Full Text of HB1693 97th General Assembly
HB1693 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1693 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/4-203 | from Ch. 95 1/2, par. 4-203 |
770 ILCS 90/3 | from Ch. 141, par. 3 |
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Amends the Illinois Vehicle Code and the Sale of Unclaimed Property Act. Changes the maximum amount of a lien for towing and storage of a vehicle under certain provisions of the Illinois Vehicle code to the actual towing and storage charges (instead of $2,000). Provides that a sale under the Sale of Unclaimed Property Act may be accomplished to enforce a lien for towing and storage of vehicles performed by any relocator or other towing service pursuant to the order of a law enforcement official or agency in accordance with provisions of the Illinois Vehicle Code, whether or not such towing and storage is performed without the vehicle owner's consent.
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| | A BILL FOR |
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| 1 | | AN ACT concerning liens.
| 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 | | Section 4-203 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 |
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| 1 | | physical appearance is causing the
impeding of traffic, its | 2 | | immediate removal from the highway or private
property adjacent | 3 | | to the highway by a towing service may be authorized
by a law | 4 | | enforcement agency having jurisdiction.
| 5 | | (e) Whenever a
peace officer reasonably believes that a | 6 | | person under
arrest for a violation of Section 11-501 of this | 7 | | Code or a similar
provision of a local ordinance is likely, | 8 | | upon release, to commit a
subsequent violation of Section | 9 | | 11-501, or a similar provision of a local
ordinance, the | 10 | | arresting officer shall have the vehicle which the person
was | 11 | | operating at the time of the arrest impounded for a period of | 12 | | not more
than 12 hours after the time of arrest. However, such | 13 | | vehicle may be
released by the arresting law enforcement agency | 14 | | prior to the end of the
impoundment period if:
| 15 | | (1) the vehicle was not owned by the person under | 16 | | arrest, and the lawful
owner requesting such release | 17 | | possesses a valid operator's license, proof
of ownership, | 18 | | and would not, as determined by the arresting law | 19 | | enforcement
agency, indicate a lack of ability to operate a | 20 | | motor vehicle in a safe
manner, or who would otherwise, by | 21 | | operating such motor vehicle, be in
violation of this Code; | 22 | | or
| 23 | | (2) the vehicle is owned by the person under arrest, | 24 | | and the person
under arrest gives permission to another | 25 | | person to operate such vehicle,
provided however, that the | 26 | | other person possesses a valid operator's license
and would |
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| 1 | | not, as determined by the arresting law enforcement
agency, | 2 | | indicate a lack of ability to operate a motor vehicle in a | 3 | | safe
manner or who would otherwise, by operating such motor | 4 | | vehicle, be in
violation of this Code.
| 5 | | (e-5) Whenever a registered owner of a vehicle is taken | 6 | | into custody for
operating the vehicle in violation of Section | 7 | | 11-501 of this Code or a similar
provision of a local ordinance | 8 | | or Section 6-303 of this Code, a
law enforcement officer
may | 9 | | have the vehicle immediately impounded for a period not less | 10 | | than:
| 11 | | (1) 24 hours for a second violation of Section 11-501 | 12 | | of this Code or a
similar provision of a local ordinance or | 13 | | Section 6-303
of
this Code or a combination of these | 14 | | offenses; or
| 15 | | (2) 48 hours for a third violation of Section 11-501 of | 16 | | this Code or a
similar provision of a local ordinance or | 17 | | Section 6-303 of this
Code or a combination of these | 18 | | offenses.
| 19 | | The vehicle may be released sooner if the vehicle is owned | 20 | | by the person
under arrest and the person under arrest gives | 21 | | permission to another person to
operate the vehicle and that | 22 | | other person possesses a valid operator's license
and would | 23 | | not, as determined by the arresting law enforcement agency, | 24 | | indicate
a lack of ability to operate a motor vehicle in a safe | 25 | | manner or would
otherwise, by operating the motor vehicle, be | 26 | | in violation of this Code.
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| 1 | | (f) Except as provided in Chapter 18a of this Code, the | 2 | | owner or
lessor of privately owned real property within this | 3 | | State, or any person
authorized by such owner or lessor, or any | 4 | | law enforcement agency in the
case of publicly owned real | 5 | | property may cause any motor vehicle abandoned
or left | 6 | | unattended upon such property without permission to be removed | 7 | | by a
towing service without liability for the costs of removal, | 8 | | transportation
or storage or damage caused by such removal, | 9 | | transportation or storage.
