Illinois General Assembly - Full Text of SB2261
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Full Text of SB2261  99th General Assembly




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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short Title. This Act may be cited as the
5Statewide Relocation Towing Licensure Commission Act.
6    Section 5. The Statewide Relocation Towing Licensure
8    (a) There is hereby created the Statewide Relocation Towing
9Licensure Commission.
10    (b) Within 60 days after the effective date of this Act,
11the members of the Commission shall be appointed with the
12following members:
13        (1) one member of the General Assembly, appointed by
14    the President of the Senate;
15        (2) one member of the General Assembly, appointed by
16    the Minority Leader of the Senate;
17        (3) one member of the General Assembly, appointed by
18    the Speaker of the House of Representatives;
19        (4) one member of the General Assembly, appointed by
20    the Minority Leader of the House of Representatives;
21        (5) the Mayor of the City of Chicago, or his or her
22    designee;
23        (6) the Secretary of Transportation, or his or her



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1    designee;
2        (7) the Director of State Police, or his or her
3    designee;
4        (8) two members of the public who represent the towing
5    industry, appointed by the President of the Professional
6    Towing and Recovery Operators of Illinois;
7        (9) two members of the public who represent the
8    property casualty insurance industry, appointed by the
9    Executive Director of the Illinois Insurance Association;
10        (10) the President of the Illinois Municipal League, or
11    his or her designee;
12        (11) the President of the Illinois Sheriffs'
13    Association, or his or her designee;
14        (12) the Cook County State's Attorney, or his or her
15    designee;
16        (13) the Chairman of the Illinois Commerce Commission,
17    or his or her designee; and
18        (14) the President of the Northwest Municipal
19    Conference, or his or her designee.
20    (c) The members of the Commission shall receive no
21compensation for serving as members of the Commission.
22    (d) The Illinois Commerce Commission shall provide
23administrative and other support to the Commission.
24    Section 10. Meetings.
25    (a) Each member of the Commission shall have voting rights



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1and all actions and recommendations shall be approved by a
2simple majority vote of the members.
3    (b) The Commission shall meet no less than 3 times before
4the end of the calendar year in which this Act of the 99th
5General Assembly becomes effective.
6    (c) At the initial meeting, the Commission shall elect one
7member as a Chairperson, through a simple majority vote, who
8shall thereafter call any subsequent meetings.
9    Section 15. Reporting.
10    (a) No later than July 1, 2017, the Commission shall submit
11a report to the Governor and to the General Assembly, which
12shall include, but is not limited to:
13        (1) an evaluation of the current towing laws in this
14    State;
15        (2) a recommendation for an appropriate towing program
16    for this State;
17        (3) a review of all potential litigation costs for an
18    owner of an impounded vehicle, a towing company, and a
19    county or municipality; and
20        (3) any other matters the Commission deems necessary.
21    Section 20. Repealer. This Act is repealed on January 1,
23    Section 105. The Illinois Vehicle Code is amended by



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1changing Sections 11-208.7, 11-1303, 11-1431, 18d-120, and
218d-125 as follows:
3    (625 ILCS 5/11-208.7)
4    Sec. 11-208.7. Administrative fees and procedures for
5impounding vehicles for specified violations.
6    (a) Any county or municipality may, consistent with this
7Section, provide by ordinance procedures for the release of
8properly impounded vehicles and for the imposition of a
9reasonable administrative fee related to its administrative
10and processing costs associated with the investigation,
11arrest, and detention of an offender, or the removal,
12impoundment, storage, and release of the vehicle. The
13administrative fee imposed by the county or municipality may be
14in addition to any fees charged for the towing and storage of
15an impounded vehicle. The administrative fee shall be waived by
16the county or municipality upon verifiable proof that the
17vehicle was stolen at the time the vehicle was impounded.
18    (b) An Any ordinance establishing procedures for the
19release of properly impounded vehicles under this Section may
20impose fees only for the following violations:
21        (1) operation or use of a motor vehicle in the
22    commission of, or in the attempt to commit, an offense for
23    which a motor vehicle may be seized and forfeited pursuant
24    to Section 36-1 of the Criminal Code of 2012; or
25        (2) driving under the influence of alcohol, another



