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


Rep. Michael J. Zalewski

Filed: 5/23/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 2261 by replacing
3everything after the enacting clause with the following:
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;



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1        (3) one member of the General Assembly, appointed by
2    the Speaker of the House of Representatives;
3        (4) one member of the General Assembly, appointed by
4    the Minority Leader of the House of Representatives;
5        (5) the Mayor of the City of Chicago, or his or her
6    designee;
7        (6) the Secretary of Transportation, or his or her
8    designee;
9        (7) the Director of State Police, or his or her
10    designee;
11        (8) two members of the public who represent the towing
12    industry, appointed by the President of the Professional
13    Towing and Recovery Operators of Illinois;
14        (9) two members of the public who represent the
15    property casualty insurance industry, appointed by the
16    Executive Director of the Illinois Insurance Association;
17        (10) the President of the Illinois Municipal League, or
18    his or her designee;
19        (11) the President of the Illinois Sheriffs'
20    Association, or his or her designee;
21        (12) the Cook County State's Attorney, or his or her
22    designee;
23        (13) the Chairman of the Illinois Commerce Commission,
24    or his or her designee; and
25        (14) the President of the Northwest Municipal
26    Conference, or his or her designee.



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1    (c) The members of the Commission shall receive no
2compensation for serving as members of the Commission.
3    (d) The Illinois Commerce Commission shall provide
4administrative and other support to the Commission.
5    Section 10. Meetings.
6    (a) Each member of the Commission shall have voting rights
7and all actions and recommendations shall be approved by a
8simple majority vote of the members.
9    (b) The Commission shall meet no less than 3 times before
10the end of the calendar year in which this Act of the 99th
11General Assembly becomes effective.
12    (c) At the initial meeting, the Commission shall elect one
13member as a Chairperson, through a simple majority vote, who
14shall thereafter call any subsequent meetings.
15    Section 15. Reporting.
16    (a) No later than July 1, 2017, the Commission shall submit
17a report to the Governor and to the General Assembly, which
18shall include, but is not limited to:
19        (1) an evaluation of the current towing laws in this
20    State;
21        (2) a recommendation for an appropriate towing program
22    for this State;
23        (3) a review of all potential litigation costs for an
24    owner of an impounded vehicle, a towing company, and a



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1    county or municipality; and
2        (3) any other matters the Commission deems necessary.
3    Section 20. Repealer. This Act is repealed on January 1,
5    Section 105. The Illinois Vehicle Code is amended by
6changing Sections 11-208.7, 11-1431, 18d-120, and 18d-125 as
8    (625 ILCS 5/11-208.7)
9    Sec. 11-208.7. Administrative fees and procedures for
10impounding vehicles for specified violations.
11    (a) Any county or municipality may, consistent with this
12Section, provide by ordinance procedures for the release of
13properly impounded vehicles and for the imposition of a
14reasonable administrative fee related to its administrative
15and processing costs associated with the investigation,
16arrest, and detention of an offender, or the removal,
17impoundment, storage, and release of the vehicle. The
18administrative fee imposed by the county or municipality may be
19in addition to any fees charged for the towing and storage of
20an impounded vehicle. The administrative fee shall be waived by
21the county or municipality upon verifiable proof that the
22vehicle was stolen at the time the vehicle was impounded.
23    (b) An Any ordinance establishing procedures for the



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1release of properly impounded vehicles under this Section may
2impose fees only for the following violations:
3        (1) operation or use of a motor vehicle in the
4    commission of, or in the attempt to commit, an offense for
5    which a motor vehicle may be seized and forfeited pursuant
6    to Section 36-1 of the Criminal Code of 2012; or
7        (2) driving under the influence of alcohol, another
8    drug or drugs, an intoxicating compound or compounds, or
9    any combination thereof, in violation of Section 11-501 of
10    this Code; or
11        (3) operation or use of a motor vehicle in the
12    commission of, or in the attempt to commit, a felony or in
13    violation of the Cannabis Control Act; or
14        (4) operation or use of a motor vehicle in the
15    commission of, or in the attempt to commit, an offense in
16    violation of the Illinois Controlled Substances Act; or
17        (5) operation or use of a motor vehicle in the
18    commission of, or in the attempt to commit, an offense in
19    violation of Section 24-1, 24-1.5, or 24-3.1 of the
20    Criminal Code of 1961 or the Criminal Code of 2012; or
21        (6) driving while a driver's license, permit, or
22    privilege to operate a motor vehicle is suspended or
23    revoked pursuant to Section 6-303 of this Code; except that
24    vehicles shall not be subjected to seizure or impoundment
25    if the suspension is for an unpaid citation (parking or
26    moving) or due to failure to comply with emission testing;



