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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 1. Short Title. This Act may be cited as the |
5 | | Statewide Relocation Towing Licensure Commission Act. |
6 | | Section 5. The Statewide Relocation Towing Licensure |
7 | | Commission. |
8 | | (a) There is hereby created the Statewide Relocation Towing |
9 | | Licensure Commission. |
10 | | (b) Within 60 days after the effective date of this Act, |
11 | | the members of the Commission shall be appointed with the |
12 | | following members: |
13 | | (1) one member of the General Assembly, appointed by |
14 | | the President of the Senate; |
15 | | (2) one member of the General Assembly, appointed by |
16 | | the Minority Leader of the Senate; |
17 | | (3) one member of the General Assembly, appointed by |
18 | | the Speaker of the House of Representatives; |
19 | | (4) one member of the General Assembly, appointed by |
20 | | the Minority Leader of the House of Representatives; |
21 | | (5) the Mayor of the City of Chicago, or his or her |
22 | | designee; |
23 | | (6) the Secretary of Transportation, or his or her |
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1 | | designee; |
2 | | (7) the Director of State Police, or his or her |
3 | | designee; |
4 | | (8) two members of the public who represent the towing |
5 | | industry, appointed by the President of the Professional |
6 | | Towing and Recovery Operators of Illinois; |
7 | | (9) two members of the public who represent the |
8 | | property casualty insurance industry, appointed by the |
9 | | Executive Director of the Illinois Insurance Association; |
10 | | (10) the President of the Illinois Municipal League, or |
11 | | his or her designee; |
12 | | (11) the President of the Illinois Sheriffs' |
13 | | Association, or his or her designee; |
14 | | (12) the Cook County State's Attorney, or his or her |
15 | | designee; |
16 | | (13) the Chairman of the Illinois Commerce Commission, |
17 | | or his or her designee; and |
18 | | (14) the President of the Northwest Municipal |
19 | | Conference, or his or her designee. |
20 | | (c) The members of the Commission shall receive no |
21 | | compensation for serving as members of the Commission. |
22 | | (d) The Illinois Commerce Commission shall provide |
23 | | administrative and other support to the Commission. |
24 | | Section 10. Meetings. |
25 | | (a) Each member of the Commission shall have voting rights |
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1 | | and all actions and recommendations shall be approved by a |
2 | | simple majority vote of the members. |
3 | | (b) The Commission shall meet no less than 3 times before |
4 | | the end of the calendar year in which this Act of the 99th |
5 | | General Assembly becomes effective. |
6 | | (c) At the initial meeting, the Commission shall elect one |
7 | | member as a Chairperson, through a simple majority vote, who |
8 | | shall thereafter call any subsequent meetings. |
9 | | Section 15. Reporting. |
10 | | (a) No later than July 1, 2017, the Commission shall submit |
11 | | a report to the Governor and to the General Assembly, which |
12 | | shall include, but is not limited to: |
13 | | (1) an evaluation of the current towing laws in this |
14 | | State; |
15 | | (2) a recommendation for an appropriate towing program |
16 | | for this State; |
17 | | (3) a review of all potential litigation costs for an |
18 | | owner of an impounded vehicle, a towing company, and a |
19 | | county or municipality; and |
20 | | (3) any other matters the Commission deems necessary. |
21 | | Section 20. Repealer. This Act is repealed on January 1, |
22 | | 2018. |
23 | | Section 105. The Illinois Vehicle Code is amended by |
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1 | | changing Sections 11-208.7 and 11-1431 as follows: |
2 | | (625 ILCS 5/11-208.7) |
3 | | Sec. 11-208.7. Administrative fees and procedures for |
4 | | impounding vehicles for specified violations. |
5 | | (a) Any county or municipality may, consistent with this |
6 | | Section, provide by ordinance procedures for the release of |
7 | | properly impounded vehicles and for the imposition of a |
8 | | reasonable administrative fee related to its administrative |
9 | | and processing costs associated with the investigation, |
10 | | arrest, and detention of an offender, or the removal, |
11 | | impoundment, storage, and release of the vehicle. The |
12 | | administrative fee imposed by the county or municipality may be |
13 | | in addition to any fees
charged for the towing and storage of |
14 | | an impounded vehicle. The administrative fee shall be waived by |
15 | | the county or municipality upon verifiable proof that the |
16 | | vehicle was stolen at the time the vehicle was impounded. |
17 | | (b) An Any ordinance establishing procedures for the |
18 | | release of properly impounded vehicles under this Section may |
19 | | impose fees only for the following violations: |
20 | | (1) operation or use of a motor vehicle in the |
