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90_HB1233enr
625 ILCS 5/3-104 from Ch. 95 1/2, par. 3-104
625 ILCS 5/3-111.1 from Ch. 95 1/2, par. 3-111.1
625 ILCS 5/3-112 from Ch. 95 1/2, par. 3-112
625 ILCS 5/3-114 from Ch. 95 1/2, par. 3-114
625 ILCS 5/3-116 from Ch. 95 1/2, par. 3-116
Amends the Illinois Vehicle Code. Provides that the
application for a certificate of title for a vehicle must
contain the Illinois residence (instead of residence) of the
owner. Provides that a corrected certificate of the title
shall contain the notation "corrected". Provides that when an
owner transfers his or her interest in a vehicle, the
transferee shall promptly and within 20 days (instead of 5
business days) after delivery of the vehicle and assigned
title execute the application for a new certificate of title
and cause the certificate and application to be mailed or
delivered to the Secretary of State. Provides that when a
leinholder has repossessed a vehicle, after the original 21
day notice to the debtor has been fulfilled, the lienholder
shall within 20 (instead of 15) days make an application to
the Secretary of State for a certificate of title, salvage
certificate, or junking certificate. Provides that upon
receipt of a certified copy of a court order awarding
ownership to an applicant along with an application for a
certificate of title and the required fee, the Secretary of
State shall issue a certificate of title to the applicant.
LRB9001185NTsbA
HB1233 Enrolled LRB9001185NTsbA
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 3-104, 3-111.1, 3-112, 3-114, and 3-116.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 3-104, 3-111.1, 3-112, 3-114, and 3-116 as
7 follows:
8 (625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
9 Sec. 3-104. Application for certificate of title.
10 (a) The application for a certificate of title for a
11 vehicle in this State must be made by the owner to the
12 Secretary of State on the form prescribed and must contain:
13 1. The name, Illinois residence and mail address of
14 the owner;
15 2. A description of the vehicle including, so far
16 as the following data exists: Its make, year-model,
17 identifying number, type of body, whether new or used, as
18 to house trailers as defined in Section 1-128 of this
19 Code, the square footage of the house trailer based upon
20 the outside dimensions of the house trailer excluding the
21 length of the tongue and hitch, and, as to vehicles of
22 the second division, whether for-hire, not-for-hire, or
23 both for-hire and not-for-hire;
24 3. The date of purchase by applicant and, if
25 applicable, the name and address of the person from whom
26 the vehicle was acquired and the names and addresses of
27 any lienholders in the order of their priority and
28 signatures of owners;
29 4. The current odometer reading at the time of
30 transfer and that the stated odometer reading is one of
31 the following: actual mileage, not the actual mileage or
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1 mileage is in excess of its mechanical limits; and
2 5. Any further information the Secretary of State
3 reasonably requires to identify the vehicle and to enable
4 him to determine whether the owner is entitled to a
5 certificate of title and the existence or nonexistence of
6 security interests in the vehicle.
7 (b) If the application refers to a vehicle purchased
8 from a dealer, it must also be signed by the dealer as well
9 as the owner, and the dealer must promptly mail or deliver
10 the application and required documents to the Secretary of
11 State.
12 (c) If the application refers to a vehicle last
13 previously registered in another State or country, the
14 application must contain or be accompanied by:
15 1. Any certified document of ownership so
16 recognized and issued by the other State or country and
17 acceptable to the Secretary of State, and
18 2. Any other information and documents the
19 Secretary of State reasonably requires to establish the
20 ownership of the vehicle and the existence or
21 nonexistence of security interests in it.
22 (d) If the application refers to a new vehicle it must
23 be accompanied by the Manufacturer's Statement of Origin, or
24 other documents as required and acceptable by the Secretary
25 of State, with such assignments as may be necessary to show
26 title in the applicant.
27 (e) If an application refers to a vehicle rebuilt from a
28 vehicle previously salvaged, that application shall comply
29 with the provisions set forth in Sections 3-302 through 3-304
30 of this Code.
