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Rep. David Reis
Filed: 3/16/2005
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09400HB3141ham001 |
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LRB094 08478 DRH 43830 a |
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| AMENDMENT TO HOUSE BILL 3141
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| AMENDMENT NO. ______. Amend House Bill 3141 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by |
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| changing Section 3-302 as follows:
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| (625 ILCS 5/3-302) (from Ch. 95 1/2, par. 3-302)
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| Sec. 3-302. Application for title; contents ; delay or |
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| wrongful denial . |
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| (a) Every application for
a certificate of title for a |
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| rebuilt vehicle shall be made upon a form
prescribed by the |
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| Secretary of State, and shall include the following:
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| 1. The name, residence and mailing address of the |
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| owner;
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| 2. A description of the vehicle including, so far as |
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| the following data
exists: its make, year-model, |
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| identifying number, type of body, whether
new or used, and |
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| as to vehicles of the second division, whether for-hire,
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| not-for-hire, or both for-hire and not-for-hire;
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| 3. The date of purchase by applicant, the name and |
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| address of the person
from whom the vehicle was acquired |
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| and the names and addresses of any
lienholders in the order |
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| of their priority;
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| 4. The current odometer reading at the time of transfer |
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| and that the
stated odometer reading is one of the |
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09400HB3141ham001 |
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LRB094 08478 DRH 43830 a |
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| following: actual mileage, not the
actual mileage or |
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| mileage is in excess of its mechanical limits; and
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| 5. Any further information the Secretary of State |
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| reasonably requires
to identify the vehicle and to enable |
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| him to determine whether the owner
is entitled to a |
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| certificate of title and the existence or nonexistence of
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| security interests in the vehicle. |
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| (b) If the Secretary of State fails to issue a certificate |
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| of title for a rebuilt vehicle within 30 days after receiving |
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| the application and the required fee, or if the Secretary of |
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| State denies the application without proper cause, the |
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| applicant may file an action against the Secretary of State in |
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| the circuit court in the county of the applicant's residence. |
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| The applicant in a successful action may recover damages, |
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| costs, and reasonable attorney's fees, as determined by the |
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| court. If the action is based on the Secretary's failure to |
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| issue the certificate of title within 30 days of receiving the |
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| application and fee, the applicant in a successful action may |
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| recover liquidated damages of not less than $500 and not more |
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| than $1,000 for each day, excluding the first 30 days, that the |
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| Secretary had the application and fee in his or her possession |
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| before issuing the certificate.
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| (Source: P.A. 92-651, eff. 7-11-02.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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