Bill Amendment: IL HB0588 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: REGULATION-TECH
Status: 2024-05-31 - Rule 19(a) / Re-referred to Rules Committee [HB0588 Detail]
Download: Illinois-2023-HB0588-House_Amendment_001.html
Bill Title: REGULATION-TECH
Status: 2024-05-31 - Rule 19(a) / Re-referred to Rules Committee [HB0588 Detail]
Download: Illinois-2023-HB0588-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 588 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 588 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Regulation of Intercity Buses Act.
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6 | Section 2. Purpose. The purpose of this Act is to protect | ||||||
7 | the health and safety of people traveling on intercity buses | ||||||
8 | by regulating when and where carriers, operators, and bus | ||||||
9 | drivers can load and unload passengers. Buses with regular | ||||||
10 | schedules and stops provide local officials with sufficient | ||||||
11 | information to support passenger safety, including in an | ||||||
12 | emergency, in inclement weather, and when resources are | ||||||
13 | needed. This Act will ensure that passengers of all intercity | ||||||
14 | buses will have similar support.
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15 | Section 5. Definitions. |
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1 | (a) As used in this Act: | ||||||
2 | "Carrier" means any natural individual or firm, trust, | ||||||
3 | partnership, association, joint venture, corporation, or other | ||||||
4 | legal entity with an ownership interest in, or right of | ||||||
5 | management or control of, an intercity bus. | ||||||
6 | "Designated days and hours" means the time during which | ||||||
7 | intercity buses may load or unload passengers. | ||||||
8 | "Designated transportation official" means a commissioner, | ||||||
9 | director of transportation, or other official designated by a | ||||||
10 | municipality's or county's local ordinance. If no ordinance | ||||||
11 | designates a designated transportation official, the chief of | ||||||
12 | police shall be deemed the designated transportation official | ||||||
13 | for a municipality and the sheriff of a county shall be deemed | ||||||
14 | the designated transportation official for unincorporated | ||||||
15 | areas within that county. | ||||||
16 | "Eligible weekday" means Monday through Friday, except a | ||||||
17 | day upon which a State holiday falls. | ||||||
18 | "Intercity bus" means a bus engaged in the transportation | ||||||
19 | of persons from one county, municipality, or township to | ||||||
20 | another county, municipality, or township, excluding: | ||||||
21 | (1) school buses, buses operated by institutions of | ||||||
22 | higher education, including universities, colleges, and | ||||||
23 | community colleges, in connection with any activity of | ||||||
24 | such entity, and buses providing transportation for school | ||||||
25 | events; | ||||||
26 | (2) commuter vans; |
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1 | (3) shuttle buses; | ||||||
2 | (4) buses that are operating as part of a public | ||||||
3 | transportation system, including, but not limited to, the | ||||||
4 | Chicago Transit Authority, the Regional Transportation | ||||||
5 | Authority (including buses of the Suburban Bus Division), | ||||||
6 | and the Metropolitan Saint Louis Transit Agency; | ||||||
7 | (5) buses with fixed routes that operate trips | ||||||
8 | involving loading and unloading passengers on predictable | ||||||
9 | and recurring bases, that follow a schedule that is | ||||||
10 | published in advance and available to the general public, | ||||||
11 | and that provide service in exchange for paying a fare; | ||||||
12 | and | ||||||
13 | (6) buses used to carry members of a team, club, or | ||||||
14 | other athletic, charitable, or social group on a | ||||||
15 | prearranged trip for attending an organized, scheduled | ||||||
16 | athletic, charitable, or social event and that return the | ||||||
17 | passengers to the point of origin following such event. | ||||||
18 | "Landing zone" means a location identified by the | ||||||
19 | designated transportation official for intercity buses to load | ||||||
20 | or unload passengers. | ||||||
21 | "Shuttle buses" means motor vehicles designed for the | ||||||
22 | transportation of more than 16 passengers that are: | ||||||
23 | (1) used in a ridesharing arrangement; or | ||||||
24 | (2) owned or leased by or on behalf of a company or an | ||||||
25 | employee organization and operated on a nonprofit basis | ||||||
26 | with the primary purpose of transporting employees of the |
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1 | company between the company's place of business and the | ||||||
2 | employees' homes or a public transportation station and in | ||||||
3 | which the operating, administrative, maintenance, and | ||||||
4 | reasonable depreciation costs are paid principally by the | ||||||
5 | persons utilizing the shuttle bus. | ||||||
6 | "State holiday" has the meaning ascribed to it in Section | ||||||
7 | 1-6 of the Election Code. | ||||||
8 | (b) All definitions in Chapter 1 of the Illinois Vehicle | ||||||
9 | Code are incorporated and applicable to this Act except when | ||||||
10 | the context otherwise requires.
