Illinois Governor Creates Commission On Administrative Towing

August 30, 2016

The law surrounding Administrative Towing has recently become a topic of much deliberation. In June, we reported on a proposed bill in the Illinois Legislature that could have a sizable effect on Administrative Towing. On August 19, 2016, the Governor approved the legislation, creating Illinois Public Act 99-0848.

This new law creates the Statewide Relocation Towing Licensure Commission. The Commission will be composed of 16 members which shall include four members of the General Assembly, the Mayor of Chicago, and the Director of State Police. By July 1, 2017, the Commission will submit a report to the Governor and General Assembly, which shall include:

• an evaluation of the current towing laws in this State;
• a recommendation for an appropriate towing program for this State;
• a review of all potential litigation costs for an owner of an impounded vehicle, a towing company, and a county or municipality;
• any other matters the Commission deems necessary.

However, one of the Act’s biggest changes concerns 625 ILCS 5/11-208.7. Under section 11-208.7, Municipalities may be found liable for the cost of the vehicle’s storage and attorney fees. Specifically, the Statute states: “if the administrative hearing officer finds that a county or municipality that impounds a vehicle exceeded its authority under this code, the county or municipality shall be liable to the registered owner or lessee of the vehicle for the cost of storage fees and reasonable attorney’s fees.”

While this act has an immediate effect on municipalities, the Commission’s report due next July could bring about drastic changes to Administrative Towing.