SB2143 104TH GENERAL ASSEMBLY

LRB104 06267 LNS 16302 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2143

Introduced 2/7/2025, by Sen. Bill Cunningham

SYNOPSIS AS INTRODUCED:

625 ILCS 5/18d-123 new

Amends the Illinois Vehicle Code. Requires a commercial vehicle safety relocator to give at least one-hour notice to the owner of a vehicle located on private property prior to towing the vehicle. Prohibits a property owner, property manager, or government-owned property manager from enforcing a registration sticker violation for any vehicle located on the property and having the vehicle towed based on the registration sticker violation. Prohibits a property owner or property manager from having a vehicle towed or threatening to have a vehicle towed off the property if the owner of the vehicle is in the process of being evicted from the property. Provides that if a vehicle is a hazard to the community and requires immediate removal, then local law enforcement may impound the vehicle from the private property with the consent of the property owner. Requires, within 72 hours of a vehicle being towed, a commercial vehicle safety relocator to provide the vehicle owner with a statement that provides clear evidence of the violation for which the vehicle was towed. Requires every vehicle used by a commercial vehicle safety relocator to be owned or leased directly by the commercial vehicle safety relocator, and every such vehicle must display the same signage displayed at the property of the commercial vehicle safety relocator's impound lot. Requires every commercial vehicle safety relocator to display a copy of the amendatory Act at all of its impound lots. Requires a commercial vehicle safety relocator to update its contracts with property owners every 12 months. Provides that a commercial vehicle safety relocator that violates the provisions shall be fined $500 for each violation. Applies the provisions only to towing vehicles located on private property.

A BILL FOR

AN ACT concerning transportation.

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

Section 5. The Illinois Vehicle Code is amended by adding Section 18d-123 as follows:

(625 ILCS 5/18d-123 new)

Sec. 18d-123. Private property towing.

(a) Before towing a vehicle located on private property, a commercial vehicle safety relocator shall give notice to the owner of the vehicle by placing a notice in a conspicuous location on the car, but not in a location that may obstruct the driver's view. The notice shall include a time-stamp and GPS location to confirm the location of the vehicle. The commercial vehicle safety relocator shall then wait at least one hour before towing the vehicle.

(b) In no event shall a property owner, property manager, or government-owned property manager enforce a registration sticker violation, including expiration of the registration sticker or failure to display the registration sticker, for any vehicle located on the property and have the vehicle towed based on the registration sticker violation.

(c) No property owner or property manager shall have a vehicle towed or threaten to have a vehicle towed off the property if the owner of the vehicle is in the process of being evicted from the property.

(d) If a vehicle is a hazard to the community and requires immediate removal, then local law enforcement may impound the vehicle from the private property with the consent of the property owner. The property owner shall not allow any other entity to tow the vehicle under this subsection.

(e) Within 72 hours of a vehicle being towed, a commercial vehicle safety relocator shall provide the vehicle owner with a statement that provides clear evidence of the violation for which the vehicle was towed. This statement may include, but is not limited to, a time-stamped photograph and GPS location of the vehicle during the violation.

(f) Every vehicle used by a commercial vehicle safety relocator must be owned or leased directly by the commercial vehicle safety relocator. Every vehicle used by a commercial vehicle safety relocator must display the same signage displayed at the property of the commercial vehicle safety relocator's impound lot.

(g) Every commercial vehicle safety relocator shall display a copy of this amendatory Act of the 104th General Assembly at all of its impound lots. The display shall be in a conspicuous location and in 2-inch letters. The display shall clearly state that a brochure containing the full details of this amendatory Act of the 104th General Assembly is available upon request to the commercial vehicle safety relocator at no additional cost to the vehicle owner.

(h) A commercial vehicle safety relocator shall update its contracts with property owners every 12 months. The contracts shall include a clause stating that the contract does not automatically renew and the contract will expire in 12 months, requiring a new contract to be signed.

(i) Any commercial vehicle safety relocator that violates this Section shall be subject to a $500 fine for each violation and a hearing before the Commission. The Commission, in its discretion, may impose additional penalties on the commercial vehicle safety relocator, including, suspension or revocation of the commercial vehicle safety relocator's license or other disciplinary action.

(j) This Section applies only to towing vehicles located on private property.