Illinois General Assembly - Bill Status for HB4694
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 Bill Status of HB4694  102nd General Assembly


Short Description:  VEH CD-SAFETY RELOCATOR-DEALER

House Sponsors
Rep. Kevin A. McCarthy - James D. Brosnahan - Dan Brady - Kevin Joyce - Richard T. Bradley

Senate Sponsors
(Sen. Edward D. Maloney)

Last Action
DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
625 ILCS 5/18d-105


Synopsis As Introduced
Amends the Illinois Vehicle Code. Excludes, from the definition of "commercial vehicle safety relocator", a person or entity licensed as a new vehicle dealer. Effective July 1, 2008.

House Committee Amendment No. 1
Adds reference to:
625 ILCS 5/18d-115
625 ILCS 5/18d-126 new
625 ILCS 5/18d-160
625 ILCS 5/18d-185 new
625 ILCS 5/18d-190 new
625 ILCS 5/18d-195 new
815 ILCS 505/2Zfrom Ch. 121 1/2, par. 262Z

Replaces everything after the enacting clause. Amends the Illinois Vehicle Code and the Consumer Fraud and Deceptive Business Practices Act. Changes the definition of "commercial vehicle safety relocator" to mean a person or entity engaged in the business of removing damaged or disabled vehicles from public or private property by means of towing or otherwise, except a person or entity licensed as a new vehicle dealer (instead of a person or entity engaged in the business of removing damaged or disabled vehicles from public or private property by means of towing or otherwise, and thereafter relocating and storing such vehicles). Provides for annual registration fees for safety relocators based on the number of tow trucks operated. Provides that an authorization to tow a damaged or disabled vehicle may be made by a person other than the vehicle owner or operator if specified disclosures are provided to the third party authorizer. Makes it a violation of the Illinois Commercial Safety Towing Law for any towing service, or any employee or agent of a towing service, to solicit the owner or operator of a motor vehicle, or his or her agent, at the scene of an accident or disablement to provide towing, storage, or incidental services with respect to a damaged or disabled vehicle (and also makes it an unlawful practice under the Consumer Fraud and Deceptive Practices Act). Provides that the Illinois Commercial Safety Towing Law does not apply to specified types of towing. Provides that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion. Effective July 1, 2008.

 Fiscal Note, House Committee Amendment No. 1 (Illinois Commerce Commission)
 Commission resources would be greatly impacted by the fee structure as recommended in this amendment. The current estimated annual cost of operating this program is $2.9 million. The fee structure as proposed in the rulemaking ($1600 per company) would ensure the program funded itself. This amendment does not allow the program to be self funded nor does it allow the ICC the ability to adjust fees up or down as the program stabilizes. This 3 tiered fee structure will cost the Illinois Commerce Commission an estimated $1.1 million shortfall in revenue.

House Floor Amendment No. 2
Further amends the Illinois Vehicle Code. Changes the annual registration fee for a safety relocator. Provides that no safety relocator, tow truck operator, or employee or agent of a safety relocator or tow truck operator shall: (i) respond to the scene of a police investigation unless called by the police or the owner or operator of a damaged or disabled vehicle; (ii) stop at the scene of an accident or at or near a damaged or disabled vehicle for the purpose of soliciting an engagement for towing service; or (iii) stop at the scene of an accident or at or near a damaged or disabled vehicle unless called to such location by the police or the owner or operator of a damaged or disabled vehicle. In the exemptions to the prohibitions regarding actions by a commercial vehicle safety relocator, makes an exception for towing authorized by a pre-existing written contract (instead of a written contract) establishing a predetermined cost of all relocation, storage, and any other fees charged by the commercial vehicle safety relocator.

Senate Committee Amendment No. 2
Deletes reference to:
625 ILCS 5/18d-115
625 ILCS 5/18d-195 new

Deletes language restricting the rulemaking authority of the Governor or any agency or agency head under the jurisdiction of the Governor. Deletes language providing for annual registration fees for safety relocators based on the number of tow trucks operated.

