Full Text of SB2261 99th General Assembly
SB2261sam002 99TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 4/20/2016
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| 1 | | AMENDMENT TO SENATE BILL 2261
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2261, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short Title. This Act may be cited as the | 6 | | Statewide Relocation Towing Licensure Commission Act. | 7 | | Section 5. The Statewide Relocation Towing Licensure | 8 | | Commission. | 9 | | (a) There is hereby created the Statewide Relocation Towing | 10 | | Licensure Commission. | 11 | | (b) Within 60 days after the effective date of this Act, | 12 | | the members of the Commission shall be appointed with the | 13 | | following members: | 14 | | (1) one member of the General Assembly, appointed by | 15 | | the President of the Senate; | 16 | | (2) one member of the General Assembly, appointed by |
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| 1 | | the Minority Leader of the Senate; | 2 | | (3) one member of the General Assembly, appointed by | 3 | | the Speaker of the House of Representatives; | 4 | | (4) one member of the General Assembly, appointed by | 5 | | the Minority Leader of the House of Representatives; | 6 | | (5) the Mayor of the City of Chicago, or his or her | 7 | | designee; | 8 | | (6) the Secretary of Transportation, or his or her | 9 | | designee; | 10 | | (7) the Director of State Police, or his or her | 11 | | designee; | 12 | | (8) two members of the public who represent the towing | 13 | | industry, appointed by the President of the Professional | 14 | | Towing and Recovery Operators of Illinois; | 15 | | (9) two members of the public who represent the | 16 | | property casualty insurance industry, appointed by the | 17 | | Executive Director of the Illinois Insurance Association; | 18 | | (10) the President of the Illinois Municipal League, or | 19 | | his or her designee; | 20 | | (11) the President of the Illinois Sheriff's | 21 | | Association, or his or her designee; | 22 | | (12) the Cook County State's Attorney, or his or her | 23 | | designee; | 24 | | (13) the Chairman of the Illinois Commerce Commission, | 25 | | or his or her designee; and | 26 | | (14) the President of the Northwest Municipal |
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| 1 | | Conference, or his or her designee. | 2 | | (c) The members of the Commission shall receive no | 3 | | compensation for serving as members of the Commission. | 4 | | (d) The Illinois Commerce Commission shall provide | 5 | | administrative and other support to the Commission. | 6 | | Section 10. Meetings. | 7 | | (a) Each member of the Commission shall have voting rights | 8 | | and all actions and recommendations shall be approved by a | 9 | | simple majority vote of the members. | 10 | | (b) The Commission shall meet no less than 3 times before | 11 | | the end of the calendar year in which this Act of the 99th | 12 | | General Assembly becomes effective. | 13 | | (c) At the initial meeting, the Commission shall elect one | 14 | | member as a Chairperson, through a simple majority vote, who | 15 | | shall thereafter call any subsequent meetings. | 16 | | Section 15. Reporting. | 17 | | (a) No later than July 1, 2017, the Commission shall submit | 18 | | a report to the Governor and to the General Assembly, which | 19 | | shall include, but is not limited to: | 20 | | (1) an evaluation of the current towing laws in this | 21 | | State; | 22 | | (2) a recommendation for an appropriate towing program | 23 | | for this State; | 24 | | (3) a review of all potential litigation costs for an |
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| 1 | | owner of an impounded vehicle, a towing company, and a | 2 | | county or municipality; and | 3 | | (3) any other matters the Commission deems necessary. | 4 | | Section 20. Repealer. This Act is repealed on January 1, | 5 | | 2018. | 6 | | Section 105. The Illinois Vehicle Code is amended by | 7 | | changing Sections 11-208.7, 11-1303, 11-1431, 18d-120, and | 8 | | 18d-125 as follows: | 9 | | (625 ILCS 5/11-208.7) | 10 | | Sec. 11-208.7. Administrative fees and procedures for | 11 | | impounding vehicles for specified violations. | 12 | | (a) Any county or municipality may, consistent with this | 13 | | Section, provide by ordinance procedures for the release of | 14 | | properly impounded vehicles and for the imposition of a | 15 | | reasonable administrative fee related to its administrative | 16 | | and processing costs associated with the investigation, | 17 | | arrest, and detention of an offender, or the removal, | 18 | | impoundment, storage, and release of the vehicle. The | 19 | | administrative fee imposed by the county or municipality may be | 20 | | in addition to any fees
