HB3127 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3127

 

Introduced 2/17/2023, by Rep. Lawrence "Larry" Walsh, Jr.

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/4-203  from Ch. 95 1/2, par. 4-203
625 ILCS 5/4-203.5
625 ILCS 5/4-204  from Ch. 95 1/2, par. 4-204
625 ILCS 5/4-208  from Ch. 95 1/2, par. 4-208
625 ILCS 5/4-209  from Ch. 95 1/2, par. 4-209
625 ILCS 5/4-214  from Ch. 95 1/2, par. 4-214

    Amends the Illinois Vehicle Code. Provides that no vehicle shall be removed from private property by a towing service or person unless the towing service or person is licensed by and in good standing with the Illinois Commerce Commission. Requires towing services to keep records of express written instructions from the owners or persons in charge of the private property upon which the vehicle is said to be trespassing. Provides that any towing service or person that violates certain provisions shall surrender the license plates for one year. Makes other changes. Effective immediately.


LRB103 30571 MXP 57006 b

 

 

A BILL FOR

 

HB3127LRB103 30571 MXP 57006 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
5changing Sections 4-203, 4-203.5, 4-204, 4-208, 4-209, and
64-214 as follows:
 
7    (625 ILCS 5/4-203)  (from Ch. 95 1/2, par. 4-203)
8    (Text of Section before amendment by P.A. 102-982)
9    Sec. 4-203. Removal of motor vehicles or other vehicles;
10towing or hauling away.
11    (a) When a vehicle is abandoned, or left unattended, on a
12toll highway, interstate highway, or expressway for 2 hours or
13more, its removal by a towing service may be authorized by a
14law enforcement agency having jurisdiction.
15    (b) When a vehicle is abandoned on a highway in an urban
16district for 10 hours or more, its removal by a towing service
17may be authorized by a law enforcement agency having
18jurisdiction.
19    (c) When a vehicle is abandoned or left unattended on a
20highway other than a toll highway, interstate highway, or
21expressway, outside of an urban district for 24 hours or more,
22its removal by a towing service may be authorized by a law
23enforcement agency having jurisdiction.

 

 

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1    (d) When an abandoned, unattended, wrecked, burned, or
2partially dismantled vehicle is creating a traffic hazard
3because of its position in relation to the highway or its
4physical appearance is causing the impeding of traffic, its
5immediate removal from the highway or private property
6adjacent to the highway by a towing service may be authorized
7by a law enforcement agency having jurisdiction.
8    (e) Whenever a peace officer reasonably believes that a
9person under arrest for a violation of Section 11-501 of this
10Code or a similar provision of a local ordinance is likely,
11upon release, to commit a subsequent violation of Section
1211-501, or a similar provision of a local ordinance, the
13arresting officer shall have the vehicle which the person was
14operating at the time of the arrest impounded for a period of
1512 hours after the time of arrest. However, such vehicle may be
16released by the arresting law enforcement agency prior to the
17end of the impoundment period if:
18        (1) the vehicle was not owned by the person under
19    arrest, and the lawful owner requesting such release
20    possesses a valid operator's license, proof of ownership,
21    and would not, as determined by the arresting law
22    enforcement agency, indicate a lack of ability to operate
23    a motor vehicle in a safe manner, or who would otherwise,
24    by operating such motor vehicle, be in violation of this
25    Code; or
26        (2) the vehicle is owned by the person under arrest,

 

 

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1    and the person under arrest gives permission to another
2    person to operate such vehicle, provided however, that the
3    other person possesses a valid operator's license and
4    would not, as determined by the arresting law enforcement
5    agency, indicate a lack of ability to operate a motor
6    vehicle in a safe manner or who would otherwise, by
7    operating such motor vehicle, be in violation of this
8    Code.
9    (e-5) Whenever a registered owner of a vehicle is taken
10into custody for operating the vehicle in violation of Section
1111-501 of this Code or a similar provision of a local ordinance
12or Section 6-303 of this Code, a law enforcement officer may
13have the vehicle immediately impounded for a period not less
14than:
15        (1) 24 hours for a second violation of Section 11-501
16    of this Code or a similar provision of a local ordinance or
17    Section 6-303 of this Code or a combination of these
18    offenses; or
19        (2) 48 hours for a third violation of Section 11-501
20    of this Code or a similar provision of a local ordinance or
21    Section 6-303 of this Code or a combination of these
22    offenses.
23    The vehicle may be released sooner if the vehicle is owned
24by the person under arrest and the person under arrest gives
25permission to another person to operate the vehicle and that
26other person possesses a valid operator's license and would

 

 

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1not, as determined by the arresting law enforcement agency,
2indicate a lack of ability to operate a motor vehicle in a safe
3manner or would otherwise, by operating the motor vehicle, be
4in violation of this Code.
5    (f) Except as provided in Chapter 18a of this Code, the
6owner or lessor of privately owned real property within this
7State, or any person authorized by such owner or lessor, or any
8law enforcement agency in the case of publicly owned real
9property may cause any motor vehicle abandoned or left
10unattended upon such property without permission to be removed
11by a towing service without liability for the costs of
12removal, transportation or storage or damage caused by such
13removal, transportation or storage. The towing or removal of
14any vehicle from private property without the consent of the
15registered owner or other legally authorized person in control
16of the vehicle is subject to compliance with the following
17conditions and restrictions:
18        1. Any towed or removed vehicle must be stored at the
19    site of the towing service's place of business. The site
20    must be open during business hours, and for the purpose of
21    redemption of vehicles, during the time that the person or
22    firm towing such vehicle is open for towing purposes.
23        2. The towing service shall within 30 minutes of
24    completion of such towing or removal, notify the law
25    enforcement agency having jurisdiction of such towing or
26    removal, and the make, model, color, and license plate

 

 

