Sen. Bill Cunningham
Filed: 4/5/2024
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1 | AMENDMENT TO SENATE BILL 2654 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 2654, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following: | ||||||
5 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
6 | changing Sections 4-203 and 4-204 as follows: | ||||||
7 | (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203) | ||||||
8 | Sec. 4-203. Removal of motor vehicles or other vehicles; | ||||||
9 | towing or hauling away. | ||||||
10 | (a) When a vehicle is abandoned, or left unattended, on a | ||||||
11 | toll highway, interstate highway, or expressway for 2 hours or | ||||||
12 | more, its removal by a towing service may be authorized by a | ||||||
13 | law enforcement agency having jurisdiction. | ||||||
14 | (b) When a vehicle is abandoned on a highway in an urban | ||||||
15 | district for 10 hours or more, its removal by a towing service | ||||||
16 | may be authorized by a law enforcement agency having |
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1 | jurisdiction. | ||||||
2 | (c) When a vehicle is abandoned or left unattended on a | ||||||
3 | highway other than a toll highway, interstate highway, or | ||||||
4 | expressway, outside of an urban district for 24 hours or more, | ||||||
5 | its removal by a towing service may be authorized by a law | ||||||
6 | enforcement agency having jurisdiction. | ||||||
7 | (d) When an abandoned, unattended, wrecked, burned, or | ||||||
8 | partially dismantled vehicle is creating a traffic hazard | ||||||
9 | because of its position in relation to the highway or its | ||||||
10 | physical appearance is causing the impeding of traffic, its | ||||||
11 | immediate removal from the highway or private property | ||||||
12 | adjacent to the highway by a towing service may be authorized | ||||||
13 | by a law enforcement agency having jurisdiction. | ||||||
14 | (e) Whenever a peace officer reasonably believes that a | ||||||
15 | person under arrest for a violation of Section 11-501 of this | ||||||
16 | Code or a similar provision of a local ordinance is likely, | ||||||
17 | upon release, to commit a subsequent violation of Section | ||||||
18 | 11-501, or a similar provision of a local ordinance, the | ||||||
19 | arresting officer shall have the vehicle which the person was | ||||||
20 | operating at the time of the arrest impounded for a period of | ||||||
21 | 12 hours after the time of arrest. However, such vehicle may be | ||||||
22 | released by the arresting law enforcement agency prior to the | ||||||
23 | end of the impoundment period if: | ||||||
24 | (1) the vehicle was not owned by the person under | ||||||
25 | arrest, and the lawful owner requesting such release | ||||||
26 | possesses a valid operator's license, proof of ownership, |
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1 | and would not, as determined by the arresting law | ||||||
2 | enforcement agency, indicate a lack of ability to operate | ||||||
3 | a motor vehicle in a safe manner, or who would otherwise, | ||||||
4 | by operating such motor vehicle, be in violation of this | ||||||
5 | Code; or | ||||||
6 | (2) the vehicle is owned by the person under arrest, | ||||||
7 | and the person under arrest gives permission to another | ||||||
8 | person to operate such vehicle, provided however, that the | ||||||
9 | other person possesses a valid operator's license and | ||||||
10 | would not, as determined by the arresting law enforcement | ||||||
11 | agency, indicate a lack of ability to operate a motor | ||||||
12 | vehicle in a safe manner or who would otherwise, by | ||||||
13 | operating such motor vehicle, be in violation of this | ||||||
14 | Code. | ||||||
15 | (e-5) Whenever a registered owner of a vehicle is taken | ||||||
16 | into custody for operating the vehicle in violation of Section | ||||||
17 | 11-501 of this Code or a similar provision of a local ordinance | ||||||
18 | or Section 6-303 of this Code, a law enforcement officer may | ||||||
19 | have the vehicle immediately impounded for a period not less | ||||||
20 | than: | ||||||
21 | (1) 24 hours for a second violation of Section 11-501 | ||||||
22 | of this Code or a similar provision of a local ordinance or | ||||||
23 | Section 6-303 of this Code or a combination of these | ||||||
24 | offenses; or | ||||||
25 | (2) 48 hours for a third violation of Section 11-501 | ||||||
26 | of this Code or a similar provision of a local ordinance or |
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1 | Section 6-303 of this Code or a combination of these | ||||||
2 | offenses. | ||||||
3 | The vehicle may be released sooner if the vehicle is owned | ||||||
