Bill Text: IL HB1693 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Illinois Vehicle Code and the Sale of Unclaimed Property Act. Changes the maximum amount of a lien for towing and storage of a vehicle under certain provisions of the Illinois Vehicle code to the actual towing and storage charges (instead of $2,000). Provides that a sale under the Sale of Unclaimed Property Act may be accomplished to enforce a lien for towing and storage of vehicles performed by any relocator or other towing service pursuant to the order of a law enforcement official or agency in accordance with provisions of the Illinois Vehicle Code, whether or not such towing and storage is performed without the vehicle owner's consent.
Spectrum: Bipartisan Bill
Status: (Failed) 2013-01-08 - Session Sine Die [HB1693 Detail]
Download: Illinois-2011-HB1693-Amended.html
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1 | AMENDMENT TO HOUSE BILL 1693
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2 | AMENDMENT NO. ______. Amend House Bill 1693, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
6 | changing Sections 4-203, 4-205, and 11-208.7 as follows:
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7 | (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
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8 | Sec. 4-203. Removal of motor vehicles or other vehicles; | ||||||
9 | Towing or
hauling away.
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10 | (a) When a vehicle is abandoned, or left unattended, on a | ||||||
11 | toll
highway, interstate highway, or expressway for 2 hours or | ||||||
12 | more, its
removal by a towing service may be authorized by a | ||||||
13 | law enforcement
agency having jurisdiction.
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14 | (b) When a vehicle is abandoned on a highway in an urban | ||||||
15 | district 10
hours or more, its removal by a towing service may | ||||||
16 | be authorized by a
law enforcement agency having jurisdiction.
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1 | (c) When a vehicle is abandoned or left unattended on a | ||||||
2 | highway
other than a toll highway, interstate highway, or | ||||||
3 | expressway, outside of
an urban district for 24 hours or more, | ||||||
4 | its removal by a towing service
may be authorized by a law | ||||||
5 | enforcement agency having jurisdiction.
| ||||||
6 | (d) When an abandoned, unattended, wrecked, burned or | ||||||
7 | partially
dismantled vehicle is creating a traffic hazard | ||||||
8 | because of its position
in relation to the highway or its | ||||||
9 | physical appearance is causing the
impeding of traffic, its | ||||||
10 | immediate removal from the highway or private
property adjacent | ||||||
11 | to the highway by a towing service may be authorized
by a law | ||||||
12 | enforcement agency having jurisdiction.
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13 | (e) Whenever a
peace officer reasonably believes that a | ||||||
14 | person under
arrest for a violation of Section 11-501 of this | ||||||
15 | Code or a similar
provision of a local ordinance is likely, | ||||||
16 | upon release, to commit a
subsequent violation of Section | ||||||
17 | 11-501, or a similar provision of a local
ordinance, the | ||||||
18 | arresting officer shall have the vehicle which the person
was | ||||||
19 | operating at the time of the arrest impounded for a period of | ||||||
20 | not more
than 12 hours after the time of arrest. However, such | ||||||
21 | vehicle may be
released by the arresting law enforcement agency | ||||||
22 | prior to the end of the
impoundment period if:
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23 | (1) the vehicle was not owned by the person under | ||||||
24 | arrest, and the lawful
owner requesting such release | ||||||
25 | possesses a valid operator's license, proof
of ownership, | ||||||
26 | and would not, as determined by the arresting law |
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1 | enforcement
agency, indicate a lack of ability to operate a | ||||||
2 | motor vehicle in a safe
manner, or who would otherwise, by | ||||||
3 | operating such motor vehicle, be in
violation of this Code; | ||||||
4 | or
| ||||||
5 | (2) the vehicle is owned by the person under arrest, | ||||||
6 | and the person
under arrest gives permission to another | ||||||
7 | person to operate such vehicle,
provided however, that the | ||||||
8 | other person possesses a valid operator's license
and would | ||||||
9 | not, as determined by the arresting law enforcement
agency, | ||||||
10 | indicate a lack of ability to operate a motor vehicle in a | ||||||
11 | safe
manner or who would otherwise, by operating such motor | ||||||
12 | vehicle, be in
violation of this Code.
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13 | (e-5) Whenever a registered owner of a vehicle is taken | ||||||
14 | into custody for
operating the vehicle in violation of Section | ||||||
15 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
16 | or Section 6-303 of this Code, a
law enforcement officer
may | ||||||
17 | have the vehicle immediately impounded for a period not less | ||||||
18 | than:
| ||||||
19 | (1) 24 hours for a second violation of Section 11-501 | ||||||
20 | of this Code or a
similar provision of a local ordinance or | ||||||
21 | Section 6-303
of
this Code or a combination of these | ||||||
22 | offenses; or
| ||||||
23 | (2) 48 hours for a third violation of Section 11-501 of | ||||||
24 | this Code or a
similar provision of a local ordinance or | ||||||
25 | Section 6-303 of this
Code or a combination of these | ||||||
26 | offenses.
