Bill Text: IL SB3675 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Labor and Storage Lien Act, the Labor and Storage Lien (Small Amount) Act, the Automobile Repair Act, and the Automotive Collision Repair Act. Provides that a person or entity providing labor, services, material, or storage for any vehicle with the consent of the vehicle owner or authorized agent of the vehicle owner shall be entitled to have a lien upon the vehicle for the contracted price of the services provided. Provides methods for establishing consent. Prescribes the method and requirements for foreclosing a mechanic's lien, including notice requirements to the owner. Establishes requirements for the purchaser of a vehicle at a foreclosure sale to obtain title.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3675 Detail]

Download: Illinois-2013-SB3675-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB3675 Introduced 11/19/2014, by Sen. Michael Noland SYNOPSIS AS INTRODUCED:
770 ILCS 45/1 from Ch. 82, par. 40
770 ILCS 50/1 from Ch. 82, par. 47a
815 ILCS 306/10
815 ILCS 306/77 new
815 ILCS 308/10
815 ILCS 308/67 new
Amends the Labor and Storage Lien Act, the Labor and Storage Lien (Small Amount) Act, the Automobile Repair Act, and the Automotive Collision Repair Act. Provides that a person or entity providing labor, services, material, or storage for any vehicle with the consent of the vehicle owner or authorized agent of the vehicle owner shall be entitled to have a lien upon the vehicle for the contracted price of the services provided. Provides methods for establishing consent. Prescribes the method and requirements for foreclosing a mechanic's lien, including notice requirements to the owner. Establishes requirements for the purchaser of a vehicle at a foreclosure sale to obtain title.
LRB098 23283 HEP 62348 b
A BILL FOR
SB3675 LRB098 23283 HEP 62348 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Labor and Storage Lien Act is amended by
changing Section 1 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
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 procedures for
obtaining liens on unclaimed motor vehicles for labor, storage,
and material under this Act shall be those set forth in Section

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77 of the Automotive Repair Act and Section 67 of the
Automotive Collision Repair Act.
(Source: Laws 1921, p. 508.)
Section 10. The Labor and Storage Lien (Small Amount) Act
is amended by changing Section 1 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
procedures for obtaining liens on unclaimed motor vehicles for
labor, storage, and material under this Act shall be those set
forth in Section 77 of the Automotive Repair Act and Section 67
of the Automotive Collision Repair Act.
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

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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
Illinois Vehicle Code. The lien created herein shall be valid
even though the towing and storage is performed without the
vehicle owner's consent.

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(Source: P.A. 85-1283.)
Section 15. The Automotive Repair Act is amended by
changing Section 10 and by adding Section 77 as follows:
(815 ILCS 306/10)
Sec. 10. Definitions. In this Act:
"Automotive repair" includes, but is not limited to:
(1) All repairs to motor vehicles that are commonly
performed in a motor vehicle repair facility by a motor
vehicle technician, including the diagnosis, installation,
exchange, or repair of mechanical or electrical parts or
units for any vehicle, the performance of any electrical or
mechanical adjustment to any vehicle, or the performance of
any service work required for routine maintenance or repair
of any vehicle. The term does not include commercial fleet
repair or maintenance transactions involving 2 or more
vehicles or ongoing service or maintenance contracts
involving vehicles used primarily for business purposes.
(2) All repair work in motor vehicle repair facilities
that perform one or more specialties within the automotive
repair service industry, including, but not limited to,
refinishing, brake, electrical, exhaust repair or
installation, front-end, radiators, tires, transmission,
tune-up, and windshield. However, transactions involving
the retail purchase of merchandise when a facility installs

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the merchandise as part of the transaction at the
discretion of the customer for a firm price are not
included. These transactions shall include but not be
limited to tires, batteries, oil, and lube jobs.
"Automotive repair facility" or "motor vehicle repair
facility" means any person, firm, association, or corporation
that for compensation engages in the business of automotive
repair or diagnosis, or both, of malfunctions of motor
vehicles.
"Owner" includes the person who holds the legal title to
the vehicle or the customer who relinquished the vehicle to the
claimant for repair.
A "used" part consists of a used assembly removed from a
vehicle and installed on a vehicle undergoing repair without
the benefit of being rebuilt or remanufactured.
(Source: P.A. 90-426, eff. 1-1-98.)
(815 ILCS 306/77 new)
Sec. 77. Foreclosing mechanic's liens.
(a) If a vehicle is not redeemed by the owner within 30
days after completion of the requested services or 30 days
after the date agreed upon by the parties, whichever is later,
the vehicle shall be considered unclaimed and the claimant may
begin to enforce a mechanic's lien. If no repairs were made,
the claimant may enforce a mechanic's lien for storage services
30 days after the claimant provided an estimate to the owner.

