SB2261 EnrolledLRB099 16684 AXK 41022 b

1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short Title. This Act may be cited as the
5Statewide Relocation Towing Licensure Commission Act.
6    Section 5. The Statewide Relocation Towing Licensure
8    (a) There is hereby created the Statewide Relocation Towing
9Licensure Commission.
10    (b) Within 60 days after the effective date of this Act,
11the members of the Commission shall be appointed with the
12following 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



SB2261 Enrolled- 2 -LRB099 16684 AXK 41022 b

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
21compensation for serving as members of the Commission.
22    (d) The Illinois Commerce Commission shall provide
23administrative and other support to the Commission.
24    Section 10. Meetings.
25    (a) Each member of the Commission shall have voting rights



SB2261 Enrolled- 3 -LRB099 16684 AXK 41022 b

1and all actions and recommendations shall be approved by a
2simple majority vote of the members.
3    (b) The Commission shall meet no less than 3 times before
4the end of the calendar year in which this Act of the 99th
5General Assembly becomes effective.
6    (c) At the initial meeting, the Commission shall elect one
7member as a Chairperson, through a simple majority vote, who
8shall thereafter call any subsequent meetings.
9    Section 15. Reporting.
10    (a) No later than July 1, 2017, the Commission shall submit
11a report to the Governor and to the General Assembly, which
12shall 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,
23    Section 105. The Illinois Vehicle Code is amended by



SB2261 Enrolled- 4 -LRB099 16684 AXK 41022 b

1changing 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
4impounding vehicles for specified violations.
5    (a) Any county or municipality may, consistent with this
6Section, provide by ordinance procedures for the release of
7properly impounded vehicles and for the imposition of a
8reasonable administrative fee related to its administrative
9and processing costs associated with the investigation,
10arrest, and detention of an offender, or the removal,
11impoundment, storage, and release of the vehicle. The
12administrative fee imposed by the county or municipality may be
13in addition to any fees charged for the towing and storage of
14an impounded vehicle. The administrative fee shall be waived by
15the county or municipality upon verifiable proof that the
16vehicle was stolen at the time the vehicle was impounded.
17    (b) An Any ordinance establishing procedures for the
18release of properly impounded vehicles under this Section may
19impose 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



SB2261 Enrolled- 5 -LRB099 16684 AXK 41022 b

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



SB2261 Enrolled- 6 -LRB099 16684 AXK 41022 b

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
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.



SB2261 Enrolled- 7 -LRB099 16684 AXK 41022 b

1    (c) The following shall apply to any fees imposed for
2administrative and processing costs pursuant to subsection
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
19of properly impounded vehicles under this Section shall provide
20for 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
22the vehicle to the owner of record, lessee, or a lienholder of
23record upon payment of all administrative fees and towing and
24storage fees.
25    (e) Any ordinance establishing procedures for the
26impoundment and release of vehicles under this Section shall



SB2261 Enrolled- 8 -LRB099 16684 AXK 41022 b

1include the following provisions concerning notice of
3        (1) Whenever a police officer has cause to believe that
4    a motor vehicle is subject to impoundment, the officer
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
23impoundment and release of vehicles under this Section shall
24include a provision providing that the registered owner or
25lessee of the vehicle and any lienholder of record shall be
26provided with a notice of hearing. The notice shall:



SB2261 Enrolled- 9 -LRB099 16684 AXK 41022 b

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
12subdivision (b)(4) of Section 11-208.3 of this Code relating to
13administrative hearings, any ordinance providing for the
14impoundment and release of vehicles under this Section shall
15include the following requirements concerning administrative
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;



SB2261 Enrolled- 10 -LRB099 16684 AXK 41022 b

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
19storage facility within 35 days after the administrative
20hearing officer issues a written decision shall be deemed
21abandoned and disposed of in accordance with the provisions of
22Article II of Chapter 4 of this Code.
23    (i) Unless stayed by a court of competent jurisdiction, any
24fine, penalty, or administrative fee imposed under this Section
25which remains unpaid in whole or in part after the expiration
26of the deadline for seeking judicial review under the



SB2261 Enrolled- 11 -LRB099 16684 AXK 41022 b

1Administrative Review Law may be enforced in the same manner as
2a judgment entered by a court of competent jurisdiction.
3    (j) The fee limits in subsection (b), the exceptions in
4paragraph (6) of subsection (b), and all of paragraph (6) of
5subsection (g) of this Section shall not apply to a home rule
6unit that tows a vehicle on a public way if a circumstance
7requires the towing of the vehicle or if the vehicle is towed
8due to a violation of a statute or local ordinance, and the
9home 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;
1598-518, eff. 8-22-13; 98-734, eff. 1-1-15; 98-756, eff.
17    (625 ILCS 5/11-1431)
18    Sec. 11-1431. Solicitations at accident or disablement
19scene prohibited.
20    (a) A tower, as defined by Section 1-205.2 of this Code, or
21an employee or agent of a tower may not: (i) stop at the scene
22of a motor vehicle accident or at or near a damaged or disabled
23vehicle for the purpose of soliciting the owner or operator of
24the damaged or disabled vehicle to enter into a towing service
25transaction; or (ii) stop at the scene of an accident or at or



SB2261 Enrolled- 12 -LRB099 16684 AXK 41022 b

1near a damaged or disabled vehicle unless called to the
2location by a law enforcement officer, the Illinois Department
3of Transportation, the Illinois State Toll Highway Authority, a
4local agency having jurisdiction over the highway, or the owner
5or operator of the damaged or disabled vehicle, or the owner or
6operator's authorized agent, including his or her insurer or
7motor club of which the owner or operator is a member. This
8Section shall not apply to employees of the Department, the
9Illinois State Toll Highway Authority, or local agencies when
10engaged in their official duties. Nothing in this Section shall
11prevent a tower from stopping at the scene of a motor vehicle
12accident or at or near a damaged or disabled vehicle if the
13owner or operator signals the tower for assistance from the
14location of the motor vehicle accident or damaged or disabled
16    (b) A person or company who violates this Section is guilty
17of a Class 4 felony business offense and shall be required to
18pay a fine of more than $500, but not more than $1,000. A
19person convicted of violating this Section shall also have his
20or her driver's license, permit, or privileges suspended for 3
21months. After the expiration of the 3 month suspension, the
22person's driver's license, permit, or privileges shall not be
23reinstated until he or she has paid a reinstatement fee of
24$100. If a person violates this Section while his or her
25driver's license, permit, or privileges are suspended under
26this subsection (b), his or her driver's license, permit, or



SB2261 Enrolled- 13 -LRB099 16684 AXK 41022 b

1privileges shall be suspended for an additional 6 months, and
2shall not be reinstated after the expiration of the 6 month
3suspension until he or she pays a reinstatement fee of $100. A
4vehicle owner, or his or her authorized agent or automobile
5insurer, may bring a claim against a company or person who
6willfully and materially violates this Section. A court may
7award the prevailing party reasonable attorney's fees, costs,
8and expenses relating to that action.
9(Source: P.A. 99-438, eff. 1-1-16.)
10    Section 999. Effective date. This Act takes effect upon
11becoming law.