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11 | Section 10. Requirements for intercity bus service. | ||||||
12 | (a) Landing zones. The designated transportation official | ||||||
13 | for each municipality or county may identify, on its official | ||||||
14 | municipal or county public website, if it has one, and | ||||||
15 | conspicuously post in the primary office of the municipality | ||||||
16 | or county, one or more landing zones where intercity buses | ||||||
17 | shall be allowed to load and unload passengers by specifying | ||||||
18 | the street address. The designated transportation official | ||||||
19 | shall select the landing zone or zones by identifying and | ||||||
20 | selecting a safe location for the loading and unloading of | ||||||
21 | passengers that provides passengers access to heated and | ||||||
22 | sheltered premises from November 1 through April 30. A | ||||||
23 | designated transportation official shall also consider traffic | ||||||
24 | safety, access to public safety resources, and access to | ||||||
25 | public transportation when selecting a landing zone. The |
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1 | designated transportation official may change the location of | ||||||
2 | a landing zone or close a landing zone by providing 7-days' | ||||||
3 | notice by posting on the municipality's or county's public | ||||||
4 | website, if it has one, and by conspicuously posting in the | ||||||
5 | primary office of the municipality or county. | ||||||
6 | (b) Designated days and hours for loading or unloading | ||||||
7 | passengers. The designated days and hours for loading or | ||||||
8 | unloading passengers shall be between the hours of 9:00 a.m. | ||||||
9 | and 5:00 p.m. on any eligible weekday. The designated | ||||||
10 | transportation official may shorten the designated days and | ||||||
11 | hours to a minimum of a 5-hour time period between the hours of | ||||||
12 | 9:00 a.m. and 5:00 p.m., each eligible weekday. In order to | ||||||
13 | shorten the time period, the designated transportation | ||||||
14 | official must post that time period with a 7-day notice | ||||||
15 | provided on the municipality's or county's public website, if | ||||||
16 | it has one, and conspicuously posted in the primary office of | ||||||
17 | the municipality or county. | ||||||
18 | (c) Loading and unloading passengers. If a landing zone is | ||||||
19 | identified in a county or municipality, an intercity bus shall | ||||||
20 | only load or unload passengers in a municipality's or county's | ||||||
21 | landing zone during the municipality's or county's designated | ||||||
22 | days and hours for loading or unloading passengers. If a | ||||||
23 | landing zone is not identified in a county or municipality, an | ||||||
24 | intercity bus shall not load or unload passengers at a | ||||||
25 | location where passengers do not have immediate and lawful | ||||||
26 | access to a heated and sheltered premises from November 1 |
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1 | through April 30. | ||||||
2 | (d) If a landing zone is not identified, all other | ||||||
3 | provisions of this Act shall remain in full force and effect.