Senate Committee Amendment No. 3
Adds reference to:
625 ILCS 5/18d-116 new
625 ILCS 5/18d-117 new

Removes language that exempted a person or entity licensed as a new vehicle dealer from the definition of "commercial vehicle safety relocator". Requires each vehicle used by a commercial vehicle safety relocator in the removal of damaged or disabled vehicles from public or private property to carry a current cab card. Provides for the issuance, execution, carrying, presentation, and expiration of cab cards. In language exempting from the Illinois Commercial Safety Towing Law towing pursuant to a pre-existing written contract, provides that a copy of the pre-existing written contract shall be available for review by law enforcement and carried in all vehicles executing a damaged or disabled vehicle tow that is subject to the exemption. Exempts from the Illinois Commercial Safety Towing Law: towing under a service agreement between a motor club or dealership and the vehicle owner or operator of the damaged or disabled vehicle; or towing conducted as a result of a vehicle manufacturer's warranty service. Makes other changes.

Actions 
DateChamber Action
  1/29/2008HouseFiled with the Clerk by Rep. Kevin A. McCarthy
  1/30/2008HouseFirst Reading
  1/30/2008HouseReferred to Rules Committee
  3/3/2008HouseAssigned to Transportation and Motor Vehicles Committee
  3/11/2008HouseHouse Committee Amendment No. 1 Filed with Clerk by Transportation and Motor Vehicles Committee
  3/11/2008HouseHouse Committee Amendment No. 1 Adopted in Transportation and Motor Vehicles Committee; by Voice Vote
  3/11/2008HouseDo Pass as Amended / Short Debate Transportation and Motor Vehicles Committee; 013-000-000
  3/12/2008HousePlaced on Calendar 2nd Reading - Short Debate
  3/17/2008HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended
  4/2/2008HouseSecond Reading - Short Debate
  4/2/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/3/2008HouseRecalled to Second Reading - Short Debate
  4/3/2008HouseHeld on Calendar Order of Second Reading - Short Debate
  4/9/2008HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Kevin A. McCarthy
  4/9/2008HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/10/2008HouseAdded Chief Co-Sponsor Rep. James D. Brosnahan
  4/10/2008HouseAdded Chief Co-Sponsor Rep. Dan Brady
  4/10/2008HouseAdded Chief Co-Sponsor Rep. Kevin Joyce
  4/10/2008HouseAdded Chief Co-Sponsor Rep. Richard T. Bradley
  4/14/2008HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000
  4/15/2008HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  4/15/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/16/2008HouseThird Reading - Short Debate - Passed 113-002-000
  4/16/2008SenateArrive in Senate
  4/16/2008SenatePlaced on Calendar Order of First Reading April 17, 2008
  4/16/2008SenateChief Senate Sponsor Sen. Edward D. Maloney
  4/17/2008SenateFirst Reading
  4/17/2008SenateReferred to Rules
  5/15/2008SenateAssigned to Transportation
  5/15/2008SenateRule 2-10 Committee Deadline Established As May 22, 2008; Substantive House Bills Out of Committee
  5/20/2008SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Edward D. Maloney
  5/20/2008SenateSenate Committee Amendment No. 1 Referred to Rules
  5/20/2008SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Edward D. Maloney
  5/20/2008SenateSenate Committee Amendment No. 2 Referred to Rules
  5/20/2008SenateSenate Committee Amendment No. 3 Filed with Secretary by Sen. Edward D. Maloney
  5/20/2008SenateSenate Committee Amendment No. 3 Referred to Rules
  5/20/2008SenateSenate Committee Amendment No. 2 Rules Refers to Transportation
  5/20/2008SenateSenate Committee Amendment No. 3 Rules Refers to Transportation
  5/21/2008SenateSenate Committee Amendment No. 2 Adopted
  5/21/2008SenateSenate Committee Amendment No. 3 Adopted
  5/21/2008SenateDo Pass as Amended Transportation; 010-000-000
  5/21/2008SenatePlaced on Calendar Order of 2nd Reading May 22, 2008
  5/29/2008SenateRule 2-10 Third Reading Deadline Established As May 31, 2008
  5/29/2008SenateSecond Reading
  5/29/2008SenatePlaced on Calendar Order of 3rd Reading May 30, 2008
  5/30/2008SenateThird Reading - Passed; 056-000-000
  5/30/2008SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/30/2008HouseArrived in House
  5/30/2008HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2,3
  5/30/2008HouseSenate Committee Amendment No. 2 Motion Filed Concur Rep. Kevin A. McCarthy
  5/30/2008HouseSenate Committee Amendment No. 3 Motion Filed Concur Rep. Kevin A. McCarthy
  5/30/2008HouseSenate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/30/2008HouseSenate Committee Amendment No. 3 Motion to Concur Referred to Rules Committee
  7/1/2008HouseRule 19(b) / Re-referred to Rules Committee
  1/13/2009HouseSession Sine Die

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