HB3124 102ND GENERAL ASSEMBLY

LRB102 13122 RAM 18465 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3124

Introduced 2/19/2021, by Rep. Robyn Gabel

SYNOPSIS AS INTRODUCED:

625 ILCS 5/18a-300.5 new
625 ILCS 5/18c-1204	from Ch. 95 1/2, par. 18c-1204
625 ILCS 5/18d-137 new

Amends the Illinois Vehicle Code. Provides that the Transportation Division of the Illinois Commerce Commission shall establish a statewide database in which any licensed tow operator may enter information regarding vehicles towed for safety or relocation purposes. Provides that the database: shall allow each tow operator to have its own login in order to facilitate the entry of information via a mobile device; may integrate with existing law enforcement databases; may have a vehicle identification number validation feature to permit only valid vehicle identification numbers to be submitted to the database; shall include the name of the tow company that took possession of the vehicle; and shall be available to the public. Provides that, within one hour after a vehicle is relocated, a commercial or safety relocator shall notify the law enforcement agency having jurisdiction in the area from which the vehicle was relocated by electronically entering the information into the database. Provides that the commercial or safety relocator shall maintain records documenting the notification. Provides that a commercial or safety relocator in possession of a vehicle that has remained unclaimed for a period of 15 days after having been towed shall, within 5 days after the expiration of that period, report the vehicle as unclaimed by entering the information into the database. Provides that notification shall include specified information. Provides that a commercial or safety relocator that fails to enter the information into the database as required may not charge or collect any amount in connection with the relocation, processing, or storage of the vehicle or dispose of the unclaimed vehicle.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Section 18c-1204 and by adding Sections 18a-300.5 and 18d-137 as follows:

(625 ILCS 5/18a-300.5 new)

Sec. 18a-300.5. Electronic notification.

(a) Not later than one hour after a vehicle is relocated, the relocator shall electronically notify the law enforcement agency having jurisdiction in the area from which the vehicle was relocated by entering the information set forth in subsection (c) into the statewide, publicly available database created under subsection (4) of Section 18c-1204. Relocators shall maintain records documenting the notification made under this subsection.

(b) A relocator in possession of a vehicle that has remained unclaimed for a period of 15 days after having been towed shall report, within 5 days after the expiration of that period, the vehicle as unclaimed by entering the information into the statewide, publicly available database created under subsection (4) of Section 18c-1204.

(c) The notification required by this Section shall include the following:

(1) the name, address, and telephone number of the relocator;

(2) the license number of the relocator;

(3) the color, make, model, vehicle identification number, and license number of the vehicle relocated;

(4) the date and time of the relocation;

(5) the address of the property from which the vehicle was relocated;

(6) the address to which the vehicle was relocated;

(7) other information as required by the Illinois Commerce Commission.

(d) A relocator that fails to comply with this Section may not:

(1) charge or collect any amount in connection with the relocation, processing, or storage of the vehicle; or

(2) dispose of an unclaimed vehicle under Section 4-208 or 4-209.

(625 ILCS 5/18c-1204) (from Ch. 95 1/2, par. 18c-1204)

Sec. 18c-1204. Transportation Division.

(1) Establishment. There shall be established within the staff of the Commission a Transportation Division in which primary staff responsibility for the administration and enforcement of this Chapter and Chapter 18a shall be vested. The Transportation Division shall be headed by a division manager responsible to the executive director.

(2) Structure. The Transportation Division shall consist of 4 programs and 2 offices. The 4 programs shall be Compliance, Review and Examination, Docketing and Processing, and Rail Safety. Each program shall be headed by a program director and responsible to the division manager, except that in the Compliance Program the 3 staff supervisors shall each be responsible to the division manager. The 2 offices shall be the Office of Transportation Counsel and the Office of the Division Manager. The Office of Transportation Counsel shall be headed by a Chief Counsel responsible to the Division Manager. The Division Manager shall coordinate the activities and responsibilities of the Office of Transportation Counsel with the executive director and the personal assistant serving as staff counsel to the executive director in the office of the executive director, and with the Commission.

(a) The Compliance Program.

(i) The Compliance Program shall consist of a police staff, a rate auditing staff, and a civil penalties staff. These staffs shall be headed by a Chief of Police, a Supervisor of Tariffs and Audits, and a Supervisor of Civil Penalties, respectively.

