Bill Text: IL SB1694 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Labor and Storage Lien Act and the Labor and Storage Lien (Small Amount) Act. Provides that a person, firm, or private corporation seeking to impose fees in connection with the furnishing of storage for a vehicle shall provide notice of the fees to the vehicle owner of record as well as to the lienholder of record. Provides that notice shall be given regardless of whether the person seeking to impose fees enforces a lien. Provides that the notification requirements apply in addition to any owner and lienholder notice requirements under the Illinois Vehicle Code relating to the removal or towing of an abandoned, lost, stolen, or unclaimed vehicle. Provides penalties for noncompliance. Provides that notwithstanding any provision to the contrary, a person, firm, or private corporation seeking to impose storage fees for a vehicle in its possession may not foreclose or otherwise enforce its lien unless it first complies with specified notification requirements. Provides that storage fees may be paid by, among other methods, debit card and credit card. Makes corresponding changes in the Illinois Vehicle Code. Further amends the Illinois Vehicle Code. Provides that a towed vehicle must be returned to, among other entities, a lienholder, within 30 minutes if requested during business hours. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Enrolled) 2017-05-31 - Passed Both Houses [SB1694 Detail]

Download: Illinois-2017-SB1694-Enrolled.html



SB1694 EnrolledLRB100 08752 HEP 21695 b
1 AN ACT concerning civil law.
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
5Section 4-203 and adding Section 4-216 as follows:
6 (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
7 Sec. 4-203. Removal of motor vehicles or other vehicles;
8towing or hauling away.
9 (a) When a vehicle is abandoned, or left unattended, on a
10toll highway, interstate highway, or expressway for 2 hours or
11more, its removal by a towing service may be authorized by a
12law enforcement agency having jurisdiction.
13 (b) When a vehicle is abandoned on a highway in an urban
14district 10 hours or more, its removal by a towing service may
15be authorized by a law enforcement agency having jurisdiction.
16 (c) When a vehicle is abandoned or left unattended on a
17highway other than a toll highway, interstate highway, or
18expressway, outside of an urban district for 24 hours or more,
19its removal by a towing service may be authorized by a law
20enforcement agency having jurisdiction.
21 (d) When an abandoned, unattended, wrecked, burned or
22partially dismantled vehicle is creating a traffic hazard
23because of its position in relation to the highway or its

SB1694 Enrolled- 2 -LRB100 08752 HEP 21695 b
1physical appearance is causing the impeding of traffic, its
2immediate removal from the highway or private property adjacent
3to the highway by a towing service may be authorized by a law
4enforcement agency having jurisdiction.
5 (e) Whenever a peace officer reasonably believes that a
6person under arrest for a violation of Section 11-501 of this
7Code or a similar provision of a local ordinance is likely,
8upon release, to commit a subsequent violation of Section
911-501, or a similar provision of a local ordinance, the
10arresting officer shall have the vehicle which the person was
11operating at the time of the arrest impounded for a period of
12not more than 12 hours after the time of arrest. However, such
13vehicle may be released by the arresting law enforcement agency
14prior to the end of the impoundment period if:
15 (1) the vehicle was not owned by the person under
16 arrest, and the lawful owner requesting such release
17 possesses a valid operator's license, proof of ownership,
18 and would not, as determined by the arresting law
19 enforcement agency, indicate a lack of ability to operate a
20 motor vehicle in a safe manner, or who would otherwise, by
21 operating such motor vehicle, be in violation of this Code;
22 or
23 (2) the vehicle is owned by the person under arrest,
24 and the person under arrest gives permission to another
25 person to operate such vehicle, provided however, that the
26 other person possesses a valid operator's license and would

