Full Text of SB0682 99th General Assembly
SB0682sam002 99TH GENERAL ASSEMBLY | Sen. Michael Noland Filed: 4/21/2015
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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 and adding Section 1.5 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 process for | 6 | | liens on unclaimed motor vehicles for labor, storage, and | 7 | | materials under this Act are set forth in Section 1.5 of this | 8 | | Act.
| 9 | | (Source: Laws 1921, p. 508.)
| 10 | | (770 ILCS 45/1.5 new) | 11 | | Sec. 1.5. Lien foreclosure process. | 12 | | (a) As used in this Section: | 13 | | "Claimant" means the person or entity furnishing labor or | 14 | | materials upon or storage for a motor vehicle. | 15 | | "Consent" means authorization by a customer by the means of | 16 | | a Signature Consent Form, Electronic Consent Form, or Oral | 17 | | Consent Form. | 18 | | "Customer" means the person or entity which relinquished | 19 | | the vehicle to the claimant for repair or storage. | 20 | | "Electronic Consent Form" means an electronic | 21 | | authorization between customer and claimant authorizing the | 22 | | repairs or storage. | 23 | | "Lienholder" means the person or entity listed as such on | 24 | | the vehicle certificate of title. | 25 | | "Oral Consent Form" means: if the customer's authorization |
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| 1 | | is oral, the claimant shall note, on both the written estimate | 2 | | or firm price quotation and the invoice, the name of the person | 3 | | authorizing the repairs, the date, the time, and the telephone | 4 | | number called, if any; any charge for parts of labor in excess | 5 | | of the original estimate must be separately authorized by the | 6 | | customer. | 7 | | "Owner" means the person or entity listed on the vehicle | 8 | | certificate of title. | 9 | | "Signature Consent Form" means an authorization form | 10 | | signed by the customer and the claimant authorizing the repairs | 11 | | or storage. | 12 | | (b) If a vehicle is not redeemed by the customer within 60 | 13 | | days after completion of the requested services or after the | 14 | | date agreed upon by the parties, whichever is later, the | 15 | | claimant may begin to foreclose the mechanic's lien provided | 16 | | hereby by a commercially reasonable public or private sale of | 17 | | the motor vehicle. If no repairs were made, the claimant may | 18 | | foreclose a lien for storage services 30 days after the | 19 | | claimant provided an estimate to the owner or customer, and in | 20 | | any case within 45 days thereafter. | 21 | | (c) The sale of the vehicle shall occur only after | 22 | | providing notice to the lienholder and owner of the time and | 23 | | place of the sale. The claimant shall request the title records | 24 | | of the vehicle from the Secretary of State at which time the | 25 | | Secretary of State Shall also run a LEADS search to determine | 26 | | if the vehicle was reported stolen. If the Secretary of State |
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| 1 | | cannot provide ownership information, the following means | 2 | | shall be used to identify the owner and lienholder: | 3 | | (1) using the vehicle identification number to conduct | 4 | | a search through a commercial, nationwide motor vehicle | 5 | | information service; and | 6 | | (2) inspecting the vehicle for evidence of the name or | 7 | | address of the owner or state of registration. | 8 | | If evidence of the state of registration is found, the | 9 | | motor vehicle department of the particular state shall be | 10 | | contacted and requested to perform a record search for the name | 11 | | and address of any owner or lienholder. In lieu of contacting a | 12 | | motor vehicle department, the request for the name and address | 13 | | of any owner or lienholder may be made to any private entity | 14 | | approved by the Secretary of State for this purpose. | 15 | | (d) The claimant shall send notice by certified mail no | 16 | | less than 30 days prior to the sale to the owner and any | 17 | | lienholder. The notice sent to a lienholder shall be sent | 18 | | certified mail, return receipt requested. The notice sent to | 19 | | the owner shall be sent to the addresses provided in the | 20 | | records search and to any secondary address provided to the | 21 | | claimant by the vehicle owner or customer. The notice shall | 22 | | include the name, address, and telephone number of the | 23 | | claimant, the hours of operation, the total amount owed for | 24 | | labor and materials furnished, the amount claimed for storage, | 25 | | the time and place of the sale, and whether the sale will be a | 26 | | private or public sale. The sale must be held at the business |
