Illinois 95th Regular Session Status: Enacted 1 D cosponsors

SB 435 — VEH CD-TRUTH IN TOWING

Last action — Public Act . . . . . . . . . 95-0562

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 08, 2007. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    0 primary, 5 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Illinois Vehicle Code. Provides that any towing service that tows or removes a disabled vehicle with the permission of the owner, operator, or person in control of the vehicle shall provide that person with a document, signed by both the driver of the tow truck and that person, that sets forth specified information, including the estimated cost of the tow. Provides that violation of the provision is a petty offense punishable by a fine of not more than $1,000. Provides that the provision applies only in counties having a population of more than 3,000,000 and in counties with a population of more than 250,000 and less than 3,000,000 that are contiguous to a county with a population of more than 3,000,000. Effective immediately.

Bill Text

What changed in the latest version

625 added · 697 removed

Plain-language change summary

In the latest version of SB 435, the Illinois Vehicle Code has been updated to remove a section regarding towing services that required companies to provide documentation to vehicle owners when they tow a disabled vehicle. Originally, this provision aimed to ensure transparency in towing costs, particularly in larger counties. This change matters because it may lessen protections for vehicle owners and reduce accountability among towing companies, especially for those living in more populated areas.

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SB0435 Engrossed LRB095 10586 DRH 30807 b AN ACT concerning transportation.
SB0435 Enrolled LRB095 10586 DRH 30807 b AN ACT concerning transportation.
The Illinois Vehicle Code is amended by changing Sections 4-203, 18a-100, 18a-101, 18a-105, 18a-200, 18a-500, and 18a-501 and by adding Sections 18a-308, 18a-309, 18a-310, 18a-311, 18a-312, 18a-313, 18a-314, and 18a-315 as follows:
The Illinois Vehicle Code is amended by changing Sections 1-100, 4-203, and 18a-105 and by adding Chapter 18d as follows:
(625 ILCS 5/4-203) (from Ch.
(625 ILCS 5/1-100) (from Ch.
1-100) Sec.
1-100.
Short Title.
This Act may be cited as the Illinois Vehicle Code.
Portions of this Act may likewise be cited by a short title as follows:
Chapters 2, 3, 4 and 5:
the Illinois Vehicle Title & Registration Law.
Chapter 6:
the Illinois Driver Licensing Law.
Chapter 7:
the Illinois Safety and Family Financial Responsibility Law.
Chapter 11:
the Illinois Rules of the Road.
Chapter 12:
the Illinois Vehicle Equipment Law.
Chapter 13:
the Illinois Vehicle Inspection Law.
Chapter 14:
the Illinois Vehicle Equipment Safety Compact.
Chapter 15:
the Illinois Size and Weight Law.
Chapter 17:
the Illinois Highway Safety Law.
Chapter 18a:
the Illinois Commercial Relocation of SB0435 Enrolled - 2 - LRB095 10586 DRH 30807 b Trespassing Vehicles Law.
Chapter 18b:
the Illinois Motor Carrier Safety Law.
Chapter 18c:
the Illinois Commercial Transportation Law.
Chapter 18d:
The Illinois Commercial Safety Towing Law.
(Source:
P.A.
89-92, eff.
7-1-96.) (625 ILCS 5/4-203) (from Ch.
95 1/2, par.
(d) When an abandoned, unattended, wrecked, burned or SB0435 Engrossed - 2 - LRB095 10586 DRH 30807 b partially dismantled vehicle is creating a traffic hazard because of its position in relation to the highway or its physical appearance is causing the impeding of traffic, its immediate removal from the highway or private property adjacent to the highway by a towing service may be authorized by a law enforcement agency having jurisdiction.
(d) When an abandoned, unattended, wrecked, burned or partially dismantled vehicle is creating a traffic hazard because of its position in relation to the highway or its physical appearance is causing the impeding of traffic, its immediate removal from the highway or private property adjacent SB0435 Enrolled - 3 - LRB095 10586 DRH 30807 b to the highway by a towing service may be authorized by a law enforcement agency having jurisdiction.
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or (2) the vehicle is owned by the person under arrest, and the person under arrest gives permission to another SB0435 Engrossed - 3 - LRB095 10586 DRH 30807 b person to operate such vehicle, provided however, that the other person possesses a valid operator’s license and would not, as determined by the arresting law enforcement agency, indicate a lack of ability to operate a motor vehicle in a safe manner or who would otherwise, by operating such motor vehicle, be in violation of this Code.
or (2) the vehicle is owned by the person under arrest, and the person under arrest gives permission to another person to operate such vehicle, provided however, that the other person possesses a valid operator’s license and would not, as determined by the arresting law enforcement agency, indicate a lack of ability to operate a motor vehicle in a SB0435 Enrolled - 4 - LRB095 10586 DRH 30807 b safe manner or who would otherwise, by operating such motor vehicle, be in violation of this Code.
The vehicle may be released sooner if the vehicle is owned by the person under arrest and the person under arrest gives permission to another person to operate the vehicle and that other person possesses a valid operator’s license and would not, as determined by the arresting law enforcement agency, indicate a lack of ability to operate a motor vehicle in a safe SB0435 Engrossed - 4 - LRB095 10586 DRH 30807 b manner or would otherwise, by operating the motor vehicle, be in violation of this Code.
The vehicle may be released sooner if the vehicle is owned by the person under arrest and the person under arrest gives permission to another person to operate the vehicle and that other person possesses a valid operator’s license and would not, as determined by the arresting law enforcement agency, indicate a lack of ability to operate a motor vehicle in a safe manner or would otherwise, by operating the motor vehicle, be in violation of this Code.
(f) Except as provided in Chapter 18a of this Code, the owner or lessor of privately owned real property within this State, or any person authorized by such owner or lessor, or any law enforcement agency in the case of publicly owned real property may cause any motor vehicle abandoned or left unattended upon such property without permission to be removed by a towing service without liability for the costs of removal, transportation or storage or damage caused by such removal, transportation or storage.
(f) Except as provided in Chapter 18a of this Code, the owner or lessor of privately owned real property within this SB0435 Enrolled - 5 - LRB095 10586 DRH 30807 b State, or any person authorized by such owner or lessor, or any law enforcement agency in the case of publicly owned real property may cause any motor vehicle abandoned or left unattended upon such property without permission to be removed by a towing service without liability for the costs of removal, transportation or storage or damage caused by such removal, transportation or storage.
The towing service shall within 30 minutes of completion of such towing or removal, notify the law enforcement agency having jurisdiction of such towing or removal, and the make, model, color and license plate number of the vehicle, and shall obtain and record the name of the person at the law enforcement agency to whom such SB0435 Engrossed - 5 - LRB095 10586 DRH 30807 b information was reported.
The towing service shall within 30 minutes of completion of such towing or removal, notify the law enforcement agency having jurisdiction of such towing or removal, and the make, model, color and license plate number of the vehicle, and shall obtain and record the name of the person at the law enforcement agency to whom such information was reported.
