94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2808

 

Introduced 1/20/2006, by Sen. James F. Clayborne, Jr.

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/4-203   from Ch. 95 1/2, par. 4-203
625 ILCS 5/4-207   from Ch. 95 1/2, par. 4-207
625 ILCS 5/18a-300   from Ch. 95 1/2, par. 18a-300
625 ILCS 5/18a-501   from Ch. 95 1/2, par. 18a-501
815 ILCS 306/70
815 ILCS 306/71 new
815 ILCS 308/60
815 ILCS 308/61 new

    Amends the Illinois Vehicle Code, the Automotive Repair Act, and the Automotive Collision Repair Act. Provides that, when a vehicle is towed or hauled away, the relocator or possessor of the vehicle must, within 10 days of relocation, notify the registered owner and any lienholders of the vehicle that the vehicle has been relocated. Provides that if the Secretary of State does not provide to the relocator or possessor the name and address of the registered owner and any lienholders of the vehicle within 10 days after the relocator or possessor took possession of the vehicle, the required notice must be sent no later than 3 business days after the required information has been furnished. Provides that, if the required notification is not given within the required period, storage charges may not exceed those either for 10 days or for the period ending 3 business days after the Secretary of State provided ownership or lienholder information. Provides that, if notification is provided within the required period, the relocator or possessor is entitled to recover charges for the number of days in storage. Provides that the relocator or possessor is entitled to charge the lienholder for the reasonable costs of a title search necessary to identify the lienholder. Provides that no vehicle shall be released until all authorized charges have been paid. Provides that a lienholder is entitled to one free inspection of the vehicle. Provides in the Automotive Repair Act and the Automotive Collision Repair Act, that if a consumer fails to remove a vehicle within 15 days of being notified the repairs are complete, the automotive repair facility must request vehicle owner or lienholder information from the Secretary of State. Provides that notification and a statement of charges must be sent within 3 business days after owner or lienholder information is received from the Secretary of State. Provides that documentation of the charges must be provided without charge if requested. Provides that if the required notice is not sent, the repairer may claim storage or holding charges only for the first 15 days after notification that repairs were complete. Makes other changes. Effective September 1, 2006.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2808 LRB094 16082 DRH 53778 b

1     AN ACT concerning vehicles.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Sections 4-203, 4-207, 18a-300, and 18a-501 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;
8 Towing or hauling away.
9     (a) When a vehicle is abandoned, or left unattended, on a
10 toll highway, interstate highway, or expressway for 2 hours or
11 more, its removal by a towing service may be authorized by a
12 law enforcement agency having jurisdiction.
13     (b) When a vehicle is abandoned on a highway in an urban
14 district 10 hours or more, its removal by a towing service may
15 be authorized by a law enforcement agency having jurisdiction.
16     (c) When a vehicle is abandoned or left unattended on a
17 highway other than a toll highway, interstate highway, or
18 expressway, outside of an urban district for 24 hours or more,
19 its removal by a towing service may be authorized by a law
20 enforcement agency having jurisdiction.
21     (d) When an abandoned, unattended, wrecked, burned or
22 partially dismantled vehicle is creating a traffic hazard
23 because of its position in relation to the highway or its
24 physical appearance is causing the impeding of traffic, its
25 immediate removal from the highway or private property adjacent
26 to the highway by a towing service may be authorized by a law
27 enforcement agency having jurisdiction.
28     (e) Whenever a peace officer reasonably believes that a
29 person under arrest for a violation of Section 11-501 of this
30 Code or a similar provision of a local ordinance is likely,
31 upon release, to commit a subsequent violation of Section
32 11-501, or a similar provision of a local ordinance, the

 

 

