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Illinois General Assembly· SB 2040Governor Approved

VEHICLE CD-SAFETY TOWING, the official text

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SB2040 Enrolled                     LRB104 10361 LNS 20436 b

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 Sections 3-704, 18a-501, 18d-105, 18d-115, 18d-120,

6 and 18d-155 and by adding Sections 3-704.4, 18d-116, 18d-118,

7 18d-119, 18d-121, 18d-157, and 18d-158 as follows:

8   (625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)

9   Sec. 3-704. Authority of Secretary of State to suspend or

10 revoke a registration or certificate of title; authority to

11 suspend or revoke the registration of a vehicle.

12  (a) The Secretary of State may suspend or revoke the

13 registration of a vehicle or a certificate of title,

14 registration card, registration sticker or digital

15 registration sticker, registration plate or digital

16 registration plate, disability parking decal or device, or any

17 nonresident or other permit in any of the following events:

18  1. When the Secretary of State is satisfied that such

19  registration or that such certificate, card, plate or

20  digital plate, registration sticker or digital

21  registration sticker, or permit was fraudulently or

22  erroneously issued;

23  2. When a registered vehicle has been dismantled or
    SB2040 Enrolled  -2-           LRB104 10361 LNS 20436 b

1   wrecked or is not properly equipped;

2   3. When the Secretary of State determines that any

3   fines, penalties, or required fees have not been paid to

4   the Secretary of State, to the Illinois Commerce

5   Commission, or to the Illinois Department of Revenue under

6   the Motor Fuel Tax Law, and the same are not paid upon

7   reasonable notice and demand;

8   4. When a registration card, registration plate or

9   digital registration plate, registration sticker or

10  digital registration sticker, or permit is knowingly

11  displayed upon a vehicle other than the one for which

12  issued;

13  5. When the Secretary of State determines that the

14  owner has committed any offense under this Chapter

15  involving the registration or the certificate, card, plate

16  or digital plate, registration sticker or digital

17  registration sticker, or permit to be suspended or

18  revoked;

19  6. When the Secretary of State determines that a

20  vehicle registered not-for-hire is used or operated

21  for-hire unlawfully, or used or operated for purposes

22  other than those authorized;

23  7. When the Secretary of State determines that an

24  owner of a for-hire motor vehicle has failed to give proof

25  of financial responsibility as required by this Act;

26  8. When the Secretary determines that the vehicle is
    SB2040 Enrolled       -3-             LRB104 10361 LNS 20436 b

1   not subject to or eligible for a registration;

2   9. When the Secretary determines that the owner of a

3   vehicle registered under the mileage weight tax option

4   fails to maintain the records specified by law, or fails

5   to file the reports required by law, or that such vehicle

6   is not equipped with an operable and operating speedometer

7   or odometer;

8   10. When the Secretary of State is so authorized under

9   any other provision of law;

10  11. When the Secretary of State determines that the

11  holder of a disability parking decal or device has

12  committed any offense under Chapter 11 of this Code

13  involving the use of a disability parking decal or device.

14  (a-5) The Secretary of State may revoke a certificate of

15 title and registration card and issue a corrected certificate

16 of title and registration card, at no fee to the vehicle owner

17 or lienholder, if there is proof that the vehicle

18 identification number is erroneously shown on the original

19 certificate of title.

20  (b) The Secretary of State may suspend or revoke the

21 registration of a vehicle as follows:

22  1. When the Secretary of State determines that the

23  owner of a vehicle has not paid a civil penalty or a

24  settlement agreement arising from the violation of rules

25  adopted under the Illinois Motor Carrier Safety Law or the

26  Illinois Hazardous Materials Transportation Act or that a
    SB2040 Enrolled  -4-        LRB104 10361 LNS 20436 b

1   vehicle, regardless of ownership, was the subject of

2   violations of these rules that resulted in a civil penalty

3   or settlement agreement which remains unpaid.

4   2. When the Secretary of State determines that a

5   vehicle registered for a gross weight of more than 16,000

6   pounds within an affected area is not in compliance with

7   the provisions of Section 13-109.1 of this Code.

