Illinois General Assembly - Full Text of HB4750
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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
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing 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
8lessor of record.
9    (a) Any commercial vehicle relocator or any other private
10towing service providing removal or towing services pursuant to
11this Code and seeking to impose fees in connection with the
12furnishing of storage for a vehicle in the possession of the
13commercial vehicle relocator or other private towing service
14must provide written notice within 2 business days after the
15vehicle is removed or towed, by certified mail, return receipt
16requested, to the lienholder of record or lessor of record,

 

 

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1regardless of whether the commercial vehicle relocator or other
2private towing service enforces a lien under the Labor and
3Storage Lien Act or the Labor and Storage Lien (Small Amount)
4Act. The notice shall be effective upon mailing and include the
5rate at which fees will be incurred, and shall provide the
6lienholder of record or lessor of record with an opportunity to
7inspect the vehicle on the premises where the vehicle is stored
8within 2 business days of the lienholder of record's or lessor
9of record's lienholder's request. The date on which the
10assessment and accrual of storage fees may commence is the date
11of the impoundment of the vehicle, subject to any applicable
12limitations set forth by a municipality authorizing the vehicle
13removal. Payment of the storage fees by the lienholder of
14record or lessor of record may be made in cash or by cashier's
15check, certified check, debit card, credit card, or wire
16transfer, at the option of the lienholder of record or lessor
17of record taking possession of the vehicle. The commercial
18vehicle relocator or other private towing service shall furnish
19a copy of the certified mail receipt to the lienholder of
20record or lessor of record upon request.
21    (b) The notification requirements in subsection (a) of this
22Section apply in addition to any lienholder of record or lessor
23of record notice requirements under this Code relating to the
24removal or towing of an abandoned, lost, stolen, or unclaimed
25vehicle. If the commercial vehicle relocator or other private
26towing service fails to comply with the notification

 

 

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1requirements set forth in subsection (a) of this Section,
2storage fees shall not be assessed and collected and the
3lienholder of record or lessor of record shall be entitled to
4injunctive relief for possession of the vehicle without the
5payment of any storage fees.
6    (c) If the notification required under subsection (a) was
7not sent and a lienholder of record or lessor of record
8discovers its collateral is in the possession of a commercial
9vehicle relocator or other private towing service by means
10other than the notification required in subsection (a) of this
11Section, the lienholder of record or lessor of record is
12entitled to recover any storage fees paid to the commercial
13vehicle relocator or other private towing service to reclaim
14possession of its collateral.
15    (d) An action under this Section may be brought by the
16lienholder of record or lessor of record against the commercial
17vehicle locator or other private towing service in the circuit
18court.
19    (e) Notwithstanding any provision to the contrary in this
20Code Act or the Illinois Vehicle Code, a commercial vehicle
21relocator or other private towing service seeking to impose
22storage fees for a vehicle in its possession may not foreclose
23or otherwise enforce its claim for payment of storage services
24or any lien relating to the claim pursuant to this Code or
25other applicable law unless it first complies with the
26lienholder of record or lessor of record notification

 

 

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1requirements set forth in subsection (a) of this Section.
2    (f) If the vehicle that is removed or towed is registered
3in a state other than Illinois, the assessment and accrual of
4storage fees may commence on the date that the request for
5lienholder of record or lessor of record information is filed
6by the commercial vehicle relocator or other private towing
7service with the applicable administrative agency or office in
8that state if: (i) the commercial vehicle relocator or other
9private towing service furnishes the lienholder of record or
10lessor of record with a copy or proof of filing of the request
11for lienholder of record or lessor of record information; (ii)
12the commercial vehicle relocator or other private towing
13service provides to the lienholder of record or lessor of
14record the notification required by this Section within one
15business day after receiving the requested lienholder of record
16or lessor of record information; and (iii) the assessment of
17storage fees complies with any applicable limitations set forth
18by 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
22impounding vehicles for specified violations.
23    (a) Any county or municipality may, consistent with this
24Section, provide by ordinance procedures for the release of
25properly impounded vehicles and for the imposition of a

 

 

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1reasonable administrative fee related to its administrative
2and processing costs associated with the investigation,
3arrest, and detention of an offender, or the removal,
4impoundment, storage, and release of the vehicle. The
5administrative fee imposed by the county or municipality may be
6in addition to any fees charged for the towing and storage of
7an impounded vehicle. The administrative fee shall be waived by
8the county or municipality upon verifiable proof that the
9vehicle was stolen at the time the vehicle was impounded.
10    (b) An ordinance establishing procedures for the release of
11properly impounded vehicles under this Section may impose fees
12only 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
20administrative 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
11establishing procedures for the release of properly impounded
12vehicles under this Section shall provide for an opportunity
13for a hearing, as provided in subdivision (b)(4) of Section
1411-208.3 of this Code, and for the release of the vehicle to
15the owner of record, lessee, or a lienholder of record,
16including a lessor of record, upon payment of all
17administrative fees and towing and storage fees.
18    (e) Any ordinance establishing procedures for the
19impoundment and release of vehicles under this Section shall
20include the following provisions concerning notice of
21impoundment:
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
19impoundment and release of vehicles under this Section shall
20include a provision providing that the registered owner or
21lessee of the vehicle and any lienholder of record shall be
22provided 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
8subdivision (b)(4) of Section 11-208.3 of this Code relating to
9administrative hearings, any ordinance providing for the
10impoundment and release of vehicles under this Section shall
11include the following requirements concerning administrative
12hearings:
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
16storage facility within 10 35 days after the administrative
17hearing officer issues a written decision shall be deemed
18abandoned and disposed of in accordance with the provisions of
19Article II of Chapter 4 of this Code.
20    (i) Unless stayed by a court of competent jurisdiction, any
21fine, penalty, or administrative fee imposed under this Section
22which remains unpaid in whole or in part after the expiration
23of the deadline for seeking judicial review under the
24Administrative Review Law may be enforced in the same manner as
25a judgment entered by a court of competent jurisdiction.
26    (j) The fee limits in subsection (b), the exceptions in

 

 

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1paragraph (6) of subsection (b), and all of paragraph (6) of
2subsection (g) of this Section shall not apply to a home rule
3unit that tows a vehicle on a public way if a circumstance
4requires the towing of the vehicle or if the vehicle is towed
5due to a violation of a statute or local ordinance, and the
6home 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
12the contrary, a lienholder of record or lessor of record may
13take possession of a vehicle impounded under any ordinance
14authorized by this Section, and defer payment of any applicable
15administrative fees, upon submission by the lienholder of
16record's or lessor of record's duly executed affidavit stating
17that the lienholder of record or lessor of record is the owner
18of or has the right to possession of the vehicle.
19    No vehicle shall be released to the lienholder of record or
20lessor of record until payment of the associated towing,
21storage, and other applicable fees charged by the person, firm,
22or entity that tows and stores the impounded vehicle to the
23extent the lienholder of record or lessor of record was given
24notice as provided by this Section.
25    (l) Upon the request of a lienholder of record or lessor of
26record to obtain possession of a vehicle impounded under any

 

 

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1ordinance authorized by this Section, the county or
2municipality, 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
17of the 100th General Assembly do not apply to a municipality
18with 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;
2098-756, eff. 7-16-14; 99-848, eff. 8-19-16.)
 
21    Section 99. Effective date. This Act takes effect 90 days
22after becoming law.".