Full Text of HB2442 94th General Assembly
HB2442 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2442
Introduced 02/17/05, by Rep. William B. Black SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/4-203 |
from Ch. 95 1/2, par. 4-203 |
625 ILCS 5/18a-200 |
from Ch. 95 1/2, par. 18a-200 |
625 ILCS 5/18a-300 |
from Ch. 95 1/2, par. 18a-300 |
625 ILCS 5/18a-402.1 new |
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625 ILCS 5/18a-402 rep. |
from Ch. 95 1/2, par. 18a-402 |
770 ILCS 50/1 |
from Ch. 82, par. 47a |
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Amends the Illinois Vehicle Code and makes a corresponding change in the Labor and Storage Lien (Small Amount) Act. Provides that vehicles that are towed or
relocated at the request of the owner or operator (as well as those towed or
relocated because they are abandoned, lost, stolen, or unclaimed) are subject
to a lien under the Labor and Storage Lien (Small Amount) Act. Provides that
the provisions of that Act regarding the maximum amount of the lien do not
apply to liens covered by the Vehicle Code provision. Provides that with
certain enumerated exceptions, personal property in a vehicle subject to a lien
under the Code provision is also subject to that lien. Limits the amounts of
liens under the provision.
Provides that the Illinois Commerce Commission shall set reasonable rates for the use of a credit card by a person whose vehicle has been towed by a commercial vehicle relocator. Deletes language providing that a commercial vehicle relocator may not charge the owner or operator of a relocated vehicle an additional fee for use of a credit card. Provides that it is a violation of the Code for a commercial vehicle relocator in a county with a population of more than 2,000,000 to fail to make relocated vehicles available to their owners or operators 24 hours per day, 7 days per week, and 52 weeks per year. Provides for expedited transfer of a vehicle relocator's license under specified conditions, in specified circumstances. Repeals a provision providing that a relocator's license is not transferable.
Effective immediately.
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A BILL FOR
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HB2442 |
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LRB094 10728 DRH 41136 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing
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| Sections 4-203, 18a-200, and 18a-300 and by adding Section | 6 |
| 18a-402.1 as follows:
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| (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
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| Sec. 4-203. Removal of motor vehicles or other vehicles; | 9 |
| Towing or
hauling away.
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| (a) When a vehicle is abandoned, or left unattended, on a | 11 |
| toll
highway, interstate highway, or expressway for 2 hours or | 12 |
| more, its
removal by a towing service may be authorized by a | 13 |
| law enforcement
agency having jurisdiction.
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| (b) When a vehicle is abandoned on a highway in an urban | 15 |
| district 10
hours or more, its removal by a towing service may | 16 |
| be authorized by a
law enforcement agency having jurisdiction.
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| (c) When a vehicle is abandoned or left unattended on a | 18 |
| highway
other than a toll highway, interstate highway, or | 19 |
| expressway, outside of
an urban district for 24 hours or more, | 20 |
| its removal by a towing service
may be authorized by a law | 21 |
| enforcement agency having jurisdiction.
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| (d) When an abandoned, unattended, wrecked, burned or | 23 |
| partially
dismantled vehicle is creating a traffic hazard | 24 |
| because of its position
in relation to the highway or its | 25 |
| physical appearance is causing the
impeding of traffic, its | 26 |
| immediate removal from the highway or private
property adjacent | 27 |
| to the highway by a towing service may be authorized
by a law | 28 |
| enforcement agency having jurisdiction.
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| (e) Whenever a
peace officer reasonably believes that a | 30 |
| person under
arrest for a violation of Section 11-501 of this | 31 |
| Code or a similar
provision of a local ordinance is likely, | 32 |
| upon release, to commit a
subsequent violation of Section |
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HB2442 |
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LRB094 10728 DRH 41136 b |
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| 11-501, or a similar provision of a local
ordinance, the | 2 |
| arresting officer shall have the vehicle which the person
was | 3 |
| operating at the time of the arrest impounded for a period of | 4 |
| not more
than 12 hours after the time of arrest. However, such | 5 |
| vehicle may be
released by the arresting law enforcement agency | 6 |
| prior to the end of the
impoundment period if:
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| (1) the vehicle was not owned by the person under | 8 |
| arrest, and the lawful
owner requesting such release | 9 |
| possesses a valid operator's license, proof
of ownership, | 10 |
| and would not, as determined by the arresting law | 11 |
| enforcement
agency, indicate a lack of ability to operate a | 12 |
| motor vehicle in a safe
manner, or who would otherwise, by | 13 |
| operating such motor vehicle, be in
violation of this Code; | 14 |
| or
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| (2) the vehicle is owned by the person under arrest, | 16 |
| and the person
under arrest gives permission to another | 17 |
| person to operate such vehicle,
provided however, that the | 18 |
| other person possesses a valid operator's license
and would | 19 |
| not, as determined by the arresting law enforcement
agency, | 20 |
| indicate a lack of ability to operate a motor vehicle in a | 21 |
| safe
manner or who would otherwise, by operating such motor | 22 |
| vehicle, be in
violation of this Code.
