State of Illinois
92nd General Assembly
Legislation

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92_HB0503

 
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 1        AN ACT in regard 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 Sections 3-104 and 3-302 and adding Section  3-114.1
 6    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
13        the owner;
14             2.  A  description  of the vehicle including, so far
15        as the  following  data  exists:  Its  make,  year-model,
16        identifying number, type of body, whether new or used, as
17        to  house  trailers  as  defined in Section 1-128 of this
18        Code, the square footage of the house trailer based  upon
19        the outside dimensions of the house trailer excluding the
20        length  of  the  tongue and hitch, and, as to vehicles of
21        the second division, whether for-hire,  not-for-hire,  or
22        both for-hire and 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; and
 6             6.  The  names and mail addresses of any transfer on
 7        death  (TOD)  beneficiaries  to  whom  ownership  of  the
 8        vehicle would pass in the event of the owner's death.
 9        (b)  If the application refers  to  a  vehicle  purchased
10    from  a  dealer, it must also be signed by the dealer as well
11    as the owner, and the dealer must promptly  mail  or  deliver
12    the  application  and  required documents to the Secretary of
13    State.
14        (c)  If  the  application  refers  to  a   vehicle   last
15    previously  registered  in  another  State  or  country,  the
16    application must contain or be accompanied by:
17             1.  Any   certified   document   of   ownership   so
18        recognized  and  issued by the other State or country and
19        acceptable to the Secretary of State, and
20             2.  Any  other   information   and   documents   the
21        Secretary  of  State reasonably requires to establish the
22        ownership  of  the   vehicle   and   the   existence   or
23        nonexistence of security interests in it.
24        (d)  If  the  application refers to a new vehicle it must
25    be accompanied by the Manufacturer's Statement of Origin,  or
26    other  documents  as required and acceptable by the Secretary
27    of State, with such assignments as may be necessary  to  show
28    title in the applicant.
29        (e)  If an application refers to a vehicle rebuilt from a
30    vehicle  previously  salvaged,  that application shall comply
31    with the provisions set forth in Sections 3-302 through 3-304
32    of this Code.
33        (f)  An application for a certificate of  title  for  any
34    vehicle,  whether  purchased in Illinois or outside Illinois,
 
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 1    and even if previously registered in another State,  must  be
 2    accompanied  by  either  an  exemption determination from the
 3    Department of Revenue showing that no tax imposed pursuant to
 4    the Use Tax Act or the vehicle use  tax  imposed  by  Section
 5    3-1001  of  the  Illinois Vehicle Code is owed by anyone with
 6    respect to that vehicle, or a receipt from the Department  of
 7    Revenue  showing  that  any tax so imposed has been paid.  An
 8    application for  a  certificate  of  title  for  any  vehicle
 9    purchased  outside Illinois, even if previously registered in
10    another state, must be accompanied  by  either  an  exemption
11    determination  from the Department of Revenue showing that no
12    tax imposed pursuant to the Municipal  Use  Tax  Act  or  the
13    County  Use  Tax  Act  is owed by anyone with respect to that
14    vehicle, or a receipt from the Department of Revenue  showing
15    that  any  tax  so  imposed has been paid.  In the absence of
16    such a receipt for payment or determination of exemption from
17    the Department, no certificate of title shall  be  issued  to
18    the applicant.
19        If  the  proof  of  payment of the tax or of nonliability
20    therefor is, after the issuance of the certificate  of  title
21    and  display  certificate  of title, found to be invalid, the
22    Secretary of State shall revoke the certificate  and  require
23    that  the  certificate  of  title  and,  when applicable, the
24    display certificate of title be returned to him.
25        (g)  If  the  application  refers  to   a   vehicle   not
26    manufactured  in  accordance with federal safety and emission
27    standards,  the  application  must  be  accompanied  by   all
28    documents  required  by federal governmental agencies to meet
29    their standards before a vehicle  is  allowed  to  be  issued
30    title and registration.
31        (h)  If  the  application  refers  to  a  vehicle sold at
32    public sale by a sheriff,  it  must  be  accompanied  by  the
33    required  fee  and  a  bill  of  sale  issued and signed by a
34    sheriff.  The bill of sale must identify the new owner's name
 
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 1    and address, the year model, make and vehicle  identification
 2    number   of   the   vehicle,   court  order  document  number
 3    authorizing such  sale,  if  applicable,  and  the  name  and
 4    address   of   any  lienholders  in  order  of  priority,  if
 5    applicable.
 6        (i)  If the application refers to a vehicle for  which  a
 7    court of law determined the ownership, it must be accompanied
 8    with  a  certified  copy of such court order and the required
 9    fee.  The court order must indicate the new owner's name  and
10    address,  the  complete description of the vehicle, if known,
11    the name and address of the lienholder, if any, and  must  be
12    signed and dated by the judge issuing such order.
13        (j)  If  the  application  refers  to  a  vehicle sold at
14    public auction pursuant to the Labor and Storage Lien  (Small
15    Amount)  Act,  it  must  be  accompanied  by  an affidavit or
16    affirmation furnished by the Secretary of  State  along  with
17    the  documents  described in the affidavit or affirmation and
18    the required fee.
19    (Source: P.A. 90-212,  eff.  1-1-98;  90-422,  eff.  8-15-97;
20    90-655, eff. 7-30-98.)