21 | | commission of, or in the attempt to commit, an offense for |
22 | | which a motor vehicle may be seized and forfeited pursuant |
23 | | to Section 36-1 of the Criminal Code of 2012; or |
24 | | (2) driving under the influence of alcohol, another |
25 | | drug or drugs, an intoxicating compound or compounds, or |
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1 | | any combination thereof, in violation of Section 11-501 of |
2 | | this Code; or |
3 | | (3) operation or use of a motor vehicle in the |
4 | | commission of, or in the attempt to commit, a felony or in |
5 | | violation of the Cannabis Control Act; or |
6 | | (4) operation or use of a motor vehicle in the |
7 | | commission of, or in the attempt to commit, an offense in |
8 | | violation of the Illinois Controlled Substances Act; or |
9 | | (5) operation or use of a motor vehicle in the |
10 | | commission of, or in the attempt to commit, an offense in |
11 | | violation of Section 24-1, 24-1.5, or 24-3.1 of the |
12 | | Criminal Code of 1961 or the Criminal Code of 2012; or |
13 | | (6) driving while a driver's license, permit, or |
14 | | privilege to operate a motor vehicle is suspended or |
15 | | revoked pursuant to Section 6-303 of this Code; except that |
16 | | vehicles shall not be subjected to seizure or impoundment |
17 | | if the suspension is for an unpaid citation (parking or |
18 | | moving) or due to failure to comply with emission testing; |
19 | | or |
20 | | (7) operation or use of a motor vehicle while |
21 | | soliciting, possessing, or attempting to solicit or |
22 | | possess cannabis or a controlled substance, as defined by |
23 | | the Cannabis Control Act or the Illinois Controlled |
24 | | Substances Act; or |
25 | | (8) operation or use of a motor vehicle with an expired |
26 | | driver's license, in violation of Section 6-101 of this |
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1 | | Code, if the period of expiration is greater than one year; |
2 | | or |
3 | | (9) operation or use of a motor vehicle without ever |
4 | | having been issued a driver's license or permit, in |
5 | | violation of Section 6-101 of this Code, or operating a |
6 | | motor vehicle without ever having been issued a driver's |
7 | | license or permit due to a person's age; or |
8 | | (10) operation or use of a motor vehicle by a person |
9 | | against whom a warrant has been issued by a circuit clerk |
10 | | in Illinois for failing to answer charges that the driver |
11 | | violated Section 6-101, 6-303, or 11-501 of this Code; or |
12 | | (11) operation or use of a motor vehicle in the |
13 | | commission of, or in the attempt to commit, an offense in |
14 | | violation of Article 16 or 16A of the Criminal Code of 1961 |
15 | | or the Criminal Code of 2012; or |
16 | | (12) operation or use of a motor vehicle in the |
17 | | commission of, or in the attempt to commit, any other
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18 | | misdemeanor or felony offense in violation of the Criminal |
19 | | Code of 1961 or the Criminal Code of 2012, when so provided |
20 | | by
local ordinance; or |
21 | | (13) operation or use of a motor vehicle in violation |
22 | | of Section 11-503 of this Code: |
23 | | (A) while the vehicle is part of a funeral |
24 | | procession; or |
25 | | (B) in a manner that interferes with a funeral |
26 | | procession. |
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1 | | (c) The following shall apply to any fees imposed for |
2 | | administrative and processing costs pursuant to subsection |
3 | | (b): |
4 | | (1) All administrative fees and towing and storage |
5 | | charges shall be imposed on the registered owner of the |
6 | | motor vehicle or the agents of that owner. |
7 | | (2) The fees shall be in addition to (i) any other |
8 | | penalties that may be assessed by a court of law for the |
9 | | underlying violations; and (ii) any towing or storage fees, |
10 | | or both, charged by the towing company. |
11 | | (3) The fees shall be uniform for all similarly |
12 | | situated vehicles. |
13 | | (4) The fees shall be collected by and paid to the |
14 | | county or municipality imposing the fees. |
15 | | (5) The towing or storage fees, or both, shall be |
16 | | collected by and paid to the person, firm, or entity that |
17 | | tows and stores the impounded vehicle. |
18 | | (d) Any ordinance establishing procedures for the release |
19 | | of properly impounded vehicles under this Section shall provide |
20 | | for an opportunity for a hearing, as provided in subdivision |
21 | | (b)(4) of Section 11-208.3 of this Code, and for the release of |
22 | | the vehicle to the owner of record, lessee, or a lienholder of |
23 | | record upon payment of all administrative fees and towing and |
24 | | storage fees. |
25 | | (e) Any ordinance establishing procedures for the |
26 | | impoundment
and release of vehicles under this Section shall |
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1 | | include the following provisions concerning notice of |
