Illinois General Assembly - Full Text of SB1694
Illinois General Assembly

Previous General Assemblies

Full Text of SB1694  100th General Assembly

SB1694sam001 100TH GENERAL ASSEMBLY

Sen. David Koehler

Filed: 4/4/2017

 

 


 

 


 
10000SB1694sam001LRB100 08752 HEP 24773 a

1
AMENDMENT TO SENATE BILL 1694

2    AMENDMENT NO. ______. Amend Senate Bill 1694 on page 13,
3line 25, by deleting "vehicle owner and"; and
 
4on page 14, by replacing lines 7 through 9 with the following:
 
5"must provide written notice within one business day after the
6vehicle is removed or towed, by certified mail, return receipt
7requested, to the lienholder of record, regardless of whether
8the commercial"; and
 
9on page 14, line 12, after "shall", by inserting "be effective
10upon mailing and"; and
 
11on page 14, line 15, after "stored.", by inserting "The date on
12which the assessment and accrual of storage fees may commence
13is the date of the impoundment of the vehicle, subject to any
14applicable limitations set forth by a municipality authorizing

 

 

10000SB1694sam001- 2 -LRB100 08752 HEP 24773 a

1the vehicle removal."; and
 
2on page 14, line 16, by deleting "vehicle owner or"; and
 
3on page 14, line 18, by deleting "vehicle owner or"; and
 
4on page 14, line 19, after "vehicle.", by inserting "The
5commercial vehicle relocator or other private towing service
6shall furnish a copy of the certified mail receipt to the
7lienholder upon request."; and
 
8on page 14, line 21, by deleting "owner and"; and
 
9on page 15, line 1, by deleting "vehicle owner or"; and
 
10on page 15, line 4, by changing "A lienholder that" to "If the
11notification required under subsection (a) was not sent and a
12lienholder"; and
 
13on page 15, line 7, by changing "Section" to "Section, the
14lienholder"; and
 
15on page 15, line 8, by deleting "by the lienholder"; and
 
16on page 15, by replacing line 11 through 20 with the following:
 

 

 

10000SB1694sam001- 3 -LRB100 08752 HEP 24773 a

1    "(d) An action under this Section may be brought by the
2lienholder against the commercial vehicle locator or other
3private towing service in the circuit court."; and
 
4on page 16, line 1, by deleting "owner"; and
 
5on page 16, line 2, by deleting "and"; and
 
6on page 16, by inserting immediately below line 3 the
7following:
 
8    "(f) If the vehicle that is removed or towed is registered
9in a state other than Illinois, the assessment and accrual of
10storage fees may commence on the date that the request for
11lienholder information is filed by the commercial vehicle
12relocator or other private towing service with the applicable
13administrative agency or office in that state if: (i) the
14commercial vehicle relocator or other private towing service
15furnishes the lienholder with a copy or proof of filing of the
16request for lienholder information; (ii) the commercial
17vehicle relocator or other private towing service provides to
18the lienholder of record the notification required by this
19Section within one business day after receiving the requested
20lienholder information; and (iii) the assessment of storage
21fees complies with any applicable limitations set forth by a
22municipality authorizing the vehicle removal."; and
 

 

 

10000SB1694sam001- 4 -LRB100 08752 HEP 24773 a

1on page 16, line 7, by deleting "vehicle owner and"; and
 
2on page 16, line 12, after "mail,", by inserting "return
3receipt requested,"; and
 
4on page 16, lines 12 and 13, by deleting "vehicle owner and";
5and
 
6on page 16, line 15, after "shall", by inserting "be effective
7upon mailing and"; and
 
8on page 16, line 18, after "stored.", by inserting "For
9impounded vehicles, the date on which the assessment and
10accrual of storage fees may commence is the date of the
11impoundment of the vehicle, subject to any applicable
12limitations set forth by a municipality authorizing the vehicle
13removal, if the notification required under this Section is
14sent to the lienholder of record within one business day."; and
 
15on page 16, lines 18 and 19, by deleting "vehicle owner or";
16and
 
17on page 16, line 21, by deleting "vehicle owner or"; and
 
18on page 16, line 22, after "vehicle", by inserting ". The

 

 

10000SB1694sam001- 5 -LRB100 08752 HEP 24773 a

1person, firm, or private corporation seeking to impose storage
2fees shall furnish a copy of the certified mail receipt to the
3lienholder upon request"; and
 
4on page 16, line 24, by deleting "owner and"; and
 
5on page 17, line 6, by deleting "vehicle owner or"; and
 
6on page 17, line 9, by changing "A lienholder that" to "If the
7notification required under subsection (a) was not sent and a
8lienholder"; and
 
