Full Text of SB2005 97th General Assembly
SB2005 97TH GENERAL ASSEMBLY |
| | 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 |
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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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| 1 | | AN ACT concerning transportation.
| 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 | | Section 4-203 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 |
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| 1 | | physical appearance is causing the
impeding of traffic, its | 2 | | immediate removal from the highway or private
property adjacent | 3 | | to the highway by a towing service may be authorized
by a law | 4 | | enforcement agency having jurisdiction.
| 5 | | (e) Whenever a
peace officer reasonably believes that a | 6 | | person under
arrest for a violation of Section 11-501 of this | 7 | | Code or a similar
provision of a local ordinance is likely, | 8 | | upon release, to commit a
subsequent violation of Section | 9 | | 11-501, or a similar provision of a local
ordinance, the | 10 | | arresting officer shall have the vehicle which the person
was | 11 | | operating at the time of the arrest impounded for a period of | 12 | | not more
than 12 hours after the time of arrest. However, such | 13 | | vehicle may be
released by the arresting law enforcement agency | 14 | | prior to the end of the
impoundment period if:
| 15 | | (1) the vehicle was not owned by the person under | 16 | | arrest, and the lawful
owner requesting such release | 17 | | possesses a valid operator's license, proof
of ownership, | 18 | | and would not, as determined by the arresting law | 19 | | enforcement
agency, indicate a lack of ability to operate a | 20 | | motor vehicle in a safe
manner, or who would otherwise, by | 21 | | operating such motor vehicle, be in
violation of this Code; | 22 | | or
| 23 | | (2) the vehicle is owned by the person under arrest, | 24 | | and the person
under arrest gives permission to another | 25 | | person to operate such vehicle,
provided however, that the | 26 | | other person possesses a valid operator's license
and would |
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| 1 | | not, as determined by the arresting law enforcement
agency, | 2 | | indicate a lack of ability to operate a motor vehicle in a | 3 | | safe
manner or who would otherwise, by operating such motor | 4 | | vehicle, be in
violation of this Code.
| 5 | | (e-5) Whenever a registered owner of a vehicle is taken | 6 | | into custody for
operating the vehicle in violation of Section | 7 | | 11-501 of this Code or a similar
provision of a local ordinance | 8 | | or Section 6-303 of this Code, a
law enforcement officer
may | 9 | | have the vehicle immediately impounded for a period not less | 10 | | than:
| 11 | | (1) 24 hours for a second violation of Section 11-501 | 12 | | of this Code or a
similar provision of a local ordinance or | 13 | | Section 6-303
of
this Code or a combination of these | 14 | | offenses; or
| 15 | | (2) 48 hours for a third violation of Section 11-501 of | 16 | | this Code or a
similar provision of a local ordinance or | 17 | | Section 6-303 of this
Code or a combination of these | 18 | | offenses.
| 19 | | The vehicle may be released sooner if the vehicle is owned | 20 | | by the person
under arrest and the person under arrest gives | 21 | | permission to another person to
operate the vehicle and that | 22 | | other person possesses a valid operator's license
and would | 23 | | not, as determined by the arresting law enforcement agency, | 24 | | indicate
a lack of ability to operate a motor vehicle in a safe | 25 | | manner or would
otherwise, by operating the motor vehicle, be | 26 | | in violation of this Code.
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| 1 | | (f) Except as provided in Chapter 18a of this Code, the | 2 | | owner or
lessor of privately owned real property within this | 3 | | State, or any person
authorized by such owner or lessor, or any | 4 | | law enforcement agency in the
case of publicly owned real | 5 | | property may cause any motor vehicle abandoned
or left | 6 | | unattended upon such property without permission to be removed | 7 | | by a
towing service without liability for the costs of removal, | 8 | | transportation
or storage or damage caused by such removal, | 9 | | transportation or storage.