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| (e-5) Whenever a registered owner of a vehicle is taken | 24 |
| into custody for
operating the vehicle in violation of Section | 25 |
| 11-501 of this Code or a similar
provision of a local ordinance | 26 |
| or Section 6-303 of this Code, a
law enforcement officer
may | 27 |
| have the vehicle immediately impounded for a period not less | 28 |
| than:
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| (1) 24 hours for a second violation of Section 11-501 | 30 |
| of this Code or a
similar provision of a local ordinance or | 31 |
| Section 6-303
of
this Code or a combination of these | 32 |
| offenses; or
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| (2) 48 hours for a third violation of Section 11-501 of | 34 |
| this Code or a
similar provision of a local ordinance or | 35 |
| Section 6-303 of this
Code or a combination of these | 36 |
| offenses.
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HB2442 |
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LRB094 10728 DRH 41136 b |
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| The vehicle may be released sooner if the vehicle is owned | 2 |
| by the person
under arrest and the person under arrest gives | 3 |
| permission to another person to
operate the vehicle and that | 4 |
| other person possesses a valid operator's license
and would | 5 |
| not, as determined by the arresting law enforcement agency, | 6 |
| indicate
a lack of ability to operate a motor vehicle in a safe | 7 |
| manner or would
otherwise, by operating the motor vehicle, be | 8 |
| in violation of this Code.
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| (f) Except as provided in Chapter 18a of this Code, the | 10 |
| owner or
lessor of privately owned real property within this | 11 |
| State, or any person
authorized by such owner or lessor, or any | 12 |
| law enforcement agency in the
case of publicly owned real | 13 |
| property may cause any motor vehicle abandoned
or left | 14 |
| unattended upon such property without permission to be removed | 15 |
| by a
towing service without liability for the costs of removal, | 16 |
| transportation
or storage or damage caused by such removal, | 17 |
| transportation or storage.
The towing or removal of any vehicle | 18 |
| from private property without the
consent of the registered | 19 |
| owner or other legally authorized person in
control of the | 20 |
| vehicle is subject to compliance with the following
conditions | 21 |
| and restrictions:
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| 1. Any towed or removed vehicle must be stored at the | 23 |
| site of the towing
service's place of business. The site | 24 |
| must be open during business hours,
and for the purpose of | 25 |
| redemption of vehicles, during the time that the
person or | 26 |
| firm towing such vehicle is open for towing purposes.
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| 2. The towing service shall within 30 minutes of | 28 |
| completion of such
towing or removal, notify the law | 29 |
| enforcement agency having jurisdiction of
such towing or | 30 |
| removal, and the make, model, color and license plate | 31 |
| number
of the vehicle, and shall obtain and record the name | 32 |
| of the person at the law
enforcement agency to whom such | 33 |
| information was reported.
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| 3. If the registered owner or legally authorized person | 35 |
| entitled to
possession of the vehicle shall arrive at the | 36 |
| scene prior to actual removal
or towing of the vehicle, the |
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HB2442 |
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LRB094 10728 DRH 41136 b |
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| vehicle shall be disconnected from the tow
truck and that | 2 |
| person shall be allowed to remove the vehicle without
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| interference, upon the payment of a reasonable service fee | 4 |
| of not more than
one half the posted rate of the towing | 5 |
| service as provided in paragraph
6 of this subsection, for | 6 |
| which a receipt shall be given.
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| 4. The rebate or payment of money or any other valuable | 8 |
| consideration
from the towing service or its owners, | 9 |
| managers or employees to the owners
or operators of the | 10 |
| premises from which the vehicles are towed or removed,
for | 11 |
| the privilege of removing or towing those vehicles, is | 12 |
| prohibited. Any
individual who violates this paragraph | 13 |
| shall be guilty of a Class A
misdemeanor.
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| 5. Except for property appurtenant to and obviously a | 15 |
| part of a single
family residence, and except for instances | 16 |
| where notice is personally given
to the owner or other | 17 |
| legally authorized person in control of the vehicle
that | 18 |
| the area in which that vehicle is parked is reserved or | 19 |
| otherwise
unavailable to unauthorized vehicles and they | 20 |
| are subject to being removed
at the owner or operator's | 21 |
| expense, any property owner or lessor, prior to
towing or | 22 |
| removing any vehicle from private property without the | 23 |
| consent of
the owner or other legally authorized person in | 24 |
| control of that vehicle,
must post a notice meeting the | 25 |
| following requirements:
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| a. The notice must be prominently placed at each | 27 |
| driveway access or curb
cut allowing vehicular access | 28 |
| to the property within 5 feet from the public
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| right-of-way line. If there are no curbs or access | 30 |
| barriers, the sign must
be posted not less than one | 31 |
| sign each 100 feet of lot frontage.
