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HB4694 Engrossed |
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LRB095 18761 LCT 44881 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing |
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| Sections 18d-105, 18d-115, and 18d-160 and by adding Sections |
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| 18d-126, 18d-185, and 18d-190, and 18d-195 as follows: |
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| (625 ILCS 5/18d-105) |
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| (This Section may contain text from a Public Act with a |
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| delayed effective date )
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| Sec. 18d-105. Definitions. As used in this Chapter: |
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| (1) "Commercial vehicle safety relocator" or "safety |
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| relocator" means any person or entity engaged in the business |
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| of removing damaged or disabled vehicles from public or private |
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| property by means of towing or otherwise ; however, the term |
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| "commercial vehicle safety relocator" or the term "safety |
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| relocator" does not include a person or entity licensed under |
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| Section 5-101 of this Code , and thereafter relocating and |
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| storing such vehicles . |
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| (2) "Commission" means the Illinois Commerce Commission.
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| (Source: P.A. 95-562, eff. 7-1-08.) |
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| (625 ILCS 5/18d-115) |
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| (This Section may contain text from a Public Act with a |
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HB4694 Engrossed |
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LRB095 18761 LCT 44881 b |
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| delayed effective date )
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| Sec. 18d-115. It shall be unlawful for any commercial |
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| vehicle safety relocator to operate in any county in which this |
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| Chapter is applicable without a valid, current safety |
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| relocator's registration certificate issued by the Illinois |
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| Commerce Commission. The Illinois Commerce Commission shall |
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| issue safety relocator's registration certificates in |
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| accordance with administrative rules adopted by the |
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| Commission. The annual registration fee payable to the |
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| Commission shall be $800 for a safety relocator operating only |
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| 1 tow truck, $1,200 for a safety relocator operating at least 2 |
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| but not more than 3 tow trucks, $1,800 for a safety relocator |
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| operating at least 4 but not more than 6 tow trucks, $2,400 for |
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| a safety relocator operating at least 7 but not more than 8 tow |
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| trucks, and $3,200 for a safety relocator operating 9 or more |
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| tow trucks. The Commission may, at any time during the term of |
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| the registration certificate, make inquiry, into the |
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| licensee's management or conduct of business or otherwise, to |
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| determine that the provisions of this Chapter and the rules of |
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| the Commission adopted under this Chapter are being observed.
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| (Source: P.A. 95-562, eff. 7-1-08.) |
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| (625 ILCS 5/18d-126 new)
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| Sec. 18d-126. Disclosures to persons other than vehicle |
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| owner or operator. An authorization to tow a damaged or |
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| disabled vehicle may be made by a person other than the
vehicle |
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LRB095 18761 LCT 44881 b |
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| owner or operator if the disclosures required by Sections |
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| 18d-120 and 18d-125 of this
Chapter are provided to the third |
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| party authorizer. |
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| (625 ILCS 5/18d-160) |
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| (This Section may contain text from a Public Act with a |
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| delayed effective date )
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| Sec. 18d-160. Unlawful practice. Any commercial vehicle
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| safety relocator engaged in the relocation or storage of
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| damaged or disabled vehicles who fails to comply with Sections
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| 18d-115, 18d-120, 18d-125, 18d-130, 18d-135, or 18d-150 , or |
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| 18d-185 of this Code
commits an unlawful practice within the |
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| meaning of the Consumer
Fraud and Deceptive Business Practices |
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| Act.
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| (Source: P.A. 95-562, eff. 7-1-08.) |
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| (625 ILCS 5/18d-185 new) |
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| Sec. 18d-185. Solicitation at the scene of an accident or |
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| disablement. No safety relocator, tow truck operator, or |
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| employee or agent of a safety relocator or tow truck operator |
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| shall: (i) respond to the scene of a police investigation |
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| unless called by the police or the owner or operator of a |
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| damaged or disabled vehicle; (ii) stop at the scene of an |
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| accident or at or near a damaged or disabled vehicle for the |
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| purpose of soliciting an engagement for towing service; or |
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| (iii) stop at the scene of an accident or at or near a damaged |
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HB4694 Engrossed |
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LRB095 18761 LCT 44881 b |
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| or disabled vehicle unless called to such location by the |
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| police or the owner or operator of a damaged or disabled |
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| vehicle. |
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| (625 ILCS 5/18d-190 new) |
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| Sec. 18d-190. Exemptions. The provisions of this Chapter do |
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| not apply to: |
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| (1) towing authorized by a law enforcement agency or |
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| officer, as evidenced by a tow sheet issued by the law |
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| enforcement agency or officer, or, if no tow sheet was |
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| issued by the authorizing law enforcement agency or |
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| officer, then evidenced by records of the safety relocator |
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| showing the
date and time of authorization, the department |
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| or star or badge number of the officer from whom |
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| authorization was received, and the incident report number |
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| assigned by the law enforcement agency or officer, and |
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| storage and incidental services related to such police |
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| towing; or |
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| (2) towing authorized by a pre-existing written |
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| contract establishing a predetermined cost of all |
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| relocation, storage, and any other fees that the commercial |
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| vehicle safety relocator will charge for its services. |
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| (625 ILCS 5/18d-195 new)
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| Sec. 18d-195. No authority to make or promulgate rules. |
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| Notwithstanding any other rulemaking authority that may exist, |
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HB4694 Engrossed |
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LRB095 18761 LCT 44881 b |
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| neither the Governor nor any agency or agency head under the |
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| jurisdiction of the Governor has any authority to make or |
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| promulgate rules to implement or enforce the provisions of this |
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| amendatory Act of the 95th General Assembly. If, however, the |
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| Governor believes that rules are necessary to implement or |
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| enforce the provisions of this amendatory Act of the 95th |
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| General Assembly, the Governor may suggest rules to the General |
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| Assembly by filing them with the Clerk of the House and |
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| Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this Section, "rules" is |
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| given the meaning contained in Section 1-70 of the Illinois |
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| Administrative Procedure Act, and "agency" and "agency head" |
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| are given the meanings contained in Sections 1-20 and 1-25 of |
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| the Illinois Administrative Procedure Act to the extent that |
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| such definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor.