SB1694 Enrolled- 3 -LRB100 08752 HEP 21695 b
1 not, as determined by the arresting law enforcement agency,
2 indicate a lack of ability to operate a motor vehicle in a
3 safe manner or who would otherwise, by operating such motor
4 vehicle, be in violation of this Code.
5 (e-5) Whenever a registered owner of a vehicle is taken
6into custody for operating the vehicle in violation of Section
711-501 of this Code or a similar provision of a local ordinance
8or Section 6-303 of this Code, a law enforcement officer may
9have the vehicle immediately impounded for a period not less
10than:
11 (1) 24 hours for a second violation of Section 11-501
12 of this Code or a similar provision of a local ordinance or
13 Section 6-303 of this Code or a combination of these
14 offenses; or
15 (2) 48 hours for a third violation of Section 11-501 of
16 this Code or a similar provision of a local ordinance or
17 Section 6-303 of this Code or a combination of these
18 offenses.
19 The vehicle may be released sooner if the vehicle is owned
20by the person under arrest and the person under arrest gives
21permission to another person to operate the vehicle and that
22other person possesses a valid operator's license and would
23not, as determined by the arresting law enforcement agency,
24indicate a lack of ability to operate a motor vehicle in a safe
25manner or would otherwise, by operating the motor vehicle, be
26in violation of this Code.

SB1694 Enrolled- 4 -LRB100 08752 HEP 21695 b
1 (f) Except as provided in Chapter 18a of this Code, the
2owner or lessor of privately owned real property within this
3State, or any person authorized by such owner or lessor, or any
4law enforcement agency in the case of publicly owned real
5property may cause any motor vehicle abandoned or left
6unattended upon such property without permission to be removed
7by a towing service without liability for the costs of removal,
8transportation or storage or damage caused by such removal,
9transportation or storage. The towing or removal of any vehicle
10from private property without the consent of the registered
11owner or other legally authorized person in control of the
12vehicle is subject to compliance with the following conditions
13and restrictions:
14 1. Any towed or removed vehicle must be stored at the
15 site of the towing service's place of business. The site
16 must be open during business hours, and for the purpose of
17 redemption of vehicles, during the time that the person or
18 firm towing such vehicle is open for towing purposes.
19 2. The towing service shall within 30 minutes of
20 completion of such towing or removal, notify the law
21 enforcement agency having jurisdiction of such towing or
22 removal, and the make, model, color and license plate
23 number of the vehicle, and shall obtain and record the name
24 of the person at the law enforcement agency to whom such
25 information was reported.
26 3. If the registered owner or legally authorized person

SB1694 Enrolled- 5 -LRB100 08752 HEP 21695 b
1 entitled to possession of the vehicle shall arrive at the
2 scene prior to actual removal or towing of the vehicle, the
3 vehicle shall be disconnected from the tow truck and that
4 person shall be allowed to remove the vehicle without
5 interference, upon the payment of a reasonable service fee
6 of not more than one half the posted rate of the towing
7 service as provided in paragraph 6 of this subsection, for
8 which a receipt shall be given.
9 4. The rebate or payment of money or any other valuable
10 consideration from the towing service or its owners,
11 managers or employees to the owners or operators of the
12 premises from which the vehicles are towed or removed, for
13 the privilege of removing or towing those vehicles, is
14 prohibited. Any individual who violates this paragraph
15 shall be guilty of a Class A misdemeanor.
16 5. Except for property appurtenant to and obviously a
17 part of a single family residence, and except for instances
18 where notice is personally given to the owner or other
19 legally authorized person in control of the vehicle that
20 the area in which that vehicle is parked is reserved or
21 otherwise unavailable to unauthorized vehicles and they
22 are subject to being removed at the owner or operator's
23 expense, any property owner or lessor, prior to towing or
24 removing any vehicle from private property without the
25 consent of the owner or other legally authorized person in
26 control of that vehicle, must post a notice meeting the

SB1694 Enrolled- 6 -LRB100 08752 HEP 21695 b
1 following requirements:
2 a. Except as otherwise provided in subparagraph
3 a.1 of this subdivision (f)5, the notice must be
4 prominently placed at each driveway access or curb cut
5 allowing vehicular access to the property within 5 feet
6 from the public right-of-way line. If there are no
7 curbs or access barriers, the sign must be posted not
8 less than one sign each 100 feet of lot frontage.
9 a.1. In a municipality with a population of less
10 than 250,000, as an alternative to the requirement of
11 subparagraph a of this subdivision (f)5, the notice for
12 a parking lot contained within property used solely for
13 a 2-family, 3-family, or 4-family residence may be
14 prominently placed at the perimeter of the parking lot,
15 in a position where the notice is visible to the
16 occupants of vehicles entering the lot.
17 b. The notice must indicate clearly, in not less
18 than 2 inch high light-reflective letters on a
19 contrasting background, that unauthorized vehicles
20 will be towed away at the owner's expense.
21 c. The notice must also provide the name and
22 current telephone number of the towing service towing
23 or removing the vehicle.
24 d. The sign structure containing the required
25 notices must be permanently installed with the bottom
26 of the sign not less than 4 feet above ground level,

