Towing abuse bill under review by Rauner

June 09--An accident occurs on the Dan Ryan and a tow truck swoops in to take the car away from the distressed motorist before law enforcement arrives.

Such scenarios could be less likely to occur under a state bill that has passed both the House and the Senate that would, among other things, make it a felony punishable by prison time for a tow truck driver to stop at the scene of a damaged or broken-down car to solicit business unless called by the vehicle's owner, the police or an insurer or motor club.

Illinois Gov. Bruce Rauner is reviewing the bill, spokeswoman Catherine Kelly said.

The legislation was introduced in January. In February and March, the Illinois Commerce Commission took action against two Chicago towing companies, threatening to strip their licenses after a flood of complaints from consumers, pressure from aldermen and a petition signed by more than 3,000 people. Illinois Commerce Commission spokesman Bob Gough said hearings into those matters are set for later this month.

Backers of the Statewide Relocation Towing Licensure Commission Act, or Senate Bill 2261, include the Illinois Insurance Association. Sen. Jacqueline Collins, D-Chicago, is among its sponsors in the General Assembly.

The legislation also would allow vehicle owners or their insurers to sue a towing company that violates the bill's accident scene solicitation section and let them recover lawyers' fees.

"This is a major step forward as we attempt to put limitations on the rogue tow operators that have plagued many areas of the state," Joe Wehrle, chief executive of Des Plaines-based nonprofit National Insurance Crime Bureau, said in a statement. "Motorists should not be subject to predatory towing practices that result in outrageous charges and tactics, such as holding cars hostage in salvage yards until the owner or their insurance company pay what amounts to a ransom to get the vehicle returned."

If Rauner signs it, the legislation also would create a Statewide Relocation Towing Licensure Commission that, by July 1, 2017, would submit a report evaluating current state towing laws, recommending possible changes, and assessing all potential litigation costs for the owner of an impounded vehicle, a towing company and a county or municipality.

A tow truck driver found guilty of a Class 4 felony could go to prison for one to three years.

The commission would be named within 60 days of the act's effective date. The Senate president, the Senate minority leader, the House speaker and the House minority leader each could appoint one General Assembly member to the task force. The commission, whose members wouldn't be paid, also would include the mayor of Chicago, the transportation secretary and the state police director or a designee of each. It also would consist of two appointees each of the Professional Towing & Recovery Operators of Illinois, and the Illinois Insurance Association. Also getting spots would be the presidents of the Illinois Municipal League and the Illinois Sheriffs' Association or their designees. Other task force members would be the Cook County state's attorney, Illinois Commerce Commission chairman and the Northwest Municipal Conference president or their representatives. The Illinois Commerce Commission would provide administrative support.

The Professional Towing & Recovery Operators of Illinois couldn't be reached for immediate comment.

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