Public Act 094-0650
 		





SB0501 Enrolled
LRB094 03626 DRH 33631 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 
Sections 4-208 and 18a-300 as follows:

 



    (625 ILCS 5/4-208)  (from Ch. 95 1/2, par. 4-208)



    Sec. 4-208. Disposal of unclaimed vehicles. 

    (a) In cities having a
population of more than 500,000, 
whenever an abandoned, lost, stolen or
unclaimed vehicle, or 
vehicle determined to be a hazardous dilapidated
motor vehicle 
pursuant to Section 11-40-3.1 of the Illinois Municipal Code,

remains unclaimed by the registered owner, lienholder or other 
legally
entitled person for a period of 18
15 days after notice 
has been given under
Sections 4-205 and 4-206 of this Code, if 
during that 18 days the possessor of the vehicle has sent an 
additional notice by first class mail to the registered owner, 
lienholder, or other legally entitled person, the vehicle shall 
be disposed,
pursuant to the provisions of the "Municipal 
purchasing act for cities of
500,000 or more population", to a 
person licensed as an automotive parts
recycler, rebuilder or 
scrap processor under Chapter 5 of this Code. With respect to 
any vehicle that has been booted, impounded, or both in 
accordance with subsection (c) of Section 11-208.3, a city with 
a population over 500,000 may establish a program whereby the 
registered owner, lienholder, or other legally entitled person 
is entitled to any proceeds from the disposition of the 
vehicle, less any reasonable storage charges, administrative 
fees, booting fees, towing fees, and parking and compliance 
fines and penalties.


    (b) Except as provided in Section 4-208 for cities with 
more than
500,000 inhabitants, when an abandoned, lost, stolen 
or unclaimed
vehicle 7 years of age or newer remains unclaimed 
by the registered
owner, lienholder or other legally entitled 
persons for a
period of 30 days after notice has been given as 
provided in Sections 4-205
and 4-206 of this Code, the law 
enforcement agency or towing service having
possession of the 
vehicle shall cause it to be sold at public auction to a
person 
licensed as an automotive parts recycler, rebuilder or scrap

processor under Chapter 5 of this Code or the towing operator 
which towed
the vehicle.  Notice of the time and place of the

sale shall be posted in a conspicuous place for at least 10 
days prior to
the sale on the premises where the vehicle has 
been impounded. At least 10
days prior to the sale, the law 
enforcement agency where the vehicle is
impounded, or the 
towing service where the vehicle is impounded, shall
cause a 
notice of the time and place of the sale to be sent by 
certified
mail to the registered owner, lienholder, or other 
legally entitled persons. Notice as provided in Sections 4-205 
and 4-206 of this Code and as
provided in this subsection (b) 
shall state the time and place of
sale and shall
contain a 
complete description
of the vehicle to be sold and what steps 
must be taken by any legally
entitled person to reclaim the 
vehicle.

    (c) If an abandoned, lost, stolen, or unclaimed vehicle 
displays dealer
plates, notice under this Section and Section 
4-209 of this Code shall be sent
to both the dealer and the 
registered owner, lienholder, or other legally
entitled 
persons.

    (d) In those instances where the certified notification 
specified in
Sections 4-205 and 4-206 of this Code has been 
returned by the postal
authorities to the law enforcement 
agency or towing service, the sending of a second
certified 
notice will not be required.

(Source: P.A. 89-433, eff. 12-15-95; 90-330, eff. 8-8-97.)


 



    (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 
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 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 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 was removed 
within one
hour of the removal.  Notification shall include a 
complete description
of the vehicle, registration numbers if 
possible, the locations from
which and to which the vehicle was 
removed, the time of removal, and any
other information 
required by regulation, statute or ordinance;

    (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;

    (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
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. 88-448.)