If the registered owner or legally authorized person entitled to possession of the vehicle shall arrive at the scene prior to actual removal or towing of the vehicle, the vehicle shall be disconnected from the tow truck and that person shall be allowed to remove the vehicle without interference, upon the payment of a reasonable service fee of not more than one half the posted rate of the towing service as provided in paragraph 6 of this subsection, for which a receipt shall be given.
If the registered owner or legally authorized person entitled to possession of the vehicle shall arrive at the scene prior to actual removal or towing of the vehicle, the SB0435 Enrolled - 6 - LRB095 10586 DRH 30807 b vehicle shall be disconnected from the tow truck and that person shall be allowed to remove the vehicle without interference, upon the payment of a reasonable service fee of not more than one half the posted rate of the towing service as provided in paragraph 6 of this subsection, for which a receipt shall be given.
Except for property appurtenant to and obviously a part of a single family residence, and except for instances where notice is personally given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable to unauthorized vehicles and they are subject to being removed at the owner or operator’s expense, any property owner or lessor, prior to towing or removing any vehicle from private property without the SB0435 Engrossed - 6 - LRB095 10586 DRH 30807 b consent of the owner or other legally authorized person in control of that vehicle, must post a notice meeting the following requirements:
Except for property appurtenant to and obviously a part of a single family residence, and except for instances where notice is personally given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable to unauthorized vehicles and they are subject to being removed at the owner or operator’s expense, any property owner or lessor, prior to towing or removing any vehicle from private property without the consent of the owner or other legally authorized person in control of that vehicle, must post a notice meeting the following requirements:
Except as otherwise provided in subparagraph a.1 of this subdivision (f)5, the notice must be prominently placed at each driveway access or curb cut allowing vehicular access to the property within 5 feet from the public right-of-way line.
Except as otherwise provided in subparagraph SB0435 Enrolled - 7 - LRB095 10586 DRH 30807 b a.1 of this subdivision (f)5, the notice must be prominently placed at each driveway access or curb cut allowing vehicular access to the property within 5 feet from the public right-of-way line.
The sign structure containing the required SB0435 Engrossed - 7 - LRB095 10586 DRH 30807 b notices must be permanently installed with the bottom of the sign not less than 4 feet above ground level, and must be continuously maintained on the property for not less than 24 hours prior to the towing or removing of any vehicle.
The sign structure containing the required notices must be permanently installed with the bottom of the sign not less than 4 feet above ground level, and must be continuously maintained on the property for not less than 24 hours prior to the towing or removing SB0435 Enrolled - 8 - LRB095 10586 DRH 30807 b of any vehicle.
No removal of a vehicle from private property shall be done except upon express written instructions of the owners or persons in charge of the private property upon SB0435 Engrossed - 8 - LRB095 10586 DRH 30807 b which the vehicle is said to be trespassing.
No removal of a vehicle from private property shall be done except upon express written instructions of the owners or persons in charge of the private property upon which the vehicle is said to be trespassing.
Such person or firm shall be liable for any damages occasioned to the vehicle if such entry is not in accordance with the standards of reasonable care.
Such person or firm shall be SB0435 Enrolled - 9 - LRB095 10586 DRH 30807 b liable for any damages occasioned to the vehicle if such entry is not in accordance with the standards of reasonable care.
When an authorized person improperly causes a motor vehicle SB0435 Engrossed - 9 - LRB095 10586 DRH 30807 b to be removed, such person shall be liable to the owner or lessee of the vehicle for the cost or removal, transportation and storage, any damages resulting from the removal, transportation and storage, attorney’s fee and court costs.
When an authorized person improperly causes a motor vehicle to be removed, such person shall be liable to the owner or lessee of the vehicle for the cost or removal, transportation and storage, any damages resulting from the removal, transportation and storage, attorney’s fee and court costs.
Any towing or storage charges accrued shall be payable by the use of any major credit card, in addition to being payable in cash.
SB0435 Enrolled - 10 - LRB095 10586 DRH 30807 b Any towing or storage charges accrued shall be payable by the use of any major credit card, in addition to being payable in cash.
Vehicles removed from public or private property and stored SB0435 Engrossed - 10 - LRB095 10586 DRH 30807 b by a commercial vehicle relocator or any other towing service in compliance with this Section and Sections 4-201 and 4-202 of this Code, or at the request of the vehicle owner or operator, shall be subject to a possessor lien for services pursuant to the Labor and Storage Lien (Small Amount) Act.
Vehicles removed from public or private property and stored by a commercial vehicle relocator or any other towing service in compliance with this Section and Sections 4-201 and 4-202 of this Code, or at the request of the vehicle owner or operator, shall be subject to a possessor lien for services pursuant to SB0435 Enrolled - 11 - LRB095 10586 DRH 30807 b the Labor and Storage Lien (Small Amount) Act.
or be increased or altered to reflect any charge for services or materials rendered in addition to those SB0435 Engrossed - 11 - LRB095 10586 DRH 30807 b authorized by this Act.
or be increased or altered to reflect any charge for services or materials rendered in addition to those authorized by this Act.
1-1-07.) (625 ILCS 5/18a-100) (from Ch.
1-1-07.) (625 ILCS 5/18a-105) (from Ch.
18a-100) Sec.
18a-105) SB0435 Enrolled - 12 - LRB095 10586 DRH 30807 b Sec.
18a-100.
Definitions.
As used in this Chapter:
(1) "Commercial vehicle relocator" or "relocator" means any person or entity engaged in the business of removing trespassing vehicles from private property or damaged or disabled vehicles from public or private property by means of towing or otherwise, and thereafter relocating and storing such vehicles;
(2) "Commission" means the Illinois Commerce Commission;
(3) "Operator" means any person who, as an employee of a commercial vehicle relocator, removes trespassing vehicles from private property or damaged or disabled vehicles from public or private property by means of towing or otherwise.
This term includes the driver of any vehicle used in removing a trespassing vehicle from private property, as well as any person other than the driver who assists in the removal of a trespassing vehicle from private property;
(4) "Operator’s employment permit" means a license issued to an operator in accordance with Sections 18a-403 or 18a-405 of this Chapter;
(5) "Relocator’s license" means a license issued to a commercial vehicle relocator in accordance with Sections 18a-400 or 18a-401 of this Chapter;
SB0435 Engrossed - 12 - LRB095 10586 DRH 30807 b (6) "Dispatcher" means any person who, as an employee or agent of a commercial vehicle relocator, dispatches vehicles to or from locations from which operators perform removal activities;
and (7) "Dispatcher’s employment permit" means a license issued to a dispatcher in accordance with Sections 18a-407 or 18a-408 of this Chapter.
