Public Act 100-0145
 
HB3045 EnrolledLRB100 10970 AXK 21207 b


  
    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 
Sections 3-104, 3-405, and 7-604 as follows:
 



    (625 ILCS 5/3-104)  (from Ch. 95 1/2, par. 3-104)



    Sec. 3-104. Application for certificate of title. 

    (a) The application for a certificate of title for a 
vehicle in this
State must be made by the owner to the 
Secretary of State on the form
prescribed and must contain:

        1. The name, Illinois residence, and mail address, and, 
    if available, email address of the owner;

        2. A description of the vehicle including, so far as 
    the following
data exists: Its make, year-model, 
    identifying number, type of body,
whether new or used, as 
    to house trailers as
defined in Section 1-128 of this Code, 
    and as to manufactured homes as defined in Section 1-144.03 
    of this Code, the square footage based upon the outside 
    dimensions excluding
the length of the tongue and hitch, 
    and, as to vehicles of the
second division, whether 
    for-hire, not-for-hire, or both for-hire and
not-for-hire;

        3. The date of purchase by applicant and, if 
    applicable, the name and
address of the person from whom 
    the vehicle was acquired and the names and
addresses of any 
    lienholders in the order of their priority and signatures 
    of
owners;

        4. The current odometer reading at the time of transfer 
    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; and

        5. Any further information the Secretary of State 
    reasonably
requires to identify the vehicle and to enable 
    him to determine whether
the owner is entitled to a 
    certificate of title and the existence or
nonexistence of 
    security interests in the vehicle.
    (a-5) The Secretary of State shall designate on the 
prescribed application form a space where the owner of a 
vehicle may designate a beneficiary, to whom ownership of the 
vehicle shall pass in the event of the owner's death.


    (b) If the application refers to a vehicle purchased from a 
dealer,
it must also be signed by the dealer as well as the 
owner, and the dealer must
promptly mail or deliver the 
application and required documents to the
Secretary of State.

    (c) If the application refers to a vehicle last previously

registered in another State or country, the application must 
contain or
be accompanied by:

        1. Any certified document of ownership so recognized 
    and issued by
the other State or country and acceptable to 
    the Secretary of State, and

        2. Any other information and documents the Secretary of 
    State
reasonably requires to establish the ownership of the 
    vehicle and the
existence or nonexistence of security 
    interests in it.

    (d) If the application refers to a new vehicle it must be

accompanied by the Manufacturer's Statement of Origin, or other 
documents
as required and acceptable by the Secretary of State, 
with such
assignments as may be necessary to show title in the 
applicant.

    (e) If an application refers to a vehicle rebuilt from a 
vehicle
previously salvaged, that application shall comply 
with the provisions
set forth in Sections 3-302 through 3-304 
of this Code.

    (f) An application for a certificate of title for any 
vehicle,
whether purchased in Illinois or outside Illinois, and 
even if
previously registered in another State, must be 
accompanied by either an
exemption determination from the 
Department of Revenue showing that no
tax imposed pursuant to 
the Use Tax Act or the vehicle use tax imposed by
Section 
3-1001 of the Illinois Vehicle Code is owed by anyone with 
respect to
that vehicle, or a receipt from the Department of 
Revenue showing that any tax
so imposed has been paid.  An 
application for a certificate of title for any
vehicle 
purchased outside Illinois, even if previously registered in 
another
state, must be accompanied by either an exemption 
determination from the
Department of Revenue showing that no 
tax imposed pursuant to the Municipal Use
Tax Act or the County 
Use Tax Act is owed by anyone with respect to that
vehicle, or 
a receipt from the Department of Revenue showing that any tax 
so
imposed has been paid.  In the absence of such a receipt for 
payment or
determination of exemption from the Department, no 
certificate of title shall
be issued to the applicant.

    If the proof of payment of the tax or of nonliability 
therefor is,
after the issuance of the certificate of title and 
display certificate
of title, found to be invalid, the 
Secretary of State shall revoke the
certificate and require 
that the certificate of title and, when
applicable, the display 
certificate of title be returned to him.