8   3. When the Secretary of State is notified by the

9   United States Department of Transportation that a vehicle

10  is in violation of the Federal Motor Carrier Safety

11  Regulations, as they are now or hereafter amended, and is

12  prohibited from operating.

13  (c) The Secretary of State may suspend the registration of

14 a vehicle when a court finds that the vehicle was used in a

15 violation of Section 24-3A of the Criminal Code of 1961 or the

16 Criminal Code of 2012 relating to gunrunning. A suspension of

17 registration under this subsection (c) may be for a period of

18 up to 90 days.

19  (d) The Secretary shall deny, suspend, or revoke

20 registration if the applicant fails to disclose material

21 information required, if the applicant has made a materially

22 false statement on the application, if the applicant has

23 applied as a subterfuge for the real party in interest who has

24 been issued a federal out-of-service order, or if the

25 applicant's business is operated by, managed by, or otherwise

26 controlled by or affiliated with a person who is ineligible
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 1 for registration, including the applicant entity, a relative,
 2 family member, corporate officer, or shareholder. The
 3 Secretary shall deny, suspend, or revoke registration for
 4 either (i) a vehicle if the motor carrier responsible for the
 5 safety of the vehicle has been prohibited from operating by
 6 the Federal Motor Carrier Safety Administration; or (ii) a
 7 carrier whose business is operated by, managed by, or
 8 otherwise controlled by or affiliated with a person who is
 9 ineligible for registration, which may include the owner, a
10 relative, family member, corporate officer, or shareholder of
11 the carrier.
12 (Source: P.A. 101-185, eff. 1-1-20; 101-395, eff. 8-16-19;
13 102-558, eff. 8-20-21.)

14  (625 ILCS 5/3-704.4 new)

15  Sec. 3-704.4. Failure to satisfy fines or penalties

16 assessed by the Commission; suspension of tow truck

17 registrations.

18  (a) Beginning July 1, 2026, upon receipt of a report

19 pursuant to Section 18d-158, as set forth in subsection (c),

20 from the Commission stating that the owner of a registered tow

21 truck has failed to satisfy any fine or penalty issued by the

22 Commission, the Secretary of State shall suspend all tow truck

23 registrations of the person in accordance with the procedures

24 set forth in this Section.

25  (b) Following receipt of the certified report of the
    SB2040 Enrolled       -6-  LRB104 10361 LNS 20436 b

1 Commission as specified in this Section, the Secretary of

2 State shall notify the person whose name appears on the

3 certified report that the person's tow truck registrations

4 shall be suspended within 30 calendar days unless the

5 Secretary of State is presented with a notice from the

6 Commission certifying that the fines or penalties owing the

7 Commission have been satisfied or that inclusion of that

8 person's name on the certified report was in error. The

9 Secretary's notice shall state in substance the information

10 contained in the Commission's certified report to the

11 Secretary, and shall be effective as specified by subsection

12 (c) of Section 6-211.

13  (c) The report from the Commission notifying the Secretary

14 of unsatisfied fines or penalties pursuant to this Section

15 shall be certified by the Transportation Division Manager, or

16 his or her designee, and shall contain the following:

17  (1) The name and last known address of the person that

18  failed to satisfy the fines or penalties and the vehicle

19  identification number of any tow trucks known to be

20  registered in the State to that person.

21  (2) A statement that the Commission sent a notice

22  consistent with subsection (b) of Section 18d-158 to the

23  person named in the report at the address recorded with

24  the Secretary of State, the date on which the notice was

25  sent, and the address to which the notice was sent.