The towing or removal of any vehicle | 10 | | from private property without the
consent of the registered | 11 | | owner or other legally authorized person in
control of the | 12 | | vehicle is subject to compliance with the following
conditions | 13 | | and restrictions:
| 14 | | 1. Any towed or removed vehicle must be stored at the | 15 | | site of the towing
service's place of business. The site | 16 | | must be open during business hours,
and for the purpose of | 17 | | redemption of vehicles, during the time that the
person or | 18 | | firm towing such vehicle is open for towing purposes.
| 19 | | 2. The towing service shall within 30 minutes of | 20 | | completion of such
towing or removal, notify the law | 21 | | enforcement agency having jurisdiction of
such towing or | 22 | | removal, and the make, model, color and license plate | 23 | | number
of the vehicle, and shall obtain and record the name | 24 | | of the person at the law
enforcement agency to whom such | 25 | | information was reported.
| 26 | | 3. If the registered owner or legally authorized person |
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| 1 | | entitled to
possession of the vehicle shall arrive at the | 2 | | scene prior to actual removal
or towing of the vehicle, the | 3 | | vehicle shall be disconnected from the tow
truck and that | 4 | | person shall be allowed to remove the vehicle without
| 5 | | interference, upon the payment of a reasonable service fee | 6 | | of not more than
one half the posted rate of the towing | 7 | | service as provided in paragraph
6 of this subsection, for | 8 | | which a receipt shall be given.
| 9 | | 4. The rebate or payment of money or any other valuable | 10 | | consideration
from the towing service or its owners, | 11 | | managers or employees to the owners
or operators of the | 12 | | premises from which the vehicles are towed or removed,
for | 13 | | the privilege of removing or towing those vehicles, is | 14 | | prohibited. Any
individual who violates this paragraph | 15 | | shall be guilty of a Class A
misdemeanor.
| 16 | | 5. Except for property appurtenant to and obviously a | 17 | | part of a single
family residence, and except for instances | 18 | | where notice is personally given
to the owner or other | 19 | | legally authorized person in control of the vehicle
that | 20 | | the area in which that vehicle is parked is reserved or | 21 | | otherwise
unavailable to unauthorized vehicles and they | 22 | | are subject to being removed
at the owner or operator's | 23 | | expense, any property owner or lessor, prior to
towing or | 24 | | removing any vehicle from private property without the | 25 | | consent of
the owner or other legally authorized person in | 26 | | control of that vehicle,
must post a notice meeting the |
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| 1 | | following requirements:
| 2 | | a. Except as otherwise provided in subparagraph | 3 | | a.1 of this subdivision (f)5, the notice must be | 4 | | prominently placed at each driveway access or curb
cut | 5 | | allowing vehicular access to the property within 5 feet | 6 | | from the public
right-of-way line. If there are no | 7 | | curbs or access barriers, the sign must
be posted not | 8 | | less than one sign each 100 feet of lot frontage.
| 9 | | a.1. In a municipality with a population of less | 10 | | than 250,000, as an alternative to the requirement of | 11 | | subparagraph a of this subdivision (f)5, the notice for | 12 | | a parking lot contained within property used solely for | 13 | | a 2-family, 3-family, or 4-family residence may be | 14 | | prominently placed at the perimeter of the parking lot, | 15 | | in a position where the notice is visible to the | 16 | | occupants of vehicles entering the lot.
| 17 | | b. The notice must indicate clearly, in not less | 18 | | than 2 inch high
light-reflective letters on a | 19 | | contrasting background, that unauthorized
vehicles | 20 | | will be towed away at the owner's expense.
| 21 | | c. The notice must also provide the name and | 22 | | current telephone
number of the towing service towing | 23 | | or removing the vehicle.
| 24 | | d. The sign structure containing the required | 25 | | notices must be
permanently installed with the bottom | 26 | | of the sign not less than 4 feet
above ground level, |
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| 1 | | and must be continuously maintained on the property for
| 2 | | not less than 24 hours prior to the towing or removing | 3 | | of any vehicle.
| 4 | | 6. Any towing service that tows or removes vehicles and | 5 | | proposes to
require the owner, operator, or person in | 6 | | control of the vehicle to pay the
costs of towing and | 7 | | storage prior to redemption of the vehicle must file
and | 8 | | keep on record with the local law enforcement agency a | 9 | | complete copy of
the current rates to be charged for such | 10 | | services, and post at the storage
site an identical rate | 11 | | schedule and any written contracts with property
owners, | 12 | | lessors, or persons in control of property which authorize | 13 | | them to
remove vehicles as provided in this Section.
