Illinois General Assembly - Full Text of SB1874
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Full Text of SB1874  94th General Assembly

SB1874eng 94TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning vehicles.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Sections 4-203, 4-207, 18a-300, and 18a-501 as follows:
 
6     (625 ILCS 5/4-203)  (from Ch. 95 1/2, par. 4-203)
7     Sec. 4-203. Removal of motor vehicles or other vehicles;
8 Towing or hauling away.
9     (a) When a vehicle is abandoned, or left unattended, on a
10 toll highway, interstate highway, or expressway for 2 hours or
11 more, its removal by a towing service may be authorized by a
12 law enforcement agency having jurisdiction.
13     (b) When a vehicle is abandoned on a highway in an urban
14 district 10 hours or more, its removal by a towing service may
15 be authorized by a law enforcement agency having jurisdiction.
16     (c) When a vehicle is abandoned or left unattended on a
17 highway other than a toll highway, interstate highway, or
18 expressway, outside of an urban district for 24 hours or more,
19 its removal by a towing service may be authorized by a law
20 enforcement agency having jurisdiction.
21     (d) When an abandoned, unattended, wrecked, burned or
22 partially dismantled vehicle is creating a traffic hazard
23 because of its position in relation to the highway or its
24 physical appearance is causing the impeding of traffic, its
25 immediate removal from the highway or private property adjacent
26 to the highway by a towing service may be authorized by a law
27 enforcement agency having jurisdiction.
28     (e) Whenever a peace officer reasonably believes that a
29 person under arrest for a violation of Section 11-501 of this
30 Code or a similar provision of a local ordinance is likely,
31 upon release, to commit a subsequent violation of Section
32 11-501, or a similar provision of a local ordinance, the

 

 

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1 arresting officer shall have the vehicle which the person was
2 operating at the time of the arrest impounded for a period of
3 not more than 12 hours after the time of arrest. However, such
4 vehicle may be released by the arresting law enforcement agency
5 prior to the end of the impoundment period if:
6         (1) the vehicle was not owned by the person under
7     arrest, and the lawful owner requesting such release
8     possesses a valid operator's license, proof of ownership,
9     and would not, as determined by the arresting law
10     enforcement agency, indicate a lack of ability to operate a
11     motor vehicle in a safe manner, or who would otherwise, by
12     operating such motor vehicle, be in violation of this Code;
13     or
14         (2) the vehicle is owned by the person under arrest,
15     and the person under arrest gives permission to another
16     person to operate such vehicle, provided however, that the
17     other person possesses a valid operator's license and would
18     not, as determined by the arresting law enforcement agency,
19     indicate a lack of ability to operate a motor vehicle in a
20     safe manner or who would otherwise, by operating such motor
21     vehicle, be in violation of this Code.
22     (e-5) Whenever a registered owner of a vehicle is taken
23 into custody for operating the vehicle in violation of Section
24 11-501 of this Code or a similar provision of a local ordinance
25 or Section 6-303 of this Code, a law enforcement officer may
26 have the vehicle immediately impounded for a period not less
27 than:
28         (1) 24 hours for a second violation of Section 11-501
29     of this Code or a similar provision of a local ordinance or
30     Section 6-303 of this Code or a combination of these
31     offenses; or
32         (2) 48 hours for a third violation of Section 11-501 of
33     this Code or a similar provision of a local ordinance or
34     Section 6-303 of this Code or a combination of these
35     offenses.
36     The vehicle may be released sooner if the vehicle is owned

 

 