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1    number of the vehicle, and shall obtain and record the
2    name of the person at the law enforcement agency to whom
3    such information was reported.
4        3. If the registered owner or legally authorized
5    person entitled to possession of the vehicle shall arrive
6    at the scene prior to actual removal or towing of the
7    vehicle, the vehicle shall be disconnected from the tow
8    truck and that person shall be allowed to remove the
9    vehicle without interference, upon the payment of a
10    reasonable service fee of not more than one-half one half
11    the posted rate of the towing service as provided in
12    paragraph 6 of this subsection, for which a receipt shall
13    be given.
14        4. The rebate or payment of money or any other
15    valuable consideration from the towing service or its
16    owners, managers, or employees to the owners or operators
17    of the premises from which the vehicles are towed or
18    removed, for the privilege of removing or towing those
19    vehicles, is prohibited. Any individual who violates this
20    paragraph shall be guilty of a Class A misdemeanor.
21        5. Except for property appurtenant to and obviously a
22    part of a single family residence, and except for
23    instances where notice is personally given to the owner or
24    other legally authorized person in control of the vehicle
25    that the area in which that vehicle is parked is reserved
26    or otherwise unavailable to unauthorized vehicles and they

 

 

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1    are subject to being removed at the owner or operator's
2    expense, any property owner or lessor, prior to towing or
3    removing any vehicle from private property without the
4    consent of the owner or other legally authorized person in
5    control of that vehicle, must post a notice meeting the
6    following requirements:
7            a. Except as otherwise provided in subparagraph
8        a.1 of this subdivision (f)5, the notice must be
9        prominently placed at each driveway access or curb cut
10        allowing vehicular access to the property within 5
11        feet from the public right-of-way line. If there are
12        no curbs or access barriers, the sign must be posted
13        not less than one sign each 100 feet of lot frontage.
14            a.1. In a municipality with a population of less
15        than 250,000, as an alternative to the requirement of
16        subparagraph a of this subdivision (f)5, the notice
17        for a parking lot contained within property used
18        solely for a 2-family, 3-family, or 4-family residence
19        may be prominently placed at the perimeter of the
20        parking lot, in a position where the notice is visible
21        to the occupants of vehicles entering the lot.
22            b. The notice must indicate clearly, in not less
23        than 2 inch high light-reflective letters on a
24        contrasting background, that unauthorized vehicles
25        will be towed away at the owner's expense.
26            c. The notice must also provide the name and

 

 

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1        current telephone number of the towing service towing
2        or removing the vehicle.
3            d. The sign structure containing the required
4        notices must be permanently installed with the bottom
5        of the sign not less than 4 feet above ground level,
6        and must be continuously maintained on the property
7        for not less than 24 hours prior to the towing or
8        removing of any vehicle.
9        6. Any towing service that tows or removes vehicles
10    and proposes to require the owner, operator, or person in
11    control of the vehicle to pay the costs of towing and
12    storage prior to redemption of the vehicle must file and
13    keep on record with the local law enforcement agency a
14    complete copy of the current rates to be charged for such
15    services, and post at the storage site an identical rate
16    schedule and any written contracts with property owners,
17    lessors, or persons in control of property which authorize
18    them to remove vehicles as provided in this Section. The
19    towing and storage charges, however, shall not exceed the
20    maximum allowed by the Illinois Commerce Commission under
21    Section 18a-200.
22        7. No person shall engage in the removal of vehicles
23    from private property as described in this Section without
24    filing a notice of intent in each community where he
25    intends to do such removal, and such notice shall be filed
26    at least 7 days before commencing such towing.

 

 

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1        8. No removal of a vehicle from private property shall
2    be done by a towing service unless it is licensed and in
3    good standing with the Illinois Commerce Commission.
4    Express except upon express written instructions of the
5    owners or persons in charge of the private property upon
6    which the vehicle is said to be trespassing shall be kept
7    by the towing service.
8        9. Vehicle entry for the purpose of removal shall be
9    allowed with reasonable care on the part of the person or
10    firm towing the vehicle. Such person or firm shall be
11    liable for any damages occasioned to the vehicle if such
12    entry is not in accordance with the standards of
13    reasonable care.
14        9.5. Except as authorized by a law enforcement
15    officer, no towing service shall engage in the removal of
16    a commercial motor vehicle that requires a commercial
17    driver's license to operate by operating the vehicle under
18    its own power on a highway.
19        10. When a vehicle has been towed or removed pursuant
20    to this Section, it must be released to its owner,
21    custodian, agent, or lienholder within one-half one half
22    hour after requested, if such request is made during
23    business hours. Any vehicle owner, custodian, agent, or
24    lienholder shall have the right to inspect the vehicle
25    before accepting its return, and no release or waiver of
26    any kind which would release the towing service from

 

 

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1    liability for damages incurred during the towing and
2    storage may be required from any vehicle owner or other
3    legally authorized person as a condition of release of the
4    vehicle. A detailed, signed receipt showing the legal name
5    of the towing service must be given to the person paying
6    towing or storage charges at the time of payment, whether
7    requested or not.
8        This Section shall not apply to law enforcement,
9    firefighting, rescue, ambulance, or other emergency
10    vehicles which are marked as such or to property owned by
11    any governmental entity.
12        When an authorized person improperly causes a motor
13    vehicle to be removed, such person shall be liable to the
14    owner or lessee of the vehicle for the cost of or removal,
15    transportation and storage, any damages resulting from the
16    removal, transportation and storage, attorney's fees fee
17    and court costs.
18        Any towing or storage charges accrued shall be payable
19    in cash or by cashier's check, certified check, debit
20    card, credit card, or wire transfer, at the option of the
21    party taking possession of the vehicle.
22        11. Towing companies shall also provide insurance
23    coverage for areas where vehicles towed under the
24    provisions of this Chapter will be impounded or otherwise
25    stored, and shall adequately cover loss by fire, theft, or
26    other risks.

