Full Text of HB4750 100th General Assembly
HB4750ham001 100TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 4/9/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4750
| 2 | | AMENDMENT NO. ______. Amend House Bill 4750 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing 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 or | 8 | | lessor of record . | 9 | | (a) Any commercial vehicle relocator or any other private | 10 | | towing service providing removal or towing services pursuant to | 11 | | this Code and seeking to impose fees in connection with the | 12 | | furnishing of storage for a vehicle in the possession of the | 13 | | commercial vehicle relocator or other private towing service | 14 | | must provide written notice within 2 business days after the | 15 | | vehicle is removed or towed, by certified mail, return receipt | 16 | | requested, to the lienholder of record or lessor of record , |
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| 1 | | regardless of whether the commercial vehicle relocator or other | 2 | | private towing service enforces a lien under the Labor and | 3 | | Storage Lien Act or the Labor and Storage Lien (Small Amount) | 4 | | Act. The notice shall be effective upon mailing and include the | 5 | | rate at which fees will be incurred, and shall provide the | 6 | | lienholder of record or lessor of record with an opportunity to | 7 | | inspect the vehicle on the premises where the vehicle is stored | 8 | | within 2 business days of the lienholder of record's or lessor | 9 | | of record's lienholder's request. The date on which the | 10 | | assessment and accrual of storage fees may commence is the date | 11 | | of the impoundment of the vehicle, subject to any applicable | 12 | | limitations set forth by a municipality authorizing the vehicle | 13 | | removal. Payment of the storage fees by the lienholder of | 14 | | record or lessor of record may be made in cash or by cashier's | 15 | | check, certified check, debit card, credit card, or wire | 16 | | transfer, at the option of the lienholder of record or lessor | 17 | | of record taking possession of the vehicle. The commercial | 18 | | vehicle relocator or other private towing service shall furnish | 19 | | a copy of the certified mail receipt to the lienholder of | 20 | | record or lessor of record upon request.
| 21 | | (b) The notification requirements in subsection (a) of this | 22 | | Section apply in addition to any lienholder of record or lessor | 23 | | of record notice requirements under this Code relating to the | 24 | | removal or towing of an abandoned, lost, stolen, or unclaimed | 25 | | vehicle. If the commercial vehicle relocator or other private | 26 | | towing service fails to comply with the notification |
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| 1 | | requirements set forth in subsection (a) of this Section, | 2 | | storage fees shall not be assessed and collected and the | 3 | | lienholder of record or lessor of record shall be entitled to | 4 | | injunctive relief for possession of the vehicle without the | 5 | | payment of any storage fees. | 6 | | (c) If the notification required under subsection (a) was | 7 | | not sent and a lienholder of record or lessor of record | 8 | | discovers its collateral is in the possession of a commercial | 9 | | vehicle relocator or other private towing service by means | 10 | | other than the notification required in subsection (a) of this | 11 | | Section, the lienholder of record or lessor of record is | 12 | | entitled to recover any storage fees paid to the commercial | 13 | | vehicle relocator or other private towing service to reclaim | 14 | | possession of its collateral. | 15 | | (d) An action under this Section may be brought by the | 16 | | lienholder of record or lessor of record against the commercial | 17 | | vehicle locator or other private towing service in the circuit | 18 | | court. | 19 | | (e) Notwithstanding any provision to the contrary in this | 20 | | Code Act or the Illinois Vehicle Code , a commercial vehicle | 21 | | relocator or other private towing service seeking to impose | 22 | | storage fees for a vehicle in its possession may not foreclose | 23 | | or otherwise enforce its claim for payment of storage services | 24 | | or any lien relating to the claim pursuant to this Code or | 25 | | other applicable law unless it first complies with the | 26 | | lienholder of record or lessor of record notification |
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| 1 | | requirements set forth in subsection (a) of this Section. | 2 | | (f) If the vehicle that is removed or towed is registered | 3 | | in a state other than Illinois, the assessment and accrual of | 4 | | storage fees may commence on the date that the request for | 5 | | lienholder of record or lessor of record information is filed | 6 | | by the commercial vehicle relocator or other private towing | 7 | | service with the applicable administrative agency or office in | 8 | | that state if: (i) the commercial vehicle relocator or other | 9 | | private towing service furnishes the lienholder of record or | 10 | | lessor of record with a copy or proof of filing of the request | 11 | | for lienholder of record or lessor of record information; (ii) | 12 | | the commercial vehicle relocator or other private towing | 13 | | service provides to the lienholder of record or lessor of | 14 | | record the notification required by this Section within one | 15 | | business day after receiving the requested lienholder of record | 16 | | or lessor of record information; and (iii) the assessment of | 17 | | storage fees complies with any applicable limitations set forth | 18 | | by a municipality authorizing the vehicle removal.
