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Public Act 100-0311


 

Public Act 0311 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0311
 
SB1694 EnrolledLRB100 08752 HEP 21695 b

    AN ACT concerning civil law.
 
    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 and adding Section 4-216 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
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
    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.
    (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
    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
    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,
        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
    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.
        9.5. Except as authorized by a law enforcement officer,
    no towing service shall engage in the removal of a
    commercial motor vehicle that requires a commercial
    driver's license to operate by operating the vehicle under
    its own power on a highway.
        10. When a vehicle has been towed or removed pursuant
    to this Section, it must be released to its owner, or
    custodian, agent, or lienholder within one half hour after
    requested, if such request is made during business hours.
    Any vehicle owner, or custodian, or agent, or lienholder
    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
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 in
cash or by cashier's check, certified check, debit card, credit
card, or wire transfer, at the option of the party taking
possession of the vehicle. 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 or Section 5-12002.1 of the Counties
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
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 in
cash or by cashier's check, certified check, debit card, credit
card, or wire transfer, at the option of the party taking
possession of the vehicle. 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,
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
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
        (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) Except for vehicles exempted under subsection (b) of
Section 7-601 of this Code, whenever a law enforcement officer
issues a citation to a driver for a violation of Section 3-707
of this Code, and the driver has a prior conviction for a
violation of Section 3-707 of this Code in the past 12 months,
the arresting officer shall authorize the removal and
impoundment of the vehicle by a towing service.
(Source: P.A. 99-438, eff. 1-1-16.)
 
    (625 ILCS 5/4-216 new)
    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 with an
opportunity to inspect the vehicle on the premises where the
vehicle is stored within 2 business days of the lienholder's
request. The date on which 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 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 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 upon request.
    (b) The notification requirements in subsection (a) of this
Section apply in addition to any lienholder 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 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 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 is entitled to
recover any storage fees paid to the 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 against the commercial vehicle locator or other
private towing service in the circuit court.
    (e) Notwithstanding any provision to the contrary in this
Act or the Illinois Vehicle 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 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 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 with a copy or proof of filing of the
request for lienholder 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 information; and (iii) the assessment of storage
fees complies with any applicable limitations set forth by a
municipality authorizing the vehicle removal.
 
    Section 10. The Labor and Storage Lien Act is amended by
changing Section 1.5 as follows:
 
    (770 ILCS 45/1.5)
    Sec. 1.5. Storage fees; notice to lienholder of record.
    (a) Any person, firm, or private corporation seeking to
impose fees in connection with the furnishing of storage for a
vehicle in the person's, firm's, or corporation's possession
must provide written notice, by certified mail, return receipt
requested, to the lienholder of record prior to the assessment
and accrual of such fees, regardless of whether it enforces a
lien under this Act. The notice shall be effective upon mailing
and include the rate at which fees will be incurred, and shall
provide the lienholder with an opportunity to inspect the
vehicle on the premises where the vehicle is stored within 2
business days of the lienholder's request. For impounded
vehicles, the date on which 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, if the
notification required under this Section is sent to the
lienholder of record within 2 business days. Payment of the
storage fees by the lienholder 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 taking
possession of the vehicle. The person, firm, or private
corporation seeking to impose storage fees shall furnish a copy
of the certified mail receipt to the lienholder upon request.
    (b) The notification requirements in subsection (a) of this
Section apply in addition to any lienholder notice requirements
under the Illinois Vehicle Code relating to the removal or
towing of an abandoned, lost, stolen, or unclaimed vehicle. If
a person, firm, or private corporation 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 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 discovers its collateral is in the
possession of a person, firm, or private corporation by means
other than the notification required in subsection (a) of this
Section, the lienholder is entitled to recover any storage fees
paid to the person, firm, or private corporation to reclaim
possession of its collateral.
    (d) An action under this Section may be brought by the
lienholder against the person, firm, or private corporation in
the circuit court.
    (e) Notwithstanding any provision to the contrary in this
Act or the Illinois Vehicle Code, 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
under this Act unless it first complies with the lienholder
notification requirements set forth in subsection (a) of this
Section.
    (f) If the vehicle that is incurring storage fees 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 information is filed with the applicable
administrative agency or office in that state by the person,
firm, or private corporation seeking to impose fees, if the
following conditions are met: (i) the person, firm, or private
corporation furnishes the lienholder with a copy or proof of
filing of the request for lienholder information; (ii) the
person, firm, or private corporation provides to the lienholder
of record the notification required by this Section within one
business day after receiving the requested lienholder
information; and (iii) the assessment of storage fees complies
with any applicable limitations set forth by a municipality
authorizing the vehicle removal.
    (g) This Section does not apply to a municipality with
1,000,000 or more inhabitants that is seeking to impose storage
fees for a vehicle in its possession.
(Source: P.A. 99-759, eff. 8-12-16.)
 
    Section 15. The Labor and Storage Lien (Small Amount) Act
is amended by changing Section 1.5 as follows:
 
    (770 ILCS 50/1.5)
    Sec. 1.5. Storage fees; notice to lienholder of record.
    (a) Any person, firm, or private corporation seeking to
impose fees in connection with the furnishing of storage for a
vehicle in the person's, firm's, or corporation's possession
must provide written notice, by certified mail, return receipt
requested, to the lienholder of record prior to the assessment
and accrual of such fees, regardless of whether it enforces a
lien under this Act. The notice shall be effective upon mailing
and include the rate at which fees will be incurred, and shall
provide the lienholder with an opportunity to inspect the
vehicle on the premises where the vehicle is stored within 2
business days of the lienholder's request. For impounded
vehicles, the date on which 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, if the
notification required under this Section is sent to the
lienholder of record within 2 business days. Payment of the
storage fees by the lienholder 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 taking
possession of the vehicle. The person, firm, or private
corporation seeking to impose storage fees shall furnish a copy
of the certified mail receipt to the lienholder upon request.
    (b) The notification requirements in subsection (a) of this
Section apply in addition to any lienholder notice requirements
under the Illinois Vehicle Code relating to the removal or
towing of an abandoned, lost, stolen, or unclaimed vehicle. If
a person, firm, or private corporation 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 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 discovers its collateral is in the
possession of a person, firm, or private corporation by means
other than the notification required in subsection (a) of this
Section, the lienholder is entitled to recover any storage fees
paid to the person, firm, or private corporation to reclaim
possession of its collateral.
    (d) An action under this Section may be brought by the
lienholder against the person, firm, or private corporation in
the circuit court.
    (e) Notwithstanding any provision to the contrary in this
Act or the Illinois Vehicle Code, 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
under this Act unless it first complies with the lienholder
notification requirements set forth in subsection (a) of this
Section.
    (f) If the vehicle that is incurring storage fees 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 information is filed with the applicable
administrative agency or office in that state by the person,
firm, or private corporation seeking to impose fees, if the
following conditions are met: (i) the person, firm, or private
corporation furnishes the lienholder with a copy or proof of
filing of the request for lienholder information; (ii) the
person, firm, or private corporation provides to the lienholder
of record the notification required by this Section within one
business day after receiving the requested lienholder
information; and (iii) the assessment of storage fees complies
with any applicable limitations set forth by a municipality
authorizing the vehicle removal.
    (g) This Section does not apply to a municipality with
1,000,000 or more inhabitants that is seeking to impose storage
fees for a vehicle in its possession.
(Source: P.A. 99-759, eff. 8-12-16.)
 
    Section 99. Effective date. This Act takes effect 90 days
after becoming law.

Effective Date: 11/22/2017