    (g) If the application refers to a vehicle not manufactured 
in
accordance with federal safety and emission standards, the 
application must
be accompanied by all documents required by 
federal governmental
agencies to meet their standards before a 
vehicle is allowed to be issued
title and registration.

    (h) If the application refers to a vehicle sold at public 
sale by a
sheriff, it must be accompanied by the required fee 
and a bill of sale
issued and signed by a sheriff.  The bill of 
sale must identify the new
owner's name and address, the year 
model, make and vehicle identification
number of the vehicle, 
court order document number authorizing such sale,
if 
applicable, and the name and address of any lienholders in 
order of
priority, if applicable.

    (i) If the application refers to a vehicle for which a 
court of law
determined the ownership, it must be accompanied 
with a certified copy of
such court order and the required fee.  
The court order must indicate the
new owner's name and address, 
the complete description of the vehicle, if
known, the name and 
address of the lienholder, if any, and must be signed
and dated 
by the judge issuing such order.

    (j) If the application refers to a vehicle sold at public 
auction pursuant
to the Labor and Storage Lien (Small Amount) 
Act, it must be
accompanied by an affidavit or affirmation 
furnished by the Secretary of
State along with the
documents 
described in the affidavit or affirmation and the required fee.

    (k) The Secretary may provide an expedited process for the 
issuance of vehicle titles.  Expedited title applications must 
be delivered to the Secretary of State's Vehicle Services 
Department in Springfield by express mail service or hand 
delivery.  Applications must be complete, including necessary 
forms, fees, and taxes.  Applications received before noon on a 
business day will be processed and shipped that same day.  
Applications received after noon on a business day will be 
processed and shipped the next business day.  The Secretary 
shall charge an additional fee of $30 for this service, and 
that fee shall cover the cost of return shipping via an express 
mail service.  All fees collected by the Secretary of State for 
expedited services shall be deposited into the Motor Vehicle 
License Plate Fund. In the event the Vehicle Services 
Department determines that the volume of expedited title 
requests received on a given day exceeds the ability of the 
Vehicle Services Department to process those requests in an 
expedited manner, the Vehicle Services Department may decline 
to provide expedited services, and the additional fee for the 
expedited service shall be refunded to the applicant. 
    (l) If the application refers to a homemade trailer, (i) it 
must be accompanied by the appropriate documentation regarding 
the source of materials used in the construction of the 
trailer, as required by the Secretary of State, (ii) the 
trailer must be inspected by a Secretary of State employee 
prior to the issuance of the title, and (iii) upon approval of 
the Secretary of State, the trailer must have a vehicle 
identification number, as provided by the Secretary of State, 
stamped or riveted to the frame.
    (m) The holder of a Manufacturer's Statement of Origin to a 
manufactured home may deliver it to any person to facilitate 
conveying or encumbering the manufactured home.  Any person 
receiving any such Manufacturer's Statement of Origin so 
delivered holds it in trust for the person delivering it. 
    (n) Within 45 days after the completion of the first retail 
sale of a manufactured home, the Manufacturer's Statement of 
Origin to that manufactured home must be surrendered to the 
Secretary of State either in conjunction with an application 
for a certificate of title for that manufactured home or in 
accordance with Section 3-116.1. 
    (o)   Each application for certificate of title for a motor 
vehicle shall be verified by the National Motor Vehicle Title 
Information System (NMVTIS) for a vehicle history report prior 
to the Secretary issuing a certificate of title. 
(Source: P.A. 98-749, eff. 7-16-14; 99-414, eff. 8-20-15.)

 



    (625 ILCS 5/3-405)  (from Ch. 95 1/2, par. 3-405)


    Sec. 3-405. Application for registration. 

