Rep. Kevin Joyce
Filed: 3/27/2007
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1 | AMENDMENT TO HOUSE BILL 2132
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2 | AMENDMENT NO. ______. Amend House Bill 2132 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 18a-100, 18a-101, 18a-200, 18a-500, and | ||||||
6 | 18a-501 and by adding Sections 18a-308, 18a-309, 18a-310, | ||||||
7 | 18a-311, 18a-312, 18a-313, 18a-314, and 18a-315 as follows:
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8 | (625 ILCS 5/18a-100) (from Ch. 95 1/2, par. 18a-100)
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9 | Sec. 18a-100. Definitions. As used in this Chapter: (1) | ||||||
10 | "Commercial
vehicle relocator" or "relocator" means any person | ||||||
11 | or entity engaged in the
business of removing trespassing | ||||||
12 | vehicles from private property or damaged or disabled vehicles | ||||||
13 | from public or private property by means of
towing or | ||||||
14 | otherwise, and thereafter relocating and storing such | ||||||
15 | vehicles;
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16 | (2) "Commission" means the Illinois Commerce Commission;
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1 | (3) "Operator" means any person who, as an employee of a | ||||||
2 | commercial
vehicle relocator, removes trespassing vehicles | ||||||
3 | from private property or damaged or disabled vehicles from | ||||||
4 | public or private property by
means of towing or otherwise. | ||||||
5 | This term includes the driver of any
vehicle used in removing a | ||||||
6 | trespassing vehicle from private property, as
well as any | ||||||
7 | person other than the driver who assists in the removal of a
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8 | trespassing vehicle from private property;
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9 | (4) "Operator's employment permit" means a license issued | ||||||
10 | to an operator
in accordance with Sections 18a-403 or 18a-405 | ||||||
11 | of this Chapter;
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12 | (5) "Relocator's license" means a license issued to a | ||||||
13 | commercial vehicle
relocator in accordance with Sections | ||||||
14 | 18a-400 or 18a-401 of this Chapter;
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15 | (6) "Dispatcher" means any person who, as an employee or | ||||||
16 | agent of a
commercial vehicle relocator, dispatches vehicles to | ||||||
17 | or from locations from
which operators perform removal | ||||||
18 | activities; and
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19 | (7) "Dispatcher's employment permit" means a license | ||||||
20 | issued to a
dispatcher in accordance with Sections 18a-407 or | ||||||
21 | 18a-408 of this Chapter.
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22 | (Source: P.A. 85-923.)
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23 | (625 ILCS 5/18a-101) (from Ch. 95 1/2, par. 18a-101)
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24 | Sec. 18a-101. Declaration of policy and delegation of | ||||||
25 | jurisdiction. It
is hereby declared to be the policy of the |
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1 | State of Illinois to supervise
and regulate the commercial | ||||||
2 | removal of trespassing vehicles from private
property and | ||||||
3 | damaged or disabled vehicles from public or private property , | ||||||
4 | and the subsequent relocation and storage of such vehicles in
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5 | such manner as to fairly distribute rights and responsibilities | ||||||
6 | among vehicle
owners, private property owners and commercial | ||||||
7 | vehicle relocators, and for
this purpose the power and | ||||||
8 | authority to administer and to enforce the provisions
of this | ||||||
9 | Chapter shall be vested in the Illinois Commerce Commission.
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10 | (Source: P.A. 80-1459.)