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1 arresting officer shall have the vehicle which the person was
2 operating at the time of the arrest impounded for a period of
3 not more than 12 hours after the time of arrest. However, such
4 vehicle may be released by the arresting law enforcement agency
5 prior to the end of the impoundment period if:
6         (1) the vehicle was not owned by the person under
7     arrest, and the lawful owner requesting such release
8     possesses a valid operator's license, proof of ownership,
9     and would not, as determined by the arresting law
10     enforcement agency, indicate a lack of ability to operate a
11     motor vehicle in a safe manner, or who would otherwise, by
12     operating such motor vehicle, be in violation of this Code;
13     or
14         (2) the vehicle is owned by the person under arrest,
15     and the person under arrest gives permission to another
16     person to operate such vehicle, provided however, that the
17     other person possesses a valid operator's license and would
18     not, as determined by the arresting law enforcement agency,
19     indicate a lack of ability to operate a motor vehicle in a
20     safe manner or who would otherwise, by operating such motor
21     vehicle, be in violation of this Code.
22     (e-5) Whenever a registered owner of a vehicle is taken
23 into custody for operating the vehicle in violation of Section
24 11-501 of this Code or a similar provision of a local ordinance
25 or Section 6-303 of this Code, a law enforcement officer may
26 have the vehicle immediately impounded for a period not less
27 than:
28         (1) 24 hours for a second violation of Section 11-501
29     of this Code or a similar provision of a local ordinance or
30     Section 6-303 of this Code or a combination of these
31     offenses; or
32         (2) 48 hours for a third violation of Section 11-501 of
33     this Code or a similar provision of a local ordinance or
34     Section 6-303 of this Code or a combination of these
35     offenses.
36     The vehicle may be released sooner if the vehicle is owned

 

 

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1 by the person under arrest and the person under arrest gives
2 permission to another person to operate the vehicle and that
3 other person possesses a valid operator's license and would
4 not, as determined by the arresting law enforcement agency,
5 indicate a lack of ability to operate a motor vehicle in a safe
6 manner or would otherwise, by operating the motor vehicle, be
7 in violation of this Code.
8     (f) Except as provided in Chapter 18a of this Code, the
9 owner or lessor of privately owned real property within this
10 State, or any person authorized by such owner or lessor, or any
11 law enforcement agency in the case of publicly owned real
12 property may cause any motor vehicle abandoned or left
13 unattended upon such property without permission to be removed
14 by a towing service without liability for the costs of removal,
15 transportation or storage or damage caused by such removal,
16 transportation or storage. The towing or removal of any vehicle
17 from private property without the consent of the registered
18 owner or other legally authorized person in control of the
19 vehicle is subject to compliance with the following conditions
20 and restrictions:
21         1. Any towed or removed vehicle must be stored at the
22     site of the towing service's place of business. The site
23     must be open during business hours, and for the purpose of
24     redemption of vehicles, during the time that the person or
25     firm towing such vehicle is open for towing purposes.
26         2. The towing service shall within 30 minutes of
27     completion of such towing or removal, notify the law
28     enforcement agency having jurisdiction of such towing or
29     removal, and the make, model, color and license plate
30     number of the vehicle, and shall obtain and record the name
31     of the person at the law enforcement agency to whom such
32     information was reported.
33         3. If the registered owner or legally authorized person
34     entitled to possession of the vehicle shall arrive at the
35     scene prior to actual removal or towing of the vehicle, the
36     vehicle shall be disconnected from the tow truck and that

 

 

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1     person shall be allowed to remove the vehicle without
2     interference, upon the payment of a reasonable service fee
3     of not more than one half the posted rate of the towing
4     service as provided in paragraph 6 of this subsection, for
5     which a receipt shall be given.
6         4. The rebate or payment of money or any other valuable
7     consideration from the towing service or its owners,
8     managers or employees to the owners or operators of the
9     premises from which the vehicles are towed or removed, for
10     the privilege of removing or towing those vehicles, is
11     prohibited. Any individual who violates this paragraph
12     shall be guilty of a Class A misdemeanor.
13         5. Except for property appurtenant to and obviously a
14     part of a single family residence, and except for instances
15     where notice is personally given to the owner or other
16     legally authorized person in control of the vehicle that
17     the area in which that vehicle is parked is reserved or
18     otherwise unavailable to unauthorized vehicles and they
19     are subject to being removed at the owner or operator's
20     expense, any property owner or lessor, prior to towing or
21     removing any vehicle from private property without the
22     consent of the owner or other legally authorized person in
23     control of that vehicle, must post a notice meeting the
24     following requirements:
25             a. The notice must be prominently placed at each
26         driveway access or curb cut allowing vehicular access
27         to the property within 5 feet from the public
28         right-of-way line. If there are no curbs or access
29         barriers, the sign must be posted not less than one
30         sign each 100 feet of lot frontage.
31             b. The notice must indicate clearly, in not less
32         than 2 inch high light-reflective letters on a
33         contrasting background, that unauthorized vehicles
34         will be towed away at the owner's expense.
35             c. The notice must also provide the name and
36         current telephone number of the towing service towing

