100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5676

Introduced , by Rep. John C. D'Amico

SYNOPSIS AS INTRODUCED:
625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203
625 ILCS 5/4-216
625 ILCS 5/18a-501 from Ch. 95 1/2, par. 18a-501
770 ILCS 45/1.5
770 ILCS 50/1.5

Amends the Illinois Vehicle Code, the Labor and Storage Lien Act, and the Labor and Storage Lien (Small Account) Act. Provides that if a towing service is induced by a payment to release a vehicle and the payment subsequently fails and remains unsatisfied for 30 calendar days after sending certified mail notice to the person or entity having made the failed payment and the registered owner, then the person having made the failed payment and the registered owner shall be jointly and severally liable to the towing service for the amount of the failed payment plus a reasonable failed payment fee and collection costs. Deletes language regarding a relocator becoming a holder in due course upon receipt of a properly signed credit card receipt. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

HB5676LRB100 19515 LNS 34782 b
1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by changing
5Sections 4-203, 4-216, and 18a-501 as follows:
6 (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
7 (Text of Section before amendment by P.A. 100-537)
8 Sec. 4-203. Removal of motor vehicles or other vehicles;
9towing or hauling away.
10 (a) When a vehicle is abandoned, or left unattended, on a
11toll highway, interstate highway, or expressway for 2 hours or
12more, its removal by a towing service may be authorized by a
13law enforcement agency having jurisdiction.
14 (b) When a vehicle is abandoned on a highway in an urban
15district 10 hours or more, its removal by a towing service may
16be authorized by a law enforcement agency having jurisdiction.
17 (c) When a vehicle is abandoned or left unattended on a
18highway other than a toll highway, interstate highway, or
19expressway, outside of an urban district for 24 hours or more,
20its removal by a towing service may be authorized by a law
21enforcement agency having jurisdiction.
22 (d) When an abandoned, unattended, wrecked, burned or
23partially dismantled vehicle is creating a traffic hazard

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1because of its position in relation to the highway or its
2physical appearance is causing the impeding of traffic, its
3immediate removal from the highway or private property adjacent
4to the highway by a towing service may be authorized by a law
5enforcement agency having jurisdiction.
6 (e) Whenever a peace officer reasonably believes that a
7person under arrest for a violation of Section 11-501 of this
8Code or a similar provision of a local ordinance is likely,
9upon release, to commit a subsequent violation of Section
1011-501, or a similar provision of a local ordinance, the
11arresting officer shall have the vehicle which the person was
12operating at the time of the arrest impounded for a period of
13not more than 12 hours after the time of arrest. However, such
14vehicle may be released by the arresting law enforcement agency
15prior to the end of the impoundment period if:
16 (1) the vehicle was not owned by the person under
17 arrest, and the lawful owner requesting such release
18 possesses a valid operator's license, proof of ownership,
19 and would not, as determined by the arresting law
20 enforcement agency, indicate a lack of ability to operate a
21 motor vehicle in a safe manner, or who would otherwise, by
22 operating such motor vehicle, be in violation of this Code;
23 or
24 (2) the vehicle is owned by the person under arrest,
25 and the person under arrest gives permission to another
26 person to operate such vehicle, provided however, that the

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1 other person possesses a valid operator's license and would
2 not, as determined by the arresting law enforcement agency,
3 indicate a lack of ability to operate a motor vehicle in a
4 safe manner or who would otherwise, by operating such motor
5 vehicle, be in violation of this Code.
6 (e-5) Whenever a registered owner of a vehicle is taken
7into custody for operating the vehicle in violation of Section
811-501 of this Code or a similar provision of a local ordinance
9or Section 6-303 of this Code, a law enforcement officer may
10have the vehicle immediately impounded for a period not less
11than:
12 (1) 24 hours for a second violation of Section 11-501
13 of this Code or a similar provision of a local ordinance or
14 Section 6-303 of this Code or a combination of these
15 offenses; or
16 (2) 48 hours for a third violation of Section 11-501 of
17 this Code or a similar provision of a local ordinance or
18 Section 6-303 of this Code or a combination of these
19 offenses.
20 The vehicle may be released sooner if the vehicle is owned
21by the person under arrest and the person under arrest gives
22permission to another person to operate the vehicle and that
23other person possesses a valid operator's license and would
24not, as determined by the arresting law enforcement agency,
25indicate a lack of ability to operate a motor vehicle in a safe
26manner or would otherwise, by operating the motor vehicle, be

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1in violation of this Code.
2 (f) Except as provided in Chapter 18a of this Code, the
3owner or lessor of privately owned real property within this
4State, or any person authorized by such owner or lessor, or any
5law enforcement agency in the case of publicly owned real
6property may cause any motor vehicle abandoned or left
7unattended upon such property without permission to be removed
8by a towing service without liability for the costs of removal,
9transportation or storage or damage caused by such removal,
10transportation or storage. The towing or removal of any vehicle
11from private property without the consent of the registered
12owner or other legally authorized person in control of the
13vehicle is subject to compliance with the following conditions
14and restrictions:
15 1. Any towed or removed vehicle must be stored at the
16 site of the towing service's place of business. The site
17 must be open during business hours, and for the purpose of
18 redemption of vehicles, during the time that the person or
19 firm towing such vehicle is open for towing purposes.
20 2. The towing service shall within 30 minutes of
21 completion of such towing or removal, notify the law
22 enforcement agency having jurisdiction of such towing or
23 removal, and the make, model, color and license plate
24 number of the vehicle, and shall obtain and record the name
25 of the person at the law enforcement agency to whom such
26 information was reported.