4 | by the person under arrest and the person under arrest gives | ||||||
5 | permission to another person to operate the vehicle and that | ||||||
6 | other person possesses a valid operator's license and would | ||||||
7 | not, as determined by the arresting law enforcement agency, | ||||||
8 | indicate a lack of ability to operate a motor vehicle in a safe | ||||||
9 | manner or would otherwise, by operating the motor vehicle, be | ||||||
10 | in violation of this Code. | ||||||
11 | (f) Except as provided in Chapter 18a of this Code, the | ||||||
12 | owner or lessor of privately owned real property within this | ||||||
13 | State, or any person authorized by such owner or lessor, or any | ||||||
14 | law enforcement agency in the case of publicly owned real | ||||||
15 | property may cause any motor vehicle abandoned or left | ||||||
16 | unattended upon such property without permission to be removed | ||||||
17 | by a towing service without liability for the costs of | ||||||
18 | removal, transportation or storage or damage caused by such | ||||||
19 | removal, transportation or storage. The towing or removal of | ||||||
20 | any vehicle from private property without the consent of the | ||||||
21 | registered owner or other legally authorized person in control | ||||||
22 | of the vehicle is subject to compliance with the following | ||||||
23 | conditions and restrictions: | ||||||
24 | 1. Any towed or removed vehicle must be stored at the | ||||||
25 | site of the towing service's place of business. The site | ||||||
26 | must be open during business hours, and for the purpose of |
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1 | redemption of vehicles, during the time that the person or | ||||||
2 | firm towing such vehicle is open for towing purposes. | ||||||
3 | 2. The towing service shall within 30 minutes of | ||||||
4 | completion of such towing or removal, notify the law | ||||||
5 | enforcement agency having jurisdiction of such towing or | ||||||
6 | removal, and the make, model, color, and license plate | ||||||
7 | number of the vehicle, and shall obtain and record the | ||||||
8 | name of the person at the law enforcement agency to whom | ||||||
9 | such information was reported. | ||||||
10 | 3. If the registered owner or legally authorized | ||||||
11 | person entitled to possession of the vehicle shall arrive | ||||||
12 | at the scene prior to actual removal or towing of the | ||||||
13 | vehicle, the vehicle shall be disconnected from the tow | ||||||
14 | truck and that person shall be allowed to remove the | ||||||
15 | vehicle without interference, upon the payment of a | ||||||
16 | reasonable service fee of not more than one-half the | ||||||
17 | posted rate of the towing service as provided in paragraph | ||||||
18 | 6 of this subsection, for which a receipt shall be given. | ||||||
19 | 4. The rebate or payment of money or any other | ||||||
20 | valuable consideration from the towing service or its | ||||||
21 | owners, managers, or employees to the owners or operators | ||||||
22 | of the premises from which the vehicles are towed or | ||||||
23 | removed, for the privilege of removing or towing those | ||||||
24 | vehicles, is prohibited. Any individual who violates this | ||||||
25 | paragraph shall be guilty of a Class A misdemeanor. | ||||||
26 | 5. Except for property appurtenant to and obviously a |
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1 | part of a single family residence, and except for | ||||||
2 | instances where notice is personally given to the owner or | ||||||
3 | other legally authorized person in control of the vehicle | ||||||
4 | that the area in which that vehicle is parked is reserved | ||||||
5 | or otherwise unavailable to unauthorized vehicles and they | ||||||
6 | are subject to being removed at the owner or operator's | ||||||
7 | expense, any property owner or lessor, prior to towing or | ||||||
8 | removing any vehicle from private property without the | ||||||
9 | consent of the owner or other legally authorized person in | ||||||
10 | control of that vehicle, must post a notice meeting the | ||||||
11 | following requirements: | ||||||
12 | a. Except as otherwise provided in subparagraph | ||||||
13 | a.1 of this subdivision (f)5, the notice must be | ||||||
14 | prominently placed at each driveway access or curb cut | ||||||
15 | allowing vehicular access to the property within 5 | ||||||
16 | feet from the public right-of-way line. If there are | ||||||
17 | no curbs or access barriers, the sign must be posted | ||||||
18 | not less than one sign each 100 feet of lot frontage. | ||||||
19 | a.1. In a municipality with a population of less | ||||||
20 | than 250,000, as an alternative to the requirement of | ||||||