charged for the towing and storage of | 21 | | an impounded vehicle. The administrative fee shall be waived by | 22 | | the county or municipality upon verifiable proof that the | 23 | | vehicle was stolen at the time the vehicle was impounded. |
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| 1 | | (b) An Any ordinance establishing procedures for the | 2 | | release of properly impounded vehicles under this Section may | 3 | | impose fees only for the following violations: | 4 | | (1) operation or use of a motor vehicle in the | 5 | | commission of, or in the attempt to commit, an offense for | 6 | | which a motor vehicle may be seized and forfeited pursuant | 7 | | to Section 36-1 of the Criminal Code of 2012; or | 8 | | (2) driving under the influence of alcohol, another | 9 | | drug or drugs, an intoxicating compound or compounds, or | 10 | | any combination thereof, in violation of Section 11-501 of | 11 | | this Code; or | 12 | | (3) operation or use of a motor vehicle in the | 13 | | commission of, or in the attempt to commit, a felony or in | 14 | | violation of the Cannabis Control Act; or | 15 | | (4) operation or use of a motor vehicle in the | 16 | | commission of, or in the attempt to commit, an offense in | 17 | | violation of the Illinois Controlled Substances Act; or | 18 | | (5) operation or use of a motor vehicle in the | 19 | | commission of, or in the attempt to commit, an offense in | 20 | | violation of Section 24-1, 24-1.5, or 24-3.1 of the | 21 | | Criminal Code of 1961 or the Criminal Code of 2012; or | 22 | | (6) driving while a driver's license, permit, or | 23 | | privilege to operate a motor vehicle is suspended or | 24 | | revoked pursuant to Section 6-303 of this Code; except that | 25 | | vehicles shall not be subjected to seizure or impoundment | 26 | | if the suspension is for an unpaid citation (parking or |
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| 1 | | moving) or due to failure to comply with emission testing; | 2 | | or | 3 | | (7) operation or use of a motor vehicle while | 4 | | soliciting, possessing, or attempting to solicit or | 5 | | possess cannabis or a controlled substance, as defined by | 6 | | the Cannabis Control Act or the Illinois Controlled | 7 | | Substances Act; or | 8 | | (8) operation or use of a motor vehicle with an expired | 9 | | driver's license, in violation of Section 6-101 of this | 10 | | Code, if the period of expiration is greater than one year; | 11 | | or | 12 | | (9) operation or use of a motor vehicle without ever | 13 | | having been issued a driver's license or permit, in | 14 | | violation of Section 6-101 of this Code, or operating a | 15 | | motor vehicle without ever having been issued a driver's | 16 | | license or permit due to a person's age; or | 17 | | (10) operation or use of a motor vehicle by a person | 18 | | against whom a warrant has been issued by a circuit clerk | 19 | | in Illinois for failing to answer charges that the driver | 20 | | violated Section 6-101, 6-303, or 11-501 of this Code; or | 21 | | (11) operation or use of a motor vehicle in the | 22 | | commission of, or in the attempt to commit, an offense in | 23 | | violation of Article 16 or 16A of the Criminal Code of 1961 | 24 | | or the Criminal Code of 2012; or | 25 | | (12) operation or use of a motor vehicle in the | 26 | | commission of, or in the attempt to commit, any other
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| 1 | | misdemeanor or felony offense in violation of the Criminal | 2 | | Code of 1961 or the Criminal Code of 2012, when so provided | 3 | | by
