Full Text of SB1842 98th General Assembly
SB1842ham001 98TH GENERAL ASSEMBLY | Rep. Daniel V. Beiser Filed: 5/3/2013
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| 1 | | AMENDMENT TO SENATE BILL 1842
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1842 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 4-203 and 4-215 and by adding the heading of | 6 | | Article IV to Chapter 4 and Sections 4-400, 4-401, 4-402, and | 7 | | 4-403 as follows:
| 8 | | (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
| 9 | | Sec. 4-203. Removal of motor vehicles or other vehicles; | 10 | | Towing or
hauling away.
| 11 | | (a) When a vehicle is abandoned, or left unattended, on a | 12 | | toll
highway, interstate highway, or expressway for 2 hours or | 13 | | more, its
removal by a towing service may be authorized by a | 14 | | law enforcement
agency having jurisdiction.
| 15 | | (b) When a vehicle is abandoned on a highway in an urban | 16 | | district 10
hours or more, its removal by a towing service may |
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| 1 | | be authorized by a
law enforcement agency having jurisdiction.
| 2 | | (c) When a vehicle is abandoned or left unattended on a | 3 | | highway
other than a toll highway, interstate highway, or | 4 | | expressway, outside of
an urban district for 24 hours or more, | 5 | | its removal by a towing service
may be authorized by a law | 6 | | enforcement agency having jurisdiction.
| 7 | | (d) When an abandoned, unattended, wrecked, burned or | 8 | | partially
dismantled vehicle is creating a traffic hazard | 9 | | because of its position
in relation to the highway or its | 10 | | physical appearance is causing the
impeding of traffic, its | 11 | | immediate removal from the highway or private
property adjacent | 12 | | to the highway by a towing service may be authorized
by a law | 13 | | enforcement agency having jurisdiction.
| 14 | | (e) Whenever a
peace officer reasonably believes that a | 15 | | person under
arrest for a violation of Section 11-501 of this | 16 | | Code or a similar
provision of a local ordinance is likely, | 17 | | upon release, to commit a
subsequent violation of Section | 18 | | 11-501, or a similar provision of a local
ordinance, the | 19 | | arresting officer shall have the vehicle which the person
was | 20 | | operating at the time of the arrest impounded for a period of | 21 | | not more
than 12 hours after the time of arrest. However, such | 22 | | vehicle may be
released by the arresting law enforcement agency | 23 | | prior to the end of the
impoundment period if:
| 24 | | (1) the vehicle was not owned by the person under | 25 | | arrest, and the lawful
owner requesting such release | 26 | | possesses a valid operator's license, proof
of ownership, |
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| 1 | | and would not, as determined by the arresting law | 2 | | enforcement
agency, indicate a lack of ability to operate a | 3 | | motor vehicle in a safe
manner, or who would otherwise, by | 4 | | operating such motor vehicle, be in
violation of this Code; | 5 | | or
| 6 | | (2) the vehicle is owned by the person under arrest, | 7 | | and the person
under arrest gives permission to another | 8 | | person to operate such vehicle,
provided however, that the | 9 | | other person possesses a valid operator's license
and would | 10 | | not, as determined by the arresting law enforcement
agency, | 11 | | indicate a lack of ability to operate a motor vehicle in a | 12 | | safe
manner or who would otherwise, by operating such motor | 13 | | vehicle, be in
violation of this Code.
| 14 | | (e-5) Whenever a registered owner of a vehicle is taken | 15 | | into custody for
operating the vehicle in violation of Section | 16 | | 11-501 of this Code or a similar
provision of a local ordinance | 17 | | or Section 6-303 of this Code, a
law enforcement officer
may | 18 | | have the vehicle immediately impounded for a period not less | 19 | | than:
| 20 | | (1) 24 hours for a second violation of Section 11-501 | 21 | | of this Code or a
similar provision of a local ordinance or | 22 | | Section 6-303
of
this Code or a combination of these | 23 | | offenses; or
| 24 | | (2) 48 hours for a third violation of Section 11-501 of | 25 | | this Code or a
similar provision of a local ordinance or | 26 | | Section 6-303 of this
Code or a combination of these |
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| 1 | | offenses.