26  (d) The Commission, after making a certified report to the
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1 Secretary pursuant to this Section, shall notify the

2 Secretary, on a form prescribed by the Secretary, whenever a

3 person named in the certified report has satisfied the

4 previously reported fines or penalties or whenever the

5 Commission determines that the original report was in error. A

6 certified copy of the notification shall also be given upon

7 request and at no additional charge to the person named

8 therein. Upon receipt of the Commission's notification or

9 presentation of a certified copy of the notification, the

10 Secretary shall terminate the suspension.

11  (e) A person may request an administrative hearing to

12 contest a suspension or impending suspension made pursuant to

13 this Section as authorized under Section 2-118. The Commission

14 may reimburse the Secretary for all reasonable costs incurred

15 by the Secretary as a result of the filing of a certified

16 report pursuant to this Section, including, but not limited

17 to, the costs of providing notice required pursuant to

18 subsection (b) and the costs incurred by the Secretary in any

19 hearing conducted with respect to the report pursuant to this

20 subsection and any appeal from that hearing.

21  (f) The Secretary and the Commission may adopt rules to

22 enable them to carry out their duties under this Section.

23  (g) The Commission shall cooperate with the Secretary in

24 the administration of this Section and shall provide the

25 Secretary with any information the Secretary may deem

26 necessary for these purposes.
   SB2040 Enrolled  -8-          LRB104 10361 LNS 20436 b

1  The Secretary shall cooperate with the Commission in the

2 administration of this Section and shall provide any

3 information that the Commission may deem necessary, subject to

4 the limitations set forth in Section 2-123.

5  (h) For purposes of this Section, "Commission" means the

6 Illinois Commerce Commission.

7  (625 ILCS 5/18a-501) (from Ch. 95 1/2, par. 18a-501)

8  Sec. 18a-501. Liens against relocated vehicles.

9  (a) Unauthorized vehicles removed and stored by a

10 commercial vehicle relocator in compliance with this Chapter

11 shall be subject to a possessory lien for services pursuant to

12 the Labor and Storage Lien (Small Amount) Act, and the

13 provisions of Section 1 of that Act relating to notice and

14 implied consent shall be deemed satisfied by compliance with

15 Section 18a-302 and item (10) of Section 18a-300. In no event

16 shall such lien be greater than the rate or rates established

17 in accordance with item (6) of Section 18a-200. In no event

18 shall such lien be increased or altered to reflect any charge

19 for services or materials rendered in addition to those

20 authorized by this Act. Every such lien shall be payable by use

21 of any major credit card, in addition to being payable in cash.

22 Upon receipt of a properly signed credit card receipt, a

23 relocator shall become a holder in due course, and neither the

24 holder of the credit card nor the company which issued the

25 credit card may thereafter refuse to remit payment in the
    SB2040 Enrolled       -9-            LRB104 10361 LNS 20436 b

1 amount shown on the credit card receipt minus the ordinary

2 charge assessed by the credit card company for processing the

3 charge. The Commission may adopt regulations governing

4 acceptance of credit cards by a relocator.

5   (b) Any personal property belonging to the vehicle owner

6 in a vehicle subject to a lien under this Section shall be

7 subject to that lien, excepting only: child restraint systems

8 as defined in Section 4 of the Child Passenger Protection Act

9 and other child booster seats; eyeglasses; food; medicine;

10 personal medical and health care devices, including hearing

11 instruments; perishable property; any operator's licenses; any

12 cash, credit cards, or checks or checkbooks; any wallet,

13 purse, or other property containing any operator's licenses,

14 social security cards, or other identifying documents or

15 materials, cash, credit cards, checks or checkbooks, or

16 passbooks; higher education textbooks and study materials; and

17 any personal property belonging to a person other than the

18 vehicle owner if that person provides adequate proof that the

19 personal property belongs to that person. The spouse, child,

20 mother, father, brother, or sister of the vehicle owner may

21 claim personal property excepted under this subsection if the

22 person claiming the personal property provides the commercial

23 vehicle relocator with the authorization of the vehicle owner.

24 (Source: P.A. 91-357, eff. 7-29-99.)

25  (625 ILCS 5/18d-105)
    SB2040 Enrolled          - 10 - LRB104 10361 LNS 20436 b

1   Sec. 18d-105. Definitions. As used in this Chapter:

2   (1) "Commercial vehicle safety relocator" or "safety

3 relocator" means any person or entity engaged in the business

4 of removing damaged or disabled vehicles from public or

5 private property by means of towing or otherwise, and

6 thereafter relocating and storing such vehicles.

