Bill Text: IL HB0797 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: 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, 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 online service vendor, then the online service vendor, within 10 business days after presentation of the towing invoice and receipt from the vehicle owner or authorized user, shall 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. Provides that if the online service vendor fails to comply, the online service vendor commits an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Makes a corresponding change in the Consumer Fraud and Deceptive Business Practices Act.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2021-04-23 - Rule 19(a) / Re-referred to Rules Committee [HB0797 Detail]

Download: Illinois-2021-HB0797-Engrossed.html

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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.
(a) 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

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construed as prohibiting any unit of local government from
imposing additional or greater notice requirements.
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.
(b) 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, 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
online service vendor, then the online service vendor 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 online
service vendor fails to comply with this subsection, the
online service vendor commits an unlawful practice within the
meaning of the Consumer Fraud and Deceptive Business Practices
Act.

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(Source: P.A. 81-332.)
Section 10. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2Z as follows:
(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
Sec. 2Z. Violations of other Acts. Any person who
knowingly violates the Automotive Repair Act, the Automotive
Collision Repair Act, the Home Repair and Remodeling Act, the
Dance Studio Act, the Physical Fitness Services Act, the
Hearing Instrument Consumer Protection Act, the Illinois Union
Label Act, the Installment Sales Contract Act, the Job
Referral and Job Listing Services Consumer Protection Act, the
Travel Promotion Consumer Protection Act, the Credit Services
Organizations Act, the Automatic Telephone Dialers Act, the
Pay-Per-Call Services Consumer Protection Act, the Telephone
Solicitations Act, the Illinois Funeral or Burial Funds Act,
the Cemetery Oversight Act, the Cemetery Care Act, the Safe
and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales
Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
the Mortgage Rescue Fraud Act, subsection (a) or (b) of
Section 3-10 of the Cigarette Tax Act, subsection (a) or (b) of
Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail
Act, the Internet Caller Identification Act, paragraph (6) of
subsection (k) of Section 6-305 or subsection (b) of Section
18a-302 of the Illinois Vehicle Code, Section 11-1431,

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18d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the
Illinois Vehicle Code, Article 3 of the Residential Real
Property Disclosure Act, the Automatic Contract Renewal Act,
the Reverse Mortgage Act, Section 25 of the Youth Mental
Health Protection Act, the Personal Information Protection
Act, or the Student Online Personal Protection Act commits an
unlawful practice within the meaning of this Act.
(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16;
99-642, eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff.
1-1-18; 100-863, eff. 8-14-18.)