HB4145 101ST GENERAL ASSEMBLY

LRB101 13165 TAE 62003 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4145

Introduced 1/22/2020, by Rep. Deanne M. Mazzochi

SYNOPSIS AS INTRODUCED:

625 ILCS 5/18a-302

from Ch. 95 1/2, par. 18a-302

Amends the Illinois Vehicle Code. Provides that, if an owner or other person in lawful possession or control of private property has contracted with a third party vendor to issue permission to park on the private property through an online service vendor (Third Party Online Parking Service), and a vehicle has been removed from the property associated with the address prior to the time allocated according to the receipt provided to the vehicle owner or authorized user of the vehicle from the Third Party Online Parking Service, then the Third Party Online Parking Service shall, within 10 business days after presentation of the towing invoice and receipt from the vehicle owner or authorized user, remit to the vehicle owner or authorized user of the vehicle all costs charged to the vehicle owner or authorized user of a vehicle for towing costs, invoice fees, and 24 hours of storage, plus $25 for reimbursement to travel to the vehicle location held by the towing company. Provides that, if the Third Party Online Parking Service fails to comply, the Third Party Online Parking Service commits an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act.

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 changing Section 18a-302 as follows:

(625 ILCS 5/18a-302) (from Ch. 95 1/2, par. 18a-302)

Sec. 18a-302. Owner or other person in lawful possession or control of private property - Right to employ relocation service. It shall be unlawful for an owner or other person in lawful possession or control of private property to remove or employ a commercial relocator to remove an unauthorized vehicle from such property unless written notice is provided to the effect that such vehicles will be removed, including the name, address and telephone number of the appropriate commercial vehicle relocator, if any. Such notice shall consist of a sign, posted in a conspicuous place in the affected area, of a size at least 24 inches in height by 36 inches in width. Such sign shall be at least 4 feet from the ground but less than 8 feet from the ground and shall be either illuminated or painted with reflective paint, or both. Such sign shall state the amount of towing charges to which the person parking may be subject. This provision shall not be construed as prohibiting any unit of local government from imposing additional or greater notice requirements. If an owner or other person in lawful possession or control of private property has contracted with a third party vendor to issue permission to park on the private property through an online service vendor (Third Party Online Parking Service), and a vehicle has been removed from the property associated with the address prior to the time allocated according to the receipt provided to the vehicle owner or authorized user of the vehicle from the Third Party Online Parking Service, then the Third Party Online Parking Service shall, within 10 business days after presentation of the towing invoice and receipt from the vehicle owner or authorized user, remit to the vehicle owner or authorized user of the vehicle all costs charged to the vehicle owner or authorized user of a vehicle for towing costs, invoice fees, and fees for 24 hours of storage, plus $25 for reimbursement to travel to the vehicle location held by the towing company. If the Third Party Online Parking Service fails to comply, the Third Party Online Parking Service commits an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act.

No express notice shall be required under this Section upon residential property which, paying due regard to the circumstances and the surrounding area, is clearly reserved or intended exclusively for the use or occupation of residents or their vehicles.

(Source: P.A. 81-332.)