Full Text of SB1519 101st General Assembly
SB1519sam001 101ST GENERAL ASSEMBLY | Sen. Emil Jones, III Filed: 3/26/2019
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| 1 | | AMENDMENT TO SENATE BILL 1519
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1519 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 4-216 and 11-208.7 as follows: | 6 | | (625 ILCS 5/4-216) | 7 | | Sec. 4-216. Storage fees; notice to lienholder of record. | 8 | | (a) Any commercial vehicle relocator or any other private | 9 | | towing service providing removal or towing services pursuant to | 10 | | this Code and seeking to impose fees in connection with the | 11 | | furnishing of storage for a vehicle in the possession of the | 12 | | commercial vehicle relocator or other private towing service | 13 | | must provide written notice within 2 business days after the | 14 | | vehicle is removed or towed, by certified mail, return receipt | 15 | | requested, to the lienholder of record, regardless of whether | 16 | | the commercial vehicle relocator or other private towing |
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| 1 | | service enforces a lien under the Labor and Storage Lien Act or | 2 | | the Labor and Storage Lien (Small Amount) Act. The notice shall | 3 | | be effective upon mailing and include the rate at which fees | 4 | | will be incurred, and shall provide the lienholder of record | 5 | | with an opportunity to inspect the vehicle on the premises | 6 | | where the vehicle is stored within 2 business days of the | 7 | | lienholder of record's lienholder's request. The date on which | 8 | | the assessment and accrual of storage fees may commence is the | 9 | | date of the impoundment of the vehicle, subject to any | 10 | | applicable limitations set forth by a municipality authorizing | 11 | | the vehicle removal. Payment of the storage fees by the | 12 | | lienholder of record may be made in cash or by cashier's check, | 13 | | certified check, debit card, credit card, or wire transfer, at | 14 | | the option of the lienholder of record taking possession of the | 15 | | vehicle. The commercial vehicle relocator or other private | 16 | | towing service shall furnish a copy of the certified mail | 17 | | receipt to the lienholder of record upon request.
| 18 | | (b) The notification requirements in subsection (a) of this | 19 | | Section apply in addition to any lienholder of record notice | 20 | | requirements under this Code relating to the removal or towing | 21 | | of an abandoned, lost, stolen, or unclaimed vehicle. If the | 22 | | commercial vehicle relocator or other private towing service | 23 | | fails to comply with the notification requirements set forth in | 24 | | subsection (a) of this Section, storage fees shall not be | 25 | | assessed and collected and the lienholder of record shall be | 26 | | entitled to injunctive relief for possession of the vehicle |
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| 1 | | without the payment of any storage fees. | 2 | | (c) If the notification required under subsection (a) was | 3 | | not sent and a lienholder of record discovers its collateral is | 4 | | in the possession of a commercial vehicle relocator or other | 5 | | private towing service by means other than the notification | 6 | | required in subsection (a) of this Section, the lienholder of | 7 | | record is entitled to recover any storage fees paid to the | 8 | | commercial vehicle relocator or other private towing service to | 9 | | reclaim possession of its collateral. | 10 | | (d) An action under this Section may be brought by the | 11 | | lienholder of record against the commercial vehicle locator or | 12 | | other private towing service in the circuit court. | 13 | | (e) Notwithstanding any provision to the contrary in this | 14 | | Code, a commercial vehicle relocator or other private towing | 15 | | service seeking to impose storage fees for a vehicle in its | 16 | | possession may not foreclose or otherwise enforce its claim for | 17 | | payment of storage services or any lien relating to the claim | 18 | | pursuant to this Code or other applicable law unless it first | 19 | | complies with the lienholder of record notification | 20 | | requirements set forth in subsection (a) of this Section. | 21 | | (f) If the vehicle that is removed or towed is registered | 22 | | in a state other than Illinois, the assessment and accrual of | 23 | | storage fees may commence on the date that the request for | 24 | | lienholder of record information is filed by the commercial | 25 | | vehicle relocator or other private towing service with the | 26 | | applicable administrative agency or office in that state if: |
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| 1 | | (i) the commercial vehicle relocator or other private towing | 2 | | service furnishes the lienholder of record with a copy or proof | 3 | | of filing of the request for lienholder of record information; | 4 | | (ii) the commercial vehicle relocator or other private towing | 5 | | service provides to the lienholder of record the notification | 6 | | required by this Section within one business day after | 7 | | receiving the requested lienholder of record information; and | 8 | | (iii) the assessment of storage fees complies with any | 9 | | applicable limitations set forth by a municipality authorizing | 10 | | the vehicle removal.
