Sen. William R. Haine

Filed: 4/20/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 2261, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 1. Short Title. This Act may be cited as the
6Statewide Relocation Towing Licensure Commission Act.
7    Section 5. The Statewide Relocation Towing Licensure
9    (a) There is hereby created the Statewide Relocation Towing
10Licensure Commission.
11    (b) Within 60 days after the effective date of this Act,
12the members of the Commission shall be appointed with the
13following members:
14        (1) one member of the General Assembly, appointed by
15    the President of the Senate;
16        (2) one member of the General Assembly, appointed by



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1    the Minority Leader of the Senate;
2        (3) one member of the General Assembly, appointed by
3    the Speaker of the House of Representatives;
4        (4) one member of the General Assembly, appointed by
5    the Minority Leader of the House of Representatives;
6        (5) the Mayor of the City of Chicago, or his or her
7    designee;
8        (6) the Secretary of Transportation, or his or her
9    designee;
10        (7) the Director of State Police, or his or her
11    designee;
12        (8) two members of the public who represent the towing
13    industry, appointed by the President of the Professional
14    Towing and Recovery Operators of Illinois;
15        (9) two members of the public who represent the
16    property casualty insurance industry, appointed by the
17    Executive Director of the Illinois Insurance Association;
18        (10) the President of the Illinois Municipal League, or
19    his or her designee;
20        (11) the President of the Illinois Sheriff's
21    Association, or his or her designee;
22        (12) the Cook County State's Attorney, or his or her
23    designee;
24        (13) the Chairman of the Illinois Commerce Commission,
25    or his or her designee; and
26        (14) the President of the Northwest Municipal



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1    Conference, or his or her designee.
2    (c) The members of the Commission shall receive no
3compensation for serving as members of the Commission.
4    (d) The Illinois Commerce Commission shall provide
5administrative and other support to the Commission.
6    Section 10. Meetings.
7    (a) Each member of the Commission shall have voting rights
8and all actions and recommendations shall be approved by a
9simple majority vote of the members.
10    (b) The Commission shall meet no less than 3 times before
11the end of the calendar year in which this Act of the 99th
12General Assembly becomes effective.
13    (c) At the initial meeting, the Commission shall elect one
14member as a Chairperson, through a simple majority vote, who
15shall thereafter call any subsequent meetings.
16    Section 15. Reporting.
17    (a) No later than July 1, 2017, the Commission shall submit
18a report to the Governor and to the General Assembly, which
19shall include, but is not limited to:
20        (1) an evaluation of the current towing laws in this
21    State;
22        (2) a recommendation for an appropriate towing program
23    for this State;
24        (3) a review of all potential litigation costs for an



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1    owner of an impounded vehicle, a towing company, and a
2    county or municipality; and
3        (3) any other matters the Commission deems necessary.
4    Section 20. Repealer. This Act is repealed on January 1,
6    Section 105. The Illinois Vehicle Code is amended by
7changing Sections 11-208.7, 11-1303, 11-1431, 18d-120, and
818d-125 as follows:
9    (625 ILCS 5/11-208.7)
10    Sec. 11-208.7. Administrative fees and procedures for
11impounding vehicles for specified violations.
12    (a) Any county or municipality may, consistent with this
13Section, provide by ordinance procedures for the release of
14properly impounded vehicles and for the imposition of a
15reasonable administrative fee related to its administrative
16and processing costs associated with the investigation,
17arrest, and detention of an offender, or the removal,
18impoundment, storage, and release of the vehicle. The
19administrative fee imposed by the county or municipality may be
20in addition to any fees charged for the towing and storage of
21an impounded vehicle. The administrative fee shall be waived by
22the county or municipality upon verifiable proof that the
23vehicle was stolen at the time the vehicle was impounded.



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1    (b) An Any ordinance establishing procedures for the
2release of properly impounded vehicles under this Section may
3impose fees only for the following violations:
4        (1) operation or use of a motor vehicle in the
5    commission of, or in the attempt to commit, an offense for
6    which a motor vehicle may be seized and forfeited pursuant
7    to Section 36-1 of the Criminal Code of 2012; or
8        (2) driving under the influence of alcohol, another
9    drug or drugs, an intoxicating compound or compounds, or
10    any combination thereof, in violation of Section 11-501 of
11    this Code; or
12        (3) operation or use of a motor vehicle in the
13    commission of, or in the attempt to commit, a felony or in
14    violation of the Cannabis Control Act; or
15        (4) operation or use of a motor vehicle in the
16    commission of, or in the attempt to commit, an offense in
17    violation of the Illinois Controlled Substances Act; or
18        (5) operation or use of a motor vehicle in the
19    commission of, or in the attempt to commit, an offense in
20    violation of Section 24-1, 24-1.5, or 24-3.1 of the
21    Criminal Code of 1961 or the Criminal Code of 2012; or
22        (6) driving while a driver's license, permit, or
23    privilege to operate a motor vehicle is suspended or
24    revoked pursuant to Section 6-303 of this Code; except that
25    vehicles shall not be subjected to seizure or impoundment
26    if the suspension is for an unpaid citation (parking or