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1    or
2        (7) operation or use of a motor vehicle while
3    soliciting, possessing, or attempting to solicit or
4    possess cannabis or a controlled substance, as defined by
5    the Cannabis Control Act or the Illinois Controlled
6    Substances Act; or
7        (8) operation or use of a motor vehicle with an expired
8    driver's license, in violation of Section 6-101 of this
9    Code, if the period of expiration is greater than one year;
10    or
11        (9) operation or use of a motor vehicle without ever
12    having been issued a driver's license or permit, in
13    violation of Section 6-101 of this Code, or operating a
14    motor vehicle without ever having been issued a driver's
15    license or permit due to a person's age; or
16        (10) operation or use of a motor vehicle by a person
17    against whom a warrant has been issued by a circuit clerk
18    in Illinois for failing to answer charges that the driver
19    violated Section 6-101, 6-303, or 11-501 of this Code; or
20        (11) operation or use of a motor vehicle in the
21    commission of, or in the attempt to commit, an offense in
22    violation of Article 16 or 16A of the Criminal Code of 1961
23    or the Criminal Code of 2012; or
24        (12) operation or use of a motor vehicle in the
25    commission of, or in the attempt to commit, any other
26    misdemeanor or felony offense in violation of the Criminal



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1    Code of 1961 or the Criminal Code of 2012, when so provided
2    by local ordinance; or
3        (13) operation or use of a motor vehicle in violation
4    of Section 11-503 of this Code:
5            (A) while the vehicle is part of a funeral
6        procession; or
7            (B) in a manner that interferes with a funeral
8        procession.
9    (c) The following shall apply to any fees imposed for
10administrative and processing costs pursuant to subsection
12        (1) All administrative fees and towing and storage
13    charges shall be imposed on the registered owner of the
14    motor vehicle or the agents of that owner.
15        (2) The fees shall be in addition to (i) any other
16    penalties that may be assessed by a court of law for the
17    underlying violations; and (ii) any towing or storage fees,
18    or both, charged by the towing company.
19        (3) The fees shall be uniform for all similarly
20    situated vehicles.
21        (4) The fees shall be collected by and paid to the
22    county or municipality imposing the fees.
23        (5) The towing or storage fees, or both, shall be
24    collected by and paid to the person, firm, or entity that
25    tows and stores the impounded vehicle.
26    (d) Any ordinance establishing procedures for the release



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1of properly impounded vehicles under this Section shall provide
2for an opportunity for a hearing, as provided in subdivision
3(b)(4) of Section 11-208.3 of this Code, and for the release of
4the vehicle to the owner of record, lessee, or a lienholder of
5record upon payment of all administrative fees and towing and
6storage fees.
7    (e) Any ordinance establishing procedures for the
8impoundment and release of vehicles under this Section shall
9include the following provisions concerning notice of
11        (1) Whenever a police officer has cause to believe that
12    a motor vehicle is subject to impoundment, the officer
13    shall provide for the towing of the vehicle to a facility
14    authorized by the county or municipality.
15        (2) At the time the vehicle is towed, the county or
16    municipality shall notify or make a reasonable attempt to
17    notify the owner, lessee, or person identifying himself or
18    herself as the owner or lessee of the vehicle, or any
19    person who is found to be in control of the vehicle at the
20    time of the alleged offense, of the fact of the seizure,
21    and of the vehicle owner's or lessee's right to an
22    administrative hearing.
23        (3) The county or municipality shall also provide
24    notice that the motor vehicle will remain impounded pending
25    the completion of an administrative hearing, unless the
26    owner or lessee of the vehicle or a lienholder posts with



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1    the county or municipality a bond equal to the
2    administrative fee as provided by ordinance and pays for
3    all towing and storage charges.
4    (f) Any ordinance establishing procedures for the
5impoundment and release of vehicles under this Section shall
6include a provision providing that the registered owner or
7lessee of the vehicle and any lienholder of record shall be
8provided with a notice of hearing. The notice shall:
9        (1) be served upon the owner, lessee, and any
10    lienholder of record either by personal service or by first
11    class mail to the interested party's address as registered
12    with the Secretary of State;
13        (2) be served upon interested parties within 10 days
14    after a vehicle is impounded by the municipality; and
15        (3) contain the date, time, and location of the
16    administrative hearing. An initial hearing shall be
17    scheduled and convened no later than 45 days after the date
18    of the mailing of the notice of hearing.
19    (g) In addition to the requirements contained in
20subdivision (b)(4) of Section 11-208.3 of this Code relating to
21administrative hearings, any ordinance providing for the
22impoundment and release of vehicles under this Section shall
23include the following requirements concerning administrative
25        (1) administrative hearings shall be conducted by a
26    hearing officer who is an attorney licensed to practice law