| 19 | | (Source: P.A. 100-311, eff. 11-23-17; revised 10-10-17.) | 20 | | (625 ILCS 5/11-208.7) | 21 | | Sec. 11-208.7. Administrative fees and procedures for | 22 | | impounding vehicles for specified violations. | 23 | | (a) Any county or municipality may, consistent with this | 24 | | Section, provide by ordinance procedures for the release of | 25 | | properly impounded vehicles and for the imposition of a |
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| 1 | | reasonable administrative fee related to its administrative | 2 | | and processing costs associated with the investigation, | 3 | | arrest, and detention of an offender, or the removal, | 4 | | impoundment, storage, and release of the vehicle. The | 5 | | administrative fee imposed by the county or municipality may be | 6 | | in addition to any fees
charged for the towing and storage of | 7 | | an impounded vehicle. The administrative fee shall be waived by | 8 | | the county or municipality upon verifiable proof that the | 9 | | vehicle was stolen at the time the vehicle was impounded. | 10 | | (b) An ordinance establishing procedures for the release of | 11 | | properly impounded vehicles under this Section may impose fees | 12 | | only for the following violations: | 13 | | (1) operation or use of a motor vehicle in the | 14 | | commission of, or in the attempt to commit, an offense for | 15 | | which a motor vehicle may be seized and forfeited pursuant | 16 | | to Section 36-1 of the Criminal Code of 2012; or | 17 | | (2) driving under the influence of alcohol, another | 18 | | drug or drugs, an intoxicating compound or compounds, or | 19 | | any combination thereof, in violation of Section 11-501 of | 20 | | this Code; or | 21 | | (3) operation or use of a motor vehicle in the | 22 | | commission of, or in the attempt to commit, a felony or in | 23 | | violation of the Cannabis Control Act; or | 24 | | (4) operation or use of a motor vehicle in the | 25 | | commission of, or in the attempt to commit, an offense in | 26 | | violation of the Illinois Controlled Substances Act; or |
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| 1 | | (5) operation or use of a motor vehicle in the | 2 | | commission of, or in the attempt to commit, an offense in | 3 | | violation of Section 24-1, 24-1.5, or 24-3.1 of the | 4 | | Criminal Code of 1961 or the Criminal Code of 2012; or | 5 | | (6) driving while a driver's license, permit, or | 6 | | privilege to operate a motor vehicle is suspended or | 7 | | revoked pursuant to Section 6-303 of this Code; except that | 8 | | vehicles shall not be subjected to seizure or impoundment | 9 | | if the suspension is for an unpaid citation (parking or | 10 | | moving) or due to failure to comply with emission testing; | 11 | | or | 12 | | (7) operation or use of a motor vehicle while | 13 | | soliciting, possessing, or attempting to solicit or | 14 | | possess cannabis or a controlled substance, as defined by | 15 | | the Cannabis Control Act or the Illinois Controlled | 16 | | Substances Act; or | 17 | | (8) operation or use of a motor vehicle with an expired | 18 | | driver's license, in violation of Section 6-101 of this | 19 | | Code, if the period of expiration is greater than one year; | 20 | | or | 21 | | (9) operation or use of a motor vehicle without ever | 22 | | having been issued a driver's license or permit, in | 23 | | violation of Section 6-101 of this Code, or operating a | 24 | | motor vehicle without ever having been issued a driver's | 25 | | license or permit due to a person's age; or | 26 | | (10) operation or use of a motor vehicle by a person |
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| 1 | | against whom a warrant has been issued by a circuit clerk | 2 | | in Illinois for failing to answer charges that the driver | 3 | | violated Section 6-101, 6-303, or 11-501 of this Code; or | 4 | | (11) operation or use of a motor vehicle in the | 5 | | commission of, or in the attempt to commit, an offense in | 6 | | violation of Article 16 or 16A of the Criminal Code of 1961 | 7 | | or the Criminal Code of 2012; or | 8 | | (12) operation or use of a motor vehicle in the | 9 | | commission of, or in the attempt to commit, any other
| 10 | | misdemeanor or felony offense in violation of the Criminal | 11 | | Code of 1961 or the Criminal Code of 2012, when so provided | 12 | | by
local ordinance; or | 13 | | (13) operation or use of a motor vehicle in violation | 14 | | of Section 11-503 of this Code: | 15 | | (A) while the vehicle is part of a funeral | 16 | | procession; or | 17 | | (B) in a manner that interferes with a funeral | 18 | | procession. | 19 | | (c) The following shall apply to any fees imposed for | 20 | | administrative and processing costs pursuant to subsection | 21 | | (b): | 22 | | (1) All administrative fees and towing and storage | 23 | | charges shall be imposed on the registered owner of the | 24 | | motor vehicle or the agents of that owner. | 25 | | (2) The fees shall be in addition to (i) any other | 26 | | penalties that may be assessed by a court of law for the |