(Source:
P.A.
85-923.) (625 ILCS 5/18a-101) (from Ch.
95 1/2, par.
18a-101) Sec.
18a-101.
Declaration of policy and delegation of jurisdiction.
It is hereby declared to be the policy of the State of Illinois to supervise and regulate the commercial removal of trespassing vehicles from private property and damaged or disabled vehicles from public or private property, and the subsequent relocation and storage of such vehicles in such manner as to fairly distribute rights and responsibilities among vehicle owners, private property owners and commercial vehicle relocators, and for this purpose the power and authority to administer and to enforce the provisions of this Chapter shall be vested in the Illinois Commerce Commission.
(Source:
P.A.
80-1459.) (625 ILCS 5/18a-105) (from Ch.
95 1/2, par.
18a-105) Sec.
SB0435 Engrossed - 13 - LRB095 10586 DRH 30807 b (1) Vehicles registered for a gross weight in excess of 10,000 pounds, or if the vehicle is not registered, with a gross weight in excess of 10,000 pounds including vehicle weight and maximum load;
(1) Vehicles registered for a gross weight in excess of 10,000 pounds, or if the vehicle is not registered, with a gross weight in excess of 10,000 pounds including vehicle weight and maximum load;
85-923.) (625 ILCS 5/18a-200) (from Ch.
85-923.) (625 ILCS 5/Chapter 18d heading new) CHAPTER 18d.
95 1/2, par.
ILLINOIS COMMERCIAL SAFETY TOWING LAW (625 ILCS 5/18d-101 new) Sec.
18a-200) Sec.
18d-101.
18a-200.
Short title.
General powers and duties of Commission.
This Chapter may be cited as the Illinois Commercial Safety Towing Law.
The Commission shall:
(625 ILCS 5/18d-105 new) Sec.
(1) Regulate commercial vehicle relocators and their employees or agents in accordance with this Chapter and to that end may establish reasonable requirements with respect to proper service and practices relating thereto;
18d-105.
(2) Require the maintenance of uniform systems of accounts, records and the preservation thereof;
Definitions.
(3) Require that all drivers and other personnel used in relocation be employees of a licensed relocator;
As used in this Chapter:
(4) Regulate equipment leasing to and by relocators;
(1) "Commercial vehicle safety relocator" or "safety relocator" means any person or entity engaged in the business of removing damaged or disabled vehicles from public or private property by means of towing or otherwise, and thereafter relocating and storing such vehicles.
(5) Adopt reasonable and proper rules covering the exercise of powers conferred upon it by this Chapter, and reasonable rules governing investigations, hearings and proceedings under this Chapter;
(2) "Commission" means the Illinois Commerce Commission.
(6) Set reasonable rates for the commercial towing or SB0435 Engrossed - 14 - LRB095 10586 DRH 30807 b removal of trespassing vehicles from private property and damaged or disabled vehicles from public or private property.
SB0435 Enrolled - 13 - LRB095 10586 DRH 30807 b (625 ILCS 5/18d-110 new) Sec.
The rates shall not exceed the mean average of the 5 highest rates for police tows within the territory to which this Chapter applies that are performed under Sections 4-201 and 4-214 of this Code and that are of record at hearing;
18d-110.
provided that the Commission shall not re-calculate the maximum specified herein if the order containing the previous calculation was entered within one calendar year of the date on which the new order is entered.
The General Assembly finds and declares that commercial vehicle towing service in the State of Illinois fundamentally affects the public interest and public welfare.
Set reasonable rates for the storage, for periods in excess of 24 hours, of the vehicles in connection with the towing or removal;
It is the intent of the General Assembly, in this amendatory Act of the 95th General Assembly, to promote the public interest and the public welfare by requiring similar basic consumer protections and fraud prevention measures that are required of other marketplace participants, including the disclosure of material terms and conditions of the service to consumers before consumers accept the terms and conditions.
however, no relocator shall impose charges for storage for the first 24 hours after towing or removal.
The General Assembly also intends that the provisions in this amendatory Act of the 95th General Assembly promote safety for all persons and vehicles that travel or otherwise use the public highways of this State.
Set reasonable rates for other services provided by relocators, provided that the rates shall not be charged to the owner or operator of a relocated vehicle.
The General Assembly finds that it is in the public interest that persons whose vehicles are towed from the public highways know important basic information, such as where they can retrieve their vehicles and the cost to retrieve their vehicles, so that they can avoid vehicle deterioration and arrange for a prompt repair of the vehicles.
The maximum rates allowed for towing, storage, and other services shall be posted on the Illinois Commerce Commission website.
(625 ILCS 5/18d-115 new) Sec.
Any fee charged by a relocator for the use of a credit card that is used to pay for any service rendered by the relocator shall be included in the total amount that shall not exceed the maximum reasonable rate established by the Commission.
18d-115.
The Commission shall require a relocator to refund any amount charged in excess of the reasonable rate established by the Commission, including any fee for the use of a credit card;
It shall be unlawful for any commercial vehicle safety relocator to operate in any county in which this SB0435 Enrolled - 14 - LRB095 10586 DRH 30807 b Chapter is applicable without a valid, current safety relocator’s registration certificate issued by the Illinois Commerce Commission.
(7) Investigate and maintain current files of the criminal SB0435 Engrossed - 15 - LRB095 10586 DRH 30807 b records, if any, of all relocators and their employees and of all applicants for relocator’s license, operator’s licenses and dispatcher’s licenses.
The Illinois Commerce Commission shall issue safety relocator’s registration certificates in accordance with administrative rules adopted by the Commission.
If the Commission determines that an applicant for a license issued under this Chapter will be subjected to a criminal history records check, the applicant shall submit his or her fingerprints to the Department of State Police in the form and manner prescribed by the Department of State Police.
The Commission may, at any time during the term of the registration certificate, make inquiry, into the licensee’s management or conduct of business or otherwise, to determine that the provisions of this Chapter and the rules of the Commission adopted under this Chapter are being observed.
These fingerprints shall be checked against the Department of State Police and Federal Bureau of Investigation criminal history record information databases now and hereafter filed.
(625 ILCS 5/18d-120 new) Sec.
The Department of State Police shall charge the applicant a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check.
18d-120.
The Department of State Police shall furnish pursuant to positive identification, records of conviction to the Commission;
(8) Issue relocator’s licenses, dispatcher’s employment permits, and operator’s employment permits in accordance with Article IV of this Chapter;
(9) Establish fitness standards for applicants seeking relocator licensees and holders of relocator licenses;
(10) Upon verified complaint in writing by any person, organization or body politic, or upon its own initiative may, investigate whether any commercial vehicle relocator, operator, dispatcher, or person otherwise required to comply SB0435 Engrossed - 16 - LRB095 10586 DRH 30807 b with any provision of this Chapter or any rule promulgated hereunder, has failed to comply with any provision or rule;