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1 3. If the registered owner or legally authorized person
2 entitled to possession of the vehicle shall arrive at the
3 scene prior to actual removal or towing of the vehicle, the
4 vehicle shall be disconnected from the tow truck and that
5 person shall be allowed to remove the vehicle without
6 interference, upon the payment of a reasonable service fee
7 of not more than one half the posted rate of the towing
8 service as provided in paragraph 6 of this subsection, for
9 which a receipt shall be given.
10 4. The rebate or payment of money or any other valuable
11 consideration from the towing service or its owners,
12 managers or employees to the owners or operators of the
13 premises from which the vehicles are towed or removed, for
14 the privilege of removing or towing those vehicles, is
15 prohibited. Any individual who violates this paragraph
16 shall be guilty of a Class A misdemeanor.
17 5. Except for property appurtenant to and obviously a
18 part of a single family residence, and except for instances
19 where notice is personally given to the owner or other
20 legally authorized person in control of the vehicle that
21 the area in which that vehicle is parked is reserved or
22 otherwise unavailable to unauthorized vehicles and they
23 are subject to being removed at the owner or operator's
24 expense, any property owner or lessor, prior to towing or
25 removing any vehicle from private property without the
26 consent of the owner or other legally authorized person in

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1 control of that vehicle, must post a notice meeting the
2 following requirements:
3 a. Except as otherwise provided in subparagraph
4 a.1 of this subdivision (f)5, the notice must be
5 prominently placed at each driveway access or curb cut
6 allowing vehicular access to the property within 5 feet
7 from the public right-of-way line. If there are no
8 curbs or access barriers, the sign must be posted not
9 less than one sign each 100 feet of lot frontage.
10 a.1. In a municipality with a population of less
11 than 250,000, as an alternative to the requirement of
12 subparagraph a of this subdivision (f)5, the notice for
13 a parking lot contained within property used solely for
14 a 2-family, 3-family, or 4-family residence may be
15 prominently placed at the perimeter of the parking lot,
16 in a position where the notice is visible to the
17 occupants of vehicles entering the lot.
18 b. The notice must indicate clearly, in not less
19 than 2 inch high light-reflective letters on a
20 contrasting background, that unauthorized vehicles
21 will be towed away at the owner's expense.
22 c. The notice must also provide the name and
23 current telephone number of the towing service towing
24 or removing the vehicle.
25 d. The sign structure containing the required
26 notices must be permanently installed with the bottom

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1 of the sign not less than 4 feet above ground level,
2 and must be continuously maintained on the property for
3 not less than 24 hours prior to the towing or removing
4 of any vehicle.
5 6. Any towing service that tows or removes vehicles and
6 proposes to require the owner, operator, or person in
7 control of the vehicle to pay the costs of towing and
8 storage prior to redemption of the vehicle must file and
9 keep on record with the local law enforcement agency a
10 complete copy of the current rates to be charged for such
11 services, and post at the storage site an identical rate
12 schedule and any written contracts with property owners,
13 lessors, or persons in control of property which authorize
14 them to remove vehicles as provided in this Section. The
15 towing and storage charges, however, shall not exceed the
16 maximum allowed by the Illinois Commerce Commission under
17 Section 18a-200.
18 7. No person shall engage in the removal of vehicles
19 from private property as described in this Section without
20 filing a notice of intent in each community where he
21 intends to do such removal, and such notice shall be filed
22 at least 7 days before commencing such towing.
23 8. No removal of a vehicle from private property shall
24 be done except upon express written instructions of the
25 owners or persons in charge of the private property upon
26 which the vehicle is said to be trespassing.

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1 9. Vehicle entry for the purpose of removal shall be
2 allowed with reasonable care on the part of the person or
3 firm towing the vehicle. Such person or firm shall be
4 liable for any damages occasioned to the vehicle if such
5 entry is not in accordance with the standards of reasonable
6 care.
7 9.5. Except as authorized by a law enforcement officer,
8 no towing service shall engage in the removal of a
9 commercial motor vehicle that requires a commercial
10 driver's license to operate by operating the vehicle under
11 its own power on a highway.
12 10. When a vehicle has been towed or removed pursuant
13 to this Section, it must be released to its owner,
14 custodian, agent, or lienholder within one half hour after
15 requested, if such request is made during business hours.
16 Any vehicle owner, custodian, agent, or lienholder shall
17 have the right to inspect the vehicle before accepting its
18 return, and no release or waiver of any kind which would
19 release the towing service from liability for damages
20 incurred during the towing and storage may be required from
21 any vehicle owner or other legally authorized person as a
22 condition of release of the vehicle. A detailed, signed
23 receipt showing the legal name of the towing service must
24 be given to the person paying towing or storage charges at
25 the time of payment, whether requested or not.
26 This Section shall not apply to law enforcement,

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1firefighting, rescue, ambulance, or other emergency vehicles
2which are marked as such or to property owned by any
3governmental entity.
4 When an authorized person improperly causes a motor vehicle
5to be removed, such person shall be liable to the owner or
6lessee of the vehicle for the cost or removal, transportation
7and storage, any damages resulting from the removal,
8transportation and storage, attorney's fee and court costs.
9 Any towing or storage charges accrued shall be payable in
10cash or by cashier's check, certified check, debit card, credit
11card, or wire transfer, at the option of the party taking
12possession of the vehicle. If the towing service is induced by
13any such payment to release a vehicle and the payment
14subsequently fails, due to insufficient funds, a chargeback, or
15for any other reason, and remains unsatisfied for 30 calendar
16days after sending certified mail notice to the person or
17entity having made the failed payment and the registered owner,
18then the person having made the failed payment and the
19registered owner shall be jointly and severally liable to the
20towing service for the amount of the failed payment plus a
21reasonable failed payment fee and collection costs.
22 11. Towing companies shall also provide insurance
23 coverage for areas where vehicles towed under the
24 provisions of this Chapter will be impounded or otherwise
25 stored, and shall adequately cover loss by fire, theft or
26 other risks.

