Bill Amendment: IL SB2261 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: RELOCATION TOWING LIC COMM ACT
Status: 2016-08-19 - Public Act . . . . . . . . . 99-0848 [SB2261 Detail]
Download: Illinois-2015-SB2261-House_Amendment_001.html
Bill Title: RELOCATION TOWING LIC COMM ACT
Status: 2016-08-19 - Public Act . . . . . . . . . 99-0848 [SB2261 Detail]
Download: Illinois-2015-SB2261-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 2261
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2 | AMENDMENT NO. ______. Amend Senate Bill 2261 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short Title. This Act may be cited as the | ||||||
5 | Statewide Relocation Towing Licensure Commission Act.
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6 | Section 5. The Statewide Relocation Towing Licensure | ||||||
7 | Commission. | ||||||
8 | (a) There is hereby created the Statewide Relocation Towing | ||||||
9 | Licensure Commission. | ||||||
10 | (b) Within 60 days after the effective date of this Act, | ||||||
11 | the members of the Commission shall be appointed with the | ||||||
12 | following 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 | ||||||
2 | compensation for serving as members of the Commission. | ||||||
3 | (d) The Illinois Commerce Commission shall provide | ||||||
4 | administrative and other support to the Commission.
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5 | Section 10. Meetings. | ||||||
6 | (a) Each member of the Commission shall have voting rights | ||||||
7 | and all actions and recommendations shall be approved by a | ||||||
8 | simple majority vote of the members. | ||||||
9 | (b) The Commission shall meet no less than 3 times before | ||||||
10 | the end of the calendar year in which this Act of the 99th | ||||||
11 | General Assembly becomes effective. | ||||||
12 | (c) At the initial meeting, the Commission shall elect one | ||||||
13 | member as a Chairperson, through a simple majority vote, who | ||||||
14 | shall thereafter call any subsequent meetings.
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15 | Section 15. Reporting. | ||||||
16 | (a) No later than July 1, 2017, the Commission shall submit | ||||||
17 | a report to the Governor and to the General Assembly, which | ||||||
18 | shall 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.
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3 | Section 20. Repealer. This Act is repealed on January 1, | ||||||
4 | 2018.
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5 | Section 105. The Illinois Vehicle Code is amended by | ||||||
6 | changing Sections 11-208.7, 11-1431, 18d-120, and 18d-125 as | ||||||
7 | follows:
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8 | (625 ILCS 5/11-208.7) | ||||||
9 | Sec. 11-208.7. Administrative fees and procedures for | ||||||
10 | impounding vehicles for specified violations. | ||||||
11 | (a) Any county or municipality may, consistent with this | ||||||
12 | Section, provide by ordinance procedures for the release of | ||||||
13 | properly impounded vehicles and for the imposition of a | ||||||
14 | reasonable administrative fee related to its administrative | ||||||
15 | and processing costs associated with the investigation, | ||||||
16 | arrest, and detention of an offender, or the removal, | ||||||
17 | impoundment, storage, and release of the vehicle. The | ||||||
18 | administrative fee imposed by the county or municipality may be | ||||||
19 | in addition to any fees
charged for the towing and storage of | ||||||
20 | an impounded vehicle. The administrative fee shall be waived by | ||||||
21 | the county or municipality upon verifiable proof that the | ||||||
22 | vehicle was stolen at the time the vehicle was impounded. | ||||||
23 | (b) An Any ordinance establishing procedures for the |
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1 | release of properly impounded vehicles under this Section may | ||||||
2 | impose 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
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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 | ||||||
10 | administrative and processing costs pursuant to subsection | ||||||
11 | (b): | ||||||
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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1 | of properly impounded vehicles under this Section shall provide | ||||||
2 | for 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 | ||||||
4 | the vehicle to the owner of record, lessee, or a lienholder of | ||||||
5 | record upon payment of all administrative fees and towing and | ||||||
6 | storage fees. | ||||||
7 | (e) Any ordinance establishing procedures for the | ||||||
8 | impoundment
and release of vehicles under this Section shall | ||||||
9 | include the following provisions concerning notice of | ||||||
10 | impoundment: | ||||||
11 | (1) Whenever
a police officer has cause to believe that | ||||||
12 | a motor vehicle is subject to impoundment, the officer
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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 | ||||||
5 | impoundment and
release of vehicles under this Section shall | ||||||
6 | include a provision providing that the
registered owner or | ||||||
7 | lessee of the vehicle and any lienholder of record shall be | ||||||
8 | provided 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
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20 | subdivision (b)(4) of Section 11-208.3 of this Code relating to | ||||||
21 | administrative hearings, any ordinance providing for the | ||||||
22 | impoundment
and release of vehicles under this Section shall | ||||||
23 | include the following requirements concerning administrative | ||||||
24 | hearings: | ||||||
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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1 | storage facility
within 35 days after the administrative | ||||||
2 | hearing officer issues a written decision shall be deemed | ||||||
3 | abandoned and disposed of in accordance with the provisions of | ||||||
4 | Article II of Chapter
4 of this Code. | ||||||
5 | (i) Unless stayed by a court of competent jurisdiction, any | ||||||
6 | fine, penalty, or administrative fee imposed under this
Section | ||||||
7 | which remains unpaid in whole or in part after the expiration | ||||||
8 | of the deadline for seeking judicial
review under the | ||||||
9 | Administrative Review Law may be enforced in the same manner as | ||||||
10 | a judgment entered by a court of
competent jurisdiction.