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1 | The vehicle may be released sooner if the vehicle is owned | ||||||
2 | by the person
under arrest and the person under arrest gives | ||||||
3 | permission to another person to
operate the vehicle and that | ||||||
4 | other person possesses a valid operator's license
and would | ||||||
5 | not, as determined by the arresting law enforcement agency, | ||||||
6 | indicate
a lack of ability to operate a motor vehicle in a safe | ||||||
7 | manner or would
otherwise, by operating the motor vehicle, be | ||||||
8 | in violation of this Code.
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9 | (f) Except as provided in Chapter 18a of this Code, the | ||||||
10 | owner or
lessor of privately owned real property within this | ||||||
11 | State, or any person
authorized by such owner or lessor, or any | ||||||
12 | law enforcement agency in the
case of publicly owned real | ||||||
13 | property may cause any motor vehicle abandoned
or left | ||||||
14 | unattended upon such property without permission to be removed | ||||||
15 | by a
towing service without liability for the costs of removal, | ||||||
16 | transportation
or storage or damage caused by such removal, | ||||||
17 | transportation or storage.
The towing or removal of any vehicle | ||||||
18 | from private property without the
consent of the registered | ||||||
19 | owner or other legally authorized person in
control of the | ||||||
20 | vehicle is subject to compliance with the following
conditions | ||||||
21 | and restrictions:
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22 | 1. Any towed or removed vehicle must be stored at the | ||||||
23 | site of the towing
service's place of business. The site | ||||||
24 | must be open during business hours,
and for the purpose of | ||||||
25 | redemption of vehicles, during the time that the
person or | ||||||
26 | firm towing such vehicle is open for towing purposes.
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1 | 2. The towing service shall within 30 minutes of | ||||||
2 | completion of such
towing or removal, notify the law | ||||||
3 | enforcement agency having jurisdiction of
such towing or | ||||||
4 | removal, and the make, model, color and license plate | ||||||
5 | number
of the vehicle, and shall obtain and record the name | ||||||
6 | of the person at the law
enforcement agency to whom such | ||||||
7 | information was reported.
| ||||||
8 | 3. If the registered owner or legally authorized person | ||||||
9 | entitled to
possession of the vehicle shall arrive at the | ||||||
10 | scene prior to actual removal
or towing of the vehicle, the | ||||||
11 | vehicle shall be disconnected from the tow
truck and that | ||||||
12 | person shall be allowed to remove the vehicle without
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13 | interference, upon the payment of a reasonable service fee | ||||||
14 | of not more than
one half the posted rate of the towing | ||||||
15 | service as provided in paragraph
6 of this subsection, for | ||||||
16 | which a receipt shall be given.
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17 | 4. The rebate or payment of money or any other valuable | ||||||
18 | consideration
from the towing service or its owners, | ||||||
19 | managers or employees to the owners
or operators of the | ||||||
20 | premises from which the vehicles are towed or removed,
for | ||||||
21 | the privilege of removing or towing those vehicles, is | ||||||
22 | prohibited. Any
individual who violates this paragraph | ||||||
23 | shall be guilty of a Class A
misdemeanor.
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24 | 5. Except for property appurtenant to and obviously a | ||||||
25 | part of a single
family residence, and except for instances | ||||||
26 | where notice is personally given
to the owner or other |
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1 | legally authorized person in control of the vehicle
that | ||||||
2 | the area in which that vehicle is parked is reserved or | ||||||
3 | otherwise
unavailable to unauthorized vehicles and they | ||||||
4 | are subject to being removed
at the owner or operator's | ||||||
5 | expense, any property owner or lessor, prior to
towing or | ||||||
6 | removing any vehicle from private property without the | ||||||
7 | consent of
the owner or other legally authorized person in | ||||||
8 | control of that vehicle,
must post a notice meeting the | ||||||
9 | following requirements:
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10 | a. Except as otherwise provided in subparagraph | ||||||
11 | a.1 of this subdivision (f)5, the notice must be | ||||||
12 | prominently placed at each driveway access or curb
cut | ||||||
13 | allowing vehicular access to the property within 5 feet | ||||||
14 | from the public
right-of-way line. If there are no | ||||||
15 | curbs or access barriers, the sign must
be posted not | ||||||
16 | less than one sign each 100 feet of lot frontage.
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17 | a.1. In a municipality with a population of less | ||||||
18 | than 250,000, as an alternative to the requirement of | ||||||
19 | subparagraph a of this subdivision (f)5, the notice for | ||||||
20 | a parking lot contained within property used solely for | ||||||
21 | a 2-family, 3-family, or 4-family residence may be | ||||||
22 | prominently placed at the perimeter of the parking lot, | ||||||
23 | in a position where the notice is visible to the | ||||||
24 | occupants of vehicles entering the lot.
| ||||||
25 | b. The notice must indicate clearly, in not less | ||||||
26 | than 2 inch high
light-reflective letters on a |
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1 | contrasting background, that unauthorized
vehicles | ||||||
2 | will be towed away at the owner's expense.