| 2 | | The vehicle may be released sooner if the vehicle is owned | 3 | | by the person
under arrest and the person under arrest gives | 4 | | permission to another person to
operate the vehicle and that | 5 | | other person possesses a valid operator's license
and would | 6 | | not, as determined by the arresting law enforcement agency, | 7 | | indicate
a lack of ability to operate a motor vehicle in a safe | 8 | | manner or would
otherwise, by operating the motor vehicle, be | 9 | | in violation of this Code.
| 10 | | (f) Except as provided in Chapter 18a of this Code, the | 11 | | owner or
lessor of privately owned real property within this | 12 | | State, or any person
authorized by such owner or lessor, or any | 13 | | law enforcement agency in the
case of publicly owned real | 14 | | property may cause any motor vehicle abandoned
or left | 15 | | unattended upon such property without permission to be removed | 16 | | by a
towing service without liability for the costs of removal, | 17 | | transportation
or storage or damage caused by such removal, | 18 | | transportation or storage.
The towing or removal of any vehicle | 19 | | from private property without the
consent of the registered | 20 | | owner or other legally authorized person in
control of the | 21 | | vehicle is subject to compliance with the following
conditions | 22 | | and restrictions:
| 23 | | 1. Any towed or removed vehicle must be stored at the | 24 | | site of the towing
service's place of business. The site | 25 | | must be open during business hours,
and for the purpose of | 26 | | redemption of vehicles, during the time that the
person or |
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| 1 | | firm towing such vehicle is open for towing purposes.
| 2 | | 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.
| 9 | | 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
| 14 | | 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.
| 18 | | 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.
| 25 | | 5. Except for property appurtenant to and obviously a | 26 | | part of a single
family residence, and except for instances |
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| 1 | | where notice is personally given
to the owner or other | 2 | | legally authorized person in control of the vehicle
that | 3 | | the area in which that vehicle is parked is reserved or | 4 | | otherwise
unavailable to unauthorized vehicles and they | 5 | | are subject to being removed
at the owner or operator's | 6 | | expense, any property owner or lessor, prior to
towing or | 7 | | removing any vehicle from private property without the | 8 | | consent of
the owner or other legally authorized person in | 9 | | control of that vehicle,
must post a notice meeting the | 10 | | following requirements:
| 11 | | a. Except as otherwise provided in subparagraph | 12 | | a.1 of this subdivision (f)5, the notice must be | 13 | | prominently placed at each driveway access or curb
cut | 14 | | allowing vehicular access to the property within 5 feet | 15 | | from the public
right-of-way line. If there are no | 16 | | curbs or access barriers, the sign must
be posted not | 17 | | less than one sign each 100 feet of lot frontage.
| 18 | | a.1. In a municipality with a population of less | 19 | | than 250,000, as an alternative to the requirement of | 20 | | subparagraph a of this subdivision (f)5, the notice for | 21 | | a parking lot contained within property used solely for | 22 | | a 2-family, 3-family, or 4-family residence may be | 23 | | prominently placed at the perimeter of the parking lot, | 24 | | in a position where the notice is visible to the | 25 | | occupants of vehicles entering the lot.
| 26 | | b. The notice must indicate clearly, in not less |
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| 1 | | than 2 inch high
light-reflective letters on a | 2 | | contrasting background, that unauthorized
vehicles | 3 | | will be towed away at the owner's expense.
| 4 | | c. The notice must also provide the name and | 5 | | current telephone
number of the towing service towing | 6 | | or removing the vehicle.
| 7 | | d. The sign structure containing the required | 8 | | notices must be
permanently installed with the bottom | 9 | | of the sign not less than 4 feet
above ground level, | 10 | | and must be continuously maintained on the property for
| 11 | | not less than 24 hours prior to the towing or removing | 12 | | of any vehicle.
| 13 | | 6. Any towing service that tows or removes vehicles and | 14 | | proposes to
require the owner, operator, or person in | 15 | | control of the vehicle to pay the
costs of towing and | 16 | | storage prior to redemption of the vehicle must file
and | 17 | | keep on record with the local law enforcement agency a | 18 | | complete copy of
the current rates to be charged for such | 19 | | services, and post at the storage
site an identical rate | 20 | | schedule and any written contracts with property
owners, | 21 | | lessors, or persons in control of property which authorize | 22 | | them to
remove vehicles as provided in this Section.