(11) Whenever the Commission receives notice from the Secretary of State that any domestic or foreign corporation regulated under this Chapter has not paid a franchise tax, license fee or penalty required under the Business Corporation Act of 1983, institute proceedings for the revocation of the license or right to engage in any business required under this Chapter or the suspension thereof until such time as the delinquent franchise tax, license fee or penalty is paid.
(12) Establish form disclosures for use by commercial vehicle relocators and operators, including all material disclosures that must be made to the vehicle owner or operator before a vehicle is towed, as is required by Section 18a-308 of this Code.
(13) Establish form invoices for use by commercial vehicle relocators and operators, including all material disclosures that must be made to the vehicle owner or operator upon the vehicle owner or operator’s demand for the return of his or her vehicle, as is required by Section 18a-309 of this Code.
(14) Establish form contracts for use by commercial vehicle relocators and operators that comply with all requirements of this Code.
(Source:
P.A.
93-418, eff.
1-1-04.) (625 ILCS 5/18a-308 new) SB0435 Engrossed - 17 - LRB095 10586 DRH 30807 b Sec.
18a-308.
(a) A commercial vehicle relocator or operator shall not commence the towing of a damaged or disabled vehicle without specific authorization from the vehicle owner or operator after the disclosures set forth in this Section.
(a) A commercial vehicle safety relocator shall not commence the towing of a damaged or disabled vehicle without specific authorization from the vehicle owner or operator after the disclosures set forth in this Section.
(b) Every commercial vehicle relocator or operator shall, before towing a damaged or disabled vehicle, give to each vehicle owner or operator a written disclosure providing:
(b) Every commercial vehicle safety relocator shall, before towing a damaged or disabled vehicle, give to each vehicle owner or operator a written disclosure providing:
(1) The formal business name of the commercial vehicle relocator or its operator, as registered with the Illinois Secretary of State, and its business address and telephone number.
(1) The formal business name of the commercial vehicle safety relocator, as registered with the Illinois Secretary of State, and its business address and telephone number.
(2) The address of the location to which the vehicle shall be relocated by the operator.
(2) The address of the location to which the vehicle SB0435 Enrolled - 15 - LRB095 10586 DRH 30807 b shall be relocated.
(3) The cost of all relocation, storage, and any other fees, without limitation, that the commercial vehicle relocator or operator will charge for its services.
(3) The cost of all relocation, storage, and any other fees, without limitation, that the commercial vehicle safety relocator will charge for its services.
SB0435 Engrossed - 18 - LRB095 10586 DRH 30807 b (2) Before towing, you must be advised of the price of all services;
(2) Before towing, you must be advised of the price of all services;
(4) Upon your demand, your vehicle must be returned during business hours, upon your prompt payment of all reasonable fees, not to exceed those set by the Illinois Commerce Commission;
(4) Upon your demand, your vehicle must be returned during business hours, upon your prompt payment of all reasonable fees;
(6) Upon your demand, you must be provided with proof of the existence of mandatory insurance insuring against all risks associated with the transportation and storage of your vehicle;
(6) Upon your demand, you must be provided with proof of the existence of mandatory insurance insuring against all risks associated with the transportation and storage of your vehicle." SB0435 Enrolled - 16 - LRB095 10586 DRH 30807 b (c) The commercial vehicle safety relocator shall provide a copy of the completed disclosure required by this Section to the vehicle owner or operator, before towing the damaged or disabled vehicle, and shall maintain an identical copy of the completed disclosure in its records for a minimum of 5 years after the transaction concludes.
(7) You cannot be charged a fee in excess of the maximum fees for all services as set by the Consumer Services Division of the Illinois Commerce Commission, which are as follows:" (c) The commercial vehicle relocator or operator shall provide a copy of the completed disclosure required by this Section to the vehicle owner or operator, before towing the damaged or disabled vehicle, and shall maintain an identical copy of the completed disclosure in its records for a minimum of 5 years after the transaction concludes.
(d) If the vehicle owner or operator is incapacitated, incompetent, or otherwise unable to knowingly accept receipt of the disclosure described in this Section, the commercial vehicle safety relocator shall provide a completed copy of the disclosure to local law enforcement and, if known, the vehicle owner or operator’s automobile insurance company.
(d) If the vehicle owner or operator is incapacitated, SB0435 Engrossed - 19 - LRB095 10586 DRH 30807 b incompetent, or otherwise unable to knowingly accept receipt of the disclosure described in this Section, the commercial vehicle relocator or operator shall provide a completed copy of the disclosure to local law enforcement and, if known, the vehicle owner or operator’s automobile insurance company.
(e) If the commercial vehicle safety relocator fails to comply with the requirements of this Section, the commercial vehicle safety relocator shall be prohibited from seeking any compensation whatsoever from the vehicle owner or operator, including but not limited to any towing, storage, or other incidental fees.
(e) If the commercial vehicle relocator or operator fails to comply with the requirements of this Section, the commercial vehicle relocator or operator shall be prohibited from seeking any compensation whatsoever from the vehicle owner or operator, including but not limited to any towing, storage, or other incidental fees.
Furthermore, if the commercial vehicle safety relocator or operator fails to comply with the requirements of this Section, any contracts entered into by the commercial vehicle safety relocator and the vehicle owner or operator shall be deemed null, void, and unenforceable.
Furthermore, if the commercial vehicle relocator or operator fails to comply with the requirements of this Section, any contracts entered into by the commercial vehicle relocator or operator and the vehicle owner or operator shall be deemed null, void, and unenforceable.
(625 ILCS 5/18d-125 new) Sec.
(625 ILCS 5/18a-309 new) Sec.
18d-125.
18a-309.
(a) Upon demand of the vehicle owner or operator, the commercial vehicle relocator or operator shall provide an itemized final invoice that fairly and accurately documents the charges owed by the vehicle owner or operator for relocation of damaged or disabled vehicles.
SB0435 Enrolled - 17 - LRB095 10586 DRH 30807 b (a) Upon demand of the vehicle owner or operator, the commercial vehicle safety relocator shall provide an itemized final invoice that fairly and accurately documents the charges owed by the vehicle owner or operator for relocation of damaged or disabled vehicles.
SB0435 Engrossed - 20 - LRB095 10586 DRH 30807 b (b) The final invoice shall show the formal business name of the commercial vehicle relocator or its operator, as registered with the Illinois Secretary of State, its business address and telephone number, the date of the invoice, the odometer reading at the time the final invoice was prepared, the name of the vehicle owner or operator, and the description of the motor vehicle, including the motor vehicle identification number.
