Full Text of SB0501 94th General Assembly
SB0501ham003 94TH GENERAL ASSEMBLY
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Rep. Robert Rita
Filed: 5/25/2005
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| AMENDMENT TO SENATE BILL 501
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| AMENDMENT NO. ______. Amend Senate Bill 501 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by | 5 |
| changing Sections 4-208 and 18a-300 as follows:
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| (625 ILCS 5/4-208) (from Ch. 95 1/2, par. 4-208)
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| Sec. 4-208. Disposal of unclaimed vehicles.
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| (a) In cities having a
population of more than 500,000, | 9 |
| whenever an abandoned, lost, stolen or
unclaimed vehicle, or | 10 |
| vehicle determined to be a hazardous dilapidated
motor vehicle | 11 |
| pursuant to Section 11-40-3.1 of the Illinois Municipal Code,
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| remains unclaimed by the registered owner, lienholder or other | 13 |
| legally
entitled person for a period of 18
15 days after notice | 14 |
| has been given under
Sections 4-205 and 4-206 of this Code, if | 15 |
| during that 18 days the possessor of the vehicle has sent an | 16 |
| additional notice by first class mail to the registered owner, | 17 |
| lienholder, or other legally entitled person, the vehicle shall | 18 |
| be disposed,
pursuant to the provisions of the "Municipal | 19 |
| purchasing act for cities of
500,000 or more population", to a | 20 |
| person licensed as an automotive parts
recycler, rebuilder or | 21 |
| scrap processor under Chapter 5 of this Code. With respect to | 22 |
| any vehicle that has been booted, impounded, or both in | 23 |
| accordance with subsection (c) of Section 11-208.3, a city with | 24 |
| a population over 500,000 may establish a program whereby the |
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| registered owner, lienholder, or other legally entitled person | 2 |
| is entitled to any proceeds from the disposition of the | 3 |
| vehicle, less any reasonable storage charges, administrative | 4 |
| fees, booting fees, towing fees, and parking and compliance | 5 |
| fines and penalties.
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| (b) Except as provided in Section 4-208 for cities with | 7 |
| more than
500,000 inhabitants, when an abandoned, lost, stolen | 8 |
| or unclaimed
vehicle 7 years of age or newer remains unclaimed | 9 |
| by the registered
owner, lienholder or other legally entitled | 10 |
| persons for a
period of 30 days after notice has been given as | 11 |
| provided in Sections 4-205
and 4-206 of this Code, the law | 12 |
| enforcement agency or towing service having
possession of the | 13 |
| vehicle shall cause it to be sold at public auction to a
person | 14 |
| licensed as an automotive parts recycler, rebuilder or scrap
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| processor under Chapter 5 of this Code or the towing operator | 16 |
| which towed
the vehicle. Notice of the time and place of the
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| sale shall be posted in a conspicuous place for at least 10 | 18 |
| days prior to
the sale on the premises where the vehicle has | 19 |
| been impounded. At least 10
days prior to the sale, the law | 20 |
| enforcement agency where the vehicle is
impounded, or the | 21 |
| towing service where the vehicle is impounded, shall
cause a | 22 |
| notice of the time and place of the sale to be sent by | 23 |
| certified
mail to the registered owner, lienholder, or other | 24 |
| legally entitled persons. Notice as provided in Sections 4-205 | 25 |
| and 4-206 of this Code and as
provided in this subsection (b) | 26 |
| shall state the time and place of
sale and shall
contain a | 27 |
| complete description
of the vehicle to be sold and what steps | 28 |
| must be taken by any legally
entitled person to reclaim the | 29 |
| vehicle.
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| (c) If an abandoned, lost, stolen, or unclaimed vehicle | 31 |
| displays dealer
plates, notice under this Section and Section | 32 |
| 4-209 of this Code shall be sent
to both the dealer and the | 33 |
| registered owner, lienholder, or other legally
entitled | 34 |
| persons.
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| (d) In those instances where the certified notification | 2 |
| specified in
Sections 4-205 and 4-206 of this Code has been | 3 |
| returned by the postal
authorities to the law enforcement | 4 |
| agency or towing service, the sending of a second
certified | 5 |
| notice will not be required.
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| (Source: P.A. 89-433, eff. 12-15-95; 90-330, eff. 8-8-97.)
