Full Text of SB0254 95th General Assembly
SB0254sam001 95TH GENERAL ASSEMBLY
|
Sen. Pamela J. Althoff
Filed: 2/27/2007
|
|
09500SB0254sam001 |
|
LRB095 04997 DRH 32309 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 254
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 254 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Vehicle Code is amended by | 5 |
| changing Sections 4-203, 18a-105, and 18a-200 as follows: | 6 |
| (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
| 7 |
| Sec. 4-203. Removal of motor vehicles or other vehicles; | 8 |
| Towing or
hauling away.
| 9 |
| (a) When a vehicle is abandoned, or left unattended, on a | 10 |
| toll
highway, interstate highway, or expressway for 2 hours or | 11 |
| more, its
removal by a towing service may be authorized by a | 12 |
| law enforcement
agency having jurisdiction.
| 13 |
| (b) When a vehicle is abandoned on a highway in an urban | 14 |
| district 10
hours or more, its removal by a towing service may | 15 |
| be authorized by a
law enforcement agency having jurisdiction.
| 16 |
| (c) When a vehicle is abandoned or left unattended on a |
|
|
|
09500SB0254sam001 |
- 2 - |
LRB095 04997 DRH 32309 a |
|
| 1 |
| highway
other than a toll highway, interstate highway, or | 2 |
| expressway, outside of
an urban district for 24 hours or more, | 3 |
| its removal by a towing service
may be authorized by a law | 4 |
| enforcement agency having jurisdiction.
| 5 |
| (d) When an abandoned, unattended, wrecked, burned or | 6 |
| partially
dismantled vehicle is creating a traffic hazard | 7 |
| because of its position
in relation to the highway or its | 8 |
| physical appearance is causing the
impeding of traffic, its | 9 |
| immediate removal from the highway or private
property adjacent | 10 |
| to the highway by a towing service may be authorized
by a law | 11 |
| enforcement agency having jurisdiction.
| 12 |
| (e) Whenever a
peace officer reasonably believes that a | 13 |
| person under
arrest for a violation of Section 11-501 of this | 14 |
| Code or a similar
provision of a local ordinance is likely, | 15 |
| upon release, to commit a
subsequent violation of Section | 16 |
| 11-501, or a similar provision of a local
ordinance, the | 17 |
| arresting officer shall have the vehicle which the person
was | 18 |
| operating at the time of the arrest impounded for a period of | 19 |
| not more
than 12 hours after the time of arrest. However, such | 20 |
| vehicle may be
released by the arresting law enforcement agency | 21 |
| prior to the end of the
impoundment period if:
| 22 |
| (1) the vehicle was not owned by the person under | 23 |
| arrest, and the lawful
owner requesting such release | 24 |
| possesses a valid operator's license, proof
of ownership, | 25 |
| and would not, as determined by the arresting law | 26 |
| enforcement
agency, indicate a lack of ability to operate a |
|
|
|
09500SB0254sam001 |
- 3 - |
LRB095 04997 DRH 32309 a |
|
| 1 |
| motor vehicle in a safe
manner, or who would otherwise, by | 2 |
| operating such motor vehicle, be in
violation of this Code; | 3 |
| or
| 4 |
| (2) the vehicle is owned by the person under arrest, | 5 |
| and the person
under arrest gives permission to another | 6 |
| person to operate such vehicle,
provided however, that the | 7 |
| other person possesses a valid operator's license
and would | 8 |
| not, as determined by the arresting law enforcement
agency, | 9 |
| indicate a lack of ability to operate a motor vehicle in a | 10 |
| safe
manner or who would otherwise, by operating such motor | 11 |
| vehicle, be in
violation of this Code.
| 12 |
| (e-5) Whenever a registered owner of a vehicle is taken | 13 |
| into custody for
operating the vehicle in violation of Section | 14 |
| 11-501 of this Code or a similar
provision of a local ordinance | 15 |
| or Section 6-303 of this Code, a
law enforcement officer
may | 16 |
| have the vehicle immediately impounded for a period not less | 17 |
| than:
| 18 |
| (1) 24 hours for a second violation of Section 11-501 | 19 |
| of this Code or a
similar provision of a local ordinance or | 20 |
| Section 6-303
of
this Code or a combination of these | 21 |
| offenses; or
| 22 |
| (2) 48 hours for a third violation of Section 11-501 of | 23 |
| this Code or a
similar provision of a local ordinance or | 24 |
| Section 6-303 of this
Code or a combination of these | 25 |
| offenses.
