Full Text of SB0066 94th General Assembly
SB0066ham001 94TH GENERAL ASSEMBLY
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Transportation and Motor Vehicles Committee
Filed: 5/10/2005
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LRB094 05931 DRH 45534 a |
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| AMENDMENT TO SENATE BILL 66
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| AMENDMENT NO. ______. Amend Senate Bill 66 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by | 5 |
| changing Section 4-203 as follows:
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| (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
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| Sec. 4-203. Removal of motor vehicles or other vehicles; | 8 |
| Towing or
hauling away.
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| (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.
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| (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.
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| (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.
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| (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 |
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| immediate removal from the highway or private
property adjacent | 2 |
| to the highway by a towing service may be authorized
by a law | 3 |
| enforcement agency having jurisdiction.
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| (e) Whenever a
peace officer reasonably believes that a | 5 |
| person under
arrest for a violation of Section 11-501 of this | 6 |
| Code or a similar
provision of a local ordinance is likely, | 7 |
| upon release, to commit a
subsequent violation of Section | 8 |
| 11-501, or a similar provision of a local
ordinance, the | 9 |
| arresting officer shall have the vehicle which the person
was | 10 |
| operating at the time of the arrest impounded for a period of | 11 |
| not more
than 12 hours after the time of arrest. However, such | 12 |
| vehicle may be
released by the arresting law enforcement agency | 13 |
| prior to the end of the
impoundment period if:
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| (1) the vehicle was not owned by the person under | 15 |
| arrest, and the lawful
owner requesting such release | 16 |
| possesses a valid operator's license, proof
of ownership, | 17 |
| and would not, as determined by the arresting law | 18 |
| enforcement
agency, indicate a lack of ability to operate a | 19 |
| motor vehicle in a safe
manner, or who would otherwise, by | 20 |
| operating such motor vehicle, be in
violation of this Code; | 21 |
| or
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| (2) the vehicle is owned by the person under arrest, | 23 |
| and the person
under arrest gives permission to another | 24 |
| person to operate such vehicle,
provided however, that the | 25 |
| other person possesses a valid operator's license
and would | 26 |
| not, as determined by the arresting law enforcement
agency, | 27 |
| indicate a lack of ability to operate a motor vehicle in a | 28 |
| safe
manner or who would otherwise, by operating such motor | 29 |
| vehicle, be in
violation of this Code.
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| (e-5) Whenever a registered owner of a vehicle is taken | 31 |
| into custody for
operating the vehicle in violation of Section | 32 |
| 11-501 of this Code or a similar
provision of a local ordinance | 33 |
| or Section 6-303 of this Code, a
law enforcement officer
may | 34 |
| have the vehicle immediately impounded for a period not less |
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| than:
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| (1) 24 hours for a second violation of Section 11-501 | 3 |
| of this Code or a
similar provision of a local ordinance or | 4 |
| Section 6-303
of
this Code or a combination of these | 5 |
| offenses; or
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| (2) 48 hours for a third violation of Section 11-501 of | 7 |
| this Code or a
similar provision of a local ordinance or | 8 |
| Section 6-303 of this
Code or a combination of these | 9 |
| offenses.
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| The vehicle may be released sooner if the vehicle is owned | 11 |
| by the person
under arrest and the person under arrest gives | 12 |
| permission to another person to
operate the vehicle and that | 13 |
| other person possesses a valid operator's license
and would | 14 |
| not, as determined by the arresting law enforcement agency, | 15 |
| indicate
a lack of ability to operate a motor vehicle in a safe | 16 |
| manner or would
otherwise, by operating the motor vehicle, be | 17 |
| in violation of this Code.
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| (f) Except as provided in Chapter 18a of this Code, the | 19 |
| owner or
lessor of privately owned real property within this | 20 |
| State, or any person
authorized by such owner or lessor, or any | 21 |
| law enforcement agency in the
case of publicly owned real | 22 |
| property may cause any motor vehicle abandoned
or left | 23 |
| unattended upon such property without permission to be removed | 24 |
| by a
towing service without liability for the costs of removal, | 25 |
| transportation
or storage or damage caused by such removal, | 26 |
| transportation or storage.
The towing or removal of any vehicle | 27 |
| from private property without the
consent of the registered | 28 |
| owner or other legally authorized person in
control of the | 29 |
| vehicle is subject to compliance with the following
conditions | 30 |
| and restrictions:
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| 1. Any towed or removed vehicle must be stored at the | 32 |
| site of the towing
service's place of business. The site | 33 |
| must be open during business hours,
and for the purpose of | 34 |
| redemption of vehicles, during the time that the
person or |
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| firm towing such vehicle is open for towing purposes.
