Full Text of HB1915 95th General Assembly
HB1915enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 3-104 and 3-107 as follows:
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| (625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
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| Sec. 3-104. Application for certificate of title.
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| (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:
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| 1. The name, Illinois residence and mail address of the | 12 |
| owner;
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| 2. A description of the vehicle including, so far as | 14 |
| 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 Code, | 17 |
| the square footage of the house
trailer based upon the | 18 |
| outside dimensions of the house trailer excluding
the | 19 |
| length of the tongue and hitch, and, as to vehicles of the
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| second division, whether for-hire, not-for-hire, or both | 21 |
| for-hire and
not-for-hire;
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| 3. The date of purchase by applicant and, if | 23 |
| applicable, the name and
address of the person from whom |
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| the vehicle was acquired and the names and
addresses of any | 2 |
| lienholders in the order of their priority and signatures | 3 |
| of
owners;
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| 4. The current odometer reading at the time of transfer | 5 |
| and that the
stated odometer reading is one of the | 6 |
| following: actual mileage, not
the actual mileage or | 7 |
| mileage is in excess of its mechanical limits; and
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| 5. Any further information the Secretary of State | 9 |
| reasonably
requires to identify the vehicle and to enable | 10 |
| him to determine whether
the owner is entitled to a | 11 |
| certificate of title and the existence or
nonexistence of | 12 |
| security interests in the vehicle. | 13 |
| (a-5) The Secretary of State shall designate on the | 14 |
| prescribed application form a space where the owner of a | 15 |
| vehicle may designate a beneficiary, to whom ownership of the | 16 |
| vehicle shall pass in the event of the owner's death.
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| (b) If the application refers to a vehicle purchased from a | 18 |
| dealer,
it must also be signed by the dealer as well as the | 19 |
| owner, and the dealer must
promptly mail or deliver the | 20 |
| application and required documents to the
Secretary of State.
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| (c) If the application refers to a vehicle last previously
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| registered in another State or country, the application must | 23 |
| contain or
be accompanied by:
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| 1. Any certified document of ownership so recognized | 25 |
| and issued by
the other State or country and acceptable to | 26 |
| the Secretary of State, and
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| 2. Any other information and documents the Secretary of | 2 |
| State
reasonably requires to establish the ownership of the | 3 |
| vehicle and the
existence or nonexistence of security | 4 |
| interests in it.
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| (d) If the application refers to a new vehicle it must be
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| accompanied by the Manufacturer's Statement of Origin, or other | 7 |
| documents
as required and acceptable by the Secretary of State, | 8 |
| with such
assignments as may be necessary to show title in the | 9 |
| applicant.
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| (e) If an application refers to a vehicle rebuilt from a | 11 |
| vehicle
previously salvaged, that application shall comply | 12 |
| with the provisions
set forth in Sections 3-302 through 3-304 | 13 |
| of this Code.
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| (f) An application for a certificate of title for any | 15 |
| vehicle,
whether purchased in Illinois or outside Illinois, and | 16 |
| even if
previously registered in another State, must be | 17 |
| accompanied by either an
exemption determination from the | 18 |
| Department of Revenue showing that no
tax imposed pursuant to | 19 |
| the Use Tax Act or the vehicle use tax imposed by
Section | 20 |
| 3-1001 of the Illinois Vehicle Code is owed by anyone with | 21 |
| respect to
that vehicle, or a receipt from the Department of | 22 |
| Revenue showing that any tax
so imposed has been paid. An | 23 |
| application for a certificate of title for any
vehicle | 24 |
| purchased outside Illinois, even if previously registered in | 25 |
| another
state, must be accompanied by either an exemption | 26 |
| determination from the
Department of Revenue showing that no |
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| tax imposed pursuant to the Municipal Use
Tax Act or the County | 2 |
| Use Tax Act is owed by anyone with respect to that
vehicle, or | 3 |
| a receipt from the Department of Revenue showing that any tax | 4 |
| so
imposed has been paid. In the absence of such a receipt for | 5 |
| payment or
determination of exemption from the Department, no | 6 |
| certificate of title shall
be issued to the applicant.