7   (2) "Commission" means the Illinois Commerce Commission.

8   (3) "Beneficial owner" means an individual who either,

9 directly or indirectly: (a) exercises substantial control over

10 a person or entity; or (b) owns or controls at least 25% of the

11 person's or entity's ownership interests.

12 (Source: P.A. 95-562, eff. 7-1-08.)

13  (625 ILCS 5/18d-115)

14  Sec. 18d-115. Safety relocator registration required;

15 application disclosures.

16  (a) It is unlawful for any commercial vehicle safety

17 relocator to operate in any county in which this Chapter is

18 applicable without a valid, current safety relocator's

19 registration certificate issued by the Commission.

20  (b) The Commission shall issue safety relocator's

21 registration certificates in accordance with administrative

22 rules adopted by the Commission. The Commission shall require

23 that in addition to such other information as the Commission

24 may require by rule, any application for a safety relocator's

25 registration be verified and disclose whether:
    SB2040 Enrolled  - 11 - LRB104 10361 LNS 20436 b

1       (1) the applicant has failed to satisfy any fine or

2   penalty issued by the Commission;

3       (2) any officer, employee, or agent of the applicant

4   has failed to satisfy any fine or penalty issued by the

5   Commission;

6       (3) any person or entity other than the applicant with

7   a beneficial owner in common with the applicant has failed

8   to satisfy any fine or penalty issued by the Commission;

9   or

10      (4) the applicant has failed to satisfy a judgment

11  entered by a court of competent jurisdiction for violation

12  of this Chapter or rules of the Commission adopted under

13  this Chapter.

14  If the Commission finds that any failure to satisfy a fine

15 or penalty issued by the Commission or a judgment entered by a

16 court of competent jurisdiction was, or should have been,

17 disclosed by the applicant, the Commission may deny the

18 application.

19  (c) The Commission may inquire into the conduct of any

20 commercial vehicle safety relocator, or the beneficial owner

21 of a commercial vehicle safety relocator, to determine if the

22 provisions of this Chapter and the rules of the Commission

23 adopted pursuant to this Chapter are being observed.

24  (d) If the Commission finds any failure to satisfy a fine

25 or penalty issued by the Commission or a judgment entered by a

26 court of competent jurisdiction, as set forth in subsection
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 1 (b), it shall revoke the issued safety relocator's
 2 registration unless the Commission finds, through clear and
 3 convincing evidence, good cause for the failure.
 4 It shall be unlawful for any commercial vehicle safety
 5 relocator to operate in any county in which this Chapter is
 6 applicable without a valid, current safety relocator's
 7 registration certificate issued by the Illinois Commerce
 8 Commission. The Illinois Commerce Commission shall issue
 9 safety relocator's registration certificates in accordance
10 with administrative rules adopted by the Commission. The
11 Commission may, at any time during the term of the
12 registration certificate, make inquiry, into the licensee's
13 management or conduct of business or otherwise, to determine
14 that the provisions of this Chapter and the rules of the
15 Commission adopted under this Chapter are being observed.
16 (Source: P.A. 95-562, eff. 7-1-08.)

17  (625 ILCS 5/18d-116 new)

18  Sec. 18d-116. Business and storage location requirements;

19 proof of right to use premises.

20  (a) The office address that the commercial vehicle safety

21 relocator lists on the application shall be the primary

22 business location of the firm where its records are

23 maintained, as required by Section 18d-135.

24  (b) The application shall also list by address all

25 locations of secure areas for vehicle storage and redemption
    SB2040 Enrolled           - 13 - LRB104 10361 LNS 20436 b

1 maintained by the commercial vehicle safety relocator.

2   (c) A safety relocator shall own or have a right to use and

3 occupy, under a written lease, all business locations and

4 vehicle storage and redemption locations listed on an

5 application.

6   (d) The commercial vehicle safety relocator shall notify

7 the Commission in writing of any change in or addition of a

8 primary business location or location of secure areas for

9 vehicle storage and redemption.

