Full Text of SB3536 97th General Assembly
SB3536ham001 97TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 4/18/2012
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| 1 | | AMENDMENT TO SENATE BILL 3536
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3536 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 11-208.2 and 11-208.7 as follows:
| 6 | | (625 ILCS 5/11-208.2) (from Ch. 95 1/2, par. 11-208.2)
| 7 | | Sec. 11-208.2. Limitation on home rule units.
| 8 | | The provisions of this Chapter of this Act limit the | 9 | | authority of home
rule units to adopt local police regulations | 10 | | inconsistent herewith except
pursuant to Sections 11-208, | 11 | | 11-208.7, 11-209, 11-1005.1, 11-1412.1, and
11-1412.2 of this | 12 | | Chapter of this Act.
| 13 | | (Source: P.A. 92-868, eff. 6-1-03.)
| 14 | | (625 ILCS 5/11-208.7) | 15 | | Sec. 11-208.7. Administrative fees and procedures for |
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| 1 | | impounding vehicles for specified violations. | 2 | | (a) Any home rule county and any municipality that is not a | 3 | | home rule unit may, consistent with this Section, provide by | 4 | | ordinance procedures for the release of properly impounded | 5 | | vehicles and for the imposition of a reasonable administrative | 6 | | fee related to its administrative and processing costs | 7 | | associated with the investigation, arrest, and detention of an | 8 | | offender, or the removal, impoundment, storage, and release of | 9 | | the vehicle. The administrative fee imposed by the municipality | 10 | | may be in addition to any fees
charged for the towing and | 11 | | storage of an impounded vehicle. The administrative fee shall | 12 | | be waived by the municipality upon verifiable proof that the | 13 | | vehicle was stolen at the time the vehicle was impounded. | 14 | | (b) Any ordinance establishing procedures for the release | 15 | | of properly impounded vehicles under this Section may impose | 16 | | fees for the following violations: | 17 | | (1) operation or use of a motor vehicle in the | 18 | | commission of, or in the attempt to commit, an offense for | 19 | | which a motor vehicle may be seized and forfeited pursuant | 20 | | to Section 36-1 of the Criminal Code of 1961; or | 21 | | (2) driving under the influence of alcohol, another | 22 | | drug or drugs, an intoxicating compound or compounds, or | 23 | | any combination thereof, in violation of Section 11-501 of | 24 | | this Code; or | 25 | | (3) operation or use of a motor vehicle in the | 26 | | commission of, or in the attempt to commit, a felony or in |
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| 1 | | violation of the Cannabis Control Act; or | 2 | | (4) operation or use of a motor vehicle in the | 3 | | commission of, or in the attempt to commit, an offense in | 4 | | violation of the Illinois Controlled Substances Act; or | 5 | | (5) operation or use of a motor vehicle in the | 6 | | commission of, or in the attempt to commit, an offense in | 7 | | violation of Section 24-1, 24-1.5, or 24-3.1 of the | 8 | | Criminal Code of 1961; or | 9 | | (6) driving while a driver's license, permit, or | 10 | | privilege to operate a motor vehicle is suspended or | 11 | | revoked pursuant to Section 6-303 of this Code; except that | 12 | | vehicles shall not be subjected to seizure or impoundment | 13 | | if the suspension is for an unpaid citation (parking or | 14 | | moving) or due to failure to comply with emission testing; | 15 | | or | 16 | | (7) operation or use of a motor vehicle while | 17 | | soliciting, possessing, or attempting to solicit or | 18 | | possess cannabis or a controlled substance, as defined by | 19 | | the Cannabis Control Act or the Illinois Controlled | 20 | | Substances Act; or | 21 | | (8) operation or use of a motor vehicle with an expired | 22 | | driver's license, in violation of Section 6-101 of this | 23 | | Code, if the period of expiration is greater than one year; | 24 | | or | 25 | | (9) operation or use of a motor vehicle without ever | 26 | | having been issued a driver's license or permit, in |
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| 1 | | violation of Section 6-101 of this Code, or operating a | 2 | | motor vehicle without ever having been issued a driver's | 3 | | license or permit due to a person's age; or | 4 | | (10) operation or use of a motor vehicle by a person | 5 | | against whom a warrant has been issued by a circuit clerk | 6 | | in Illinois for failing to answer charges that the driver | 7 | | violated Section 6-101, 6-303, or 11-501 of this Code; or | 8 | | (11) operation or use of a motor vehicle in the | 9 | | commission of, or in the attempt to commit, an offense in | 10 | | violation of Article 16 or 16A of the Criminal Code of | 11 | | 1961; or | 12 | | (12) operation or use of a motor vehicle in the | 13 | | commission of, or in the attempt to commit, any other
| 14 | | misdemeanor or felony offense in violation of the Criminal | 15 | | Code of 1961, when so provided by
local ordinance. | 16 | | (c) The following shall apply to any fees imposed for | 17 | | administrative and processing costs pursuant to subsection | 18 | | (b): | 19 | | (1) All administrative fees and towing and storage | 20 | | charges shall be imposed on the registered owner of the | 21 | | motor vehicle or the agents of that owner. | 22 | | (2) The fees shall be in addition to (i) any other | 23 | | penalties that may be assessed by a court of law for the | 24 | | underlying violations; and (ii) any towing or storage fees, | 25 | | or both, charged by the towing company. | 26 | | (3) The fees shall be uniform for all similarly |
