093_HB0094eng

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