10  (e) Listing a primary business location or vehicle storage

11 and redemption location on an application or update form that

12 the safety relocator does not have a right to use or occupy by

13 virtue of ownership or a written lease shall be considered a

14 materially false statement for purposes of Section 18d-119.

15 Failure to list a primary business location or vehicle storage

16 and redemption location on an application or update form shall

17 be considered a material omission for purposes of Section

18 18d-119.

19  (f) Each business and storage location shall conform to

20 Section 18d-130.

21  (625 ILCS 5/18d-118 new)

22  Sec. 18d-118. Liens against personal property in a towed

23 vehicle.

24  (a) All child restraint systems, as defined in Section 4

25 of the Child Passenger Protection Act, and other child booster
    SB2040 Enrolled  - 14 - LRB104 10361 LNS 20436 b

1 seats; eyeglasses; food; medicine; or personal medical and

2 health care devices, including hearing instruments; perishable

3 property; any operator's licenses; any cash, credit cards, or

4 checks or checkbooks; any wallet, purse, or other property

5 containing any operator's license, social security card, or

6 other identifying documents or materials, cash, credit cards,

7 checks or checkbooks, or passbooks; higher education textbooks

8 and study materials in a vehicle towed pursuant to this

9 Chapter shall be exempt from a lien under the Labor and Storage

10 Lien (Small Amount) Act and may be reclaimed by the vehicle

11 owner or operator or the spouse, parent, child, or sibling of

12 the vehicle owner or operator, as long as the related person

13 provides the commercial vehicle safety relocator written

14 authorization from the owner of the personal property.

15  (b) Other personal property in a relocated vehicle,

16 excluding cargo, is exempt from a lien under the Labor and

17 Storage Lien (Small Amount) Act and may be claimed by the owner

18 of such personal property, or by the spouse, child, parent, or

19 sibling of the owner of such personal property, as long as the

20 related person provides the commercial vehicle safety

21 relocator written authorization from the owner of such

22 personal property, and provided the vehicle owner or related

23 person provides the commercial vehicle safety relocator with

24 proof that the vehicle owner has an insurance policy

25 sufficient to pay applicable recovery, towing, and storage

26 charges. Notwithstanding other provisions of this Code, cargo
    SB2040 Enrolled            - 15 - LRB104 10361 LNS 20436 b

1 shall be subject to the tower's lien.

2   The regulation of liens on personal property and

3 exceptions to those liens in the case of vehicles towed as a

4 result of being involved in a crash are exclusive powers and

5 functions of the State. A home rule unit may not regulate liens

6 on personal property and exceptions to those liens in the case

7 of vehicles towed as a result of being involved in a crash.

8 This Section is a denial and limitation of home rule powers and

9 functions under subsection (h) of Section 6 of Article VII of

10 the Illinois Constitution.

11  (625 ILCS 5/18d-119 new)

12  Sec. 18d-119. Making false statement; power to deny

13 application and revoke registration.

14  (a) The Commission may deny, suspend, or revoke a

15 commercial vehicle safety relocator registration if the

16 applicant or licensee is found to have made a materially false

17 statement or a material omission in a filing with the

18 Commission, if the applicant has applied as a subterfuge for

19 another party in interest, or if the applicant's business is

20 operated, managed, or otherwise controlled by a person who was

21 not disclosed on the application.

22  (b) The Commission shall not issue a commercial vehicle

23 safety relocator registration to an applicant who has been

24 denied or revoked pursuant to subsection (a) for a period of up

25 to 3 years from the date the application was denied or
    SB2040 Enrolled          - 16 - LRB104 10361 LNS 20436 b

1 registration was revoked.

2   (625 ILCS 5/18d-120)

3   Sec. 18d-120. Disclosure to vehicle owner or operator

4 before towing of damaged or disabled vehicle commences.

5   (a) A commercial vehicle safety relocator shall not

6 commence the towing of a damaged or disabled vehicle without

7 specific authorization from the vehicle owner or operator

8 after the disclosures set forth in this Section.