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| b. The notice must indicate clearly, in not less | 33 |
| than 2 inch high
light-reflective letters on a | 34 |
| contrasting background, that unauthorized
vehicles | 35 |
| will be towed away at the owner's expense.
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| c. The notice must also provide the name and |
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HB2442 |
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LRB094 10728 DRH 41136 b |
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| current telephone
number of the towing service towing | 2 |
| or removing the vehicle.
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| d. The sign structure containing the required | 4 |
| notices must be
permanently installed with the bottom | 5 |
| of the sign not less than 4 feet
above ground level, | 6 |
| and must be continuously maintained on the property for
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| not less than 24 hours prior to the towing or removing | 8 |
| of any vehicle.
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| 6. Any towing service that tows or removes vehicles and | 10 |
| proposes to
require the owner, operator, or person in | 11 |
| control of the vehicle to pay the
costs of towing and | 12 |
| storage prior to redemption of the vehicle must file
and | 13 |
| keep on record with the local law enforcement agency a | 14 |
| complete copy of
the current rates to be charged for such | 15 |
| services, and post at the storage
site an identical rate | 16 |
| schedule and any written contracts with property
owners, | 17 |
| lessors, or persons in control of property which authorize | 18 |
| them to
remove vehicles as provided in this Section.
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| 7. No person shall engage in the removal of vehicles | 20 |
| from private
property as described in this Section without | 21 |
| filing a notice of intent
in each community where he | 22 |
| intends to do such removal, and such
notice shall be filed | 23 |
| at least 7 days before commencing such towing.
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| 8. No removal of a vehicle from private property shall | 25 |
| be done except
upon express written instructions of the | 26 |
| owners or persons in charge of the
private property upon | 27 |
| which the vehicle is said to be trespassing.
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| 9. Vehicle entry for the purpose of removal shall be | 29 |
| allowed with
reasonable care on the part of the person or | 30 |
| firm towing the vehicle. Such
person or firm shall be | 31 |
| liable for any damages occasioned to the vehicle if
such | 32 |
| entry is not in accordance with the standards of reasonable | 33 |
| care.
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| 10. When a vehicle has been towed or removed pursuant | 35 |
| to this Section,
it must be released to its owner or | 36 |
| custodian within one half hour after
requested, if such |
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HB2442 |
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LRB094 10728 DRH 41136 b |
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| request is made during business hours. Any vehicle owner
or | 2 |
| custodian or agent shall have the right to inspect the | 3 |
| vehicle before
accepting its return, and no release or | 4 |
| waiver of any kind which would
release the towing service | 5 |
| from liability for damages incurred during the
towing and | 6 |
| storage may be required from any vehicle owner or other | 7 |
| legally
authorized person as a condition of release of the | 8 |
| vehicle. A detailed,
signed receipt showing the legal name | 9 |
| of the towing service must be given
to the person paying | 10 |
| towing or storage charges at the time of payment,
whether | 11 |
| requested or not.
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| This Section shall not apply to law enforcement, | 13 |
| firefighting, rescue,
ambulance, or other emergency vehicles | 14 |
| which are marked as such or to
property owned by any | 15 |
| governmental entity.
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| When an authorized person improperly causes a motor vehicle | 17 |
| to be
removed, such person shall be liable to the owner or | 18 |
| lessee of the vehicle
for the cost or removal, transportation | 19 |
| and storage, any damages resulting
from the removal, | 20 |
| transportation and storage, attorney's fee and court costs.
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| Any towing or storage charges accrued shall be payable by | 22 |
| the use of any
major credit card, in addition to being payable | 23 |
| in cash.
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| 11. Towing companies shall also provide insurance | 25 |
| coverage for areas
where vehicles towed under the | 26 |
| provisions of this Chapter will be impounded
or otherwise | 27 |
| stored, and shall adequately cover loss by fire, theft or
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| other risks.
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| Any person who fails to comply with the conditions and | 30 |
| restrictions of
this subsection shall be guilty of a Class C | 31 |
| misdemeanor and shall be fined
not less than $100 nor more than | 32 |
| $500.
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| (g) When a vehicle is determined to be a hazardous | 34 |
| dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | 35 |
| Illinois Municipal Code, its
removal and impoundment by a | 36 |
| towing service may be authorized by a law
enforcement agency |
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LRB094 10728 DRH 41136 b |
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| with appropriate jurisdiction.