The | 23 | | towing and storage charges, however, shall not exceed the | 24 | | maximum allowed by the Illinois Commerce Commission under | 25 | | Section 18a-200.
| 26 | | 7. No person shall engage in the removal of vehicles |
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| 1 | | from private
property as described in this Section without | 2 | | filing a notice of intent
in each community where he | 3 | | intends to do such removal, and such
notice shall be filed | 4 | | at least 7 days before commencing such towing.
| 5 | | 8. No removal of a vehicle from private property shall | 6 | | be done except
upon express written instructions of the | 7 | | owners or persons in charge of the
private property upon | 8 | | which the vehicle is said to be trespassing.
| 9 | | 9. Vehicle entry for the purpose of removal shall be | 10 | | allowed with
reasonable care on the part of the person or | 11 | | firm towing the vehicle. Such
person or firm shall be | 12 | | liable for any damages occasioned to the vehicle if
such | 13 | | entry is not in accordance with the standards of reasonable | 14 | | care.
| 15 | | 10. When a vehicle has been towed or removed pursuant | 16 | | to this Section,
it must be released to its owner or | 17 | | custodian within one half hour after
requested, if such | 18 | | request is made during business hours. Any vehicle owner
or | 19 | | custodian or agent shall have the right to inspect the | 20 | | vehicle before
accepting its return, and no release or | 21 | | waiver of any kind which would
release the towing service | 22 | | from liability for damages incurred during the
towing and | 23 | | storage may be required from any vehicle owner or other | 24 | | legally
authorized person as a condition of release of the | 25 | | vehicle. A detailed,
signed receipt showing the legal name | 26 | | of the towing service must be given
to the person paying |
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| 1 | | towing or storage charges at the time of payment,
whether | 2 | | requested or not.
| 3 | | This Section shall not apply to law enforcement, | 4 | | firefighting, rescue,
ambulance, or other emergency vehicles | 5 | | which are marked as such or to
property owned by any | 6 | | governmental entity.
| 7 | | When an authorized person improperly causes a motor vehicle | 8 | | to be
removed, such person shall be liable to the owner or | 9 | | lessee of the vehicle
for the cost or removal, transportation | 10 | | and storage, any damages resulting
from the removal, | 11 | | transportation and storage, attorney's fee and court costs.
| 12 | | Any towing or storage charges accrued shall be payable by | 13 | | the use of any
major credit card, in addition to being payable | 14 | | in cash.
| 15 | | 11. Towing companies shall also provide insurance | 16 | | coverage for areas
where vehicles towed under the | 17 | | provisions of this Chapter will be impounded
or otherwise | 18 | | stored, and shall adequately cover loss by fire, theft or
| 19 | | other risks.
| 20 | | Any person who fails to comply with the conditions and | 21 | | restrictions of
this subsection shall be guilty of a Class C | 22 | | misdemeanor and shall be fined
not less than $100 nor more than | 23 | | $500.
| 24 | | (g)(1) When a vehicle is determined to be a hazardous | 25 | | dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | 26 | | Illinois Municipal Code or Section 5-12002.1 of the Counties |
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| 1 | | Code, its
removal and impoundment by a towing service may be | 2 | | authorized by a law
enforcement agency with appropriate | 3 | | jurisdiction.
| 4 | | (2) When a vehicle removal from either public or private | 5 | | property is
authorized by a law enforcement agency, the owner | 6 | | of the vehicle shall be
responsible for all towing and storage | 7 | | charges.