(ii) The police staff shall be divided into districts with a field office in each district. Each district shall be headed by a working supervisor responsible to the Chief of Police. All staff responsibility for enforcement of this Chapter, except with regard to rail safety, shall be vested in the Compliance Program.

(b) The Review and Examination Program.

(i) Staff responsibility for review of all nonhearing matters under this Chapter and Chapter 18a and examination of all matters assigned for hearing under this Chapter and Chapter 18a shall be vested in the Review and Examination Program, except as otherwise provided in Section 18c-1204b.

(ii) Hearing examiners in the program shall have responsibility for developing a full, complete and impartial record on all issues to be decided in a proceeding; recommending disposition of the issues or making an initial decision on them, as provided in this Chapter; and setting forth in writing the basis for their recommendations or initial decisions. The program director shall be the chief hearing examiner for matters under this Chapter and Chapter 18a with responsibility to insure consistency of recommendations and initial decisions.

(c) The Processing and Docketing Program. All staff responsibility for docketing and processing filings, accounting of receipts and expenditures, issuing, file maintenance and other processing functions under this Chapter and Chapter 18a shall be vested in the Processing Program.

(d) The Rail Safety Program. Staff responsibility for administration and enforcement of the rail safety provisions of this Chapter shall be vested in the Rail Safety Program.

(e) The Office of Transportation Counsel.

(i) All Commission staff responsibility for provision of legal services in connection with any matter under this Chapter, excepting any matter under subchapters 7 and 8 of this Chapter, or in connection with any matter under Chapter 18a shall, except with regard to functions vested in the review and examination program under paragraph (b) of this subsection, be vested exclusively in the Office of Transportation Counsel.

(ii) The Office of Transportation Counsel shall, when directed through the division manager to do so, represent the Commission or Commission staff in administrative or judicial proceedings and render staff advisory opinions to the executive director and the Commission.

(f) Levels of Administration. No additional levels of administration, supervision or authority shall be superimposed, or remain superimposed, between levels prescribed under this Section, and no organizational units may be created within the Transportation Division except as prescribed under this Section.

(3) Additional Functions. Staff functions relating to rulemaking, policy recommendations and advisory committees under this Chapter and Chapter 18a shall be vested in the Transportation Division.

The staff shall prepare and distribute to the General Assembly, in April of each year, a report on railway accidents in Illinois which involve hazardous materials. The report shall include the location, substance involved, amounts involved, and the suspected reason for each accident. The report shall also reveal the rail line and point of origin of the hazardous material involved in each accident.

(4) Towed Vehicle Database. The Transportation Division shall establish a statewide database in which any licensed tow operator may enter information regarding vehicles towed for safety or relocation purposes. The database shall allow each tow operator to have its own login in order to facilitate the entry of information via a mobile device. The database may integrate with existing law enforcement databases. The database may have a vehicle identification number validation feature to permit only valid vehicle identification numbers to be submitted to the database. The database shall include the name of the tow company that took possession of the vehicle. The database shall be available to the public.

(Source: P.A. 88-415.)

(625 ILCS 5/18d-137 new)

Sec. 18d-137. Electronic notification.

(a) Not later than one hour after a vehicle is relocated, the safety relocator shall electronically notify the law enforcement agency having jurisdiction in the area from which the vehicle was relocated by entering the information set forth in subsection (c) into the statewide, publicly available database created under subsection (4) of Section 18c-1204. Safety relocators shall maintain records documenting the notification made under this subsection.

(b) A safety relocator in possession of a vehicle that has remained unclaimed for a period of 15 days after having been towed shall report, within 5 days after the expiration of that period, the vehicle as unclaimed by entering the information into the statewide, publicly available database created under subsection (4) of Section 18c-1204.

(c) The notification required by this Section shall include the following:

(1) the name, address, and telephone number of the safety relocator;

(2) the license number of the safety relocator;

(3) the color, make, model, vehicle identification number, and license number of the vehicle relocated;

(4) the date and time of the relocation;

(5) the address of the property from which the vehicle was relocated;

(6) the address to which the vehicle was relocated;

(7) the name, mailing address and telephone number of the person giving the authorization;

(8) the date and time authorization was given; and

(9) other information as required by the Illinois Commerce Commission.

(d) A relocator that fails to comply with this Section may not:

(1) charge or collect any amount in connection with the relocation, processing, or storage of the vehicle; or

(2) dispose of an unclaimed vehicle under Section 4-208 or 4-209.