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.
  


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A BILL FOR
 

  
HB3046LRB097 07198 HEP 47304 b


  
1    AN ACT concerning transportation.
  
 
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 
5Section 3-116 as follows:
 



6    (625 ILCS 5/3-116)  (from Ch. 95 1/2, par. 3-116)



7    Sec. 3-116. When Secretary of State to issue a certificate 
8of title. 

9    (a) The Secretary of State, upon receipt of a properly 
10assigned
certificate of title, with an application for a 
11certificate of
title, the required fee and any other documents 
12required by law, shall
issue a new certificate of title in the 
13name of the transferee as owner
and mail it to the first 
14lienholder named in it or, if none, to the
owner or owner's 
15designee.

16    (b) The Secretary of State, upon receipt of an application 
17for a new
certificate of title by a transferee other than by 
18voluntary transfer,
with proof of the transfer, the required 
19fee and any other documents
required by law, shall issue a new 
20certificate of title in the name of
the transferee as owner.

21    (c) Any person, firm or corporation, who shall knowingly 
22possess,
buy, sell, exchange or give away, or offer to buy, 
23sell, exchange or
give away the certificate of title to any 
 
 
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1motor vehicle which is a junk
or salvage, or who shall fail to 
2surrender the certificate of title to
the Secretary of State as 
3required under the provisions of this Section
and Section 
43-117.2, shall be guilty of Class 3 felony.

5    (d) The Secretary of State shall file and retain for four 
6(4) years a
record of every surrendered certificate of title or 
7proof of ownership
accepted by the Secretary of State, the file 
8to be maintained so as to
permit the tracing of title of the 
9vehicle designated therein.

10    (e) The Secretary of State, upon receipt of an application 
11for
corrected certificate of title, with the original title, 
12the required fee
and any other required documents, shall issue 
13a corrected certificate of
title in the name of the owner and 
14mail it to the first lienholder named in
it or, if none, to the 
15owner or owner's designee.

16    (f) The Secretary of State, upon receipt of a certified 
17copy of a court
order awarding ownership to an applicant along 
18with an application for a
certificate of title and the required 
19fee, shall issue a certificate of title
to the applicant.

20    (g) The Secretary of State, upon receipt of an application 
21for certificate of title  and the required fee, shall issue a 
22certificate of title to any applicant who shows the following:
23        (1) the current title holder has consented or is deemed 
24    to have consented to the transfer of title. For purposes of 
25    this subsection, consent is deemed to have been given when 
26    (A) the applicant for a certificate of title presents to 
 
 
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1    the Secretary a work order signed by the current title 
2    holder; or (B) the applicant for a certificate of title 
3    presents to the Secretary a signed statement affirming that 
4    the vehicle has remained on the property of the applicant 
5    for more than 15 days after the fulfillment of the purpose 
6    for which the vehicle was originally left on the property;
7        (2) the applicant has conducted a title search of 
8    Illinois records and of the records of any other state for 
9    which there is reason to believe a title may exist for the 
10    vehicle, and no other vehicle owners or lienholders exist; 
11    and
12        (3) the applicant has provided 30 days notice via 
13    certified mail to the last known address of all interested 
14    parties.
15(Source: P.A. 90-212, eff. 1-1-98.)

 
 
16    Section 99. Effective date. This Act takes effect January 
171, 2012.