Sen. Emil Jones, III

Filed: 4/3/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1519

2    AMENDMENT NO. ______. Amend Senate Bill 1519 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 4-216 and 11-208.7 as follows:
 
6    (625 ILCS 5/4-216)
7    Sec. 4-216. Storage fees; notice to lienholder of record.
8    (a) Any commercial vehicle relocator or any other private
9towing service providing removal or towing services pursuant to
10this Code and seeking to impose fees in connection with the
11furnishing of storage for a vehicle in the possession of the
12commercial vehicle relocator or other private towing service
13must provide written notice within 2 business days after the
14vehicle is removed or towed, by certified mail, return receipt
15requested, to the lienholder of record, regardless of whether
16the commercial vehicle relocator or other private towing

 

 

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1service enforces a lien under the Labor and Storage Lien Act or
2the Labor and Storage Lien (Small Amount) Act. The notice shall
3be effective upon mailing and include the rate at which fees
4will be incurred, and shall provide the lienholder of record
5with an opportunity to inspect the vehicle on the premises
6where the vehicle is stored within 2 business days of the
7lienholder of record's lienholder's request. The date on which
8the assessment and accrual of storage fees may commence is the
9date of the impoundment of the vehicle, subject to any
10applicable limitations set forth by a municipality authorizing
11the vehicle removal. Payment of the storage fees by the
12lienholder of record may be made in cash or by cashier's check,
13certified check, debit card, credit card, or wire transfer, at
14the option of the lienholder of record taking possession of the
15vehicle. The commercial vehicle relocator or other private
16towing service shall furnish a copy of the certified mail
17receipt to the lienholder of record upon request.
18    (b) The notification requirements in subsection (a) of this
19Section apply in addition to any lienholder of record notice
20requirements under this Code relating to the removal or towing
21of an abandoned, lost, stolen, or unclaimed vehicle. If the
22commercial vehicle relocator or other private towing service
23fails to comply with the notification requirements set forth in
24subsection (a) of this Section, storage fees shall not be
25assessed and collected and the lienholder of record shall be
26entitled to injunctive relief for possession of the vehicle

 

 

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1without the payment of any storage fees.
2    (c) If the notification required under subsection (a) was
3not sent and a lienholder of record discovers its collateral is
4in the possession of a commercial vehicle relocator or other
5private towing service by means other than the notification
6required in subsection (a) of this Section, the lienholder of
7record is entitled to recover any storage fees paid to the
8commercial vehicle relocator or other private towing service to
9reclaim possession of its collateral.
10    (d) An action under this Section may be brought by the
11lienholder of record against the commercial vehicle locator or
12other private towing service in the circuit court.
13    (e) Notwithstanding any provision to the contrary in this
14Code, a commercial vehicle relocator or other private towing
15service seeking to impose storage fees for a vehicle in its
16possession may not foreclose or otherwise enforce its claim for
17payment of storage services or any lien relating to the claim
18pursuant to this Code or other applicable law unless it first
19complies with the lienholder of record notification
20requirements set forth in subsection (a) of this Section.
21    (f) If the vehicle that is removed or towed is registered
22in a state other than Illinois, the assessment and accrual of
23storage fees may commence on the date that the request for
24lienholder of record information is filed by the commercial
25vehicle relocator or other private towing service with the
26applicable administrative agency or office in that state if:

 

 

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1(i) the commercial vehicle relocator or other private towing
2service furnishes the lienholder of record with a copy or proof
3of filing of the request for lienholder of record information;
4(ii) the commercial vehicle relocator or other private towing
5service provides to the lienholder of record the notification
6required by this Section within one business day after
7receiving the requested lienholder of record information; and
8(iii) the assessment of storage fees complies with any
9applicable limitations set forth by a municipality authorizing
10the vehicle removal.
11(Source: P.A. 100-311, eff. 11-23-17; 100-863, eff. 8-14-18.)
 
12    (625 ILCS 5/11-208.7)
13    Sec. 11-208.7. Administrative fees and procedures for
14impounding vehicles for specified violations.
15    (a) Any county or municipality may, consistent with this
16Section, provide by ordinance procedures for the release of
17properly impounded vehicles and for the imposition of a
18reasonable administrative fee related to its administrative
19and processing costs associated with the investigation,
20arrest, and detention of an offender, or the removal,
21impoundment, storage, and release of the vehicle. The
22administrative fee imposed by the county or municipality may be
23in addition to any fees charged for the towing and storage of
24an impounded vehicle. The administrative fee shall be waived by
25the county or municipality upon verifiable proof that the

 

 

