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Public Act 102-0846


 

Public Act 0846 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0846
 
SB3629 EnrolledLRB102 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.

Effective Date: 1/1/2023