(b) The final invoice shall show the formal business name of the commercial vehicle safety relocator, as registered with the Illinois Secretary of State, its business address and telephone number, the date of the invoice, the odometer reading at the time the final invoice was prepared, the name of the vehicle owner or operator, and the description of the motor vehicle, including the motor vehicle identification number.
In addition, the invoice shall describe any modifications made to the vehicle by the commercial vehicle relocator or operator, any observable damage to the vehicle upon its initial receipt by the commercial vehicle relocator or operator, and any observable damage to the vehicle at the time of its release to the vehicle owner or operator.
In addition, the invoice shall describe any modifications made to the vehicle by the commercial vehicle safety relocator, any observable damage to the vehicle upon its initial receipt by the commercial vehicle safety relocator, and any observable damage to the vehicle at the time of its release to the vehicle owner or operator.
(c) A legible copy of the invoice shall be given to the vehicle owner or operator, and a legible copy shall be retained by the collision repair facility for a period of 5 years from the date of release of the vehicle.
(c) A legible copy of the invoice shall be given to the vehicle owner or operator, and a legible copy shall be retained by the commercial vehicle safety relocator for a period of 5 years from the date of release of the vehicle.
The copy may be retained in electronic format.
The copy may be SB0435 Enrolled - 18 - LRB095 10586 DRH 30807 b retained in electronic format.
(625 ILCS 5/18a-310 new) Sec.
(d) Disclosure forms required in accordance with this Section 18d-120 must be approved by the Commission.
18a-310.
(625 ILCS 5/18d-130 new) Sec.
18d-130.
Every commercial vehicle relocator’s or operator’s storage facility that relocates or stores damaged or SB0435 Engrossed - 21 - LRB095 10586 DRH 30807 b disabled vehicles shall post, in a prominent place on the business premises, one or more signs, readily visible to customers, in the following form:
Every commercial vehicle safety relocator’s storage facility that relocates or stores damaged or disabled vehicles shall post, in a prominent place on the business premises, one or more signs, readily visible to customers, in the following form:
THE RETURN OF YOUR VEHICLE, UPON YOUR DEMAND FOR ITS RETURN DURING BUSINESS HOURS AND YOUR PROMPT PAYMENT OF ALL REASONABLE FEES, NOT TO EXCEED THOSE SET BY THE ILLINOIS COMMERCE COMMISSION, AS DETAILED BELOW.
THE RETURN OF YOUR VEHICLE, UPON YOUR DEMAND FOR ITS SB0435 Enrolled - 19 - LRB095 10586 DRH 30807 b RETURN DURING BUSINESS HOURS AND YOUR PROMPT PAYMENT OF ALL REASONABLE FEES.
UPON YOUR DEMAND, PROOF OF THE EXISTENCE OF INSURANCE, WHICH THE COMMERCIAL VEHICLE RELOCATOR MUST MAINTAIN TO INSURE AGAINST RISK OF DAMAGE TO YOUR VEHICLE IN TRANSIT AND WHILE IN STORAGE.
UPON YOUR DEMAND, PROOF OF THE EXISTENCE OF INSURANCE, WHICH THE COMMERCIAL VEHICLE SAFETY RELOCATOR MUST MAINTAIN TO INSURE AGAINST RISK OF DAMAGE TO YOUR VEHICLE IN TRANSIT AND WHILE IN STORAGE.
IF THE COMMERCIAL VEHICLE RELOCATOR HAS COMPLIED WITH SB0435 Engrossed - 22 - LRB095 10586 DRH 30807 b THE ABOVE RIGHTS, YOU ARE REQUIRED, BEFORE TAKING THE VEHICLE FROM THE PREMISES, TO PAY FOR THE SERVICES PROVIDED BY THE COMMERCIAL VEHICLE RELOCATOR, IN AN AMOUNT NOT IN EXCESS OF THOSE FEES SET BY THE ILLINOIS COMMERCE COMMISSION.
IF THE COMMERCIAL VEHICLE SAFETY RELOCATOR HAS COMPLIED WITH THE ABOVE RIGHTS, YOU ARE REQUIRED, BEFORE TAKING THE VEHICLE FROM THE PREMISES, TO PAY FOR THE SERVICES PROVIDED BY THE COMMERCIAL VEHICLE RELOCATOR.
THE ILLINOIS COMMERCE COMMISSION HAS SET THE FOLLOWING MAXIMUM FEES FOR SERVICES:
(625 ILCS 5/18a-311 new) Sec.
(625 ILCS 5/18d-135 new) Sec.
18a-311.
18d-135.
Every commercial vehicle relocator and operator engaged in relocation or storage of damaged or disabled vehicles shall maintain copies of (i) all disclosures provided to vehicle owners or operators as required under Section 18a-308 and (ii) all invoices provided to vehicle owners or operators as required under Section 18a-309.
Every commercial vehicle safety relocator engaged in relocation or storage of damaged or disabled vehicles shall maintain copies of (i) all disclosures provided to vehicle owners or operators as required under this Chapter and (ii) all invoices provided to vehicle owners or operators as required under this Chapter.
The copies may be maintained in an electronic format, shall be kept for 5 years, and shall be available for inspection by the Attorney General.
The copies may be maintained in an electronic format, shall be kept for 5 years, and shall be available for inspection by the Illinois Commerce Commission.
(625 ILCS 5/18a-312 new) Sec.
Failure to provide requested documentation to the Illinois SB0435 Enrolled - 20 - LRB095 10586 DRH 30807 b Commerce Commission within 3 business days of a request received from the Illinois Commerce Commission shall subject the commercial vehicle safety relocator to penalties imposed by the Illinois Commerce Commission.
18a-312.
Penalties may include suspension of registration certificate and monetary fines up to $1,000 for each violation.
(625 ILCS 5/18d-140 new) Sec.
18d-140.
Any vehicle used in connection with any commercial vehicle safety relocation service must have painted or firmly affixed to the vehicle on both sides of the vehicle in a color or colors vividly contrasting to the color of the vehicle the name, address, and telephone number of the safety relocator.
The Commission shall prescribe reasonable rules and regulations pertaining to insignia to be painted or firmly affixed to vehicles.
(625 ILCS 5/18d-145 new) Sec.
18d-145.
Any vehicle used in connection with any commercial vehicle safety relocation service must carry in the power unit of the vehicle a certified copy of the currently effective safety relocator’s registration certificate.
Copies may be photographed, photocopied, or reproduced or printed by any other legible and durable process.
Any person guilty of not causing to be displayed a copy of the safety relocator’s registration certificate may in any hearing concerning the SB0435 Enrolled - 21 - LRB095 10586 DRH 30807 b violation be excused from the payment of the penalty hereinafter provided upon a showing that the registration certificate was issued by the Commission, but was subsequently lost or destroyed.
(625 ILCS 5/18d-150 new) Sec.
18d-150.
(a) Commercial vehicle relocators or operators engaged in SB0435 Engrossed - 23 - LRB095 10586 DRH 30807 b the relocation or storage of damaged or disabled vehicles shall be prohibited from including a clause in contracts for the relocation or storage of vehicles purporting to waive or limit the commercial vehicle relocator’s or operator’s liability under this Code, in tort or contract, or under any other cognizable cause of action available to the vehicle owner or operator.
(a) Commercial vehicle safety relocators engaged in the relocation or storage of damaged or disabled vehicles shall be prohibited from including a clause in contracts for the relocation or storage of vehicles purporting to waive or limit the commercial vehicle safety relocator’s liability under this Code, in tort or contract, or under any other cognizable cause of action available to the vehicle owner or operator.
(b) Commercial vehicle relocators or operators are prohibited from requiring the vehicle owner or operator to sign or agree to any document purporting to waive or limit the commercial vehicle relocator’s and operator’s liability under this Code, in tort or contract, or under any other cognizable cause of action available to the vehicle owner or operator.
(b) Commercial vehicle safety relocators are prohibited from requiring the vehicle owner or operator to sign or agree to any document purporting to waive or limit the commercial vehicle safety relocator’s liability under this Code, in tort or contract, or under any other cognizable cause of action available to the vehicle owner or operator.