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3 | c. The notice must also provide the name and | ||||||
4 | current telephone
number of the towing service towing | ||||||
5 | or removing the vehicle.
| ||||||
6 | d. The sign structure containing the required | ||||||
7 | notices must be
permanently installed with the bottom | ||||||
8 | of the sign not less than 4 feet
above ground level, | ||||||
9 | and must be continuously maintained on the property for
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10 | not less than 24 hours prior to the towing or removing | ||||||
11 | of any vehicle.
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12 | 6. Any towing service that tows or removes vehicles and | ||||||
13 | proposes to
require the owner, operator, or person in | ||||||
14 | control of the vehicle to pay the
costs of towing and | ||||||
15 | storage prior to redemption of the vehicle must file
and | ||||||
16 | keep on record with the local law enforcement agency a | ||||||
17 | complete copy of
the current rates to be charged for such | ||||||
18 | services, and post at the storage
site an identical rate | ||||||
19 | schedule and any written contracts with property
owners, | ||||||
20 | lessors, or persons in control of property which authorize | ||||||
21 | them to
remove vehicles as provided in this Section.
The | ||||||
22 | towing and storage charges, however, shall not exceed the | ||||||
23 | maximum allowed by the Illinois Commerce Commission under | ||||||
24 | Section 18a-200.
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25 | 7. No person shall engage in the removal of vehicles | ||||||
26 | from private
property as described in this Section without |
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1 | filing a notice of intent
in each community where he | ||||||
2 | intends to do such removal, and such
notice shall be filed | ||||||
3 | at least 7 days before commencing such towing.
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4 | 8. No removal of a vehicle from private property shall | ||||||
5 | be done except
upon express written instructions of the | ||||||
6 | owners or persons in charge of the
private property upon | ||||||
7 | which the vehicle is said to be trespassing.
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8 | 9. Vehicle entry for the purpose of removal shall be | ||||||
9 | allowed with
reasonable care on the part of the person or | ||||||
10 | firm towing the vehicle. Such
person or firm shall be | ||||||
11 | liable for any damages occasioned to the vehicle if
such | ||||||
12 | entry is not in accordance with the standards of reasonable | ||||||
13 | care.
| ||||||
14 | 10. When a vehicle has been towed or removed pursuant | ||||||
15 | to this Section,
it must be released to its owner or | ||||||
16 | custodian within one half hour after
requested, if such | ||||||
17 | request is made during business hours. Any vehicle owner
or | ||||||
18 | custodian or agent shall have the right to inspect the | ||||||
19 | vehicle before
accepting its return, and no release or | ||||||
20 | waiver of any kind which would
release the towing service | ||||||
21 | from liability for damages incurred during the
towing and | ||||||
22 | storage may be required from any vehicle owner or other | ||||||
23 | legally
authorized person as a condition of release of the | ||||||
24 | vehicle. A detailed,
signed receipt showing the legal name | ||||||
25 | of the towing service must be given
to the person paying | ||||||
26 | towing or storage charges at the time of payment,
whether |
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1 | requested or not.
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2 | This Section shall not apply to law enforcement, | ||||||
3 | firefighting, rescue,
ambulance, or other emergency vehicles | ||||||
4 | which are marked as such or to
property owned by any | ||||||
5 | governmental entity.
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6 | When an authorized person improperly causes a motor vehicle | ||||||
7 | to be
removed, such person shall be liable to the owner or | ||||||
8 | lessee of the vehicle
for the cost or removal, transportation | ||||||
9 | and storage, any damages resulting
from the removal, | ||||||
10 | transportation and storage, attorney's fee and court costs.
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11 | Any towing or storage charges accrued shall be payable by | ||||||
12 | the use of any
major credit card, in addition to being payable | ||||||
13 | in cash.
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14 | 11. Towing companies shall also provide insurance | ||||||
15 | coverage for areas
where vehicles towed under the | ||||||
16 | provisions of this Chapter will be impounded
or otherwise | ||||||
17 | stored, and shall adequately cover loss by fire, theft or
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18 | other risks.
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19 | Any person who fails to comply with the conditions and | ||||||
20 | restrictions of
this subsection shall be guilty of a Class C | ||||||
21 | misdemeanor and shall be fined
not less than $100 nor more than | ||||||
22 | $500.
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23 | (g)(1) When a vehicle is determined to be a hazardous | ||||||
24 | dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | ||||||
25 | Illinois Municipal Code, its
removal and impoundment by a | ||||||
26 | towing service may be authorized by a law
enforcement agency |
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1 | with appropriate jurisdiction.
