Full Text of HB2503 99th General Assembly
HB2503ham001 99TH GENERAL ASSEMBLY | Rep. Rita Mayfield Filed: 3/25/2015
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| 1 | | AMENDMENT TO HOUSE BILL 2503
| 2 | | AMENDMENT NO. ______. Amend House Bill 2503 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 3-104, 3-118, and 3-824 and by adding Section | 6 | | 3-104.5 as follows:
| 7 | | (625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
| 8 | | Sec. 3-104. Application for certificate of title.
| 9 | | (a) The application for a certificate of title for a | 10 | | vehicle in this
State must be made by the owner to the | 11 | | Secretary of State on the form
prescribed and must contain:
| 12 | | 1. The name, Illinois residence and mail address of the | 13 | | owner;
| 14 | | 2. A description of the vehicle including, so far as | 15 | | the following
data exists: Its make, year-model, | 16 | | identifying number, type of body,
whether new or used, as |
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| 1 | | to house trailers as
defined in Section 1-128 of this Code, | 2 | | and as to manufactured homes as defined in Section 1-144.03 | 3 | | of this Code, the square footage based upon the outside | 4 | | dimensions excluding
the length of the tongue and hitch, | 5 | | and, as to vehicles of the
second division, whether | 6 | | for-hire, not-for-hire, or both for-hire and
not-for-hire;
| 7 | | 3. The date of purchase by applicant and, if | 8 | | applicable, the name and
address of the person from whom | 9 | | the vehicle was acquired and the names and
addresses of any | 10 | | lienholders in the order of their priority and signatures | 11 | | of
owners;
| 12 | | 4. The current odometer reading at the time of transfer | 13 | | and that the
stated odometer reading is one of the | 14 | | following: actual mileage, not
the actual mileage or | 15 | | mileage is in excess of its mechanical limits; and
| 16 | | 5. Any further information the Secretary of State | 17 | | reasonably
requires to identify the vehicle and to enable | 18 | | him to determine whether
the owner is entitled to a | 19 | | certificate of title and the existence or
nonexistence of | 20 | | security interests in the vehicle. | 21 | | (a-5) The Secretary of State shall designate on the | 22 | | prescribed application form a space where the owner of a | 23 | | vehicle may designate a beneficiary, to whom ownership of the | 24 | | vehicle shall pass in the event of the owner's death.
| 25 | | (b) If the application refers to a vehicle purchased from a | 26 | | dealer,
it must also be signed by the dealer as well as the |
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| 1 | | owner, and the dealer must
promptly mail or deliver the | 2 | | application and required documents to the
Secretary of State.
| 3 | | (c) If the application refers to a vehicle last previously
| 4 | | registered in another State or country, the application must | 5 | | contain or
be accompanied by:
| 6 | | 1. Any certified document of ownership so recognized | 7 | | and issued by
the other State or country and acceptable to | 8 | | the Secretary of State, and
| 9 | | 2. Any other information and documents the Secretary of | 10 | | State
reasonably requires to establish the ownership of the | 11 | | vehicle and the
existence or nonexistence of security | 12 | | interests in it.
| 13 | | (d) If the application refers to a new vehicle it must be
| 14 | | accompanied by the Manufacturer's Statement of Origin, or other | 15 | | documents
as required and acceptable by the Secretary of State, | 16 | | with such
assignments as may be necessary to show title in the | 17 | | applicant.
| 18 | | (e) If an application refers to a vehicle rebuilt from a | 19 | | vehicle
previously salvaged, that application shall comply | 20 | | with the provisions
set forth in Sections 3-302 through 3-304 | 21 | | of this Code.
| 22 | | (f) An application for a certificate of title for any | 23 | | vehicle,
whether purchased in Illinois or outside Illinois, and | 24 | | even if
previously registered in another State, must be | 25 | | accompanied by either an
exemption determination from the | 26 | | 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 County | 10 | | Use Tax Act is owed by anyone with respect to that
vehicle, or | 11 | | a receipt from the Department of Revenue showing that any tax | 12 | | so
imposed has been paid. In the absence of such a receipt for | 13 | | payment or
determination of exemption from the Department, no | 14 | | certificate of title shall
be issued to 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 and | 17 | | 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 display | 20 | | certificate of title be returned to him.
| 21 | | (g) If the application refers to a vehicle not manufactured | 22 | | in
accordance with federal safety and emission standards, the | 23 | | application must
be accompanied by all documents required by | 24 | | federal governmental
agencies to meet their standards before a | 25 | | vehicle is allowed to be issued
title and registration.
