HB0588ham001 103RD GENERAL ASSEMBLY

Rep. Jennifer Gong-Gershowitz

Filed: 4/17/2024

10300HB0588ham001 LRB103 04173 AWJ 72516 a

AMENDMENT TO HOUSE BILL 588

AMENDMENT NO. ______. Amend House Bill 588 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Regulation of Intercity Buses Act.

Section 2. Purpose. The purpose of this Act is to protect the health and safety of people traveling on intercity buses by regulating when and where carriers, operators, and bus drivers can load and unload passengers. Buses with regular schedules and stops provide local officials with sufficient information to support passenger safety, including in an emergency, in inclement weather, and when resources are needed. This Act will ensure that passengers of all intercity buses will have similar support.

Section 5. Definitions.

(a) As used in this Act:

"Carrier" means any natural individual or firm, trust, partnership, association, joint venture, corporation, or other legal entity with an ownership interest in, or right of management or control of, an intercity bus.

"Designated days and hours" means the time during which intercity buses may load or unload passengers.

"Designated transportation official" means a commissioner, director of transportation, or other official designated by a municipality's or county's local ordinance. If no ordinance designates a designated transportation official, the chief of police shall be deemed the designated transportation official for a municipality and the sheriff of a county shall be deemed the designated transportation official for unincorporated areas within that county.

"Eligible weekday" means Monday through Friday, except a day upon which a State holiday falls.

"Intercity bus" means a bus engaged in the transportation of persons from one county, municipality, or township to another county, municipality, or township, excluding:

(1) school buses, buses operated by institutions of higher education, including universities, colleges, and community colleges, in connection with any activity of such entity, and buses providing transportation for school events;

(2) commuter vans;

(3) shuttle buses;

(4) buses that are operating as part of a public transportation system, including, but not limited to, the Chicago Transit Authority, the Regional Transportation Authority (including buses of the Suburban Bus Division), and the Metropolitan Saint Louis Transit Agency;

(5) buses with fixed routes that operate trips involving loading and unloading passengers on predictable and recurring bases, that follow a schedule that is published in advance and available to the general public, and that provide service in exchange for paying a fare; and

(6) buses used to carry members of a team, club, or other athletic, charitable, or social group on a prearranged trip for attending an organized, scheduled athletic, charitable, or social event and that return the passengers to the point of origin following such event.

"Landing zone" means a location identified by the designated transportation official for intercity buses to load or unload passengers.

"Shuttle buses" means motor vehicles designed for the transportation of more than 16 passengers that are:

(1) used in a ridesharing arrangement; or

(2) owned or leased by or on behalf of a company or an employee organization and operated on a nonprofit basis with the primary purpose of transporting employees of the company between the company's place of business and the employees' homes or a public transportation station and in which the operating, administrative, maintenance, and reasonable depreciation costs are paid principally by the persons utilizing the shuttle bus.

"State holiday" has the meaning ascribed to it in Section 1-6 of the Election Code.

(b) All definitions in Chapter 1 of the Illinois Vehicle Code are incorporated and applicable to this Act except when the context otherwise requires.

Section 10. Requirements for intercity bus service.

(a) Landing zones. The designated transportation official for each municipality or county may identify, on its official municipal or county public website, if it has one, and conspicuously post in the primary office of the municipality or county, one or more landing zones where intercity buses shall be allowed to load and unload passengers by specifying the street address. The designated transportation official shall select the landing zone or zones by identifying and selecting a safe location for the loading and unloading of passengers that provides passengers access to heated and sheltered premises from November 1 through April 30. A designated transportation official shall also consider traffic safety, access to public safety resources, and access to public transportation when selecting a landing zone. The designated transportation official may change the location of a landing zone or close a landing zone by providing 7-days' notice by posting on the municipality's or county's public website, if it has one, and by conspicuously posting in the primary office of the municipality or county.

(b) Designated days and hours for loading or unloading passengers. The designated days and hours for loading or unloading passengers shall be between the hours of 9:00 a.m. and 5:00 p.m. on any eligible weekday. The designated transportation official may shorten the designated days and hours to a minimum of a 5-hour time period between the hours of 9:00 a.m. and 5:00 p.m., each eligible weekday. In order to shorten the time period, the designated transportation official must post that time period with a 7-day notice provided on the municipality's or county's public website, if it has one, and conspicuously posted in the primary office of the municipality or county.

(c) Loading and unloading passengers. If a landing zone is identified in a county or municipality, an intercity bus shall only load or unload passengers in a municipality's or county's landing zone during the municipality's or county's designated days and hours for loading or unloading passengers. If a landing zone is not identified in a county or municipality, an intercity bus shall not load or unload passengers at a location where passengers do not have immediate and lawful access to a heated and sheltered premises from November 1 through April 30.

(d) If a landing zone is not identified, all other provisions of this Act shall remain in full force and effect.

Section 15. Penalties.

(a) A person commits the offense of unlawfully operating an intercity bus if that person is the carrier, operator, or driver of an intercity bus that loads or unloads passengers in a municipality or county in violation of subsection (c) of Section 10.