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1 Any person who fails to comply with the conditions and
2restrictions of this subsection shall be guilty of a Class C
3misdemeanor and shall be fined not less than $100 nor more than
4$500.
5 (g)(1) When a vehicle is determined to be a hazardous
6dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
7Illinois Municipal Code or Section 5-12002.1 of the Counties
8Code, its removal and impoundment by a towing service may be
9authorized by a law enforcement agency with appropriate
10jurisdiction.
11 (2) When a vehicle removal from either public or private
12property is authorized by a law enforcement agency, the owner
13of the vehicle shall be responsible for all towing and storage
14charges.
15 (3) Vehicles removed from public or private property and
16stored by a commercial vehicle relocator or any other towing
17service authorized by a law enforcement agency in compliance
18with this Section and Sections 4-201 and 4-202 of this Code, or
19at the request of the vehicle owner or operator, shall be
20subject to a possessor lien for services pursuant to the Labor
21and Storage Lien (Small Amount) Act. The provisions of Section
221 of that Act relating to notice and implied consent shall be
23deemed satisfied by compliance with Section 18a-302 and
24subsection (6) of Section 18a-300. In no event shall such lien
25be greater than the rate or rates established in accordance
26with subsection (6) of Section 18a-200 of this Code. In no

HB5676- 11 -LRB100 19515 LNS 34782 b
1event shall such lien be increased or altered to reflect any
2charge for services or materials rendered in addition to those
3authorized by this Code Act. Every such lien shall be payable
4in cash or by cashier's check, certified check, debit card,
5credit card, or wire transfer, at the option of the party
6taking possession of the vehicle. If the towing service is
7induced by any such payment to release a vehicle and the
8payment subsequently fails, due to insufficient funds, a
9chargeback, or for any other reason, and remains unsatisfied
10for 30 calendar days after sending certified mail notice to the
11person or entity having made the failed payment and the
12registered owner, then the person having made the failed
13payment and the registered owner shall be jointly and severally
14liable to the towing service for the amount of the failed
15payment plus a reasonable failed payment fee and collection
16costs.
17 (4) Any personal property belonging to the vehicle owner in
18a vehicle subject to a lien under this subsection (g) shall
19likewise be subject to that lien, excepting only: child
20restraint systems as defined in Section 4 of the Child
21Passenger Protection Act and other child booster seats;
22eyeglasses; food; medicine; perishable property; any
23operator's licenses; any cash, credit cards, or checks or
24checkbooks; any wallet, purse, or other property containing any
25operator's license or other identifying documents or
26materials, cash, credit cards, checks, or checkbooks; and any

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1personal property belonging to a person other than the vehicle
2owner if that person provides adequate proof that the personal
3property belongs to that person. The spouse, child, mother,
4father, brother, or sister of the vehicle owner may claim
5personal property excepted under this paragraph (4) if the
6person claiming the personal property provides the commercial
7vehicle relocator or towing service with the authorization of
8the vehicle owner.
9 (5) This paragraph (5) applies only in the case of a
10vehicle that is towed as a result of being involved in an
11accident. In addition to the personal property excepted under
12paragraph (4), all other personal property in a vehicle subject
13to a lien under this subsection (g) is exempt from that lien
14and may be claimed by the vehicle owner if the vehicle owner
15provides the commercial vehicle relocator or towing service
16with proof that the vehicle owner has an insurance policy
17covering towing and storage fees. The spouse, child, mother,
18father, brother, or sister of the vehicle owner may claim
19personal property in a vehicle subject to a lien under this
20subsection (g) if the person claiming the personal property
21provides the commercial vehicle relocator or towing service
22with the authorization of the vehicle owner and proof that the
23vehicle owner has an insurance policy covering towing and
24storage fees. The regulation of liens on personal property and
25exceptions to those liens in the case of vehicles towed as a
26result of being involved in an accident are exclusive powers

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1and functions of the State. A home rule unit may not regulate
2liens on personal property and exceptions to those liens in the
3case of vehicles towed as a result of being involved in an
4accident. This paragraph (5) is a denial and limitation of home
5rule powers and functions under subsection (h) of Section 6 of
6Article VII of the Illinois Constitution.
7 (6) No lien under this subsection (g) shall: exceed $2,000
8in its total amount; or be increased or altered to reflect any
9charge for services or materials rendered in addition to those
10authorized by this Code Act.
11 (h) Whenever a peace officer issues a citation to a driver
12for a violation of subsection (a) of Section 11-506 of this
13Code, the arresting officer may have the vehicle which the
14person was operating at the time of the arrest impounded for a
15period of 5 days after the time of arrest. An impounding agency
16shall release a motor vehicle impounded under this subsection
17(h) to the registered owner of the vehicle under any of the
18following circumstances:
19 (1) If the vehicle is a stolen vehicle; or
20 (2) If the person ticketed for a violation of
21 subsection (a) of Section 11-506 of this Code was not
22 authorized by the registered owner of the vehicle to
23 operate the vehicle at the time of the violation; or
24 (3) If the registered owner of the vehicle was neither
25 the driver nor a passenger in the vehicle at the time of
26 the violation or was unaware that the driver was using the

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1 vehicle to engage in street racing; or
2 (4) If the legal owner or registered owner of the
3 vehicle is a rental car agency; or
4 (5) If, prior to the expiration of the impoundment
5 period specified above, the citation is dismissed or the
6 defendant is found not guilty of the offense.
7 (i) Except for vehicles exempted under subsection (b) of
8Section 7-601 of this Code, whenever a law enforcement officer
9issues a citation to a driver for a violation of Section 3-707
10of this Code, and the driver has a prior conviction for a
11violation of Section 3-707 of this Code in the past 12 months,
12the arresting officer shall authorize the removal and
13impoundment of the vehicle by a towing service.
14(Source: P.A. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17;
15revised 10-10-17.)
16 (Text of Section after amendment by P.A. 100-537)
17 Sec. 4-203. Removal of motor vehicles or other vehicles;
18towing or hauling away.
19 (a) When a vehicle is abandoned, or left unattended, on a
20toll highway, interstate highway, or expressway for 2 hours or
21more, its removal by a towing service may be authorized by a
22law enforcement agency having jurisdiction.
23 (b) When a vehicle is abandoned on a highway in an urban
24district 10 hours or more, its removal by a towing service may
25be authorized by a law enforcement agency having jurisdiction.