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1    in this State for a minimum of 3 years;
2        (2) at the conclusion of the administrative hearing,
3    the hearing officer shall issue a written decision either
4    sustaining or overruling the vehicle impoundment;
5        (3) if the basis for the vehicle impoundment is
6    sustained by the administrative hearing officer, any
7    administrative fee posted to secure the release of the
8    vehicle shall be forfeited to the county or municipality;
9        (4) all final decisions of the administrative hearing
10    officer shall be subject to review under the provisions of
11    the Administrative Review Law, unless the county or
12    municipality allows in the enabling ordinance for direct
13    appeal to the circuit court having jurisdiction over the
14    county or municipality; and
15        (5) unless the administrative hearing officer
16    overturns the basis for the vehicle impoundment, no vehicle
17    shall be released to the owner, lessee, or lienholder of
18    record until all administrative fees and towing and storage
19    charges are paid; and .
20        (6) if the administrative hearing officer finds that a
21    county or municipality that impounds a vehicle exceeded its
22    authority under this Code, the county or municipality shall
23    be liable to the registered owner or lessee of the vehicle
24    for the cost of storage fees and reasonable attorney's
25    fees.
26    (h) Vehicles not retrieved from the towing facility or



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1storage facility within 35 days after the administrative
2hearing officer issues a written decision shall be deemed
3abandoned and disposed of in accordance with the provisions of
4Article II of Chapter 4 of this Code.
5    (i) Unless stayed by a court of competent jurisdiction, any
6fine, penalty, or administrative fee imposed under this Section
7which remains unpaid in whole or in part after the expiration
8of the deadline for seeking judicial review under the
9Administrative Review Law may be enforced in the same manner as
10a judgment entered by a court of competent jurisdiction.
11(Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13;
1298-518, eff. 8-22-13; 98-734, eff. 1-1-15; 98-756, eff.
14    (625 ILCS 5/11-1431)
15    Sec. 11-1431. Solicitations at accident or disablement
16scene prohibited.
17    (a) A tower, as defined by Section 1-205.2 of this Code, or
18an employee or agent of a tower may not: (i) stop at the scene
19of a motor vehicle accident or at or near a damaged or disabled
20vehicle for the purpose of soliciting the owner or operator of
21the damaged or disabled vehicle to enter into a towing service
22transaction; or (ii) stop at the scene of an accident or at or
23near a damaged or disabled vehicle unless called to the
24location by a law enforcement officer, the Illinois Department
25of Transportation, the Illinois State Toll Highway Authority, a



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1local agency having jurisdiction over the highway, or the owner
2or operator of the damaged or disabled vehicle, or the owner or
3operator's authorized agent, including his or her insurer or
4motor club of which the owner or operator is a member. This
5Section shall not apply to employees of the Department, the
6Illinois State Toll Highway Authority, or local agencies when
7engaged in their official duties. Nothing in this Section shall
8prevent a tower from stopping at the scene of a motor vehicle
9accident or at or near a damaged or disabled vehicle if the
10owner or operator signals the tower for assistance from the
11location of the motor vehicle accident or damaged or disabled
13    (b) A person or company who violates this Section is guilty
14of a Class 4 felony business offense and shall be required to
15pay a fine of more than $500, but not more than $1,000. A
16person convicted of violating this Section shall also have his
17or her driver's license, permit, or privileges suspended for 3
18months. After the expiration of the 3 month suspension, the
19person's driver's license, permit, or privileges shall not be
20reinstated until he or she has paid a reinstatement fee of
21$100. If a person violates this Section while his or her
22driver's license, permit, or privileges are suspended under
23this subsection (b), his or her driver's license, permit, or
24privileges shall be suspended for an additional 6 months, and
25shall not be reinstated after the expiration of the 6 month
26suspension until he or she pays a reinstatement fee of $100.