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11 | (Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13; | ||||||
12 | 98-518, eff. 8-22-13; 98-734, eff. 1-1-15; 98-756, eff. | ||||||
13 | 7-16-14 .)
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14 | (625 ILCS 5/11-1431) | ||||||
15 | Sec. 11-1431. Solicitations at accident or disablement | ||||||
16 | scene prohibited. | ||||||
17 | (a) A tower, as defined by Section 1-205.2 of this Code, or | ||||||
18 | an employee or agent of a tower may not: (i) stop at the scene | ||||||
19 | of a motor vehicle accident or at or near a damaged or disabled | ||||||
20 | vehicle for the purpose of soliciting the owner or operator of | ||||||
21 | the damaged or disabled vehicle to enter into a towing service | ||||||
22 | transaction; or (ii) stop at the scene of an accident or at or | ||||||
23 | near a damaged or disabled vehicle unless called to the | ||||||
24 | location by a law enforcement officer, the Illinois Department | ||||||
25 | of Transportation, the Illinois State Toll Highway Authority, a |
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1 | local agency having jurisdiction over the highway, or the
owner | ||||||
2 | or operator of the damaged or disabled vehicle , or the owner or | ||||||
3 | operator's authorized agent, including his or her insurer or | ||||||
4 | motor club of which the owner or operator is a member . This | ||||||
5 | Section shall not apply to employees of the Department, the | ||||||
6 | Illinois State Toll Highway Authority, or local agencies when | ||||||
7 | engaged in their official duties. Nothing in this Section shall | ||||||
8 | prevent a tower from stopping at the scene of a motor vehicle | ||||||
9 | accident or at or near a
damaged or disabled vehicle if the | ||||||
10 | owner or operator signals the tower for assistance from the | ||||||
11 | location of the motor vehicle accident or damaged or disabled | ||||||
12 | vehicle.
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13 | (b) A person or company who violates this Section is guilty | ||||||
14 | of a Class 4 felony business offense and shall be required to | ||||||
15 | pay a fine of more than $500, but not more than $1,000 . A | ||||||
16 | person convicted of violating this Section shall also have his | ||||||
17 | or her driver's license, permit, or privileges suspended for 3 | ||||||
18 | months. After the expiration of the 3 month suspension, the | ||||||
19 | person's driver's license, permit, or privileges shall not be | ||||||
20 | reinstated until he or she has paid a reinstatement fee of | ||||||
21 | $100. If a person violates this Section while his or her | ||||||
22 | driver's license, permit, or privileges are suspended under | ||||||
23 | this subsection (b), his or her driver's license, permit, or | ||||||
24 | privileges shall be suspended for an additional 6 months, and | ||||||
25 | shall not be reinstated after the expiration of the 6 month | ||||||
26 | suspension until he or she pays a reinstatement fee of $100. |
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1 | (Source: P.A. 99-438, eff. 1-1-16 .)
