Illinois General Assembly - Full Text of SB1842
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Full Text of SB1842  98th General Assembly


Rep. Daniel V. Beiser

Filed: 5/3/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 1842 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 4-203 and 4-215 and by adding the heading of
6Article IV to Chapter 4 and Sections 4-400, 4-401, 4-402, and
74-403 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;
10Towing or hauling away.
11    (a) When a vehicle is abandoned, or left unattended, on a
12toll highway, interstate highway, or expressway for 2 hours or
13more, its removal by a towing service may be authorized by a
14law enforcement agency having jurisdiction.
15    (b) When a vehicle is abandoned on a highway in an urban
16district 10 hours or more, its removal by a towing service may



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1be authorized by a law enforcement agency having jurisdiction.
2    (c) When a vehicle is abandoned or left unattended on a
3highway other than a toll highway, interstate highway, or
4expressway, outside of an urban district for 24 hours or more,
5its removal by a towing service may be authorized by a law
6enforcement agency having jurisdiction.
7    (d) When an abandoned, unattended, wrecked, burned or
8partially dismantled vehicle is creating a traffic hazard
9because of its position in relation to the highway or its
10physical appearance is causing the impeding of traffic, its
11immediate removal from the highway or private property adjacent
12to the highway by a towing service may be authorized by a law
13enforcement agency having jurisdiction.
14    (e) Whenever a peace officer reasonably believes that a
15person under arrest for a violation of Section 11-501 of this
16Code or a similar provision of a local ordinance is likely,
17upon release, to commit a subsequent violation of Section
1811-501, or a similar provision of a local ordinance, the
19arresting officer shall have the vehicle which the person was
20operating at the time of the arrest impounded for a period of
21not more than 12 hours after the time of arrest. However, such
22vehicle may be released by the arresting law enforcement agency
23prior 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
15into custody for operating the vehicle in violation of Section
1611-501 of this Code or a similar provision of a local ordinance
17or Section 6-303 of this Code, a law enforcement officer may
18have the vehicle immediately impounded for a period not less
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
3by the person under arrest and the person under arrest gives
4permission to another person to operate the vehicle and that
5other person possesses a valid operator's license and would
6not, as determined by the arresting law enforcement agency,
7indicate a lack of ability to operate a motor vehicle in a safe
8manner or would otherwise, by operating the motor vehicle, be
9in violation of this Code.
10    (f) Except as provided in Chapter 18a of this Code, the
11owner or lessor of privately owned real property within this
12State, or any person authorized by such owner or lessor, or any
13law enforcement agency in the case of publicly owned real
14property may cause any motor vehicle abandoned or left
15unattended upon such property without permission to be removed
16by a towing service without liability for the costs of removal,
17transportation or storage or damage caused by such removal,
18transportation or storage. The towing or removal of any vehicle
19from private property without the consent of the registered
20owner or other legally authorized person in control of the
21vehicle is subject to compliance with the following conditions
22and 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,
4firefighting, rescue, ambulance, or other emergency vehicles
5which are marked as such or to property owned by any
6governmental entity.
7    When an authorized person improperly causes a motor vehicle
8to be removed, such person shall be liable to the owner or
9lessee of the vehicle for the cost or removal, transportation
10and storage, any damages resulting from the removal,
11transportation and storage, attorney's fee and court costs.
12    Any towing or storage charges accrued shall be payable by
13the use of any major credit card, in addition to being payable
14in 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
21restrictions of this subsection shall be guilty of a Class C
22misdemeanor and shall be fined not less than $100 nor more than
24    (g)(1) When a vehicle is determined to be a hazardous
25dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
26Illinois Municipal Code or Section 5-12002.1 of the Counties



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1Code, its removal and impoundment by a towing service may be
2authorized by a law enforcement agency with appropriate
4    (2) When a vehicle removal from either public or private
5property is authorized by a law enforcement agency, the owner
6of the vehicle shall be responsible for all towing and storage
8    (3) Vehicles removed from public or private property and
9stored by a commercial vehicle relocator or any other towing
10service authorized by a law enforcement agency in compliance
11with this Section and Sections 4-201 and 4-202 of this Code, or
12at the request of the owner or lessor of privately owned real
13property, or any person authorized by that owner or lessor, in
14compliance with subsection (f) of this Section, or at the
15request of the vehicle owner or operator, shall be subject to a
16possessor lien for services under Section 4-400 of this Code
17pursuant to the Labor and Storage Lien (Small Amount) Act.
18Notice The provisions of Section 1 of that Act relating to
19notice and implied consent shall be deemed satisfied by
20compliance with Section 18a-302 and subsection (6) of Section
2118a-300. In no event shall such lien be greater than the rate
22or rates established in accordance with subsection (6) of
23Section 18a-200 of this Code. In no event shall such lien be
24increased or altered to reflect any charge for services or
25materials rendered in addition to those authorized by this Act.
26Every such lien shall be payable by use of any major credit



