093_SB2128

 
                                     LRB093 14403 RXD 20042 b

 1        AN ACT concerning vehicles.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Vehicle  Code  is amended by
 5    changing Sections 18a-200 and 18a-300 as follows:

 6        (625 ILCS 5/18a-200) (from Ch. 95 1/2, par. 18a-200)
 7        Sec. 18a-200.  General powers and duties  of  Commission.
 8    The Commission shall:
 9        (1)  Regulate  commercial  vehicle  relocators  and their
10    employees or agents in accordance with this  Chapter  and  to
11    that  end  may establish reasonable requirements with respect
12    to proper service and practices relating thereto;
13        (2)  Require  the  maintenance  of  uniform  systems   of
14    accounts, records and the preservation thereof;
15        (3)  Require that all drivers and other personnel used in
16    relocation be employees of a licensed relocator;
17        (4)  Regulate equipment leasing to and by relocators;
18        (5)  Adopt  reasonable  and  proper  rules  covering  the
19    exercise  of  powers  conferred  upon it by this Chapter, and
20    reasonable  rules  governing  investigations,  hearings   and
21    proceedings under this Chapter;
22        (6)  Set  reasonable  rates  for the commercial towing or
23    removal of trespassing vehicles from private  property.   The
24    rates  shall  not  exceed  the  mean average of the 5 highest
25    rates for police tows within  the  territory  to  which  this
26    Chapter  applies  that are performed under Sections 4-201 and
27    4-214 of this  Code  and  that  are  of  record  at  hearing;
28    provided  that  the  Commission  shall  not  re-calculate the
29    maximum specified herein if the order containing the previous
30    calculation was entered within one calendar year of the  date
31    on  which the new order is entered.  Set reasonable rates for
 
                            -2-      LRB093 14403 RXD 20042 b
 1    the storage, for periods  in  excess  of  24  hours,  of  the
 2    vehicles  in connection with the towing or removal.; however,
 3    no relocator shall impose charges for storage for  the  first
 4    24  hours  after  towing or removal. Set reasonable rates for
 5    other services provided by  relocators.,  provided  that  the
 6    rates  shall  not  be  charged  to the owner or operator of a
 7    relocated vehicle.  Any fee charged by a  relocator  for  the
 8    use  of  a  credit  card  that is used to pay for any service
 9    rendered by the relocator shall  be  included  in  the  total
10    amount  that  shall  not  exceed  the maximum reasonable rate
11    established by the Commission.  The Commission shall  require
12    a  relocator  to  refund  any amount charged in excess of the
13    reasonable rate established by the Commission, including  any
14    fee for the use of a credit card;
15        (7)  Investigate   and  maintain  current  files  of  the
16    criminal  records,  if  any,  of  all  relocators  and  their
17    employees and of  all  applicants  for  relocator's  license,
18    operator's   licenses  and  dispatcher's  licenses.   If  the
19    Commission determines that an applicant for a license  issued
20    under  this  Chapter  will be subjected to a criminal history
21    records  check,  the  applicant  shall  submit  his  or   her
22    fingerprints  to  the  Department of State Police in the form
23    and manner prescribed by  the  Department  of  State  Police.
24    These fingerprints shall be checked against the Department of
25    State  Police  and  Federal  Bureau of Investigation criminal
26    history record information databases now and hereafter filed.
27    The Department of State Police shall charge the  applicant  a
28    fee  for conducting the criminal history records check, which
29    shall be deposited in the  State  Police  Services  Fund  and
30    shall  not  exceed  the actual cost of the records check. The
31    Department of State Police shall furnish pursuant to positive
32    identification, records of conviction to the Commission;
33        (8)  Issue relocator's licenses, dispatcher's  employment
34    permits, and operator's employment permits in accordance with
 
                            -3-      LRB093 14403 RXD 20042 b
 1    Article IV of this Chapter;
 2        (9)  Establish  fitness  standards for applicants seeking
 3    relocator licensees and holders of relocator licenses;
 4        (10)  Upon verified complaint in writing by  any  person,
 5    organization or body politic, or upon its own initiative may,
 6    investigate   whether   any   commercial  vehicle  relocator,
 7    operator, dispatcher, or person otherwise required to  comply
 8    with  any  provision  of this Chapter or any rule promulgated
 9    hereunder, has failed to comply with any provision or rule;
10        (11)  Whenever the Commission receives  notice  from  the
11    Secretary  of  State that any domestic or foreign corporation
12    regulated under this Chapter has not paid  a  franchise  tax,
13    license   fee   or   penalty   required  under  the  Business
14    Corporation  Act  of  1983,  institute  proceedings  for  the
15    revocation of the license or right to engage in any  business
16    required  under  this Chapter or the suspension thereof until
17    such time as the delinquent franchise  tax,  license  fee  or
18    penalty is paid.
19    (Source: P.A. 93-418, eff. 1-1-04.)

