Bill Amendment: IL SB2261 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: RELOCATION TOWING LIC COMM ACT

Status: 2016-08-19 - Public Act . . . . . . . . . 99-0848 [SB2261 Detail]

Download: Illinois-2015-SB2261-House_Amendment_003.html

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Rep. Michael J. Zalewski

Filed: 5/27/2016

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AMENDMENT TO SENATE BILL 2261
AMENDMENT NO. ______. Amend Senate Bill 2261 by replacing
everything after the enacting clause with the following:
"Section 1. Short Title. This Act may be cited as the
Statewide Relocation Towing Licensure Commission Act.
Section 5. The Statewide Relocation Towing Licensure
Commission.
(a) There is hereby created the Statewide Relocation Towing
Licensure Commission.
(b) Within 60 days after the effective date of this Act,
the members of the Commission shall be appointed with the
following members:
(1) one member of the General Assembly, appointed by
the President of the Senate;
(2) one member of the General Assembly, appointed by
the Minority Leader of the Senate;

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

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

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county or municipality; and
(3) any other matters the Commission deems necessary.
Section 20. Repealer. This Act is repealed on January 1,
2018.
Section 105. The Illinois Vehicle Code is amended by
changing Sections 11-208.7 and 11-1431 as follows:
(625 ILCS 5/11-208.7)
Sec. 11-208.7. Administrative fees and procedures for
impounding vehicles for specified violations.
(a) Any county or municipality may, consistent with this
Section, provide by ordinance procedures for the release of
properly impounded vehicles and for the imposition of a
reasonable administrative fee related to its administrative
and processing costs associated with the investigation,
arrest, and detention of an offender, or the removal,
impoundment, storage, and release of the vehicle. The
administrative fee imposed by the county or municipality may be
in addition to any fees charged for the towing and storage of
an impounded vehicle. The administrative fee shall be waived by
the county or municipality upon verifiable proof that the
vehicle was stolen at the time the vehicle was impounded.
(b) An Any ordinance establishing procedures for the
release of properly impounded vehicles under this Section may

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

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

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

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

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

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

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

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

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