Illinois General Assembly - Bill Status for SB2261

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.

Replaces everything after the enacting clause. Creates the Statewide Relocation Towing Licensure Commission Act. Provides for appointment of the members of the Commission and meeting requirements. Provides that the Commission shall submit a report by July 1, 2017 evaluating current towing laws, recommending a towing program for this State, and reviewing potential litigation costs for an owner of an impounded vehicle, a towing company, and a county or municipality. Amends the Illinois Vehicle Code. Provides that a county or municipal 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, the county or municipality is liable to the registered owner or lessee of the vehicle for the cost of storage fees and reasonable attorney's fees. Provides that except for a home rule unit that 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 vehicle impoundment was for certain parking violations. Preempts home rule powers for the regulation of administrative fees and procedures for impounding vehicles. Provides that certain administrative fee limits and provisions relating to towing a vehicle on a public way do 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 statue or local ordinance, and the home rule unit owns and operates a towing facility and owns and operates 2 trucks or enters into a contract with a third party vendor to operate tow trucks. Prohibits stopping or parking a vehicle on a parkway or bicycle path or lane, except momentarily to pick up or discharge passengers. 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 Illinois 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, commits a Class 4 felony (rather than a business offense). 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. Effective immediately.

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.

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