Full Text of SB0682 99th General Assembly
SB0682sam001 99TH GENERAL ASSEMBLY | Sen. Michael Noland Filed: 3/18/2015
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| 1 | | AMENDMENT TO SENATE BILL 682
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 682 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Labor and Storage Lien Act is amended by | 5 | | changing 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 | 8 | | labor, skill or materials upon any chattel, or has furnished
| 9 | | storage for said chattel, at the request of its owner, reputed | 10 | | owner, or
authorized agent of the owner, or lawful possessor | 11 | | thereof, shall have a
lien upon such chattel beginning on the | 12 | | date of the commencement of such
expenditure of labor, skill | 13 | | and materials or of such storage for the
contract price for all | 14 | | such expenditure of labor, skill or materials, or
for all such | 15 | | storage, or in the absence of such contract price, for the
| 16 | | reasonable worth of such expenditure of labor, skill and |
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| 1 | | materials, or of
such storage, for a period of one year from | 2 | | and after the completion of
such expenditure of labor, skill or | 3 | | materials, or of such storage,
notwithstanding the fact that | 4 | | the possession of such chattel has been
surrendered to the | 5 | | owner, or lawful possessor thereof. The specific procedures for | 6 | | obtaining liens on unclaimed motor vehicles for labor, storage, | 7 | | and materials under this Act shall be those set forth in | 8 | | Section 77 of the Automotive Repair Act and Section 67 of the | 9 | | Automotive Collision Repair Act.
| 10 | | (Source: Laws 1921, p. 508.)
| 11 | | Section 10. The Labor and Storage Lien (Small Amount) Act | 12 | | is amended by changing Section 1 as follows:
| 13 | | (770 ILCS 50/1) (from Ch. 82, par. 47a)
| 14 | | Sec. 1.
Every person expending labor, services, skill or | 15 | | material
upon or furnishing storage for any chattel at the | 16 | | request of or with the
consent of its owner, authorized agent | 17 | | of the owner, or lawful possessor
thereof, in the amount of | 18 | | $2,000 or less, shall have a lien upon such
chattel beginning | 19 | | upon the date of commencement of such expenditure of
labor, | 20 | | services, skill, or materials or furnishing of storage, for the
| 21 | | contract price for all such expenditure of labor, services, | 22 | | skill, or
material, until the possession of such chattel is | 23 | | voluntarily relinquished
to such owner or authorized agent, or | 24 | | to one entitled to the possession thereof. The specific |
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| 1 | | procedures for obtaining liens on unclaimed motor vehicles for | 2 | | labor, storage, and materials under this Act shall be those set | 3 | | forth in Section 77 of the Automotive Repair Act and Section 67 | 4 | | of the Automotive Collision Repair Act.
| 5 | | For the purposes of this Act, a person, other than a driver | 6 | | or a person
otherwise in control of a fire, police, emergency | 7 | | or public utility vehicle
on official business, consents to | 8 | | removal by towing of his or her vehicle
when he or she without | 9 | | authorization parks such vehicle upon private property
while | 10 | | having notice that unauthorized vehicles will be towed from | 11 | | such property
by the owner of such property, or agent thereof, | 12 | | at the vehicle owner's
expense, where such notice is provided | 13 | | pursuant to State law, local
ordinances or regulation by any | 14 | | state or local agency. Such notice must
include a sign of at | 15 | | least 24 inches in height by 36 inches in width posted
in a | 16 | | conspicuous place in the affected area at least 4 feet from the | 17 | | ground
but not more than 8 feet from the ground. Such sign | 18 | | shall be either
illuminated or painted with reflective paint, | 19 | | or both and shall state the
amount of towing charges to which | 20 | | the person may be subjected. However,
the requirement of the | 21 | | sign provided for in this section shall not apply to
| 22 | | residential property which, paying due regard to the | 23 | | circumstances and the
surrounding area, is clearly reserved or | 24 | | intended exclusively for the use
or occupation of residents or | 25 | | their vehicles.
| 26 | | The lien established herein shall also apply to labor, |
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| 1 | | services, skills
or material upon or furnishing storage for | 2 | | towed vehicles performed by any
relocator or any other towing | 3 | | service pursuant to the order of a law
enforcement official or | 4 | | agency in accordance with Sections 4-201 through
4-214 of The | 5 | | Illinois Vehicle Code. The lien created herein shall be valid
| 6 | | even though the towing and storage is performed without the | 7 | | vehicle owner's consent.