local ordinance; or | 4 | | (13) operation or use of a motor vehicle in violation | 5 | | of Section 11-503 of this Code: | 6 | | (A) while the vehicle is part of a funeral | 7 | | procession; or | 8 | | (B) in a manner that interferes with a funeral | 9 | | procession ; or . | 10 | | (14) parking a vehicle in violation of Section | 11 | | 11-1301.3 or Section 11-1303 of this Code, or parking a | 12 | | vehicle on a designated snow route or tow zone established | 13 | | by a county or municipality. | 14 | | (c) The following shall apply to any fees imposed for | 15 | | administrative and processing costs pursuant to subsection | 16 | | (b): | 17 | | (1) All administrative fees and towing and storage | 18 | | charges shall be imposed on the registered owner of the | 19 | | motor vehicle or the agents of that owner. | 20 | | (2) The fees shall be in addition to (i) any other | 21 | | penalties that may be assessed by a court of law for the | 22 | | underlying violations; and (ii) any towing or storage fees, | 23 | | or both, charged by the towing company. | 24 | | (3) The fees shall be uniform for all similarly | 25 | | situated vehicles. | 26 | | (4) The fees shall be collected by and paid to the |
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| 1 | | county or municipality imposing the fees. | 2 | | (5) The towing or storage fees, or both, shall be | 3 | | collected by and paid to the person, firm, or entity that | 4 | | tows and stores the impounded vehicle. | 5 | | (d) Any ordinance establishing procedures for the release | 6 | | of properly impounded vehicles under this Section shall provide | 7 | | for an opportunity for a hearing, as provided in subdivision | 8 | | (b)(4) of Section 11-208.3 of this Code, and for the release of | 9 | | the vehicle to the owner of record, lessee, or a lienholder of | 10 | | record upon payment of all administrative fees and towing and | 11 | | storage fees. | 12 | | (e) Any ordinance establishing procedures for the | 13 | | impoundment
and release of vehicles under this Section shall | 14 | | include the following provisions concerning notice of | 15 | | impoundment: | 16 | | (1) Whenever
a police officer has cause to believe that | 17 | | a motor vehicle is subject to impoundment, the officer
| 18 | | shall provide for the towing of the vehicle to a facility | 19 | | authorized by the county or municipality. | 20 | | (2) At the
time the vehicle is towed, the county or | 21 | | municipality shall notify or make a reasonable attempt to | 22 | | notify the
owner, lessee, or person identifying himself or | 23 | | herself as the owner or lessee of the vehicle, or any | 24 | | person
who is found to be in control of the vehicle at the | 25 | | time of the alleged offense, of the fact of the
seizure, | 26 | | and of the vehicle owner's or lessee's right to an |
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| 1 | | administrative hearing. | 2 | | (3) The county or municipality shall
also provide | 3 | | notice that the motor vehicle will remain impounded pending | 4 | | the completion of an
administrative hearing, unless the | 5 | | owner or lessee of the vehicle or a lienholder posts with | 6 | | the county or
municipality a bond equal to the | 7 | | administrative fee as provided by ordinance and pays for | 8 | | all
towing and storage charges. | 9 | | (f) Any ordinance establishing procedures for the | 10 | | impoundment and
release of vehicles under this Section shall | 11 | | include a provision providing that the
registered owner or | 12 | | lessee of the vehicle and any lienholder of record shall be | 13 | | provided with a
notice of hearing. The notice shall: | 14 | | (1) be served upon the owner, lessee, and any | 15 | | lienholder of record either by personal service or by first | 16 | | class mail to the interested party's address as registered | 17 | | with the Secretary of State; | 18 | | (2) be served upon interested parties within 10 days | 19 | | after a vehicle is impounded by the municipality; and | 20 | | (3) contain the date, time, and location of the | 21 | | administrative hearing. An
initial hearing shall be | 22 | | scheduled and convened no later than 45 days after the date | 23 | | of
the mailing of the notice of hearing. | 24 | | (g) In addition to the requirements contained in
| 25 | | subdivision (b)(4) of Section 11-208.3 of this Code relating to | 26 | | administrative hearings, any ordinance providing for the |
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| 1 | | impoundment
