Full Text of SB1394 97th General Assembly
SB1394sam002 97TH GENERAL ASSEMBLY | Sen. Mike Jacobs Filed: 3/30/2011
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| 1 | | AMENDMENT TO SENATE BILL 1394
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1394 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Self-Service Storage Facility Act is | 5 | | amended by changing Sections 2 and 4 and by adding Sections 7.5 | 6 | | and 7.10 as follows:
| 7 | | (770 ILCS 95/2) (from Ch. 114, par. 802)
| 8 | | Sec. 2. Definitions. As used in this Act, unless the | 9 | | context clearly
requires otherwise:
| 10 | | (A) "Self-service storage facility" means any real | 11 | | property designed and
used for the purpose of renting or | 12 | | leasing individual storage space to occupants
who are to have | 13 | | access to such for the purpose of storing and removing personal
| 14 | | property. A self-service storage facility is not a warehouse | 15 | | for purposes
of Article 7 of the Uniform Commercial Code.
If an | 16 | | owner issues any warehouse receipt, bill of lading, or other |
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| 1 | | document
of title for the personal property stored,
the | 2 | | provisions of this Act do not apply.
| 3 | | (B) "Owner" means the owner, operator, lessor, or sublessor | 4 | | of a self-service
storage facility, his agent, or any other | 5 | | person authorized by him to manage
the facility, or to receive | 6 | | rent from an occupant under a rental agreement.
| 7 | | (C) "Occupant" means a person, his sublessee, successor, or | 8 | | assign, entitled
to the use of the storage space at a | 9 | | self-service storage facility under
a rental agreement, to the | 10 | | exclusion of others.
| 11 | | (D) "Rental agreement" means any agreement or lease, | 12 | | written or oral,
that establishes or modifies the terms, | 13 | | conditions, rules or any other provisions
concerning the use | 14 | | and occupancy of a self-service storage facility.
| 15 | | (E) "Personal property" means movable property not affixed | 16 | | to land, and
includes, but is not limited to goods, | 17 | | merchandise, motor vehicles, and household items.
| 18 | | (F) "Last known address" means that address provided by the | 19 | | occupant in
the latest rental agreement, or the address | 20 | | provided by the occupant in
a subsequent written notice of a | 21 | | change of address.
| 22 | | (G) "Late fee" means a charge assessed for an occupant's | 23 | | failure to pay rent when due. "Late fee" does not include | 24 | | interest on a debt, reasonable expenses incurred in the | 25 | | collection of unpaid rent, or costs associated with the | 26 | | enforcement of any other remedy provided by statute or |
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| 1 | | contract. | 2 | | (Source: P.A. 83-800.)
| 3 | | (770 ILCS 95/4) (from Ch. 114, par. 804)
| 4 | | Sec. 4. Enforcement of lien. An owner's lien as provided | 5 | | for in Section
3 of this Act for a claim which has become due | 6 | | may be satisfied as follows:
| 7 | | (A) The occupant shall be notified;
| 8 | | (B) The notice shall be delivered : | 9 | | (1) in person ; or | 10 | | (2) sent by certified mail
or by first-class mail with | 11 | | a certificate of mailing to the last known address of the | 12 | | occupant; or
| 13 | | (3) by an email sent to the last known active email | 14 | | address of the occupant that was supplied by the occupant | 15 | | on the rental agreement or in a subsequent written notice | 16 | | of change of address received in person or by first-class | 17 | | mail or email; | 18 | | (C) The notice shall include:
| 19 | | (1) A An itemized statement of the owner's claim showing | 20 | | the sum due at
the time of the notice and the date when the sum | 21 | | became due;
