IL
Illinois House Bill HB3430

Illinois 2025-2026 Regular Session

Illinois House Bill HB3430 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3430 Introduced , by Rep. Norma Hernandez SYNOPSIS AS INTRODUCED: New Act Creates the Nonconsensual Towing Act. Creates the Commercial Vehicle Towing Advisory Committee. Sets forth members, terms, compensation, meetings, and record keeping. Provides that the Committee shall: (1) establish rules and standards for the inclusion of a towing and recovery service on the tow list; (2) establish statewide maximum towing and storage rates for nonconsensual tows; (3) require the towing and recovery service to ban the use of per-pound billing for nonconsensual towing; (4) publish a Towing Service Standard Manual; and (5) collect and compile data and information on the number of people who have been towed nonconsensually and the areas where nonconsensual towings have occurred. Requires a towing and recovery service to allow an owner of a commercial motor vehicle or a designee of the owner of the commercial motor vehicle to access the vehicle in a reasonable manner as established by rules adopted by the Committee. Allows a law enforcement officer to use the services of the a tow list. Provides that it is unlawful for: (1) a law enforcement officer to receive compensation or receive any other incentive to select a particular towing and recovery service from the list, hold any financial interest in a towing and recovery service, and recommend any towing and recovery service in the performance of his or her duties; (2) any member or employee of the Committee, Department of Transportation, or Secretary of State to receive compensation from a towing and recovery service for the privilege of being included on the tow list; (3) a towing and recovery service to pay money or other valuable consideration for the privilege of nonconsensual towing commercial motor vehicles; and (4) a towing and recovery service to employ or otherwise compensate individuals whose primary task is to report the presence of unauthorized, improperly, or illegally parked commercial motor vehicles for the purpose of towing or removal and storage. Provides that before a towing and recovery service connects a commercial motor vehicle to a tow truck for a nonconsensual tow, the towing and recovery service shall document the vehicle's condition and the reason for the tow. Prohibits a towing and recovery service from using vehicle immobilization devices except under the direction of law enforcement. Repeals the Act on July 1, 2030. Effective July 1, 2025. LRB104 10396 LNS 20471 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3430 Introduced , by Rep. Norma Hernandez SYNOPSIS AS INTRODUCED: New Act New Act Creates the Nonconsensual Towing Act. Creates the Commercial Vehicle Towing Advisory Committee. Sets forth members, terms, compensation, meetings, and record keeping. Provides that the Committee shall: (1) establish rules and standards for the inclusion of a towing and recovery service on the tow list; (2) establish statewide maximum towing and storage rates for nonconsensual tows; (3) require the towing and recovery service to ban the use of per-pound billing for nonconsensual towing; (4) publish a Towing Service Standard Manual; and (5) collect and compile data and information on the number of people who have been towed nonconsensually and the areas where nonconsensual towings have occurred. Requires a towing and recovery service to allow an owner of a commercial motor vehicle or a designee of the owner of the commercial motor vehicle to access the vehicle in a reasonable manner as established by rules adopted by the Committee. Allows a law enforcement officer to use the services of the a tow list. Provides that it is unlawful for: (1) a law enforcement officer to receive compensation or receive any other incentive to select a particular towing and recovery service from the list, hold any financial interest in a towing and recovery service, and recommend any towing and recovery service in the performance of his or her duties; (2) any member or employee of the Committee, Department of Transportation, or Secretary of State to receive compensation from a towing and recovery service for the privilege of being included on the tow list; (3) a towing and recovery service to pay money or other valuable consideration for the privilege of