(c) Any contract, release, or other document purporting to waive or limit the commercial vehicle relocator’s or operator’s liability under this Code, in tort or contract, or under any other cognizable cause of action available to the vehicle owner or operator, shall be deemed null, void, and unenforceable.
(c) Any contract, release, or other document purporting to waive or limit the commercial vehicle safety relocator’s liability under this Code, in tort or contract, or under any other cognizable cause of action available to the vehicle owner or operator, shall be deemed null, void, and unenforceable.
(625 ILCS 5/18a-313 new) Sec.
SB0435 Enrolled - 22 - LRB095 10586 DRH 30807 b (625 ILCS 5/18d-155 new) Sec.
18a-313.
18d-155.
The Illinois Commerce Commission may request documentation or investigate business practices by a commercial vehicle safety relocator to determine compliance with this Chapter.
Failure to comply with any Section of this Chapter, as determined by the Illinois Commerce Commission shall subject a commercial vehicle safety relocator to penalties imposed by the Illinois Commerce Commission.
Penalties may include suspension of registration certificate and monetary fines up to $1,000 for each violation.
(625 ILCS 5/18d-160 new) Sec.
18d-160.
Any commercial vehicle relocator or operator engaged in the relocation or storage of damaged or disabled vehicles who fails to comply with Sections 18a-308, 18a-309, 18a-310, 18a-312, or 18a-500 of this Code commits an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act.
Any commercial vehicle safety relocator engaged in the relocation or storage of damaged or disabled vehicles who fails to comply with Sections 18d-115, 18d-120, 18d-125, 18d-130, 18d-135, or 18d-150 of this Code commits an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act.
SB0435 Engrossed - 24 - LRB095 10586 DRH 30807 b (625 ILCS 5/18a-314 new) Sec.
(625 ILCS 5/18d-165 new) Sec.
18a-314.
18d-165.
(625 ILCS 5/18a-315 new) Sec.
SB0435 Enrolled - 23 - LRB095 10586 DRH 30807 b (625 ILCS 5/18d-170 new) Sec.
18a-315.
18d-170.
(a) A commercial vehicle relocator or operator shall provide insurance coverage for all risks associated with the transportation of vehicles towed under this Chapter, as well as for areas where vehicles towed under this Chapter are impounded or otherwise stored, and shall adequately cover loss by fire, theft, or other risks.
(a) A commercial vehicle safety relocator shall provide insurance coverage for all risks associated with the transportation of vehicles towed under this Chapter, as well as for areas where vehicles towed under this Chapter are impounded or otherwise stored, and shall adequately cover loss by fire, theft, or other risks.
(b) Upon the demand of the vehicle owner or operator, a commercial vehicle relocator or operator shall promptly supply proof of the existence of this insurance.
(b) Upon the demand of the vehicle owner or operator, a commercial vehicle safety relocator shall promptly supply proof of the existence of this insurance.
(c) Any person who fails to comply with the conditions and restrictions of this subsection shall be guilty of a Class C misdemeanor and shall be fined not less than $100 nor more than $500.
(c) Any person who fails to comply with the conditions and restrictions of this subsection shall be fined not less than $100 nor more than $500.
(625 ILCS 5/18a-500) (from Ch.
(625 ILCS 5/18d-175 new) Sec.
95 1/2, par.
18d-175.
18a-500) Sec.
Disposition of funds.
18a-500.
All fees and fines collected by the Commission under this Chapter shall be paid into the Transportation Regulatory Fund in the State treasury.
Posting of rates.
The money in that fund shall be used to defray the expenses of the administration of this Chapter.
Every commercial vehicle relocator shall print and keep open to the public, all SB0435 Engrossed - 25 - LRB095 10586 DRH 30807 b authorized rates and charges for towing, otherwise moving, and storing vehicles in connection with removal of unauthorized vehicles from private property or damaged or disabled vehicles from public or private property.
(625 ILCS 5/18d-180 new) Sec.
Such rates and charges shall be clearly stated in terms of lawful money of the United States, and shall be posted in such form and manner, and shall contain such information as the Commission shall by regulation prescribe.
18d-180.
(Source:
The provisions of this Chapter apply to all the activities of safety relocators in any jurisdiction to which Chapter 18a of this Code applies in accordance with SB0435 Enrolled - 24 - LRB095 10586 DRH 30807 b Section 18a-700.
P.A.
Section 10.
80-1459.) (625 ILCS 5/18a-501) (from Ch.
95 1/2, par.
18a-501) Sec.
18a-501.
Liens against relocated vehicles.
(a) Except as otherwise provided in subsection (b), any vehicle Unauthorized vehicles removed and stored by a commercial vehicle relocator in compliance with this Chapter shall be subject to a possessory lien for services pursuant to the Labor and Storage Lien (Small Amount) Act, and the provisions of Section 1 of that Act relating to notice and implied consent shall be deemed satisfied by compliance with Section 18a-302 and item (10) of Section 18a-300.
In no event shall such lien be greater than the rate or rates established in accordance with item (6) of Section 18a-200.
In no event shall such lien be increased or altered to reflect any charge for services or materials rendered in addition to those authorized by this Act.
Every such lien shall be payable by use of any major credit card, in addition to being payable in cash.
SB0435 Engrossed - 26 - LRB095 10586 DRH 30807 b Upon receipt of a properly signed credit card receipt, a relocator shall become a holder in due course, and neither the holder of the credit card nor the company which issued the credit card may thereafter refuse to remit payment in the amount shown on the credit card receipt minus the ordinary charge assessed by the credit card company for processing the charge.
The Commission may adopt regulations governing acceptance of credit cards by a relocator.
(b) A commercial vehicle relocator or operator that fails to comply with Sections 18a-300, 18a-301, 18a-302, 18a-304, 18a-308, 18a-309, 18a-310, 18a-311, 18a-312, or 18a-500 of this Code is barred from asserting a possessory or chattel lien for the amount of any fees claimed for any towing, storage, or other services provided.
(Source:
P.A.
91-357, eff.
7-29-99.) Section 10.
Any person who knowingly violates the Automotive Repair Act, the Automotive Collision Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Job Referral and Job Listing Services Consumer SB0435 Engrossed - 27 - LRB095 10586 DRH 30807 b Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, the Payday Loan Reform Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, Section 18a-308, 18a-309, 18a-310, 18a-312, or 18a-500 of the Illinois Vehicle Code as provided in Section 18a-313 of that Code, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, or the Personal Information Protection Act commits an unlawful practice within the meaning of this Act.
Any person who knowingly violates the Automotive Repair Act, the Automotive Collision Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, the Payday Loan Reform Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, Section 18d-115, 18d-120, 18d-125, 18d-135, or 18d-150 of the Illinois Vehicle Code, Article 3 of the Residential Real Property Disclosure Act, the Automatic SB0435 Enrolled - 25 - LRB095 10586 DRH 30807 b Contract Renewal Act, or the Personal Information Protection Act commits an unlawful practice within the meaning of this Act.
1-1-07.)
1-1-07.) Section 99.
Effective date.
This Act takes effect July 1, 2008.
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Action History