| 22 | | (2) The name of the facility, address, telephone number, | 23 | | date, time, location, and manner of the lien sale, and the | 24 | | tenant's name and unit number. A brief and general description | 25 | | of the personal property subject to
the lien. The description |
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| 1 | | shall be reasonably adequate to permit the person
notified to | 2 | | identify it, except that any container including, but not | 3 | | limited
to, a trunk, valise, or box that is locked, fastened, | 4 | | sealed, or tied in
a manner which deters immediate access to | 5 | | its contents may be described
as such without describing its | 6 | | contents;
| 7 | | (3) A notice of denial of access to the personal property, | 8 | | if such denial
is permitted under the terms of the rental | 9 | | agreement, which provides the
name, street address, and | 10 | | telephone number of the owner, or his designated
agent, whom | 11 | | the occupant may contact to respond to this notice ; | 12 | | (3.5) Except as otherwise provided by a rental agreement | 13 | | and until a lien sale, the exclusive care, custody, and control | 14 | | of all personal property stored in the leased self-service | 15 | | storage space remains vested in the occupant. No bailment or | 16 | | higher level of liability is created if the owner over-locks | 17 | | the occupant's lock, thereby denying the occupant access to the | 18 | | storage space. Rent and other charges related to the lien | 19 | | continue to accrue during the period of time when access is | 20 | | denied because of non-payment ;
| 21 | | (4) A demand for payment within a specified time not less | 22 | | than 14 days
after delivery of the notice;
| 23 | | (5) A conspicuous statement that unless the claim is paid | 24 | | within the time
stated in the notice, the personal property | 25 | | will be advertised for sale
or other disposition, and will be | 26 | | sold or otherwise disposed of at a specified
time and place.
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| 1 | | (D) Any notice made pursuant to this Section shall be | 2 | | presumed delivered
when it is deposited with the United States | 3 | | Postal Service, and properly
addressed with postage prepaid or | 4 | | if it is emailed, when it is transmitted ;
| 5 | | (E) After the expiration of the time given in the notice, | 6 | | an advertisement
of the sale or other disposition shall be | 7 | | published once a week for two
consecutive weeks in a newspaper | 8 | | of general circulation where the self-service
storage facility | 9 | | is located. The advertisement shall include:
| 10 | | (1) The name of the facility, address, telephone number, | 11 | | date, time, location, and manner of lien sale and the tenant's | 12 | | name and unit number. A brief and general description of the | 13 | | personal property reasonably
adequate to permit its | 14 | | identification as provided for in division (C)(2)
of this | 15 | | Section;
| 16 | | (2) (Blank). The address of the self-service storage | 17 | | facility and the number, if
any, of the space where the | 18 | | personal property is located and the name of the occupant;
| 19 | | (3) The time, place, and manner of the sale or other | 20 | | disposition. The
sale or other disposition shall take place not | 21 | | sooner than 15 days after
the first publication. If there is no | 22 | | newspaper of general circulation
where the self-service | 23 | | storage facility is located, the advertisement shall
be posted | 24 | | at least 10 days before the date of the sale or other | 25 | | disposition
in not less than 6 conspicuous places in the | 26 | | neighborhood where the self-service
storage facility is |
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| 1 | | located.