    (a) Every owner of a vehicle subject to registration under 
this Code shall
make application to the Secretary of State for 
the registration of such
vehicle upon the appropriate form or 
forms furnished by the Secretary.
Every such application shall 
bear the signature of the owner
written with pen and ink and 
contain:

        1. The name, domicile address, as defined in Section 
    1-115.5 of this Code, (except as otherwise provided in this

    paragraph 1), and mail address of the owner or
business 
    address of the owner if a firm, association, or 
    corporation, and, if available, email address of the owner.  
    If
the mailing address is a post office box number, the 
    address listed on the
driver license record may be used to 
    verify residence.
A police officer, a deputy sheriff, an 
    elected sheriff, a law enforcement
officer for the 
    Department of State Police, a fire investigator, a state's 
    attorney, an assistant state's attorney, a state's 
    attorney special investigator, or a judicial officer may 
    elect to
furnish
the address of the headquarters of the 
    governmental entity, police district, or business address

    where he or she
works instead of his or her domicile 
    address, in which case that address shall
be deemed to be 
    his or her domicile address for all purposes under this

    Chapter 3.
The spouse and children of a person who may 
    elect under this paragraph 1 to
furnish the address of the 
    headquarters of the government entity, police
district, or 
    business address where the person works instead of the 
    person's domicile address may,
if they reside with that 
    person, also elect to furnish the address of the

    headquarters of the government entity, police district, or 
    business address where the person works
as their domicile 
    address, in which case that address shall be deemed to be

    their domicile address for all purposes under this Chapter 
    3.
In this paragraph 1: (A)
"police officer" has the 
    meaning ascribed to "policeman" in Section 10-3-1 of
the 
    Illinois Municipal Code; (B) "deputy sheriff" means a 
    deputy sheriff
appointed under Section 3-6008 of the 
    Counties Code; (C) "elected sheriff"
means a sheriff 
    commissioned pursuant to Section 3-6001 of the Counties 
    Code;
 (D) "fire
investigator" means a person classified as 
    a peace officer under the Peace
Officer Fire Investigation 
    Act; (E) "state's attorney", "assistant state's attorney", 
    and "state's attorney special investigator" mean a state's 
    attorney, assistant state's attorney, and state's attorney 
    special investigator commissioned or appointed under 
    Division 3-9 of the Counties Code; and (F) "judicial 
    officer" has the meaning ascribed to it in Section 1-10 of 
    the Judicial Privacy Act.

        2. A description of the vehicle, including such 
    information as is
required in an application for a 
    certificate of title, determined under such
standard 
    rating as may be prescribed by the Secretary.

        3. (Blank). 

        4. Such further information as may reasonably be 
    required by the
Secretary to enable him to determine 
    whether the vehicle is
lawfully entitled to registration 
    and the owner entitled to a certificate
of title.

        5. An affirmation by the applicant that all information 
    set forth is
true and correct. If the
application is for 
    the registration of a motor vehicle, the applicant also

    shall affirm that the motor vehicle is insured as required 
    by this Code,
that such insurance will be maintained 
    throughout the period for which the
motor vehicle shall be 
    registered, and that neither the owner, nor any
person 
    operating the motor vehicle with the owner's permission, 
    shall
operate the motor vehicle unless the required 
    insurance is in effect.  If
the person signing the 
    affirmation is not the sole owner of the vehicle,
such 
    person shall be deemed to have affirmed on behalf of all 
    the owners of
the vehicle.  If the person signing the 
    affirmation is not an owner of the
vehicle, such person 
    shall be deemed to have affirmed on behalf of the
owner or 
    owners of the vehicle. The lack of signature on the 
    application
shall not in any manner exempt the owner or 
    owners from any provisions,
requirements or penalties of 
    this Code. 

    (b) When such application refers to a new vehicle purchased 
from a
dealer the application shall be accompanied by a 
Manufacturer's Statement
of Origin from the dealer, and a 
statement showing any lien retained by the
dealer.

(Source: P.A. 97-847, eff. 1-1-13; 98-539, eff. 1-1-14; 98-787, 
eff. 7-25-14.)

 


    (625 ILCS 5/7-604)  (from Ch. 95 1/2, par. 7-604)




    Sec. 7-604. Verification of liability insurance policy. 

    (a) The Secretary of State may select random samples
of 
registrations of motor vehicles subject to Section 7-601 of 
this Code,
or owners thereof, for the purpose of verifying 
whether or not the motor
vehicles are insured.

