HB0447ham001 96TH GENERAL ASSEMBLY

State Government Administration Committee

Filed: 3/11/2009

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1 AMENDMENT TO HOUSE BILL 447

2 AMENDMENT NO. ______. Amend House Bill 447 by replacing

3 everything after the enacting clause with the following:

4 "Section 5. The Illinois Vehicle Code is amended by

5 changing Section 4-205 as follows:

6 (625 ILCS 5/4-205) (from Ch. 95 1/2, par. 4-205)

7 Sec. 4-205. Record searches.

8 (a) When a law enforcement agency authorizing the

9 impounding of a vehicle does not know the identity of the

10 registered owner, lienholder or other legally entitled person,

11 that law enforcement agency will cause the vehicle registration

12 records of the State of Illinois to be searched by the

13 Secretary of State for the purpose of obtaining the required

14 ownership information.

15 (b) The law enforcement agency authorizing the impounding

16 of a vehicle will cause the stolen motor vehicle files of the

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1 State Police to be searched by a directed communication to the

2 State Police for stolen or wanted information on the vehicle.

3 When the State Police files are searched with negative results,

4 the information contained in the National Crime Information

5 Center (NCIC) files will be searched by the State Police. The

6 information determined from these record searches will be

7 returned to the requesting law enforcement agency for that

8 agency's use in sending a notification by certified mail to the

9 registered owner, lienholder and other legally entitled

10 persons advising where the vehicle is held, requesting a

11 disposition be made and setting forth public sale information.

12 Notification shall be sent no later than 10 business days after

13 the date the law enforcement agency impounds or authorizes the

14 impounding of a vehicle, provided that if the law enforcement

15 agency is unable to determine the identity of the registered

16 owner, lienholder or other person legally entitled to ownership

17 of the impounded vehicle within a 10 business day period after

18 impoundment, then notification shall be sent no later than 2

19 days after the date the identity of the registered owner,

20 lienholder or other person legally entitled to ownership of the

21 impounded vehicle is determined. Exceptions to a notification

22 by certified mail to the registered owner, lienholder and other

23 legally entitled persons are set forth in Section 4-209 of this

24 Code.

25 (c) When ownership information is needed for a towing

26 service to give notification as required under this Code, the

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1 towing service may cause the vehicle registration records of

2 the State of Illinois to be searched by the Secretary of State,

3 and in such case, the towing service also shall give notice to

4 all lienholders of record within the time period required for

5 such other notices.

6 (1) The written request of a towing service, in the

7 form and containing the information prescribed by the

8 Secretary of State by rule, may be transmitted to the

9 Secretary of State in person, by U.S. mail or other

10 delivery service, by facsimile transmission, or by other

11 means the Secretary of State deems acceptable.

12 (2) The Secretary of State shall provide the required

13 information, or a statement that the information was not

14 found in the vehicle registration records of the State, by

15 U.S. mail or other delivery service, facsimile

16 transmission, as requested by the towing service, or by

17 other means acceptable to the Secretary of State.

18 (3) In the event the Secretary of State did not find

19 information in the vehicle registration records of the

20 State, and the vehicle is 7 years of age or newer, the

21 towing service shall make a good faith effort to identify

22 the owner of the vehicle by, (i) using the vehicle

23 identification number to conduct a search through a

24 nation-wide, commercial or governmental motor vehicle

25 information service, as approved by the Secretary, to

26 determine in which state the vehicle was last registered or

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1 titled, and (ii) inspecting the vehicle for any evidence of

2 the name or address of the owner or the state of titling or

3 registration.

4 If evidence of the state of titling or registration is

5 found, the motor vehicle department of that state shall be

6 contacted and requested to perform a record search for the

7 name and address of any owner or lienholder. If the name

8 and address of the owner or lienholder is provided by the

9 motor vehicle department of the other state or is found in

10 the vehicle, notice shall be sent to that address.

11 If no evidence of the owner or lienholder is found in

12 the vehicle, and the motor vehicle department of the other

13 state does not provide, within 30 days of the request,

14 information regarding the owner or lienholder, no further

15 notification shall be required.

