Illinois General Assembly Passes Bill Concerning Administrative Towing

Author: David McArdle

June 23, 2016

As of late, municipal impoundment ordinances have been an issue of increasing debate. Last month, we reported on a recent case out of the Third District dealing with administrative impoundment fees. Now, the Illinois Legislature has decided to express an opinion on the issue.

On May 31, 2016, both the Illinois House and Senate passed Senate Bill 2261. Specifically, this bill, if approved by the Governor, would create the Statewide Relocation Towing Licensure Commission. By July 1, 2017, the Commission will submit a report to the Governor and the General Assembly which shall include:

  • an evaluation of the current towing laws in this State;
  • a recommendation for an appropriate towing program for this State;
  • a review of all potential litigation costs for an owner of an impounded vehicle, a towing company, and a county or municipality;
  • any other matters the Commission deems necessary.

Of particular importance to municipalities is an additional change to 625 ILCS 5/11-208.7. Specifically, this bill adds a provision stating “if the administrative hearing officer finds that a county or municipality that impounds a vehicle exceeded its authority under this code, the county or municipality shall be liable to the registered owner or lessee of the vehicle for the cost of storage fees and reasonable attorney’s fees.”

As this bill still awaits Governor approval, we will continue to monitor its status as it moves through the legislative process.

David W. McArdle

David W. McArdle