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| 1 | | situated vehicles. | 2 | | (4) The fees shall be collected by and paid to the | 3 | | municipality imposing the fees. | 4 | | (5) The towing or storage fees, or both, shall be | 5 | | collected by and paid to the person, firm, or entity that | 6 | | tows and stores the impounded vehicle. | 7 | | (d) Any ordinance establishing procedures for the release | 8 | | of properly impounded vehicles under this Section shall provide | 9 | | for an opportunity for a hearing, as provided in subdivision | 10 | | (b)(4) of Section 11-208.3 of this Code, and for the release of | 11 | | the vehicle to the owner of record, lessee, or a lienholder of | 12 | | record upon payment of all administrative fees and towing and | 13 | | storage fees. | 14 | | (e) Any ordinance establishing procedures for the | 15 | | impoundment
and release of vehicles under this Section shall | 16 | | include the following provisions concerning notice of | 17 | | impoundment: | 18 | | (1) Whenever
a police officer has cause to believe that | 19 | | a motor vehicle is subject to impoundment, the officer
| 20 | | shall provide for the towing of the vehicle to a facility | 21 | | authorized by the municipality. | 22 | | (2) At the
time the vehicle is towed, the municipality | 23 | | shall notify or make a reasonable attempt to notify the
| 24 | | owner, lessee, or person identifying himself or herself as | 25 | | the owner or lessee of the vehicle, or any person
who is | 26 | | found to be in control of the vehicle at the time of the |
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| 1 | | alleged offense, of the fact of the
seizure, and of the | 2 | | vehicle owner's or lessee's right to an administrative | 3 | | hearing. | 4 | | (3) The municipality shall
also provide notice that the | 5 | | motor vehicle will remain impounded pending the completion | 6 | | of an
administrative hearing, unless the owner or lessee of | 7 | | the vehicle or a lienholder posts with the
municipality a | 8 | | bond equal to the administrative fee as provided by | 9 | | ordinance and pays for all
towing and storage charges. | 10 | | (f) Any ordinance establishing procedures for the | 11 | | impoundment and
release of vehicles under this Section shall | 12 | | include a provision providing that the
registered owner or | 13 | | lessee of the vehicle and any lienholder of record shall be | 14 | | provided with a
notice of hearing. The notice shall: | 15 | | (1) be served upon the owner, lessee, and any | 16 | | lienholder of record either by personal service or by first | 17 | | class mail to the interested party's address as registered | 18 | | with the Secretary of State; | 19 | | (2) be served upon interested parties within 10 days | 20 | | after a vehicle is impounded by the municipality; and | 21 | | (3) contain the date, time, and location of the | 22 | | administrative hearing. An
initial hearing shall be | 23 | | scheduled and convened no later than 45 days after the date | 24 | | of
the mailing of the notice of hearing. | 25 | | (g) In addition to the requirements contained in
| 26 | | subdivision (b)(4) of Section 11-208.3 of this Code relating to |
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| 1 | | administrative hearings, any ordinance providing for the | 2 | | impoundment
and release of vehicles under this Section shall | 3 | | include the following requirements concerning administrative | 4 | | hearings: | 5 | | (1) administrative hearings shall be conducted by a | 6 | | hearing officer who is an attorney licensed to practice law | 7 | | in this State for a minimum of 3 years; | 8 | | (1.5) no more than 2 continuances may be granted for | 9 | | the administrative hearing; | 10 | | (2) at the conclusion of the administrative hearing, | 11 | | the hearing officer shall issue
a written decision either | 12 | | sustaining or overruling the vehicle impoundment; | 13 | | (3) if the basis for the vehicle
impoundment is | 14 | | sustained by the administrative hearing officer, any | 15 | | administrative fee posted to
secure the release of the | 16 | | vehicle shall be forfeited to the municipality; | 17 | | (4) all final decisions of the administrative hearing | 18 | | officer shall be subject to
review under the provisions of | 19 | | the Administrative Review Law; and | 20 | | (5) unless the administrative hearing
officer | 21 | | overturns the basis for the vehicle impoundment, no vehicle | 22 | | shall be released to the owner, lessee, or lienholder of | 23 | | record until
all administrative fees and towing and storage | 24 | | charges are paid. | 25 | | (h) Vehicles not retrieved from the towing facility or | 26 | | storage facility
within 5 working 35 days after the |
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| 1 | | administrative hearing officer issues a written decision shall | 2 | | be deemed abandoned and disposed of in accordance with the | 3 | | provisions of Article II of Chapter
4 of this Code. | 4 | | (i) Unless stayed by a court of competent jurisdiction, any | 5 | | fine, penalty, or administrative fee imposed under this
Section | 6 | | which remains unpaid in whole or in part after the expiration | 7 | | of the deadline for seeking judicial
review under the | 8 | | Administrative Review Law may be enforced in the same manner as | 9 | | a judgment entered by a court of
competent jurisdiction. | 10 | | (j) Nothing in this Section is a limitation of home rule | 11 | | powers. Nothing in this Section preempts the authority of a | 12 | | home rule unit to adopt regulations concerning administrative | 13 | | fees and procedures for impounding vehicles.
| 14 | | (Source: P.A. 97-109, eff. 1-1-12.)".
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