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1    moving) or due to failure to comply with emission testing;
2    or
3        (7) operation or use of a motor vehicle while
4    soliciting, possessing, or attempting to solicit or
5    possess cannabis or a controlled substance, as defined by
6    the Cannabis Control Act or the Illinois Controlled
7    Substances Act; or
8        (8) operation or use of a motor vehicle with an expired
9    driver's license, in violation of Section 6-101 of this
10    Code, if the period of expiration is greater than one year;
11    or
12        (9) operation or use of a motor vehicle without ever
13    having been issued a driver's license or permit, in
14    violation of Section 6-101 of this Code, or operating a
15    motor vehicle without ever having been issued a driver's
16    license or permit due to a person's age; or
17        (10) operation or use of a motor vehicle by a person
18    against whom a warrant has been issued by a circuit clerk
19    in Illinois for failing to answer charges that the driver
20    violated Section 6-101, 6-303, or 11-501 of this Code; or
21        (11) operation or use of a motor vehicle in the
22    commission of, or in the attempt to commit, an offense in
23    violation of Article 16 or 16A of the Criminal Code of 1961
24    or the Criminal Code of 2012; or
25        (12) operation or use of a motor vehicle in the
26    commission of, or in the attempt to commit, any other



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1    misdemeanor or felony offense in violation of the Criminal
2    Code of 1961 or the Criminal Code of 2012, when so provided
3    by local ordinance; or
4        (13) operation or use of a motor vehicle in violation
5    of Section 11-503 of this Code:
6            (A) while the vehicle is part of a funeral
7        procession; or
8            (B) in a manner that interferes with a funeral
9        procession; or .
10        (14) parking a vehicle in violation of Section
11    11-1301.3 or Section 11-1303 of this Code, or parking a
12    vehicle on a designated snow route or tow zone established
13    by a county or municipality.
14    (c) The following shall apply to any fees imposed for
15administrative and processing costs pursuant to subsection
17        (1) All administrative fees and towing and storage
18    charges shall be imposed on the registered owner of the
19    motor vehicle or the agents of that owner.
20        (2) The fees shall be in addition to (i) any other
21    penalties that may be assessed by a court of law for the
22    underlying violations; and (ii) any towing or storage fees,
23    or both, charged by the towing company.
24        (3) The fees shall be uniform for all similarly
25    situated vehicles.
26        (4) The fees shall be collected by and paid to the



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1    county or municipality imposing the fees.
2        (5) The towing or storage fees, or both, shall be
3    collected by and paid to the person, firm, or entity that
4    tows and stores the impounded vehicle.
5    (d) Any ordinance establishing procedures for the release
6of properly impounded vehicles under this Section shall provide
7for an opportunity for a hearing, as provided in subdivision
8(b)(4) of Section 11-208.3 of this Code, and for the release of
9the vehicle to the owner of record, lessee, or a lienholder of
10record upon payment of all administrative fees and towing and
11storage fees.
12    (e) Any ordinance establishing procedures for the
13impoundment and release of vehicles under this Section shall
14include the following provisions concerning notice of
16        (1) Whenever a police officer has cause to believe that
17    a motor vehicle is subject to impoundment, the officer
18    shall provide for the towing of the vehicle to a facility
19    authorized by the county or municipality.
20        (2) At the time the vehicle is towed, the county or
21    municipality shall notify or make a reasonable attempt to
22    notify the owner, lessee, or person identifying himself or
23    herself as the owner or lessee of the vehicle, or any
24    person who is found to be in control of the vehicle at the
25    time of the alleged offense, of the fact of the seizure,
26    and of the vehicle owner's or lessee's right to an



