SB0957sam001 97TH GENERAL ASSEMBLY

Sen. Iris Y. Martinez

Filed: 4/1/2011

09700SB0957sam001 LRB097 04725 HEP 53726 a

AMENDMENT TO SENATE BILL 957

AMENDMENT NO. ______. Amend Senate Bill 957 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by changing Section 3-116 as follows:

(625 ILCS 5/3-116) (from Ch. 95 1/2, par. 3-116)

Sec. 3-116. When Secretary of State to issue a certificate of title.

(a) The Secretary of State, upon receipt of a properly assigned certificate of title, with an application for a certificate of title, the required fee and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner and mail it to the first lienholder named in it or, if none, to the owner or owner's designee.

(b) The Secretary of State, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner.

(c) Any person, firm or corporation, who shall knowingly possess, buy, sell, exchange or give away, or offer to buy, sell, exchange or give away the certificate of title to any motor vehicle which is a junk or salvage, or who shall fail to surrender the certificate of title to the Secretary of State as required under the provisions of this Section and Section 3-117.2, shall be guilty of Class 3 felony.

(d) The Secretary of State shall file and retain for four (4) years a record of every surrendered certificate of title or proof of ownership accepted by the Secretary of State, the file to be maintained so as to permit the tracing of title of the vehicle designated therein.

(e) The Secretary of State, upon receipt of an application for corrected certificate of title, with the original title, the required fee and any other required documents, shall issue a corrected certificate of title in the name of the owner and mail it to the first lienholder named in it or, if none, to the owner or owner's designee.

(f) The Secretary of State, upon receipt of a certified copy of a court order awarding ownership to an applicant along with an application for a certificate of title and the required fee, shall issue a certificate of title to the applicant.

(g) The Secretary of State, upon receipt of an application for certificate of title and the required fee, shall, within 30 days, issue a certificate of title to any applicant who shows the following:

(1) the current title holder has consented to the transfer of title. For purposes of this subsection, consent may be shown by either (A) a signed work order; or (B) a statement signed by the applicant for a certificate of title which affirms that the vehicle owner has surrendered the vehicle key to the applicant and that the vehicle has remained on the property of the applicant for more than 15 days after the fulfillment of the purpose for which the vehicle was originally left on the applicant's property;

(2) the applicant has conducted a title search of Illinois records and of the records of any other state for which there is reason to believe a title may exist for the vehicle, and no other vehicle owners or lienholders exist; and

(3) the applicant has provided 30 days' notice via certified mail to the last known address of all interested parties.

(Source: P.A. 90-212, eff. 1-1-98.)

Section 99. Effective date. This Act takes effect January 1, 2012.".