16 (c-5) The failure to perform the searches required by

17 subsection (c) shall render any subsequent sale voidable by a

18 court of competent jurisdiction.

19 (d) The Secretary of State may prescribe standards and

20 procedures for submission of requests for record searches and

21 replies via computer link.

22 (e) Fees for services provided under this Section shall be

23 in amounts prescribed by the Secretary of State under Section

24 3-821.1 of this Code. Payment may be made by the towing service

25 using cash, any commonly accepted credit card, or any other

26 means of payment deemed acceptable by the Secretary of State.

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1 (Source: P.A. 95-838, eff. 8-15-08.)

2 Section 10. The Labor and Storage Lien Act is amended by

3 adding Section 6.5 as follows:

4 (770 ILCS 45/6.5 new)

5 Sec. 6.5. Motor vehicle record searches.

6 (a) Prior to selling a motor vehicle pursuant to this Act,

7 the person seeking to foreclose the lien shall contact the

8 Secretary of State and request that the Secretary search the

9 vehicle registration records of the State of Illinois for

10 information relating to the owner of the vehicle and

11 lienholders of record.

12 (1) The request shall be in writing in the form and

13 containing the information prescribed by the Secretary of

14 State by rule, and may be transmitted to the Secretary of

15 State in person, by U.S. mail or other delivery service, by

16 facsimile transmission, or by other means the Secretary of

17 State deems acceptable.

18 (2) The Secretary of State shall provide the required

19 information, or a statement that the information was not

20 found in the vehicle registration records of the State, by

21 U.S. mail or other delivery service, facsimile

22 transmission, as requested by the person seeking to

23 foreclose the lien, or by other means acceptable to the

24 Secretary of State.

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1 (3) In the event the Secretary of State did not find

2 information in the vehicle registration records of the

3 State, and the vehicle is 7 years of age or newer, the

4 towing service shall make a good faith effort to identify

5 the owner of the vehicle by, (i) using the vehicle

6 identification number to conduct a search through a

7 nation-wide, commercial or governmental motor vehicle

8 information service, as approved by the Secretary, to

9 determine in which state the vehicle was last registered or

10 titled, and (ii) inspecting the vehicle for any evidence of

11 the name or address of the owner or the state of titling or

12 registration.

13 If evidence of the state of titling or registration is

14 found, the motor vehicle department of that state shall be

15 contacted and requested to perform a record search for the

16 name and address of any owner or lienholder. If the name

17 and address of the owner or lienholder is provided by the

18 motor vehicle department of the other state or is found in

19 the vehicle, notice shall be sent to that address.

20 If no evidence of the owner or lienholder is found in

21 the vehicle, and the motor vehicle department of the other

22 state does not provide, within 30 days of the request,

23 information regarding the owner or lienholder, no further

24 notification shall be required.

25 (b) Any owner or lienholder identified by the procedures

26 set forth in this Section shall be given notice as required by

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1 this Act.

2 (c) The failure to perform the searches required by this

3 Section shall render any subsequent sale voidable by a court of

4 competent jurisdiction.

5 Section 15. The Labor and Storage Lien (Small Amount) Act

6 is amended by adding Section 2.5 as follows:

7 (770 ILCS 50/2.5 new)

8 Sec. 2.5. Motor vehicle record searches.

9 (a) Prior to selling a motor vehicle pursuant to this Act,

10 the person seeking to foreclose the lien shall contact the

11 Secretary of State and request that the Secretary search the

12 vehicle registration records of the State of Illinois for

13 information relating to the owner of the vehicle and

14 lienholders of record.