| 8 | | (3) Vehicles removed from public or private property and
| 9 | | stored by a commercial vehicle relocator or any other towing | 10 | | service authorized by a law enforcement agency in
compliance | 11 | | with this Section and Sections 4-201 and 4-202
of this Code, or | 12 | | at the request of the owner or lessor of privately owned real | 13 | | property, or any person authorized by that owner or lessor, in | 14 | | compliance with subsection (f) of this Section, or at the | 15 | | request of the vehicle owner or operator,
shall
be subject to a | 16 | | possessor lien for services
under Section 4-400 of this Code | 17 | | pursuant to the Labor and Storage Lien (Small Amount) Act . | 18 | | Notice The provisions of Section 1 of that Act relating to | 19 | | notice
and implied consent shall be deemed satisfied by | 20 | | compliance with Section
18a-302 and subsection (6) of Section | 21 | | 18a-300. In no event shall such lien
be greater than the rate | 22 | | or rates established in accordance with subsection
(6) of | 23 | | Section 18a-200 of this Code. In no event shall such lien be
| 24 | | increased or altered to reflect any charge for services or | 25 | | materials
rendered in addition to those authorized by this Act. | 26 | | Every such lien
shall be payable by use of any major credit |
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| 1 | | card, in addition to being
payable in cash.
| 2 | | (4) Any personal property belonging to the vehicle owner in | 3 | | a vehicle subject to a lien under this
subsection
(g) shall | 4 | | likewise be subject to that lien, excepting only:
child | 5 | | restraint systems as defined in Section 4 of the Child | 6 | | Passenger Protection Act and other child booster seats; | 7 | | eyeglasses; food; medicine; perishable property; any | 8 | | operator's licenses; any cash, credit
cards, or checks or | 9 | | checkbooks; any wallet, purse, or other property
containing any | 10 | | operator's license or other identifying documents or | 11 | | materials,
cash, credit cards, checks, or checkbooks; and any | 12 | | personal property belonging to a person other than the vehicle | 13 | | owner if that person provides adequate proof that the personal | 14 | | property belongs to that person. The spouse, child, mother, | 15 | | father, brother, or sister of the vehicle owner may claim | 16 | | personal property excepted under this paragraph (4) if the | 17 | | person claiming the personal property provides the commercial | 18 | | vehicle relocator or towing service with the authorization of | 19 | | the vehicle owner. | 20 | | (5) This paragraph (5) applies only in the case of a | 21 | | vehicle that is towed as a result of being involved in an | 22 | | accident. In addition to the personal property excepted under | 23 | | paragraph (4), all other personal property in a vehicle subject | 24 | | to a lien under this subsection (g) is exempt from that lien | 25 | | and may be claimed by the vehicle owner if the vehicle owner | 26 | | provides the commercial vehicle relocator or towing service |
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| 1 | | with proof that the vehicle owner has an insurance policy | 2 | | covering towing and storage fees. The spouse, child, mother, | 3 | | father, brother, or sister of the vehicle owner may claim | 4 | | personal property in a vehicle subject to a lien under this | 5 | | subsection (g) if the person claiming the personal property | 6 | | provides the commercial vehicle relocator or towing service | 7 | | with the authorization of the vehicle owner and proof that the | 8 | | vehicle owner has an insurance policy covering towing and | 9 | | storage fees. The regulation of liens on personal property and | 10 | | exceptions to those liens in the case of vehicles towed as a | 11 | | result of being involved in an accident are
exclusive powers | 12 | | and functions of the State. A home
rule unit may not regulate | 13 | | liens on personal property and exceptions to those liens in the | 14 | | case of vehicles towed as a result of being involved in an | 15 | | accident. This paragraph (5) is a denial and
limitation of home | 16 | | rule powers and functions under
subsection (h) of Section 6 of | 17 | | Article VII of the
Illinois Constitution. | 18 | | (6) No lien under this subsection (g) shall:
exceed $2,000 | 19 | | in its total amount; or
be increased or altered to reflect any | 20 | | charge for services or
materials rendered in addition to those | 21 | | authorized by this Act.
| 22 | | (h) Whenever a peace officer issues a citation to a driver | 23 | | for a violation of subsection (a) of Section 11-506 of this | 24 | | Code, the arresting officer may have the vehicle which the | 25 | | person was operating at the time of the arrest impounded for a | 26 | | period of 5 days after the time of arrest.