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2 | (2) When a vehicle removal from either public or private | ||||||
3 | property is
authorized by a law enforcement agency, the owner | ||||||
4 | of the vehicle shall be
responsible for all towing and storage | ||||||
5 | charges.
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6 | (3) Vehicles removed from public or private property and
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7 | stored by a commercial vehicle relocator or any other towing | ||||||
8 | service authorized by a law enforcement agency in
compliance | ||||||
9 | with this Section and Sections 4-201 and 4-202
of this Code, or | ||||||
10 | at the request of the vehicle owner or operator,
shall
be | ||||||
11 | subject to a possessor lien for services
pursuant to the Labor | ||||||
12 | and Storage Lien Act or the Labor and Storage Lien (Small | ||||||
13 | Amount) Act. The provisions of Section 1 of that Act relating | ||||||
14 | to notice
and implied consent shall be deemed satisfied by | ||||||
15 | compliance with Section
18a-302 and subsection (6) of Section | ||||||
16 | 18a-300. In no event shall such lien
be greater than the rate | ||||||
17 | or rates established in accordance with subsection
(6) of | ||||||
18 | Section 18a-200 of this Code. In no event shall such lien be
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19 | increased or altered to reflect any charge for services or | ||||||
20 | materials
rendered in addition to those authorized by this Act. | ||||||
21 | Every such lien
shall be payable by use of any major credit | ||||||
22 | card, in addition to being
payable in cash.
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23 | (4) Any personal property belonging to the vehicle owner in | ||||||
24 | a vehicle subject to a lien under this
subsection
(g) shall | ||||||
25 | likewise be subject to that lien, excepting only:
child | ||||||
26 | restraint systems as defined in Section 4 of the Child |
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1 | Passenger Protection Act and other child booster seats; | ||||||
2 | eyeglasses; food; medicine; perishable property; any | ||||||
3 | operator's licenses; any cash, credit
cards, or checks or | ||||||
4 | checkbooks; any wallet, purse, or other property
containing any | ||||||
5 | operator's license or other identifying documents or | ||||||
6 | materials,
cash, credit cards, checks, or checkbooks; and any | ||||||
7 | personal property belonging to a person other than the vehicle | ||||||
8 | owner if that person provides adequate proof that the personal | ||||||
9 | property belongs to that person. The spouse, child, mother, | ||||||
10 | father, brother, or sister of the vehicle owner may claim | ||||||
11 | personal property excepted under this paragraph (4) if the | ||||||
12 | person claiming the personal property provides the commercial | ||||||
13 | vehicle relocator or towing service with the authorization of | ||||||
14 | the vehicle owner. | ||||||
15 | (5) This paragraph (5) applies only in the case of a | ||||||
16 | vehicle that is towed as a result of being involved in an | ||||||
17 | accident. In addition to the personal property excepted under | ||||||
18 | paragraph (4), all other personal property in a vehicle subject | ||||||
19 | to a lien under this subsection (g) is exempt from that lien | ||||||
20 | and may be claimed by the vehicle owner if the vehicle owner | ||||||
21 | provides the commercial vehicle relocator or towing service | ||||||
22 | with proof that the vehicle owner has an insurance policy | ||||||
23 | covering towing and storage fees. The spouse, child, mother, | ||||||
24 | father, brother, or sister of the vehicle owner may claim | ||||||
25 | personal property in a vehicle subject to a lien under this | ||||||
26 | subsection (g) if the person claiming the personal property |
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1 | provides the commercial vehicle relocator or towing service | ||||||
2 | with the authorization of the vehicle owner and proof that the | ||||||
3 | vehicle owner has an insurance policy covering towing and | ||||||
4 | storage fees. The regulation of liens on personal property and | ||||||
5 | exceptions to those liens in the case of vehicles towed as a | ||||||
6 | result of being involved in an accident are
exclusive powers | ||||||
7 | and functions of the State. A home
rule unit may not regulate | ||||||
8 | liens on personal property and exceptions to those liens in the | ||||||
9 | case of vehicles towed as a result of being involved in an | ||||||
10 | accident. This paragraph (5) is a denial and
limitation of home | ||||||
11 | rule powers and functions under
subsection (h) of Section 6 of | ||||||
12 | Article VII of the
Illinois Constitution. | ||||||
13 | (6) No lien under this subsection (g) shall:
exceed $2,000 | ||||||
14 | in its total amount; or
be increased or altered to reflect any | ||||||
15 | charge for services or
materials rendered in addition to those | ||||||
16 | authorized by this Act.
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17 | (h) Whenever a peace officer issues a citation to a driver | ||||||
18 | for a violation of subsection (a) of Section 11-506 of this | ||||||
19 | Code, the arresting officer may have the vehicle which the | ||||||
20 | person was operating at the time of the arrest impounded for a | ||||||
21 | period of 5 days after the time of arrest.
