Full Text of HB4694 95th General Assembly
HB4694ham001 95TH GENERAL ASSEMBLY
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Transportation and Motor Vehicles Committee
Filed: 3/11/2008
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09500HB4694ham001 |
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LRB095 18761 WGH 47969 a |
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| AMENDMENT TO HOUSE BILL 4694
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| AMENDMENT NO. ______. Amend House Bill 4694 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by | 5 |
| changing Sections 18d-105, 18d-115, and 18d-160 and by adding | 6 |
| Sections 18d-126, 18d-185, and 18d-190, and 18d-195 as follows: | 7 |
| (625 ILCS 5/18d-105) | 8 |
| (This Section may contain text from a Public Act with a | 9 |
| delayed effective date )
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| Sec. 18d-105. Definitions. As used in this Chapter: | 11 |
| (1) "Commercial vehicle safety relocator" or "safety | 12 |
| relocator" means any person or entity engaged in the business | 13 |
| of removing damaged or disabled vehicles from public or private | 14 |
| property by means of towing or otherwise ; however, the term | 15 |
| "commercial vehicle safety relocator" or the term "safety | 16 |
| relocator" does not include a person or entity licensed under |
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| Section 5-101 of this Code , and thereafter relocating and | 2 |
| storing such vehicles . | 3 |
| (2) "Commission" means the Illinois Commerce Commission.
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| (Source: P.A. 95-562, eff. 7-1-08.) | 5 |
| (625 ILCS 5/18d-115) | 6 |
| (This Section may contain text from a Public Act with a | 7 |
| delayed effective date )
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| Sec. 18d-115. It shall be unlawful for any commercial | 9 |
| vehicle safety relocator to operate in any county in which this | 10 |
| Chapter is applicable without a valid, current safety | 11 |
| relocator's registration certificate issued by the Illinois | 12 |
| Commerce Commission. The Illinois Commerce Commission shall | 13 |
| issue safety relocator's registration certificates in | 14 |
| accordance with administrative rules adopted by the | 15 |
| Commission. The annual registration fee payable to the | 16 |
| Commission shall be $800 for a safety relocator operating 3 or | 17 |
| fewer tow trucks, $1,600 for a safety relocator operating at | 18 |
| least 4 but not more than 8 tow trucks, and $3,000 for a safety | 19 |
| relocator operating 9 or more tow trucks. The Commission may, | 20 |
| at any time during the term of the registration certificate, | 21 |
| make inquiry, into the licensee's management or conduct of | 22 |
| business or otherwise, to determine that the provisions of this | 23 |
| Chapter and the rules of the Commission adopted under this | 24 |
| Chapter are being observed.
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| (Source: P.A. 95-562, eff. 7-1-08.) |
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| (625 ILCS 5/18d-126 new)
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| Sec. 18d-126. Disclosures to persons other than vehicle | 3 |
| owner or operator. An authorization to tow a damaged or | 4 |
| disabled vehicle may be made by a person other than the
vehicle | 5 |
| owner or operator if the disclosures required by Sections | 6 |
| 18d-120 and 18d-125 of this
Chapter are provided to the third | 7 |
| party authorizer. | 8 |
| (625 ILCS 5/18d-160) | 9 |
| (This Section may contain text from a Public Act with a | 10 |
| delayed effective date )
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| Sec. 18d-160. Unlawful practice. Any commercial vehicle
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| safety relocator engaged in the relocation or storage of
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| damaged or disabled vehicles who fails to comply with Sections
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| 18d-115, 18d-120, 18d-125, 18d-130, 18d-135, or 18d-150 , or | 15 |
| 18d-185 of this Code
commits an unlawful practice within the | 16 |
| meaning of the Consumer
Fraud and Deceptive Business Practices | 17 |
| Act.
