Bill Text: IL HB1399 | 2015-2016 | 99th General Assembly | Introduced

---

Bill Title: Amends the Illinois Commercial Relocation of Trespassing Vehicles Law of the Illinois Vehicle Code. Makes it unlawful for a commercial vehicle relocator to remove a trespassing vehicle from private property without notifying the law enforcement authorities in the jurisdiction where the vehicle is located prior to removal of the vehicle (rather than within one hour of the vehicle's removal). A violation is a Class C misdemeanor, a civil penalty of not less than $100 nor more than $1,000 may also be imposed, and the relocator's license may be subject to suspension or revocation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB1399 Detail]

Download: Illinois-2015-HB1399-Introduced.html

---

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB1399 Introduced , by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED:
625 ILCS 5/18a-300 from Ch. 95 1/2, par. 18a-300
Amends the Illinois Commercial Relocation of Trespassing Vehicles Law of the Illinois Vehicle Code. Makes it unlawful for a commercial vehicle relocator to remove a trespassing vehicle from private property without notifying the law enforcement authorities in the jurisdiction where the vehicle is located prior to removal of the vehicle (rather than within one hour of the vehicle's removal). A violation is a Class C misdemeanor, a civil penalty of not less than $100 nor more than $1,000 may also be imposed, and the relocator's license may be subject to suspension or revocation.
LRB099 00148 MRW 20148 b
A BILL FOR
HB1399 LRB099 00148 MRW 20148 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Section 18a-300 as follows:
(625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
Sec. 18a-300. Commercial vehicle relocators - Unlawful
practices. It shall be unlawful for any commercial vehicle
relocator:
(1) To operate in any county in which this Chapter is
applicable without a valid, current relocator's license as
provided in Article IV of this Chapter;
(2) To employ as an operator, or otherwise so use the
services of, any person who does not have at the
commencement of employment or service, or at any time
during the course of employment or service, a valid,
current operator's employment permit, or temporary
operator's employment permit issued in accordance with
Sections 18a-403 or 18a-405 of this Chapter; or to fail to
notify the Commission, in writing, of any known criminal
conviction of any employee occurring at any time before or
during the course of employment or service;
(3) To employ as a dispatcher, or otherwise so use the

HB1399 - 2 - LRB099 00148 MRW 20148 b
services of, any person who does not have at the
commencement of employment or service, or at any time
during the course of employment or service, a valid,
current dispatcher's or operator's employment permit or
temporary dispatcher's or operator's employment permit
issued in accordance with Sections 18a-403 or 18a-407 of
this Chapter; or to fail to notify the Commission, in
writing, of any known criminal conviction of any employee
occurring at any time before or during the course of
employment or service;
(4) To operate upon the highways of this State any
vehicle used in connection with any commercial vehicle
relocation service unless:
(A) There is painted or firmly affixed to the
vehicle on both sides of the vehicle in a color or
colors vividly contrasting to the color of the vehicle
the name, address and telephone number of the
relocator. The Commission shall prescribe reasonable
rules and regulations pertaining to insignia to be
painted or firmly affixed to vehicles and shall waive
the requirements of the address on any vehicle in cases
where the operator of a vehicle has painted or
otherwise firmly affixed to the vehicle a seal or trade
mark that clearly identifies the operator of the
vehicle; and
(B) There is carried in the power unit of the

HB1399 - 3 - LRB099 00148 MRW 20148 b
vehicle a certified copy of the currently effective
relocator's license and operator's employment permit.
Copies may be photographed, photocopied, or reproduced
or printed by any other legible and durable process.
Any person guilty of not causing to be displayed a copy
of his relocator's license and operator's employment
permit may in any hearing concerning the violation be
excused from the payment of the penalty hereinafter
provided upon a showing that the license was issued by
the Commission, but was subsequently lost or
destroyed;
(5) To operate upon the highways of this State any
vehicle used in connection with any commercial vehicle
relocation service that bears the name or address and
telephone number of any person or entity other than the
relocator by which it is owned or to which it is leased;
(6) To advertise in any newspaper, book, list,
classified directory or other publication unless there is
contained in the advertisement the license number of the
relocator;
(7) To remove any vehicle from private property without
having first obtained the written authorization of the
property owner or other person in lawful possession or
control of the property, his authorized agent, or an
authorized law enforcement officer. The authorization may
be on a contractual basis covering a period of time or