 

 

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1    Any person who fails to comply with the conditions and
2restrictions of this subsection shall be guilty of a Class C
3misdemeanor and shall be fined not less than $100 nor more than
4$500. Any towing service found guilty shall surrender its
5license plates for one year.
6    (g)(1) When a vehicle is determined to be a hazardous
7dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
8Illinois Municipal Code or Section 5-12002.1 of the Counties
9Code, its removal and impoundment by a towing service may be
10authorized by a law enforcement agency with appropriate
11jurisdiction.
12    (2) When a vehicle removal from either public or private
13property is authorized by a law enforcement agency, the owner
14of the vehicle shall be responsible for all towing and storage
15charges.
16    (3) Vehicles removed from public or private property and
17stored by a commercial vehicle relocator or any other towing
18service authorized by a law enforcement agency in compliance
19with this Section and Sections 4-201 and 4-202 of this Code, or
20at the request of the vehicle owner or operator, shall be
21subject to a possessor lien for services pursuant to the Labor
22and Storage Lien (Small Amount) Act. The provisions of Section
231 of that Act relating to notice and implied consent shall be
24deemed satisfied by compliance with Section 18a-302 and
25subsection (6) of Section 18a-300. In no event shall such lien
26be greater than the rate or rates established in accordance

 

 

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1with subsection (6) of Section 18a-200 of this Code. In no
2event shall such lien be increased or altered to reflect any
3charge for services or materials rendered in addition to those
4authorized by this Code. Every such lien shall be payable in
5cash or by cashier's check, certified check, debit card,
6credit card, or wire transfer, at the option of the party
7taking possession of the vehicle.
8    (4) Any personal property belonging to the vehicle owner
9in a vehicle subject to a lien under this subsection (g) shall
10likewise be subject to that lien, excepting only: child
11restraint systems as defined in Section 4 of the Child
12Passenger Protection Act and other child booster seats;
13eyeglasses; food; medicine; perishable property; any
14operator's licenses; any cash, credit cards, or checks or
15checkbooks; any wallet, purse, or other property containing
16any operator's license or other identifying documents or
17materials, cash, credit cards, checks, or checkbooks; and any
18personal property belonging to a person other than the vehicle
19owner if that person provides adequate proof that the personal
20property belongs to that person. The spouse, child, mother,
21father, brother, or sister of the vehicle owner may claim
22personal property excepted under this paragraph (4) if the
23person claiming the personal property provides the commercial
24vehicle relocator or towing service with the authorization of
25the vehicle owner.
26    (5) This paragraph (5) applies only in the case of a

 

 

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1vehicle that is towed as a result of being involved in an
2accident. In addition to the personal property excepted under
3paragraph (4), all other personal property in a vehicle
4subject to a lien under this subsection (g) is exempt from that
5lien and may be claimed by the vehicle owner if the vehicle
6owner provides the commercial vehicle relocator or towing
7service with proof that the vehicle owner has an insurance
8policy covering towing and storage fees. The spouse, child,
9mother, father, brother, or sister of the vehicle owner may
10claim personal property in a vehicle subject to a lien under
11this subsection (g) if the person claiming the personal
12property provides the commercial vehicle relocator or towing
13service with the authorization of the vehicle owner and proof
14that the vehicle owner has an insurance policy covering towing
15and storage fees. The regulation of liens on personal property
16and exceptions to those liens in the case of vehicles towed as
17a result of being involved in an accident are exclusive powers
18and functions of the State. A home rule unit may not regulate
19liens on personal property and exceptions to those liens in
20the case of vehicles towed as a result of being involved in an
21accident. This paragraph (5) is a denial and limitation of
22home rule powers and functions under subsection (h) of Section
236 of Article VII of the Illinois Constitution.
24    (6) No lien under this subsection (g) shall: exceed $2,000
25in its total amount; or be increased or altered to reflect any
26charge for services or materials rendered in addition to those

 

 

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1authorized by this Code.
2    (h) Whenever a peace officer issues a citation to a driver
3for a violation of subsection (a) of Section 11-506 of this
4Code, the arresting officer may have the vehicle which the
5person was operating at the time of the arrest impounded for a
6period of 5 days after the time of arrest. An impounding agency
7shall release a motor vehicle impounded under this subsection
8(h) to the registered owner of the vehicle under any of the
9following circumstances:
10        (1) if If the vehicle is a stolen vehicle; or
11        (2) if If the person ticketed for a violation of
12    subsection (a) of Section 11-506 of this Code was not
13    authorized by the registered owner of the vehicle to
14    operate the vehicle at the time of the violation; or
15        (3) if If the registered owner of the vehicle was
16    neither the driver nor a passenger in the vehicle at the
17    time of the violation or was unaware that the driver was
18    using the vehicle to engage in street racing; or
19        (4) if If the legal owner or registered owner of the
20    vehicle is a rental car agency; or
21        (5) if If, prior to the expiration of the impoundment
22    period specified above, the citation is dismissed or the
23    defendant is found not guilty of the offense.
24    (i) Except for vehicles exempted under subsection (b) of
25Section 7-601 of this Code, whenever a law enforcement officer
26issues a citation to a driver for a violation of Section 3-707

 

 

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1of this Code, and the driver has a prior conviction for a
2violation of Section 3-707 of this Code in the past 12 months,
3the arresting officer shall authorize the removal and
4impoundment of the vehicle by a towing service.
5(Source: P.A. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17;
6100-537, eff. 6-1-18; 100-863, eff. 8-14-18; revised 8-26-22.)
 
7    (Text of Section after amendment by P.A. 102-982)
8    Sec. 4-203. Removal of motor vehicles or other vehicles;
9towing or hauling away.
10    (a) When a vehicle is abandoned, or left unattended, on a
11toll highway, interstate highway, or expressway for 2 hours or
12more, its removal by a towing service may be authorized by a
13law enforcement agency having jurisdiction.
14    (b) When a vehicle is abandoned on a highway in an urban
15district for 10 hours or more, its removal by a towing service
16may be authorized by a law enforcement agency having
17jurisdiction.
18    (c) When a vehicle is abandoned or left unattended on a
19highway other than a toll highway, interstate highway, or
20expressway, outside of an urban district for 24 hours or more,
21its removal by a towing service may be authorized by a law
22enforcement agency having jurisdiction.
23    (d) When an abandoned, unattended, wrecked, burned, or
24partially dismantled vehicle is creating a traffic hazard
25because of its position in relation to the highway or its

 

 

