Illinois General Assembly - Full Text of HB0797
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Full Text of HB0797  102nd General Assembly




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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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 to employ relocation
10    (a) It shall be unlawful for an owner or other person in
11lawful possession or control of private property to remove or
12employ a commercial relocator to remove an unauthorized
13vehicle from such property unless written notice is provided
14to the effect that such vehicles will be removed, including
15the name, address and telephone number of the appropriate
16commercial vehicle relocator, if any. Such notice shall
17consist of a sign, posted in a conspicuous place in the
18affected area, of a size at least 24 inches in height by 36
19inches in width. Such sign shall be at least 4 feet from the
20ground but less than 8 feet from the ground and shall be either
21illuminated or painted with reflective paint, or both. Such
22sign shall state the amount of towing charges to which the
23person parking may be subject. This provision shall not be



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1construed as prohibiting any unit of local government from
2imposing additional or greater notice requirements.
3    No express notice shall be required under this Section
4upon residential property which, paying due regard to the
5circumstances and the surrounding area, is clearly reserved or
6intended exclusively for the use or occupation of residents or
7their vehicles.
8    (b) If an owner or other person in lawful possession or
9control of private property has contracted with a third-party
10vendor to issue permission to park on the private property
11through an online service vendor, and a vehicle has been
12removed from the property associated with the address prior to
13the time allocated according to the receipt provided to the
14vehicle owner or authorized user of the vehicle from the
15online service vendor, then the online service vendor shall,
16within 10 business days after presentation of the towing
17invoice and receipt from the vehicle owner or authorized user,
18remit to the vehicle owner or authorized user of the vehicle
19all costs charged to the vehicle owner or authorized user of a
20vehicle for towing costs, invoice fees, and fees for 24 hours
21of storage, plus $25 for reimbursement to travel to the
22vehicle location held by the towing company. If the online
23service vendor fails to comply with this subsection, the
24online service vendor commits an unlawful practice within the
25meaning of the Consumer Fraud and Deceptive Business Practices



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1(Source: P.A. 81-332.)
2    Section 10. The Consumer Fraud and Deceptive Business
3Practices Act is amended by changing Section 2Z as follows:
4    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
5    Sec. 2Z. Violations of other Acts. Any person who
6knowingly violates the Automotive Repair Act, the Automotive
7Collision Repair Act, the Home Repair and Remodeling Act, the
8Dance Studio Act, the Physical Fitness Services Act, the
9Hearing Instrument Consumer Protection Act, the Illinois Union
10Label Act, the Installment Sales Contract Act, the Job
11Referral and Job Listing Services Consumer Protection Act, the
12Travel Promotion Consumer Protection Act, the Credit Services
13Organizations Act, the Automatic Telephone Dialers Act, the
14Pay-Per-Call Services Consumer Protection Act, the Telephone
15Solicitations Act, the Illinois Funeral or Burial Funds Act,
16the Cemetery Oversight Act, the Cemetery Care Act, the Safe
17and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales
18Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
19the Mortgage Rescue Fraud Act, subsection (a) or (b) of
20Section 3-10 of the Cigarette Tax Act, subsection (a) or (b) of
21Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail
22Act, the Internet Caller Identification Act, paragraph (6) of
23subsection (k) of Section 6-305 or subsection (b) of Section
2418a-302 of the Illinois Vehicle Code, Section 11-1431,



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118d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the
2Illinois Vehicle Code, Article 3 of the Residential Real
3Property Disclosure Act, the Automatic Contract Renewal Act,
4the Reverse Mortgage Act, Section 25 of the Youth Mental
5Health Protection Act, the Personal Information Protection
6Act, or the Student Online Personal Protection Act commits an
7unlawful practice within the meaning of this Act.
8(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16;
999-642, eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff.
101-1-18; 100-863, eff. 8-14-18.)