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1card, in addition to being payable in cash.
2    (4) Any personal property belonging to the vehicle owner in
3a vehicle subject to a lien under this subsection (g) shall
4likewise be subject to that lien, excepting only: child
5restraint systems as defined in Section 4 of the Child
6Passenger Protection Act and other child booster seats;
7eyeglasses; food; medicine; perishable property; any
8operator's licenses; any cash, credit cards, or checks or
9checkbooks; any wallet, purse, or other property containing any
10operator's license or other identifying documents or
11materials, cash, credit cards, checks, or checkbooks; and any
12personal property belonging to a person other than the vehicle
13owner if that person provides adequate proof that the personal
14property belongs to that person. The spouse, child, mother,
15father, brother, or sister of the vehicle owner may claim
16personal property excepted under this paragraph (4) if the
17person claiming the personal property provides the commercial
18vehicle relocator or towing service with the authorization of
19the vehicle owner.
20    (5) This paragraph (5) applies only in the case of a
21vehicle that is towed as a result of being involved in an
22accident. In addition to the personal property excepted under
23paragraph (4), all other personal property in a vehicle subject
24to a lien under this subsection (g) is exempt from that lien
25and may be claimed by the vehicle owner if the vehicle owner
26provides the commercial vehicle relocator or towing service



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1with proof that the vehicle owner has an insurance policy
2covering towing and storage fees. The spouse, child, mother,
3father, brother, or sister of the vehicle owner may claim
4personal property in a vehicle subject to a lien under this
5subsection (g) if the person claiming the personal property
6provides the commercial vehicle relocator or towing service
7with the authorization of the vehicle owner and proof that the
8vehicle owner has an insurance policy covering towing and
9storage fees. The regulation of liens on personal property and
10exceptions to those liens in the case of vehicles towed as a
11result of being involved in an accident are exclusive powers
12and functions of the State. A home rule unit may not regulate
13liens on personal property and exceptions to those liens in the
14case of vehicles towed as a result of being involved in an
15accident. This paragraph (5) is a denial and limitation of home
16rule powers and functions under subsection (h) of Section 6 of
17Article VII of the Illinois Constitution.
18    (6) No lien under this subsection (g) shall: exceed $2,000
19in its total amount; or be increased or altered to reflect any
20charge for services or materials rendered in addition to those
21authorized by this Act.
22    (h) Whenever a peace officer issues a citation to a driver
23for a violation of subsection (a) of Section 11-506 of this
24Code, the arresting officer may have the vehicle which the
25person was operating at the time of the arrest impounded for a
26period of 5 days after the time of arrest. An impounding agency



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1shall release a motor vehicle impounded under this subsection
2(h) to the registered owner of the vehicle under any of the
3following 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;
1997-779, eff. 7-13-12.)
20    (625 ILCS 5/4-215)
21    Sec. 4-215. Rebuilt vehicles; clean titles. Persons
22licensed under Section 5-301 of this Code may obtain a
23certificate of title that does not bear the notation "REBUILT"
24from a certificate of purchase when the damage to the vehicle
25is 33 1/3% 25% or less of its market value, there has been no



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1structural damage to the vehicle, there is no history of a
2salvage certificate, and the vehicle has undergone a salvage
3inspection by the Secretary of State and a safety inspection
4under Section 13-101 of this Code. The application for a
5certificate of title shall contain an affirmation under penalty
6for perjury that the vehicle on the date of the application is
7not damaged in excess of 33 1/3% 25% of its market value, has
8no 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)

12    (625 ILCS 5/4-400 new)
13    Sec. 4-400. Applicability. This Article applies to any
14person or entity providing labor, services, material, or
15storage for any vehicle at the request of the vehicle owner or
16authorized agent of the owner. For purposes of this Article,
17"owner" shall include the person who holds legal title to the
18vehicle, a lessee of the vehicle, or an authorized agent of the
19person who holds legal title or lessee.
20    (625 ILCS 5/4-401 new)
21    Sec. 4-401. Creation of lien. Any person or entity
22providing labor, services, material, or storage for any vehicle
23with the consent of the vehicle owner or authorized agent of



