Full Text of SB1842 98th General Assembly
SB1842sam001 98TH GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 3/14/2013
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| 1 | | AMENDMENT TO SENATE BILL 1842
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1842 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by adding | 5 | | Article 4-4 as follows: | 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. | 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. | 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. | 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. | 4 | | Section 10. The Labor and Storage Lien Act is amended by | 5 | | changing Section 1 as follows:
| 6 | | (770 ILCS 45/1) (from Ch. 82, par. 40)
| 7 | | Sec. 1.
Every person, firm or corporation who has
expended | 8 | | labor, skill or materials upon any chattel, or has furnished
| 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
| 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.
| 2 | | (Source: Laws 1921, p. 508.)
| 3 | | Section 15. The Labor and Storage Lien (Small Amount) Act | 4 | | is amended by changing Section 1 as follows:
| 5 | | (770 ILCS 50/1) (from Ch. 82, par. 47a)
| 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
| 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.
| 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
| 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.
| 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
| 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.
| 24 | | (Source: P.A. 85-1283.)".
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