2 | | impoundment: |
3 | | (1) Whenever
a police officer has cause to believe that |
4 | | a motor vehicle is subject to impoundment, the officer
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5 | | shall provide for the towing of the vehicle to a facility |
6 | | authorized by the county or municipality. |
7 | | (2) At the
time the vehicle is towed, the county or |
8 | | municipality shall notify or make a reasonable attempt to |
9 | | notify the
owner, lessee, or person identifying himself or |
10 | | herself as the owner or lessee of the vehicle, or any |
11 | | person
who is found to be in control of the vehicle at the |
12 | | time of the alleged offense, of the fact of the
seizure, |
13 | | and of the vehicle owner's or lessee's right to an |
14 | | administrative hearing. |
15 | | (3) The county or municipality shall
also provide |
16 | | notice that the motor vehicle will remain impounded pending |
17 | | the completion of an
administrative hearing, unless the |
18 | | owner or lessee of the vehicle or a lienholder posts with |
19 | | the county or
municipality a bond equal to the |
20 | | administrative fee as provided by ordinance and pays for |
21 | | all
towing and storage charges. |
22 | | (f) Any ordinance establishing procedures for the |
23 | | impoundment and
release of vehicles under this Section shall |
24 | | include a provision providing that the
registered owner or |
25 | | lessee of the vehicle and any lienholder of record shall be |
26 | | provided with a
notice of hearing. The notice shall: |
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1 | | (1) be served upon the owner, lessee, and any |
2 | | lienholder of record either by personal service or by first |
3 | | class mail to the interested party's address as registered |
4 | | with the Secretary of State; |
5 | | (2) be served upon interested parties within 10 days |
6 | | after a vehicle is impounded by the municipality; and |
7 | | (3) contain the date, time, and location of the |
8 | | administrative hearing. An
initial hearing shall be |
9 | | scheduled and convened no later than 45 days after the date |
10 | | of
the mailing of the notice of hearing. |
11 | | (g) In addition to the requirements contained in
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12 | | subdivision (b)(4) of Section 11-208.3 of this Code relating to |
13 | | administrative hearings, any ordinance providing for the |
14 | | impoundment
and release of vehicles under this Section shall |
15 | | include the following requirements concerning administrative |
16 | | hearings: |
17 | | (1) administrative hearings shall be conducted by a |
18 | | hearing officer who is an attorney licensed to practice law |
19 | | in this State for a minimum of 3 years; |
20 | | (2) at the conclusion of the administrative hearing, |
21 | | the hearing officer shall issue
a written decision either |
22 | | sustaining or overruling the vehicle impoundment; |
23 | | (3) if the basis for the vehicle
impoundment is |
24 | | sustained by the administrative hearing officer, any |
25 | | administrative fee posted to
secure the release of the |
26 | | vehicle shall be forfeited to the county or municipality; |
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1 | | (4) all final decisions of the administrative hearing |
2 | | officer shall be subject to
review under the provisions of |
3 | | the Administrative Review Law, unless the county or |
4 | | municipality allows in the enabling ordinance for direct |
5 | | appeal to the circuit court having jurisdiction over the |
6 | | county or municipality; and |
7 | | (5) unless the administrative hearing
officer |
8 | | overturns the basis for the vehicle impoundment, no vehicle |
9 | | shall be released to the owner, lessee, or lienholder of |
10 | | record until
all administrative fees and towing and storage |
11 | | charges are paid ; and . |
12 | | (6) if the administrative hearing officer finds that a |
13 | | county or municipality that impounds a vehicle exceeded its |
14 | | authority under this Code, the county or municipality shall |
15 | | be liable to the registered owner or lessee of the vehicle |
16 | | for the cost of storage fees and reasonable attorney's |
17 | | fees. |
18 | | (h) Vehicles not retrieved from the towing facility or |
19 | | storage facility
within 35 days after the administrative |
20 | | hearing officer issues a written decision shall be deemed |
21 | | abandoned and disposed of in accordance with the provisions of |
22 | | Article II of Chapter
4 of this Code. |
23 | | (i) Unless stayed by a court of competent jurisdiction, any |
24 | | fine, penalty, or administrative fee imposed under this
Section |
25 | | which remains unpaid in whole or in part after the expiration |
26 | | of the deadline for seeking judicial
review under the |
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1 | | Administrative Review Law may be enforced in the same manner as |
2 | | a judgment entered by a court of
competent jurisdiction.