31 (f) An application for a certificate of title for any
32 vehicle, whether purchased in Illinois or outside Illinois,
33 and even if previously registered in another State, must be
34 accompanied by either an exemption determination from the
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1 Department of Revenue showing that no tax imposed pursuant to
2 the Use Tax Act or the vehicle use tax imposed by Section
3 3-1001 of the Illinois Vehicle Code is owed by anyone with
4 respect to that vehicle, or a receipt from the Department of
5 Revenue showing that any tax so imposed has been paid. An
6 application for a certificate of title for any vehicle
7 purchased outside Illinois, even if previously registered in
8 another state, must be accompanied by either an exemption
9 determination from the Department of Revenue showing that no
10 tax imposed pursuant to the Municipal Use Tax Act or the
11 County Use Tax Act is owed by anyone with respect to that
12 vehicle, or a receipt from the Department of Revenue showing
13 that any tax so imposed has been paid. In the absence of
14 such a receipt for payment or determination of exemption from
15 the Department, no certificate of title shall be issued to
16 the applicant.
17 If the proof of payment of the tax or of nonliability
18 therefor is, after the issuance of the certificate of title
19 and display certificate of title, found to be invalid, the
20 Secretary of State shall revoke the certificate and require
21 that the certificate of title and, when applicable, the
22 display certificate of title be returned to him.
23 (g) If the application refers to a vehicle not
24 manufactured in accordance with federal safety and emission
25 standards, the application must be accompanied by all
26 documents required by federal governmental agencies to meet
27 their standards before a vehicle is allowed to be issued
28 title and registration.
29 (h) If the application refers to a vehicle sold at
30 public sale by a sheriff, it must be accompanied by the
31 required fee and a bill of sale issued and signed by a
32 sheriff. The bill of sale must identify the new owner's name
33 and address, the year model, make and vehicle identification
34 number of the vehicle, court order document number
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1 authorizing such sale, if applicable, and the name and
2 address of any lienholders in order of priority, if
3 applicable.
4 (i) If the application refers to a vehicle for which a
5 court of law determined the ownership, it must be accompanied
6 with a certified copy of such court order and the required
7 fee. The court order must indicate the new owner's name and
8 address, the complete description of the vehicle, if known,
9 the name and address of the lienholder, if any, and must be
10 signed and dated by the judge issuing such order.
11 (j) If the application refers to a vehicle sold at
12 public auction pursuant to the Labor and Storage Lien (Small
13 Amount) Act, it must be accompanied by an affidavit furnished
14 by the Secretary of State along with the documents described
15 in the affidavit and the required fee.
16 (Source: P.A. 87-206; 88-45.)
17 (625 ILCS 5/3-111.1) (from Ch. 95 1/2, par. 3-111.1)
18 Sec. 3-111.1. Corrected certificates. An application
19 for a corrected certificate of title must state the current
20 vehicle odometer reading at the time of application and that
21 the stated odometer reading is one of the following: actual
22 mileage, not the actual mileage or mileage is in excess of
23 its mechanical limits. The corrected certificate issued under
24 this Section shall contain the notation "corrected".
25 (Source: P.A. 86-444.)
26 (625 ILCS 5/3-112) (from Ch. 95 1/2, par. 3-112)
27 Sec. 3-112. Transfer. (a) If an owner transfers his
28 interest in a vehicle, other than by the creation of a
29 security interest, at the time of the delivery of the vehicle
30 he shall execute to the transferee an assignment and warranty
31 of title in the space provided on the certificate of title,
32 or as the Secretary of State prescribes, and cause the
HB1233 Enrolled -5- LRB9001185NTsbA
1 certificate and assignment to be mailed or delivered to the
2 transferee or to the Secretary of State.
3 If the vehicle is subject to a tax under the Mobile Home
4 Local Services Tax Act in a county with a population of less
5 than 3,000,000, the owner shall also provide to the
6 transferee a certification by the treasurer of the county in
7 which the vehicle is situated that all taxes owed by the
8 owner for the vehicle have been paid. If the owner is a
9 licensed dealer who has purchased the vehicle and is holding
10 it for resale, in lieu of acquiring a certification from the
11 county treasurer he shall forward the certification received
12 from the previous owner to the next buyer of the vehicle.
13 The owner shall cause the certification to be mailed or
14 delivered to the Secretary of State with the certificate of
15 title and assignment.
