Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3460 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-1003
2	1		SB3460 EnrolledLRB103 38164 JRC 68297 b SB3460 Enrolled LRB103 38164 JRC 68297 b
3	2		SB3460 Enrolled LRB103 38164 JRC 68297 b
4		-	AN ACT concerning civil law.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Self-Service Storage Facility Act is
8		-	amended by changing Sections 2, 4, and 7 as follows:
9		-	(770 ILCS 95/2) (from Ch. 114, par. 802)
10		-	Sec. 2. Definitions. As used in this Act, unless the
11		-	context clearly requires otherwise:
12		-	(A) "Self-service storage facility" means any real
13		-	property designed and used for the purpose of renting or
14		-	leasing individual storage space to occupants who are to have
15		-	access to such for the purpose of storing and removing
16		-	personal property. A self-service storage facility is not a
17		-	warehouse for purposes of Article 7 of the Uniform Commercial
18		-	Code. If an owner issues any warehouse receipt, bill of
19		-	lading, or other document of title for the personal property
20		-	stored, the provisions of this Act do not apply.
21		-	(B) "Owner" means the owner, operator, lessor, or
22		-	sublessor of a self-service storage facility, his agent, or
23		-	any other person authorized by him to manage the facility, or
24		-	to receive rent from an occupant under a rental agreement.
25		-	(C) "Occupant" means a person, his sublessee, successor,
26		-	or assign, entitled to the use of the storage space at a
	3	+	1 AN ACT concerning civil law.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Self-Service Storage Facility Act is
	7	+	5 amended by changing Sections 2, 4, and 7 as follows:
	8	+	6 (770 ILCS 95/2) (from Ch. 114, par. 802)
	9	+	7 Sec. 2. Definitions. As used in this Act, unless the
	10	+	8 context clearly requires otherwise:
	11	+	9 (A) "Self-service storage facility" means any real
	12	+	10 property designed and used for the purpose of renting or
	13	+	11 leasing individual storage space to occupants who are to have
	14	+	12 access to such for the purpose of storing and removing
	15	+	13 personal property. A self-service storage facility is not a
	16	+	14 warehouse for purposes of Article 7 of the Uniform Commercial
	17	+	15 Code. If an owner issues any warehouse receipt, bill of
	18	+	16 lading, or other document of title for the personal property
	19	+	17 stored, the provisions of this Act do not apply.
	20	+	18 (B) "Owner" means the owner, operator, lessor, or
	21	+	19 sublessor of a self-service storage facility, his agent, or
	22	+	20 any other person authorized by him to manage the facility, or
	23	+	21 to receive rent from an occupant under a rental agreement.
	24	+	22 (C) "Occupant" means a person, his sublessee, successor,
	25	+	23 or assign, entitled to the use of the storage space at a
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33		-	self-service storage facility under a rental agreement, to the
34		-	exclusion of others.
35		-	(D) "Rental agreement" means any agreement or lease,
36		-	written or oral, that establishes or modifies the terms,
37		-	conditions, rules or any other provisions concerning the use
38		-	and occupancy of a self-service storage facility. The rental
39		-	agreement may be delivered and accepted by electronic mail, or
40		-	by any other electronic record pursuant to the Uniform
41		-	Electronic Transactions Act. If the occupant does not sign a
42		-	written rental agreement that the owner has tendered to the
43		-	occupant, the occupant's continued use of the storage space
44		-	shall constitute an acceptance of the rental agreement with
45		-	the same effect as if it had been signed by the occupant.
46		-	(E) "Personal property" means movable property not affixed
47		-	to land, and includes, but is not limited to goods,
48		-	merchandise, motor vehicles, watercraft, and household items.
49		-	(F) "Last known address" means that mailing address or
50		-	electronic mail address provided by the occupant in the latest
51		-	rental agreement, or the mailing address or electronic mail
52		-	address provided by the occupant in a subsequent written
53		-	notice of a change of address.
