Full Text of HB4984 97th General Assembly
HB4984 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4984 Introduced , by Rep. Patricia R. Bellock SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/3-110 | from Ch. 95 1/2, par. 3-110 | 625 ILCS 5/3-116 | from Ch. 95 1/2, par. 3-116 | 625 ILCS 5/3-122 new | | 770 ILCS 45/1 | from Ch. 82, par. 40 | 770 ILCS 50/2 | from Ch. 82, par. 47b | 770 ILCS 90/3 | from Ch. 141, par. 3 |
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Amends the Illinois Vehicle Code. Provides that if an application for a certificate of title for a vehicle refers to a vehicle sold at public auction under the Labor and Storage Lien Act, the Labor and Storage Lien (Small Amount) Act, or the Sale of Unclaimed Property Act and the Secretary of State refuses to issue a certificate of title, the Secretary of State shall provide the applicant with a written explanation for the refusal and any proof supporting the explanation. Provides that if an application for a certificate of title for a vehicle refers to a vehicle sold at public auction under the Labor and Storage Lien Act, the Labor and Storage Lien (Small Amount) Act, or the Sale of Unclaimed Property Act, the Secretary of State shall, within 30 days after receiving the application, either issue the certificate of title or notify the applicant of the refusal to issue a certificate of title. Provides that each edition of the "Rules of the Road" published by the Secretary of State shall contain a statement explaining that a vehicle owner does not have the right to leave the vehicle on the property of another person and that a vehicle left on the property of another person for more than 15 days shall be subject to a lien under the Sale of Unclaimed Property Act that may be enforced by the owner or lessor of the property. Amends the Labor and Storage Lien Act, the Labor and Storage Lien (Small Amount) Act, or the Sale of Unclaimed Property Act. Provides that a lien on a motor vehicle may be enforced on or after the 16th day after the completion of the expenditure of labor, services, skill, or material or furnishing of storage on or after the 16th day after the date agreed upon for redemption.
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| | A BILL FOR |
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| 1 | | AN ACT concerning property.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 3-110 and 3-116 and adding Section 3-122 as follows:
| 6 | | (625 ILCS 5/3-110) (from Ch. 95 1/2, par. 3-110)
| 7 | | Sec. 3-110. Refusing certificate of title. The Secretary of | 8 | | State shall refuse issuance of a certificate of title
if any | 9 | | required fee is not paid or if he has reasonable grounds to | 10 | | believe
that:
| 11 | | (a) the applicant is not the owner of the vehicle;
| 12 | | (b) the application contains a false or fraudulent | 13 | | statement;
| 14 | | (c) the applicant fails to furnish required | 15 | | information or documents or
any additional information the | 16 | | Secretary of State reasonably requires; or
| 17 | | (d) the applicant has not paid to the Secretary of | 18 | | State any fees or
taxes due under this Act and have not | 19 | | been paid upon reasonable notice and
demand.
| 20 | | If the application refers to a vehicle sold at public | 21 | | auction under the Labor and Storage Lien Act, the Labor and | 22 | | Storage Lien (Small Amount) Act, or the Sale of Unclaimed | 23 | | Property Act and the Secretary of State refuses to issue a |
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| 1 | | certificate of title, the Secretary of State shall provide the | 2 | | applicant with a written explanation for the refusal and any | 3 | | proof supporting the explanation. | 4 | | (Source: P.A. 97-333, eff. 8-12-11.)
| 5 | | (625 ILCS 5/3-116) (from Ch. 95 1/2, par. 3-116)
| 6 | | Sec. 3-116. When Secretary of State to issue a certificate | 7 | | of title.
| 8 | | (a) The Secretary of State, upon receipt of a properly | 9 | | assigned
certificate of title, with an application for a | 10 | | certificate of
title, the required fee and any other documents | 11 | | required by law, shall
issue a new certificate of title in the | 12 | | name of the transferee as owner
and mail it to the first | 13 | | lienholder named in it or, if none, to the
owner or owner's | 14 | | designee.
