Bill Text: IL HB4756 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that any personal property belonging to the vehicle owner in a vehicle subject to a lien under the provisions shall not be subject to that lien. Provides that a commercial relocator that removes a vehicle subject to a lien shall allow the owner access to the vehicle to retrieve any personal property left inside of the vehicle without charge. Removes provisions concerning the types of personal property that could be removed from a vehicle subject to a lien after it has been towed.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4756 Detail]

Download: Illinois-2023-HB4756-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4756 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203
Amends the Illinois Vehicle Code. Provides that any personal property belonging to the vehicle owner in a vehicle subject to a lien under the provisions shall not be subject to that lien. Provides that a commercial relocator that removes a vehicle subject to a lien shall allow the owner access to the vehicle to retrieve any personal property left inside of the vehicle without charge. Removes provisions concerning the types of personal property that could be removed from a vehicle subject to a lien after it has been towed.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Section 4-203 as follows:
(625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
Sec. 4-203. Removal of motor vehicles or other vehicles;
towing or hauling away.
(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.
(b) When a vehicle is abandoned on a highway in an urban
district for 10 hours or more, its removal by a towing service
may be authorized by a law enforcement agency having
jurisdiction.
(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.
(d) When an abandoned, unattended, wrecked, burned, or
partially dismantled vehicle is creating a traffic hazard

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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.
(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
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:
(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
(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

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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.
(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:
(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
(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.
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

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manner or would otherwise, by operating the motor vehicle, be
in violation of this Code.
(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:
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.
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

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such information was reported.
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 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.
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.
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

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consent of the owner or other legally authorized person in
control of that vehicle, must post a notice meeting the
following requirements:
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.
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.
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.
c. The notice must also provide the name and
current telephone number of the towing service towing
or removing the vehicle.
d. The sign structure containing the required

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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 not less than 24 hours prior to the towing or
removing of any vehicle.
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.
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.
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

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which the vehicle is said to be trespassing.
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.
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,
custodian, agent, or lienholder within one-half hour after
requested, if such request is made during business hours.
Any vehicle owner, custodian, agent, or lienholder shall
have the right to inspect the vehicle before 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

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or not.
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.
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 of removal,
transportation and storage, any damages resulting from the
removal, transportation and storage, attorney's fee and
court costs.
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.
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
other risks.
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.
(g)(1) When a vehicle is determined to be a hazardous
dilapidated motor vehicle pursuant to Section 11-40-3.1 of the

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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.
(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.
(3) Vehicles removed from public or private property and
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 Code. 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.

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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
not be subject to that lien. The commercial relocator that
removes a vehicle subject to a lien shall allow the owner
access to the vehicle to retrieve any personal property left
inside of the vehicle without charge. 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, or other
designee 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 a crash.
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

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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 a crash 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 a crash. 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 Code.
(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

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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.
(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.

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