Full Text of HB3124 102nd General Assembly
HB3124 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3124 Introduced 2/19/2021, by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/18a-300.5 new | | 625 ILCS 5/18c-1204 | from Ch. 95 1/2, par. 18c-1204 | 625 ILCS 5/18d-137 new | |
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Amends the Illinois Vehicle Code. Provides that the Transportation Division of the Illinois Commerce Commission shall establish a statewide database in which any licensed tow operator may enter information regarding vehicles towed for safety or relocation purposes. Provides that the database: shall allow each tow operator to have its own login in order to facilitate the entry of information via a mobile device; may
integrate with existing law enforcement databases; may have a vehicle identification number validation feature to permit only valid vehicle identification numbers to be submitted to the database; shall include the name of the tow company that took possession of the vehicle; and
shall be available to the public. Provides that, within one hour after a vehicle is relocated, a commercial or safety relocator shall notify the law enforcement agency having jurisdiction in the area from which the vehicle was relocated by electronically entering the information into the database. Provides that the commercial or safety relocator shall maintain records documenting the notification. Provides that a commercial or safety relocator in possession of a vehicle that has remained unclaimed for a period of 15 days after having been towed shall, within 5 days after the expiration of that period, report the vehicle as unclaimed by entering the information into the database. Provides that notification shall include specified information. Provides that a commercial or safety relocator that fails to enter the information into the database as required may not charge or collect any amount in connection with the relocation, processing, or storage of the vehicle or dispose of the unclaimed vehicle.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 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 Section 18c-1204 and by adding Sections 18a-300.5 and | 6 | | 18d-137 as follows: | 7 | | (625 ILCS 5/18a-300.5 new) | 8 | | Sec. 18a-300.5. Electronic notification. | 9 | | (a) Not later than one hour after a vehicle is relocated, | 10 | | the relocator shall electronically notify the law enforcement | 11 | | agency having jurisdiction in the area from which the vehicle | 12 | | was relocated by entering the information set forth in | 13 | | subsection (c) into the statewide, publicly available database | 14 | | created under subsection (4) of Section 18c-1204. Relocators | 15 | | shall maintain records documenting the notification made under | 16 | | this subsection. | 17 | | (b) A relocator in possession of a vehicle that has | 18 | | remained unclaimed for a period of 15 days after having been | 19 | | towed shall report, within 5 days after the expiration of that | 20 | | period, the vehicle as unclaimed by entering the information | 21 | | into the statewide, publicly available database created under | 22 | | subsection (4) of Section 18c-1204. | 23 | | (c) The notification required by this Section shall |
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| 1 | | include the following: | 2 | | (1) the name, address, and telephone number of the | 3 | | relocator; | 4 | | (2) the license number of the relocator; | 5 | | (3) the color, make, model, vehicle identification | 6 | | number, and license number of the vehicle relocated; | 7 | | (4) the date and time of the relocation; | 8 | | (5) the address of the property from which the vehicle | 9 | | was relocated; | 10 | | (6) the address to which the vehicle was relocated; | 11 | | (7) other information as required by the Illinois | 12 | | Commerce Commission. | 13 | | (d) A relocator that fails to comply with this Section may | 14 | | not: | 15 | | (1) charge or collect any amount in connection with | 16 | | the relocation, processing, or storage of the vehicle; or | 17 | | (2) dispose of an unclaimed vehicle under Section | 18 | | 4-208 or 4-209.
| 19 | | (625 ILCS 5/18c-1204) (from Ch. 95 1/2, par. 18c-1204)
| 20 | | Sec. 18c-1204. Transportation Division.
| 21 | | (1) Establishment. There shall be established within the | 22 | | staff of the
Commission a Transportation Division in which | 23 | | primary staff responsibility for
the administration and | 24 | | enforcement of this Chapter and Chapter 18a shall be
vested. | 25 | | The Transportation Division shall be headed by a division |
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| 1 | | manager
responsible to the executive director.
| 2 | | (2) Structure. The Transportation Division shall consist | 3 | | of 4 programs
and 2 offices. The 4 programs shall be | 4 | | Compliance, Review and Examination,
Docketing and Processing, | 5 | | and Rail Safety. Each program shall be headed by
a program | 6 | | director and responsible to the division manager, except that | 7 | | in
the Compliance Program the 3 staff supervisors shall each | 8 | | be responsible to
the division manager. The 2 offices shall be | 9 | | the Office of Transportation
Counsel and the Office of the | 10 | | Division Manager. The Office of
Transportation Counsel shall | 11 | | be headed by a Chief Counsel responsible to
the Division | 12 | | Manager. The Division Manager shall coordinate the activities
| 13 | | and responsibilities of the Office of Transportation Counsel | 14 | | with the
executive director and the personal assistant serving | 15 | | as staff counsel to
the executive director in the office of the | 16 | | executive director, and with
the Commission.
| 17 | | (a) The Compliance Program.
| 18 | | (i) The Compliance Program shall consist of a | 19 | | police staff, a rate
auditing staff, and a civil | 20 | | penalties staff. These staffs shall be headed by a
| 21 | | Chief of Police, a Supervisor of Tariffs and Audits, | 22 | | and a Supervisor of Civil
Penalties, respectively.
| 23 | | (ii) The police staff shall be divided into | 24 | | districts with a field
office in each district. Each | 25 | | district shall be headed by a working supervisor
| 26 | | responsible to the Chief of Police. All staff |
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| 1 | | responsibility for enforcement
of this Chapter, except | 2 | | with regard to rail safety, shall be vested in the
| 3 | | Compliance Program.
| 4 | | (b) The Review and Examination Program.
| 5 | | (i) Staff responsibility for review of all | 6 | | nonhearing matters under this
Chapter and Chapter 18a | 7 | | and examination of all matters assigned for hearing
| 8 | | under this Chapter and Chapter 18a shall be vested in | 9 | | the Review and
Examination Program, except as | 10 | | otherwise provided in Section 18c-1204b.
| 11 | | (ii) Hearing examiners in the program shall have | 12 | | responsibility for
developing a full, complete and | 13 | | impartial record on all issues to be
decided in a | 14 | | proceeding; recommending disposition of the issues or | 15 | | making
an initial decision on them, as provided in | 16 | | this Chapter; and setting forth
in writing the basis | 17 | | for their recommendations or initial decisions.