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11 | (625 ILCS 5/18a-200) (from Ch. 95 1/2, par. 18a-200)
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12 | Sec. 18a-200. General powers and duties of Commission. The | ||||||
13 | Commission shall:
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14 | (1) Regulate commercial vehicle relocators and their | ||||||
15 | employees or agents in
accordance with this Chapter and to that | ||||||
16 | end may establish reasonable
requirements with respect to | ||||||
17 | proper service and practices relating
thereto;
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18 | (2) Require the maintenance of uniform systems of accounts, | ||||||
19 | records
and the preservation thereof;
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20 | (3) Require that all drivers and other personnel used in | ||||||
21 | relocation be
employees of a licensed relocator;
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22 | (4) Regulate equipment leasing to and by relocators;
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23 | (5) Adopt reasonable and proper rules covering the exercise | ||||||
24 | of
powers conferred upon it by this Chapter, and reasonable | ||||||
25 | rules governing
investigations, hearings and proceedings under |
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1 | this Chapter;
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2 | (6) Set reasonable rates for the commercial towing or | ||||||
3 | removal of trespassing
vehicles from private property and | ||||||
4 | damaged or disabled vehicles from public or private property . | ||||||
5 | The rates shall not exceed the mean average of
the 5 highest | ||||||
6 | rates for police tows within the territory to which this | ||||||
7 | Chapter
applies that are performed under Sections 4-201 and | ||||||
8 | 4-214 of this Code and that
are of record at hearing; provided | ||||||
9 | that the Commission shall not re-calculate
the maximum | ||||||
10 | specified herein if the order containing the previous | ||||||
11 | calculation
was entered within one calendar year of the date on | ||||||
12 | which the new order is
entered. Set reasonable rates for the | ||||||
13 | storage, for periods in excess of 24
hours, of the vehicles in | ||||||
14 | connection with the towing or removal; however,
no relocator | ||||||
15 | shall impose charges for storage for the first 24 hours
after | ||||||
16 | towing or removal. Set reasonable rates for other services | ||||||
17 | provided
by relocators, provided that the rates shall not be | ||||||
18 | charged to the owner or
operator of a relocated vehicle. Any | ||||||
19 | fee charged by a
relocator for the use of a credit card that is | ||||||
20 | used to pay for any service
rendered by the relocator shall be | ||||||
21 | included in the total amount that shall
not exceed the maximum | ||||||
22 | reasonable rate established by the Commission. The
Commission | ||||||
23 | shall require a relocator to refund any amount charged in | ||||||
24 | excess
of the reasonable rate established by the Commission, | ||||||
25 | including any fee for
the use of a credit card;
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26 | (7) Investigate and maintain current files of the criminal |
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1 | records,
if any, of all relocators and their employees and of | ||||||
2 | all applicants for
relocator's license, operator's licenses | ||||||
3 | and dispatcher's licenses. If the
Commission determines that an | ||||||
4 | applicant for a license issued
under this Chapter will be | ||||||
5 | subjected to a criminal history records
check, the applicant | ||||||
6 | shall submit his or her fingerprints to the
Department of State | ||||||
7 | Police in the form and manner prescribed by the Department
of | ||||||
8 | State Police. These fingerprints shall be checked against the | ||||||
9 | Department
of State Police and Federal Bureau of Investigation | ||||||
10 | criminal history record
information databases now and | ||||||
11 | hereafter filed. The Department of State Police
shall charge | ||||||
12 | the applicant a
fee
for conducting the criminal history records | ||||||
13 | check, which shall be deposited in
the State Police Services | ||||||
14 | Fund and shall not exceed the actual cost of the
records check. | ||||||
15 | The Department of State Police shall furnish pursuant to
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16 | positive
identification, records of conviction to the | ||||||
17 | Commission;
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18 | (8) Issue relocator's licenses, dispatcher's employment | ||||||
19 | permits, and
operator's employment permits in accordance with | ||||||
20 | Article IV of this Chapter;
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21 | (9) Establish fitness standards for applicants seeking | ||||||
22 | relocator
licensees and holders of relocator licenses;
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23 | (10) Upon verified complaint in writing by any
person, | ||||||
24 | organization or body politic, or upon its own initiative may,
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25 | investigate whether any commercial vehicle relocator, | ||||||
26 | operator, dispatcher,
or person otherwise required to comply |
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1 | with any provision of this Chapter
or any rule promulgated | ||||||
2 | hereunder, has failed to comply with any
provision or rule;
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3 | (11) Whenever the Commission receives notice from the | ||||||
4 | Secretary of State
that any domestic or foreign corporation | ||||||
5 | regulated under this Chapter has
not paid a franchise tax, | ||||||
6 | license fee or penalty required under the Business
Corporation | ||||||
7 | Act of 1983, institute proceedings
for the revocation of the | ||||||
8 | license or right to engage in any business
required under this | ||||||
9 | Chapter or the suspension thereof until such time as
the | ||||||
10 | delinquent franchise tax, license fee or penalty is paid ; . | ||||||
11 | (12) Establish form disclosures for use by commercial | ||||||
12 | vehicle relocators and operators, including all material | ||||||
13 | disclosures that must be made to the vehicle owner or operator | ||||||
14 | before a vehicle is towed, as is required by Section 18a-308 of | ||||||
15 | this Code; | ||||||
16 | (13) Establish form invoices for use by commercial vehicle | ||||||
17 | relocators and operators, including all material disclosures | ||||||
18 | that must be made to the vehicle owner or operator upon the | ||||||
19 | vehicle owner or operator's demand for the return of his or her | ||||||
20 | vehicle, as is required by Section 18a-309 of this Code; | ||||||
21 | (14) Establish form contracts for use by commercial vehicle | ||||||
22 | relocators and operators that comply with all requirements of | ||||||
23 | this Code.