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| When a vehicle removal from either public or private | 3 |
| property is
authorized by a law enforcement agency, the owner | 4 |
| of the vehicle shall be
responsible for all towing and storage | 5 |
| charges.
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| Vehicles removed from public or private property and
stored | 7 |
| by a commercial vehicle relocator or any other towing service | 8 |
| in
compliance with this Section and Sections 4-201 and 4-202
of | 9 |
| this Code, or at the request of the vehicle owner or operator,
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| shall
be subject to a possessor lien for services
pursuant to | 11 |
| the Labor and Storage Lien (Small Amount) Act; however, the
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| provisions of that Act governing the maximum amount of such a | 13 |
| lien do not apply
to any lien covered by this subsection.
"An | 14 |
| Act concerning liens for labor,
services,
skill or materials
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| furnished upon or storage furnished for chattels", filed July | 16 |
| 24, 1941,
as amended, and The provisions of Section 1 of that | 17 |
| Act relating to notice
and implied consent shall be deemed | 18 |
| satisfied by compliance with Section
18a-302 and subsection (6) | 19 |
| of Section 18a-300. In no event shall such lien
be greater than | 20 |
| the rate or rates established in accordance with subsection
(6) | 21 |
| of Section 18a-200 of this Code. In no event shall such lien be
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| increased or altered to reflect any charge for services or | 23 |
| materials
rendered in addition to those authorized by this Act. | 24 |
| Every such lien
shall be payable by use of any major credit | 25 |
| card, in addition to being
payable in cash.
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| Any personal property in a vehicle subject to a lien under | 27 |
| this
subsection
(g) shall likewise be subject to that lien, | 28 |
| excepting only:
food; medicine; perishable property; any | 29 |
| operator's licenses; any cash, credit
cards, or checks or | 30 |
| checkbooks; and any wallet, purse, or other property
containing | 31 |
| any operator's license or other identifying documents or | 32 |
| materials,
cash, credit cards, checks, or checkbooks.
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| No lien under this subsection (g) shall
exceed $5,000 in | 34 |
| its total amount or
be increased or altered to reflect any | 35 |
| charge for services or
materials rendered in addition to those | 36 |
| authorized by this Act.
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LRB094 10728 DRH 41136 b |
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| (Source: P.A. 90-738, eff. 1-1-99.)
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| (625 ILCS 5/18a-200) (from Ch. 95 1/2, par. 18a-200)
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| Sec. 18a-200. General powers and duties of Commission. The | 4 |
| Commission shall:
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| (1) Regulate commercial vehicle relocators and their | 6 |
| employees or agents in
accordance with this Chapter and to that | 7 |
| end may establish reasonable
requirements with respect to | 8 |
| proper service and practices relating
thereto;
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| (2) Require the maintenance of uniform systems of accounts, | 10 |
| records
and the preservation thereof;
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| (3) Require that all drivers and other personnel used in | 12 |
| relocation be
employees of a licensed relocator;
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| (4) Regulate equipment leasing to and by relocators;
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| (5) Adopt reasonable and proper rules covering the exercise | 15 |
| of
powers conferred upon it by this Chapter, and reasonable | 16 |
| rules governing
investigations, hearings and proceedings under | 17 |
| this Chapter;
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| (6) Set reasonable rates for the commercial towing or | 19 |
| removal of trespassing
vehicles from private property. The | 20 |
| rates shall not exceed the mean average of
the 5 highest rates | 21 |
| for police tows within the territory to which this Chapter
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| applies that are performed under Sections 4-201 and 4-214 of | 23 |
| this Code and that
are of record at hearing; provided that the | 24 |
| Commission shall not re-calculate
the maximum specified herein | 25 |
| if the order containing the previous calculation
was entered | 26 |
| within one calendar year of the date on which the new order is
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| entered. Set reasonable rates for the storage, for periods in | 28 |
| excess of 24
hours, of the vehicles in connection with the | 29 |
| towing or removal; however,
no relocator shall impose charges | 30 |
| for storage for the first 24 hours
after towing or removal. Set | 31 |
| reasonable rates for other services provided
by relocators, | 32 |
| including for the use of a credit card by the owner or operator | 33 |
| of a relocated vehicle
provided that the rates shall not be | 34 |
| charged to the owner or
operator of a relocated vehicle. Any | 35 |
| fee charged by a
relocator for the use of a credit card that is |
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HB2442 |
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LRB094 10728 DRH 41136 b |
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| used to pay for any service
