Full Text of SB1394 97th General Assembly
SB1394sam003 97TH GENERAL ASSEMBLY | Sen. Mike Jacobs Filed: 4/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 1394
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1394, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Self-Service Storage Facility Act is | 6 | | amended by changing Sections 2 and 4 and by adding Sections 7.5 | 7 | | and 7.10 as follows:
| 8 | | (770 ILCS 95/2) (from Ch. 114, par. 802)
| 9 | | Sec. 2. Definitions. As used in this Act, unless the | 10 | | context clearly
requires otherwise:
| 11 | | (A) "Self-service storage facility" means any real | 12 | | property designed and
used for the purpose of renting or | 13 | | leasing individual storage space to occupants
who are to have | 14 | | access to such for the purpose of storing and removing personal
| 15 | | property. A self-service storage facility is not a warehouse | 16 | | for purposes
of Article 7 of the Uniform Commercial Code.
If an |
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| 1 | | owner issues any warehouse receipt, bill of lading, or other | 2 | | document
of title for the personal property stored,
the | 3 | | provisions of this Act do not apply.
| 4 | | (B) "Owner" means the owner, operator, lessor, or sublessor | 5 | | of a self-service
storage facility, his agent, or any other | 6 | | person authorized by him to manage
the facility, or to receive | 7 | | rent from an occupant under a rental agreement.
| 8 | | (C) "Occupant" means a person, his sublessee, successor, or | 9 | | assign, entitled
to the use of the storage space at a | 10 | | self-service storage facility under
a rental agreement, to the | 11 | | exclusion of others.
| 12 | | (D) "Rental agreement" means any agreement or lease, | 13 | | written or oral,
that establishes or modifies the terms, | 14 | | conditions, rules or any other provisions
concerning the use | 15 | | and occupancy of a self-service storage facility.
| 16 | | (E) "Personal property" means movable property not affixed | 17 | | to land, and
includes, but is not limited to goods, | 18 | | merchandise, motor vehicles, watercraft, and household items.
| 19 | | (F) "Last known address" means that address provided by the | 20 | | occupant in
the latest rental agreement, or the address | 21 | | provided by the occupant in
a subsequent written notice of a | 22 | | change of address.
| 23 | | (G) "Late fee" means a charge assessed for an occupant's | 24 | | failure to pay rent when due. "Late fee" does not include | 25 | | interest on a debt, reasonable expenses incurred in the | 26 | | collection of unpaid rent, or costs associated with the |
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| 1 | | enforcement of any other remedy provided by statute or | 2 | | contract. | 3 | | (Source: P.A. 83-800.)
| 4 | | (770 ILCS 95/4) (from Ch. 114, par. 804)
| 5 | | Sec. 4. Enforcement of lien. An owner's lien as provided | 6 | | for in Section
3 of this Act for a claim which has become due | 7 | | may be satisfied as follows:
| 8 | | (A) The occupant shall be notified;
| 9 | | (B) The notice shall be delivered : | 10 | | (1) in person ; or | 11 | | (2) sent by certified mail
or by first-class mail with | 12 | | a certificate of mailing to the last known address of the | 13 | | occupant;
| 14 | | (C) The notice shall include:
| 15 | | (1) An itemized statement of the owner's claim showing | 16 | | the sum due at
the time of the notice and the date when the | 17 | | sum became due;
| 18 | | (2) The name of the facility, address, telephone | 19 | | number, date, time, location, and manner of the lien sale, | 20 | | and the occupant's name and unit number; A brief and | 21 | | general description of the personal property subject to
the | 22 | | lien. The description shall be reasonably adequate to | 23 | | permit the person
notified to identify it, except that any | 24 | | container including, but not limited
to, a trunk, valise, | 25 | | or box that is locked, fastened, sealed, or tied in
a |
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| 1 | | manner which deters immediate access to its contents may be | 2 | | described
as such without describing its contents;
| 3 | | (3) A notice of denial of access to the personal property, | 4 | | if such denial
is permitted under the terms of the rental | 5 | | agreement, which provides the
name, street address, and | 6 | | telephone number of the owner, or his designated
agent, whom | 7 | | the occupant may contact to respond to this notice ; | 8 | | (3.5) Except as otherwise provided by a rental agreement | 9 | | and until a lien sale, the exclusive care, custody, and control | 10 | | of all personal property stored in the leased self-service | 11 | | storage space remains vested in the occupant. No bailment or | 12 | | higher level of liability is created if the owner over-locks | 13 | | the occupant's lock, thereby denying the occupant access to the | 14 | | storage space. Rent and other charges related to the lien | 15 | | continue to accrue during the period of time when access is | 16 | | denied because of non-payment ;
| 17 | | (4) A demand for payment within a specified time not less | 18 | | than 14 days
after delivery of the notice;
| 19 | | (5) A conspicuous statement that unless the claim is paid | 20 | | within the time
stated in the notice, the personal property | 21 | | will be advertised for sale
or other disposition, and will be | 22 | | sold or otherwise disposed of at a specified
time and place.