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2 | (625 ILCS 5/18d-120)
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3 | Sec. 18d-120. Disclosure to vehicle owner or operator | ||||||
4 | before towing of damaged or disabled vehicle commences. | ||||||
5 | (a) A commercial vehicle safety relocator shall not
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6 | commence the towing of a damaged or disabled vehicle without
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7 | specific authorization from the vehicle owner or operator after
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8 | the disclosures set forth in this Section. | ||||||
9 | (b) Every commercial vehicle safety relocator shall,
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10 | before towing a damaged or disabled vehicle, give to each
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11 | vehicle owner or operator a written disclosure providing: | ||||||
12 | (1) The formal business name of the commercial vehicle
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13 | safety relocator, as registered with the Illinois
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14 | Secretary of State, and its business address and telephone
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15 | number. | ||||||
16 | (2) The address of the location to which the vehicle
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17 | shall be relocated. | ||||||
18 | (3) The cost of all relocation, storage, and any other
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19 | fees, without limitation, that the commercial vehicle
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20 | safety relocator will charge for its services. | ||||||
21 | (4) An itemized description of the vehicle owner or
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22 | operator's rights under this Code, as follows: | ||||||
23 | "As a customer, you also have the following rights
under | ||||||
24 | Illinois 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
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7 | charges, as well as any damage to the vehicle upon its
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8 | receipt and return to you, must be provided; | ||||||
9 | (4) Upon your demand, your vehicle must be returned
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10 | during business hours, upon your prompt payment of all
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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 | ||||||
19 | copy of the completed disclosure required by this
Section to | ||||||
20 | the vehicle owner or operator, before towing the
damaged or | ||||||
21 | disabled vehicle, and shall maintain an identical
copy of the | ||||||
22 | completed disclosure in its records for a minimum
of 5 years | ||||||
23 | after the transaction concludes. | ||||||
24 | (d) If the vehicle owner or operator is incapacitated,
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25 | incompetent, or otherwise unable to knowingly accept receipt of
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26 | the disclosure described in this Section, the commercial
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1 | vehicle safety relocator shall provide a completed copy of
the | ||||||
2 | disclosure to local law enforcement and, if known, the
vehicle | ||||||
3 | owner or operator's automobile insurance company. | ||||||
4 | (e) If the commercial vehicle safety relocator fails
to | ||||||
5 | comply with the requirements of this Section, the commercial
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6 | vehicle safety relocator shall be prohibited from seeking
any | ||||||
7 | compensation whatsoever from the vehicle owner or operator,
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8 | including but not limited to any towing, storage, or other
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9 | incidental fees. Furthermore, if the commercial vehicle
safety | ||||||
10 | relocator or operator fails to comply with the requirements of
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11 | this Section, any contracts entered into by the commercial
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12 | vehicle safety relocator and the vehicle owner or operator
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13 | shall be deemed null, void, and unenforceable.
A vehicle owner, | ||||||
14 | or his or her authorized agent or automobile insurer, may bring | ||||||
15 | a claim against a commercial vehicle safety relocator who | ||||||
16 | willfully and materially violates this Section. A court may | ||||||
17 | award the prevailing party reasonable attorney's fees, costs, | ||||||
18 | and expenses relating to that action.
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19 | (Source: P.A. 95-562, eff. 7-1-08 .)
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20 | (625 ILCS 5/18d-125)
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21 | Sec. 18d-125. Disclosures to vehicle owners or operators;
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22 | invoices. | ||||||
23 | (a) Upon demand of the vehicle owner or operator, the
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24 | commercial vehicle safety relocator shall provide an
itemized | ||||||
25 | final invoice that fairly and accurately documents the
charges |
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1 | owed by the vehicle owner or operator for relocation of
damaged | ||||||
2 | or disabled vehicles. The final estimate or invoice
shall | ||||||
3 | accurately record in writing all of the items set forth
in this | ||||||
4 | Section. | ||||||
5 | (b) The final invoice shall show the formal business name
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6 | of the commercial vehicle safety relocator, as
registered with | ||||||
7 | the Illinois Secretary of State, its business
address and | ||||||
8 | telephone number, the date of the invoice, the
odometer reading | ||||||
9 | at the time the final invoice was prepared,
the name of the | ||||||
10 | vehicle owner or operator, and the description
of the motor | ||||||
11 | vehicle, including the motor vehicle
identification number. In | ||||||
12 | addition, the invoice shall describe
any modifications made to | ||||||
13 | the vehicle by the commercial vehicle
safety relocator, any | ||||||
14 | observable damage to the vehicle
upon its initial receipt by | ||||||
15 | the commercial vehicle safety relocator,
and any observable | ||||||
16 | damage to the vehicle at the time
of its release to the vehicle | ||||||
17 | owner or operator. The invoice
shall itemize any additional | ||||||
18 | charges and include those charges
in the total presented to the | ||||||
19 | vehicle owner or operator. | ||||||
20 | (c) A legible copy of the invoice shall be given to the
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21 | vehicle owner or operator, and a legible copy shall be retained
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22 | by the commercial vehicle safety relocator for a period of 5 | ||||||
23 | years from
the date of release of the vehicle. The copy may be | ||||||
24 | retained in
electronic format. Records may be stored at a | ||||||
25 | separate
location. | ||||||
26 | (d) Disclosure forms required in accordance with this |
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1 | Section 18d-120 must be approved by the Commission.
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2 | (Source: P.A. 95-562, eff. 7-1-08 .)
| ||||||
3 | Section 999. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
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