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24 | (Source: P.A. 93-418, eff. 1-1-04.)
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25 | (625 ILCS 5/18a-308 new) |
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1 | Sec. 18a-308. Disclosure to vehicle owner or operator | ||||||
2 | before towing of damaged or disabled vehicle commences. | ||||||
3 | (a) A commercial vehicle relocator or operator shall not | ||||||
4 | commence the towing of a damaged or disabled vehicle without | ||||||
5 | specific authorization from the vehicle owner or operator after | ||||||
6 | the disclosures set forth in this Section. | ||||||
7 | (b) Every commercial vehicle relocator or operator shall, | ||||||
8 | before towing a damaged or disabled vehicle, give to each | ||||||
9 | vehicle owner or operator a written disclosure providing: | ||||||
10 | (1) The formal business name of the commercial vehicle | ||||||
11 | relocator or its operator, as registered with the Illinois | ||||||
12 | Secretary of State, and its business address and telephone | ||||||
13 | number. | ||||||
14 | (2) The address of the location to which the vehicle | ||||||
15 | shall be relocated by the operator. | ||||||
16 | (3) The cost of all relocation, storage, and any other | ||||||
17 | fees, without limitation, that the commercial vehicle | ||||||
18 | relocator or operator will charge for its services. | ||||||
19 | (4) An itemized description of the vehicle owner or | ||||||
20 | operator's rights under this Code, as follows: | ||||||
21 | "As a customer, you also have the following rights | ||||||
22 | under Illinois law: | ||||||
23 | (1) This written disclosure must be provided to you | ||||||
24 | before your vehicle is towed, providing the business | ||||||
25 | name, business address, address where the vehicle will | ||||||
26 | be towed, and a reliable telephone number; |
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1 | (2) Before towing, you must be advised of the price | ||||||
2 | of all services; | ||||||
3 | (3) Upon your demand, a final invoice itemizing all | ||||||
4 | charges, as well as any damage to the vehicle upon its | ||||||
5 | receipt and return to you, must be provided; | ||||||
6 | (4) Upon your demand, your vehicle must be returned | ||||||
7 | during business hours, upon your prompt payment of all | ||||||
8 | reasonable fees, not to exceed those set by the | ||||||
9 | Illinois Commerce Commission; | ||||||
10 | (5) You have the right to pay all charges in cash | ||||||
11 | or by major credit card; | ||||||
12 | (6) Upon your demand, you must be provided with | ||||||
13 | proof of the existence of mandatory insurance insuring | ||||||
14 | against all risks associated with the transportation | ||||||
15 | and storage of your vehicle; | ||||||
16 | (7) You cannot be charged a fee in excess of the | ||||||
17 | maximum fees for all services as set by the Consumer | ||||||
18 | Services Division of the Illinois Commerce Commission, | ||||||
19 | which are as follows:" | ||||||
20 | (c) The commercial vehicle relocator or operator shall | ||||||
21 | provide a copy of the completed disclosure required by this | ||||||
22 | Section to the vehicle owner or operator, before towing the | ||||||
23 | damaged or disabled vehicle, and shall maintain an identical | ||||||
24 | copy of the completed disclosure in its records for a minimum | ||||||
25 | of 5 years after the transaction concludes. | ||||||
26 | (d) If the vehicle owner or operator is incapacitated, |
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1 | incompetent, or otherwise unable to knowingly accept receipt of | ||||||
