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| | HB0797 Engrossed | | LRB102 13862 RAM 19213 b |
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| 1 | | AN ACT concerning transportation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Vehicle Code is amended by |
| 5 | | changing Section 18a-302 as follows:
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| 6 | | (625 ILCS 5/18a-302) (from Ch. 95 1/2, par. 18a-302)
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| 7 | | Sec. 18a-302. Owner or other person in lawful possession |
| 8 | | or control
of private property - Right to employ relocation |
| 9 | | service. |
| 10 | | (a) It shall be
unlawful for an owner or other person in |
| 11 | | lawful possession or control of
private property to remove or |
| 12 | | employ a commercial relocator to remove an
unauthorized |
| 13 | | vehicle from such property unless written notice is
provided |
| 14 | | to the effect that such vehicles will be removed, including |
| 15 | | the
name, address and telephone number of the appropriate |
| 16 | | commercial vehicle
relocator, if any. Such notice shall |
| 17 | | consist of a sign, posted in a conspicuous
place in the |
| 18 | | affected area, of a size at least 24 inches in height by 36
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| 19 | | inches in width. Such sign shall be at least 4 feet from the |
| 20 | | ground but
less than 8 feet from the ground and shall be either |
| 21 | | illuminated or painted
with reflective paint, or both. Such |
| 22 | | sign shall state the amount of towing
charges to which the |
| 23 | | person parking may be subject.
This provision shall not be |
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| 1 | | construed as prohibiting any unit
of local government from |
| 2 | | imposing additional or greater notice
requirements.
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| 3 | | No express notice shall be required under this Section |
| 4 | | upon
residential property which, paying due regard to the |
| 5 | | circumstances and
the surrounding area, is clearly reserved or |
| 6 | | intended exclusively for
the use or occupation of residents or |
| 7 | | their vehicles.
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| 8 | | (b) If an owner or other person in lawful possession or |
| 9 | | control of private property has contracted with a third-party |
| 10 | | vendor to issue permission to park on the private property |
| 11 | | through an online service vendor, and a vehicle has been |
| 12 | | removed from the property associated with the address prior to |
| 13 | | the time allocated according to the receipt provided to the |
| 14 | | vehicle owner or authorized user of the vehicle from the |
| 15 | | online service vendor, then the online service vendor shall, |
| 16 | | within 10 business days after presentation of the towing |
| 17 | | invoice and receipt from the vehicle owner or authorized user, |
| 18 | | remit to the vehicle owner or authorized user of the vehicle |
| 19 | | all costs charged to the vehicle owner or authorized user of a |
| 20 | | vehicle for towing costs, invoice fees, and fees for 24 hours |
| 21 | | of storage, plus $25 for reimbursement to travel to the |
| 22 | | vehicle location held by the towing company. If the online |
| 23 | | service vendor fails to comply with this subsection, the |
| 24 | | online service vendor commits an unlawful practice within the |
| 25 | | meaning of the Consumer Fraud and Deceptive Business Practices |
| 26 | | Act. |
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| 1 | | (Source: P.A. 81-332.)
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| 2 | | Section 10. The Consumer Fraud and Deceptive Business |
| 3 | | Practices Act is amended by changing Section 2Z as follows:
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| 4 | | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
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| 5 | | Sec. 2Z. Violations of other Acts. Any person who |
| 6 | | knowingly violates
the Automotive Repair Act, the Automotive |
| 7 | | Collision Repair Act,
the Home Repair and Remodeling Act,
the |
| 8 | | Dance Studio Act,
the Physical Fitness Services Act,
the |
| 9 | | Hearing Instrument Consumer Protection Act,
the Illinois Union |
| 10 | | Label Act, the Installment Sales Contract Act,
the Job |
| 11 | | Referral and Job Listing Services Consumer Protection Act,
the |
| 12 | | Travel Promotion Consumer Protection Act,
the Credit Services |
| 13 | | Organizations Act,
the Automatic Telephone Dialers Act,
the |
| 14 | | Pay-Per-Call Services Consumer Protection Act,
the Telephone |
| 15 | | Solicitations Act,
the Illinois Funeral or Burial Funds Act,
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| 16 | | the Cemetery Oversight Act, the Cemetery Care Act,
the Safe |
| 17 | | and Hygienic Bed Act,
the Illinois Pre-Need Cemetery Sales |
| 18 | | Act,
the High Risk Home Loan Act, the Payday Loan Reform Act, |
| 19 | | the Mortgage Rescue Fraud Act, subsection (a) or (b) of |
| 20 | | Section 3-10 of the
Cigarette Tax Act, subsection
(a) or (b) of |
| 21 | | Section 3-10 of the Cigarette Use Tax Act, the Electronic
Mail |
| 22 | | Act, the Internet Caller Identification Act, paragraph (6)
of
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| 23 | | subsection (k) of Section 6-305 or subsection (b) of Section |
| 24 | | 18a-302 of the Illinois Vehicle Code, Section 11-1431, |
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| 1 | | 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the |
| 2 | | Illinois Vehicle Code, Article 3 of the Residential Real |
| 3 | | Property Disclosure Act, the Automatic Contract Renewal Act, |
| 4 | | the Reverse Mortgage Act, Section 25 of the Youth Mental |
| 5 | | Health Protection Act, the Personal Information Protection |
| 6 | | Act, or the Student Online Personal Protection Act commits an |
| 7 | | unlawful practice within the meaning of this Act.
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| 8 | | (Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; |
| 9 | | 99-642, eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. |
| 10 | | 1-1-18; 100-863, eff. 8-14-18.)
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