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1 (c) When a vehicle is abandoned or left unattended on a
2highway other than a toll highway, interstate highway, or
3expressway, outside of an urban district for 24 hours or more,
4its removal by a towing service may be authorized by a law
5enforcement agency having jurisdiction.
6 (d) When an abandoned, unattended, wrecked, burned or
7partially dismantled vehicle is creating a traffic hazard
8because of its position in relation to the highway or its
9physical appearance is causing the impeding of traffic, its
10immediate removal from the highway or private property adjacent
11to the highway by a towing service may be authorized by a law
12enforcement agency having jurisdiction.
13 (e) Whenever a peace officer reasonably believes that a
14person under arrest for a violation of Section 11-501 of this
15Code or a similar provision of a local ordinance is likely,
16upon release, to commit a subsequent violation of Section
1711-501, or a similar provision of a local ordinance, the
18arresting officer shall have the vehicle which the person was
19operating at the time of the arrest impounded for a period of
2012 hours after the time of arrest. However, such vehicle may be
21released by the arresting law enforcement agency prior to the
22end of the impoundment period if:
23 (1) the vehicle was not owned by the person under
24 arrest, and the lawful owner requesting such release
25 possesses a valid operator's license, proof of ownership,
26 and would not, as determined by the arresting law

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1 enforcement agency, indicate a lack of ability to operate a
2 motor vehicle in a safe manner, or who would otherwise, by
3 operating such motor vehicle, be in violation of this Code;
4 or
5 (2) the vehicle is owned by the person under arrest,
6 and the person under arrest gives permission to another
7 person to operate such vehicle, provided however, that the
8 other person possesses a valid operator's license and would
9 not, as determined by the arresting law enforcement agency,
10 indicate a lack of ability to operate a motor vehicle in a
11 safe manner or who would otherwise, by operating such motor
12 vehicle, be in violation of this Code.
13 (e-5) Whenever a registered owner of a vehicle is taken
14into custody for operating the vehicle in violation of Section
1511-501 of this Code or a similar provision of a local ordinance
16or Section 6-303 of this Code, a law enforcement officer may
17have the vehicle immediately impounded for a period not less
18than:
19 (1) 24 hours for a second violation of Section 11-501
20 of this Code or a similar provision of a local ordinance or
21 Section 6-303 of this Code or a combination of these
22 offenses; or
23 (2) 48 hours for a third violation of Section 11-501 of
24 this Code or a similar provision of a local ordinance or
25 Section 6-303 of this Code or a combination of these
26 offenses.

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1 The vehicle may be released sooner if the vehicle is owned
2by the person under arrest and the person under arrest gives
3permission to another person to operate the vehicle and that
4other person possesses a valid operator's license and would
5not, as determined by the arresting law enforcement agency,
6indicate a lack of ability to operate a motor vehicle in a safe
7manner or would otherwise, by operating the motor vehicle, be
8in violation of this Code.
9 (f) Except as provided in Chapter 18a of this Code, the
10owner or lessor of privately owned real property within this
11State, or any person authorized by such owner or lessor, or any
12law enforcement agency in the case of publicly owned real
13property may cause any motor vehicle abandoned or left
14unattended upon such property without permission to be removed
15by a towing service without liability for the costs of removal,
16transportation or storage or damage caused by such removal,
17transportation or storage. The towing or removal of any vehicle
18from private property without the consent of the registered
19owner or other legally authorized person in control of the
20vehicle is subject to compliance with the following conditions
21and restrictions:
22 1. Any towed or removed vehicle must be stored at the
23 site of the towing service's place of business. The site
24 must be open during business hours, and for the purpose of
25 redemption of vehicles, during the time that the person or
26 firm towing such vehicle is open for towing purposes.

HB5676- 18 -LRB100 19515 LNS 34782 b
1 2. The towing service shall within 30 minutes of
2 completion of such towing or removal, notify the law
3 enforcement agency having jurisdiction of such towing or
4 removal, and the make, model, color and license plate
5 number of the vehicle, and shall obtain and record the name
6 of the person at the law enforcement agency to whom such
7 information was reported.
8 3. If the registered owner or legally authorized person
9 entitled to possession of the vehicle shall arrive at the
10 scene prior to actual removal or towing of the vehicle, the
11 vehicle shall be disconnected from the tow truck and that
12 person shall be allowed to remove the vehicle without
13 interference, upon the payment of a reasonable service fee
14 of not more than one half the posted rate of the towing
15 service as provided in paragraph 6 of this subsection, for
16 which a receipt shall be given.
17 4. The rebate or payment of money or any other valuable
18 consideration from the towing service or its owners,
19 managers or employees to the owners or operators of the
20 premises from which the vehicles are towed or removed, for
21 the privilege of removing or towing those vehicles, is
22 prohibited. Any individual who violates this paragraph
23 shall be guilty of a Class A misdemeanor.
24 5. Except for property appurtenant to and obviously a
25 part of a single family residence, and except for instances
26 where notice is personally given to the owner or other

HB5676- 19 -LRB100 19515 LNS 34782 b
1 legally authorized person in control of the vehicle that
2 the area in which that vehicle is parked is reserved or
3 otherwise unavailable to unauthorized vehicles and they
4 are subject to being removed at the owner or operator's
5 expense, any property owner or lessor, prior to towing or
6 removing any vehicle from private property without the
7 consent of the owner or other legally authorized person in
8 control of that vehicle, must post a notice meeting the
9 following requirements:
10 a. Except as otherwise provided in subparagraph
11 a.1 of this subdivision (f)5, the notice must be
12 prominently placed at each driveway access or curb cut
13 allowing vehicular access to the property within 5 feet
14 from the public right-of-way line. If there are no
15 curbs or access barriers, the sign must be posted not
16 less than one sign each 100 feet of lot frontage.
17 a.1. In a municipality with a population of less
18 than 250,000, as an alternative to the requirement of
19 subparagraph a of this subdivision (f)5, the notice for
20 a parking lot contained within property used solely for
21 a 2-family, 3-family, or 4-family residence may be
22 prominently placed at the perimeter of the parking lot,
23 in a position where the notice is visible to the
24 occupants of vehicles entering the lot.
25 b. The notice must indicate clearly, in not less
26 than 2 inch high light-reflective letters on a