 

 

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1         or removing the vehicle.
2             d. The sign structure containing the required
3         notices must be permanently installed with the bottom
4         of the sign not less than 4 feet above ground level,
5         and must be continuously maintained on the property for
6         not less than 24 hours prior to the towing or removing
7         of any vehicle.
8         6. Any towing service that tows or removes vehicles and
9     proposes to require the owner, operator, or person in
10     control of the vehicle to pay the costs of towing and
11     storage prior to redemption of the vehicle must file and
12     keep on record with the local law enforcement agency a
13     complete copy of the current rates to be charged for such
14     services, and post at the storage site an identical rate
15     schedule and any written contracts with property owners,
16     lessors, or persons in control of property which authorize
17     them to remove vehicles as provided in this Section.
18         7. No person shall engage in the removal of vehicles
19     from private property as described in this Section without
20     filing a notice of intent in each community where he
21     intends to do such removal, and such notice shall be filed
22     at least 7 days before commencing such towing.
23         8. No removal of a vehicle from private property shall
24     be done except upon express written instructions of the
25     owners or persons in charge of the private property upon
26     which the vehicle is said to be trespassing.
27         9. Vehicle entry for the purpose of removal shall be
28     allowed with reasonable care on the part of the person or
29     firm towing the vehicle. Such person or firm shall be
30     liable for any damages occasioned to the vehicle if such
31     entry is not in accordance with the standards of reasonable
32     care.
33         10. When a vehicle has been towed or removed pursuant
34     to this Section, it must be released to its owner or
35     custodian within one half hour after requested, if such
36     request is made during business hours. Any vehicle owner or

 

 

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1     custodian or agent shall have the right to inspect the
2     vehicle before accepting its return, and no release or
3     waiver of any kind which would release the towing service
4     from liability for damages incurred during the towing and
5     storage may be required from any vehicle owner or other
6     legally authorized person as a condition of release of the
7     vehicle. A detailed, signed receipt showing the legal name
8     of the towing service must be given to the person paying
9     towing or storage charges at the time of payment, whether
10     requested or not.
11     This Section shall not apply to law enforcement,
12 firefighting, rescue, ambulance, or other emergency vehicles
13 which are marked as such or to property owned by any
14 governmental entity.
15     When an authorized person improperly causes a motor vehicle
16 to be removed, such person shall be liable to the owner or
17 lessee of the vehicle for the cost or removal, transportation
18 and storage, any damages resulting from the removal,
19 transportation and storage, attorney's fee and court costs.
20     Any towing or storage charges accrued shall be payable by
21 the use of any major credit card, in addition to being payable
22 in cash.
23         11. Towing companies shall also provide insurance
24     coverage for areas where vehicles towed under the
25     provisions of this Chapter will be impounded or otherwise
26     stored, and shall adequately cover loss by fire, theft or
27     other risks.
28     Any person who fails to comply with the conditions and
29 restrictions of this subsection shall be guilty of a Class C
30 misdemeanor and shall be fined not less than $100 nor more than
31 $500.
32     (g) When a vehicle is determined to be a hazardous
33 dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
34 Illinois Municipal Code, its removal and impoundment by a
35 towing service may be authorized by a law enforcement agency
36 with appropriate jurisdiction.

 

 

