Full Text of HB5108 95th General Assembly
HB5108enr 95TH GENERAL ASSEMBLY
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HB5108 Enrolled |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 4-205 as follows:
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| (625 ILCS 5/4-205) (from Ch. 95 1/2, par. 4-205)
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| Sec. 4-205. Record searches.
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| (a) When a law enforcement agency authorizing the | 9 |
| impounding of a vehicle
does not know the identity of the | 10 |
| registered owner, lienholder or other legally
entitled person, | 11 |
| that law enforcement agency will cause the vehicle
registration | 12 |
| records of the State of Illinois to be searched by the
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| Secretary of State for the purpose of obtaining the required | 14 |
| ownership
information.
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| (b) The law enforcement agency authorizing the impounding | 16 |
| of a vehicle
will cause the stolen motor vehicle files of the | 17 |
| State Police to be
searched by a directed communication to the | 18 |
| State Police for stolen or
wanted information on the vehicle. | 19 |
| When the State Police files are
searched with negative results, | 20 |
| the information contained in the
National Crime Information | 21 |
| Center (NCIC) files will be searched by the
State Police. The | 22 |
| information determined from these record searches will
be | 23 |
| returned to the requesting law enforcement agency for that |
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| agency's
use in sending a notification by certified mail to the | 2 |
| registered owner,
lienholder and other legally entitled | 3 |
| persons advising where the vehicle
is held, requesting a | 4 |
| disposition be made and setting forth public sale
information. | 5 |
| Notification shall be sent no later than 10 business days after
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| the date the law enforcement agency impounds or authorizes the | 7 |
| impounding of a
vehicle, provided that if the law enforcement | 8 |
| agency is unable to determine the
identity of the registered | 9 |
| owner, lienholder or other person legally entitled
to ownership | 10 |
| of the impounded vehicle within a 10 business day period after
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| impoundment, then notification shall be sent no later than 2 | 12 |
| days after the
date the identity of the registered owner, | 13 |
| lienholder or other person legally
entitled to ownership of the | 14 |
| impounded vehicle is determined. Exceptions to a
notification | 15 |
| by certified mail to the registered owner, lienholder and other
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| legally entitled persons are set forth in Section 4-209 of this | 17 |
| Code.
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| (c) When ownership information is needed for a
towing | 19 |
| service to give notification as required under this Code, the | 20 |
| towing
service may cause the vehicle registration records of | 21 |
| the State of Illinois to
be searched by the Secretary of State , | 22 |
| and in such case, the towing service also shall give notice to | 23 |
| all lienholders of record within the time period required for | 24 |
| such other notices .
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| The written request of a towing service, in the form and
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| containing the information prescribed by the Secretary of State |
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| by rule, may be
transmitted to the Secretary of State in | 2 |
| person, by U.S.
mail or other delivery service, by facsimile | 3 |
| transmission, or by other
means the Secretary of State deems | 4 |
| acceptable.
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| The Secretary of State shall provide the required | 6 |
| information, or
a statement that the information was not found | 7 |
| in the vehicle registration
records of the State, by U.S. mail | 8 |
| or other delivery service, facsimile
transmission, as | 9 |
| requested by the towing service, or by other means acceptable
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| to the Secretary of State.
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| (d) The Secretary of State may prescribe standards and | 12 |
| procedures for
submission of requests for record searches and | 13 |
| replies via computer link.
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| (e) Fees for services provided under this Section shall be | 15 |
| in amounts
prescribed by the Secretary of State under Section | 16 |
| 3-821.1 of this Code.
Payment may be made by the towing service | 17 |
| using cash, any commonly accepted
credit card, or any other | 18 |
| means of payment deemed acceptable by the Secretary
of State.
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| (Source: P.A. 89-179, eff. 1-1-96; 89-433, eff. 12-15-95.)
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.
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