| 26 |
| The vehicle may be released sooner if the vehicle is owned |
|
|
|
09500SB0254sam001 |
- 4 - |
LRB095 04997 DRH 32309 a |
|
| 1 |
| by the person
under arrest and the person under arrest gives | 2 |
| permission to another person to
operate the vehicle and that | 3 |
| other person possesses a valid operator's license
and would | 4 |
| not, as determined by the arresting law enforcement agency, | 5 |
| indicate
a lack of ability to operate a motor vehicle in a safe | 6 |
| manner or would
otherwise, by operating the motor vehicle, be | 7 |
| in violation of this Code.
| 8 |
| (f) Except as provided in Chapter 18a of this Code, the | 9 |
| owner or
lessor of privately owned real property within this | 10 |
| State, or any person
authorized by such owner or lessor, or any | 11 |
| law enforcement agency in the
case of publicly owned real | 12 |
| property may cause any motor vehicle abandoned
or left | 13 |
| unattended upon such property without permission to be removed | 14 |
| by a
towing service without liability for the costs of removal, | 15 |
| transportation
or storage or damage caused by such removal, | 16 |
| transportation or storage.
The towing or removal of any vehicle | 17 |
| from private property without the
consent of the registered | 18 |
| owner or other legally authorized person in
control of the | 19 |
| vehicle is subject to compliance with the following
conditions | 20 |
| and restrictions:
| 21 |
| 1. Any towed or removed vehicle must be stored at the | 22 |
| site of the towing
service's place of business. The site | 23 |
| must be open during business hours,
and for the purpose of | 24 |
| redemption of vehicles, during the time that the
person or | 25 |
| firm towing such vehicle is open for towing purposes.
| 26 |
| 2. The towing service shall within 30 minutes of |
|
|
|
09500SB0254sam001 |
- 5 - |
LRB095 04997 DRH 32309 a |
|
| 1 |
| completion of such
towing or removal, notify the law | 2 |
| enforcement agency having jurisdiction of
such towing or | 3 |
| removal, and the make, model, color and license plate | 4 |
| number
of the vehicle, and shall obtain and record the name | 5 |
| of the person at the law
enforcement agency to whom such | 6 |
| information was reported.
| 7 |
| 3. If the registered owner or legally authorized person | 8 |
| entitled to
possession of the vehicle shall arrive at the | 9 |
| scene prior to actual removal
or towing of the vehicle, the | 10 |
| vehicle shall be disconnected from the tow
truck and that | 11 |
| person shall be allowed to remove the vehicle without
| 12 |
| interference, upon the payment of a reasonable service fee | 13 |
| of not more than
one half the posted rate of the towing | 14 |
| service as provided in paragraph
6 of this subsection, for | 15 |
| which a receipt shall be given.
| 16 |
| 4. The rebate or payment of money or any other valuable | 17 |
| consideration
from the towing service or its owners, | 18 |
| managers or employees to the owners
or operators of the | 19 |
| premises from which the vehicles are towed or removed,
for | 20 |
| the privilege of removing or towing those vehicles, is | 21 |
| prohibited. Any
individual who violates this paragraph | 22 |
| shall be guilty of a Class A
misdemeanor.
| 23 |
| 5. Except for property appurtenant to and obviously a | 24 |
| part of a single
family residence, and except for instances | 25 |
| where notice is personally given
to the owner or other | 26 |
| legally authorized person in control of the vehicle
that |
|
|
|
09500SB0254sam001 |
- 6 - |
LRB095 04997 DRH 32309 a |
|
| 1 |
| the area in which that vehicle is parked is reserved or | 2 |
| otherwise
unavailable to unauthorized vehicles and they | 3 |
| are subject to being removed
at the owner or operator's | 4 |
| expense, any property owner or lessor, prior to
towing or | 5 |
| removing any vehicle from private property without the | 6 |
| consent of
the owner or other legally authorized person in | 7 |
| control of that vehicle,
must post a notice meeting the | 8 |
| following requirements:
| 9 |
| a. Except as otherwise provided in subparagraph | 10 |
| a.1 of this subdivision (f)5, the notice must be | 11 |
| prominently placed at each driveway access or curb
cut | 12 |
| allowing vehicular access to the property within 5 feet | 13 |
| from the public
right-of-way line. If there are no | 14 |
| curbs or access barriers, the sign must
be posted not | 15 |
| less than one sign each 100 feet of lot frontage.