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4 | Section 15. Penalties. | ||||||
5 | (a) A person commits the offense of unlawfully operating | ||||||
6 | an intercity bus if that person is the carrier, operator, or | ||||||
7 | driver of an intercity bus that loads or unloads passengers in | ||||||
8 | a municipality or county in violation of subsection (c) of | ||||||
9 | Section 10. | ||||||
10 | (b) A person found in violation of subsection (c) of | ||||||
11 | Section 10 shall be guilty of a Class A misdemeanor and fined | ||||||
12 | not less than $1,000 for the first offense. | ||||||
13 | (c) A person found in violation of subsection (c) of | ||||||
14 | Section 10 shall be guilty of a Class A misdemeanor and fined | ||||||
15 | not less than $2,500 for any subsequent offense. | ||||||
16 | (d) Law enforcement agencies shall report all violations | ||||||
17 | of this Act to the Illinois State Police. | ||||||
18 | (e) Local law enforcement officers, including, but not | ||||||
19 | limited to, those of a municipality or county, and the | ||||||
20 | Illinois State Police may enforce this Act.
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21 | Section 20. Civil cause of action. | ||||||
22 | (a) A carrier shall not direct a person and a person shall | ||||||
23 | not operate or drive an intercity bus that loads or unloads | ||||||
24 | passengers in a municipality or county in violation of |
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1 | subsection (c) of Section 10. | ||||||
2 | (b) A carrier shall not direct an operator or driver of an | ||||||
3 | intercity bus operating in Illinois to, nor shall an operator | ||||||
4 | or driver of an intercity bus operating in Illinois, load or | ||||||
5 | unload passengers in violation of subsection (c) of Section | ||||||
6 | 10. | ||||||
7 | (c) A passenger of an intercity bus who is aggrieved by a | ||||||
8 | violation of subsection (a) or (b) may commence an action in | ||||||
9 | circuit court or as a supplemental claim in federal district | ||||||
10 | court against the carrier, operator, or driver. No private | ||||||
11 | right of action exists against a municipality, county, or | ||||||
12 | other unit of local government in relation to this Act. A | ||||||
13 | prevailing party may recover: | ||||||
14 | (1) against the carrier, operator, or driver that | ||||||
15 | negligently violates a provision of this Act, liquidated | ||||||
16 | damages of $1,000 or actual damages, whichever is greater; | ||||||
17 | (2) against the carrier, operator, or driver that | ||||||
18 | intentionally or recklessly violates a provision of this | ||||||
19 | Act, liquidated damages of $5,000 or actual damages, | ||||||
20 | whichever is greater; | ||||||
21 | (3) reasonable attorney's fees and costs, including | ||||||
22 | expert witness fees and other litigation expenses; and | ||||||
23 | (4) other relief, including an injunction, as the | ||||||
24 | court deems appropriate. | ||||||
25 | (d) A passenger of an intercity bus may establish an | ||||||
26 | intentional or reckless violation of subsection (c) of Section |
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1 | 10 by a showing of facts, including, but not limited to: (1) a | ||||||
2 | past violation of this Act by the carrier, operator, or | ||||||
3 | driver; (2) that the passenger was left in a location without | ||||||
4 | access to public transportation departing within an hour of | ||||||
5 | being loaded or unloaded; or (3) that the passenger was left in | ||||||
6 | a location without immediate and lawful access to a heated and | ||||||
7 | sheltered premises from November 1 through April 30. | ||||||
8 | (e) A lawsuit must be brought under this Section not later | ||||||
9 | than 2 years after the violation of subsection (a) or | ||||||
10 | subsection (b) has occurred.
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11 | Section 25. Attorney General enforcement. | ||||||
12 | (a) The Attorney General may investigate alleged or | ||||||
13 | suspected violations of this Act and may issue subpoenas to | ||||||
14 | any person, administer an oath or affirmation to any person, | ||||||
15 | conduct hearings in aid of any investigation or inquiry, and | ||||||
16 | prescribe such forms and adopt such rules and regulations as | ||||||
17 | may be necessary. | ||||||
18 | (b) Whenever the Attorney General has reason to believe | ||||||
19 | that the Act has been violated, the Attorney General may file | ||||||
20 | suit in circuit court to enjoin the violation and recover any | ||||||
21 | civil or criminal penalties that may be due.
