97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3536

 

Introduced 2/8/2012, by Sen. Ron Sandack

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-208.2  from Ch. 95 1/2, par. 11-208.2
625 ILCS 5/11-208.7

    Amends the Illinois Vehicle Code. Provides that nothing in the Section concerning administrative fees and procedures for impounding vehicles for specified violations limits home rule powers or preempts the authority of a home rule unit to adopt regulations concerning administrative fees and procedures for impounding vehicles.


LRB097 18584 HEP 63816 b

 

 

A BILL FOR

 

SB3536LRB097 18584 HEP 63816 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 changing
5Sections 11-208.2 and 11-208.7 as follows:
 
6    (625 ILCS 5/11-208.2)  (from Ch. 95 1/2, par. 11-208.2)
7    Sec. 11-208.2. Limitation on home rule units.
8    The provisions of this Chapter of this Act limit the
9authority of home rule units to adopt local police regulations
10inconsistent herewith except pursuant to Sections 11-208,
1111-208.7, 11-209, 11-1005.1, 11-1412.1, and 11-1412.2 of this
12Chapter of this Act.
13(Source: P.A. 92-868, eff. 6-1-03.)
 
14    (625 ILCS 5/11-208.7)
15    Sec. 11-208.7. Administrative fees and procedures for
16impounding vehicles for specified violations.
17    (a) Any municipality that is not a home rule unit may,
18consistent with this Section, provide by ordinance procedures
19for the release of properly impounded vehicles and for the
20imposition of a reasonable administrative fee related to its
21administrative and processing costs associated with the
22investigation, arrest, and detention of an offender, or the

 

 

SB3536- 2 -LRB097 18584 HEP 63816 b

1removal, impoundment, storage, and release of the vehicle. The
2administrative fee imposed by the municipality may be in
3addition to any fees charged for the towing and storage of an
4impounded vehicle. The administrative fee shall be waived by
5the municipality upon verifiable proof that the vehicle was
6stolen at the time the vehicle was impounded.
7    (b) Any ordinance establishing procedures for the release
8of properly impounded vehicles under this Section may impose
9fees for the following violations:
10        (1) operation or use of a motor vehicle in the
11    commission of, or in the attempt to commit, an offense for
12    which a motor vehicle may be seized and forfeited pursuant
13    to Section 36-1 of the Criminal Code of 1961; or
14        (2) driving under the influence of alcohol, another
15    drug or drugs, an intoxicating compound or compounds, or
16    any combination thereof, in violation of Section 11-501 of
17    this Code; or
18        (3) operation or use of a motor vehicle in the
19    commission of, or in the attempt to commit, a felony or in
20    violation of the Cannabis Control Act; or
21        (4) operation or use of a motor vehicle in the
22    commission of, or in the attempt to commit, an offense in
23    violation of the Illinois Controlled Substances Act; or
24        (5) operation or use of a motor vehicle in the
25    commission of, or in the attempt to commit, an offense in
26    violation of Section 24-1, 24-1.5, or 24-3.1 of the

 

 

SB3536- 3 -LRB097 18584 HEP 63816 b

1    Criminal Code of 1961; or
2        (6) driving while a driver's license, permit, or
3    privilege to operate a motor vehicle is suspended or
4    revoked pursuant to Section 6-303 of this Code; except that
5    vehicles shall not be subjected to seizure or impoundment
6    if the suspension is for an unpaid citation (parking or
7    moving) or due to failure to comply with emission testing;
8    or
9        (7) operation or use of a motor vehicle while
10    soliciting, possessing, or attempting to solicit or
11    possess cannabis or a controlled substance, as defined by
12    the Cannabis Control Act or the Illinois Controlled
13    Substances Act; or
14        (8) operation or use of a motor vehicle with an expired
15    driver's license, in violation of Section 6-101 of this
16    Code, if the period of expiration is greater than one year;
17    or
18        (9) operation or use of a motor vehicle without ever
19    having been issued a driver's license or permit, in
20    violation of Section 6-101 of this Code, or operating a
21    motor vehicle without ever having been issued a driver's
22    license or permit due to a person's age; or
23        (10) operation or use of a motor vehicle by a person
24    against whom a warrant has been issued by a circuit clerk
25    in Illinois for failing to answer charges that the driver
26    violated Section 6-101, 6-303, or 11-501 of this Code; or

 

 

