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Senate Bill 2040 passed both chambers of the Illinois General
Assembly unanimously and was signed into law by Gov. J.B.
Pritzker on Aug. 1.
State Sen. Sally Turner, R-Beason, voted “yes” and said she sees
it as a consumer protection measure.
“It sounds like there were bad actors holding personal property
for ransom, and that’s what prompted the bill,” Turner said.
“Maybe someone’s medication or their child’s car seat is in the
car, and they can’t get it back until they pay, and suddenly
that payment is $500 they weren’t expecting. They may not have
the money, but they still need that car seat right away.”
State Sen. Celina Villanueva, D-Chicago, sponsored the bill in
response to frequent complaints in her urban district. In 2023,
over 500 predatory tows were reported statewide, most in the
Chicago area, according to the ICC.
“I frequently hear from my constituents and neighbors about bad
experiences with rogue tow operators who ignore state rules
meant to protect drivers,” Villanueva said at a news conference
during spring legislative session. “Many of you have likely
heard about motorists scammed by predatory towers, whose cars
were taken miles away or whose belongings were held for weeks.”
When asked about potential burdens on small businesses, Turner
noted that towing associations backed the legislation.
The new law bars tow companies from monitoring police scanners
and responding to accident scenes unless they are officially
called.
“The way I see it, this law provides stronger protections for
consumers when their vehicles are towed,” said Turner.
SB 2040 allows the ICC to be able to impound tow trucks that
violate the Illinois Commercial Safety Towing Law, an upgrade
from its prior authority, which was limited to issuing fines.
“While federal law prevents Illinois from regulating the price
or route of towing companies, we are allowed to regulate for
safety, and that’s exactly what we’re doing here,” said
Villanueva. “The changes we are proposing will stop violators
from gaming the system and strengthen our state’s enforcement
abilities.”
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