Full Text of SB1842 98th General Assembly
SB1842eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by adding | 5 | | Article 4-4 as follows: | 6 | | (625 ILCS 5/Art. 4-4 heading new) | 7 | | ARTICLE 4-4. MECHANIC'S LIENS AGAINST VEHICLES | 8 | | (625 ILCS 5/4-400 new) | 9 | | Sec. 4-400. Applicability. This Article applies to any | 10 | | person or entity providing labor, services, material, or | 11 | | storage for any vehicle at the request of the vehicle owner or | 12 | | authorized agent of the owner. | 13 | | (625 ILCS 5/4-401 new) | 14 | | Sec. 4-401. Creation of lien. Any person or entity | 15 | | providing labor, services, material, or storage for any vehicle | 16 | | with the consent of the vehicle owner or authorized agent of | 17 | | the owner shall be entitled to have a lien upon the vehicle for | 18 | | the contracted price of the services provided. Any charges | 19 | | incurred as a result of enforcing a mechanic's lien shall not | 20 | | be added to the contracted price of the services originally | 21 | | provided to the vehicle owner. |
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| 1 | | (625 ILCS 5/4-402 new) | 2 | | Sec. 4-402. Consent of vehicle owner. | 3 | | (a) In order to establish a lien under this Article, the | 4 | | claimant must provide proof of consent by the vehicle owner of | 5 | | the contracted services. The vehicle owner's consent shall be | 6 | | demonstrated by a signed work order or estimate. If the vehicle | 7 | | owner's consent is oral, the claimant must provide the work | 8 | | order or estimate that contains the date, time, name of person | 9 | | authorizing the services, the name of the employee who spoke to | 10 | | the person authorizing the services, and the telephone number | 11 | | of the claimant, if any. If the service provided is for storage | 12 | | of a vehicle, the claimant must provide a formal storage | 13 | | agreement, signed by the vehicle owner, setting forth the | 14 | | storage charge. | 15 | | (b) Any vehicle for which the claimant has possession but | 16 | | cannot provide proof of consent of the vehicle owner for labor, | 17 | | services, material, or storage shall be deemed an abandoned | 18 | | vehicle and disposal of the vehicle shall be governed by | 19 | | Chapter 4, Article II of this Code. | 20 | | (625 ILCS 5/4-403 new) | 21 | | Sec. 4-403. Foreclosing mechanic's liens. | 22 | | (a) If the vehicle is not redeemed by the owner 30 days | 23 | | after completion of the contracted services or 30 days after | 24 | | the date agreed upon by the parties, whichever is later, the |
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| 1 | | claimant may begin to enforce a mechanic's lien. | 2 | | (b) The sale of a vehicle shall occur only after providing | 3 | | notice to the owner of the time and place of the sale. The | 4 | | claimant shall request the title records of the vehicle from | 5 | | the Secretary of State. If the Secretary of State cannot | 6 | | provide ownership information, the following means shall be | 7 | | used to identify the owner: | 8 | | (1) using the vehicle identification number to conduct | 9 | | a search through a commercial, nation-wide motor vehicle | 10 | | information service; and | 11 | | (2) inspecting the vehicle for any evidence of the name | 12 | | or address of the owner or state of registration. | 13 | | If evidence of the state of registration is found by these | 14 | | means, the motor vehicle department of that particular state | 15 | | shall be contacted and requested to perform a record search for | 16 | | the name and address of any owner or lienholder. | 17 | | (c) The claimant shall send notice by certified mail, no | 18 | | less than 30 days prior to the sale, to the owner of the | 19 | | vehicle and any lienholder. The notice, in addition to being | 20 | | mailed to the addresses provided on the record search, shall | 21 | | also be sent to any secondary address provided to the claimant | 22 | | by the vehicle owner. The notice shall include the name, | 23 | | address and telephone number of the claimant, the hours of | 24 | | operation, the total amount owed, and the time and place of the | 25 | | sale. The sale must be held at the business location of the | 26 | | claimant. |
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| 1 | | (d) In addition to the certified notice under subsection | 2 | | (c) of this Section, the claimant shall publish two notices of | 3 | | the sale in a newspaper of general circulation in the city, | 4 | | village, or township where the claimant provided services for | 5 | | the vehicle. The first notice shall be published no less than | 6 | | 14 days prior to the date and time of the sale and shall set | 7 | | forth: | 8 | | (1) the date, time, and location of the sale; | 9 | | (2) the name of the vehicle owner, a description of the | 10 | | vehicle, including a vehicle identification number, make, | 11 | | model, year of manufacture, and the amount owed; and | 12 | | (3) a statement that unless the vehicle is redeemed | 13 | | prior to the date of the sale, it will be sold at sale. | 14 | | (e) The second notice shall contain the same information as | 15 | | the first notice and shall be published no less than 2 days | 16 | | prior to the sale. | 17 | | (f) The owner or lienholder of the vehicle may redeem the | 18 | | vehicle at any time prior to the date of the sale. If the | 19 | | vehicle is not redeemed prior to the sale, the claimant may | 20 | | sell the vehicle at the time and place specified in the notice | 21 | | to satisfy the lien amount. The proceeds of the sale of the | 22 | | vehicle in excess of the charges of the claimant shall be | 23 | | deposited with the county treasurer where the services of the | 24 | | claimant were provided. If the excess proceeds are not | 25 | | reclaimed by the vehicle owner or lienholder within a period of | 26 | | 6 months, the excess proceeds shall be deposited by the county |
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| 1 | | treasurer to the general revenue fund of the county. | 2 | | (g) After the sale of the vehicle, the entity or individual | 3 | | purchasing the vehicle at sale shall apply for a certificate of | 4 | | title, salvage certificate, or junking certificate for the | 5 | | purchased vehicle as required by law. | 6 | | (h) The entity or individual who purchased the vehicle at | 7 | | sale shall submit a title application along with the following | 8 | | documentation to the Secretary of State: | 9 | | (1) a detailed, itemized estimate or invoice, | 10 | | including labor and parts, as originally prepared by the | 11 | | repairer, rebuilder or other entity; | 12 | | (2) pictures of the vehicle; | 13 | | (3) a mechanic's lien affirmation, completed by the | 14 | | purchaser and the mechanic; | 15 | | (4) proof of a title record search; | 16 | | (5) proof of certified mail notification to the owner | 17 | | and lienholder; | 18 | | (6) proof of published notices; and | 19 | | (7) any other information as required by the Secretary | 20 | | of State. | 21 | | (i) The Secretary of State may adopt rules to implement | 22 | | this Article. | 23 | | Section 10. The Labor and Storage Lien Act is amended by | 24 | | changing Section 1 as follows:
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| 1 | | (770 ILCS 45/1) (from Ch. 82, par. 40)
| 2 | | Sec. 1.