| 8 | | (Source: P.A. 85-1283.)
| 9 | | Section 15. The Automotive Repair Act is amended by | 10 | | changing Section 10 and by adding Section 77 as follows:
| 11 | | (815 ILCS 306/10)
| 12 | | Sec. 10. Definitions. In this Act:
| 13 | | "Automotive repair" includes, but is not limited to:
| 14 | | (1) All repairs to motor vehicles that are commonly | 15 | | performed in a motor
vehicle repair facility by a motor | 16 | | vehicle technician, including the
diagnosis, installation, | 17 | | exchange, or repair of mechanical or electrical parts
or | 18 | | units for any vehicle, the performance of any electrical or | 19 | | mechanical
adjustment to any vehicle, or the performance of | 20 | | any service work required for
routine maintenance or repair | 21 | | of any vehicle. The term does not include
commercial fleet | 22 | | repair or maintenance transactions involving 2 or more
| 23 | | vehicles or ongoing service or maintenance contracts | 24 | | involving vehicles used
primarily for business purposes.
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| 1 | | (2) All repair work in motor vehicle repair facilities | 2 | | that perform one or
more specialties within the automotive | 3 | | repair service industry, including, but
not limited to, | 4 | | refinishing, brake, electrical, exhaust repair or
| 5 | | installation, front-end, radiators, tires, transmission, | 6 | | tune-up, and
windshield. However, transactions involving | 7 | | the retail purchase of
merchandise when a facility installs | 8 | | the merchandise as part of the
transaction at the | 9 | | discretion of the customer for a firm price are not
| 10 | | included. These transactions shall include but not be | 11 | | limited to tires,
batteries, oil, and lube jobs.
| 12 | | "Automotive repair facility" or "motor vehicle repair | 13 | | facility" means any
person, firm, association, or corporation | 14 | | that for compensation engages in the
business of automotive | 15 | | repair or diagnosis, or both, of malfunctions of motor
| 16 | | vehicles.
| 17 | | "Owner" includes the person who holds the legal title to | 18 | | the vehicle or the customer who relinquished the vehicle to the | 19 | | claimant for repair. | 20 | | A "used" part consists of a used assembly removed from a | 21 | | vehicle and
installed on a vehicle undergoing repair without | 22 | | the benefit of being rebuilt
or remanufactured.
| 23 | | (Source: P.A. 90-426, eff. 1-1-98.)
| 24 | | (815 ILCS 306/77 new) | 25 | | Sec. 77. Foreclosing possessory liens. |
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| 1 | | (a) If a vehicle is not redeemed by the owner within 30 | 2 | | days after completion of the requested services or 30 days | 3 | | after the date agreed upon by the parties, whichever is later, | 4 | | the vehicle shall be considered unclaimed and the claimant may | 5 | | begin to enforce a possessory lien. If no repairs were made, | 6 | | the claimant may enforce a possessory lien for storage services | 7 | | 30 days after the claimant provided an estimate to the owner. | 8 | | (b) The sale of the vehicle shall occur only after | 9 | | providing notice to the lienholder and owner of the time and | 10 | | place of the sale. The claimant shall request the title records | 11 | | of the vehicle from the Secretary of State. If the Secretary of | 12 | | State cannot provide ownership information, the following | 13 | | means shall be used to identify the owner: | 14 | | (1) using the vehicle identification number to conduct | 15 | | a search through a commercial, nationwide motor vehicle | 16 | | information service; and | 17 | | (2) inspecting the vehicle for evidence of the name or | 18 | | address of the owner or state of registration. | 19 | | If evidence of the state of registration is found, the | 20 | | motor vehicle department of the particular state shall be | 21 | | contacted and requested to perform a record search for the name | 22 | | and address of any owner or lienholder. In lieu of contacting a | 23 | | motor vehicle department, the request for the name and address | 24 | | of any owner or lienholder may be made to any private entity | 25 | | approved by the Secretary of State for this purpose. | 26 | | (c) The claimant shall send notice by certified mail no |
