Illinois General Assembly - Full Text of SB2261
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Full Text of SB2261  99th General Assembly


Sen. William R. Haine

Filed: 3/31/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 2261 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short Title. This Act may be cited as the
5Statewide Relocation Towing Licensure Commission Act.
6    Section 5. The Statewide Relocation Towing Licensure
8    (a) There is hereby created the Statewide Relocation Towing
9Licensure Commission.
10    (b) Within 60 days after the effective date of this Act,
11the members of the Commission shall be appointed with the
12following members:
13        (1) one member of the General Assembly, appointed by
14    the President of the Senate;
15        (2) one member of the General Assembly, appointed by
16    the Minority Leader of the Senate;



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1        (3) one member of the General Assembly, appointed by
2    the Speaker of the House of Representatives;
3        (4) one member of the General Assembly, appointed by
4    the Minority Leader of the House of Representatives;
5        (5) the Mayor of the City of Chicago, or his or her
6    designee;
7        (6) the Secretary of Transportation, or his or her
8    designee;
9        (7) the Director of State Police, or his or her
10    designee;
11        (8) two members of the public who represent the towing
12    industry, one member appointed by the Speaker of the House
13    of Representatives and one member appointed by the Minority
14    Leader of the House of Representatives;
15        (9) two members of the public who represent the
16    property casualty insurance industry, one member appointed
17    by the President of the Senate and one member appointed by
18    the Minority Leader of the Senate;
19        (10) the President of the Illinois Municipal League, or
20    his or her designee;
21        (11) the President of the Illinois Sheriff's
22    Association, or his or her designee; and
23        (12) the Cook County State's Attorney, or his or her
24    designee.
25    (c) The members of the Commission shall receive no
26compensation for serving as members of the Commission.



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1    (d) The Illinois Commerce Commission shall provide
2administrative and other support to the Commission.
3    Section 10. Meetings.
4    (a) Each member of the Commission shall have voting rights
5and all actions and recommendations shall be approved by a
6simple majority vote of the members.
7    (b) The Commission shall meet no less than 3 times before
8the end of the calendar year in which this Act of the 99th
9General Assembly becomes effective.
10    (c) At the initial meeting, the Commission shall elect one
11member as a Chairperson, through a simple majority vote, who
12shall thereafter call any subsequent meetings.
13    Section 15. Reporting.
14    (a) No later than January 1, 2017, the Commission shall
15submit a report to the Governor and to the General Assembly,
16which shall include, but is not limited to:
17        (1) an evaluation of the current towing laws in this
18    State;
19        (2) a recommendation for an appropriate towing program
20    for this State; and
21        (3) any other matters the Commission deems necessary.
22    Section 20. Repealer. This Act is repealed on January 1,



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1    Section 105. The Illinois Vehicle Code is amended by
2changing Sections 11-208.7, 11-1431, 18d-120, and 18d-125 as
4    (625 ILCS 5/11-208.7)
5    Sec. 11-208.7. Administrative fees and procedures for
6impounding vehicles for specified violations.
7    (a) Any county or municipality may, consistent with this
8Section, provide by ordinance procedures for the release of
9properly impounded vehicles and for the imposition of a
10reasonable administrative fee related to its administrative
11and processing costs associated with the investigation,
12arrest, and detention of an offender, or the removal,
13impoundment, storage, and release of the vehicle. The
14administrative fee imposed by the county or municipality may be
15in addition to any fees charged for the towing and storage of
16an impounded vehicle, but shall not exceed $50 or the actual
17cost of services provided, whichever is greater. The
18administrative fee shall be waived by the county or
19municipality upon verifiable proof that the vehicle was stolen
20at the time the vehicle was impounded.
21    (b) Any ordinance establishing procedures for the release
22of properly impounded vehicles under this Section may impose
23fees for the following violations:
24        (1) operation or use of a motor vehicle in the



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1    commission of, or in the attempt to commit, an offense for
2    which a motor vehicle may be seized and forfeited pursuant
3    to Section 36-1 of the Criminal Code of 2012; or
4        (2) driving under the influence of alcohol, another
5    drug or drugs, an intoxicating compound or compounds, or
6    any combination thereof, in violation of Section 11-501 of
7    this Code; or
8        (3) operation or use of a motor vehicle in the
9    commission of, or in the attempt to commit, a felony or in
10    violation of the Cannabis Control Act; or
11        (4) operation or use of a motor vehicle in the
12    commission of, or in the attempt to commit, an offense in
13    violation of the Illinois Controlled Substances Act; or
14        (5) operation or use of a motor vehicle in the
15    commission of, or in the attempt to commit, an offense in
16    violation of Section 24-1, 24-1.5, or 24-3.1 of the
17    Criminal Code of 1961 or the Criminal Code of 2012; or
18        (6) driving while a driver's license, permit, or
19    privilege to operate a motor vehicle is suspended or
20    revoked pursuant to Section 6-303 of this Code; except that
21    vehicles shall not be subjected to seizure or impoundment
22    if the suspension is for an unpaid citation (parking or
23    moving) or due to failure to comply with emission testing;
24    or
25        (7) operation or use of a motor vehicle while
26    soliciting, possessing, or attempting to solicit or



