Bill Text: IL SB2005 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Contains a statement of public policy. Provides that the owner of record of any vehicle found containing specified fireworks that were not purchased in a manner legally consistent with the Pyrotechnic Use Act from a pyrotechnic or consumer fireworks distributor or retailer authorized through the Office of the State Fire Marshal may be subject to impoundment by units of local government in conjunction with local law enforcement, and that return of vehicles impounded under this amendatory Act is subject to existing or future local ordinances concerning return of impounded vehicles. Provides various exceptions and exemptions from the provisions allowing for the impoundment of vehicles containing illegal fireworks. Effective January 1, 2012.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB2005 Detail]

Download: Illinois-2011-SB2005-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB2005 Introduced 2/10/2011, by Sen. Michael Noland SYNOPSIS AS INTRODUCED:
625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203
Amends the Illinois Vehicle Code. Contains a statement of public policy. Provides that the owner of record of any vehicle found containing specified fireworks that were not purchased in a manner legally consistent with the Pyrotechnic Use Act from a pyrotechnic or consumer fireworks distributor or retailer authorized through the Office of the State Fire Marshal may be subject to impoundment by units of local government in conjunction with local law enforcement, and that return of vehicles impounded under this amendatory Act is subject to existing or future local ordinances concerning return of impounded vehicles. Provides various exceptions and exemptions from the provisions allowing for the impoundment of vehicles containing illegal fireworks. Effective January 1, 2012.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Section 4-203 as follows:
(625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
Sec. 4-203. Removal of motor vehicles or other vehicles;
Towing or hauling away.
(a) When a vehicle is abandoned, or left unattended, on a
toll highway, interstate highway, or expressway for 2 hours or
more, its removal by a towing service may be authorized by a
law enforcement agency having jurisdiction.
(b) When a vehicle is abandoned on a highway in an urban
district 10 hours or more, its removal by a towing service may
be authorized by a law enforcement agency having jurisdiction.
(c) When a vehicle is abandoned or left unattended on a
highway other than a toll highway, interstate highway, or
expressway, outside of an urban district for 24 hours or more,
its removal by a towing service may be authorized by a law
enforcement agency having jurisdiction.
(d) When an abandoned, unattended, wrecked, burned or
partially dismantled vehicle is creating a traffic hazard
because of its position in relation to the highway or its

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

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

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

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

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

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

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allowed with reasonable care on the part of the person or
firm towing the vehicle. Such person or firm shall be
liable for any damages occasioned to the vehicle if such
entry is not in accordance with the standards of reasonable
care.
10. When a vehicle has been towed or removed pursuant
to this Section, it must be released to its owner or
custodian within one half hour after requested, if such
request is made during business hours. Any vehicle owner or
custodian or agent shall have the right to inspect the
vehicle before accepting its return, and no release or
waiver of any kind which would release the towing service
from liability for damages incurred during the towing and
storage may be required from any vehicle owner or other
legally authorized person as a condition of release of the
vehicle. A detailed, signed receipt showing the legal name
of the towing service must be given to the person paying
towing or storage charges at the time of payment, whether
requested or not.
This Section shall not apply to law enforcement,
firefighting, rescue, ambulance, or other emergency vehicles
which are marked as such or to property owned by any
governmental entity.
When an authorized person improperly causes a motor vehicle
to be removed, such person shall be liable to the owner or
lessee of the vehicle for the cost or removal, transportation

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and storage, any damages resulting from the removal,
transportation and storage, attorney's fee and court costs.
Any towing or storage charges accrued shall be payable by
the use of any major credit card, in addition to being payable
in cash.
11. Towing companies shall also provide insurance
coverage for areas where vehicles towed under the
provisions of this Chapter will be impounded or otherwise
stored, and shall adequately cover loss by fire, theft or
other risks.
Any person who fails to comply with the conditions and
restrictions of this subsection shall be guilty of a Class C
misdemeanor and shall be fined not less than $100 nor more than
$500.
(g)(1) When a vehicle is determined to be a hazardous
dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
Illinois Municipal Code, its removal and impoundment by a
towing service may be authorized by a law enforcement agency
with appropriate jurisdiction.
(2) When a vehicle removal from either public or private
property is authorized by a law enforcement agency, the owner
of the vehicle shall be responsible for all towing and storage
charges.
(3) Vehicles removed from public or private property and
stored by a commercial vehicle relocator or any other towing
service authorized by a law enforcement agency in compliance

