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:
 
 
 
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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
 
 
 
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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 
 
 
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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
 
 
 
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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 
 
 
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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".