| 11 | | (Source: P.A. 100-311, eff. 11-23-17; 100-863, eff. 8-14-18.) | 12 | | (625 ILCS 5/11-208.7) | 13 | | Sec. 11-208.7. Administrative fees and procedures for | 14 | | impounding vehicles for specified violations. | 15 | | (a) Any county or municipality may, consistent with this | 16 | | Section, provide by ordinance procedures for the release of | 17 | | properly impounded vehicles and for the imposition of a | 18 | | reasonable administrative fee related to its administrative | 19 | | and processing costs associated with the investigation, | 20 | | arrest, and detention of an offender, or the removal, | 21 | | impoundment, storage, and release of the vehicle. The | 22 | | administrative fee imposed by the county or municipality may be | 23 | | in addition to any fees
charged for the towing and storage of | 24 | | an impounded vehicle. The administrative fee shall be waived by | 25 | | the county or municipality upon verifiable proof that the |
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| 1 | | vehicle was stolen at the time the vehicle was impounded. | 2 | | (b) An ordinance establishing procedures for the release of | 3 | | properly impounded vehicles under this Section may impose fees | 4 | | only for the following violations: | 5 | | (1) operation or use of a motor vehicle in the | 6 | | commission of, or in the attempt to commit, an offense for | 7 | | which a motor vehicle may be seized and forfeited pursuant | 8 | | to Section 36-1 of the Criminal Code of 2012; or | 9 | | (2) driving under the influence of alcohol, another | 10 | | drug or drugs, an intoxicating compound or compounds, or | 11 | | any combination thereof, in violation of Section 11-501 of | 12 | | this Code; or | 13 | | (3) operation or use of a motor vehicle in the | 14 | | commission of, or in the attempt to commit, a felony or in | 15 | | violation of the Cannabis Control Act; or | 16 | | (4) operation or use of a motor vehicle in the | 17 | | commission of, or in the attempt to commit, an offense in | 18 | | violation of the Illinois Controlled Substances Act; or | 19 | | (5) operation or use of a motor vehicle in the | 20 | | commission of, or in the attempt to commit, an offense in | 21 | | violation of Section 24-1, 24-1.5, or 24-3.1 of the | 22 | | Criminal Code of 1961 or the Criminal Code of 2012; or | 23 | | (6) driving while a driver's license, permit, or | 24 | | privilege to operate a motor vehicle is suspended or | 25 | | revoked pursuant to Section 6-303 of this Code; except that | 26 | | vehicles shall not be subjected to seizure or impoundment |
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| 1 | | if the suspension is for an unpaid citation (parking or | 2 | | moving) or due to failure to comply with emission testing; | 3 | | or | 4 | | (7) operation or use of a motor vehicle while | 5 | | soliciting, possessing, or attempting to solicit or | 6 | | possess cannabis or a controlled substance, as defined by | 7 | | the Cannabis Control Act or the Illinois Controlled | 8 | | Substances Act; or | 9 | | (8) operation or use of a motor vehicle with an expired | 10 | | driver's license, in violation of Section 6-101 of this | 11 | | Code, if the period of expiration is greater than one year; | 12 | | or | 13 | | (9) operation or use of a motor vehicle without ever | 14 | | having been issued a driver's license or permit, in | 15 | | violation of Section 6-101 of this Code, or operating a | 16 | | motor vehicle without ever having been issued a driver's | 17 | | license or permit due to a person's age; or | 18 | | (10) operation or use of a motor vehicle by a person | 19 | | against whom a warrant has been issued by a circuit clerk | 20 | | in Illinois for failing to answer charges that the driver | 21 | | violated Section 6-101, 6-303, or 11-501 of this Code; or | 22 | | (11) operation or use of a motor vehicle in the | 23 | | commission of, or in the attempt to commit, an offense in | 24 | | violation of Article 16 or 16A of the Criminal Code of 1961 | 25 | | or the Criminal Code of 2012; or | 26 | | (12) operation or use of a motor vehicle in the |