    In addition to such general random samples of motor vehicle

registrations, the Secretary may select for
verification other 
random samples, including, but not limited to
registrations of 
motor vehicles owned by persons:

        (1) whose motor vehicle registrations during the 
    preceding 4 years have
been suspended pursuant to Section 
    7-606 or 7-607 of this Code;

        (2) who during the preceding 4 years have been 
    convicted of violating
Section 3-707, 3-708 or 3-710 of 
    this Code while operating vehicles
owned by other persons;

        (3) whose driving privileges have been suspended 
    during the preceding 4
years;

        (4) who during the preceding 4 years acquired ownership 
    of motor
vehicles while the registrations of such vehicles 
    under the previous owners
were suspended pursuant to 
    Section 7-606 or 7-607 of this Code; or

        (5) who during the preceding 4 years have received a 
    disposition of
supervision under subsection (c) of Section 
    5-6-1 of the Unified Code of
Corrections for a violation of 
    Section 3-707, 3-708, or 3-710 of this Code.

    (b) Upon receiving certification from the Department of 
Transportation
under Section 7-201.2 of this Code of the name 
of an owner or operator of any
motor vehicle involved in an 
accident, the Secretary may verify whether or
not at the time 
of the accident such motor vehicle was covered by a
liability 
insurance policy in accordance with Section 7-601 of this Code.

    (c) In preparation for selection of random samples and 
their
verification, the Secretary may send to owners of 
randomly selected motor
vehicles, or to randomly selected motor 
vehicle owners, requests for
information about their motor 
vehicles and liability
insurance coverage electronically or, 
if electronic means are unavailable, via U.S. mail.  The request 
shall require the owner to state whether
or not the motor 
vehicle was insured on the verification date stated in the

Secretary's request and the request may require, but is not 
limited to,
a statement by the owner of the names and addresses 
of insurers, policy
numbers, and expiration dates of insurance 
coverage.

    (d) Within 30 days after the Secretary sends mails a 
request under subsection (c) of this Section, the owner to
whom 
it is sent shall furnish the requested information to the 
Secretary
above the owner's signed affirmation that such 
information is true and
correct.  Proof of insurance in effect 
on the verification date, as
prescribed by the Secretary, may 
be considered by the Secretary to be a
satisfactory response to 
the request for information.

    Any owner whose response indicates that his or her vehicle 
was
not covered by a liability insurance policy in accordance 
with
Section 7-601 of this Code shall be deemed to have 
registered or maintained
registration of a motor vehicle in 
violation of that Section. Any owner who
fails to respond to 
such a request shall be deemed to have registered or
maintained 
registration of a motor vehicle in violation of Section
7-601 
of this Code.

    (e) If the owner responds to the request for information by 
asserting
that his or her vehicle was covered by a liability 
insurance policy on the
verification date stated in the 
Secretary's request, the Secretary may
conduct a verification 
of the response by furnishing necessary information
to the 
insurer named in the response.  The insurer shall within
45 days

inform the Secretary whether or not on the verification date 
stated the
motor vehicle was insured by the insurer in 
accordance with Section 7-601
of this Code. The Secretary may 
by rule and regulation prescribe the
procedures for 
verification.

    (f) No random sample selected under this Section shall be 
categorized on
the basis of race, color, religion, sex, 
national origin, ancestry, age,
marital status, physical or 
mental disability, economic status
or geography.

    (g) (Blank). 
(Source: P.A. 98-787, eff. 7-25-14; 99-333, eff. 12-30-15 (see 
Section 15 of P.A. 99-483 for the effective date of changes 
made by P.A. 99-333); 99-737, eff. 8-5-16.)

  
 
    Section 95. No acceleration or delay. Where this Act makes 
changes in a statute that is represented in this Act by text 
that is not yet or no longer in effect (for example, a Section 
represented by multiple versions), the use of that text does 
not accelerate or delay the taking effect of (i) the changes 
made by this Act or (ii) provisions derived from any other 
Public Act.