The | 14 | | towing and storage charges, however, shall not exceed the | 15 | | maximum allowed by the Illinois Commerce Commission under | 16 | | Section 18a-200.
| 17 | | 7. No person shall engage in the removal of vehicles | 18 | | from private
property as described in this Section without | 19 | | filing a notice of intent
in each community where he | 20 | | intends to do such removal, and such
notice shall be filed | 21 | | at least 7 days before commencing such towing.
| 22 | | 8. No removal of a vehicle from private property shall | 23 | | be done except
upon express written instructions of the | 24 | | owners or persons in charge of the
private property upon | 25 | | which the vehicle is said to be trespassing.
| 26 | | 9. Vehicle entry for the purpose of removal shall be |
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| 1 | | allowed with
reasonable care on the part of the person or | 2 | | firm towing the vehicle. Such
person or firm shall be | 3 | | liable for any damages occasioned to the vehicle if
such | 4 | | entry is not in accordance with the standards of reasonable | 5 | | care.
| 6 | | 10. When a vehicle has been towed or removed pursuant | 7 | | to this Section,
it must be released to its owner or | 8 | | custodian within one half hour after
requested, if such | 9 | | request is made during business hours. Any vehicle owner
or | 10 | | custodian or agent shall have the right to inspect the | 11 | | vehicle before
accepting its return, and no release or | 12 | | waiver of any kind which would
release the towing service | 13 | | from liability for damages incurred during the
towing and | 14 | | storage may be required from any vehicle owner or other | 15 | | legally
authorized person as a condition of release of the | 16 | | vehicle. A detailed,
signed receipt showing the legal name | 17 | | of the towing service must be given
to the person paying | 18 | | towing or storage charges at the time of payment,
whether | 19 | | requested or not.
| 20 | | This Section shall not apply to law enforcement, | 21 | | firefighting, rescue,
ambulance, or other emergency vehicles | 22 | | which are marked as such or to
property owned by any | 23 | | governmental entity.
| 24 | | When an authorized person improperly causes a motor vehicle | 25 | | to be
removed, such person shall be liable to the owner or | 26 | | lessee of the vehicle
for the cost or removal, transportation |
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| 1 | | and storage, any damages resulting
from the removal, | 2 | | transportation and storage, attorney's fee and court costs.
| 3 | | Any towing or storage charges accrued shall be payable by | 4 | | the use of any
major credit card, in addition to being payable | 5 | | in cash.
| 6 | | 11. Towing companies shall also provide insurance | 7 | | coverage for areas
where vehicles towed under the | 8 | | provisions of this Chapter will be impounded
or otherwise | 9 | | stored, and shall adequately cover loss by fire, theft or
| 10 | | other risks.
| 11 | | Any person who fails to comply with the conditions and | 12 | | restrictions of
this subsection shall be guilty of a Class C | 13 | | misdemeanor and shall be fined
not less than $100 nor more than | 14 | | $500.
| 15 | | (g) When a vehicle is determined to be a hazardous | 16 | | dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | 17 | | Illinois Municipal Code, its
removal and impoundment by a | 18 | | towing service may be authorized by a law
enforcement agency | 19 | | with appropriate jurisdiction.
| 20 | | When a vehicle removal from either public or private | 21 | | property is
authorized by a law enforcement agency, the owner | 22 | | of the vehicle shall be
responsible for all towing and storage | 23 | | charges.
| 24 | | Vehicles removed from public or private property and
stored | 25 | | by a commercial vehicle relocator or any other towing service | 26 | | authorized by a law enforcement agency in
compliance with this |
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| 1 | | Section and Sections 4-201 and 4-202
of this Code, or at the | 2 | | request of the vehicle owner or operator,
shall
be subject to a | 3 | | possessor lien for services
pursuant to the Labor and Storage | 4 | | Lien (Small Amount) Act. The provisions of Section 1 of that | 5 | | Act relating to notice
and implied consent shall be deemed | 6 | | satisfied by compliance with Section
18a-302 and subsection (6) | 7 | | of Section 18a-300. In no event shall such lien
be greater than | 8 | | the rate or rates established in accordance with subsection
(6) | 9 | | of Section 18a-200 of this Code. In no event shall such lien be
| 10 | | increased or altered to reflect any charge for services or | 11 | | materials
rendered in addition to those authorized by this Act. | 12 | | Every such lien
shall be payable by use of any major credit | 13 | | card, in addition to being
payable in cash.
