Illinois General Assembly - Bill Status for SB 1394

Amends the Self-Storage Facility Act. Provides that a notice given to an occupant to enforce a lien may be delivered in person, by certified mail or first class mail with certificate of mailing, or by email (instead of in person or by certified mail). Provides that the notice is presumed delivered when mailed or emailed (instead of mailed). Provides that after the notice period has run, the advertisement of the sale may be made on a designated website, or in a locally recognized publication or newspaper of general circulation (instead of in a newspaper of general circulation). Provides that until a lien sale, the exclusive custody of all property in the storage space remains vested in the occupant and no bailment or higher level of liability is assumed by the owner if the owner over-locks the tenant's lock and denies access. Provides that if the property upon which the lien is claimed is a motor vehicle or watercraft and rent is unpaid for 60 days, the owner may have the property towed. Provides that before the sale of any property that has a legal title or in which there is a recorded security interest, the owner shall contact the Secretary of State or other applicable agency to determine the identity of any title holder or lienholder and notify them of the sale. Provides that if the rental agreement contains a limit on the value of property that may be stored, that limit shall be deemed to be the maximum value of the stored property for liability purposes. Permits a reasonable late fee to be imposed if the rental agreement permits. Provides that a late fee of $20 for each late rental payment or 20% of the amount of each late rental payment, whichever is greater, is deemed reasonable. Makes other and corresponding changes.

Further amends the Self-Service Storage Facility Act. Provides that if the owner of the facility chooses to sell (instead of before the sale of) a motor vehicle, aircraft, or watercraft, the owner must contact the Secretary of State about that property's title holder information. Provides that if 3 or more bidders who are unrelated to the owner are in attendance at a sale of stored personal property held pursuant to the Act, the sale and its proceeds are deemed to be commercially reasonable. Provides that in addition to other legal remedies, only the occupant listed on the last known rental agreement may bring a civil action to recover damages for a violation of the Act.

Replaces everything after the enacting clause with identical provisions to the bill as introduced, except it provides: that a notice given to an occupant to enforce a lien shall state the facility's contact information and the date, time, and location of the lien sale (instead of brief and general description of property); if after a lien sale the lien is satisfied, any remaining balance becomes the property of the facility owner after 90 days (instead of after 2 years); the advertisement of the sale shall be published in a newspaper of general circulation (instead of on a designated website or in a publication of general circulation). Effective immediately.

Replaces everything after the enacting clause with similar provisions to the bill as introduced, except it provides: that personal property includes motor vehicles and watercraft; that a notice given to an occupant to enforce a lien shall state the facility's contact information and the date, time, and location of the lien sale (instead of brief and general description of property); if after a lien sale the lien is satisfied, any remaining balance becomes the property of the facility owner after one year (instead of after 2 years); the advertisement of the sale shall be published in a newspaper of general circulation (instead of on a designated website or in a publication of general circulation); any limitation on the value of property that may be stored is only enforceable if that provision is prominently set out in the rental agreement; and an itemization of any reasonable rent collection costs charged to the occupant shall be available to the occupant. Effective immediately.

Date	Chamber	Action
8/26/2011	Senate	Public Act . . . . . . . . . 97-0599

Date	Chamber	Action
2/9/2011	Senate	Filed with Secretary by Sen. Mike Jacobs
2/9/2011	Senate	First Reading
2/9/2011	Senate	Referred to Assignments
2/23/2011	Senate	Assigned to Commerce
3/7/2011	Senate	Senate Committee Amendment No. 1 Filed with Secretary by Sen. Mike Jacobs
3/7/2011	Senate	Senate Committee Amendment No. 1 Referred to Assignments
3/9/2011	Senate	Senate Committee Amendment No. 1 Assignments Refers to Commerce
3/10/2011	Senate	Postponed - Commerce
3/16/2011	Senate	Senate Committee Amendment No. 1 Adopted
3/17/2011	Senate	Do Pass as Amended Commerce; 009-000-000
3/17/2011	Senate	Placed on Calendar Order of 2nd Reading March 17, 2011
3/29/2011	Senate	Second Reading
3/29/2011	Senate	Placed on Calendar Order of 3rd Reading March 30, 2011
3/30/2011	Senate	Senate Floor Amendment No. 2 Filed with Secretary by Sen. Mike Jacobs
3/30/2011	Senate	Senate Floor Amendment No. 2 Referred to Assignments
3/30/2011	Senate	Senate Floor Amendment No. 2 Assignments Refers to Commerce
4/6/2011	Senate	Senate Floor Amendment No. 2 Recommend Do Adopt Commerce; 007-000-000
4/11/2011	Senate	Senate Floor Amendment No. 3 Filed with Secretary by Sen. Mike Jacobs
4/11/2011	Senate	Senate Floor Amendment No. 3 Referred to Assignments
4/12/2011	Senate	Senate Floor Amendment No. 3 Assignments Refers to Commerce
4/12/2011	Senate	Senate Floor Amendment No. 3 Recommend Do Adopt Commerce; 006-000-000
4/13/2011	Senate	Recalled to Second Reading
4/13/2011	Senate	Senate Floor Amendment No. 2 Adopted; Jacobs
4/13/2011	Senate	Senate Floor Amendment No. 3 Adopted; Jacobs
4/13/2011	Senate	Placed on Calendar Order of 3rd Reading
4/13/2011	Senate	Third Reading - Passed; 058-000-000
4/14/2011	House	Arrived in House
4/14/2011	House	Placed on Calendar Order of First Reading
4/14/2011	House	First Reading
4/14/2011	House	Chief House Sponsor Rep. Joseph M. Lyons
4/14/2011	House	Referred to Rules Committee
4/21/2011	House	Assigned to Judiciary I - Civil Law Committee
4/27/2011	House	House Committee Amendment No. 1 Filed with Clerk by Rep. Joseph M. Lyons
4/27/2011	House	House Committee Amendment No. 1 Referred to Rules Committee
5/2/2011	House	House Committee Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
5/4/2011	House	House Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
5/4/2011	House	Do Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 009-000-000
5/4/2011	House	Placed on Calendar 2nd Reading - Short Debate
5/26/2011	House	Second Reading - Short Debate
5/26/2011	House	Held on Calendar Order of Second Reading - Short Debate
5/27/2011	House	Final Action Deadline Extended-9(b) May 31, 2011
5/30/2011	House	Placed on Calendar Order of 3rd Reading - Short Debate
5/30/2011	House	Third Reading - Short Debate - Passed 115-000-001
5/30/2011	Senate	Secretary's Desk - Concurrence House Amendment(s) 1
5/30/2011	Senate	Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 31, 2011
5/30/2011	Senate	House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Mike Jacobs
5/30/2011	Senate	House Committee Amendment No. 1 Motion to Concur Referred to Assignments
5/30/2011	Senate	House Committee Amendment No. 1 Motion to Concur Assignments Referred to Commerce
5/31/2011	Senate	House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Commerce; 005-000-000
5/31/2011	Senate	House Committee Amendment No. 1 Senate Concurs 052-000-000
5/31/2011	Senate	Passed Both Houses
6/29/2011	Senate	Sent to the Governor
8/26/2011	Senate	Governor Approved
8/26/2011	Senate	Effective Date August 26, 2011
8/26/2011	Senate	Public Act . . . . . . . . . 97-0599