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with this Section and Sections 4-201 and 4-202 of this Code, or
at the request of the vehicle owner or operator, shall be
subject to a possessor lien for services pursuant to the Labor
and Storage Lien (Small Amount) Act. The provisions of Section
1 of that Act relating to notice and implied consent shall be
deemed satisfied by compliance with Section 18a-302 and
subsection (6) of Section 18a-300. In no event shall such lien
be greater than the rate or rates established in accordance
with subsection (6) of Section 18a-200 of this Code. In no
event shall such lien be increased or altered to reflect any
charge for services or materials rendered in addition to those
authorized by this Act. Every such lien shall be payable by use
of any major credit card, in addition to being payable in cash.
(4) Any personal property belonging to the vehicle owner in
a vehicle subject to a lien under this subsection (g) shall
likewise be subject to that lien, excepting only: child
restraint systems as defined in Section 4 of the Child
Passenger Protection Act and other child booster seats;
eyeglasses; food; medicine; perishable property; any
operator's licenses; any cash, credit cards, or checks or
checkbooks; any wallet, purse, or other property containing any
operator's license or other identifying documents or
materials, cash, credit cards, checks, or checkbooks; and any
personal property belonging to a person other than the vehicle
owner if that person provides adequate proof that the personal
property belongs to that person. The spouse, child, mother,

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father, brother, or sister of the vehicle owner may claim
personal property excepted under this paragraph (4) if the
person claiming the personal property provides the commercial
vehicle relocator or towing service with the authorization of
the vehicle owner.
(5) This paragraph (5) applies only in the case of a
vehicle that is towed as a result of being involved in an
accident. In addition to the personal property excepted under
paragraph (4), all other personal property in a vehicle subject
to a lien under this subsection (g) is exempt from that lien
and may be claimed by the vehicle owner if the vehicle owner
provides the commercial vehicle relocator or towing service
with proof that the vehicle owner has an insurance policy
covering towing and storage fees. The spouse, child, mother,
father, brother, or sister of the vehicle owner may claim
personal property in a vehicle subject to a lien under this
subsection (g) if the person claiming the personal property
provides the commercial vehicle relocator or towing service
with the authorization of the vehicle owner and proof that the
vehicle owner has an insurance policy covering towing and
storage fees. The regulation of liens on personal property and
exceptions to those liens in the case of vehicles towed as a
result of being involved in an accident are exclusive powers
and functions of the State. A home rule unit may not regulate
liens on personal property and exceptions to those liens in the
case of vehicles towed as a result of being involved in an

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accident. This paragraph (5) is a denial and limitation of home
rule powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(6) No lien under this subsection (g) shall: exceed $2,000
in its total amount; or be increased or altered to reflect any
charge for services or materials rendered in addition to those
authorized by this Act.
(h) Whenever a peace officer issues a citation to a driver
for a violation of subsection (a) of Section 11-506 of this
Code, the arresting officer may have the vehicle which the
person was operating at the time of the arrest impounded for a
period of 5 days after the time of arrest. An impounding agency
shall release a motor vehicle impounded under this subsection
(h) to the registered owner of the vehicle under any of the
following circumstances:
(1) If the vehicle is a stolen vehicle; or
(2) If the person ticketed for a violation of
subsection (a) of Section 11-506 of this Code was not
authorized by the registered owner of the vehicle to
operate the vehicle at the time of the violation; or
(3) If the registered owner of the vehicle was neither
the driver nor a passenger in the vehicle at the time of
the violation or was unaware that the driver was using the
vehicle to engage in street racing; or
(4) If the legal owner or registered owner of the
vehicle is a rental car agency; or

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(5) If, prior to the expiration of the impoundment
period specified above, the citation is dismissed or the
defendant is found not guilty of the offense.
(i) It is the public policy of this State that in the
interest of public safety, the possession of certain fireworks
is illegal in the State of Illinois without proper permitting.
The owner of record of any vehicle found containing
fireworks that were not purchased in a manner legally
consistent with the Pyrotechnic Use Act from a pyrotechnic or
consumer fireworks distributor or retailer authorized through
the Office of the State Fire Marshal may be subject to
impoundment by units of local government in conjunction with
the local law enforcement agency having jurisdiction. This
subsection (i) applies only to 1.3G fireworks, consumer
fireworks, flame effects, and special effects fireworks as
defined by the Pyrotechnic Use Act and the Office of the State
Fire Marshal. Return of vehicles impounded under this
subsection (i) is subject to existing or future local
ordinances concerning the return of impounded vehicles to their
owners.
For purposes of this subsection (i), "owner of record"
means the record title holder of the vehicle.
This subsection (i) does not apply if:
(1) the vehicle used in violation was stolen at the
time of the violation and the theft was reported to the
appropriate law enforcement officials within 24 hours

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after the theft was discovered or reasonably should have
been discovered;
(2) the vehicle was in operation as a common carrier
and the violation occurred without the knowledge of the
person in control of the vehicle;
(3) the alleged owner provides adequate proof that the
vehicle had been sold to another person prior to the
violation; or
(4) the owner provides adequate proof that the presence
of fireworks was permissible under the Section above.
Nothing contained in this subsection (i) concerning
fireworks shall be construed as applying to the transportation
of any article or thing shipped in conformity with Interstate
Commerce Commission regulations, nor as applying to the
military or naval forces of the United States.
(Source: P.A. 95-310, eff. 1-1-08; 95-562, eff. 7-1-08; 95-621,
eff. 6-1-08; 95-876, eff. 8-21-08; 96-1274, eff. 7-26-10;
96-1506, eff. 1-27-11.)
Section 99. Effective date. This Act takes effect January
1, 2012.