2 | the disclosure described in this Section, the commercial | ||||||
3 | vehicle relocator or operator shall provide a completed copy of | ||||||
4 | the disclosure to local law enforcement and, if known, the | ||||||
5 | vehicle owner or operator's automobile insurance company. | ||||||
6 | (e) If the commercial vehicle relocator or operator fails | ||||||
7 | to comply with the requirements of this Section, the commercial | ||||||
8 | vehicle relocator or operator shall be prohibited from seeking | ||||||
9 | any compensation whatsoever from the vehicle owner or operator, | ||||||
10 | including but not limited to any towing, storage, or other | ||||||
11 | incidental fees. Furthermore, if the commercial vehicle | ||||||
12 | relocator or operator fails to comply with the requirements of | ||||||
13 | this Section, any contracts entered into by the commercial | ||||||
14 | vehicle relocator or operator and the vehicle owner or operator | ||||||
15 | shall be deemed null, void, and unenforceable. | ||||||
16 | (625 ILCS 5/18a-309 new) | ||||||
17 | Sec. 18a-309. Disclosures to vehicle owners or operators; | ||||||
18 | invoices. | ||||||
19 | (a) Upon demand of the vehicle owner or operator, the | ||||||
20 | commercial vehicle relocator or operator shall provide an | ||||||
21 | itemized final invoice that fairly and accurately documents the | ||||||
22 | charges owed by the vehicle owner or operator for relocation of | ||||||
23 | damaged or disabled vehicles. The final estimate or invoice | ||||||
24 | shall accurately record in writing all of the items set forth | ||||||
25 | in this Section. |
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1 | (b) The final invoice shall show the formal business name | ||||||
2 | of the commercial vehicle relocator or its operator, as | ||||||
3 | registered with the Illinois Secretary of State, its business | ||||||
4 | address and telephone number, the date of the invoice, the | ||||||
5 | odometer reading at the time the final invoice was prepared, | ||||||
6 | the name of the vehicle owner or operator, and the description | ||||||
7 | of the motor vehicle, including the motor vehicle | ||||||
8 | identification number. In addition, the invoice shall describe | ||||||
9 | any modifications made to the vehicle by the commercial vehicle | ||||||
10 | relocator or operator, any observable damage to the vehicle | ||||||
11 | upon its initial receipt by the commercial vehicle relocator or | ||||||
12 | operator, and any observable damage to the vehicle at the time | ||||||
13 | of its release to the vehicle owner or operator. The invoice | ||||||
14 | shall itemize any additional charges and include those charges | ||||||
15 | in the total presented to the vehicle owner or operator. | ||||||
16 | (c) A legible copy of the invoice shall be given to the | ||||||
17 | vehicle owner or operator, and a legible copy shall be retained | ||||||
18 | by the collision repair facility for a period of 5 years from | ||||||
19 | the date of release of the vehicle. The copy may be retained in | ||||||
20 | electronic format. Records may be stored at a separate | ||||||
21 | location. | ||||||
22 | (625 ILCS 5/18a-310 new) | ||||||
23 | Sec. 18a-310. Disclosures to vehicle owners or operators; | ||||||
24 | required signs. Every commercial vehicle relocator's or | ||||||
25 | operator's storage facility that relocates or stores damaged or |
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1 | disabled vehicles shall post, in a prominent place on the | ||||||
