99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2265

 

Introduced 1/27/2016, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-208.7

    Amends the Illinois Vehicle Code. Provides that daily storage charges for impounded vehicles shall not begin to accrue until 5 days after the vehicle is towed and shall not exceed the maximum daily storage rate authorized by the Illinois Commerce Commission. Provides that at the time a vehicle is towed or within 5 days thereafter, the county or municipality shall notify by certified mail the lienholder of record, lessor, and the owner, lessee, or person identifying himself or herself as the owner or lessee of the vehicle, or any person who is found to be in control of the vehicle at the time of the alleged offense, of the fact of the seizure, and of the vehicle owner's or lessee's right to an administrative hearing. Provides that a lienholder or lessor shall be entitled to take possession of an impounded vehicle, and defer payment of any applicable administrative fees, upon submission of certain documents and fees to the municipality or its designated agent. Provides that upon a request to obtain possession of an impounded vehicle, a municipality or its agent shall provide a lienholder or lessor an opportunity to view the vehicle and provide a statement in writing setting forth the amount of the applicable administrative, towing, and storage fees. Makes conforming changes.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-208.7 as follows:
 
6    (625 ILCS 5/11-208.7)
7    Sec. 11-208.7. Administrative fees and procedures for
8impounding vehicles for specified violations.
9    (a) Any county or municipality may, consistent with this
10Section, provide by ordinance procedures for the release of
11properly impounded vehicles and for the imposition of a
12reasonable administrative fee related to its administrative
13and processing costs associated with the investigation,
14arrest, and detention of an offender, or the removal,
15impoundment, storage, and release of the vehicle. The
16administrative fee imposed by the county or municipality may be
17in addition to any fees charged for the towing and storage of
18an impounded vehicle. The administrative fee shall be waived by
19the county or municipality upon verifiable proof that the
20vehicle was stolen at the time the vehicle was impounded.
21    (b) Any ordinance establishing procedures for the release
22of properly impounded vehicles under this Section may impose
23fees for the following violations:

 

 

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1        (1) operation or use of a motor vehicle in the
2    commission of, or in the attempt to commit, an offense for
3    which a motor vehicle may be seized and forfeited pursuant
4    to Section 36-1 of the Criminal Code of 2012; or
5        (2) driving under the influence of alcohol, another
6    drug or drugs, an intoxicating compound or compounds, or
7    any combination thereof, in violation of Section 11-501 of
8    this Code; or
9        (3) operation or use of a motor vehicle in the
10    commission of, or in the attempt to commit, a felony or in
11    violation of the Cannabis Control Act; or
12        (4) operation or use of a motor vehicle in the
13    commission of, or in the attempt to commit, an offense in
14    violation of the Illinois Controlled Substances Act; or
15        (5) operation or use of a motor vehicle in the
16    commission of, or in the attempt to commit, an offense in
17    violation of Section 24-1, 24-1.5, or 24-3.1 of the
18    Criminal Code of 1961 or the Criminal Code of 2012; or
19        (6) driving while a driver's license, permit, or
20    privilege to operate a motor vehicle is suspended or
21    revoked pursuant to Section 6-303 of this Code; except that
22    vehicles shall not be subjected to seizure or impoundment
23    if the suspension is for an unpaid citation (parking or
24    moving) or due to failure to comply with emission testing;
25    or
26        (7) operation or use of a motor vehicle while

 

 

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

 

 

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1        (13) operation or use of a motor vehicle in violation
2    of Section 11-503 of this Code:
3            (A) while the vehicle is part of a funeral
4        procession; or
5            (B) in a manner that interferes with a funeral
6        procession.
7    (c) The following shall apply to any fees imposed for
8administrative and processing costs pursuant to subsection
9(b):
10        (1) All administrative fees and towing and storage
11    charges shall be imposed on the registered owner of the
12    motor vehicle or the agents of that owner.
13        (2) The fees shall be in addition to (i) any other
14    penalties that may be assessed by a court of law for the
15    underlying violations; and (ii) any towing or storage fees,
16    or both, charged by the towing company.
17        (3) The fees shall be uniform for all similarly
18    situated vehicles.
19        (4) The fees shall be collected by and paid to the
20    county or municipality imposing the fees.
21        (5) The towing or storage fees, or both, shall be
22    collected by and paid to the person, firm, or entity that
23    tows and stores the impounded vehicle.
24        (6) Daily storage charges shall not begin to accrue
25    until 5 days after the vehicle is towed. The charges shall
26    not exceed the maximum daily storage rate authorized by the

 

 

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1    Illinois Commerce Commission under Chapter 18a of this
2    Code.
3    (d) Any ordinance establishing procedures for the release
4of properly impounded vehicles under this Section shall provide
5for an opportunity for a hearing, as provided in subdivision
6(b)(4) of Section 11-208.3 of this Code, and for the release of
7the vehicle to the owner of record, lessee, or a lienholder of
8record, including a lessor of record, upon payment of all
9administrative fees and towing and storage fees, subject to the
10provisions of subsection (j).
11    (e) Any ordinance establishing procedures for the
12impoundment and release of vehicles under this Section shall
13include the following provisions concerning notice of
14impoundment:
15        (1) Whenever a police officer has cause to believe that
16    a motor vehicle is subject to impoundment, the officer
17    shall provide for the towing of the vehicle to a facility
18    authorized by the county or municipality.
19        (2) At the time the vehicle is towed or within 5 days
20    thereafter, the county or municipality shall notify by
21    certified mail, with return receipt requested, the
22    lienholder of record, lessor, and or make a reasonable
23    attempt to notify the owner, lessee, or person identifying
24    himself or herself as the owner or lessee of the vehicle,
25    or any person who is found to be in control of the vehicle
26    at the time of the alleged offense, of the fact of the