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1     When a vehicle removal from either public or private
2 property is authorized by a law enforcement agency, the owner
3 of the vehicle shall be responsible for all towing and storage
4 charges.
5     Vehicles removed from public or private property and stored
6 by a commercial vehicle relocator or any other towing service
7 in compliance with this Section and Sections 4-201 and 4-202 of
8 this Code, or at the request of the vehicle owner or operator,
9 shall be subject to the statutory a possessor lien for services
10 pursuant to the Labor and Storage Lien (Small Amount) Act.
11 Subject to subsection (b) of Section 18a-501 of this Code, the
12 The provisions of Section 1 of that Act relating to notice and
13 implied consent shall be deemed satisfied by compliance with
14 Section 18a-302 and subsection (10) (6) of Section 18a-300. In
15 no event shall such lien be greater than the rate or rates
16 established in accordance with subsection (6) of Section
17 18a-200 of this Code. In no event shall such lien be increased
18 or altered to reflect any charge for services or materials
19 rendered in addition to those authorized by this Act. Every
20 such lien shall be payable by use of any major credit card, in
21 addition to being payable in cash.
22     Any personal property belonging to the vehicle owner in a
23 vehicle subject to a lien under this subsection (g) shall
24 likewise be subject to that lien, excepting only: food;
25 medicine; perishable property; any operator's licenses; any
26 cash, credit cards, or checks or checkbooks; and any wallet,
27 purse, or other property containing any operator's license or
28 other identifying documents or materials, cash, credit cards,
29 checks, or checkbooks.
30     No lien under this subsection (g) shall: exceed $2,000 in
31 its total amount; or be increased or altered to reflect any
32 charge for services or materials rendered in addition to those
33 authorized by this Act.
34 (Source: P.A. 94-522, eff. 8-10-05.)
 
35     (625 ILCS 5/4-207)  (from Ch. 95 1/2, par. 4-207)

 

 

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1     Sec. 4-207. Reclaimed vehicles; expenses.
2     (a) Any time before a vehicle is sold at public sale or
3 disposed of as provided in Section 4-208, the owner, lienholder
4 or other person legally entitled to its possession may reclaim
5 the vehicle by presenting to the law enforcement agency having
6 custody of the vehicle proof of ownership or proof of the right
7 to possession of the vehicle.
8     (b) No vehicle shall be released to the owner, lienholder,
9 or other person under this Section until all towing, storage,
10 and processing charges have been paid, as authorized by Section
11 18a-501 of this Code.
12 (Source: P.A. 89-433, eff. 12-15-95.)
 
13     (625 ILCS 5/18a-300)  (from Ch. 95 1/2, par. 18a-300)
14     Sec. 18a-300. Commercial vehicle relocators - Unlawful
15 practices. It shall be unlawful for any commercial vehicle
16 relocator:
17         (1) To operate in any county in which this Chapter is
18     applicable without a valid, current relocator's license as
19     provided in Article IV of this Chapter;
20         (2) To employ as an operator, or otherwise so use the
21     services of, any person who does not have at the
22     commencement of employment or service, or at any time
23     during the course of employment or service, a valid,
24     current operator's employment permit, or temporary
25     operator's employment permit issued in accordance with
26     Sections 18a-403 or 18a-405 of this Chapter; or to fail to
27     notify the Commission, in writing, of any known criminal
28     conviction of any employee occurring at any time before or
29     during the course of employment or service;
30         (3) To employ as a dispatcher, or otherwise so use the
31     services of, any person who does not have at the
32     commencement of employment or service, or at any time
33     during the course of employment or service, a valid,
34     current dispatcher's or operator's employment permit or
35     temporary dispatcher's or operator's employment permit

 

 

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1     issued in accordance with Sections 18a-403 or 18a-407 of
2     this Chapter; or to fail to notify the Commission, in
3     writing, of any known criminal conviction of any employee
4     occurring at any time before or during the course of
5     employment or service;
6         (4) To operate upon the highways of this State any
7     vehicle used in connection with any commercial vehicle
8     relocation service unless:
9              (A) There is painted or firmly affixed to the
10         vehicle on both sides of the vehicle in a color or
11         colors vividly contrasting to the color of the vehicle
12         the name, address and telephone number of the
13         relocator. The Commission shall prescribe reasonable
14         rules and regulations pertaining to insignia to be
15         painted or firmly affixed to vehicles and shall waive
16         the requirements of the address on any vehicle in cases
17         where the operator of a vehicle has painted or
18         otherwise firmly affixed to the vehicle a seal or trade
19         mark that clearly identifies the operator of the
20         vehicle; and
21              (B) There is carried in the power unit of the
22         vehicle a certified copy of the currently effective
23         relocator's license and operator's employment permit.
24         Copies may be photographed, photocopied, or reproduced
25         or printed by any other legible and durable process.
26         Any person guilty of not causing to be displayed a copy
27         of his relocator's license and operator's employment
28         permit may in any hearing concerning the violation be
29         excused from the payment of the penalty hereinafter
30         provided upon a showing that the license was issued by
31         the Commission, but was subsequently lost or
32         destroyed;
33         (5) To operate upon the highways of this State any
34     vehicle used in connection with any commercial vehicle
35     relocation service that bears the name or address and
36     telephone number of any person or entity other than the