2 | business premises, one or more signs, readily visible to | ||||||
3 | customers, in the following form: | ||||||
4 | YOUR CUSTOMER RIGHTS. YOU ARE ENTITLED BY LAW TO: | ||||||
5 | 1. BEFORE TOWING, A WRITTEN DISCLOSURE STATING THE NAME | ||||||
6 | OF THE TOWING AND STORAGE SERVICE, ITS BUSINESS ADDRESS AND | ||||||
7 | TELEPHONE NUMBER, AND THE ADDRESS WHERE THE VEHICLE WAS TO | ||||||
8 | BE TOWED. | ||||||
9 | 2. BEFORE TOWING, THE PRICE OF ALL CHARGES FOR THE | ||||||
10 | TOWING AND STORAGE OF YOUR VEHICLE. | ||||||
11 | 3. UPON YOUR DEMAND FOR THE RETURN OF YOUR VEHICLE, A | ||||||
12 | FINAL INVOICE ITEMIZING ALL CHARGES FOR TOWING, STORAGE, OR | ||||||
13 | ANY OTHER SERVICES PROVIDED, AS WELL AS ANY DAMAGE | ||||||
14 | IDENTIFIED TO THE VEHICLE AT THE TIME IT WAS TAKEN BY THE | ||||||
15 | TOWING AND STORAGE FACILITY, AS WELL AS ANY DAMAGE TO THE | ||||||
16 | VEHICLE IDENTIFIED UPON ITS RELEASE TO YOU. | ||||||
17 | 4. THE RETURN OF YOUR VEHICLE, UPON YOUR DEMAND FOR ITS | ||||||
18 | RETURN DURING BUSINESS HOURS AND YOUR PROMPT PAYMENT OF ALL | ||||||
19 | REASONABLE FEES, NOT TO EXCEED THOSE SET BY THE ILLINOIS | ||||||
20 | COMMERCE COMMISSION, AS DETAILED BELOW. | ||||||
21 | 5. PAY ALL CHARGES IN CASH OR BY MAJOR CREDIT CARD. | ||||||
22 | 6. UPON YOUR DEMAND, PROOF OF THE EXISTENCE OF | ||||||
23 | INSURANCE, WHICH THE COMMERCIAL VEHICLE RELOCATOR MUST | ||||||
24 | MAINTAIN TO INSURE AGAINST RISK OF DAMAGE TO YOUR VEHICLE | ||||||
25 | IN TRANSIT AND WHILE IN STORAGE. | ||||||
26 | IF THE COMMERCIAL VEHICLE RELOCATOR HAS COMPLIED WITH |
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1 | THE ABOVE RIGHTS, YOU ARE REQUIRED, BEFORE TAKING THE | ||||||
2 | VEHICLE FROM THE PREMISES, TO PAY FOR THE SERVICES PROVIDED | ||||||
3 | BY THE COMMERCIAL VEHICLE RELOCATOR, IN AN AMOUNT NOT IN | ||||||
4 | EXCESS OF THOSE FEES SET BY THE ILLINOIS COMMERCE | ||||||
5 | COMMISSION. | ||||||
6 | THE ILLINOIS COMMERCE COMMISSION HAS SET THE FOLLOWING | ||||||
7 | MAXIMUM FEES FOR SERVICES: | ||||||
8 | The first line of each sign shall be in letters not less | ||||||
9 | than 1.5 inches in height, and the remaining lines shall be in | ||||||
10 | letters not less than one-half inch in height. | ||||||
11 | (625 ILCS 5/18a-311 new) | ||||||
12 | Sec. 18a-311. Record keeping. Every commercial vehicle | ||||||
13 | relocator and operator engaged in relocation or storage of | ||||||
14 | damaged or disabled vehicles shall maintain copies of (i) all | ||||||
15 | disclosures provided to vehicle owners or operators as required | ||||||
16 | under Section 18a-308 and (ii) all invoices provided to vehicle | ||||||
17 | owners or operators as required under Section 18a-309. The | ||||||
18 | copies may be maintained in an electronic format, shall be kept | ||||||
19 | for 5 years, and shall be available for inspection by the | ||||||
20 | Attorney General. | ||||||
21 | (625 ILCS 5/18a-312 new) | ||||||
22 | Sec. 18a-312. Waiver or limitation of liability | ||||||
23 | prohibited. | ||||||
24 | (a) Commercial vehicle relocators or operators engaged in |
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1 | the relocation or storage of damaged or disabled vehicles shall | ||||||
2 | be prohibited from including a clause in contracts for the | ||||||
3 | relocation or storage of vehicles purporting to waive or limit | ||||||
4 | the commercial vehicle relocator's or operator's liability | ||||||
5 | under this Code, in tort or contract, or under any other | ||||||
6 | cognizable cause of action available to the vehicle owner or | ||||||
7 | operator. | ||||||
