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Sen. Iris Y. Martinez
Filed: 4/1/2011
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| 1 | | AMENDMENT TO SENATE BILL 957
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 957 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Illinois Vehicle Code is amended by |
| 5 | | changing Section 3-116 as follows:
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| 6 | | (625 ILCS 5/3-116) (from Ch. 95 1/2, par. 3-116)
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| 7 | | Sec. 3-116. When Secretary of State to issue a certificate |
| 8 | | of title.
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| 9 | | (a) The Secretary of State, upon receipt of a properly |
| 10 | | assigned
certificate of title, with an application for a |
| 11 | | certificate of
title, the required fee and any other documents |
| 12 | | required by law, shall
issue a new certificate of title in the |
| 13 | | name of the transferee as owner
and mail it to the first |
| 14 | | lienholder named in it or, if none, to the
owner or owner's |
| 15 | | designee.
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| 16 | | (b) The Secretary of State, upon receipt of an application |
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| 1 | | for a new
certificate of title by a transferee other than by |
| 2 | | voluntary transfer,
with proof of the transfer, the required |
| 3 | | fee and any other documents
required by law, shall issue a new |
| 4 | | certificate of title in the name of
the transferee as owner.
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| 5 | | (c) Any person, firm or corporation, who shall knowingly |
| 6 | | possess,
buy, sell, exchange or give away, or offer to buy, |
| 7 | | sell, exchange or
give away the certificate of title to any |
| 8 | | motor vehicle which is a junk
or salvage, or who shall fail to |
| 9 | | surrender the certificate of title to
the Secretary of State as |
| 10 | | required under the provisions of this Section
and Section |
| 11 | | 3-117.2, shall be guilty of Class 3 felony.
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| 12 | | (d) The Secretary of State shall file and retain for four |
| 13 | | (4) years a
record of every surrendered certificate of title or |
| 14 | | proof of ownership
accepted by the Secretary of State, the file |
| 15 | | to be maintained so as to
permit the tracing of title of the |
| 16 | | vehicle designated therein.
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| 17 | | (e) The Secretary of State, upon receipt of an application |
| 18 | | for
corrected certificate of title, with the original title, |
| 19 | | the required fee
and any other required documents, shall issue |
| 20 | | a corrected certificate of
title in the name of the owner and |
| 21 | | mail it to the first lienholder named in
it or, if none, to the |
| 22 | | owner or owner's designee.
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| 23 | | (f) The Secretary of State, upon receipt of a certified |
| 24 | | copy of a court
order awarding ownership to an applicant along |
| 25 | | with an application for a
certificate of title and the required |
| 26 | | fee, shall issue a certificate of title
to the applicant.
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| 1 | | (g) The Secretary of State, upon receipt of an application |
| 2 | | for certificate of title and the required fee, shall, within 30 |
| 3 | | days, issue a certificate of title to any applicant who shows |
| 4 | | the following: |
| 5 | | (1) the current title holder has consented to the |
| 6 | | transfer of title. For purposes of this subsection, consent |
| 7 | | may be shown by either (A) a signed work order; or (B) a |
| 8 | | statement signed by the applicant for a certificate of |
| 9 | | title which affirms that the vehicle owner has surrendered |
| 10 | | the vehicle key to the applicant and that the vehicle has |
| 11 | | remained on the property of the applicant for more than 15 |
| 12 | | days after the fulfillment of the purpose for which the |
| 13 | | vehicle was originally left on the applicant's property; |
| 14 | | (2) the applicant has conducted a title search of |
| 15 | | Illinois records and of the records of any other state for |
| 16 | | which there is reason to believe a title may exist for the |
| 17 | | vehicle, and no other vehicle owners or lienholders exist; |
| 18 | | and |
| 19 | | (3) the applicant has provided 30 days' notice via |
| 20 | | certified mail to the last known address of all interested |
| 21 | | parties. |
| 22 | | (Source: P.A. 90-212, eff. 1-1-98.)
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| 23 | | Section 99. Effective date. This Act takes effect January |
| 24 | | 1, 2012.".
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