15 (1) The request shall be in writing in the form and

16 containing the information prescribed by the Secretary of

17 State by rule, and may be transmitted to the Secretary of

18 State in person, by U.S. mail or other delivery service, by

19 facsimile transmission, or by other means the Secretary of

20 State deems acceptable.

21 (2) The Secretary of State shall provide the required

22 information, or a statement that the information was not

23 found in the vehicle registration records of the State, by

24 U.S. mail or other delivery service, facsimile

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1 transmission, as requested by the person seeking to

2 foreclose the lien, or by other means acceptable to the

3 Secretary of State.

4 (3) In the event the Secretary of State did not find

5 information in the vehicle registration records of the

6 State, and the vehicle is 7 years of age or newer, the

7 towing service shall make a good faith effort to identify

8 the owner of the vehicle by, (i) using the vehicle

9 identification number to conduct a search through a

10 nation-wide, commercial or governmental motor vehicle

11 information service, as approved by the Secretary, to

12 determine in which state the vehicle was last registered or

13 titled, and (ii) inspecting the vehicle for any evidence of

14 the name or address of the owner or the state of titling or

15 registration.

16 If evidence of the state of titling or registration is

17 found, the motor vehicle department of that state shall be

18 contacted and requested to perform a record search for the

19 name and address of any owner or lienholder. If the name

20 and address of the owner or lienholder is provided by the

21 motor vehicle department of the other state or is found in

22 the vehicle, notice shall be sent to that address.

23 If no evidence of the owner or lienholder is found in

24 the vehicle, and the motor vehicle department of the other

25 state does not provide, within 30 days of the request,

26 information regarding the owner or lienholder, no further

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1 notification shall be required.

2 (b) Any owner or lienholder identified by the procedures

3 set forth in this Section shall be given notice as required by

4 this Act.

5 (c) The failure to perform the searches required by this

6 Section shall render any subsequent sale voidable by a court of

7 competent jurisdiction.

8 Section 20. The Sale of Unclaimed Property Act is amended

9 by adding Section 4 as follows:

10 (770 ILCS 90/4 new)

11 Sec. 4. Motor vehicle record searches.

12 (a) Prior to selling a motor vehicle pursuant to this Act,

13 the person seeking to foreclose the lien shall contact the

14 Secretary of State and request that the Secretary search the

15 vehicle registration records of the State of Illinois for

16 information relating to the owner of the vehicle and

17 lienholders of record.

18 (1) The request shall be in writing in the form and

19 containing the information prescribed by the Secretary of

20 State by rule, and may be transmitted to the Secretary of

21 State in person, by U.S. mail or other delivery service, by

22 facsimile transmission, or by other means the Secretary of

23 State deems acceptable.

24 (2) The Secretary of State shall provide the required

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1 information, or a statement that the information was not

2 found in the vehicle registration records of the State, by

3 U.S. mail or other delivery service, facsimile

4 transmission, as requested by the person seeking to

5 foreclose the lien, or by other means acceptable to the

6 Secretary of State.

7 (3) In the event the Secretary of State did not find

8 information in the vehicle registration records of the

9 State, and the vehicle is 7 years of age or newer, the

10 towing service shall make a good faith effort to identify

11 the owner of the vehicle by, (i) using the vehicle

12 identification number to conduct a search through a

13 nation-wide, commercial or governmental motor vehicle

14 information service, as approved by the Secretary, to

15 determine in which state the vehicle was last registered or

16 titled, and (ii) inspecting the vehicle for any evidence of

17 the name or address of the owner or the state of titling or

18 registration.

19 If evidence of the state of titling or registration is

20 found, the motor vehicle department of that state shall be

21 contacted and requested to perform a record search for the

22 name and address of any owner or lienholder. If the name

23 and address of the owner or lienholder is provided by the

24 motor vehicle department of the other state or is found in

25 the vehicle, notice shall be sent to that address.

26 If no evidence of the owner or lienholder is found in

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1 the vehicle, and the motor vehicle department of the other

2 state does not provide, within 30 days of the request,

3 information regarding the owner or lienholder, no further

4 notification shall be required.

5 (b) Any owner or lienholder identified by the procedures

6 set forth in this Section shall be given notice as required by

7 this Act.

8 (c) The failure to perform the searches required by this

9 Section shall render any subsequent sale voidable by a court of

10 competent jurisdiction.

11 Section 99. Effective date. This Act takes effect January

12 1, 2010.".