HB0447 96TH GENERAL ASSEMBLY

LRB096 04025 AJT 14063 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0447

Introduced 2/4/2009, by Rep. Paul D. Froehlich

SYNOPSIS AS INTRODUCED:

625 ILCS 5/4-205	from Ch. 95 1/2, par. 4-205
770 ILCS 45/6.5 new
770 ILCS 50/2.5 new
770 ILCS 90/4 new

Amends the Illinois Vehicle Code, Labor and Storage Lien Act, Labor and Storage Lien (Small Amount) Act, and Sale of Unclaimed Property Act to provide a process of providing notice to motor vehicle owners and lienholders prior to auction sale or impoundment. Provides that a towing service or person seeking to foreclose on a lien must contact the Secretary of State and request that the Secretary search the vehicle registration records of the State of Illinois for information relating to the owner of the vehicle and lienholders of record. Provides that in event the Secretary of State does not find any record of the motor vehicle, the towing service or person seeking to foreclose on a lien must search a national vehicle record information service and search the vehicle for any evidence relating to an owner or lienholder. Provides that any owner or lienholder identified by the procedures in this Act must be given notice of the motor vehicle impoundment or auction sale. Provides that the failure to perform the procedures in this Act will render any subsequent sale voidable by a court of competent jurisdiction. Reorganizes a provision of the Illinois Vehicle Code relating to record searches by deleting and adding the same language in different locations. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning civil law.

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 Section 4-205 as follows:

(625 ILCS 5/4-205) (from Ch. 95 1/2, par. 4-205)

Sec. 4-205. Record searches.

(a) When a law enforcement agency authorizing the impounding of a vehicle does not know the identity of the registered owner, lienholder or other legally entitled person, that law enforcement agency will cause the vehicle registration records of the State of Illinois to be searched by the Secretary of State for the purpose of obtaining the required ownership information.

(b) The law enforcement agency authorizing the impounding of a vehicle will cause the stolen motor vehicle files of the State Police to be searched by a directed communication to the State Police for stolen or wanted information on the vehicle. When the State Police files are searched with negative results, the information contained in the National Crime Information Center (NCIC) files will be searched by the State Police. The information determined from these record searches will be returned to the requesting law enforcement agency for that agency's use in sending a notification by certified mail to the registered owner, lienholder and other legally entitled persons advising where the vehicle is held, requesting a disposition be made and setting forth public sale information. Notification shall be sent no later than 10 business days after the date the law enforcement agency impounds or authorizes the impounding of a vehicle, provided that if the law enforcement agency is unable to determine the identity of the registered owner, lienholder or other person legally entitled to ownership of the impounded vehicle within a 10 business day period after impoundment, then notification shall be sent no later than 2 days after the date the identity of the registered owner, lienholder or other person legally entitled to ownership of the impounded vehicle is determined. Exceptions to a notification by certified mail to the registered owner, lienholder and other legally entitled persons are set forth in Section 4-209 of this Code.

(c) When ownership information is needed for a towing service to give notification as required under this Code, the towing service may cause the vehicle registration records of the State of Illinois to be searched by the Secretary of State, and in such case, the towing service also shall give notice to all lienholders of record within the time period required for such other notices.

The written request of a towing service, in the form and containing the information prescribed by the Secretary of State by rule, may be transmitted to the Secretary of State in person, by U.S. mail or other delivery service, by facsimile transmission, or by other means the Secretary of State deems acceptable.

The Secretary of State shall provide the required information, or a statement that the information was not found in the vehicle registration records of the State, by U.S. mail or other delivery service, facsimile transmission, as requested by the towing service, or by other means acceptable to the Secretary of State.

(1) The written request of a towing service, in the form and containing the information prescribed by the Secretary of State by rule, may be transmitted to the Secretary of State in person, by U.S. mail or other delivery service, by facsimile transmission, or by other means the Secretary of State deems acceptable.

(2) The Secretary of State shall provide the required information, or a statement that the information was not found in the vehicle registration records of the State, by U.S. mail or other delivery service, facsimile transmission, as requested by the towing service, or by other means acceptable to the Secretary of State.

(3) In the event the Secretary of State does not find information in the vehicle registration records of the State, the towing service shall attempt to identify the owner of the vehicle by the following means:

(i) using the vehicle identification number to conduct a search through a commercial, nation-wide motor vehicle information service; and

(ii) inspecting the vehicle for any evidence of the name or address of the owner or the state of registration. If evidence of the address of the owner is found, notice shall be sent to that address. If evidence of the state of registration is found, the motor vehicle department of that state shall be contacted and requested to perform a record search for the name and address of any owner or lienholder.

(c-5) The failure to perform the searches required by subsection (c) shall render any subsequent sale voidable by a court of competent jurisdiction.

(d) The Secretary of State may prescribe standards and procedures for submission of requests for record searches and replies via computer link.

(e) Fees for services provided under this Section shall be in amounts prescribed by the Secretary of State under Section 3-821.1 of this Code. Payment may be made by the towing service using cash, any commonly accepted credit card, or any other means of payment deemed acceptable by the Secretary of State.

(Source: P.A. 95-838, eff. 8-15-08.)

