Illinois General Assembly - Bill Status for SB0435
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 Bill Status of SB0435  102nd General Assembly


Short Description:  VEH CD-TRUTH IN TOWING

Senate Sponsors
Sen. Edward D. Maloney - Pamela J. Althoff - M. Maggie Crotty

House Sponsors
(Rep. Kevin A. McCarthy - Dan Brady - James D. Brosnahan - Kevin Joyce - David E. Miller, Elaine Nekritz, Jack D. Franks, Robert Rita and Harry R. Ramey, Jr.)

Last Action
DateChamber Action
  8/31/2007SenatePublic Act . . . . . . . . . 95-0562

Statutes Amended In Order of Appearance
625 ILCS 5/4-203.5 new


Synopsis As Introduced
Amends the Illinois Vehicle Code. Provides that any towing service that tows or removes a disabled vehicle with the permission of the owner, operator, or person in control of the vehicle shall provide that person with a document, signed by both the driver of the tow truck and that person, that sets forth specified information, including the estimated cost of the tow. Provides that violation of the provision is a petty offense punishable by a fine of not more than $1,000. Provides that the provision applies only in counties having a population of more than 3,000,000 and in counties with a population of more than 250,000 and less than 3,000,000 that are contiguous to a county with a population of more than 3,000,000. Effective immediately.

Senate Committee Amendment No. 1
Deletes reference to:
625 ILCS 5/4-203.5 new
Adds reference to:
625 ILCS 5/18a-100from Ch. 95 1/2, par. 18a-100
625 ILCS 5/18a-101from Ch. 95 1/2, par. 18a-101
625 ILCS 5/18a-200from Ch. 95 1/2, par. 18a-200
625 ILCS 5/18a-308 new
625 ILCS 5/18a-309 new
625 ILCS 5/18a-310 new
625 ILCS 5/18a-311 new
625 ILCS 5/18a-312 new
625 ILCS 5/18a-313 new
625 ILCS 5/18a-314 new
625 ILCS 5/18a-315 new
625 ILCS 5/18a-500from Ch. 95 1/2, par. 18a-500
625 ILCS 5/18a-501from Ch. 95 1/2, par. 18a-501
815 ILCS 505/2Zfrom Ch. 121 1/2, par. 262Z

Deletes everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that the Illinois Commerce Commission has jurisdiction over any person or entity engaged in the business of relocating damaged or disabled vehicles from public or private property. Provides that the Commission has the power to establish disclosures that must be made to a vehicle owner or operator by a vehicle relocator before his or her vehicle is towed. Specifies the disclosures required. Provides that if the vehicle relocator fails to meet certain of these disclosure requirements or certain other requirements of the Code, the vehicle relocator is barred from asserting a possessory or chattel lien for the amount of any claimed fees for towing, storage, or other services. Provides that a vehicle relocator or operator who fails to meet certain requirements commits an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Makes a corresponding change in that Act.

Senate Committee Amendment No. 2
Adds reference to:
625 ILCS 5/4-203from Ch. 95 1/2, par. 4-203
625 ILCS 5/18a-105from Ch. 95 1/2, par. 18a-105

Amends the Illinois Vehicle Code. Provides that, if a towing service tows or removes a vehicle and requires payment of towing and storage charges prior to redemption of the vehicle by the owner, operator, or other person in charge of the vehicle, those charges may not exceed the maximum charges allowed by the Illinois Commerce Commission under the Illinois Commercial Relocation of Trespassing Vehicles Law. Deletes language providing that the Law does not apply to the relocation of vehicles with a gross weight in excess of 10,000 pounds. Provides that the maximum rates for towing, storage, and other services allowed by the Commission shall be posted on the Commission website.

House Committee Amendment No. 1
Deletes reference to:
625 ILCS 5/4-203
625 ILCS 5/18a-200

Deletes everything after the enacting clause. Reinserts the provisions of the amended bill, with additions and deletions. States that the intent of the General Assembly is to promote the public interest and public welfare by regulating those who engage in commercial vehicle relocation to provide maximum safety for those who use the highways of this State. Deletes language providing that the Illinois Commerce Commission shall set reasonable rates for the removal of damaged or disabled vehicles from private or public property. Deletes all amendatory language regarding rates set by the Commission. Deletes language providing that the Commission has the power to establish disclosures that must be made to a vehicle owner or operator by a vehicle relocator before his or her vehicle is towed.

