Bill Amendment: IL SB0682 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CIVIL LAW-TECH

Status: 2015-10-10 - Senate Committee Amendment No. 2 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0682 Detail]

Download: Illinois-2015-SB0682-Senate_Amendment_002.html

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Sen. Michael Noland

Filed: 4/21/2015

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AMENDMENT TO SENATE BILL 682
AMENDMENT NO. ______. Amend Senate Bill 682 by replacing
everything after the enacting clause with the following:
"Section 5. The Labor and Storage Lien Act is amended by
changing Section 1 and adding Section 1.5 as follows:
(770 ILCS 45/1) (from Ch. 82, par. 40)
Sec. 1. Every person, firm or corporation who has expended
labor, skill or materials upon any chattel, or has furnished
storage for said chattel, at the request of its owner, reputed
owner, or authorized agent of the owner, or lawful possessor
thereof, shall have a lien upon such chattel beginning on the
date of the commencement of such expenditure of labor, skill
and materials or of such storage for the contract price for all
such expenditure of labor, skill or materials, or for all such
storage, or in the absence of such contract price, for the
reasonable worth of such expenditure of labor, skill and

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materials, or of such storage, for a period of one year from
and after the completion of such expenditure of labor, skill or
materials, or of such storage, notwithstanding the fact that
the possession of such chattel has been surrendered to the
owner, or lawful possessor thereof. The specific process for
liens on unclaimed motor vehicles for labor, storage, and
materials under this Act are set forth in Section 1.5 of this
Act.
(Source: Laws 1921, p. 508.)
(770 ILCS 45/1.5 new)
Sec. 1.5. Lien foreclosure process.
(a) As used in this Section:
"Claimant" means the person or entity furnishing labor or
materials upon or storage for a motor vehicle.
"Consent" means authorization by a customer by the means of
a Signature Consent Form, Electronic Consent Form, or Oral
Consent Form.
"Customer" means the person or entity which relinquished
the vehicle to the claimant for repair or storage.
"Electronic Consent Form" means an electronic
authorization between customer and claimant authorizing the
repairs or storage.
"Lienholder" means the person or entity listed as such on
the vehicle certificate of title.
"Oral Consent Form" means: if the customer's authorization

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is oral, the claimant shall note, on both the written estimate
or firm price quotation and the invoice, the name of the person
authorizing the repairs, the date, the time, and the telephone
number called, if any; any charge for parts of labor in excess
of the original estimate must be separately authorized by the
customer.
"Owner" means the person or entity listed on the vehicle
certificate of title.
"Signature Consent Form" means an authorization form
signed by the customer and the claimant authorizing the repairs
or storage.
(b) If a vehicle is not redeemed by the customer within 60
days after completion of the requested services or after the
date agreed upon by the parties, whichever is later, the
claimant may begin to foreclose the mechanic's lien provided
hereby by a commercially reasonable public or private sale of
the motor vehicle. If no repairs were made, the claimant may
foreclose a lien for storage services 30 days after the
claimant provided an estimate to the owner or customer, and in
any case within 45 days thereafter.
(c) The sale of the vehicle shall occur only after
providing notice to the lienholder and owner of the time and
place of the sale. The claimant shall request the title records
of the vehicle from the Secretary of State at which time the
Secretary of State Shall also run a LEADS search to determine
if the vehicle was reported stolen. If the Secretary of State

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cannot provide ownership information, the following means
shall be used to identify the owner and lienholder:
(1) using the vehicle identification number to conduct
a search through a commercial, nationwide motor vehicle
information service; and
(2) inspecting the vehicle for evidence of the name or
address of the owner or state of registration.
If evidence of the state of registration is found, the
motor vehicle department of the particular state shall be
contacted and requested to perform a record search for the name
and address of any owner or lienholder. In lieu of contacting a
motor vehicle department, the request for the name and address
of any owner or lienholder may be made to any private entity
approved by the Secretary of State for this purpose.
(d) The claimant shall send notice by certified mail no
less than 30 days prior to the sale to the owner and any
lienholder. The notice sent to a lienholder shall be sent
certified mail, return receipt requested. The notice sent to
the owner shall be sent to the addresses provided in the
records search and to any secondary address provided to the
claimant by the vehicle owner or customer. The notice shall
include the name, address, and telephone number of the
claimant, the hours of operation, the total amount owed for
labor and materials furnished, the amount claimed for storage,
the time and place of the sale, and whether the sale will be a
private or public sale. The sale must be held at the business

