RECENT LEGISLATION

House Bills

House Bill 2642

House Bill 2642 (originally introduced as HB6169)was a bill that was introduced by the credit union industry. This bill was intended more towards the auto repair and body shop industry as well as consensual towing and storage. The bill requires any repair shop, body shop or towing company that is providing consensual storage to notify the lienholder before any storage can be charged. It also requires any letter sent to be sent certified U.S. mail with a return receipt. The bill mandates that a lienholder be allowed on your premises for the purpose of determining whether they will remove the vehicle or dump it. It also mandates that the lienholder be allowed to bring the form of payment that they prefer. The forms of payment are payment include bank checks, cashier check, certified checks and wire transfers. These are all secure forms of payment, but take some of your control away from your own business. How many of you can take wire transfers?

The PTROI, while being a towing association, has many member companies that do mechanical and body repair. That being said the PTROI chose to fight this bill. Unfortunately, we were fighting alone, and just did not have the muscle to defeat it. The body shop association, the mechanic association, and the new car dealer association were all contacted by the PTROI and only the body shop association made any attempt to help us, and that help was minimal at best. One of our biggest concerns is that this type of thinking may show up soon in bills attacking police and relocation towing.

The PTROI is asking you to write a letter to Governor Rauner. Ask him to veto this bill as it actually is demanding that we provide a service for free. Tell him how as a body shop, towing company, or mechanical shop we act in good faith that the vehicle owner will pick up his vehicle and pay the charges. We understand that the credit unions take a hit, but we should not bear the full load of their debtor’s refusal to pick up the vehicle. Further, if they have that much interest in the vehicles, they should be made to retrieve them all, as when the customer fails to pay a loan, the vehicle reverts to the lienholder. Also, in terms of payment, many of us are not set up to take wire transfers, and to take them once or twice a year it is not worth the expense. The PTROI really appreciates the efforts of those of you that made calls to other members and non-members to get them to call their legislators in an attempt to defeat this bill. This also goes for all of you that sent electronic filings. It is just hard to believe that with a total of over 300 electronic filings in just two hearings that no-one would listen to us. This bill went through both houses of the legislature with not one vote in our favor. The governor signed the bill on August 12, 2016. It goes into effect immediatley.

To view the law click on the link below. You need to click on full text and then Senate Amendment 1(SA1).

http://www.ilga.gov/legislation/BillStatus.asp?DocNum=2642&GAID=13&DocTypeID=HB&LegId=88227&SessionID=88&GA=99

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House Bill 4512

The new version of HB4512 has not yet been introduced but I have received information from the lienholders’ group that they will be seeking to cap storage at $20 per day for the first five days and $35 per day thereafter. They aloso are looking for access to the tow yard to inspect vehicles to see if they are going to redeem them or dump them on the towing company. As you may expect we are strongly opposed to this law and will be fighting it if introduced.

To see the original version of the bill, click on the link below.

http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=88&GA=99&DocTypeId=HB&DocNum=4512&GAID=13&LegID=93569&SpecSess=&Session=

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House Bill 6118

House Bill 6118 was introduced by a PTROI member in an effort to allow tow trucks to use red and blue lights while peerforming a recovery. The purpose of this law was to try to provide towers with another measure of safety. The red and blue lights would not be allowed on when a truck was moving. The Illinois State Police were opposed to it due to many factors. They stated that there were too many cowboys in our industry that would using the lights to justify speeding, running stop lights and the like. The State police also stated that from a distance (particularly at night) other drivers would only see the red and blue lights and not notice that they werre mounted to a tow vehicle and my head to the tow truck thinking it was a squad car and safe haven. It was also stated that if this law passed along with HB6146(the next law we review) that red and blue lights would be so commonplace that no-one would pay attention to them or give the respect due when they are seen on they roadway. It should also be noted that, of all colors, amber lights are seen from the greatest distance with the least negative affects(such as the blind spot you see after being flashed with a white strobe light). This bill failed.

