Public Act 099-0848
 
SB2261 EnrolledLRB099 16684 AXK 41022 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short Title. This Act may be cited as the
Statewide Relocation Towing Licensure Commission Act.
 
    Section 5. The Statewide Relocation Towing Licensure
Commission.
    (a) There is hereby created the Statewide Relocation Towing
Licensure Commission.
    (b) Within 60 days after the effective date of this Act,
the members of the Commission shall be appointed with the
following members:
        (1) one member of the General Assembly, appointed by
    the President of the Senate;
        (2) one member of the General Assembly, appointed by
    the Minority Leader of the Senate;
        (3) one member of the General Assembly, appointed by
    the Speaker of the House of Representatives;
        (4) one member of the General Assembly, appointed by
    the Minority Leader of the House of Representatives;
        (5) the Mayor of the City of Chicago, or his or her
    designee;
        (6) the Secretary of Transportation, or his or her
    designee;
        (7) the Director of State Police, or his or her
    designee;
        (8) two members of the public who represent the towing
    industry, appointed by the President of the Professional
    Towing and Recovery Operators of Illinois;
        (9) two members of the public who represent the
    property casualty insurance industry, appointed by the
    Executive Director of the Illinois Insurance Association;
        (10) the President of the Illinois Municipal League, or
    his or her designee;
        (11) the President of the Illinois Sheriffs'
    Association, or his or her designee;
        (12) the Cook County State's Attorney, or his or her
    designee;
        (13) the Chairman of the Illinois Commerce Commission,
    or his or her designee; and
        (14) the President of the Northwest Municipal
    Conference, or his or her designee.
    (c) The members of the Commission shall receive no
compensation for serving as members of the Commission.
    (d) The Illinois Commerce Commission shall provide
administrative and other support to the Commission.
 
    Section 10. Meetings.
    (a) Each member of the Commission shall have voting rights
and all actions and recommendations shall be approved by a
simple majority vote of the members.
    (b) The Commission shall meet no less than 3 times before
the end of the calendar year in which this Act of the 99th
General Assembly becomes effective.
    (c) At the initial meeting, the Commission shall elect one
member as a Chairperson, through a simple majority vote, who
shall thereafter call any subsequent meetings.
 
    Section 15. Reporting.
    (a) No later than July 1, 2017, the Commission shall submit
a report to the Governor and to the General Assembly, which
shall include, but is not limited to:
        (1) an evaluation of the current towing laws in this
    State;
        (2) a recommendation for an appropriate towing program
    for this State;
        (3) a review of all potential litigation costs for an
    owner of an impounded vehicle, a towing company, and a
    county or municipality; and
        (3) any other matters the Commission deems necessary.
 
    Section 20. Repealer. This Act is repealed on January 1,
2018.
 
    Section 105. The Illinois Vehicle Code is amended by
changing Sections 11-208.7 and 11-1431 as follows:
 
