Full Text of HB4984 97th General Assembly
HB4984ham002 97TH GENERAL ASSEMBLY | Rep. Patricia R. Bellock Filed: 3/26/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4984
| 2 | | AMENDMENT NO. ______. Amend House Bill 4984, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Vehicle Code is amended by | 6 | | changing Sections 3-110 and 3-116 as follows:
| 7 | | (625 ILCS 5/3-110) (from Ch. 95 1/2, par. 3-110)
| 8 | | Sec. 3-110. Refusing certificate of title. The Secretary of | 9 | | State shall refuse issuance of a certificate of title
if any | 10 | | required fee is not paid or if he has reasonable grounds to | 11 | | believe
that:
| 12 | | (a) the applicant is not the owner of the vehicle;
| 13 | | (b) the application contains a false or fraudulent | 14 | | statement;
| 15 | | (c) the applicant fails to furnish required | 16 | | information or documents or
any additional information the |
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| 1 | | Secretary of State reasonably requires; or
| 2 | | (d) the applicant has not paid to the Secretary of | 3 | | State any fees or
taxes due under this Act and have not | 4 | | been paid upon reasonable notice and
demand.
| 5 | | If the application refers to a vehicle sold at public | 6 | | auction under the Labor and Storage Lien Act, the Labor and | 7 | | Storage Lien (Small Amount) Act, or the Sale of Unclaimed | 8 | | Property Act and the Secretary of State refuses to issue a | 9 | | certificate of title, the Secretary of State shall provide the | 10 | | applicant with a written explanation for the refusal and any | 11 | | proof supporting the explanation. | 12 | | (Source: P.A. 97-333, eff. 8-12-11.)
| 13 | | (625 ILCS 5/3-116) (from Ch. 95 1/2, par. 3-116)
| 14 | | Sec. 3-116. When Secretary of State to issue a certificate | 15 | | of title.
| 16 | | (a) The Secretary of State, upon receipt of a properly | 17 | | assigned
certificate of title, with an application for a | 18 | | certificate of
title, the required fee and any other documents | 19 | | required by law, shall
issue a new certificate of title in the | 20 | | name of the transferee as owner
and mail it to the first | 21 | | lienholder named in it or, if none, to the
owner or owner's | 22 | | designee.
| 23 | | (b) The Secretary of State, upon receipt of an application | 24 | | for a new
certificate of title by a transferee other than by | 25 | | voluntary transfer,
with proof of the transfer, the required |
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| 1 | | fee and any other documents
required by law, shall issue a new | 2 | | certificate of title in the name of
the transferee as owner.
| 3 | | (c) Any person, firm or corporation, who shall knowingly | 4 | | possess,
buy, sell, exchange or give away, or offer to buy, | 5 | | sell, exchange or
give away the certificate of title to any | 6 | | motor vehicle which is a junk
or salvage, or who shall fail to | 7 | | surrender the certificate of title to
the Secretary of State as | 8 | | required under the provisions of this Section
and Section | 9 | | 3-117.2, shall be guilty of Class 3 felony.
| 10 | | (d) The Secretary of State shall file and retain for four | 11 | | (4) years a
record of every surrendered certificate of title or | 12 | | proof of ownership
accepted by the Secretary of State, the file | 13 | | to be maintained so as to
permit the tracing of title of the | 14 | | vehicle designated therein.
| 15 | | (e) The Secretary of State, upon receipt of an application | 16 | | for
corrected certificate of title, with the original title, | 17 | | the required fee
and any other required documents, shall issue | 18 | | a corrected certificate of
title in the name of the owner and | 19 | | mail it to the first lienholder named in
it or, if none, to the | 20 | | owner or owner's designee.
| 21 | | (f) The Secretary of State, upon receipt of a certified | 22 | | copy of a court
order awarding ownership to an applicant along | 23 | | with an application for a
certificate of title and the required | 24 | | fee, shall issue a certificate of title
to the applicant.
| 25 | | (g) If the application refers to a vehicle sold at public | 26 | | auction pursuant to the Labor and Storage Lien Act, the Labor |
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| 1 | | and Storage Lien (Small Amount) Act, or the Sale of Unclaimed | 2 | | Property Act, the Secretary of State shall, within 30 days | 3 | | after receiving the application, either issue the certificate | 4 | | of title in accordance with this Section or notify the | 5 | | applicant of the refusal to issue a certificate of title under | 6 | | Section 3-110. | 7 | | (Source: P.A. 90-212, eff. 1-1-98.)
| 8 | | Section 10. The Labor and Storage Lien Act is amended by | 9 | | changing Section 1 as follows:
| 10 | | (770 ILCS 45/1) (from Ch. 82, par. 40)
| 11 | | Sec. 1.
(a) Every person, firm or corporation who has
| 12 | | expended labor, skill or materials upon any chattel, or has | 13 | | furnished
storage for said chattel, at the request of its | 14 | | owner, reputed owner, or
authorized agent of the owner, or | 15 | | lawful possessor thereof, shall have a
lien upon such chattel | 16 | | beginning on the date of the commencement of such
expenditure | 17 | | of labor, skill and materials or of such storage for the
| 18 | | contract price for all such expenditure of labor, skill or | 19 | | materials, or
for all such storage, or in the absence of such | 20 | | contract price, for the
reasonable worth of such expenditure of | 21 | | labor, skill and materials, or of
such storage, for a period of | 22 | | one year from and after the completion of
such expenditure of | 23 | | labor, skill or materials, or of such storage,
notwithstanding | 24 | | the fact that the possession of such chattel has been
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| 1 | | surrendered to the owner, or lawful possessor thereof.
| 2 | | (b) If the chattel is a motor vehicle, a lien may be | 3 | | enforced under Section 3 of the Sale of Unclaimed Property Act | 4 | | on or after the 16th day after the completion of
the | 5 | | expenditure of labor, services, skill, or material or | 6 | | furnishing
of storage on or after the 16th day after the date | 7 | | agreed upon for redemption. | 8 | | (Source: Laws 1921, p. 508.)
| 9 | | Section 15. The Labor and Storage Lien (Small Amount) Act | 10 | | is amended by changing Sections 2 and 3 as follows:
| 11 | | (770 ILCS 50/2) (from Ch. 82, par. 47b)
| 12 | | Sec. 2.
