Bill Amendment: IL HB4627 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: STORAGE FACILITY-LIEN ENFORCE

Status: 2022-03-04 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB4627 Detail]

Download: Illinois-2021-HB4627-House_Amendment_001.html

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Rep. Michael Halpin

Filed: 2/22/2022

10200HB4627ham001 LRB102 24546 LNS 36679 a
AMENDMENT TO HOUSE BILL 4627
AMENDMENT NO. ______. Amend House Bill 4627 by replacing
everything after the enacting clause with the following:
"Section 5. The Self-Service Storage Facility Act is
amended by changing Section 4 and by adding by adding Section 8
as follows:
(770 ILCS 95/4) (from Ch. 114, par. 804)
Sec. 4. Enforcement of lien. An owner's lien as provided
for in Section 3 of this Act for a claim which has become due
may be satisfied as follows:
(A) The occupant and an alternative contact, if any, shall
be notified.
(B) The notice shall be delivered:
(1) in person; or
(2) by verified mail or by electronic mail to the last
known address of the occupant and to the alternative

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contact, if any.
(C) The notice shall include:
(1) An itemized statement of the owner's claim showing
the sum due at the time of the notice and the date when the
sum became due;
(2) The name of the facility, address, telephone
number, date, time, location, and manner of the lien sale,
and the occupant's name and unit number;
(3) A notice of denial of access to the personal
property, if such denial is permitted under the terms of
the rental agreement, which provides the name, street
address, and telephone number of the owner, or his
designated agent, whom the occupant may contact to respond
to this notice;
(3.5) Except as otherwise provided by a rental
agreement and until a lien sale, the exclusive care,
custody, and control of all personal property stored in
the leased self-service storage space remains vested in
the occupant. No bailment or higher level of liability is
created if the owner over-locks the occupant's lock,
thereby denying the occupant access to the storage space.
Rent and other charges related to the lien continue to
accrue during the period of time when access is denied
because of non-payment;
(4) A demand for payment within a specified time not
less than 14 days after delivery of the notice;

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(5) A conspicuous statement that unless the claim is
paid within the time stated in the notice, the personal
property will be advertised for sale or other disposition,
and will be sold or otherwise disposed of at a specified
time and place.
(D) Any notice made pursuant to this Section shall be
presumed delivered when it is deposited with the United States
Postal Service, and properly addressed with postage prepaid or
sent by electronic mail and the owner receives a receipt of
delivery to the occupant's last known address, except if the
owner does not receive a receipt of delivery for the notice
sent by electronic mail, the notice is presumed delivered when
it is sent to the occupant by verified mail to the occupant's
last known mailing address.
(E) After the expiration of the time given in the notice,
an advertisement of the sale or other disposition shall be
published once a week for two consecutive weeks in a newspaper
of general circulation where the self-service storage facility
is located or in any other commercially reasonable manner. The
manner of advertisement shall be deemed commercially
reasonable if at least 3 bidders who are unrelated to the owner
attend or view the sale at the time and place advertised. The
advertisement shall include:
(1) The name of the facility, address, telephone
number, date, time, location, and manner of lien sale and
the occupant's name and unit number.

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(2) (Blank).
(3) The sale or other disposition shall take place not
sooner than 15 days after the first publication. If there
is no newspaper of general circulation where the
self-service storage facility is located, the
advertisement shall be posted at least 10 days before the
date of the sale or other disposition in not less than 6
conspicuous places in the neighborhood where the
self-service storage facility is located.
(E-5) After the expiration of the time given in the
notice, the occupant and the alternative contact, if any,
shall be notified of the sale or other disposition, which
shall be delivered either (i) in person, or (ii) by verified
mail or by electronic mail to the last known address of the
occupant. The notice shall contain the information included in
the advertisement pursuant to subsection (E).
(F) Any sale or other disposition of the personal property
shall conform to the terms of the notification as provided for
in this Section.
(G) Any sale or other disposition of the personal property
shall be held at the self-service storage facility, or at the
nearest suitable place to where the personal property is held
or stored. A sale under this Section shall be deemed to be held
at the self-service storage facility where the personal
property is stored if the sale is held on a publicly accessible
online website.

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(G-5) If the property upon which the lien is claimed is a
motor vehicle or watercraft and rent or other charges related
to the property remain unpaid or unsatisfied for 60 days, the
owner may have the property towed from the self-service
storage facility. If a motor vehicle or watercraft is towed,
the owner shall not be liable for any damage to the motor
vehicle or watercraft, once the tower takes possession of the
property. After the motor vehicle or watercraft is towed, the
owner may pursue other collection options against the
delinquent occupant for any outstanding debt. If the owner
chooses to sell a motor vehicle, aircraft, mobile home, moped,
motorcycle, snowmobile, trailer, or watercraft, the owner
shall contact the Secretary of State and any other
governmental agency as reasonably necessary to determine the
name and address of the title holder or lienholder of the item,
and the owner shall notify every identified title holder or
lienholder of the time and place of the proposed sale. The
owner is required to notify the holder of a security interest
only if the security interest is filed under the name of the
person signing the rental agreement or an occupant. An owner
who fails to make the lien searches required by this Section is
liable only to valid lienholders injured by that failure as
provided in Section 3.
(H) Before any sale or other disposition of personal
property pursuant to this Section, the occupant may pay the
amount necessary to satisfy the lien, and the reasonable

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expenses incurred under this Section, and thereby redeem the
personal property. Upon receipt of such payment, the owner
shall return the personal property, and thereafter the owner
shall have no liability to any person with respect to such
personal property.
(I) A purchaser in good faith of the personal property
sold to satisfy a lien, as provided for in Section 3 of this
Act, takes the property free of any rights of persons against
whom the lien was valid, despite noncompliance by the owner
with the requirements of this Section.
(J) In the event of a sale under this Section, the owner
may satisfy his lien from the proceeds of the sale, but shall
hold the balance, if any, for delivery on demand to the
occupant. If the occupant does not claim the balance of the
proceeds within one year of the date of sale, it shall become
the property of the owner without further recourse by the
occupant.
(K) The lien on any personal property created by this Act
shall be terminated as to any such personal property which is
sold or otherwise disposed of pursuant to this Act and any such
personal property which is removed from the self-service
storage facility.
(L) If 3 or more bidders who are unrelated to the owner are
in attendance at a sale held under this Section, the sale and
its proceeds are deemed to be commercially reasonable.
(Source: P.A. 102-687, eff. 12-17-21.)

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(770 ILCS 95/8 new)
Sec. 8. Alternative contact. The rental agreement shall
include space for the occupant to designate an alternative
contact to receive notices required by this Act. The failure
or refusal of an occupant to designate an alternative contact
shall not affect an occupant's or owner's rights or remedies
under this Act or any other provision of law. The alternative
contact, if any, shall not have any rights to access the
storage space or to the personal property stored in the
storage space unless expressly stated otherwise in the rental
agreement.".