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1physical appearance is causing the impeding of traffic, its
2immediate removal from the highway or private property
3adjacent to the highway by a towing service may be authorized
4by a law enforcement agency having jurisdiction.
5    (e) Whenever a peace officer reasonably believes that a
6person under arrest for a violation of Section 11-501 of this
7Code or a similar provision of a local ordinance is likely,
8upon release, to commit a subsequent violation of Section
911-501, or a similar provision of a local ordinance, the
10arresting officer shall have the vehicle which the person was
11operating at the time of the arrest impounded for a period of
1212 hours after the time of arrest. However, such vehicle may be
13released by the arresting law enforcement agency prior to the
14end of the impoundment period if:
15        (1) the vehicle was not owned by the person under
16    arrest, and the lawful owner requesting such release
17    possesses a valid operator's license, proof of ownership,
18    and would not, as determined by the arresting law
19    enforcement agency, indicate a lack of ability to operate
20    a motor vehicle in a safe manner, or who would otherwise,
21    by operating such motor vehicle, be in violation of this
22    Code; or
23        (2) the vehicle is owned by the person under arrest,
24    and the person under arrest gives permission to another
25    person to operate such vehicle, provided however, that the
26    other person possesses a valid operator's license and

 

 

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1    would not, as determined by the arresting law enforcement
2    agency, indicate a lack of ability to operate a motor
3    vehicle in a safe manner or who would otherwise, by
4    operating such motor vehicle, be in violation of this
5    Code.
6    (e-5) Whenever a registered owner of a vehicle is taken
7into custody for operating the vehicle in violation of Section
811-501 of this Code or a similar provision of a local ordinance
9or Section 6-303 of this Code, a law enforcement officer may
10have the vehicle immediately impounded for a period not less
11than:
12        (1) 24 hours for a second violation of Section 11-501
13    of this Code or a similar provision of a local ordinance or
14    Section 6-303 of this Code or a combination of these
15    offenses; or
16        (2) 48 hours for a third violation of Section 11-501
17    of this Code or a similar provision of a local ordinance or
18    Section 6-303 of this Code or a combination of these
19    offenses.
20    The vehicle may be released sooner if the vehicle is owned
21by the person under arrest and the person under arrest gives
22permission to another person to operate the vehicle and that
23other person possesses a valid operator's license and would
24not, as determined by the arresting law enforcement agency,
25indicate a lack of ability to operate a motor vehicle in a safe
26manner or would otherwise, by operating the motor vehicle, be

 

 

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1in violation of this Code.
2    (f) Except as provided in Chapter 18a of this Code, the
3owner or lessor of privately owned real property within this
4State, or any person authorized by such owner or lessor, or any
5law enforcement agency in the case of publicly owned real
6property may cause any motor vehicle abandoned or left
7unattended upon such property without permission to be removed
8by a towing service without liability for the costs of
9removal, transportation or storage or damage caused by such
10removal, transportation or storage. The towing or removal of
11any vehicle from private property without the consent of the
12registered owner or other legally authorized person in control
13of the vehicle is subject to compliance with the following
14conditions and restrictions:
15        1. Any towed or removed vehicle must be stored at the
16    site of the towing service's place of business. The site
17    must be open during business hours, and for the purpose of
18    redemption of vehicles, during the time that the person or
19    firm towing such vehicle is open for towing purposes.
20        2. The towing service shall within 30 minutes of
21    completion of such towing or removal, notify the law
22    enforcement agency having jurisdiction of such towing or
23    removal, and the make, model, color, and license plate
24    number of the vehicle, and shall obtain and record the
25    name of the person at the law enforcement agency to whom
26    such information was reported.

 

 

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1        3. If the registered owner or legally authorized
2    person entitled to possession of the vehicle shall arrive
3    at the scene prior to actual removal or towing of the
4    vehicle, the vehicle shall be disconnected from the tow
5    truck and that person shall be allowed to remove the
6    vehicle without interference, upon the payment of a
7    reasonable service fee of not more than one-half one half
8    the posted rate of the towing service as provided in
9    paragraph 6 of this subsection, for which a receipt shall
10    be given.
11        4. The rebate or payment of money or any other
12    valuable consideration from the towing service or its
13    owners, managers, or employees to the owners or operators
14    of the premises from which the vehicles are towed or
15    removed, for the privilege of removing or towing those
16    vehicles, is prohibited. Any individual who violates this
17    paragraph shall be guilty of a Class A misdemeanor.
18        5. Except for property appurtenant to and obviously a
19    part of a single family residence, and except for
20    instances where notice is personally given to the owner or
21    other legally authorized person in control of the vehicle
22    that the area in which that vehicle is parked is reserved
23    or otherwise unavailable to unauthorized vehicles and they
24    are subject to being removed at the owner or operator's
25    expense, any property owner or lessor, prior to towing or
26    removing any vehicle from private property without the

 

 

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1    consent of the owner or other legally authorized person in
2    control of that vehicle, must post a notice meeting the
3    following requirements:
4            a. Except as otherwise provided in subparagraph
5        a.1 of this subdivision (f)5, the notice must be
6        prominently placed at each driveway access or curb cut
7        allowing vehicular access to the property within 5
8        feet from the public right-of-way line. If there are
9        no curbs or access barriers, the sign must be posted
10        not less than one sign each 100 feet of lot frontage.
11            a.1. In a municipality with a population of less
12        than 250,000, as an alternative to the requirement of
13        subparagraph a of this subdivision (f)5, the notice
14        for a parking lot contained within property used
15        solely for a 2-family, 3-family, or 4-family residence
16        may be prominently placed at the perimeter of the
17        parking lot, in a position where the notice is visible
18        to the occupants of vehicles entering the lot.
19            b. The notice must indicate clearly, in not less
20        than 2 inch high light-reflective letters on a
21        contrasting background, that unauthorized vehicles
22        will be towed away at the owner's expense.
23            c. The notice must also provide the name and
24        current telephone number of the towing service towing
25        or removing the vehicle.
26            d. The sign structure containing the required

 

 

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1        notices must be permanently installed with the bottom
2        of the sign not less than 4 feet above ground level,
3        and must be continuously maintained on the property
4        for not less than 24 hours prior to the towing or
5        removing of any vehicle.
6        6. Any towing service that tows or removes vehicles
7    and proposes to require the owner, operator, or person in
8    control of the vehicle to pay the costs of towing and
9    storage prior to redemption of the vehicle must file and
10    keep on record with the local law enforcement agency a
11    complete copy of the current rates to be charged for such
12    services, and post at the storage site an identical rate
13    schedule and any written contracts with property owners,
14    lessors, or persons in control of property which authorize
15    them to remove vehicles as provided in this Section. The
16    towing and storage charges, however, shall not exceed the
17    maximum allowed by the Illinois Commerce Commission under
18    Section 18a-200.
19        7. No person shall engage in the removal of vehicles
20    from private property as described in this Section without
21    having an Illinois Commerce Commission license in good
22    standing and shall file filing a notice of intent in each
23    community where he intends to do such removal, and such
24    notice shall be filed at least 7 days before commencing
25    such towing.
26        8. No removal of a vehicle from private property shall