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| 1 | | underlying violations; and (ii) any towing or storage fees, | 2 | | or both, charged by the towing company. | 3 | | (3) The fees shall be uniform for all similarly | 4 | | situated vehicles. | 5 | | (4) The fees shall be collected by and paid to the | 6 | | county or municipality imposing the fees. | 7 | | (5) The towing or storage fees, or both, shall be | 8 | | collected by and paid to the person, firm, or entity that | 9 | | tows and stores the impounded vehicle. | 10 | | (d) Except as provided in subsection (k), any Any ordinance | 11 | | establishing procedures for the release of properly impounded | 12 | | vehicles under this Section shall provide for an opportunity | 13 | | for a hearing, as provided in subdivision (b)(4) of Section | 14 | | 11-208.3 of this Code, and for the release of the vehicle to | 15 | | the owner of record, lessee, or a lienholder of record , | 16 | | including a lessor of record, upon payment of all | 17 | | administrative fees and towing and storage fees. | 18 | | (e) Any ordinance establishing procedures for the | 19 | | impoundment
and release of vehicles under this Section shall | 20 | | include the following provisions concerning notice of | 21 | | impoundment: | 22 | | (1) Whenever
a police officer has cause to believe that | 23 | | a motor vehicle is subject to impoundment, the officer
| 24 | | shall provide for the towing of the vehicle to a facility | 25 | | authorized by the county or municipality. | 26 | | (2) At the
time the vehicle is towed, the county or |
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| 1 | | municipality shall notify , as soon as practicable, or make | 2 | | a reasonable attempt to notify the
owner, lessee, or person | 3 | | identifying himself or herself as the owner or lessee of | 4 | | the vehicle, or any person
who is found to be in control of | 5 | | the vehicle at the time of the alleged offense, of the fact | 6 | | of the
seizure, and of the vehicle owner's or lessee's | 7 | | right to an administrative hearing. Notice shall be given | 8 | | by the towing company to the lienholder of record or the | 9 | | lessor of record pursuant to Section 4-216 of this Code. | 10 | | (3) Except as provided in subsection (k), the The | 11 | | county or municipality shall
also provide notice that the | 12 | | motor vehicle will remain impounded pending the completion | 13 | | of an
administrative hearing, unless the owner or lessee of | 14 | | the vehicle or a lienholder posts with the county or
| 15 | | municipality a bond equal to the administrative fee as | 16 | | provided by ordinance and pays for all
towing and storage | 17 | | charges. | 18 | | (f) Any ordinance establishing procedures for the | 19 | | impoundment and
release of vehicles under this Section shall | 20 | | include a provision providing that the
registered owner or | 21 | | lessee of the vehicle and any lienholder of record shall be | 22 | | provided with a
notice of hearing. The notice shall: | 23 | | (1) be served upon the owner, lessee, and any | 24 | | lienholder of record either by personal service or by first | 25 | | class mail to the interested party's address as registered | 26 | | with the Secretary of State; |
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| 1 | | (2) be served upon interested parties within 10 days | 2 | | after a vehicle is impounded by the municipality; and | 3 | | (3) contain the date, time, and location of the | 4 | | administrative hearing. An
initial hearing shall be | 5 | | scheduled and convened no later than 45 days after the date | 6 | | of
the mailing of the notice of hearing. | 7 | | (g) In addition to the requirements contained in
| 8 | | subdivision (b)(4) of Section 11-208.3 of this Code relating to | 9 | | administrative hearings, any ordinance providing for the | 10 | | impoundment
and release of vehicles under this Section shall | 11 | | include the following requirements concerning administrative | 12 | | hearings: | 13 | | (1) administrative hearings shall be conducted by a | 14 | | hearing officer who is an attorney licensed to practice law | 15 | | in this State for a minimum of 3 years; | 16 | | (2) at the conclusion of the administrative hearing, | 17 | | the hearing officer shall issue
a written decision either | 18 | | sustaining or overruling the vehicle impoundment; | 19 | | (3) if the basis for the vehicle
impoundment is | 20 | | sustained by the administrative hearing officer, any | 21 | | administrative fee posted to
secure the release of the | 22 | | vehicle shall be forfeited to the county or municipality; | 23 | | (4) all final decisions of the administrative hearing | 24 | | officer shall be subject to