 

 

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1     relocator by which it is owned or to which it is leased;
2         (6) To advertise in any newspaper, book, list,
3     classified directory or other publication unless there is
4     contained in the advertisement the license number of the
5     relocator;
6         (7) To remove any vehicle from private property without
7     having first obtained the written authorization of the
8     property owner or other person in lawful possession or
9     control of the property, his authorized agent, or an
10     authorized law enforcement officer. The authorization may
11     be on a contractual basis covering a period of time or
12     limited to a specific removal;
13         (8) To charge the private property owner, who requested
14     that an unauthorized vehicle be removed from his property,
15     with the costs of removing the vehicle contrary to any
16     terms that may be a part of the contract between the
17     property owner and the commercial relocator. Nothing in
18     this paragraph shall prevent a relocator from assessing,
19     collecting, or receiving from the property owner, lessee,
20     or their agents any fee prescribed by the Commission;
21         (9) To remove a vehicle when the owner or operator of
22     the vehicle is present or arrives at the vehicle location
23     at any time prior to the completion of removal, and is
24     willing and able to remove the vehicle immediately;
25         (10) To remove any vehicle from property on which signs
26     are required and on which there are not posted appropriate
27     signs under Section 18a-302;
28         (11) To fail to notify law enforcement authorities in
29     the jurisdiction in which the trespassing vehicle was
30     removed within one hour of the removal. Notification shall
31     include a complete description of the vehicle,
32     registration numbers if possible, the locations from which
33     and to which the vehicle was removed, the time of removal,
34     and any other information required by regulation, statute
35     or ordinance;
36         (12) To impose any charge other than in accordance with

 

 

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1     the rates set by the Commission as provided in paragraph
2     (6) of Section 18a-200 of this Chapter;
3         (12.1) To impose any charge other than in accordance
4     with subsection (b) of Section 18a-501 of this Chapter;
5         (13) To fail, in the office or location at which
6     relocated vehicles are routinely returned to their owners,
7     to prominently post the name, address and telephone number
8     of the nearest office of the Commission to which inquiries
9     or complaints may be sent;
10         (13.1) To fail to distribute to each owner or operator
11     of a relocated vehicle, in written form as prescribed by
12     Commission rule or regulation, the relevant statutes,
13     regulations and ordinances governing commercial vehicle
14     relocators, including, in at least 12 point boldface type,
15     the name, address and telephone number of the nearest
16     office of the Commission to which inquiries or complaints
17     may be sent;
18         (13.2) To fail, in the office or location at which
19     relocated vehicles are routinely returned to their owners,
20     to ensure that the relocator's representative provides
21     suitable evidence of his or her identity to the owners of
22     relocated vehicles upon request;
23         (14) To remove any vehicle, otherwise in accordance
24     with this Chapter, more than 15 air miles from its location
25     when towed from a location in an unincorporated area of a
26     county or more than 10 air miles from its location when
27     towed from any other location;
28         (15) To fail to make a telephone number available to
29     the police department of any municipality in which a
30     relocator operates at which the relocator or an employee of
31     the relocator may be contacted at any time during the hours
32     in which the relocator is engaged in the towing of
33     vehicles, or advertised as engaged in the towing of
34     vehicles, for the purpose of effectuating the release of a
35     towed vehicle; or to fail to include the telephone number
36     in any advertisement of the relocator's services published

 

 