| 15 | | (b) The Secretary of State, upon receipt of an application | 16 | | for a new
certificate of title by a transferee other than by | 17 | | voluntary transfer,
with proof of the transfer, the required | 18 | | fee and any other documents
required by law, shall issue a new | 19 | | certificate of title in the name of
the transferee as owner.
| 20 | | (c) Any person, firm or corporation, who shall knowingly | 21 | | possess,
buy, sell, exchange or give away, or offer to buy, | 22 | | sell, exchange or
give away the certificate of title to any | 23 | | motor vehicle which is a junk
or salvage, or who shall fail to | 24 | | surrender the certificate of title to
the Secretary of State as | 25 | | required under the provisions of this Section
and Section |
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| 1 | | 3-117.2, shall be guilty of Class 3 felony.
| 2 | | (d) The Secretary of State shall file and retain for four | 3 | | (4) years a
record of every surrendered certificate of title or | 4 | | proof of ownership
accepted by the Secretary of State, the file | 5 | | to be maintained so as to
permit the tracing of title of the | 6 | | vehicle designated therein.
| 7 | | (e) The Secretary of State, upon receipt of an application | 8 | | for
corrected certificate of title, with the original title, | 9 | | the required fee
and any other required documents, shall issue | 10 | | a corrected certificate of
title in the name of the owner and | 11 | | mail it to the first lienholder named in
it or, if none, to the | 12 | | owner or owner's designee.
| 13 | | (f) The Secretary of State, upon receipt of a certified | 14 | | copy of a court
order awarding ownership to an applicant along | 15 | | with an application for a
certificate of title and the required | 16 | | fee, shall issue a certificate of title
to the applicant.
| 17 | | (g) If the application refers to a vehicle sold at public | 18 | | auction pursuant to the Labor and Storage Lien Act, the Labor | 19 | | and Storage Lien (Small Amount) Act, or the Sale of Unclaimed | 20 | | Property Act, the Secretary of State shall, within 30 days | 21 | | after receiving the application, either issue the certificate | 22 | | of title in accordance with this Section or notify the | 23 | | applicant of the refusal to issue a certificate of title under | 24 | | Section 3-110. | 25 | | (Source: P.A. 90-212, eff. 1-1-98.)
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| 1 | | (625 ILCS 5/3-122 new) | 2 | | Sec. 3-122. "Rules of the Road"; statement. Each edition of | 3 | | the "Rules of the Road" published by the Secretary of State on | 4 | | or after the effective date of this amendatory Act of the 97th | 5 | | General Assembly shall contain a statement explaining that a | 6 | | vehicle owner does not have the right to leave the vehicle on | 7 | | the property of another person and that a vehicle left on the | 8 | | property of another person for more than 15 days shall be | 9 | | subject to a lien under the Sale of Unclaimed Property Act that | 10 | | may be enforced by the owner or lessor of the property.
| 11 | | Section 10. The Labor and Storage Lien Act is amended by | 12 | | changing Section 1 as follows:
| 13 | | (770 ILCS 45/1) (from Ch. 82, par. 40)
| 14 | | Sec. 1.
(a) Every person, firm or corporation who has
| 15 | | expended labor, skill or materials upon any chattel, or has | 16 | | furnished
storage for said chattel, at the request of its | 17 | | owner, reputed owner, or
authorized agent of the owner, or | 18 | | lawful possessor thereof, shall have a
lien upon such chattel | 19 | | beginning on the date of the commencement of such
expenditure | 20 | | of labor, skill and materials or of such storage for the
| 21 | | contract price for all such expenditure of labor, skill or | 22 | | materials, or
for all such storage, or in the absence of such | 23 | | contract price, for the
reasonable worth of such expenditure of | 24 | | labor, skill and materials, or of
such storage, for a period of |
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| 1 | | one year from and after the completion of
such expenditure of | 2 | | labor, skill or materials, or of such storage,
notwithstanding | 3 | | the fact that the possession of such chattel has been
| 4 | | surrendered to the owner, or lawful possessor thereof.