21 | subparagraph a of this subdivision (f)5, the notice | ||||||
22 | for a parking lot contained within property used | ||||||
23 | solely for a 2-family, 3-family, or 4-family residence | ||||||
24 | may be prominently placed at the perimeter of the | ||||||
25 | parking lot, in a position where the notice is visible | ||||||
26 | to the occupants of vehicles entering the lot. |
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1 | b. The notice must indicate clearly, in not less | ||||||
2 | than 2 inch high light-reflective letters on a | ||||||
3 | contrasting background, that unauthorized vehicles | ||||||
4 | will be towed away at the owner's expense. | ||||||
5 | c. The notice must also provide the name and | ||||||
6 | current telephone number of the towing service towing | ||||||
7 | or removing the vehicle. | ||||||
8 | d. The sign structure containing the required | ||||||
9 | notices must be permanently installed with the bottom | ||||||
10 | of the sign not less than 4 feet above ground level, | ||||||
11 | and must be continuously maintained on the property | ||||||
12 | for not less than 24 hours prior to the towing or | ||||||
13 | removing of any vehicle. | ||||||
14 | 6. Any towing service that tows or removes vehicles | ||||||
15 | and proposes to require the owner, operator, or person in | ||||||
16 | control of the vehicle to pay the costs of towing and | ||||||
17 | storage prior to redemption of the vehicle must file and | ||||||
18 | keep on record with the local law enforcement agency a | ||||||
19 | complete copy of the current rates to be charged for such | ||||||
20 | services, and post at the storage site an identical rate | ||||||
21 | schedule and any written contracts with property owners, | ||||||
22 | lessors, or persons in control of property which authorize | ||||||
23 | them to remove vehicles as provided in this Section. The | ||||||
24 | towing and storage charges, however, shall not exceed the | ||||||
25 | maximum allowed by the Illinois Commerce Commission under | ||||||
26 | Section 18a-200. |
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1 | 7. No person shall engage in the removal of vehicles | ||||||
2 | from private property as described in this Section without | ||||||
3 | filing a notice of intent in each community where he | ||||||
4 | intends to do such removal, and such notice shall be filed | ||||||
5 | at least 7 days before commencing such towing. | ||||||
6 | 8. No removal of a vehicle from private property shall | ||||||
7 | be done except upon express written instructions of the | ||||||
8 | owners or persons in charge of the private property upon | ||||||
9 | which the vehicle is said to be trespassing. | ||||||
10 | 9. Vehicle entry for the purpose of removal shall be | ||||||
11 | allowed with reasonable care on the part of the person or | ||||||
12 | firm towing the vehicle. Such person or firm shall be | ||||||
13 | liable for any damages occasioned to the vehicle if such | ||||||
14 | entry is not in accordance with the standards of | ||||||
15 | reasonable care. | ||||||
16 | 9.5. Except as authorized by a law enforcement | ||||||
17 | officer, no towing service shall engage in the removal of | ||||||
18 | a commercial motor vehicle that requires a commercial | ||||||
19 | driver's license to operate by operating the vehicle under | ||||||
20 | its own power on a highway. | ||||||
21 | 10. When a vehicle has been towed or removed pursuant | ||||||
22 | to this Section, it must be released to its owner, | ||||||
23 | custodian, agent, or lienholder within one-half hour after | ||||||
24 | requested, if such request is made during business hours. | ||||||
25 | Any vehicle owner, custodian, agent, or lienholder shall | ||||||
26 | have the right to inspect the vehicle before accepting its |
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1 | return, and no release or waiver of any kind which would | ||||||
2 | release the towing service from liability for damages | ||||||
3 | incurred during the towing and storage may be required | ||||||
4 | from any vehicle owner or other legally authorized person | ||||||
5 | as a condition of release of the vehicle. A detailed, | ||||||
6 | signed receipt showing the legal name of the towing | ||||||
7 | service must be given to the person paying towing or | ||||||
8 | storage charges at the time of payment, whether requested | ||||||
9 | or not. | ||||||
10 | This Section shall not apply to law enforcement, | ||||||
11 | firefighting, rescue, ambulance, or other emergency | ||||||
12 | vehicles which are marked as such or to property owned by | ||||||
13 | any governmental entity. | ||||||
14 | When an authorized person improperly causes a motor | ||||||