| 26 | | (h) If the application refers to a vehicle sold at public |
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| 1 | | sale by a
sheriff, it must be accompanied by the required fee | 2 | | and a bill of sale
issued and signed by a sheriff. The bill of | 3 | | sale must identify the new
owner's name and address, the year | 4 | | model, make and vehicle identification
number of the vehicle, | 5 | | court order document number authorizing such sale,
if | 6 | | applicable, and the name and address of any lienholders in | 7 | | order of
priority, if applicable.
| 8 | | (i) If the application refers to a vehicle for which a | 9 | | court of law
determined the ownership, it must be accompanied | 10 | | with a certified copy of
such court order and the required fee. | 11 | | The court order must indicate the
new owner's name and address, | 12 | | the complete description of the vehicle, if
known, the name and | 13 | | address of the lienholder, if any, and must be signed
and dated | 14 | | by the judge issuing such order.
| 15 | | (j) If the application refers to a vehicle sold at public | 16 | | auction pursuant
to the Labor and Storage Lien (Small Amount) | 17 | | Act, it must be
accompanied by an affidavit or affirmation | 18 | | furnished by the Secretary of
State along with the
documents | 19 | | described in the affidavit or affirmation and the required fee.
| 20 | | (k) The Secretary may provide an expedited process for the | 21 | | issuance of vehicle titles. Expedited title applications must | 22 | | be delivered to the Secretary of State's Vehicle Services | 23 | | Department in Springfield by express mail service or hand | 24 | | delivery. Applications must be complete, including necessary | 25 | | forms, fees, and taxes. Applications received before noon on a | 26 | | business day will be processed and shipped that same day. |
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| 1 | | Applications received after noon on a business day will be | 2 | | processed and shipped the next business day. The Secretary | 3 | | shall charge an additional fee of $30 for this service, and | 4 | | that fee shall cover the cost of return shipping via an express | 5 | | mail service. All fees collected by the Secretary of State for | 6 | | expedited services shall be deposited into the Motor Vehicle | 7 | | License Plate Fund. In the event the Vehicle Services | 8 | | Department determines that the volume of expedited title | 9 | | requests received on a given day exceeds the ability of the | 10 | | Vehicle Services Department to process those requests in an | 11 | | expedited manner, the Vehicle Services Department may decline | 12 | | to provide expedited services, and the additional fee for the | 13 | | expedited service shall be refunded to the applicant. | 14 | | (l) If the application refers to a homemade trailer, (i) it | 15 | | must be accompanied by the appropriate documentation regarding | 16 | | the source of materials used in the construction of the | 17 | | trailer, as required by the Secretary of State, (ii) the | 18 | | trailer must be inspected by a Secretary of State employee | 19 | | prior to the issuance of the title, and (iii) upon approval of | 20 | | the Secretary of State, the trailer must have a vehicle | 21 | | identification number, as provided by the Secretary of State, | 22 | | stamped or riveted to the frame. | 23 | | (m) The holder of a Manufacturer's Statement of Origin to a | 24 | | manufactured home may deliver it to any person to facilitate | 25 | | conveying or encumbering the manufactured home. Any person | 26 | | receiving any such Manufacturer's Statement of Origin so |
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| 1 | | delivered holds it in trust for the person delivering it. | 2 | | (n) Within 45 days after the completion of the first retail | 3 | | sale of a manufactured home, the Manufacturer's Statement of | 4 | | Origin to that manufactured home must be surrendered to the | 5 | | Secretary of State either in conjunction with an application | 6 | | for a certificate of title for that manufactured home or in | 7 | | accordance with Section 3-116.1. | 8 | | (o) Each application for certificate of title for a motor | 9 | | vehicle shall be verified by the National Motor Vehicle Title | 10 | | Information System (NMVTIS) for a vehicle history report prior | 11 | | to the Secretary issuing a certificate of title. | 12 | | (Source: P.A. 97-918, eff. 1-1-13; 98-749, eff. 7-16-14.)