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1    administrative hearing.
2        (3) The county or municipality shall also provide
3    notice that the motor vehicle will remain impounded pending
4    the completion of an administrative hearing, unless the
5    owner or lessee of the vehicle or a lienholder posts with
6    the county or municipality a bond equal to the
7    administrative fee as provided by ordinance and pays for
8    all towing and storage charges.
9    (f) Any ordinance establishing procedures for the
10impoundment and release of vehicles under this Section shall
11include a provision providing that the registered owner or
12lessee of the vehicle and any lienholder of record shall be
13provided with a notice of hearing. The notice shall:
14        (1) be served upon the owner, lessee, and any
15    lienholder of record either by personal service or by first
16    class mail to the interested party's address as registered
17    with the Secretary of State;
18        (2) be served upon interested parties within 10 days
19    after a vehicle is impounded by the municipality; and
20        (3) contain the date, time, and location of the
21    administrative hearing. An initial hearing shall be
22    scheduled and convened no later than 45 days after the date
23    of the mailing of the notice of hearing.
24    (g) In addition to the requirements contained in
25subdivision (b)(4) of Section 11-208.3 of this Code relating to
26administrative hearings, any ordinance providing for the



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1impoundment and release of vehicles under this Section shall
2include the following requirements concerning administrative
4        (1) administrative hearings shall be conducted by a
5    hearing officer who is an attorney licensed to practice law
6    in this State for a minimum of 3 years;
7        (2) at the conclusion of the administrative hearing,
8    the hearing officer shall issue a written decision either
9    sustaining or overruling the vehicle impoundment;
10        (3) if the basis for the vehicle impoundment is
11    sustained by the administrative hearing officer, any
12    administrative fee posted to secure the release of the
13    vehicle shall be forfeited to the county or municipality;
14        (4) all final decisions of the administrative hearing
15    officer shall be subject to review under the provisions of
16    the Administrative Review Law, unless the county or
17    municipality allows in the enabling ordinance for direct
18    appeal to the circuit court having jurisdiction over the
19    county or municipality; and
20        (5) unless the administrative hearing officer
21    overturns the basis for the vehicle impoundment, no vehicle
22    shall be released to the owner, lessee, or lienholder of
23    record until all administrative fees and towing and storage
24    charges are paid; and .
25        (6) if the administrative hearing officer finds no
26    probable cause for vehicle impoundment, the county or



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1    municipality shall be liable to the registered owner or
2    lessee of the vehicle for the cost of storage fees and
3    reasonable attorney's fees; except for a home rule unit
4    that, on the effective date of this amendatory Act of the
5    99th General Assembly, owns and operates a towing facility
6    within its boundaries for the storage of towed vehicles and
7    owns and operates tow trucks or enters into a contract with
8    a third party vendor to operate tow trucks, the
9    administrative hearing officer shall not award attorney's
10    fees if the reason for vehicle impoundment is a parking
11    violation under Section 11-1301.3 or Section 11-1303 of
12    this Code or parking a vehicle on a designated snow route
13    or tow zone in violation of a county or municipal
14    ordinance.
15    (h) Vehicles not retrieved from the towing facility or
16storage facility within 35 days after the administrative
17hearing officer issues a written decision shall be deemed
18abandoned and disposed of in accordance with the provisions of
19Article II of Chapter 4 of this Code.
20    (i) Unless stayed by a court of competent jurisdiction, any
21fine, penalty, or administrative fee imposed under this Section
22which remains unpaid in whole or in part after the expiration
23of the deadline for seeking judicial review under the
24Administrative Review Law may be enforced in the same manner as
25a judgment entered by a court of competent jurisdiction.
26    (j) Except as provided in subsection (k) of this Section, a



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1home rule unit may not regulate the administrative fees and
2procedures for impounding vehicles in a manner inconsistent
3with this Section. This subsection (j) is a denial and
4limitation of home rule powers and functions under subsection
5(h) of Section 6 of Article VII of the Illinois Constitution.
6    (k) The fee limits and provisions in paragraph (6) of
7subsection (b) and paragraph (6) of Section (g) of this Section
8shall not apply to a home rule unit that tows a vehicle on a
9public way if a circumstance requires the towing of the vehicle
10or if the vehicle is towed due to a violation of a statute or
11local ordinance, and the home rule unit:
12        (1) owns and operates a towing facility within its
13    boundaries for the storage of towed vehicles; and
14        (2) owns and operates tow trucks or enters into a
15    contract with a third party vendor to operate tow trucks.
16(Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13;
1798-518, eff. 8-22-13; 98-734, eff. 1-1-15; 98-756, eff.
19    (625 ILCS 5/11-1303)  (from Ch. 95 1/2, par. 11-1303)
20    Sec. 11-1303. Stopping, standing or parking prohibited in
21specified places.
22    (a) Except when necessary to avoid conflict with other
23traffic, or in compliance with law or the directions of a
24police officer or official traffic-control device, no person