nonconsensual towing commercial motor vehicles; and (4) a towing and recovery service to employ or otherwise compensate individuals whose primary task is to report the presence of unauthorized, improperly, or illegally parked commercial motor vehicles for the purpose of towing or removal and storage. Provides that before a towing and recovery service connects a commercial motor vehicle to a tow truck for a nonconsensual tow, the towing and recovery service shall document the vehicle's condition and the reason for the tow. Prohibits a towing and recovery service from using vehicle immobilization devices except under the direction of law enforcement. Repeals the Act on July 1, 2030. Effective July 1, 2025. LRB104 10396 LNS 20471 b LRB104 10396 LNS 20471 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3430 Introduced , by Rep. Norma Hernandez SYNOPSIS AS INTRODUCED:
33 New Act New Act
44 New Act
55 Creates the Nonconsensual Towing Act. Creates the Commercial Vehicle Towing Advisory Committee. Sets forth members, terms, compensation, meetings, and record keeping. Provides that the Committee shall: (1) establish rules and standards for the inclusion of a towing and recovery service on the tow list; (2) establish statewide maximum towing and storage rates for nonconsensual tows; (3) require the towing and recovery service to ban the use of per-pound billing for nonconsensual towing; (4) publish a Towing Service Standard Manual; and (5) collect and compile data and information on the number of people who have been towed nonconsensually and the areas where nonconsensual towings have occurred. Requires a towing and recovery service to allow an owner of a commercial motor vehicle or a designee of the owner of the commercial motor vehicle to access the vehicle in a reasonable manner as established by rules adopted by the Committee. Allows a law enforcement officer to use the services of the a tow list. Provides that it is unlawful for: (1) a law enforcement officer to receive compensation or receive any other incentive to select a particular towing and recovery service from the list, hold any financial interest in a towing and recovery service, and recommend any towing and recovery service in the performance of his or her duties; (2) any member or employee of the Committee, Department of Transportation, or Secretary of State to receive compensation from a towing and recovery service for the privilege of being included on the tow list; (3) a towing and recovery service to pay money or other valuable consideration for the privilege of nonconsensual towing commercial motor vehicles; and (4) a towing and recovery service to employ or otherwise compensate individuals whose primary task is to report the presence of unauthorized, improperly, or illegally parked commercial motor vehicles for the purpose of towing or removal and storage. Provides that before a towing and recovery service connects a commercial motor vehicle to a tow truck for a nonconsensual tow, the towing and recovery service shall document the vehicle's condition and the reason for the tow. Prohibits a towing and recovery service from using vehicle immobilization devices except under the direction of law enforcement. Repeals the Act on July 1, 2030. Effective July 1, 2025.
66 LRB104 10396 LNS 20471 b LRB104 10396 LNS 20471 b
77 LRB104 10396 LNS 20471 b
88 A BILL FOR
99 HB3430LRB104 10396 LNS 20471 b HB3430 LRB104 10396 LNS 20471 b
1010 HB3430 LRB104 10396 LNS 20471 b
1111 1 AN ACT concerning transportation.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Short title. This Act may be cited as the
1515 5 Nonconsensual Towing Act.
1616 6 Section 5. Definitions.As used in this Act:
1717 7 "Cargo" means goods and materials transported by a
1818 8 commercial motor vehicle as defined in 49 CFR Section 390.5,
1919 9 75, including, but not limited to:
2020 10 (1) pallets;
2121 11 (2) containers;
2222 12 (3) bracing;
2323 13 (4) air pillows;
2424 14 (5) tie-down assemblies and other securement 81
2525 15 systems;
2626 16 (6) cradles;
2727 17 (7) chocks; and
2828 18 (8) all other dunnage and packaging.
2929 19 "Commercial vehicle" means any self-propelled or motored
3030 20 device designed to be used or used primarily for the
3131 21 transportation of passengers or property, or both, and have a
3232 22 gross vehicular weight rating of fifteen thousand (15,000)
3333 23 pounds or more.