| 13 | | (625 ILCS 5/3-104.5 new) | 14 | | Sec. 3-104.5. Application NMVTIS warnings or errors. | 15 | | (a) Each application for a certificate of title or a | 16 | | salvage certificate for a motor vehicle that is verified by the | 17 | | National Motor Vehicle Title Information System (NMVTIS) that | 18 | | is returned with a warning or error shall be reviewed by the | 19 | | Secretary of State, or his or her designees, as to whether the | 20 | | warning or error warrants a change to the type of title or | 21 | | brand that is issued to a motor vehicle. If the Secretary needs | 22 | | supplemental information to verify or corroborate the | 23 | | information received from a NMVTIS report, then the Secretary | 24 | | may use any available commercial title history services or | 25 | | other Secretary of State resources to assist in determining the |
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| 1 | | vehicle's proper designation. | 2 | | (b) Any motor vehicle application for a certificate of | 3 | | title or a salvage certificate that another state has | 4 | | previously issued a title or brand indicating that the status | 5 | | of the motor vehicle is equivalent to a junk vehicle, as | 6 | | defined in Section 1-134.1 of this Code, shall receive a title | 7 | | with a "prior out of state junk" brand if that history item was | 8 | | issued 120 months or more before the date of the submission of | 9 | | the current application for title. | 10 | | (c) Any motor vehicle application for a certificate of | 11 | | title or a salvage certificate that is returned with a NMVTIS | 12 | | warning or error indicating that another state has previously | 13 | | issued a title or brand indicating the status of the motor | 14 | | vehicle is equivalent to a junk vehicle, as defined in Section | 15 | | 1-134.1 of this Code, shall be issued a junk certificate that | 16 | | reflects the motor vehicle's structural history, if the | 17 | | previously issued title or brand from another state was issued | 18 | | less than 120 months before the date of the submission of the | 19 | | current application for title. | 20 | | (d) Any motor vehicle application for a certificate of | 21 | | title or a salvage certificate that is returned with a NMVTIS | 22 | | warning or error indicating a brand or label from another | 23 | | jurisdiction, that does not have a similar or comparable brand | 24 | | or label in this State, shall include a notation or brand on | 25 | | the certificate of title stating "previously branded". | 26 | | (e) Any motor vehicle that is subject to the federal Truth |
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| 1 | | in Mileage Act, and is returned with a NMVTIS warning or error | 2 | | indicating the stated mileage of the vehicle on the application | 3 | | for certificate of title is 1,500 or fewer miles less than a | 4 | | previously recorded mileage for the vehicle, shall be deemed as | 5 | | having an acceptable margin of error and the higher of the 2 | 6 | | figures shall be indicated on the new certificate of title, if | 7 | | the previous mileage was recorded within 90 days of the date of | 8 | | the current application for title and if there are no | 9 | | indications of fraud or malfeasance, or of altering or | 10 | | tampering with the odometer. | 11 | | (f) Any applicant for a certificate of title or a salvage | 12 | | certificate who receives an alternative salvage or junk | 13 | | certificate, or who receives a certificate of title with a | 14 | | brand or label indicating the vehicle was previously rebuilt | 15 | | prior out of state junk, previously branded, or flood, may | 16 | | contest the Secretary's designations by requesting an | 17 | | administrative hearing under Section 2-116 of this Code. | 18 | | (g) The Secretary may adopt any rules necessary to | 19 | | implement this Section.
| 20 | | (625 ILCS 5/3-118) (from Ch. 95 1/2, par. 3-118)
| 21 | | Sec. 3-118. Application for salvage or junking | 22 | | certificate; contents.
| 23 | | (a) An application for a salvage certificate or junking | 24 | | certificate
shall be made upon the forms prescribed by the | 25 | | Secretary of State and contain:
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| 1 | | 1. The name and address of the owner;
| 2 | | 2. A description of the vehicle including, so far as | 3 | | the following
data exists: its make, year-model, | 4 | | identifying number, type of body,
whether new or used;
| 5 | | 3. The date of purchase by applicant; and
| 6 | | 4. Any further information reasonably required by the | 7 | | Secretary of State.
| 8 | | (b) The application for salvage certificate must also | 9 | | contain the
current odometer reading and that the stated | 10 | | odometer reading is one of the
following: actual mileage, not | 11 | | the actual mileage or mileage is in
excess of its mechanical | 12 | | limits.
| 13 | | (b-5) Each application for a salvage certificate for a | 14 | | motor vehicle shall be verified by the National Motor Vehicle | 15 | | Title Information System (NMVTIS) for a vehicle history report | 16 | | prior to the Secretary issuing a salvage certificate. | 17 | | (c) A salvage certificate may be assigned to any person | 18 | | licensed under
this Act as a rebuilder, automotive parts | 19 | | recycler, or scrap processor, or to an
out-of-state salvage | 20 | | vehicle buyer. A salvage certificate for a vehicle that has | 21 | | come from a police impoundment may be assigned to a municipal | 22 | | fire department. A junking certificate may be assigned
to | 23 | | anyone. The provisions for reassignment by dealers under | 24 | | paragraph (a)
of Section 3-113 shall apply to salvage | 25 | | certificates, except as provided
in Section 3-117.2. A salvage | 26 | | certificate may be reassigned to one other
person to whom a |
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| 1 | | salvage certificate may be assigned pursuant to this Section.