9   (b) Every commercial vehicle safety relocator shall,

10 before towing a damaged or disabled vehicle, give to each

11 vehicle owner or operator a written disclosure providing:

12  (1) The formal business name of the commercial vehicle

13  safety relocator, as registered with the Illinois

14  Secretary of State, and its business address and telephone

15  number.

16  (2) The address of the location to which the vehicle

17  shall be relocated.

18  (3) The cost of all relocation, storage, and any other

19  fees, without limitation, that the commercial vehicle

20  safety relocator will charge for its services.

21  (4) An itemized description of the vehicle owner or

22  operator's rights under this Code, as follows:

23  "As a customer, you also have the following rights under

24 Illinois law:

25  (1) This written disclosure must be provided to you
    SB2040 Enrolled     - 17 - LRB104 10361 LNS 20436 b

1   before your vehicle is towed, providing the business name,

2   business address, address where the vehicle will be towed,

3   and a reliable telephone number;

4   (2) Before towing, you must be advised of the price of

5   all services;

6   (3) Upon your demand, a final invoice itemizing all

7   charges, as well as any damage to the vehicle upon its

8   receipt and return to you, must be provided;

9   (4) Upon your demand, your vehicle must be returned

10  during business hours, upon your prompt payment of all

11  reasonable fees;

12  (5) You have the right to pay all charges in cash or by

13  major credit card;

14  (6) Upon your demand, you must be provided with proof

15  of the existence of mandatory insurance insuring against

16  all risks associated with the transportation and storage

17  of your vehicle."

18  (c) The commercial vehicle safety relocator shall provide

19 a copy of the completed disclosure required by this Section to

20 the vehicle owner or operator, before towing the damaged or

21 disabled vehicle, and shall maintain an identical copy of the

22 completed disclosure in its records for a minimum of 5 years

23 after the transaction concludes.

24  (d) If the vehicle owner or operator is incapacitated,

25 incompetent, or otherwise unable to knowingly accept receipt

26 of the disclosure described in this Section, the commercial
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1 vehicle safety relocator shall provide a completed copy of the

2 disclosure to local law enforcement and, if known, the vehicle

3 owner or operator's automobile insurance company.

4   (e) If the commercial vehicle safety relocator fails to

5 comply with the requirements of this Section, the commercial

6 vehicle safety relocator shall be prohibited from seeking any

7 compensation whatsoever from the vehicle owner or operator,

8 including but not limited to any towing, storage, or other

9 incidental fees. Furthermore, if the commercial vehicle safety

10 relocator or operator fails to comply with the requirements of

11 this Section, any contracts entered into by the commercial

12 vehicle safety relocator and the vehicle owner or operator

13 shall be deemed null, void, and unenforceable.

14  (f) The authorization and disclosures required under this

15 Section are not required if a tow was authorized by a law

16 enforcement agency or officer, as evidenced by a tow sheet

17 issued by the law enforcement agency or officer. If no tow

18 sheet was issued by the authorizing law enforcement agency or

19 officer, then the evidence may be presented through records of

20 the safety relocator showing the date and time of

21 authorization, the department and star or badge number of the

22 officer from whom authorization was received, and the incident

23 report number assigned by the law enforcement agency or

24 officer.

25 (Source: P.A. 95-562, eff. 7-1-08.)
    SB2040 Enrolled           - 19 - LRB104 10361 LNS 20436 b

1   (625 ILCS 5/18d-121 new)

2   Sec. 18d-121. Vehicle relocation.

3   (a) All vehicles subject to this Chapter shall be

4 relocated to a storage and redemption lot registered with the

5 Commission unless the owner or operator requests another

6 location in writing. This subsection shall not apply to

7 vehicles relocated pursuant to authorization from a law

8 enforcement agency or official.

9   (b) Vehicles subject to this Chapter shall be released

10 only after payment of applicable recovery, towing, and storage

11 charges, as long as the charges were disclosed in compliance

12 with Section 18d-120 or are exempt from disclosure under

13 subsection (f) of Section 18d-120.

