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91_HB4278
LRB9111930DHks
1 AN ACT to amend the Illinois Vehicle Code by adding
2 Section 6-306.8.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 adding Section 6-306.8 as follows:
7 (625 ILCS 5/6-306.8 new)
8 Sec. 6-306.8. Failure to pay costs associated with
9 police tows.
10 (a) Whenever a person fails to pay any costs associated
11 with the towing of a vehicle by the police, pursuant to
12 Section 4-204 of this Code, including, but not limited to,
13 the costs of towing, storage, removal processing, and
14 collection, and the costs associated with the towing of the
15 vehicle, are not satisfied in full through the sale or lawful
16 disposition of the vehicle as authorized in Section 4-204 and
17 the owner of the vehicle has not transferred the vehicle's
18 title to the municipality or county within 10 days of
19 receiving notice of the vehicle's impoundment, the
20 municipality or county, if it elects to pursue the collection
21 of costs not satisfied by the disposition of the vehicle,
22 shall notify the owner, operator, or other person legally
23 entitled to the vehicle at the time it was towed, that the
24 vehicle has been sold and that the amount of the proceeds
25 from the sale or disposition were insufficient to cover the
26 costs associated with the towing, storage, and removal.
27 Notification shall be made within 10 days of the date of the
28 vehicle's sale or other disposition of the vehicle and shall
29 include the amount still owed to the municipality or county.
30 If the person notified fails to pay the costs set forth in
31 the notification within 45 days of the date of the notice,
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1 the municipality or county may forward a certified report to
2 the Secretary of State indicating the person's failure to pay
3 the costs.
4 (b) Following receipt of the certified report of the
5 municipality or county as specified in subsection (a), the
6 Secretary of State shall suspend the driving privileges of
7 the person in accordance with the procedures of this Section.
8 (c) Following receipt of the certified report of the
9 municipality or county as specified in this Section, the
10 Secretary of State shall notify the person whose name appears
11 on the certified report that the person's driver's license
12 will be suspended at the end of a specified period of time
13 unless the Secretary of State is presented with a notice from
14 the municipality or county certifying that the fine or
15 penalty due and owing the municipality or county has been
16 paid or that inclusion of that person's name on the certified
17 report was in error. The Secretary's notice shall state in
18 substance the information contained in the municipality's or
19 county's certified report to the Secretary, and shall be
20 effective as specified by subsection (c) of Section 6-211 of
21 this Code.
22 (d) The report of the appropriate municipal or county
23 official notifying the Secretary of State of unpaid police
24 towing costs pursuant to this Section shall be certified and
25 shall contain the following:
26 (1) The name, last known address, and driver's
27 license number of the person who failed to pay the police
28 towing costs and the registration number of any vehicle
29 known to be registered to the person in this State.
30 (2) The name of the municipality or county making
31 the report pursuant to this Section.
32 (3) A statement that the municipality or county
33 sent a notice of impending driver's license suspension to
34 the person named in the report at the address recorded
-3- LRB9111930DHks
1 with the Secretary of State; the date on which the notice
2 was sent; and the address to which the notice was sent.
3 (e) Any municipality or county making a certified report
4 to the Secretary of State pursuant to this Section shall
5 notify the Secretary of State, in a form prescribed by the
6 Secretary, whenever a person named in the certified report
7 has paid the previously reported costs or whenever the
8 municipality or county determines that the original report
9 was in error. A certified copy of the notification shall
10 also be given upon request and at no additional charge to the
11 person named in the report. Upon receipt of the
12 municipality's or county's notification or presentation of a
13 certified copy of the notification, the Secretary of State
14 shall terminate the suspension.
15 (f) Any municipality or county making a certified report
16 to the Secretary of State pursuant to this Section shall, by
17 ordinance, establish procedures for persons to challenge the
18 accuracy of the certified report. The ordinance shall also
19 state the grounds for the challenge, which may be limited to
20 (i) the person not having been the owner or lessee of the
21 vehicle or vehicles on the date or dates notices were issued;
22 (ii) the person having already paid the costs indicated on
23 the certified report; and (iii) the vehicle having been towed
24 as a result of its having been stolen or otherwise
25 misappropriated.
26 (g) An administrative hearing to contest an impending
27 suspension or a suspension made pursuant to this Section may
28 be had upon filing a written request with the Secretary of
29 State. The filing fee for this hearing shall be $20, to be
30 paid at the time the request is made. A municipality or
31 county that files a certified report with the Secretary of
32 State pursuant to this Section shall reimburse the Secretary
33 for all reasonable costs incurred by the Secretary as a
34 result of the filing of the report, including but not limited
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1 to the costs of providing the notice required pursuant to
2 subsection (b) and the costs incurred by the Secretary in any
3 hearing conducted with respect to the report pursuant to this
4 subsection and any appeal from the hearing.
5 Section 99. Effective date. This Act takes effect on
6 July 1, 2000.