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22 | Section 30. Home rule. A home rule unit may not regulate | ||||||
23 | the operations of intercity buses pertaining to the loading | ||||||
24 | and unloading of passengers in a manner less restrictive than |
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1 | under this Act. This Section is a limitation under subsection | ||||||
2 | (i) of Section 6 of Article VII of the Illinois Constitution on | ||||||
3 | the concurrent exercise by home rule units of powers and | ||||||
4 | functions exercised by the State.
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5 | Section 35. Non-home rule municipalities and counties. The | ||||||
6 | corporate authorities of a non-home rule county or | ||||||
7 | municipality may adopt ordinances to regulate the operations | ||||||
8 | of intercity buses pertaining to the loading and unloading of | ||||||
9 | passengers in a manner more restrictive than under this Act. | ||||||
10 | Such an ordinance may include, but is not limited to, a | ||||||
11 | requirement for the provision of advance notice to the county | ||||||
12 | or municipality of the proposed arrival of an unscheduled | ||||||
13 | intercity bus or for the submission of an application for | ||||||
14 | permission for an unscheduled intercity bus to arrive in a | ||||||
15 | county or municipality on a date and time certain. If a | ||||||
16 | non-home rule county or municipality requires an unscheduled | ||||||
17 | intercity bus to apply for permission to arrive, the county or | ||||||
18 | municipality must also provide a process for the carrier to | ||||||
19 | appeal a denial of an arrival application. A non-home rule | ||||||
20 | county or municipality may only shorten the designated days | ||||||
21 | and hours of arrival to a minimum of a 5-hour period between | ||||||
22 | the hours of 9:00 am and 5:00 pm on any eligible weekday.
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23 | Section 98. Severability. The provisions of this Act are | ||||||
24 | severable under Section 1.31 of the Statute on Statutes.
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1 | Section 100. The Illinois Vehicle Code is amended by | ||||||
2 | changing Section 11-208.7 as follows:
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3 | (625 ILCS 5/11-208.7) | ||||||
4 | Sec. 11-208.7. Administrative fees and procedures for | ||||||
5 | impounding vehicles for specified violations. | ||||||
6 | (a) Any county or municipality may, consistent with this | ||||||
7 | Section, provide by ordinance procedures for the release of | ||||||
8 | properly impounded vehicles and for the imposition of a | ||||||
9 | reasonable administrative fee related to its administrative | ||||||
10 | and processing costs associated with the investigation, | ||||||
11 | arrest, and detention of an offender, or the removal, | ||||||
12 | impoundment, storage, and release of the vehicle. The | ||||||
13 | administrative fee imposed by the county or municipality may | ||||||
14 | be in addition to any fees charged for the towing and storage | ||||||
15 | of an impounded vehicle. The administrative fee shall be | ||||||
16 | waived by the county or municipality upon verifiable proof | ||||||
17 | that the vehicle was stolen or hijacked at the time the vehicle | ||||||
18 | was impounded. | ||||||
19 | (b) An ordinance establishing procedures for the release | ||||||
20 | of properly impounded vehicles under this Section may impose | ||||||
21 | fees only for the following violations: | ||||||
22 | (1) operation or use of a motor vehicle in the | ||||||
23 | commission of, or in the attempt to commit, an offense for | ||||||
24 | which a motor vehicle may be seized and forfeited pursuant |
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1 | to Section 36-1 of the Criminal Code of 2012; or | ||||||
2 | (2) driving under the influence of alcohol, another | ||||||
3 | drug or drugs, an intoxicating compound or compounds, or | ||||||
4 | any combination thereof, in violation of Section 11-501 of | ||||||
5 | this Code; or | ||||||
6 | (3) operation or use of a motor vehicle in the | ||||||