rendered by the relocator shall be | 2 |
| included in the total amount that shall
not exceed the maximum | 3 |
| reasonable rate established by the Commission . The
Commission | 4 |
| shall require a relocator to refund any amount charged in | 5 |
| excess
of the reasonable rates
rate established by the | 6 |
| Commission , including any fee for
the use of a credit card ;
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| (7) Investigate and maintain current files of the criminal | 8 |
| records,
if any, of all relocators and their employees and of | 9 |
| all applicants for
relocator's license, operator's licenses | 10 |
| and dispatcher's licenses. If the
Commission determines that an | 11 |
| applicant for a license issued
under this Chapter will be | 12 |
| subjected to a criminal history records
check, the applicant | 13 |
| shall submit his or her fingerprints to the
Department of State | 14 |
| Police in the form and manner prescribed by the Department
of | 15 |
| State Police. These fingerprints shall be checked against the | 16 |
| Department
of State Police and Federal Bureau of Investigation | 17 |
| criminal history record
information databases now and | 18 |
| hereafter filed. The Department of State Police
shall charge | 19 |
| the applicant a
fee
for conducting the criminal history records | 20 |
| check, which shall be deposited in
the State Police Services | 21 |
| Fund and shall not exceed the actual cost of the
records check. | 22 |
| The Department of State Police shall furnish pursuant to
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| positive
identification, records of conviction to the | 24 |
| Commission;
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| (8) Issue relocator's licenses, dispatcher's employment | 26 |
| permits, and
operator's employment permits in accordance with | 27 |
| Article IV of this Chapter;
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| (9) Establish fitness standards for applicants seeking | 29 |
| relocator
licensees and holders of relocator licenses;
| 30 |
| (10) Upon verified complaint in writing by any
person, | 31 |
| organization or body politic, or upon its own initiative may,
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| investigate whether any commercial vehicle relocator, | 33 |
| operator, dispatcher,
or person otherwise required to comply | 34 |
| with any provision of this Chapter
or any rule promulgated | 35 |
| hereunder, has failed to comply with any
provision or rule;
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| (11) Whenever the Commission receives notice from the |
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HB2442 |
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LRB094 10728 DRH 41136 b |
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| Secretary of State
that any domestic or foreign corporation | 2 |
| regulated under this Chapter has
not paid a franchise tax, | 3 |
| license fee or penalty required under the Business
Corporation | 4 |
| Act of 1983, institute proceedings
for the revocation of the | 5 |
| license or right to engage in any business
required under this | 6 |
| Chapter or the suspension thereof until such time as
the | 7 |
| delinquent franchise tax, license fee or penalty is paid.
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| (Source: P.A. 93-418, eff. 1-1-04.)
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| (625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
| 10 |
| Sec. 18a-300. Commercial vehicle relocators - Unlawful | 11 |
| practices. It
shall be unlawful for any commercial vehicle | 12 |
| relocator:
| 13 |
| (1) To operate in any county in which this Chapter is | 14 |
| applicable
without a valid, current relocator's license as | 15 |
| provided in Article IV
of this Chapter;
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| (2) To employ as an operator, or otherwise so use the | 17 |
| services of,
any person who does not have at the commencement | 18 |
| of employment or
service, or at any time during the course of | 19 |
| employment or service, a
valid, current operator's employment | 20 |
| permit, or temporary operator's
employment permit issued in | 21 |
| accordance with Sections 18a-403 or 18a-405
of this Chapter; or | 22 |
| to fail to notify the Commission, in writing, of any
known | 23 |
| criminal conviction of any employee occurring at any time | 24 |
| before
or during the course of employment or service;
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| (3) To employ as a dispatcher, or otherwise so use the | 26 |
| services of, any
person who does not have at the commencement | 27 |
| of employment or service, or
at any time during the course of | 28 |
| employment or service, a valid, current
dispatcher's or | 29 |
| operator's employment permit or temporary dispatcher's or
| 30 |
| operator's employment permit issued in accordance with | 31 |
| Sections 18a-403 or
18a-407 of this Chapter; or to fail to | 32 |
| notify the Commission, in writing,
of any known criminal | 33 |
| conviction of any employee occurring at any time
before or | 34 |
| during the course of employment or service;
| 35 |
| (4) To operate upon the highways of this State any vehicle |
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HB2442 |
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LRB094 10728 DRH 41136 b |
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| used in
connection with any commercial vehicle relocation | 2 |
| service unless:
| 3 |
| (A) There is painted or firmly affixed to the vehicle | 4 |
| on both sides of the
vehicle in a color or colors vividly | 5 |
| contrasting to the color of the vehicle
the name, address | 6 |
| and telephone number of the relocator.
