Bill Text: IL SB1842 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning the administration of the Code.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2015-01-09 - Public Act . . . . . . . . . 98-1161 [SB1842 Detail]
Download: Illinois-2013-SB1842-Amended.html
Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning the administration of the Code.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2015-01-09 - Public Act . . . . . . . . . 98-1161 [SB1842 Detail]
Download: Illinois-2013-SB1842-Amended.html
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1 | AMENDMENT TO SENATE BILL 1842
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2 | AMENDMENT NO. ______. Amend Senate Bill 1842 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by adding | ||||||
5 | Article 4-4 as follows:
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6 | (625 ILCS 5/Art. 4-4 heading new) | ||||||
7 | ARTICLE 4-4. MECHANIC'S LIENS AGAINST VEHICLES | ||||||
8 | (625 ILCS 5/4-400 new) | ||||||
9 | Sec. 4-400. Applicability. This Article applies to any | ||||||
10 | person or entity providing labor, services, material, or | ||||||
11 | storage for any vehicle at the request of the vehicle owner or | ||||||
12 | authorized agent of the owner.
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13 | (625 ILCS 5/4-401 new) | ||||||
14 | Sec. 4-401. Creation of lien. Any person or entity |
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1 | providing labor, services, material, or storage for any vehicle | ||||||
2 | with the consent of the vehicle owner or authorized agent of | ||||||
3 | the owner shall be entitled to have a lien upon the vehicle for | ||||||
4 | the contracted price of the services provided. Any charges | ||||||
5 | incurred as a result of enforcing a mechanic's lien shall not | ||||||
6 | be added to the contracted price of the services originally | ||||||
7 | provided to the vehicle owner.
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8 | (625 ILCS 5/4-402 new) | ||||||
9 | Sec. 4-402. Consent of vehicle owner. | ||||||
10 | (a) In order to establish a lien under this Article, the | ||||||
11 | claimant must provide proof of consent by the vehicle owner of | ||||||
12 | the contracted services. The vehicle owner's consent shall be | ||||||
13 | demonstrated by a signed work order or estimate. If the vehicle | ||||||
14 | owner's consent is oral, the claimant must provide the work | ||||||
15 | order or estimate that contains the date, time, name of person | ||||||
16 | authorizing the services, the name of the employee who spoke to | ||||||
17 | the person authorizing the services, and the telephone number | ||||||
18 | of the claimant, if any. If the service provided is for storage | ||||||
19 | of a vehicle, the claimant must provide a formal storage | ||||||
20 | agreement, signed by the vehicle owner, setting forth the | ||||||
21 | storage charge. | ||||||
22 | (b) Any vehicle for which the claimant has possession but | ||||||
23 | cannot provide proof of consent of the vehicle owner for labor, | ||||||
24 | services, material, or storage shall be deemed an abandoned | ||||||
25 | vehicle and disposal of the vehicle shall be governed by |
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1 | Chapter 4, Article II of this Code.
