97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4145

 

Introduced 1/30/2012, by Rep. Rita Mayfield

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-12002.1 new
625 ILCS 5/4-203  from Ch. 95 1/2, par. 4-203

    Amends the Counties Code. Makes legislative findings. Defines "hazardous dilapidated motor vehicle". Authorizes a county board to declare by ordinance all inoperable motor vehicles, whether on public or private property and in view of the general public, to be hazardous dilapidated motor vehicles. Further provides that a county board may authorize a law enforcement agency to remove certain hazardous dilapidated motor vehicles. Amends the Illinois Vehicle Code. Provides that when a vehicle is determined to be a hazardous dilapidated motor vehicle pursuant to certain Sections, its removal and impoundment by a towing service may be authorized by a law enforcement agency with appropriate jurisdiction. Effective immediately.


LRB097 17640 KMW 62847 b

 

 

A BILL FOR

 

HB4145LRB097 17640 KMW 62847 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by adding Section
55-12002.1 as follows:
 
6    (55 ILCS 5/5-12002.1 new)
7    Sec. 5-12002.1. Hazardous dilapidated motor vehicles.
8    (a) The General Assembly hereby finds that the
9proliferation of hazardous dilapidated motor vehicles
10constitutes a hazard to the health, safety, and welfare of the
11public, and that addressing the problems caused by such
12abandoned dilapidated vehicles constitutes a compelling and
13fundamental governmental interest. The General Assembly also
14finds that the only effective method of dealing with the
15problem is to promulgate a comprehensive scheme to expedite the
16towing and disposal of such vehicles.
17    (b) As used in this Section, "hazardous dilapidated motor
18vehicle" means any motor vehicle with a substantial number of
19essential parts, as defined by Section 1-118 of The Illinois
20Vehicle Code, either damaged, removed, or altered or otherwise
21so treated that the vehicle is incapable of being driven under
22its own motor power or, which by its general state of
23deterioration, poses a threat to the public's health, safety,

 

 

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1and welfare. "Hazardous dilapidated motor vehicle" shall not
2include a motor vehicle that has been rendered temporarily
3incapable of being driven under its own motor power in order to
4perform ordinary service or repair operations. The owner of a
5vehicle towed under the provisions of this Section shall be
6entitled to any hearing or review of the towing of the vehicle
7as provided by State or local law.
8    (c) A county board may by ordinance declare all inoperable
9motor vehicles, whether on public or private property and in
10view of the general public, to be hazardous dilapidated motor
11vehicles, and may authorize a law enforcement agency, with
12applicable jurisdiction, to remove immediately, any hazardous
13dilapidated motor vehicle or parts thereof. Nothing in this
14Section shall apply to any motor vehicle that is kept within a
15building when not in use, to operable historic vehicles over 25
16years of age, or to a motor vehicle on the premises of a place
17of business engaged in the wrecking or junking of motor
18vehicles.
 
19    Section 10. The Illinois Vehicle Code is amended by
20changing Section 4-203 as follows:
 
21    (625 ILCS 5/4-203)  (from Ch. 95 1/2, par. 4-203)
22    Sec. 4-203. Removal of motor vehicles or other vehicles;
23Towing or hauling away.
24    (a) When a vehicle is abandoned, or left unattended, on a

 

 

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1toll highway, interstate highway, or expressway for 2 hours or
2more, its removal by a towing service may be authorized by a
3law enforcement agency having jurisdiction.
4    (b) When a vehicle is abandoned on a highway in an urban
5district 10 hours or more, its removal by a towing service may
6be authorized by a law enforcement agency having jurisdiction.
7    (c) When a vehicle is abandoned or left unattended on a
8highway other than a toll highway, interstate highway, or
9expressway, outside of an urban district for 24 hours or more,
10its removal by a towing service may be authorized by a law
11enforcement agency having jurisdiction.
12    (d) When an abandoned, unattended, wrecked, burned or
13partially dismantled vehicle is creating a traffic hazard
14because of its position in relation to the highway or its
15physical appearance is causing the impeding of traffic, its
16immediate removal from the highway or private property adjacent
17to the highway by a towing service may be authorized by a law
18enforcement agency having jurisdiction.
19    (e) Whenever a peace officer reasonably believes that a
20person under arrest for a violation of Section 11-501 of this
21Code or a similar provision of a local ordinance is likely,
22upon release, to commit a subsequent violation of Section
2311-501, or a similar provision of a local ordinance, the
24arresting officer shall have the vehicle which the person was
25operating at the time of the arrest impounded for a period of
26not more than 12 hours after the time of arrest. However, such

 

 

