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


Rep. Michael J. Zalewski

Filed: 5/27/2016





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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 and 11-1431 as follows:
7    (625 ILCS 5/11-208.7)
8    Sec. 11-208.7. Administrative fees and procedures for
9impounding vehicles for specified violations.
10    (a) Any county or municipality may, consistent with this
11Section, provide by ordinance procedures for the release of
12properly impounded vehicles and for the imposition of a
13reasonable administrative fee related to its administrative
14and processing costs associated with the investigation,
15arrest, and detention of an offender, or the removal,
16impoundment, storage, and release of the vehicle. The
17administrative fee imposed by the county or municipality may be
18in addition to any fees charged for the towing and storage of
19an impounded vehicle. The administrative fee shall be waived by
20the county or municipality upon verifiable proof that the
21vehicle was stolen at the time the vehicle was impounded.
22    (b) An Any ordinance establishing procedures for the
23release of properly impounded vehicles under this Section may



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



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



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



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



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



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1        (2) at the conclusion of the administrative hearing,
2    the hearing officer shall issue a written decision either
3    sustaining or overruling the vehicle impoundment;
4        (3) if the basis for the vehicle impoundment is
5    sustained by the administrative hearing officer, any
6    administrative fee posted to secure the release of the
7    vehicle shall be forfeited to the county or municipality;
8        (4) all final decisions of the administrative hearing
9    officer shall be subject to review under the provisions of
10    the Administrative Review Law, unless the county or
11    municipality allows in the enabling ordinance for direct
12    appeal to the circuit court having jurisdiction over the
13    county or municipality; and
14        (5) unless the administrative hearing officer
15    overturns the basis for the vehicle impoundment, no vehicle
16    shall be released to the owner, lessee, or lienholder of
17    record until all administrative fees and towing and storage
18    charges are paid; and .
19        (6) if the administrative hearing officer finds that a
20    county or municipality that impounds a vehicle exceeded its
21    authority under this Code, the county or municipality shall
22    be liable to the registered owner or lessee of the vehicle
23    for the cost of storage fees and reasonable attorney's
24    fees.
25    (h) Vehicles not retrieved from the towing facility or
26storage facility within 35 days after the administrative



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1hearing officer issues a written decision shall be deemed
2abandoned and disposed of in accordance with the provisions of
3Article II of Chapter 4 of this Code.
4    (i) Unless stayed by a court of competent jurisdiction, any
5fine, penalty, or administrative fee imposed under this Section
6which remains unpaid in whole or in part after the expiration
7of the deadline for seeking judicial review under the
8Administrative Review Law may be enforced in the same manner as
9a judgment entered by a court of competent jurisdiction.
10    (j) The fee limits in subsection (b), the exceptions in
11paragraph (6) of subsection (b), and all of paragraph (6) of
12subsection (g) of this Section shall not apply to a home rule
13unit that tows a vehicle on a public way if a circumstance
14requires the towing of the vehicle or if the vehicle is towed
15due to a violation of a statute or local ordinance, and the
16home rule unit:
17        (1) owns and operates a towing facility within its
18    boundaries for the storage of towed vehicles; and
19        (2) owns and operates tow trucks or enters into a
20    contract with a third party vendor to operate tow trucks.
21(Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13;
2298-518, eff. 8-22-13; 98-734, eff. 1-1-15; 98-756, eff.
24    (625 ILCS 5/11-1431)
25    Sec. 11-1431. Solicitations at accident or disablement



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1scene prohibited.
2    (a) A tower, as defined by Section 1-205.2 of this Code, or
3an employee or agent of a tower may not: (i) stop at the scene
4of a motor vehicle accident or at or near a damaged or disabled
5vehicle for the purpose of soliciting the owner or operator of
6the damaged or disabled vehicle to enter into a towing service
7transaction; or (ii) stop at the scene of an accident or at or
8near a damaged or disabled vehicle unless called to the
9location by a law enforcement officer, the Illinois Department
10of Transportation, the Illinois State Toll Highway Authority, a
11local agency having jurisdiction over the highway, or the owner
12or operator of the damaged or disabled vehicle, or the owner or
13operator's authorized agent, including his or her insurer or
14motor club of which the owner or operator is a member. This
15Section shall not apply to employees of the Department, the
16Illinois State Toll Highway Authority, or local agencies when
17engaged in their official duties. Nothing in this Section shall
18prevent a tower from stopping at the scene of a motor vehicle
19accident or at or near a damaged or disabled vehicle if the
20owner or operator signals the tower for assistance from the
21location of the motor vehicle accident or damaged or disabled
23    (b) A person or company who violates this Section is guilty
24of a Class 4 felony business offense and shall be required to
25pay a fine of more than $500, but not more than $1,000. A
26person convicted of violating this Section shall also have his



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1or her driver's license, permit, or privileges suspended for 3
2months. After the expiration of the 3 month suspension, the
3person's driver's license, permit, or privileges shall not be
4reinstated until he or she has paid a reinstatement fee of
5$100. If a person violates this Section while his or her
6driver's license, permit, or privileges are suspended under
7this subsection (b), his or her driver's license, permit, or
8privileges shall be suspended for an additional 6 months, and
9shall not be reinstated after the expiration of the 6 month
10suspension until he or she pays a reinstatement fee of $100. A
11vehicle owner, or his or her authorized agent or automobile
12insurer, may bring a claim against a company or person who
13willfully and materially violates this Section. A court may
14award the prevailing party reasonable attorney's fees, costs,
15and expenses relating to that action.
16(Source: P.A. 99-438, eff. 1-1-16.)
17    Section 999. Effective date. This Act takes effect upon
18becoming law.".