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3 | | (j) The fee limits in subsection (b), the exceptions in |
4 | | paragraph (6) of subsection (b), and all of paragraph (6) of |
5 | | subsection (g) of this Section shall not apply to a home rule |
6 | | unit that tows a vehicle on a public way if a circumstance |
7 | | requires the towing of the vehicle or if the vehicle is towed |
8 | | due to a violation of a statute or local ordinance, and the |
9 | | home rule unit: |
10 | | (1) owns and operates a towing facility within its |
11 | | boundaries for the storage of towed vehicles; and |
12 | | (2) owns and operates tow trucks or enters into a |
13 | | contract with a third party vendor to operate tow trucks. |
14 | | (Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13; |
15 | | 98-518, eff. 8-22-13; 98-734, eff. 1-1-15; 98-756, eff. |
16 | | 7-16-14 .) |
17 | | (625 ILCS 5/11-1431) |
18 | | Sec. 11-1431. Solicitations at accident or disablement |
19 | | scene prohibited. |
20 | | (a) A tower, as defined by Section 1-205.2 of this Code, or |
21 | | an employee or agent of a tower may not: (i) stop at the scene |
22 | | of a motor vehicle accident or at or near a damaged or disabled |
23 | | vehicle for the purpose of soliciting the owner or operator of |
24 | | the damaged or disabled vehicle to enter into a towing service |
25 | | transaction; or (ii) stop at the scene of an accident or at or |
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1 | | near a damaged or disabled vehicle unless called to the |
2 | | location by a law enforcement officer, the Illinois Department |
3 | | of Transportation, the Illinois State Toll Highway Authority, a |
4 | | local agency having jurisdiction over the highway, or the
owner |
5 | | or operator of the damaged or disabled vehicle , or the owner or |
6 | | operator's authorized agent, including his or her insurer or |
7 | | motor club of which the owner or operator is a member . This |
8 | | Section shall not apply to employees of the Department, the |
9 | | Illinois State Toll Highway Authority, or local agencies when |
10 | | engaged in their official duties. Nothing in this Section shall |
11 | | prevent a tower from stopping at the scene of a motor vehicle |
12 | | accident or at or near a
damaged or disabled vehicle if the |
13 | | owner or operator signals the tower for assistance from the |
14 | | location of the motor vehicle accident or damaged or disabled |
15 | | vehicle.
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16 | | (b) A person or company who violates this Section is guilty |
17 | | of a Class 4 felony business offense and shall be required to |
18 | | pay a fine of more than $500, but not more than $1,000 . A |
19 | | person convicted of violating this Section shall also have his |
20 | | or her driver's license, permit, or privileges suspended for 3 |
21 | | months. After the expiration of the 3 month suspension, the |
22 | | person's driver's license, permit, or privileges shall not be |
23 | | reinstated until he or she has paid a reinstatement fee of |
24 | | $100. If a person violates this Section while his or her |
25 | | driver's license, permit, or privileges are suspended under |
26 | | this subsection (b), his or her driver's license, permit, or |
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1 | | privileges shall be suspended for an additional 6 months, and |
2 | | shall not be reinstated after the expiration of the 6 month |
3 | | suspension until he or she pays a reinstatement fee of $100. A |
4 | | vehicle owner, or his or her authorized agent or automobile |
5 | | insurer, may bring a claim against a company or person who |
6 | | willfully and materially violates this Section. A court may |
7 | | award the prevailing party reasonable attorney's fees, costs, |
8 | | and expenses relating to that action. |
9 | | (Source: P.A. 99-438, eff. 1-1-16 .)
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10 | | Section 999. Effective date. This Act takes effect upon |
11 | | becoming law. |