14  (625 ILCS 5/18d-155)

15  Sec. 18d-155. (a) The Commission may demand documentation

16 or investigate business practices by a commercial vehicle

17 safety relocator to determine compliance with this Chapter and

18 rules adopted by the Commission pursuant to this Chapter.

19  (b) Failure to comply with any Section of this Chapter, or

20 any rules adopted by the Commission pursuant to this Chapter,

21 as determined by the Commission shall subject a commercial

22 vehicle safety relocator to penalties imposed by the

23 Commission. Penalties may include suspension or revocation of

24 registration certificate and monetary fines and civil

25 penalties up to $1,000 for each violation. Each day of a
    SB2040 Enrolled         - 20 - LRB104 10361 LNS 20436 b

1 continuing violation of subsection (a) of this Section shall

2 be a separate violation.

3   (c) In addition to a person or entity deemed to be a

4 commercial vehicle safety relocator pursuant to Section

5 18d-105, any officer of a corporation, manager of a limited

6 liability company, partner of a partnership, or employee or

7 agent of any such entity who knowingly permits a commercial

8 vehicle safety relocator to violate provisions of this Chapter

9 or rules adopted by the Commission pursuant to this Chapter

10 shall be subject to penalties as provided in this Section.

11  (d) Every commercial vehicle safety relocator must

12 designate and maintain a registered agent for service of

13 process. The registered agent must have a physical address

14 within the State where the registered agent can receive legal

15 documents and official notices. This address must be a

16 physical location, not a post office box, and must be open and

17 staffed during regular business hours.

18 The Illinois Commerce Commission may request documentation or

19 investigate business practices by a commercial vehicle safety

20 relocator to determine compliance with this Chapter. Failure

21 to comply with any Section of this Chapter, as determined by

22 the Illinois Commerce Commission shall subject a commercial

23 vehicle safety relocator to penalties imposed by the Illinois

24 Commerce Commission. Penalties may include suspension of

25 registration certificate and monetary fines up to $1,000 for

26 each violation.
    SB2040 Enrolled           - 21 - LRB104 10361 LNS 20436 b

1 (Source: P.A. 95-562, eff. 7-1-08.)

2   (625 ILCS 5/18d-157 new)

3   Sec. 18d-157. Vehicle impoundment.

4   (a) The Commission police may seize and impound a tow

5 truck by authorizing the towing and storage of the tow truck

6 where the officer has probable cause to believe that:

7   (1) the tow truck is being used, or was used, to remove

8   a damaged or disabled vehicle from public or private

9   property while the owner or operator of the tow truck does

10  not hold a valid, current safety relocator's registration

11  certificate issued by the Commission; or

12  (2) the registered owner of the tow truck owes past

13  due fines, civil penalties, or fees to the Commission.

14  (b) At the time the vehicle is towed, the officer ordering

15 the tow shall provide to the person in control of the tow truck

16 a copy of the vehicle impoundment report.

17  The Commission shall mail a notice of impoundment to all

18 registered owners and lienholders within 2 business days after

19 the date the vehicle was impounded if the vehicle is

20 registered in this State. If the vehicle is registered in a

21 jurisdiction other than this State, the Commission shall

22 request owner and lienholder information from the appropriate

23 agency within 2 business days after the date the vehicle was

24 impounded and shall mail a notice of impoundment to all

25 registered owners and lienholders within 2 business days after
    SB2040 Enrolled           - 22 - LRB104 10361 LNS 20436 b

1 receiving the information.

2   Notices shall be mailed by certified mail, return receipt

3 requested, to the addresses on file with the Secretary of

4 State, or in the case of a foreign-registered vehicle, to the

5 addresses on file with the State where the vehicle is

6 registered.

7   At minimum, the notice of impoundment shall contain:

8   (1) in bold typeface, a heading with the words "Notice

9   of Impoundment";

10  (2) a description of the impounded tow truck;

11  (3) the reason for impoundment;

12  (4) the location where the impounded tow truck is

13  being stored;

14  (5) the potential fines, civil penalties, and fees

15  that must be satisfied to reclaim the tow truck;

16  (6) procedures to request a hearing before the

17  Commission; and

18  (7) a notice that if the tow truck remains unclaimed,

19  it may be sold or disposed of in accordance with

20  applicable law.