and release of vehicles under this Section shall | 2 | | include the following requirements concerning administrative | 3 | | hearings: | 4 | | (1) administrative hearings shall be conducted by a | 5 | | hearing officer who is an attorney licensed to practice law | 6 | | in this State for a minimum of 3 years; | 7 | | (2) at the conclusion of the administrative hearing, | 8 | | the hearing officer shall issue
a written decision either | 9 | | sustaining or overruling the vehicle impoundment; | 10 | | (3) if the basis for the vehicle
impoundment is | 11 | | sustained by the administrative hearing officer, any | 12 | | administrative fee posted to
secure the release of the | 13 | | vehicle shall be forfeited to the county or municipality; | 14 | | (4) all final decisions of the administrative hearing | 15 | | officer shall be subject to
review under the provisions of | 16 | | the Administrative Review Law, unless the county or | 17 | | municipality allows in the enabling ordinance for direct | 18 | | appeal to the circuit court having jurisdiction over the | 19 | | county or municipality; and | 20 | | (5) unless the administrative hearing
officer | 21 | | overturns the basis for the vehicle impoundment, no vehicle | 22 | | shall be released to the owner, lessee, or lienholder of | 23 | | record until
all administrative fees and towing and storage | 24 | | charges are paid ; and . | 25 | | (6) if the administrative hearing officer finds no | 26 | | probable cause for vehicle impoundment, the county or |
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| 1 | | municipality shall be liable to the registered owner or | 2 | | lessee of the vehicle for the cost of storage fees and | 3 | | reasonable attorney's fees; except for a home rule unit | 4 | | that, on the effective date of this amendatory Act of the | 5 | | 99th General Assembly, owns and operates a towing facility | 6 | | within its boundaries for the storage of towed vehicles and | 7 | | owns and operates tow trucks or enters into a contract with | 8 | | a third party vendor to operate tow trucks, the | 9 | | administrative hearing officer shall not award attorney's | 10 | | fees if the reason for vehicle impoundment is a parking | 11 | | violation under Section 11-1301.3 or Section 11-1303 of | 12 | | this Code or parking a vehicle on a designated snow route | 13 | | or tow zone in violation of a county or municipal | 14 | | ordinance. | 15 | | (h) Vehicles not retrieved from the towing facility or | 16 | | storage facility
within 35 days after the administrative | 17 | | hearing officer issues a written decision shall be deemed | 18 | | abandoned and disposed of in accordance with the provisions of | 19 | | Article II of Chapter
4 of this Code. | 20 | | (i) Unless stayed by a court of competent jurisdiction, any | 21 | | fine, penalty, or administrative fee imposed under this
Section | 22 | | which remains unpaid in whole or in part after the expiration | 23 | | of the deadline for seeking judicial
review under the | 24 | | Administrative Review Law may be enforced in the same manner as | 25 | | a judgment entered by a court of
competent jurisdiction. | 26 | | (j) Except as provided in subsection (k) of this Section, a |
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| 1 | | home rule unit may not regulate the administrative fees and | 2 | | procedures for impounding vehicles in a manner inconsistent | 3 | | with this Section. This subsection (j) is a denial and | 4 | | limitation of home rule powers and functions under subsection | 5 | | (h) of Section 6 of Article VII of the Illinois Constitution. | 6 | | (k) The fee limits and provisions in paragraph (6) of | 7 | | subsection (b) and paragraph (6) of Section (g) of this Section | 8 | | shall not apply to a home rule unit that tows a vehicle on a | 9 | | public way if a circumstance requires the towing of the vehicle | 10 | | or if the vehicle is towed due to a violation of a statute or | 11 | | local ordinance, and the home rule unit: | 12 | | (1) owns and operates a towing facility within its | 13 | | boundaries for the storage of towed vehicles; and | 14 | | (2) owns and operates tow trucks or enters into a | 15 | | contract with a third party vendor to operate tow trucks.
| 16 | | (Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13; | 17 | | 98-518, eff. 8-22-13; 98-734, eff. 1-1-15; 98-756, eff. | 18 | | 7-16-14 .)