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1(Source: P.A. 99-438, eff. 1-1-16.)
2    (625 ILCS 5/18d-120)
3    Sec. 18d-120. Disclosure to vehicle owner or operator
4before towing of damaged or disabled vehicle commences.
5    (a) A commercial vehicle safety relocator shall not
6commence the towing of a damaged or disabled vehicle without
7specific authorization from the vehicle owner or operator after
8the disclosures set forth in this Section.
9    (b) Every commercial vehicle safety relocator shall,
10before towing a damaged or disabled vehicle, give to each
11vehicle owner or operator a written disclosure providing:
12        (1) The formal business name of the commercial vehicle
13    safety relocator, as registered with the Illinois
14    Secretary of State, and its business address and telephone
15    number.
16        (2) The address of the location to which the vehicle
17    shall be relocated.
18        (3) The cost of all relocation, storage, and any other
19    fees, without limitation, that the commercial vehicle
20    safety relocator will charge for its services.
21        (4) An itemized description of the vehicle owner or
22    operator's rights under this Code, as follows:
23    "As a customer, you also have the following rights under
24Illinois law:
25        (1) This written disclosure must be provided to you



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1    before your vehicle is towed, providing the business name,
2    business address, address where the vehicle will be towed,
3    and a reliable telephone number;
4        (2) Before towing, you must be advised of the price of
5    all services;
6        (3) Upon your demand, a final invoice itemizing all
7    charges, as well as any damage to the vehicle upon its
8    receipt and return to you, must be provided;
9        (4) Upon your demand, your vehicle must be returned
10    during business hours, upon your prompt payment of all
11    reasonable fees;
12        (5) You have the right to pay all charges in cash or by
13    major credit card;
14        (6) Upon your demand, you must be provided with proof
15    of the existence of mandatory insurance insuring against
16    all risks associated with the transportation and storage of
17    your vehicle."
18    (c) The commercial vehicle safety relocator shall provide a
19copy of the completed disclosure required by this Section to
20the vehicle owner or operator, before towing the damaged or
21disabled vehicle, and shall maintain an identical copy of the
22completed disclosure in its records for a minimum of 5 years
23after the transaction concludes.
24    (d) If the vehicle owner or operator is incapacitated,
25incompetent, or otherwise unable to knowingly accept receipt of
26the disclosure described in this Section, the commercial



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1vehicle safety relocator shall provide a completed copy of the
2disclosure to local law enforcement and, if known, the vehicle
3owner or operator's automobile insurance company.
4    (e) If the commercial vehicle safety relocator fails to
5comply with the requirements of this Section, the commercial
6vehicle safety relocator shall be prohibited from seeking any
7compensation whatsoever from the vehicle owner or operator,
8including but not limited to any towing, storage, or other
9incidental fees. Furthermore, if the commercial vehicle safety
10relocator or operator fails to comply with the requirements of
11this Section, any contracts entered into by the commercial
12vehicle safety relocator and the vehicle owner or operator
13shall be deemed null, void, and unenforceable. A vehicle owner,
14or his or her authorized agent or automobile insurer, may bring
15a claim against a commercial vehicle safety relocator who
16willfully and materially violates this Section. A court may
17award the prevailing party reasonable attorney's fees, costs,
18and expenses relating to that action.
19(Source: P.A. 95-562, eff. 7-1-08.)
20    (625 ILCS 5/18d-125)
21    Sec. 18d-125. Disclosures to vehicle owners or operators;
23    (a) Upon demand of the vehicle owner or operator, the
24commercial vehicle safety relocator shall provide an itemized
25final invoice that fairly and accurately documents the charges



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1owed by the vehicle owner or operator for relocation of damaged
2or disabled vehicles. The final estimate or invoice shall
3accurately record in writing all of the items set forth in this
5    (b) The final invoice shall show the formal business name
6of the commercial vehicle safety relocator, as registered with
7the Illinois Secretary of State, its business address and
8telephone number, the date of the invoice, the odometer reading
9at the time the final invoice was prepared, the name of the
10vehicle owner or operator, and the description of the motor
11vehicle, including the motor vehicle identification number. In
12addition, the invoice shall describe any modifications made to
13the vehicle by the commercial vehicle safety relocator, any
14observable damage to the vehicle upon its initial receipt by
15the commercial vehicle safety relocator, and any observable
16damage to the vehicle at the time of its release to the vehicle
17owner or operator. The invoice shall itemize any additional
18charges and include those charges in the total presented to the
19vehicle owner or operator.
20    (c) A legible copy of the invoice shall be given to the
21vehicle owner or operator, and a legible copy shall be retained
22by the commercial vehicle safety relocator for a period of 5
23years from the date of release of the vehicle. The copy may be
24retained in electronic format. Records may be stored at a
25separate location.
26    (d) Disclosure forms required in accordance with this



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1Section 18d-120 must be approved by the Commission.
2(Source: P.A. 95-562, eff. 7-1-08.)
3    Section 999. Effective date. This Act takes effect upon
4becoming law.".