3434
3535
3636
3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3430 Introduced , by Rep. Norma Hernandez SYNOPSIS AS INTRODUCED:
3838 New Act New Act
3939 New Act
4040 Creates the Nonconsensual Towing Act. Creates the Commercial Vehicle Towing Advisory Committee. Sets forth members, terms, compensation, meetings, and record keeping. Provides that the Committee shall: (1) establish rules and standards for the inclusion of a towing and recovery service on the tow list; (2) establish statewide maximum towing and storage rates for nonconsensual tows; (3) require the towing and recovery service to ban the use of per-pound billing for nonconsensual towing; (4) publish a Towing Service Standard Manual; and (5) collect and compile data and information on the number of people who have been towed nonconsensually and the areas where nonconsensual towings have occurred. Requires a towing and recovery service to allow an owner of a commercial motor vehicle or a designee of the owner of the commercial motor vehicle to access the vehicle in a reasonable manner as established by rules adopted by the Committee. Allows a law enforcement officer to use the services of the a tow list. Provides that it is unlawful for: (1) a law enforcement officer to receive compensation or receive any other incentive to select a particular towing and recovery service from the list, hold any financial interest in a towing and recovery service, and recommend any towing and recovery service in the performance of his or her duties; (2) any member or employee of the Committee, Department of Transportation, or Secretary of State to receive compensation from a towing and recovery service for the privilege of being included on the tow list; (3) a towing and recovery service to pay money or other valuable consideration for the privilege of nonconsensual towing commercial motor vehicles; and (4) a towing and recovery service to employ or otherwise compensate individuals whose primary task is to report the presence of unauthorized, improperly, or illegally parked commercial motor vehicles for the purpose of towing or removal and storage. Provides that before a towing and recovery service connects a commercial motor vehicle to a tow truck for a nonconsensual tow, the towing and recovery service shall document the vehicle's condition and the reason for the tow. Prohibits a towing and recovery service from using vehicle immobilization devices except under the direction of law enforcement. Repeals the Act on July 1, 2030. Effective July 1, 2025.
4141 LRB104 10396 LNS 20471 b LRB104 10396 LNS 20471 b
4242 LRB104 10396 LNS 20471 b
4343 A BILL FOR
4444
4545
4646
4747
4848
4949 New Act
5050
5151
5252
5353 LRB104 10396 LNS 20471 b
5454
5555
5656
5757
5858
5959
6060
6161
6262
6363 HB3430 LRB104 10396 LNS 20471 b
6464
6565
6666 HB3430- 2 -LRB104 10396 LNS 20471 b HB3430 - 2 - LRB104 10396 LNS 20471 b
6767 HB3430 - 2 - LRB104 10396 LNS 20471 b
6868 1 "Committee" means the Commercial Vehicle Towing Advisory
6969 2 Committee created by this Act.
7070 3 "Drop fee" means a fee that a towing and recovery service
7171 4 charges to unhook a commercial motor vehicle from a tow truck.
7272 5 "Heavy-duty towing" means the towing of a vehicle,
7373 6 including trailers and semitrailers, with a gross vehicle
7474 7 rating over 26,000 pounds.
7575 8 "Law enforcement officer" means any local law enforcement
7676 9 officer or Illinois State Police trooper.
7777 10 "Medium-duty towing" means the towing of a vehicle,
7878 11 including trailers and semitrailers with a gross vehicle
7979 12 rating of over 15,000 pounds to 26,000 pounds.
8080 13 "Motor vehicle" means a vehicle which self-propels, and is
8181 14 intended primarily for use and operation on public roads and
8282 15 highways.
8383 16 "Nonconsensual towing" means the moving, transporting, or
8484 17 recovery of a commercial vehicle by a towing and recovery
8585 18 service without the prior consent or authorization of the
8686 19 owner or operator of the motor vehicle from private property
8787 20 or by police-initiated towing.
8888 21 "Per pound billing" means a method of calculating a fee
8989 22 for towing using a formula that considers the weight of the
9090 23 commercial motor vehicle, equipment, or cargo that is the
9191 24 subject of the towing and multiplies the weight of the
9292 25 vehicle, equipment, or cargo by a monetary amount.
9393 26 "Police initiated towing" means towing of a commercial
9494
9595
9696
9797
9898
9999 HB3430 - 2 - LRB104 10396 LNS 20471 b
100100
101101
102102 HB3430- 3 -LRB104 10396 LNS 20471 b HB3430 - 3 - LRB104 10396 LNS 20471 b
103103 HB3430 - 3 - LRB104 10396 LNS 20471 b
104104 1 motor vehicle which was authorized, requested, or dispatched
105105 2 by a law enforcement officer.