HB5676- 20 -LRB100 19515 LNS 34782 b
1 contrasting background, that unauthorized vehicles
2 will be towed away at the owner's expense.
3 c. The notice must also provide the name and
4 current telephone number of the towing service towing
5 or removing the vehicle.
6 d. The sign structure containing the required
7 notices must be permanently installed with the bottom
8 of the sign not less than 4 feet above ground level,
9 and must be continuously maintained on the property for
10 not less than 24 hours prior to the towing or removing
11 of any vehicle.
12 6. Any towing service that tows or removes vehicles and
13 proposes to require the owner, operator, or person in
14 control of the vehicle to pay the costs of towing and
15 storage prior to redemption of the vehicle must file and
16 keep on record with the local law enforcement agency a
17 complete copy of the current rates to be charged for such
18 services, and post at the storage site an identical rate
19 schedule and any written contracts with property owners,
20 lessors, or persons in control of property which authorize
21 them to remove vehicles as provided in this Section. The
22 towing and storage charges, however, shall not exceed the
23 maximum allowed by the Illinois Commerce Commission under
24 Section 18a-200.
25 7. No person shall engage in the removal of vehicles
26 from private property as described in this Section without

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1 filing a notice of intent in each community where he
2 intends to do such removal, and such notice shall be filed
3 at least 7 days before commencing such towing.
4 8. No removal of a vehicle from private property shall
5 be done except upon express written instructions of the
6 owners or persons in charge of the private property upon
7 which the vehicle is said to be trespassing.
8 9. Vehicle entry for the purpose of removal shall be
9 allowed with reasonable care on the part of the person or
10 firm towing the vehicle. Such person or firm shall be
11 liable for any damages occasioned to the vehicle if such
12 entry is not in accordance with the standards of reasonable
13 care.
14 9.5. Except as authorized by a law enforcement officer,
15 no towing service shall engage in the removal of a
16 commercial motor vehicle that requires a commercial
17 driver's license to operate by operating the vehicle under
18 its own power on a highway.
19 10. When a vehicle has been towed or removed pursuant
20 to this Section, it must be released to its owner,
21 custodian, agent, or lienholder within one half hour after
22 requested, if such request is made during business hours.
23 Any vehicle owner, custodian, agent, or lienholder shall
24 have the right to inspect the vehicle before accepting its
25 return, and no release or waiver of any kind which would
26 release the towing service from liability for damages

HB5676- 22 -LRB100 19515 LNS 34782 b
1 incurred during the towing and storage may be required from
2 any vehicle owner or other legally authorized person as a
3 condition of release of the vehicle. A detailed, signed
4 receipt showing the legal name of the towing service must
5 be given to the person paying towing or storage charges at
6 the time of payment, whether requested or not.
7 This Section shall not apply to law enforcement,
8 firefighting, rescue, ambulance, or other emergency
9 vehicles which are marked as such or to property owned by
10 any governmental entity.
11 When an authorized person improperly causes a motor
12 vehicle to be removed, such person shall be liable to the
13 owner or lessee of the vehicle for the cost or removal,
14 transportation and storage, any damages resulting from the
15 removal, transportation and storage, attorney's fee and
16 court costs.
17 Any towing or storage charges accrued shall be payable
18 in cash or by cashier's check, certified check, debit card,
19 credit card, or wire transfer, at the option of the party
20 taking possession of the vehicle. If the towing service is
21 induced by any such payment to release a vehicle and the
22 payment subsequently fails, due to insufficient funds, a
23 chargeback, or for any other reason, and remains
24 unsatisfied for 30 calendar days after sending certified
25 mail notice to the person or entity having made the failed
26 payment and the registered owner, then the person having

HB5676- 23 -LRB100 19515 LNS 34782 b
1 made the failed payment and the registered owner shall be
2 jointly and severally liable to the towing service for the
3 amount of the failed payment plus a reasonable failed
4 payment fee and collection costs.
5 11. Towing companies shall also provide insurance
6 coverage for areas where vehicles towed under the
7 provisions of this Chapter will be impounded or otherwise
8 stored, and shall adequately cover loss by fire, theft or
9 other risks.
10 Any person who fails to comply with the conditions and
11restrictions of this subsection shall be guilty of a Class C
12misdemeanor and shall be fined not less than $100 nor more than
13$500.
14 (g)(1) When a vehicle is determined to be a hazardous
15dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
16Illinois Municipal Code or Section 5-12002.1 of the Counties
17Code, its removal and impoundment by a towing service may be
18authorized by a law enforcement agency with appropriate
19jurisdiction.
20 (2) When a vehicle removal from either public or private
21property is authorized by a law enforcement agency, the owner
22of the vehicle shall be responsible for all towing and storage
23charges.
24 (3) Vehicles removed from public or private property and
25stored by a commercial vehicle relocator or any other towing
26service authorized by a law enforcement agency in compliance

HB5676- 24 -LRB100 19515 LNS 34782 b
1with this Section and Sections 4-201 and 4-202 of this Code, or
2at the request of the vehicle owner or operator, shall be
3subject to a possessor lien for services pursuant to the Labor
4and Storage Lien (Small Amount) Act. The provisions of Section
51 of that Act relating to notice and implied consent shall be
6deemed satisfied by compliance with Section 18a-302 and
7subsection (6) of Section 18a-300. In no event shall such lien
8be greater than the rate or rates established in accordance
9with subsection (6) of Section 18a-200 of this Code. In no
10event shall such lien be increased or altered to reflect any
11charge for services or materials rendered in addition to those
12authorized by this Code Act. Every such lien shall be payable
13in cash or by cashier's check, certified check, debit card,
14credit card, or wire transfer, at the option of the party
15taking possession of the vehicle. If the towing service is
16induced by any such payment to release a vehicle and the
17payment subsequently fails, due to insufficient funds, a
18chargeback, or for any other reason, and remains unsatisfied
19for 30 calendar days after sending certified mail notice to the
20person or entity having made the failed payment and the
21registered owner, then the person having made the failed
22payment and the registered owner shall be jointly and severally
23liable to the towing service for the amount of the failed
24payment plus a reasonable failed payment fee and collection
25costs.
26 (4) Any personal property belonging to the vehicle owner in