An impounding agency | ||||||
22 | shall release a motor vehicle impounded under this subsection | ||||||
23 | (h) to the registered owner of the vehicle under any of the | ||||||
24 | following circumstances: | ||||||
25 | (1) If the vehicle is a stolen vehicle; or | ||||||
26 | (2) If the person ticketed for a violation of |
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| |||||||
1 | subsection (a) of Section 11-506 of this Code was not | ||||||
2 | authorized by the registered owner of the vehicle to | ||||||
3 | operate the vehicle at the time of the violation; or | ||||||
4 | (3) If the registered owner of the vehicle was neither | ||||||
5 | the driver nor a passenger in the vehicle at the time of | ||||||
6 | the violation or was unaware that the driver was using the | ||||||
7 | vehicle to engage in street racing; or | ||||||
8 | (4) If the legal owner or registered owner of the | ||||||
9 | vehicle is a rental car agency; or | ||||||
10 | (5) If, prior to the expiration of the impoundment | ||||||
11 | period specified above, the citation is dismissed or the | ||||||
12 | defendant is found not guilty of the offense.
| ||||||
13 | (Source: P.A. 95-310, eff. 1-1-08; 95-562, eff. 7-1-08; 95-621, | ||||||
14 | eff. 6-1-08; 95-876, eff. 8-21-08; 96-1274, eff. 7-26-10; | ||||||
15 | 96-1506, eff. 1-27-11.)
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16 | (625 ILCS 5/4-205) (from Ch. 95 1/2, par. 4-205)
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17 | Sec. 4-205. Record searches.
| ||||||
18 | (a) When a law enforcement agency authorizing the | ||||||
19 | impounding of a vehicle
does not know the identity of the | ||||||
20 | registered owner, lienholder or other legally
entitled person, | ||||||
21 | that law enforcement agency or a towing company authorized by | ||||||
22 | the law enforcement agency will cause the vehicle
registration | ||||||
23 | records of the State of Illinois to be searched by the
| ||||||
24 | Secretary of State for the purpose of obtaining the required | ||||||
25 | ownership
information.
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1 | (b) The law enforcement agency authorizing the impounding | ||||||
2 | of a vehicle
will cause the stolen motor vehicle files of the | ||||||
3 | State Police to be
searched by a directed communication to the | ||||||
4 | State Police for stolen or
wanted information on the vehicle. | ||||||
5 | When the State Police files are
searched with negative results, | ||||||
6 | the information contained in the
National Crime Information | ||||||
7 | Center (NCIC) files will be searched by the
State Police. The | ||||||
8 | information determined from these record searches will
be | ||||||
9 | returned to the requesting law enforcement agency or towing | ||||||
10 | company authorized under subsection (a) of this Section for | ||||||
11 | that entity's agency's
use in sending a notification by | ||||||
12 | certified mail to the registered owner,
lienholder and other | ||||||
13 | legally entitled persons advising where the vehicle
is held, | ||||||
14 | requesting a disposition be made and setting forth public sale
| ||||||
15 | information. Notification shall be sent no later than 10 | ||||||
16 | business days after
the date the law enforcement agency | ||||||
17 | impounds or authorizes the impounding of a
vehicle, provided | ||||||
18 | that if the law enforcement agency or towing company authorized | ||||||
19 | under subsection (a) of this Section is unable to determine the
| ||||||
20 | identity of the registered owner, lienholder or other person | ||||||
21 | legally entitled
to ownership of the impounded vehicle within a | ||||||
22 | 10 business day period after
impoundment, then notification | ||||||
23 | shall be sent no later than 2 days after the
date the identity | ||||||
24 | of the registered owner, lienholder or other person legally
| ||||||
25 | entitled to ownership of the impounded vehicle is determined. | ||||||
26 | Exceptions to a
notification by certified mail to the |
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| |||||||
1 | registered owner, lienholder and other
legally entitled | ||||||
2 | persons are set forth in Section 4-209 of this Code.
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3 | (c) When ownership information is needed for a
towing | ||||||
4 | service to give notification as required under this Code, the | ||||||
5 | towing
service may cause the vehicle registration records of | ||||||
6 | the State of Illinois to
be searched by the Secretary of State, | ||||||
7 | and in such case, the towing service also shall give notice to | ||||||
8 | all lienholders of record within the time period required for | ||||||
9 | such other notices.
| ||||||
10 | The written request of a towing service, in the form and
| ||||||
11 | containing the information prescribed by the Secretary of State | ||||||
12 | by rule, may be
transmitted to the Secretary of State in | ||||||
13 | person, by U.S.
mail or other delivery service, by facsimile | ||||||
14 | transmission, or by other
means the Secretary of State deems | ||||||
15 | acceptable.
