Public Act 0891 103RD GENERAL ASSEMBLY

 


 
Public Act 103-0891
 
SB0898 EnrolledLRB103 03370 HEP 48376 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by
changing Sections 3-101, 3-111, and 3-111.1 as follows:
 
    (625 ILCS 5/3-101)  (from Ch. 95 1/2, par. 3-101)
    Sec. 3-101. Certificate of title required.
    (a) Except as provided in Section 3-102, every owner of a
vehicle which is in this State and for which no Illinois
certificate of title has been issued by the Secretary of State
shall make application to the Secretary of State for an
Illinois a certificate of title of the vehicle. Except as
provided in Section 3-102, every owner of a vehicle, excluding
vehicles acquired by insurance companies through a settlement
of an insurance claim or by lienholders taking title through
repossession, that is in this State for which no Illinois
certificate of title has been issued by the Secretary of State
and every owner of a vehicle that is in the State applying for
a duplicate certificate of title or a corrected certificate of
title, including a dealer lien release certificate of title,
must make application to the Secretary of State for an
Illinois duplicate certificate of title or corrected
certificate of title. A certificate of title issued to any
owner of a vehicle, excluding vehicles acquired by insurance
companies through a settlement of an insurance claim or by
lienholders taking title through repossession, in this State
showing an Illinois address for the owner that has been issued
by an entity other than the Secretary of State must be
converted to an Illinois title before the owner can transfer
ownership of the vehicle.
    Under no circumstances shall a dealer required to obtain
an Illinois certificate of title pursuant to this Code be
allowed to obtain an out-of-state certificate of title for
purposes of a vehicle held for sale in this State by the
dealer. Under no circumstances shall a dealer be allowed to
obtain an out-of-state certificate of title in lieu of an
Illinois-issued dealer lien release certificate of title when
a dealer may have need of such title issuance. Nothing in this
Section shall be construed so as to allow a dealer to acquire
an out-of-state certificate of title in lieu of acquiring an
Illinois certificate of title for purposes of a vehicle held
for sale in this State by the dealer.
    (b) Every owner of a motorcycle or motor driven cycle
purchased new on and after January 1, 1980 shall make
application to the Secretary of State for a certificate of
title. However, if such cycle is not properly manufactured or
equipped for general highway use pursuant to the provisions of
this Act, it shall not be eligible for license registration,
but shall be issued a distinctive certificate of title except
as provided in Sections 3-102 and 3-110 of this Act.
    (c) The Secretary of State shall not register or renew the
registration of a vehicle unless a certificate of title has
been issued by the Secretary of State to the owner or an
application therefor has been delivered by the owner to the
Secretary of State.
    (d) Every owner of an all-terrain vehicle or off-highway
motorcycle purchased on or after January 1, 1998 shall make
application to the Secretary of State for a certificate of
title.
    (e) Every owner of a low-speed vehicle manufactured after
January 1, 2010 shall make application to the Secretary of
State for a certificate of title.
(Source: P.A. 96-653, eff. 1-1-10; 97-983, eff. 8-17-12.)
 
    (625 ILCS 5/3-111)  (from Ch. 95 1/2, par. 3-111)
    Sec. 3-111. Lost, stolen or mutilated certificates. (a) If
a certificate of title is lost, stolen, mutilated or destroyed
or becomes illegible, the first lienholder or, if none, the
owner or legal representative of the owner named in the
certificate, as shown by the records of the Secretary of
State, shall promptly make application to the Secretary of
State for and may obtain a duplicate upon furnishing
information satisfactory to the Secretary of State. The
duplicate certificate of title shall contain the legend "This
is a duplicate certificate and may be subject to the rights of
a person under the original certificate." It shall be mailed
to the first lienholder named in it or, if none, to the owner
or the owner's designee. A certificate of title or a duplicate
certificate of title issued by another State showing an
Illinois address for the owner cannot be used to transfer
ownership of a vehicle, except if the transfer is to or from an
insurance company or a lienholder of the vehicle through
repossession.
    (b) The Secretary of State shall not issue a duplicate
certificate of title to any person within 15 days after the
issuance of an original certificate of title to such person.
    (c) A person recovering an original certificate of title
for which a duplicate has been issued shall promptly surrender
the original certificate to the Secretary of State.
    (d) An application for a duplicate certificate of title
must state the current vehicle odometer reading at the time of
application and that the stated odometer reading is one of the
following: actual mileage, not the actual mileage or mileage
is in excess of its mechanical limits.
    (e) If a Display certificate of title is lost, stolen,
mutilated or destroyed or becomes illegible, the owner or
legal representative of the owner named in the original
Display certificate of title and in the certificate of title,
as shown by the records of the Secretary of State, shall
promptly make application for and may obtain a duplicate upon
furnishing information satisfactory to the Secretary of State.
The duplicate Display certificate of title shall contain the
legend "Duplicate Display Certificate of Title." It shall be
mailed to the owner or legal representative of the owner named
in the original Display certificate of title and in the
certificate of title. Such duplicate Display certificate of
title shall be attached and displayed in the same manner and in
the same place as the original Display certificate of title
would have been attached and displayed had it not been lost,
stolen, mutilated or destroyed or had it not become illegible.
(Source: P.A. 86-444.)
 
    (625 ILCS 5/3-111.1)  (from Ch. 95 1/2, par. 3-111.1)
    Sec. 3-111.1. Corrected certificates. An application for a
corrected certificate of title must state the current vehicle
odometer reading at the time of application and that the
stated odometer reading is one of the following: actual
mileage, not the actual mileage or mileage is in excess of its
mechanical limits. The corrected certificate issued under this
Section shall contain the notation "corrected". A certificate
of title or a corrected certificate of title issued by another
State showing an Illinois address for the owner cannot be used
to transfer ownership of a vehicle, except if the transfer is
to or from an insurance company or a lienholder of the vehicle
through repossession. The owner of a vehicle with a
certificate of title or duplicate certificate of title issued
by another state showing an Illinois address cannot transfer
ownership of the vehicle without first converting the
certificate of title to an Illinois certificate of title,
except if the transfer is to or from an insurance company or a
lienholder of the vehicle through repossession.
(Source: P.A. 90-212, eff. 1-1-98.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.