HB2727 104TH GENERAL ASSEMBLY

LRB104 10196 LNS 20268 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2727

Introduced 2/6/2025, by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

625 ILCS 5/1-129.5 new
625 ILCS 5/18a-300	from Ch. 95 1/2, par. 18a-300
625 ILCS 5/18d-115
625 ILCS 5/18d-151 new
625 ILCS 5/18d-152 new

Amends the Illinois Vehicle Code. Provides that it is unlawful to apply for a new commercial vehicle relocator's license or safety relocator's registration certificate while the commercial vehicle relocator's license or safety relocator's registration certificate of the applicant, or an entity that the applicant has an ownership interest in, is suspended. Provides that it is unlawful to apply for a new commercial vehicle relocator's license or safety relocator's registration certificate within 5 years after the date when the commercial vehicle relocator's license or safety relocator's registration certificate of the applicant, or an entity that the applicant has an ownership interest in, was revoked. Provides that it is unlawful to relocate a vehicle of which the commercial vehicle relocator has possession from any premises controlled by the commercial vehicle relocator without (1) providing at least 90 days notice by posting on the premises, visible to the general public, a notice of intent to relocate the vehicle prior to the relocation of the vehicle, and (2) providing at least 60 days notice by mail to the registered address of the registered owner or owners of the vehicle prior to the relocation of the vehicle. Provides that a commercial vehicle safety relocator shall provide a price list indicating both the per mile towing charge and per day storage charge to the driver of the vehicle prior to removing the vehicle, to specified others if the driver cannot be located, or, under specified conditions, mailed within 24 hours to the registered address of the registered vehicle owner.

A BILL FOR

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 18a-300 and 18d-115 and by adding Sections 1-129.5, 18d-151, and 18d-152 as follows:

(625 ILCS 5/1-129.5 new)

Sec. 1-129.5. Immediate family or household member. A spouse, child, parent, brother, sister, grandparent, or grandchild, whether of the whole blood or half blood or by adoption, or a person who shares a common dwelling.

(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, except for vehicles that require a commercial driver's license to operate. Vehicles that require a commercial driver's license to operate shall be disconnected from the tow truck and the owner or operator shall be allowed to remove the vehicle without interference upon the payment of a reasonable service fee of not more than one-half of the posted rate of the towing service per tow vehicle on the scene and up to a maximum of 2 tow vehicles as provided in paragraph 6 of subsection (f) of Section 4-203 of this Code, for which a receipt shall be given;

(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;

(20) To engage in the removal of a commercial motor vehicle that requires a commercial driver's license to operate by operating the vehicle under its own power on a highway without authorization by a law enforcement officer.

(21) To apply for a new relocator's license while the relocator's license of the applicant, or an entity that the applicant or an immediate family member or household member has an ownership interest in, is suspended.

(22) To apply for a new relocator's license within 5 years after the date when the relocator's license of the applicant or an immediate family member or household member, or an entity that the applicant has an ownership interest in, was revoked.

(23) To relocate a vehicle of which the commercial vehicle relocator has possession from any premises controlled by the commercial vehicle relocator without:

(A) providing at least 90 days notice by posting on the premises, visible to the general public, a notice of intent to relocate the vehicle prior to the relocation of the vehicle; and

(B) providing at least 60 days notice by mail to the registered address of the registered owner or owners of the vehicle prior to the relocation of the vehicle.

(Source: P.A. 99-438, eff. 1-1-16.)

(625 ILCS 5/18d-115)

Sec. 18d-115. Safety relocator's registration certificate.

(a) It shall be unlawful for any commercial vehicle safety relocator to operate in any county in which this Chapter is applicable without a valid, current safety relocator's registration certificate issued by the Illinois Commerce Commission. The Illinois Commerce Commission shall issue safety relocator's registration certificates in accordance with administrative rules adopted by the Commission. The Commission may, at any time during the term of the registration certificate, make inquiry, into the licensee's management or conduct of business or otherwise, to determine that the provisions of this Chapter and the rules of the Commission adopted under this Chapter are being observed.

(b) It shall be unlawful for any commercial vehicle safety relocator to apply for a new safety relocator's registration certificate:

(1) while the safety relocator's registration certificate of the applicant or an immediate family member or household member, or an entity that the applicant has an ownership interest in, is suspended; or

(2) within 5 years after the date when the safety relocator's registration certificate of the applicant or an immediate family member or household member, or an entity that the applicant has an ownership interest in, was revoked.

(Source: P.A. 95-562, eff. 7-1-08.)

(625 ILCS 5/18d-151 new)

Sec. 18d-151. Relocation notice requirements. A commercial vehicle safety relocator with a safety relocator's registration certificate, in order to relocate a vehicle of which the commercial vehicle relocator has possession from any premises controlled by the commercial vehicle relocator, shall provide:

(1) at least 90 days notice by posting on the premises, visible to the general public, a notice of intent to relocate the vehicle prior to the relocation of the vehicle; and

(2) at least 60 days notice by mail to the registered address of the registered owner or owners of the vehicle prior to the relocation of the vehicle.

(625 ILCS 5/18d-152 new)

Sec. 18d-152. Price list. A commercial vehicle safety relocator shall provide a printed legible price list indicating both the per mile towing charge and per day storage charge to the driver of the vehicle prior to removing the vehicle. If the driver of the vehicle cannot be located prior to removing the vehicle and the person authorizing the tow is not a law enforcement officer, then the price list shall be provided to the person authorizing the tow. If the driver of the vehicle cannot be located and the person authorizing the tow is a law enforcement officer, then the price list shall be provided to any other occupant of the vehicle. If the driver of the vehicle cannot be located and no occupant of the vehicle is present, then the price list shall be mailed within 24 hours to the registered address of the registered vehicle owner. If a printed price list cannot be provided for any reason other than failure of the commercial vehicle safety relocator to have a printed list available, then an electronic version may be provided.