SB1694 Enrolled- 7 -LRB100 08752 HEP 21695 b
1 and must be continuously maintained on the property for
2 not less than 24 hours prior to the towing or removing
3 of any vehicle.
4 6. Any towing service that tows or removes vehicles and
5 proposes to require the owner, operator, or person in
6 control of the vehicle to pay the costs of towing and
7 storage prior to redemption of the vehicle must file and
8 keep on record with the local law enforcement agency a
9 complete copy of the current rates to be charged for such
10 services, and post at the storage site an identical rate
11 schedule and any written contracts with property owners,
12 lessors, or persons in control of property which authorize
13 them to remove vehicles as provided in this Section. The
14 towing and storage charges, however, shall not exceed the
15 maximum allowed by the Illinois Commerce Commission under
16 Section 18a-200.
17 7. No person shall engage in the removal of vehicles
18 from private property as described in this Section without
19 filing a notice of intent in each community where he
20 intends to do such removal, and such notice shall be filed
21 at least 7 days before commencing such towing.
22 8. No removal of a vehicle from private property shall
23 be done except upon express written instructions of the
24 owners or persons in charge of the private property upon
25 which the vehicle is said to be trespassing.
26 9. Vehicle entry for the purpose of removal shall be

SB1694 Enrolled- 8 -LRB100 08752 HEP 21695 b
1 allowed with reasonable care on the part of the person or
2 firm towing the vehicle. Such person or firm shall be
3 liable for any damages occasioned to the vehicle if such
4 entry is not in accordance with the standards of reasonable
5 care.
6 9.5. Except as authorized by a law enforcement officer,
7 no towing service shall engage in the removal of a
8 commercial motor vehicle that requires a commercial
9 driver's license to operate by operating the vehicle under
10 its own power on a highway.
11 10. When a vehicle has been towed or removed pursuant
12 to this Section, it must be released to its owner, or
13 custodian, agent, or lienholder within one half hour after
14 requested, if such request is made during business hours.
15 Any vehicle owner, or custodian, or agent, or lienholder
16 shall have the right to inspect the vehicle before
17 accepting its return, and no release or waiver of any kind
18 which would release the towing service from liability for
19 damages incurred during the towing and storage may be
20 required from any vehicle owner or other legally authorized
21 person as a condition of release of the vehicle. A
22 detailed, signed receipt showing the legal name of the
23 towing service must be given to the person paying towing or
24 storage charges at the time of payment, whether requested
25 or not.
26 This Section shall not apply to law enforcement,

SB1694 Enrolled- 9 -LRB100 08752 HEP 21695 b
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. by the use of any major credit card,
13in addition to being payable in cash.
14 11. Towing companies shall also provide insurance
15 coverage for areas where vehicles towed under the
16 provisions of this Chapter will be impounded or otherwise
17 stored, and shall adequately cover loss by fire, theft or
18 other risks.
19 Any person who fails to comply with the conditions and
20restrictions of this subsection shall be guilty of a Class C
21misdemeanor and shall be fined not less than $100 nor more than
22$500.
23 (g)(1) When a vehicle is determined to be a hazardous
24dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
25Illinois Municipal Code or Section 5-12002.1 of the Counties
26Code, its removal and impoundment by a towing service may be