  1. Public Act . . . . . . . . . 95-0562

  2. Effective Date July 1, 2008

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 4 Senate Concurs 053-000-000

  7. House Floor Amendment No. 3 Senate Concurs 053-000-000

  8. House Committee Amendment No. 1 Senate Concurs 053-000-000

  9. House Floor Amendment No. 4 Motion To Concur Recommended Do Adopt Transportation; 008-000-000

  10. House Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Transportation; 008-000-000

  11. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Transportation; 008-000-000

  12. House Floor Amendment No. 4 Motion to Concur Rules Referred to Transportation

  13. House Floor Amendment No. 3 Motion to Concur Rules Referred to Transportation

  14. House Committee Amendment No. 1 Motion to Concur Rules Referred to Transportation

  15. House Floor Amendment No. 4 Motion to Concur Referred to Rules

  16. House Floor Amendment No. 4 Motion to Concur Filed with Secretary Sen. Edward D. Maloney

  17. House Floor Amendment No. 3 Motion to Concur Referred to Rules

  18. House Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Edward D. Maloney

  19. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  20. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Edward D. Maloney

  21. Placed on Calendar Order of Concurrence House Amendment(s) 01,03,04- June 1, 2007

  22. Secretary's Desk - Concurrence House Amendment(s) 01,03,04

  23. Third Reading - Short Debate - Passed 115-001-000

  24. Placed on Calendar Order of 3rd Reading - Short Debate

  25. House Floor Amendment No. 4 Adopted by Voice Vote

  26. House Floor Amendment No. 3 Adopted by Voice Vote

  27. House Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 003-001-000

  28. House Floor Amendment No. 3 Recommends Be Adopted Judiciary I - Civil Law Committee; 009-000-000

  29. Held on Calendar Order of Second Reading - Short Debate

  30. Second Reading - Short Debate

  31. House Floor Amendment No. 4 Referred to Rules Committee

  32. House Floor Amendment No. 4 Filed with Clerk by Rep. Kevin A. McCarthy

  33. House Floor Amendment No. 3 Rules Refers to Judiciary I - Civil Law Committee

  34. House Floor Amendment No. 3 Referred to Rules Committee

  35. House Floor Amendment No. 3 Filed with Clerk by Rep. Kevin A. McCarthy

  36. House Floor Amendment No. 2 Referred to Rules Committee

  37. House Floor Amendment No. 2 Filed with Clerk by Rep. Kevin A. McCarthy

  38. Placed on Calendar 2nd Reading - Short Debate

  39. Do Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 010-004-000

  40. House Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote

  41. House Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee

  42. Assigned to Judiciary I - Civil Law Committee

  43. Added Alternate Co-Sponsor Rep. Harry R. Ramey, Jr.

  44. Added Alternate Co-Sponsor Rep. Robert Rita

  45. Added Alternate Co-Sponsor Rep. Jack D. Franks

  46. Added Alternate Co-Sponsor Rep. Elaine Nekritz

  47. Referred to Rules Committee

  48. First Reading

  49. Added Alternate Chief Co-Sponsor Rep. David E. Miller

  50. Added Alternate Chief Co-Sponsor Rep. Kevin Joyce

  51. Added Alternate Chief Co-Sponsor Rep. James D. Brosnahan

  52. Added Alternate Chief Co-Sponsor Rep. Dan Brady

  53. Chief House Sponsor Rep. Kevin A. McCarthy

  54. Placed on Calendar Order of First Reading

  55. Arrived in House

  56. Senate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)

  57. Third Reading - Passed; 058-000-000

  58. Added as Chief Co-Sponsor Sen. M. Maggie Crotty

  59. Senate Floor Amendment No. 3 Postponed - Transportation

  60. Senate Floor Amendment No. 3 Rules Refers to Transportation

  61. Senate Floor Amendment No. 3 Referred to Rules

  62. Senate Floor Amendment No. 3 Filed with Secretary by Sen. Edward D. Maloney

  63. Placed on Calendar Order of 3rd Reading March 21, 2007

  64. Second Reading

  65. Placed on Calendar Order of 2nd Reading March 15, 2007

  66. Do Pass as Amended Transportation; 010-000-000

  67. Senate Committee Amendment No. 2 Adopted

  68. Senate Committee Amendment No. 1 Adopted

  69. Senate Committee Amendment No. 2 Rules Refers to Transportation

  70. Senate Committee Amendment No. 1 Rules Refers to Transportation

  71. Senate Committee Amendment No. 2 Referred to Rules

  72. Senate Committee Amendment No. 2 Filed with Secretary by Sen. Pamela J. Althoff; -Maloney

  73. Postponed - Transportation

  74. Added as Chief Co-Sponsor Sen. Pamela J. Althoff

  75. Senate Committee Amendment No. 1 Referred to Rules

  76. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Edward D. Maloney

  77. Assigned to Transportation

  78. Referred to Rules

  79. First Reading

  80. Filed with Secretary by Sen. Edward D. Maloney

Sponsors

  • Edward D. Maloney · Cosponsor
  • Elaine Nekritz · Cosponsor
  • Jack D. Franks · Cosponsor
  • Robert "Bob" Rita · Cosponsor
  • Jr. Harry R. Ramey · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 5 co-sponsors · 178 not signed on

Sponsors (0)

None.

Co-sponsors (5)

  • Edward D. Maloney
  • Elaine Nekritz
  • Jack D. Franks
  • Robert "Bob" Rita Democrat
  • Harry R. Ramey, Jr.

Not signed on (178)

178 members have not signed on to this bill.

Show all 178 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 4

Passed 53 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 43006
Democrat 9000
Republican 1000
Total 53006
% of votes cast 90%0%0%10%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Hendon — Yea
Link — Yea
Luechtefeld — Yea