| ||||||
16 | The Secretary of State shall provide the required | ||||||
17 | information, or
a statement that the information was not found | ||||||
18 | in the vehicle registration
records of the State, by U.S. mail | ||||||
19 | or other delivery service, facsimile
transmission, as | ||||||
20 | requested by the towing service, or by other means acceptable
| ||||||
21 | to the Secretary of State.
| ||||||
22 | (d) The Secretary of State may prescribe standards and | ||||||
23 | procedures for
submission of requests for record searches and | ||||||
24 | replies via computer link.
| ||||||
25 | (e) Fees for services provided under this Section shall be | ||||||
26 | in amounts
prescribed by the Secretary of State under Section |
| |||||||
| |||||||
1 | 3-821.1 of this Code.
Payment may be made by the towing service | ||||||
2 | using cash, any commonly accepted
credit card, or any other | ||||||
3 | means of payment deemed acceptable by the Secretary
of State.
| ||||||
4 | (Source: P.A. 95-838, eff. 8-15-08.)
| ||||||
5 | (625 ILCS 5/11-208.7) | ||||||
6 | Sec. 11-208.7. Administrative fees and procedures for | ||||||
7 | impounding vehicles for specified violations. | ||||||
8 | (a) Any municipality may, consistent with this Section, | ||||||
9 | provide by ordinance procedures for the release of properly | ||||||
10 | impounded vehicles and for the imposition of a reasonable | ||||||
11 | administrative fee related to its administrative and | ||||||
12 | processing costs associated with the investigation, arrest, | ||||||
13 | and detention of an offender, or the removal, impoundment, | ||||||
14 | storage, and release of the vehicle. The administrative fee | ||||||
15 | imposed by the municipality may be in addition to any fees
| ||||||
16 | charged for the towing and storage of an impounded vehicle. The | ||||||
17 | administrative fee shall be waived by the municipality upon | ||||||
18 | verifiable proof that the vehicle was stolen at the time the | ||||||
19 | vehicle was impounded. | ||||||
20 | (b) Any ordinance establishing procedures for the release | ||||||
21 | of properly impounded vehicles under this Section may impose | ||||||
22 | fees for the following violations: | ||||||
23 | (1) operation or use of a motor vehicle in the | ||||||
24 | commission of, or in the attempt to commit, an offense for | ||||||
25 | which a motor vehicle may be seized and forfeited pursuant |
| |||||||
| |||||||
1 | to Section 36-1 of the Criminal Code of 1961; or | ||||||
2 | (2) driving under the influence of alcohol, another | ||||||
3 | drug or drugs, an intoxicating compound or compounds, or | ||||||
4 | any combination thereof, in violation of Section 11-501 of | ||||||
5 | this Code; or | ||||||
6 | (3) operation or use of a motor vehicle in the | ||||||
7 | commission of, or in the attempt to commit, a felony or in | ||||||
8 | violation of the Cannabis Control Act; or | ||||||
9 | (4) operation or use of a motor vehicle in the | ||||||
10 | commission of, or in the attempt to commit, an offense in | ||||||
11 | violation of the Illinois Controlled Substances Act; or | ||||||
12 | (5) operation or use of a motor vehicle in the | ||||||
13 | commission of, or in the attempt to commit, an offense in | ||||||
14 | violation of Section 24-1, 24-1.5, or 24-3.1 of the | ||||||
15 | Criminal Code of 1961; or | ||||||
16 | (6) driving while a driver's license, permit, or | ||||||
17 | privilege to operate a motor vehicle is suspended or | ||||||
18 | revoked pursuant to Section 6-303 of this Code; except that | ||||||
19 | vehicles shall not be subjected to seizure or impoundment | ||||||
20 | if the suspension is for an unpaid citation (parking or | ||||||
21 | moving) or due to failure to comply with emission testing; | ||||||
22 | or | ||||||
23 | (7) operation or use of a motor vehicle while | ||||||
24 | soliciting, possessing, or attempting to solicit or | ||||||
25 | possess cannabis or a controlled substance, as defined by | ||||||
26 | the Cannabis Control Act or the Illinois Controlled |
| |||||||
| |||||||
1 | Substances Act; or | ||||||
2 | (8) operation or use of a motor vehicle with an expired | ||||||
3 | driver's license, in violation of Section 6-101 of this | ||||||
4 | Code, if the period of expiration is greater than one year; | ||||||
5 | or | ||||||
6 | (9) operation or use of a motor vehicle without ever | ||||||
7 | having been issued a driver's license or permit, in | ||||||
8 | violation of Section 6-101 of this Code, or operating a | ||||||
9 | motor vehicle without ever having been issued a driver's | ||||||
10 | license or permit due to a person's age; or | ||||||
11 | (10) operation or use of a motor vehicle by a person | ||||||
12 | against whom a warrant has been issued by a circuit clerk | ||||||