 

 

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1    be done except upon express written instructions of the
2    owners or persons in charge of the private property upon
3    which the vehicle is said to be trespassing. The express
4    written instructions shall be kept by the towing service.
5        9. Vehicle entry for the purpose of removal shall be
6    allowed with reasonable care on the part of the person or
7    firm towing the vehicle. Such person or firm shall be
8    liable for any damages occasioned to the vehicle if such
9    entry is not in accordance with the standards of
10    reasonable care.
11        9.5. Except as authorized by a law enforcement
12    officer, no towing service shall engage in the removal of
13    a commercial motor vehicle that requires a commercial
14    driver's license to operate by operating the vehicle under
15    its own power on a highway.
16        10. When a vehicle has been towed or removed pursuant
17    to this Section, it must be released to its owner,
18    custodian, agent, or lienholder within one-half one half
19    hour after requested, if such request is made during
20    business hours. Any vehicle owner, custodian, agent, or
21    lienholder shall have the right to inspect the vehicle
22    before accepting its return, and no release or waiver of
23    any kind which would release the towing service from
24    liability for damages incurred during the towing and
25    storage may be required from any vehicle owner or other
26    legally authorized person as a condition of release of the

 

 

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1    vehicle. A detailed, signed receipt showing the legal name
2    of the towing service must be given to the person paying
3    towing or storage charges at the time of payment, whether
4    requested or not.
5        This Section shall not apply to law enforcement,
6    firefighting, rescue, ambulance, or other emergency
7    vehicles which are marked as such or to property owned by
8    any governmental entity.
9        When an authorized person improperly causes a motor
10    vehicle to be removed, such person shall be liable to the
11    owner or lessee of the vehicle for the cost of or removal,
12    transportation and storage, any damages resulting from the
13    removal, transportation and storage, attorney's fees fee
14    and court costs.
15        Any towing or storage charges accrued shall be payable
16    in cash or by cashier's check, certified check, debit
17    card, credit card, or wire transfer, at the option of the
18    party taking possession of the vehicle.
19        11. Towing companies shall also provide insurance
20    coverage for areas where vehicles towed under the
21    provisions of this Chapter will be impounded or otherwise
22    stored, and shall adequately cover loss by fire, theft, or
23    other risks.
24    Any person who fails to comply with the conditions and
25restrictions of this subsection shall be guilty of a Class C
26misdemeanor and shall be fined not less than $100 nor more than

 

 

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1$500. Any towing service found guilty shall surrender its
2license plates for one year.
3    (g)(1) When a vehicle is determined to be a hazardous
4dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
5Illinois Municipal Code or Section 5-12002.1 of the Counties
6Code, its removal and impoundment by a towing service may be
7authorized by a law enforcement agency with appropriate
8jurisdiction.
9    (2) When a vehicle removal from either public or private
10property is authorized by a law enforcement agency, the owner
11of the vehicle shall be responsible for all towing and storage
12charges.
13    (3) Vehicles removed from public or private property and
14stored by a commercial vehicle relocator or any other towing
15service authorized by a law enforcement agency in compliance
16with this Section and Sections 4-201 and 4-202 of this Code, or
17at the request of the vehicle owner or operator, shall be
18subject to a possessor lien for services pursuant to the Labor
19and Storage Lien (Small Amount) Act. The provisions of Section
201 of that Act relating to notice and implied consent shall be
21deemed satisfied by compliance with Section 18a-302 and
22subsection (6) of Section 18a-300. In no event shall such lien
23be greater than the rate or rates established in accordance
24with subsection (6) of Section 18a-200 of this Code. In no
25event shall such lien be increased or altered to reflect any
26charge for services or materials rendered in addition to those

 

 

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1authorized by this Code. Every such lien shall be payable in
2cash or by cashier's check, certified check, debit card,
3credit card, or wire transfer, at the option of the party
4taking possession of the vehicle.
5    (4) Any personal property belonging to the vehicle owner
6in a vehicle subject to a lien under this subsection (g) shall
7likewise be subject to that lien, excepting only: child
8restraint systems as defined in Section 4 of the Child
9Passenger Protection Act and other child booster seats;
10eyeglasses; food; medicine; perishable property; any
11operator's licenses; any cash, credit cards, or checks or
12checkbooks; any wallet, purse, or other property containing
13any operator's license or other identifying documents or
14materials, cash, credit cards, checks, or checkbooks; and any
15personal property belonging to a person other than the vehicle
16owner if that person provides adequate proof that the personal
17property belongs to that person. The spouse, child, mother,
18father, brother, or sister of the vehicle owner may claim
19personal property excepted under this paragraph (4) if the
20person claiming the personal property provides the commercial
21vehicle relocator or towing service with the authorization of
22the vehicle owner.
23    (5) This paragraph (5) applies only in the case of a
24vehicle that is towed as a result of being involved in a crash.
25In addition to the personal property excepted under paragraph
26(4), all other personal property in a vehicle subject to a lien

 

 

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1under this subsection (g) is exempt from that lien and may be
2claimed by the vehicle owner if the vehicle owner provides the
3commercial vehicle relocator or towing service with proof that
4the vehicle owner has an insurance policy covering towing and
5storage fees. The spouse, child, mother, father, brother, or
6sister of the vehicle owner may claim personal property in a
7vehicle subject to a lien under this subsection (g) if the
8person claiming the personal property provides the commercial
9vehicle relocator or towing service with the authorization of
10the vehicle owner and proof that the vehicle owner has an
11insurance policy covering towing and storage fees. The
12regulation of liens on personal property and exceptions to
13those liens in the case of vehicles towed as a result of being
14involved in a crash are exclusive powers and functions of the
15State. A home rule unit may not regulate liens on personal
16property and exceptions to those liens in the case of vehicles
17towed as a result of being involved in a crash. This paragraph
18(5) is a denial and limitation of home rule powers and
19functions under subsection (h) of Section 6 of Article VII of
20the Illinois Constitution.
21    (6) No lien under this subsection (g) shall: exceed $2,000
22in its total amount; or be increased or altered to reflect any
23charge for services or materials rendered in addition to those
24authorized by this Code.
25    (h) Whenever a peace officer issues a citation to a driver
26for a violation of subsection (a) of Section 11-506 of this

