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| Public Act 100-0311 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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)
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Sec. 4-203. Removal of motor vehicles or other vehicles; | ||||
towing or
hauling away.
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(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.
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(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.
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(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.
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(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.
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(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:
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(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
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(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.
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(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:
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(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
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(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.
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The vehicle may be released sooner if the vehicle is owned | ||
by the person
under arrest and the person under arrest gives | ||
permission to another person to
operate the vehicle and that | ||
other person possesses a valid operator's license
and would | ||
not, as determined by the arresting law enforcement agency, | ||
indicate
a lack of ability to operate a motor vehicle in a safe | ||
manner or would
otherwise, by operating the motor vehicle, be | ||
in violation of this Code.
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(f) Except as provided in Chapter 18a of this Code, the | ||
owner or
lessor of privately owned real property within this | ||
State, or any person
authorized by such owner or lessor, or any | ||
law enforcement agency in the
case of publicly owned real | ||
property may cause any motor vehicle abandoned
or left | ||
unattended upon such property without permission to be removed | ||
by a
towing service without liability for the costs of removal, | ||
transportation
or storage or damage caused by such removal, | ||
transportation or storage.
The towing or removal of any vehicle | ||
from private property without the
consent of the registered | ||
owner or other legally authorized person in
control of the | ||
vehicle is subject to compliance with the following
conditions | ||
and restrictions:
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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.
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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.
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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
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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.
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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.
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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:
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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.
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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.
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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.
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c. The notice must also provide the name and | ||
current telephone
number of the towing service towing | ||
or removing the vehicle.
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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
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not less than 24 hours prior to the towing or removing | ||
of any vehicle.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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other risks.
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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.
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(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.
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(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.
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(3) Vehicles removed from public or private property and
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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.
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(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.
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(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.
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(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.)
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(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.
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(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.)
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Section 99. Effective date. This Act takes effect 90 days | ||
after becoming law.
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