SB0957sam001 97TH GENERAL ASSEMBLY

Sen. Iris Y. Martinez

Filed: 4/1/2011

 

 


 

 


 
09700SB0957sam001LRB097 04725 HEP 53726 a

1
AMENDMENT TO SENATE BILL 957

2    AMENDMENT NO. ______. Amend Senate Bill 957 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 3-116 as follows:
 
6    (625 ILCS 5/3-116)  (from Ch. 95 1/2, par. 3-116)
7    Sec. 3-116. When Secretary of State to issue a certificate
8of title.
9    (a) The Secretary of State, upon receipt of a properly
10assigned certificate of title, with an application for a
11certificate of title, the required fee and any other documents
12required by law, shall issue a new certificate of title in the
13name of the transferee as owner and mail it to the first
14lienholder named in it or, if none, to the owner or owner's
15designee.
16    (b) The Secretary of State, upon receipt of an application

 

 

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1for a new certificate of title by a transferee other than by
2voluntary transfer, with proof of the transfer, the required
3fee and any other documents required by law, shall issue a new
4certificate of title in the name of the transferee as owner.
5    (c) Any person, firm or corporation, who shall knowingly
6possess, buy, sell, exchange or give away, or offer to buy,
7sell, exchange or give away the certificate of title to any
8motor vehicle which is a junk or salvage, or who shall fail to
9surrender the certificate of title to the Secretary of State as
10required under the provisions of this Section and Section
113-117.2, shall be guilty of Class 3 felony.
12    (d) The Secretary of State shall file and retain for four
13(4) years a record of every surrendered certificate of title or
14proof of ownership accepted by the Secretary of State, the file
15to be maintained so as to permit the tracing of title of the
16vehicle designated therein.
17    (e) The Secretary of State, upon receipt of an application
18for corrected certificate of title, with the original title,
19the required fee and any other required documents, shall issue
20a corrected certificate of title in the name of the owner and
21mail it to the first lienholder named in it or, if none, to the
22owner or owner's designee.
23    (f) The Secretary of State, upon receipt of a certified
24copy of a court order awarding ownership to an applicant along
25with an application for a certificate of title and the required
26fee, shall issue a certificate of title to the applicant.

 

 

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1    (g) The Secretary of State, upon receipt of an application
2for certificate of title and the required fee, shall, within 30
3days, issue a certificate of title to any applicant who shows
4the 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.)
 
23    Section 99. Effective date. This Act takes effect January
241, 2012.".