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1vehicle may be released by the arresting law enforcement agency
2prior to the end of the impoundment period if:
3        (1) the vehicle was not owned by the person under
4    arrest, and the lawful owner requesting such release
5    possesses a valid operator's license, proof of ownership,
6    and would not, as determined by the arresting law
7    enforcement agency, indicate a lack of ability to operate a
8    motor vehicle in a safe manner, or who would otherwise, by
9    operating such motor vehicle, be in violation of this Code;
10    or
11        (2) the vehicle is owned by the person under arrest,
12    and the person under arrest gives permission to another
13    person to operate such vehicle, provided however, that the
14    other person possesses a valid operator's license and would
15    not, as determined by the arresting law enforcement agency,
16    indicate a lack of ability to operate a motor vehicle in a
17    safe manner or who would otherwise, by operating such motor
18    vehicle, be in violation of this Code.
19    (e-5) Whenever a registered owner of a vehicle is taken
20into custody for operating the vehicle in violation of Section
2111-501 of this Code or a similar provision of a local ordinance
22or Section 6-303 of this Code, a law enforcement officer may
23have the vehicle immediately impounded for a period not less
24than:
25        (1) 24 hours for a second 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; or
3        (2) 48 hours for a third violation of Section 11-501 of
4    this Code or a similar provision of a local ordinance or
5    Section 6-303 of this Code or a combination of these
6    offenses.
7    The vehicle may be released sooner if the vehicle is owned
8by the person under arrest and the person under arrest gives
9permission to another person to operate the vehicle and that
10other person possesses a valid operator's license and would
11not, as determined by the arresting law enforcement agency,
12indicate a lack of ability to operate a motor vehicle in a safe
13manner or would otherwise, by operating the motor vehicle, be
14in violation of this Code.
15    (f) Except as provided in Chapter 18a of this Code, the
16owner or lessor of privately owned real property within this
17State, or any person authorized by such owner or lessor, or any
18law enforcement agency in the case of publicly owned real
19property may cause any motor vehicle abandoned or left
20unattended upon such property without permission to be removed
21by a towing service without liability for the costs of removal,
22transportation or storage or damage caused by such removal,
23transportation or storage. The towing or removal of any vehicle
24from private property without the consent of the registered
25owner or other legally authorized person in control of the
26vehicle is subject to compliance with the following conditions

 

 

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1and restrictions:
2        1. Any towed or removed vehicle must be stored at the
3    site of the towing service's place of business. The site
4    must be open during business hours, and for the purpose of
5    redemption of vehicles, during the time that the person or
6    firm towing such vehicle is open for towing purposes.
7        2. The towing service shall within 30 minutes of
8    completion of such towing or removal, notify the law
9    enforcement agency having jurisdiction of such towing or
10    removal, and the make, model, color and license plate
11    number of the vehicle, and shall obtain and record the name
12    of the person at the law enforcement agency to whom such
13    information was reported.
14        3. If the registered owner or legally authorized person
15    entitled to possession of the vehicle shall arrive at the
16    scene prior to actual removal or towing of the vehicle, the
17    vehicle shall be disconnected from the tow truck and that
18    person shall be allowed to remove the vehicle without
19    interference, upon the payment of a reasonable service fee
20    of not more than one half the posted rate of the towing
21    service as provided in paragraph 6 of this subsection, for
22    which a receipt shall be given.
23        4. The rebate or payment of money or any other valuable
24    consideration from the towing service or its owners,
25    managers or employees to the owners or operators of the
26    premises from which the vehicles are towed or removed, for

 

 

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1    the privilege of removing or towing those vehicles, is
2    prohibited. Any individual who violates this paragraph
3    shall be guilty of a Class A misdemeanor.
4        5. Except for property appurtenant to and obviously a
5    part of a single family residence, and except for instances
6    where notice is personally given to the owner or other
7    legally authorized person in control of the vehicle that
8    the area in which that vehicle is parked is reserved or
9    otherwise unavailable to unauthorized vehicles and they
10    are subject to being removed at the owner or operator's
11    expense, any property owner or lessor, prior to towing or
12    removing any vehicle from private property without the
13    consent of the owner or other legally authorized person in
14    control of that vehicle, must post a notice meeting the
15    following requirements:
16            a. Except as otherwise provided in subparagraph
17        a.1 of this subdivision (f)5, the notice must be
18        prominently placed at each driveway access or curb cut
19        allowing vehicular access to the property within 5 feet
20        from the public right-of-way line. If there are no
21        curbs or access barriers, the sign must be posted not
22        less than one sign each 100 feet of lot frontage.
23            a.1. In a municipality with a population of less
24        than 250,000, as an alternative to the requirement of
25        subparagraph a of this subdivision (f)5, the notice for
26        a parking lot contained within property used solely for

 

 

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1        a 2-family, 3-family, or 4-family residence may be
2        prominently placed at the perimeter of the parking lot,
3        in a position where the notice is visible to the
4        occupants of vehicles entering the lot.
5            b. The notice must indicate clearly, in not less
6        than 2 inch high light-reflective letters on a
7        contrasting background, that unauthorized vehicles
8        will be towed away at the owner's expense.
9            c. The notice must also provide the name and
10        current telephone number of the towing service towing
11        or removing the vehicle.
12            d. The sign structure containing the required
13        notices must be permanently installed with the bottom
14        of the sign not less than 4 feet above ground level,
15        and must be continuously maintained on the property for
16        not less than 24 hours prior to the towing or removing
17        of any vehicle.
18        6. Any towing service that tows or removes vehicles and
19    proposes to require the owner, operator, or person in
20    control of the vehicle to pay the costs of towing and
21    storage prior to redemption of the vehicle must file and
22    keep on record with the local law enforcement agency a
23    complete copy of the current rates to be charged for such
24    services, and post at the storage site an identical rate
25    schedule and any written contracts with property owners,
26    lessors, or persons in control of property which authorize

