Bill Status of SB 2261   99th General Assembly

Short Description:  RELOCATION TOWING LIC COMM ACT

Senate Sponsors
Sen. William R. Haine-Jacqueline Y. Collins

House Sponsors
(Rep. Michael J. Zalewski)


Last Action  View All Actions

DateChamber Action
  8/19/2016SenatePublic Act . . . . . . . . . 99-0848

Statutes Amended In Order of Appearance
625 ILCS 5/11-208.7

Synopsis As Introduced
Amends the Illinois Vehicle Code. Provides that no vehicle may be impounded under this Section for illegal parking that has not exceeded 48 hours and the owner or lessee of the vehicle was unable to move the car due to an emergency circumstance. Defines emergency circumstance. Provides that if an administrative hearing officer finds that a vehicle has been wrongfully impounded, the county or municipality shall be liable to the owner or lessee of the vehicle for loss of use of the vehicle and any attorney's fees.

Senate Committee Amendment No. 1
Deletes reference to:
625 ILCS 5/1-100
Adds reference to:
New Act
625 ILCS 5/11-208.7
625 ILCS 5/11-1431
625 ILCS 5/18d-120
625 ILCS 5/18d-125

Replaces everything after the enacting clause. Creates the Statewide Relocation Towing Licensure Commission Act. Creates the Statewide Relocation Towing Licensure Commission. Provides for the appointment procedures for the members of the Commission and the Commission's meeting requirements. Provides that the Commission, no later than January 1, 2017, shall submit a report to the Governor and to the General Assembly evaluating the current towing laws of this State and providing recommendations for a towing program. Effective immediately. Amends the Illinois Vehicle Code. Preempts home rule powers for the regulation of administrative fees and procedures for impounding vehicles. Provides that a tower who stops at the scene of an accident for the purpose of soliciting and has not been called to the location by a law enforcement officer, the Department of Transportation, the State Toll Highway Authority, a local agency having jurisdiction over the highway, or the owner or operator of the damaged or disabled vehicle, or his or her automobile insurer or motor club, shall be guilty of a Class 4 felony (rather than a business offense). Provides that a commercial vehicle safety relocator shall not charge a fee in excess of a price listed in a disclosure without prior consent of the vehicle owner or operator. Provides that a vehicle owner, or his or her automobile insurer, may bring a claim against a commercial safety vehicle relocator who fails to comply with the requirements for the towing of a vehicle, and a court may award the prevailing party reasonable attorney's fees, costs, and expenses.

Senate Floor Amendment No. 2
Adds reference to:
625 ILCS 5/11-1303

Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by Senate Amendment No. 1 with the following changes. Creates the Statewide Relocation Towing Licensure Commission Act. Changes appointing powers for the members of the Commission and adds members to the Commission. Changes the Commission's reporting requirements. Amends the Illinois Vehicle Code. Removes the requirement that an administrative fee imposed by a county or municipality in addition to any fees charged for towing and storage of an impounded vehicle shall not exceed $50 or the actual cost of services provided, whichever is greater. Provides that a county or municipality ordinance establishing procedures for the release of properly impounded vehicles may impose fees only for the provided violations. Provides that if an administrative hearing officer finds no probable cause for vehicle impoundment (rather than finding no basis for vehicle impoundment), 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 (rather than the cost of alternative transportation and attorney's fees). Provides that except for a home rule unit that, on the effective date of this amendatory Act of the 99th General Assembly, owns and operates a towing facility within its boundaries for the storage of towed vehicles and owns and operates tow trucks or enters into a contract with a third party vendor to operate tow trucks, the administrative hearing officer shall not award attorney's fees if the reason for vehicle impoundment were certain parking violations. Provides that certain administrative fee limits and provisions relating to towing a vehicle on a public way shall not apply to a home rule unit if a circumstance requires towing of a vehicle or if a vehicle is towed due to a violation of a statute or local ordinance, and the home rule unit owns and operates a towing facility and owns and operates two trucks or enters into a contract with a third party vendor to operate tow trucks. Provides that no person shall stop or park a vehicle on a parkway or bicycle path or lane, except momentarily to pick up or discharge passengers. Effective immediately.

House Committee Amendment No. 3
Deletes reference to:
625 ILCS 5/11-1303
625 ILCS 5/18d-120
625 ILCS 5/18d-125

Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Amends the Illinois Vehicle Code. Removes authority for a county or municipality to impose fees for impounding a vehicle for unauthorized parking in a disabled person parking spot, parking in certain specified locations, or parking on a designated snow or tow route. Provides that if an administrative hearing officer finds that a county or municipality that impounds a vehicle exceeded its authority under the Illinois Vehicle Code (rather than the administrative hearing officer finding no probable cause for vehicle impoundment), 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. Removes limitation on regulation of fees by home rule unit. Provides that 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 the Section concerning solicitations at accident or disablement scenes and a court may award the prevailing party reasonable attorney's fees, costs, and expenses (rather than a vehicle owner bringing a claim against a commercial vehicle safety relocator). Removes changes to parking or standing prohibitions. Removes provision requiring the final invoice (rather than the final estimate or invoice) a commercial vehicle safety relocator provides upon demand to a vehicle owner or operator of a relocated damaged or disabled vehicle to accurately record in writing all items set forth in the Section concerning disclosures to vehicle owners or operations. Effective immediately.