16 (b) Except as provided in Section 3-113, the transferee
17 shall, promptly and within 20 5 business days after delivery
18 to him of the vehicle and the assigned title, execute the
19 application for a new certificate of title in the space
20 provided therefor on the certificate or as the Secretary of
21 State prescribes, and cause the certificate and application
22 to be mailed or delivered to the Secretary of State.
23 (c) Upon request of the owner or transferee, a
24 lienholder in possession of the certificate of title shall,
25 unless the transfer was a breach of his security agreement,
26 either deliver the certificate to the transferee for delivery
27 to the Secretary of State or, upon receipt from the
28 transferee of the owner's assignment, the transferee's
29 application for a new certificate and the required fee, mail
30 or deliver them to the Secretary of State. The delivery of
31 the certificate does not affect the rights of the lienholder
32 under his security agreement.
33 (d) If a security interest is reserved or created at the
34 time of the transfer, the certificate of title shall be
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1 retained by or delivered to the person who becomes the
2 lienholder, and the parties shall comply with the provisions
3 of Section 3-203.
4 (e) Except as provided in Section 3-113 and as between
5 the parties, a transfer by an owner is not effective until
6 the provisions of this Section and Section 3-115 have been
7 complied with; however, an owner who has delivered possession
8 of the vehicle to the transferee and has complied with the
9 provisions of this Section and Section 3-115 requiring action
10 by him as not liable as owner for any damages thereafter
11 resulting from operation of the vehicle.
12 (f) The Secretary of State shall not process any
13 application for a transfer of an interest in a vehicle if any
14 fees or taxes due under this Act from the transferor or the
15 transferee have not been paid upon reasonable notice and
16 demand.
17 (g) If the Secretary of State receives an application
18 for transfer of a vehicle subject to a tax under the Mobil
19 Home Local Services Tax Act in a county with a population of
20 less than 3,000,000, such application must be accompanied by
21 the required certification by the county treasurer or tax
22 assessor authorizing the issuance of the title.
23 (Source: P.A. 86-226; 86-460; 86-1028.)
24 (625 ILCS 5/3-114) (from Ch. 95 1/2, par. 3-114)
25 Sec. 3-114. Transfer by operation of law.
26 (a) If the interest of an owner in a vehicle passes to
27 another other than by voluntary transfer, the transferee
28 shall, except as provided in paragraph (b), promptly mail or
29 deliver within 20 days to the Secretary of State the last
30 certificate of title, if available, proof of the transfer,
31 and his application for a new certificate in the form the
32 Secretary of State prescribes. It shall be unlawful for any
33 person having possession of a certificate of title for a
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1 motor vehicle, semi-trailer, or house car by reason of his
2 having a lien or encumbrance on such vehicle, to fail or
3 refuse to deliver such certificate to the owner, upon the
4 satisfaction or discharge of the lien or encumbrance,
5 indicated upon such certificate of title.
6 (b) If the interest of an owner in a vehicle passes to
7 another under the provisions of the Small Estates provisions
8 of the Probate Act of 1975 the transferee shall promptly mail
9 or deliver to the Secretary of State, within 120 days, the
10 last certificate of title, if available, the documentation
11 required under the provisions of the Probate Act of 1975, and
12 an application for certificate of title. The Small Estate
13 Affidavit form shall be furnished by the Secretary of State.
14 The transfer may be to the transferee or to the nominee of
15 the transferee.
16 (c) If the interest of an owner in a vehicle passes to
17 another under other provisions of the Probate Act of 1975, as
18 amended, and the transfer is made by a representative or
19 guardian, such transferee shall promptly mail or deliver to
20 the Secretary of State, the last certificate of title, if
21 available, and a certified copy of the letters of office or
22 guardianship, and an application for certificate of title.
23 Such application shall be made before the estate is closed.
24 The transfer may be to the transferee or to the nominee of
25 the transferee.
26 (d) If the interest of an owner in joint tenancy passes
27 to the other joint tenant with survivorship rights as
28 provided by law, the transferee shall promptly mail or
29 deliver to the Secretary of State, the last certificate of
30 title, if available, proof of death of the one joint tenant
31 and survivorship of the surviving joint tenant, and an
32 application for certificate of title. Such application shall
33 be made within 120 days after the death of the joint tenant.