    (625 ILCS 5/11-208.7)
    Sec. 11-208.7. Administrative fees and procedures for
impounding vehicles for specified violations.
    (a) Any county or municipality may, consistent with this
Section, provide by ordinance procedures for the release of
properly impounded vehicles and for the imposition of a
reasonable administrative fee related to its administrative
and processing costs associated with the investigation,
arrest, and detention of an offender, or the removal,
impoundment, storage, and release of the vehicle. The
administrative fee imposed by the county or municipality may be
in addition to any fees charged for the towing and storage of
an impounded vehicle. The administrative fee shall be waived by
the county or municipality upon verifiable proof that the
vehicle was stolen at the time the vehicle was impounded.
    (b) An Any ordinance establishing procedures for the
release of properly impounded vehicles under this Section may
impose fees only for the following violations:
        (1) operation or use of a motor vehicle in the
    commission of, or in the attempt to commit, an offense for
    which a motor vehicle may be seized and forfeited pursuant
    to Section 36-1 of the Criminal Code of 2012; or
        (2) driving under the influence of alcohol, another
    drug or drugs, an intoxicating compound or compounds, or
    any combination thereof, in violation of Section 11-501 of
    this Code; or
        (3) operation or use of a motor vehicle in the
    commission of, or in the attempt to commit, a felony or in
    violation of the Cannabis Control Act; or
        (4) operation or use of a motor vehicle in the
    commission of, or in the attempt to commit, an offense in
    violation of the Illinois Controlled Substances Act; or
        (5) operation or use of a motor vehicle in the
    commission of, or in the attempt to commit, an offense in
    violation of Section 24-1, 24-1.5, or 24-3.1 of the
    Criminal Code of 1961 or the Criminal Code of 2012; or
        (6) driving while a driver's license, permit, or
    privilege to operate a motor vehicle is suspended or
    revoked pursuant to Section 6-303 of this Code; except that
    vehicles shall not be subjected to seizure or impoundment
    if the suspension is for an unpaid citation (parking or
    moving) or due to failure to comply with emission testing;
    or
        (7) operation or use of a motor vehicle while
    soliciting, possessing, or attempting to solicit or
    possess cannabis or a controlled substance, as defined by
    the Cannabis Control Act or the Illinois Controlled
    Substances Act; or
        (8) operation or use of a motor vehicle with an expired
    driver's license, in violation of Section 6-101 of this
    Code, if the period of expiration is greater than one year;
    or
        (9) operation or use of a motor vehicle without ever
    having been issued a driver's license or permit, in
    violation of Section 6-101 of this Code, or operating a
    motor vehicle without ever having been issued a driver's
    license or permit due to a person's age; or
        (10) operation or use of a motor vehicle by a person
    against whom a warrant has been issued by a circuit clerk
    in Illinois for failing to answer charges that the driver
    violated Section 6-101, 6-303, or 11-501 of this Code; or
        (11) operation or use of a motor vehicle in the
    commission of, or in the attempt to commit, an offense in
    violation of Article 16 or 16A of the Criminal Code of 1961
    or the Criminal Code of 2012; or
        (12) operation or use of a motor vehicle in the
    commission of, or in the attempt to commit, any other
    misdemeanor or felony offense in violation of the Criminal
    Code of 1961 or the Criminal Code of 2012, when so provided
    by local ordinance; or
        (13) operation or use of a motor vehicle in violation
    of Section 11-503 of this Code:
            (A) while the vehicle is part of a funeral
        procession; or
            (B) in a manner that interferes with a funeral
        procession.
    (c) The following shall apply to any fees imposed for
administrative and processing costs pursuant to subsection
(b):
        (1) All administrative fees and towing and storage
    charges shall be imposed on the registered owner of the
    motor vehicle or the agents of that owner.
        (2) The fees shall be in addition to (i) any other
    penalties that may be assessed by a court of law for the
    underlying violations; and (ii) any towing or storage fees,
    or both, charged by the towing company.
        (3) The fees shall be uniform for all similarly
    situated vehicles.
        (4) The fees shall be collected by and paid to the
    county or municipality imposing the fees.
        (5) The towing or storage fees, or both, shall be
    collected by and paid to the person, firm, or entity that
    tows and stores the impounded vehicle.
    (d) Any ordinance establishing procedures for the release
of properly impounded vehicles under this Section shall provide
for an opportunity for a hearing, as provided in subdivision
(b)(4) of Section 11-208.3 of this Code, and for the release of
the vehicle to the owner of record, lessee, or a lienholder of
record upon payment of all administrative fees and towing and
storage fees.
    (e) Any ordinance establishing procedures for the
impoundment and release of vehicles under this Section shall
include the following provisions concerning notice of
impoundment:
        (1) Whenever a police officer has cause to believe that
    a motor vehicle is subject to impoundment, the officer
    shall provide for the towing of the vehicle to a facility
    authorized by the county or municipality.
        (2) At the time the vehicle is towed, the county or
    municipality shall notify or make a reasonable attempt to
    notify the owner, lessee, or person identifying himself or
    herself as the owner or lessee of the vehicle, or any
    person who is found to be in control of the vehicle at the
    time of the alleged offense, of the fact of the seizure,
    and of the vehicle owner's or lessee's right to an
    administrative hearing.
        (3) The county or municipality shall also provide
    notice that the motor vehicle will remain impounded pending
    the completion of an administrative hearing, unless the
    owner or lessee of the vehicle or a lienholder posts with
    the county or municipality a bond equal to the
    administrative fee as provided by ordinance and pays for
    all towing and storage charges.
    (f) Any ordinance establishing procedures for the
impoundment and release of vehicles under this Section shall
include a provision providing that the registered owner or
lessee of the vehicle and any lienholder of record shall be
provided with a notice of hearing. The notice shall:
        (1) be served upon the owner, lessee, and any
    lienholder of record either by personal service or by first
    class mail to the interested party's address as registered
    with the Secretary of State;
        (2) be served upon interested parties within 10 days
    after a vehicle is impounded by the municipality; and
        (3) contain the date, time, and location of the
    administrative hearing. An initial hearing shall be
    scheduled and convened no later than 45 days after the date
    of the mailing of the notice of hearing.
    (g) In addition to the requirements contained in
subdivision (b)(4) of Section 11-208.3 of this Code relating to
administrative hearings, any ordinance providing for the
impoundment and release of vehicles under this Section shall
include the following requirements concerning administrative
hearings:
        (1) administrative hearings shall be conducted by a
    hearing officer who is an attorney licensed to practice law
    in this State for a minimum of 3 years;
        (2) at the conclusion of the administrative hearing,
    the hearing officer shall issue a written decision either
    sustaining or overruling the vehicle impoundment;
        (3) if the basis for the vehicle impoundment is
    sustained by the administrative hearing officer, any
    administrative fee posted to secure the release of the
    vehicle shall be forfeited to the county or municipality;
        (4) all final decisions of the administrative hearing
    officer shall be subject to review under the provisions of
    the Administrative Review Law, unless the county or
    municipality allows in the enabling ordinance for direct
    appeal to the circuit court having jurisdiction over the
    county or municipality; and
        (5) unless the administrative hearing officer
    overturns the basis for the vehicle impoundment, no vehicle
    shall be released to the owner, lessee, or lienholder of
    record until all administrative fees and towing and storage
    charges are paid; and .
        (6) if the administrative hearing officer finds that a
    county or municipality that impounds a vehicle exceeded its
    authority under this Code, the county or municipality shall
    be liable to the registered owner or lessee of the vehicle
    for the cost of storage fees and reasonable attorney's
    fees.
    (h) Vehicles not retrieved from the towing facility or
storage facility within 35 days after the administrative
hearing officer issues a written decision shall be deemed
abandoned and disposed of in accordance with the provisions of
Article II of Chapter 4 of this Code.
    (i) Unless stayed by a court of competent jurisdiction, any
fine, penalty, or administrative fee imposed under this Section
which remains unpaid in whole or in part after the expiration
of the deadline for seeking judicial review under the
Administrative Review Law may be enforced in the same manner as
a judgment entered by a court of competent jurisdiction.
    (j) The fee limits in subsection (b), the exceptions in
paragraph (6) of subsection (b), and all of paragraph (6) of
subsection (g) of this Section shall not apply to a home rule
unit that tows a vehicle on a public way if a circumstance
requires the towing of the vehicle or if the vehicle is towed
due to a violation of a statute or local ordinance, and the
home rule unit:
        (1) owns and operates a towing facility within its
    boundaries for the storage of towed vehicles; and
        (2) owns and operates tow trucks or enters into a
    contract with a third party vendor to operate tow trucks.
(Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13;
98-518, eff. 8-22-13; 98-734, eff. 1-1-15; 98-756, eff.
7-16-14.)
 