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| 1 | | commission of, or in the attempt to commit, any other
| 2 | | misdemeanor or felony offense in violation of the Criminal | 3 | | Code of 1961 or the Criminal Code of 2012, when so provided | 4 | | by
local ordinance; or | 5 | | (13) operation or use of a motor vehicle in violation | 6 | | of Section 11-503 of this Code: | 7 | | (A) while the vehicle is part of a funeral | 8 | | procession; or | 9 | | (B) in a manner that interferes with a funeral | 10 | | procession. | 11 | | (c) The following shall apply to any fees imposed for | 12 | | administrative and processing costs pursuant to subsection | 13 | | (b): | 14 | | (1) All administrative fees and towing and storage | 15 | | charges shall be imposed on the registered owner of the | 16 | | motor vehicle or the agents of that owner. | 17 | | (2) The fees shall be in addition to (i) any other | 18 | | penalties that may be assessed by a court of law for the | 19 | | underlying violations; and (ii) any towing or storage fees, | 20 | | or both, charged by the towing company. | 21 | | (3) The fees shall be uniform for all similarly | 22 | | situated vehicles. | 23 | | (4) The fees shall be collected by and paid to the | 24 | | county or municipality imposing the fees. | 25 | | (5) The towing or storage fees, or both, shall be | 26 | | collected by and paid to the person, firm, or entity that |
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| 1 | | tows and stores the impounded vehicle. | 2 | | (d) Any ordinance establishing procedures for the release | 3 | | of properly impounded vehicles under this Section shall provide | 4 | | for an opportunity for a hearing, as provided in subdivision | 5 | | (b)(4) of Section 11-208.3 of this Code, and for the release of | 6 | | the vehicle to the owner of record, lessee, or a lienholder of | 7 | | record upon payment of all administrative fees and towing and | 8 | | storage fees. | 9 | | (e) Any ordinance establishing procedures for the | 10 | | impoundment
and release of vehicles under this Section shall | 11 | | include the following provisions concerning notice of | 12 | | impoundment: | 13 | | (1) Whenever
a police officer has cause to believe that | 14 | | a motor vehicle is subject to impoundment, the officer
| 15 | | shall provide for the towing of the vehicle to a facility | 16 | | authorized by the county or municipality. | 17 | | (2) At the
time the vehicle is towed, the county or | 18 | | municipality shall notify , as soon as practicable, or make | 19 | | a reasonable attempt to notify the
owner, lessee, or person | 20 | | identifying himself or herself as the owner or lessee of | 21 | | the vehicle, or any person
who is found to be in control of | 22 | | the vehicle at the time of the alleged offense, of the fact | 23 | | of the
seizure, and of the vehicle owner's or lessee's | 24 | | right to an administrative hearing. Notice shall be given | 25 | | by the towing company to the lienholder of record pursuant | 26 | | to Section 4-216 of this Code. |
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| 1 | | (3) The county or municipality shall
also provide | 2 | | notice that the motor vehicle will remain impounded pending | 3 | | the completion of an
administrative hearing, unless the | 4 | | owner or lessee of the vehicle or a lienholder posts with | 5 | | the county or
municipality a bond equal to the | 6 | | administrative fee as provided by ordinance and pays for | 7 | | all
towing and storage charges. | 8 | | (f) Any ordinance establishing procedures for the | 9 | | impoundment and
release of vehicles under this Section shall | 10 | | include a provision providing that the
registered owner or | 11 | | lessee of the vehicle and any lienholder of record shall be | 12 | | provided with a
notice of hearing. The notice shall: | 13 | | (1) be served upon the owner, lessee, and any | 14 | | lienholder of record either by personal service or by first | 15 | | class mail to the interested party's address as registered | 16 | | with the Secretary of State; | 17 | | (2) be served upon interested parties within 10 days | 18 | | after a vehicle is impounded by the municipality; and | 19 | | (3) contain the date, time, and location of the | 20 | | administrative hearing. An