54		-	(G) "Late fee" means a charge assessed for an occupant's
55		-	failure to pay rent when due. "Late fee" does not include
56		-	interest on a debt, reasonable expenses incurred in the
57		-	collection of unpaid rent, or costs associated with the
58		-	enforcement of any other remedy provided by statute or
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	34	+	1 self-service storage facility under a rental agreement, to the
	35	+	2 exclusion of others.
	36	+	3 (D) "Rental agreement" means any agreement or lease,
	37	+	4 written or oral, that establishes or modifies the terms,
	38	+	5 conditions, rules or any other provisions concerning the use
	39	+	6 and occupancy of a self-service storage facility. The rental
	40	+	7 agreement may be delivered and accepted by electronic mail, or
	41	+	8 by any other electronic record pursuant to the Uniform
	42	+	9 Electronic Transactions Act. If the occupant does not sign a
	43	+	10 written rental agreement that the owner has tendered to the
	44	+	11 occupant, the occupant's continued use of the storage space
	45	+	12 shall constitute an acceptance of the rental agreement with
	46	+	13 the same effect as if it had been signed by the occupant.
	47	+	14 (E) "Personal property" means movable property not affixed
	48	+	15 to land, and includes, but is not limited to goods,
	49	+	16 merchandise, motor vehicles, watercraft, and household items.
	50	+	17 (F) "Last known address" means that mailing address or
	51	+	18 electronic mail address provided by the occupant in the latest
	52	+	19 rental agreement, or the mailing address or electronic mail
	53	+	20 address provided by the occupant in a subsequent written
	54	+	21 notice of a change of address.
	55	+	22 (G) "Late fee" means a charge assessed for an occupant's
	56	+	23 failure to pay rent when due. "Late fee" does not include
	57	+	24 interest on a debt, reasonable expenses incurred in the
	58	+	25 collection of unpaid rent, or costs associated with the
	59	+	26 enforcement of any other remedy provided by statute or
59	60
60	61
61		-	contract.
62		-	(H) "Verified mail" means any method of mailing that is
63		-	offered by the United States Postal Service or private
64		-	delivery service that provides evidence of mailing.
65		-	(I) "Electronic mail" means the transmission of
66		-	information or a communication by the use of a computer or
67		-	other electronic means sent to a person identified by a unique
68		-	address and that is received by that person.
69		-	(J) "Default" means the failure to perform any obligation
70		-	or duty set forth in the rental agreement or this Act.
71		-	(Source: P.A. 97-599, eff. 8-26-11; 98-1106, eff. 1-1-15.)
72		-	(770 ILCS 95/4) (from Ch. 114, par. 804)
73		-	Sec. 4. Enforcement of lien. An owner's lien as provided
74		-	for in Section 3 of this Act for a claim which has become due
75		-	may be satisfied as follows:
76		-	(A) The occupant shall be notified.
77		-	(B) The notice shall be delivered:
78		-	(1) in person; or
79		-	(2) by verified mail or by electronic mail to the last
80		-	known address of the occupant.
81		-	(C) The notice shall include:
82		-	(1) An itemized statement of the owner's claim showing
83		-	the sum due at the time of the notice and the date when the
84		-	sum became due;
85		-	(2) The name of the facility, address, telephone
86	62
87	63
88		-	number, date, time, location, and manner of the lien sale,
89		-	and the occupant's name and unit number;
90		-	(3) A notice of denial of access to the personal
91		-	property, if such denial is permitted under the terms of
92		-	the rental agreement, which provides the name, street
93		-	address, and telephone number of the owner, or his
94		-	designated agent, whom the occupant may contact to respond
95		-	to this notice;
96		-	(3.5) Except as otherwise provided by a rental
97		-	agreement and until a lien sale, the exclusive care,
98		-	custody, and control of all personal property stored in
99		-	the leased self-service storage space remains vested in
100		-	the occupant. No bailment or higher level of liability is
101		-	created if the owner over-locks the occupant's lock,
102		-	thereby denying the occupant access to the storage space.