The Commission shall | 7 |
| prescribe reasonable rules and regulations
pertaining to | 8 |
| insignia to be painted or firmly affixed to vehicles and
| 9 |
| shall waive the requirements of the address on any vehicle | 10 |
| in cases
where the operator of a vehicle has painted or | 11 |
| otherwise firmly affixed
to the vehicle a seal or trade | 12 |
| mark that clearly identifies the
operator of the vehicle; | 13 |
| and
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| (B) There is carried in the power unit of the vehicle a | 15 |
| certified
copy of the currently effective relocator's | 16 |
| license and operator's
employment permit. Copies may be | 17 |
| photographed, photocopied, or reproduced
or printed by any | 18 |
| other legible and durable process. Any person guilty of
not | 19 |
| causing to be displayed a copy of his relocator's license | 20 |
| and
operator's employment permit may in any hearing | 21 |
| concerning the violation
be excused from the payment of the | 22 |
| penalty hereinafter provided upon a
showing that the | 23 |
| license was issued by the Commission, but was
subsequently | 24 |
| lost or destroyed;
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| (5) To operate upon the highways of this State any vehicle | 26 |
| used in
connection with any commercial vehicle relocation | 27 |
| service that bears the
name or address and telephone number of | 28 |
| any person or entity other than
the relocator by which it is | 29 |
| owned or to which it is leased;
| 30 |
| (6) To advertise in any newspaper, book, list, classified | 31 |
| directory
or other publication unless there is contained in the | 32 |
| advertisement the
license number of the relocator;
| 33 |
| (7) To remove any vehicle from private property without | 34 |
| having first
obtained the written authorization of the property | 35 |
| owner or other person
in lawful possession or control of the | 36 |
| property, his authorized agent,
or an authorized law |
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| enforcement officer. The authorization may be on
a contractual | 2 |
| basis covering a period of time or limited to a specific
| 3 |
| removal;
| 4 |
| (8) To charge the private property owner, who requested | 5 |
| that an
unauthorized vehicle be removed from his property, with | 6 |
| the costs of
removing the vehicle contrary to any terms that | 7 |
| may be a part of the
contract between the property owner and | 8 |
| the commercial relocator.
Nothing in this paragraph shall | 9 |
| prevent a relocator from assessing,
collecting, or receiving | 10 |
| from the property owner, lessee, or their agents
any fee | 11 |
| prescribed by the Commission;
| 12 |
| (9) To remove a vehicle when the owner or operator of the | 13 |
| vehicle
is present or arrives at the vehicle location at any | 14 |
| time prior to the
completion of removal, and is willing and | 15 |
| able to remove the vehicle
immediately;
| 16 |
| (10) To remove any vehicle from property on which signs are | 17 |
| required
and on which there are not posted appropriate signs | 18 |
| under Section
18a-302;
| 19 |
| (11) To fail to notify law enforcement authorities in the
| 20 |
| jurisdiction in which the trespassing vehicle was removed | 21 |
| within one
hour of the removal. Notification shall include a | 22 |
| complete description
of the vehicle, registration numbers if | 23 |
| possible, the locations from
which and to which the vehicle was | 24 |
| removed, the time of removal, and any
other information | 25 |
| required by regulation, statute or ordinance;
| 26 |
| (12) To impose any charge other than in accordance with the | 27 |
| rates set by the
Commission as provided in paragraph (6) of | 28 |
| Section 18a-200 of this Chapter;
| 29 |
| (13) To fail, in the office or location at which relocated | 30 |
| vehicles
are routinely returned to their owners, to prominently | 31 |
| post the name,
address and telephone number of the nearest | 32 |
| office of the Commission to
which inquiries or complaints may | 33 |
| be sent;
| 34 |
| (13.1) To fail to distribute to each owner or operator of a | 35 |
| relocated
vehicle, in written form as prescribed by Commission | 36 |
| rule or regulation, the
relevant statutes, regulations and |
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| ordinances governing commercial vehicle
relocators, including, | 2 |
| in at least 12 point boldface type, the name, address
and | 3 |
| telephone number of the nearest office of the Commission to | 4 |
| which inquiries
or complaints may be sent; | 5 |
| (13.2) To fail, in a county with a population of more than | 6 |
| 2,000,000, to make available to their owners or operators, 24 | 7 |
| hours per day, 7 days per week, 52 weeks per year, relocated | 8 |
| vehicles.
| 9 |
| (14) To remove any vehicle, otherwise in accordance with | 10 |
| this Chapter,
more than 15 air miles from its location when | 11 |
| towed from a location in an
unincorporated area of a county or | 12 |
| more than 10 air miles from its location
when towed from any | 13 |
| other location;
| 14 |
| (15) To fail to make a telephone number available to the | 15 |
| police department
of any municipality in which a relocator | 16 |
| operates at which the relocator
or an employee of the relocator | 17 |
| may be contacted at any time during the
hours in which the | 18 |
| relocator is engaged in the towing of vehicles, or
advertised | 19 |
| as engaged in the towing of vehicles, for the purpose of
| 20 |
| effectuating the release of a towed vehicle; or to fail to | 21 |
| include the
telephone number in any advertisement of the | 22 |
| relocator's services published
or otherwise appearing on or | 23 |
| after the effective date of this amendatory
Act; or to fail to | 24 |
| have an employee available at any time on the
premises owned or | 25 |
| controlled by the relocator for the purposes of arranging
for | 26 |
| the immediate release of the vehicle.