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1     or otherwise appearing on or after the effective date of
2     this amendatory Act; or to fail to have an employee
3     available at any time on the premises owned or controlled
4     by the relocator for the purposes of arranging for the
5     immediate release of the vehicle.
6         Apart from any other penalty or liability authorized
7     under this Act, if after a reasonable effort, the owner of
8     the vehicle is unable to make telephone contact with the
9     relocator for a period of one hour from his initial attempt
10     during any time period in which the relocator is required
11     to respond at the number, all fees for towing, storage, or
12     otherwise are to be waived. Proof of 3 attempted phone
13     calls to the number provided to the police department by an
14     officer or employee of the department on behalf of the
15     vehicle owner within the space of one hour, at least 2 of
16     which are separated by 45 minutes, shall be deemed
17     sufficient proof of the owner's reasonable effort to make
18     contact with the vehicle relocator. Failure of the
19     relocator to respond to the phone calls is not a criminal
20     violation of this Chapter;
21         (16) To use equipment which the relocator does not own,
22     except in compliance with Section 18a-306 of this Chapter
23     and Commission regulations. No equipment can be leased to
24     more than one relocator at any time. Equipment leases shall
25     be filed with the Commission. If equipment is leased to one
26     relocator, it cannot thereafter be leased to another
27     relocator until a written cancellation of lease is properly
28     filed with the Commission;
29         (17) To use drivers or other personnel who are not
30     employees or contractors of the relocator;
31         (18) To fail to refund any amount charged in excess of
32     the reasonable rate established by the Commission;
33         (19) To violate any other provision of this Chapter, or
34     of Commission regulations or orders adopted under this
35     Chapter.
36 (Source: P.A. 94-650, eff. 1-1-06.)
 

 

 

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1     (625 ILCS 5/18a-501)  (from Ch. 95 1/2, par. 18a-501)
2     Sec. 18a-501. Liens against relocated vehicles.
3     (a) Subject to subsection (b), unauthorized Unauthorized
4 vehicles removed and stored by a commercial vehicle relocator
5 in compliance with this Chapter shall be subject to the
6 statutory a possessory lien for services pursuant to the Labor
7 and Storage Lien (Small Amount) Act, and the provisions of
8 Section 1 of that Act relating to notice and implied consent
9 shall be deemed satisfied by compliance with Section 18a-302
10 and item (10) of Section 18a-300. In no event shall such lien
11 be greater than the rate or rates established in accordance
12 with item (6) of Section 18a-200. In no event shall such lien
13 be increased or altered to reflect any charge for services or
14 materials rendered in addition to those authorized by this Act.
15 Every such lien shall be payable by use of any major credit
16 card, in addition to being payable in cash. Upon receipt of a
17 properly signed credit card receipt, a relocator shall become a
18 holder in due course, and neither the holder of the credit card
19 nor the company which issued the credit card may thereafter
20 refuse to remit payment in the amount shown on the credit card
21 receipt minus the ordinary charge assessed by the credit card
22 company for processing the charge. The Commission may adopt
23 regulations governing acceptance of credit cards by a
24 relocator.
25     (b) Except as otherwise provided in this subsection (b),
26 the relocator or possessor of any relocated vehicle must,
27 within 10 days of taking possession of the vehicle, notify the
28 registered owner and any lienholders of the vehicle, as
29 disclosed by the vehicle registration records of the Illinois
30 Secretary of State, by first class and certified mail, return
31 receipt requested, that the vehicle has been relocated. If the
32 Secretary of State does not provide to the relocator or
33 possessor of the relocated vehicle the name and address of the
34 registered owner and any lienholders of the vehicle within 10
35 days after the relocator or possessor took possession of the

 

 

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1 vehicle, however, the required notice must be sent no later
2 than 3 business days after owner and lienholder information has
3 been furnished to the relocator or possessor of the relocated
4 vehicle. The notice shall disclose the date of relocation, the
5 address where the vehicle is located, and an itemization of all
6 authorized charges claimed. If the required notice is not
7 provided within the period provided for in this subsection (b),
8 the lien of the relocator or possessor of the vehicle shall not
9 exceed the vehicle storage charges for 10 days, or for the
10 period ending 3 business days after the Secretary of State
11 furnished owner and lienholder information to the relocator or
12 possessor of the vehicle. If notice is given within the time
13 period provided for in this subsection (b), the relocator or
14 possessor of the vehicle is entitled to a lien on the vehicle
15 for storage charges for the number of days the vehicle was
16 stored. The lien of the relocator or possessor of the vehicle
17 also may include the costs of a title search necessary to
18 identify the registered owner and lienholder, in amounts
19 prescribed by the Secretary of State under Section 3-821.1 of
20 this Code. A lienholder, or its authorized representative may,
21 during normal business hours and on reasonable prior notice to
22 the relocator or possessor of the vehicle, make one reasonable
23 inspection and examination of the vehicle without charge or
24 cost. At any time before the vehicle is disposed of as provided
25 by law, the registered owner or lienholder legally entitled to
26 its possession may reclaim the vehicle by presenting proof of
27 ownership or of the right to possession of the vehicle and by
28 payment of all towing and storage charges authorized by law.
29     This subsection (b) does not apply to the relocation or
30 possession of any vehicle relocated before the effective date
31 of this amendatory Act of this 94th General Assembly.
32 (Source: P.A. 91-357, eff. 7-29-99.)
 
