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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 18d-105, 18d-115, and 18d-160 and by adding Sections | ||||||
6 | 18d-126, 18d-185, and 18d-190, and 18d-195 as follows: | ||||||
7 | (625 ILCS 5/18d-105) | ||||||
8 | (This Section may contain text from a Public Act with a | ||||||
9 | delayed effective date )
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10 | Sec. 18d-105. Definitions. As used in this Chapter: | ||||||
11 | (1) "Commercial vehicle safety relocator" or "safety | ||||||
12 | relocator" means any person or entity engaged in the business | ||||||
13 | of removing damaged or disabled vehicles from public or private | ||||||
14 | property by means of towing or otherwise ; however, the term | ||||||
15 | "commercial vehicle safety relocator" or the term "safety | ||||||
16 | relocator" does not include a person or entity licensed under | ||||||
17 | Section 5-101 of this Code , and thereafter relocating and | ||||||
18 | storing such vehicles . | ||||||
19 | (2) "Commission" means the Illinois Commerce Commission.
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20 | (Source: P.A. 95-562, eff. 7-1-08.) | ||||||
21 | (625 ILCS 5/18d-115) | ||||||
22 | (This Section may contain text from a Public Act with a |
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1 | delayed effective date )
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2 | Sec. 18d-115. It shall be unlawful for any commercial | ||||||
3 | vehicle safety relocator to operate in any county in which this | ||||||
4 | Chapter is applicable without a valid, current safety | ||||||
5 | relocator's registration certificate issued by the Illinois | ||||||
6 | Commerce Commission. The Illinois Commerce Commission shall | ||||||
7 | issue safety relocator's registration certificates in | ||||||
8 | accordance with administrative rules adopted by the | ||||||
9 | Commission. The annual registration fee payable to the | ||||||
10 | Commission shall be $800 for a safety relocator operating only | ||||||
11 | 1 tow truck, $1,200 for a safety relocator operating at least 2 | ||||||
12 | but not more than 3 tow trucks, $1,800 for a safety relocator | ||||||
13 | operating at least 4 but not more than 6 tow trucks, $2,400 for | ||||||
14 | a safety relocator operating at least 7 but not more than 8 tow | ||||||
15 | trucks, and $3,200 for a safety relocator operating 9 or more | ||||||
16 | tow trucks. The Commission may, at any time during the term of | ||||||
17 | the registration certificate, make inquiry, into the | ||||||
18 | licensee's management or conduct of business or otherwise, to | ||||||
19 | determine that the provisions of this Chapter and the rules of | ||||||
20 | the Commission adopted under this Chapter are being observed.
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21 | (Source: P.A. 95-562, eff. 7-1-08.) | ||||||
22 | (625 ILCS 5/18d-126 new)
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23 | Sec. 18d-126. Disclosures to persons other than vehicle | ||||||
24 | owner or operator. An authorization to tow a damaged or | ||||||
25 | disabled vehicle may be made by a person other than the
vehicle |
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1 | owner or operator if the disclosures required by Sections | ||||||
2 | 18d-120 and 18d-125 of this
Chapter are provided to the third | ||||||
3 | party authorizer. | ||||||
4 | (625 ILCS 5/18d-160) | ||||||
5 | (This Section may contain text from a Public Act with a | ||||||
6 | delayed effective date )
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7 | Sec. 18d-160. Unlawful practice. Any commercial vehicle
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8 | safety relocator engaged in the relocation or storage of
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9 | damaged or disabled vehicles who fails to comply with Sections
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10 | 18d-115, 18d-120, 18d-125, 18d-130, 18d-135, or 18d-150 , or | ||||||
11 | 18d-185 of this Code
commits an unlawful practice within the | ||||||
12 | meaning of the Consumer
Fraud and Deceptive Business Practices | ||||||
13 | Act.