13 | in Illinois for failing to answer charges that the driver | ||||||
14 | violated Section 6-101, 6-303, or 11-501 of this Code; or | ||||||
15 | (11) operation or use of a motor vehicle in the | ||||||
16 | commission of, or in the attempt to commit, an offense in | ||||||
17 | violation of Article 16 or 16A of the Criminal Code of | ||||||
18 | 1961; or | ||||||
19 | (12) operation or use of a motor vehicle in the | ||||||
20 | commission of, or in the attempt to commit, any other
| ||||||
21 | misdemeanor or felony offense in violation of the Criminal | ||||||
22 | Code of 1961, when so provided by
local ordinance. | ||||||
23 | (c) The following shall apply to any fees imposed for | ||||||
24 | administrative and processing costs pursuant to subsection | ||||||
25 | (b): | ||||||
26 | (1) All administrative fees and towing and storage |
| |||||||
| |||||||
1 | charges shall be imposed on the registered owner of the | ||||||
2 | motor vehicle or the agents of that owner. | ||||||
3 | (2) The fees shall be in addition to (i) any other | ||||||
4 | penalties that may be assessed by a court of law for the | ||||||
5 | underlying violations; and (ii) any towing or storage fees, | ||||||
6 | or both, charged by the towing company. | ||||||
7 | (3) The fees shall be uniform for all similarly | ||||||
8 | situated vehicles. | ||||||
9 | (4) The fees shall be collected by and paid to the | ||||||
10 | municipality imposing the fees. | ||||||
11 | (5) The towing or storage fees, or both, shall be | ||||||
12 | collected by and paid to the person, firm, or entity that | ||||||
13 | tows and stores the impounded vehicle. | ||||||
14 | (d) Any ordinance establishing procedures for the release | ||||||
15 | of properly impounded vehicles under this Section shall provide | ||||||
16 | for an opportunity for a hearing, as provided in subdivision | ||||||
17 | (b)(4) of Section 11-208.3 of this Code, and for the release of | ||||||
18 | the vehicle to the owner of record, lessee, or a lienholder of | ||||||
19 | record upon payment of all administrative fees and towing and | ||||||
20 | storage fees. | ||||||
21 | (e) Any ordinance establishing procedures for the | ||||||
22 | impoundment
and release of vehicles under this Section shall | ||||||
23 | include the following provisions concerning notice of | ||||||
24 | impoundment: | ||||||
25 | (1) Whenever
a police officer has cause to believe that | ||||||
26 | a motor vehicle is subject to impoundment, the officer
|
| |||||||
| |||||||
1 | shall provide for the towing of the vehicle to a facility | ||||||
2 | authorized by the municipality. | ||||||
3 | (2) At the
time the vehicle is towed, the municipality | ||||||
4 | shall notify or make a reasonable attempt to notify the
| ||||||
5 | owner, lessee, or person identifying himself or herself as | ||||||
6 | the owner or lessee of the vehicle, or any person
who is | ||||||
7 | found to be in control of the vehicle at the time of the | ||||||
8 | alleged offense, of the fact of the
seizure, and of the | ||||||
9 | vehicle owner's or lessee's right to an administrative | ||||||
10 | hearing. | ||||||
11 | (3) The municipality shall
also provide notice that the | ||||||
12 | motor vehicle will remain impounded pending the completion | ||||||
13 | of an
administrative hearing, unless the owner or lessee of | ||||||
14 | the vehicle or a lienholder posts with the
municipality a | ||||||
15 | bond equal to the administrative fee as provided by | ||||||
16 | ordinance and pays for all
towing and storage charges. | ||||||
17 | (f) Any ordinance establishing procedures for the | ||||||
18 | impoundment and
release of vehicles under this Section shall | ||||||
19 | include a provision providing that the
registered owner or | ||||||
20 | lessee of the vehicle and any lienholder of record shall be | ||||||
21 | provided with a
notice of hearing. The notice shall: | ||||||
22 | (1) be served upon the owner, lessee, and any | ||||||
23 | lienholder of record either by personal service or by first | ||||||
24 | class mail to the interested party's address as registered | ||||||
25 | with the Secretary of State; | ||||||
26 | (2) be served upon interested parties within 10 days |
| |||||||
| |||||||
1 | after a vehicle is impounded by the municipality; and | ||||||
2 | (3) contain the date, time, and location of the | ||||||
3 | administrative hearing. An
initial hearing shall be | ||||||
4 | scheduled and convened no later than 15 working 45 days | ||||||
5 | after the date of
the mailing of the notice of hearing. | ||||||
6 | (g) In addition to the requirements contained in
| ||||||
7 | subdivision (b)(4) of Section 11-208.3 of this Code relating to | ||||||
8 | administrative hearings, any ordinance providing for the | ||||||
9 | impoundment
and release of vehicles under this Section shall | ||||||
