TOWING/SALE NOTICE-VEH OWNER

Amends the Illinois Vehicle Code. Provides that if a vehicle owner has a legal agreement with the owner of private property permitting the vehicle owner to park on the property, the owner or person in charge of the private property shall provide notice of a tow of the vehicle that is personally given to the owner or other legally authorized person in control of the vehicle. Amends the Labor and Storage Lien (Small Amount) Act. Provides that notice of a lien sale shall be personally given to the owner or other legally authorized person in control of the vehicle, in addition to written notice that is provided by certified mail, return receipt requested. Provides that the notice is effective upon the owner or other legally authorized person in control of the vehicle personally receiving notice, rather than upon the mailing of the notice. Makes a corresponding change. Senate Committee Amendment No. 1 Deletes reference to: 770 ILCS 50/1.5 770 ILCS 50/2 from Ch. 82, par. 47b Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that if the owner or other legally authorized person in control of a vehicle has an agreement with the owner or owner's agent of the property from which the vehicle was nonconsensually towed permitting the vehicle to be parked on the property, and the property owner or owner's agent fails to give personal notice of the tow to the owner or other legally authorized person in control of the vehicle, the property owner or owner's agent shall be liable to the owner or other legally authorized person in control of the vehicle for towing charges and storage charges accrued through release of the vehicle which were paid by or on behalf of the owner or other legally authorized person in control of the vehicle to secure the release of the vehicle. Senate Floor Amendment No. 3 Deletes reference to: 625 ILCS 5/4-203 770 ILCS 50/1.5 770 ILCS 50/2 Adds reference to: New Act Replaces everything after the enacting clause. Creates the Tow Notice Act. Provides that if a vehicle owner or other legally authorized person in control of a vehicle is under a written agreement permitting a 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, must provide personal notice to the vehicle owner or other legally authorized person in control of the vehicle prior to requesting that a commercial vehicle relocator remove the vehicle from the property. Requires the property owner or other person in lawful possession or control of the property, or his or her authorized agent, to make all reasonable efforts to provide the vehicle owner or other legally authorized person in control of a vehicle personal notice prior to removal of the vehicle. Requires that personal notice must be provided at least 3 hours prior to the removal of the vehicle. Provides that a vehicle owner or other legally authorized person in control of a vehicle that is aggrieved by a violation of the notice provisions 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. Provides that the Act applies only to vehicles that are operable. Senate Floor Amendment No. 4 Provides that the Tow Notice 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 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.