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14 | (Source: P.A. 95-562, eff. 7-1-08.) | ||||||
15 | (625 ILCS 5/18d-185 new) | ||||||
16 | Sec. 18d-185. Solicitation at the scene of an accident or | ||||||
17 | disablement. No safety relocator, tow truck operator, or | ||||||
18 | employee or agent of a safety relocator or tow truck operator | ||||||
19 | shall: (i) respond to the scene of a police investigation | ||||||
20 | unless called by the police or the owner or operator of a | ||||||
21 | damaged or disabled vehicle; (ii) stop at the scene of an | ||||||
22 | accident or at or near a damaged or disabled vehicle for the | ||||||
23 | purpose of soliciting an engagement for towing service; or | ||||||
24 | (iii) stop at the scene of an accident or at or near a damaged |
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1 | or disabled vehicle unless called to such location by the | ||||||
2 | police or the owner or operator of a damaged or disabled | ||||||
3 | vehicle. | ||||||
4 | (625 ILCS 5/18d-190 new) | ||||||
5 | Sec. 18d-190. Exemptions. The provisions of this Chapter do | ||||||
6 | not apply to: | ||||||
7 | (1) towing authorized by a law enforcement agency or | ||||||
8 | officer, as evidenced by a tow sheet issued by the law | ||||||
9 | enforcement agency or officer, or, if no tow sheet was | ||||||
10 | issued by the authorizing law enforcement agency or | ||||||
11 | officer, then evidenced by records of the safety relocator | ||||||
12 | showing the
date and time of authorization, the department | ||||||
13 | or star or badge number of the officer from whom | ||||||
14 | authorization was received, and the incident report number | ||||||
15 | assigned by the law enforcement agency or officer, and | ||||||
16 | storage and incidental services related to such police | ||||||
17 | towing; or | ||||||
18 | (2) towing authorized by a pre-existing written | ||||||
19 | contract establishing a predetermined cost of all | ||||||
20 | relocation, storage, and any other fees that the commercial | ||||||
21 | vehicle safety relocator will charge for its services. | ||||||
22 | (625 ILCS 5/18d-195 new)
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23 | Sec. 18d-195. No authority to make or promulgate rules. | ||||||
24 | Notwithstanding any other rulemaking authority that may exist, |
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1 | neither the Governor nor any agency or agency head under the | ||||||
2 | jurisdiction of the Governor has any authority to make or | ||||||
3 | promulgate rules to implement or enforce the provisions of this | ||||||
4 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
5 | Governor believes that rules are necessary to implement or | ||||||
6 | enforce the provisions of this amendatory Act of the 95th | ||||||
7 | General Assembly, the Governor may suggest rules to the General | ||||||
8 | Assembly by filing them with the Clerk of the House and | ||||||
9 | Secretary of the Senate and by requesting that the General | ||||||
10 | Assembly authorize such rulemaking by law, enact those | ||||||
11 | suggested rules into law, or take any other appropriate action | ||||||
12 | in the General Assembly's discretion. Nothing contained in this | ||||||
13 | amendatory Act of the 95th General Assembly shall be | ||||||
14 | interpreted to grant rulemaking authority under any other | ||||||
15 | Illinois statute where such authority is not otherwise | ||||||
16 | explicitly given. For the purposes of this Section, "rules" is | ||||||
17 | given the meaning contained in Section 1-70 of the Illinois | ||||||
18 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
19 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
20 | the Illinois Administrative Procedure Act to the extent that | ||||||
21 | such definitions apply to agencies or agency heads under the | ||||||
22 | jurisdiction of the Governor.
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23 | Section 10. The Consumer Fraud and Deceptive Business | ||||||
24 | Practices Act is amended by changing Section 2Z as follows:
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1 | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
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2 | (Text of Section before amendment by P.A. 95-562 ) | ||||||
3 | Sec. 2Z. Violations of other Acts. Any person who knowingly | ||||||
4 | violates
the Automotive Repair Act, the Automotive Collision | ||||||
5 | Repair Act,
the Home Repair and Remodeling Act,
the Dance | ||||||
6 | Studio Act,
the Physical Fitness Services Act,
the Hearing | ||||||
7 | Instrument Consumer Protection Act,
the Illinois Union Label | ||||||
8 | Act,
the Job Referral and Job Listing Services Consumer | ||||||
9 | Protection Act,
the Travel Promotion Consumer Protection Act,
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10 | the Credit Services Organizations Act,
the Automatic Telephone | ||||||
11 | Dialers Act,
the Pay-Per-Call Services Consumer Protection | ||||||
12 | Act,
the Telephone Solicitations Act,
the Illinois Funeral or | ||||||
13 | Burial Funds Act,
the Cemetery Care Act,
the Safe and Hygienic | ||||||
14 | Bed Act,
the Pre-Need Cemetery Sales Act,
the High Risk Home | ||||||
15 | Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud | ||||||
16 | Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax | ||||||
17 | Act, the Payday Loan Reform Act, subsection
(a) or (b) of | ||||||
18 | Section 3-10 of the Cigarette Use Tax Act, the Electronic
Mail | ||||||
19 | Act, the Internet Caller Identification Act, paragraph (6)
of
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20 | subsection (k) of Section 6-305 of the Illinois Vehicle Code, | ||||||
21 | Article 3 of the Residential Real Property Disclosure Act, the | ||||||
22 | Automatic Contract Renewal Act, or the Personal Information | ||||||
23 | Protection Act commits an unlawful practice within the meaning | ||||||
24 | of this Act.