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1    possess cannabis or a controlled substance, as defined by
2    the Cannabis Control Act or the Illinois Controlled
3    Substances Act; or
4        (8) operation or use of a motor vehicle with an expired
5    driver's license, in violation of Section 6-101 of this
6    Code, if the period of expiration is greater than one year;
7    or
8        (9) operation or use of a motor vehicle without ever
9    having been issued a driver's license or permit, in
10    violation of Section 6-101 of this Code, or operating a
11    motor vehicle without ever having been issued a driver's
12    license or permit due to a person's age; or
13        (10) operation or use of a motor vehicle by a person
14    against whom a warrant has been issued by a circuit clerk
15    in Illinois for failing to answer charges that the driver
16    violated Section 6-101, 6-303, or 11-501 of this Code; or
17        (11) operation or use of a motor vehicle in the
18    commission of, or in the attempt to commit, an offense in
19    violation of Article 16 or 16A of the Criminal Code of 1961
20    or the Criminal Code of 2012; or
21        (12) operation or use of a motor vehicle in the
22    commission of, or in the attempt to commit, any other
23    misdemeanor or felony offense in violation of the Criminal
24    Code of 1961 or the Criminal Code of 2012, when so provided
25    by local ordinance; or
26        (13) operation or use of a motor vehicle in violation



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1    of Section 11-503 of this Code:
2            (A) while the vehicle is part of a funeral
3        procession; or
4            (B) in a manner that interferes with a funeral
5        procession.
6    (c) The following shall apply to any fees imposed for
7administrative and processing costs pursuant to subsection
9        (1) All administrative fees and towing and storage
10    charges shall be imposed on the registered owner of the
11    motor vehicle or the agents of that owner.
12        (2) The fees shall be in addition to (i) any other
13    penalties that may be assessed by a court of law for the
14    underlying violations; and (ii) any towing or storage fees,
15    or both, charged by the towing company.
16        (3) The fees shall be uniform for all similarly
17    situated vehicles.
18        (4) The fees shall be collected by and paid to the
19    county or municipality imposing the fees.
20        (5) The towing or storage fees, or both, shall be
21    collected by and paid to the person, firm, or entity that
22    tows and stores the impounded vehicle.
23    (d) Any ordinance establishing procedures for the release
24of properly impounded vehicles under this Section shall provide
25for an opportunity for a hearing, as provided in subdivision
26(b)(4) of Section 11-208.3 of this Code, and for the release of



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1the vehicle to the owner of record, lessee, or a lienholder of
2record upon payment of all administrative fees and towing and
3storage fees.
4    (e) Any ordinance establishing procedures for the
5impoundment and release of vehicles under this Section shall
6include the following provisions concerning notice of
8        (1) Whenever a police officer has cause to believe that
9    a motor vehicle is subject to impoundment, the officer
10    shall provide for the towing of the vehicle to a facility
11    authorized by the county or municipality.
12        (2) At the time the vehicle is towed, the county or
13    municipality shall notify or make a reasonable attempt to
14    notify the owner, lessee, or person identifying himself or
15    herself as the owner or lessee of the vehicle, or any
16    person who is found to be in control of the vehicle at the
17    time of the alleged offense, of the fact of the seizure,
18    and of the vehicle owner's or lessee's right to an
19    administrative hearing.
20        (3) The county or municipality shall also provide
21    notice that the motor vehicle will remain impounded pending
22    the completion of an administrative hearing, unless the
23    owner or lessee of the vehicle or a lienholder posts with
24    the county or municipality a bond equal to the
25    administrative fee as provided by ordinance and pays for
26    all towing and storage charges.