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1 by the person under arrest and the person under arrest gives
2 permission to another person to operate the vehicle and that
3 other person possesses a valid operator's license and would
4 not, as determined by the arresting law enforcement agency,
5 indicate a lack of ability to operate a motor vehicle in a safe
6 manner or would otherwise, by operating the motor vehicle, be
7 in violation of this Code.
8     (f) Except as provided in Chapter 18a of this Code, the
9 owner or lessor of privately owned real property within this
10 State, or any person authorized by such owner or lessor, or any
11 law enforcement agency in the case of publicly owned real
12 property may cause any motor vehicle abandoned or left
13 unattended upon such property without permission to be removed
14 by a towing service without liability for the costs of removal,
15 transportation or storage or damage caused by such removal,
16 transportation or storage. The towing or removal of any vehicle
17 from private property without the consent of the registered
18 owner or other legally authorized person in control of the
19 vehicle is subject to compliance with the following conditions
20 and restrictions:
21         1. Any towed or removed vehicle must be stored at the
22     site of the towing service's place of business. The site
23     must be open during business hours, and for the purpose of
24     redemption of vehicles, during the time that the person or
25     firm towing such vehicle is open for towing purposes.
26         2. The towing service shall within 30 minutes of
27     completion of such towing or removal, notify the law
28     enforcement agency having jurisdiction of such towing or
29     removal, and the make, model, color and license plate
30     number of the vehicle, and shall obtain and record the name
31     of the person at the law enforcement agency to whom such
32     information was reported.
33         3. If the registered owner or legally authorized person
34     entitled to possession of the vehicle shall arrive at the
35     scene prior to actual removal or towing of the vehicle, the
36     vehicle shall be disconnected from the tow truck and that

 

 

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1     person shall be allowed to remove the vehicle without
2     interference, upon the payment of a reasonable service fee
3     of not more than one half the posted rate of the towing
4     service as provided in paragraph 6 of this subsection, for
5     which a receipt shall be given.
6         4. The rebate or payment of money or any other valuable
7     consideration from the towing service or its owners,
8     managers or employees to the owners or operators of the
9     premises from which the vehicles are towed or removed, for
10     the privilege of removing or towing those vehicles, is
11     prohibited. Any individual who violates this paragraph
12     shall be guilty of a Class A misdemeanor.
13         5. Except for property appurtenant to and obviously a
14     part of a single family residence, and except for instances
15     where notice is personally given to the owner or other
16     legally authorized person in control of the vehicle that
17     the area in which that vehicle is parked is reserved or
18     otherwise unavailable to unauthorized vehicles and they
19     are subject to being removed at the owner or operator's
20     expense, any property owner or lessor, prior to towing or
21     removing any vehicle from private property without the
22     consent of the owner or other legally authorized person in
23     control of that vehicle, must post a notice meeting the
24     following requirements:
25             a. The notice must be prominently placed at each
26         driveway access or curb cut allowing vehicular access
27         to the property within 5 feet from the public
28         right-of-way line. If there are no curbs or access
29         barriers, the sign must be posted not less than one
30         sign each 100 feet of lot frontage.
31             b. The notice must indicate clearly, in not less
32         than 2 inch high light-reflective letters on a
33         contrasting background, that unauthorized vehicles
34         will be towed away at the owner's expense.
35             c. The notice must also provide the name and
36         current telephone number of the towing service towing

 

 

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1         or removing the vehicle.
2             d. The sign structure containing the required
3         notices must be permanently installed with the bottom
4         of the sign not less than 4 feet above ground level,
5         and must be continuously maintained on the property for
6         not less than 24 hours prior to the towing or removing
7         of any vehicle.
8         6. Any towing service that tows or removes vehicles and
9     proposes to require the owner, operator, or person in
10     control of the vehicle to pay the costs of towing and
11     storage prior to redemption of the vehicle must file and
12     keep on record with the local law enforcement agency a
13     complete copy of the current rates to be charged for such
14     services, and post at the storage site an identical rate
15     schedule and any written contracts with property owners,
16     lessors, or persons in control of property which authorize
17     them to remove vehicles as provided in this Section.
18         7. No person shall engage in the removal of vehicles
19     from private property as described in this Section without
20     filing a notice of intent in each community where he
21     intends to do such removal, and such notice shall be filed
22     at least 7 days before commencing such towing.
23         8. No removal of a vehicle from private property shall
24     be done except upon express written instructions of the
25     owners or persons in charge of the private property upon
26     which the vehicle is said to be trespassing.
27         9. Vehicle entry for the purpose of removal shall be
28     allowed with reasonable care on the part of the person or
29     firm towing the vehicle. Such person or firm shall be
30     liable for any damages occasioned to the vehicle if such
31     entry is not in accordance with the standards of reasonable
32     care.
33         10. When a vehicle has been towed or removed pursuant
34     to this Section, it must be released to its owner or
35     custodian within one half hour after requested, if such
36     request is made during business hours. Any vehicle owner or

