99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2656

 

Introduced , by Rep. Robert W. Pritchard

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-208.2  from Ch. 95 1/2, par. 11-208.2
625 ILCS 5/11-208.7

    Amends the Illinois Vehicle Code. Removes the limitation on home rule units adopting ordinances inconsistent with the Illinois Vehicle Code provision on administrative fees and procedures for impounding vehicles. Removes the time requirement for scheduling a hearing and limits the number of hearing continuances on the impoundment of vehicles. Provides that vehicles not recovered from the towing or storage facility within 18 (rather than 35 days) working days after an administrative hearing officer has rendered a written decision on the impoundment of a vehicle shall be deemed abandoned and disposed of in accordance with Chapter 4 of Article II of this Code. Provides that if the owner of the vehicle notifies the hearing officer or the tow facility within that 18-day period that he or she cannot retrieve the vehicle due to inability to pay the retrieval fee, the tow facility shall not dispose of the vehicle until 35 days after the administrative hearing officer issued the written decision. Allows a municipality, by ordinance, to provide that vehicles not retrieved from the towing facility or storage facility within 35 days after the administrative hearing officer issues a written decision shall be deemed abandoned and disposed of under the provisions of Article II of Chapter 4 of this Code. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 11-208.2 and 11-208.7 as follows:
 
6    (625 ILCS 5/11-208.2)  (from Ch. 95 1/2, par. 11-208.2)
7    Sec. 11-208.2. Limitation on home rule units.
8    The provisions of this Chapter of this Act limit the
9authority of home rule units to adopt local police regulations
10inconsistent herewith except pursuant to Sections 11-208,
1111-208.7, 11-209, 11-1005.1, 11-1412.1, and 11-1412.2 of this
12Chapter of this Act.
13(Source: P.A. 92-868, eff. 6-1-03.)
 
14    (625 ILCS 5/11-208.7)
15    Sec. 11-208.7. Administrative fees and procedures for
16impounding vehicles for specified violations.
17    (a) Any county or municipality may, consistent with this
18Section, provide by ordinance procedures for the release of
19properly impounded vehicles and for the imposition of a
20reasonable administrative fee related to its administrative
21and processing costs associated with the investigation,
22arrest, and detention of an offender, or the removal,

 

 

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1impoundment, storage, and release of the vehicle. The
2administrative fee imposed by the county or municipality may be
3in addition to any fees charged for the towing and storage of
4an impounded vehicle. The administrative fee shall be waived by
5the county or municipality upon verifiable proof that the
6vehicle was stolen at the time the vehicle was impounded.
7    (b) Any ordinance establishing procedures for the release
8of properly impounded vehicles under this Section may impose
9fees for the following violations:
10        (1) operation or use of a motor vehicle in the
11    commission of, or in the attempt to commit, an offense for
12    which a motor vehicle may be seized and forfeited pursuant
13    to Section 36-1 of the Criminal Code of 2012; or
14        (2) driving under the influence of alcohol, another
15    drug or drugs, an intoxicating compound or compounds, or
16    any combination thereof, in violation of Section 11-501 of
17    this Code; or
18        (3) operation or use of a motor vehicle in the
19    commission of, or in the attempt to commit, a felony or in
20    violation of the Cannabis Control Act; or
21        (4) operation or use of a motor vehicle in the
22    commission of, or in the attempt to commit, an offense in
23    violation of the Illinois Controlled Substances Act; or
24        (5) operation or use of a motor vehicle in the
25    commission of, or in the attempt to commit, an offense in
26    violation of Section 24-1, 24-1.5, or 24-3.1 of the

 

 

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1    Criminal Code of 1961 or the Criminal Code of 2012; or
2        (6) driving while a driver's license, permit, or
3    privilege to operate a motor vehicle is suspended or
4    revoked pursuant to Section 6-303 of this Code; except that
5    vehicles shall not be subjected to seizure or impoundment
6    if the suspension is for an unpaid citation (parking or
7    moving) or due to failure to comply with emission testing;
8    or
9        (7) operation or use of a motor vehicle while
10    soliciting, possessing, or attempting to solicit or
11    possess cannabis or a controlled substance, as defined by
12    the Cannabis Control Act or the Illinois Controlled
13    Substances Act; or
14        (8) operation or use of a motor vehicle with an expired
15    driver's license, in violation of Section 6-101 of this
16    Code, if the period of expiration is greater than one year;
17    or
18        (9) operation or use of a motor vehicle without ever
19    having been issued a driver's license or permit, in
20    violation of Section 6-101 of this Code, or operating a
21    motor vehicle without ever having been issued a driver's
22    license or permit due to a person's age; or
23        (10) operation or use of a motor vehicle by a person
24    against whom a warrant has been issued by a circuit clerk
25    in Illinois for failing to answer charges that the driver
26    violated Section 6-101, 6-303, or 11-501 of this Code; or

 

 

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1        (11) operation or use of a motor vehicle in the
2    commission of, or in the attempt to commit, an offense in
3    violation of Article 16 or 16A of the Criminal Code of 1961
4    or the Criminal Code of 2012; or
5        (12) operation or use of a motor vehicle in the
6    commission of, or in the attempt to commit, any other
7    misdemeanor or felony offense in violation of the Criminal
8    Code of 1961 or the Criminal Code of 2012, when so provided
9    by local ordinance; or
10        (13) operation or use of a motor vehicle in violation
11    of Section 11-503 of this Code:
12            (A) while the vehicle is part of a funeral
13        procession; or
14            (B) in a manner that interferes with a funeral
15        procession.
16    (c) The following shall apply to any fees imposed for
17administrative and processing costs pursuant to subsection
18(b):
19        (1) All administrative fees and towing and storage
20    charges shall be imposed on the registered owner of the
21    motor vehicle or the agents of that owner.
22        (2) The fees shall be in addition to (i) any other
23    penalties that may be assessed by a court of law for the
24    underlying violations; and (ii) any towing or storage fees,
25    or both, charged by the towing company.
26        (3) The fees shall be uniform for all similarly