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location of the claimant.
(e) In addition to the certified notice required under
subsection (d) of this Section, the claimant shall publish one
notice of the sale in a newspaper of general circulation in the
city, county, village, municipality, or township where the
claimant provided services for the vehicle. The notice shall be
published no less than 14 days prior to the date and time of
the sale and shall set forth:
(1) the date, time, and location of the sale;
(2) the name of the vehicle owner and lienholder and a
description of the vehicle including the vehicle
identification number, make, model, and year of
manufacture;
(3) the amount owed; and
(4) a statement that, unless the vehicle is redeemed
prior to the date of the sale, it will be sold at sale.
(f) The owner, customer, or lienholder may redeem the
vehicle any time during normal business hours prior to the date
of the sale. If the vehicle is not redeemed prior to the sale,
the claimant may sell the vehicle at the time and place and in
the manner specified in the notice to satisfy the lien amount.
(g) After the sale, the purchaser shall apply for a
certificate of title, salvage certificate, or junking
certificate for the vehicle as required by law. The purchaser
shall submit a title application along with the following
documentation to the Secretary of State:

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(1) a detailed, itemized invoice, including labor and
parts, as originally prepared by the repairer, rebuilder,
or other entity;
(2) pictures of the vehicle;
(3) an affirmation executed by the purchaser and the
claimant on a form promulgated or approved by the Secretary
of State;
(4) proof of a title record search;
(5) proof of certified mail notice to the owner and
proof of a signed return receipt from the lienholder or
undelivered returned envelope containing the notice
addressed to the lienholder;
(6) proof of published notice (not required for a
junking certificate); and
(7) the customer's consent.
If the title application contains the required components
itemized in this subsection, the Secretary of State shall issue
the title within 45 days.
(h) Daily storage charges shall not commence earlier than
10 days after the customer has relinquished possession of the
vehicle to the claimant and shall not exceed the maximum daily
storage rate authorized by the Illinois Commerce Commission
from time to time under the Illinois Commercial Relocation of
Trespassing Vehicles Law.
(i) The amounts claimed in the notice provided in
subsection (d) shall not be increased or decreased prior to the

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sale, except with the consent of the owner or lienholder of the
vehicle.
(j) Nothing in this Section 1.5 in intended to or shall be
construed to impair of affect the existing rights and
priorities of any lienholder to have or recover possession of
any vehicle.
Section 10. The Labor and Storage Lien (Small Amount) Act
is amended by changing Section 1 and adding Section 1.5 as
follows:
(770 ILCS 50/1) (from Ch. 82, par. 47a)
Sec. 1. Every person expending labor, services, skill or
material upon or furnishing storage for any chattel at the
request of or with the consent of its owner, authorized agent
of the owner, or lawful possessor thereof, in the amount of
$2,000 or less, shall have a lien upon such chattel beginning
upon the date of commencement of such expenditure of labor,
services, skill, or materials or furnishing of storage, for the
contract price for all such expenditure of labor, services,
skill, or material, until the possession of such chattel is
voluntarily relinquished to such owner or authorized agent, or
to one entitled to the possession thereof. The specific process
for liens on unclaimed motor vehicles for labor, storage, and
materials under this Act are set forth in Section 1.5 of this
Act.

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For the purposes of this Act, a person, other than a driver
or a person otherwise in control of a fire, police, emergency
or public utility vehicle on official business, consents to
removal by towing of his or her vehicle when he or she without
authorization parks such vehicle upon private property while
having notice that unauthorized vehicles will be towed from
such property by the owner of such property, or agent thereof,
at the vehicle owner's expense, where such notice is provided
pursuant to State law, local ordinances or regulation by any
state or local agency. Such notice must include a sign of at
least 24 inches in height by 36 inches in width posted in a
conspicuous place in the affected area at least 4 feet from the
ground but not more than 8 feet from the ground. Such sign
shall be either illuminated or painted with reflective paint,
or both and shall state the amount of towing charges to which
the person may be subjected. However, the requirement of the
sign provided for in this section shall not apply to
residential property which, paying due regard to the
circumstances and the surrounding area, is clearly reserved or
intended exclusively for the use or occupation of residents or
their vehicles.
The lien established herein shall also apply to labor,
services, skills or material upon or furnishing storage for
towed vehicles performed by any relocator or any other towing
service pursuant to the order of a law enforcement official or
agency in accordance with Sections 4-201 through 4-214 of The

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Illinois Vehicle Code. The lien created herein shall be valid
even though the towing and storage is performed without the
vehicle owner's consent.
(Source: P.A. 85-1283.)
(770 ILCS 50/1.5 new)
Sec. 1.5. Lien foreclosure process.
(a) As used in this Section:
"Claimant" means the person or entity furnishing labor or
materials upon or storage for a motor vehicle.
"Consent" means authorization by a customer by the means of
a Signature Consent Form, Electronic Consent Form, or Oral
Consent Form.
"Customer" means the person or entity which relinquished
the vehicle to the claimant for repair or storage.
"Electronic Consent Form" means an electronic
authorization between customer and claimant authorizing the
repairs or storage.
"Lienholder" means the person or entity listed as such on
the vehicle certificate of title.
"Oral Consent Form" means: if the customer's authorization
is oral, the claimant shall note, on both the written estimate
or firm price quotation and the invoice, the name of the person
authorizing the repairs, the date, the time, and the telephone
number called, if any; any charge for parts of labor in excess
of the original estimate must be separately authorized by the