7 | commission of, or in the attempt to commit, a felony or in | ||||||
8 | violation of the Cannabis Control Act; or | ||||||
9 | (4) operation or use of a motor vehicle in the | ||||||
10 | commission of, or in the attempt to commit, an offense in | ||||||
11 | violation of the Illinois Controlled Substances Act; or | ||||||
12 | (5) operation or use of a motor vehicle in the | ||||||
13 | commission of, or in the attempt to commit, an offense in | ||||||
14 | violation of Section 24-1, 24-1.5, or 24-3.1 of the | ||||||
15 | Criminal Code of 1961 or the Criminal Code of 2012; or | ||||||
16 | (6) driving while a driver's license, permit, or | ||||||
17 | privilege to operate a motor vehicle is suspended or | ||||||
18 | revoked pursuant to Section 6-303 of this Code; except | ||||||
19 | that vehicles shall not be subjected to seizure or | ||||||
20 | impoundment if the suspension is for an unpaid citation | ||||||
21 | (parking or moving) or due to failure to comply with | ||||||
22 | emission testing; or | ||||||
23 | (7) operation or use of a motor vehicle while | ||||||
24 | soliciting, possessing, or attempting to solicit or | ||||||
25 | possess cannabis or a controlled substance, as defined by | ||||||
26 | the Cannabis Control Act or the Illinois Controlled |
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1 | Substances Act; or | ||||||
2 | (8) operation or use of a motor vehicle with an | ||||||
3 | expired driver's license, in violation of Section 6-101 of | ||||||
4 | this Code, if the period of expiration is greater than one | ||||||
5 | year; or | ||||||
6 | (9) operation or use of a motor vehicle without ever | ||||||
7 | having been issued a driver's license or permit, in | ||||||
8 | violation of Section 6-101 of this Code, or operating a | ||||||
9 | motor vehicle without ever having been issued a driver's | ||||||
10 | license or permit due to a person's age; or | ||||||
11 | (10) operation or use of a motor vehicle by a person | ||||||
12 | against whom a warrant has been issued by a circuit clerk | ||||||
13 | in Illinois for failing to answer charges that the driver | ||||||
14 | violated Section 6-101, 6-303, or 11-501 of this Code; or | ||||||
15 | (11) operation or use of a motor vehicle in the | ||||||
16 | commission of, or in the attempt to commit, an offense in | ||||||
17 | violation of Article 16 or 16A of the Criminal Code of 1961 | ||||||
18 | or the Criminal Code of 2012; or | ||||||
19 | (12) operation or use of a motor vehicle in the | ||||||
20 | commission of, or in the attempt to commit, any other | ||||||
21 | misdemeanor or felony offense in violation of the Criminal | ||||||
22 | Code of 1961 or the Criminal Code of 2012, when so provided | ||||||
23 | by local ordinance; or | ||||||
24 | (13) operation or use of a motor vehicle in violation | ||||||
25 | of Section 11-503 of this Code: | ||||||
26 | (A) while the vehicle is part of a funeral |
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1 | procession; or | ||||||
2 | (B) in a manner that interferes with a funeral | ||||||
3 | procession ; or . | ||||||
4 | (14) operation or use of a motor vehicle in violation | ||||||
5 | of the Regulation of Intercity Buses Act. | ||||||
6 | (c) The following shall apply to any fees imposed for | ||||||
7 | administrative and processing costs pursuant to subsection | ||||||
8 | (b): | ||||||
9 | (1) All administrative fees and towing and storage | ||||||
10 | charges shall be imposed on the registered owner of the | ||||||
11 | motor vehicle or the agents of that owner. | ||||||
12 | (1.5) No administrative fees shall be imposed on the | ||||||
13 | registered owner or the agents of that owner if the motor | ||||||
14 | vehicle was stolen or hijacked at the time the vehicle was | ||||||
15 | impounded. To demonstrate that the motor vehicle was | ||||||
16 | hijacked or stolen at the time the vehicle was impounded, | ||||||
17 | the owner or the agents of the owner must submit proof that | ||||||
18 | a report concerning the motor vehicle was filed with a law | ||||||
19 | enforcement agency in a timely manner. | ||||||
20 | (2) The fees shall be in addition to (i) any other | ||||||
21 | penalties that may be assessed by a court of law for the | ||||||