106106 3 "Tow list" means a list of approved towing companies
107107 4 compiled, maintained and used by a law enforcement officer or
108108 5 his or her designee, and as authorized by the Secretary of
109109 6 State to perform police-initiated towing services of disabled
110110 7 or abandoned commercial motor vehicles.
111111 8 "Towing" means the moving, transporting, or recovery from
112112 9 public or private property, or from a storage facility of a
113113 10 person's commercial motor vehicle, the moving or removing of
114114 11 an unclaimed commercial vehicle, or the immobilization of or
115115 12 preparation for moving or removing of the commercial motor
116116 13 vehicle, for which a fee is charged either directly or
117117 14 indirectly.
118118 15 "Towing and recovery service" means an individual or
119119 16 business entity that provides towing and recovery services at
120120 17 the direction of a law enforcement officer or private property
121121 18 owner in exchange for a fee or charge.
122122 19 "Vehicle immobilization device" means a mechanical device
123123 20 that is designated or adapted to be attached to a wheel, tire,
124124 21 or other part of a parked commercial motor vehicle to prohibit
125125 22 the vehicle's usual manner of movement or operation.
126126 23 Section 10. Commercial Vehicle Towing Advisory Committee.
127127 24 (a) The Secretary of State shall create within the
128128 25 Department of Transportation a Commercial Vehicle Towing
129129
130130
131131
132132
133133
134134 HB3430 - 3 - LRB104 10396 LNS 20471 b
135135
136136
137137 HB3430- 4 -LRB104 10396 LNS 20471 b HB3430 - 4 - LRB104 10396 LNS 20471 b
138138 HB3430 - 4 - LRB104 10396 LNS 20471 b
139139 1 Advisory Committee. The Committee shall consist of the
140140 2 following members:
141141 3 (1) the Secretary of State, or his or her designee;
142142 4 (2) the Director of the Illinois State Police, or his
143143 5 or her designee;
144144 6 (3) two members, the President of the Professional
145145 7 Towing & Recovery Operators of Illinois and his or her
146146 8 appointee, to represent the towing and recovery services
147147 9 within the State;
148148 10 (4) two members, appointed by the President of the
149149 11 Illinois Trucking Association, to represent the commercial
150150 12 motor carriers within the State; and
151151 13 (5) one member, appointed by the Governor, to
152152 14 represent the local police jurisdictions.
153153 15 (b) Members of the Committee shall serve for a term of 2
154154 16 years. Members may serve consecutive terms. Members shall
155155 17 serve without compensation.
156156 18 (c) At the first meeting, the Committee shall elect a
157157 19 chairperson from its membership to serve for a term of 2 years.
158158 20 A chairperson may serve consecutive terms.
159159 21 (d) The Committee shall hold its first meeting no later
160160 22 than September 1, 2025, at a time and location within the State
161161 23 to be determined by the Secretary of State. Thereafter,
162162 24 meetings shall be held on dates and at times and locations
163163 25 within the State and selected by the chairperson in
164164 26 consultation with the other members or by the Secretary of
165165
166166
167167
168168
169169
170170 HB3430 - 4 - LRB104 10396 LNS 20471 b
171171
172172
173173 HB3430- 5 -LRB104 10396 LNS 20471 b HB3430 - 5 - LRB104 10396 LNS 20471 b
174174 HB3430 - 5 - LRB104 10396 LNS 20471 b
175175 1 State, if the most recent chairperson's term has expired.
176176 2 (e) The Committee shall keep and maintain a record of all
177177 3 proceedings of the Committee, and copies of all orders or
178178 4 recommendations issued by the Committee.
179179 5 Section 15. Committee's duties. The Commercial Vehicle
180180 6 Towing Advisory Committee shall:
181181 7 (1) Establish rules and standards for the inclusion of
182182 8 a towing and recovery service on the tow list, including
183183 9 application procedures and minimum qualification
184184 10 requirements.