8 | (b) Commercial vehicle relocators or operators are | ||||||
9 | prohibited from requiring the vehicle owner or operator to sign | ||||||
10 | or agree to any document purporting to waive or limit the | ||||||
11 | commercial vehicle relocator's and operator's liability under | ||||||
12 | this Code, in tort or contract, or under any other cognizable | ||||||
13 | cause of action available to the vehicle owner or operator. | ||||||
14 | (c) Any contract, release, or other document purporting to | ||||||
15 | waive or limit the commercial vehicle relocator's or operator's | ||||||
16 | liability under this Code, in tort or contract, or under any | ||||||
17 | other cognizable cause of action available to the vehicle owner | ||||||
18 | or operator, shall be deemed null, void, and unenforceable. | ||||||
19 | (625 ILCS 5/18a-313 new) | ||||||
20 | Sec. 18a-313. Unlawful practice. Any commercial vehicle | ||||||
21 | relocator or operator engaged in the relocation or storage of | ||||||
22 | damaged or disabled vehicles who fails to comply with Sections | ||||||
23 | 18a-308, 18a-309, 18a-310, 18a-312, or 18a-500 of this Code | ||||||
24 | commits an unlawful practice within the meaning of the Consumer | ||||||
25 | Fraud and Deceptive Business Practices Act. |
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1 | (625 ILCS 5/18a-314 new) | ||||||
2 | Sec. 18a-314. Charges payable in cash or by major credit | ||||||
3 | card. Any towing or storage charges accrued by the vehicle | ||||||
4 | owner or operator shall be payable by the use of any major | ||||||
5 | credit card, in addition to being payable in cash. | ||||||
6 | (625 ILCS 5/18a-315 new)
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7 | Sec. 18a-315. Mandatory insurance coverage. | ||||||
8 | (a) A commercial vehicle relocator or operator shall | ||||||
9 | provide insurance coverage for all risks associated with the | ||||||
10 | transportation of vehicles towed under this Chapter, as well as | ||||||
11 | for areas where vehicles towed under this Chapter are impounded | ||||||
12 | or otherwise stored, and shall adequately cover loss by fire, | ||||||
13 | theft, or other risks. | ||||||
14 | (b) Upon the demand of the vehicle owner or operator, a | ||||||
15 | commercial vehicle relocator or operator shall promptly supply | ||||||
16 | proof of the existence of this insurance. | ||||||
17 | (c) Any person who fails to comply with the conditions and | ||||||
18 | restrictions of this subsection shall be guilty of a Class C | ||||||
19 | misdemeanor and shall be fined not less than $100 nor more than | ||||||
20 | $500.
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21 | (625 ILCS 5/18a-500) (from Ch. 95 1/2, par. 18a-500)
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22 | Sec. 18a-500. Posting of rates. Every commercial vehicle | ||||||
23 | relocator shall
print and keep open
to the public, all |
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1 | authorized rates and charges for towing, otherwise moving,
and | ||||||
2 | storing vehicles in connection with removal of unauthorized | ||||||
3 | vehicles
from private property or damaged or disabled vehicles | ||||||
4 | from public or private property . Such rates and charges shall
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5 | be clearly stated in terms of lawful money of the United | ||||||
6 | States, and shall
be posted in such form and manner, and shall | ||||||
7 | contain such information as
the Commission shall by regulation | ||||||
8 | prescribe.
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9 | (Source: P.A. 80-1459.)