22 | underlying violations; and (ii) any towing or storage | ||||||
23 | fees, or both, charged by the towing company. | ||||||
24 | (3) The fees shall be uniform for all similarly | ||||||
25 | situated vehicles. | ||||||
26 | (4) The fees shall be collected by and paid to the |
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1 | county or municipality imposing the fees. | ||||||
2 | (5) The towing or storage fees, or both, shall be | ||||||
3 | collected by and paid to the person, firm, or entity that | ||||||
4 | tows and stores the impounded vehicle. | ||||||
5 | (d) Any ordinance establishing procedures for the release | ||||||
6 | of properly impounded vehicles under this Section shall | ||||||
7 | provide for an opportunity for a hearing, as provided in | ||||||
8 | subdivision (b)(4) of Section 11-208.3 of this Code, and for | ||||||
9 | the release of the vehicle to the owner of record, lessee, or a | ||||||
10 | lienholder of record upon payment of all administrative fees | ||||||
11 | and towing and storage fees. | ||||||
12 | (e) Any ordinance establishing procedures for the | ||||||
13 | impoundment and release of vehicles under this Section shall | ||||||
14 | include the following provisions concerning notice of | ||||||
15 | impoundment: | ||||||
16 | (1) Whenever a police officer has cause to believe | ||||||
17 | that a motor vehicle is subject to impoundment, the | ||||||
18 | officer shall provide for the towing of the vehicle to a | ||||||
19 | facility authorized by the county or municipality. | ||||||
20 | (2) At the time the vehicle is towed, the county or | ||||||
21 | municipality shall notify or make a reasonable attempt to | ||||||
22 | notify the owner, lessee, or person identifying himself or | ||||||
23 | herself as the owner or lessee of the vehicle, or any | ||||||
24 | person who is found to be in control of the vehicle at the | ||||||
25 | time of the alleged offense, of the fact of the seizure, | ||||||
26 | and of the vehicle owner's or lessee's right to an |
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1 | administrative hearing. | ||||||
2 | (3) The county or municipality shall also provide | ||||||
3 | notice that the motor vehicle will remain impounded | ||||||
4 | pending the completion of an administrative hearing, | ||||||
5 | unless the owner or lessee of the vehicle or a lienholder | ||||||
6 | posts with the county or municipality a bond equal to the | ||||||
7 | administrative fee as provided by ordinance and pays for | ||||||
8 | all towing and storage charges. | ||||||
9 | (f) Any ordinance establishing procedures for the | ||||||
10 | impoundment and release of vehicles under this Section shall | ||||||
11 | include a provision providing that the registered owner or | ||||||
12 | lessee of the vehicle and any lienholder of record shall be | ||||||
13 | provided with a notice of hearing. The notice shall: | ||||||
14 | (1) be served upon the owner, lessee, and any | ||||||
15 | lienholder of record either by personal service or by | ||||||
16 | first class mail to the interested party's address as | ||||||
17 | registered with the Secretary of State; | ||||||
18 | (2) be served upon interested parties within 10 days | ||||||
19 | after a vehicle is impounded by the municipality; and | ||||||
20 | (3) contain the date, time, and location of the | ||||||
21 | administrative hearing. An initial hearing shall be | ||||||
22 | scheduled and convened no later than 45 days after the | ||||||
23 | date of the mailing of the notice of hearing. | ||||||
24 | (g) In addition to the requirements contained in | ||||||
25 | subdivision (b)(4) of Section 11-208.3 of this Code relating | ||||||
26 | to administrative hearings, any ordinance providing for the |
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1 | impoundment and release of vehicles under this Section shall | ||||||
2 | include the following requirements concerning administrative | ||||||
3 | hearings: | ||||||
4 | (1) administrative hearings shall be conducted by a | ||||||
5 | hearing officer who is an attorney licensed to practice | ||||||
6 | law in this State for a minimum of 3 years; | ||||||