House Floor Amendment No. 3
Deletes reference to:
625 ILCS 5/18a-100from Ch. 95 1/2, par. 18a-100
625 ILCS 5/18a-101from Ch. 95 1/2, par. 18a-101
625 ILCS 5/18a-308 new
625 ILCS 5/18a-309 new
625 ILCS 5/18a-310 new
625 ILCS 5/18a-311 new
625 ILCS 5/18a-312 new
625 ILCS 5/18a-313 new
625 ILCS 5/18a-314 new
625 ILCS 5/18a-315 new
625 ILCS 5/18a-500from Ch. 95 1/2, par. 18a-500
625 ILCS 5/18a-501from Ch. 95 1/2, par. 18a-501
Adds reference to:
625 ILCS 5/1-100from Ch. 95 1/2, par. 1-100
625 ILCS 5/4-203from Ch. 95 1/2, par. 4-203
625 ILCS 5/18a-105from Ch. 95 1/2, par. 18a-105
625 ILCS 5/Chapter 18d heading new
625 ILCS 5/18d-101 new
625 ILCS 5/18d-105 new
625 ILCS 5/18d-110 new
625 ILCS 5/18d-115 new
625 ILCS 5/18d-120 new
625 ILCS 5/18d-125 new
625 ILCS 5/18d-130 new
625 ILCS 5/18d-135 new
625 ILCS 5/18d-140 new
625 ILCS 5/18d-145 new
625 ILCS 5/18d-150 new
625 ILCS 5/18d-155 new
625 ILCS 5/18d-160 new
625 ILCS 5/18d-165 new
625 ILCS 5/18d-170 new
625 ILCS 5/18d-175 new
625 ILCS 5/18d-180 new

Deletes everything after the enacting clause. Amends the Illinois Vehicle Code. Deletes language providing that the Illinois Commercial Relocation of Trespassing Vehicles Law does not apply to the relocation of vehicles with a gross weight in excess of 10,000 pounds. Provides that, if a towing service tows or removes a vehicle and requires payment of towing and storage charges prior to redemption of the vehicle by the owner, operator, or other person in charge of the vehicle, those charges may not exceed the maximum charges allowed by the Illinois Commerce Commission under the Illinois Commercial Relocation of Trespassing Vehicles Law. Creates the Illinois Commercial Safety Towing Law. Provides that it is illegal for any person or entity to engage, in a county to which the Illinois Commercial Relocation of Trespassing Vehicles Law applies, in the business of removing damaged or disabled vehicles from public or private property and relocating and storing those vehicles, without a current safety relocator's registration certificate issued by the Illinois Commerce Commission. Requires specified disclosures to the owner or operator before a safety relocator may tow a damaged or disabled vehicle. Requires safety relocators to keep specified records. Requires specified markings to be affixed to vehicles operated by safety relocators. Imposes additional requirements. Provides that a safety relocator who fails to meet specified requirements commits an unlawful business practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Makes a corresponding change in that Act. Effective July 1, 2008.

House Floor Amendment No. 4
Provides that the commercial vehicle safety relocator (rather than the collision repair facility) shall retain, for a period 5 years from the date of release of the vehicle, a copy of the invoice given to the vehicle owner or operator.

