Bill Text: IL HB2656 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Removes the limitation on home rule units adopting ordinances inconsistent with the Illinois Vehicle Code provision on administrative fees and procedures for impounding vehicles. Removes the time requirement for scheduling a hearing and limits the number of hearing continuances on the impoundment of vehicles. Provides that vehicles not recovered from the towing or storage facility within 18 (rather than 35 days) working days after an administrative hearing officer has rendered a written decision on the impoundment of a vehicle shall be deemed abandoned and disposed of in accordance with Chapter 4 of Article II of this Code. Provides that if the owner of the vehicle notifies the hearing officer or the tow facility within that 18-day period that he or she cannot retrieve the vehicle due to inability to pay the retrieval fee, the tow facility shall not dispose of the vehicle until 35 days after the administrative hearing officer issued the written decision. Allows a municipality, by ordinance, to provide that vehicles not retrieved from the towing facility or storage facility within 35 days after the administrative hearing officer issues a written decision shall be deemed abandoned and disposed of under the provisions of Article II of Chapter 4 of this Code. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB2656 Detail]

Download: Illinois-2015-HB2656-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB2656 Introduced , by Rep. Robert W. Pritchard SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-208.2 from Ch. 95 1/2, par. 11-208.2
625 ILCS 5/11-208.7
Amends the Illinois Vehicle Code. Removes the limitation on home rule units adopting ordinances inconsistent with the Illinois Vehicle Code provision on administrative fees and procedures for impounding vehicles. Removes the time requirement for scheduling a hearing and limits the number of hearing continuances on the impoundment of vehicles. Provides that vehicles not recovered from the towing or storage facility within 18 (rather than 35 days) working days after an administrative hearing officer has rendered a written decision on the impoundment of a vehicle shall be deemed abandoned and disposed of in accordance with Chapter 4 of Article II of this Code. Provides that if the owner of the vehicle notifies the hearing officer or the tow facility within that 18-day period that he or she cannot retrieve the vehicle due to inability to pay the retrieval fee, the tow facility shall not dispose of the vehicle until 35 days after the administrative hearing officer issued the written decision. Allows a municipality, by ordinance, to provide that vehicles not retrieved from the towing facility or storage facility within 35 days after the administrative hearing officer issues a written decision shall be deemed abandoned and disposed of under the provisions of Article II of Chapter 4 of this Code. Effective immediately.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Sections 11-208.2 and 11-208.7 as follows:
(625 ILCS 5/11-208.2) (from Ch. 95 1/2, par. 11-208.2)
Sec. 11-208.2. Limitation on home rule units.
The provisions of this Chapter of this Act limit the
authority of home rule units to adopt local police regulations
inconsistent herewith except pursuant to Sections 11-208,
11-208.7, 11-209, 11-1005.1, 11-1412.1, and 11-1412.2 of this
Chapter of this Act.
(Source: P.A. 92-868, eff. 6-1-03.)
(625 ILCS 5/11-208.7)
Sec. 11-208.7. Administrative fees and procedures for
impounding vehicles for specified violations.
(a) Any county or municipality may, consistent with this
Section, provide by ordinance procedures for the release of
properly impounded vehicles and for the imposition of a
reasonable administrative fee related to its administrative
and processing costs associated with the investigation,
arrest, and detention of an offender, or the removal,

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impoundment, storage, and release of the vehicle. The
administrative fee imposed by the county or municipality may be
in addition to any fees charged for the towing and storage of
an impounded vehicle. The administrative fee shall be waived by
the county or municipality upon verifiable proof that the
vehicle was stolen at the time the vehicle was impounded.
(b) Any ordinance establishing procedures for the release
of properly impounded vehicles under this Section may impose
fees for the following violations:
(1) operation or use of a motor vehicle in the
commission of, or in the attempt to commit, an offense for
which a motor vehicle may be seized and forfeited pursuant
to Section 36-1 of the Criminal Code of 2012; or
(2) driving under the influence of alcohol, another
drug or drugs, an intoxicating compound or compounds, or
any combination thereof, in violation of Section 11-501 of
this Code; or
(3) operation or use of a motor vehicle in the
commission of, or in the attempt to commit, a felony or in
violation of the Cannabis Control Act; or
(4) operation or use of a motor vehicle in the
commission of, or in the attempt to commit, an offense in
violation of the Illinois Controlled Substances Act; or
(5) operation or use of a motor vehicle in the
commission of, or in the attempt to commit, an offense in
violation of Section 24-1, 24-1.5, or 24-3.1 of the

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Criminal Code of 1961 or the Criminal Code of 2012; or
(6) driving while a driver's license, permit, or
privilege to operate a motor vehicle is suspended or
revoked pursuant to Section 6-303 of this Code; except that
vehicles shall not be subjected to seizure or impoundment
if the suspension is for an unpaid citation (parking or
moving) or due to failure to comply with emission testing;
or
(7) operation or use of a motor vehicle while
soliciting, possessing, or attempting to solicit or
possess cannabis or a controlled substance, as defined by
the Cannabis Control Act or the Illinois Controlled
Substances Act; or
(8) operation or use of a motor vehicle with an expired
driver's license, in violation of Section 6-101 of this
Code, if the period of expiration is greater than one year;
or
(9) operation or use of a motor vehicle without ever
having been issued a driver's license or permit, in
violation of Section 6-101 of this Code, or operating a
motor vehicle without ever having been issued a driver's
license or permit due to a person's age; or
(10) operation or use of a motor vehicle by a person
against whom a warrant has been issued by a circuit clerk
in Illinois for failing to answer charges that the driver
violated Section 6-101, 6-303, or 11-501 of this Code; or

