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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3804 Introduced , by Rep. Al Riley SYNOPSIS AS INTRODUCED:
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625 ILCS 5/4-205 | from Ch. 95 1/2, par. 4-205 |
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Amends the Illinois Vehicle Code. Provides that when ownership information is needed for a towing service to give notification to the vehicle owner, the towing service shall (rather than may) cause the vehicle registration records of the State of Illinois to be searched by the Secretary of State.
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| | A BILL FOR |
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| | HB3804 | | LRB099 10098 RJF 30321 b |
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| 1 | | AN ACT concerning transportation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Vehicle Code is amended by changing |
| 5 | | Section 4-205 as follows:
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| 6 | | (625 ILCS 5/4-205) (from Ch. 95 1/2, par. 4-205)
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| 7 | | Sec. 4-205. Record searches.
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| 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
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| 13 | | Secretary of State for the purpose of obtaining the required |
| 14 | | ownership
information.
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| 15 | | (b) The law enforcement agency authorizing the impounding |
| 16 | | of a vehicle
will cause the stolen motor vehicle files of the |
| 17 | | State Police to be
searched by a directed communication to the |
| 18 | | State Police for stolen or
wanted information on the vehicle. |
| 19 | | When the State Police files are
searched with negative results, |
| 20 | | the information contained in the
National Crime Information |
| 21 | | Center (NCIC) files will be searched by the
State Police. The |
| 22 | | information determined from these record searches will
be |
| 23 | | returned to the requesting law enforcement agency for that |
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| | HB3804 | - 2 - | LRB099 10098 RJF 30321 b |
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| 1 | | agency's
use in sending a notification by certified mail to the |
| 2 | | registered owner,
lienholder and other legally entitled |
| 3 | | persons advising where the vehicle
is held, requesting a |
| 4 | | disposition be made and setting forth public sale
information. |
| 5 | | Notification shall be sent no later than 10 business days after
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| 6 | | the date the law enforcement agency impounds or authorizes the |
| 7 | | impounding of a
vehicle, provided that if the law enforcement |
| 8 | | agency is unable to determine the
identity of the registered |
| 9 | | owner, lienholder or other person legally entitled
to ownership |
| 10 | | of the impounded vehicle within a 10 business day period after
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| 11 | | impoundment, then notification shall be sent no later than 2 |
| 12 | | days after the
date the identity of the registered owner, |
| 13 | | lienholder or other person legally
entitled to ownership of the |
| 14 | | impounded vehicle is determined. Exceptions to a
notification |
| 15 | | by certified mail to the registered owner, lienholder and other
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| 16 | | legally entitled persons are set forth in Section 4-209 of this |
| 17 | | Code.
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| 18 | | (c) When ownership information is needed for a
towing |
| 19 | | service to give notification as required under this Code, the |
| 20 | | towing
service shall may cause the vehicle registration records |
| 21 | | of the State of Illinois to
be searched by the Secretary of |
| 22 | | State, and in such case, the towing service also shall give |
| 23 | | notice to all lienholders of record within the time period |
| 24 | | required for such other notices.
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| 25 | | The written request of a towing service, in the form and
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| 26 | | containing the information prescribed by the Secretary of State |
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| 1 | | by rule, may be
transmitted to the Secretary of State in |
| 2 | | person, by U.S.
mail or other delivery service, by facsimile |
| 3 | | transmission, or by other
means the Secretary of State deems |
| 4 | | acceptable.
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| 5 | | The Secretary of State shall provide the required |
| 6 | | information, or
a statement that the information was not found |
| 7 | | in the vehicle registration
records of the State, by U.S. mail |
| 8 | | or other delivery service, facsimile
transmission, as |
| 9 | | requested by the towing service, or by other means acceptable
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| 10 | | to the Secretary of State.
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| 11 | | (d) The Secretary of State may prescribe standards and |
| 12 | | procedures for
submission of requests for record searches and |
| 13 | | replies via computer link.
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| 14 | | (e) Fees for services provided under this Section shall be |
| 15 | | in amounts
prescribed by the Secretary of State under Section |
| 16 | | 3-821.1 of this Code.
Payment may be made by the towing service |
| 17 | | using cash, any commonly accepted
credit card, or any other |
| 18 | | means of payment deemed acceptable by the Secretary
of State.
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| 19 | | (Source: P.A. 95-838, eff. 8-15-08.)
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