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| (Source: P.A. 95-562, eff. 7-1-08.) | 19 |
| (625 ILCS 5/18d-185 new) | 20 |
| Sec. 18d-185. Solicitation at the scene of an accident or | 21 |
| disablement. It is a violation of this Chapter for any towing | 22 |
| service, or any employee or agent of a towing service, to | 23 |
| solicit the owner or operator of a motor vehicle, or his or her |
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| agent, at the scene of an accident or disablement to provide | 2 |
| towing, storage, or incidental services with respect to a | 3 |
| damaged or disabled vehicle. | 4 |
| (625 ILCS 5/18d-190 new) | 5 |
| Sec. 18d-190. Exemptions. The provisions of this Chapter do | 6 |
| not apply to: | 7 |
| (1) towing authorized by a law enforcement agency or | 8 |
| officer, as evidenced by a tow sheet issued by the law | 9 |
| enforcement agency or officer, or, if no tow sheet was | 10 |
| issued by the authorizing law enforcement agency or | 11 |
| officer, then evidenced by records of the safety relocator | 12 |
| showing the
date and time of authorization, the department | 13 |
| or star or badge number of the officer from whom | 14 |
| authorization was received, and the incident report number | 15 |
| assigned by the law enforcement agency or officer, and | 16 |
| storage and incidental services related to such police | 17 |
| towing; or | 18 |
| (2) towing authorized by a written contract | 19 |
| establishing a predetermined cost of all relocation, | 20 |
| storage, and any other fees that the commercial vehicle | 21 |
| safety relocator will charge for its services. | 22 |
| (625 ILCS 5/18d-195 new)
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| Sec. 18d-195. No authority to make or promulgate rules. | 24 |
| Notwithstanding any other rulemaking authority that may exist, |
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| neither the Governor nor any agency or agency head under the | 2 |
| jurisdiction of the Governor has any authority to make or | 3 |
| promulgate rules to implement or enforce the provisions of this | 4 |
| amendatory Act of the 95th General Assembly. If, however, the | 5 |
| Governor believes that rules are necessary to implement or | 6 |
| enforce the provisions of this amendatory Act of the 95th | 7 |
| General Assembly, the Governor may suggest rules to the General | 8 |
| Assembly by filing them with the Clerk of the House and | 9 |
| Secretary of the Senate and by requesting that the General | 10 |
| Assembly authorize such rulemaking by law, enact those | 11 |
| suggested rules into law, or take any other appropriate action | 12 |
| in the General Assembly's discretion. Nothing contained in this | 13 |
| amendatory Act of the 95th General Assembly shall be | 14 |
| interpreted to grant rulemaking authority under any other | 15 |
| Illinois statute where such authority is not otherwise | 16 |
| explicitly given. For the purposes of this Section, "rules" is | 17 |
| given the meaning contained in Section 1-70 of the Illinois | 18 |
| Administrative Procedure Act, and "agency" and "agency head" | 19 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 20 |
| the Illinois Administrative Procedure Act to the extent that | 21 |
| such definitions apply to agencies or agency heads under the | 22 |
| jurisdiction of the Governor.
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| Section 10. The Consumer Fraud and Deceptive Business | 24 |
| Practices Act is amended by changing Section 2Z as follows:
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| (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
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| (Text of Section before amendment by P.A. 95-562 ) | 3 |
| Sec. 2Z. Violations of other Acts. Any person who knowingly | 4 |
| violates
the Automotive Repair Act, the Automotive Collision | 5 |
| Repair Act,
the Home Repair and Remodeling Act,
the Dance | 6 |
| Studio Act,
the Physical Fitness Services Act,
the Hearing | 7 |
| Instrument Consumer Protection Act,
the Illinois Union Label | 8 |
| Act,
the Job Referral and Job Listing Services Consumer | 9 |
| Protection Act,
the Travel Promotion Consumer Protection Act,
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| the Credit Services Organizations Act,
the Automatic Telephone | 11 |
| Dialers Act,
the Pay-Per-Call Services Consumer Protection | 12 |
| Act,
the Telephone Solicitations Act,
the Illinois Funeral or | 13 |
| Burial Funds Act,
the Cemetery Care Act,
the Safe and Hygienic | 14 |
| Bed Act,
the Pre-Need Cemetery Sales Act,
the High Risk Home | 15 |
| Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud | 16 |
| Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax | 17 |
| Act, the Payday Loan Reform Act, subsection
(a) or (b) of | 18 |
| Section 3-10 of the Cigarette Use Tax Act, the Electronic
Mail | 19 |
| Act, the Internet Caller Identification Act, paragraph (6)
of
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| subsection (k) of Section 6-305 of the Illinois Vehicle Code, | 21 |
| Article 3 of the Residential Real Property Disclosure Act, the | 22 |
| Automatic Contract Renewal Act, or the Personal Information | 23 |
| Protection Act commits an unlawful practice within the meaning | 24 |
| of this Act.
