Rep. David Reis
Filed: 3/16/2005
 
 

 




 

 		












09400HB3141ham001

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 
 


 






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.".