15 | vehicle to be removed, such person shall be liable to the | ||||||
16 | owner or lessee of the vehicle for the cost of removal, | ||||||
17 | transportation and storage, any damages resulting from the | ||||||
18 | removal, transportation and storage, attorney's fee and | ||||||
19 | court costs. | ||||||
20 | Any towing or storage charges accrued shall be payable | ||||||
21 | in cash or by cashier's check, certified check, debit | ||||||
22 | card, credit card, or wire transfer, at the option of the | ||||||
23 | party taking possession of the vehicle. | ||||||
24 | 11. Towing companies shall also provide insurance | ||||||
25 | coverage for areas where vehicles towed under the | ||||||
26 | provisions of this Chapter will be impounded or otherwise |
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1 | stored, and shall adequately cover loss by fire, theft, or | ||||||
2 | other risks. | ||||||
3 | Any person who fails to comply with the conditions and | ||||||
4 | restrictions of this subsection shall be guilty of a Class C | ||||||
5 | misdemeanor and shall be fined not less than $100 nor more than | ||||||
6 | $500. | ||||||
7 | (g)(1) When a vehicle is determined to be a hazardous | ||||||
8 | dilapidated motor vehicle pursuant to Section 11-40-3.1 of the | ||||||
9 | Illinois Municipal Code or Section 5-12002.1 of the Counties | ||||||
10 | Code, its removal and impoundment by a towing service may be | ||||||
11 | authorized by a law enforcement agency with appropriate | ||||||
12 | jurisdiction. | ||||||
13 | (2) When a vehicle removal from either public or private | ||||||
14 | property is authorized by a law enforcement agency, the owner | ||||||
15 | of the vehicle shall be responsible for all towing and storage | ||||||
16 | charges. | ||||||
17 | (3) Vehicles removed from public or private property and | ||||||
18 | stored by a commercial vehicle relocator or any other towing | ||||||
19 | service authorized by a law enforcement agency in compliance | ||||||
20 | with this Section and Sections 4-201 and 4-202 of this Code, or | ||||||
21 | at the request of the vehicle owner or operator, shall be | ||||||
22 | subject to a possessor lien for services pursuant to the Labor | ||||||
23 | and Storage Lien (Small Amount) Act. The provisions of Section | ||||||
24 | 1 of that Act relating to notice and implied consent shall be | ||||||
25 | deemed satisfied by compliance with Section 18a-302 and | ||||||
26 | subsection (6) of Section 18a-300. In no event shall such lien |
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1 | be greater than the rate or rates established in accordance | ||||||
2 | with subsection (6) of Section 18a-200 of this Code. In no | ||||||
3 | event shall such lien be increased or altered to reflect any | ||||||
4 | charge for services or materials rendered in addition to those | ||||||
5 | authorized by this Code. Every such lien shall be payable in | ||||||
6 | cash or by cashier's check, certified check, debit card, | ||||||
7 | credit card, or wire transfer, at the option of the party | ||||||
8 | taking possession of the vehicle. | ||||||
9 | (4) Any personal property belonging to the vehicle owner | ||||||
10 | in a vehicle subject to a lien under this subsection (g) shall | ||||||
11 | likewise be subject to that lien, excepting only: child | ||||||
12 | restraint systems as defined in Section 4 of the Child | ||||||
13 | Passenger Protection Act and other child booster seats; | ||||||
14 | eyeglasses; food; medicine ; personal medical and health care | ||||||
15 | devices, including hearing instruments ; perishable property; | ||||||
16 | any operator's licenses; any cash, credit cards, or checks or | ||||||
17 | checkbooks; any wallet, purse, or other property containing | ||||||
18 | any operator's licenses, social security cards, license or | ||||||
19 | other identifying documents or materials, cash, credit cards, | ||||||
20 | checks, or checkbooks , or passbooks ; higher education | ||||||
21 | textbooks and study materials; and any personal property | ||||||
22 | belonging to a person other than the vehicle owner if that | ||||||
23 | person provides adequate proof that the personal property | ||||||
24 | belongs to that person. The spouse, child, mother, father, | ||||||
25 | brother, or sister of the vehicle owner may claim personal | ||||||
26 | property excepted under this paragraph (4) if the person |
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1 | claiming the personal property provides the commercial vehicle | ||||||
2 | relocator or towing service with the authorization of the | ||||||
3 | vehicle owner. | ||||||
4 | (5) This paragraph (5) applies only in the case of a | ||||||
5 | vehicle that is towed as a result of being involved in a crash. | ||||||