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10 | (625 ILCS 5/18a-501) (from Ch. 95 1/2, par. 18a-501)
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11 | Sec. 18a-501. Liens against relocated vehicles. | ||||||
12 | (a) Except as otherwise provided in subsection (b), any | ||||||
13 | vehicle
Unauthorized vehicles
removed and stored by a | ||||||
14 | commercial vehicle relocator in compliance with
this Chapter | ||||||
15 | shall be subject to a possessory lien for services
pursuant to | ||||||
16 | the Labor and Storage Lien (Small Amount) Act, and the | ||||||
17 | provisions of
Section 1 of that Act relating to notice and | ||||||
18 | implied consent shall be deemed
satisfied by compliance with | ||||||
19 | Section 18a-302 and item (10)
of Section 18a-300. In no event | ||||||
20 | shall such lien be greater than the rate
or rates established | ||||||
21 | in accordance with item (6) of Section 18a-200. In no event
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22 | shall such lien be increased or altered to reflect any charge | ||||||
23 | for services
or materials rendered in addition to those | ||||||
24 | authorized by this Act. Every
such lien shall be payable by use | ||||||
25 | of any major credit card, in addition
to being payable in cash. |
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1 | Upon receipt of a properly signed credit card
receipt, a | ||||||
2 | relocator shall become a holder in due course, and neither the
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3 | holder of the credit card nor the company which issued the | ||||||
4 | credit card may
thereafter refuse to remit payment in the | ||||||
5 | amount shown on the credit card
receipt minus the ordinary | ||||||
6 | charge assessed by the credit card company for
processing the | ||||||
7 | charge. The Commission may adopt regulations governing
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8 | acceptance of credit cards by a relocator. | ||||||
9 | (b) A commercial vehicle relocator or operator that fails | ||||||
10 | to comply with Sections 18a-300, 18a-301, 18a-302, 18a-304, | ||||||
11 | 18a-308, 18a-309, 18a-310, 18a-311, 18a-312, or 18a-500 of this | ||||||
12 | Code is barred from asserting a possessory or chattel lien for | ||||||
13 | the amount of any fees claimed for any towing, storage, or | ||||||
14 | other services provided.
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15 | (Source: P.A. 91-357, eff. 7-29-99.)
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16 | Section 10. The Consumer Fraud and Deceptive Business | ||||||
17 | Practices Act is amended by changing Section 2Z as follows:
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18 | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
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19 | Sec. 2Z. Violations of other Acts. Any person who knowingly | ||||||
20 | violates
the Automotive Repair Act, the Automotive Collision | ||||||
21 | Repair Act,
the Home Repair and Remodeling Act,
the Dance | ||||||
22 | Studio Act,
the Physical Fitness Services Act,
the Hearing | ||||||
23 | Instrument Consumer Protection Act,
the Illinois Union Label | ||||||
24 | Act,
the Job Referral and Job Listing Services Consumer |
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1 | Protection Act,
the Travel Promotion Consumer Protection Act,
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2 | the Credit Services Organizations Act,
the Automatic Telephone | ||||||
3 | Dialers Act,
the Pay-Per-Call Services Consumer Protection | ||||||
4 | Act,
the Telephone Solicitations Act,
the Illinois Funeral or | ||||||
5 | Burial Funds Act,
the Cemetery Care Act,
the Safe and Hygienic | ||||||
6 | Bed Act,
the Pre-Need Cemetery Sales Act,
the High Risk Home | ||||||
7 | Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud | ||||||
8 | Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax | ||||||
9 | Act, the Payday Loan Reform Act, subsection
(a) or (b) of | ||||||
10 | Section 3-10 of the Cigarette Use Tax Act, the Electronic
Mail | ||||||
11 | Act, paragraph (6)
of
subsection (k) of Section 6-305 of the | ||||||
12 | Illinois Vehicle Code, Section 18a-308, 18a-309, 18a-310, | ||||||
13 | 18a-312, or 18a-500 of the Illinois Vehicle Code as provided in | ||||||
14 | Section 18a-313 of that Code, Article 3 of the Residential Real | ||||||
15 | Property Disclosure Act, the Automatic Contract Renewal Act, or | ||||||
16 | the Personal Information Protection Act commits an unlawful | ||||||
17 | practice within the meaning of this Act.
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18 | (Source: P.A. 93-561, eff. 1-1-04; 93-950, eff. 1-1-05; 94-13, | ||||||
19 | eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, eff. 1-1-06; 94-292, | ||||||
20 | eff. 1-1-06; 94-822, eff. 1-1-07.)".
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