 

 

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1     custodian or agent shall have the right to inspect the
2     vehicle before accepting its return, and no release or
3     waiver of any kind which would release the towing service
4     from liability for damages incurred during the towing and
5     storage may be required from any vehicle owner or other
6     legally authorized person as a condition of release of the
7     vehicle. A detailed, signed receipt showing the legal name
8     of the towing service must be given to the person paying
9     towing or storage charges at the time of payment, whether
10     requested or not.
11     This Section shall not apply to law enforcement,
12 firefighting, rescue, ambulance, or other emergency vehicles
13 which are marked as such or to property owned by any
14 governmental entity.
15     When an authorized person improperly causes a motor vehicle
16 to be removed, such person shall be liable to the owner or
17 lessee of the vehicle for the cost or removal, transportation
18 and storage, any damages resulting from the removal,
19 transportation and storage, attorney's fee and court costs.
20     Any towing or storage charges accrued shall be payable by
21 the use of any major credit card, in addition to being payable
22 in cash.
23         11. Towing companies shall also provide insurance
24     coverage for areas where vehicles towed under the
25     provisions of this Chapter will be impounded or otherwise
26     stored, and shall adequately cover loss by fire, theft or
27     other risks.
28     Any person who fails to comply with the conditions and
29 restrictions of this subsection shall be guilty of a Class C
30 misdemeanor and shall be fined not less than $100 nor more than
31 $500.
32     (g) When a vehicle is determined to be a hazardous
33 dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
34 Illinois Municipal Code, its removal and impoundment by a
35 towing service may be authorized by a law enforcement agency
36 with appropriate jurisdiction.

 

 

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1     When a vehicle removal from either public or private
2 property is authorized by a law enforcement agency, the owner
3 of the vehicle shall be responsible for all towing and storage
4 charges.
5     Vehicles removed from public or private property and stored
6 by a commercial vehicle relocator or any other towing service
7 in compliance with this Section and Sections 4-201 and 4-202 of
8 this Code, shall be subject to the statutory a possessor lien
9 for services pursuant to the Labor and Storage Lien (Small
10 Amount) Act "An Act concerning liens for labor, services, skill
11 or materials furnished upon or storage furnished for chattels",
12 filed July 24, 1941, as amended, and, subject to subsection (b)
13 of Section 18a-501 of this Code, the provisions of Section 1 of
14 that Act relating to notice and implied consent shall be deemed
15 satisfied by compliance with Section 18a-302 and subsection
16 (10) (6) of Section 18a-300. In no event shall such lien be
17 greater than the rate or rates established in accordance with
18 subsection (6) of Section 18a-200 of this Code. In no event
19 shall such lien be increased or altered to reflect any charge
20 for services or materials rendered in addition to those
21 authorized by this Act. Every such lien shall be payable by use
22 of any major credit card, in addition to being payable in cash.
23 (Source: P.A. 90-738, eff. 1-1-99.)
 