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| (Source: P.A. 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, | 26 |
| eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07; 95-413, |
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| eff. 1-1-08.)
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| (Text of Section after amendment by P.A. 95-562 ) | 3 |
| Sec. 2Z. Violations of other Acts. Any person who knowingly | 4 |
| violates
the Automotive Repair Act, the Automotive Collision | 5 |
| Repair Act,
the Home Repair and Remodeling Act,
the Dance | 6 |
| Studio Act,
the Physical Fitness Services Act,
the Hearing | 7 |
| Instrument Consumer Protection Act,
the Illinois Union Label | 8 |
| Act,
the Job Referral and Job Listing Services Consumer | 9 |
| Protection Act,
the Travel Promotion Consumer Protection Act,
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| the Credit Services Organizations Act,
the Automatic Telephone | 11 |
| Dialers Act,
the Pay-Per-Call Services Consumer Protection | 12 |
| Act,
the Telephone Solicitations Act,
the Illinois Funeral or | 13 |
| Burial Funds Act,
the Cemetery Care Act,
the Safe and Hygienic | 14 |
| Bed Act,
the Pre-Need Cemetery Sales Act,
the High Risk Home | 15 |
| Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud | 16 |
| Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax | 17 |
| Act, the Payday Loan Reform Act, subsection
(a) or (b) of | 18 |
| Section 3-10 of the Cigarette Use Tax Act, the Electronic
Mail | 19 |
| Act, the Internet Caller Identification Act, paragraph (6)
of
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| subsection (k) of Section 6-305 of the Illinois Vehicle Code, | 21 |
| Section 18d-115, 18d-120, 18d-125, 18d-135, or 18d-150 , or | 22 |
| 18d-185 of the Illinois Vehicle Code, Article 3 of the | 23 |
| Residential Real Property Disclosure Act, the Automatic | 24 |
| Contract Renewal Act, or the Personal Information Protection | 25 |
| Act commits an unlawful practice within the meaning of this |
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| Act.
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| Notwithstanding any other rulemaking authority that may | 3 |
| exist, neither the Governor nor any agency or agency head under | 4 |
| the jurisdiction of the Governor has any authority to make or | 5 |
| promulgate rules to implement or enforce the provisions of this | 6 |
| amendatory Act of the 95th General Assembly. If, however, the | 7 |
| Governor believes that rules are necessary to implement or | 8 |
| enforce the provisions of this amendatory Act of the 95th | 9 |
| General Assembly, the Governor may suggest rules to the General | 10 |
| Assembly by filing them with the Clerk of the House and | 11 |
| Secretary of the Senate and by requesting that the General | 12 |
| Assembly authorize such rulemaking by law, enact those | 13 |
| suggested rules into law, or take any other appropriate action | 14 |
| in the General Assembly's discretion. Nothing contained in this | 15 |
| amendatory Act of the 95th General Assembly shall be | 16 |
| interpreted to grant rulemaking authority under any other | 17 |
| Illinois statute where such authority is not otherwise | 18 |
| explicitly given. For the purposes of this Section, "rules" is | 19 |
| given the meaning contained in Section 1-70 of the Illinois | 20 |
| Administrative Procedure Act, and "agency" and "agency head" | 21 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 22 |
| the Illinois Administrative Procedure Act to the extent that | 23 |
| such definitions apply to agencies or agency heads under the | 24 |
| jurisdiction of the Governor. | 25 |
| (Source: P.A. 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, | 26 |
| eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07; 95-413, |
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| eff. 1-1-08; 95-562, eff. 7-1-08; revised 10-17-07.)
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| Section 95. No acceleration or delay. Where this Act makes | 3 |
| changes in a statute that is represented in this Act by text | 4 |
| that is not yet or no longer in effect (for example, a Section | 5 |
| represented by multiple versions), the use of that text does | 6 |
| not accelerate or delay the taking effect of (i) the changes | 7 |
| made by this Act or (ii) provisions derived from any other | 8 |
| Public Act. | 9 |
| Section 999. Effective date. This Act takes effect July 1, | 10 |
| 2008.".
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