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1the vehicle owner shall be entitled to have a lien upon the
2vehicle for the contracted price of the services provided. Only
3costs for newspaper advertisements and certified mailings
4incurred as a result of enforcing a mechanic's lien may be
5added to the contracted price of the services originally
6provided 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
10lien under this Article the claimant must provide proof of
11consent by the vehicle owner for the contracted services. The
12vehicle owner's consent shall be demonstrated by a signed work
13order or estimate, or by a record of oral consent made on the
14work order or estimate. If the vehicle owner's consent is oral
15the claimant must provide the work order, estimate, or other
16written record used in the normal course of business that
17contains the date, time, name of the person authorizing the
18services, the name of the employee who spoke to the person
19authorizing the services, and the telephone number of the
20claimant, if any. If the only service provided is storage of a
21vehicle the claimant must provide a formal storage agreement,
22signed by the vehicle owner, setting forth the storage charge.
23If storage is provided incident to repairs authorized by the
24vehicle owner, the authorization for the repairs shall
25constitute authorization for storage.



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1    (b) Any vehicle for which the claimant has possession but
2cannot provide proof of consent of the vehicle owner for labor,
3services, material, or storage shall be deemed an abandoned
4vehicle and disposal of the vehicle shall be governed by 1
5Chapter 4, Article II of this Code.
6    (c) Proof of consent of the vehicle owner for towing and
7storage charges is not required when the tow and storage are
8pursuant to authorization by a law enforcement agency or at the
9request of the owner or lessor of privately owned real
10property, or any person authorized by the owner or lessor, in
11compliance 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
15days after completion of the contracted services or 30 days
16after the date agreed upon by the parties, whichever is later,
17the claimant may begin to enforce a mechanic's lien.
18    (b) The sale of the vehicle shall occur only after
19providing notice to the owner of the time and place of the
20sale. The claimant shall request the title records of the
21vehicle from the Secretary of State. If the Secretary of State
22cannot provide ownership information, the following means
23shall 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
5motor vehicle department of the particular state shall be
6contacted and requested to perform a record search for the name
7and address of any owner or lienholder. In lieu of contacting a
8motor vehicle department, the request for the name and address
9of any owner or lienholder may be made to any private entity
10approved by the Secretary of State for this purpose.
11    (c) The claimant shall send notice by certified mail, or by
12any other method of mailing authorized by administrative rule,
13no less than 30 days prior to the sale to the owner of the
14vehicle and any lienholder. The notice, in addition to being
15mailed to the addresses provided on the record search, shall
16also be sent to any secondary address provided to the claimant
17by the vehicle owner. The notice shall include the name,
18address, and telephone number of the claimant, the hours of
19operation, the total amount owed, and the time and place of the
20sale. The sale must be held at the business location of the
22    (d) In addition to the certified notice required under
23subsection (c) of this Section, the claimant shall publish one
24notice of the sale in a newspaper of general circulation in the
25city, village, or township where the claimant provided services
26for the vehicle. The notice shall be published no less than 14



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1days prior to the date and time of the sale and shall set
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
11vehicle any time prior to the date of the sale. If the vehicle
12is not redeemed prior to the sale, the claimant may sell the
13vehicle at the time and place specified in the notice to
14satisfy the lien amount. The proceeds of the sale of the
15vehicle in excess of the charges of the claimant shall be
16deposited with the county treasurer where the services of the
17claimant were provided. If the excess proceeds are not
18reclaimed by the vehicle owner or lienholder within 6 months,
19the excess proceeds shall be deposited by the county treasurer
20in the general revenue fund of the county.
21    (f) After the sale of the vehicle the entity or individual
22purchasing the vehicle at sale shall apply for a certificate of
23title, salvage certificate, or junking certificate for the
24purchased vehicle as required by law. The entity or individual
25shall submit a title application along with the following
26documentation 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
14this Article.
15    Section 10. The Labor and Storage Lien Act is amended by
16changing 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
19labor, skill or materials upon any chattel, or has furnished
20storage for said chattel, at the request of its owner, reputed
21owner, or authorized agent of the owner, or lawful possessor
22thereof, shall have a lien upon such chattel beginning on the
23date of the commencement of such expenditure of labor, skill
24and materials or of such storage for the contract price for all