24     (625 ILCS 5/4-207)  (from Ch. 95 1/2, par. 4-207)
25     Sec. 4-207. Reclaimed vehicles; expenses.
26     (a) Any time before a vehicle is sold at public sale or
27 disposed of as provided in Section 4-208, the owner, lienholder
28 or other person legally entitled to its possession may reclaim
29 the vehicle by presenting to the law enforcement agency having
30 custody of the vehicle proof of ownership or proof of the right
31 to possession of the vehicle.
32     (b) No vehicle shall be released to the owner, lienholder,
33 or other person under this Section until all towing, storage,
34 and processing charges have been paid, as authorized by Section
35 18a-501 of this Code.

 

 

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1 (Source: P.A. 89-433, eff. 12-15-95.)
 
2     (625 ILCS 5/18a-300)  (from Ch. 95 1/2, par. 18a-300)
3     Sec. 18a-300. Commercial vehicle relocators - Unlawful
4 practices. It shall be unlawful for any commercial vehicle
5 relocator:
6     (1) To operate in any county in which this Chapter is
7 applicable without a valid, current relocator's license as
8 provided in Article IV of this Chapter;
9     (2) To employ as an operator, or otherwise so use the
10 services of, any person who does not have at the commencement
11 of employment or service, or at any time during the course of
12 employment or service, a valid, current operator's employment
13 permit, or temporary operator's employment permit issued in
14 accordance with Sections 18a-403 or 18a-405 of this Chapter; or
15 to fail to notify the Commission, in writing, of any known
16 criminal conviction of any employee occurring at any time
17 before or during the course of employment or service;
18     (3) To employ as a dispatcher, or otherwise so use the
19 services of, any person who does not have at the commencement
20 of employment or service, or at any time during the course of
21 employment or service, a valid, current dispatcher's or
22 operator's employment permit or temporary dispatcher's or
23 operator's employment permit issued in accordance with
24 Sections 18a-403 or 18a-407 of this Chapter; or to fail to
25 notify the Commission, in writing, of any known criminal
26 conviction of any employee occurring at any time before or
27 during the course of employment or service;
28     (4) To operate upon the highways of this State any vehicle
29 used in connection with any commercial vehicle relocation
30 service unless:
31         (A) There is painted or firmly affixed to the vehicle
32     on both sides of the vehicle in a color or colors vividly
33     contrasting to the color of the vehicle the name, address
34     and telephone number of the relocator. The Commission shall
35     prescribe reasonable rules and regulations pertaining to

 

 

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1     insignia to be painted or firmly affixed to vehicles and
2     shall waive the requirements of the address on any vehicle
3     in cases where the operator of a vehicle has painted or
4     otherwise firmly affixed to the vehicle a seal or trade
5     mark that clearly identifies the operator of the vehicle;
6     and
7         (B) There is carried in the power unit of the vehicle a
8     certified copy of the currently effective relocator's
9     license and operator's employment permit. Copies may be
10     photographed, photocopied, or reproduced or printed by any
11     other legible and durable process. Any person guilty of not
12     causing to be displayed a copy of his relocator's license
13     and operator's employment permit may in any hearing
14     concerning the violation be excused from the payment of the
15     penalty hereinafter provided upon a showing that the
16     license was issued by the Commission, but was subsequently
17     lost or destroyed;
18     (5) To operate upon the highways of this State any vehicle
19 used in connection with any commercial vehicle relocation
20 service that bears the name or address and telephone number of
21 any person or entity other than the relocator by which it is
22 owned or to which it is leased;
23     (6) To advertise in any newspaper, book, list, classified
24 directory or other publication unless there is contained in the
25 advertisement the license number of the relocator;
26     (7) To remove any vehicle from private property without
27 having first obtained the written authorization of the property
28 owner or other person in lawful possession or control of the
29 property, his authorized agent, or an authorized law
30 enforcement officer. The authorization may be on a contractual
31 basis covering a period of time or limited to a specific
32 removal;
33     (8) To charge the private property owner, who requested
34 that an unauthorized vehicle be removed from his property, with
35 the costs of removing the vehicle contrary to any terms that
36 may be a part of the contract between the property owner and