HB1399 - 4 - LRB099 00148 MRW 20148 b
limited to a specific removal;
(8) To charge the private property owner, who requested
that an unauthorized vehicle be removed from his property,
with the costs of removing the vehicle contrary to any
terms that may be a part of the contract between the
property owner and the commercial relocator. Nothing in
this paragraph shall prevent a relocator from assessing,
collecting, or receiving from the property owner, lessee,
or their agents any fee prescribed by the Commission;
(9) To remove a vehicle when the owner or operator of
the vehicle is present or arrives at the vehicle location
at any time prior to the completion of removal, and is
willing and able to remove the vehicle immediately;
(10) To remove any vehicle from property on which signs
are required and on which there are not posted appropriate
signs under Section 18a-302;
(11) To fail to notify law enforcement authorities in
the jurisdiction in which the trespassing vehicle is
located prior to removal of the vehicle was removed within
one hour of the removal. Notification shall include a
complete description of the vehicle, registration numbers
if possible, the location from which the vehicle is to be
locations from which and to which the vehicle was removed,
the location to which the vehicle will be relocated, the
expected time of removal, and any other information
required by regulation, statute, or ordinance;

HB1399 - 5 - LRB099 00148 MRW 20148 b
(12) To impose any charge other than in accordance with
the rates set by the Commission as provided in paragraph
(6) of Section 18a-200 of this Chapter;
(13) To fail, in the office or location at which
relocated vehicles are routinely returned to their owners,
to prominently post the name, address and telephone number
of the nearest office of the Commission to which inquiries
or complaints may be sent;
(13.1) To fail to distribute to each owner or operator
of a relocated vehicle, in written form as prescribed by
Commission rule or regulation, the relevant statutes,
regulations and ordinances governing commercial vehicle
relocators, including, in at least 12 point boldface type,
the name, address and telephone number of the nearest
office of the Commission to which inquiries or complaints
may be sent;
(13.2) To fail, in the office or location at which
relocated vehicles are routinely returned to their owners,
to ensure that the relocator's representative provides
suitable evidence of his or her identity to the owners of
relocated vehicles upon request;
(14) To remove any vehicle, otherwise in accordance
with this Chapter, more than 15 air miles from its location
when towed from a location in an unincorporated area of a
county or more than 10 air miles from its location when
towed from any other location;

HB1399 - 6 - LRB099 00148 MRW 20148 b
(15) To fail to make a telephone number available to
the police department of any municipality in which a
relocator operates at which the relocator or an employee of
the relocator may be contacted at any time during the hours
in which the relocator is engaged in the towing of
vehicles, or advertised as engaged in the towing of
vehicles, for the purpose of effectuating the release of a
towed vehicle; or to fail to include the telephone number
in any advertisement of the relocator's services published
or otherwise appearing on or after the effective date of
this amendatory Act; or to fail to have an employee
available at any time on the premises owned or controlled
by the relocator for the purposes of arranging for the
immediate release of the vehicle.
Apart from any other penalty or liability authorized
under this Act, if after a reasonable effort, the owner of
the vehicle is unable to make telephone contact with the
relocator for a period of one hour from his initial attempt
during any time period in which the relocator is required
to respond at the number, all fees for towing, storage, or
otherwise are to be waived. Proof of 3 attempted phone
calls to the number provided to the police department by an
officer or employee of the department on behalf of the
vehicle owner within the space of one hour, at least 2 of
which are separated by 45 minutes, shall be deemed
sufficient proof of the owner's reasonable effort to make

HB1399 - 7 - LRB099 00148 MRW 20148 b
contact with the vehicle relocator. Failure of the
relocator to respond to the phone calls is not a criminal
violation of this Chapter;
(16) To use equipment which the relocator does not own,
except in compliance with Section 18a-306 of this Chapter
and Commission regulations. No equipment can be leased to
more than one relocator at any time. Equipment leases shall
be filed with the Commission. If equipment is leased to one
relocator, it cannot thereafter be leased to another
relocator until a written cancellation of lease is properly
filed with the Commission;
(17) To use drivers or other personnel who are not
employees or contractors of the relocator;
(18) To fail to refund any amount charged in excess of
the reasonable rate established by the Commission;
(19) To violate any other provision of this Chapter, or
of Commission regulations or orders adopted under this
Chapter.
(Source: P.A. 94-650, eff. 1-1-06.)