HB4694sam003 95TH GENERAL ASSEMBLY

Sen. Edward D. Maloney

Filed: 5/20/2008

09500HB4694sam003 LRB095 18761 LCT 51207 a

AMENDMENT TO HOUSE BILL 4694

AMENDMENT NO. ______. Amend House Bill 4694 on page 1, line 6, before "18d-126", by inserting "18d-116, 18d-117,"; and

on page 1, by replacing lines 14 through 17 with the following: "property by means of towing or otherwise, and thereafter relocating and"; and

on page 2, by inserting immediately above line 22 the following:

"(625 ILCS 5/18d-116 new)

Sec. 18d-116. Cab cards in vehicles.

(a) Each vehicle used by a commercial vehicle safety relocator in the removal of damaged or disabled vehicles from public or private property shall carry a current cab card issued by or under the authority of the Commission pursuant to registration issued by the Commission to the commercial vehicle safety relocator.

(b) The cab card shall be properly executed by the commercial vehicle safety relocator. The cab card shall be carried in the vehicle for which it was executed. The cab card shall be presented upon request to any authorized employee of the Commission, the State Police, or the Secretary of State.

(c) Cab cards shall be executed, carried, and presented no earlier than June 1 of the calendar year preceding the calendar year for which fees are owing, and no later than August 1 of the calendar year for which fees are owing, unless otherwise provided in Commission rules and orders.

(d) The provisions of this Section apply to vehicles used by a commercial vehicle safety relocator that are owned or leased.

(625 ILCS 5/18d-117 new)

Sec. 18d-117. Issuance of cab cards.

(a) Applications for cab cards shall be on forms prescribed by the Commission.

(b) At the time of annual registration, each commercial safety vehicle relocator shall list all vehicles that will be used to conduct safety relocation towing and the Commission shall issue, as part of the registration process, cab cards for each vehicle listed.

(c) Any other vehicle acquired or leased after the annual registration and used by a commercial safety vehicle relocator to tow damaged or disable vehicles, shall be issued a cab card upon receipt of a $5 fee per card.

(d) Cab cards issued by or under authority of the Commission shall expire automatically on June 30 of each year, or on such other date as the Commission may prescribe. It shall be the responsibility of each commercial vehicle safety relocator to ensure that the cab cards in all of its vehicles are current.

(e) Applications for cab cards may be filed with, and cards may be issued by, the Commission or its agent."; and

on page 4, by replacing lines 17 through 21 with the following:

"towing;

(2) towing authorized by a pre-existing written contract establishing a predetermined cost of all relocation, storage, and any other fees that the commercial vehicle safety relocator will charge for its services. A copy of the pre-existing written contract shall be available for review by law enforcement and carried in all vehicles executing a damaged or disabled vehicle tow that is subject to this exemption;

(3) towing pursuant to a service agreement between a motor club or dealership and the vehicle owner or operator of the damaged or disabled vehicle; or

(4) towing conducted as a result of a vehicle manufacturer's warranty service.".