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| 1 | | less than 30 days prior to the sale to the owner of the vehicle | 2 | | and any lienholder. The notice sent to a lienholder shall be | 3 | | sent return receipt requested. The notice, in addition to being | 4 | | mailed to the addresses provided on the record search, shall | 5 | | also be sent to any secondary address provided to the claimant | 6 | | by the vehicle owner. The notice shall include the name, | 7 | | address, and telephone number of the claimant, the hours of | 8 | | operation, the total amount owed, and the time and place of the | 9 | | sale. The sale must be held at the business location of the | 10 | | claimant. | 11 | | (d) In addition to the certified notice required under | 12 | | subsection (c) of this Section, the claimant shall publish one | 13 | | notice of the sale in a newspaper of general circulation in the | 14 | | city, county, village, municipality, or township where the | 15 | | claimant provided services for the vehicle. The notice shall be | 16 | | published no less than 14 days prior to the date and time of | 17 | | the sale and shall set forth: | 18 | | (1) the date, time, and location of the sale; | 19 | | (2) the name of the vehicle owner and a description of | 20 | | the vehicle including the vehicle identification number, | 21 | | make, model, and year of manufacture; | 22 | | (3) the amount owed; and | 23 | | (4) a statement that, unless the vehicle is redeemed | 24 | | prior to the date of the sale, it will be sold at sale. | 25 | | (e) The owner or lienholder of the vehicle may redeem the | 26 | | vehicle any time during normal business hours prior to the date |
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| 1 | | of the sale. If the vehicle is not redeemed prior to the sale, | 2 | | the claimant may sell the vehicle at the time and place | 3 | | specified in the notice to satisfy the lien amount. | 4 | | (f) After the sale of the vehicle, the entity or individual | 5 | | purchasing the vehicle at sale shall apply for a certificate of | 6 | | title, salvage certificate, or junking certificate for the | 7 | | purchased vehicle as required by law. The entity or individual | 8 | | shall submit a title application along with the following | 9 | | documentation to the Secretary of State: | 10 | | (1) a detailed, itemized estimate or invoice, | 11 | | including labor and parts, as originally prepared by the | 12 | | repairer, rebuilder, or other entity; | 13 | | (2) pictures of the vehicle; | 14 | | (3) a possessory lien affirmation, completed by the | 15 | | purchaser and the mechanic; | 16 | | (4) proof of a title record search; | 17 | | (5) proof of certified mail notification to the owner | 18 | | and proof of a signed return receipt from the lienholder; | 19 | | and | 20 | | (6) proof of published notice (not required for a | 21 | | junking certificate). | 22 | | Section 20. The Automotive Collision Repair Act is amended | 23 | | by changing Section 10 and by adding Section 67 as follows:
| 24 | | (815 ILCS 308/10)
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| 1 | | Sec. 10. Definitions. As used in this Act:
| 2 | | "Automotive collision and body repair" means all repairs | 3 | | that are commonly
performed by a
body repair technician to | 4 | | restore a motor vehicle damaged in an accident or
collision to | 5 | | a
condition
similar to
the motor vehicle condition
prior to the | 6 | | damage or deterioration including, but not limited to, the
| 7 | | diagnosis,
installation, exchange,
repair, or refinishing of | 8 | | exterior body panels, trim, lighting, and
structural chassis.
| 9 | | The term does not include commercial fleet repair or
| 10 | | maintenance
transactions involving 2 or more motor vehicles or | 11 | | ongoing service or
maintenance
contracts involving
motor | 12 | | vehicles used primarily for business purposes.
| 13 | | "Automotive collision and body repair facility" means a | 14 | | person, firm,
association, or
corporation that for | 15 | | compensation engages in the business of cosmetic repair,
| 16 | | structural
repair, or refinishing of motor vehicles with defect | 17 | | related to accident or
collision.
| 18 | | "New part" means a part or component manufactured or | 19 | | supplied by the original
motor vehicle
manufacturer in an | 20 | | unused condition.
| 21 | | "Owner" includes the person who holds the legal title to | 22 | | the vehicle or the customer who relinquished the vehicle to the | 23 | | claimant for repair. | 24 | | "Used part" means an original motor vehicle manufacturer | 25 | | part or component
removed from
a motor vehicle of similar make, | 26 | | model, and condition without the benefit of
being
rebuilt or
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| 1 | | remanufactured.
| 2 | | "Rebuilt part" or "reconditioned part" means a used part | 3 | | that has been
inspected and
remanufactured to restore | 4 | | functionality and performance.
| 5 | | "Aftermarket part" means a new part that is not | 6 | | manufactured or supplied by
the original
motor vehicle | 7 | | manufacturer for addition to, or replacement of, exterior body
| 8 | | panel
or trim.