 

 

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

 

 

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1subdivision (b)(4) of Section 11-208.3 of this Code relating to
2administrative hearings, any ordinance providing for the
3impoundment and release of vehicles under this Section shall
4include the following requirements concerning administrative
5hearings:
6        (1) administrative hearings shall be conducted by a
7    hearing officer who is an attorney licensed to practice law
8    in this State for a minimum of 3 years;
9        (2) at the conclusion of the administrative hearing,
10    the hearing officer shall issue a written decision either
11    sustaining or overruling the vehicle impoundment;
12        (3) if the basis for the vehicle impoundment is
13    sustained by the administrative hearing officer, any
14    administrative fee posted to secure the release of the
15    vehicle shall be forfeited to the county or municipality;
16        (4) all final decisions of the administrative hearing
17    officer shall be subject to review under the provisions of
18    the Administrative Review Law, unless the county or
19    municipality allows in the enabling ordinance for direct
20    appeal to the circuit court having jurisdiction over the
21    county or municipality; and
22        (5) unless the administrative hearing officer
23    overturns the basis for the vehicle impoundment, no vehicle
24    shall be released to the owner, lessee, or lienholder of
25    record until all administrative fees and towing and storage
26    charges are paid, subject to the provisions of subsection

 

 

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1    (j).
2    (h) Vehicles not retrieved from the towing facility or
3storage facility within 35 days after the administrative
4hearing officer issues a written decision shall be deemed
5abandoned and disposed of in accordance with the provisions of
6Article II of Chapter 4 of this Code.
7    (i) Unless stayed by a court of competent jurisdiction, any
8fine, penalty, or administrative fee imposed under this Section
9which remains unpaid in whole or in part after the expiration
10of the deadline for seeking judicial review under the
11Administrative Review Law may be enforced in the same manner as
12a judgment entered by a court of competent jurisdiction.
13    (j) Notwithstanding any other provision of this Section to
14the contrary, a lienholder or lessor shall be entitled to take
15possession of a vehicle impounded under any ordinance
16authorized by this Section, and defer payment of any applicable
17administrative fees, upon submission of the following to the
18municipality or its designated agent:
19        (1) a copy of the certificate of title or other
20    competent evidence to demonstrate the filing of the lien or
21    lessor's ownership of the vehicle with the Secretary of
22    State or other applicable governmental entity, certified
23    as a true and correct copy of the document under notary
24    seal;
25        (2) a copy of the installment sales, loan, or lease
26    agreement related to the vehicle which shall be certified

 

 

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1    as a true and correct copy of the document under notary
2    seal;
3        (3) a sworn statement that the owner, purchaser, or
4    lessee of the vehicle is in default, and that the
5    lienholder or lessor has a right under the agreement to
6    repossess or otherwise foreclose on its lien and that it is
7    repossessing and foreclosing on its lien or intends to do
8    so;
9        (4) a notarized agreement to indemnify and hold
10    harmless the municipality and its agents for the release of
11    the vehicle to the lienholder or lessor;
12        (5) a written agreement of the lienholder that it shall
13    conditionally pay to the municipality a portion or all of
14    the applicable administrative fees, under this Section, to
15    the extent of any surplus funds received by the lienholder
16    from the repossession sale of the vehicle under the Uniform
17    Commercial Code or the Motor Vehicle Leasing Act. The
18    amount of the surplus shall be as defined under Section
19    9-615 of the Uniform Commercial Code. The agreement shall
20    provide that if the repossession sale does not yield enough
21    surplus to pay the full amount owed to the municipality,
22    the lienholder shall pay the municipality as much as is
23    available from the surplus, if any, and the lienholder
24    shall not have any further liability to the municipality
25    for the amount owed. The agreement shall further provide
26    that if the lienholder or lessor allows the owner,

 

 

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1    purchaser, or lessee to redeem or reinstate the vehicle or
2    agreement and retake possession of the vehicle, and the
3    vehicle is again towed and impounded, the provisions of
4    this subsection (j) shall not apply; and
5        (6) payment of the authorized towing and storage fees
6    charged by the person, firm, or entity that tows and stores
7    the impounded vehicle, and the cost of certified mail sent
8    as required under this Section, to the extent the
9    lienholder or lessor was given notice, as provided by this
10    Section.
11    (k) Upon the request of a lienholder or lessor to obtain
12possession of a vehicle impounded under any ordinance
13authorized by this Section, the municipality or its agent shall
14provide to the lienholder or lessor an opportunity to view the
15vehicle and provide a statement in writing setting forth the
16amount of the applicable administrative, towing, and storage
17fees as authorized by this Section.
18(Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13;
1998-518, eff. 8-22-13; 98-734, eff. 1-1-15; 98-756, eff.
207-16-14.)