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(11) operation or use of a motor vehicle in the
commission of, or in the attempt to commit, an offense in
violation of Article 16 or 16A of the Criminal Code of 1961
or the Criminal Code of 2012; or
(12) operation or use of a motor vehicle in the
commission of, or in the attempt to commit, any other
misdemeanor or felony offense in violation of the Criminal
Code of 1961 or the Criminal Code of 2012, when so provided
by local ordinance; or
(13) operation or use of a motor vehicle in violation
of Section 11-503 of this Code:
(A) while the vehicle is part of a funeral
procession; or
(B) in a manner that interferes with a funeral
procession.
(c) The following shall apply to any fees imposed for
administrative and processing costs pursuant to subsection
(b):
(1) All administrative fees and towing and storage
charges shall be imposed on the registered owner of the
motor vehicle or the agents of that owner.
(2) The fees shall be in addition to (i) any other
penalties that may be assessed by a court of law for the
underlying violations; and (ii) any towing or storage fees,
or both, charged by the towing company.
(3) The fees shall be uniform for all similarly

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situated vehicles.
(4) The fees shall be collected by and paid to the
county or municipality imposing the fees.
(5) The towing or storage fees, or both, shall be
collected by and paid to the person, firm, or entity that
tows and stores the impounded vehicle.
(d) Any ordinance establishing procedures for the release
of properly impounded vehicles under this Section shall provide
for an opportunity for a hearing, as provided in subdivision
(b)(4) of Section 11-208.3 of this Code, and for the release of
the vehicle to the owner of record, lessee, or a lienholder of
record upon payment of all administrative fees and towing and
storage fees.
(e) Any ordinance establishing procedures for the
impoundment and release of vehicles under this Section shall
include the following provisions concerning notice of
impoundment:
(1) Whenever a police officer has cause to believe that
a motor vehicle is subject to impoundment, the officer
shall provide for the towing of the vehicle to a facility
authorized by the county or municipality.
(2) At the time the vehicle is towed, the county or
municipality shall notify or make a reasonable attempt to
notify the owner, lessee, or person identifying himself or
herself as the owner or lessee of the vehicle, or any
person who is found to be in control of the vehicle at the

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time of the alleged offense, of the fact of the seizure,
and of the vehicle owner's or lessee's right to an
administrative hearing.
(3) The county or municipality shall also provide
notice that the motor vehicle will remain impounded pending
the completion of an administrative hearing, unless the
owner or lessee of the vehicle or a lienholder posts with
the county or municipality a bond equal to the
administrative fee as provided by ordinance and pays for
all towing and storage charges.
(f) Any ordinance establishing procedures for the
impoundment and release of vehicles under this Section shall
include a provision providing that the registered owner or
lessee of the vehicle and any lienholder of record shall be
provided with a notice of hearing. The notice shall:
(1) be served upon the owner, lessee, and any
lienholder of record either by personal service or by first
class mail to the interested party's address as registered
with the Secretary of State;
(2) be served upon interested parties within 10 days
after a vehicle is impounded by the municipality; and
(3) contain the date, time, and location of the
administrative hearing. An initial hearing shall be
scheduled and convened no later than 45 days after the date
of the mailing of the notice of hearing.
(g) In addition to the requirements contained in

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subdivision (b)(4) of Section 11-208.3 of this Code relating to
administrative hearings, any ordinance providing for the
impoundment and release of vehicles under this Section shall
include the following requirements concerning administrative
hearings:
(1) administrative hearings shall be conducted by a
hearing officer who is an attorney licensed to practice law
in this State for a minimum of 3 years;
(1.5) no more than 2 continuances may be granted for
the administrative hearing;
(2) at the conclusion of the administrative hearing,
the hearing officer shall issue a written decision either
sustaining or overruling the vehicle impoundment;
(3) if the basis for the vehicle impoundment is
sustained by the administrative hearing officer, any
administrative fee posted to secure the release of the
vehicle shall be forfeited to the county or municipality;
(4) all final decisions of the administrative hearing
officer shall be subject to review under the provisions of
the Administrative Review Law, unless the county or
municipality allows in the enabling ordinance for direct
appeal to the circuit court having jurisdiction over the
county or municipality; and
(5) unless the administrative hearing officer
overturns the basis for the vehicle impoundment, no vehicle
shall be released to the owner, lessee, or lienholder of

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record until all administrative fees and towing and storage
charges are paid.
(h) Vehicles not retrieved from the towing facility or
storage facility within 18 working 35 days after the
administrative hearing officer issues a written decision shall
be deemed abandoned and disposed of in accordance with the
provisions of Article II of Chapter 4 of this Code. If the
owner of the vehicle notifies the hearing officer or the tow
facility within that 18-day period that he or she cannot
retrieve the vehicle due to inability to pay the retrieval fee,
the tow facility shall not dispose of the vehicle until 35 days
after the administrative hearing officer issued the written
decision. However, a municipality may, by ordinance, provide
that vehicles not retrieved from the towing facility or storage
facility within 35 days after the administrative hearing
officer issues a written decision shall be deemed abandoned and
disposed of under the provisions of Article II of Chapter 4 of
this Code.
(i) Unless stayed by a court of competent jurisdiction, any
fine, penalty, or administrative fee imposed under this Section
which remains unpaid in whole or in part after the expiration
of the deadline for seeking judicial review under the
Administrative Review Law may be enforced in the same manner as
a judgment entered by a court of competent jurisdiction.
(Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13;
98-518, eff. 8-22-13; 98-734, eff. 1-1-15; 98-756, eff.

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7-16-14.)