SB1694 Enrolled- 10 -LRB100 08752 HEP 21695 b
1authorized by a law enforcement agency with appropriate
2jurisdiction.
3 (2) When a vehicle removal from either public or private
4property is authorized by a law enforcement agency, the owner
5of the vehicle shall be responsible for all towing and storage
6charges.
7 (3) Vehicles removed from public or private property and
8stored by a commercial vehicle relocator or any other towing
9service authorized by a law enforcement agency in compliance
10with this Section and Sections 4-201 and 4-202 of this Code, or
11at the request of the vehicle owner or operator, shall be
12subject to a possessor lien for services pursuant to the Labor
13and Storage Lien (Small Amount) Act. The provisions of Section
141 of that Act relating to notice and implied consent shall be
15deemed satisfied by compliance with Section 18a-302 and
16subsection (6) of Section 18a-300. In no event shall such lien
17be greater than the rate or rates established in accordance
18with subsection (6) of Section 18a-200 of this Code. In no
19event shall such lien be increased or altered to reflect any
20charge for services or materials rendered in addition to those
21authorized by this Act. Every such lien shall be payable in
22cash or by cashier's check, certified check, debit card, credit
23card, or wire transfer, at the option of the party taking
24possession of the vehicle. by use of any major credit card, in
25addition to being payable in cash.
26 (4) Any personal property belonging to the vehicle owner in

SB1694 Enrolled- 11 -LRB100 08752 HEP 21695 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,

SB1694 Enrolled- 12 -LRB100 08752 HEP 21695 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 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

SB1694 Enrolled- 13 -LRB100 08752 HEP 21695 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.)
24 (625 ILCS 5/4-216 new)
25 Sec. 4-216. Storage fees; notice to lienholder of record.

SB1694 Enrolled- 14 -LRB100 08752 HEP 21695 b
1 (a) Any commercial vehicle relocator or any other private
2towing service providing removal or towing services pursuant to
3this Code and seeking to impose fees in connection with the
4furnishing of storage for a vehicle in the possession of the
5commercial vehicle relocator or other private towing service
6must provide written notice within 2 business days after the
7vehicle is removed or towed, by certified mail, return receipt
8requested, to the lienholder of record, regardless of whether
9the commercial vehicle relocator or other private towing
10service enforces a lien under the Labor and Storage Lien Act or
11the Labor and Storage Lien (Small Amount) Act. The notice shall
12be effective upon mailing and include the rate at which fees
13will be incurred, and shall provide the lienholder with an
14opportunity to inspect the vehicle on the premises where the
15vehicle is stored within 2 business days of the lienholder's
16request. The date on which the assessment and accrual of
17storage fees may commence is the date of the impoundment of the
18vehicle, subject to any applicable limitations set forth by a
19municipality authorizing the vehicle removal. Payment of the
20storage fees by the lienholder may be made in cash or by
21cashier's check, certified check, debit card, credit card, or
22wire transfer, at the option of the lienholder taking
23possession of the vehicle. The commercial vehicle relocator or
24other private towing service shall furnish a copy of the
25certified mail receipt to the lienholder upon request.
26 (b) The notification requirements in subsection (a) of this

SB1694 Enrolled- 15 -LRB100 08752 HEP 21695 b
1Section apply in addition to any lienholder notice requirements
2under this Code relating to the removal or towing of an
3abandoned, lost, stolen, or unclaimed vehicle. If the
4commercial vehicle relocator or other private towing service
5fails to comply with the notification requirements set forth in
6subsection (a) of this Section, storage fees shall not be
7assessed and collected and the lienholder shall be entitled to
8injunctive relief for possession of the vehicle without the
9payment of any storage fees.
10 (c) If the notification required under subsection (a) was
11not sent and a lienholder discovers its collateral is in the
12possession of a commercial vehicle relocator or other private
13towing service by means other than the notification required in
14subsection (a) of this Section, the lienholder is entitled to
15recover any storage fees paid to the commercial vehicle
16relocator or other private towing service to reclaim possession
17of its collateral.
18 (d) An action under this Section may be brought by the
19lienholder against the commercial vehicle locator or other
20private towing service in the circuit court.
21 (e) Notwithstanding any provision to the contrary in this
22Act or the Illinois Vehicle Code, a commercial vehicle
23relocator or other private towing service seeking to impose
24storage fees for a vehicle in its possession may not foreclose
25or otherwise enforce its claim for payment of storage services
26or any lien relating to the claim pursuant to this Code or

