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

    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

 

HB4984LRB097 14792 HEP 62897 b

1    AN ACT concerning property.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 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
8State shall refuse issuance of a certificate of title if any
9required fee is not paid or if he has reasonable grounds to
10believe 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
21auction under the Labor and Storage Lien Act, the Labor and
22Storage Lien (Small Amount) Act, or the Sale of Unclaimed
23Property Act and the Secretary of State refuses to issue a

 

 

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1certificate of title, the Secretary of State shall provide the
2applicant with a written explanation for the refusal and any
3proof 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
7of title.
8    (a) The Secretary of State, upon receipt of a properly
9assigned certificate of title, with an application for a
10certificate of title, the required fee and any other documents
11required by law, shall issue a new certificate of title in the
12name of the transferee as owner and mail it to the first
13lienholder named in it or, if none, to the owner or owner's
14designee.
15    (b) The Secretary of State, upon receipt of an application
16for a new certificate of title by a transferee other than by
17voluntary transfer, with proof of the transfer, the required
18fee and any other documents required by law, shall issue a new
19certificate of title in the name of the transferee as owner.
20    (c) Any person, firm or corporation, who shall knowingly
21possess, buy, sell, exchange or give away, or offer to buy,
22sell, exchange or give away the certificate of title to any
23motor vehicle which is a junk or salvage, or who shall fail to
24surrender the certificate of title to the Secretary of State as
25required under the provisions of this Section and Section

 

 

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13-117.2, 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
4proof of ownership accepted by the Secretary of State, the file
5to be maintained so as to permit the tracing of title of the
6vehicle designated therein.
7    (e) The Secretary of State, upon receipt of an application
8for corrected certificate of title, with the original title,
9the required fee and any other required documents, shall issue
10a corrected certificate of title in the name of the owner and
11mail it to the first lienholder named in it or, if none, to the
12owner or owner's designee.
13    (f) The Secretary of State, upon receipt of a certified
14copy of a court order awarding ownership to an applicant along
15with an application for a certificate of title and the required
16fee, shall issue a certificate of title to the applicant.
17    (g) If the application refers to a vehicle sold at public
18auction pursuant to the Labor and Storage Lien Act, the Labor
19and Storage Lien (Small Amount) Act, or the Sale of Unclaimed
20Property Act, the Secretary of State shall, within 30 days
21after receiving the application, either issue the certificate
22of title in accordance with this Section or notify the
23applicant of the refusal to issue a certificate of title under
24Section 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
3the "Rules of the Road" published by the Secretary of State on
4or after the effective date of this amendatory Act of the 97th
5General Assembly shall contain a statement explaining that a
6vehicle owner does not have the right to leave the vehicle on
7the property of another person and that a vehicle left on the
8property of another person for more than 15 days shall be
9subject to a lien under the Sale of Unclaimed Property Act that
10may be enforced by the owner or lessor of the property.
 
11    Section 10. The Labor and Storage Lien Act is amended by
12changing 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
15expended labor, skill or materials upon any chattel, or has
16furnished storage for said chattel, at the request of its
17owner, reputed owner, or authorized agent of the owner, or
18lawful possessor thereof, shall have a lien upon such chattel
19beginning on the date of the commencement of such expenditure
20of labor, skill and materials or of such storage for the
21contract price for all such expenditure of labor, skill or
22materials, or for all such storage, or in the absence of such
23contract price, for the reasonable worth of such expenditure of
24labor, skill and materials, or of such storage, for a period of

 

 

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1one year from and after the completion of such expenditure of
2labor, skill or materials, or of such storage, notwithstanding
3the fact that the possession of such chattel has been
4surrendered to the owner, or lawful possessor thereof.
5    (b) If the chattel is a motor vehicle, a lien may be
6enforced under Section 3 of the Sale of Unclaimed Property Act
7on or after the 16th day after the completion of the
8expenditure of labor, services, skill, or material or
9furnishing of storage on or after the 16th day after the date
10agreed upon for redemption.
11(Source: Laws 1921, p. 508.)
 
12    Section 15. The Labor and Storage Lien (Small Amount) Act
13is 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
16of the completion of the expenditure of such labor, services,
17skill, or material or furnishing of storage, or within 90 days
18of the date agreed upon for redemption, the lien may be
19enforced by a commercially reasonable public or private sale
20conducted so as to maximize the net proceeds of said sale as
21hereinafter provided.
22    (b) Notwithstanding the provisions of subsection (a), if
23the chattel is a motor vehicle, a lien may be enforced under
24subsection (a) on or after the 16th day after the completion of

 

 

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1the expenditure of labor, services, skill, or material or
2furnishing of storage or on or after the 16th day after the
3date agreed upon for redemption.
4(Source: P.A. 85-1283.)
 
5    Section 20. The Sale of Unclaimed Property Act is amended
6by 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
9lien on personal property, by virtue of the Innkeepers Lien Act
10or for more than $2,000 by virtue of the Labor and Storage Lien
11Act may enforce the lien by a sale of the property, on giving
12to the owner thereof, if he and his residence be known to the
13person having such lien, 30 days' notice by certified mail, in
14writing of the time and place of such sale, and if the owner or
15his place of residence be unknown to the person having such
16lien, then upon his filing his affidavit to that effect with
17the clerk of the circuit court in the county where such
18property is situated; notice of the sale may be given by
19publishing the same once in each week for 3 successive weeks in
20some newspaper of general circulation published in the county,
21and out of the proceeds of the sale all costs and charges for
22advertising and making the same, and the amount of the lien
23shall be paid, and the surplus, if any, shall be paid to the
24owner of the property or, if not claimed by said owner, such

 

 

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1surplus, if any, shall be disposed under the Uniform
2Disposition of Unclaimed Property Act. All sales pursuant to
3this Section must be public and conducted in a commercially
4reasonable manner so as to maximize the net proceeds of the
5sale. Conformity to the requirements of this Act shall be a
6perpetual bar to any action against such lienor by any person
7for the recovery of such chattels or the value thereof or any
8damages growing out of the failure of such person to receive
9such chattels.
10    (b) Notwithstanding the provisions of subsection (a), if
11the chattel is a motor vehicle, a person having a lien on the
12vehicle by virtue of the Labor and Storage Lien Act may enforce
13the lien on or after the 16th day after the completion of the
14expenditure of labor, services, skill, or material or
15furnishing of storage or on or after the 16th day after the
16date agreed upon for redemption.
17(Source: P.A. 87-206.)