 

 

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1    them to remove vehicles as provided in this Section. The
2    towing and storage charges, however, shall not exceed the
3    maximum allowed by the Illinois Commerce Commission under
4    Section 18a-200.
5        7. No person shall engage in the removal of vehicles
6    from private property as described in this Section without
7    filing a notice of intent in each community where he
8    intends to do such removal, and such notice shall be filed
9    at least 7 days before commencing such towing.
10        8. No removal of a vehicle from private property shall
11    be done except upon express written instructions of the
12    owners or persons in charge of the private property upon
13    which the vehicle is said to be trespassing.
14        9. Vehicle entry for the purpose of removal shall be
15    allowed with reasonable care on the part of the person or
16    firm towing the vehicle. Such person or firm shall be
17    liable for any damages occasioned to the vehicle if such
18    entry is not in accordance with the standards of reasonable
19    care.
20        10. When a vehicle has been towed or removed pursuant
21    to this Section, it must be released to its owner or
22    custodian within one half hour after requested, if such
23    request is made during business hours. Any vehicle owner or
24    custodian or agent shall have the right to inspect the
25    vehicle before accepting its return, and no release or
26    waiver of any kind which would release the towing service

 

 

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1    from 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,
9firefighting, rescue, ambulance, or other emergency vehicles
10which are marked as such or to property owned by any
11governmental entity.
12    When an authorized person improperly causes a motor vehicle
13to be removed, such person shall be liable to the owner or
14lessee of the vehicle for the cost or removal, transportation
15and storage, any damages resulting from the removal,
16transportation and storage, attorney's fee and court costs.
17    Any towing or storage charges accrued shall be payable by
18the use of any major credit card, in addition to being payable
19in cash.
20        11. Towing companies shall also provide insurance
21    coverage for areas where vehicles towed under the
22    provisions of this Chapter will be impounded or otherwise
23    stored, and shall adequately cover loss by fire, theft or
24    other risks.
25    Any person who fails to comply with the conditions and
26restrictions of this subsection shall be guilty of a Class C

 

 

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1misdemeanor and shall be fined not less than $100 nor more than
2$500.
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 Act. Every such lien shall be payable by use
2of any major credit card, in addition to being payable in cash.
3    (4) Any personal property belonging to the vehicle owner in
4a vehicle subject to a lien under this subsection (g) shall
5likewise be subject to that lien, excepting only: child
6restraint systems as defined in Section 4 of the Child
7Passenger Protection Act and other child booster seats;
8eyeglasses; food; medicine; perishable property; any
9operator's licenses; any cash, credit cards, or checks or
10checkbooks; any wallet, purse, or other property containing any
11operator's license or other identifying documents or
12materials, cash, credit cards, checks, or checkbooks; and any
13personal property belonging to a person other than the vehicle
14owner if that person provides adequate proof that the personal
15property belongs to that person. The spouse, child, mother,
16father, brother, or sister of the vehicle owner may claim
17personal property excepted under this paragraph (4) if the
18person claiming the personal property provides the commercial
19vehicle relocator or towing service with the authorization of
20the vehicle owner.
21    (5) This paragraph (5) applies only in the case of a
22vehicle that is towed as a result of being involved in an
23accident. In addition to the personal property excepted under
24paragraph (4), all other personal property in a vehicle subject
25to a lien under this subsection (g) is exempt from that lien
26and may be claimed by the vehicle owner if the vehicle owner

 

 

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

 

 

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1period of 5 days after the time of arrest. An impounding agency
2shall release a motor vehicle impounded under this subsection
3(h) to the registered owner of the vehicle under any of the
4following circumstances:
5        (1) If the vehicle is a stolen vehicle; or
6        (2) If the person ticketed for a violation of
7    subsection (a) of Section 11-506 of this Code was not
8    authorized by the registered owner of the vehicle to
9    operate the vehicle at the time of the violation; or
10        (3) If the registered owner of the vehicle was neither
11    the driver nor a passenger in the vehicle at the time of
12    the violation or was unaware that the driver was using the
13    vehicle to engage in street racing; or
14        (4) If the legal owner or registered owner of the
15    vehicle is a rental car agency; or
16        (5) If, prior to the expiration of the impoundment
17    period specified above, the citation is dismissed or the
18    defendant is found not guilty of the offense.
19(Source: P.A. 95-310, eff. 1-1-08; 95-562, eff. 7-1-08; 95-621,
20eff. 6-1-08; 95-876, eff. 8-21-08; 96-1274, eff. 7-26-10;
2196-1506, eff. 1-27-11.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.