21  (c) Before a vehicle impounded under this Section may be

22 released, the owner or lienholder must obtain a release from

23 the Commission and pay all storage and towing fees to the

24 towing service.

25  To obtain a release from the Commission, the owner or

26 lienholder shall furnish to the Commission proof of ownership,
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1 such as title, vehicle registration, or bill of sale, or right

2 to possession of the vehicle and valid identification, and:

3   (1) pay the $1,000 administrative fine plus any fines

4   for concurrent violations, and pay all other fines, civil

5   penalties, and fees owed to the Commission. Such payment

6   shall constitute an admission of liability and a waiver of

7   the right to a hearing;

8   (2) post a bond in the amount of the $1,000

9   administrative fine plus any fines for concurrent

10  violations, which bond shall be held by the Commission;

11  pay all other unpaid fines, civil penalties, and fees owed

12  to the Commission; and request a hearing to contest the

13  impoundment; or

14  (3) request a hearing. A release shall not be issued

15  under this subparagraph until ordered by the Commission

16  after the conclusion of the hearing and any fines, civil

17  penalties or fees ordered have been paid.

18  Fines and civil penalties and posting of bond may be paid

19 by certified or cashier's check or money order.

20  (d) A request for hearing shall, unless otherwise provided

21 for by the Commission, be mailed to the Commission within 15

22 calendar days after the mailing date of the notice of

23 impoundment.

24  The Commission shall conduct a hearing within 10 business

25 days after receipt of a request for hearing.

26  The Commission shall determine, by a preponderance of the
    SB2040 Enrolled     - 24 - LRB104 10361 LNS 20436 b

1 evidence, whether the vehicle should be released without

2 payment of the administrative fine and any fines for

3 concurrent violations. The failure of the owner of record to

4 appear at the hearing or to request a continuance in a timely

5 manner shall be deemed a waiver of the right to a hearing, and

6 a default order in favor of the Commission may be entered.

7   If, after the hearing, the Commission determines that the

8 vehicle should be released without payment of the

9 administrative fine and any fines for concurrent violations,

10 any bond posted shall be refunded.

11  If, after the hearing, the Commission determines that the

12 vehicle should not be released without payment of the

13 administrative fine and any fines for concurrent violations,

14 the bond shall be forfeited to the Commission in the amount of

15 the fines, civil penalties, and fees owed, and any surplus

16 shall be refunded.

17  Fines, civil penalties, and fees imposed pursuant to this

18 Chapter shall constitute a debt owed to the Commission, which

19 may be enforced in any manner provided for by law. Any cash

20 bond posted pursuant to this Section shall be applied to the

21 fines, civil penalties, and fees owed.

22  (e) Except as otherwise provided in this Section, a

23 vehicle shall continue to be impounded until:

24  (1) the vehicle has been reclaimed pursuant to

25  subsection (d); or

26  (2) the vehicle or equipment is deemed unclaimed.
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1   (f) Any vehicle not reclaimed within 10 working days after

2 the expiration of the time during which the owner of record may

3 seek judicial review of the Commission's action, or within 10

4 working days after a final judgment in favor of the

5 Commission, may be disposed of as an unclaimed vehicle in

6 accordance with Sections 4-208 and 4-209.

7   (625 ILCS 5/18d-158 new)

8   Sec. 18d-158. Failure to satisfy fines or penalties;

9 referral to Secretary of State.

10  (a) In addition to any other remedies provided by law, the

11 Commission may report any person with unpaid fees, fines, or

12 penalties issued by the Commission to the Secretary of State

13 for suspension of the person's tow truck registrations.

14  (b) Prior to referral under this Section, the Commission

15 shall issue a final demand for payment which shall clearly

16 state that failure to pay the outstanding fines or penalties

17 by the date provided in the demand will result in a referral to

18 the Secretary of State for the suspension of that person's tow

19 truck registrations in accordance with Section 3-704.4.
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