SB3629eng 102ND GENERAL ASSEMBLY

SB3629 Engrossed LRB102 23455 RAM 32629 b

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Tow Notice Act.

Section 5. Private parking agreements; removal of vehicles at property owner's request.

(a) As used in this Section, "personal notice" means the owner or other person in lawful possession or control of real property, or his or her authorized agent, making all reasonable efforts to provide a vehicle owner or other legally authorized person in control of the vehicle notice prior to removal of the vehicle. "Personal notice" includes, at a minimum, the following:

(1) a telephone call or text message or email sent to the vehicle owner or other legally authorized person in control of the vehicle at the vehicle owner's most recently available contact information or contact information included in the written agreement; and

(2) a response from the vehicle owner or other legally authorized person in control of the vehicle indicating receipt of the notice or other proof of receipt indicating that the vehicle owner or other legally authorized person in control of the vehicle received the notice.

(b) If a vehicle owner or other legally authorized person in control of the vehicle has a written agreement with a property owner or other person in lawful possession or control of the property, or his or her authorized agent, permitting the vehicle to be parked on the property, the property owner or other person in lawful possession or control of the property, or his or her authorized agent, prior to requesting that a commercial vehicle relocator remove the vehicle from the property, shall give personal notice to the owner or other legally authorized person in control of the vehicle that the vehicle is subject to being towed. Personal notice must be provided at least 3 hours prior to the removal of the vehicle. This Section applies to a relocation performed pursuant to a specific request to remove the vehicle from a property owner or other person in lawful possession or control of the property, or his or her authorized agent.

(c) A vehicle owner or other legally authorized person in control of the vehicle who is aggrieved by a violation of this Section may commence a civil action in the appropriate circuit court not later than 2 years after the date of the vehicle relocation and may recover from the property owner or other person in possession or control of the property, or his or her authorized agent, damages resulting from the violation, including, but not limited to: towing charges and storage charges accrued in connection with the relocated vehicle; loss of the vehicle; and costs and attorney's fees.

(d) This Act applies only to vehicles that are operable.

(e) This Act does not create liability for an owner or other person in lawful possession or control of real property, or his or her authorized agent, who moves a vehicle covered under this Act as required to respond to an emergency or for maintenance of the property, if the vehicle is returned to the property upon resolution of the emergency or completion of the maintenance project at the expense of the owner or other person in lawful possession or control of real property, or his or her authorized agent.