Bill Text: IL HB4860 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Illinois Vehicle Code and Consumer Fraud and Deceptive Business Practices Act. Provides that it is a violation of the Illinois Vehicle Code and an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act for a person who owns or operates a tow-truck (a tower) or an employee or agent of a tower to: (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 or the owner or operator of the damaged or disabled vehicle. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Passed) 2010-07-29 - Public Act . . . . . . . . . 96-1376 [HB4860 Detail]
Download: Illinois-2009-HB4860-Enrolled.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by adding | ||||||
5 | Section 11-1431 as follows:
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6 | (625 ILCS 5/11-1431 new) | ||||||
7 | Sec. 11-1431. Solicitations at accident or disablement | ||||||
8 | scene prohibited. A tower, as defined by Section 1-205.2 of | ||||||
9 | this Code, or an employee or agent of a tower may not: (i) stop | ||||||
10 | at the scene of a motor vehicle accident or at or near a | ||||||
11 | damaged or disabled vehicle for the purpose of soliciting the | ||||||
12 | owner or operator of the damaged or disabled vehicle to enter | ||||||
13 | into a towing service transaction; or (ii) stop at the scene of | ||||||
14 | an accident or at or near a damaged or disabled vehicle unless | ||||||
15 | called to the location by a law enforcement officer, the | ||||||
16 | Illinois Department of Transportation, the Illinois State Toll | ||||||
17 | Highway Authority, a local agency having jurisdiction over the | ||||||
18 | highway, or the
owner or operator of the damaged or disabled | ||||||
19 | vehicle. This Section shall not apply to employees of the | ||||||
20 | Department, the Illinois State Toll Highway Authority, or local | ||||||
21 | agencies when engaged in their official duties. Nothing in this | ||||||
22 | Section shall prevent a tower from stopping at the scene of a | ||||||
23 | motor vehicle accident or at or near a
damaged or disabled |
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1 | vehicle if the owner or operator signals the tower for | ||||||
2 | assistance from the location of the motor vehicle accident or | ||||||
3 | damaged or disabled vehicle.
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4 | Section 10. The Consumer Fraud and Deceptive Business | ||||||
5 | Practices Act is amended by changing Section 2Z as follows:
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6 | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
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7 | Sec. 2Z. Violations of other Acts. Any person who knowingly | ||||||
8 | violates
the Automotive Repair Act, the Automotive Collision | ||||||
9 | Repair Act,
the Home Repair and Remodeling Act,
the Dance | ||||||
10 | Studio Act,
the Physical Fitness Services Act,
the Hearing | ||||||
11 | Instrument Consumer Protection Act,
the Illinois Union Label | ||||||
12 | Act,
the Job Referral and Job Listing Services Consumer | ||||||
13 | Protection Act,
the Travel Promotion Consumer Protection Act,
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14 | the Credit Services Organizations Act,
the Automatic Telephone | ||||||
15 | Dialers Act,
the Pay-Per-Call Services Consumer Protection | ||||||
16 | Act,
the Telephone Solicitations Act,
the Illinois Funeral or | ||||||
17 | Burial Funds Act,
the Cemetery Care Act,
the Safe and Hygienic | ||||||
18 | Bed Act,
the Pre-Need Cemetery Sales Act,
the High Risk Home | ||||||
19 | Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud | ||||||
20 | Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax | ||||||
21 | Act, the Payday Loan Reform Act, subsection
(a) or (b) of | ||||||
22 | Section 3-10 of the Cigarette Use Tax Act, the Electronic
Mail | ||||||
23 | Act, the Internet Caller Identification Act, paragraph (6)
of
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24 | subsection (k) of Section 6-305 of the Illinois Vehicle Code, |
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1 | Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, or | ||||||
2 | 18d-150 of the Illinois Vehicle Code, Article 3 of the | ||||||
3 | Residential Real Property Disclosure Act, the Automatic | ||||||
4 | Contract Renewal Act, or the Personal Information Protection | ||||||
5 | Act commits an unlawful practice within the meaning of this | ||||||
6 | Act.
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7 | (Source: P.A. 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, | ||||||
8 | eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07; 95-413, | ||||||
9 | eff. 1-1-08; 95-562, eff. 7-1-08; 95-876, eff. 8-21-08; revised | ||||||
10 | 11-4-09.)
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
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