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| Section 10. The Consumer Fraud and Deceptive Business |
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| Practices Act is amended by changing Section 2Z as follows:
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HB4694 Engrossed |
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LRB095 18761 LCT 44881 b |
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| (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
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| (Text of Section before amendment by P.A. 95-562 ) |
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| Sec. 2Z. Violations of other Acts. Any person who knowingly |
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| violates
the Automotive Repair Act, the Automotive Collision |
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| Repair Act,
the Home Repair and Remodeling Act,
the Dance |
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| Studio Act,
the Physical Fitness Services Act,
the Hearing |
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| Instrument Consumer Protection Act,
the Illinois Union Label |
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| Act,
the Job Referral and Job Listing Services Consumer |
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| Protection Act,
the Travel Promotion Consumer Protection Act,
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| the Credit Services Organizations Act,
the Automatic Telephone |
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| Dialers Act,
the Pay-Per-Call Services Consumer Protection |
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| Act,
the Telephone Solicitations Act,
the Illinois Funeral or |
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| Burial Funds Act,
the Cemetery Care Act,
the Safe and Hygienic |
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| Bed Act,
the Pre-Need Cemetery Sales Act,
the High Risk Home |
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| Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud |
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| Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax |
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| Act, the Payday Loan Reform Act, subsection
(a) or (b) of |
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| Section 3-10 of the Cigarette Use Tax Act, the Electronic
Mail |
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| Act, the Internet Caller Identification Act, paragraph (6)
of
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| subsection (k) of Section 6-305 of the Illinois Vehicle Code, |
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| Article 3 of the Residential Real Property Disclosure Act, the |
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| Automatic Contract Renewal Act, or the Personal Information |
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| Protection Act commits an unlawful practice within the meaning |
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| of this Act.
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| (Source: P.A. 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, |
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| eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07; 95-413, |
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HB4694 Engrossed |
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LRB095 18761 LCT 44881 b |
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| eff. 1-1-08.)
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| (Text of Section after amendment by P.A. 95-562 ) |
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| Sec. 2Z. Violations of other Acts. Any person who knowingly |
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| violates
the Automotive Repair Act, the Automotive Collision |
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| Repair Act,
the Home Repair and Remodeling Act,
the Dance |
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| Studio Act,
the Physical Fitness Services Act,
the Hearing |
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| Instrument Consumer Protection Act,
the Illinois Union Label |
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| Act,
the Job Referral and Job Listing Services Consumer |
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| Protection Act,
the Travel Promotion Consumer Protection Act,
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| the Credit Services Organizations Act,
the Automatic Telephone |
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| Dialers Act,
the Pay-Per-Call Services Consumer Protection |
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| Act,
the Telephone Solicitations Act,
the Illinois Funeral or |
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| Burial Funds Act,
the Cemetery Care Act,
the Safe and Hygienic |
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| Bed Act,
the Pre-Need Cemetery Sales Act,
the High Risk Home |
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| Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud |
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| Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax |
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| Act, the Payday Loan Reform Act, subsection
(a) or (b) of |
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| Section 3-10 of the Cigarette Use Tax Act, the Electronic
Mail |
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| Act, the Internet Caller Identification Act, paragraph (6)
of
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| subsection (k) of Section 6-305 of the Illinois Vehicle Code, |
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| Section 18d-115, 18d-120, 18d-125, 18d-135, or 18d-150 , or |
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| 18d-185 of the Illinois Vehicle Code, Article 3 of the |
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| Residential Real Property Disclosure Act, the Automatic |
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| Contract Renewal Act, or the Personal Information Protection |
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| Act commits an unlawful practice within the meaning of this |
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HB4694 Engrossed |
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LRB095 18761 LCT 44881 b |
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| Act.
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| Notwithstanding any other rulemaking authority that may |
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| exist, neither the Governor nor any agency or agency head under |
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| the jurisdiction of the Governor has any authority to make or |
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| promulgate rules to implement or enforce the provisions of this |
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| amendatory Act of the 95th General Assembly. If, however, the |
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| Governor believes that rules are necessary to implement or |
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| enforce the provisions of this amendatory Act of the 95th |
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| General Assembly, the Governor may suggest rules to the General |
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| Assembly by filing them with the Clerk of the House and |
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| Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this Section, "rules" is |
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| given the meaning contained in Section 1-70 of the Illinois |
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| Administrative Procedure Act, and "agency" and "agency head" |
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| are given the meanings contained in Sections 1-20 and 1-25 of |
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| the Illinois Administrative Procedure Act to the extent that |
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| such definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. |
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| (Source: P.A. 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, |
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| eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07; 95-413, |
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HB4694 Engrossed |
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LRB095 18761 LCT 44881 b |
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| eff. 1-1-08; 95-562, eff. 7-1-08; revised 10-17-07.)
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| Section 95. No acceleration or delay. Where this Act makes |
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| changes in a statute that is represented in this Act by text |
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| that is not yet or no longer in effect (for example, a Section |
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| represented by multiple versions), the use of that text does |
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| not accelerate or delay the taking effect of (i) the changes |
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| made by this Act or (ii) provisions derived from any other |
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| Public Act. |
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| Section 999. Effective date. This Act takes effect July 1, |
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| 2008. |