    (625 ILCS 5/11-1431)
    Sec. 11-1431. Solicitations at accident or disablement
scene prohibited.
    (a) A tower, as defined by Section 1-205.2 of this Code, or
an employee or agent of a tower may not: (i) stop at the scene
of a motor vehicle accident or at or near a damaged or disabled
vehicle for the purpose of soliciting the owner or operator of
the damaged or disabled vehicle to enter into a towing service
transaction; or (ii) stop at the scene of an accident or at or
near a damaged or disabled vehicle unless called to the
location by a law enforcement officer, the Illinois Department
of Transportation, the Illinois State Toll Highway Authority, a
local agency having jurisdiction over the highway, or the owner
or operator of the damaged or disabled vehicle, or the owner or
operator's authorized agent, including his or her insurer or
motor club of which the owner or operator is a member. This
Section shall not apply to employees of the Department, the
Illinois State Toll Highway Authority, or local agencies when
engaged in their official duties. Nothing in this Section shall
prevent a tower from stopping at the scene of a motor vehicle
accident or at or near a damaged or disabled vehicle if the
owner or operator signals the tower for assistance from the
location of the motor vehicle accident or damaged or disabled
vehicle.
    (b) A person or company who violates this Section is guilty
of a Class 4 felony business offense and shall be required to
pay a fine of more than $500, but not more than $1,000. A
person convicted of violating this Section shall also have his
or her driver's license, permit, or privileges suspended for 3
months. After the expiration of the 3 month suspension, the
person's driver's license, permit, or privileges shall not be
reinstated until he or she has paid a reinstatement fee of
$100. If a person violates this Section while his or her
driver's license, permit, or privileges are suspended under
this subsection (b), his or her driver's license, permit, or
privileges shall be suspended for an additional 6 months, and
shall not be reinstated after the expiration of the 6 month
suspension until he or she pays a reinstatement fee of $100. A
vehicle owner, or his or her authorized agent or automobile
insurer, may bring a claim against a company or person who
willfully and materially violates this Section. A court may
award the prevailing party reasonable attorney's fees, costs,
and expenses relating to that action.
(Source: P.A. 99-438, eff. 1-1-16.)
 
    Section 999. Effective date. This Act takes effect upon
becoming law.