An impounding agency |
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| 1 | | shall release a motor vehicle impounded under this subsection | 2 | | (h) to the registered owner of the vehicle under any of the | 3 | | following circumstances: | 4 | | (1) If the vehicle is a stolen vehicle; or | 5 | | (2) If the person ticketed for a violation of | 6 | | subsection (a) of Section 11-506 of this Code was not | 7 | | authorized by the registered owner of the vehicle to | 8 | | operate the vehicle at the time of the violation; or | 9 | | (3) If the registered owner of the vehicle was neither | 10 | | the driver nor a passenger in the vehicle at the time of | 11 | | the violation or was unaware that the driver was using the | 12 | | vehicle to engage in street racing; or | 13 | | (4) If the legal owner or registered owner of the | 14 | | vehicle is a rental car agency; or | 15 | | (5) If, prior to the expiration of the impoundment | 16 | | period specified above, the citation is dismissed or the | 17 | | defendant is found not guilty of the offense.
| 18 | | (Source: P.A. 96-1274, eff. 7-26-10; 96-1506, eff. 1-27-11; | 19 | | 97-779, eff. 7-13-12.)
| 20 | | (625 ILCS 5/4-215)
| 21 | | Sec. 4-215. Rebuilt vehicles; clean titles. Persons | 22 | | licensed under
Section 5-301 of this Code may obtain a | 23 | | certificate of title that does not bear
the notation "REBUILT" | 24 | | from a certificate of purchase when the damage to the
vehicle | 25 | | is 33 1/3% 25% or less of its market value, there has been no |
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| 1 | | structural damage
to the vehicle, there is no history of a | 2 | | salvage certificate, and the vehicle
has undergone a salvage | 3 | | inspection by the Secretary of State and a safety
inspection | 4 | | under Section 13-101 of this Code. The application for a
| 5 | | certificate of title shall contain an affirmation under penalty | 6 | | for perjury
that the vehicle on the date of the application is | 7 | | not damaged in excess of 33 1/3% 25%
of its market value, has | 8 | | no structural damage, and has no history of
salvage.
| 9 | | (Source: P.A. 89-433, eff. 12-15-95.)
| 10 | | (625 ILCS 5/Ch. 4 Art. IV heading new) | 11 | | ARTICLE IV. MECHANIC'S LIENS AGAINST VEHICLES | 12 | | (625 ILCS 5/4-400 new) | 13 | | Sec. 4-400. Applicability. This Article applies to any | 14 | | person or entity providing labor, services, material, or | 15 | | storage for any vehicle at the request of the vehicle owner or | 16 | | authorized agent of the owner. For purposes of this Article, | 17 | | "owner" shall include the person who holds legal title to the | 18 | | vehicle, a lessee of the vehicle, or an authorized agent of the | 19 | | person who holds legal title or lessee. | 20 | | (625 ILCS 5/4-401 new) | 21 | | Sec. 4-401. Creation of lien. Any person or entity | 22 | | providing labor, services, material, or storage for any vehicle | 23 | | with the consent of the vehicle owner or authorized agent of |
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| 1 | | the vehicle owner shall be entitled to have a lien upon the | 2 | | vehicle for the contracted price of the services provided. Only | 3 | | costs for newspaper advertisements and certified mailings | 4 | | incurred as a result of enforcing a mechanic's lien may be | 5 | | added to the contracted price of the services originally | 6 | | provided to the vehicle owner. | 7 | | (625 ILCS 5/4-402 new) | 8 | | Sec. 4-402. Consent of vehicle owner. | 9 | | (a) Except as provided in subsection (c), to establish a | 10 | | lien under this Article the claimant must provide proof of | 11 | | consent by the vehicle owner for the contracted services. The | 12 | | vehicle owner's consent shall be demonstrated by a signed work | 13 | | order or estimate, or by a record of oral consent made on the | 14 | | work order or estimate. If the vehicle owner's consent is oral | 15 | | the claimant must provide the work order, estimate, or other | 16 | | written record used in the normal course of business that | 17 | | contains the date, time, name of the person authorizing the | 18 | | services, the name of the employee who spoke to the person | 19 | | authorizing the services, and the telephone number of the | 20 | | claimant, if any. If the only service provided is storage of a | 21 | | vehicle the claimant must provide a formal storage agreement, | 22 | | signed by the vehicle owner, setting forth the storage charge. | 23 | | If storage is provided incident to repairs authorized by the | 24 | | vehicle owner, the authorization for the repairs shall | 25 | | constitute authorization for storage. |