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1    drug or drugs, an intoxicating compound or compounds, or
2    any combination thereof, in violation of Section 11-501 of
3    this Code; or
4        (3) operation or use of a motor vehicle in the
5    commission of, or in the attempt to commit, a felony or in
6    violation of the Cannabis Control Act; or
7        (4) operation or use of a motor vehicle in the
8    commission of, or in the attempt to commit, an offense in
9    violation of the Illinois Controlled Substances Act; or
10        (5) operation or use of a motor vehicle in the
11    commission of, or in the attempt to commit, an offense in
12    violation of Section 24-1, 24-1.5, or 24-3.1 of the
13    Criminal Code of 1961 or the Criminal Code of 2012; or
14        (6) driving while a driver's license, permit, or
15    privilege to operate a motor vehicle is suspended or
16    revoked pursuant to Section 6-303 of this Code; except that
17    vehicles shall not be subjected to seizure or impoundment
18    if the suspension is for an unpaid citation (parking or
19    moving) or due to failure to comply with emission testing;
20    or
21        (7) operation or use of a motor vehicle while
22    soliciting, possessing, or attempting to solicit or
23    possess cannabis or a controlled substance, as defined by
24    the Cannabis Control Act or the Illinois Controlled
25    Substances Act; or
26        (8) operation or use of a motor vehicle with an expired



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1    driver's license, in violation of Section 6-101 of this
2    Code, if the period of expiration is greater than one year;
3    or
4        (9) operation or use of a motor vehicle without ever
5    having been issued a driver's license or permit, in
6    violation of Section 6-101 of this Code, or operating a
7    motor vehicle without ever having been issued a driver's
8    license or permit due to a person's age; or
9        (10) operation or use of a motor vehicle by a person
10    against whom a warrant has been issued by a circuit clerk
11    in Illinois for failing to answer charges that the driver
12    violated Section 6-101, 6-303, or 11-501 of this Code; or
13        (11) operation or use of a motor vehicle in the
14    commission of, or in the attempt to commit, an offense in
15    violation of Article 16 or 16A of the Criminal Code of 1961
16    or the Criminal Code of 2012; or
17        (12) operation or use of a motor vehicle in the
18    commission of, or in the attempt to commit, any other
19    misdemeanor or felony offense in violation of the Criminal
20    Code of 1961 or the Criminal Code of 2012, when so provided
21    by local ordinance; or
22        (13) operation or use of a motor vehicle in violation
23    of Section 11-503 of this Code:
24            (A) while the vehicle is part of a funeral
25        procession; or
26            (B) in a manner that interferes with a funeral



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1        procession; or .
2        (14) parking a vehicle in violation of Section
3    11-1301.3 or Section 11-1303 of this Code, or parking a
4    vehicle on a designated snow route or tow zone established
5    by a county or municipality.
6    (c) The following shall apply to any fees imposed for
7administrative and processing costs pursuant to subsection
9        (1) All administrative fees and towing and storage
10    charges shall be imposed on the registered owner of the
11    motor vehicle or the agents of that owner.
12        (2) The fees shall be in addition to (i) any other
13    penalties that may be assessed by a court of law for the
14    underlying violations; and (ii) any towing or storage fees,
15    or both, charged by the towing company.
16        (3) The fees shall be uniform for all similarly
17    situated vehicles.
18        (4) The fees shall be collected by and paid to the
19    county or municipality imposing the fees.
20        (5) The towing or storage fees, or both, shall be
21    collected by and paid to the person, firm, or entity that
22    tows and stores the impounded vehicle.
23    (d) Any ordinance establishing procedures for the release
24of properly impounded vehicles under this Section shall provide
25for an opportunity for a hearing, as provided in subdivision
26(b)(4) of Section 11-208.3 of this Code, and for the release of



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1the vehicle to the owner of record, lessee, or a lienholder of
2record upon payment of all administrative fees and towing and
3storage fees.
4    (e) Any ordinance establishing procedures for the
5impoundment and release of vehicles under this Section shall
6include the following provisions concerning notice of
8        (1) Whenever a police officer has cause to believe that
9    a motor vehicle is subject to impoundment, the officer
10    shall provide for the towing of the vehicle to a facility
11    authorized by the county or municipality.
12        (2) At the time the vehicle is towed, the county or
13    municipality shall notify or make a reasonable attempt to
14    notify the owner, lessee, or person identifying himself or
15    herself as the owner or lessee of the vehicle, or any
16    person who is found to be in control of the vehicle at the
17    time of the alleged offense, of the fact of the seizure,
18    and of the vehicle owner's or lessee's right to an
19    administrative hearing.
20        (3) The county or municipality shall also provide
21    notice that the motor vehicle will remain impounded pending
22    the completion of an administrative hearing, unless the
23    owner or lessee of the vehicle or a lienholder posts with
24    the county or municipality a bond equal to the
25    administrative fee as provided by ordinance and pays for
26    all towing and storage charges.