 

 

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1Code, the arresting officer may have the vehicle which the
2person was operating at the time of the arrest impounded for a
3period of 5 days after the time of arrest. An impounding agency
4shall release a motor vehicle impounded under this subsection
5(h) to the registered owner of the vehicle under any of the
6following circumstances:
7        (1) if If the vehicle is a stolen vehicle; or
8        (2) if If the person ticketed for a violation of
9    subsection (a) of Section 11-506 of this Code was not
10    authorized by the registered owner of the vehicle to
11    operate the vehicle at the time of the violation; or
12        (3) if If the registered owner of the vehicle was
13    neither the driver nor a passenger in the vehicle at the
14    time of the violation or was unaware that the driver was
15    using the vehicle to engage in street racing; or
16        (4) if If the legal owner or registered owner of the
17    vehicle is a rental car agency; or
18        (5) if If, prior to the expiration of the impoundment
19    period specified above, the citation is dismissed or the
20    defendant is found not guilty of the offense.
21    (i) Except for vehicles exempted under subsection (b) of
22Section 7-601 of this Code, whenever a law enforcement officer
23issues a citation to a driver for a violation of Section 3-707
24of this Code, and the driver has a prior conviction for a
25violation of Section 3-707 of this Code in the past 12 months,
26the arresting officer shall authorize the removal and

 

 

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1impoundment of the vehicle by a towing service.
2(Source: P.A. 102-982, eff. 7-1-23; revised 8-26-22.)
 
3    (625 ILCS 5/4-203.5)
4    Sec. 4-203.5. Tow rotation list.
5    (a) Each law enforcement agency whose duties include the
6patrol of highways in this State shall maintain a tow rotation
7list which shall be used by law enforcement officers
8authorizing the tow of a vehicle within the jurisdiction of
9the law enforcement agency. To ensure adequate response time,
10a law enforcement agency may maintain multiple tow rotation
11lists, with each tow rotation list covering tows authorized in
12different geographic locations within the jurisdiction of the
13law enforcement agency. A towing service may be included on
14more than one tow rotation list.
15    (b) Any towing service operating within the jurisdiction
16of a law enforcement agency may submit an application in a form
17and manner prescribed by the law enforcement agency for
18inclusion on the law enforcement agency's tow rotation list.
19The towing service does not need to be located within the
20jurisdiction of the law enforcement agency. To be included on
21a tow rotation list the towing service must meet the following
22requirements:
23        (1) possess a license permitting the towing service to
24    operate in every unit of local government in the law
25    enforcement agency's jurisdiction that requires a license

 

 

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1    for the operation of a towing service;
2        (2) if required by the law enforcement agency for
3    inclusion on that law enforcement agency's tow rotation
4    list, each owner of the towing service and each person
5    operating a vehicle on behalf of the towing service shall
6    submit his or her fingerprints to the Illinois State
7    Police in the form and manner prescribed by the Illinois
8    State Police. These fingerprints should be transmitted
9    through a live scan fingerprint vendor licensed by the
10    Department of Financial and Professional Regulation. These
11    fingerprints shall be checked against the fingerprint
12    records now and hereafter filed in the Illinois State
13    Police and Federal Bureau of Investigation criminal
14    history records databases. The Illinois State Police shall
15    charge a fee for conducting the criminal history record
16    check, which shall be deposited in the State Police
17    Services Fund and shall not exceed the actual cost of the
18    State and national criminal history record check. The
19    Illinois State Police shall furnish, pursuant to positive
20    identification, all Illinois conviction information to the
21    law enforcement agency maintaining the tow rotation list
22    and shall forward the national criminal history record
23    information to the law enforcement agency maintaining the
24    tow rotation list. A person may not own a towing service or
25    operate a vehicle on behalf of a towing service included
26    on a tow rotation list if that person has been convicted

 

 

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1    during the 5 years preceding the application of a criminal
2    offense involving one or more of the following:
3            (A) bodily injury or attempt to inflict bodily
4        injury to another person;
5            (B) theft of property or attempted theft of
6        property; or
7            (C) sexual assault or attempted sexual assault of
8        any kind;
9        (3) each person operating a vehicle on behalf of the
10    towing service must be classified for the type of towing
11    operation he or she shall be performing and the vehicle he
12    or she shall be operating;
13        (4) possess and maintain the following insurance in
14    addition to any other insurance required by law:
15            (A) comprehensive automobile liability insurance
16        with a minimum combined single limit coverage of
17        $1,000,000;
18            (B) commercial general liability insurance with
19        limits of not less than $1,000,000 per occurrence,
20        $100,000 minimum garage keepers legal liability
21        insurance, and $100,000 minimum on-hook coverage or
22        cargo insurance; and
23            (C) a worker's compensation policy covering every
24        person operating a tow truck on behalf of the towing
25        service, if required under current law;
26        (5) possess a secure parking lot used for short-term

 

 

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1    vehicle storage after a vehicle is towed that is open
2    during business hours and is equipped with security
3    features as required by the law enforcement agency;
4        (6) utilize only vehicles that possess a valid vehicle
5    registration, display a valid Illinois license plate in
6    accordance with Section 5-202 of this Code, and comply
7    with the weight requirements of this Code;
8        (7) every person operating a towing or recovery
9    vehicle on behalf of the towing service must have
10    completed a Traffic Incident Management Training Program
11    approved by the Department of Transportation;
12        (8) hold a valid authority issued to it by the
13    Illinois Commerce Commission;
14        (9) comply with all other applicable federal, State,
15    and local laws; and
16        (10) comply with any additional requirements the
17    applicable law enforcement agency deems necessary.
18    The law enforcement agency may select which towing
19services meeting the requirements of this subsection (b) shall
20be included on a tow rotation list. The law enforcement agency
21may choose to have only one towing service on its tow rotation
22list. Complaints regarding the process for inclusion on a tow
23rotation list or the use of a tow rotation list may be referred
24in writing to the head of the law enforcement agency
25administering that tow rotation list. The head of the law
26enforcement agency shall make the final determination as to