The | 18 | | program director shall be the chief hearing examiner | 19 | | for matters under
this Chapter and Chapter 18a with | 20 | | responsibility to insure consistency of
| 21 | | recommendations and initial decisions.
| 22 | | (c) The Processing and Docketing Program. All staff | 23 | | responsibility for
docketing and processing filings, | 24 | | accounting of receipts and expenditures,
issuing, file | 25 | | maintenance and other processing functions under this | 26 | | Chapter
and Chapter 18a shall be vested in the Processing |
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| 1 | | Program.
| 2 | | (d) The Rail Safety Program. Staff responsibility for | 3 | | administration and
enforcement of the rail safety | 4 | | provisions of this Chapter shall be vested
in the Rail | 5 | | Safety Program.
| 6 | | (e) The Office of Transportation Counsel.
| 7 | | (i) All Commission staff responsibility for | 8 | | provision of legal services
in connection with any | 9 | | matter under this Chapter, excepting any matter under
| 10 | | subchapters 7 and 8 of this Chapter, or in connection | 11 | | with any matter under
Chapter 18a shall, except with | 12 | | regard to functions vested in the review and
| 13 | | examination program under paragraph (b) of this | 14 | | subsection, be vested
exclusively in the Office of | 15 | | Transportation Counsel.
| 16 | | (ii) The Office of Transportation Counsel shall, | 17 | | when directed through
the division manager to do so, | 18 | | represent the Commission or Commission staff
in | 19 | | administrative or judicial proceedings and render | 20 | | staff advisory
opinions to the executive director and | 21 | | the Commission.
| 22 | | (f) Levels of Administration. No additional levels of | 23 | | administration,
supervision or authority shall be | 24 | | superimposed, or remain superimposed,
between levels | 25 | | prescribed under this Section, and no organizational units
| 26 | | may be created within the Transportation Division except |
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| 1 | | as prescribed
under this Section.
| 2 | | (3) Additional Functions. Staff functions relating to | 3 | | rulemaking,
policy recommendations and advisory committees | 4 | | under this Chapter and
Chapter 18a shall be vested in the | 5 | | Transportation Division.
| 6 | | The staff shall prepare and distribute to the General | 7 | | Assembly, in
April of each year, a report on railway accidents | 8 | | in Illinois which involve
hazardous materials. The report | 9 | | shall include the location, substance
involved, amounts | 10 | | involved, and the suspected reason for each accident. The
| 11 | | report shall also reveal the rail line and point of origin of | 12 | | the hazardous
material involved in each accident. | 13 | | (4) Towed Vehicle Database. The Transportation Division | 14 | | shall establish a statewide database in which any licensed tow | 15 | | operator may enter information regarding vehicles towed for | 16 | | safety or relocation purposes. The database shall allow each | 17 | | tow operator to have its own login in order to facilitate the | 18 | | entry of information via a mobile device. The database may
| 19 | | integrate with existing law enforcement databases. The | 20 | | database may have a vehicle identification number validation | 21 | | feature to permit only valid vehicle identification numbers to | 22 | | be submitted to the database. The database shall include the | 23 | | name of the tow company that took possession of the vehicle. | 24 | | The database
shall be available to the public.
| 25 | | (Source: P.A. 88-415.)
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| 1 | | (625 ILCS 5/18d-137 new) | 2 | | Sec. 18d-137. Electronic notification. | 3 | | (a) Not later than one hour after a vehicle is relocated, | 4 | | the safety relocator shall electronically notify the law | 5 | | enforcement agency having jurisdiction in the area from which | 6 | | the vehicle was relocated by entering the information set | 7 | | forth in subsection (c) into the statewide, publicly available | 8 | | database created under subsection (4) of Section 18c-1204. | 9 | | Safety relocators shall maintain records documenting the | 10 | | notification made under this subsection. | 11 | | (b) A safety relocator in possession of a vehicle that has | 12 | | remained unclaimed for a period of 15 days after having been | 13 | | towed shall report, within 5 days after the expiration of that | 14 | | period, the vehicle as unclaimed by entering the information | 15 | | into the statewide, publicly available database created under | 16 | | subsection (4) of Section 18c-1204. | 17 | | (c) The notification required by this Section shall | 18 | | include the following: | 19 | | (1) the name, address, and telephone number of the | 20 | | safety relocator; | 21 | | (2) the license number of the safety relocator; | 22 | | (3) the color, make, model, vehicle identification | 23 | | number, and license number of the vehicle relocated; | 24 | | (4) the date and time of the relocation; | 25 | | (5) the address of the property from which the vehicle | 26 | | was relocated; |
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| 1 | | (6) the address to which the vehicle was relocated; | 2 | | (7) the name, mailing address and telephone number of | 3 | | the person giving the authorization; | 4 | | (8) the date and time authorization was given; and | 5 | | (9) other information as required by the Illinois | 6 | | Commerce Commission. | 7 | | (d) A relocator that fails to comply with this Section may | 8 | | not: | 9 | | (1) charge or collect any amount in connection with | 10 | | the relocation, processing, or storage of the vehicle; or | 11 | | (2) dispose of an unclaimed vehicle under Section | 12 | | 4-208 or 4-209.
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