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.)