093_HB0093

 
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 1        AN ACT in relation to vehicles.

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

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

 6        (625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
 7        Sec. 3-104. Application for certificate of title.
 8        (a)  The  application  for  a  certificate of title for a
 9    vehicle in this State must  be  made  by  the  owner  to  the
10    Secretary of State on the form prescribed and must contain:
11             1.  The name, Illinois residence and mail address of
12        the owner;
13             2.  A  description  of the vehicle including, so far
14        as the  following  data  exists:  Its  make,  year-model,
15        color,  identifying  number, type of body, whether new or
16        used, as to house trailers as defined in Section 1-128 of
17        this Code, the square footage of the house trailer  based
18        upon   the   outside  dimensions  of  the  house  trailer
19        excluding the length of the tongue and hitch, and, as  to
20        vehicles   of  the  second  division,  whether  for-hire,
21        not-for-hire, or both for-hire and not-for-hire;
22             3.  The  date  of  purchase  by  applicant  and,  if
23        applicable, the name and address of the person from  whom
24        the  vehicle  was acquired and the names and addresses of
25        any lienholders  in  the  order  of  their  priority  and
26        signatures of owners;
27             4.  The  current  odometer  reading  at  the time of
28        transfer and that the stated odometer reading is  one  of
29        the  following: actual mileage, not the actual mileage or
30        mileage is in excess of its mechanical limits; and
31             5.  Any further information the Secretary  of  State
 
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 1        reasonably requires to identify the vehicle and to enable
 2        him  to  determine  whether  the  owner  is entitled to a
 3        certificate of title and the existence or nonexistence of
 4        security interests in the vehicle.
 5        (b)  If the application refers  to  a  vehicle  purchased
 6    from  a  dealer, it must also be signed by the dealer as well
 7    as the owner, and the dealer must promptly  mail  or  deliver
 8    the  application  and  required documents to the Secretary of
 9    State.
10        (c)  If  the  application  refers  to  a   vehicle   last
11    previously  registered  in  another  State  or  country,  the
12    application must contain or be accompanied by:
13             1.  Any   certified   document   of   ownership   so
14        recognized  and  issued by the other State or country and
15        acceptable to the Secretary of State, and
16             2.  Any  other   information   and   documents   the
17        Secretary  of  State reasonably requires to establish the
18        ownership  of  the   vehicle   and   the   existence   or
19        nonexistence of security interests in it.
20        (d)  If  the  application refers to a new vehicle it must
21    be accompanied by the Manufacturer's Statement of Origin,  or
22    other  documents  as required and acceptable by the Secretary
23    of State, with such assignments as may be necessary  to  show
24    title in the applicant.
25        (e)  If an application refers to a vehicle rebuilt from a
26    vehicle  previously  salvaged,  that application shall comply
27    with the provisions set forth in Sections 3-302 through 3-304
28    of this Code.
29        (f)  An application for a certificate of  title  for  any
30    vehicle,  whether  purchased in Illinois or outside Illinois,
31    and even if previously registered in another State,  must  be
32    accompanied  by  either  an  exemption determination from the
33    Department of Revenue showing that no tax imposed pursuant to
34    the Use Tax Act or the vehicle use  tax  imposed  by  Section
 
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 1    3-1001  of  the  Illinois Vehicle Code is owed by anyone with
 2    respect to that vehicle, or a receipt from the Department  of
 3    Revenue  showing  that  any tax so imposed has been paid.  An
 4    application for  a  certificate  of  title  for  any  vehicle
 5    purchased  outside Illinois, even if previously registered in
 6    another state, must be accompanied  by  either  an  exemption
 7    determination  from the Department of Revenue showing that no
 8    tax imposed pursuant to the Municipal  Use  Tax  Act  or  the
 9    County  Use  Tax  Act  is owed by anyone with respect to that
10    vehicle, or a receipt from the Department of Revenue  showing
11    that  any  tax  so  imposed has been paid.  In the absence of
12    such a receipt for payment or determination of exemption from
13    the Department, no certificate of title shall  be  issued  to
14    the applicant.
15        If  the  proof  of  payment of the tax or of nonliability
16    therefor is, after the issuance of the certificate  of  title
17    and  display  certificate  of title, found to be invalid, the
18    Secretary of State shall revoke the certificate  and  require
19    that  the  certificate  of  title  and,  when applicable, the
20    display certificate of title be returned to him.
21        (g)  If  the  application  refers  to   a   vehicle   not
22    manufactured  in  accordance with federal safety and emission
23    standards,  the  application  must  be  accompanied  by   all
24    documents  required  by federal governmental agencies to meet
25    their standards before a vehicle  is  allowed  to  be  issued
26    title and registration.
27        (h)  If  the  application  refers  to  a  vehicle sold at
28    public sale by a sheriff,  it  must  be  accompanied  by  the
29    required  fee  and  a  bill  of  sale  issued and signed by a
30    sheriff.  The bill of sale must identify the new owner's name
31    and address, the year model, make and vehicle  identification
32    number   of   the   vehicle,   court  order  document  number
33    authorizing such  sale,  if  applicable,  and  the  name  and
34    address   of   any  lienholders  in  order  of  priority,  if
 
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 1    applicable.
 2        (i)  If the application refers to a vehicle for  which  a
 3    court of law determined the ownership, it must be accompanied
 4    with  a  certified  copy of such court order and the required
 5    fee.  The court order must indicate the new owner's name  and
 6    address,  the  complete description of the vehicle, if known,
 7    the name and address of the lienholder, if any, and  must  be
 8    signed and dated by the judge issuing such order.
 9        (j)  If  the  application  refers  to  a  vehicle sold at
10    public auction pursuant to the Labor and Storage Lien  (Small
11    Amount)  Act,  it  must  be  accompanied  by  an affidavit or
12    affirmation furnished by the Secretary of  State  along  with
13    the  documents  described in the affidavit or affirmation and
14    the required fee.
15    (Source: P.A. 90-212,  eff.  1-1-98;  90-422,  eff.  8-15-97;
16    90-655, eff. 7-30-98.)