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1    (f) Any ordinance establishing procedures for the
2impoundment and release of vehicles under this Section shall
3include a provision providing that the registered owner or
4lessee of the vehicle and any lienholder of record shall be
5provided with a notice of hearing. The notice shall:
6        (1) be served upon the owner, lessee, and any
7    lienholder of record either by personal service or by first
8    class mail to the interested party's address as registered
9    with the Secretary of State;
10        (2) be served upon interested parties within 10 days
11    after a vehicle is impounded by the municipality; and
12        (3) contain the date, time, and location of the
13    administrative hearing. An initial hearing shall be
14    scheduled and convened no later than 45 days after the date
15    of the mailing of the notice of hearing.
16    (g) In addition to the requirements contained in
17subdivision (b)(4) of Section 11-208.3 of this Code relating to
18administrative hearings, any ordinance providing for the
19impoundment and release of vehicles under this Section shall
20include the following requirements concerning administrative
22        (1) administrative hearings shall be conducted by a
23    hearing officer who is an attorney licensed to practice law
24    in this State for a minimum of 3 years;
25        (2) at the conclusion of the administrative hearing,
26    the hearing officer shall issue a written decision either



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1    sustaining or overruling the vehicle impoundment;
2        (3) if the basis for the vehicle impoundment is
3    sustained by the administrative hearing officer, any
4    administrative fee posted to secure the release of the
5    vehicle shall be forfeited to the county or municipality;
6        (4) all final decisions of the administrative hearing
7    officer shall be subject to review under the provisions of
8    the Administrative Review Law, unless the county or
9    municipality allows in the enabling ordinance for direct
10    appeal to the circuit court having jurisdiction over the
11    county or municipality; and
12        (5) unless the administrative hearing officer
13    overturns the basis for the vehicle impoundment, no vehicle
14    shall be released to the owner, lessee, or lienholder of
15    record until all administrative fees and towing and storage
16    charges are paid; and .
17        (6) if the basis for vehicle impoundment is not
18    sustained by the administrative hearing officer, the
19    county or municipality shall be liable to the registered
20    owner or lessee of the vehicle for the cost of alternative
21    transportation and attorney's fees.
22    (h) Vehicles not retrieved from the towing facility or
23storage facility within 35 days after the administrative
24hearing officer issues a written decision shall be deemed
25abandoned and disposed of in accordance with the provisions of
26Article II of Chapter 4 of this Code.



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1    (i) Unless stayed by a court of competent jurisdiction, any
2fine, penalty, or administrative fee imposed under this Section
3which remains unpaid in whole or in part after the expiration
4of the deadline for seeking judicial review under the
5Administrative Review Law may be enforced in the same manner as
6a judgment entered by a court of competent jurisdiction.
7    (j) A home rule unit may not regulate the administrative
8fees and procedures for impounding vehicles in a manner
9inconsistent with this Section. This subsection (j) is a denial
10and limitation of home rule powers and functions under
11subsection (h) of Section 6 of Article VII of the Illinois
13(Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13;
1498-518, eff. 8-22-13; 98-734, eff. 1-1-15; 98-756, eff.
16    (625 ILCS 5/11-1431)
17    Sec. 11-1431. Solicitations at accident or disablement
18scene prohibited.
19    (a) A tower, as defined by Section 1-205.2 of this Code, or
20an employee or agent of a tower may not: (i) stop at the scene
21of a motor vehicle accident or at or near a damaged or disabled
22vehicle for the purpose of soliciting the owner or operator of
23the damaged or disabled vehicle to enter into a towing service
24transaction; or (ii) stop at the scene of an accident or at or
25near a damaged or disabled vehicle unless called to the



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1location by a law enforcement officer, the Illinois Department
2of Transportation, the Illinois State Toll Highway Authority, a
3local agency having jurisdiction over the highway, or the owner
4or operator of the damaged or disabled vehicle, or the owner or
5operator's authorized agent, including his or her insurer or
6motor club of which the owner or operator is a member. This
7Section shall not apply to employees of the Department, the
8Illinois State Toll Highway Authority, or local agencies when
9engaged in their official duties. Nothing in this Section shall
10prevent a tower from stopping at the scene of a motor vehicle
11accident or at or near a damaged or disabled vehicle if the
12owner or operator signals the tower for assistance from the
13location of the motor vehicle accident or damaged or disabled
15    (b) A person or company who violates this Section is guilty
16of a Class 4 felony business offense and shall be required to
17pay a fine of more than $500, but not more than $1,000. A
18person convicted of violating this Section shall also have his
19or her driver's license, permit, or privileges suspended for 3
20months. After the expiration of the 3 month suspension, the
21person's driver's license, permit, or privileges shall not be
22reinstated until he or she has paid a reinstatement fee of
23$100. If a person violates this Section while his or her
24driver's license, permit, or privileges are suspended under
25this subsection (b), his or her driver's license, permit, or
26privileges shall be suspended for an additional 6 months, and