| 16 |
| a.1. In a municipality with a population of less | 17 |
| than 250,000, as an alternative to the requirement of | 18 |
| subparagraph a of this subdivision (f)5, the notice for | 19 |
| a parking lot contained within property used solely for | 20 |
| a 2-family, 3-family, or 4-family residence may be | 21 |
| prominently placed at the perimeter of the parking lot, | 22 |
| in a position where the notice is visible to the | 23 |
| occupants of vehicles entering the lot.
| 24 |
| b. The notice must indicate clearly, in not less | 25 |
| than 2 inch high
light-reflective letters on a | 26 |
| contrasting background, that unauthorized
vehicles |
|
|
|
09500SB0254sam001 |
- 7 - |
LRB095 04997 DRH 32309 a |
|
| 1 |
| will be towed away at the owner's expense.
| 2 |
| c. The notice must also provide the name and | 3 |
| current telephone
number of the towing service towing | 4 |
| or removing the vehicle.
| 5 |
| d. The sign structure containing the required | 6 |
| notices must be
permanently installed with the bottom | 7 |
| of the sign not less than 4 feet
above ground level, | 8 |
| and must be continuously maintained on the property for
| 9 |
| not less than 24 hours prior to the towing or removing | 10 |
| of any vehicle.
| 11 |
| 6. Any towing service that tows or removes vehicles and | 12 |
| proposes to
require the owner, operator, or person in | 13 |
| control of the vehicle to pay the
costs of towing and | 14 |
| storage prior to redemption of the vehicle must file
and | 15 |
| keep on record with the local law enforcement agency a | 16 |
| complete copy of
the current rates to be charged for such | 17 |
| services, and post at the storage
site an identical rate | 18 |
| schedule and any written contracts with property
owners, | 19 |
| lessors, or persons in control of property which authorize | 20 |
| them to
remove vehicles as provided in this Section.
The | 21 |
| towing and storage charges, however, shall not exceed the | 22 |
| maximum allowed by the Illinois Commerce Commission under | 23 |
| Section 18a-200.
| 24 |
| 7. No person shall engage in the removal of vehicles | 25 |
| from private
property as described in this Section without | 26 |
| filing a notice of intent
in each community where he |
|
|
|
09500SB0254sam001 |
- 8 - |
LRB095 04997 DRH 32309 a |
|
| 1 |
| intends to do such removal, and such
notice shall be filed | 2 |
| at least 7 days before commencing such towing.
| 3 |
| 8. No removal of a vehicle from private property shall | 4 |
| be done except
upon express written instructions of the | 5 |
| owners or persons in charge of the
private property upon | 6 |
| which the vehicle is said to be trespassing.
| 7 |
| 9. Vehicle entry for the purpose of removal shall be | 8 |
| allowed with
reasonable care on the part of the person or | 9 |
| firm towing the vehicle. Such
person or firm shall be | 10 |
| liable for any damages occasioned to the vehicle if
such | 11 |
| entry is not in accordance with the standards of reasonable | 12 |
| care.
| 13 |
| 10. When a vehicle has been towed or removed pursuant | 14 |
| to this Section,
it must be released to its owner or | 15 |
| custodian within one half hour after
requested, if such | 16 |
| request is made during business hours. Any vehicle owner
or | 17 |
| custodian or agent shall have the right to inspect the | 18 |
| vehicle before
accepting its return, and no release or | 19 |
| waiver of any kind which would
release the towing service | 20 |
| from liability for damages incurred during the
towing and | 21 |
| storage may be required from any vehicle owner or other | 22 |
| legally
authorized person as a condition of release of the | 23 |
| vehicle. A detailed,
signed receipt showing the legal name | 24 |
| of the towing service must be given
to the person paying | 25 |
| towing or storage charges at the time of payment,
whether | 26 |
| requested or not.
|
|
|
|
09500SB0254sam001 |
- 9 - |
LRB095 04997 DRH 32309 a |
|
| 1 |
| This Section shall not apply to law enforcement, | 2 |
| firefighting, rescue,
ambulance, or other emergency vehicles | 3 |
| which are marked as such or to
property owned by any | 4 |
| governmental entity.
| 5 |
| When an authorized person improperly causes a motor vehicle | 6 |
| to be
removed, such person shall be liable to the owner or | 7 |
| lessee of the vehicle
for the cost or removal, transportation | 8 |
| and storage, any damages resulting
from the removal, | 9 |
| transportation and storage, attorney's fee and court costs.
| 10 |
| Any towing or storage charges accrued shall be payable by | 11 |
| the use of any
major credit card, in addition to being payable | 12 |
| in cash.
| 13 |
| 11. Towing companies shall also provide insurance | 14 |
| coverage for areas
where vehicles towed under the | 15 |
| provisions of this Chapter will be impounded
or otherwise | 16 |
| stored, and shall adequately cover loss by fire, theft or
| 17 |
| other risks.