103		-	Rent and other charges related to the lien continue to
104		-	accrue during the period of time when access is denied
105		-	because of non-payment;
106		-	(4) A demand for payment within a specified time not
107		-	less than 14 days after delivery of the notice;
108		-	(5) A conspicuous statement that unless the claim is
109		-	paid within the time stated in the notice, the personal
110		-	property will be advertised for sale or other disposition,
111		-	and will be sold or otherwise disposed of at a specified
112		-	time and place.
113		-	(D) Any notice made pursuant to this Section shall be
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116		-	presumed delivered when it is deposited with the United States
117		-	Postal Service, and properly addressed with postage prepaid or
118		-	sent by electronic mail and the owner receives a receipt of
119		-	delivery to the occupant's last known address, except if the
120		-	owner does not receive a receipt of delivery for the notice
121		-	sent by electronic mail, the notice is presumed delivered when
122		-	it is sent to the occupant by verified mail to the occupant's
123		-	last known mailing address.
124		-	(E) After the expiration of the time given in the notice,
125		-	an advertisement of the sale or other disposition shall be
126		-	published once a week for two consecutive weeks in a newspaper
127		-	of general circulation where the self-service storage facility
128		-	is located. The advertisement shall include:
129		-	(1) The name of the facility, address, telephone
130		-	number, date, time, location, and manner of lien sale and
131		-	the occupant's name and unit number.
132		-	(2) (Blank).
133		-	(3) The sale or other disposition shall take place not
134		-	sooner than 15 days after the first publication. If there
135		-	is no newspaper of general circulation where the
136		-	self-service storage facility is located, the
137		-	advertisement shall be posted at least 10 days before the
138		-	date of the sale or other disposition in not less than 6
139		-	conspicuous places in the neighborhood where the
140		-	self-service storage facility is located.
141		-	(F) Any sale or other disposition of the personal property
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	70	+	1 contract.
	71	+	2 (H) "Verified mail" means any method of mailing that is
	72	+	3 offered by the United States Postal Service or private
	73	+	4 delivery service that provides evidence of mailing.
	74	+	5 (I) "Electronic mail" means the transmission of
	75	+	6 information or a communication by the use of a computer or
	76	+	7 other electronic means sent to a person identified by a unique
	77	+	8 address and that is received by that person.
	78	+	9 (J) "Default" means the failure to perform any obligation
	79	+	10 or duty set forth in the rental agreement or this Act.
	80	+	11 (Source: P.A. 97-599, eff. 8-26-11; 98-1106, eff. 1-1-15.)
	81	+	12 (770 ILCS 95/4) (from Ch. 114, par. 804)
	82	+	13 Sec. 4. Enforcement of lien. An owner's lien as provided
	83	+	14 for in Section 3 of this Act for a claim which has become due
	84	+	15 may be satisfied as follows:
	85	+	16 (A) The occupant shall be notified.
	86	+	17 (B) The notice shall be delivered:
	87	+	18 (1) in person; or
	88	+	19 (2) by verified mail or by electronic mail to the last
	89	+	20 known address of the occupant.
	90	+	21 (C) The notice shall include:
	91	+	22 (1) An itemized statement of the owner's claim showing
	92	+	23 the sum due at the time of the notice and the date when the
	93	+	24 sum became due;
	94	+	25 (2) The name of the facility, address, telephone
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144		-	shall conform to the terms of the notification as provided for
145		-	in this Section.
146		-	(G) Any sale or other disposition of the personal property
147		-	shall be held at the self-service storage facility, or at the
148		-	nearest suitable place to where the personal property is held
149		-	or stored. A sale under this Section shall be deemed to be held
150		-	at the self-service storage facility where the personal
151		-	property is stored if the sale is held on a publicly accessible
152		-	online website.