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| If the proof of payment of the tax or of nonliability | 8 |
| therefor is,
after the issuance of the certificate of title and | 9 |
| display certificate
of title, found to be invalid, the | 10 |
| Secretary of State shall revoke the
certificate and require | 11 |
| that the certificate of title and, when
applicable, the display | 12 |
| certificate of title be returned to him.
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| (g) If the application refers to a vehicle not manufactured | 14 |
| in
accordance with federal safety and emission standards, the | 15 |
| application must
be accompanied by all documents required by | 16 |
| federal governmental
agencies to meet their standards before a | 17 |
| vehicle is allowed to be issued
title and registration.
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| (h) If the application refers to a vehicle sold at public | 19 |
| sale by a
sheriff, it must be accompanied by the required fee | 20 |
| and a bill of sale
issued and signed by a sheriff. The bill of | 21 |
| sale must identify the new
owner's name and address, the year | 22 |
| model, make and vehicle identification
number of the vehicle, | 23 |
| court order document number authorizing such sale,
if | 24 |
| applicable, and the name and address of any lienholders in | 25 |
| order of
priority, if applicable.
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| (i) If the application refers to a vehicle for which a |
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| court of law
determined the ownership, it must be accompanied | 2 |
| with a certified copy of
such court order and the required fee. | 3 |
| The court order must indicate the
new owner's name and address, | 4 |
| the complete description of the vehicle, if
known, the name and | 5 |
| address of the lienholder, if any, and must be signed
and dated | 6 |
| by the judge issuing such order.
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| (j) If the application refers to a vehicle sold at public | 8 |
| auction pursuant
to the Labor and Storage Lien (Small Amount) | 9 |
| Act, it must be
accompanied by an affidavit or affirmation | 10 |
| furnished by the Secretary of
State along with the
documents | 11 |
| described in the affidavit or affirmation and the required fee.
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| (Source: P.A. 90-212, eff. 1-1-98; 90-422, eff. 8-15-97; | 13 |
| 90-655, eff.
7-30-98.)
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| (625 ILCS 5/3-107) (from Ch. 95 1/2, par. 3-107)
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| Sec. 3-107. Contents and effect.
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| (a) Each certificate of title issued by the Secretary of | 17 |
| State shall
contain:
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| 1. the date issued;
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| 2. the name and address of the owner;
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| 3. the names and addresses of any lienholders, in the | 21 |
| order of
priority as shown on the application or, if the | 22 |
| application is based on
a certificate of title, as shown on | 23 |
| the certificate;
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| 4. the title number assigned to the vehicle;
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| 5. a description of the vehicle including, so far as |
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| the following
data exists: its make, year-model, | 2 |
| identifying number, type of body,
whether new or used, as | 3 |
| to house trailers as defined in Section 1-128 of
this Code, | 4 |
| the square footage of the vehicle based upon the outside
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| dimensions of the house trailer excluding the length of the | 6 |
| tongue and
hitch, and, if a new vehicle, the date of the | 7 |
| first sale of the vehicle
for use;
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| 6. an odometer certification as provided for in
this | 9 |
| Code; and
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| 7. any other data the Secretary of State prescribes.
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| (b) The certificate of title shall contain forms for | 12 |
| assignment and
warranty of title by the owner, and for | 13 |
| assignment and warranty of title
by a dealer, and may contain | 14 |
| forms for applications for a certificate of
title by a | 15 |
| transferee, the naming of a lienholder and the assignment or
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| release of the security interest of a lienholder. | 17 |
| (b-5) The Secretary of State shall designate on a | 18 |
| certificate of title a space where the owner of a vehicle may | 19 |
| designate a beneficiary, to whom ownership of the vehicle shall | 20 |
| pass in the event of the owner's death.
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| (c) A certificate of title issued by the Secretary of State | 22 |
| is prima
facie evidence of the facts appearing on it.
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| (d) A certificate of title for a vehicle is not subject to
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| garnishment, attachment, execution or other judicial process, | 25 |
| but this
subsection does not prevent a lawful levy upon the | 26 |
| vehicle.
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| (e) Any certificate of title issued by the Secretary of | 2 |
| State is
subject to a lien in favor of the State of Illinois | 3 |
| for any fees or
taxes required to be paid under this Act and as | 4 |
| have not been paid, as
provided for in this Code.
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| (Source: P.A. 86-541; 86-1028; 87-206.)
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