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| (625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
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| Sec. 18a-300. Commercial vehicle relocators - Unlawful | 9 |
| practices. It
shall be unlawful for any commercial vehicle | 10 |
| relocator:
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| (1) To operate in any county in which this Chapter is | 12 |
| applicable
without a valid, current relocator's license as | 13 |
| provided in Article IV
of this Chapter;
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| (2) To employ as an operator, or otherwise so use the | 15 |
| services of,
any person who does not have at the commencement | 16 |
| of employment or
service, or at any time during the course of | 17 |
| employment or service, a
valid, current operator's employment | 18 |
| permit, or temporary operator's
employment permit issued in | 19 |
| accordance with Sections 18a-403 or 18a-405
of this Chapter; or | 20 |
| to fail to notify the Commission, in writing, of any
known | 21 |
| criminal conviction of any employee occurring at any time | 22 |
| before
or during the course of employment or service;
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| (3) To employ as a dispatcher, or otherwise so use the | 24 |
| services of, any
person who does not have at the commencement | 25 |
| of employment or service, or
at any time during the course of | 26 |
| employment or service, a valid, current
dispatcher's or | 27 |
| operator's employment permit or temporary dispatcher's or
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| operator's employment permit issued in accordance with | 29 |
| Sections 18a-403 or
18a-407 of this Chapter; or to fail to | 30 |
| notify the Commission, in writing,
of any known criminal | 31 |
| conviction of any employee occurring at any time
before or | 32 |
| during the course of employment or service;
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| (4) To operate upon the highways of this State any vehicle |
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| used in
connection with any commercial vehicle relocation | 2 |
| service unless:
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| (A) There is painted or firmly affixed to the vehicle | 4 |
| on both sides of the
vehicle in a color or colors vividly | 5 |
| contrasting to the color of the vehicle
the name, address | 6 |
| and telephone number of the relocator.
The Commission shall | 7 |
| prescribe reasonable rules and regulations
pertaining to | 8 |
| insignia to be painted or firmly affixed to vehicles and
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| shall waive the requirements of the address on any vehicle | 10 |
| in cases
where the operator of a vehicle has painted or | 11 |
| otherwise firmly affixed
to the vehicle a seal or trade | 12 |
| mark that clearly identifies the
operator of the vehicle; | 13 |
| and
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| (B) There is carried in the power unit of the vehicle a | 15 |
| certified
copy of the currently effective relocator's | 16 |
| license and operator's
employment permit. Copies may be | 17 |
| photographed, photocopied, or reproduced
or printed by any | 18 |
| other legible and durable process. Any person guilty of
not | 19 |
| causing to be displayed a copy of his relocator's license | 20 |
| and
operator's employment permit may in any hearing | 21 |
| concerning the violation
be excused from the payment of the | 22 |
| penalty hereinafter provided upon a
showing that the | 23 |
| license was issued by the Commission, but was
subsequently | 24 |
| lost or destroyed;
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| (5) To operate upon the highways of this State any vehicle | 26 |
| used in
connection with any commercial vehicle relocation | 27 |
| service that bears the
name or address and telephone number of | 28 |
| any person or entity other than
the relocator by which it is | 29 |
| owned or to which it is leased;
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| (6) To advertise in any newspaper, book, list, classified | 31 |
| directory
or other publication unless there is contained in the | 32 |
| advertisement the
license number of the relocator;
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| (7) To remove any vehicle from private property without | 34 |
| having first
obtained the written authorization of the property |
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| owner or other person
in lawful possession or control of the | 2 |
| property, his authorized agent,
or an authorized law | 3 |
| enforcement officer. The authorization may be on
a contractual | 4 |
| basis covering a period of time or limited to a specific
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| removal;
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| (8) To charge the private property owner, who requested | 7 |
| that an
unauthorized vehicle be removed from his property, with | 8 |
| the costs of
removing the vehicle contrary to any terms that | 9 |
| may be a part of the
contract between the property owner and | 10 |
| the commercial relocator.
