SELF-STORAGE NOTICE-LATE FEE Senate SponsorsSen. Mike Jacobs House Sponsors(Rep. Joseph M. Lyons) 8/26/2011SenatePublic Act . . . . . . . . . 97-0599 770 ILCS 95/2from Ch. 114, par. 802770 ILCS 95/4from Ch. 114, par. 804770 ILCS 95/7.5 new770 ILCS 95/7.10 newAmends 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.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.Senate Floor Amendment No. 2 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.Senate Floor Amendment No. 3 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.House 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. 2/9/2011SenateFiled with Secretary by Sen. Mike Jacobs 2/9/2011SenateFirst Reading 2/9/2011SenateReferred to Assignments 2/23/2011SenateAssigned to Commerce 3/7/2011SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Mike Jacobs 3/7/2011SenateSenate Committee Amendment No. 1 Referred to Assignments 3/9/2011SenateSenate Committee Amendment No. 1 Assignments Refers to Commerce 3/10/2011SenatePostponed - Commerce 3/16/2011SenateSenate Committee Amendment No. 1 Adopted 3/17/2011SenateDo Pass as Amended Commerce; 009-000-000 3/17/2011SenatePlaced on Calendar Order of 2nd Reading March 17, 2011 3/29/2011SenateSecond Reading 3/29/2011SenatePlaced on Calendar Order of 3rd Reading March 30, 2011 3/30/2011SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Mike Jacobs 3/30/2011SenateSenate Floor Amendment No. 2 Referred to Assignments 3/30/2011SenateSenate Floor Amendment No. 2 Assignments Refers to Commerce 4/6/2011SenateSenate Floor Amendment No. 2 Recommend Do Adopt Commerce; 007-000-000 4/11/2011SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Mike Jacobs 4/11/2011SenateSenate Floor Amendment No. 3 Referred to Assignments 4/12/2011SenateSenate Floor Amendment No. 3 Assignments Refers to Commerce 4/12/2011SenateSenate Floor Amendment No. 3 Recommend Do Adopt Commerce; 006-000-000 4/13/2011SenateRecalled to Second Reading 4/13/2011SenateSenate Floor Amendment No. 2 Adopted; Jacobs 4/13/2011SenateSenate Floor Amendment No. 3 Adopted; Jacobs 4/13/2011SenatePlaced on Calendar Order of 3rd Reading 4/13/2011SenateThird Reading - Passed; 058-000-000 4/14/2011HouseArrived in House 4/14/2011HousePlaced on Calendar Order of First Reading 4/14/2011HouseFirst Reading 4/14/2011HouseChief House Sponsor Rep. Joseph M. Lyons 4/14/2011HouseReferred to Rules Committee 4/21/2011HouseAssigned to Judiciary I - Civil Law Committee 4/27/2011HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Joseph M. Lyons 4/27/2011HouseHouse Committee Amendment No. 1 Referred to Rules Committee 5/2/2011HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee 5/4/2011HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote 5/4/2011HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 009-000-000 5/4/2011HousePlaced on Calendar 2nd Reading - Short Debate 5/26/2011HouseSecond Reading - Short Debate 5/26/2011HouseHeld on Calendar Order of Second Reading - Short Debate 5/27/2011HouseFinal Action Deadline Extended-9(b) May 31, 2011 5/30/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/30/2011HouseThird Reading - Short Debate - Passed 115-000-001 5/30/2011SenateSecretary's Desk - Concurrence House Amendment(s) 1 5/30/2011SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 31, 2011 5/30/2011SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Mike Jacobs 5/30/2011SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments 5/30/2011SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Commerce 5/31/2011SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Commerce; 005-000-000 5/31/2011SenateHouse Committee Amendment No. 1 Senate Concurs 052-000-000 5/31/2011SenatePassed Both Houses 6/29/2011SenateSent to the Governor 8/26/2011SenateGovernor Approved 8/26/2011SenateEffective Date August 26, 2011 8/26/2011SenatePublic Act . . . . . . . . . 97-0599