Public Act 098-0518
 
SB2154 EnrolledLRB098 08299 MLW 38402 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Section 11-208.7 as follows:
 
    (625 ILCS 5/11-208.7)
    Sec. 11-208.7. Administrative  fees and procedures for 
impounding vehicles for specified violations.
    (a) Any municipality may, consistent with this Section, 
provide by ordinance procedures for the release of properly 
impounded vehicles and for the imposition of a reasonable 
administrative fee related to its administrative and 
processing costs associated with the investigation, arrest, 
and detention of an offender, or the removal, impoundment, 
storage, and release of the vehicle. The administrative fee 
imposed by the municipality may be in addition to any fees

charged for the towing and storage of an impounded vehicle. The 
administrative fee shall be waived by the municipality upon 
verifiable proof that the vehicle was stolen at the time the 
vehicle was impounded.
    (b) Any ordinance establishing procedures for the release 
of properly impounded vehicles under this Section may impose 
fees for the following violations:
        (1)   operation or use of a motor vehicle in the 
    commission of, or in the attempt to commit, an offense for 
    which a motor vehicle may be seized and forfeited pursuant 
    to Section 36-1 of the Criminal Code of 1961; or
        (2)  driving under the influence of alcohol, another 
    drug or drugs, an intoxicating compound or compounds, or 
    any combination thereof, in violation of Section 11-501 of 
    this Code; or
        (3) operation or use of a motor vehicle in the 
    commission of, or in the attempt to commit, a felony or in 
    violation of the Cannabis Control Act; or
        (4) operation or use of a motor vehicle in the 
    commission of, or in the attempt to commit, an offense in 
    violation of the Illinois Controlled Substances Act; or
        (5)  operation or use of a motor vehicle in the 
    commission of, or in the attempt to commit, an offense in 
    violation of Section 24-1, 24-1.5, or 24-3.1 of the 
    Criminal Code of 1961; or
        (6)  driving while a driver's license, permit, or 
    privilege to operate a motor vehicle is suspended or 
    revoked pursuant to Section 6-303 of this Code; except that 
    vehicles shall not be subjected to seizure or impoundment 
    if the suspension is for an unpaid citation (parking or 
    moving) or due to failure to comply with emission testing; 
    or
        (7) operation or use of a motor vehicle while 
    soliciting, possessing, or attempting to solicit or 
    possess cannabis or a controlled substance, as defined by 
    the Cannabis Control Act or the Illinois Controlled 
    Substances Act; or
        (8) operation or use of a motor vehicle with an expired 
    driver's license, in violation of Section 6-101 of this 
    Code, if the period of expiration is greater than one year; 
    or
        (9)  operation or use of a motor vehicle without ever 
    having been issued a driver's license or permit, in 
    violation of Section 6-101 of this Code, or operating a 
    motor vehicle without ever having been issued a driver's 
    license or permit due to a person's age; or
        (10) operation or use of a motor vehicle by a person 
    against whom a warrant has been issued by a circuit clerk 
    in Illinois for failing to answer charges that the driver 
    violated Section 6-101, 6-303, or 11-501 of this Code; or
        (11) operation or use of a motor vehicle in the 
    commission of, or in the attempt to commit, an offense in 
    violation of Article 16 or 16A of the Criminal Code of 
    1961; or 
        (12) operation or use of a motor vehicle in the 
    commission of, or in the attempt to commit, any other

