Rep. Curtis J. Tarver, II

Filed: 4/2/2024

 

 


 

 


 
10300HB4722ham001LRB103 36529 RTM 71690 a

1
AMENDMENT TO HOUSE BILL 4722

2    AMENDMENT NO. ______. Amend House Bill 4722 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 18a-302 as follows:
 
6    (625 ILCS 5/18a-302)  (from Ch. 95 1/2, par. 18a-302)
7    Sec. 18a-302. Owner or other person in lawful possession
8or control of private property; right property - Right to
9employ relocation service.
10    (a) This subsection applies to units of local government
11other than a unit described in subsection (b).
12    It shall be unlawful for an owner or other person in lawful
13possession or control of private property to remove or employ
14a commercial relocator to remove an unauthorized vehicle from
15such property unless written notice is provided to the effect
16that such vehicles will be removed, including the name,

 

 

10300HB4722ham001- 2 -LRB103 36529 RTM 71690 a

1address and telephone number of the appropriate commercial
2vehicle relocator, if any. Such notice shall consist of a
3sign, posted in a conspicuous place in the affected area, of a
4size at least 24 inches in height by 36 inches in width. Such
5sign shall be at least 4 feet from the ground but less than 8
6feet from the ground and shall be either illuminated or
7painted with reflective paint, or both. Such sign shall state
8the amount of towing charges to which the person parking may be
9subject. This provision shall not be construed as prohibiting
10any unit of local government from imposing additional or
11greater notice requirements.
12     No express notice shall be required under this subsection
13Section upon residential property which, paying due regard to
14the circumstances and the surrounding area, is clearly
15reserved or intended exclusively for the use or occupation of
16residents or their vehicles.
17    (b) This subsection only applies to municipalities with a
18population over 2,000,000.
19    It shall be unlawful for an owner or other person in lawful
20possession or control of private property to remove or employ
21a commercial relocator to remove an unauthorized vehicle from
22such property unless written notice is provided to the effect
23that such vehicles will be removed, including the name,
24address and telephone number of the appropriate commercial
25vehicle relocator, if any. Such notice shall consist of a
26sign, posted in a conspicuous place in the affected area, of a

 

 

10300HB4722ham001- 3 -LRB103 36529 RTM 71690 a

1size at least 24 inches in height by 36 inches in width. Such
2sign shall be at least 4 feet from the ground but less than 8
3feet from the ground and shall be either illuminated or
4painted with reflective paint, or both. Such sign shall state
5the amount of towing charges to which the person parking may be
6subject.
7    Express notice shall be required under this subsection to
8remove a vehicle blocking an area that is clearly reserved or
9intended as an ingress or egress point for a residential
10property, including, but not limited to, a driveway.
11    An owner or other person in lawful possession or control
12of private property must use a private vendor approved by the
13municipality in which the property is located to remove an
14unauthorized vehicle from the property.
15    A home rule unit may not regulate the removal of an
16unauthorized vehicle by an owner or other person in lawful
17possession or control of private property in a manner
18inconsistent with this subsection. This subsection is a
19limitation under subsection (i) of Section 6 of Article VII of
20the Illinois Constitution on the concurrent exercise by home
21rule units of powers and functions exercised by the State.
22(Source: P.A. 81-332.)".