| 2 | | (Source: P.A. 95-301, eff. 1-1-08; 95-783, eff. 1-1-09.)
| 3 | | (625 ILCS 5/3-824) (from Ch. 95 1/2, par. 3-824)
| 4 | | Sec. 3-824. When fees returnable.
| 5 | | (a) Whenever any application
to the Secretary of State is | 6 | | accompanied by any fee as required by
law and such application | 7 | | is refused or rejected, said fee shall
be returned to said | 8 | | applicant.
| 9 | | (b) Whenever the Secretary of State collects any
fee not | 10 | | required to be paid under the provisions of this Act,
the same | 11 | | shall be refunded to the person paying the same upon
| 12 | | application therefor made within 6 months after the date of
| 13 | | such payment, except as follows: (1) whenever a
refund is | 14 | | determined to be due and
owing as a result of an audit, by this | 15 | | State or any other state or province,
in accordance with | 16 | | Section 2-124 of this Code, of a prorate or apportion
license | 17 | | fee payment pursuant to any reciprocal compact or agreement
| 18 | | between this State and any other state or province, and the | 19 | | Secretary for
any reason fails to promptly make such refund, | 20 | | the licensee shall have one
year from the date of the | 21 | | notification of the audit result to file, with
the Secretary, | 22 | | an application for refund found to be due and owing as a
result | 23 | | of such audit; and (2) whenever a person eligible for a reduced
| 24 | | registration fee pursuant to Section
3-806.3 of this Code has | 25 | | paid in excess of the reduced registration fee
owed, the refund |
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| 1 | | applicant shall have 2 years from the date of overpayment
to | 2 | | apply with the Secretary for a refund of that part of payment | 3 | | made in
excess of the established reduced registration fee.
| 4 | | (c) Whenever a person dies after making application for
| 5 | | registration, application for a refund of the registration
fees | 6 | | and taxes may be made if the vehicle is then sold or
disposed | 7 | | of so that the registration plates, registration
sticker and | 8 | | card are never used. The Secretary of State shall
refund the | 9 | | registration fees and taxes upon receipt within 6
months after | 10 | | the application for registration of an application
for refund | 11 | | accompanied with the unused registration plates or
| 12 | | registration sticker and card and proof of both the death of
| 13 | | the applicant and the sale or disposition of the vehicle.
| 14 | | (d) Any application for refund received after the times
| 15 | | specified in this Section shall be denied and the applicant
in | 16 | | order to receive a refund must apply to the Court of Claims.
| 17 | | (d-5) Refunds may be granted for any title-related | 18 | | transaction if a title application has not been processed by | 19 | | the Secretary of State. If any application for a certificate of | 20 | | title under Section 3-104 or salvage title under Section 3-118 | 21 | | is verified by the National Motor Vehicle Title Information | 22 | | System (NMVTIS), and receives a warning or error from the | 23 | | NMVTIS reporting that the vehicle requires either a salvage | 24 | | certificate or a junk certificate in lieu of the original | 25 | | applied certificate of title or salvage title, then the | 26 | | applicant shall have 6 months to apply for a refund of cost, or |
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| 1 | | the difference of the certificate of title or salvage | 2 | | certificate. | 3 | | (e) The Secretary of State is authorized to maintain a two
| 4 | | signature revolving checking account with a suitable | 5 | | commercial
bank for the purpose of depositing
and | 6 | | withdrawal-for-return those monies received and determined
| 7 | | upon receipt to be in excess of the amount or amounts required | 8 | | by law.
| 9 | | (f) Refunds on audits performed by Illinois or another | 10 | | member of the
International Registration Plan shall be made in | 11 | | accordance with the procedures
as set forth in the agreement.
| 12 | | (Source: P.A. 92-69, eff. 7-12-01.)
| 13 | | Section 10. "AN ACT concerning transportation", approved | 14 | | August 5, 2013, (Public Act 98-176), as amended by "AN ACT | 15 | | concerning transportation", approved July 16, 2014, (Public | 16 | | Act 98-722), is amended by changing Section 99 as follows: | 17 | | (P.A. 98-176, Sec. 99)
| 18 | | Sec. 99. Effective date. This Act takes effect July 1, 2015 | 19 | | July 8, 2015 .
| 20 | | (Source: P.A. 98-176; 98-722) | 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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