| 27 |
| Apart from any other penalty or liability authorized under | 28 |
| this Act, if
after a reasonable effort, the owner of the | 29 |
| vehicle is unable to make telephone
contact with the relocator | 30 |
| for a period of one hour from his initial attempt
during any | 31 |
| time period in which the relocator is required to respond at
| 32 |
| the number, all fees for towing, storage, or otherwise are to | 33 |
| be waived. Proof
of 3 attempted phone calls to the number | 34 |
| provided to the police department
by an officer or employee of | 35 |
| the department on behalf of the vehicle owner
within the space | 36 |
| of one hour, at least 2 of which are separated by 45 minutes,
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| shall be deemed sufficient proof of the owner's reasonable | 2 |
| effort to make
contact with the vehicle relocator. Failure of | 3 |
| the relocator to respond to
the phone calls is not a criminal | 4 |
| violation of this Chapter;
| 5 |
| (16) To use equipment which the relocator does not own, | 6 |
| except in
compliance with Section 18a-306 of this Chapter and | 7 |
| Commission regulations.
No equipment can be leased to more than | 8 |
| one relocator at any time.
Equipment leases shall be filed with | 9 |
| the Commission. If equipment is leased
to one relocator, it | 10 |
| cannot thereafter be leased to another relocator until
a | 11 |
| written cancellation of lease is properly filed with the | 12 |
| Commission;
| 13 |
| (17) To use drivers or other personnel who are not | 14 |
| employees or
contractors of the relocator;
| 15 |
| (18) To fail to refund any amount charged in excess of the | 16 |
| reasonable
rates
rate established by the Commission;
| 17 |
| (19) To violate any other provision of this Chapter, or of | 18 |
| Commission
regulations or orders adopted under this Chapter.
| 19 |
| (Source: P.A. 88-448 .)
| 20 |
| (625 ILCS 5/18a-402.1 new)
| 21 |
| Sec. 18a-402.1. Relocator's licenses; expedited transfer | 22 |
| procedures. | 23 |
| (a) The Commission may provide for the transfer of a | 24 |
| license, without notice and hearing, and without the necessity | 25 |
| of making the findings provided for in Sections 18a-400 and | 26 |
| 18a-401, when the transfer is to: | 27 |
| (1) a member or members of the transferor's
immediate | 28 |
| family; | 29 |
| (2) a corporation, the stock of which is wholly
owned | 30 |
| by the transferor or members of the transferor's immediate | 31 |
| family or a member or members of the transferor | 32 |
| partnership; | 33 |
| (3) a member or members of a partnership of which
the | 34 |
| transferor is a partner; | 35 |
| (4) a stockholder or stockholders of the transferor
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| corporation or of a corporation wholly owned by the | 2 |
| transferor or the transferor's immediate family; | 3 |
| (5) the heirs of a person who dies intestate or the
| 4 |
| legatees of a testator, upon order of the court having | 5 |
| jurisdiction; | 6 |
| (6) the heirs or legatees of the transferor under
the | 7 |
| Probate Act of 1975; | 8 |
| (7) a corporation, more than 50% of the stock of
which | 9 |
| is controlled by the stockholders of the transferor | 10 |
| corporation; or | 11 |
| (8) a corporation, all of the stock of which is
| 12 |
| controlled by a member or members of the immediate family | 13 |
| of the stockholder or stockholders of the transferor | 14 |
| corporation. | 15 |
| (b) When a transfer of a license may be accomplished on an | 16 |
| expedited basis without notice and hearing through 2 or more | 17 |
| transactions of the type described in subsection (a), and they | 18 |
| do, in fact, represent a single, contemporaneous transaction, | 19 |
| then the Commission shall allow the transfer to be made as a | 20 |
| single transaction in a single application. It shall, however, | 21 |
| be the applicants' burden to demonstrate that the applicants | 22 |
| are entitled to this treatment of their application by setting | 23 |
| forth each of the individual qualifying transactions under | 24 |
| subsection (a) with the same detail and specificity as if each | 25 |
| individual application were filed. | 26 |
| (c) Upon the filing of an application for expedited | 27 |
| transfer under this Section, the Commission shall issue to the | 28 |
| proposed transferee a provisional license that shall remain | 29 |
| valid for 90 days. During that 90 days, the Commission shall | 30 |
| consider, with regard to the proposed transferee, the | 31 |
| following: | 32 |
| (1) the criminal conviction records of the applicant, | 33 |
| its owners or controllers, directors, officers, employees | 34 |
