Full Text of SB1694 100th General Assembly
SB1694sam001 100TH GENERAL ASSEMBLY | Sen. David Koehler Filed: 4/4/2017
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| 1 | | AMENDMENT TO SENATE BILL 1694
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1694 on page 13, | 3 | | line 25, by deleting " vehicle owner and "; and
| 4 | | on page 14, by replacing lines 7 through 9 with the following: | 5 | | " must provide written notice within one business day after the | 6 | | vehicle is removed or towed, by certified mail, return receipt | 7 | | requested, to the lienholder of record, regardless of whether | 8 | | the commercial "; and
| 9 | | on page 14, line 12, after " shall ", by inserting " be effective | 10 | | upon mailing and "; and
| 11 | | on page 14, line 15, after " stored. ", by inserting " The date on | 12 | | which the assessment and accrual of storage fees may commence | 13 | | is the date of the impoundment of the vehicle, subject to any | 14 | | applicable limitations set forth by a municipality authorizing |
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| 1 | | the vehicle removal. "; and
| 2 | | on page 14, line 16, by deleting " vehicle owner or "; and
| 3 | | on page 14, line 18, by deleting " vehicle owner or "; and
| 4 | | on page 14, line 19, after " vehicle. ", by inserting " The | 5 | | commercial vehicle relocator or other private towing service | 6 | | shall furnish a copy of the certified mail receipt to the | 7 | | lienholder upon request. "; and
| 8 | | on page 14, line 21, by deleting " owner and "; and
| 9 | | on page 15, line 1, by deleting " vehicle owner or "; and
| 10 | | on page 15, line 4, by changing " A lienholder that " to " If the | 11 | | notification required under subsection (a) was not sent and a | 12 | | lienholder "; and
| 13 | | on page 15, line 7, by changing " Section " to " Section, the | 14 | | lienholder "; and
| 15 | | on page 15, line 8, by deleting " by the lienholder "; and
| 16 | | on page 15, by replacing line 11 through 20 with the following: |
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| 1 | | " (d) An action under this Section may be brought by the | 2 | | lienholder against the commercial vehicle locator or other | 3 | | private towing service in the circuit court. "; and
| 4 | | on page 16, line 1, by deleting " owner "; and
| 5 | | on page 16, line 2, by deleting " and "; and
| 6 | | on page 16, by inserting immediately below line 3 the | 7 | | following: | 8 | | " (f) If the vehicle that is removed or towed is registered | 9 | | in a state other than Illinois, the assessment and accrual of | 10 | | storage fees may commence on the date that the request for | 11 | | lienholder information is filed by the commercial vehicle | 12 | | relocator or other private towing service with the applicable | 13 | | administrative agency or office in that state if: (i) the | 14 | | commercial vehicle relocator or other private towing service | 15 | | furnishes the lienholder with a copy or proof of filing of the | 16 | | request for lienholder information; (ii) the commercial | 17 | | vehicle relocator or other private towing service provides to | 18 | | the lienholder of record the notification required by this | 19 | | Section within one business day after receiving the requested | 20 | | lienholder information; and (iii) the assessment of storage | 21 | | fees complies with any applicable limitations set forth by a | 22 | | municipality authorizing the vehicle removal. "; and |
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| 1 | | on page 16, line 7, by deleting " vehicle owner and "; and
| 2 | | on page 16, line 12, after "mail,", by inserting " return | 3 | | receipt requested, "; and
| 4 | | on page 16, lines 12 and 13, by deleting " vehicle owner and "; | 5 | | and
| 6 | | on page 16, line 15, after "shall", by inserting " be effective | 7 | | upon mailing and "; and
| 8 | | on page 16, line 18, after "stored.", by inserting " For | 9 | | impounded vehicles, the date on which the assessment and | 10 | | accrual of storage fees may commence is the date of the | 11 | | impoundment of the vehicle, subject to any applicable | 12 | | limitations set forth by a municipality authorizing the vehicle | 13 | | removal, if the notification required under this Section is | 14 | | sent to the lienholder of record within one business day. "; and
| 15 | | on page 16, lines 18 and 19, by deleting " vehicle owner or "; | 16 | | and
| 17 | | on page 16, line 21, by deleting " vehicle owner or "; and
| 18 | | on page 16, line 22, after " vehicle ", by inserting " . The |
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| 1 | | person, firm, or private corporation seeking to impose storage | 2 | | fees shall furnish a copy of the certified mail receipt to the | 3 | | lienholder upon request "; and
| 4 | | on page 16, line 24, by deleting " owner and "; and
| 5 | | on page 17, line 6, by deleting " vehicle owner or "; and
| 6 | | on page 17, line 9, by changing " A lienholder that " to " If the | 7 | | notification required under subsection (a) was not sent and a | 8 | | lienholder "; and
| 9 | | on page 17, line 12, by changing " Section " to " Section, the | 10 | | lienholder "; and
| 11 | | on page 17, lines 12 and 13, by deleting " by the lienholder "; | 12 | | and