initial hearing shall be | 21 | | scheduled and convened no later than 45 days after the date | 22 | | of
the mailing of the notice of hearing. | 23 | | (g) In addition to the requirements contained in
| 24 | | subdivision (b)(4) of Section 11-208.3 of this Code relating to | 25 | | administrative hearings, any ordinance providing for the | 26 | | impoundment
and release of vehicles under this Section shall |
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| 1 | | include the following requirements concerning administrative | 2 | | hearings: | 3 | | (1) administrative hearings shall be conducted by a | 4 | | hearing officer who is an attorney licensed to practice law | 5 | | in this State for a minimum of 3 years; | 6 | | (2) at the conclusion of the administrative hearing, | 7 | | the hearing officer shall issue
a written decision either | 8 | | sustaining or overruling the vehicle impoundment; | 9 | | (3) if the basis for the vehicle
impoundment is | 10 | | sustained by the administrative hearing officer, any | 11 | | administrative fee posted to
secure the release of the | 12 | | vehicle shall be forfeited to the county or municipality; | 13 | | (4) all final decisions of the administrative hearing | 14 | | officer shall be subject to
review under the provisions of | 15 | | the Administrative Review Law, unless the county or | 16 | | municipality allows in the enabling ordinance for direct | 17 | | appeal to the circuit court having jurisdiction over the | 18 | | county or municipality; | 19 | | (5) unless the administrative hearing
officer | 20 | | overturns the basis for the vehicle impoundment, no vehicle | 21 | | shall be released to the owner, lessee, or lienholder of | 22 | | record until
all administrative fees and towing and storage | 23 | | charges are paid; and | 24 | | (6) if the administrative hearing officer finds that a | 25 | | county or municipality that impounds a vehicle exceeded its | 26 | | authority under this Code, the county or municipality shall |
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| 1 | | be liable to the registered owner or lessee of the vehicle | 2 | | for the cost of storage fees and reasonable attorney's | 3 | | fees. | 4 | | (h) Vehicles not retrieved from the towing facility or | 5 | | storage facility
within 35 days after the administrative | 6 | | hearing officer issues a written decision shall be deemed | 7 | | abandoned and disposed of in accordance with the provisions of | 8 | | Article II of Chapter
4 of this Code. | 9 | | (i) Unless stayed by a court of competent jurisdiction, any | 10 | | fine, penalty, or administrative fee imposed under this
Section | 11 | | which remains unpaid in whole or in part after the expiration | 12 | | of the deadline for seeking judicial
review under the | 13 | | Administrative Review Law may be enforced in the same manner as | 14 | | a judgment entered by a court of
competent jurisdiction.
| 15 | | (j) The fee limits in subsection (b), the exceptions in | 16 | | paragraph (6) of subsection (b), and all of paragraph (6) of | 17 | | subsection (g) of this Section shall not apply to a home rule | 18 | | unit that tows a vehicle on a public way if a circumstance | 19 | | requires the towing of the vehicle or if the vehicle is towed | 20 | | due to a violation of a statute or local ordinance, and the | 21 | | home rule unit: | 22 | | (1) owns and operates a towing facility within its | 23 | | boundaries for the storage of towed vehicles; and | 24 | | (2) owns and operates tow trucks or enters into a | 25 | | contract with a third party vendor to operate tow trucks. | 26 | | (k) Pursuant to Section 4-216 of this Code, the lienholder |
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| 1 | | of record shall have an opportunity to view the vehicle within | 2 | | 2 business days of the request. | 3 | | (Source: P.A. 98-518, eff. 8-22-13; 98-734, eff. 1-1-15; | 4 | | 98-756, eff. 7-16-14; 99-848, eff. 8-19-16.)
| 5 | | Section 99. Effective date. This Act takes effect 90 days | 6 | | after becoming law.".
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