33     Section 10. The Automotive Repair Act is amended by
34 changing Section 70 and adding Section 71 as follows:
 

 

 

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1     (815 ILCS 306/70)
2     Sec. 70. Removal of vehicle from facility. Upon reasonable
3 notice and during the motor vehicle repair facility's business
4 hours, a consumer, the lienholder, or another legally entitled
5 person may remove a vehicle from a motor vehicle repair
6 facility upon paying for the following:
7         (1) Labor actually performed.
8         (2) Parts actually installed.
9         (3) Parts ordered specifically for the consumer's car
10     if the order is not cancelable or the parts are not
11     returnable for cash or credit.
12         (4) Storage charges imposed in accordance with the
13     schedule of charges if disclosed to consumers prior to
14     repairs and in accordance with Section 71 of this Act.
15         (5) The costs of a title search necessary to identify
16     the registered owner and lienholder, in amounts prescribed
17     by the Secretary of State under Section 3-821.1 of this
18     Code.
19 (Source: P.A. 90-426, eff. 1-1-98.)
 
20     (815 ILCS 306/71 new)
21     Sec. 71. Notice to registered owner, lienholder, or other
22 legally entitled persons.
23     (a) If the consumer fails to remove the vehicle within 15
24 days of being notified that automotive repair is complete, the
25 automotive repair facility shall send a request for owner and
26 lienholder information to the Illinois Secretary of State, as
27 provided in paragraph (b) of this Section. Within 3 business
28 days of receipt of owner and lienholder information from the
29 Secretary of State, the automotive repair facility shall send a
30 notification by certified mail to the registered owner, the
31 lienholder, and any other legally entitled persons advising
32 where the vehicle is held and detailing all charges claimed to
33 be due. Upon request of the registered owner, lienholder, or
34 other legally entitled person, the automotive repair facility
35 shall, without charge, provide copies of all documentation of

 

 

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1 the repairs and authorization for the repairs. A lienholder or
2 its authorized representative may, during normal business
3 hours and on reasonable prior notice to the automotive repair
4 facility in possession of the vehicle, make one reasonable
5 inspection and examination of the vehicle without charge or
6 cost.
7     (b) When ownership or lienholder information is needed for
8 an automotive repair facility to give notification as required
9 under this Code, the automotive repair facility shall cause the
10 vehicle registration records of the State of Illinois to be
11 searched by the Secretary of State.
12     The written request of an automotive repair facility, in
13 the form and containing the information prescribed by the
14 Secretary of State by rule, may be transmitted to the Secretary
15 of State in person, by U.S. mail or other delivery service, by
16 facsimile transmission, or by other means the Secretary of
17 State deems acceptable.
18     The Secretary of State shall provide the required
19 information, or a statement that the information was not found
20 in the vehicle registration records of the State, by U.S. mail
21 or other delivery service, facsimile transmission, as
22 requested by the automotive repair facility, or by other means
23 acceptable to the Secretary of State.
24     (c) The Secretary of State may adopt rules for submission
25 of requests for record searches and replies via computer link.
26     (d) Fees for services provided under this Section shall be
27 in amounts prescribed by the Secretary of State under Section
28 3-821.1 of the Illinois Vehicle Code. Payment may be made by
29 the automotive repair facility using cash, any commonly
30 accepted credit card, or any other means of payment deemed
31 acceptable by the Secretary of State.
32     (e) Failure to provide the notice required by this Section
33 shall not result in a barring of any lien for actual parts or
34 labor expended that were otherwise properly authorized under
35 this Act. After failing to provide the required notice,
36 however, the automotive repair facility may not claim any

 

 

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1 additional charges, including but not limited to storage or
2 holding charges related to any delay in the removal of the
3 vehicle, other than those storage or holding charges imposed in
4 the first 15 days.
 