 

 

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1 the commercial relocator. Nothing in this paragraph shall
2 prevent a relocator from assessing, collecting, or receiving
3 from the property owner, lessee, or their agents any fee
4 prescribed by the Commission;
5     (9) To remove a vehicle when the owner or operator of the
6 vehicle is present or arrives at the vehicle location at any
7 time prior to the completion of removal, and is willing and
8 able to remove the vehicle immediately;
9     (10) To remove any vehicle from property on which signs are
10 required and on which there are not posted appropriate signs
11 under Section 18a-302;
12     (11) To fail to notify law enforcement authorities in the
13 jurisdiction in which the trespassing vehicle was removed
14 within one hour of the removal. Notification shall include a
15 complete description of the vehicle, registration numbers if
16 possible, the locations from which and to which the vehicle was
17 removed, the time of removal, and any other information
18 required by regulation, statute or ordinance;
19     (12) To impose any charge other than in accordance with the
20 rates set by the Commission as provided in paragraph (6) of
21 Section 18a-200 of this Chapter;
22     (12.1) To impose any charge other than in accordance with
23 subsection (b) of Section 18a-501 of this Chapter;
24     (13) To fail, in the office or location at which relocated
25 vehicles are routinely returned to their owners, to prominently
26 post the name, address and telephone number of the nearest
27 office of the Commission to which inquiries or complaints may
28 be sent;
29     (13.1) To fail to distribute to each owner or operator of a
30 relocated vehicle, in written form as prescribed by Commission
31 rule or regulation, the relevant statutes, regulations and
32 ordinances governing commercial vehicle relocators, including,
33 in at least 12 point boldface type, the name, address and
34 telephone number of the nearest office of the Commission to
35 which inquiries or complaints may be sent;
36     (14) To remove any vehicle, otherwise in accordance with

 

 

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1 this Chapter, more than 15 air miles from its location when
2 towed from a location in an unincorporated area of a county or
3 more than 10 air miles from its location when towed from any
4 other location;
5     (15) To fail to make a telephone number available to the
6 police department of any municipality in which a relocator
7 operates at which the relocator or an employee of the relocator
8 may be contacted at any time during the hours in which the
9 relocator is engaged in the towing of vehicles, or advertised
10 as engaged in the towing of vehicles, for the purpose of
11 effectuating the release of a towed vehicle; or to fail to
12 include the telephone number in any advertisement of the
13 relocator's services published or otherwise appearing on or
14 after the effective date of this amendatory Act; or to fail to
15 have an employee available at any time on the premises owned or
16 controlled by the relocator for the purposes of arranging for
17 the immediate release of the vehicle.
18     Apart from any other penalty or liability authorized under
19 this Act, if after a reasonable effort, the owner of the
20 vehicle is unable to make telephone contact with the relocator
21 for a period of one hour from his initial attempt during any
22 time period in which the relocator is required to respond at
23 the number, all fees for towing, storage, or otherwise are to
24 be waived. Proof of 3 attempted phone calls to the number
25 provided to the police department by an officer or employee of
26 the department on behalf of the vehicle owner within the space
27 of one hour, at least 2 of which are separated by 45 minutes,
28 shall be deemed sufficient proof of the owner's reasonable
29 effort to make contact with the vehicle relocator. Failure of
30 the relocator to respond to the phone calls is not a criminal
31 violation of this Chapter;
32     (16) To use equipment which the relocator does not own,
33 except in compliance with Section 18a-306 of this Chapter and
34 Commission regulations. No equipment can be leased to more than
35 one relocator at any time. Equipment leases shall be filed with
36 the Commission. If equipment is leased to one relocator, it

 

 

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1 cannot thereafter be leased to another relocator until a
2 written cancellation of lease is properly filed with the
3 Commission;
4     (17) To use drivers or other personnel who are not
5 employees or contractors of the relocator;
6     (18) To fail to refund any amount charged in excess of the
7 reasonable rate established by the Commission;
8     (19) To violate any other provision of this Chapter, or of
9 Commission regulations or orders adopted under this Chapter.
10 (Source: P.A. 88-448.)
 