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1such expenditure of labor, skill or materials, or for all such
2storage, or in the absence of such contract price, for the
3reasonable worth of such expenditure of labor, skill and
4materials, or of such storage, for a period of one year from
5and after the completion of such expenditure of labor, skill or
6materials, or of such storage, notwithstanding the fact that
7the possession of such chattel has been surrendered to the
8owner, or lawful possessor thereof. The lien established in
9this Section shall not apply to labor, services, skill, or
10material upon or furnishing storage for motor vehicles. The
11provisions of the Illinois Vehicle Code shall apply for labor,
12services, skill, or materials provided for motor vehicles.
13(Source: Laws 1921, p. 508.)
14    Section 15. The Labor and Storage Lien (Small Amount) Act
15is 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
18material upon or furnishing storage for any chattel at the
19request of or with the consent of its owner, authorized agent
20of the owner, or lawful possessor thereof, in the amount of
21$2,000 or less, shall have a lien upon such chattel beginning
22upon the date of commencement of such expenditure of labor,
23services, skill, or materials or furnishing of storage, for the
24contract price for all such expenditure of labor, services,



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1skill, or material, until the possession of such chattel is
2voluntarily relinquished to such owner or authorized agent, or
3to one entitled to the possession thereof.
4    For the purposes of this Act, a person, other than a driver
5or a person otherwise in control of a fire, police, emergency
6or public utility vehicle on official business, consents to
7removal by towing of his or her vehicle when he or she without
8authorization parks such vehicle upon private property while
9having notice that unauthorized vehicles will be towed from
10such property by the owner of such property, or agent thereof,
11at the vehicle owner's expense, where such notice is provided
12pursuant to State law, local ordinances or regulation by any
13state or local agency. Such notice must include a sign of at
14least 24 inches in height by 36 inches in width posted in a
15conspicuous place in the affected area at least 4 feet from the
16ground but not more than 8 feet from the ground. Such sign
17shall be either illuminated or painted with reflective paint,
18or both and shall state the amount of towing charges to which
19the person may be subjected. However, the requirement of the
20sign provided for in this section shall not apply to
21residential property which, paying due regard to the
22circumstances and the surrounding area, is clearly reserved or
23intended exclusively for the use or occupation of residents or
24their vehicles.
25    The lien established herein shall not also apply to labor,
26services, skills, or material upon or furnishing storage for



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1motor towed vehicles. The provisions of the Illinois Vehicle
2Code shall apply for labor, services, skill, or materials
3provided for motor vehicles. performed by any relocator or any
4other towing service pursuant to the order of a law enforcement
5official or agency in accordance with Sections 4-201 through
64-214 of The Illinois Vehicle Code. The lien created herein
7shall be valid even though the towing and storage is performed
8without the vehicle owner's consent.
9(Source: P.A. 85-1283.)
10    Section 20. The Automotive Repair Act is amended by
11changing Section 30 as follows:
12    (815 ILCS 306/30)
13    Sec. 30. Consumer's authorization of repairs or other
15    (a) After receiving the estimate, the owner or the owner's
16agent may (i) authorize the repairs at the estimate of cost and
17time in writing, (ii) request the return of the motor vehicle
18in a disassembled state, or (iii) request that the vehicle be
19assembled in reasonably the same condition as when released to
20the motor vehicle repair facility, in which case the motor
21vehicle repair facility shall make the motor vehicle available
22for possession within 3 working days after the time of request,
23unless parts are not available, making additional time
24necessary. The motor vehicle repair facility may receive



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1payment for only those items on the schedule of charges to
2which the facility is entitled.
3    (b) If the consumer has been provided an estimate as
4required by Section 15 of this Act, and he or she does not
5authorize repairs or retrieve the vehicle within 30 days of the
6date on which the consumer is provided the estimate, the owner
7of the motor vehicle repair facility shall be entitled to a
8lien under Section 4-400 of the Illinois Vehicle Code. The lien
9shall be for the cost of storage provided incident to preparing
10the estimate and retaining control of the vehicle while waiting
11for the consumer to authorize the repairs or retrieve the
12vehicle. The consumer's consent to prepare the estimate shall
13serve as consent to provide storage. Proof of the consumer's
14consent to prepare the estimate must be shown in the same
15manner as proof of authorization for storage or repairs. When a
16lien obtained based on the provisions of this subsection is
17foreclosed, only a salvage certificate or junking certificate
18shall 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
211, 2014.".