093_HB0093eng

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