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| 1 | | (b) Any vehicle for which the claimant has possession but | 2 | | cannot provide proof of consent of the vehicle owner for labor, | 3 | | services, material, or storage shall be deemed an abandoned | 4 | | vehicle and disposal of the vehicle shall be governed by 1 | 5 | | Chapter 4, Article II of this Code. | 6 | | (c) Proof of consent of the vehicle owner for towing and | 7 | | storage charges is not required when the tow and storage are | 8 | | pursuant to authorization by a law enforcement agency or at the | 9 | | request of the owner or lessor of privately owned real | 10 | | property, or any person authorized by the owner or lessor, in | 11 | | compliance with subsection (f) of Section 4-203 of this Code. | 12 | | (625 ILCS 5/4-403 new) | 13 | | Sec. 4-403. Foreclosing mechanic's liens. | 14 | | (a) If a vehicle is not redeemed by the owner within 30 | 15 | | days after completion of the contracted services or 30 days | 16 | | after the date agreed upon by the parties, whichever is later, | 17 | | the claimant may begin to enforce a mechanic's lien. | 18 | | (b) The sale of the vehicle shall occur only after | 19 | | providing notice to the owner of the time and place of the | 20 | | sale. The claimant shall request the title records of the | 21 | | vehicle from the Secretary of State. If the Secretary of State | 22 | | cannot provide ownership information, the following means | 23 | | shall be used to identify the owner: | 24 | | (1) using the vehicle identification number to conduct | 25 | | a search through a commercial, nation-wide motor vehicle |
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| 1 | | information service; and | 2 | | (2) inspecting the vehicle for evidence of the name or | 3 | | address of the owner or state of registration. | 4 | | If evidence of the state of registration is found, the | 5 | | motor vehicle department of the particular state shall be | 6 | | contacted and requested to perform a record search for the name | 7 | | and address of any owner or lienholder. In lieu of contacting a | 8 | | motor vehicle department, the request for the name and address | 9 | | of any owner or lienholder may be made to any private entity | 10 | | approved by the Secretary of State for this purpose. | 11 | | (c) The claimant shall send notice by certified mail, or by | 12 | | any other method of mailing authorized by administrative rule, | 13 | | no less than 30 days prior to the sale to the owner of the | 14 | | vehicle and any lienholder. The notice, in addition to being | 15 | | mailed to the addresses provided on the record search, shall | 16 | | also be sent to any secondary address provided to the claimant | 17 | | by the vehicle owner. The notice shall include the name, | 18 | | address, and telephone number of the claimant, the hours of | 19 | | operation, the total amount owed, and the time and place of the | 20 | | sale. The sale must be held at the business location of the | 21 | | claimant. | 22 | | (d) In addition to the certified notice required under | 23 | | subsection (c) of this Section, the claimant shall publish one | 24 | | notice of the sale in a newspaper of general circulation in the | 25 | | city, village, or township where the claimant provided services | 26 | | for the vehicle. The notice shall be published no less than 14 |
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| 1 | | days prior to the date and time of the sale and shall set | 2 | | forth: | 3 | | (1) the date, time, and location of the sale; | 4 | | (2) the name of the vehicle owner, a description of the | 5 | | vehicle including a vehicle identification number, make, | 6 | | model, and year of manufacture; | 7 | | (3) the amount owed; and | 8 | | (4) a statement that unless the vehicle is redeemed | 9 | | prior to the date of the sale, it will be sold at sale. | 10 | | (e) The owner or lienholder of the vehicle may redeem the | 11 | | vehicle any time prior to the date of the sale. If the vehicle | 12 | | is not redeemed prior to the sale, the claimant may sell the | 13 | | vehicle at the time and place specified in the notice to | 14 | | satisfy the lien amount. The proceeds of the sale of the