HB5676- 25 -LRB100 19515 LNS 34782 b
1a vehicle subject to a lien under this subsection (g) shall
2likewise be subject to that lien, excepting only: child
3restraint systems as defined in Section 4 of the Child
4Passenger Protection Act and other child booster seats;
5eyeglasses; food; medicine; perishable property; any
6operator's licenses; any cash, credit cards, or checks or
7checkbooks; any wallet, purse, or other property containing any
8operator's license or other identifying documents or
9materials, cash, credit cards, checks, or checkbooks; and any
10personal property belonging to a person other than the vehicle
11owner if that person provides adequate proof that the personal
12property belongs to that person. The spouse, child, mother,
13father, brother, or sister of the vehicle owner may claim
14personal property excepted under this paragraph (4) if the
15person claiming the personal property provides the commercial
16vehicle relocator or towing service with the authorization of
17the vehicle owner.
18 (5) This paragraph (5) applies only in the case of a
19vehicle that is towed as a result of being involved in an
20accident. In addition to the personal property excepted under
21paragraph (4), all other personal property in a vehicle subject
22to a lien under this subsection (g) is exempt from that lien
23and may be claimed by the vehicle owner if the vehicle owner
24provides the commercial vehicle relocator or towing service
25with proof that the vehicle owner has an insurance policy
26covering towing and storage fees. The spouse, child, mother,

HB5676- 26 -LRB100 19515 LNS 34782 b
1father, brother, or sister of the vehicle owner may claim
2personal property in a vehicle subject to a lien under this
3subsection (g) if the person claiming the personal property
4provides the commercial vehicle relocator or towing service
5with the authorization of the vehicle owner and proof that the
6vehicle owner has an insurance policy covering towing and
7storage fees. The regulation of liens on personal property and
8exceptions to those liens in the case of vehicles towed as a
9result of being involved in an accident are exclusive powers
10and functions of the State. A home rule unit may not regulate
11liens on personal property and exceptions to those liens in the
12case of vehicles towed as a result of being involved in an
13accident. This paragraph (5) is a denial and limitation of home
14rule powers and functions under subsection (h) of Section 6 of
15Article VII of the Illinois Constitution.
16 (6) No lien under this subsection (g) shall: exceed $2,000
17in its total amount; or be increased or altered to reflect any
18charge for services or materials rendered in addition to those
19authorized by this Code Act.
20 (h) Whenever a peace officer issues a citation to a driver
21for a violation of subsection (a) of Section 11-506 of this
22Code, the arresting officer may have the vehicle which the
23person was operating at the time of the arrest impounded for a
24period of 5 days after the time of arrest. An impounding agency
25shall release a motor vehicle impounded under this subsection
26(h) to the registered owner of the vehicle under any of the

HB5676- 27 -LRB100 19515 LNS 34782 b
1following circumstances:
2 (1) If the vehicle is a stolen vehicle; or
3 (2) If the person ticketed for a violation of
4 subsection (a) of Section 11-506 of this Code was not
5 authorized by the registered owner of the vehicle to
6 operate the vehicle at the time of the violation; or
7 (3) If the registered owner of the vehicle was neither
8 the driver nor a passenger in the vehicle at the time of
9 the violation or was unaware that the driver was using the
10 vehicle to engage in street racing; or
11 (4) If the legal owner or registered owner of the
12 vehicle is a rental car agency; or
13 (5) If, prior to the expiration of the impoundment
14 period specified above, the citation is dismissed or the
15 defendant is found not guilty of the offense.
16 (i) Except for vehicles exempted under subsection (b) of
17Section 7-601 of this Code, whenever a law enforcement officer
18issues a citation to a driver for a violation of Section 3-707
19of this Code, and the driver has a prior conviction for a
20violation of Section 3-707 of this Code in the past 12 months,
21the arresting officer shall authorize the removal and
22impoundment of the vehicle by a towing service.
23(Source: P.A. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17;
24100-537, eff. 6-1-18; revised 10-10-17.)
25 (625 ILCS 5/4-216)

HB5676- 28 -LRB100 19515 LNS 34782 b
1 Sec. 4-216. Storage fees; notice to lienholder of record.
2 (a) Any commercial vehicle relocator or any other private
3towing service providing removal or towing services pursuant to
4this Code and seeking to impose fees in connection with the
5furnishing of storage for a vehicle in the possession of the
6commercial vehicle relocator or other private towing service
7must provide written notice within 2 business days after the
8vehicle is removed or towed, by certified mail, return receipt
9requested, to the lienholder of record, regardless of whether
10the commercial vehicle relocator or other private towing
11service enforces a lien under the Labor and Storage Lien Act or
12the Labor and Storage Lien (Small Amount) Act. The notice shall
13be effective upon mailing and include the rate at which fees
14will be incurred, and shall provide the lienholder with an
15opportunity to inspect the vehicle on the premises where the
16vehicle is stored within 2 business days of the lienholder's
17request. The date on which the assessment and accrual of
18storage fees may commence is the date of the impoundment of the
19vehicle, subject to any applicable limitations set forth by a
20municipality authorizing the vehicle removal. Payment of the
21storage fees by the lienholder may be made in cash or by
22cashier's check, certified check, debit card, credit card, or
23wire transfer, at the option of the lienholder taking
24possession of the vehicle. If the towing service is induced by
25any such payment to release a vehicle and the payment
26subsequently fails, due to insufficient funds, a chargeback, or

HB5676- 29 -LRB100 19515 LNS 34782 b
1for any other reason, and remains unsatisfied for 30 calendar
2days after sending certified mail notice to the person or
3entity having made the failed payment and the registered owner,
4then the person having made the failed payment and the
5registered owner shall be jointly and severally liable to the
6towing service for the amount of the failed payment plus a
7reasonable failed payment fee and collection costs. The
8commercial vehicle relocator or other private towing service
9shall furnish a copy of the certified mail receipt to the
10lienholder upon request.
11 (b) The notification requirements in subsection (a) of this
12Section apply in addition to any lienholder notice requirements
13under this Code relating to the removal or towing of an
14abandoned, lost, stolen, or unclaimed vehicle. If the
15commercial vehicle relocator or other private towing service
16fails to comply with the notification requirements set forth in
17subsection (a) of this Section, storage fees shall not be
18assessed and collected and the lienholder shall be entitled to
19injunctive relief for possession of the vehicle without the
20payment of any storage fees.
21 (c) If the notification required under subsection (a) was
22not sent and a lienholder discovers its collateral is in the
23possession of a commercial vehicle relocator or other private
24towing service by means other than the notification required in
25subsection (a) of this Section, the lienholder is entitled to
26recover any storage fees paid to the commercial vehicle