SB1694 Enrolled- 16 -LRB100 08752 HEP 21695 b
1other applicable law unless it first complies with the
2lienholder notification requirements set forth in subsection
3(a) of this Section.
4 (f) If the vehicle that is removed or towed is registered
5in a state other than Illinois, the assessment and accrual of
6storage fees may commence on the date that the request for
7lienholder information is filed by the commercial vehicle
8relocator or other private towing service with the applicable
9administrative agency or office in that state if: (i) the
10commercial vehicle relocator or other private towing service
11furnishes the lienholder with a copy or proof of filing of the
12request for lienholder information; (ii) the commercial
13vehicle relocator or other private towing service provides to
14the lienholder of record the notification required by this
15Section within one business day after receiving the requested
16lienholder information; and (iii) the assessment of storage
17fees complies with any applicable limitations set forth by a
18municipality authorizing the vehicle removal.
19 Section 10. The Labor and Storage Lien Act is amended by
20changing Section 1.5 as follows:
21 (770 ILCS 45/1.5)
22 Sec. 1.5. Storage fees; notice to lienholder of record.
23 (a) Any person, firm, or private corporation seeking to
24impose fees in connection with the furnishing of storage for a

SB1694 Enrolled- 17 -LRB100 08752 HEP 21695 b
1vehicle in the person's, firm's, or corporation's possession
2must provide written notice, by certified mail, return receipt
3requested, to the lienholder of record prior to the assessment
4and accrual of such fees, regardless of whether it enforces a
5lien under this Act. The notice shall be effective upon mailing
6and include the rate at which fees will be incurred, and shall
7provide the lienholder with an opportunity to inspect the
8vehicle on the premises where the vehicle is stored within 2
9business days of the lienholder's request. For impounded
10vehicles, the date on which the assessment and accrual of
11storage fees may commence is the date of the impoundment of the
12vehicle, subject to any applicable limitations set forth by a
13municipality authorizing the vehicle removal, if the
14notification required under this Section is sent to the
15lienholder of record within 2 business days. Payment of the
16storage fees by the lienholder may be made in cash or by
17cashier's check, certified check, debit card, credit card, or
18wire transfer, at the option of the lienholder taking
19possession of the vehicle. The person, firm, or private
20corporation seeking to impose storage fees shall furnish a copy
21of the certified mail receipt to the lienholder upon request.
22 (b) The notification requirements in subsection (a) of this
23Section apply in addition to any lienholder notice requirements
24under the Illinois Vehicle Code relating to the removal or
25towing of an abandoned, lost, stolen, or unclaimed vehicle. If
26a person, firm, or private corporation fails to comply with the

SB1694 Enrolled- 18 -LRB100 08752 HEP 21695 b
1notification requirements set forth in subsection (a) of this
2Section, storage fees shall not be assessed and collected and
3the lienholder shall be entitled to injunctive relief for
4possession of the vehicle without the payment of any storage
5fees.
6 (c) If the notification required under subsection (a) was
7not sent and a lienholder discovers its collateral is in the
8possession of a person, firm, or private corporation by means
9other than the notification required in subsection (a) of this
10Section, the lienholder is entitled to recover any storage fees
11paid to the person, firm, or private corporation to reclaim
12possession of its collateral.
13 (d) An action under this Section may be brought by the
14lienholder against the person, firm, or private corporation in
15the circuit court.
16 (e) Notwithstanding any provision to the contrary in this
17Act or the Illinois Vehicle Code, a person, firm, or private
18corporation seeking to impose storage fees for a vehicle in its
19possession may not foreclose or otherwise enforce its lien
20under this Act unless it first complies with the lienholder
21notification requirements set forth in subsection (a) of this
22Section.
23 (f) If the vehicle that is incurring storage fees is
24registered in a state other than Illinois, the assessment and
25accrual of storage fees may commence on the date that the
26request for lienholder information is filed with the applicable

