Bill Amendment: IL SB0141 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: BUSINESS-TECH

Status: 2016-07-31 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0141 Detail]

Download: Illinois-2015-SB0141-Senate_Amendment_001.html

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Sen. Steve Stadelman

Filed: 4/1/2015

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AMENDMENT TO SENATE BILL 141
AMENDMENT NO. ______. Amend Senate Bill 141 by replacing
everything after the enacting clause with the following:
"Section 5. The Uniform Commercial Code is amended by
changing Section 9-609 as follows:
(810 ILCS 5/9-609)
Sec. 9-609. Secured party's right to take possession after
default.
(a) Possession; rendering equipment unusable; disposition
on debtor's premises. After default, a secured party:
(1) may take possession of the collateral; and
(2) without removal, may render equipment unusable and
dispose of collateral on a debtor's premises under Section
9-610.
A secured party may not disable or render unusable any
computer program or other similar device embedded in the

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collateral if immediate injury to any person or property is a
reasonably foreseeable consequence of such action. A secured
party who disables or renders unusable such a computer program
or other similar device in such circumstances shall be liable
in accordance with applicable rules of law to any person who
sustains an injury to person or property as a reasonably
foreseeable result of the secured party's action.
A secured party shall not disable a vehicle by using
starter interrupt technology unless the secured party complies
with all of the following:
(A) At the time of the sale, the secured party provides
the buyer written notice of both of the following:
(i) That the vehicle is equipped with starter
interrupt technology that the secured party can use to
shut down the vehicle remotely.
(ii) That a warning will be provided no less than
48 hours before the use of the starter interrupt
technology to shut down the vehicle remotely and the
manner and method in which that warning will occur. The
secured party shall offer the buyer a choice of warning
methods, including warning from the device, telephone
call, e-mail, or text message, if available, provided
that the warning method does not violate applicable
State or federal law.
(B) At least 30 days prior to disabling the vehicle for
the buyer's failure to tender timely loan repayments, the

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secured party provides the buyer written notice of all of
the following:
(i) That the loan is past due.
(ii) That the secured party may use starter
interrupt technology to disable the vehicle within 30
days after the mailing date of the notice.
(iii) The amount currently due on the loan.
(iv) The acceptable forms of payment of the amount
currently due.
(v) That the vehicle will not be disabled if the
buyer tenders the amount currently due on the loan to
the secured party in an acceptable form of payment
within 30 days after the mailing date of the notice.
(vi) That, if the loan is not paid, a warning will
be provided using the warning method specified at the
time of sale to the buyer no less than 48 hours before
the use of the starter interrupt technology to shut
down the vehicle remotely.
In the event of an emergency, the buyer will be provided
with the ability to start a secured party-disabled vehicle for
no less than 24 hours after the vehicle's initial disablement.
(b) Judicial and nonjudicial process. A secured party may
proceed under subsection (a):
(1) pursuant to judicial process; or
(2) without judicial process, if it proceeds without
breach of the peace.

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(c) Assembly of collateral. If so agreed, and in any event
after default, a secured party may require the debtor to
assemble the collateral and make it available to the secured
party at a place to be designated by the secured party which is
reasonably convenient to both parties.
(Source: P.A. 91-893, eff. 7-1-01.)".