(b) A person found in violation of subsection (c) of Section 10 shall be guilty of a Class A misdemeanor and fined not less than $1,000 for the first offense.

(c) A person found in violation of subsection (c) of Section 10 shall be guilty of a Class A misdemeanor and fined not less than $2,500 for any subsequent offense.

(d) Law enforcement agencies shall report all violations of this Act to the Illinois State Police.

(e) Local law enforcement officers, including, but not limited to, those of a municipality or county, and the Illinois State Police may enforce this Act.

Section 20. Civil cause of action.

(a) A carrier shall not direct a person and a person shall not operate or drive an intercity bus that loads or unloads passengers in a municipality or county in violation of subsection (c) of Section 10.

(b) A carrier shall not direct an operator or driver of an intercity bus operating in Illinois to, nor shall an operator or driver of an intercity bus operating in Illinois, load or unload passengers in violation of subsection (c) of Section 10.

(c) A passenger of an intercity bus who is aggrieved by a violation of subsection (a) or (b) may commence an action in circuit court or as a supplemental claim in federal district court against the carrier, operator, or driver. No private right of action exists against a municipality, county, or other unit of local government in relation to this Act. A prevailing party may recover:

(1) against the carrier, operator, or driver that negligently violates a provision of this Act, liquidated damages of $1,000 or actual damages, whichever is greater;

(2) against the carrier, operator, or driver that intentionally or recklessly violates a provision of this Act, liquidated damages of $5,000 or actual damages, whichever is greater;

(3) reasonable attorney's fees and costs, including expert witness fees and other litigation expenses; and

(4) other relief, including an injunction, as the court deems appropriate.

(d) A passenger of an intercity bus may establish an intentional or reckless violation of subsection (c) of Section 10 by a showing of facts, including, but not limited to: (1) a past violation of this Act by the carrier, operator, or driver; (2) that the passenger was left in a location without access to public transportation departing within an hour of being loaded or unloaded; or (3) that the passenger was left in a location without immediate and lawful access to a heated and sheltered premises from November 1 through April 30.

(e) A lawsuit must be brought under this Section not later than 2 years after the violation of subsection (a) or subsection (b) has occurred.

Section 25. Attorney General enforcement.

(a) The Attorney General may investigate alleged or suspected violations of this Act and may issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of any investigation or inquiry, and prescribe such forms and adopt such rules and regulations as may be necessary.

(b) Whenever the Attorney General has reason to believe that the Act has been violated, the Attorney General may file suit in circuit court to enjoin the violation and recover any civil or criminal penalties that may be due.

Section 30. Home rule. A home rule unit may not regulate the operations of intercity buses pertaining to the loading and unloading of passengers in a manner less restrictive than under this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 35. Non-home rule municipalities and counties. The corporate authorities of a non-home rule county or municipality may adopt ordinances to regulate the operations of intercity buses pertaining to the loading and unloading of passengers in a manner more restrictive than under this Act. Such an ordinance may include, but is not limited to, a requirement for the provision of advance notice to the county or municipality of the proposed arrival of an unscheduled intercity bus or for the submission of an application for permission for an unscheduled intercity bus to arrive in a county or municipality on a date and time certain. If a non-home rule county or municipality requires an unscheduled intercity bus to apply for permission to arrive, the county or municipality must also provide a process for the carrier to appeal a denial of an arrival application. A non-home rule county or municipality may only shorten the designated days and hours of arrival to a minimum of a 5-hour period between the hours of 9:00 am and 5:00 pm on any eligible weekday.

Section 98. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 100. The Illinois Vehicle Code is amended by changing Section 11-208.7 as follows:

(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 or hijacked at the time the vehicle was impounded.

(b) An 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 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 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 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; or .

(14) operation or use of a motor vehicle in violation of the Regulation of Intercity Buses Act.

(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.

(1.5) No administrative fees shall be imposed on the registered owner or the agents of that owner if the motor vehicle was stolen or hijacked at the time the vehicle was impounded. To demonstrate that the motor vehicle was hijacked or stolen at the time the vehicle was impounded, the owner or the agents of the owner must submit proof that a report concerning the motor vehicle was filed with a law enforcement agency in a timely manner.

(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 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 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:

(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 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;

(1.5) the hearing officer shall consider as a defense to the vehicle impoundment that the motor vehicle was stolen or hijacked at the time the vehicle was impounded; to demonstrate that the motor vehicle was hijacked or stolen at the time the vehicle was impounded, the owner or the agents of the owner or a lessee must submit proof that a report concerning the motor vehicle was filed with a law enforcement agency in a timely manner;

(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;

(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;

(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;

(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; and

(7) notwithstanding any other provision of law to the contrary, if the administrative hearing officer finds that a county or municipality impounded a motor vehicle that was stolen or hijacked at the time the vehicle was impounded, the county or municipality shall refund any administrative fees already paid by the registered owner or lessee of the vehicle.

(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 Administrative Review Law may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.

(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. 102-905, eff. 1-1-23.)

Section 999. Effective date. This Act takes effect upon becoming law.".