The towing or removal of any vehicle | 10 | | from private property without the
consent of the registered | 11 | | owner or other legally authorized person in
control of the | 12 | | vehicle is subject to compliance with the following
conditions | 13 | | and restrictions:
| 14 | | 1. Any towed or removed vehicle must be stored at the | 15 | | site of the towing
service's place of business. The site | 16 | | must be open during business hours,
and for the purpose of | 17 | | redemption of vehicles, during the time that the
person or | 18 | | firm towing such vehicle is open for towing purposes.
| 19 | | 2. The towing service shall within 30 minutes of | 20 | | completion of such
towing or removal, notify the law | 21 | | enforcement agency having jurisdiction of
such towing or | 22 | | removal, and the make, model, color and license plate | 23 | | number
of the vehicle, and shall obtain and record the name | 24 | | of the person at the law
enforcement agency to whom such | 25 | | information was reported.
| 26 | | 3. If the registered owner or legally authorized person |
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| 1 | | entitled to
possession of the vehicle shall arrive at the | 2 | | scene prior to actual removal
or towing of the vehicle, the | 3 | | vehicle shall be disconnected from the tow
truck and that | 4 | | person shall be allowed to remove the vehicle without
| 5 | | interference, upon the payment of a reasonable service fee | 6 | | of not more than
one half the posted rate of the towing | 7 | | service as provided in paragraph
6 of this subsection, for | 8 | | which a receipt shall be given.
| 9 | | 4. The rebate or payment of money or any other valuable | 10 | | consideration
from the towing service or its owners, | 11 | | managers or employees to the owners
or operators of the | 12 | | premises from which the vehicles are towed or removed,
for | 13 | | the privilege of removing or towing those vehicles, is | 14 | | prohibited. Any
individual who violates this paragraph | 15 | | shall be guilty of a Class A
misdemeanor.
| 16 | | 5. Except for property appurtenant to and obviously a | 17 | | part of a single
family residence, and except for instances | 18 | | where notice is personally given
to the owner or other | 19 | | legally authorized person in control of the vehicle
that | 20 | | the area in which that vehicle is parked is reserved or | 21 | | otherwise
unavailable to unauthorized vehicles and they | 22 | | are subject to being removed
at the owner or operator's | 23 | | expense, any property owner or lessor, prior to
towing or | 24 | | removing any vehicle from private property without the | 25 | | consent of
the owner or other legally authorized person in | 26 | | control of that vehicle,
must post a notice meeting the |
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| 1 | | following requirements:
| 2 | | a. Except as otherwise provided in subparagraph | 3 | | a.1 of this subdivision (f)5, the notice must be | 4 | | prominently placed at each driveway access or curb
cut | 5 | | allowing vehicular access to the property within 5 feet | 6 | | from the public
right-of-way line. If there are no | 7 | | curbs or access barriers, the sign must
be posted not | 8 | | less than one sign each 100 feet of lot frontage.
| 9 | | a.1. In a municipality with a population of less | 10 | | than 250,000, as an alternative to the requirement of | 11 | | subparagraph a of this subdivision (f)5, the notice for | 12 | | a parking lot contained within property used solely for | 13 | | a 2-family, 3-family, or 4-family residence may be | 14 | | prominently placed at the perimeter of the parking lot, | 15 | | in a position where the notice is visible to the | 16 | | occupants of vehicles entering the lot.
| 17 | | b. The notice must indicate clearly, in not less | 18 | | than 2 inch high
light-reflective letters on a | 19 | | contrasting background, that unauthorized
vehicles | 20 | | will be towed away at the owner's expense.
| 21 | | c. The notice must also provide the name and | 22 | | current telephone
number of the towing service towing | 23 | | or removing the vehicle.
| 24 | | d. The sign structure containing the required | 25 | | notices must be
permanently installed with the bottom | 26 | | of the sign not less than 4 feet
above ground level, |
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| 1 | | and must be continuously maintained on the property for
| 2 | | not less than 24 hours prior to the towing or removing | 3 | | of any vehicle.
