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.