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| 1 | | location of the claimant. | 2 | | (e) In addition to the certified notice required under | 3 | | subsection (d) of this Section, the claimant shall publish one | 4 | | notice of the sale in a newspaper of general circulation in the | 5 | | city, county, village, municipality, or township where the | 6 | | claimant provided services for the vehicle. The notice shall be | 7 | | published no less than 14 days prior to the date and time of | 8 | | the sale and shall set forth: | 9 | | (1) the date, time, and location of the sale; | 10 | | (2) the name of the vehicle owner and lienholder and a | 11 | | description of the vehicle including the vehicle | 12 | | identification number, make, model, and year of | 13 | | manufacture; | 14 | | (3) the amount owed; and | 15 | | (4) a statement that, unless the vehicle is redeemed | 16 | | prior to the date of the sale, it will be sold at sale. | 17 | | (f) The owner, customer, or lienholder may redeem the | 18 | | vehicle any time during normal business hours prior to the date | 19 | | of the sale. If the vehicle is not redeemed prior to the sale, | 20 | | the claimant may sell the vehicle at the time and place and in | 21 | | the manner specified in the notice to satisfy the lien amount. | 22 | | (g) After the sale, the purchaser shall apply for a | 23 | | certificate of title, salvage certificate, or junking | 24 | | certificate for the vehicle as required by law. The purchaser | 25 | | shall submit a title application along with the following | 26 | | documentation to the Secretary of State: |
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| 1 | | (1) a detailed, itemized invoice, including labor and | 2 | | parts, as originally prepared by the repairer, rebuilder, | 3 | | or other entity; | 4 | | (2) pictures of the vehicle; | 5 | | (3) an affirmation executed by the purchaser and the | 6 | | claimant on a form promulgated or approved by the Secretary | 7 | | of State; | 8 | | (4) proof of a title record search; | 9 | | (5) proof of certified mail notice to the owner and | 10 | | proof of a signed return receipt from the lienholder or | 11 | | undelivered returned envelope containing the notice | 12 | | addressed to the lienholder; | 13 | | (6) proof of published notice (not required for a | 14 | | junking certificate); and | 15 | | (7) the customer's consent. | 16 | | If the title application contains the required components | 17 | | itemized in this subsection, the Secretary of State shall issue | 18 | | the title within 45 days. | 19 | | (h) Daily storage charges shall not commence earlier than | 20 | | 10 days after the customer has relinquished possession of the | 21 | | vehicle to the claimant and shall not exceed the maximum daily | 22 | | storage rate authorized by the Illinois Commerce Commission | 23 | | from time to time under the Illinois Commercial Relocation of | 24 | | Trespassing Vehicles Law. | 25 | | (i) The amounts claimed in the notice provided in | 26 | | subsection (d) shall not be increased or decreased prior to the |
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| 1 | | sale, except with the consent of the owner or lienholder of the | 2 | | vehicle. | 3 | | (j) Nothing in this Section 1.5 in intended to or shall be | 4 | | construed to impair of affect the existing rights and | 5 | | priorities of any lienholder to have or recover possession of | 6 | | any vehicle. | 7 | | Section 10. The Labor and Storage Lien (Small Amount) Act | 8 | | is amended by changing Section 1 and adding Section 1.5 as | 9 | | follows:
| 10 | | (770 ILCS 50/1) (from Ch. 82, par. 47a)
| 11 | | Sec. 1.
Every person expending labor, services, skill or | 12 | | material
upon or furnishing storage for any chattel at the | 13 | | request of or with the
consent of its owner, authorized agent | 14 | | of the owner, or lawful possessor
thereof, in the amount of | 15 | | $2,000 or less, shall have a lien upon such
chattel beginning | 16 | | upon the date of commencement of such expenditure of
labor, | 17 | | services, skill, or materials or furnishing of storage, for the
| 18 | | contract price for all such expenditure of labor, services, | 19 | | skill, or
material, until the possession of such chattel is | 20 | | voluntarily relinquished
to such owner or authorized agent, or | 21 | | to one entitled to the possession thereof. The specific process | 22 | | for liens on unclaimed motor vehicles for labor, storage, and | 23 | | materials under this Act are set forth in Section 1.5 of this | 24 | | Act.