| 4 | | 6. Any towing service that tows or removes vehicles and | 5 | | proposes to
require the owner, operator, or person in | 6 | | control of the vehicle to pay the
costs of towing and | 7 | | storage prior to redemption of the vehicle must file
and | 8 | | keep on record with the local law enforcement agency a | 9 | | complete copy of
the current rates to be charged for such | 10 | | services, and post at the storage
site an identical rate | 11 | | schedule and any written contracts with property
owners, | 12 | | lessors, or persons in control of property which authorize | 13 | | them to
remove vehicles as provided in this Section.
The | 14 | | towing and storage charges, however, shall not exceed the | 15 | | maximum allowed by the Illinois Commerce Commission under | 16 | | Section 18a-200.
| 17 | | 7. No person shall engage in the removal of vehicles | 18 | | from private
property as described in this Section without | 19 | | filing a notice of intent
in each community where he | 20 | | intends to do such removal, and such
notice shall be filed | 21 | | at least 7 days before commencing such towing.
| 22 | | 8. No removal of a vehicle from private property shall | 23 | | be done except
upon express written instructions of the | 24 | | owners or persons in charge of the
private property upon | 25 | | which the vehicle is said to be trespassing.
| 26 | | 9. Vehicle entry for the purpose of removal shall be |
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| 1 | | allowed with
reasonable care on the part of the person or | 2 | | firm towing the vehicle. Such
person or firm shall be | 3 | | liable for any damages occasioned to the vehicle if
such | 4 | | entry is not in accordance with the standards of reasonable | 5 | | care.
| 6 | | 10. When a vehicle has been towed or removed pursuant | 7 | | to this Section,
it must be released to its owner or | 8 | | custodian within one half hour after
requested, if such | 9 | | request is made during business hours. Any vehicle owner
or | 10 | | custodian or agent shall have the right to inspect the | 11 | | vehicle before
accepting its return, and no release or | 12 | | waiver of any kind which would
release the towing service | 13 | | from liability for damages incurred during the
towing and | 14 | | storage may be required from any vehicle owner or other | 15 | | legally
authorized person as a condition of release of the | 16 | | vehicle. A detailed,
signed receipt showing the legal name | 17 | | of the towing service must be given
to the person paying | 18 | | towing or storage charges at the time of payment,
whether | 19 | | requested or not.
| 20 | | This Section shall not apply to law enforcement, | 21 | | firefighting, rescue,
ambulance, or other emergency vehicles | 22 | | which are marked as such or to
property owned by any | 23 | | governmental entity.
| 24 | | When an authorized person improperly causes a motor vehicle | 25 | | to be
removed, such person shall be liable to the owner or | 26 | | lessee of the vehicle
for the cost or removal, transportation |
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| 1 | | and storage, any damages resulting
from the removal, | 2 | | transportation and storage, attorney's fee and court costs.
| 3 | | Any towing or storage charges accrued shall be payable by | 4 | | the use of any
major credit card, in addition to being payable | 5 | | in cash.
| 6 | | 11. Towing companies shall also provide insurance | 7 | | coverage for areas
where vehicles towed under the | 8 | | provisions of this Chapter will be impounded
or otherwise | 9 | | stored, and shall adequately cover loss by fire, theft or
| 10 | | other risks.
| 11 | | Any person who fails to comply with the conditions and | 12 | | restrictions of
this subsection shall be guilty of a Class C | 13 | | misdemeanor and shall be fined
not less than $100 nor more than | 14 | | $500.
| 15 | | (g)(1) When a vehicle is determined to be a hazardous | 16 | | dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | 17 | | Illinois Municipal Code, its
removal and impoundment by a | 18 | | towing service may be authorized by a law
enforcement agency | 19 | | with appropriate jurisdiction.