HB5676- 30 -LRB100 19515 LNS 34782 b
1relocator or other private towing service to reclaim possession
2of its collateral.
3 (d) An action under this Section may be brought by the
4lienholder against the commercial vehicle locator or other
5private towing service in the circuit court.
6 (e) Notwithstanding any provision to the contrary in this
7Code Act or the Illinois Vehicle Code, a commercial vehicle
8relocator or other private towing service seeking to impose
9storage fees for a vehicle in its possession may not foreclose
10or otherwise enforce its claim for payment of storage services
11or any lien relating to the claim pursuant to this Code or
12other applicable law unless it first complies with the
13lienholder notification requirements set forth in subsection
14(a) of this Section.
15 (f) If the vehicle that is removed or towed is registered
16in a state other than Illinois, the assessment and accrual of
17storage fees may commence on the date that the request for
18lienholder information is filed by the commercial vehicle
19relocator or other private towing service with the applicable
20administrative agency or office in that state if: (i) the
21commercial vehicle relocator or other private towing service
22furnishes the lienholder with a copy or proof of filing of the
23request for lienholder information; (ii) the commercial
24vehicle relocator or other private towing service provides to
25the lienholder of record the notification required by this
26Section within one business day after receiving the requested

HB5676- 31 -LRB100 19515 LNS 34782 b
1lienholder information; and (iii) the assessment of storage
2fees complies with any applicable limitations set forth by a
3municipality authorizing the vehicle removal.
4(Source: P.A. 100-311, eff. 11-23-17; revised 10-10-17.)
5 (625 ILCS 5/18a-501) (from Ch. 95 1/2, par. 18a-501)
6 Sec. 18a-501. Liens against relocated vehicles.
7Unauthorized vehicles removed and stored by a commercial
8vehicle relocator in compliance with this Chapter shall be
9subject to a possessory lien for services pursuant to the Labor
10and Storage Lien (Small Amount) Act, and the provisions of
11Section 1 of that Act relating to notice and implied consent
12shall be deemed satisfied by compliance with Section 18a-302
13and item (10) of Section 18a-300. In no event shall such lien
14be greater than the rate or rates established in accordance
15with item (6) of Section 18a-200. In no event shall such lien
16be increased or altered to reflect any charge for services or
17materials rendered in addition to those authorized by this Act.
18Every such lien shall be payable by use of any major credit
19card, in addition to being payable in cash. If the towing
20service is induced by any such payment to release a vehicle and
21the payment subsequently fails, due to insufficient funds, a
22chargeback, or for any other reason, and remains unsatisfied
23for 30 calendar days after sending certified mail notice to the
24person or entity having made the failed payment and the
25registered owner, then the person having made the failed

HB5676- 32 -LRB100 19515 LNS 34782 b
1payment and the registered owner shall be jointly and severally
2liable to the towing service for the amount of the failed
3payment plus a reasonable failed payment fee and collection
4costs. Upon receipt of a properly signed credit card receipt, a
5relocator shall become a holder in due course, and neither the
6holder of the credit card nor the company which issued the
7credit card may thereafter refuse to remit payment in the
8amount shown on the credit card receipt minus the ordinary
9charge assessed by the credit card company for processing the
10charge. The Commission may adopt regulations governing
11acceptance of credit cards by a relocator.
12(Source: P.A. 91-357, eff. 7-29-99.)
13 Section 10. The Labor and Storage Lien Act is amended by
14changing Section 1.5 as follows:
15 (770 ILCS 45/1.5)
16 Sec. 1.5. Storage fees; notice to lienholder of record.
17 (a) Any person, firm, or private corporation seeking to
18impose fees in connection with the furnishing of storage for a
19vehicle in the person's, firm's, or corporation's possession
20must provide written notice, by certified mail, return receipt
21requested, to the lienholder of record prior to the assessment
22and accrual of such fees, regardless of whether it enforces a
23lien under this Act. The notice shall be effective upon mailing
24and include the rate at which fees will be incurred, and shall

HB5676- 33 -LRB100 19515 LNS 34782 b
1provide the lienholder with an opportunity to inspect the
2vehicle on the premises where the vehicle is stored within 2
3business days of the lienholder's request. For impounded
4vehicles, the date on which the assessment and accrual of
5storage fees may commence is the date of the impoundment of the
6vehicle, subject to any applicable limitations set forth by a
7municipality authorizing the vehicle removal, if the
8notification required under this Section is sent to the
9lienholder of record within 2 business days. Payment of the
10storage fees by the lienholder may be made in cash or by
11cashier's check, certified check, debit card, credit card, or
12wire transfer, at the option of the lienholder taking
13possession of the vehicle. If the towing service or other
14person or entity is induced by any such payment to release a
15vehicle or other property and the payment subsequently fails,
16due to insufficient funds, a chargeback, or for any other
17reason, and remains unsatisfied for 30 calendar days after
18sending certified mail notice to the person or entity having
19made the failed payment and the registered owner or the person
20who requested labor or storage services, then the person or
21entity having made the failed payment and the registered owner
22or the person or entity who requested labor or storage services
23shall be jointly and severally liable to the towing service for
24the amount of the failed payment plus a reasonable failed
25payment fee and collection costs. The person, firm, or private
26corporation seeking to impose storage fees shall furnish a copy

HB5676- 34 -LRB100 19515 LNS 34782 b
1of the certified mail receipt to the lienholder upon request.
2 (b) The notification requirements in subsection (a) of this
3Section apply in addition to any lienholder notice requirements
4under the Illinois Vehicle Code relating to the removal or
5towing of an abandoned, lost, stolen, or unclaimed vehicle. If
6a person, firm, or private corporation fails to comply with the
7notification requirements set forth in subsection (a) of this
8Section, storage fees shall not be assessed and collected and
9the lienholder shall be entitled to injunctive relief for
10possession of the vehicle without the payment of any storage
11fees.
12 (c) If the notification required under subsection (a) was
13not sent and a lienholder discovers its collateral is in the
14possession of a person, firm, or private corporation by means
15other than the notification required in subsection (a) of this
16Section, the lienholder is entitled to recover any storage fees
17paid to the person, firm, or private corporation to reclaim
18possession of its collateral.
19 (d) An action under this Section may be brought by the
20lienholder against the person, firm, or private corporation in
21the circuit court.
22 (e) Notwithstanding any provision to the contrary in this
23Act or the Illinois Vehicle Code, a person, firm, or private
24corporation seeking to impose storage fees for a vehicle in its
25possession may not foreclose or otherwise enforce its lien
26under this Act unless it first complies with the lienholder

