Full Text of HB2196 97th General Assembly
HB2196 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB2196 Introduced , by Rep. Jim Sacia SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/3-104 | from Ch. 95 1/2, par. 3-104 |
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Amends the Illinois Vehicle Code. Adds Secretary of State police officers to the category of persons who may conduct required inspections of homemade trailers prior to the issuance of a certificate of title. Effective July 1, 2011.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 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 changing | 5 | | 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 the | 12 | | owner;
| 13 | | 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
| 20 | | second division, whether for-hire, not-for-hire, or both | 21 | | 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 |
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| 1 | | the vehicle was acquired and the names and
addresses of any | 2 | | lienholders in the order of their priority and signatures | 3 | | of
owners;
| 4 | | 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
| 8 | | 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.
| 17 | | (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.
| 21 | | (c) If the application refers to a vehicle last previously
| 22 | | registered in another State or country, the application must | 23 | | contain or
be accompanied by:
| 24 | | 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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| 1 | | 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.
| 5 | | (d) If the application refers to a new vehicle it must be
| 6 | | 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.
| 10 | | (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.
| 14 | | (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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| 1 | | 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.
| 7 | | 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.
| 13 | | (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.
| 18 | | (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.
| 26 | | (i) If the application refers to a vehicle for which a |
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| 1 | | 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.
| 7 | | (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.
| 12 | | (k) The Secretary may provide an expedited process for the | 13 | | issuance of vehicle titles. Expedited title applications must | 14 | | be delivered to the Secretary of State's Vehicle Services | 15 | | Department in Springfield by express mail service or hand | 16 | | delivery. Applications must be complete, including necessary | 17 | | forms, fees, and taxes. Applications received before noon on a | 18 | | business day will be processed and shipped that same day. | 19 | | Applications received after noon on a business day will be | 20 | | processed and shipped the next business day. The Secretary | 21 | | shall charge an additional fee of $30 for this service, and | 22 | | that fee shall cover the cost of return shipping via an express | 23 | | mail service. All fees collected by the Secretary of State for | 24 | | expedited services shall be deposited into the Motor Vehicle | 25 | | License Plate Fund. In the event the Vehicle Services | 26 | | Department determines that the volume of expedited title |
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| 1 | | requests received on a given day exceeds the ability of the | 2 | | Vehicle Services Department to process those requests in an | 3 | | expedited manner, the Vehicle Services Department may decline | 4 | | to provide expedited services, and the additional fee for the | 5 | | expedited service shall be refunded to the applicant. | 6 | | (l) If the application refers to a homemade trailer, (i) it | 7 | | must be accompanied by the appropriate documentation regarding | 8 | | the source of materials used in the construction of the | 9 | | trailer, as required by the Secretary of State, (ii) the | 10 | | trailer must be inspected by a Secretary of State investigator, | 11 | | as described in Section 2-115 of this Code, or by a Secretary | 12 | | of State police officer prior to the issuance of the title, and | 13 | | (iii) upon approval of the Secretary of State, the trailer must | 14 | | have a vehicle identification number, as provided by the | 15 | | Secretary of State, stamped or riveted to the frame. | 16 | | (Source: P.A. 95-784, eff. 1-1-09; 96-519, eff. 1-1-10; 96-554, | 17 | | eff. 1-1-10; 96-1000, eff. 7-2-10.)
| 18 | | Section 99. Effective date. This Act takes effect July 1, | 19 | | 2011.
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