| 20 | | (2) When a vehicle removal from either public or private | 21 | | property is
authorized by a law enforcement agency, the owner | 22 | | of the vehicle shall be
responsible for all towing and storage | 23 | | charges.
| 24 | | (3) Vehicles removed from public or private property and
| 25 | | stored by a commercial vehicle relocator or any other towing | 26 | | service authorized by a law enforcement agency in
compliance |
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| 1 | | with this Section and Sections 4-201 and 4-202
of this Code, or | 2 | | at the request of the vehicle owner or operator,
shall
be | 3 | | subject to a possessor lien for services
pursuant to the Labor | 4 | | and Storage Lien (Small Amount) Act. The provisions of Section | 5 | | 1 of that Act relating to notice
and implied consent shall be | 6 | | deemed satisfied by compliance with Section
18a-302 and | 7 | | subsection (6) of Section 18a-300. In no event shall such lien
| 8 | | be greater than the rate or rates established in accordance | 9 | | with subsection
(6) of Section 18a-200 of this Code. In no | 10 | | event shall such lien be
increased or altered to reflect any | 11 | | charge for services or materials
rendered in addition to those | 12 | | authorized by this Act. Every such lien
shall be payable by use | 13 | | of any major credit card, in addition to being
payable in cash.
| 14 | | (4) Any personal property belonging to the vehicle owner in | 15 | | a vehicle subject to a lien under this
subsection
(g) shall | 16 | | likewise be subject to that lien, excepting only:
child | 17 | | restraint systems as defined in Section 4 of the Child | 18 | | Passenger Protection Act and other child booster seats; | 19 | | eyeglasses; food; medicine; perishable property; any | 20 | | operator's licenses; any cash, credit
cards, or checks or | 21 | | checkbooks; any wallet, purse, or other property
containing any | 22 | | operator's license or other identifying documents or | 23 | | materials,
cash, credit cards, checks, or checkbooks; and any | 24 | | personal property belonging to a person other than the vehicle | 25 | | owner if that person provides adequate proof that the personal | 26 | | property belongs to that person. The spouse, child, mother, |
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| 1 | | father, brother, or sister of the vehicle owner may claim | 2 | | personal property excepted under this paragraph (4) if the | 3 | | person claiming the personal property provides the commercial | 4 | | vehicle relocator or towing service with the authorization of | 5 | | the vehicle owner. | 6 | | (5) This paragraph (5) applies only in the case of a | 7 | | vehicle that is towed as a result of being involved in an | 8 | | accident. In addition to the personal property excepted under | 9 | | paragraph (4), all other personal property in a vehicle subject | 10 | | to a lien under this subsection (g) is exempt from that lien | 11 | | and may be claimed by the vehicle owner if the vehicle owner | 12 | | provides the commercial vehicle relocator or towing service | 13 | | with proof that the vehicle owner has an insurance policy | 14 | | covering towing and storage fees. The spouse, child, mother, | 15 | | father, brother, or sister of the vehicle owner may claim | 16 | | personal property in a vehicle subject to a lien under this | 17 | | subsection (g) if the person claiming the personal property | 18 | | provides the commercial vehicle relocator or towing service | 19 | | with the authorization of the vehicle owner and proof that the | 20 | | vehicle owner has an insurance policy covering towing and | 21 | | storage fees. The regulation of liens on personal property and | 22 | | exceptions to those liens in the case of vehicles towed as a | 23 | | result of being involved in an accident are
exclusive powers | 24 | | and functions of the State. A home
rule unit may not regulate | 25 | | liens on personal property and exceptions to those liens in the | 26 | | case of vehicles towed as a result of being involved in an |
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| 1 | | accident. This paragraph (5) is a denial and
limitation of home | 2 | | rule powers and functions under
subsection (h) of Section 6 of | 3 | | Article VII of the
Illinois Constitution. | 4 | | (6) No lien under this subsection (g) shall:
exceed $2,000 | 5 | | in its total amount; or
be increased or altered to reflect any | 6 | | charge for services or
materials rendered in addition to those | 7 | | authorized by this Act.
| 8 | | (h) Whenever a peace officer issues a citation to a driver | 9 | | for a violation of subsection (a) of Section 11-506 of this | 10 | | Code, the arresting officer may have the vehicle which the | 11 | | person was operating at the time of the arrest impounded for a | 12 | | period of 5 days after the time of arrest.
