Bill Text: IL SB0957 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning persons that are not to be granted a license or permit.
Spectrum: Moderate Partisan Bill (Democrat 26-6)
Status: (Passed) 2013-01-28 - Public Act . . . . . . . . . 97-1157 [SB0957 Detail]
Download: Illinois-2011-SB0957-Amended.html
Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning persons that are not to be granted a license or permit.
Spectrum: Moderate Partisan Bill (Democrat 26-6)
Status: (Passed) 2013-01-28 - Public Act . . . . . . . . . 97-1157 [SB0957 Detail]
Download: Illinois-2011-SB0957-Amended.html
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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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