| and agents; | 35 |
| (2) the safety record of the applicant, its owners or | 36 |
| controllers, directors, officers, employees and agents; |
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| (3) the compliance record of the applicant, its owners | 2 |
| or controllers, directors, officers, employees and agents; | 3 |
| (4) the equipment, facilities, and storage lots of the | 4 |
| applicant; and | 5 |
| (5) other facts which may bear on the fitness of the | 6 |
| applicant, its owners or controllers, directors, officers, | 7 |
| employees and agents to hold a relocator's license. | 8 |
| (d) The Commission shall issue a new relocator's license to | 9 |
| the proposed transferee if the Commission determines, after | 10 |
| completion of the investigation described in subsection (c), | 11 |
| that the proposed transferee is fit, willing, and able properly | 12 |
| to perform the proposed service and to conform to the law and | 13 |
| the rules and of the Commission. The license shall be deemed a | 14 |
| successor license bearing all of the obligations and | 15 |
| responsibilities of the original licensee under this Act. | 16 |
| (e) The Commission shall deny the expedited transfer | 17 |
| application if the the Commission determines, after completion | 18 |
| of the investigation, that the proposed transferee is not fit, | 19 |
| willing, and able properly to perform as described in | 20 |
| subsection (d).
| 21 |
| (625 ILCS 5/18a-402 rep.) (from Ch. 95 1/2, par. 18a-402)
| 22 |
| Section 10. The Illinois Vehicle Code is amended by | 23 |
| repealing Section 18a-402. | 24 |
| Section 15. The Labor and Storage Lien (Small Amount) Act | 25 |
| is amended by changing Section 1 as follows:
| 26 |
| (770 ILCS 50/1) (from Ch. 82, par. 47a)
| 27 |
| Sec. 1. Every person expending labor, services, skill or | 28 |
| material
upon or furnishing storage for any chattel at the | 29 |
| request of or with the
consent of its owner, authorized agent | 30 |
| of the owner, or lawful possessor
thereof, in the amount of | 31 |
| $2,000 or less except as provided in Section 4-203 of the | 32 |
| Illinois Vehicle Code , shall have a lien upon such
chattel | 33 |
| beginning upon the date of commencement of such expenditure of
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| labor, services, skill, or materials or furnishing of storage, | 2 |
| for the
contract price for all such expenditure of labor, | 3 |
| services, skill, or
material, until the possession of such | 4 |
| chattel is voluntarily relinquished
to such owner or authorized | 5 |
| agent, or to one entitled to the possession thereof.
| 6 |
| For the purposes of this Act, a person, other than a driver | 7 |
| or a person
otherwise in control of a fire, police, emergency | 8 |
| or public utility vehicle
on official business, consents to | 9 |
| removal by towing of his or her vehicle
when he or she without | 10 |
| authorization parks such vehicle upon private property
while | 11 |
| having notice that unauthorized vehicles will be towed from | 12 |
| such property
by the owner of such property, or agent thereof, | 13 |
| at the vehicle owner's
expense, where such notice is provided | 14 |
| pursuant to State law, local
ordinances or regulation by any | 15 |
| state or local agency. Such notice must
include a sign of at | 16 |
| least 24 inches in height by 36 inches in width posted
in a | 17 |
| conspicuous place in the affected area at least 4 feet from the | 18 |
| ground
but not more than 8 feet from the ground. Such sign | 19 |
| shall be either
illuminated or painted with reflective paint, | 20 |
| or both and shall state the
amount of towing charges to which | 21 |
| the person may be subjected. However,
the requirement of the | 22 |
| sign provided for in this section shall not apply to
| 23 |
| residential property which, paying due regard to the | 24 |
| circumstances and the
surrounding area, is clearly reserved or | 25 |
| intended exclusively for the use
or occupation of residents or | 26 |
| their vehicles.
| 27 |
| The lien established herein shall also apply to labor, | 28 |
| services, skills
or material upon or furnishing storage for | 29 |
| towed vehicles performed by any
relocator or any other towing | 30 |
| service pursuant to the order of a law
enforcement official or | 31 |
| agency in accordance with Sections 4-201 through
4-214 of The | 32 |
| Illinois Vehicle Code. The lien created herein shall be valid
| 33 |
| even though the towing and storage is performed without the | 34 |
| vehicle owner's consent.
| 35 |
| (Source: P.A. 85-1283.)
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| 1 |
| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
|
|