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1shall not be reinstated after the expiration of the 6 month
2suspension until he or she pays a reinstatement fee of $100.
3(Source: P.A. 99-438, eff. 1-1-16.)
4    (625 ILCS 5/18d-120)
5    Sec. 18d-120. Disclosure to vehicle owner or operator
6before towing of damaged or disabled vehicle commences.
7    (a) A commercial vehicle safety relocator shall not
8commence the towing of a damaged or disabled vehicle without
9specific authorization from the vehicle owner or operator after
10the disclosures set forth in this Section.
11    (b) Every commercial vehicle safety relocator shall,
12before towing a damaged or disabled vehicle, give to each
13vehicle owner or operator a written disclosure providing:
14        (1) The formal business name of the commercial vehicle
15    safety relocator, as registered with the Illinois
16    Secretary of State, and its business address and telephone
17    number.
18        (2) The address of the location to which the vehicle
19    shall be relocated.
20        (3) The cost of all relocation, storage, and any other
21    fees, without limitation, that the commercial vehicle
22    safety relocator will charge for its services.
23        (4) An itemized description of the vehicle owner or
24    operator's rights under this Code, as follows:
25    "As a customer, you also have the following rights under



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1Illinois law:
2        (1) This written disclosure must be provided to you
3    before your vehicle is towed, providing the business name,
4    business address, address where the vehicle will be towed,
5    and a reliable telephone number;
6        (2) Before towing, you must be advised of the price of
7    all services;
8        (3) Upon your demand, a final invoice itemizing all
9    charges, as well as any damage to the vehicle upon its
10    receipt and return to you, must be provided;
11        (4) Upon your demand, your vehicle must be returned
12    during business hours, upon your prompt payment of all
13    reasonable fees;
14        (5) You have the right to pay all charges in cash or by
15    major credit card;
16        (6) Upon your demand, you must be provided with proof
17    of the existence of mandatory insurance insuring against
18    all risks associated with the transportation and storage of
19    your vehicle."
20    (c) The commercial vehicle safety relocator shall provide a
21copy of the completed disclosure required by this Section to
22the vehicle owner or operator, before towing the damaged or
23disabled vehicle, and shall maintain an identical copy of the
24completed disclosure in its records for a minimum of 5 years
25after the transaction concludes.
26    (d) If the vehicle owner or operator is incapacitated,



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1incompetent, or otherwise unable to knowingly accept receipt of
2the disclosure described in this Section, the commercial
3vehicle safety relocator shall provide a completed copy of the
4disclosure to local law enforcement and, if known, the vehicle
5owner or operator's automobile insurance company.
6    (e) If the commercial vehicle safety relocator fails to
7comply with the requirements of this Section, the commercial
8vehicle safety relocator shall be prohibited from seeking any
9compensation whatsoever from the vehicle owner or operator,
10including but not limited to any towing, storage, or other
11incidental fees. Furthermore, if the commercial vehicle safety
12relocator or operator fails to comply with the requirements of
13this Section, any contracts entered into by the commercial
14vehicle safety relocator and the vehicle owner or operator
15shall be deemed null, void, and unenforceable. A vehicle owner,
16or his or her authorized agent or automobile insurer, may bring
17a claim against a commercial vehicle safety relocator who
18violates this Section. A court may award the prevailing party
19reasonable attorney's fees, costs, and expenses relating to
20that action.
21(Source: P.A. 95-562, eff. 7-1-08.)
22    (625 ILCS 5/18d-125)
23    Sec. 18d-125. Disclosures to vehicle owners or operators;
25    (a) Upon demand of the vehicle owner or operator, the



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1commercial vehicle safety relocator shall provide an itemized
2final invoice that fairly and accurately documents the charges
3owed by the vehicle owner or operator for relocation of damaged
4or disabled vehicles. The final estimate or invoice shall
5accurately record in writing all of the items set forth in this
7    (b) The final invoice shall show the formal business name
8of the commercial vehicle safety relocator, as registered with
9the Illinois Secretary of State, its business address and
10telephone number, the date of the invoice, the odometer reading
11at the time the final invoice was prepared, the name of the
12vehicle owner or operator, and the description of the motor
13vehicle, including the motor vehicle identification number. In
14addition, the invoice shall describe any modifications made to
15the vehicle by the commercial vehicle safety relocator, any
16observable damage to the vehicle upon its initial receipt by
17the commercial vehicle safety relocator, and any observable
18damage to the vehicle at the time of its release to the vehicle
19owner or operator. The invoice shall itemize any additional
20charges and include those charges in the total presented to the
21vehicle owner or operator.
22    (c) A legible copy of the invoice shall be given to the
23vehicle owner or operator, and a legible copy shall be retained
24by the commercial vehicle safety relocator for a period of 5
25years from the date of release of the vehicle. The copy may be
26retained in electronic format. Records may be stored at a



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1separate location.
2    (d) Disclosure forms required in accordance with this
3Section 18d-120 must be approved by the Commission.
4(Source: P.A. 95-562, eff. 7-1-08.)
5    Section 999. Effective date. This Section and Sections 1
6through 20 take effect upon becoming law.".