Nothing in this paragraph shall | 11 |
| prevent a relocator from assessing,
collecting, or receiving | 12 |
| from the property owner, lessee, or their agents
any fee | 13 |
| prescribed by the Commission;
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| (9) To remove a vehicle when the owner or operator of the | 15 |
| vehicle
is present or arrives at the vehicle location at any | 16 |
| time prior to the
completion of removal, and is willing and | 17 |
| able to remove the vehicle
immediately;
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| (10) To remove any vehicle from property on which signs are | 19 |
| required
and on which there are not posted appropriate signs | 20 |
| under Section
18a-302;
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| (11) To fail to notify law enforcement authorities in the
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| jurisdiction in which the trespassing vehicle was removed | 23 |
| within one
hour of the removal. Notification shall include a | 24 |
| complete description
of the vehicle, registration numbers if | 25 |
| possible, the locations from
which and to which the vehicle was | 26 |
| removed, the time of removal, and any
other information | 27 |
| required by regulation, statute or ordinance;
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| (12) To impose any charge other than in accordance with the | 29 |
| rates set by the
Commission as provided in paragraph (6) of | 30 |
| Section 18a-200 of this Chapter;
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| (13) To fail, in the office or location at which relocated | 32 |
| vehicles
are routinely returned to their owners, to prominently | 33 |
| post the name,
address and telephone number of the nearest | 34 |
| office of the Commission to
which inquiries or complaints may |
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| be sent;
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| (13.1) To fail to distribute to each owner or operator of a | 3 |
| relocated
vehicle, in written form as prescribed by Commission | 4 |
| rule or regulation, the
relevant statutes, regulations and | 5 |
| ordinances governing commercial vehicle
relocators, including, | 6 |
| in at least 12 point boldface type, the name, address
and | 7 |
| telephone number of the nearest office of the Commission to | 8 |
| which inquiries
or complaints may be sent;
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| (13.2) To fail, in the office or location at which | 10 |
| relocated vehicles
are routinely returned to their owners, to | 11 |
| ensure that the relocator's representative provides suitable | 12 |
| evidence of his or her identity to the owners of relocated | 13 |
| vehicles upon request;
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| (14) To remove any vehicle, otherwise in accordance with | 15 |
| this Chapter,
more than 15 air miles from its location when | 16 |
| towed from a location in an
unincorporated area of a county or | 17 |
| more than 10 air miles from its location
when towed from any | 18 |
| other location;
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| (15) To fail to make a telephone number available to the | 20 |
| police department
of any municipality in which a relocator | 21 |
| operates at which the relocator
or an employee of the relocator | 22 |
| may be contacted at any time during the
hours in which the | 23 |
| relocator is engaged in the towing of vehicles, or
advertised | 24 |
| as engaged in the towing of vehicles, for the purpose of
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| effectuating the release of a towed vehicle; or to fail to | 26 |
| include the
telephone number in any advertisement of the | 27 |
| relocator's services published
or otherwise appearing on or | 28 |
| after the effective date of this amendatory
Act; or to fail to | 29 |
| have an employee available at any time on the
premises owned or | 30 |
| controlled by the relocator for the purposes of arranging
for | 31 |
| the immediate release of the vehicle.
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| Apart from any other penalty or liability authorized under | 33 |
| this Act, if
after a reasonable effort, the owner of the | 34 |
| vehicle is unable to make telephone
contact with the relocator |
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| for a period of one hour from his initial attempt
during any | 2 |
| time period in which the relocator is required to respond at
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| the number, all fees for towing, storage, or otherwise are to | 4 |
| be waived. Proof
of 3 attempted phone calls to the number | 5 |
| provided to the police department
by an officer or employee of | 6 |
| the department on behalf of the vehicle owner
within the space | 7 |
| of one hour, at least 2 of which are separated by 45 minutes,
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| shall be deemed sufficient proof of the owner's reasonable | 9 |
| effort to make
contact with the vehicle relocator. Failure of | 10 |
| the relocator to respond to
the phone calls is not a criminal | 11 |
| violation of this Chapter;
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| (16) To use equipment which the relocator does not own, | 13 |
| except in
compliance with Section 18a-306 of this Chapter and | 14 |
| Commission regulations.
No equipment can be leased to more than | 15 |
| one relocator at any time.
Equipment leases shall be filed with | 16 |
| the Commission. If equipment is leased
to one relocator, it | 17 |
| cannot thereafter be leased to another relocator until
a | 18 |
| written cancellation of lease is properly filed with the | 19 |
| Commission;
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| (17) To use drivers or other personnel who are not | 21 |
| employees or
contractors of the relocator;
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| (18) To fail to refund any amount charged in excess of the | 23 |
| reasonable
rate established by the Commission;
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| (19) To violate any other provision of this Chapter, or of | 25 |
| Commission
regulations or orders adopted under this Chapter.
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| (Source: P.A. 88-448 .)".
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