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Full Text of SB2041  100th General Assembly

SB2041 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2041

 

Introduced 2/10/2017, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-208.7

    Amends the Illinois Vehicle Code. Provides that if proper notice is given within the first 5 calendar days after a vehicle is towed, daily storage charges shall begin to accrue for the first 5 calendar days and shall continue thereafter. Provides that if proper notice is given after the first 5 calendar days after the vehicle is towed, daily storage charges shall not begin to accrue until 3 calendar days after the notice is sent. Provides for the daily storage charge amounts. Provides that at the time a vehicle is towed or no later than 5 calendar 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 within 3 calendar days after the vehicle is towed, a county or municipality shall access the vehicle's title record to determine the lienholder of record, lessor, and the owner, lessee, or person identifying himself or herself as the owner or lessee of the vehicle. Provides that except if an administrative hearing officer overturns a vehicle impoundment, a county or municipality may assess a $5 fee for each vehicle towed to defray additional administrative costs. 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) An ordinance establishing procedures for the release of
22properly impounded vehicles under this Section may impose fees
23only 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) If notice under paragraph (2) of subsection (e) of
25    this Section is sent within the first 5 calendar days after
26    the vehicle is towed, daily storage charges shall begin to

 

 

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1    accrue for the first 5 calendar days and shall continue
2    thereafter. If notice is sent after the first 5 calendar
3    days after the vehicle is towed, daily storage charges
4    shall not accrue until 3 calendar days after the notice is
5    sent. The daily storage charges shall not exceed the
6    following rates: (i) $20.00 per calendar day for the first
7    5 calendar days and $35.00 per calendar day thereafter; or
8    (ii) if the vehicle weighs 8,000 pounds or more, $60.00 per
9    calendar day for the first 5 calendar days and $100.00 per
10    calendar day thereafter. No tow or storage fees shall be
11    assessed if an administrative hearing officer overturns a
12    vehicle impoundment. This paragraph (6) shall not apply to
13    municipalities with more than 1,000,000 inhabitants.
14    (d) Any ordinance establishing procedures for the release
15of properly impounded vehicles under this Section shall provide
16for 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
18the vehicle to the owner of record, lessee, or a lienholder of
19record, including a lessor of record, upon payment of all
20administrative fees and towing and storage fees, subject to the
21provisions of subsection (k).
22    (e) Any ordinance establishing procedures for the
23impoundment and release of vehicles under this Section shall
24include the following provisions concerning notice of
25impoundment:
26        (1) Whenever a police officer has cause to believe that

 

 

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1    a motor vehicle is subject to impoundment, the officer
2    shall provide for the towing of the vehicle to a facility
3    authorized by the county or municipality.
4        (2) At the time the vehicle is towed or no later than 5
5    calendar days thereafter, the county or municipality shall
6    notify by certified mail, with return receipt requested,
7    the lienholder of record, lessor, and or make a reasonable
8    attempt to notify the owner, lessee, or person identifying
9    himself or herself as the owner or lessee of the vehicle,
10    or any person who is found to be in control of the vehicle
11    at the time of the alleged offense, of the fact of the
12    seizure, and of the vehicle owner's or lessee's right to an
13    administrative hearing. Within 3 calendar days after a
14    vehicle is towed, a county or municipality shall access the
15    vehicle's title record through the Secretary of State's
16    website or by other means to determine the lienholder of
17    record, lessor, and the owner, lessee, or person
18    identifying himself or herself as the owner or lessee of
19    the vehicle. Except if an administrative hearing officer
20    overturns a vehicle impoundment, a county or municipality
21    may assess a $5 fee for each vehicle towed to defray
22    additional administrative costs.
23        (3) The county or municipality shall also provide
24    notice that the motor vehicle will remain impounded pending
25    the completion of an administrative hearing, unless the
26    owner or lessee of the vehicle or a lienholder posts with

 

 

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

 

 

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

 

 

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1    fees.
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) The fee limits in subsection (b), the exceptions in
14paragraph (6) of subsection (b), and all of paragraph (6) of
15subsection (g) of this Section shall not apply to a home rule
16unit that tows a vehicle on a public way if a circumstance
17requires the towing of the vehicle or if the vehicle is towed
18due to a violation of a statute or local ordinance, and the
19home rule unit:
20        (1) owns and operates a towing facility within its
21    boundaries for the storage of towed vehicles; and
22        (2) owns and operates tow trucks or enters into a
23    contract with a third party vendor to operate tow trucks.
24    (k) Notwithstanding any other provision of this Section to
25the contrary, a lienholder or lessor shall be entitled to take
26possession of a vehicle impounded under any ordinance

 

 

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1authorized by this Section, and defer payment of any applicable
2administrative fees, upon submission of the following to the
3municipality or its designated agent:
4        (1) a copy of the certificate of title or other
5    competent evidence to demonstrate the filing of the lien or
6    lessor's ownership of the vehicle with the Secretary of
7    State or other applicable governmental entity, which shall
8    be certified as a true and correct copy of the document
9    under notary seal;
10        (2) a copy of the installment sales, loan, or lease
11    agreement related to the vehicle which shall be certified
12    as a true and correct copy of the document under notary
13    seal;
14        (3) a sworn statement that the owner, purchaser, or
15    lessee of the vehicle is in default, and that the
16    lienholder or lessor has a right under the agreement to
17    repossess or otherwise foreclose on its lien and that it is
18    repossessing and foreclosing on its lien or intends to do
19    so;
20        (4) a notarized agreement to indemnify and hold
21    harmless the municipality and its agents for the release of
22    the vehicle to the lienholder or lessor;
23        (5) a written agreement of the lienholder that it shall
24    conditionally pay to the municipality a portion or all of
25    the applicable administrative fees, under this Section, to
26    the extent of any surplus funds received by the lienholder

 

 

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1    from the repossession sale of the vehicle under the Uniform
2    Commercial Code or the Motor Vehicle Leasing Act. The
3    amount of the surplus shall be as defined under Section
4    9-615 of the Uniform Commercial Code. The agreement shall
5    provide that if the repossession sale does not yield enough
6    surplus to pay the full amount owed to the municipality,
7    the lienholder shall pay the municipality as much as is
8    available from the surplus, if any, and the lienholder
9    shall not have any further liability to the municipality
10    for the amount owed. The agreement shall further provide
11    that if the lienholder or lessor allows the owner,
12    purchaser, or lessee to redeem or reinstate the vehicle or
13    agreement and retake possession of the vehicle, and the
14    vehicle is again towed and impounded, the provisions of
15    this subsection (k) shall not apply; and
16        (6) payment of the authorized towing and storage fees
17    charged by the person, firm, or entity that tows and stores
18    the impounded vehicle, and the cost of certified mail sent
19    as required under this Section, to the extent the
20    lienholder or lessor was given notice, as provided by this
21    Section.
22    This subsection (k) shall not apply to municipalities with
231,000,000 or more inhabitants.
24    (l) Upon the request of a lienholder or lessor to obtain
25possession of a vehicle impounded under any ordinance
26authorized by this Section, the municipality or its agent shall

 

 

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1provide to the lienholder or lessor an opportunity to view the
2vehicle and provide a statement in writing setting forth the
3amount of the applicable administrative, towing, and storage
4fees as authorized by this Section.
5(Source: P.A. 98-518, eff. 8-22-13; 98-734, eff. 1-1-15;
698-756, eff. 7-16-14; 99-848, eff. 8-19-16.)