 

 

HB3127- 31 -LRB103 30571 MXP 57006 b

1which qualified towing services shall be included on a tow
2rotation list, and shall not be held liable for the exclusion
3of any towing service from a tow rotation list.
4    (c) Whenever a law enforcement officer initiates a tow of
5a vehicle, the officer shall contact his or her law
6enforcement agency and inform the agency that a tow has been
7authorized. The law enforcement agency shall then select a
8towing service from the law enforcement agency's tow rotation
9list corresponding to the geographical area where the tow was
10authorized, and shall contact that towing service directly by
11phone, computer, or similar means. Towing services shall be
12contacted in the order listed on the appropriate tow rotation
13list, at which point the towing service shall be placed at the
14end of that tow rotation list. In the event a listed towing
15service is not available, the next listed towing service on
16that tow rotation list shall be contacted.
17    (d) A law enforcement agency may deviate from the order
18listed on a tow rotation list if the towing service next on
19that tow rotation list is, in the judgment of the authorizing
20officer or the law enforcement agency making the selection,
21incapable of or not properly equipped for handling a specific
22task related to the tow that requires special skills or
23equipment. A deviation from the order listed on the tow
24rotation list for this reason shall not cause a loss of
25rotation turn by the towing service determined to be incapable
26or not properly equipped for handling the request.

 

 

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1    (e) In the event of an emergency a law enforcement officer
2or agency, taking into account the safety and location of the
3situation, may deviate from the order of the tow rotation list
4and obtain towing service from any source deemed appropriate.
5    (f) If the owner or operator of a disabled vehicle is
6present at the scene of the disabled vehicle, is not under
7arrest, and does not abandon his or her vehicle, and in the law
8enforcement officer's opinion the disabled vehicle is not
9impeding or obstructing traffic, illegally parked, or posing a
10security or safety risk, the law enforcement officer shall
11allow the owner of the vehicle to specify a towing service to
12relocate the disabled vehicle. If the owner chooses not to
13specify a towing service, the law enforcement agency shall
14select a towing service for the vehicle as provided in
15subsection (c) of this Section.
16    (g) If a tow operator is present or arrives where a tow is
17needed and it has not been requested by the law enforcement
18agency or the owner or operator, the law enforcement officer,
19unless acting under Section 11-1431 of this Code, shall advise
20the tow operator to leave the scene.
21    (h) (Blank).
22(Source: P.A. 102-538, eff. 8-20-21; 102-759, eff. 1-1-23.)
 
23    (625 ILCS 5/4-204)  (from Ch. 95 1/2, par. 4-204)
24    Sec. 4-204. Police tows; reports, release of vehicles,
25payment. When a vehicle is authorized to be towed away as

 

 

HB3127- 33 -LRB103 30571 MXP 57006 b

1provided in Section 4-202 or 4-203:
2        (a) The authorization, any hold order, and any release
3    shall be in writing, or confirmed in writing, with a copy
4    given to the towing service.
5        (b) The police headquarters or office of the law
6    officer authorizing the towing shall keep and maintain a
7    record of the vehicle towed, listing the color, year of
8    manufacture, manufacturer's trade name, manufacturer's
9    series name, body style, Vehicle Identification Number,
10    license plate or digital license plate year and number and
11    registration sticker or digital registration sticker year
12    and number displayed on the vehicle. The record shall also
13    include the date and hour of tow, location towed from,
14    location towed to, reason for towing, and the name of the
15    officer authorizing the tow, the towing service, Illinois
16    Commerce Commission number, and tow truck plate number..
17        (c) The owner, operator, or other legally entitled
18    person shall be responsible to the towing service for
19    payment of applicable removal, towing, storage, and
20    processing charges and collection costs associated with a
21    vehicle towed or held under order or authorization of a
22    law enforcement agency. If a vehicle towed or held under
23    order or authorization of a law enforcement agency is
24    seized by the ordering or authorizing agency or any other
25    law enforcement or governmental agency and sold, any
26    unpaid removal, towing, storage, and processing charges

 

 

HB3127- 34 -LRB103 30571 MXP 57006 b

1    and collection costs shall be paid to the towing service
2    from the proceeds of the sale. If applicable law provides
3    that the proceeds are to be paid into the treasury of the
4    appropriate civil jurisdiction, then any unpaid removal,
5    towing, storage, and processing charges and collection
6    costs shall be paid to the towing service from the
7    treasury of the civil jurisdiction. That payment shall
8    not, however, exceed the amount of proceeds from the sale,
9    with the balance to be paid by the owner, operator, or
10    other legally entitled person.
11        (d) Upon delivery of a written release order to the
12    towing service, a vehicle subject to a hold order shall be
13    released to the owner, operator, or other legally entitled
14    person upon proof of ownership or other entitlement and
15    upon payment of applicable removal, towing, storage, and
16    processing charges and collection costs.
17(Source: P.A. 101-395, eff. 8-16-19.)
 
18    (625 ILCS 5/4-208)  (from Ch. 95 1/2, par. 4-208)
19    Sec. 4-208. Disposal of unclaimed vehicles.
20    (a) In cities having a population of more than 500,000,
21whenever an abandoned, lost, stolen or unclaimed vehicle, or
22vehicle determined to be a hazardous dilapidated motor vehicle
23pursuant to Section 11-40-3.1 of the Illinois Municipal Code,
24remains unclaimed by the registered owner, lienholder or other
25legally entitled person for a period of 18 days after notice

 

 