Millner — Yea
Schoenberg — Yea
Sieben — Yea
Brady — Yea
Sullivan — Yea
Clayborne — Yea
Crotty — Yea
Forby — Yea
Garrett — Yea
Haine — Yea
Hultgren — Yea
Cullerton — Yea
Jacobs — Yea
Watson — Yea
Jones, J. — Yea
Demuzio — Yea
Munoz — Not Voting
Meeks — Not Voting
Noland — Yea
Pankau — Not Voting
Peterson — Yea
Radogno — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Not Voting
Kotowski — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Silverstein — Yea
Lauzen — Not Voting
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Not Voting
Cronin — Yea
Frerichs — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Concurrence

Passed 53 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 43006
Democrat 9000
Republican 1000
Total 53006
% of votes cast 90%0%0%10%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Hultgren — Yea
Link — Yea
Maloney — Yea
Noland — Yea
Schoenberg — Yea
Sieben — Yea
Trotter — Yea
Viverito — Yea
Brady — Yea
Sullivan — Yea
Cullerton — Yea
Clayborne — Yea
Crotty — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Hendon — Yea
Jacobs — Yea
Kotowski — Yea
Watson — Yea
Jones, J. — Yea
Demuzio — Yea
Munoz — Not Voting
Meeks — Not Voting
Peterson — Yea
Wilhelmi — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Not Voting
Pankau — Not Voting
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Silverstein — Yea
Lauzen — Not Voting
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Not Voting
Millner — Yea
Cronin — Yea
Garrett — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Concurrence, Amendment 3

Passed 53 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 43006
Democrat 9000
Republican 1000
Total 53006
% of votes cast 90%0%0%10%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Noland — Yea
Luechtefeld — Yea
Maloney — Yea
Schoenberg — Yea
Sieben — Yea
Silverstein — Yea
Brady — Yea
Sullivan — Yea
Clayborne — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Hultgren — Yea
Lauzen — Not Voting
Cullerton — Yea
Jacobs — Yea
Watson — Yea
Jones, J. — Yea
Meeks — Not Voting
Demuzio — Yea
Munoz — Not Voting
Pankau — Not Voting
Peterson — Yea
Radogno — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Not Voting
Kotowski — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Not Voting
Millner — Yea
Cronin — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 115 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 102102
Republican 4000
Democrat 9000
Total 115102
% of votes cast 97%1%0%2%
How each member voted (118)
Member Party Vote
Munson — Yea
Hassert — Yea
Jefferies — Yea
Jefferson — Yea
Krause — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
Reitz — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Mathias — Yea
Lyons — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Meyer — Yea
Molaro — Yea
Mulligan — Yea
Myers — Yea
Nekritz — Yea
Riley — Yea
Schock — Yea
Tryon — Yea
McGuire — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Burke — Yea
Sullivan — Yea
Hannig — Yea
Harris — Yea
Hernandez — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Coulson — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Gordon — Yea
Granberg — Yea
Hamos — Yea
Watson — Yea
Howard — Yea
Madigan — Yea
Davis, Monique — Yea
Bradley, John — Nay
Phelps — Yea
Pihos — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Graham — Not Voting
Holbrook — Yea
Jakobsson — Yea
Kosel — Yea
Osmond — Yea
Osterman — Yea
Patterson — Not Voting
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Scully — Yea
Sommer — Yea
Soto — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Moffitt — Yea
Durkin — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 8001
Unaffiliated 49000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Forby — Yea
Frerichs — Yea
Kotowski — Yea
Lauzen — Yea
Brady — Yea
Luechtefeld — Yea
Maloney — Yea
Meeks — Yea
Millner — Yea
Sullivan — Yea
Munoz — Yea
Noland — Yea
Radogno — Yea
Schoenberg — Yea
Sieben — Yea
Cullerton — Yea
Jacobs — Yea
Silverstein — Yea
Watson — Yea
Jones, J. — Yea
Demuzio — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Garrett — Yea
Haine — Yea
Halvorson — Yea
Hendon — Yea
Hultgren — Yea
Pankau — Yea
Peterson — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Not Voting
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

public-safety transportation
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Frequently asked questions

What does SB 435 do?
Amends the Illinois Vehicle Code. Provides that any towing service that tows or removes a disabled vehicle with the permission of the owner, operator, or person in control of the vehicle shall provide that person with a document, signed by both the driver of the tow truck and that person, that sets forth specified information, including the estimated cost of the tow. Provides that violation of the provision is a petty offense punishable by a fine of not more than $1,000. Provides that the provision applies only in counties having a population of more than 3,000,000 and in counties with a population of more than 250,000 and less than 3,000,000 that are contiguous to a county with a population of more than 3,000,000. Effective immediately.
Who sponsors SB 435?
SB 435 is sponsored by Edward D. Maloney, Elaine Nekritz, Jack D. Franks, Robert "Bob" Rita (Democrat), and Harry R. Ramey, Jr..
What is the current status of SB 435?
This bill has been enacted into law. Introduced February 08, 2007. Enacted.
Where can I track SB 435?
Track SB 435 free on One Click Politics — get push/email alerts when it moves.

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