9on page 17, line 12, by changing "Section" to "Section, the
10lienholder"; and
 
11on page 17, lines 12 and 13, by deleting "by the lienholder";
12and
 
13on page 17, by replacing lines 15 through 24 with the
14following:
 
15    "(d) An action under this Section may be brought by the
16lienholder against the person, firm, or private corporation in
17the circuit court."; and
 
18on page 18, line 3, by deleting "owner and"; and
 

 

 

10000SB1694sam001- 6 -LRB100 08752 HEP 24773 a

1on page 18, by inserting immediately below line 5 the
2following:
 
3    "(f) If the vehicle that is incurring storage fees is
4registered in a state other than Illinois, the assessment and
5accrual of storage fees may commence on the date that the
6request for lienholder information is filed with the applicable
7administrative agency or office in that state by the person,
8firm, or private corporation seeking to impose fees, if the
9following conditions are met: (i) the person, firm, or private
10corporation furnishes the lienholder with a copy or proof of
11filing of the request for lienholder information; (ii) the
12person, firm, or private corporation provides to the lienholder
13of record the notification required by this Section within one
14business day after receiving the requested lienholder
15information; and (iii) the assessment of storage fees complies
16with any applicable limitations set forth by a municipality
17authorizing the vehicle removal.
18    (g) This Section does not apply to a municipality with
191,000,000 or more inhabitants that is seeking to impose storage
20fees for a vehicle in its possession."; and
 
21on page 18, line 10, by deleting "vehicle owner and"; and
 
22on page 18, line 15, after "mail,", by inserting "return

 

 

10000SB1694sam001- 7 -LRB100 08752 HEP 24773 a

1receipt requested,"; and
 
2on page 18, lines 15 and 16, by deleting "vehicle owner and";
3and
 
4on page 18, line 18, after "shall", by inserting "be effective
5upon mailing and"; and
 
6on page 18, line 21, after "stored.", by inserting "For
7impounded vehicles, the date on which the assessment and
8accrual of storage fees may commence is the date of the
9impoundment of the vehicle, subject to any applicable
10limitations set forth by a municipality authorizing the vehicle
11removal, if the notification required under this Section is
12sent to the lienholder of record within one business day."; and
 
13on page 18, lines 21 and 22, by deleting "vehicle owner or";
14and
 
15on page 18, line 24, by deleting "vehicle owner or"; and
 
16on page 19, line 1, after "vehicle", by inserting ". The
17person, firm, or private corporation seeking to impose storage
18fees shall furnish a copy of the certified mail receipt to the
19lienholder upon request"; and
 

 

 

10000SB1694sam001- 8 -LRB100 08752 HEP 24773 a

1on page 19, line 3, by deleting "owner and"; and
 
2on page 19, line 9, by deleting "vehicle owner or"; and
 
3on page 19, line 12, by changing "A lienholder that" to "If the
4notification required under subsection (a) was not sent and a
5lienholder"; and
 
6on page 19, line 15, by changing "Section" to "Section, the
7lienholder"; and
 
8on page 19, lines 15 and 16, by deleting "by the lienholder";
9and
 
10on page 19, by replacing lines 18 through 26 with the
11following:
 
12    "(d) An action under this Section may be brought by the
13lienholder against the person, firm, or private corporation in
14the circuit court."; and
 
15on page 20, by deleting line 1; and
 
16on page 20, line 6, by deleting "owner and"; and
 
17on page 20, by inserting immediately below line 8 the

 

 

10000SB1694sam001- 9 -LRB100 08752 HEP 24773 a

1following:
 
2    "(f) If the vehicle that is incurring storage fees is
3registered in a state other than Illinois, the assessment and
4accrual of storage fees may commence on the date that the
5request for lienholder information is filed with the applicable
6administrative agency or office in that state by the person,
7firm, or private corporation seeking to impose fees, if the
8following conditions are met: (i) the person, firm, or private
9corporation furnishes the lienholder with a copy or proof of
10filing of the request for lienholder information; (ii) the
11person, firm, or private corporation provides to the lienholder
12of record the notification required by this Section within one
13business day after receiving the requested lienholder
14information; and (iii) the assessment of storage fees complies
15with any applicable limitations set forth by a municipality
16authorizing the vehicle removal.
17    (g) This Section does not apply to a municipality with
181,000,000 or more inhabitants that is seeking to impose storage
19fees for a vehicle in its possession."; and
 
20on page 20, line 10, by changing "upon" to "90 days after".