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| Public Act 099-0848
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| SB2261 Enrolled | LRB099 16684 AXK 41022 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short Title. This Act may be cited as the |
Statewide Relocation Towing Licensure Commission Act.
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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; |
(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 |
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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. |
(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.
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Section 10. Meetings. |
(a) Each member of the Commission shall have voting rights |
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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.
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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 |
county or municipality; and |
(3) any other matters the Commission deems necessary.
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Section 20. Repealer. This Act is repealed on January 1, |
2018.
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Section 105. The Illinois Vehicle Code is amended by |
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changing Sections 11-208.7 and 11-1431 as follows:
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(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 |
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 |
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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 |
(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 |
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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
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misdemeanor or felony offense in violation of the Criminal |
Code of 1961 or the Criminal Code of 2012, when so provided |
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. |
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(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 |
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 |
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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
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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 |
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: |
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(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
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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; |
(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; |
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(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 |
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 |
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Administrative Review Law may be enforced in the same manner as |
a judgment entered by a court of
competent jurisdiction.
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(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.)
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(625 ILCS 5/11-1431) |
Sec. 11-1431. Solicitations at accident or disablement |
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 |
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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.
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(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 |
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 |
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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.)
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