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2 | (625 ILCS 5/4-403 new) | ||||||
3 | Sec. 4-403. Foreclosing mechanic's liens. | ||||||
4 | (a) If the vehicle is not redeemed by the owner 30 days | ||||||
5 | after completion of the contracted services or 30 days after | ||||||
6 | the date agreed upon by the parties, whichever is later, the | ||||||
7 | claimant may begin to enforce a mechanic's lien. | ||||||
8 | (b) The sale of a vehicle shall occur only after providing | ||||||
9 | notice to the owner of the time and place of the sale. The | ||||||
10 | claimant shall request the title records of the vehicle from | ||||||
11 | the Secretary of State. If the Secretary of State cannot | ||||||
12 | provide ownership information, the following means shall be | ||||||
13 | used to identify the owner: | ||||||
14 | (1) using the vehicle identification number to conduct | ||||||
15 | a search through a commercial, nation-wide motor vehicle | ||||||
16 | information service; and | ||||||
17 | (2) inspecting the vehicle for any evidence of the name | ||||||
18 | or address of the owner or state of registration. | ||||||
19 | If evidence of the state of registration is found by these | ||||||
20 | means, the motor vehicle department of that particular state | ||||||
21 | shall be contacted and requested to perform a record search for | ||||||
22 | the name and address of any owner or lienholder. | ||||||
23 | (c) The claimant shall send notice by certified mail, no | ||||||
24 | less than 30 days prior to the sale, to the owner of the | ||||||
25 | vehicle and any lienholder. The notice, in addition to being |
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1 | mailed to the addresses provided on the record search, shall | ||||||
2 | also be sent to any secondary address provided to the claimant | ||||||
3 | by the vehicle owner. The notice shall include the name, | ||||||
4 | address and telephone number of the claimant, the hours of | ||||||
5 | operation, the total amount owed, and the time and place of the | ||||||
6 | sale. The sale must be held at the business location of the | ||||||
7 | claimant. | ||||||
8 | (d) In addition to the certified notice under subsection | ||||||
9 | (c) of this Section, the claimant shall publish two notices of | ||||||
10 | the sale in a newspaper of general circulation in the city, | ||||||
11 | village, or township where the claimant provided services for | ||||||
12 | the vehicle. The first notice shall be published no less than | ||||||
13 | 14 days prior to the date and time of the sale and shall set | ||||||
14 | forth: | ||||||
15 | (1) the date, time, and location of the sale; | ||||||
16 | (2) the name of the vehicle owner, a description of the | ||||||
17 | vehicle, including a vehicle identification number, make, | ||||||
18 | model, year of manufacture, and the amount owed; and | ||||||
19 | (3) a statement that unless the vehicle is redeemed | ||||||
20 | prior to the date of the sale, it will be sold at sale. | ||||||
21 | (e) The second notice shall contain the same information as | ||||||
22 | the first notice and shall be published no less than 2 days | ||||||
23 | prior to the sale. | ||||||
24 | (f) The owner or lienholder of the vehicle may redeem the | ||||||
25 | vehicle at any time prior to the date of the sale. If the | ||||||
26 | vehicle is not redeemed prior to the sale, the claimant may |
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1 | sell the vehicle at the time and place specified in the notice | ||||||
2 | to satisfy the lien amount. The proceeds of the sale of the | ||||||
3 | vehicle in excess of the charges of the claimant shall be | ||||||
4 | deposited with the county treasurer where the services of the | ||||||
5 | claimant were provided. If the excess proceeds are not | ||||||
6 | reclaimed by the vehicle owner or lienholder within a period of | ||||||
7 | 6 months, the excess proceeds shall be deposited by the county | ||||||
8 | treasurer to the general revenue fund of the county. | ||||||
9 | (g) After the sale of the vehicle, the entity or individual | ||||||
10 | purchasing the vehicle at sale shall apply for a certificate of | ||||||
11 | title, salvage certificate, or junking certificate for the | ||||||
12 | purchased vehicle as required by law. | ||||||
13 | (h) The entity or individual who purchased the vehicle at | ||||||
14 | sale shall submit a title application along with the following | ||||||
15 | documentation to the Secretary of State: | ||||||
16 | (1) a detailed, itemized estimate or invoice, | ||||||
17 | including labor and parts, as originally prepared by the | ||||||
18 | repairer, rebuilder or other entity; | ||||||
19 | (2) pictures of the vehicle; | ||||||
20 | (3) a mechanic's lien affirmation, completed by the | ||||||
21 | purchaser and the mechanic; | ||||||
22 | (4) proof of a title record search; | ||||||
23 | (5) proof of certified mail notification to the owner | ||||||
24 | and lienholder; | ||||||
25 | (6) proof of published notices; and | ||||||
26 | (7) any other information as required by the Secretary |
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1 | of State. | ||||||
2 | (i) The Secretary of State may adopt rules to implement | ||||||
3 | this Article.
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4 | Section 10. The Labor and Storage Lien Act is amended by | ||||||
5 | changing Section 1 as follows:
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6 | (770 ILCS 45/1) (from Ch. 82, par. 40)
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7 | Sec. 1.
