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92_HB0503 LRB9204101DHmb 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-2- LRB9204101DHmb 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, -3- LRB9204101DHmb 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 -4- LRB9204101DHmb 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 -5- LRB9204101DHmb 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 -6- LRB9204101DHmb 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 -7- LRB9204101DHmb 1 their priority;and2 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.)