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1vehicle was stolen at the time the vehicle was impounded.
2    (b) An ordinance establishing procedures for the release of
3properly impounded vehicles under this Section may impose fees
4only for the following violations:
5        (1) operation or use of a motor vehicle in the
6    commission of, or in the attempt to commit, an offense for
7    which a motor vehicle may be seized and forfeited pursuant
8    to Section 36-1 of the Criminal Code of 2012; or
9        (2) driving under the influence of alcohol, another
10    drug or drugs, an intoxicating compound or compounds, or
11    any combination thereof, in violation of Section 11-501 of
12    this Code; or
13        (3) operation or use of a motor vehicle in the
14    commission of, or in the attempt to commit, a felony or in
15    violation of the Cannabis Control Act; or
16        (4) operation or use of a motor vehicle in the
17    commission of, or in the attempt to commit, an offense in
18    violation of the Illinois Controlled Substances Act; or
19        (5) operation or use of a motor vehicle in the
20    commission of, or in the attempt to commit, an offense in
21    violation of Section 24-1, 24-1.5, or 24-3.1 of the
22    Criminal Code of 1961 or the Criminal Code of 2012; or
23        (6) driving while a driver's license, permit, or
24    privilege to operate a motor vehicle is suspended or
25    revoked pursuant to Section 6-303 of this Code; except that
26    vehicles shall not be subjected to seizure or impoundment

 

 

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1    if the suspension is for an unpaid citation (parking or
2    moving) or due to failure to comply with emission testing;
3    or
4        (7) operation or use of a motor vehicle while
5    soliciting, possessing, or attempting to solicit or
6    possess cannabis or a controlled substance, as defined by
7    the Cannabis Control Act or the Illinois Controlled
8    Substances Act; or
9        (8) operation or use of a motor vehicle with an expired
10    driver's license, in violation of Section 6-101 of this
11    Code, if the period of expiration is greater than one year;
12    or
13        (9) operation or use of a motor vehicle without ever
14    having been issued a driver's license or permit, in
15    violation of Section 6-101 of this Code, or operating a
16    motor vehicle without ever having been issued a driver's
17    license or permit due to a person's age; or
18        (10) operation or use of a motor vehicle by a person
19    against whom a warrant has been issued by a circuit clerk
20    in Illinois for failing to answer charges that the driver
21    violated Section 6-101, 6-303, or 11-501 of this Code; or
22        (11) operation or use of a motor vehicle in the
23    commission of, or in the attempt to commit, an offense in
24    violation of Article 16 or 16A of the Criminal Code of 1961
25    or the Criminal Code of 2012; or
26        (12) operation or use of a motor vehicle in the

 

 

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1    commission of, or in the attempt to commit, any other
2    misdemeanor or felony offense in violation of the Criminal
3    Code of 1961 or the Criminal Code of 2012, when so provided
4    by local ordinance; or
5        (13) operation or use of a motor vehicle in violation
6    of Section 11-503 of this Code:
7            (A) while the vehicle is part of a funeral
8        procession; or
9            (B) in a manner that interferes with a funeral
10        procession.
11    (c) The following shall apply to any fees imposed for
12administrative and processing costs pursuant to subsection
13(b):
14        (1) All administrative fees and towing and storage
15    charges shall be imposed on the registered owner of the
16    motor vehicle or the agents of that owner.
17        (2) The fees shall be in addition to (i) any other
18    penalties that may be assessed by a court of law for the
19    underlying violations; and (ii) any towing or storage fees,
20    or both, charged by the towing company.
21        (3) The fees shall be uniform for all similarly
22    situated vehicles.
23        (4) The fees shall be collected by and paid to the
24    county or municipality imposing the fees.
25        (5) The towing or storage fees, or both, shall be
26    collected by and paid to the person, firm, or entity that

 

 

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1    tows and stores the impounded vehicle.
2    (d) Any ordinance establishing procedures for the release
3of properly impounded vehicles under this Section shall provide
4for an opportunity for a hearing, as provided in subdivision
5(b)(4) of Section 11-208.3 of this Code, and for the release of
6the vehicle to the owner of record, lessee, or a lienholder of
7record upon payment of all administrative fees and towing and
8storage fees.
9    (e) Any ordinance establishing procedures for the
10impoundment and release of vehicles under this Section shall
11include the following provisions concerning notice of
12impoundment:
13        (1) Whenever a police officer has cause to believe that
14    a motor vehicle is subject to impoundment, the officer
15    shall provide for the towing of the vehicle to a facility
16    authorized by the county or municipality.
17        (2) At the time the vehicle is towed, the county or
18    municipality shall notify, as soon as practicable, or make
19    a reasonable attempt to notify the owner, lessee, or person
20    identifying himself or herself as the owner or lessee of
21    the vehicle, or any person who is found to be in control of
22    the vehicle at the time of the alleged offense, of the fact
23    of the seizure, and of the vehicle owner's or lessee's
24    right to an administrative hearing. Notice shall be given
25    by the towing company to the lienholder of record pursuant
26    to Section 4-216 of this Code.