HB5676- 35 -LRB100 19515 LNS 34782 b
1notification requirements set forth in subsection (a) of this
2Section.
3 (f) If the vehicle that is incurring storage fees is
4registered in a state other than Illinois, the assessment and
5accrual of storage fees may commence on the date that the
6request for lienholder information is filed with the applicable
7administrative agency or office in that state by the person,
8firm, or private corporation seeking to impose fees, if the
9following conditions are met: (i) the person, firm, or private
10corporation furnishes the lienholder with a copy or proof of
11filing of the request for lienholder information; (ii) the
12person, firm, or private corporation provides to the lienholder
13of record the notification required by this Section within one
14business day after receiving the requested lienholder
15information; and (iii) the assessment of storage fees complies
16with any applicable limitations set forth by a municipality
17authorizing the vehicle removal.
18 (g) This Section does not apply to a municipality with
191,000,000 or more inhabitants that is seeking to impose storage
20fees for a vehicle in its possession.
21(Source: P.A. 99-759, eff. 8-12-16; 100-311, eff. 11-23-17.)
22 Section 15. The Labor and Storage Lien (Small Amount) Act
23is amended by changing Section 1.5 as follows:
24 (770 ILCS 50/1.5)

HB5676- 36 -LRB100 19515 LNS 34782 b
1 Sec. 1.5. Storage fees; notice to lienholder of record.
2 (a) Any person, firm, or private corporation seeking to
3impose fees in connection with the furnishing of storage for a
4vehicle in the person's, firm's, or corporation's possession
5must provide written notice, by certified mail, return receipt
6requested, to the lienholder of record prior to the assessment
7and accrual of such fees, regardless of whether it enforces a
8lien under this Act. The notice shall be effective upon mailing
9and include the rate at which fees will be incurred, and shall
10provide the lienholder with an opportunity to inspect the
11vehicle on the premises where the vehicle is stored within 2
12business days of the lienholder's request. For impounded
13vehicles, the date on which the assessment and accrual of
14storage fees may commence is the date of the impoundment of the
15vehicle, subject to any applicable limitations set forth by a
16municipality authorizing the vehicle removal, if the
17notification required under this Section is sent to the
18lienholder of record within 2 business days. Payment of the
19storage fees by the lienholder may be made in cash or by
20cashier's check, certified check, debit card, credit card, or
21wire transfer, at the option of the lienholder taking
22possession of the vehicle. If the towing service or other
23person or entity is induced by any such payment to release a
24vehicle or other property and the payment subsequently fails,
25due to insufficient funds, a chargeback, or for any other
26reason, and remains unsatisfied for 30 calendar days after

HB5676- 37 -LRB100 19515 LNS 34782 b
1sending certified mail notice to the person or entity having
2made the failed payment and the registered owner or the person
3who requested labor or storage services, then the person or
4entity having made the failed payment and the registered owner
5or the person or entity who requested labor or storage services
6shall be jointly and severally liable to the towing service for
7the amount of the failed payment plus a reasonable failed
8payment fee and collection costs. The person, firm, or private
9corporation seeking to impose storage fees shall furnish a copy
10of the certified mail receipt to the lienholder upon request.
11 (b) The notification requirements in subsection (a) of this
12Section apply in addition to any lienholder notice requirements
13under the Illinois Vehicle Code relating to the removal or
14towing of an abandoned, lost, stolen, or unclaimed vehicle. If
15a person, firm, or private corporation fails to comply with the
16notification requirements set forth in subsection (a) of this
17Section, storage fees shall not be assessed and collected and
18the lienholder shall be entitled to injunctive relief for
19possession of the vehicle without the payment of any storage
20fees.
21 (c) If the notification required under subsection (a) was
22not sent and a lienholder discovers its collateral is in the
23possession of a person, firm, or private corporation by means
24other than the notification required in subsection (a) of this
25Section, the lienholder is entitled to recover any storage fees
26paid to the person, firm, or private corporation to reclaim

HB5676- 38 -LRB100 19515 LNS 34782 b
1possession of its collateral.
2 (d) An action under this Section may be brought by the
3lienholder against the person, firm, or private corporation in
4the circuit court.
5 (e) Notwithstanding any provision to the contrary in this
6Act or the Illinois Vehicle Code, a person, firm, or private
7corporation seeking to impose storage fees for a vehicle in its
8possession may not foreclose or otherwise enforce its lien
9under this Act unless it first complies with the lienholder
10notification requirements set forth in subsection (a) of this
11Section.
12 (f) If the vehicle that is incurring storage fees is
13registered in a state other than Illinois, the assessment and
14accrual of storage fees may commence on the date that the
15request for lienholder information is filed with the applicable
16administrative agency or office in that state by the person,
17firm, or private corporation seeking to impose fees, if the
18following conditions are met: (i) the person, firm, or private
19corporation furnishes the lienholder with a copy or proof of
20filing of the request for lienholder information; (ii) the
21person, firm, or private corporation provides to the lienholder
22of record the notification required by this Section within one
23business day after receiving the requested lienholder
24information; and (iii) the assessment of storage fees complies
25with any applicable limitations set forth by a municipality
26authorizing the vehicle removal.

HB5676- 39 -LRB100 19515 LNS 34782 b
1 (g) This Section does not apply to a municipality with
21,000,000 or more inhabitants that is seeking to impose storage
3fees for a vehicle in its possession.
4(Source: P.A. 99-759, eff. 8-12-16; 100-311, eff. 11-23-17.)
5 Section 95. No acceleration or delay. Where this Act makes
6changes in a statute that is represented in this Act by text
7that is not yet or no longer in effect (for example, a Section
8represented by multiple versions), the use of that text does
9not accelerate or delay the taking effect of (i) the changes
10made by this Act or (ii) provisions derived from any other
11Public Act.
12 Section 99. Effective date. This Act takes effect upon
13becoming law.