6 | In addition to the personal property excepted under paragraph | ||||||
7 | (4), all other personal property in a vehicle subject to a lien | ||||||
8 | under this subsection (g) is exempt from that lien and may be | ||||||
9 | claimed by the vehicle owner if the vehicle owner provides the | ||||||
10 | commercial vehicle relocator or towing service with proof that | ||||||
11 | the vehicle owner has an insurance policy covering towing and | ||||||
12 | storage fees. The spouse, child, mother, father, brother, or | ||||||
13 | sister of the vehicle owner may claim personal property in a | ||||||
14 | vehicle subject to a lien under this subsection (g) if the | ||||||
15 | person claiming the personal property provides the commercial | ||||||
16 | vehicle relocator or towing service with the authorization of | ||||||
17 | the vehicle owner and proof that the vehicle owner has an | ||||||
18 | insurance policy covering towing and storage fees. The | ||||||
19 | regulation of liens on personal property and exceptions to | ||||||
20 | those liens in the case of vehicles towed as a result of being | ||||||
21 | involved in a crash are exclusive powers and functions of the | ||||||
22 | State. A home rule unit may not regulate liens on personal | ||||||
23 | property and exceptions to those liens in the case of vehicles | ||||||
24 | towed as a result of being involved in a crash. This paragraph | ||||||
25 | (5) is a denial and limitation of home rule powers and | ||||||
26 | functions under subsection (h) of Section 6 of Article VII of |
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1 | the Illinois Constitution. | ||||||
2 | (6) No lien under this subsection (g) shall: exceed $2,000 | ||||||
3 | in its total amount; or be increased or altered to reflect any | ||||||
4 | charge for services or materials rendered in addition to those | ||||||
5 | authorized by this Code. | ||||||
6 | (h) Whenever a peace officer issues a citation to a driver | ||||||
7 | for a violation of subsection (a) of Section 11-506 of this | ||||||
8 | Code, the arresting officer may have the vehicle which the | ||||||
9 | person was operating at the time of the arrest impounded for a | ||||||
10 | period of 5 days after the time of arrest. An impounding agency | ||||||
11 | shall release a motor vehicle impounded under this subsection | ||||||
12 | (h) to the registered owner of the vehicle under any of the | ||||||
13 | following circumstances: | ||||||
14 | (1) if the vehicle is a stolen vehicle; or | ||||||
15 | (2) if the person ticketed for a violation of | ||||||
16 | subsection (a) of Section 11-506 of this Code was not | ||||||
17 | authorized by the registered owner of the vehicle to | ||||||
18 | operate the vehicle at the time of the violation; or | ||||||
19 | (3) if the registered owner of the vehicle was neither | ||||||
20 | the driver nor a passenger in the vehicle at the time of | ||||||
21 | the violation or was unaware that the driver was using the | ||||||
22 | vehicle to engage in street racing; or | ||||||
23 | (4) if the legal owner or registered owner of the | ||||||
24 | vehicle is a rental car agency; or | ||||||
25 | (5) if, prior to the expiration of the impoundment | ||||||
26 | period specified above, the citation is dismissed or the |
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1 | defendant is found not guilty of the offense. | ||||||
2 | (i) Except for vehicles exempted under subsection (b) of | ||||||
3 | Section 7-601 of this Code, whenever a law enforcement officer | ||||||
4 | issues a citation to a driver for a violation of Section 3-707 | ||||||
5 | of this Code, and the driver has a prior conviction for a | ||||||
6 | violation of Section 3-707 of this Code in the past 12 months, | ||||||
7 | the arresting officer shall authorize the removal and | ||||||
8 | impoundment of the vehicle by a towing service. | ||||||
9 | (j) Notwithstanding any other provision of law, if a | ||||||
10 | person has indicated in a timely filed report to the | ||||||
11 | appropriate law enforcement agency that a vehicle towed | ||||||
12 | pursuant to this Section has been stolen or hijacked then: | ||||||
13 | (1) the person shall not be liable for any | ||||||
14 | governmentally imposed fees, fines, or penalties; and | ||||||
15 | (2) if a vehicle towed pursuant to this Section is | ||||||
16 | registered in Illinois and the name and address of the | ||||||
17 | registered owner of the vehicle is provided or made | ||||||
18 | available to the towing service at the time of the tow, | ||||||
19 | then the towing service must provide written notice of the | ||||||
20 | tow to the registered owner within 2 business days after | ||||||
21 | the vehicle is towed by certified mail, return receipt | ||||||