| 2 | | (F) Any sale or other disposition of the personal property | 3 | | shall conform
to the terms of the notification as provided for | 4 | | in this Section;
| 5 | | (G) Any sale or other disposition of the personal property | 6 | | shall be held
at the self-service storage facility, or at the | 7 | | nearest suitable place to
where the personal property is held | 8 | | or stored;
| 9 | | (G-5) If the property upon which the lien is claimed is a | 10 | | motor vehicle or watercraft and rent or other charges related | 11 | | to the property remain unpaid or unsatisfied for 60 days, the | 12 | | owner may have the property towed from the self-service storage | 13 | | facility. If a motor vehicle or watercraft is towed, the owner | 14 | | shall not be liable for any damage to the motor vehicle or | 15 | | watercraft, once the tower takes possession of the property. | 16 | | After the motor vehicle or watercraft is towed, the owner may | 17 | | pursue other collection options against the delinquent tenant | 18 | | for any outstanding debt. Before the sale of a motor vehicle, | 19 | | aircraft, mobile home, moped, motorcycle, snowmobile, trailer, | 20 | | or watercraft, the owner shall contact the Secretary of State | 21 | | and any other governmental agency as reasonably necessary to | 22 | | determine the name and address of the title holder or | 23 | | lienholder of the item, and the owner shall notify every | 24 | | identified title holder or lienholder of the time and place of | 25 | | the proposed sale. The owner is required to notify the holder | 26 | | of a security interest only if the security interest is filed |
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| 1 | | under the name of the person signing the rental agreement or an | 2 | | occupant. An owner who fails to make the lien searches required | 3 | | by this Section is liable only to valid lienholders injured by | 4 | | that failure as provided in Section 3; | 5 | | (H) Before any sale or other disposition of personal | 6 | | property pursuant
to this Section, the occupant may pay the | 7 | | amount necessary to satisfy the
lien, and the reasonable | 8 | | expenses incurred under this Section, and thereby
redeem the | 9 | | personal property. Upon receipt of such payment, the owner | 10 | | shall
return the personal property, and thereafter the owner | 11 | | shall have no liability
to any person with respect to such | 12 | | personal property;
| 13 | | (I) A purchaser in good faith of the personal property sold | 14 | | to satisfy
a lien, as provided for in Section 3 of this Act, | 15 | | takes the property free
of any rights of persons against whom | 16 | | the lien was valid, despite noncompliance
by the owner with the | 17 | | requirements of this Section;
| 18 | | (J) In the event of a sale under this Section, the owner | 19 | | may satisfy his
lien from the proceeds of the sale, but shall | 20 | | hold the balance, if any,
for delivery on demand to the | 21 | | occupant. If the occupant does not claim
the balance of the | 22 | | proceeds within 90 days after two years of the date of sale, it | 23 | | shall
become the property of the owner without further recourse | 24 | | by the occupant.
| 25 | | (K) The lien on any personal property created by this Act | 26 | | shall be terminated
as to any such personal property which is |
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| 1 | | sold or otherwise disposed of
pursuant to this Act and any such | 2 | | personal property which is removed from
the self-service | 3 | | storage facility.
| 4 | | (Source: P.A. 83-800.)
| 5 | | (770 ILCS 95/7.5 new) | 6 | | Sec. 7.5. Limitation of value. If the rental agreement | 7 | | contains a limit on the value of property that may be stored in | 8 | | the occupant's space, this limit is deemed to be the maximum | 9 | | value of the stored property and establishes the maximum amount | 10 | | of any liability of the facility owner for a claim for loss of | 11 | | or damage to the stored property. | 12 | | (770 ILCS 95/7.10 new) | 13 | | Sec. 7.10. Late fees. | 14 | | (a) A reasonable late fee may be imposed and collected by | 15 | | an owner for each service period that an occupant does not pay | 16 | | rent when due under a rental agreement, provided that the due | 17 | | date for the rental payment is not earlier than the day before | 18 | | the first day of the service period to which the rental payment | 19 | | applies. However, no late fee shall be imposed or collected if | 20 | | the occupant makes a rental payment in full by the third day | 21 | | after the due date under the rental agreement. | 22 | | (b) No late fee may be collected pursuant to this Section | 23 | | unless the amount of that fee and the conditions for imposing | 24 | | that fee are stated in the rental agreement or in an addendum |
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| 1 | | to that agreement. | 2 | | (c) For purposes of this Section, a late fee of $20 or 20% | 3 | | of the rental fee for each month an occupant does not pay rent, | 4 | | whichever is greater, is deemed reasonable and does not | 5 | | constitute a penalty. | 6 | | (d) Any reasonable expense incurred in rent collection or | 7 | | lien enforcement by an owner may be charged to the occupant in | 8 | | addition to the late fees permitted by this Section.
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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