    misdemeanor or felony offense in violation of the Criminal 
    Code of 1961, when so provided by
local ordinance; or . 
        (13) operation or use of a motor vehicle in violation 
    of Section 11-503 of this Code: 
            (A) while the vehicle is part of a funeral 
        procession; or 
            (B) in a manner that interferes with a funeral 
        procession. 
    (c) The following shall apply to any fees imposed for 
administrative and processing costs pursuant to subsection 
(b):
        (1)  All administrative fees and towing and storage 
    charges shall be imposed on the registered owner of the 
    motor vehicle or the agents of that owner.
        (2) The fees shall be in addition to (i) any other 
    penalties that may be assessed by a court of law for the 
    underlying violations; and (ii) any towing or storage fees, 
    or both, charged by the towing company.
        (3) The fees shall be uniform for all similarly 
    situated vehicles.
        (4) The fees shall be collected by and paid to the 
    municipality imposing the fees.
        (5) The towing or storage fees, or both, shall be 
    collected by and paid to the person, firm, or entity that 
    tows and stores the impounded vehicle. 
    (d) Any ordinance establishing procedures for the release 
of properly impounded vehicles under this Section shall provide 
for an opportunity for a hearing, as provided in subdivision 
(b)(4) of Section 11-208.3 of this Code, and for the release of 
the vehicle to the owner of record, lessee, or a lienholder of 
record upon payment of all administrative fees and towing and 
storage fees.
    (e) Any ordinance establishing procedures for the 
impoundment
and release of vehicles under this Section shall 
include the following provisions concerning notice of 
impoundment: 
        (1) Whenever
a police officer has cause to believe that 
    a motor vehicle is subject to impoundment, the officer

    shall provide for the towing of the vehicle to a facility 
    authorized by the municipality.
        (2) At the
time the vehicle is towed, the municipality 
    shall notify or make a reasonable attempt to notify the

    owner, lessee, or person identifying himself or herself as 
    the owner or lessee of the vehicle, or any person
who is 
    found to be in control of the vehicle at the time of the 
    alleged offense, of the fact of the
seizure, and of the 
    vehicle owner's or lessee's right to an administrative 
    hearing.
        (3) The municipality shall
also provide notice that the 
    motor vehicle will remain impounded pending the completion 
    of an
administrative hearing, unless the owner or lessee of 
    the vehicle or a lienholder posts with the
municipality a 
    bond equal to the administrative fee as provided by 
    ordinance and pays for all
towing and storage charges.
    (f) Any ordinance establishing procedures for the 
impoundment and
release of vehicles under this Section shall 
include a provision providing that the
registered owner or 
lessee of the vehicle and any lienholder of record shall be 
provided with a
notice of hearing. The notice shall:
        (1) be served upon the owner, lessee, and any 
    lienholder of record either by personal service or by first 
    class mail to the interested party's address as registered 
    with the Secretary of State;
        (2) be served upon interested parties within 10 days 
    after a vehicle is impounded by the municipality; and
        (3) contain the date, time, and location of the 
    administrative hearing. An
initial hearing shall be 
    scheduled and convened no later than 45 days after the date 
    of
the mailing of the notice of hearing.
    (g) In addition to the requirements contained in

subdivision (b)(4) of Section 11-208.3 of this Code relating to 
administrative hearings, any ordinance providing for the 
impoundment
and release of vehicles under this Section shall 
include the following requirements concerning administrative 
hearings:
        (1) administrative hearings shall be conducted by a 
    hearing officer who is an attorney licensed to practice law 
    in this State for a minimum of 3 years;
        (2) at the conclusion of the administrative hearing, 
    the hearing officer shall issue
a written decision either 
    sustaining or overruling the vehicle impoundment;
        (3) if the basis for the vehicle
impoundment is 
    sustained by the administrative hearing officer, any 
    administrative fee posted to
secure the release of the 
    vehicle shall be forfeited to the municipality;
        (4) all final decisions of the administrative hearing 
    officer shall be subject to
review under the provisions of 
    the Administrative Review Law; and
        (5) unless the administrative hearing
officer 
    overturns the basis for the vehicle impoundment, no vehicle 
    shall be released to the owner, lessee, or lienholder of 
    record until
all administrative fees and towing and storage 
    charges are paid.
    (h) Vehicles not retrieved from the towing facility or 
storage facility
within 35 days after the administrative 
hearing officer issues a written decision shall be deemed 
abandoned and disposed of in accordance with the provisions of 
Article II of Chapter
4 of this Code.
    (i) Unless stayed by a court of competent jurisdiction, any 
fine, penalty, or administrative fee imposed under this
Section 
which remains unpaid in whole or in part after the expiration 
of the deadline for seeking judicial
review under the 
Administrative Review Law may be enforced in the same manner as 
a judgment entered by a court of
competent jurisdiction.

(Source: P.A. 97-109, eff. 1-1-12.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.