An impounding agency | 13 | | shall release a motor vehicle impounded under this subsection | 14 | | (h) to the registered owner of the vehicle under any of the | 15 | | following circumstances: | 16 | | (1) If the vehicle is a stolen vehicle; or | 17 | | (2) If the person ticketed for a violation of | 18 | | subsection (a) of Section 11-506 of this Code was not | 19 | | authorized by the registered owner of the vehicle to | 20 | | operate the vehicle at the time of the violation; or | 21 | | (3) If the registered owner of the vehicle was neither | 22 | | the driver nor a passenger in the vehicle at the time of | 23 | | the violation or was unaware that the driver was using the | 24 | | vehicle to engage in street racing; or | 25 | | (4) If the legal owner or registered owner of the | 26 | | vehicle is a rental car agency; or |
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| 1 | | (5) If, prior to the expiration of the impoundment | 2 | | period specified above, the citation is dismissed or the | 3 | | defendant is found not guilty of the offense.
| 4 | | (i) It is the public policy of this State that in the | 5 | | interest of public safety, the possession of certain fireworks | 6 | | is illegal in the State of Illinois without proper permitting. | 7 | | The owner of record of any vehicle found containing | 8 | | fireworks that were not purchased in a manner legally | 9 | | consistent with the Pyrotechnic Use Act from a pyrotechnic or | 10 | | consumer fireworks distributor or retailer authorized through | 11 | | the Office of the State Fire Marshal may be subject to | 12 | | impoundment by units of local government in conjunction with | 13 | | the local law enforcement agency having jurisdiction. This | 14 | | subsection (i) applies only to 1.3G fireworks, consumer | 15 | | fireworks, flame effects, and special effects fireworks as | 16 | | defined by the Pyrotechnic Use Act and the Office of the State | 17 | | Fire Marshal. Return of vehicles impounded under this | 18 | | subsection (i) is subject to existing or future local | 19 | | ordinances concerning the return of impounded vehicles to their | 20 | | owners. | 21 | | For purposes of this subsection (i), "owner of record" | 22 | | means the record title holder of the vehicle. | 23 | | This subsection (i) does not apply if: | 24 | | (1) the vehicle used in violation was stolen at the | 25 | | time of the violation and the theft was reported to the | 26 | | appropriate law enforcement officials within 24 hours |
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| 1 | | after the theft was discovered or reasonably should have | 2 | | been discovered; | 3 | | (2) the vehicle was in operation as a common carrier | 4 | | and the violation occurred without the knowledge of the | 5 | | person in control of the vehicle; | 6 | | (3) the alleged owner provides adequate proof that the | 7 | | vehicle had been sold to another person prior to the | 8 | | violation; or | 9 | | (4) the owner provides adequate proof that the presence | 10 | | of fireworks was permissible under the Section above. | 11 | | Nothing contained in this subsection (i) concerning | 12 | | fireworks shall be construed as applying to the transportation | 13 | | of any article or thing shipped in conformity with Interstate | 14 | | Commerce Commission regulations, nor as applying to the | 15 | | military or naval forces of the United States. | 16 | | (Source: P.A. 95-310, eff. 1-1-08; 95-562, eff. 7-1-08; 95-621, | 17 | | eff. 6-1-08; 95-876, eff. 8-21-08; 96-1274, eff. 7-26-10; | 18 | | 96-1506, eff. 1-27-11.)
| 19 | | Section 99. Effective date. This Act takes effect January | 20 | | 1, 2012.
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