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Rep. Curtis J. Tarver, II
Filed: 4/2/2024
| | 10300HB4722ham001 | | LRB103 36529 RTM 71690 a |
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1 | | AMENDMENT TO HOUSE BILL 4722
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2 | | AMENDMENT NO. ______. Amend House Bill 4722 by replacing |
3 | | everything after the enacting clause with the following: |
4 | | "Section 5. The Illinois Vehicle Code is amended by |
5 | | changing 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 |
8 | | or control of private property; right property - Right to |
9 | | employ relocation service. |
10 | | (a) This subsection applies to units of local government |
11 | | other than a unit described in subsection (b). |
12 | | It shall be unlawful for an owner or other person in lawful |
13 | | possession or control of private property to remove or employ |
14 | | a commercial relocator to remove an unauthorized vehicle from |
15 | | such property unless written notice is provided to the effect |
16 | | that such vehicles will be removed, including the name, |
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1 | | address and telephone number of the appropriate commercial |
2 | | vehicle relocator, if any. Such notice shall consist of a |
3 | | sign, posted in a conspicuous place in the affected area, of a |
4 | | size at least 24 inches in height by 36 inches in width. Such |
5 | | sign shall be at least 4 feet from the ground but less than 8 |
6 | | feet from the ground and shall be either illuminated or |
7 | | painted with reflective paint, or both. Such sign shall state |
8 | | the amount of towing charges to which the person parking may be |
9 | | subject. This provision shall not be construed as prohibiting |
10 | | any unit of local government from imposing additional or |
11 | | greater notice requirements. |
12 | | No express notice shall be required under this subsection |
13 | | Section upon residential property which, paying due regard to |
14 | | the circumstances and the surrounding area, is clearly |
15 | | reserved or intended exclusively for the use or occupation of |
16 | | residents or their vehicles. |
17 | | (b) This subsection only applies to municipalities with a |
18 | | population over 2,000,000. |
19 | | It shall be unlawful for an owner or other person in lawful |
20 | | possession or control of private property to remove or employ |
21 | | a commercial relocator to remove an unauthorized vehicle from |
22 | | such property unless written notice is provided to the effect |
23 | | that such vehicles will be removed, including the name, |
24 | | address and telephone number of the appropriate commercial |
25 | | vehicle relocator, if any. Such notice shall consist of a |
26 | | sign, posted in a conspicuous place in the affected area, of a |
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1 | | size at least 24 inches in height by 36 inches in width. Such |
2 | | sign shall be at least 4 feet from the ground but less than 8 |
3 | | feet from the ground and shall be either illuminated or |
4 | | painted with reflective paint, or both. Such sign shall state |
5 | | the amount of towing charges to which the person parking may be |
6 | | subject. |
7 | | Express notice shall be required under this subsection to |
8 | | remove a vehicle blocking an area that is clearly reserved or |
9 | | intended as an ingress or egress point for a residential |
10 | | property, including, but not limited to, a driveway. |
11 | | An owner or other person in lawful possession or control |
12 | | of private property must use a private vendor approved by the |
13 | | municipality in which the property is located to remove an |
14 | | unauthorized vehicle from the property. |
15 | | A home rule unit may not regulate the removal of an |
16 | | unauthorized vehicle by an owner or other person in lawful |
17 | | possession or control of private property in a manner |
18 | | inconsistent with this subsection. This subsection is a |
19 | | limitation under subsection (i) of Section 6 of Article VII of |
20 | | the Illinois Constitution on the concurrent exercise by home |
21 | | rule units of powers and functions exercised by the State. |
22 | | (Source: P.A. 81-332.)". |