20        (625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
21        Sec.  18a-300.  Commercial  vehicle relocators - Unlawful
22    practices. It shall be unlawful for  any  commercial  vehicle
23    relocator:
24        (1)  To  operate  in  any county in which this Chapter is
25    applicable without a valid, current  relocator's  license  as
26    provided in Article IV of this Chapter;
27        (2)  To  employ  as  an operator, or otherwise so use the
28    services of, any person who does not have at the commencement
29    of employment or service, or at any time during the course of
30    employment or service, a valid, current operator's employment
31    permit, or temporary operator's employment permit  issued  in
32    accordance  with Sections 18a-403 or 18a-405 of this Chapter;
33    or to fail to notify the Commission, in writing, of any known
 
                            -4-      LRB093 14403 RXD 20042 b
 1    criminal conviction of any employee  occurring  at  any  time
 2    before or during the course of employment or service;
 3        (3)  To  employ  as a dispatcher, or otherwise so use the
 4    services of, any person who does not have at the commencement
 5    of employment or service, or at any time during the course of
 6    employment or  service,  a  valid,  current  dispatcher's  or
 7    operator's  employment  permit  or  temporary dispatcher's or
 8    operator's  employment  permit  issued  in  accordance   with
 9    Sections  18a-403  or  18a-407 of this Chapter; or to fail to
10    notify the Commission, in  writing,  of  any  known  criminal
11    conviction  of  any  employee occurring at any time before or
12    during the course of employment or service;
13        (4)  To operate upon  the  highways  of  this  State  any
14    vehicle  used  in  connection  with  any  commercial  vehicle
15    relocation service unless:
16             (A)  There  is  painted  or  firmly  affixed  to the
17        vehicle on both sides of the vehicle in a color or colors
18        vividly contrasting to the color of the vehicle the name,
19        address  and  telephone  number  of  the  relocator.  The
20        Commission   shall   prescribe   reasonable   rules   and
21        regulations pertaining  to  insignia  to  be  painted  or
22        firmly   affixed   to   vehicles   and  shall  waive  the
23        requirements of the address on any vehicle in cases where
24        the operator of a vehicle has painted or otherwise firmly
25        affixed to the vehicle a seal or trade mark that  clearly
26        identifies the operator of the vehicle; and
27             (B)  There  is  carried  in  the  power  unit of the
28        vehicle a  certified  copy  of  the  currently  effective
29        relocator's  license  and  operator's  employment permit.
30        Copies may be photographed, photocopied, or reproduced or
31        printed by any other legible and  durable  process.   Any
32        person  guilty  of  not causing to be displayed a copy of
33        his relocator's license and operator's employment  permit
34        may  in  any  hearing concerning the violation be excused
 
                            -5-      LRB093 14403 RXD 20042 b
 1        from the payment of the penalty hereinafter provided upon
 2        a showing that the license was issued by the  Commission,
 3        but was subsequently lost or destroyed;
 4        (5)  To  operate  upon  the  highways  of  this State any
 5    vehicle  used  in  connection  with  any  commercial  vehicle
 6    relocation  service  that  bears  the  name  or  address  and
 7    telephone number of any  person  or  entity  other  than  the
 8    relocator by which it is owned or to which it is leased;
 9        (6)  To   advertise   in   any   newspaper,  book,  list,
10    classified directory or other  publication  unless  there  is
11    contained  in  the  advertisement  the  license number of the
12    relocator;
13        (7)  To remove any vehicle from private property  without
14    having  first  obtained  the  written  authorization  of  the
15    property  owner  or  other  person  in  lawful  possession or
16    control  of  the  property,  his  authorized  agent,  or   an
17    authorized law enforcement officer.  The authorization may be
18    on  a  contractual basis covering a period of time or limited
19    to a specific removal;
20        (8)  To charge the private property owner, who  requested
21    that  an  unauthorized  vehicle be removed from his property,
22    with the costs of removing the vehicle contrary to any  terms
23    that may be a part of the contract between the property owner
24    and the commercial relocator. Nothing in this paragraph shall
25    prevent  a relocator from assessing, collecting, or receiving
26    from the property owner, lessee,  or  their  agents  any  fee
27    prescribed by the Commission;
28        (9)  To  remove  a  vehicle when the owner or operator of
29    the vehicle is present or arrives at the vehicle location  at
30    any  time  prior to the completion of removal, and is willing
31    and able to remove the vehicle immediately;
32        (10)  To remove any vehicle from property on which  signs
33    are  required  and  on which there are not posted appropriate
34    signs under Section 18a-302;
 