| 9 | | (Source: P.A. 93-565, eff. 1-1-04.)
| 10 | | (815 ILCS 308/67 new) | 11 | | Sec. 67. Foreclosing possessory liens. | 12 | | (a) If a vehicle is not redeemed by the owner within 30 | 13 | | days after completion of the requested services or 30 days | 14 | | after the date agreed upon by the parties, whichever is later, | 15 | | the vehicle shall be considered unclaimed and the claimant may | 16 | | begin to enforce a possessory lien. If no repairs were made, | 17 | | the claimant may enforce a possessory lien for storage services | 18 | | 30 days after the claimant provided an estimate to the owner. | 19 | | (b) The sale of the vehicle shall occur only after | 20 | | providing notice to the lienholder and owner of the time and | 21 | | place of the sale. The claimant shall request the title records | 22 | | of the vehicle from the Secretary of State. If the Secretary of | 23 | | State cannot provide ownership information, the following | 24 | | means shall be used to identify the owner: | 25 | | (1) using the vehicle identification number to conduct |
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| 1 | | a search through a commercial, nationwide motor vehicle | 2 | | information service; and | 3 | | (2) inspecting the vehicle for evidence of the name or | 4 | | address of the owner or state of registration. | 5 | | If evidence of the state of registration is found, the | 6 | | motor vehicle department of the particular state shall be | 7 | | contacted and requested to perform a record search for the name | 8 | | and address of any owner or lienholder. In lieu of contacting a | 9 | | motor vehicle department, the request for the name and address | 10 | | of any owner or lienholder may be made to any private entity | 11 | | approved by the Secretary of State for this purpose. | 12 | | (c) The claimant shall send notice by certified mail no | 13 | | less than 30 days prior to the sale to the owner of the vehicle | 14 | | and any lienholder. The notice sent to a lienholder shall be | 15 | | sent return receipt requested. The notice, in addition to being | 16 | | mailed to the addresses provided on the record search, shall | 17 | | also be sent to any secondary address provided to the claimant | 18 | | by the vehicle owner. The notice shall include the name, | 19 | | address, and telephone number of the claimant, the hours of | 20 | | operation, the total amount owed, and the time and place of the | 21 | | sale. The sale must be held at the business location of the | 22 | | claimant. | 23 | | (d) In addition to the certified notice required under | 24 | | subsection (c) of this Section, the claimant shall publish one | 25 | | notice of the sale in a newspaper of general circulation in the | 26 | | city, county, village, municipality, or township where the |
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| 1 | | claimant provided services for the vehicle. The notice shall be | 2 | | published no less than 14 days prior to the date and time of | 3 | | the sale and shall set forth: | 4 | | (1) the date, time, and location of the sale; | 5 | | (2) the name of the vehicle owner and a description of | 6 | | the vehicle including the vehicle identification number, | 7 | | make, model, and year of manufacture; | 8 | | (3) the amount owed; and | 9 | | (4) a statement that, unless the vehicle is redeemed | 10 | | prior to the date of the sale, it will be sold at sale. | 11 | | (e) The owner or lienholder of the vehicle may redeem the | 12 | | vehicle any time during normal business hours prior to the date | 13 | | of the sale. If the vehicle is not redeemed prior to the sale, | 14 | | the claimant may sell the vehicle at the time and place | 15 | | specified in the notice to satisfy the lien amount. | 16 | | (f) After the sale of the vehicle, the entity or individual | 17 | | purchasing the vehicle at sale shall apply for a certificate of | 18 | | title, salvage certificate, or junking certificate for the | 19 | | purchased vehicle as required by law. The entity or individual | 20 | | shall submit a title application along with the following | 21 | | documentation to the Secretary of State: | 22 | | (1) a detailed, itemized estimate or invoice, | 23 | | including labor and parts, as originally prepared by the | 24 | | repairer, rebuilder, or other entity; | 25 | | (2) pictures of the vehicle; | 26 | | (3) a possessory lien affirmation, completed by the |
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| 1 | | purchaser and the mechanic; | 2 | | (4) proof of a title record search; | 3 | | (5) proof of certified mail notification to the owner | 4 | | and proof of a signed return receipt from the lienholder; | 5 | | and | 6 | | (6) proof of published notice (not required for a | 7 | | junking certificate). ".
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