Transportation and Motor Vehicles Committee
Filed: 3/12/2008
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1 | AMENDMENT TO HOUSE BILL 5108
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2 | AMENDMENT NO. ______. Amend House Bill 5108 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Section 4-205 as follows:
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6 | (625 ILCS 5/4-205) (from Ch. 95 1/2, par. 4-205)
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7 | Sec. 4-205. Record searches.
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8 | (a) When a law enforcement agency authorizing the | ||||||
9 | impounding of a vehicle
does not know the identity of the | ||||||
10 | registered owner, lienholder or other legally
entitled person, | ||||||
11 | that law enforcement agency will cause the vehicle
registration | ||||||
12 | records of the State of Illinois to be searched by the
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13 | Secretary of State for the purpose of obtaining the required | ||||||
14 | ownership
information.
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15 | (b) The law enforcement agency authorizing the impounding | ||||||
16 | of a vehicle
will cause the stolen motor vehicle files of the |
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1 | State Police to be
searched by a directed communication to the | ||||||
2 | State Police for stolen or
wanted information on the vehicle. | ||||||
3 | When the State Police files are
searched with negative results, | ||||||
4 | the information contained in the
National Crime Information | ||||||
5 | Center (NCIC) files will be searched by the
State Police. The | ||||||
6 | information determined from these record searches will
be | ||||||
7 | returned to the requesting law enforcement agency for that | ||||||
8 | agency's
use in sending a notification by certified mail to the | ||||||
9 | registered owner,
lienholder and other legally entitled | ||||||
10 | persons advising where the vehicle
is held, requesting a | ||||||
11 | disposition be made and setting forth public sale
information. | ||||||
12 | Notification shall be sent no later than 10 business days after
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13 | the date the law enforcement agency impounds or authorizes the | ||||||
14 | impounding of a
vehicle, provided that if the law enforcement | ||||||
15 | agency is unable to determine the
identity of the registered | ||||||
16 | owner, lienholder or other person legally entitled
to ownership | ||||||
17 | of the impounded vehicle within a 10 business day period after
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18 | impoundment, then notification shall be sent no later than 2 | ||||||
19 | days after the
date the identity of the registered owner, | ||||||
20 | lienholder or other person legally
entitled to ownership of the | ||||||
21 | impounded vehicle is determined. Exceptions to a
notification | ||||||
22 | by certified mail to the registered owner, lienholder and other
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23 | legally entitled persons are set forth in Section 4-209 of this | ||||||
24 | Code.
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25 | (c) When ownership information is needed for a
towing | ||||||
26 | service to give notification as required under this Code, the |
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1 | towing
service may cause the vehicle registration records of | ||||||
2 | the State of Illinois to
be searched by the Secretary of State , | ||||||
3 | and in such case, the towing service also shall give notice to | ||||||
4 | all lienholders of record within the time period required for | ||||||
5 | such other notices .
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6 | The written request of a towing service, in the form and
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7 | containing the information prescribed by the Secretary of State | ||||||
8 | by rule, may be
transmitted to the Secretary of State in | ||||||
9 | person, by U.S.
mail or other delivery service, by facsimile | ||||||
10 | transmission, or by other
means the Secretary of State deems | ||||||
11 | acceptable.
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12 | The Secretary of State shall provide the required | ||||||
13 | information, or
a statement that the information was not found | ||||||
14 | in the vehicle registration
records of the State, by U.S. mail | ||||||
15 | or other delivery service, facsimile
transmission, as | ||||||
16 | requested by the towing service, or by other means acceptable
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17 | to the Secretary of State.
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18 | (d) The Secretary of State may prescribe standards and | ||||||
19 | procedures for
submission of requests for record searches and | ||||||
20 | replies via computer link.
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21 | (e) Fees for services provided under this Section shall be | ||||||
22 | in amounts
prescribed by the Secretary of State under Section | ||||||
23 | 3-821.1 of this Code.
Payment may be made by the towing service | ||||||
24 | using cash, any commonly accepted
credit card, or any other | ||||||
25 | means of payment deemed acceptable by the Secretary
of State.
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26 | (Source: P.A. 89-179, eff. 1-1-96; 89-433, eff. 12-15-95.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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