Sen. Laura M. Murphy

Filed: 2/23/2022

 

 


 

 


 
10200SB3629sam003LRB102 23455 HEP 36905 a

1
AMENDMENT TO SENATE BILL 3629

2    AMENDMENT NO. ______. Amend Senate Bill 3629 by replacing
3everything after the enacting clause with the following:
 
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

 

 

10200SB3629sam003- 2 -LRB102 23455 HEP 36905 a

1    control of the vehicle at the vehicle owner's most
2    recently available contact information or contact
3    information included in the written agreement; and
4        (2) a response from the vehicle owner or other legally
5    authorized person in control of the vehicle indicating
6    receipt of the notice or other proof of receipt indicating
7    that the vehicle owner or other legally authorized person
8    in control of the vehicle received the notice.
9    (b) If a vehicle owner or other legally authorized person
10in control of the vehicle has a written agreement with a
11property owner or other person in lawful possession or control
12of the property, or his or her authorized agent, permitting
13the vehicle to be parked on the property, the property owner or
14other person in lawful possession or control of the property,
15or his or her authorized agent, prior to requesting that a
16commercial vehicle relocator remove the vehicle from the
17property, shall give personal notice to the owner or other
18legally authorized person in control of the vehicle that the
19vehicle is subject to being towed. Personal notice must be
20provided at least 3 hours prior to the removal of the vehicle.
21This Section applies to a relocation performed pursuant to a
22specific request to remove the vehicle from a property owner
23or other person in lawful possession or control of the
24property, or his or her authorized agent.
25    (c) A vehicle owner or other legally authorized person in
26control of the vehicle who is aggrieved by a violation of this

 

 

10200SB3629sam003- 3 -LRB102 23455 HEP 36905 a

1Section may commence a civil action in the appropriate circuit
2court not later than 2 years after the date of the vehicle
3relocation and may recover from the property owner or other
4person in possession or control of the property, or his or her
5authorized agent, damages resulting from the violation,
6including, but not limited to: towing charges and storage
7charges accrued in connection with the relocated vehicle; loss
8of the vehicle; and costs and attorney's fees.
9    (d) This Act applies only to vehicles that are operable.".