Every person, firm or corporation who has
expended | 3 | | labor, skill or materials upon any chattel, or has furnished
| 4 | | storage for said chattel, at the request of its owner, reputed | 5 | | owner, or
authorized agent of the owner, or lawful possessor | 6 | | thereof, shall have a
lien upon such chattel beginning on the | 7 | | date of the commencement of such
expenditure of labor, skill | 8 | | and materials or of such storage for the
contract price for all | 9 | | such expenditure of labor, skill or materials, or
for all such | 10 | | storage, or in the absence of such contract price, for the
| 11 | | reasonable worth of such expenditure of labor, skill and | 12 | | materials, or of
such storage, for a period of one year from | 13 | | and after the completion of
such expenditure of labor, skill or | 14 | | materials, or of such storage,
notwithstanding the fact that | 15 | | the possession of such chattel has been
surrendered to the | 16 | | owner, or lawful possessor thereof. The lien established in | 17 | | this Section shall not apply to labor, services, skill, or | 18 | | material upon or furnishing storage for motor vehicles. The | 19 | | provisions of the Illinois Vehicle Code shall apply for labor, | 20 | | services, skill, or materials provided for motor vehicles.
| 21 | | (Source: Laws 1921, p. 508.)
| 22 | | Section 15. The Labor and Storage Lien (Small Amount) Act | 23 | | is amended by changing Section 1 as follows:
| 24 | | (770 ILCS 50/1) (from Ch. 82, par. 47a)
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| 1 | | Sec. 1.
Every person expending labor, services, skill or | 2 | | material
upon or furnishing storage for any chattel at the | 3 | | request of or with the
consent of its owner, authorized agent | 4 | | of the owner, or lawful possessor
thereof, in the amount of | 5 | | $2,000 or less, shall have a lien upon such
chattel beginning | 6 | | upon the date of commencement of such expenditure of
labor, | 7 | | services, skill, or materials or furnishing of storage, for the
| 8 | | contract price for all such expenditure of labor, services, | 9 | | skill, or
material, until the possession of such chattel is | 10 | | voluntarily relinquished
to such owner or authorized agent, or | 11 | | to one entitled to the possession thereof.
| 12 | | For the purposes of this Act, a person, other than a driver | 13 | | or a person
otherwise in control of a fire, police, emergency | 14 | | or public utility vehicle
on official business, consents to | 15 | | removal by towing of his or her vehicle
when he or she without | 16 | | authorization parks such vehicle upon private property
while | 17 | | having notice that unauthorized vehicles will be towed from | 18 | | such property
by the owner of such property, or agent thereof, | 19 | | at the vehicle owner's
expense, where such notice is provided | 20 | | pursuant to State law, local
ordinances or regulation by any | 21 | | state or local agency. Such notice must
include a sign of at | 22 | | least 24 inches in height by 36 inches in width posted
in a | 23 | | conspicuous place in the affected area at least 4 feet from the | 24 | | ground
but not more than 8 feet from the ground. Such sign | 25 | | shall be either
illuminated or painted with reflective paint, | 26 | | or both and shall state the
amount of towing charges to which |
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| 1 | | the person may be subjected. However,
the requirement of the | 2 | | sign provided for in this section shall not apply to
| 3 | | residential property which, paying due regard to the | 4 | | circumstances and the
surrounding area, is clearly reserved or | 5 | | intended exclusively for the use
or occupation of residents or | 6 | | their vehicles.
| 7 | | The lien established herein shall not also apply to labor, | 8 | | services, skills
or material upon or furnishing storage for | 9 | | motor towed vehicles performed by any
relocator or any other | 10 | | towing service pursuant to the order of a law
enforcement | 11 | | official or agency in accordance with Sections 4-201 through
| 12 | | 4-214 of The Illinois Vehicle Code . The provisions of the | 13 | | Illinois Vehicle Code shall apply for labor, services, skill, | 14 | | or materials provided for motor vehicles. The lien created | 15 | | herein shall be valid
even though the towing and storage is | 16 | | performed without the vehicle owner's consent.
| 17 | | (Source: P.A. 85-1283.)
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