| 19 | | (625 ILCS 5/11-1303) (from Ch. 95 1/2, par. 11-1303)
| 20 | | Sec. 11-1303. Stopping, standing or parking prohibited in | 21 | | specified places.
| 22 | | (a) Except when necessary to avoid conflict with other | 23 | | traffic, or in
compliance with law or the directions of a | 24 | | police officer or official
traffic-control device, no person | 25 | | shall:
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| 1 | | 1. Stop, stand or park a vehicle:
| 2 | | a. On the roadway side of any vehicle stopped or | 3 | | parked at the edge or
curb of a street;
| 4 | | b. On a sidewalk;
| 5 | | c. Within an intersection;
| 6 | | d. On a crosswalk;
| 7 | | e. Between a safety zone and the adjacent curb or | 8 | | within 30 feet of
points on the curb immediately | 9 | | opposite the ends of a safety zone, unless a
different | 10 | | length is indicated by signs or markings;
| 11 | | f. Alongside or opposite any street excavation or | 12 | | obstruction when
stopping, standing or parking would | 13 | | obstruct traffic;
| 14 | | g. Upon any bridge or other elevated structure upon | 15 | | a highway
or within a highway tunnel , including, but | 16 | | not limited to, a viaduct or an underpass ;
| 17 | | h. On any railroad tracks. A violation of any part | 18 | | of this
subparagraph h. shall result in a mandatory | 19 | | fine of $500 or 50 hours of
community service.
| 20 | | i. At any place where official signs prohibit | 21 | | stopping;
| 22 | | j. On any controlled-access highway;
| 23 | | k. In the area between roadways of a divided | 24 | | highway, including
crossovers;
| 25 | | l. In a public parking area if the vehicle does not | 26 | | display a current
annual registration sticker or |
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| 1 | | current temporary permit pending registration.
| 2 | | 2. Stand or park a vehicle, whether occupied or not, | 3 | | except momentarily
to pick up or discharge passengers:
| 4 | | a. In front of a public or private driveway;
| 5 | | b. Within 15 feet of a fire hydrant;
| 6 | | c. Within 20 feet of a crosswalk at an | 7 | | intersection;
| 8 | | d. Within 30 feet upon the approach to any flashing | 9 | | signal, stop sign,
yield sign, or traffic control | 10 | | signal located at the side of a roadway;
| 11 | | e. Within 20 feet of the driveway entrance to any | 12 | | fire station and on
the side of a street opposite the | 13 | | entrance to any fire station within 75
feet of such | 14 | | entrance (when properly sign-posted);
| 15 | | f. At any place where official signs prohibit | 16 | | standing.
| 17 | | 3. Park a vehicle, whether occupied or not, except | 18 | | temporarily for the
purpose of and while actually engaged | 19 | | in loading or unloading
property or passengers:
| 20 | | a. Within 50 feet of the nearest rail of a railroad | 21 | | crossing;
| 22 | | b. At any place where official signs prohibit | 23 | | parking ; . | 24 | | c. On a parkway; or | 25 | | d. On a bicycle path or lane.
| 26 | | (b) No person shall move a vehicle not lawfully under his |
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| 1 | | control into
any such prohibited area or away from a curb such | 2 | | distance as is unlawful.
| 3 | | (Source: P.A. 89-245, eff. 1-1-96; 89-658, eff. 1-1-97.)