10 | include the following requirements concerning administrative | ||||||
11 | hearings: | ||||||
12 | (1) administrative hearings shall be conducted by a | ||||||
13 | hearing officer who is an attorney licensed to practice law | ||||||
14 | in this State for a minimum of 3 years; | ||||||
15 | (1.5) no more than 2 continuances may be granted for | ||||||
16 | the administrative hearing; | ||||||
17 | (2) at the conclusion of the administrative hearing, | ||||||
18 | the hearing officer shall issue
a written decision either | ||||||
19 | sustaining or overruling the vehicle impoundment; | ||||||
20 | (3) if the basis for the vehicle
impoundment is | ||||||
21 | sustained by the administrative hearing officer, any | ||||||
22 | administrative fee posted to
secure the release of the | ||||||
23 | vehicle shall be forfeited to the municipality; | ||||||
24 | (4) all final decisions of the administrative hearing | ||||||
25 | officer shall be subject to
review under the provisions of | ||||||
26 | the Administrative Review Law; and |
| |||||||
| |||||||
1 | (5) unless the administrative hearing
officer | ||||||
2 | overturns the basis for the vehicle impoundment, no vehicle | ||||||
3 | shall be released to the owner, lessee, or lienholder of | ||||||
4 | record until
all administrative fees and towing and storage | ||||||
5 | charges are paid. | ||||||
6 | (h) Vehicles not retrieved from the towing facility or | ||||||
7 | storage facility
within 5 working 35 days after the | ||||||
8 | administrative hearing officer issues a written decision shall | ||||||
9 | be deemed abandoned and disposed of in accordance with the | ||||||
10 | provisions of Article II of Chapter
4 of this Code. | ||||||
11 | (i) Unless stayed by a court of competent jurisdiction, any | ||||||
12 | fine, penalty, or administrative fee imposed under this
Section | ||||||
13 | which remains unpaid in whole or in part after the expiration | ||||||
14 | of the deadline for seeking judicial
review under the | ||||||
15 | Administrative Review Law may be enforced in the same manner as | ||||||
16 | a judgment entered by a court of
competent jurisdiction.
| ||||||
17 | (Source: P.A. 97-109, eff. 1-1-12.)
| ||||||
18 | Section 10. The Sale of Unclaimed Property Act is amended | ||||||
19 | by changing Section 3 as follows:
| ||||||
20 | (770 ILCS 90/3) (from Ch. 141, par. 3)
| ||||||
21 | Sec. 3.
All persons other than common carriers having a | ||||||
22 | lien on personal
property, by virtue of the Innkeepers Lien Act | ||||||
23 | or for more than $2,000 by
virtue of the Labor and Storage Lien | ||||||
24 | Act may enforce the lien by a sale of
the property, on giving |
| |||||||
| |||||||
1 | to the owner thereof, if he and his residence be
known to the | ||||||
2 | person having such lien, 30 days' notice by certified mail, in
| ||||||
3 | writing of the time and place of such sale, and if the owner or | ||||||
4 | his place
of residence be unknown to the person having such | ||||||
5 | lien, then upon his
filing his affidavit to that effect with | ||||||
6 | the clerk of the circuit court in
the county where such | ||||||
7 | property is situated; notice of the sale may be given
by | ||||||
8 | publishing the same once in each week for 3 successive weeks in | ||||||
9 | some
newspaper of general circulation published in the county, | ||||||
10 | and out of the
proceeds of the sale all costs and charges for | ||||||
11 | advertising and making the
same, and the amount of the lien | ||||||
12 | shall be paid, and the surplus, if any,
shall be paid to the | ||||||
13 | owner of the property or, if not claimed by said
owner, such | ||||||
14 | surplus, if any, shall be disposed under the Uniform | ||||||
15 | Disposition
of Unclaimed Property Act. All sales pursuant to | ||||||
16 | this Section must be
public and conducted in a commercially | ||||||
17 | reasonable manner so as to maximize
the net proceeds of the | ||||||
18 | sale. Conformity to the requirements of this Act
shall be a | ||||||
19 | perpetual bar to any action against such lienor by any person
| ||||||
20 | for the recovery of such chattels or the value thereof or any | ||||||
21 | damages
growing out of the failure of such person to receive | ||||||
22 | such chattels.
| ||||||
23 | A sale pursuant to this Section may be accomplished to | ||||||
24 | enforce a lien for towing and storage of vehicles performed by | ||||||
25 | any relocator or other towing service pursuant to the order of | ||||||
26 | a law enforcement official or agency in accordance with Section |
| |||||||
| |||||||
1 | 4-201 through 4-214 of the Illinois Vehicle Code, whether or | ||||||
2 | not the towing and storage was performed without the vehicle | ||||||
3 | owner's consent. | ||||||
4 | (Source: P.A. 87-206.)".
|