11     (625 ILCS 5/18a-501)  (from Ch. 95 1/2, par. 18a-501)
12     Sec. 18a-501. Liens against relocated vehicles.
13     (a) Subject to subsection (b), unauthorized Unauthorized
14 vehicles removed and stored by a commercial vehicle relocator
15 in compliance with this Chapter shall be subject to the
16 statutory a possessory lien for services pursuant to the Labor
17 and Storage Lien (Small Amount) Act, and the provisions of
18 Section 1 of that Act relating to notice and implied consent
19 shall be deemed satisfied by compliance with Section 18a-302
20 and item (10) of Section 18a-300. In no event shall such lien
21 be greater than the rate or rates established in accordance
22 with item (6) of Section 18a-200. In no event shall such lien
23 be increased or altered to reflect any charge for services or
24 materials rendered in addition to those authorized by this Act.
25 Every such lien shall be payable by use of any major credit
26 card, in addition to being payable in cash. Upon receipt of a
27 properly signed credit card receipt, a relocator shall become a
28 holder in due course, and neither the holder of the credit card
29 nor the company which issued the credit card may thereafter
30 refuse to remit payment in the amount shown on the credit card
31 receipt minus the ordinary charge assessed by the credit card
32 company for processing the charge. The Commission may adopt
33 regulations governing acceptance of credit cards by a
34 relocator.
35     (b) Except as otherwise provided in this subsection (b),

 

 

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1 the relocator or possessor of any relocated vehicle must,
2 within 10 days of taking possession of the vehicle, notify the
3 registered owner and any lienholders of the vehicle, as
4 disclosed by the vehicle registration records of the Illinois
5 Secretary of State, by first class and certified mail, return
6 receipt requested, that the vehicle has been relocated. If the
7 Secretary of State does not provide to the relocator or
8 possessor of the relocated vehicle the name and address of the
9 registered owner and any lienholders of the vehicle within 10
10 days after the relocator or possessor took possession of the
11 vehicle, however, the required notice must be sent no later
12 than 3 business days after owner and lienholder information has
13 been furnished to the relocator or possessor of the relocated
14 vehicle. The notice shall disclose the date of relocation, the
15 address where the vehicle is located, and an itemization of all
16 authorized charges claimed. If the required notice is not
17 provided within the period provided for in this subsection (b),
18 the lien of the relocator or possessor of the vehicle shall not
19 exceed the vehicle storage charges for 10 days, or for the
20 period ending 3 business days after the Secretary of State
21 furnished owner and lienholder information to the relocator or
22 possessor of the vehicle. If notice is given within the time
23 period provided for in this subsection (b), the relocator or
24 possessor of the vehicle is entitled to a lien on the vehicle
25 for storage charges for the number of days the vehicle was
26 stored. The lien of the relocator or possessor of the vehicle
27 also may include the costs of a title search necessary to
28 identify the registered owner and lienholder, in amounts
29 prescribed by the Secretary of State under Section 3-821.1 of
30 this Code. A lienholder, or its authorized representative may,
31 during normal business hours and on reasonable prior notice to
32 the relocator or possessor of the vehicle, make one reasonable
33 inspection and examination of the vehicle without charge or
34 cost. At any time before the vehicle is disposed of as provided
35 by law, the registered owner or lienholder legally entitled to
36 its possession may reclaim the vehicle by presenting proof of

 

 

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1 ownership or of the right to possession of the vehicle and by
2 payment of all towing and storage charges authorized by law.
3     This subsection (b) does not apply to the relocation or
4 possession of any vehicle relocated before January 1, 2006.
5 (Source: P.A. 91-357, eff. 7-29-99.)
 