185185 11 (2) Establish statewide maximum towing and storage
186186 12 rates for nonconsensual tows, including those for private
187187 13 property. The established maximum rates shall include
188188 14 maximum rates for administrative fees, provided as
189189 15 follows:
190190 16 (A) a towing and recovery service may charge less
191191 17 than, but may not charge more than the approved
192192 18 statewide rates;
193193 19 (B) the towing and recovery service shall not
194194 20 charge or retain any fees not indicated by the
195195 21 Committee for the maximum rates for towing and storage
196196 22 of a commercial motor vehicle after the nonconsensual
197197 23 tow from private property; and
198198 24 (C) the statewide maximum towing and storage rates
199199 25 for nonconsensual tows shall be reviewed annually.
200200
201201
202202
203203
204204
205205 HB3430 - 5 - LRB104 10396 LNS 20471 b
206206
207207
208208 HB3430- 6 -LRB104 10396 LNS 20471 b HB3430 - 6 - LRB104 10396 LNS 20471 b
209209 HB3430 - 6 - LRB104 10396 LNS 20471 b
210210 1 Market fluctuations within the towing industry may be
211211 2 considered along with current consensual towing market
212212 3 rates and their relationship to nonconsensual towing
213213 4 rates.
214214 5 (3) Require the towing and recovery service to ban the
215215 6 use of per-pound billing for nonconsensual towing.
216216 7 (4) Publish a Towing Service Standard Manual, with
217217 8 rules governing the use of towing and recovery services
218218 9 for nonconsensual towing of commercial vehicles no later
219219 10 than January 1, 2026. At a minimum, the rules shall
220220 11 include the following provisions to:
221221 12 (A) establish the information required to be
222222 13 included on any invoice associated with the towing of
223223 14 a commercial motor vehicle, including, but not limited
224224 15 to, requiring that the invoice be itemized;
225225 16 (B) establish factors that shall be considered in
226226 17 determining whether a charge levied by a towing and
227227 18 recovery service is fair, equitable, and reasonable;
228228 19 (C) establish a process the Committee shall use to
229229 20 receive, investigate, and adjudicate complaints
230230 21 against a towing and recovery service;
231231 22 (D) establish a service charge dispute resolution
232232 23 process that includes, at a minimum, provisions
233233 24 requiring completion of a written complaint form,
234234 25 deadlines for initiating a complaint after receiving
235235 26 an itemized invoice, deadlines for responding to a
236236
237237
238238
239239
240240
241241 HB3430 - 6 - LRB104 10396 LNS 20471 b
242242
243243
244244 HB3430- 7 -LRB104 10396 LNS 20471 b HB3430 - 7 - LRB104 10396 LNS 20471 b
245245 HB3430 - 7 - LRB104 10396 LNS 20471 b
246246 1 complaint, cessation of storage fees during the
247247 2 complaint resolution process, a hearing on the
248248 3 complaint, and deadlines for issuing a formal decision
249249 4 adjudicating the service charge dispute;
250250 5 (E) establish an appeals process for the appeal of
251251 6 any determination of order of the Committee under this
252252 7 subsection;
253253 8 (F) establish a disciplinary procedure for
254254 9 violations of the rules by the towing and recovery
255255 10 service, including the suspension or removal of a
256256 11 towing and recovery service from the tow list; and
257257 12 (G) establish a process that the Secretary of
258258 13 State may use to suspend or remove a towing and
259259 14 recovery service from any tow list.
260260 15 (5) Collect and compile data and information on the
261261 16 number of people who have been towed nonconsensually and
262262 17 the areas where nonconsensual towings have occurred.
263263 18 Section 20. Access to towed vehicle.
264264 19 (a) Upon nonconsensual towing and recovery of a commercial
265265 20 towing vehicle and movement of the commercial motor vehicle to
266266 21 a storage facility, a towing and recovery service shall allow
267267 22 an owner of a commercial motor vehicle or a designee of the
268268 23 owner of the commercial motor vehicle to access the vehicle in
269269 24 a reasonable manner as established by rules adopted by the
270270 25 Committee. Any vehicle towed nonconsensually in this State
271271
272272
273273
274274
275275
276276 HB3430 - 7 - LRB104 10396 LNS 20471 b
277277
278278
279279 HB3430- 8 -LRB104 10396 LNS 20471 b HB3430 - 8 - LRB104 10396 LNS 20471 b
280280 HB3430 - 8 - LRB104 10396 LNS 20471 b
281281 1 must be stored in the State.
