SB3629 EngrossedLRB102 23455 RAM 32629 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Tow
5Notice Act.
 
6    Section 5. Private parking agreements; removal of vehicles
7at property owner's request.
8    (a) As used in this Section, "personal notice" means the
9owner or other person in lawful possession or control of real
10property, or his or her authorized agent, making all
11reasonable efforts to provide a vehicle owner or other legally
12authorized person in control of the vehicle notice prior to
13removal of the vehicle. "Personal notice" includes, at a
14minimum, the following:
15        (1) a telephone call or text message or email sent to
16    the vehicle owner or other legally authorized person in
17    control of the vehicle at the vehicle owner's most
18    recently available contact information or contact
19    information included in the written agreement; and
20        (2) a response from the vehicle owner or other legally
21    authorized person in control of the vehicle indicating
22    receipt of the notice or other proof of receipt indicating
23    that the vehicle owner or other legally authorized person

 

 

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1    in control of the vehicle received the notice.
2    (b) If a vehicle owner or other legally authorized person
3in control of the vehicle has a written agreement with a
4property owner or other person in lawful possession or control
5of the property, or his or her authorized agent, permitting
6the vehicle to be parked on the property, the property owner or
7other person in lawful possession or control of the property,
8or his or her authorized agent, prior to requesting that a
9commercial vehicle relocator remove the vehicle from the
10property, shall give personal notice to the owner or other
11legally authorized person in control of the vehicle that the
12vehicle is subject to being towed. Personal notice must be
13provided at least 3 hours prior to the removal of the vehicle.
14This Section applies to a relocation performed pursuant to a
15specific request to remove the vehicle from a property owner
16or other person in lawful possession or control of the
17property, or his or her authorized agent.
18    (c) A vehicle owner or other legally authorized person in
19control of the vehicle who is aggrieved by a violation of this
20Section may commence a civil action in the appropriate circuit
21court not later than 2 years after the date of the vehicle
22relocation and may recover from the property owner or other
23person in possession or control of the property, or his or her
24authorized agent, damages resulting from the violation,
25including, but not limited to: towing charges and storage
26charges accrued in connection with the relocated vehicle; loss

 

 

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1of the vehicle; and costs and attorney's fees.
2    (d) This Act applies only to vehicles that are operable.
3    (e) This Act does not create liability for an owner or
4other person in lawful possession or control of real property,
5or his or her authorized agent, who moves a vehicle covered
6under this Act as required to respond to an emergency or for
7maintenance of the property, if the vehicle is returned to the
8property upon resolution of the emergency or completion of the
9maintenance project at the expense of the owner or other
10person in lawful possession or control of real property, or
11his or her authorized agent.