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| 1 | | For the purposes of this Act, a person, other than a driver | 2 | | or a person
otherwise in control of a fire, police, emergency | 3 | | or public utility vehicle
on official business, consents to | 4 | | removal by towing of his or her vehicle
when he or she without | 5 | | authorization parks such vehicle upon private property
while | 6 | | having notice that unauthorized vehicles will be towed from | 7 | | such property
by the owner of such property, or agent thereof, | 8 | | at the vehicle owner's
expense, where such notice is provided | 9 | | pursuant to State law, local
ordinances or regulation by any | 10 | | state or local agency. Such notice must
include a sign of at | 11 | | least 24 inches in height by 36 inches in width posted
in a | 12 | | conspicuous place in the affected area at least 4 feet from the | 13 | | ground
but not more than 8 feet from the ground. Such sign | 14 | | shall be either
illuminated or painted with reflective paint, | 15 | | or both and shall state the
amount of towing charges to which | 16 | | the person may be subjected. However,
the requirement of the | 17 | | sign provided for in this section shall not apply to
| 18 | | residential property which, paying due regard to the | 19 | | circumstances and the
surrounding area, is clearly reserved or | 20 | | intended exclusively for the use
or occupation of residents or | 21 | | their vehicles.
| 22 | | The lien established herein shall also apply to labor, | 23 | | services, skills
or material upon or furnishing storage for | 24 | | towed vehicles performed by any
relocator or any other towing | 25 | | service pursuant to the order of a law
enforcement official or | 26 | | agency in accordance with Sections 4-201 through
4-214 of The |
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| 1 | | Illinois Vehicle Code. The lien created herein shall be valid
| 2 | | even though the towing and storage is performed without the | 3 | | vehicle owner's consent.
| 4 | | (Source: P.A. 85-1283.)
| 5 | | (770 ILCS 50/1.5 new) | 6 | | Sec. 1.5. Lien foreclosure process. | 7 | | (a) As used in this Section: | 8 | | "Claimant" means the person or entity furnishing labor or | 9 | | materials upon or storage for a motor vehicle. | 10 | | "Consent" means authorization by a customer by the means of | 11 | | a Signature Consent Form, Electronic Consent Form, or Oral | 12 | | Consent Form. | 13 | | "Customer" means the person or entity which relinquished | 14 | | the vehicle to the claimant for repair or storage. | 15 | | "Electronic Consent Form" means an electronic | 16 | | authorization between customer and claimant authorizing the | 17 | | repairs or storage. | 18 | | "Lienholder" means the person or entity listed as such on | 19 | | the vehicle certificate of title. | 20 | | "Oral Consent Form" means: if the customer's authorization | 21 | | is oral, the claimant shall note, on both the written estimate | 22 | | or firm price quotation and the invoice, the name of the person | 23 | | authorizing the repairs, the date, the time, and the telephone | 24 | | number called, if any; any charge for parts of labor in excess | 25 | | of the original estimate must be separately authorized by the |
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| 1 | | customer. | 2 | | "Owner" means the person or entity listed on the vehicle | 3 | | certificate of title. | 4 | | "Signature Consent Form" means an authorization form | 5 | | signed by the customer and the claimant authorizing the repairs | 6 | | or storage. | 7 | | (b) If a vehicle is not redeemed by the customer within 60 | 8 | | days after completion of the requested services or after the | 9 | | date agreed upon by the parties, whichever is later, the | 10 | | claimant may begin to foreclose the mechanic's lien provided | 11 | | hereby by a commercially reasonable public or private sale of | 12 | | the motor vehicle. If no repairs were made, the claimant may | 13 | | foreclose a lien for storage services 30 days after the | 14 | | claimant provided an estimate to the owner or customer, and in | 15 | | any case within 45 days thereafter. | 16 | | (c) The sale of the vehicle shall occur only after | 17 | | providing notice to the lienholder and owner of the time and | 18 | | place of the sale. The claimant shall request the title records | 19 | | of the vehicle from the Secretary of State at which time the | 20 | | Secretary of State Shall also run a LEADS search to determine | 21 | | if the vehicle was reported stolen. If the Secretary of State | 22 | | cannot provide ownership information, the following means | 23 | | shall be used to identify the owner and lienholder: | 24 | | (1) using the vehicle identification number to conduct | 25 | | a search through a commercial, nationwide motor vehicle | 26 | | information service; and |