22 | requested. No storage charges shall accrue if the vehicle | ||||||
23 | is reclaimed by paying recovery and towing charges at the | ||||||
24 | posted rates of the towing service as provided by | ||||||
25 | paragraph 6 of subsection (f) within 7 days after such | ||||||
26 | notice is mailed. If the vehicle is registered in a state |
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1 | other than Illinois, then no storage charges shall accrue | ||||||
2 | if the vehicle is reclaimed by paying recovery and towing | ||||||
3 | charges at the posted rates of the towing service as | ||||||
4 | provided by paragraph 6 of subsection (f) within 7 days | ||||||
5 | after a request for registered owner information is mailed | ||||||
6 | by the towing service, certified mail, return receipt | ||||||
7 | requested, to the applicable administrative agency or | ||||||
8 | office in that state. | ||||||
9 | The towing service shall enjoy a lien to secure payment of | ||||||
10 | charges accrued in compliance with this subsection. | ||||||
11 | (Source: P.A. 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.) | ||||||
12 | (625 ILCS 5/4-204) (from Ch. 95 1/2, par. 4-204) | ||||||
13 | Sec. 4-204. Police tows; reports, release of vehicles, | ||||||
14 | payment. When a vehicle is authorized to be towed away as | ||||||
15 | provided in Section 4-202 or 4-203: | ||||||
16 | (a) A copy of the authorization shall be provided to | ||||||
17 | the towing company within one hour of the authorization. | ||||||
18 | The authorization shall include the name of the registered | ||||||
19 | owner of the vehicle, the mailing address of the | ||||||
20 | registered owner of the vehicle on file with the Secretary | ||||||
21 | of State, any hold order, and any release, except to the | ||||||
22 | extent such information is made available under written | ||||||
23 | agreement with the Secretary of State The authorization, | ||||||
24 | any hold order, and any release shall be in writing, or | ||||||
25 | confirmed in writing, with a copy given to the towing |
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1 | service . | ||||||
2 | (b) The police headquarters or office of the law | ||||||
3 | officer authorizing the towing shall keep and maintain a | ||||||
4 | record of the vehicle towed, listing the color, year of | ||||||
5 | manufacture, manufacturer's trade name, manufacturer's | ||||||
6 | series name, body style, Vehicle Identification Number, | ||||||
7 | license plate or digital license plate year and number and | ||||||
8 | registration sticker or digital registration sticker year | ||||||
9 | and number displayed on the vehicle. The record shall also | ||||||
10 | include the date and hour of tow, location towed from, | ||||||
11 | location towed to, reason for towing and the name of the | ||||||
12 | officer authorizing the tow. | ||||||
13 | (c) The owner, operator, or other legally entitled | ||||||
14 | person shall be responsible to the towing service for | ||||||
15 | payment of applicable removal, towing, storage, and | ||||||
16 | processing charges and collection costs associated with a | ||||||
17 | vehicle towed or held under order or authorization of a | ||||||
18 | law enforcement agency. If a vehicle towed or held under | ||||||
19 | order or authorization of a law enforcement agency is | ||||||
20 | seized by the ordering or authorizing agency or any other | ||||||
21 | law enforcement or governmental agency and sold, any | ||||||
22 | unpaid removal, towing, storage, and processing charges | ||||||
23 | and collection costs shall be paid to the towing service | ||||||
24 | from the proceeds of the sale. If applicable law provides | ||||||
25 | that the proceeds are to be paid into the treasury of the | ||||||
26 | appropriate civil jurisdiction, then any unpaid removal, |
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1 | towing, storage, and processing charges and collection | ||||||
2 | costs shall be paid to the towing service from the | ||||||
3 | treasury of the civil jurisdiction. That payment shall | ||||||
4 | not, however, exceed the amount of proceeds from the sale, | ||||||
5 | with the balance to be paid by the owner, operator, or | ||||||
6 | other legally entitled person. | ||||||
7 | (d) Upon delivery of a written release order to the | ||||||
8 | towing service, a vehicle subject to a hold order shall be | ||||||
9 | released to the owner, operator, or other legally entitled | ||||||
10 | person upon proof of ownership or other entitlement and | ||||||
11 | upon payment of applicable removal, towing, storage, and | ||||||
12 | processing charges and collection costs. | ||||||
13 | (Source: P.A. 101-395, eff. 8-16-19.)". |