HB0797 102ND GENERAL ASSEMBLY

LRB102 13862 RAM 19213 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0797

Introduced 2/10/2021, by Rep. Deanne M. Mazzochi

SYNOPSIS AS INTRODUCED:

625 ILCS 5/18a-302	from Ch. 95 1/2, par. 18a-302
815 ILCS 505/2Z	from Ch. 121 1/2, par. 262Z

Amends the Illinois Vehicle Code. Provides that, if an owner or other person in lawful possession or control of private property has contracted with a third-party vendor to issue permission to park on the private property through an online service vendor, and a vehicle has been removed from the property associated with the address prior to the time allocated according to the receipt provided to the vehicle owner or authorized user of the vehicle from the online service vendor, then the online service vendor, within 10 business days after presentation of the towing invoice and receipt from the vehicle owner or authorized user, shall remit to the vehicle owner or authorized user of the vehicle all costs charged to the vehicle owner or authorized user of a vehicle for towing costs, invoice fees, and fees for 24 hours of storage, plus $25 for reimbursement to travel to the vehicle location held by the towing company. Provides that if the online service vendor fails to comply, the online service vendor commits an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Makes a corresponding change in the Consumer Fraud and Deceptive Business Practices Act.

A BILL FOR

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 18a-302 as follows:

(625 ILCS 5/18a-302) (from Ch. 95 1/2, par. 18a-302)

Sec. 18a-302. Owner or other person in lawful possession or control of private property - Right to employ relocation service.

(a) It shall be unlawful for an owner or other person in lawful possession or control of private property to remove or employ a commercial relocator to remove an unauthorized vehicle from such property unless written notice is provided to the effect that such vehicles will be removed, including the name, address and telephone number of the appropriate commercial vehicle relocator, if any. Such notice shall consist of a sign, posted in a conspicuous place in the affected area, of a size at least 24 inches in height by 36 inches in width. Such sign shall be at least 4 feet from the ground but less than 8 feet from the ground and shall be either illuminated or painted with reflective paint, or both. Such sign shall state the amount of towing charges to which the person parking may be subject. This provision shall not be construed as prohibiting any unit of local government from imposing additional or greater notice requirements.

No express notice shall be required under this Section upon residential property which, paying due regard to the circumstances and the surrounding area, is clearly reserved or intended exclusively for the use or occupation of residents or their vehicles.

(b) If an owner or other person in lawful possession or control of private property has contracted with a third-party vendor to issue permission to park on the private property through an online service vendor, and a vehicle has been removed from the property associated with the address prior to the time allocated according to the receipt provided to the vehicle owner or authorized user of the vehicle from the online service vendor, then the online service vendor shall, within 10 business days after presentation of the towing invoice and receipt from the vehicle owner or authorized user, remit to the vehicle owner or authorized user of the vehicle all costs charged to the vehicle owner or authorized user of a vehicle for towing costs, invoice fees, and fees for 24 hours of storage, plus $25 for reimbursement to travel to the vehicle location held by the towing company. If the online service vendor fails to comply with this subsection, the online service vendor commits an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act.

(Source: P.A. 81-332.)

Section 10. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows:

(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)

Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Automotive Collision Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Installment Sales Contract Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the Internet Caller Identification Act, paragraph (6) of subsection (k) of Section 6-305 or subsection (b) of Section 18a-302 of the Illinois Vehicle Code, Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois Vehicle Code, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, the Reverse Mortgage Act, Section 25 of the Youth Mental Health Protection Act, the Personal Information Protection Act, or the Student Online Personal Protection Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642, eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; 100-863, eff. 8-14-18.)