| 18 |
| Any person who fails to comply with the conditions and | 19 |
| restrictions of
this subsection shall be guilty of a Class C | 20 |
| misdemeanor and shall be fined
not less than $100 nor more than | 21 |
| $500.
| 22 |
| (g) When a vehicle is determined to be a hazardous | 23 |
| dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | 24 |
| Illinois Municipal Code, its
removal and impoundment by a | 25 |
| towing service may be authorized by a law
enforcement agency | 26 |
| with appropriate jurisdiction.
|
|
|
|
09500SB0254sam001 |
- 10 - |
LRB095 04997 DRH 32309 a |
|
| 1 |
| When a vehicle removal from either public or private | 2 |
| property is
authorized by a law enforcement agency, the owner | 3 |
| of the vehicle shall be
responsible for all towing and storage | 4 |
| charges.
| 5 |
| Vehicles removed from public or private property and
stored | 6 |
| by a commercial vehicle relocator or any other towing service | 7 |
| in
compliance with this Section and Sections 4-201 and 4-202
of | 8 |
| this Code, or at the request of the vehicle owner or operator,
| 9 |
| shall
be subject to a possessor lien for services
pursuant to | 10 |
| the Labor and Storage Lien (Small Amount) Act. The provisions | 11 |
| of Section 1 of that Act relating to notice
and implied consent | 12 |
| shall be deemed satisfied by compliance with Section
18a-302 | 13 |
| and subsection (6) of Section 18a-300. In no event shall such | 14 |
| lien
be greater than the rate or rates established in | 15 |
| accordance with subsection
(6) of Section 18a-200 of this Code. | 16 |
| In no event shall such lien be
increased or altered to reflect | 17 |
| any charge for services or materials
rendered in addition to | 18 |
| those authorized by this Act. Every such lien
shall be payable | 19 |
| by use of any major credit card, in addition to being
payable | 20 |
| in cash.
| 21 |
| Any personal property belonging to the vehicle owner in a | 22 |
| vehicle subject to a lien under this
subsection
(g) shall | 23 |
| likewise be subject to that lien, excepting only:
food; | 24 |
| medicine; perishable property; any operator's licenses; any | 25 |
| cash, credit
cards, or checks or checkbooks; and any wallet, | 26 |
| purse, or other property
containing any operator's license or |
|
|
|
09500SB0254sam001 |
- 11 - |
LRB095 04997 DRH 32309 a |
|
| 1 |
| other identifying documents or materials,
cash, credit cards, | 2 |
| checks, or checkbooks.
| 3 |
| No lien under this subsection (g) shall:
exceed $2,000 in | 4 |
| its total amount; or
be increased or altered to reflect any | 5 |
| charge for services or
materials rendered in addition to those | 6 |
| authorized by this Act.
| 7 |
| (Source: P.A. 94-522, eff. 8-10-05; 94-784, eff. 1-1-07.)
| 8 |
| (625 ILCS 5/18a-105) (from Ch. 95 1/2, par. 18a-105)
| 9 |
| Sec. 18a-105. Exemptions. This Chapter shall not apply to | 10 |
| the
relocation of motorcycles. :
| 11 |
| (1) Vehicles registered for a gross weight in excess of | 12 |
| 10,000 pounds,
or if the vehicle is not registered, with a | 13 |
| gross weight in excess of
10,000 pounds including vehicle | 14 |
| weight and maximum load; or
| 15 |
| (2) Motorcycles.
| 16 |
| Such relocation shall be governed by the provisions of | 17 |
| Section 4-203
of this Code.
| 18 |
| (Source: P.A. 85-923.)