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1        1. Stop, stand or park a vehicle:
2            a. On the roadway side of any vehicle stopped or
3        parked at the edge or curb of a street;
4            b. On a sidewalk;
5            c. Within an intersection;
6            d. On a crosswalk;
7            e. Between a safety zone and the adjacent curb or
8        within 30 feet of points on the curb immediately
9        opposite the ends of a safety zone, unless a different
10        length is indicated by signs or markings;
11            f. Alongside or opposite any street excavation or
12        obstruction when stopping, standing or parking would
13        obstruct traffic;
14            g. Upon any bridge or other elevated structure upon
15        a highway or within a highway tunnel, including, but
16        not limited to, a viaduct or an underpass;
17            h. On any railroad tracks. A violation of any part
18        of this subparagraph h. shall result in a mandatory
19        fine of $500 or 50 hours of community service.
20            i. At any place where official signs prohibit
21        stopping;
22            j. On any controlled-access highway;
23            k. In the area between roadways of a divided
24        highway, including crossovers;
25            l. In a public parking area if the vehicle does not
26        display a current annual registration sticker or



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1        current temporary permit pending registration.
2        2. Stand or park a vehicle, whether occupied or not,
3    except momentarily to pick up or discharge passengers:
4            a. In front of a public or private driveway;
5            b. Within 15 feet of a fire hydrant;
6            c. Within 20 feet of a crosswalk at an
7        intersection;
8            d. Within 30 feet upon the approach to any flashing
9        signal, stop sign, yield sign, or traffic control
10        signal located at the side of a roadway;
11            e. Within 20 feet of the driveway entrance to any
12        fire station and on the side of a street opposite the
13        entrance to any fire station within 75 feet of such
14        entrance (when properly sign-posted);
15            f. At any place where official signs prohibit
16        standing.
17        3. Park a vehicle, whether occupied or not, except
18    temporarily for the purpose of and while actually engaged
19    in loading or unloading property or passengers:
20            a. Within 50 feet of the nearest rail of a railroad
21        crossing;
22            b. At any place where official signs prohibit
23        parking; .
24            c. On a parkway; or
25            d. On a bicycle path or lane.
26    (b) No person shall move a vehicle not lawfully under his



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1control into any such prohibited area or away from a curb such
2distance as is unlawful.
3(Source: P.A. 89-245, eff. 1-1-96; 89-658, eff. 1-1-97.)
4    (625 ILCS 5/11-1431)
5    Sec. 11-1431. Solicitations at accident or disablement
6scene prohibited.
7    (a) A tower, as defined by Section 1-205.2 of this Code, or
8an employee or agent of a tower may not: (i) stop at the scene
9of a motor vehicle accident or at or near a damaged or disabled
10vehicle for the purpose of soliciting the owner or operator of
11the damaged or disabled vehicle to enter into a towing service
12transaction; or (ii) stop at the scene of an accident or at or
13near a damaged or disabled vehicle unless called to the
14location by a law enforcement officer, the Illinois Department
15of Transportation, the Illinois State Toll Highway Authority, a
16local agency having jurisdiction over the highway, or the owner
17or operator of the damaged or disabled vehicle, or the owner or
18operator's authorized agent, including his or her insurer or
19motor club of which the owner or operator is a member. This
20Section shall not apply to employees of the Department, the
21Illinois State Toll Highway Authority, or local agencies when
22engaged in their official duties. Nothing in this Section shall
23prevent a tower from stopping at the scene of a motor vehicle
24accident or at or near a damaged or disabled vehicle if the
25owner or operator signals the tower for assistance from the



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1location of the motor vehicle accident or damaged or disabled
3    (b) A person or company who violates this Section is guilty
4of a Class 4 felony business offense and shall be required to
5pay a fine of more than $500, but not more than $1,000. A
6person convicted of violating this Section shall also have his
7or her driver's license, permit, or privileges suspended for 3
8months. After the expiration of the 3 month suspension, the
9person's driver's license, permit, or privileges shall not be
10reinstated until he or she has paid a reinstatement fee of
11$100. If a person violates this Section while his or her
12driver's license, permit, or privileges are suspended under
13this subsection (b), his or her driver's license, permit, or
14privileges shall be suspended for an additional 6 months, and
15shall not be reinstated after the expiration of the 6 month
16suspension until he or she pays a reinstatement fee of $100.
17(Source: P.A. 99-438, eff. 1-1-16.)
18    (625 ILCS 5/18d-120)
19    Sec. 18d-120. Disclosure to vehicle owner or operator
20before towing of damaged or disabled vehicle commences.
21    (a) A commercial vehicle safety relocator shall not
22commence the towing of a damaged or disabled vehicle without
23specific authorization from the vehicle owner or operator after
24the disclosures set forth in this Section.
25    (b) Every commercial vehicle safety relocator shall,