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25 | (Source: P.A. 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, | ||||||
26 | eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07; 95-413, |
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1 | eff. 1-1-08.)
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2 | (Text of Section after amendment by P.A. 95-562 ) | ||||||
3 | Sec. 2Z. Violations of other Acts. Any person who knowingly | ||||||
4 | violates
the Automotive Repair Act, the Automotive Collision | ||||||
5 | Repair Act,
the Home Repair and Remodeling Act,
the Dance | ||||||
6 | Studio Act,
the Physical Fitness Services Act,
the Hearing | ||||||
7 | Instrument Consumer Protection Act,
the Illinois Union Label | ||||||
8 | Act,
the Job Referral and Job Listing Services Consumer | ||||||
9 | Protection Act,
the Travel Promotion Consumer Protection Act,
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10 | the Credit Services Organizations Act,
the Automatic Telephone | ||||||
11 | Dialers Act,
the Pay-Per-Call Services Consumer Protection | ||||||
12 | Act,
the Telephone Solicitations Act,
the Illinois Funeral or | ||||||
13 | Burial Funds Act,
the Cemetery Care Act,
the Safe and Hygienic | ||||||
14 | Bed Act,
the Pre-Need Cemetery Sales Act,
the High Risk Home | ||||||
15 | Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud | ||||||
16 | Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax | ||||||
17 | Act, the Payday Loan Reform Act, subsection
(a) or (b) of | ||||||
18 | Section 3-10 of the Cigarette Use Tax Act, the Electronic
Mail | ||||||
19 | Act, the Internet Caller Identification Act, paragraph (6)
of
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20 | subsection (k) of Section 6-305 of the Illinois Vehicle Code, | ||||||
21 | Section 18d-115, 18d-120, 18d-125, 18d-135, or 18d-150 , or | ||||||
22 | 18d-185 of the Illinois Vehicle Code, Article 3 of the | ||||||
23 | Residential Real Property Disclosure Act, the Automatic | ||||||
24 | Contract Renewal Act, or the Personal Information Protection | ||||||
25 | Act commits an unlawful practice within the meaning of this |
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1 | Act.
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2 | Notwithstanding any other rulemaking authority that may | ||||||
3 | exist, neither the Governor nor any agency or agency head under | ||||||
4 | the jurisdiction of the Governor has any authority to make or | ||||||
5 | promulgate rules to implement or enforce the provisions of this | ||||||
6 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
7 | Governor believes that rules are necessary to implement or | ||||||
8 | enforce the provisions of this amendatory Act of the 95th | ||||||
9 | General Assembly, the Governor may suggest rules to the General | ||||||
10 | Assembly by filing them with the Clerk of the House and | ||||||
11 | Secretary of the Senate and by requesting that the General | ||||||
12 | Assembly authorize such rulemaking by law, enact those | ||||||
13 | suggested rules into law, or take any other appropriate action | ||||||
14 | in the General Assembly's discretion. Nothing contained in this | ||||||
15 | amendatory Act of the 95th General Assembly shall be | ||||||
16 | interpreted to grant rulemaking authority under any other | ||||||
17 | Illinois statute where such authority is not otherwise | ||||||
18 | explicitly given. For the purposes of this Section, "rules" is | ||||||
19 | given the meaning contained in Section 1-70 of the Illinois | ||||||
20 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
21 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
22 | the Illinois Administrative Procedure Act to the extent that | ||||||
23 | such definitions apply to agencies or agency heads under the | ||||||
24 | jurisdiction of the Governor. | ||||||
25 | (Source: P.A. 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, | ||||||
26 | eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07; 95-413, |
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1 | eff. 1-1-08; 95-562, eff. 7-1-08; revised 10-17-07.)
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2 | Section 95. No acceleration or delay. Where this Act makes | ||||||
3 | changes in a statute that is represented in this Act by text | ||||||
4 | that is not yet or no longer in effect (for example, a Section | ||||||
5 | represented by multiple versions), the use of that text does | ||||||
6 | not accelerate or delay the taking effect of (i) the changes | ||||||
7 | made by this Act or (ii) provisions derived from any other | ||||||
8 | Public Act. | ||||||
9 | Section 999. Effective date. This Act takes effect July 1, | ||||||
10 | 2008. |