SB0898ham001 103RD GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 5/20/2024

10300SB0898ham001 LRB103 03370 LNS 73645 a

AMENDMENT TO SENATE BILL 898

AMENDMENT NO. ______. Amend Senate Bill 898 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by changing Sections 3-101, 3-111, and 3-111.1 as follows:

(625 ILCS 5/3-101) (from Ch. 95 1/2, par. 3-101)

Sec. 3-101. Certificate of title required.

(a) Except as provided in Section 3-102, every owner of a vehicle which is in this State and for which no Illinois certificate of title has been issued by the Secretary of State shall make application to the Secretary of State for an Illinois a certificate of title of the vehicle. Except as provided in Section 3-102, every owner of a vehicle, excluding vehicles acquired by insurance companies through a settlement of an insurance claim or by lienholders taking title through repossession, that is in this State for which no Illinois certificate of title has been issued by the Secretary of State and every owner of a vehicle that is in the State applying for a duplicate certificate of title or a corrected certificate of title, including a dealer lien release certificate of title, must make application to the Secretary of State for an Illinois duplicate certificate of title or corrected certificate of title. A certificate of title issued to any owner of a vehicle, excluding vehicles acquired by insurance companies through a settlement of an insurance claim or by lienholders taking title through repossession, in this State showing an Illinois address for the owner that has been issued by an entity other than the Secretary of State must be converted to an Illinois title before the owner can transfer ownership of the vehicle.

Under no circumstances shall a dealer required to obtain an Illinois certificate of title pursuant to this Code be allowed to obtain an out-of-state certificate of title for purposes of a vehicle held for sale in this State by the dealer. Under no circumstances shall a dealer be allowed to obtain an out-of-state certificate of title in lieu of an Illinois-issued dealer lien release certificate of title when a dealer may have need of such title issuance. Nothing in this Section shall be construed so as to allow a dealer to acquire an out-of-state certificate of title in lieu of acquiring an Illinois certificate of title for purposes of a vehicle held for sale in this State by the dealer.

(b) Every owner of a motorcycle or motor driven cycle purchased new on and after January 1, 1980 shall make application to the Secretary of State for a certificate of title. However, if such cycle is not properly manufactured or equipped for general highway use pursuant to the provisions of this Act, it shall not be eligible for license registration, but shall be issued a distinctive certificate of title except as provided in Sections 3-102 and 3-110 of this Act.

(c) The Secretary of State shall not register or renew the registration of a vehicle unless a certificate of title has been issued by the Secretary of State to the owner or an application therefor has been delivered by the owner to the Secretary of State.

(d) Every owner of an all-terrain vehicle or off-highway motorcycle purchased on or after January 1, 1998 shall make application to the Secretary of State for a certificate of title.

(e) Every owner of a low-speed vehicle manufactured after January 1, 2010 shall make application to the Secretary of State for a certificate of title.

(Source: P.A. 96-653, eff. 1-1-10; 97-983, eff. 8-17-12.)

(625 ILCS 5/3-111) (from Ch. 95 1/2, par. 3-111)

Sec. 3-111. Lost, stolen or mutilated certificates. (a) If a certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the first lienholder or, if none, the owner or legal representative of the owner named in the certificate, as shown by the records of the Secretary of State, shall promptly make application to the Secretary of State for and may obtain a duplicate upon furnishing information satisfactory to the Secretary of State. The duplicate certificate of title shall contain the legend "This is a duplicate certificate and may be subject to the rights of a person under the original certificate." It shall be mailed to the first lienholder named in it or, if none, to the owner or the owner's designee. A certificate of title or a duplicate certificate of title issued by another State showing an Illinois address for the owner cannot be used to transfer ownership of a vehicle, except if the transfer is to or from an insurance company or a lienholder of the vehicle through repossession.

(b) The Secretary of State shall not issue a duplicate certificate of title to any person within 15 days after the issuance of an original certificate of title to such person.

(c) A person recovering an original certificate of title for which a duplicate has been issued shall promptly surrender the original certificate to the Secretary of State.

(d) An application for a duplicate certificate of title must state the current vehicle odometer reading at the time of application and that the stated odometer reading is one of the following: actual mileage, not the actual mileage or mileage is in excess of its mechanical limits.

(e) If a Display certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the owner or legal representative of the owner named in the original Display certificate of title and in the certificate of title, as shown by the records of the Secretary of State, shall promptly make application for and may obtain a duplicate upon furnishing information satisfactory to the Secretary of State. The duplicate Display certificate of title shall contain the legend "Duplicate Display Certificate of Title." It shall be mailed to the owner or legal representative of the owner named in the original Display certificate of title and in the certificate of title. Such duplicate Display certificate of title shall be attached and displayed in the same manner and in the same place as the original Display certificate of title would have been attached and displayed had it not been lost, stolen, mutilated or destroyed or had it not become illegible.

(Source: P.A. 86-444.)

(625 ILCS 5/3-111.1) (from Ch. 95 1/2, par. 3-111.1)

Sec. 3-111.1. Corrected certificates. An application for a corrected certificate of title must state the current vehicle odometer reading at the time of application and that the stated odometer reading is one of the following: actual mileage, not the actual mileage or mileage is in excess of its mechanical limits. The corrected certificate issued under this Section shall contain the notation "corrected". A certificate of title or a corrected certificate of title issued by another State showing an Illinois address for the owner cannot be used to transfer ownership of a vehicle, except if the transfer is to or from an insurance company or a lienholder of the vehicle through repossession. The owner of a vehicle with a certificate of title or duplicate certificate of title issued by another state showing an Illinois address cannot transfer ownership of the vehicle without first converting the certificate of title to an Illinois certificate of title, except if the transfer is to or from an insurance company or a lienholder of the vehicle through repossession.

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

Section 99. Effective date. This Act takes effect upon becoming law.".