153		-	(G-5) If the property upon which the lien is claimed is a
154		-	motor vehicle, trailer, or watercraft and rent or other
155		-	charges related to the property remain unpaid or unsatisfied
156		-	for 60 days or the occupant is in default of the rental
157		-	agreement for 60 days, the owner may have the property towed
158		-	from the self-service storage facility. If a motor vehicle,
159		-	trailer, or watercraft is towed, the owner shall not be liable
160		-	for any damage to the motor vehicle, trailer, or watercraft,
161		-	once the tower takes possession of the property. After the
162		-	motor vehicle, trailer, or watercraft is towed, the owner may
163		-	pursue other collection options against the delinquent
164		-	occupant for any outstanding debt. If the owner chooses to
165		-	sell a motor vehicle, aircraft, mobile home, moped,
166		-	motorcycle, snowmobile, trailer, or watercraft, the owner
167		-	shall contact the Secretary of State and any other
168		-	governmental agency as reasonably necessary to determine the
169		-	name and address of the title holder or lienholder of the item,
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172		-	and the owner shall notify every identified title holder or
173		-	lienholder of the time and place of the proposed sale. The
174		-	owner is required to notify the holder of a security interest
175		-	only if the security interest is filed under the name of the
176		-	person signing the rental agreement or an occupant. An owner
177		-	who fails to make the lien searches required by this Section is
178		-	liable only to valid lienholders injured by that failure as
179		-	provided in Section 3.
180		-	(H) Before any sale or other disposition of personal
181		-	property pursuant to this Section, the occupant may pay the
182		-	amount necessary to satisfy the lien, and the reasonable
183		-	expenses incurred under this Section, and thereby redeem the
184		-	personal property. Upon receipt of such payment, the owner
185		-	shall return the personal property, and thereafter the owner
186		-	shall have no liability to any person with respect to such
187		-	personal property.
188		-	(I) A purchaser in good faith of the personal property
189		-	sold to satisfy a lien, as provided for in Section 3 of this
190		-	Act, takes the property free of any rights of persons against
191		-	whom the lien was valid, despite noncompliance by the owner
192		-	with the requirements of this Section.
193		-	(J) In the event of a sale under this Section, the owner
194		-	may satisfy his lien from the proceeds of the sale, but shall
195		-	hold the balance, if any, for delivery on demand to the
196		-	occupant. If the occupant does not claim the balance of the
197		-	proceeds within one year of the date of sale, it shall become
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200		-	the property of the owner without further recourse by the
201		-	occupant.
202		-	(K) The lien on any personal property created by this Act
203		-	shall be terminated as to any such personal property which is
204		-	sold or otherwise disposed of pursuant to this Act and any such
205		-	personal property which is removed from the self-service
206		-	storage facility.
207		-	(L) If 3 or more bidders who are unrelated to the owner are
208		-	in attendance at a sale held under this Section, the sale and
209		-	its proceeds are deemed to be commercially reasonable.
210		-	(Source: P.A. 102-687, eff. 12-17-21.)
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	105	+	1 number, date, time, location, and manner of the lien sale,
	106	+	2 and the occupant's name and unit number;
	107	+	3 (3) A notice of denial of access to the personal
	108	+	4 property, if such denial is permitted under the terms of
	109	+	5 the rental agreement, which provides the name, street
	110	+	6 address, and telephone number of the owner, or his
	111	+	7 designated agent, whom the occupant may contact to respond
	112	+	8 to this notice;
	113	+	9 (3.5) Except as otherwise provided by a rental
	114	+	10 agreement and until a lien sale, the exclusive care,
	115	+	11 custody, and control of all personal property stored in
	116	+	12 the leased self-service storage space remains vested in
	117	+	13 the occupant. No bailment or higher level of liability is
	118	+	14 created if the owner over-locks the occupant's lock,
	119	+	15 thereby denying the occupant access to the storage space.