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| 2. The towing service shall within 30 minutes of | 3 |
| completion of such
towing or removal, notify the law | 4 |
| enforcement agency having jurisdiction of
such towing or | 5 |
| removal, and the make, model, color and license plate | 6 |
| number
of the vehicle, and shall obtain and record the name | 7 |
| of the person at the law
enforcement agency to whom such | 8 |
| information was reported.
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| 3. If the registered owner or legally authorized person | 10 |
| entitled to
possession of the vehicle shall arrive at the | 11 |
| scene prior to actual removal
or towing of the vehicle, the | 12 |
| vehicle shall be disconnected from the tow
truck and that | 13 |
| person shall be allowed to remove the vehicle without
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| interference, upon the payment of a reasonable service fee | 15 |
| of not more than
one half the posted rate of the towing | 16 |
| service as provided in paragraph
6 of this subsection, for | 17 |
| which a receipt shall be given.
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| 4. The rebate or payment of money or any other valuable | 19 |
| consideration
from the towing service or its owners, | 20 |
| managers or employees to the owners
or operators of the | 21 |
| premises from which the vehicles are towed or removed,
for | 22 |
| the privilege of removing or towing those vehicles, is | 23 |
| prohibited. Any
individual who violates this paragraph | 24 |
| shall be guilty of a Class A
misdemeanor.
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| 5. Except for property appurtenant to and obviously a | 26 |
| part of a single
family residence, and except for instances | 27 |
| where notice is personally given
to the owner or other | 28 |
| legally authorized person in control of the vehicle
that | 29 |
| the area in which that vehicle is parked is reserved or | 30 |
| otherwise
unavailable to unauthorized vehicles and they | 31 |
| are subject to being removed
at the owner or operator's | 32 |
| expense, any property owner or lessor, prior to
towing or | 33 |
| removing any vehicle from private property without the | 34 |
| consent of
the owner or other legally authorized person in |
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| control of that vehicle,
must post a notice meeting the | 2 |
| following requirements:
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| a. The notice must be prominently placed at each | 4 |
| driveway access or curb
cut allowing vehicular access | 5 |
| to the property within 5 feet from the public
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| right-of-way line. If there are no curbs or access | 7 |
| barriers, the sign must
be posted not less than one | 8 |
| sign each 100 feet of lot frontage.
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| b. The notice must indicate clearly, in not less | 10 |
| than 2 inch high
light-reflective letters on a | 11 |
| contrasting background, that unauthorized
vehicles | 12 |
| will be towed away at the owner's expense.
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| c. The notice must also provide the name and | 14 |
| current telephone
number of the towing service towing | 15 |
| or removing the vehicle.
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| d. The sign structure containing the required | 17 |
| notices must be
permanently installed with the bottom | 18 |
| of the sign not less than 4 feet
above ground level, | 19 |
| and must be continuously maintained on the property for
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| not less than 24 hours prior to the towing or removing | 21 |
| of any vehicle.
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| 6. Any towing service that tows or removes vehicles and | 23 |
| proposes to
require the owner, operator, or person in | 24 |
| control of the vehicle to pay the
costs of towing and | 25 |
| storage prior to redemption of the vehicle must file
and | 26 |
| keep on record with the local law enforcement agency a | 27 |
| complete copy of
the current rates to be charged for such | 28 |
| services, and post at the storage
site an identical rate | 29 |
| schedule and any written contracts with property
owners, | 30 |
| lessors, or persons in control of property which authorize | 31 |
| them to
remove vehicles as provided in this Section.
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| 7. No person shall engage in the removal of vehicles | 33 |
| from private
property as described in this Section without | 34 |
| filing a notice of intent
in each community where he |
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| intends to do such removal, and such
notice shall be filed | 2 |
| at least 7 days before commencing such towing.
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| 8. No removal of a vehicle from private property shall | 4 |
| be done except
upon express written instructions of the | 5 |
| owners or persons in charge of the
private property upon | 6 |
| which the vehicle is said to be trespassing.
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| 9. Vehicle entry for the purpose of removal shall be | 8 |
| allowed with
reasonable care on the part of the person or | 9 |
| firm towing the vehicle. Such
person or firm shall be | 10 |
| liable for any damages occasioned to the vehicle if
such | 11 |
| entry is not in accordance with the standards of reasonable | 12 |
| care.