| 4 | | (625 ILCS 5/11-1431) | 5 | | Sec. 11-1431. Solicitations at accident or disablement | 6 | | scene prohibited. | 7 | | (a) A tower, as defined by Section 1-205.2 of this Code, or | 8 | | an employee or agent of a tower may not: (i) stop at the scene | 9 | | of a motor vehicle accident or at or near a damaged or disabled | 10 | | vehicle for the purpose of soliciting the owner or operator of | 11 | | the damaged or disabled vehicle to enter into a towing service | 12 | | transaction; or (ii) stop at the scene of an accident or at or | 13 | | near a damaged or disabled vehicle unless called to the | 14 | | location by a law enforcement officer, the Illinois Department | 15 | | of Transportation, the Illinois State Toll Highway Authority, a | 16 | | local agency having jurisdiction over the highway, or the
owner | 17 | | or operator of the damaged or disabled vehicle , or the owner or | 18 | | operator's authorized agent, including his or her insurer or | 19 | | motor club of which the owner or operator is a member . This | 20 | | Section shall not apply to employees of the Department, the | 21 | | Illinois State Toll Highway Authority, or local agencies when | 22 | | engaged in their official duties. Nothing in this Section shall | 23 | | prevent a tower from stopping at the scene of a motor vehicle | 24 | | accident or at or near a
damaged or disabled vehicle if the | 25 | | owner or operator signals the tower for assistance from the |
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| 1 | | location of the motor vehicle accident or damaged or disabled | 2 | | vehicle.
| 3 | | (b) A person or company who violates this Section is guilty | 4 | | of a Class 4 felony business offense and shall be required to | 5 | | pay a fine of more than $500, but not more than $1,000 . A | 6 | | person convicted of violating this Section shall also have his | 7 | | or her driver's license, permit, or privileges suspended for 3 | 8 | | months. After the expiration of the 3 month suspension, the | 9 | | person's driver's license, permit, or privileges shall not be | 10 | | reinstated until he or she has paid a reinstatement fee of | 11 | | $100. If a person violates this Section while his or her | 12 | | driver's license, permit, or privileges are suspended under | 13 | | this subsection (b), his or her driver's license, permit, or | 14 | | privileges shall be suspended for an additional 6 months, and | 15 | | shall not be reinstated after the expiration of the 6 month | 16 | | suspension until he or she pays a reinstatement fee of $100. | 17 | | (Source: P.A. 99-438, eff. 1-1-16 .) | 18 | | (625 ILCS 5/18d-120)
| 19 | | Sec. 18d-120. Disclosure to vehicle owner or operator | 20 | | before towing of damaged or disabled vehicle commences. | 21 | | (a) A commercial vehicle safety relocator shall not
| 22 | | commence the towing of a damaged or disabled vehicle without
| 23 | | specific authorization from the vehicle owner or operator after
| 24 | | the disclosures set forth in this Section. | 25 | | (b) Every commercial vehicle safety relocator shall,
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| 1 | | before towing a damaged or disabled vehicle, give to each
| 2 | | vehicle owner or operator a written disclosure providing: | 3 | | (1) The formal business name of the commercial vehicle
| 4 | | safety relocator, as registered with the Illinois
| 5 | | Secretary of State, and its business address and telephone
| 6 | | number. | 7 | | (2) The address of the location to which the vehicle
| 8 | | shall be relocated. | 9 | | (3) The cost of all relocation, storage, and any other
| 10 | | fees, without limitation, that the commercial vehicle
| 11 | | safety relocator will charge for its services. | 12 | | (4) An itemized description of the vehicle owner or
| 13 | | operator's rights under this Code, as follows: | 14 | | "As a customer, you also have the following rights
under | 15 | | Illinois law: | 16 | | (1) This written disclosure must be provided to you
| 17 | | before your vehicle is towed, providing the business
name, | 18 | | business address, address where the vehicle will
be towed, | 19 | | and a reliable telephone number; | 20 | | (2) Before towing, you must be advised of the price
of | 21 | | all services; | 22 | | (3) Upon your demand, a final invoice itemizing all
| 23 | | charges, as well as any damage to the vehicle upon its
| 24 | | receipt and return to you, must be provided; | 25 | | (4) Upon your demand, your vehicle must be returned
| 26 | | during business hours, upon your prompt payment of all