34 The transfer may be to the transferee or to the nominee of
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1 the transferee.
2 (e) The Secretary of State shall transfer a decedent's
3 vehicle title to any legatee, representative or heir of the
4 decedent who submits to the Secretary a death certificate and
5 an affidavit by an attorney at law on the letterhead
6 stationery of the attorney at law stating the facts of the
7 transfer.
8 (f) In all cases wherein a lienholder has repossessed a
9 vehicle, after the original 21 day notice to the debtor has
10 been fulfilled, the lienholder shall within 20 15 days make
11 an application to the Secretary of State for a certificate of
12 title, a salvage certificate or a junking certificate, as set
13 forth in this Code. In all cases, however, the Secretary of
14 State shall not issue a certificate of title, a salvage
15 certificate or a junking certificate to such lienholder
16 unless the person from whom such vehicle has been repossessed
17 is shown to be the last registered owner of such motor
18 vehicle and such lienholder establishes to the satisfaction
19 of the Secretary of State that he is entitled to such
20 certificate of title, salvage certificate or junking
21 certificate. The Secretary of State shall provide by rule for
22 the standards to be followed by a lienholder in order to
23 obtain a certificate of title for a repossessed vehicle.
24 (g) A person holding a certificate of title whose
25 interest in the vehicle has been extinguished or transferred
26 other than by voluntary transfer shall mail or deliver the
27 certificate, within 20 days upon request of the Secretary of
28 State. The delivery of the certificate pursuant to the
29 request of the Secretary of State does not affect the rights
30 of the person surrendering the certificate, and the action of
31 the Secretary of State in issuing a new certificate of title
32 as provided herein is not conclusive upon the rights of an
33 owner or lienholder named in the old certificate.
34 (h) The Secretary of State may decline to process any
HB1233 Enrolled -9- LRB9001185NTsbA
1 application for a transfer of an interest in a vehicle
2 hereunder if any fees or taxes due under this Act from the
3 transferor or the transferee have not been paid upon
4 reasonable notice and demand.
5 (i) The Secretary of State shall not be held civilly or
6 criminally liable to any person because any purported
7 transferor may not have had the power or authority to make a
8 transfer of any interest in any vehicle or because a
9 certificate of title issued in error is subsequently used to
10 commit a fraudulent act.
11 (Source: P.A. 87-1225.)
12 (625 ILCS 5/3-116) (from Ch. 95 1/2, par. 3-116)
13 Sec. 3-116. When Secretary of State to issue a
14 certificate of title. (a) The Secretary of State, upon
15 receipt of a properly assigned certificate of title, with an
16 application for a certificate of title, the required fee and
17 any other documents required by law, shall issue a new
18 certificate of title in the name of the transferee as owner
19 and mail it to the first lienholder named in it or, if none,
20 to the owner or owner's designee.
21 (b) The Secretary of State, upon receipt of an
22 application for a new certificate of title by a transferee
23 other than by voluntary transfer, with proof of the transfer,
24 the required fee and any other documents required by law,
25 shall issue a new certificate of title in the name of the
26 transferee as owner.
27 (c) Any person, firm or corporation, who shall knowingly
28 possess, buy, sell, exchange or give away, or offer to buy,
29 sell, exchange or give away the certificate of title to any
30 motor vehicle which is a junk or salvage, or who shall fail
31 to surrender the certificate of title to the Secretary of
32 State as required under the provisions of this Section and
33 Section 3-117.2, shall be guilty of Class 3 felony.
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1 (d) The Secretary of State shall file and retain for
2 four (4) years a record of every surrendered certificate of
3 title or proof of ownership accepted by the Secretary of
4 State, the file to be maintained so as to permit the tracing
5 of title of the vehicle designated therein.
6 (e) The Secretary of State, upon receipt of an
7 application for corrected certificate of title, with the
8 original title, the required fee and any other required
9 documents, shall issue a corrected certificate of title in
10 the name of the owner and mail it to the first lienholder
11 named in it or, if none, to the owner or owner's designee.
12 (f) The Secretary of State, upon receipt of a certified
13 copy of a court order awarding ownership to an applicant
14 along with an application for a certificate of title and the
15 required fee, shall issue a certificate of title to the
16 applicant.
17 (Source: P.A. 86-820.)