	120	+	16 Rent and other charges related to the lien continue to
	121	+	17 accrue during the period of time when access is denied
	122	+	18 because of non-payment;
	123	+	19 (4) A demand for payment within a specified time not
	124	+	20 less than 14 days after delivery of the notice;
	125	+	21 (5) A conspicuous statement that unless the claim is
	126	+	22 paid within the time stated in the notice, the personal
	127	+	23 property will be advertised for sale or other disposition,
	128	+	24 and will be sold or otherwise disposed of at a specified
	129	+	25 time and place.
	130	+	26 (D) Any notice made pursuant to this Section shall be
	131	+
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	133	+
	134	+
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	141	+	1 presumed delivered when it is deposited with the United States
	142	+	2 Postal Service, and properly addressed with postage prepaid or
	143	+	3 sent by electronic mail and the owner receives a receipt of
	144	+	4 delivery to the occupant's last known address, except if the
	145	+	5 owner does not receive a receipt of delivery for the notice
	146	+	6 sent by electronic mail, the notice is presumed delivered when
	147	+	7 it is sent to the occupant by verified mail to the occupant's
	148	+	8 last known mailing address.
	149	+	9 (E) After the expiration of the time given in the notice,
	150	+	10 an advertisement of the sale or other disposition shall be
	151	+	11 published once a week for two consecutive weeks in a newspaper
	152	+	12 of general circulation where the self-service storage facility
	153	+	13 is located. The advertisement shall include:
	154	+	14 (1) The name of the facility, address, telephone
	155	+	15 number, date, time, location, and manner of lien sale and
	156	+	16 the occupant's name and unit number.
	157	+	17 (2) (Blank).
	158	+	18 (3) The sale or other disposition shall take place not
	159	+	19 sooner than 15 days after the first publication. If there
	160	+	20 is no newspaper of general circulation where the
	161	+	21 self-service storage facility is located, the
	162	+	22 advertisement shall be posted at least 10 days before the
	163	+	23 date of the sale or other disposition in not less than 6
	164	+	24 conspicuous places in the neighborhood where the
	165	+	25 self-service storage facility is located.
	166	+	26 (F) Any sale or other disposition of the personal property
	167	+
	168	+
	169	+
	170	+
	171	+
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	177	+	1 shall conform to the terms of the notification as provided for
	178	+	2 in this Section.
	179	+	3 (G) Any sale or other disposition of the personal property
	180	+	4 shall be held at the self-service storage facility, or at the
	181	+	5 nearest suitable place to where the personal property is held
	182	+	6 or stored. A sale under this Section shall be deemed to be held
	183	+	7 at the self-service storage facility where the personal
	184	+	8 property is stored if the sale is held on a publicly accessible
	185	+	9 online website.
	186	+	10 (G-5) If the property upon which the lien is claimed is a
	187	+	11 motor vehicle, trailer, or watercraft and rent or other
	188	+	12 charges related to the property remain unpaid or unsatisfied
	189	+	13 for 60 days or the occupant is in default of the rental
	190	+	14 agreement for 60 days, the owner may have the property towed
	191	+	15 from the self-service storage facility. If a motor vehicle,
	192	+	16 trailer, or watercraft is towed, the owner shall not be liable
	193	+	17 for any damage to the motor vehicle, trailer, or watercraft,
	194	+	18 once the tower takes possession of the property. After the
	195	+	19 motor vehicle, trailer, or watercraft is towed, the owner may
	196	+	20 pursue other collection options against the delinquent
	197	+	21 occupant for any outstanding debt. If the owner chooses to
	198	+	22 sell a motor vehicle, aircraft, mobile home, moped,
	199	+	23 motorcycle, snowmobile, trailer, or watercraft, the owner
	200	+	24 shall contact the Secretary of State and any other
	201	+	25 governmental agency as reasonably necessary to determine the
	202	+	26 name and address of the title holder or lienholder of the item,
	203	+
	204	+
	205	+
	206	+
	207	+
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	213	+	1 and the owner shall notify every identified title holder or
	214	+	2 lienholder of the time and place of the proposed sale. The
	215	+	3 owner is required to notify the holder of a security interest
	216	+	4 only if the security interest is filed under the name of the
	217	+	5 person signing the rental agreement or an occupant. An owner
	218	+	6 who fails to make the lien searches required by this Section is
	219	+	7 liable only to valid lienholders injured by that failure as
	220	+	8 provided in Section 3.