6     Section 10. The Automotive Repair Act is amended by
7 changing Section 70 and adding Section 71 as follows:
 
8     (815 ILCS 306/70)
9     Sec. 70. Removal of vehicle from facility. Upon reasonable
10 notice and during the motor vehicle repair facility's business
11 hours, a consumer, the lienholder, or another legally entitled
12 person may remove a vehicle from a motor vehicle repair
13 facility upon paying for the following:
14         (1) Labor actually performed.
15         (2) Parts actually installed.
16         (3) Parts ordered specifically for the consumer's car
17     if the order is not cancelable or the parts are not
18     returnable for cash or credit.
19         (4) Storage charges imposed in accordance with the
20     schedule of charges if disclosed to consumers prior to
21     repairs and in accordance with Section 61 of this Act.
22         (5) The costs of a title search necessary to identify
23     the registered owner and lienholder, in amounts prescribed
24     by the Secretary of State under Section 3-821.1 of this
25     Code.
26 (Source: P.A. 90-426, eff. 1-1-98.)
 
27     (815 ILCS 306/71 new)
28     Sec. 71. Notice to registered owner, lienholder, or other
29 legally entitled persons.
30     (a) If the consumer fails to remove the vehicle within 15
31 days of being notified that automotive repair is complete, the
32 automotive repair facility shall send a request for owner and
33 lienholder information to the Illinois Secretary of State, as

 

 

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1 provided in paragraph (b) of this Section. Within 3 business
2 days of receipt of owner and lienholder information from the
3 Secretary of State, the automotive repair facility shall send a
4 notification by certified mail to the registered owner, the
5 lienholder, and any other legally entitled persons advising
6 where the vehicle is held and detailing all charges claimed to
7 be due. Upon request of the registered owner, lienholder, or
8 other legally entitled person, the automotive repair facility
9 shall, without charge, provide copies of all documentation of
10 the repairs and authorization for the repairs. A lienholder or
11 its authorized representative may, during normal business
12 hours and on reasonable prior notice to the automotive repair
13 facility in possession of the vehicle, make one reasonable
14 inspection and examination of the vehicle without charge or
15 cost.
16     (b) When ownership or lienholder information is needed for
17 an automotive repair facility to give notification as required
18 under this Code, the automotive repair facility shall cause the
19 vehicle registration records of the State of Illinois to be
20 searched by the Secretary of State.
21     The written request of an automotive repair facility, in
22 the form and containing the information prescribed by the
23 Secretary of State by rule, may be transmitted to the Secretary
24 of State in person, by U.S. mail or other delivery service, by
25 facsimile transmission, or by other means the Secretary of
26 State deems acceptable.
27     The Secretary of State shall provide the required
28 information, or a statement that the information was not found
29 in the vehicle registration records of the State, by U.S. mail
30 or other delivery service, facsimile transmission, as
31 requested by the automotive repair facility, or by other means
32 acceptable to the Secretary of State.
33     (c) The Secretary of State may adopt rules for submission
34 of requests for record searches and replies via computer link.
35     (d) Fees for services provided under this Section shall be
36 in amounts prescribed by the Secretary of State under Section

 

 

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1 3-821.1 of the Illinois Vehicle Code. Payment may be made by
2 the automotive repair facility using cash, any commonly
3 accepted credit card, or any other means of payment deemed
4 acceptable by the Secretary of State.
5     (e) Failure to provide the notice required by this Section
6 shall not result in a barring of any lien for actual parts or
7 labor expended that were otherwise properly authorized under
8 this Act. After failing to provide the required notice,
9 however, the automotive repair facility may not claim any
10 additional charges, including but not limited to storage or
11 holding charges related to any delay in the removal of the
12 vehicle, other than those storage or holding charges imposed in
13 the first 15 days.
 
