeral or
Burial Funds Act, the Cemetery Care Act, the Safe and Hygienic
Bed Act, the Pre-Need Cemetery Sales Act, the High Risk Home
Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud
Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax
Act, the Payday Loan Reform Act, subsection (a) or (b) of
Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail
Act, paragraph (6) of subsection (k) of Section 6-305 of the
Illinois Vehicle Code, Section 18d-115, 18d-120, 18d-125,
18d-135, or 18d-150 of the Illinois Vehicle Code, Article 3 of
the Residential Real Property Disclosure Act, the Automatic
Contract Renewal Act, or the Personal Information Protection
Act commits an unlawful practice within the meaning of this
Act.
(Source: P.A. 93-561, eff. 1-1-04; 93-950, eff. 1-1-05; 94-13,
eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, eff. 1-1-06; 94-292,
eff. 1-1-06; 94-822, eff. 1-1-07.)
 
    Section 99. Effective date. This Act takes effect July 1,
2008.

Effective Date: 7/1/2008