Illinois General Assembly - Full Text of HB4750
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Full Text of HB4750  100th General Assembly

HB4750 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4750

 

Introduced , by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-208.7

    Amends the Illinois Vehicle Code. Provides that an impounded vehicle can be released to a lessor of record. Provides that notice shall be given by the towing company to the lienholder of record, or, if the lessor's information is reasonably available, the lessor of the vehicle. Provides that a lienholder or lessor shall be entitled to take possession of a vehicle impounded and defer payment of any applicable administrative fees upon submission by the lienholder or lessor to the municipality or its designated agent proof of ownership of the vehicle or proof of the right to possession of the vehicle. Provides that, except for municipalities with 1,000,000 or more inhabitants with a local ordinance, no vehicle shall be released to the lienholder or lessor until payment of the authorized towing and storage fees charged by the person, firm, or entity that tows and stores the impounded vehicle and the cost of certified mail sent as required. Provides that upon the request of a lienholder or lessor to obtain possession of a vehicle impounded under any ordinance, the municipality or its agent shall provide to the lienholder or lessor an opportunity to view the vehicle within 2 business days of the request and provide a statement in writing setting forth the amount of the applicable administrative, towing, and storage fees. Effective immediately.


LRB100 18202 LNS 33403 b

 

 

A BILL FOR

 

HB4750LRB100 18202 LNS 33403 b

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    (d) Except as provided in subsection (k), any Any ordinance
25establishing procedures for the release of properly impounded
26vehicles under this Section shall provide for an opportunity

 

 

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1for a hearing, as provided in subdivision (b)(4) of Section
211-208.3 of this Code, and for the release of the vehicle to
3the owner of record, lessee, or a lienholder of record,
4including a lessor of record, upon payment of all
5administrative fees and towing and storage fees.
6    (e) Any ordinance establishing procedures for the
7impoundment and release of vehicles under this Section shall
8include the following provisions concerning notice of
9impoundment:
10        (1) Whenever a police officer has cause to believe that
11    a motor vehicle is subject to impoundment, the officer
12    shall provide for the towing of the vehicle to a facility
13    authorized by the county or municipality.
14        (2) At the time the vehicle is towed, the county or
15    municipality shall notify, as soon as practicable, or make
16    a reasonable attempt to notify the owner, lessee, or person
17    identifying himself or herself as the owner or lessee of
18    the vehicle, or any person who is found to be in control of
19    the vehicle at the time of the alleged offense, of the fact
20    of the seizure, and of the vehicle owner's or lessee's
21    right to an administrative hearing. Notice shall be given
22    by the towing company to the lienholder of record or, if
23    the lessor's information is reasonably available, the
24    lessor of the vehicle pursuant to Section 4-216 of this
25    Code.
26        (3) Except as provided in subsection (k), the The

 

 

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1    county or municipality shall also provide notice that the
2    motor vehicle will remain impounded pending the completion
3    of an administrative hearing, unless the owner or lessee of
4    the vehicle or a lienholder posts with the county or
5    municipality a bond equal to the administrative fee as
6    provided by ordinance and pays for all towing and storage
7    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) except as provided in subsection (k), unless the
20    administrative hearing officer overturns the basis for the
21    vehicle impoundment, no vehicle shall be released to the
22    owner, lessee, or lienholder of record until all
23    administrative fees and towing and storage charges are
24    paid; and
25        (6) if the administrative hearing officer finds that a
26    county or municipality that impounds a vehicle exceeded its

 

 

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

 

 

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1    (k) Notwithstanding any other provision of this Section to
2the contrary, a lienholder or lessor may take possession of a
3vehicle impounded under any ordinance authorized by this
4Section, and defer payment of any applicable administrative
5fees, upon submission by the lienholder or lessor to the
6municipality or its designated agent proof of ownership of the
7vehicle or proof of the right to possession of the vehicle.
8    No vehicle shall be released to the lienholder or lessor
9until payment of the authorized towing and storage fees charged
10by the person, firm, or entity that tows and stores the
11impounded vehicle and the cost of certified mail sent as
12required under this Section, to the extent the lienholder or
13lessor was given notice as provided by this Section.
14    This subsection (k) does not apply to vehicles impounded
15pursuant to a local ordinance adopted by a municipality with
161,000,000 or more inhabitants.
17    (l) Upon the request of a lienholder or lessor to obtain
18possession of a vehicle impounded under any ordinance
19authorized by this Section, the municipality or its agent shall
20provide to the lienholder or lessor an opportunity to view the
21vehicle within 2 business days of the request and provide a
22statement in writing setting forth the amount of the applicable
23administrative, towing, and storage fees as authorized by this
24Section.
25(Source: P.A. 98-518, eff. 8-22-13; 98-734, eff. 1-1-15;
2698-756, eff. 7-16-14; 99-848, eff. 8-19-16.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.