14     Section 15. The Automotive Collision Repair Act is amended
15 by changing Section 60 and adding Section 61 as follows:
 
16     (815 ILCS 308/60)
17     Sec. 60. Removal of motor vehicle from facility. Upon
18 reasonable notice and during the collision repair facility's
19 business hours, a consumer, the lienholder, or another legally
20 entitled person may remove a motor vehicle from a collision
21 repair facility upon paying for the following:
22         (1) Labor actually performed.
23         (2) Parts actually installed.
24         (3) Parts ordered specifically for the consumer's car
25     if the order is not cancelable or the parts are not
26     returnable for cash or credit.
27         (4) Storage and administrative charges imposed in
28     accordance with the schedule of charges if posted on a sign
29     within the shop or otherwise disclosed to consumers prior
30     to repairs and in accordance with Section 61 of this Act.
31         (5) The costs of a title search necessary to identify
32     the registered owner and lienholder, in amounts prescribed
33     by the Secretary of State under Section 3-821.1 of this
34     Code.

 

 

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1 (Source: P.A. 93-565, eff. 1-1-04.)
 
2     (815 ILCS 308/61 new)
3     Sec. 61. Notice to registered owner, lienholder, or other
4 legally entitled persons.
5     (a) If the consumer fails to remove the vehicle within 15
6 days of being notified that automotive collision and body
7 repair is complete, the automotive collision and body repair
8 facility shall send a request for owner and lienholder
9 information to the Illinois Secretary of State, as provided in
10 paragraph (b) of this Section. Within 3 business days of
11 receipt of owner and lienholder information from the Secretary
12 of State, the automotive repair facility shall send
13 notification by certified mail to the registered owner, the
14 lienholder, and other legally entitled persons, advising where
15 the vehicle is held and detailing all charges claimed to be
16 due. Upon request of the registered owner, lienholder, or other
17 legally entitled person, the automotive repair facility shall,
18 without charge, provide copies of all documentation of the
19 repairs and authorization for the repairs. A lienholder or its
20 authorized representative may, during normal business hours
21 and on reasonable prior notice to the automotive collision and
22 body repair facility in possession of the vehicle, make one
23 reasonable inspection and examination of the vehicle without
24 charge or cost.
25     (b) If ownership or lienholder information is needed for an
26 automotive collision and body repair facility to give
27 notification as required under this Code, the automotive
28 collision and body repair facility shall cause the vehicle
29 registration records of the State of Illinois to be searched by
30 the Secretary of State.
31     The written request of an automotive collision and body
32 repair facility, in the form and containing the information
33 prescribed by the Secretary of State by rule, may be
34 transmitted to the Secretary of State in person, by U.S. mail
35 or other delivery service, by facsimile transmission, or by

 

 

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1 other means the Secretary of State deems acceptable.
2     The Secretary of State shall provide the required
3 information, or a statement that the information was not found
4 in the vehicle registration records of the State, by U.S. mail
5 or other delivery service or by facsimile transmission, as
6 requested by the automotive collision and body repair facility,
7 or by other means acceptable to the Secretary of State.
8     (c) The Secretary of State shall adopt rules for submission
9 of requests for record searches and replies via computer link.
10     (d) Fees for services provided under this Section shall be
11 in amounts prescribed by the Secretary of State under Section
12 3-821.1 of the Illinois Vehicle Code. Payment may be made by
13 the automotive collision and body repair facility using cash,
14 any commonly accepted credit card, or any other means of
15 payment deemed acceptable by the Secretary of State.
16     (e) Failure to provide the notice required by this Section
17 shall not result in a barring of any lien for actual parts or
18 labor expended that were otherwise properly authorized
19 pursuant to this Act. After failing to provide the required
20 notice, however, the automotive collision and body repair
21 facility may not claim any additional charges, including but
22 not limited to storage or holding charges related to any delay
23 in the removal of the vehicle, other than those storage or
24 holding charges imposed in the first 15 days.
 
25     Section 99. Effective date. This Act takes effect January
26 1, 2006.