| 15 | | vehicle in excess of the charges of the claimant shall be | 16 | | deposited with the county treasurer where the services of the | 17 | | claimant were provided. If the excess proceeds are not | 18 | | reclaimed by the vehicle owner or lienholder within 6 months, | 19 | | the excess proceeds shall be deposited by the county treasurer | 20 | | in the general revenue fund of the county. | 21 | | (f) After the sale of the vehicle the entity or individual | 22 | | purchasing the vehicle at sale shall apply for a certificate of | 23 | | title, salvage certificate, or junking certificate for the | 24 | | purchased vehicle as required by law. The entity or individual | 25 | | shall submit a title application along with the following | 26 | | documentation to the Secretary of State: |
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| 1 | | (1) a detailed, itemized estimate or invoice, | 2 | | including labor and parts, as originally prepared by the | 3 | | repairer, rebuilder, or other entity; | 4 | | (2) pictures of the vehicle; | 5 | | (3) a mechanic's lien affirmation, completed by the | 6 | | purchaser and the mechanic; | 7 | | (4) proof of a title record search; | 8 | | (5) proof of certified mail notification to the owner | 9 | | and lienholder; | 10 | | (6) proof of published notice; and | 11 | | (7) any other information as required by the Secretary | 12 | | of State. | 13 | | (g) The Secretary of State shall adopt rules to implement | 14 | | this Article. | 15 | | Section 10. The Labor and Storage Lien Act is amended by | 16 | | changing Section 1 as follows:
| 17 | | (770 ILCS 45/1) (from Ch. 82, par. 40)
| 18 | | Sec. 1.
Every person, firm or corporation who has
expended | 19 | | labor, skill or materials upon any chattel, or has furnished
| 20 | | storage for said chattel, at the request of its owner, reputed | 21 | | owner, or
authorized agent of the owner, or lawful possessor | 22 | | thereof, shall have a
lien upon such chattel beginning on the | 23 | | date of the commencement of such
expenditure of labor, skill | 24 | | and materials or of such storage for the
contract price for all |
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| 1 | | such expenditure of labor, skill or materials, or
for all such | 2 | | storage, or in the absence of such contract price, for the
| 3 | | reasonable worth of such expenditure of labor, skill and | 4 | | materials, or of
such storage, for a period of one year from | 5 | | and after the completion of
such expenditure of labor, skill or | 6 | | materials, or of such storage,
notwithstanding the fact that | 7 | | the possession of such chattel has been
surrendered to the | 8 | | owner, or lawful possessor thereof. The lien established in | 9 | | this Section shall not apply to labor, services, skill, or | 10 | | material upon or furnishing storage for motor vehicles. The | 11 | | provisions of the Illinois Vehicle Code shall apply for labor, | 12 | | services, skill, or materials provided for motor vehicles.
| 13 | | (Source: Laws 1921, p. 508.)
| 14 | | Section 15. The Labor and Storage Lien (Small Amount) Act | 15 | | is amended by changing Section 1 as follows:
| 16 | | (770 ILCS 50/1) (from Ch. 82, par. 47a)
| 17 | | Sec. 1.
Every person expending labor, services, skill or | 18 | | material
upon or furnishing storage for any chattel at the | 19 | | request of or with the
consent of its owner, authorized agent | 20 | | of the owner, or lawful possessor
thereof, in the amount of | 21 | | $2,000 or less, shall have a lien upon such
chattel beginning | 22 | | upon the date of commencement of such expenditure of
labor, | 23 | | services, skill, or materials or furnishing of storage, for the
| 24 | | contract price for all such expenditure of labor, services, |
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| 1 | | skill, or
material, until the possession of such chattel is | 2 | | voluntarily relinquished
to such owner or authorized agent, or | 3 | | to one entitled to the possession thereof.