 

 

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1    situated vehicles.
2        (4) The fees shall be collected by and paid to the
3    county or municipality imposing the fees.
4        (5) The towing or storage fees, or both, shall be
5    collected by and paid to the person, firm, or entity that
6    tows and stores the impounded vehicle.
7    (d) Any ordinance establishing procedures for the release
8of properly impounded vehicles under this Section shall provide
9for an opportunity for a hearing, as provided in subdivision
10(b)(4) of Section 11-208.3 of this Code, and for the release of
11the vehicle to the owner of record, lessee, or a lienholder of
12record upon payment of all administrative fees and towing and
13storage fees.
14    (e) Any ordinance establishing procedures for the
15impoundment and release of vehicles under this Section shall
16include the following provisions concerning notice of
17impoundment:
18        (1) Whenever a police officer has cause to believe that
19    a motor vehicle is subject to impoundment, the officer
20    shall provide for the towing of the vehicle to a facility
21    authorized by the county or municipality.
22        (2) At the time the vehicle is towed, the county or
23    municipality shall notify or make a reasonable attempt to
24    notify the owner, lessee, or person identifying himself or
25    herself as the owner or lessee of the vehicle, or any
26    person who is found to be in control of the vehicle at the

 

 

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1    time of the alleged offense, of the fact of the seizure,
2    and of the vehicle owner's or lessee's right to an
3    administrative hearing.
4        (3) The county or municipality shall also provide
5    notice that the motor vehicle will remain impounded pending
6    the completion of an administrative hearing, unless the
7    owner or lessee of the vehicle or a lienholder posts with
8    the county or municipality a bond equal to the
9    administrative fee as provided by ordinance and pays for
10    all towing and storage charges.
11    (f) Any ordinance establishing procedures for the
12impoundment and release of vehicles under this Section shall
13include a provision providing that the registered owner or
14lessee of the vehicle and any lienholder of record shall be
15provided with a notice of hearing. The notice shall:
16        (1) be served upon the owner, lessee, and any
17    lienholder of record either by personal service or by first
18    class mail to the interested party's address as registered
19    with the Secretary of State;
20        (2) be served upon interested parties within 10 days
21    after a vehicle is impounded by the municipality; and
22        (3) contain the date, time, and location of the
23    administrative hearing. An initial hearing shall be
24    scheduled and convened no later than 45 days after the date
25    of the mailing of the notice of hearing.
26    (g) In addition to the requirements contained in

 

 

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1subdivision (b)(4) of Section 11-208.3 of this Code relating to
2administrative hearings, any ordinance providing for the
3impoundment and release of vehicles under this Section shall
4include the following requirements concerning administrative
5hearings:
6        (1) administrative hearings shall be conducted by a
7    hearing officer who is an attorney licensed to practice law
8    in this State for a minimum of 3 years;
9        (1.5) no more than 2 continuances may be granted for
10    the administrative hearing;
11        (2) at the conclusion of the administrative hearing,
12    the hearing officer shall issue a written decision either
13    sustaining or overruling the vehicle impoundment;
14        (3) if the basis for the vehicle impoundment is
15    sustained by the administrative hearing officer, any
16    administrative fee posted to secure the release of the
17    vehicle shall be forfeited to the county or municipality;
18        (4) all final decisions of the administrative hearing
19    officer shall be subject to review under the provisions of
20    the Administrative Review Law, unless the county or
21    municipality allows in the enabling ordinance for direct
22    appeal to the circuit court having jurisdiction over the
23    county or municipality; and
24        (5) unless the administrative hearing officer
25    overturns the basis for the vehicle impoundment, no vehicle
26    shall be released to the owner, lessee, or lienholder of

 

 

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1    record until all administrative fees and towing and storage
2    charges are paid.
3    (h) Vehicles not retrieved from the towing facility or
4storage facility within 18 working 35 days after the
5administrative hearing officer issues a written decision shall
6be deemed abandoned and disposed of in accordance with the
7provisions of Article II of Chapter 4 of this Code. If the
8owner of the vehicle notifies the hearing officer or the tow
9facility within that 18-day period that he or she cannot
10retrieve the vehicle due to inability to pay the retrieval fee,
11the tow facility shall not dispose of the vehicle until 35 days
12after the administrative hearing officer issued the written
13decision. However, a municipality may, by ordinance, provide
14that vehicles not retrieved from the towing facility or storage
15facility within 35 days after the administrative hearing
16officer issues a written decision shall be deemed abandoned and
17disposed of under the provisions of Article II of Chapter 4 of
18this Code.
19    (i) Unless stayed by a court of competent jurisdiction, any
20fine, penalty, or administrative fee imposed under this Section
21which remains unpaid in whole or in part after the expiration
22of the deadline for seeking judicial review under the
23Administrative Review Law may be enforced in the same manner as
24a judgment entered by a court of competent jurisdiction.
25(Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13;
2698-518, eff. 8-22-13; 98-734, eff. 1-1-15; 98-756, eff.

 

 

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17-16-14.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.