Illinois General Assembly - Full Text of SB1842
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Full Text of SB1842  98th General Assembly


Sen. John G. Mulroe

Filed: 3/14/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 1842 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Vehicle Code is amended by adding
5Article 4-4 as follows:
6    (625 ILCS 5/Art. 4-4 heading new)

8    (625 ILCS 5/4-400 new)
9    Sec. 4-400. Applicability. This Article applies to any
10person or entity providing labor, services, material, or
11storage for any vehicle at the request of the vehicle owner or
12authorized agent of the owner.
13    (625 ILCS 5/4-401 new)
14    Sec. 4-401. Creation of lien. Any person or entity



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1providing labor, services, material, or storage for any vehicle
2with the consent of the vehicle owner or authorized agent of
3the owner shall be entitled to have a lien upon the vehicle for
4the contracted price of the services provided. Any charges
5incurred as a result of enforcing a mechanic's lien shall not
6be added to the contracted price of the services originally
7provided to the vehicle owner.
8    (625 ILCS 5/4-402 new)
9    Sec. 4-402. Consent of vehicle owner.
10    (a) In order to establish a lien under this Article, the
11claimant must provide proof of consent by the vehicle owner of
12the contracted services. The vehicle owner's consent shall be
13demonstrated by a signed work order or estimate. If the vehicle
14owner's consent is oral, the claimant must provide the work
15order or estimate that contains the date, time, name of person
16authorizing the services, the name of the employee who spoke to
17the person authorizing the services, and the telephone number
18of the claimant, if any. If the service provided is for storage
19of a vehicle, the claimant must provide a formal storage
20agreement, signed by the vehicle owner, setting forth the
21storage charge.
22    (b) Any vehicle for which the claimant has possession but
23cannot provide proof of consent of the vehicle owner for labor,
24services, material, or storage shall be deemed an abandoned
25vehicle and disposal of the vehicle shall be governed by



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1Chapter 4, Article II of this Code.
2    (625 ILCS 5/4-403 new)
3    Sec. 4-403. Foreclosing mechanic's liens.
4    (a) If the vehicle is not redeemed by the owner 30 days
5after completion of the contracted services or 30 days after
6the date agreed upon by the parties, whichever is later, the
7claimant may begin to enforce a mechanic's lien.
8    (b) The sale of a vehicle shall occur only after providing
9notice to the owner of the time and place of the sale. The
10claimant shall request the title records of the vehicle from
11the Secretary of State. If the Secretary of State cannot
12provide ownership information, the following means shall be
13used to identify the owner:
14        (1) using the vehicle identification number to conduct
15    a search through a commercial, nation-wide motor vehicle
16    information service; and
17        (2) inspecting the vehicle for any evidence of the name
18    or address of the owner or state of registration.
19    If evidence of the state of registration is found by these
20means, the motor vehicle department of that particular state
21shall be contacted and requested to perform a record search for
22the name and address of any owner or lienholder.
23    (c) The claimant shall send notice by certified mail, no
24less than 30 days prior to the sale, to the owner of the
25vehicle and any lienholder. The notice, in addition to being



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1mailed to the addresses provided on the record search, shall
2also be sent to any secondary address provided to the claimant
3by the vehicle owner. The notice shall include the name,
4address and telephone number of the claimant, the hours of
5operation, the total amount owed, and the time and place of the
6sale. The sale must be held at the business location of the
8    (d) In addition to the certified notice under subsection
9(c) of this Section, the claimant shall publish two notices of
10the sale in a newspaper of general circulation in the city,
11village, or township where the claimant provided services for
12the vehicle. The first notice shall be published no less than
1314 days prior to the date and time of the sale and shall set
15        (1) the date, time, and location of the sale;
16        (2) the name of the vehicle owner, a description of the
17    vehicle, including a vehicle identification number, make,
18    model, year of manufacture, and the amount owed; and
19        (3) a statement that unless the vehicle is redeemed
20    prior to the date of the sale, it will be sold at sale.
21    (e) The second notice shall contain the same information as
22the first notice and shall be published no less than 2 days
23prior to the sale.
24    (f) The owner or lienholder of the vehicle may redeem the
25vehicle at any time prior to the date of the sale. If the
26vehicle is not redeemed prior to the sale, the claimant may