SB1694 Enrolled- 19 -LRB100 08752 HEP 21695 b
1administrative agency or office in that state by the person,
2firm, or private corporation seeking to impose fees, if the
3following conditions are met: (i) the person, firm, or private
4corporation furnishes the lienholder with a copy or proof of
5filing of the request for lienholder information; (ii) the
6person, firm, or private corporation provides to the lienholder
7of record the notification required by this Section within one
8business day after receiving the requested lienholder
9information; and (iii) the assessment of storage fees complies
10with any applicable limitations set forth by a municipality
11authorizing the vehicle removal.
12 (g) This Section does not apply to a municipality with
131,000,000 or more inhabitants that is seeking to impose storage
14fees for a vehicle in its possession.
15(Source: P.A. 99-759, eff. 8-12-16.)
16 Section 15. The Labor and Storage Lien (Small Amount) Act
17is amended by changing Section 1.5 as follows:
18 (770 ILCS 50/1.5)
19 Sec. 1.5. Storage fees; notice to lienholder of record.
20 (a) Any person, firm, or private corporation seeking to
21impose fees in connection with the furnishing of storage for a
22vehicle in the person's, firm's, or corporation's possession
23must provide written notice, by certified mail, return receipt
24requested, to the lienholder of record prior to the assessment

SB1694 Enrolled- 20 -LRB100 08752 HEP 21695 b
1and accrual of such fees, regardless of whether it enforces a
2lien under this Act. The notice shall be effective upon mailing
3and include the rate at which fees will be incurred, and shall
4provide the lienholder with an opportunity to inspect the
5vehicle on the premises where the vehicle is stored within 2
6business days of the lienholder's request. For impounded
7vehicles, the date on which the assessment and accrual of
8storage fees may commence is the date of the impoundment of the
9vehicle, subject to any applicable limitations set forth by a
10municipality authorizing the vehicle removal, if the
11notification required under this Section is sent to the
12lienholder of record within 2 business days. Payment of the
13storage fees by the lienholder may be made in cash or by
14cashier's check, certified check, debit card, credit card, or
15wire transfer, at the option of the lienholder taking
16possession of the vehicle. The person, firm, or private
17corporation seeking to impose storage fees shall furnish a copy
18of the certified mail receipt to the lienholder upon request.
19 (b) The notification requirements in subsection (a) of this
20Section apply in addition to any lienholder notice requirements
21under the Illinois Vehicle Code relating to the removal or
22towing of an abandoned, lost, stolen, or unclaimed vehicle. If
23a person, firm, or private corporation fails to comply with the
24notification requirements set forth in subsection (a) of this
25Section, storage fees shall not be assessed and collected and
26the lienholder shall be entitled to injunctive relief for

SB1694 Enrolled- 21 -LRB100 08752 HEP 21695 b
1possession of the vehicle without the payment of any storage
2fees.
3 (c) If the notification required under subsection (a) was
4not sent and a lienholder discovers its collateral is in the
5possession of a person, firm, or private corporation by means
6other than the notification required in subsection (a) of this
7Section, the lienholder is entitled to recover any storage fees
8paid to the person, firm, or private corporation to reclaim
9possession of its collateral.
10 (d) An action under this Section may be brought by the
11lienholder against the person, firm, or private corporation in
12the circuit court.
13 (e) Notwithstanding any provision to the contrary in this
14Act or the Illinois Vehicle Code, a person, firm, or private
15corporation seeking to impose storage fees for a vehicle in its
16possession may not foreclose or otherwise enforce its lien
17under this Act unless it first complies with the lienholder
18notification requirements set forth in subsection (a) of this
19Section.
20 (f) If the vehicle that is incurring storage fees is
21registered in a state other than Illinois, the assessment and
22accrual of storage fees may commence on the date that the
23request for lienholder information is filed with the applicable
24administrative agency or office in that state by the person,
25firm, or private corporation seeking to impose fees, if the
26following conditions are met: (i) the person, firm, or private

SB1694 Enrolled- 22 -LRB100 08752 HEP 21695 b
1corporation furnishes the lienholder with a copy or proof of
2filing of the request for lienholder information; (ii) the
3person, firm, or private corporation provides to the lienholder
4of record the notification required by this Section within one
5business day after receiving the requested lienholder
6information; and (iii) the assessment of storage fees complies
7with any applicable limitations set forth by a municipality
8authorizing the vehicle removal.
9 (g) This Section does not apply to a municipality with
101,000,000 or more inhabitants that is seeking to impose storage
11fees for a vehicle in its possession.
12(Source: P.A. 99-759, eff. 8-12-16.)
13 Section 99. Effective date. This Act takes effect 90 days
14after becoming law.
feedback