95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1915


 
Introduced 2/23/2007, by Rep. Jay C. Hoffman
 
SYNOPSIS AS INTRODUCED:
 		
















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


625 ILCS 5/3-107
  from Ch. 95 1/2, par. 3-107







    Amends the Illinois Vehicle Code. Provides that the Secretary of State shall designate, on a certificate of title and on an application for a certificate of title, 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.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB1915

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    AN ACT concerning transportation.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Illinois Vehicle Code is amended  by changing 
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Sections 3-104 and 3-107 as follows:
 



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



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

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


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        1. The name, Illinois residence and mail 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, as 
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    to house trailers as
defined in Section 1-128 of this Code, 
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    the square footage of the house
trailer based upon the 
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    outside dimensions of the house trailer excluding
the 
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    length of the tongue and hitch, and, as to vehicles of the

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    second division, whether for-hire, not-for-hire, or both 
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    for-hire and
not-for-hire;


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        3. The date of purchase by applicant and, if 
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    applicable, the name and
address of the person from whom 
 


 






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    the vehicle was acquired and the names and
addresses of any 
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    lienholders in the order of their priority and signatures 
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    of
owners;


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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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    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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    (a-5) The Secretary of State shall designate on the 
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prescribed application form a space where the owner of a 
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vehicle may designate a beneficiary, to whom ownership of the 
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vehicle shall pass in the event of the owner's death.


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

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

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


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


 


 






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

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

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

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

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


 






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tax imposed pursuant to the Municipal Use
Tax Act or the County 
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Use Tax Act is owed by anyone with respect to that
vehicle, or 
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a receipt from the Department of Revenue showing that any tax 
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so
imposed has been paid.  In the absence of such a receipt for 
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payment or
determination of exemption from the Department, no 
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certificate of title shall
be issued to the applicant.

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

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

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

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    (i) If the application refers to a vehicle for which a 
 


 






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

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

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(Source: P.A. 90-212, eff. 1-1-98; 90-422, eff. 8-15-97; 
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90-655, eff.
7-30-98.)

 



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    (625 ILCS 5/3-107)  (from Ch. 95 1/2, par. 3-107)


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    Sec. 3-107. Contents and effect. 

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    (a) Each certificate of title issued by the Secretary of 
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State shall
contain:


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        1.  the date issued;


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        2.  the name and address of the owner;


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        3.  the names and addresses of any lienholders, in the 
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    order of
priority as shown on the application or, if the 
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    application is based on
a certificate of title, as shown on 
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    the certificate;


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        4.  the title number assigned to the vehicle;


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        5.  a description of the vehicle including, so far as 
 


 






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    the following
data exists: its make, year-model, 
2
    identifying number, type of body,
whether new or used, as 
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    to house trailers as defined in Section 1-128 of
this Code, 
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    the square footage of the vehicle based upon the outside

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    dimensions of the house trailer excluding the length of the 
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    tongue and
hitch, and, if a new vehicle, the date of the 
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    first sale of the vehicle
for use;


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        6. an odometer certification as provided for in
this 
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    Code; and


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        7. any other data the Secretary of State prescribes.

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    (b) The certificate of title shall contain forms for 
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assignment and
warranty of title by the owner, and for 
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assignment and warranty of title
by a dealer, and may contain 
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forms for applications for a certificate of
title by a 
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transferee, the naming of a lienholder and the assignment or

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release of the security interest of a lienholder.
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    (b-5) The Secretary of State shall designate on a 
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certificate of title a space where the owner of a vehicle may 
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designate a beneficiary, to whom ownership of the vehicle shall 
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pass in the event of the owner's death.


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    (c) A certificate of title issued by the Secretary of State 
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is prima
facie evidence of the facts appearing on it.

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    (d) A certificate of title for a vehicle is not subject to

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garnishment, attachment, execution or other judicial process, 
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but this
subsection does not prevent a lawful levy upon the 
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vehicle.

 


 






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    (e) Any certificate of title issued by the Secretary of 
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State is
subject to a lien in favor of the State of Illinois 
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for any fees or
taxes required to be paid under this Act and as 
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have not been paid, as
provided for in this Code.

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(Source: P.A. 86-541; 86-1028; 87-206.)