Actions 
DateChamber Action
  1/27/2016SenateFiled with Secretary by Sen. William R. Haine
  1/27/2016SenateFirst Reading
  1/27/2016SenateReferred to Assignments
  1/27/2016SenateAssigned to Transportation
  3/17/2016SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/31/2016SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. William R. Haine
  3/31/2016SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/5/2016SenateSenate Committee Amendment No. 1 Assignments Refers to Transportation
  4/5/2016SenateSenate Committee Amendment No. 1 Adopted
  4/6/2016SenateDo Pass as Amended Transportation; 017-000-000
  4/6/2016SenatePlaced on Calendar Order of 2nd Reading April 7, 2016
  4/19/2016SenateSecond Reading
  4/19/2016SenatePlaced on Calendar Order of 3rd Reading April 20, 2016
  4/20/2016SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. William R. Haine
  4/20/2016SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/20/2016SenateSenate Floor Amendment No. 2 Assignments Refers to Transportation
  4/20/2016SenateSenate Floor Amendment No. 2 Recommend Do Adopt Transportation; 018-000-000
  4/22/2016SenateRecalled to Second Reading
  4/22/2016SenateSenate Floor Amendment No. 2 Adopted; Haine
  4/22/2016SenatePlaced on Calendar Order of 3rd Reading
  4/22/2016SenateThird Reading - Passed; 053-000-000
  4/22/2016HouseArrived in House
  4/22/2016HouseChief House Sponsor Rep. Michael J. Zalewski
  4/22/2016HouseFirst Reading
  4/22/2016HouseReferred to Rules Committee
  5/18/2016HouseAssigned to Revenue & Finance Committee
  5/18/2016HouseFinal Action Deadline Extended-9(b) May 27, 2016
  5/23/2016HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Michael J. Zalewski
  5/23/2016HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/24/2016HouseHouse Committee Amendment No. 1 Rules Refers to Personnel and Pensions Committee
  5/24/2016HouseHouse Committee Amendment No. 1 Re-Referred to Revenue & Finance Committee
  5/25/2016HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Michael J. Zalewski
  5/25/2016HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  5/26/2016HouseHouse Committee Amendment No. 2 Rules Refers to Revenue & Finance Committee
  5/27/2016HouseHouse Committee Amendment No. 3 Filed with Clerk by Rep. Michael J. Zalewski
  5/27/2016HouseHouse Committee Amendment No. 3 Referred to Rules Committee
  5/27/2016HouseFinal Action Deadline Extended-9(b) May 31, 2016
  5/29/2016HouseHouse Committee Amendment No. 3 Rules Refers to Revenue & Finance Committee
  5/30/2016HouseMotion Filed to Suspend Rule 21 Revenue & Finance Committee; Rep. Barbara Flynn Currie
  5/30/2016HouseMotion to Suspend Rule 21 - Prevailed 067-048-000
  5/30/2016HouseHouse Committee Amendment No. 3 Adopted in Revenue & Finance Committee; by Voice Vote
  5/30/2016HouseDo Pass as Amended / Short Debate Revenue & Finance Committee; 008-003-000
  5/30/2016HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  5/30/2016HouseHouse Committee Amendment No. 2 Tabled Pursuant to Rule 40
  5/30/2016HousePlaced on Calendar 2nd Reading - Short Debate
  5/30/2016HouseSecond Reading - Short Debate
  5/30/2016HouseHeld on Calendar Order of Second Reading - Short Debate
  5/31/2016HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/31/2016HouseThird Reading - Short Debate - Passed 116-000-000
  5/31/2016SenateSecretary's Desk - Concurrence House Amendment(s) 3
  5/31/2016SenatePlaced on Calendar Order of Concurrence House Amendment(s) 3 - May 31, 2016
  5/31/2016SenateHouse Committee Amendment No. 3 Motion to Concur Filed with Secretary Sen. William R. Haine
  5/31/2016SenateHouse Committee Amendment No. 3 Motion to Concur Referred to Assignments
  5/31/2016SenateHouse Committee Amendment No. 3 Motion to Concur Assignments Referred to State Government and Veterans Affairs
  5/31/2016SenateHouse Committee Amendment No. 3 Motion To Concur Recommended Do Adopt State Government and Veterans Affairs; 005-000-000
  5/31/2016SenateHouse Committee Amendment No. 3 Senate Concurs 058-000-000
  5/31/2016SenateSenate Concurs
  5/31/2016SenatePassed Both Houses
  6/29/2016SenateSent to the Governor
  8/19/2016SenateGovernor Approved
  8/19/2016SenateEffective Date August 19, 2016
  8/19/2016SenatePublic Act . . . . . . . . . 99-0848

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