To view this law click on the link below.

http://www.ilga.gov/legislation/BillStatus.asp?DocNum=6118&GAID=13&DocTypeID=HB&LegId=95652&SessionID=88&GA=99

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House Bill 6146

HB6146 as introduced would have allowed municipality owned equipment such as snow plows, road graders, garbage trucks, etc. to use blue lights in combination with amber lights. It was opposed and defeated pretty mech for the same reasons as HB6118. (see prior bill on this page, HB6118)

To view this law click on the lionk below.

http://www.ilga.gov/legislation/BillStatus.asp?DocNum=6146&GAID=13&DocTypeID=HB&LegId=95681&SessionID=88&GA=99

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House Bill 6093

House bill 6093(HB6093) is a bill that defines ‘automobile trnasporter; and covered heavy duty tow truck.

Heavy duty tow truck defined:

(625 ILCS 5/1-112.8 new)
Sec. 1-112.8. Covered heavy duty tow and recovery vehicle.
A vehicle transporting a disabled vehicle from the place where
the vehicle became disabled to the nearest repair facility,
having a gross weight that is equal to or exceeds the gross
vehicle weight of the disabled vehicle being transported.

The above also states that the vehicle to be towed from the place of disablement to the place of nearest repair. This is a gray area we are going to try to straighten out.

(625 ILCS 5/111-12.5)
The vehicle weight limitations in this Section
do not apply to a covered heavy duty tow and recovery
vehicle. The covered heavy duty tow and recovery vehicle
license plate must cover the operating empty weight of the
covered heavy duty tow and recovery vehicle only.

Above is a description of the weight requirement of a covered heavy duty towing and recovery vehicle.

While the above portions of this law seem short this law is actually very lengthy. If you are involved in heavy duty towing, auto transport, or stinger moves you are encouraged to read the entire law. This law has passed and been signed by the governor.

Click on the link below to view the entire law.

http://www.ilga.gov/legislation/fulltext.asp?DocName=09900HB6093ham001&GA=99&SessionId=88&DocTypeId=HB&LegID=95623&DocNum=6093&GAID=13&Session=

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House Bill 6169

See HB 2642, as HB6169 eventually transitioned into HB2642 at the top of this page.

Click on the link below to view bill.

http://www.ilga.gov/legislation/BillStatus.asp?DocNum=6169&GAID=13&DocTypeID=HB&LegId=95708&SessionID=88&GA=99

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Senate Bills

Senate Bill 2261 has been signed in to law by Governor Rauner.   Much of this bill has to do with how municipalities charge their administrative fees for towing.

This bill forms a Towing Committee in the legislature which will go through the existing laws and make recommendations to the legislature. Anything coming out of the committee is not law, rather just recommendations. It is, however, something that we must prepare for as there are over ten people on this committee, only two, being from the towing industry.

Other items in this bill that affect our industry:

At an accident scene, the vehicle owner’s motor club or insurer may tow away the vehicle if called.

A company, or  driver may be found guilty of a Class 4 felony if convicted of a violation of 625ILCS 5/11-1431. (The anti-solicitation law .)

A vehicle owner, his agent, or inusrance company may bring a claim against a commercial safety relocator for violation of  625ILCS5/18d.  (The commercial safety relocator law, commonly known as the STV law.)

To view the law, click on the link below.

http://www.ilga.gov/legislation/BillStatus.asp?DocNum=2261&GAID=13&DocTypeID=SB&LegId=93410&SessionID=88&GA=99

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Senaate Bill 2265(SB2265) is similar to HB4512(see above). This law was introduced in the house but was not moved. We are being watchful so that it does not mutate into the curent version of HB4512. To veiw the original version of SB2265 click on the link below.

http://www.ilga.gov/legislation/BillStatus.asp?DocNum=2265&GAID=13&DocTypeID=SB&LegId=93430&SessionID=88&GA=99

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