Illinois General Assembly - Full Text of HB2929
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Full Text of HB2929  98th General Assembly

HB2929 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2929

 

Introduced , by Rep. Timothy L. Schmitz

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-1134 new
625 ILCS 5/11-208.7

    Amends the Counties Code. Authorizes a county to collect administrative fees pursuant to certain provisions of the Illinois Vehicle Code. Amends the Illinois Vehicle Code. Authorizes a county to impose administrative fees and procedures for impounding vehicles for specified violations. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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
55-1134 as follows:
 
6    (55 ILCS 5/5-1134 new)
7    Sec. 5-1134. Administrative fees for impounding vehicles.
8A county may collect an administrative fee for impounding
9vehicles as provided by Section 11-208.7 of the Illinois
10Vehicle Code.
 
11    Section 10. The Illinois Vehicle Code is amended by
12changing Section 11-208.7 as follows:
 
13    (625 ILCS 5/11-208.7)
14    Sec. 11-208.7. Administrative fees and procedures for
15impounding vehicles for specified violations.
16    (a) Any municipality or county may, consistent with this
17Section, provide by ordinance procedures for the release of
18properly impounded vehicles and for the imposition of a
19reasonable administrative fee related to its administrative
20and processing costs associated with the investigation,
21arrest, and detention of an offender, or the removal,

 

 

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1impoundment, storage, and release of the vehicle. The
2administrative fee imposed by the municipality or county may be
3in addition to any fees charged for the towing and storage of
4an impounded vehicle. The administrative fee shall be waived by
5the municipality or county upon verifiable proof that the
6vehicle was stolen 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 2012; 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

 

 

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1    Criminal Code of 1961 or the Criminal Code of 2012; 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

 

 

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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 1961
4    or the Criminal Code of 2012; 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 or the Criminal Code of 2012, when so provided
9    by local ordinance.
10    (c) The following shall apply to any fees imposed for
11administrative and processing costs pursuant to subsection
12(b):
13        (1) All administrative fees and towing and storage
14    charges shall be imposed on the registered owner of the
15    motor vehicle or the agents of that owner.
16        (2) The fees shall be in addition to (i) any other
17    penalties that may be assessed by a court of law for the
18    underlying violations; and (ii) any towing or storage fees,
19    or both, charged by the towing company.
20        (3) The fees shall be uniform for all similarly
21    situated vehicles.
22        (4) The fees shall be collected by and paid to the
23    municipality or county imposing the fees.
24        (5) The towing or storage fees, or both, shall be
25    collected by and paid to the person, firm, or entity that
26    tows and stores the impounded vehicle.

 

 

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

 

 

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

 

 

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

 

 

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1of the deadline for seeking judicial review under the
2Administrative Review Law may be enforced in the same manner as
3a judgment entered by a court of competent jurisdiction.
4(Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.