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| 1 | | reasonable fees; | 2 | | (5) You have the right to pay all charges in cash
or by | 3 | | major credit card; | 4 | | (6) Upon your demand, you must be provided with
proof | 5 | | of the existence of mandatory insurance insuring
against | 6 | | all risks associated with the transportation
and storage of | 7 | | your vehicle." | 8 | | (c) The commercial vehicle safety relocator shall
provide a | 9 | | copy of the completed disclosure required by this
Section to | 10 | | the vehicle owner or operator, before towing the
damaged or | 11 | | disabled vehicle, and shall maintain an identical
copy of the | 12 | | completed disclosure in its records for a minimum
of 5 years | 13 | | after the transaction concludes. | 14 | | (d) If the vehicle owner or operator is incapacitated,
| 15 | | incompetent, or otherwise unable to knowingly accept receipt of
| 16 | | the disclosure described in this Section, the commercial
| 17 | | vehicle safety relocator shall provide a completed copy of
the | 18 | | disclosure to local law enforcement and, if known, the
vehicle | 19 | | owner or operator's automobile insurance company. | 20 | | (e) If the commercial vehicle safety relocator fails
to | 21 | | comply with the requirements of this Section, the commercial
| 22 | | vehicle safety relocator shall be prohibited from seeking
any | 23 | | compensation whatsoever from the vehicle owner or operator,
| 24 | | including but not limited to any towing, storage, or other
| 25 | | incidental fees. Furthermore, if the commercial vehicle
safety | 26 | | relocator or operator fails to comply with the requirements of
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| 1 | | this Section, any contracts entered into by the commercial
| 2 | | vehicle safety relocator and the vehicle owner or operator
| 3 | | shall be deemed null, void, and unenforceable.
A vehicle owner, | 4 | | or his or her authorized agent or automobile insurer, may bring | 5 | | a claim against a commercial vehicle safety relocator who | 6 | | willfully and materially violates this Section. A court may | 7 | | award the prevailing party reasonable attorney's fees, costs, | 8 | | and expenses relating to that action.
| 9 | | (Source: P.A. 95-562, eff. 7-1-08 .) | 10 | | (625 ILCS 5/18d-125)
| 11 | | Sec. 18d-125. Disclosures to vehicle owners or operators;
| 12 | | invoices. | 13 | | (a) Upon demand of the vehicle owner or operator, the
| 14 | | commercial vehicle safety relocator shall provide an
itemized | 15 | | final invoice that fairly and accurately documents the
charges | 16 | | owed by the vehicle owner or operator for relocation of
damaged | 17 | | or disabled vehicles. The final estimate or invoice
shall | 18 | | accurately record in writing all of the items set forth
in this | 19 | | Section. | 20 | | (b) The final invoice shall show the formal business name
| 21 | | of the commercial vehicle safety relocator, as
registered with | 22 | | the Illinois Secretary of State, its business
address and | 23 | | telephone number, the date of the invoice, the
odometer reading | 24 | | at the time the final invoice was prepared,
the name of the | 25 | | vehicle owner or operator, and the description
of the motor |
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| 1 | | vehicle, including the motor vehicle
identification number. In | 2 | | addition, the invoice shall describe
any modifications made to | 3 | | the vehicle by the commercial vehicle
safety relocator, any | 4 | | observable damage to the vehicle
upon its initial receipt by | 5 | | the commercial vehicle safety relocator,
and any observable | 6 | | damage to the vehicle at the time
of its release to the vehicle | 7 | | owner or operator. The invoice
shall itemize any additional | 8 | | charges and include those charges
in the total presented to the | 9 | | vehicle owner or operator. | 10 | | (c) A legible copy of the invoice shall be given to the
| 11 | | vehicle owner or operator, and a legible copy shall be retained
| 12 | | by the commercial vehicle safety relocator for a period of 5 | 13 | | years from
the date of release of the vehicle. The copy may be | 14 | | retained in
electronic format. Records may be stored at a | 15 | | separate
location. | 16 | | (d) Disclosure forms required in accordance with this | 17 | | Section 18d-120 must be approved by the Commission.
| 18 | | (Source: P.A. 95-562, eff. 7-1-08 .)
| 19 | | Section 999. Effective date. This Act takes effect upon | 20 | | becoming law.".
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