HB3122 101ST GENERAL ASSEMBLY

LRB101 11070 TAE 56275 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3122

Introduced , by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-1431

Amends the Illinois Vehicle Code. Provides that a tower or the employee or agent of a tower that is summoned, or is alleging it was summoned, to the scene of an accident or disabled or damaged vehicle shall possess specified information, in writing or in an electronic record, before arriving at the scene. Provides that the tower shall make the information available to law enforcement, upon request, from the time the tower appears at the scene until the time the vehicle is towed and released to a third party, and shall maintain that information for 3 years. Provides that the tower shall make the information available for inspection and copying within 48 hours of a written request by any law enforcement officer or law enforcement entity, the Illinois Commerce Commission, or the Attorney General. Provides that a tower shall furnish the vehicle's owner or operator with a written itemized estimate of all charges and services to be performed. Provides that a tower shall obtain the vehicle owner's or operator's signature on the itemized estimate and shall furnish a copy to the person who signed the estimate. Provides that a tower shall not charge a towing, clean-up, service, or vehicle storage fee that is unreasonable. In penalty provisions, provides that a person who violates the provisions is guilty of a Class 4 felony. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 Section 11-1431 as follows:

(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, 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.

(a-1) A tower or the employee or agent of a tower that is summoned, or is alleging it was summoned, to the scene of an accident or disabled or damaged vehicle shall possess the following information in writing before arriving at the scene:

(1) the first and last name and working telephone number of the person who summoned it to the scene;

(2) the make, model, year, and license plate number of the disabled vehicle;

(3) the date and time it was summoned to the scene; and

(4) the name of the person who obtained the information in items (1), (2), and (3).

As used in this subsection, "in writing" includes an electronic record.

(a-2) A tower shall make the written information described in subsection (a-1) available to law enforcement, upon request, from the time the tower appears at the scene until the time the vehicle is towed and released to a third party, and shall maintain the information for 3 years. The tower shall make the information available for inspection and copying within 48 hours of a written request by any law enforcement officer or law enforcement entity, the Illinois Commerce Commission, or the Attorney General.

(a-3) Before attaching a vehicle to the tow truck, if the vehicle owner or operator is present at the time and location of the anticipated tow, the tower shall furnish the vehicle's owner or operator with a written itemized estimate of all charges and services to be performed. The estimate shall include the following:

(1) the name, address, telephone number, and commercial vehicle relocator's license number of the tower;

(2) the license plate number of the tow truck performing the tow;

(3) the first and last name of the towing operator, and, if different than the towing operator, the first and last name of the person from the towing company furnishing the estimate; and

(4) a description and cost for all services, including, but not limited to, charges for labor, special equipment, mileage from dispatch to return, and storage fees, expressed as a 24-hour rate.

The estimate may be furnished after the vehicle is attached and removed to the nearest safe shoulder or street if done at the request of a law enforcement or public agency and the estimate is furnished before the removal of the vehicle from the nearest safe shoulder or street.

(a-4) The tower shall obtain the vehicle owner's or operator's signature on the itemized estimate provided under subsection (a-3) and shall furnish a copy to the person who signed the estimate.

(a-5) A tower shall not charge a towing, clean-up, service, or vehicle storage fee that is unreasonable.

(a-6) For purposes of this Section, a towing, clean-up, service, or vehicle storage fee is reasonable if it is comparable to rates and fees charged by other facilities in the same locale.

(b) A person or company who violates this Section is guilty of a Class 4 felony. 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; 99-848, eff. 8-19-16; 100-201, eff. 8-18-17.)

Section 99. Effective date. This Act takes effect upon becoming law.