Bill Status of SB1149  93rd General Assembly

Short Description:  VEH CD-SECURITY INTEREST

Senate Sponsors
Sen. George P. Shadid, Larry K. Bomke, Dale A. Righter and Adeline Jay Geo-Karis

House Sponsors
(Rep. Dan Reitz)

Last Action
DateChamber Action
  12/15/2003SenatePublic Act . . . . . . . . . 93-0621

Statutes Amended In Order of Appearance
625 ILCS 5/3-205from Ch. 95 1/2, par. 3-205


Synopsis As Introduced
Amends the Illinois Vehicle Code. Provides that within 15 days after payment in satisfaction of a security interest in a vehicle is received, a release of the security interest must be executed and the certificate of title delivered to the proper person (rather than within 10 days after demand or within 30 days after payment is received). Provides that the time limit is reduced to 5 days if the payment is received in the form of cash, cashier's check, or money order. Provides that a violation is a Class B misdemeanor, and the offender must pay a fine of $250 for each violation. Provides that a second or subsequent violation is a Class A misdemeanor.

Senate Floor Amendment No. 1
Deletes everything after the enacting clause. Reinserts the provisions of the original bill, with changes. Provides that the required actions must be taken within 21 (rather than 15) days after payment is received. Provides that a violation is a petty offense (rather than a Class B misdemeanor for a first violation and a Class A misdemeanor for a second or subsequent violation) and the offender must pay a fine of $250 (rather than a fine of $250 for each violation). Provides that, in addition to any other penalty, a lienholder who fails to meet the new requirements is liable to the person or entity that was supposed to receive the release or certificate for $250 plus attorney fees and court costs. Provides that an action under the provision may be brought in small claims court or in any other appropriate court. Effective immediately.

House Floor Amendment No. 1
Increases from 5 to 10 the number of business days allowed for taking the required actions if payment is received in the form of cash, cashier's check, or money order. Reduces from $250 plus attorney fees to $150 plus reasonable attorney fees the amount that must be paid to the person or entity that was supposed to receive the release or certificate. Deletes language making failure to execute a release or failure to mail or deliver the certificate and release a petty offense carrying a $250 fine.

Actions 
DateChamber Action
  2/20/2003SenateFiled with Secretary by Sen. George P. Shadid
  2/20/2003SenateFirst Reading
  2/20/2003SenateReferred to Rules
  2/27/2003SenateAssigned to Transportation
  3/4/2003SenateAdded as Co-Sponsor Sen. Larry K. Bomke
  3/5/2003SenateAdded as Co-Sponsor Sen. Dale A. Righter
  3/6/2003SenateAdded as Co-Sponsor Sen. Adeline Jay Geo-Karis
  3/12/2003SenateDo Pass Transportation; 010-000-000
  3/12/2003SenatePlaced on Calendar Order of 2nd Reading March 13, 2003
  3/18/2003SenateSecond Reading
  3/18/2003SenatePlaced on Calendar Order of 3rd Reading March 19, 2003
  3/21/2003SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. George P. Shadid
  3/21/2003SenateSenate Floor Amendment No. 1 Referred to Rules
  3/24/2003SenateSenate Floor Amendment No. 1 Rules Refers to Transportation
  3/25/2003SenateSenate Floor Amendment No. 1 Be Adopted Transportation; 008-000-000
  3/25/2003SenateRecalled to Second Reading
  3/25/2003SenateSenate Floor Amendment No. 1 Adopted; Shadid
  3/25/2003SenatePlaced on Calendar Order of 3rd Reading March 26, 2003
  3/26/2003SenateThird Reading - Passed; 057-000-000
  3/26/2003HouseArrived in House
  3/26/2003HousePlaced on Calendar Order of First Reading
  3/31/2003HouseChief House Sponsor Rep. Dan Reitz
  3/31/2003HouseFirst Reading
  3/31/2003HouseReferred to Rules Committee
  4/2/2003HouseAssigned to Transportation and Motor Vehicles Committee
  4/9/2003HouseDo Pass / Short Debate Transportation and Motor Vehicles Committee; 015-001-000
  4/9/2003HousePlaced on Calendar 2nd Reading - Short Debate
  4/10/2003HouseSecond Reading - Short Debate
  4/10/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/7/2003HouseRecalled to Second Reading - Short Debate
  5/7/2003HouseHeld on Calendar Order of Second Reading - Short Debate
  5/7/2003HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Dan Reitz
  5/7/2003HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/13/2003HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-000-000
  5/14/2003HouseSecond Reading - Short Debate
  5/14/2003HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  5/14/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/16/2003HouseCommittee/3rd Reading Deadline Extended-Rule 9(b); May 23, 2003
  5/21/2003HouseThird Reading - Short Debate - Passed 111-004-002
  5/22/2003SenateSecretary's Desk - Concurrence House Amendment(s) 01
  5/22/2003SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01 - May 23, 2003
  5/28/2003SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. George P. Shadid
  5/28/2003SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Rules
  5/30/2003SenateHouse Floor Amendment No. 1 Motion to Concur Rules Referred to Transportation
  5/30/2003SenateHouse Floor Amendment No. 1 Motion to Concur Be Adopted Transportation; 009-000-000
  5/30/2003SenateHouse Floor Amendment No. 1 Senate Concurs 057-001-000
  5/30/2003SenateMotion Filed to Reconsider Vote Sen. William E. Peterson
  10/23/2003SenateMotion to Reconsider Vote Withdrawn
  10/23/2003SenatePassed Both Houses
  11/21/2003SenateSent to the Governor
  12/15/2003SenateGovernor Approved
  12/15/2003SenateEffective Date December 15, 2003
  12/15/2003SenatePublic Act . . . . . . . . . 93-0621