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HB 3430

NONCONSENUAL TOWING ACT

104th Regular Session Introduced by Norma Hernandez

Establishes a statewide framework for nonconsensual towing of commercial vehicles in Illinois, with fee caps, owner access rules, and a data-driven advisory panel; sunset 2030.

Rule 19(a) / Re-referred to Rules Committee
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Bill Summary · HB 3430

Summary: HB 3430 — Nonconsensual Towing Act

HB 3430 establishes a new regulatory framework for nonconsensual towing of commercial motor vehicles, creating a state advisory committee, setting standards, and outlining prohibitions and data collection. The act would take effect July 1, 2025 and would repeal on July 1, 2030.

Purpose and intent

  • Create a comprehensive, Illinois-wide framework to govern nonconsensual towing of commercial vehicles from private property or police-initiated towing.
  • Establish rules to prevent improper towing practices, reduce potential conflicts of interest, and standardize fees and procedures across the state.
  • Improve transparency and data collection on nonconsensual towings to inform policy decisions.

Key provisions and changes

  • Commercial Vehicle Towing Advisory Committee

    • Created within the Illinois Secretary of State/Department framework.
    • Members: Secretary of State (or designee); Director of the Illinois State Police (or designee); two towing and recovery services representatives; two commercial carrier representatives (Illinois Trucking Association); one local police representative (appointed by the Governor).
    • Terms: 2-year terms; consecutive terms allowed; no compensation.
    • Duties: establish rules for tow list inclusion, set statewide maximum towing and storage rates for nonconsensual tows, ban per-pound billing, publish a Towing Service Standard Manual, and collect data on nonconsensual towings.

  • Tow List and Access

    • Law enforcement may use a tow list to recruit towing services for police-initiated tows.
    • Towing services must allow access to the vehicle for owners or designees in a reasonable manner as established by Committee rules.
    • Prohibits law enforcement officers from accepting compensation, financial interests, or incentives to prefer specific towing services; similarly bans compensation to Committee members, DOT, or Secretary of State staff for tow-list inclusion.
    • Prohibits towing services from paying for the privilege of nonconsensual towing; prohibits employing individuals whose primary task is identifying unauthorized or illegally parked vehicles for towing.

  • Fees, Billing, and Standards

    • The Committee must establish statewide maximum rates for towing and storage for nonconsensual tows.
    • Towing services must ban per-pound billing for nonconsensual towing.
    • Before connecting a vehicle to a tow truck for a nonconsensual tow, the service must document the vehicle’s condition and the reason for the tow.
    • Vehicle immobilization devices may not be used unless directed by law enforcement.

  • Data and Transparency

    • The Committee will collect and compile data on the number of nonconsensual towings and geographic areas where such towings occur.
    • A Towing Service Standard Manual will be published to codify practices.

  • Definitions (selected)

    • Nonconsensual towing: towing without owner consent or authorization, from private property or police-initiated.
    • Commercial vehicle: vehicle with gross vehicle weight rating of 15,000 pounds or more.
    • Vehicle immobilization device: devices used to immobilize a parked vehicle.

  • Sunset and Effective Date

    • Effective: July 1, 2025.
    • Repeals the act on July 1, 2030.

Who would be affected

  • Towing and recovery companies operating in Illinois (tow list participation, rate setting, and compliance with standards).
  • Commercial motor vehicle owners and designees (greater access to vehicles, standardized fees, and clearer rationale for tows).
  • Law enforcement agencies (use of tow list and compliance with prohibitions on incentives or conflicts of interest).
  • Local governments and police jurisdictions overseeing towing operations.

Timeline and legislative actions (highlights)

  • Introduced: February 18, 2025; sponsored by Rep. Norma Hernandez.
  • First readings and committee referrals: February 2025; Rule Committee placements and reassignment through March 2025.
  • Status: Rule 19(a) / Re-referred to Rules Committee as of March 21, 2025.
  • Related bills: HB 1715 and HB 3480 (companions).

Bottom line

HB 3430 seeks to standardize nonconsensual towing practices in Illinois, curtail improper financial incentives, cap and standardize fees, require documentation and access for vehicle owners, and establish a data-driven framework through a new Commercial Vehicle Towing Advisory Committee. The act includes a sunset provision for 2030 and a defined implementation path beginning in 2025.

Compiled from official sources — confirm details with the bill’s official record.

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