Bill Text: IL SB1519 | 2019-2020 | 101st General Assembly | Engrossed

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Bill Title: Amends the Illinois Vehicle Code. In a Section concerning the provision of notice of storage fees to the lienholder of record, changes references to "lienholder" to "lienholder of record. Provides that a county or municipality shall provide specified notices concerning the seizure of certain vehicles as soon as practicable. Provides that notice shall be given by the towing company to the lienholder of record. Provides that the lienholder of record shall have an opportunity to view the vehicle on the premises where the vehicle is located within 2 business days of the request. Exempts a municipality with a population of over 1,000,000 inhabitants. Effective 90 days after becoming law.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1519 Detail]

Download: Illinois-2019-SB1519-Engrossed.html

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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 4-216 and 11-208.7 as follows:
(625 ILCS 5/4-216)
Sec. 4-216. Storage fees; notice to lienholder of record.
(a) Any commercial vehicle relocator or any other private
towing service providing removal or towing services pursuant to
this Code and seeking to impose fees in connection with the
furnishing of storage for a vehicle in the possession of the
commercial vehicle relocator or other private towing service
must provide written notice within 2 business days after the
vehicle is removed or towed, by certified mail, return receipt
requested, to the lienholder of record, regardless of whether
the commercial vehicle relocator or other private towing
service enforces a lien under the Labor and Storage Lien Act or
the Labor and Storage Lien (Small Amount) Act. The notice shall
be effective upon mailing and include the rate at which fees
will be incurred, and shall provide the lienholder of record
with an opportunity to inspect the vehicle on the premises
where the vehicle is stored within 2 business days of the
lienholder of record's lienholder's request. The date on which

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the assessment and accrual of storage fees may commence is the
date of the impoundment of the vehicle, subject to any
applicable limitations set forth by a municipality authorizing
the vehicle removal. Payment of the storage fees by the
lienholder of record may be made in cash or by cashier's check,
certified check, debit card, credit card, or wire transfer, at
the option of the lienholder of record taking possession of the
vehicle. The commercial vehicle relocator or other private
towing service shall furnish a copy of the certified mail
receipt to the lienholder of record upon request.
(b) The notification requirements in subsection (a) of this
Section apply in addition to any lienholder of record notice
requirements under this Code relating to the removal or towing
of an abandoned, lost, stolen, or unclaimed vehicle. If the
commercial vehicle relocator or other private towing service
fails to comply with the notification requirements set forth in
subsection (a) of this Section, storage fees shall not be
assessed and collected and the lienholder of record shall be
entitled to injunctive relief for possession of the vehicle
without the payment of any storage fees.
(c) If the notification required under subsection (a) was
not sent and a lienholder of record discovers its collateral is
in the possession of a commercial vehicle relocator or other
private towing service by means other than the notification
required in subsection (a) of this Section, the lienholder of
record is entitled to recover any storage fees paid to the

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commercial vehicle relocator or other private towing service to
reclaim possession of its collateral.
(d) An action under this Section may be brought by the
lienholder of record against the commercial vehicle locator or
other private towing service in the circuit court.
(e) Notwithstanding any provision to the contrary in this
Code, a commercial vehicle relocator or other private towing
service seeking to impose storage fees for a vehicle in its
possession may not foreclose or otherwise enforce its claim for
payment of storage services or any lien relating to the claim
pursuant to this Code or other applicable law unless it first
complies with the lienholder of record notification
requirements set forth in subsection (a) of this Section.
(f) If the vehicle that is removed or towed is registered
in a state other than Illinois, the assessment and accrual of
storage fees may commence on the date that the request for
lienholder of record information is filed by the commercial
vehicle relocator or other private towing service with the
applicable administrative agency or office in that state if:
(i) the commercial vehicle relocator or other private towing
service furnishes the lienholder of record with a copy or proof
of filing of the request for lienholder of record information;
(ii) the commercial vehicle relocator or other private towing
service provides to the lienholder of record the notification
required by this Section within one business day after
receiving the requested lienholder of record information; and

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(iii) the assessment of storage fees complies with any
applicable limitations set forth by a municipality authorizing
the vehicle removal.
(Source: P.A. 100-311, eff. 11-23-17; 100-863, eff. 8-14-18.)
(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,
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) An ordinance establishing procedures for the release of
properly impounded vehicles under this Section may impose fees
only 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

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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
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

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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
(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

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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
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

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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, as soon as practicable, 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 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. Notice shall be given
by the towing company to the lienholder of record pursuant
to Section 4-216 of this Code.
(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.

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(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
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;
(2) at the conclusion of the administrative hearing,
the hearing officer shall issue a written decision either

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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;
(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
record until all administrative fees and towing and storage
charges are paid; and
(6) if the administrative hearing officer finds that a
county or municipality that impounds a vehicle exceeded its
authority under this Code, the county or municipality shall
be liable to the registered owner or lessee of the vehicle
for the cost of storage fees and reasonable attorney's
fees.
(h) 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 in accordance with the provisions of

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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.
(j) The fee limits in subsection (b), the exceptions in
paragraph (6) of subsection (b), and all of paragraph (6) of
subsection (g) of this Section shall not apply to a home rule
unit that tows a vehicle on a public way if a circumstance
requires the towing of the vehicle or if the vehicle is towed
due to a violation of a statute or local ordinance, and the
home rule unit:
(1) owns and operates a towing facility within its
boundaries for the storage of towed vehicles; and
(2) owns and operates tow trucks or enters into a
contract with a third party vendor to operate tow trucks.
(k) Pursuant to Section 4-216 of this Code, the lienholder
of record shall have an opportunity to view the vehicle on the
premises where the vehicle is located within 2 business days of
the request.
(l) The changes made to this Section by this amendatory Act
of the 101st General Assembly do not apply to a municipality
with a population of 1,000,000 or more inhabitants.
(Source: P.A. 98-518, eff. 8-22-13; 98-734, eff. 1-1-15;

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98-756, eff. 7-16-14; 99-848, eff. 8-19-16.)