282282 2 (b) The towing and recovery services shall provide a
283283 3 commercial vehicle owner or operator or owner's designee with
284284 4 reasonable access to the vehicle so that the vehicle owner and
285285 5 operator or the owner's designee may access and collect any
286286 6 personal property contained in the vehicle, regardless of
287287 7 whether any payment has been made for the towing and recovery
288288 8 service charges.
289289 9 (c) If there is no dispute as to the charges assessed by
290290 10 the towing and recovery service for the nonconsensual towing
291291 11 of the commercial motor vehicle, the vehicle owner or operator
292292 12 or the owner's designee shall pay the towing service invoice
293293 13 and the towing and recovery service shall release the vehicle
294294 14 immediately.
295295 15 Section 25. Use of tow list. In authorizing a towing and
296296 16 recovery service to perform towing services, any law
297297 17 enforcement officer may use the services of a tow list, as long
298298 18 as:
299299 19 (1) they are under no obligation to include or retain
300300 20 the services of any towing and recovery service in any
301301 21 contract or agreement with respect to any tow list
302302 22 established pursuant to this Act. A towing and recovery
303303 23 service is subject to removal from a towing list at any
304304 24 time; and
305305 25 (2) an owner or operator of a commercial motor vehicle
306306
307307
308308
309309
310310
311311 HB3430 - 8 - LRB104 10396 LNS 20471 b
312312
313313
314314 HB3430- 9 -LRB104 10396 LNS 20471 b HB3430 - 9 - LRB104 10396 LNS 20471 b
315315 HB3430 - 9 - LRB104 10396 LNS 20471 b
316316 1 may request a specific towing and recovery service and
317317 2 that request shall be honored by the law enforcement
318318 3 officer unless the requested towing and recovery service
319319 4 cannot perform the requested towing and recovery service
320320 5 or does not respond in a reasonable time, as determined by
321321 6 the law enforcement officer.
322322 7 Section 30. Prohibitions; nonconsensual tows on private
323323 8 property.
324324 9 (a) It shall be unlawful for:
325325 10 (1) a law enforcement officer to:
326326 11 (A) receive compensation or receive any other
327327 12 incentive, monetary or otherwise, to select a
328328 13 particular towing and recovery service from the list;
329329 14 (B) hold any financial interest in a towing and
330330 15 recovery service; and
331331 16 (C) recommend any towing and recovery service in
332332 17 the performance of his or her duties;
333333 18 (2) any member or employee of the Committee,
334334 19 Department of Transportation, or Secretary of State to
335335 20 receive compensation from a towing and recovery service
336336 21 for the privilege of being included on the tow list;
337337 22 (3) a towing and recovery service to pay money or
338338 23 other valuable consideration for the privilege of
339339 24 nonconsensual towing commercial motor vehicles; and
340340 25 (4) a towing and recovery service to employ or
341341
342342
343343
344344
345345
346346 HB3430 - 9 - LRB104 10396 LNS 20471 b
347347
348348
349349 HB3430- 10 -LRB104 10396 LNS 20471 b HB3430 - 10 - LRB104 10396 LNS 20471 b
350350 HB3430 - 10 - LRB104 10396 LNS 20471 b
351351 1 otherwise compensate individuals, commonly referred to as
352352 2 "spotters," whose primary task is to report the presence
353353 3 of unauthorized, improperly, or illegally parked
354354 4 commercial motor vehicles for the purpose of towing or
355355 5 removal and storage.
356356 6 (b) Nonconsensual tows for unauthorized, illegally parked
357357 7 commercial motor vehicles on private property must be
358358 8 performed by State-based towers. Towed vehicles must be stored
359359 9 within the State.