| 13 | | on page 17, by replacing lines 15 through 24 with the | 14 | | following: | 15 | | " (d) An action under this Section may be brought by the | 16 | | lienholder against the person, firm, or private corporation in | 17 | | the circuit court. "; and
| 18 | | on page 18, line 3, by deleting " owner and "; and |
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| 1 | | on page 18, by inserting immediately below line 5 the | 2 | | following:
| 3 | | " (f) If the vehicle that is incurring storage fees is | 4 | | registered in a state other than Illinois, the assessment and | 5 | | accrual of storage fees may commence on the date that the | 6 | | request for lienholder information is filed with the applicable | 7 | | administrative agency or office in that state by the person, | 8 | | firm, or private corporation seeking to impose fees, if the | 9 | | following conditions are met: (i) the person, firm, or private | 10 | | corporation furnishes the lienholder with a copy or proof of | 11 | | filing of the request for lienholder information; (ii) the | 12 | | person, firm, or private corporation provides to the lienholder | 13 | | of record the notification required by this Section within one | 14 | | business day after receiving the requested lienholder | 15 | | information; and (iii) the assessment of storage fees complies | 16 | | with any applicable limitations set forth by a municipality | 17 | | authorizing the vehicle removal. | 18 | | (g) This Section does not apply to a municipality with | 19 | | 1,000,000 or more inhabitants that is seeking to impose storage | 20 | | fees for a vehicle in its possession. "; and | 21 | | on page 18, line 10, by deleting " vehicle owner and "; and
| 22 | | on page 18, line 15, after "mail,", by inserting " return |
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| 1 | | receipt requested, "; and
| 2 | | on page 18, lines 15 and 16, by deleting " vehicle owner and "; | 3 | | and
| 4 | | on page 18, line 18, after "shall", by inserting " be effective | 5 | | upon mailing and "; and | 6 | | on page 18, line 21, after "stored.", by inserting " For | 7 | | impounded vehicles, the date on which the assessment and | 8 | | accrual of storage fees may commence is the date of the | 9 | | impoundment of the vehicle, subject to any applicable | 10 | | limitations set forth by a municipality authorizing the vehicle | 11 | | removal, if the notification required under this Section is | 12 | | sent to the lienholder of record within one business day. "; and
| 13 | | on page 18, lines 21 and 22, by deleting " vehicle owner or "; | 14 | | and
| 15 | | on page 18, line 24, by deleting " vehicle owner or "; and
| 16 | | on page 19, line 1, after " vehicle ", by inserting " . The | 17 | | person, firm, or private corporation seeking to impose storage | 18 | | fees shall furnish a copy of the certified mail receipt to the | 19 | | lienholder upon request "; and
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| 1 | | on page 19, line 3, by deleting " owner and "; and
| 2 | | on page 19, line 9, by deleting " vehicle owner or "; and
| 3 | | on page 19, line 12, by changing " A lienholder that " to " If the | 4 | | notification required under subsection (a) was not sent and a | 5 | | lienholder "; and
| 6 | | on page 19, line 15, by changing " Section " to " Section, the | 7 | | lienholder "; and
| 8 | | on page 19, lines 15 and 16, by deleting " by the lienholder "; | 9 | | and
| 10 | | on page 19, by replacing lines 18 through 26 with the | 11 | | following: | 12 | | " (d) An action under this Section may be brought by the | 13 | | lienholder against the person, firm, or private corporation in | 14 | | the circuit court. "; and
| 15 | | on page 20, by deleting line 1; and | 16 | | on page 20, line 6, by deleting " owner and "; and | 17 | | on page 20, by inserting immediately below line 8 the |
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| 1 | | following:
| 2 | | " (f) If the vehicle that is incurring storage fees is | 3 | | registered in a state other than Illinois, the assessment and | 4 | | accrual of storage fees may commence on the date that the | 5 | | request for lienholder information is filed with the applicable | 6 | | administrative agency or office in that state by the person, | 7 | | firm, or private corporation seeking to impose fees, if the | 8 | | following conditions are met: (i) the person, firm, or private | 9 | | corporation furnishes the lienholder with a copy or proof of | 10 | | filing of the request for lienholder information; (ii) the | 11 | | person, firm, or private corporation provides to the lienholder | 12 | | of record the notification required by this Section within one | 13 | | business day after receiving the requested lienholder | 14 | | information; and (iii) the assessment of storage fees complies | 15 | | with any applicable limitations set forth by a municipality | 16 | | authorizing the vehicle removal. | 17 | | (g) This Section does not apply to a municipality with | 18 | | 1,000,000 or more inhabitants that is seeking to impose storage | 19 | | fees for a vehicle in its possession. "; and | 20 | | on page 20, line 10, by changing "upon" to "90 days after".
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