| 14 | | No lien under this subsection (g) shall:
exceed actual | 15 | | towing and storage charges $2,000 in its total amount; or
be | 16 | | increased or altered to reflect any charge for services or
| 17 | | materials rendered in addition to those authorized by this Act.
| 18 | | (h) Whenever a peace officer issues a citation to a driver | 19 | | for a violation of subsection (a) of Section 11-506 of this | 20 | | Code, the arresting officer may have the vehicle which the | 21 | | person was operating at the time of the arrest impounded for a | 22 | | period of 5 days after the time of arrest.
An impounding agency | 23 | | shall release a motor vehicle impounded under this subsection | 24 | | (h) to the registered owner of the vehicle under any of the | 25 | | following circumstances: | 26 | | (1) If the vehicle is a stolen vehicle; or |
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| 1 | | (2) If the person ticketed for a violation of | 2 | | subsection (a) of Section 11-506 of this Code was not | 3 | | authorized by the registered owner of the vehicle to | 4 | | operate the vehicle at the time of the violation; or | 5 | | (3) If the registered owner of the vehicle was neither | 6 | | the driver nor a passenger in the vehicle at the time of | 7 | | the violation or was unaware that the driver was using the | 8 | | vehicle to engage in street racing; or | 9 | | (4) If the legal owner or registered owner of the | 10 | | vehicle is a rental car agency; or | 11 | | (5) If, prior to the expiration of the impoundment | 12 | | period specified above, the citation is dismissed or the | 13 | | defendant is found not guilty of the offense.
| 14 | | (Source: P.A. 95-310, eff. 1-1-08; 95-562, eff. 7-1-08; 95-621, | 15 | | eff. 6-1-08; 95-876, eff. 8-21-08; 96-1274, eff. 7-26-10.)
| 16 | | Section 10. The Sale of Unclaimed Property Act is amended | 17 | | by changing Section 3 as follows:
| 18 | | (770 ILCS 90/3) (from Ch. 141, par. 3)
| 19 | | Sec. 3.
All persons other than common carriers having a | 20 | | lien on personal
property, by virtue of the Innkeepers Lien Act | 21 | | or for more than $2,000 by
virtue of the Labor and Storage Lien | 22 | | Act may enforce the lien by a sale of
the property, on giving | 23 | | to the owner thereof, if he and his residence be
known to the | 24 | | person having such lien, 30 days' notice by certified mail, in
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| 1 | | writing of the time and place of such sale, and if the owner or | 2 | | his place
of residence be unknown to the person having such | 3 | | lien, then upon his
filing his affidavit to that effect with | 4 | | the clerk of the circuit court in
the county where such | 5 | | property is situated; notice of the sale may be given
by | 6 | | publishing the same once in each week for 3 successive weeks in | 7 | | some
newspaper of general circulation published in the county, | 8 | | and out of the
proceeds of the sale all costs and charges for | 9 | | advertising and making the
same, and the amount of the lien | 10 | | shall be paid, and the surplus, if any,
shall be paid to the | 11 | | owner of the property or, if not claimed by said
owner, such | 12 | | surplus, if any, shall be disposed under the Uniform | 13 | | Disposition
of Unclaimed Property Act. All sales pursuant to | 14 | | this Section must be
public and conducted in a commercially | 15 | | reasonable manner so as to maximize
the net proceeds of the | 16 | | sale. Conformity to the requirements of this Act
shall be a | 17 | | perpetual bar to any action against such lienor by any person
| 18 | | for the recovery of such chattels or the value thereof or any | 19 | | damages
growing out of the failure of such person to receive | 20 | | such chattels.
| 21 | | A sale pursuant to this Section may be accomplished to | 22 | | enforce a lien for towing and storage of vehicles performed by | 23 | | any relocator or other towing service pursuant to the order of | 24 | | a law enforcement official or agency in accordance with Section | 25 | | 4-201 through 4-214 of the Illinois Vehicle Code, whether or | 26 | | not such towing and storage is performed without the vehicle |
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| 1 | | owner's consent. | 2 | | (Source: P.A. 87-206.)
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