	221	+	9 (H) Before any sale or other disposition of personal
	222	+	10 property pursuant to this Section, the occupant may pay the
	223	+	11 amount necessary to satisfy the lien, and the reasonable
	224	+	12 expenses incurred under this Section, and thereby redeem the
	225	+	13 personal property. Upon receipt of such payment, the owner
	226	+	14 shall return the personal property, and thereafter the owner
	227	+	15 shall have no liability to any person with respect to such
	228	+	16 personal property.
	229	+	17 (I) A purchaser in good faith of the personal property
	230	+	18 sold to satisfy a lien, as provided for in Section 3 of this
	231	+	19 Act, takes the property free of any rights of persons against
	232	+	20 whom the lien was valid, despite noncompliance by the owner
	233	+	21 with the requirements of this Section.
	234	+	22 (J) In the event of a sale under this Section, the owner
	235	+	23 may satisfy his lien from the proceeds of the sale, but shall
	236	+	24 hold the balance, if any, for delivery on demand to the
	237	+	25 occupant. If the occupant does not claim the balance of the
	238	+	26 proceeds within one year of the date of sale, it shall become
	239	+
	240	+
	241	+
	242	+
	243	+
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	245	+
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	249	+	1 the property of the owner without further recourse by the
	250	+	2 occupant.
	251	+	3 (K) The lien on any personal property created by this Act
	252	+	4 shall be terminated as to any such personal property which is
	253	+	5 sold or otherwise disposed of pursuant to this Act and any such
	254	+	6 personal property which is removed from the self-service
	255	+	7 storage facility.
	256	+	8 (L) If 3 or more bidders who are unrelated to the owner are
	257	+	9 in attendance at a sale held under this Section, the sale and
	258	+	10 its proceeds are deemed to be commercially reasonable.
	259	+	11 (Source: P.A. 102-687, eff. 12-17-21.)
	260	+	12 (770 ILCS 95/7) (from Ch. 114, par. 807)
	261	+	13 Sec. 7. Prohibited use.
	262	+	14 (a) No occupant may use a self-service storage facility
	263	+	15 for residential purposes.
	264	+	16 (b) An occupant may not use a self-service storage
	265	+	17 facility after the owner has delivered written notice in
	266	+	18 person or by verified mail of the termination or non-renewal
	267	+	19 of the occupant's rental agreement.
	268	+	20 (1) Notice shall provide the occupant with not less
	269	+	21 than 14 days after delivery of the notice to remove all
	270	+	22 personal property from the self-service storage facility.
	271	+	23 (2) Prior to the occupant's removal of all personal
	272	+	24 property, the owner may place reasonable restrictions on
	273	+	25 the occupant's use of the self-service storage facility,
	274	+
	275	+
	276	+
	277	+
	278	+
	279	+	SB3460 Enrolled - 8 - LRB103 38164 JRC 68297 b
	280	+
	281	+
	282	+	SB3460 Enrolled- 9 -LRB103 38164 JRC 68297 b SB3460 Enrolled - 9 - LRB103 38164 JRC 68297 b
	283	+	SB3460 Enrolled - 9 - LRB103 38164 JRC 68297 b
	284	+
	285	+
	286	+
	287	+
	288	+
	289	+	SB3460 Enrolled - 9 - LRB103 38164 JRC 68297 b