| 23 | | (D) Any notice made pursuant to this Section shall be | 24 | | presumed delivered
when it is deposited with the United States | 25 | | Postal Service, and properly
addressed with postage prepaid;
| 26 | | (E) After the expiration of the time given in the notice, |
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| 1 | | an advertisement
of the sale or other disposition shall be | 2 | | published once a week for two
consecutive weeks in a newspaper | 3 | | of general circulation where the self-service
storage facility | 4 | | is located. The advertisement shall include:
| 5 | | (1) The name of the facility, address, telephone number, | 6 | | date, time, location, and manner of lien sale and the | 7 | | occupant's name and unit number. A brief and general | 8 | | description of the personal property reasonably
adequate to | 9 | | permit its identification as provided for in division (C)(2)
of | 10 | | this Section;
| 11 | | (2) (Blank). The address of the self-service storage | 12 | | facility and the number, if
any, of the space where the | 13 | | personal property is located and the name of the occupant;
| 14 | | (3) The time, place, and manner of the sale or other | 15 | | disposition. The
sale or other disposition shall take place not | 16 | | sooner than 15 days after
the first publication. If there is no | 17 | | newspaper of general circulation
where the self-service | 18 | | storage facility is located, the advertisement shall
be posted | 19 | | at least 10 days before the date of the sale or other | 20 | | disposition
in not less than 6 conspicuous places in the | 21 | | neighborhood where the self-service
storage facility is | 22 | | located.
| 23 | | (F) Any sale or other disposition of the personal property | 24 | | shall conform
to the terms of the notification as provided for | 25 | | in this Section;
| 26 | | (G) Any sale or other disposition of the personal property |
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| 1 | | shall be held
at the self-service storage facility, or at the | 2 | | nearest suitable place to
where the personal property is held | 3 | | or stored;
| 4 | | (G-5) If the property upon which the lien is claimed is a | 5 | | motor vehicle or watercraft and rent or other charges related | 6 | | to the property remain unpaid or unsatisfied for 60 days, the | 7 | | owner may have the property towed from the self-service storage | 8 | | facility. If a motor vehicle or watercraft is towed, the owner | 9 | | shall not be liable for any damage to the motor vehicle or | 10 | | watercraft, once the tower takes possession of the property. | 11 | | After the motor vehicle or watercraft is towed, the owner may | 12 | | pursue other collection options against the delinquent | 13 | | occupant for any outstanding debt. Before the sale of a motor | 14 | | vehicle, aircraft, mobile home, moped, motorcycle, snowmobile, | 15 | | trailer, or watercraft, the owner shall contact the Secretary | 16 | | of State and any other governmental agency as reasonably | 17 | | necessary to determine the name and address of the title holder | 18 | | or lienholder of the item, and the owner shall notify every | 19 | | identified title holder or lienholder of the time and place of | 20 | | the proposed sale. The owner is required to notify the holder | 21 | | of a security interest only if the security interest is filed | 22 | | under the name of the person signing the rental agreement or an | 23 | | occupant. An owner who fails to make the lien searches required | 24 | | by this Section is liable only to valid lienholders injured by | 25 | | that failure as provided in Section 3; | 26 | | (H) Before any sale or other disposition of personal |
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| 1 | | property pursuant
to this Section, the occupant may pay the | 2 | | amount necessary to satisfy the
lien, and the reasonable | 3 | | expenses incurred under this Section, and thereby
redeem the | 4 | | personal property. Upon receipt of such payment, the owner | 5 | | shall
return the personal property, and thereafter the owner | 6 | | shall have no liability
to any person with respect to such | 7 | | personal property;
| 8 | | (I) A purchaser in good faith of the personal property sold | 9 | | to satisfy
a lien, as provided for in Section 3 of this Act, | 10 | | takes the property free
of any rights of persons against whom | 11 | | the lien was valid, despite noncompliance
by the owner with the | 12 | | requirements of this Section;
| 13 | | (J) In the event of a sale under this Section, the owner | 14 | | may satisfy his
lien from the proceeds of the sale, but shall | 15 | | hold the balance, if any,
for delivery on demand to the | 16 | | occupant. If the occupant does not claim
the balance of the | 17 | | proceeds within one year two years of the date of sale, it | 18 | | shall
become the property of the owner without further recourse | 19 | | by the occupant.
| 20 | | (K) The lien on any personal property created by this Act | 21 | | shall be terminated
as to any such personal property which is | 22 | | sold or otherwise disposed of
pursuant to this Act and any such | 23 | | personal property which is removed from
the self-service | 24 | | storage facility.
| 25 | | (Source: P.A. 83-800.)
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| 1 | | (770 ILCS 95/7.5 new) | 2 | | Sec. 7.5. Limitation of value. If the rental agreement | 3 | | contains a limit on the value of property that may be stored in | 4 | | the occupant's space, this limit is deemed to be the maximum | 5 | | value of the stored property, provided that this limit | 6 | | provision must be printed in bold type or underlined in the | 7 | | rental agreement in order to be enforceable. | 8 | | (770 ILCS 95/7.10 new) | 9 | | Sec. 7.10. Late fees. | 10 | | (a) A reasonable late fee may be imposed and collected by | 11 | | an owner for each service period that an occupant does not pay | 12 | | rent when due under a rental agreement, provided that the due | 13 | | date for the rental payment is not earlier than the day before | 14 | | the first day of the service period to which the rental payment | 15 | | applies. No late payment fee shall be assessed unless the | 16 | | rental fee remains unpaid for at least 5 days after the date | 17 | | specified in the rental agreement for payment of the rental | 18 | | fee. | 19 | | (b) No late fee may be collected pursuant to this Section | 20 | | unless the amount of that fee and the conditions for imposing | 21 | | that fee are stated in the rental agreement or in an addendum | 22 | | to that agreement. | 23 | | (c) For purposes of this Section, a late fee of $20 or 20% | 24 | | of the rental fee for each month an occupant does not pay rent, | 25 | | whichever is greater, is deemed reasonable and does not |
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| 1 | | constitute a penalty. | 2 | | (d) Any reasonable expense incurred as a result of rent | 3 | | collection or lien enforcement by an owner may be charged to | 4 | | the occupant in addition to the late fees permitted by this | 5 | | Section. If any such expenses are charged, they shall be | 6 | | identified on an itemized list that is available to the | 7 | | occupant.
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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