| 5 | | (b) If the chattel is a motor vehicle, a lien may be | 6 | | enforced under Section 3 of the Sale of Unclaimed Property Act | 7 | | on or after the 16th day after the completion of
the | 8 | | expenditure of labor, services, skill, or material or | 9 | | furnishing
of storage on or after the 16th day after the date | 10 | | agreed upon for redemption. | 11 | | (Source: Laws 1921, p. 508.)
| 12 | | Section 15. The Labor and Storage Lien (Small Amount) Act | 13 | | is amended by changing Section 2 as follows:
| 14 | | (770 ILCS 50/2) (from Ch. 82, par. 47b)
| 15 | | Sec. 2.
(a) Unless the chattel is redeemed within 90 days | 16 | | of the completion of
the expenditure of such labor, services, | 17 | | skill, or material or furnishing
of storage, or within 90 days | 18 | | of the date agreed upon for redemption, the
lien may be | 19 | | enforced by a commercially reasonable public or private sale
| 20 | | conducted so as to maximize the net proceeds of said sale as | 21 | | hereinafter provided.
| 22 | | (b) Notwithstanding the provisions of subsection (a), if | 23 | | the chattel is a motor vehicle, a lien may be enforced under | 24 | | subsection (a) on or after the 16th day after the completion of
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| 1 | | the expenditure of labor, services, skill, or material or | 2 | | furnishing
of storage or on or after the 16th day after the | 3 | | date agreed upon for redemption. | 4 | | (Source: P.A. 85-1283.)
| 5 | | Section 20. The Sale of Unclaimed Property Act is amended | 6 | | by changing Section 3 as follows:
| 7 | | (770 ILCS 90/3) (from Ch. 141, par. 3)
| 8 | | Sec. 3.
(a) All persons other than common carriers having a | 9 | | lien on personal
property, by virtue of the Innkeepers Lien Act | 10 | | or for more than $2,000 by
virtue of the Labor and Storage Lien | 11 | | Act may enforce the lien by a sale of
the property, on giving | 12 | | to the owner thereof, if he and his residence be
known to the | 13 | | person having such lien, 30 days' notice by certified mail, in
| 14 | | writing of the time and place of such sale, and if the owner or | 15 | | his place
of residence be unknown to the person having such | 16 | | lien, then upon his
filing his affidavit to that effect with | 17 | | the clerk of the circuit court in
the county where such | 18 | | property is situated; notice of the sale may be given
by | 19 | | publishing the same once in each week for 3 successive weeks in | 20 | | some
newspaper of general circulation published in the county, | 21 | | and out of the
proceeds of the sale all costs and charges for | 22 | | advertising and making the
same, and the amount of the lien | 23 | | shall be paid, and the surplus, if any,
shall be paid to the | 24 | | owner of the property or, if not claimed by said
owner, such |
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| 1 | | surplus, if any, shall be disposed under the Uniform | 2 | | Disposition
of Unclaimed Property Act. All sales pursuant to | 3 | | this Section must be
public and conducted in a commercially | 4 | | reasonable manner so as to maximize
the net proceeds of the | 5 | | sale. Conformity to the requirements of this Act
shall be a | 6 | | perpetual bar to any action against such lienor by any person
| 7 | | for the recovery of such chattels or the value thereof or any | 8 | | damages
growing out of the failure of such person to receive | 9 | | such chattels.
| 10 | | (b) Notwithstanding the provisions of subsection (a), if | 11 | | the chattel is a motor vehicle, a person having a lien on the | 12 | | vehicle by
virtue of the Labor and Storage Lien Act may enforce | 13 | | the lien on or after the 16th day after the completion of
the | 14 | | expenditure of labor, services, skill, or material or | 15 | | furnishing
of storage or on or after the 16th day after the | 16 | | date agreed upon for redemption. | 17 | | (Source: P.A. 87-206.)
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