(a) Unless the chattel is redeemed within 90 days | 13 | | of the completion of
the expenditure of such labor, services, | 14 | | skill, or material or furnishing
of storage, or within 90 days | 15 | | of the date agreed upon for redemption, the
lien may be | 16 | | enforced by a commercially reasonable public or private sale
| 17 | | conducted so as to maximize the net proceeds of said sale as | 18 | | hereinafter provided.
| 19 | | (b) Notwithstanding the provisions of subsection (a), if | 20 | | the chattel is a motor vehicle, a lien may be enforced under | 21 | | subsection (a) on or after the 16th day after the completion of
| 22 | | the expenditure of labor, services, skill, or material or | 23 | | furnishing
of storage or on or after the 16th day after the | 24 | | date agreed upon for redemption. |
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| 1 | | (Source: P.A. 85-1283.)
| 2 | | (770 ILCS 50/3) (from Ch. 82, par. 47c)
| 3 | | Sec. 3.
Such sale shall be held only after giving 30 days' | 4 | | notice of
the time and place of such sale, by publication once | 5 | | in some newspaper
of general circulation in the city, village, | 6 | | or incorporated town in
which such lienor expended such labor, | 7 | | services, skill, or material or
furnished such storage, or if | 8 | | there be none, or if the labor, service,
skill or material was | 9 | | not expended in a city, village, or incorporated
town, then in | 10 | | some newspaper of general circulation in the county in
which | 11 | | such lienor expended such labor, service, skill, or material or
| 12 | | furnished such storage, and also by certified mailing, 30 days | 13 | | before such
sale, a copy of such notice addressed to the person | 14 | | requesting or
consenting to such expenditure of labor, | 15 | | services, skill, or material or
furnishing of storage, if his | 16 | | address is known, or if his address is
unknown, to the last | 17 | | known address of such person. If no address is known
or | 18 | | discoverable after reasonable inquiry, the sale may be made | 19 | | without
mailing such notice. The published notice required by | 20 | | this Section shall be
in substantially the following form:
| 21 | | -------------------------------------------------------------
| 22 | | NOTICE IS HEREBY GIVEN
| 23 | | That on (insert date), a sale will be held at (insert | 24 | | place), to sell
the following articles to enforce a lien | 25 | | existing under the laws of the
State of Illinois against such |
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| 1 | | articles for labor, services, skill or
material expended upon a | 2 | | storage furnished for such articles at the
request of the | 3 | | following designated persons, unless such articles are
| 4 | | redeemed within thirty days of the publication of this notice.
| 5 | | -------------------------------------------------------------
| 6 | | Name of Person Description of Article Amount of lien
| 7 | | ................. ................. $.................
| 8 | | ................. ................. $.................
| 9 | | A separate notice need not be published for each lien to be | 10 | | enforced,
but several may be combined in one publication. | 11 | | If the chattel is a motor vehicle, the sale shall be held | 12 | | only after giving notice as required above and after giving | 13 | | written notice by certified mail to all lienholders of the | 14 | | vehicle. The notice must contain the name of the vehicle owner | 15 | | and the names of all lienholders; the year, make, and vehicle | 16 | | identification number of the vehicle; and the amount due and | 17 | | owing. The notice shall state the intent of the person having | 18 | | possession of the vehicle to enforce a lien under this Act | 19 | | unless the owner or a lienholder claims the vehicle within 10 | 20 | | days of receipt of the letter, and shall provide the date and | 21 | | location of the sale. The amount due and owing must be | 22 | | reasonable and may not exceed the usual and customary fees | 23 | | charged for the labor, services, skill, material, or storage. | 24 | | The lienholder claiming the vehicle shall be liable for no more | 25 | | than 15 days of storage fees. Proper documentation supporting | 26 | | the fees must be provided to the lienholder claiming the |
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| 1 | | vehicle. If the lienholder does not claim the vehicle within 30 | 2 | | days of the date of the certified letter, the lienholder | 3 | | surrenders interest in the vehicle.
| 4 | | (Source: P.A. 87-206 .)
| 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. The lien may be enforced only | 17 | | after giving written notice by certified mail to all | 18 | | lienholders of the vehicle. The notice must contain the name of | 19 | | the vehicle owner and the names of all lienholders; the year, | 20 | | make, and vehicle identification number of the vehicle; and the | 21 | | amount due and owing. The notice shall state the intent of the | 22 | | person having possession of the vehicle to enforce a lien under | 23 | | this Act unless the owner or a lienholder claims the vehicle | 24 | | within 10 days of receipt of the letter, and shall provide the | 25 | | date and location of the sale. The amount due and owing must be | 26 | | reasonable and may not exceed the usual and customary fees |
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| 1 | | charged for the labor, services, skill, material, or storage. | 2 | | The lienholder claiming the vehicle shall be liable for no more | 3 | | than 15 days of storage fees. Proper documentation supporting | 4 | | the fees must be provided to the lienholder claiming the | 5 | | vehicle. If the lienholder does not claim the vehicle within 30 | 6 | | days of the date of the certified letter, the lienholder | 7 | | surrenders interest in the vehicle. | 8 | | (Source: P.A. 87-206.)".
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