Bill Text: IL HB1631 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that abandoned, lost, stolen, or unclaimed vehicles may be sold if they remain unclaimed by the registered owner, lienholder, or other legally entitled person for a period of 90 days after notice has been given (instead of 18 days in cities of more than 500,000, 30 days in cities of less than 500,000 for cars less than 7 years old, and 10 days for cars in cities of less than 500,000 for cars more than 7 years old). Removes language restricting the sale of an abandoned, lost, stolen, or unclaimed vehicle to persons licensed as automotive parts recyclers, rebuilders, or scrap processors. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB1631 Detail]

Download: Illinois-2011-HB1631-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB1631 Introduced 2/15/2011, by Rep. Jim Sacia SYNOPSIS AS INTRODUCED:
625 ILCS 5/4-208 from Ch. 95 1/2, par. 4-208
625 ILCS 5/4-209 from Ch. 95 1/2, par. 4-209
Amends the Illinois Vehicle Code. Provides that abandoned, lost, stolen, or unclaimed vehicles may be sold if they remain unclaimed by the registered owner, lienholder, or other legally entitled person for a period of 90 days after notice has been given (instead of 18 days in cities of more than 500,000, 30 days in cities of less than 500,000 for cars less than 7 years old, and 10 days for cars in cities of less than 500,000 for cars more than 7 years old). Removes language restricting the sale of an abandoned, lost, stolen, or unclaimed vehicle to persons licensed as automotive parts recyclers, rebuilders, or scrap processors. Effective immediately.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Sections 4-208, 4-209, and 4-215 as follows:
(625 ILCS 5/4-208) (from Ch. 95 1/2, par. 4-208)
Sec. 4-208. Disposal of unclaimed vehicles.
(a) In cities having a population of more than 500,000,
whenever an abandoned, lost, stolen or unclaimed vehicle, or
vehicle determined to be a hazardous dilapidated motor vehicle
pursuant to Section 11-40-3.1 of the Illinois Municipal Code,
remains unclaimed by the registered owner, lienholder or other
legally entitled person for a period of 90 18 days after notice
has been given under Sections 4-205 and 4-206 of this Code, if
during that 90 18 days the possessor of the vehicle has sent an
additional notice by first class mail to the registered owner,
lienholder, or other legally entitled person, the vehicle shall
be disposed, pursuant to the provisions of the "Municipal
purchasing act for cities of 500,000 or more population", to a
person licensed as an automotive parts recycler, rebuilder or
scrap processor under Chapter 5 of this Code. With respect to
any vehicle that has been booted, impounded, or both in
accordance with subsection (c) of Section 11-208.3, a city with

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a population over 500,000 may establish a program whereby the
registered owner, lienholder, or other legally entitled person
is entitled to any proceeds from the disposition of the
vehicle, less any reasonable storage charges, administrative
fees, booting fees, towing fees, and parking and compliance
fines and penalties.
(b) Except as provided in Section 4-208 for cities with
more than 500,000 inhabitants, when an abandoned, lost, stolen
or unclaimed vehicle 7 years of age or newer remains unclaimed
by the registered owner, lienholder or other legally entitled
persons for a period of 90 30 days after notice has been given
as provided in Sections 4-205 and 4-206 of this Code, the law
enforcement agency or towing service having possession of the
vehicle shall cause it to be sold at public auction to a person
licensed as an automotive parts recycler, rebuilder or scrap
processor under Chapter 5 of this Code or the towing operator
which towed the vehicle. Notice of the time and place of the
sale shall be posted in a conspicuous place for at least 10
days prior to the sale on the premises where the vehicle has
been impounded. At least 10 days prior to the sale, the law
enforcement agency where the vehicle is impounded, or the
towing service where the vehicle is impounded, shall cause a
notice of the time and place of the sale to be sent by
certified mail to the registered owner, lienholder, or other
legally entitled persons. Notice as provided in Sections 4-205
and 4-206 of this Code and as provided in this subsection (b)

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shall state the time and place of sale and shall contain a
complete description of the vehicle to be sold and what steps
must be taken by any legally entitled person to reclaim the
vehicle.
(c) If an abandoned, lost, stolen, or unclaimed vehicle
displays dealer plates, notice under this Section and Section
4-209 of this Code shall be sent to both the dealer and the
registered owner, lienholder, or other legally entitled
persons.
(d) In those instances where the certified notification
specified in Sections 4-205 and 4-206 of this Code has been
returned by the postal authorities to the law enforcement
agency or towing service, the sending of a second certified
notice will not be required.
(Source: P.A. 94-650, eff. 1-1-06.)
(625 ILCS 5/4-209) (from Ch. 95 1/2, par. 4-209)
Sec. 4-209. Disposal of unclaimed vehicles more than 7
years of age; disposal of abandoned or unclaimed vehicles
without notice.
(a) When the identity of the registered owner, lienholder,
or other legally entitled persons of an abandoned, lost, or
unclaimed vehicle of 7 years of age or newer cannot be
determined by any means provided for in this Chapter, the
vehicle may be sold as provided in Section 4-208 without notice
to any person whose identity cannot be determined.

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(b) When an abandoned vehicle of more than 7 years of age
is impounded as specified by this Chapter, or when any such
vehicle is towed at the request or with the consent of the
owner or operator and is subsequently abandoned, it will be
kept in custody or storage for a minimum of 90 10 days for the
purpose of determining the identity of the registered owner,
lienholder, or other legally entitled persons and contacting
the registered owner, lienholder, or other legally entitled
persons by the U. S. Mail, public service or in person for a
determination of disposition; and, an examination of the State
Police stolen vehicle files for theft and wanted information.
At the expiration of the 90 10 day period, without the benefit
of disposition information being received from the registered
owner, lienholder, or other legally entitled persons, the
vehicle may be disposed of in either of the following ways:
(1) The law enforcement agency having jurisdiction
will authorize the disposal of the vehicle as junk or
salvage.
(2) The towing service or law enforcement agency may
sell the vehicle in the manner provided in Section 4-208 of
this Code, provided that this paragraph (2) shall not apply
to vehicles towed by order or authorization of a law
enforcement agency.
(c) A vehicle classified as an antique vehicle, custom
vehicle, or street rod may however be sold to a person desiring
to restore it.

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(Source: P.A. 92-668, eff. 1-1-03.)
Section 99. Effective date. This Act takes effect upon
becoming law.