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| 1 | | (2) inspecting the vehicle for evidence of the name or | 2 | | address of the owner or state of registration. | 3 | | If evidence of the state of registration is found, the | 4 | | motor vehicle department of the particular state shall be | 5 | | contacted and requested to perform a record search for the name | 6 | | and address of any owner or lienholder. In lieu of contacting a | 7 | | motor vehicle department, the request for the name and address | 8 | | of any owner or lienholder may be made to any private entity | 9 | | approved by the Secretary of State for this purpose. | 10 | | (d) The claimant shall send notice by certified mail no | 11 | | less than 30 days prior to the sale to the owner and any | 12 | | lienholder. The notice sent to a lienholder shall be sent | 13 | | certified mail, return receipt requested. The notice sent to | 14 | | the owner shall be sent to the addresses provided in the | 15 | | records search and to any secondary address provided to the | 16 | | claimant by the vehicle owner or customer. The notice shall | 17 | | include the name, address, and telephone number of the | 18 | | claimant, the hours of operation, the total amount owed for | 19 | | labor and materials furnished, the amount claimed for storage, | 20 | | the time and place of the sale, and whether the sale will be a | 21 | | private or public sale. The sale must be held at the business | 22 | | location of the claimant. | 23 | | (e) In addition to the certified notice required under | 24 | | subsection (d) 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 lienholder and a | 6 | | description of the vehicle including the vehicle | 7 | | identification number, make, model, and year of | 8 | | manufacture; | 9 | | (3) the amount owed; and | 10 | | (4) a statement that, unless the vehicle is redeemed | 11 | | prior to the date of the sale, it will be sold at sale. | 12 | | (f) The owner, customer, or lienholder may redeem the | 13 | | vehicle any time during normal business hours prior to the date | 14 | | of the sale. If the vehicle is not redeemed prior to the sale, | 15 | | the claimant may sell the vehicle at the time and place and in | 16 | | the manner specified in the notice to satisfy the lien amount. | 17 | | (g) After the sale, the purchaser shall apply for a | 18 | | certificate of title, salvage certificate, or junking | 19 | | certificate for the vehicle as required by law. The purchaser | 20 | | shall submit a title application along with the following | 21 | | documentation to the Secretary of State: | 22 | | (1) a detailed, itemized invoice, including labor and | 23 | | parts, as originally prepared by the repairer, rebuilder, | 24 | | or other entity; | 25 | | (2) pictures of the vehicle; | 26 | | (3) an affirmation executed by the purchaser and the |
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| 1 | | claimant on a form promulgated or approved by the Secretary | 2 | | of State; | 3 | | (4) proof of a title record search; | 4 | | (5) proof of certified mail notice to the owner and | 5 | | proof of a signed return receipt from the lienholder or | 6 | | undelivered returned envelope containing the notice | 7 | | addressed to the lienholder; | 8 | | (6) proof of published notice (not required for a | 9 | | junking certificate); and | 10 | | (7) the customer's consent. | 11 | | If the title application contains the required components | 12 | | itemized in this subsection, the Secretary of State shall issue | 13 | | the title within 45 days. | 14 | | (h) Daily storage charges shall not commence earlier than | 15 | | 10 days after the customer has relinquished possession of the | 16 | | vehicle to the claimant and shall not exceed the maximum daily | 17 | | storage rate authorized by the Illinois Commerce Commission | 18 | | from time to time under the Illinois Commercial Relocation of | 19 | | Trespassing Vehicles Law. | 20 | | (i) The amounts claimed in the notice provided in | 21 | | subsection (d) shall not be increased or decreased prior to the | 22 | | sale, except with the consent of the owner or lienholder of the | 23 | | vehicle. | 24 | | (j) Nothing in this Section 1.5 in intended to or shall be | 25 | | construed to impair of affect the existing rights and | 26 | | priorities of any lienholder to have or recover possession of |
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| 1 | | any vehicle. ".
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