Every person, firm or corporation who has
expended | ||||||
8 | labor, skill or materials upon any chattel, or has furnished
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9 | storage for said chattel, at the request of its owner, reputed | ||||||
10 | owner, or
authorized agent of the owner, or lawful possessor | ||||||
11 | thereof, shall have a
lien upon such chattel beginning on the | ||||||
12 | date of the commencement of such
expenditure of labor, skill | ||||||
13 | and materials or of such storage for the
contract price for all | ||||||
14 | such expenditure of labor, skill or materials, or
for all such | ||||||
15 | storage, or in the absence of such contract price, for the
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16 | reasonable worth of such expenditure of labor, skill and | ||||||
17 | materials, or of
such storage, for a period of one year from | ||||||
18 | and after the completion of
such expenditure of labor, skill or | ||||||
19 | materials, or of such storage,
notwithstanding the fact that | ||||||
20 | the possession of such chattel has been
surrendered to the | ||||||
21 | owner, or lawful possessor thereof. The lien established in | ||||||
22 | this Section shall not apply to labor, services, skill, or | ||||||
23 | material upon or furnishing storage for motor vehicles. The | ||||||
24 | provisions of the Illinois Vehicle Code shall apply for labor, |
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1 | services, skill, or materials provided for motor vehicles.
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2 | (Source: Laws 1921, p. 508.)
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3 | Section 15. The Labor and Storage Lien (Small Amount) Act | ||||||
4 | is amended by changing Section 1 as follows:
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5 | (770 ILCS 50/1) (from Ch. 82, par. 47a)
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6 | Sec. 1.
Every person expending labor, services, skill or | ||||||
7 | material
upon or furnishing storage for any chattel at the | ||||||
8 | request of or with the
consent of its owner, authorized agent | ||||||
9 | of the owner, or lawful possessor
thereof, in the amount of | ||||||
10 | $2,000 or less, shall have a lien upon such
chattel beginning | ||||||
11 | upon the date of commencement of such expenditure of
labor, | ||||||
12 | services, skill, or materials or furnishing of storage, for the
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13 | contract price for all such expenditure of labor, services, | ||||||
14 | skill, or
material, until the possession of such chattel is | ||||||
15 | voluntarily relinquished
to such owner or authorized agent, or | ||||||
16 | to one entitled to the possession thereof.
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17 | For the purposes of this Act, a person, other than a driver | ||||||
18 | or a person
otherwise in control of a fire, police, emergency | ||||||
19 | or public utility vehicle
on official business, consents to | ||||||
20 | removal by towing of his or her vehicle
when he or she without | ||||||
21 | authorization parks such vehicle upon private property
while | ||||||
22 | having notice that unauthorized vehicles will be towed from | ||||||
23 | such property
by the owner of such property, or agent thereof, | ||||||
24 | at the vehicle owner's
expense, where such notice is provided |
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1 | pursuant to State law, local
ordinances or regulation by any | ||||||
2 | state or local agency. Such notice must
include a sign of at | ||||||
3 | least 24 inches in height by 36 inches in width posted
in a | ||||||
4 | conspicuous place in the affected area at least 4 feet from the | ||||||
5 | ground
but not more than 8 feet from the ground. Such sign | ||||||
6 | shall be either
illuminated or painted with reflective paint, | ||||||
7 | or both and shall state the
amount of towing charges to which | ||||||
8 | the person may be subjected. However,
the requirement of the | ||||||
9 | sign provided for in this section shall not apply to
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10 | residential property which, paying due regard to the | ||||||
11 | circumstances and the
surrounding area, is clearly reserved or | ||||||
12 | intended exclusively for the use
or occupation of residents or | ||||||
13 | their vehicles.
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14 | The lien established herein shall not also apply to labor, | ||||||
15 | services, skills
or material upon or furnishing storage for | ||||||
16 | motor towed vehicles performed by any
relocator or any other | ||||||
17 | towing service pursuant to the order of a law
enforcement | ||||||
18 | official or agency in accordance with Sections 4-201 through
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19 | 4-214 of The Illinois Vehicle Code . The provisions of the | ||||||
20 | Illinois Vehicle Code shall apply for labor, services, skill, | ||||||
21 | or materials provided for motor vehicles. The lien created | ||||||
22 | herein shall be valid
even though the towing and storage is | ||||||
23 | performed without the vehicle owner's consent.
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24 | (Source: P.A. 85-1283.)".
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