| 4 | | For the purposes of this Act, a person, other than a driver | 5 | | or a person
otherwise in control of a fire, police, emergency | 6 | | or public utility vehicle
on official business, consents to | 7 | | removal by towing of his or her vehicle
when he or she without | 8 | | authorization parks such vehicle upon private property
while | 9 | | having notice that unauthorized vehicles will be towed from | 10 | | such property
by the owner of such property, or agent thereof, | 11 | | at the vehicle owner's
expense, where such notice is provided | 12 | | pursuant to State law, local
ordinances or regulation by any | 13 | | state or local agency. Such notice must
include a sign of at | 14 | | least 24 inches in height by 36 inches in width posted
in a | 15 | | conspicuous place in the affected area at least 4 feet from the | 16 | | ground
but not more than 8 feet from the ground. Such sign | 17 | | shall be either
illuminated or painted with reflective paint, | 18 | | or both and shall state the
amount of towing charges to which | 19 | | the person may be subjected. However,
the requirement of the | 20 | | sign provided for in this section shall not apply to
| 21 | | residential property which, paying due regard to the | 22 | | circumstances and the
surrounding area, is clearly reserved or | 23 | | intended exclusively for the use
or occupation of residents or | 24 | | their vehicles.
| 25 | | The lien established herein shall not also apply to labor, | 26 | | services, skills ,
or material upon or furnishing storage for |
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| 1 | | motor towed vehicles . The provisions of the Illinois Vehicle | 2 | | Code shall apply for labor, services, skill, or materials | 3 | | provided for motor vehicles. performed by any
relocator or any | 4 | | other towing service pursuant to the order of a law
enforcement | 5 | | official or agency in accordance with Sections 4-201 through
| 6 | | 4-214 of The Illinois Vehicle Code. The lien created herein | 7 | | shall be valid
even though the towing and storage is performed | 8 | | without the vehicle owner's consent.
| 9 | | (Source: P.A. 85-1283.)
| 10 | | Section 20. The Automotive Repair Act is amended by | 11 | | changing Section 30 as follows:
| 12 | | (815 ILCS 306/30)
| 13 | | Sec. 30. Consumer's authorization of repairs or other | 14 | | action. | 15 | | (a) After
receiving the estimate, the owner or the owner's | 16 | | agent may (i) authorize the
repairs at the estimate of cost and | 17 | | time in writing, (ii) request the return
of the motor vehicle | 18 | | in a disassembled state, or (iii) request that the
vehicle be | 19 | | assembled in reasonably the same condition as when released to | 20 | | the
motor vehicle repair facility, in which case the motor | 21 | | vehicle repair facility
shall make the motor vehicle available | 22 | | for possession within 3 working days
after the time of request, | 23 | | unless parts are not available, making additional
time | 24 | | necessary. The motor vehicle repair facility may receive |
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| 1 | | payment for
only those items on the schedule of charges to | 2 | | which the facility is entitled.
| 3 | | (b) If the consumer has been provided an estimate as | 4 | | required by Section 15 of this Act, and he or she does not | 5 | | authorize repairs or retrieve the vehicle within 30 days of the | 6 | | date on which the consumer is provided the estimate, the owner | 7 | | of the motor vehicle repair facility shall be entitled to a | 8 | | lien under Section 4-400 of the Illinois Vehicle Code. The lien | 9 | | shall be for the cost of storage provided incident to preparing | 10 | | the estimate and retaining control of the vehicle while waiting | 11 | | for the consumer to authorize the repairs or retrieve the | 12 | | vehicle. The consumer's consent to prepare the estimate shall | 13 | | serve as consent to provide storage. Proof of the consumer's | 14 | | consent to prepare the estimate must be shown in the same | 15 | | manner as proof of authorization for storage or repairs. When a | 16 | | lien obtained based on the provisions of this subsection is | 17 | | foreclosed, only a salvage certificate or junking certificate | 18 | | shall be issued for the vehicle. | 19 | | (Source: P.A. 90-426, eff. 1-1-98.)
| 20 | | Section 99. Effective date. This Act takes effect January | 21 | | 1, 2014.".
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