Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2040

Introduced
2/6/25  
Refer
2/6/25  
Refer
2/25/25  
Report Pass
3/5/25  
Engrossed
4/3/25  
Refer
4/7/25  
Refer
4/17/25  
Report Pass
4/23/25  
Enrolled
5/22/25  
Chaptered
8/1/25  

Caption

VEHICLE CD-SAFETY TOWING

Summary

SB2040 makes a series of changes to the Illinois Vehicle Code governing commercial vehicle safety relocators, commonly understood as tow truck operators that remove damaged or disabled vehicles. The bill adds new registration, disclosure, storage, lien, enforcement, and impoundment provisions, and it expands the Illinois Commerce Commission’s role in regulating tow truck businesses. It requires more detailed application disclosures, including business and storage locations, beneficial ownership information, and whether the applicant or related persons owe unpaid Commission fines or penalties. It also authorizes the Commission to deny, suspend, or revoke registrations for false statements, undisclosed control relationships, unpaid penalties, or other violations, and it creates a new process for reporting unpaid fines to the Secretary of State for registration suspension. The bill also strengthens consumer protections for vehicle owners and operators whose damaged or disabled vehicles are towed. Before towing begins, a relocator must provide written disclosures identifying the business, destination, charges, and customer rights, and must keep records for five years. If the relocator fails to comply, it may be barred from collecting towing or storage charges and related contracts may be void. The bill further limits liens on personal property found in towed vehicles by exempting items such as child restraint systems, eyeglasses, food, medicine, medical devices, identification documents, and higher-education materials, while preserving a lien on cargo. It also requires vehicles to be taken to registered storage and redemption lots unless another location is requested in writing, and it creates procedures for release, hearing requests, and unclaimed-vehicle disposition. SB2040 also adds enforcement tools aimed at tow truck operators who do not comply with state rules. The Commission may inspect business practices, impose civil penalties, and, beginning July 1, 2026, direct the Secretary of State to suspend all tow truck registrations of persons who fail to satisfy Commission fines or penalties. The bill authorizes vehicle impoundment of tow trucks used without a valid safety relocator registration or when the owner owes past-due Commission obligations, and it sets notice and hearing requirements for impoundment. It also requires every safety relocator to maintain a registered agent with a physical Illinois address and allows the Commission to adopt implementing rules. The overall sentiment around the bill appears strongly supportive and noncontroversial. It passed the Senate 54-0 and the House 115-0, indicating broad bipartisan agreement. No committee transcript was provided, but the unanimous votes suggest the measure was viewed as a consumer-protection and regulatory-enforcement bill rather than a partisan issue. The main points of contention that could arise from the bill are the increased regulatory burden on tow truck operators and the expanded enforcement authority given to the Illinois Commerce Commission and Secretary of State. Tow operators may view the disclosure, recordkeeping, registration, and impoundment provisions as stricter oversight, while consumer advocates are likely to support the added transparency and limits on liens and fees. The bill also expressly limits home rule authority over liens on personal property in crash-related tows, which may be notable to local governments even though no opposition is reflected in the vote record.

Impact

SB2040 amends multiple provisions of the Illinois Vehicle Code, primarily in Chapter 18d governing commercial vehicle safety relocators, and adds several new sections. It changes registration standards, disclosure requirements, lien rules, enforcement powers, and impoundment procedures for tow trucks and related businesses. It also creates a home-rule preemption for regulation of liens on personal property and exceptions to those liens in crash-related tows, meaning local governments may not regulate that area independently.

Sentiment

The bill’s sentiment appears overwhelmingly positive and consensus-driven. It passed both chambers unanimously, with 54-0 in the Senate and 115-0 in the House. That voting record suggests broad support for tighter regulation of tow truck practices, stronger consumer protections, and clearer enforcement mechanisms for unpaid fines and licensing violations.

Contention

The most notable tension in the bill is between consumer protection and industry regulation. Tow truck operators may object to the expanded disclosure duties, the ability to suspend or revoke registrations for unpaid penalties or false statements, the new impoundment authority, and the requirement to maintain a registered agent and documented business/storage locations. Local control is another possible issue because the bill preempts home rule authority over personal-property lien rules in crash-related towing. No recorded committee debate is available, and the unanimous votes indicate that any concerns did not prevent broad legislative approval.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.