SB3536- 4 -LRB097 18584 HEP 63816 b

1        (11) operation or use of a motor vehicle in the
2    commission of, or in the attempt to commit, an offense in
3    violation of Article 16 or 16A of the Criminal Code of
4    1961; or
5        (12) operation or use of a motor vehicle in the
6    commission of, or in the attempt to commit, any other
7    misdemeanor or felony offense in violation of the Criminal
8    Code of 1961, when so provided by local ordinance.
9    (c) The following shall apply to any fees imposed for
10administrative and processing costs pursuant to subsection
11(b):
12        (1) All administrative fees and towing and storage
13    charges shall be imposed on the registered owner of the
14    motor vehicle or the agents of that owner.
15        (2) The fees shall be in addition to (i) any other
16    penalties that may be assessed by a court of law for the
17    underlying violations; and (ii) any towing or storage fees,
18    or both, charged by the towing company.
19        (3) The fees shall be uniform for all similarly
20    situated vehicles.
21        (4) The fees shall be collected by and paid to the
22    municipality imposing the fees.
23        (5) The towing or storage fees, or both, shall be
24    collected by and paid to the person, firm, or entity that
25    tows and stores the impounded vehicle.
26    (d) Any ordinance establishing procedures for the release

 

 

SB3536- 5 -LRB097 18584 HEP 63816 b

1of properly impounded vehicles under this Section shall provide
2for an opportunity for a hearing, as provided in subdivision
3(b)(4) of Section 11-208.3 of this Code, and for the release of
4the vehicle to the owner of record, lessee, or a lienholder of
5record upon payment of all administrative fees and towing and
6storage fees.
7    (e) Any ordinance establishing procedures for the
8impoundment and release of vehicles under this Section shall
9include the following provisions concerning notice of
10impoundment:
11        (1) Whenever a police officer has cause to believe that
12    a motor vehicle is subject to impoundment, the officer
13    shall provide for the towing of the vehicle to a facility
14    authorized by the municipality.
15        (2) At the time the vehicle is towed, the municipality
16    shall notify or make a reasonable attempt to notify the
17    owner, lessee, or person identifying himself or herself as
18    the owner or lessee of the vehicle, or any person who is
19    found to be in control of the vehicle at the time of the
20    alleged offense, of the fact of the seizure, and of the
21    vehicle owner's or lessee's right to an administrative
22    hearing.
23        (3) The municipality shall also provide notice that the
24    motor vehicle will remain impounded pending the completion
25    of an administrative hearing, unless the owner or lessee of
26    the vehicle or a lienholder posts with the municipality a

 

 

SB3536- 6 -LRB097 18584 HEP 63816 b

1    bond equal to the administrative fee as provided by
2    ordinance and pays for all towing and storage charges.
3    (f) Any ordinance establishing procedures for the
4impoundment and release of vehicles under this Section shall
5include a provision providing that the registered owner or
6lessee of the vehicle and any lienholder of record shall be
7provided with a notice of hearing. The notice shall:
8        (1) be served upon the owner, lessee, and any
9    lienholder of record either by personal service or by first
10    class mail to the interested party's address as registered
11    with the Secretary of State;
12        (2) be served upon interested parties within 10 days
13    after a vehicle is impounded by the municipality; and
14        (3) contain the date, time, and location of the
15    administrative hearing. An initial hearing shall be
16    scheduled and convened no later than 45 days after the date
17    of the mailing of the notice of hearing.
18    (g) In addition to the requirements contained in
19subdivision (b)(4) of Section 11-208.3 of this Code relating to
20administrative hearings, any ordinance providing for the
21impoundment and release of vehicles under this Section shall
22include the following requirements concerning administrative
23hearings:
24        (1) administrative hearings shall be conducted by a
25    hearing officer who is an attorney licensed to practice law
26    in this State for a minimum of 3 years;

 

 

SB3536- 7 -LRB097 18584 HEP 63816 b

1        (2) at the conclusion of the administrative hearing,
2    the hearing officer shall issue a written decision either
3    sustaining or overruling the vehicle impoundment;
4        (3) if the basis for the vehicle impoundment is
5    sustained by the administrative hearing officer, any
6    administrative fee posted to secure the release of the
7    vehicle shall be forfeited to the municipality;
8        (4) all final decisions of the administrative hearing
9    officer shall be subject to review under the provisions of
10    the Administrative Review Law; and
11        (5) unless the administrative hearing officer
12    overturns the basis for the vehicle impoundment, no vehicle
13    shall be released to the owner, lessee, or lienholder of
14    record until all administrative fees and towing and storage
15    charges are paid.
16    (h) Vehicles not retrieved from the towing facility or
17storage facility within 35 days after the administrative
18hearing officer issues a written decision shall be deemed
19abandoned and disposed of in accordance with the provisions of
20Article II of Chapter 4 of this Code.
21    (i) Unless stayed by a court of competent jurisdiction, any
22fine, penalty, or administrative fee imposed under this Section
23which remains unpaid in whole or in part after the expiration
24of the deadline for seeking judicial review under the
25Administrative Review Law may be enforced in the same manner as
26a judgment entered by a court of competent jurisdiction.

 

 

SB3536- 8 -LRB097 18584 HEP 63816 b

1    (j) Nothing in this Section is a limitation of home rule
2powers. Nothing in this Section preempts the authority of a
3home rule unit to adopt regulations concerning administrative
4fees and procedures for impounding vehicles.
5(Source: P.A. 97-109, eff. 1-1-12.)