HB3127- 35 -LRB103 30571 MXP 57006 b

1has been given under Sections 4-205 and 4-206 of this Code, if
2during that 18 days the possessor of the vehicle has sent an
3additional notice by first class mail to the registered owner,
4lienholder, or other legally entitled person, the vehicle
5shall be disposed, pursuant to the provisions of the
6"Municipal purchasing act for cities of 500,000 or more
7population", to a person licensed as an automotive parts
8recycler, rebuilder or scrap processor under Chapter 5 of this
9Code. With respect to any vehicle that has been booted,
10impounded, or both in accordance with subsection (c) of
11Section 11-208.3, a city with a population over 500,000 may
12establish a program whereby the registered owner, lienholder,
13or other legally entitled person is entitled to any proceeds
14from the disposition of the vehicle, less any reasonable
15storage charges, administrative fees, booting fees, towing
16fees, and parking and compliance fines and penalties.
17    (b) Except as provided in Section 4-208 for cities with
18more than 500,000 inhabitants, when an abandoned, lost, stolen
19or unclaimed vehicle 7 years of age or newer remains unclaimed
20by the registered owner, lienholder or other legally entitled
21persons for a period of 30 days after notice has been given as
22provided in Sections 4-205 and 4-206 of this Code, the law
23enforcement agency or towing service having possession of the
24vehicle shall cause it to be sold at public auction to a person
25licensed as an automotive parts recycler, rebuilder or scrap
26processor under Chapter 5 of this Code or the towing operator

 

 

HB3127- 36 -LRB103 30571 MXP 57006 b

1which towed the vehicle. Notice of the time and place of the
2sale shall be posted in a conspicuous place for at least 10
3days prior to the sale on the premises where the vehicle has
4been impounded. At least 10 days prior to the sale, the law
5enforcement agency where the vehicle is impounded, or the
6towing service where the vehicle is impounded, shall cause a
7notice of the time and place of the sale to be sent by
8certified mail to the registered owner, lienholder, or other
9legally entitled persons. Notice as provided in Sections 4-205
10and 4-206 of this Code and as provided in this subsection (b)
11shall state the time and place of sale and shall contain a
12complete description of the vehicle to be sold and what steps
13must be taken by any legally entitled person to reclaim the
14vehicle.
15    (c) If an abandoned, lost, stolen, or unclaimed vehicle
16displays dealer plates, notice under this Section and Section
174-209 of this Code shall be sent to both the dealer and the
18registered owner, lienholder, or other legally entitled
19persons.
20    (d) In those instances where the certified notification
21specified in Sections 4-205 and 4-206 of this Code has been
22returned by the postal authorities to the law enforcement
23agency or towing service, the sending of a second certified
24notice will not be required.
25(Source: P.A. 94-650, eff. 1-1-06.)
 

 

 

HB3127- 37 -LRB103 30571 MXP 57006 b

1    (625 ILCS 5/4-209)  (from Ch. 95 1/2, par. 4-209)
2    Sec. 4-209. Disposal of unclaimed vehicles more than 7
3years of age; disposal of abandoned or unclaimed vehicles
4without notice.
5    (a) When the identity of the registered owner, lienholder,
6or other legally entitled persons of an abandoned, lost, or
7unclaimed vehicle of 7 years of age or newer cannot be
8determined by any means provided for in this Chapter, the
9vehicle may be sold as provided in Section 4-208 without
10notice to any person whose identity cannot be determined.
11    (b) When an abandoned vehicle of more than 7 years of age
12is impounded as specified by this Chapter, or when any such
13vehicle is towed at the request or with the consent of the
14owner or operator and is subsequently abandoned, it will be
15kept in custody or storage for a minimum of 10 days for the
16purpose of determining the identity of the registered owner,
17lienholder, or other legally entitled persons and contacting
18the registered owner, lienholder, or other legally entitled
19persons by the U. S. Mail, public service or in person for a
20determination of disposition; and, an examination of the
21Illinois State Police stolen vehicle files for theft and
22wanted information. At the expiration of the 10 day period,
23without the benefit of disposition information being received
24from the registered owner, lienholder, or other legally
25entitled persons, the vehicle may be disposed of in either of
26the following ways:

 

 

HB3127- 38 -LRB103 30571 MXP 57006 b

1        (1) The law enforcement agency having jurisdiction
2    will authorize the disposal of the vehicle as junk or
3    salvage.
4        (2) The towing service may sell the vehicle in the
5    manner provided in Section 4-208 of this Code, provided
6    that this paragraph (2) shall not apply to vehicles towed
7    by order or authorization of a law enforcement agency.
8    (c) A vehicle classified as an antique vehicle,
9expanded-use antique vehicle, custom vehicle, or street rod
10may however be sold to a person desiring to restore it.
11(Source: P.A. 102-538, eff. 8-20-21.)
 
12    (625 ILCS 5/4-214)  (from Ch. 95 1/2, par. 4-214)
13    Sec. 4-214. Violations of Section 4-201.
14    (a) Any person who violates Section 4-201 of this Code or
15who aids and abets in that violation:
16        (1) shall be subject to a mandatory fine of $200 and
17    shall surrender the person's Illinois Commission Commerce
18    license and tow truck plates for one year; and
19        (2) shall be required by the court to make a
20    disposition on the abandoned or unclaimed vehicle and pay
21    all towing, storage, and processing charges and collection
22    costs pursuant to Section 4-203, subsections (a) and (e).
23    (b) When a vehicle is abandoned, it shall be presumed that
24the last registered owner is responsible for the abandonment
25and shall be liable for all towing, storage, and processing

 

 

HB3127- 39 -LRB103 30571 MXP 57006 b

1charges and collection costs, less any amounts realized in the
2disposal of the vehicle. The last registered owner's liability
3for storage fees may not exceed a maximum of 30 days' storage
4fees.
5    The presumption established under this subsection may be
6rebutted by a showing that, prior to the time of the tow:
7        (1) a report of vehicle theft was filed with respect
8    to the vehicle; or
9        (2) the vehicle was sold or transferred and the last
10    registered owner provides the towing service with the
11    correct identity and address of the new owner at the time
12    of the sale or transfer.
13    If the presumption established under this subsection is
14rebutted, the person responsible for theft of the vehicle or
15to whom the vehicle was sold or transferred is liable for all
16towing, storage, and processing charges and collection costs.
17(Source: P.A. 89-433, eff. 12-15-95.)
 
18    Section 95. No acceleration or delay. Where this Act makes
19changes in a statute that is represented in this Act by text
20that is not yet or no longer in effect (for example, a Section
21represented by multiple versions), the use of that text does
22not accelerate or delay the taking effect of (i) the changes
23made by this Act or (ii) provisions derived from any other
24Public Act.
 
25    Section 99. Effective date. This Act takes effect upon

 

 

HB3127- 40 -LRB103 30571 MXP 57006 b

1becoming law.