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1sell the vehicle at the time and place specified in the notice
2to satisfy the lien amount. The proceeds of the sale of the
3vehicle in excess of the charges of the claimant shall be
4deposited with the county treasurer where the services of the
5claimant were provided. If the excess proceeds are not
6reclaimed by the vehicle owner or lienholder within a period of
76 months, the excess proceeds shall be deposited by the county
8treasurer to the general revenue fund of the county.
9    (g) After the sale of the vehicle, the entity or individual
10purchasing the vehicle at sale shall apply for a certificate of
11title, salvage certificate, or junking certificate for the
12purchased vehicle as required by law.
13    (h) The entity or individual who purchased the vehicle at
14sale shall submit a title application along with the following
15documentation to the Secretary of State:
16        (1) a detailed, itemized estimate or invoice,
17    including labor and parts, as originally prepared by the
18    repairer, rebuilder or other entity;
19        (2) pictures of the vehicle;
20        (3) a mechanic's lien affirmation, completed by the
21    purchaser and the mechanic;
22        (4) proof of a title record search;
23        (5) proof of certified mail notification to the owner
24    and lienholder;
25        (6) proof of published notices; and
26        (7) any other information as required by the Secretary



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1    of State.
2    (i) The Secretary of State may adopt rules to implement
3this Article.
4    Section 10. The Labor and Storage Lien Act is amended by
5changing Section 1 as follows:
6    (770 ILCS 45/1)  (from Ch. 82, par. 40)
7    Sec. 1. Every person, firm or corporation who has expended
8labor, skill or materials upon any chattel, or has furnished
9storage for said chattel, at the request of its owner, reputed
10owner, or authorized agent of the owner, or lawful possessor
11thereof, shall have a lien upon such chattel beginning on the
12date of the commencement of such expenditure of labor, skill
13and materials or of such storage for the contract price for all
14such expenditure of labor, skill or materials, or for all such
15storage, or in the absence of such contract price, for the
16reasonable worth of such expenditure of labor, skill and
17materials, or of such storage, for a period of one year from
18and after the completion of such expenditure of labor, skill or
19materials, or of such storage, notwithstanding the fact that
20the possession of such chattel has been surrendered to the
21owner, or lawful possessor thereof. The lien established in
22this Section shall not apply to labor, services, skill, or
23material upon or furnishing storage for motor vehicles. The
24provisions of the Illinois Vehicle Code shall apply for labor,



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1services, skill, or materials provided for motor vehicles.
2(Source: Laws 1921, p. 508.)
3    Section 15. The Labor and Storage Lien (Small Amount) Act
4is amended by changing Section 1 as follows:
5    (770 ILCS 50/1)  (from Ch. 82, par. 47a)
6    Sec. 1. Every person expending labor, services, skill or
7material upon or furnishing storage for any chattel at the
8request of or with the consent of its owner, authorized agent
9of the owner, or lawful possessor thereof, in the amount of
10$2,000 or less, shall have a lien upon such chattel beginning
11upon the date of commencement of such expenditure of labor,
12services, skill, or materials or furnishing of storage, for the
13contract price for all such expenditure of labor, services,
14skill, or material, until the possession of such chattel is
15voluntarily relinquished to such owner or authorized agent, or
16to one entitled to the possession thereof.
17    For the purposes of this Act, a person, other than a driver
18or a person otherwise in control of a fire, police, emergency
19or public utility vehicle on official business, consents to
20removal by towing of his or her vehicle when he or she without
21authorization parks such vehicle upon private property while
22having notice that unauthorized vehicles will be towed from
23such property by the owner of such property, or agent thereof,
24at the vehicle owner's expense, where such notice is provided



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1pursuant to State law, local ordinances or regulation by any
2state or local agency. Such notice must include a sign of at
3least 24 inches in height by 36 inches in width posted in a
4conspicuous place in the affected area at least 4 feet from the
5ground but not more than 8 feet from the ground. Such sign
6shall be either illuminated or painted with reflective paint,
7or both and shall state the amount of towing charges to which
8the person may be subjected. However, the requirement of the
9sign provided for in this section shall not apply to
10residential property which, paying due regard to the
11circumstances and the surrounding area, is clearly reserved or
12intended exclusively for the use or occupation of residents or
13their vehicles.
14    The lien established herein shall not also apply to labor,
15services, skills or material upon or furnishing storage for
16motor towed vehicles performed by any relocator or any other
17towing service pursuant to the order of a law enforcement
18official or agency in accordance with Sections 4-201 through
194-214 of The Illinois Vehicle Code. The provisions of the
20Illinois Vehicle Code shall apply for labor, services, skill,
21or materials provided for motor vehicles. The lien created
22herein shall be valid even though the towing and storage is
23performed without the vehicle owner's consent.
24(Source: P.A. 85-1283.)".