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Illinois SB 1394

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  • Illinois SB 1394

    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


    770 ILCS 95/2 from Ch. 114, par. 802
    770 ILCS 95/4 from Ch. 114, par. 804
    770 ILCS 95/7.5 new
    770 ILCS 95/7.10 new

    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.
    Last edited by ams; 17 March 2011, 03:53 PM.
    [email protected]

  • #2
    Re: Illinois SB 1394

    Senate Committee Amendment No. 1

    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.
    [email protected]


    • #3
      Re: Illinois SB 1394

      Obviously a knee jerk reaction to the Cook case. This will never fly, what about perfected security interest lienholders who are not notified?

      Good luck Illinois!
      "Freedom of speech, does not mean freedom from being offended. The Constitution does not protect your feelings..."


      • #4
        Re: Illinois SB 1394

        Thanks for breaking it down for us, ams.

        I think the biggest concern here in Illinois are taxes on self-storage. Anyone have an update on where the lobbying effort is with that?
        John Carlisle
        Community Manager Emeritus
        Still a Big Fan of Self-Storage!


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