360360 10 Section 35. Documentation; authorization.
361361 11 (a) Before a towing and recovery service connects a
362362 12 commercial motor vehicle to a tow truck for a nonconsensual
363363 13 tow, the towing and recovery service shall document the
364364 14 vehicle's condition and the reason for the tow by:
365365 15 (1) taking at least 4 photographs of the vehicle, with
366366 16 at least one photograph taken from the front, one
367367 17 photograph taken from the rear, one photograph taken from
368368 18 the driver's side and one taken from the passenger's side.
369369 19 These photographs must:
370370 20 (A) show the entire vehicle from the required
371371 21 angle; and
372372 22 (B) have the vehicle fill at least three-fourths
373373 23 of the photograph, measured from side to side; and
374374 24 (2) taking a photograph that shows the reason the
375375 25 vehicle is being towed nonconsensually. The photograph
376376
377377
378378
379379
380380
381381 HB3430 - 10 - LRB104 10396 LNS 20471 b
382382
383383
384384 HB3430- 11 -LRB104 10396 LNS 20471 b HB3430 - 11 - LRB104 10396 LNS 20471 b
385385 HB3430 - 11 - LRB104 10396 LNS 20471 b
386386 1 must show the portion of the vehicle in relation to the
387387 2 reason, including any sign that the vehicle was towed.
388388 3 (b) Upon demand of the owner or operator of the commercial
389389 4 motor vehicle or the owner's designee, the Secretary of State
390390 5 or the Committee, the towing and recovery service shall
391391 6 provide copies of the photographs.
392392 7 (c) A towing and recovery service's failure to produce the
393393 8 photographs shall create a rebuttable presumption that the
394394 9 towing and recovery service did not have the authority to tow a
395395 10 vehicle from either a private property owner or operator or a
396396 11 law enforcement officer.
397397 12 (d) Before a towing and recovery service connects a
398398 13 commercial motor vehicle to a tow truck for a nonconsensual
399399 14 tow, the towing and recovery service shall have authorization
400400 15 to nonconsensually tow a commercial motor vehicle.
401401 16 Authorization shall be found if:
402402 17 (1) a law enforcement officer requests a
403403 18 police-initiated tow and requests that a towing and
404404 19 recovery service from the tow list provide towing;
405405 20 (2) the towing and recovery service has received
406406 21 permission to tow the commercial motor vehicle from the
407407 22 owner of the private property;
408408 23 (3) a towing service shall not tow a commercial motor
409409 24 vehicle from private property without the owner or
410410 25 operator of the private property giving the tower service
411411 26 written permission; or
412412
413413
414414
415415
416416
417417 HB3430 - 11 - LRB104 10396 LNS 20471 b
418418
419419
420420 HB3430- 12 -LRB104 10396 LNS 20471 b HB3430 - 12 - LRB104 10396 LNS 20471 b
421421 HB3430 - 12 - LRB104 10396 LNS 20471 b
422422 1 (4) in order for the towing and recovery service to
423423 2 conduct a nonconsensual tow, the private property owner
424424 3 must have posted signage visible and facing the driver at
425425 4 each entryway into the property stating that vehicles
426426 5 parked on the property without authorization or
427427 6 inappropriately or illegally parked are subject to being
428428 7 towed. The sign must also contain the international towing
429429 8 symbol no smaller than 4 inches by 4 inches and be
430430 9 permanently mounted in a position that is no lower than 5
431431 10 feet and no higher than 8 feet.
432432 11 (e) The towing and recovery service shall not assess a
433433 12 drop fee to release the commercial motor vehicle after the
434434 13 vehicle is hooked up to the tow truck but before the vehicle is
435435 14 removed from the private property.
436436 15 Section 40. Vehicle immobilization devices prohibited. A
437437 16 towing and recovery service shall not use vehicle
438438 17 immobilization devices except under the direction of law
439439 18 enforcement.
440440 19 Section 90. Repeal. This Act is repealed on July 1, 2030.
441441
442442
443443
444444
445445
446446 HB3430 - 12 - LRB104 10396 LNS 20471 b