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1    (f) Any ordinance establishing procedures for the
2impoundment and release of vehicles under this Section shall
3include a provision providing that the registered owner or
4lessee of the vehicle and any lienholder of record shall be
5provided with a notice of hearing. The notice shall:
6        (1) be served upon the owner, lessee, and any
7    lienholder of record either by personal service or by first
8    class mail to the interested party's address as registered
9    with the Secretary of State;
10        (2) be served upon interested parties within 10 days
11    after a vehicle is impounded by the municipality; and
12        (3) contain the date, time, and location of the
13    administrative hearing. An initial hearing shall be
14    scheduled and convened no later than 45 days after the date
15    of the mailing of the notice of hearing.
16    (g) In addition to the requirements contained in
17subdivision (b)(4) of Section 11-208.3 of this Code relating to
18administrative hearings, any ordinance providing for the
19impoundment and release of vehicles under this Section shall
20include the following requirements concerning administrative
22        (1) administrative hearings shall be conducted by a
23    hearing officer who is an attorney licensed to practice law
24    in this State for a minimum of 3 years;
25        (2) at the conclusion of the administrative hearing,
26    the hearing officer shall issue a written decision either



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1    sustaining or overruling the vehicle impoundment;
2        (3) if the basis for the vehicle impoundment is
3    sustained by the administrative hearing officer, any
4    administrative fee posted to secure the release of the
5    vehicle shall be forfeited to the county or municipality;
6        (4) all final decisions of the administrative hearing
7    officer shall be subject to review under the provisions of
8    the Administrative Review Law, unless the county or
9    municipality allows in the enabling ordinance for direct
10    appeal to the circuit court having jurisdiction over the
11    county or municipality; and
12        (5) unless the administrative hearing officer
13    overturns the basis for the vehicle impoundment, no vehicle
14    shall be released to the owner, lessee, or lienholder of
15    record until all administrative fees and towing and storage
16    charges are paid; and .
17        (6) if the administrative hearing officer finds no
18    probable cause for vehicle impoundment, the county or
19    municipality shall be liable to the registered owner or
20    lessee of the vehicle for the cost of storage fees and
21    reasonable attorney's fees; except for a home rule unit
22    that, on the effective date of this amendatory Act of the
23    99th General Assembly, owns and operates a towing facility
24    within its boundaries for the storage of towed vehicles and
25    owns and operates tow trucks or enters into a contract with
26    a third party vendor to operate tow trucks, the



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1    administrative hearing officer shall not award attorney's
2    fees if the reason for vehicle impoundment is a parking
3    violation under Section 11-1301.3 or Section 11-1303 of
4    this Code or parking a vehicle on a designated snow route
5    or tow zone in violation of a county or municipal
6    ordinance.
7    (h) Vehicles not retrieved from the towing facility or
8storage facility within 35 days after the administrative
9hearing officer issues a written decision shall be deemed
10abandoned and disposed of in accordance with the provisions of
11Article II of Chapter 4 of this Code.
12    (i) Unless stayed by a court of competent jurisdiction, any
13fine, penalty, or administrative fee imposed under this Section
14which remains unpaid in whole or in part after the expiration
15of the deadline for seeking judicial review under the
16Administrative Review Law may be enforced in the same manner as
17a judgment entered by a court of competent jurisdiction.
18    (j) Except as provided in subsection (k) of this Section, a
19home rule unit may not regulate the administrative fees and
20procedures for impounding vehicles in a manner inconsistent
21with this Section. This subsection (j) is a denial and
22limitation of home rule powers and functions under subsection
23(h) of Section 6 of Article VII of the Illinois Constitution.
24    (k) The fee limits and provisions in paragraph (6) of
25subsection (b) and paragraph (6) of subsection (g) of this
26Section shall not apply to a home rule unit that tows a vehicle



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1on a public way if a circumstance requires the towing of the
2vehicle or if the vehicle is towed due to a violation of a
3statute or local ordinance, and the home rule unit:
4        (1) owns and operates a towing facility within its
5    boundaries for the storage of towed vehicles; and
6        (2) owns and operates tow trucks or enters into a
7    contract with a third party vendor to operate tow trucks.
8(Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13;
998-518, eff. 8-22-13; 98-734, eff. 1-1-15; 98-756, eff.
11    (625 ILCS 5/11-1303)  (from Ch. 95 1/2, par. 11-1303)
12    Sec. 11-1303. Stopping, standing or parking prohibited in
13specified places.
14    (a) Except when necessary to avoid conflict with other
15traffic, or in compliance with law or the directions of a
16police officer or official traffic-control device, no person
18        1. Stop, stand or park a vehicle:
19            a. On the roadway side of any vehicle stopped or
20        parked at the edge or curb of a street;
21            b. On a sidewalk;
22            c. Within an intersection;
23            d. On a crosswalk;
24            e. Between a safety zone and the adjacent curb or
25        within 30 feet of points on the curb immediately