5     Section 15. The Automotive Collision Repair Act is amended
6 by changing Section 60 and adding Section 61 as follows:
 
7     (815 ILCS 308/60)
8     Sec. 60. Removal of motor vehicle from facility. Upon
9 reasonable notice and during the collision repair facility's
10 business hours, a consumer, the lienholder, or another legally
11 entitled person may remove a motor vehicle from a collision
12 repair facility upon paying for the following:
13         (1) Labor actually performed.
14         (2) Parts actually installed.
15         (3) Parts ordered specifically for the consumer's car
16     if the order is not cancelable or the parts are not
17     returnable for cash or credit.
18         (4) Storage and administrative charges imposed in
19     accordance with the schedule of charges if posted on a sign
20     within the shop or otherwise disclosed to consumers prior
21     to repairs and in accordance with Section 61 of this Act.
22         (5) The costs of a title search necessary to identify
23     the registered owner and lienholder, in amounts prescribed
24     by the Secretary of State under Section 3-821.1 of this
25     Code.
26 (Source: P.A. 93-565, eff. 1-1-04.)
 
27     (815 ILCS 308/61 new)
28     Sec. 61. Notice to registered owner, lienholder, or other
29 legally entitled persons.
30     (a) If the consumer fails to remove the vehicle within 15
31 days of being notified that automotive collision and body
32 repair is complete, the automotive collision and body repair
33 facility shall send a request for owner and lienholder

 

 

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1 information to the Illinois Secretary of State, as provided in
2 paragraph (b) of this Section. Within 3 business days of
3 receipt of owner and lienholder information from the Secretary
4 of State, the automotive repair facility shall send
5 notification by certified mail to the registered owner, the
6 lienholder, and other legally entitled persons, advising where
7 the vehicle is held and detailing all charges claimed to be
8 due. Upon request of the registered owner, lienholder, or other
9 legally entitled person, the automotive repair facility shall,
10 without charge, provide copies of all documentation of the
11 repairs and authorization for the repairs. A lienholder or its
12 authorized representative may, during normal business hours
13 and on reasonable prior notice to the automotive collision and
14 body repair facility in possession of the vehicle, make one
15 reasonable inspection and examination of the vehicle without
16 charge or cost.
17     (b) If ownership or lienholder information is needed for an
18 automotive collision and body repair facility to give
19 notification as required under this Code, the automotive
20 collision and body repair facility shall cause the vehicle
21 registration records of the State of Illinois to be searched by
22 the Secretary of State.
23     The written request of an automotive collision and body
24 repair facility, in the form and containing the information
25 prescribed by the Secretary of State by rule, may be
26 transmitted to the Secretary of State in person, by U.S. mail
27 or other delivery service, by facsimile transmission, or by
28 other means the Secretary of State deems acceptable.
29     The Secretary of State shall provide the required
30 information, or a statement that the information was not found
31 in the vehicle registration records of the State, by U.S. mail
32 or other delivery service or by facsimile transmission, as
33 requested by the automotive collision and body repair facility,
34 or by other means acceptable to the Secretary of State.
35     (c) The Secretary of State shall adopt rules for submission
36 of requests for record searches and replies via computer link.

 

 

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1     (d) Fees for services provided under this Section shall be
2 in amounts prescribed by the Secretary of State under Section
3 3-821.1 of the Illinois Vehicle Code. Payment may be made by
4 the automotive collision and body repair facility using cash,
5 any commonly accepted credit card, or any other means of
6 payment deemed acceptable by the Secretary of State.
7     (e) Failure to provide the notice required by this Section
8 shall not result in a barring of any lien for actual parts or
9 labor expended that were otherwise properly authorized
10 pursuant to this Act. After failing to provide the required
11 notice, however, the automotive collision and body repair
12 facility may not claim any additional charges, including but
13 not limited to storage or holding charges related to any delay
14 in the removal of the vehicle, other than those storage or
15 holding charges imposed in the first 15 days.
 
16     Section 99. Effective date. This Act takes effect September
17 1, 2006.