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1before towing a damaged or disabled vehicle, give to each
2vehicle owner or operator a written disclosure providing:
3        (1) The formal business name of the commercial vehicle
4    safety relocator, as registered with the Illinois
5    Secretary of State, and its business address and telephone
6    number.
7        (2) The address of the location to which the vehicle
8    shall be relocated.
9        (3) The cost of all relocation, storage, and any other
10    fees, without limitation, that the commercial vehicle
11    safety relocator will charge for its services.
12        (4) An itemized description of the vehicle owner or
13    operator's rights under this Code, as follows:
14    "As a customer, you also have the following rights under
15Illinois law:
16        (1) This written disclosure must be provided to you
17    before your vehicle is towed, providing the business name,
18    business address, address where the vehicle will be towed,
19    and a reliable telephone number;
20        (2) Before towing, you must be advised of the price of
21    all services;
22        (3) Upon your demand, a final invoice itemizing all
23    charges, as well as any damage to the vehicle upon its
24    receipt and return to you, must be provided;
25        (4) Upon your demand, your vehicle must be returned
26    during business hours, upon your prompt payment of all



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1    reasonable fees;
2        (5) You have the right to pay all charges in cash or by
3    major credit card;
4        (6) Upon your demand, you must be provided with proof
5    of the existence of mandatory insurance insuring against
6    all risks associated with the transportation and storage of
7    your vehicle."
8    (c) The commercial vehicle safety relocator shall provide a
9copy of the completed disclosure required by this Section to
10the vehicle owner or operator, before towing the damaged or
11disabled vehicle, and shall maintain an identical copy of the
12completed disclosure in its records for a minimum of 5 years
13after the transaction concludes.
14    (d) If the vehicle owner or operator is incapacitated,
15incompetent, or otherwise unable to knowingly accept receipt of
16the disclosure described in this Section, the commercial
17vehicle safety relocator shall provide a completed copy of the
18disclosure to local law enforcement and, if known, the vehicle
19owner or operator's automobile insurance company.
20    (e) If the commercial vehicle safety relocator fails to
21comply with the requirements of this Section, the commercial
22vehicle safety relocator shall be prohibited from seeking any
23compensation whatsoever from the vehicle owner or operator,
24including but not limited to any towing, storage, or other
25incidental fees. Furthermore, if the commercial vehicle safety
26relocator or operator fails to comply with the requirements of



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1this Section, any contracts entered into by the commercial
2vehicle safety relocator and the vehicle owner or operator
3shall be deemed null, void, and unenforceable. A vehicle owner,
4or his or her authorized agent or automobile insurer, may bring
5a claim against a commercial vehicle safety relocator 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. 95-562, eff. 7-1-08.)
10    (625 ILCS 5/18d-125)
11    Sec. 18d-125. Disclosures to vehicle owners or operators;
13    (a) Upon demand of the vehicle owner or operator, the
14commercial vehicle safety relocator shall provide an itemized
15final invoice that fairly and accurately documents the charges
16owed by the vehicle owner or operator for relocation of damaged
17or disabled vehicles. The final estimate or invoice shall
18accurately record in writing all of the items set forth in this
20    (b) The final invoice shall show the formal business name
21of the commercial vehicle safety relocator, as registered with
22the Illinois Secretary of State, its business address and
23telephone number, the date of the invoice, the odometer reading
24at the time the final invoice was prepared, the name of the
25vehicle owner or operator, and the description of the motor



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1vehicle, including the motor vehicle identification number. In
2addition, the invoice shall describe any modifications made to
3the vehicle by the commercial vehicle safety relocator, any
4observable damage to the vehicle upon its initial receipt by
5the commercial vehicle safety relocator, and any observable
6damage to the vehicle at the time of its release to the vehicle
7owner or operator. The invoice shall itemize any additional
8charges and include those charges in the total presented to the
9vehicle owner or operator.
10    (c) A legible copy of the invoice shall be given to the
11vehicle owner or operator, and a legible copy shall be retained
12by the commercial vehicle safety relocator for a period of 5
13years from the date of release of the vehicle. The copy may be
14retained in electronic format. Records may be stored at a
15separate location.
16    (d) Disclosure forms required in accordance with this
17Section 18d-120 must be approved by the Commission.
18(Source: P.A. 95-562, eff. 7-1-08.)
19    Section 999. Effective date. This Act takes effect upon
20becoming law.".