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1        opposite the ends of a safety zone, unless a different
2        length is indicated by signs or markings;
3            f. Alongside or opposite any street excavation or
4        obstruction when stopping, standing or parking would
5        obstruct traffic;
6            g. Upon any bridge or other elevated structure upon
7        a highway or within a highway tunnel, including, but
8        not limited to, a viaduct or an underpass;
9            h. On any railroad tracks. A violation of any part
10        of this subparagraph h. shall result in a mandatory
11        fine of $500 or 50 hours of community service.
12            i. At any place where official signs prohibit
13        stopping;
14            j. On any controlled-access highway;
15            k. In the area between roadways of a divided
16        highway, including crossovers;
17            l. In a public parking area if the vehicle does not
18        display a current annual registration sticker or
19        current temporary permit pending registration.
20        2. Stand or park a vehicle, whether occupied or not,
21    except momentarily to pick up or discharge passengers:
22            a. In front of a public or private driveway;
23            b. Within 15 feet of a fire hydrant;
24            c. Within 20 feet of a crosswalk at an
25        intersection;
26            d. Within 30 feet upon the approach to any flashing



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1        signal, stop sign, yield sign, or traffic control
2        signal located at the side of a roadway;
3            e. Within 20 feet of the driveway entrance to any
4        fire station and on the side of a street opposite the
5        entrance to any fire station within 75 feet of such
6        entrance (when properly sign-posted);
7            f. At any place where official signs prohibit
8        standing.
9        3. Park a vehicle, whether occupied or not, except
10    temporarily for the purpose of and while actually engaged
11    in loading or unloading property or passengers:
12            a. Within 50 feet of the nearest rail of a railroad
13        crossing;
14            b. At any place where official signs prohibit
15        parking; .
16            c. On a parkway; or
17            d. On a bicycle path or lane.
18    (b) No person shall move a vehicle not lawfully under his
19control into any such prohibited area or away from a curb such
20distance as is unlawful.
21(Source: P.A. 89-245, eff. 1-1-96; 89-658, eff. 1-1-97.)
22    (625 ILCS 5/11-1431)
23    Sec. 11-1431. Solicitations at accident or disablement
24scene prohibited.
25    (a) A tower, as defined by Section 1-205.2 of this Code, or



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1an employee or agent of a tower may not: (i) stop at the scene
2of a motor vehicle accident or at or near a damaged or disabled
3vehicle for the purpose of soliciting the owner or operator of
4the damaged or disabled vehicle to enter into a towing service
5transaction; or (ii) stop at the scene of an accident or at or
6near a damaged or disabled vehicle unless called to the
7location by a law enforcement officer, the Illinois Department
8of Transportation, the Illinois State Toll Highway Authority, a
9local agency having jurisdiction over the highway, or the owner
10or operator of the damaged or disabled vehicle, or the owner or
11operator's authorized agent, including his or her insurer or
12motor club of which the owner or operator is a member. This
13Section shall not apply to employees of the Department, the
14Illinois State Toll Highway Authority, or local agencies when
15engaged in their official duties. Nothing in this Section shall
16prevent a tower from stopping at the scene of a motor vehicle
17accident or at or near a damaged or disabled vehicle if the
18owner or operator signals the tower for assistance from the
19location of the motor vehicle accident or damaged or disabled
21    (b) A person or company who violates this Section is guilty
22of a Class 4 felony business offense and shall be required to
23pay a fine of more than $500, but not more than $1,000. A
24person convicted of violating this Section shall also have his
25or her driver's license, permit, or privileges suspended for 3
26months. After the expiration of the 3 month suspension, the



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1person's driver's license, permit, or privileges shall not be
2reinstated until he or she has paid a reinstatement fee of
3$100. If a person violates this Section while his or her
4driver's license, permit, or privileges are suspended under
5this subsection (b), his or her driver's license, permit, or
6privileges shall be suspended for an additional 6 months, and
7shall not be reinstated after the expiration of the 6 month
8suspension until he or she pays a reinstatement fee of $100.
9(Source: P.A. 99-438, eff. 1-1-16.)
10    (625 ILCS 5/18d-120)
11    Sec. 18d-120. Disclosure to vehicle owner or operator
12before towing of damaged or disabled vehicle commences.
13    (a) A commercial vehicle safety relocator shall not
14commence the towing of a damaged or disabled vehicle without
15specific authorization from the vehicle owner or operator after
16the disclosures set forth in this Section.
17    (b) Every commercial vehicle safety relocator shall,
18before towing a damaged or disabled vehicle, give to each
19vehicle owner or operator a written disclosure providing:
20        (1) The formal business name of the commercial vehicle
21    safety relocator, as registered with the Illinois
22    Secretary of State, and its business address and telephone
23    number.
24        (2) The address of the location to which the vehicle
25    shall be relocated.