7 | (1.5) the hearing officer shall consider as a defense | ||||||
8 | to the vehicle impoundment that the motor vehicle was | ||||||
9 | stolen or hijacked at the time the vehicle was impounded; | ||||||
10 | to demonstrate that the motor vehicle was hijacked or | ||||||
11 | stolen at the time the vehicle was impounded, the owner or | ||||||
12 | the agents of the owner or a lessee must submit proof that | ||||||
13 | a report concerning the motor vehicle was filed with a law | ||||||
14 | enforcement agency in a timely manner; | ||||||
15 | (2) at the conclusion of the administrative hearing, | ||||||
16 | the hearing officer shall issue a written decision either | ||||||
17 | sustaining or overruling the vehicle impoundment; | ||||||
18 | (3) if the basis for the vehicle impoundment is | ||||||
19 | sustained by the administrative hearing officer, any | ||||||
20 | administrative fee posted to secure the release of the | ||||||
21 | vehicle shall be forfeited to the county or municipality; | ||||||
22 | (4) all final decisions of the administrative hearing | ||||||
23 | officer shall be subject to review under the provisions of | ||||||
24 | the Administrative Review Law, unless the county or | ||||||
25 | municipality allows in the enabling ordinance for direct | ||||||
26 | appeal to the circuit court having jurisdiction over the |
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1 | county or municipality; | ||||||
2 | (5) unless the administrative hearing officer | ||||||
3 | overturns the basis for the vehicle impoundment, no | ||||||
4 | vehicle shall be released to the owner, lessee, or | ||||||
5 | lienholder of record until all administrative fees and | ||||||
6 | towing and storage charges are paid; | ||||||
7 | (6) if the administrative hearing officer finds that a | ||||||
8 | county or municipality that impounds a vehicle exceeded | ||||||
9 | its authority under this Code, the county or municipality | ||||||
10 | shall be liable to the registered owner or lessee of the | ||||||
11 | vehicle for the cost of storage fees and reasonable | ||||||
12 | attorney's fees; and | ||||||
13 | (7) notwithstanding any other provision of law to the | ||||||
14 | contrary, if the administrative hearing officer finds that | ||||||
15 | a county or municipality impounded a motor vehicle that | ||||||
16 | was stolen or hijacked at the time the vehicle was | ||||||
17 | impounded, the county or municipality shall refund any | ||||||
18 | administrative fees already paid by the registered owner | ||||||
19 | or lessee of the vehicle. | ||||||
20 | (h) Vehicles not retrieved from the towing facility or | ||||||
21 | storage facility within 35 days after the administrative | ||||||
22 | hearing officer issues a written decision shall be deemed | ||||||
23 | abandoned and disposed of in accordance with the provisions of | ||||||
24 | Article II of Chapter 4 of this Code. | ||||||
25 | (i) Unless stayed by a court of competent jurisdiction, | ||||||
26 | any fine, penalty, or administrative fee imposed under this |
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1 | Section which remains unpaid in whole or in part after the | ||||||
2 | expiration of the deadline for seeking judicial review under | ||||||
3 | the Administrative Review Law may be enforced in the same | ||||||
4 | manner as a judgment entered by a court of competent | ||||||
5 | jurisdiction. | ||||||
6 | (j) The fee limits in subsection (b), the exceptions in | ||||||
7 | paragraph (6) of subsection (b), and all of paragraph (6) of | ||||||
8 | subsection (g) of this Section shall not apply to a home rule | ||||||
9 | unit that tows a vehicle on a public way if a circumstance | ||||||
10 | requires the towing of the vehicle or if the vehicle is towed | ||||||
11 | due to a violation of a statute or local ordinance, and the | ||||||
12 | home rule unit: | ||||||
13 | (1) owns and operates a towing facility within its | ||||||
14 | boundaries for the storage of towed vehicles; and | ||||||
15 | (2) owns and operates tow trucks or enters into a | ||||||
16 | contract with a third party vendor to operate tow trucks. | ||||||
17 | (Source: P.A. 102-905, eff. 1-1-23 .)
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