Section 10. The Labor and Storage Lien Act is amended by adding Section 6.5 as follows:

(770 ILCS 45/6.5 new)

Sec. 6.5. Motor vehicle record searches.

(a) Prior to selling a motor vehicle pursuant to this Act, the person seeking to foreclose the lien shall contact the Secretary of State and request that the Secretary search the vehicle registration records of the State of Illinois for information relating to the owner of the vehicle and lienholders of record.

(1) The request shall be in writing in the form and containing the information prescribed by the Secretary of State by rule, and may be transmitted to the Secretary of State in person, by U.S. mail or other delivery service, by facsimile transmission, or by other means the Secretary of State deems acceptable.

(2) The Secretary of State shall provide the required information, or a statement that the information was not found in the vehicle registration records of the State, by U.S. mail or other delivery service, facsimile transmission, as requested by the person seeking to foreclose the lien, or by other means acceptable to the Secretary of State.

(3) In the event the Secretary of State did not find information in the vehicle registration records of the State, the person seeking to foreclose the lien shall attempt to identify the owner or lienholder of the vehicle by the following means:

(i) using the vehicle identification number to conduct a search through a commercial, nation-wide motor vehicle information service; and

(ii) inspecting the vehicle for any evidence of the name or address of the owner or the state of registration. If evidence of the address of the owner is found, notice shall be sent to that address. If evidence of the state of registration is found, the motor vehicle department of that state shall be contacted and requested to perform a record search for the name and address of any owner or lienholder.

(b) Any owner or lienholder identified by the procedures set forth in this Section shall be given notice as required by this Act.

(c) The failure to perform the searches required by this Section shall render any subsequent sale voidable by a court of competent jurisdiction.

Section 15. The Labor and Storage Lien (Small Amount) Act is amended by adding Section 2.5 as follows:

(770 ILCS 50/2.5 new)

Sec. 2.5. Motor vehicle record searches.

(a) Prior to selling a motor vehicle pursuant to this Act, the person seeking to foreclose the lien shall contact the Secretary of State and request that the Secretary search the vehicle registration records of the State of Illinois for information relating to the owner of the vehicle and lienholders of record.

(1) The request shall be in writing in the form and containing the information prescribed by the Secretary of State by rule, and may be transmitted to the Secretary of State in person, by U.S. mail or other delivery service, by facsimile transmission, or by other means the Secretary of State deems acceptable.

(2) The Secretary of State shall provide the required information, or a statement that the information was not found in the vehicle registration records of the State, by U.S. mail or other delivery service, facsimile transmission, as requested by the person seeking to foreclose the lien, or by other means acceptable to the Secretary of State.

(3) In the event the Secretary of State did not find information in the vehicle registration records of the State, the person seeking to foreclose the lien shall attempt to identify the owner or lienholder of the vehicle by the following means:

(i) using the vehicle identification number to conduct a search through a commercial, nation-wide motor vehicle information service; and

(ii) inspecting the vehicle for any evidence of the name or address of the owner or the state of registration. If evidence of the address of the owner is found, notice shall be sent to that address. If evidence of the state of registration is found, the motor vehicle department of that state shall be contacted and requested to perform a record search for the name and address of any owner or lienholder.

(b) Any owner or lienholder identified by the procedures set forth in this Section shall be given notice as required by this Act.

(c) The failure to perform the searches required by this Section shall render any subsequent sale voidable by a court of competent jurisdiction.

Section 20. The Sale of Unclaimed Property Act is amended by adding Section 4 as follows:

(770 ILCS 90/4 new)

Sec. 4. Motor vehicle record searches.

(a) Prior to selling a motor vehicle pursuant to this Act, the person seeking to foreclose the lien shall contact the Secretary of State and request that the Secretary search the vehicle registration records of the State of Illinois for information relating to the owner of the vehicle and lienholders of record.

(1) The request shall be in writing in the form and containing the information prescribed by the Secretary of State by rule, and may be transmitted to the Secretary of State in person, by U.S. mail or other delivery service, by facsimile transmission, or by other means the Secretary of State deems acceptable.

(2) The Secretary of State shall provide the required information, or a statement that the information was not found in the vehicle registration records of the State, by U.S. mail or other delivery service, facsimile transmission, as requested by the person seeking to foreclose the lien, or by other means acceptable to the Secretary of State.

(3) In the event the Secretary of State did not find information in the vehicle registration records of the State, the person seeking to foreclose the lien shall attempt to identify the owner or lienholder of the vehicle by the following means:

(i) using the vehicle identification number to conduct a search through a commercial, nation-wide motor vehicle information service; and

(ii) inspecting the vehicle for any evidence of the name or address of the owner or the state of registration. If evidence of the address of the owner is found, notice shall be sent to that address. If evidence of the state of registration is found, the motor vehicle department of that state shall be contacted and requested to perform a record search for the name and address of any owner or lienholder.

(b) Any owner or lienholder identified by the procedures set forth in this Section shall be given notice as required by this Act.

(c) The failure to perform the searches required by this Section shall render any subsequent sale voidable by a court of competent jurisdiction.

Section 99. Effective date. This Act takes effect upon becoming law.