101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2921

 

Introduced , by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-1431

    Amends the Illinois Vehicle Code. Provides that a tower or the employee or agent of a tower that is summoned, or is alleging it was summoned, to the scene of an accident or disabled or damaged vehicle shall possess specified information, in writing or in an electronic record, before arriving at the scene. Provides that the tower shall make the information available to law enforcement, upon request, from the time the tower appears at the scene until the time the vehicle is towed and released to a third party, and shall maintain that information for 3 years. Provides that the tower shall make the information available for inspection and copying within 48 hours of a written request by any law enforcement officer or law enforcement entity, the Illinois Commerce Commission, or the Attorney General. Provides that a tower shall furnish the vehicle's owner or operator with a written itemized estimate of all charges and services to be performed. Provides that a tower shall obtain the vehicle owner's or operator's signature on the itemized estimate and shall furnish a copy to the person who signed the estimate. Provides that a tower shall not charge a towing, clean-up, service, or vehicle storage fee that is excessive or unfairly discriminatory. In penalty provisions, provides that a person who knowingly violates (rather than violates) the provisions is guilty of a Class 4 felony. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2921LRB101 10966 TAE 56143 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-1431 as follows:
 
6    (625 ILCS 5/11-1431)
7    Sec. 11-1431. Solicitations at accident or disablement
8scene prohibited.
9    (a) A tower, as defined by Section 1-205.2 of this Code, or
10an employee or agent of a tower may not: (i) stop at the scene
11of a motor vehicle accident or at or near a damaged or disabled
12vehicle for the purpose of soliciting the owner or operator of
13the damaged or disabled vehicle to enter into a towing service
14transaction; or (ii) stop at the scene of an accident or at or
15near a damaged or disabled vehicle unless called to the
16location by a law enforcement officer, the Illinois Department
17of Transportation, the Illinois State Toll Highway Authority, a
18local agency having jurisdiction over the highway, the owner or
19operator of the damaged or disabled vehicle, or the owner or
20operator's authorized agent, including his or her insurer or
21motor club of which the owner or operator is a member. This
22Section shall not apply to employees of the Department, the
23Illinois State Toll Highway Authority, or local agencies when

 

 

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1engaged in their official duties. Nothing in this Section shall
2prevent a tower from stopping at the scene of a motor vehicle
3accident or at or near a damaged or disabled vehicle if the
4owner or operator signals the tower for assistance from the
5location of the motor vehicle accident or damaged or disabled
6vehicle.
7    (a-1) A tower or the employee or agent of a tower that is
8summoned, or is alleging it was summoned, to the scene of an
9accident or disabled or damaged vehicle shall possess the
10following information in writing before arriving at the scene:
11        (1) the first and last name and working telephone
12    number of the person who summoned it to the scene;
13        (2) the make, model, year, and license plate number of
14    the disabled vehicle;
15        (3) the date and time it was summoned to the scene; and
16        (4) the name of the person who obtained the information
17    in items (1), (2), and (3).
18    As used in this subsection, "in writing" includes an
19electronic record.
20    (a-2) A tower shall make the written information described
21in subsection (a-1) available to law enforcement, upon request,
22from the time the tower appears at the scene until the time the
23vehicle is towed and released to a third party, and shall
24maintain the information for 3 years. The tower shall make the
25information available for inspection and copying within 48
26hours of a written request by any law enforcement officer or

 

 

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1law enforcement entity, the Illinois Commerce Commission, or
2the Attorney General.
3    (a-3) Before attaching a vehicle to the tow truck, if the
4vehicle owner or operator is present at the time and location
5of the anticipated tow, the tower shall furnish the vehicle's
6owner or operator with a written itemized estimate of all
7charges and services to be performed. The estimate shall
8include the following:
9        (1) the name, address, telephone number, and
10    commercial vehicle relocator's license number of the
11    tower;
12        (2) the license plate number of the tow truck
13    performing the tow;
14        (3) the first and last name of the towing operator,
15    and, if different than the towing operator, the first and
16    last name of the person from the towing company furnishing
17    the estimate; and
18        (4) a description and cost for all services, including,
19    but not limited to, charges for labor, special equipment,
20    mileage from dispatch to return, and storage fees,
21    expressed as a 24-hour rate.
22    The estimate may be furnished after the vehicle is attached
23and removed to the nearest safe shoulder or street if done at
24the request of a law enforcement or public agency and the
25estimate is furnished before the removal of the vehicle from
26the nearest safe shoulder or street.

 

 

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1    (a-4) The tower shall obtain the vehicle owner's or
2operator's signature on the itemized estimate provided under
3subsection (a-3) and shall furnish a copy to the person who
4signed the estimate.
5    (a-5) A tower shall not charge a towing, clean-up, service,
6or vehicle storage fee that is excessive or unfairly
7discriminatory.
8    (b) A person or company who knowingly violates this Section
9is guilty of a Class 4 felony. A person convicted of violating
10this Section shall also have his or her driver's license,
11permit, or privileges suspended for 3 months. After the
12expiration of the 3-month suspension, the person's driver's
13license, permit, or privileges shall not be reinstated until he
14or she has paid a reinstatement fee of $100. If a person
15violates this Section while his or her driver's license,
16permit, or privileges are suspended under this subsection (b),
17his or her driver's license, permit, or privileges shall be
18suspended for an additional 6 months, and shall not be
19reinstated after the expiration of the 6-month suspension until
20he or she pays a reinstatement fee of $100. A vehicle owner, or
21his or her authorized agent or automobile insurer, may bring a
22claim against a company or person who willfully and materially
23violates this Section. A court may award the prevailing party
24reasonable attorney's fees, costs, and expenses relating to
25that action.
26(Source: P.A. 99-438, eff. 1-1-16; 99-848, eff. 8-19-16;

 

 

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1100-201, eff. 8-18-17.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.