Actions 
DateChamber Action
  2/8/2007SenateFiled with Secretary by Sen. Edward D. Maloney
  2/8/2007SenateFirst Reading
  2/8/2007SenateReferred to Rules
  2/21/2007SenateAssigned to Transportation
  2/23/2007SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Edward D. Maloney
  2/23/2007SenateSenate Committee Amendment No. 1 Referred to Rules
  3/2/2007SenateAdded as Chief Co-Sponsor Sen. Pamela J. Althoff
  3/7/2007SenatePostponed - Transportation
  3/9/2007SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Pamela J. Althoff; -Maloney
  3/9/2007SenateSenate Committee Amendment No. 2 Referred to Rules
  3/13/2007SenateSenate Committee Amendment No. 1 Rules Refers to Transportation
  3/13/2007SenateSenate Committee Amendment No. 2 Rules Refers to Transportation
  3/13/2007SenateSenate Committee Amendment No. 1 Adopted
  3/13/2007SenateSenate Committee Amendment No. 2 Adopted
  3/14/2007SenateDo Pass as Amended Transportation; 010-000-000
  3/14/2007SenatePlaced on Calendar Order of 2nd Reading March 15, 2007
  3/20/2007SenateSecond Reading
  3/20/2007SenatePlaced on Calendar Order of 3rd Reading March 21, 2007
  3/23/2007SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Edward D. Maloney
  3/23/2007SenateSenate Floor Amendment No. 3 Referred to Rules
  3/27/2007SenateSenate Floor Amendment No. 3 Rules Refers to Transportation
  3/28/2007SenateSenate Floor Amendment No. 3 Postponed - Transportation
  3/29/2007SenateAdded as Chief Co-Sponsor Sen. M. Maggie Crotty
  3/29/2007SenateThird Reading - Passed; 058-000-000
  3/29/2007SenateSenate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
  3/30/2007HouseArrived in House
  3/30/2007HousePlaced on Calendar Order of First Reading
  3/30/2007HouseChief House Sponsor Rep. Kevin A. McCarthy
  4/4/2007HouseAdded Alternate Chief Co-Sponsor Rep. Dan Brady
  4/4/2007HouseAdded Alternate Chief Co-Sponsor Rep. James D. Brosnahan
  4/4/2007HouseAdded Alternate Chief Co-Sponsor Rep. Kevin Joyce
  4/4/2007HouseAdded Alternate Chief Co-Sponsor Rep. David E. Miller
  4/9/2007HouseFirst Reading
  4/9/2007HouseReferred to Rules Committee
  4/17/2007HouseAdded Alternate Co-Sponsor Rep. Elaine Nekritz
  4/19/2007HouseAdded Alternate Co-Sponsor Rep. Jack D. Franks
  4/25/2007HouseAdded Alternate Co-Sponsor Rep. Robert Rita
  4/26/2007HouseAdded Alternate Co-Sponsor Rep. Harry R. Ramey, Jr.
  4/30/2007HouseAssigned to Judiciary I - Civil Law Committee
  5/16/2007HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  5/16/2007HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  5/16/2007HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 010-004-000
  5/16/2007HousePlaced on Calendar 2nd Reading - Short Debate
  5/23/2007HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Kevin A. McCarthy
  5/23/2007HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/24/2007HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Kevin A. McCarthy
  5/24/2007HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  5/29/2007HouseHouse Floor Amendment No. 3 Rules Refers to Judiciary I - Civil Law Committee
  5/29/2007HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Kevin A. McCarthy
  5/29/2007HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  5/29/2007HouseSecond Reading - Short Debate
  5/29/2007HouseHeld on Calendar Order of Second Reading - Short Debate
  5/30/2007HouseHouse Floor Amendment No. 3 Recommends Be Adopted Judiciary I - Civil Law Committee; 009-000-000
  5/30/2007HouseHouse Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 003-001-000
  5/31/2007HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  5/31/2007HouseHouse Floor Amendment No. 4 Adopted by Voice Vote
  5/31/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/31/2007HouseThird Reading - Short Debate - Passed 115-001-000
  5/31/2007SenateSecretary's Desk - Concurrence House Amendment(s) 01,03,04
  5/31/2007SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01,03,04- June 1, 2007
  5/31/2007SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Edward D. Maloney
  5/31/2007SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Rules
  5/31/2007SenateHouse Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Edward D. Maloney
  5/31/2007SenateHouse Floor Amendment No. 3 Motion to Concur Referred to Rules
  5/31/2007SenateHouse Floor Amendment No. 4 Motion to Concur Filed with Secretary Sen. Edward D. Maloney
  5/31/2007SenateHouse Floor Amendment No. 4 Motion to Concur Referred to Rules
  6/5/2007SenateHouse Committee Amendment No. 1 Motion to Concur Rules Referred to Transportation
  6/5/2007SenateHouse Floor Amendment No. 3 Motion to Concur Rules Referred to Transportation
  6/5/2007SenateHouse Floor Amendment No. 4 Motion to Concur Rules Referred to Transportation
  6/6/2007SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Transportation; 008-000-000
  6/6/2007SenateHouse Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Transportation; 008-000-000
  6/6/2007SenateHouse Floor Amendment No. 4 Motion To Concur Recommended Do Adopt Transportation; 008-000-000
  6/6/2007SenateHouse Committee Amendment No. 1 Senate Concurs 053-000-000
  6/6/2007SenateHouse Floor Amendment No. 3 Senate Concurs 053-000-000
  6/6/2007SenateHouse Floor Amendment No. 4 Senate Concurs 053-000-000
  6/6/2007SenatePassed Both Houses
  7/5/2007SenateSent to the Governor
  8/31/2007SenateGovernor Approved
  8/31/2007SenateEffective Date July 1, 2008
  8/31/2007SenatePublic Act . . . . . . . . . 95-0562

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