review under the provisions of | 25 | | the Administrative Review Law, unless the county or | 26 | | municipality allows in the enabling ordinance for direct |
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| 1 | | appeal to the circuit court having jurisdiction over the | 2 | | county or municipality; | 3 | | (5) except as provided in subsection (k), unless the | 4 | | administrative hearing
officer overturns the basis for the | 5 | | vehicle impoundment, no vehicle shall be released to the | 6 | | owner, lessee, or lienholder of record until
all | 7 | | administrative fees and towing and storage charges are | 8 | | paid; and | 9 | | (6) if the administrative hearing officer finds that a | 10 | | county or municipality that impounds a vehicle exceeded its | 11 | | authority under this Code, the county or municipality shall | 12 | | be liable to the registered owner or lessee of the vehicle | 13 | | for the cost of storage fees and reasonable attorney's | 14 | | fees. | 15 | | (h) Vehicles not retrieved from the towing facility or | 16 | | storage facility
within 10 35 days after the administrative | 17 | | hearing officer issues a written decision shall be deemed | 18 | | abandoned and disposed of in accordance with the provisions of | 19 | | Article II of Chapter
4 of this Code. | 20 | | (i) Unless stayed by a court of competent jurisdiction, any | 21 | | fine, penalty, or administrative fee imposed under this
Section | 22 | | which remains unpaid in whole or in part after the expiration | 23 | | of the deadline for seeking judicial
review under the | 24 | | Administrative Review Law may be enforced in the same manner as | 25 | | a judgment entered by a court of
competent jurisdiction.
| 26 | | (j) The fee limits in subsection (b), the exceptions in |
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| 1 | | paragraph (6) of subsection (b), and all of paragraph (6) of | 2 | | subsection (g) of this Section shall not apply to a home rule | 3 | | unit that tows a vehicle on a public way if a circumstance | 4 | | requires the towing of the vehicle or if the vehicle is towed | 5 | | due to a violation of a statute or local ordinance, and the | 6 | | home rule unit: | 7 | | (1) owns and operates a towing facility within its | 8 | | boundaries for the storage of towed vehicles; and | 9 | | (2) owns and operates tow trucks or enters into a | 10 | | contract with a third party vendor to operate tow trucks. | 11 | | (k) Notwithstanding any other provision of this Section to | 12 | | the contrary, a lienholder of record or lessor of record may | 13 | | take possession of a vehicle impounded under any ordinance | 14 | | authorized by this Section, and defer payment of any applicable | 15 | | administrative fees, upon submission by the lienholder of | 16 | | record's or lessor of record's duly executed affidavit stating | 17 | | that the lienholder of record or lessor of record is the owner | 18 | | of or has the right to possession of the vehicle. | 19 | | No vehicle shall be released to the lienholder of record or | 20 | | lessor of record until payment of the associated towing, | 21 | | storage, and other applicable fees charged by the person, firm, | 22 | | or entity that tows and stores the impounded vehicle to the | 23 | | extent the lienholder of record or lessor of record was given | 24 | | notice as provided by this Section. | 25 | | (l) Upon the request of a lienholder of record or lessor of | 26 | | record to obtain possession of a vehicle impounded under any |
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| 1 | | ordinance authorized by this Section, the county or | 2 | | municipality, or its designated agent, shall: | 3 | | (1) provide the lienholder of record or lessor of | 4 | | record an opportunity to view the vehicle within 2 business | 5 | | days of the request; | 6 | | (2) provide a statement in writing setting forth the | 7 | | amount of the applicable administrative fees authorized by | 8 | | this Section as of the date of the statement and all | 9 | | current fee rates imposed on a daily, weekly, or monthly | 10 | | basis; and | 11 | | (3) provide a statement in writing setting forth the | 12 | | amount of the applicable towing, storage, and other fees | 13 | | authorized by this Section as of the date of the statement | 14 | | and all current fee rates imposed on a daily, weekly, or | 15 | | monthly basis. | 16 | | (m) The changes made to this Section by this amendatory Act | 17 | | of the 100th General Assembly do not apply to a municipality | 18 | | with a population of 1,000,000 or more inhabitants. | 19 | | (Source: P.A. 98-518, eff. 8-22-13; 98-734, eff. 1-1-15; | 20 | | 98-756, eff. 7-16-14; 99-848, eff. 8-19-16.)
| 21 | | Section 99. Effective date. This Act takes effect 90 days | 22 | | after becoming law.".
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