                            -6-      LRB093 14403 RXD 20042 b
 1        (11)  To fail to notify law  enforcement  authorities  in
 2    the jurisdiction in which the trespassing vehicle was removed
 3    within one hour of the removal.  Notification shall include a
 4    complete  description of the vehicle, registration numbers if
 5    possible, the locations from which and to which  the  vehicle
 6    was  removed,  the time of removal, and any other information
 7    required by regulation, statute or ordinance;
 8        (12)  To impose any charge other than in accordance  with
 9    the  rates set by the Commission as provided in paragraph (6)
10    of Section 18a-200 of this Chapter;
11        (13)  To  fail,  in  the  office  or  location  at  which
12    relocated vehicles are routinely returned to their owners, to
13    prominently post the name, address and  telephone  number  of
14    the  nearest  office  of the Commission to which inquiries or
15    complaints may be sent;
16        (13.1)  To fail to distribute to each owner  or  operator
17    of  a  relocated  vehicle,  in  written form as prescribed by
18    Commission  rule  or  regulation,  the   relevant   statutes,
19    regulations   and  ordinances  governing  commercial  vehicle
20    relocators, including, in at least 12  point  boldface  type,
21    the  name, address and telephone number of the nearest office
22    of the Commission to which inquiries  or  complaints  may  be
23    sent;
24        (14)  To remove any vehicle, otherwise in accordance with
25    this  Chapter,  more than 15 air miles from its location when
26    towed from a location in an unincorporated area of  a  county
27    or  more  than 10 air miles from its location when towed from
28    any other location;
29        (15)  To fail to make a telephone number available to the
30    police department of any municipality in  which  a  relocator
31    operates  at  which  the  relocator  or  an  employee  of the
32    relocator may be contacted at any time during  the  hours  in
33    which  the relocator is engaged in the towing of vehicles, or
34    advertised as engaged in the  towing  of  vehicles,  for  the
 
                            -7-      LRB093 14403 RXD 20042 b
 1    purpose of effectuating the release of a towed vehicle; or to
 2    fail  to include the telephone number in any advertisement of
 3    the relocator's services published or otherwise appearing  on
 4    or  after  the  effective  date of this amendatory Act; or to
 5    fail to have  an  employee  available  at  any  time  on  the
 6    premises  owned  or  controlled  by  the  relocator  for  the
 7    purposes  of  arranging  for  the  immediate  release  of the
 8    vehicle.
 9        Apart from any  other  penalty  or  liability  authorized
10    under  this  Act,  if after a reasonable effort, the owner of
11    the vehicle is unable to  make  telephone  contact  with  the
12    relocator  for  a period of one hour from his initial attempt
13    during any time period in which the relocator is required  to
14    respond  at  the  number,  all  fees  for towing, storage, or
15    otherwise are to be waived. Proof of 3 attempted phone  calls
16    to the number provided to the police department by an officer
17    or  employee of the department on behalf of the vehicle owner
18    within the space of  one  hour,  at  least  2  of  which  are
19    separated  by 45 minutes, shall be deemed sufficient proof of
20    the owner's  reasonable  effort  to  make  contact  with  the
21    vehicle relocator. Failure of the relocator to respond to the
22    phone calls is not a criminal violation of this Chapter;
23        (16)  To  use equipment which the relocator does not own,
24    except in compliance with Section 18a-306 of this Chapter and
25    Commission regulations. No equipment can be  leased  to  more
26    than  one  relocator  at any time.  Equipment leases shall be
27    filed with the Commission.  If equipment  is  leased  to  one
28    relocator,   it   cannot  thereafter  be  leased  to  another
29    relocator until a written cancellation of lease  is  properly
30    filed with the Commission;
31        (17)  To  use  drivers  or  other  personnel  who are not
32    employees or contractors of the relocator;
33        (18)  (Blank) To fail to refund  any  amount  charged  in
34    excess of the reasonable rate established by the Commission;
 
                            -8-      LRB093 14403 RXD 20042 b
 1        (19)  To  violate any other provision of this Chapter, or
 2    of  Commission  regulations  or  orders  adopted  under  this
 3    Chapter.
 4    (Source: P.A. 88-448.)