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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Tool and Die Lien Act is amended by changing |
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| Sections 1, 2, 3, 5, and 6 and by adding Sections 4.1 and 5.1 as |
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| follows:
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| (770 ILCS 105/1) (from Ch. 82, par. 351)
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| Sec. 1. Lien. |
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| (A) Plastic or metal processors or persons conducting a
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| plastic or metal processing business shall have a lien on the |
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| tools, dies,
molds, jigs, fixtures, forms or patterns in their |
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| possession belonging to a
customer, for the balance due them |
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| from such customer for plastic or metal
processing work, and |
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| for all materials related to such work. The processor
may |
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| retain possession of the tool, die, mold, jig, fixture, form or |
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| pattern
until such balance is paid, subject only to a security |
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| interest
properly perfected pursuant to Article 9 of the |
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| Uniform Commercial
Code.
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| (B) A toolmaker has a lien on all special tools produced by |
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| it and on all proceeds from the assignment, sale, transfer, |
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| exchange, or other disposition of the special tool produced by |
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| it until the toolmaker is paid in full all amounts due the |
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| toolmaker for the production of the special tool. For the |
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| purpose of this subsection:
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| (1) the lien attaches when the special tool is |
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| delivered from the toolmaker to the customer;
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| (2) the amount of the lien is the amount that a |
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| customer or processor owes the toolmaker for the |
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| fabrication, repair, or modification of the special tool; |
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| and
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| (3) the toolmaker retains the lien even if the |
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| toolmaker is not a possession of the special tool for which |
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HB0566 Engrossed |
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LRB094 05756 LCB 35808 b |
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| the lien is claimed.
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| (Source: P.A. 85-381.)
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| (770 ILCS 105/2) (from Ch. 82, par. 352)
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| Sec. 2. Definitions. For purposes of this Act:
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| (A) The term "processor" means any individual or entity |
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| including, but
not limited to, a tool or die maker, who |
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| contracted with, or uses a tool,
die, mold, jig, fixture, form |
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| or pattern to manufacture, assemble, or
otherwise make a |
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| plastic or metal product or products for a customer.
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| (B) The term "customer" means any individual or entity who |
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| contracted with,
or caused a plastic or metal processor to use |
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| a tool, die, mold, jig,
fixture, form or pattern to |
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| manufacture, assemble, or otherwise make
plastic or metal |
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| components or products.
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| (C) The term "special tool" means a tool, die, mold, jig, |
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| fixture, form ,
or pattern , or part used to manufacture, |
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| assemble, or otherwise make plastic or
metal components or |
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| products.
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| (D) The term "toolmaker" means a person including, but not |
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| limited to, a mold builder, model maker, patternmaker, molder, |
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| die maker, metal former, jig and fixture builder, die sinker, |
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| die caster, mold designer, mold programmer, die designer, die |
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| programmer, and mold or die engineer, that fabricates, cuts, |
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| casts, forms, or designs molds for the plastic industry or dies |
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| for the metal forming industry.
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| (Source: P.A. 85-381.)
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| (770 ILCS 105/3) (from Ch. 82, par. 353)
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| Sec. 3. Notice. Before enforcing a
such lien as provided |
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| for in subsection (A) of Section 1 of this Act , an initial |
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| notice in
writing shall be given to the customer, either |
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| delivered personally or sent
by registered mail to the last |
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| known address of the customer. This notice
shall state that a |
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| lien is claimed in the amount therein set forth or
thereto |
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| attached for processing work contracted or performed for the
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| customer. This notice shall also include a demand for payment. |
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| Before enforcing a lien as provided in subsection (B) of |
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| Section 1 of this Act, an initial notice in writing shall be |
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| given to the customer and processor, either delivered |
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| personally or sent by registered mail to the last known address |
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| of the customer and the processor. The notice shall state that |
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| a lien is claimed in the amount set forth in or attached to the |
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| notice for the fabrication, repair, or modification of the |
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| special tool. The notice shall also include a demand for |
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| payment.
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| (Source: P.A. 85-381.)
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| (770 ILCS 105/4.1 new)
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| Sec. 4.1. Possession of special tool. If the toolmaker has |
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| not been paid the amount claimed in the notice within 90 days |
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| after the initial notice is received by the customer and by the |
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| processor, the toolmaker has a right to possession of the |
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| special tool and may do the following: |
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| (1) enforce the right to possession of the special tool |
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| by judgement, foreclosure, or any available judicial |
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| procedure;
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| (2) commence a civil action in circuit court to enforce |
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| the lien, including by obtaining a judgment for the amount |
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| owed and a judgment permitting the special tool to be sold |
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| at an execution sale;
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| (3) take possession of the special tool, if possession |
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| without judicial process can be done without breach of the |
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| peace; and
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| (4) sell the special tool in a public auction. |
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| A toolmaker that suffers damages under this Act may obtain |
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| appropriate legal and equitable relief, including damages, in a |
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| civil action. The court shall award the toolmaker that is the |
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| prevailing party reasonable attorney's fees, court costs, and |
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| expenses related to enforcement of the lien.
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| (770 ILCS 105/5) (from Ch. 82, par. 355)
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| Sec. 5. Second notice; publication ; sale by processor . |
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| (A) Before a processor may sell
the die, mold or special |
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| tool, the processor shall provide a second written
notification |
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| to the customer, by registered mail, return receipt requested.
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| The second notice shall include the following information:
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| (1) The processor's intention to sell the die, mold, or |
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| special tool;
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| (2) A description of the die, mold, or special tool to be |
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| sold;
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| (3) The time and place of the sale; and
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| (4) An itemized statement for the amount due.
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| (B) In addition to this notification by mail, the processor |
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| shall publish in
a newspaper of general circulation in the |
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| place where the die, mold, or
special tool is being held for |
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| sale by the processor, notice of the
processor's intention to |
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| sell the die, mold, or special tool. The notice
shall include a |
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| description of the die, mold, or special tool and name of the |
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| customer.
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| (Source: P.A. 85-381.)
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| (770 ILCS 105/5.1 new) |
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| Sec. 5.1. Second notice; publication; sale by toolmaker. |
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| (A) Before a toolmaker may sell the special tool, the |
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| toolmaker shall provide a second written notification to the |
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| customer and processor, by registered mail, return receipt |
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| requested. The second notice shall include the following |
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| information: |
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| (1) the toolmaker's intention to sell the special tool;
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| (2) a description of the special tool to be sold;
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| (3) the time and place of the sale; and
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| (4) an itemized statement for the amount due.
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| (B) In addition to this notification by mail, the toolmaker |
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| shall publish in a newspaper of general circulation in the |
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| place where the special tool is being held for sale by the |
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| toolmaker, notice of the toolmaker's intention to sell the |
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| special tool. The notice shall include a description of the |
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| special tool and name of the customer and processor.
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| (770 ILCS 105/6) (from Ch. 82, par. 356)
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| Sec. 6. Inspection. (A) Prior to the sale of any die, mold |
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| or special
tool in accordance with this Act, such item must be |
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| available for
inspection, upon request, by members of the |
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| public during normal business
hours for a period of at least 2 |
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| weeks prior to the sale.
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| (B) If the sale is for a sum greater than the amount of the |
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| lien, the
excess shall be paid to any prior lienholder and any |
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| remainder to the customer and the processor .
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| (C) A sale shall not be made or a possession shall not be |
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| obtained under this Act if it would be in violation
of any |
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| right of a customer or a processor under federal patent , |
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| bankruptcy, or copyright law.
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| (Source: P.A. 85-381.)
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