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(b) 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. If the Secretary of
State cannot provide ownership information, the following
means shall be used to identify the owner:
(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.
(c) The claimant shall send notice by certified mail no
less than 30 days prior to the sale to the owner of the vehicle
and any lienholder. The notice sent to a lienholder shall be
sent return receipt requested. The notice, in addition to being
mailed to the addresses provided on the record search, shall
also be sent to any secondary address provided to the claimant
by the vehicle owner. The notice shall include the name,
address, and telephone number of the claimant, the hours of

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operation, the total amount owed, and the time and place of the
sale. The sale must be held at the business location of the
claimant.
(d) In addition to the certified notice required under
subsection (c) 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 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.
(e) The owner or lienholder of the vehicle 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
specified in the notice to satisfy the lien amount.
(f) After the sale of the vehicle, the entity or individual
purchasing the vehicle at sale shall apply for a certificate of
title, salvage certificate, or junking certificate for the
purchased vehicle as required by law. The entity or individual

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shall submit a title application along with the following
documentation to the Secretary of State:
(1) a detailed, itemized estimate or invoice,
including labor and parts, as originally prepared by the
repairer, rebuilder, or other entity;
(2) pictures of the vehicle;
(3) a mechanic's lien affirmation, completed by the
purchaser and the mechanic;
(4) proof of a title record search;
(5) proof of certified mail notification to the owner
and proof of a signed return receipt from the lienholder;
and
(6) proof of published notice (not required for a
junking certificate).
Section 20. The Automotive Collision Repair Act is amended
by changing Section 10 and by adding Section 67 as follows:
(815 ILCS 308/10)
Sec. 10. Definitions. As used in this Act:
"Automotive collision and body repair" means all repairs
that are commonly performed by a body repair technician to
restore a motor vehicle damaged in an accident or collision to
a condition similar to the motor vehicle condition prior to the
damage or deterioration including, but not limited to, the
diagnosis, installation, exchange, repair, or refinishing of

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exterior body panels, trim, lighting, and structural chassis.
The term does not include commercial fleet repair or
maintenance transactions involving 2 or more motor vehicles or
ongoing service or maintenance contracts involving motor
vehicles used primarily for business purposes.
"Automotive collision and body repair facility" means a
person, firm, association, or corporation that for
compensation engages in the business of cosmetic repair,
structural repair, or refinishing of motor vehicles with defect
related to accident or collision.
"New part" means a part or component manufactured or
supplied by the original motor vehicle manufacturer in an
unused condition.
"Owner" includes the person who holds the legal title to
the vehicle or the customer who relinquished the vehicle to the
claimant for repair.
"Used part" means an original motor vehicle manufacturer
part or component removed from a motor vehicle of similar make,
model, and condition without the benefit of being rebuilt or
remanufactured.
"Rebuilt part" or "reconditioned part" means a used part
that has been inspected and remanufactured to restore
functionality and performance.
"Aftermarket part" means a new part that is not
manufactured or supplied by the original motor vehicle
manufacturer for addition to, or replacement of, exterior body

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panel or trim.
(Source: P.A. 93-565, eff. 1-1-04.)
(815 ILCS 308/67 new)
Sec. 67. Foreclosing mechanic's liens.
(a) If a vehicle is not redeemed by the owner within 30
days after completion of the requested services or 30 days
after the date agreed upon by the parties, whichever is later,
the vehicle shall be considered unclaimed and the claimant may
begin to enforce a mechanic's lien. If no repairs were made,
the claimant may enforce a mechanic's lien for storage services
30 days after the claimant provided an estimate to the owner.
(b) 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. If the Secretary of
State cannot provide ownership information, the following
means shall be used to identify the owner:
(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

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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.
(c) The claimant shall send notice by certified mail no
less than 30 days prior to the sale to the owner of the vehicle
and any lienholder. The notice sent to a lienholder shall be
sent return receipt requested. The notice, in addition to being
mailed to the addresses provided on the record search, shall
also be sent to any secondary address provided to the claimant
by the vehicle owner. The notice shall include the name,
address, and telephone number of the claimant, the hours of
operation, the total amount owed, and the time and place of the
sale. The sale must be held at the business location of the
claimant.
(d) In addition to the certified notice required under
subsection (c) 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 a description of
the vehicle including the vehicle identification number,
make, model, and year of manufacture;

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(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.
(e) The owner or lienholder of the vehicle 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
specified in the notice to satisfy the lien amount.
(f) After the sale of the vehicle, the entity or individual
purchasing the vehicle at sale shall apply for a certificate of
title, salvage certificate, or junking certificate for the
purchased vehicle as required by law. The entity or individual
shall submit a title application along with the following
documentation to the Secretary of State:
(1) a detailed, itemized estimate or invoice,
including labor and parts, as originally prepared by the
repairer, rebuilder, or other entity;
(2) pictures of the vehicle;
(3) a mechanic's lien affirmation, completed by the
purchaser and the mechanic;
(4) proof of a title record search;
(5) proof of certified mail notification to the owner
and proof of a signed return receipt from the lienholder;
and
(6) proof of published notice (not required for a
junking certificate).