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1        (3) The cost of all relocation, storage, and any other
2    fees, without limitation, that the commercial vehicle
3    safety relocator will charge for its services.
4        (4) An itemized description of the vehicle owner or
5    operator's rights under this Code, as follows:
6    "As a customer, you also have the following rights under
7Illinois law:
8        (1) This written disclosure must be provided to you
9    before your vehicle is towed, providing the business name,
10    business address, address where the vehicle will be towed,
11    and a reliable telephone number;
12        (2) Before towing, you must be advised of the price of
13    all services;
14        (3) Upon your demand, a final invoice itemizing all
15    charges, as well as any damage to the vehicle upon its
16    receipt and return to you, must be provided;
17        (4) Upon your demand, your vehicle must be returned
18    during business hours, upon your prompt payment of all
19    reasonable fees;
20        (5) You have the right to pay all charges in cash or by
21    major credit card;
22        (6) Upon your demand, you must be provided with proof
23    of the existence of mandatory insurance insuring against
24    all risks associated with the transportation and storage of
25    your vehicle."
26    (c) The commercial vehicle safety relocator shall provide a



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1copy of the completed disclosure required by this Section to
2the vehicle owner or operator, before towing the damaged or
3disabled vehicle, and shall maintain an identical copy of the
4completed disclosure in its records for a minimum of 5 years
5after the transaction concludes.
6    (d) If the vehicle owner or operator is incapacitated,
7incompetent, or otherwise unable to knowingly accept receipt of
8the disclosure described in this Section, the commercial
9vehicle safety relocator shall provide a completed copy of the
10disclosure to local law enforcement and, if known, the vehicle
11owner or operator's automobile insurance company.
12    (e) If the commercial vehicle safety relocator fails to
13comply with the requirements of this Section, the commercial
14vehicle safety relocator shall be prohibited from seeking any
15compensation whatsoever from the vehicle owner or operator,
16including but not limited to any towing, storage, or other
17incidental fees. Furthermore, if the commercial vehicle safety
18relocator or operator fails to comply with the requirements of
19this Section, any contracts entered into by the commercial
20vehicle safety relocator and the vehicle owner or operator
21shall be deemed null, void, and unenforceable. A vehicle owner,
22or his or her authorized agent or automobile insurer, may bring
23a claim against a commercial vehicle safety relocator who
24willfully and materially violates this Section. A court may
25award the prevailing party reasonable attorney's fees, costs,
26and expenses relating to that action.



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1(Source: P.A. 95-562, eff. 7-1-08.)
2    (625 ILCS 5/18d-125)
3    Sec. 18d-125. Disclosures to vehicle owners or operators;
5    (a) Upon demand of the vehicle owner or operator, the
6commercial vehicle safety relocator shall provide an itemized
7final invoice that fairly and accurately documents the charges
8owed by the vehicle owner or operator for relocation of damaged
9or disabled vehicles. The final estimate or invoice shall
10accurately record in writing all of the items set forth in this
12    (b) The final invoice shall show the formal business name
13of the commercial vehicle safety relocator, as registered with
14the Illinois Secretary of State, its business address and
15telephone number, the date of the invoice, the odometer reading
16at the time the final invoice was prepared, the name of the
17vehicle owner or operator, and the description of the motor
18vehicle, including the motor vehicle identification number. In
19addition, the invoice shall describe any modifications made to
20the vehicle by the commercial vehicle safety relocator, any
21observable damage to the vehicle upon its initial receipt by
22the commercial vehicle safety relocator, and any observable
23damage to the vehicle at the time of its release to the vehicle
24owner or operator. The invoice shall itemize any additional
25charges and include those charges in the total presented to the



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1vehicle owner or operator.
2    (c) A legible copy of the invoice shall be given to the
3vehicle owner or operator, and a legible copy shall be retained
4by the commercial vehicle safety relocator for a period of 5
5years from the date of release of the vehicle. The copy may be
6retained in electronic format. Records may be stored at a
7separate location.
8    (d) Disclosure forms required in accordance with this
9Section 18d-120 must be approved by the Commission.
10(Source: P.A. 95-562, eff. 7-1-08.)
11    Section 999. Effective date. This Act takes effect upon
12becoming law.