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| 10. When a vehicle has been towed or removed pursuant | 14 |
| to this Section,
it must be released to its owner or | 15 |
| custodian within one half hour after
requested, if such | 16 |
| request is made during business hours. Any vehicle owner
or | 17 |
| custodian or agent shall have the right to inspect the | 18 |
| vehicle before
accepting its return, and no release or | 19 |
| waiver of any kind which would
release the towing service | 20 |
| from liability for damages incurred during the
towing and | 21 |
| storage may be required from any vehicle owner or other | 22 |
| legally
authorized person as a condition of release of the | 23 |
| vehicle. A detailed,
signed receipt showing the legal name | 24 |
| of the towing service must be given
to the person paying | 25 |
| towing or storage charges at the time of payment,
whether | 26 |
| requested or not.
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| This Section shall not apply to law enforcement, | 28 |
| firefighting, rescue,
ambulance, or other emergency vehicles | 29 |
| which are marked as such or to
property owned by any | 30 |
| governmental entity.
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| When an authorized person improperly causes a motor vehicle | 32 |
| to be
removed, such person shall be liable to the owner or | 33 |
| lessee of the vehicle
for the cost or removal, transportation | 34 |
| and storage, any damages resulting
from the removal, |
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| transportation and storage, attorney's fee and court costs.
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| Any towing or storage charges accrued shall be payable by | 3 |
| the use of any
major credit card, in addition to being payable | 4 |
| in cash.
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| 11. Towing companies shall also provide insurance | 6 |
| coverage for areas
where vehicles towed under the | 7 |
| provisions of this Chapter will be impounded
or otherwise | 8 |
| stored, and shall adequately cover loss by fire, theft or
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| other risks.
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| Any person who fails to comply with the conditions and | 11 |
| restrictions of
this subsection shall be guilty of a Class C | 12 |
| misdemeanor and shall be fined
not less than $100 nor more than | 13 |
| $500.
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| (g) When a vehicle is determined to be a hazardous | 15 |
| dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | 16 |
| Illinois Municipal Code, its
removal and impoundment by a | 17 |
| towing service may be authorized by a law
enforcement agency | 18 |
| with appropriate jurisdiction.
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| When a vehicle removal from either public or private | 20 |
| property is
authorized by a law enforcement agency, the owner | 21 |
| of the vehicle shall be
responsible for all towing and storage | 22 |
| charges.
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| Vehicles removed from public or private property and
stored | 24 |
| by a commercial vehicle relocator or any other towing service | 25 |
| in
compliance with this Section and Sections 4-201 and 4-202
of | 26 |
| this Code, or at the request of the vehicle owner or operator,
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| shall
be subject to a possessor lien for services
pursuant to | 28 |
| the Labor and Storage Lien (Small Amount) Act.
"An Act | 29 |
| concerning liens for labor,
services,
skill or materials
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| furnished upon or storage furnished for chattels", filed July | 31 |
| 24, 1941,
as amended, and The provisions of Section 1 of that | 32 |
| Act relating to notice
and implied consent shall be deemed | 33 |
| satisfied by compliance with Section
18a-302 and subsection (6) | 34 |
| of Section 18a-300. In no event shall such lien
be greater than |
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| the rate or rates established in accordance with subsection
(6) | 2 |
| of Section 18a-200 of this Code. In no event shall such lien be
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| increased or altered to reflect any charge for services or | 4 |
| materials
rendered in addition to those authorized by this Act. | 5 |
| Every such lien
shall be payable by use of any major credit | 6 |
| card, in addition to being
payable in cash.
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| Any personal property in a vehicle subject to a lien under | 8 |
| this
subsection
(g) shall likewise be subject to that lien, | 9 |
| excepting only:
food; medicine; perishable property; any | 10 |
| operator's licenses; any cash, credit
cards, or checks or | 11 |
| checkbooks; and any wallet, purse, or other property
containing | 12 |
| any operator's license or other identifying documents or | 13 |
| materials,
cash, credit cards, checks, or checkbooks.
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| No lien under this subsection (g) shall:
exceed $2,000 in | 15 |
| its total amount; or
be increased or altered to reflect any | 16 |
| charge for services or
materials rendered in addition to those | 17 |
| authorized by this Act.
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| (Source: P.A. 90-738, eff. 1-1-99.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.".
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