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customer.
"Owner" means the person or entity listed on the vehicle
certificate of title.
"Signature Consent Form" means an authorization form
signed by the customer and the claimant authorizing the repairs
or storage.
(b) If a vehicle is not redeemed by the customer within 60
days after completion of the requested services or after the
date agreed upon by the parties, whichever is later, the
claimant may begin to foreclose the mechanic's lien provided
hereby by a commercially reasonable public or private sale of
the motor vehicle. If no repairs were made, the claimant may
foreclose a lien for storage services 30 days after the
claimant provided an estimate to the owner or customer, and in
any case within 45 days thereafter.
(c) The sale of the vehicle shall occur only after
providing notice to the lienholder and owner of the time and
place of the sale. The claimant shall request the title records
of the vehicle from the Secretary of State at which time the
Secretary of State Shall also run a LEADS search to determine
if the vehicle was reported stolen. If the Secretary of State
cannot provide ownership information, the following means
shall be used to identify the owner and lienholder:
(1) using the vehicle identification number to conduct
a search through a commercial, nationwide motor vehicle
information service; and

09900SB0682sam002 - 11 - LRB099 07440 JLS 34147 a
(2) inspecting the vehicle for evidence of the name or
address of the owner or state of registration.
If evidence of the state of registration is found, the
motor vehicle department of the particular state shall be
contacted and requested to perform a record search for the name
and address of any owner or lienholder. In lieu of contacting a
motor vehicle department, the request for the name and address
of any owner or lienholder may be made to any private entity
approved by the Secretary of State for this purpose.
(d) The claimant shall send notice by certified mail no
less than 30 days prior to the sale to the owner and any
lienholder. The notice sent to a lienholder shall be sent
certified mail, return receipt requested. The notice sent to
the owner shall be sent to the addresses provided in the
records search and to any secondary address provided to the
claimant by the vehicle owner or customer. The notice shall
include the name, address, and telephone number of the
claimant, the hours of operation, the total amount owed for
labor and materials furnished, the amount claimed for storage,
the time and place of the sale, and whether the sale will be a
private or public sale. The sale must be held at the business
location of the claimant.
(e) In addition to the certified notice required under
subsection (d) of this Section, the claimant shall publish one
notice of the sale in a newspaper of general circulation in the
city, county, village, municipality, or township where the

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claimant provided services for the vehicle. The notice shall be
published no less than 14 days prior to the date and time of
the sale and shall set forth:
(1) the date, time, and location of the sale;
(2) the name of the vehicle owner and lienholder and a
description of the vehicle including the vehicle
identification number, make, model, and year of
manufacture;
(3) the amount owed; and
(4) a statement that, unless the vehicle is redeemed
prior to the date of the sale, it will be sold at sale.
(f) The owner, customer, or lienholder may redeem the
vehicle any time during normal business hours prior to the date
of the sale. If the vehicle is not redeemed prior to the sale,
the claimant may sell the vehicle at the time and place and in
the manner specified in the notice to satisfy the lien amount.
(g) After the sale, the purchaser shall apply for a
certificate of title, salvage certificate, or junking
certificate for the vehicle as required by law. The purchaser
shall submit a title application along with the following
documentation to the Secretary of State:
(1) a detailed, itemized invoice, including labor and
parts, as originally prepared by the repairer, rebuilder,
or other entity;
(2) pictures of the vehicle;
(3) an affirmation executed by the purchaser and the

09900SB0682sam002 - 13 - LRB099 07440 JLS 34147 a
claimant on a form promulgated or approved by the Secretary
of State;
(4) proof of a title record search;
(5) proof of certified mail notice to the owner and
proof of a signed return receipt from the lienholder or
undelivered returned envelope containing the notice
addressed to the lienholder;
(6) proof of published notice (not required for a
junking certificate); and
(7) the customer's consent.
If the title application contains the required components
itemized in this subsection, the Secretary of State shall issue
the title within 45 days.
(h) Daily storage charges shall not commence earlier than
10 days after the customer has relinquished possession of the
vehicle to the claimant and shall not exceed the maximum daily
storage rate authorized by the Illinois Commerce Commission
from time to time under the Illinois Commercial Relocation of
Trespassing Vehicles Law.
(i) The amounts claimed in the notice provided in
subsection (d) shall not be increased or decreased prior to the
sale, except with the consent of the owner or lienholder of the
vehicle.
(j) Nothing in this Section 1.5 in intended to or shall be
construed to impair of affect the existing rights and
priorities of any lienholder to have or recover possession of

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any vehicle.".