HB3046 97TH GENERAL ASSEMBLY

LRB097 07198 HEP 47304 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3046

Introduced 2/23/2011, by Rep. Naomi D. Jakobsson

SYNOPSIS AS INTRODUCED:

625 ILCS 5/3-116

from Ch. 95 1/2, par. 3-116

Amends the Illinois Vehicle Code. Provides that the Secretary of State, upon receipt of an application for certificate of title and the required fee, shall issue a certificate of title to any applicant who shows the following: (1) the current title holder has or has been deemed to have consented to the transfer of title; (2) the applicant has conducted a title search for the vehicle and no other owners or lienholders exist; and (3) the applicant has provided 30 days notice via certified mail to the last known address of all interested parties. Provides that consent to the transference of title under the new provision is deemed to have been given when the applicant for a certificate of title presents (A) a signed work order; or (B) a signed statement affirming that the vehicle has remained on the property of the applicant for more than 15 days after the fulfillment of the purpose for which the vehicle was originally left on the property. Effective January 1, 2012.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Section 3-116 as follows:

(625 ILCS 5/3-116) (from Ch. 95 1/2, par. 3-116)

Sec. 3-116. When Secretary of State to issue a certificate of title.

(a) The Secretary of State, upon receipt of a properly assigned certificate of title, with an application for a certificate of title, the required fee and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner and mail it to the first lienholder named in it or, if none, to the owner or owner's designee.

(b) The Secretary of State, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner.

(c) Any person, firm or corporation, who shall knowingly possess, buy, sell, exchange or give away, or offer to buy, sell, exchange or give away the certificate of title to any motor vehicle which is a junk or salvage, or who shall fail to surrender the certificate of title to the Secretary of State as required under the provisions of this Section and Section 3-117.2, shall be guilty of Class 3 felony.

(d) The Secretary of State shall file and retain for four (4) years a record of every surrendered certificate of title or proof of ownership accepted by the Secretary of State, the file to be maintained so as to permit the tracing of title of the vehicle designated therein.

(e) The Secretary of State, upon receipt of an application for corrected certificate of title, with the original title, the required fee and any other required documents, shall issue a corrected certificate of title in the name of the owner and mail it to the first lienholder named in it or, if none, to the owner or owner's designee.

(f) The Secretary of State, upon receipt of a certified copy of a court order awarding ownership to an applicant along with an application for a certificate of title and the required fee, shall issue a certificate of title to the applicant.

(g) The Secretary of State, upon receipt of an application for certificate of title and the required fee, shall issue a certificate of title to any applicant who shows the following:

(1) the current title holder has consented or is deemed to have consented to the transfer of title. For purposes of this subsection, consent is deemed to have been given when (A) the applicant for a certificate of title presents to the Secretary a work order signed by the current title holder; or (B) the applicant for a certificate of title presents to the Secretary a signed statement affirming that the vehicle has remained on the property of the applicant for more than 15 days after the fulfillment of the purpose for which the vehicle was originally left on the property;

(2) the applicant has conducted a title search of Illinois records and of the records of any other state for which there is reason to believe a title may exist for the vehicle, and no other vehicle owners or lienholders exist; and

(3) the applicant has provided 30 days notice via certified mail to the last known address of all interested parties.

(Source: P.A. 90-212, eff. 1-1-98.)

Section 99. Effective date. This Act takes effect January 1, 2012.