21        (625 ILCS 5/3-114.1 new)
22        Sec.  3-114.1.  Certificate of title in transfer on death
23    (TOD) beneficiary form.
24        (a)  A sole owner of a vehicle, and multiple owners of  a
25    vehicle  that hold their interest as joint tenants with right
26    of survivorship or as tenants by the entirety, on application
27    and payment of the fee required for an  original  certificate
28    of  title,  may  request  the  Secretary  of State to issue a
29    certificate of title for the vehicle  in  transfer  on  death
30    (TOD)  beneficiary  form,  which  includes a directive to the
31    Secretary  to transfer the certificate of  title on death  of
32    the  sole  owner  or  on  death of all multiple owners to one
33    beneficiary or to 2 or more beneficiaries  as  joint  tenants
 
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 1    with  right  of  survivorship  or  as tenants by the entirety
 2    named on the face of the certificate.
 3        (b)  A certificate of title in TOD beneficiary  form  may
 4    not be issued to persons who hold their interest in a vehicle
 5    as tenants in common.
 6        (c)  A certificate of ownership issued in TOD beneficiary
 7    form  must  include after the name of the owner, or after the
 8    names of multiple owners, the words "transfer on death to" or
 9    the  abbreviation  "TOD"  followed  by  the   name   of   the
10    beneficiary or beneficiaries.
11        (d)  During  the  lifetime of a sole owner and during the
12    lifetime of all multiple owners, the signature or consent  of
13    the  TOD beneficiary or beneficiaries is not required for any
14    transaction relating to the vehicle  for which a  certificate
15    of title in TOD beneficiary form has been issued.
16        (e)  A  certificate  of title in TOD beneficiary form may
17    be revoked or the TOD beneficiary or beneficiaries changed at
18    any time before the  death  of  a  sole  owner  or  surviving
19    multiple owner only by one of the following methods:
20             (1)  The  sale of the vehicle with proper assignment
21        and delivery of  the  certificate  of  title  to  another
22        person.
23             (2)  The  filing  of  an  application to reissue the
24        certificate  of  title  with  no  designation  of  a  TOD
25        beneficiary or with the designation of  a  different  TOD
26        beneficiary  or beneficiaries with the Secretary of State
27        in proper form and accompanied by the payment of the  fee
28        for an original certificate of title.
29        (f)  The  TOD beneficiary's or beneficiaries' interest in
30    the vehicle at the death of the owner or surviving  owner  is
31    subject  to any contract of sale, assignment of ownership, or
32    security interest to which the owner or owners of the vehicle
33    were subject during their lifetimes.
34        (g)  The designation of a beneficiary or beneficiaries in
 
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 1    a certificate of title issued in TOD beneficiary form may not
 2    be changed or revoked by a will, any other instrument,  or  a
 3    change  in  circumstances or otherwise be changed or revoked,
 4    except as provided by subsection (e) of this Section.
 5        (h)  On proof of the death of one of the owners of  2  or
 6    more  multiple  owners  or of  a sole owner, surrender of the
 7    outstanding certificate of title, and application and payment
 8    of  the  fee  for  an  original  certificate  of  title,  the
 9    Secretary shall issue a new  certificate  of  title  for  the
10    vehicle  to the surviving owner or owners or, if none, to the
11    surviving TOD beneficiary or beneficiaries,  subject  to  any
12    outstanding   security   interest,   and  the  current  valid
13    certificate  of  number  also  shall  be   transferred.   The
14    Secretary may rely on a death certificate or record or report
15    as proof of death.
16        (i)  The  transfer  of  a  vehicle  at  death  under this
17    Section is not to be considered  as  testamentary  or  to  be
18    subject  to the requirements of Article IV of the Probate Act
19    of 1975.

20        (625 ILCS 5/3-302) (from Ch. 95 1/2, par. 3-302)
21        Sec. 3-302.   Application  for  title;  contents.   Every
22    application  for a certificate of title for a rebuilt vehicle
23    shall be made upon a form  prescribed  by  the  Secretary  of
24    State, and shall include the following:
25        1.  The name, residence and mailing address of the owner;
26        2.  A description of the vehicle including, so far as the
27    following  data  exists:   its  make, year-model, identifying
28    number, type of body, whether new or used, and as to vehicles
29    of the second division, whether  for-hire,  not-for-hire,  or
30    both for-hire and not-for-hire;
31        3.  The  date  of  purchase  by  applicant,  the name and
32    address of the person from whom the vehicle was acquired  and
33    the  names  and  addresses of any lienholders in the order of
 
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 1    their priority; and
 2        4.  The current odometer reading at the time of  transfer
 3    and that the stated odometer reading is one of the following:
 4    actual  mileage,  not  the  actual  mileage  or mileage is in
 5    excess of its mechanical limits;
 6        5.  Any  further  information  the  Secretary  of   State
 7    reasonably requires to identify the vehicle and to enable him
 8    to  determine  whether the owner is entitled to a certificate
 9    of title  and  the  existence  or  nonexistence  of  security
10    interests in the vehicle; and
11        6.  The names and mail addresses of any transfer on death
12    (TOD)  beneficiaries  to  whom ownership of the vehicle would
13    pass in the event of the owner's death.
14    (Source: P.A. 86-444; 87-206.)

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