 

 

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1        (3) The county or municipality shall also provide
2    notice that the motor vehicle will remain impounded pending
3    the completion of an administrative hearing, unless the
4    owner or lessee of the vehicle or a lienholder posts with
5    the county or municipality a bond equal to the
6    administrative fee as provided by ordinance and pays for
7    all towing and storage charges.
8    (f) Any ordinance establishing procedures for the
9impoundment and release of vehicles under this Section shall
10include a provision providing that the registered owner or
11lessee of the vehicle and any lienholder of record shall be
12provided with a notice of hearing. The notice shall:
13        (1) be served upon the owner, lessee, and any
14    lienholder of record either by personal service or by first
15    class mail to the interested party's address as registered
16    with the Secretary of State;
17        (2) be served upon interested parties within 10 days
18    after a vehicle is impounded by the municipality; and
19        (3) contain the date, time, and location of the
20    administrative hearing. An initial hearing shall be
21    scheduled and convened no later than 45 days after the date
22    of the mailing of the notice of hearing.
23    (g) In addition to the requirements contained in
24subdivision (b)(4) of Section 11-208.3 of this Code relating to
25administrative hearings, any ordinance providing for the
26impoundment and release of vehicles under this Section shall

 

 

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1include the following requirements concerning administrative
2hearings:
3        (1) administrative hearings shall be conducted by a
4    hearing officer who is an attorney licensed to practice law
5    in this State for a minimum of 3 years;
6        (2) at the conclusion of the administrative hearing,
7    the hearing officer shall issue a written decision either
8    sustaining or overruling the vehicle impoundment;
9        (3) if the basis for the vehicle impoundment is
10    sustained by the administrative hearing officer, any
11    administrative fee posted to secure the release of the
12    vehicle shall be forfeited to the county or municipality;
13        (4) all final decisions of the administrative hearing
14    officer shall be subject to review under the provisions of
15    the Administrative Review Law, unless the county or
16    municipality allows in the enabling ordinance for direct
17    appeal to the circuit court having jurisdiction over the
18    county or municipality;
19        (5) unless the administrative hearing officer
20    overturns the basis for the vehicle impoundment, no vehicle
21    shall be released to the owner, lessee, or lienholder of
22    record until all administrative fees and towing and storage
23    charges are paid; and
24        (6) if the administrative hearing officer finds that a
25    county or municipality that impounds a vehicle exceeded its
26    authority under this Code, the county or municipality shall

 

 

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1    be liable to the registered owner or lessee of the vehicle
2    for the cost of storage fees and reasonable attorney's
3    fees.
4    (h) Vehicles not retrieved from the towing facility or
5storage facility within 35 days after the administrative
6hearing officer issues a written decision shall be deemed
7abandoned and disposed of in accordance with the provisions of
8Article II of Chapter 4 of this Code.
9    (i) Unless stayed by a court of competent jurisdiction, any
10fine, penalty, or administrative fee imposed under this Section
11which remains unpaid in whole or in part after the expiration
12of the deadline for seeking judicial review under the
13Administrative Review Law may be enforced in the same manner as
14a judgment entered by a court of competent jurisdiction.
15    (j) The fee limits in subsection (b), the exceptions in
16paragraph (6) of subsection (b), and all of paragraph (6) of
17subsection (g) of this Section shall not apply to a home rule
18unit that tows a vehicle on a public way if a circumstance
19requires the towing of the vehicle or if the vehicle is towed
20due to a violation of a statute or local ordinance, and the
21home rule unit:
22        (1) owns and operates a towing facility within its
23    boundaries for the storage of towed vehicles; and
24        (2) owns and operates tow trucks or enters into a
25    contract with a third party vendor to operate tow trucks.
26    (k) Pursuant to Section 4-216 of this Code, the lienholder

 

 

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1of record shall have an opportunity to view the vehicle on the
2premises where the vehicle is located within 2 business days of
3the request.
4    (l) The changes made to this Section by this amendatory Act
5of the 101st General Assembly do not apply to a municipality
6with a population of 1,000,000 or more inhabitants.
7(Source: P.A. 98-518, eff. 8-22-13; 98-734, eff. 1-1-15;
898-756, eff. 7-16-14; 99-848, eff. 8-19-16.)
 
9    Section 99. Effective date. This Act takes effect 90 days
10after becoming law.".