| 19 |
| (625 ILCS 5/18a-200) (from Ch. 95 1/2, par. 18a-200)
| 20 |
| Sec. 18a-200. General powers and duties of Commission. The | 21 |
| Commission shall:
| 22 |
| (1) Regulate commercial vehicle relocators and their | 23 |
| employees or agents in
accordance with this Chapter and to that | 24 |
| end may establish reasonable
requirements with respect to |
|
|
|
09500SB0254sam001 |
- 12 - |
LRB095 04997 DRH 32309 a |
|
| 1 |
| proper service and practices relating
thereto;
| 2 |
| (2) Require the maintenance of uniform systems of accounts, | 3 |
| records
and the preservation thereof;
| 4 |
| (3) Require that all drivers and other personnel used in | 5 |
| relocation be
employees of a licensed relocator;
| 6 |
| (4) Regulate equipment leasing to and by relocators;
| 7 |
| (5) Adopt reasonable and proper rules covering the exercise | 8 |
| of
powers conferred upon it by this Chapter, and reasonable | 9 |
| rules governing
investigations, hearings and proceedings under | 10 |
| this Chapter;
| 11 |
| (6) Set reasonable rates for the commercial towing or | 12 |
| removal of trespassing
vehicles from private property. The | 13 |
| rates shall not exceed the mean average of
the 5 highest rates | 14 |
| for police tows within the territory to which this Chapter
| 15 |
| applies that are performed under Sections 4-201 and 4-214 of | 16 |
| this Code and that
are of record at hearing; provided that the | 17 |
| Commission shall not re-calculate
the maximum specified herein | 18 |
| if the order containing the previous calculation
was entered | 19 |
| within one calendar year of the date on which the new order is
| 20 |
| entered. Set reasonable rates for the storage, for periods in | 21 |
| excess of 24
hours, of the vehicles in connection with the | 22 |
| towing or removal; however,
no relocator shall impose charges | 23 |
| for storage for the first 24 hours
after towing or removal. Set | 24 |
| reasonable rates for other services provided
by relocators, | 25 |
| provided that the rates shall not be charged to the owner or
| 26 |
| operator of a relocated vehicle. The maximum rates allowed for |
|
|
|
09500SB0254sam001 |
- 13 - |
LRB095 04997 DRH 32309 a |
|
| 1 |
| towing, storage, and other services shall be posted on the | 2 |
| Illinois Commerce Commission website. Any fee charged by a
| 3 |
| relocator for the use of a credit card that is used to pay for | 4 |
| any service
rendered by the relocator shall be included in the | 5 |
| total amount that shall
not exceed the maximum reasonable rate | 6 |
| established by the Commission. The
Commission shall require a | 7 |
| relocator to refund any amount charged in excess
of the | 8 |
| reasonable rate established by the Commission, including any | 9 |
| fee for
the use of a credit card;
| 10 |
| (7) Investigate and maintain current files of the criminal | 11 |
| records,
if any, of all relocators and their employees and of | 12 |
| all applicants for
relocator's license, operator's licenses | 13 |
| and dispatcher's licenses. If the
Commission determines that an | 14 |
| applicant for a license issued
under this Chapter will be | 15 |
| subjected to a criminal history records
check, the applicant | 16 |
| shall submit his or her fingerprints to the
Department of State | 17 |
| Police in the form and manner prescribed by the Department
of | 18 |
| State Police. These fingerprints shall be checked against the | 19 |
| Department
of State Police and Federal Bureau of Investigation | 20 |
| criminal history record
information databases now and | 21 |
| hereafter filed. The Department of State Police
shall charge | 22 |
| the applicant a
fee
for conducting the criminal history records | 23 |
| check, which shall be deposited in
the State Police Services | 24 |
| Fund and shall not exceed the actual cost of the
records check. | 25 |
| The Department of State Police shall furnish pursuant to
| 26 |
| positive
identification, records of conviction to the |
|
|
|
09500SB0254sam001 |
- 14 - |
LRB095 04997 DRH 32309 a |
|
| 1 |
| Commission;
| 2 |
| (8) Issue relocator's licenses, dispatcher's employment | 3 |
| permits, and
operator's employment permits in accordance with | 4 |
| Article IV of this Chapter;
| 5 |
| (9) Establish fitness standards for applicants seeking | 6 |
| relocator
licensees and holders of relocator licenses;
| 7 |
| (10) Upon verified complaint in writing by any
person, | 8 |
| organization or body politic, or upon its own initiative may,
| 9 |
| investigate whether any commercial vehicle relocator, | 10 |
| operator, dispatcher,
or person otherwise required to comply | 11 |
| with any provision of this Chapter
or any rule promulgated | 12 |
| hereunder, has failed to comply with any
provision or rule;
| 13 |
| (11) Whenever the Commission receives notice from the | 14 |
| Secretary of State
that any domestic or foreign corporation | 15 |
| regulated under this Chapter has
not paid a franchise tax, | 16 |
| license fee or penalty required under the Business
Corporation | 17 |
| Act of 1983, institute proceedings
for the revocation of the | 18 |
| license or right to engage in any business
required under this | 19 |
| Chapter or the suspension thereof until such time as
the | 20 |
| delinquent franchise tax, license fee or penalty is paid.
| 21 |
| (Source: P.A. 93-418, eff. 1-1-04.)
| 22 |
| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.".
|
|