Bill Amendment: IL SB1694 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LABOR&STORAGE LIENS-NOTICES
Status: 2017-08-24 - Public Act . . . . . . . . . 100-0311 [SB1694 Detail]
Download: Illinois-2017-SB1694-Senate_Amendment_001.html
Bill Title: LABOR&STORAGE LIENS-NOTICES
Status: 2017-08-24 - Public Act . . . . . . . . . 100-0311 [SB1694 Detail]
Download: Illinois-2017-SB1694-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1694
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2 | AMENDMENT NO. ______. Amend Senate Bill 1694 on page 13, | ||||||
3 | line 25, by deleting " vehicle owner and "; and
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4 | on page 14, by replacing lines 7 through 9 with the following:
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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
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9 | on page 14, line 12, after " shall ", by inserting " be effective | ||||||
10 | upon mailing and "; and
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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
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2 | on page 14, line 16, by deleting " vehicle owner or "; and
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3 | on page 14, line 18, by deleting " vehicle owner or "; and
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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
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8 | on page 14, line 21, by deleting " owner and "; and
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9 | on page 15, line 1, by deleting " vehicle owner or "; and
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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
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13 | on page 15, line 7, by changing " Section " to " Section, the | ||||||
14 | lienholder "; and
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15 | on page 15, line 8, by deleting " by the lienholder "; and
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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
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4 | on page 16, line 1, by deleting " owner "; and
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5 | on page 16, line 2, by deleting " and "; and
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6 | on page 16, by inserting immediately below line 3 the | ||||||
7 | following:
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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
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2 | on page 16, line 12, after "mail,", by inserting " return | ||||||
3 | receipt requested, "; and
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4 | on page 16, lines 12 and 13, by deleting " vehicle owner and "; | ||||||
5 | and
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6 | on page 16, line 15, after "shall", by inserting " be effective | ||||||
7 | upon mailing and "; and
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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
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15 | on page 16, lines 18 and 19, by deleting " vehicle owner or "; | ||||||
16 | and
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17 | on page 16, line 21, by deleting " vehicle owner or "; and
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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
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4 | on page 16, line 24, by deleting " owner and "; and
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5 | on page 17, line 6, by deleting " vehicle owner or "; and
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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
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9 | on page 17, line 12, by changing " Section " to " Section, the | ||||||
10 | lienholder "; and
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11 | on page 17, lines 12 and 13, by deleting " by the lienholder "; | ||||||
12 | and
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13 | on page 17, by replacing lines 15 through 24 with the | ||||||
14 | following:
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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
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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:
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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
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21 | on page 18, line 10, by deleting " vehicle owner and "; and
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22 | on page 18, line 15, after "mail,", by inserting " return |
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1 | receipt requested, "; and
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2 | on page 18, lines 15 and 16, by deleting " vehicle owner and "; | ||||||
3 | and
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4 | on page 18, line 18, after "shall", by inserting " be effective | ||||||
5 | upon mailing and "; and
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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
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13 | on page 18, lines 21 and 22, by deleting " vehicle owner or "; | ||||||
14 | and
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15 | on page 18, line 24, by deleting " vehicle owner or "; and
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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
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2 | on page 19, line 9, by deleting " vehicle owner or "; and
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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
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6 | on page 19, line 15, by changing " Section " to " Section, the | ||||||
7 | lienholder "; and
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8 | on page 19, lines 15 and 16, by deleting " by the lienholder "; | ||||||
9 | and
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10 | on page 19, by replacing lines 18 through 26 with the | ||||||
11 | following:
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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
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15 | on page 20, by deleting line 1; and
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16 | on page 20, line 6, by deleting " owner and "; and
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17 | on page 20, by inserting immediately below line 8 the |
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1 | following:
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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
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20 | on page 20, line 10, by changing "upon" to "90 days after".
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