Public Act 095-0784
 		





HB1915 Enrolled
LRB095 09914 DRH 30125 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 3-104 and 3-107 as follows:
 



    (625 ILCS 5/3-104)  (from Ch. 95 1/2, par. 3-104)



    Sec. 3-104. Application for certificate of title. 

    (a) The application for a certificate of title for a 
vehicle in this
State must be made by the owner to the 
Secretary of State on the form
prescribed and must contain:


        1. The name, Illinois residence and mail address of the 
    owner;


        2. A description of the vehicle including, so far as 
    the following
data exists: Its make, year-model, 
    identifying number, type of body,
whether new or used, as 
    to house trailers as
defined in Section 1-128 of this Code, 
    the square footage of the house
trailer based upon the 
    outside dimensions of the house trailer excluding
the 
    length of the tongue and hitch, and, as to vehicles of the

    second division, whether for-hire, not-for-hire, or both 
    for-hire and
not-for-hire;


        3. The date of purchase by applicant and, if 
    applicable, the name and
address of the person from whom 
    the vehicle was acquired and the names and
addresses of any 
    lienholders in the order of their priority and signatures 
    of
owners;


        4. The current odometer reading at the time of transfer 
    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; and


        5. Any further information the Secretary of State 
    reasonably
requires to identify the vehicle and to enable 
    him to determine whether
the owner is entitled to a 
    certificate of title and the existence or
nonexistence of 
    security interests in the vehicle.
    (a-5) The Secretary of State shall designate on the 
prescribed application form a space where the owner of a 
vehicle may designate a beneficiary, to whom ownership of the 
vehicle shall pass in the event of the owner's death.


    (b) If the application refers to a vehicle purchased from a 
dealer,
it must also be signed by the dealer as well as the 
owner, and the dealer must
promptly mail or deliver the 
application and required documents to the
Secretary of State.

    (c) If the application refers to a vehicle last previously

registered in another State or country, the application must 
contain or
be accompanied by:


        1. Any certified document of ownership so recognized 
    and issued by
the other State or country and acceptable to 
    the Secretary of State, and


        2. Any other information and documents the Secretary of 
    State
reasonably requires to establish the ownership of the 
    vehicle and the
existence or nonexistence of security 
    interests in it.

    (d) If the application refers to a new vehicle it must be

accompanied by the Manufacturer's Statement of Origin, or other 
documents
as required and acceptable by the Secretary of State, 
with such
assignments as may be necessary to show title in the 
applicant.

    (e) If an application refers to a vehicle rebuilt from a 
vehicle
previously salvaged, that application shall comply 
with the provisions
set forth in Sections 3-302 through 3-304 
of this Code.

    (f) An application for a certificate of title for any 
vehicle,
whether purchased in Illinois or outside Illinois, and 
even if
previously registered in another State, must be 
accompanied by either an
exemption determination from the 
Department of Revenue showing that no
tax imposed pursuant to 
the Use Tax Act or the vehicle use tax imposed by
Section 
3-1001 of the Illinois Vehicle Code is owed by anyone with 
respect to
that vehicle, or a receipt from the Department of 
Revenue showing that any tax
so imposed has been paid.  An 
application for a certificate of title for any
vehicle 
purchased outside Illinois, even if previously registered in 
another
state, must be accompanied by either an exemption 
determination from the
Department of Revenue showing that no 
tax imposed pursuant to the Municipal Use
Tax Act or the County 
Use Tax Act is owed by anyone with respect to that
vehicle, or 
a receipt from the Department of Revenue showing that any tax 
so
imposed has been paid.  In the absence of such a receipt for 
payment or
determination of exemption from the Department, no 
certificate of title shall
be issued to the applicant.

    If the proof of payment of the tax or of nonliability 
therefor is,
after the issuance of the certificate of title and 
display certificate
of title, found to be invalid, the 
Secretary of State shall revoke the
certificate and require 
that the certificate of title and, when
applicable, the display 
certificate of title be returned to him.

    (g) If the application refers to a vehicle not manufactured 
in
accordance with federal safety and emission standards, the 
application must
be accompanied by all documents required by 
federal governmental
agencies to meet their standards before a 
vehicle is allowed to be issued
title and registration.

    (h) If the application refers to a vehicle sold at public 
sale by a
sheriff, it must be accompanied by the required fee 
and a bill of sale
issued and signed by a sheriff.  The bill of 
sale must identify the new
owner's name and address, the year 
model, make and vehicle identification
number of the vehicle, 
court order document number authorizing such sale,
if 
applicable, and the name and address of any lienholders in 
order of
priority, if applicable.

    (i) If the application refers to a vehicle for which a 
court of law
determined the ownership, it must be accompanied 
with a certified copy of
such court order and the required fee.  
The court order must indicate the
new owner's name and address, 
the complete description of the vehicle, if
known, the name and 
address of the lienholder, if any, and must be signed
and dated 
by the judge issuing such order.

    (j) If the application refers to a vehicle sold at public 
auction pursuant
to the Labor and Storage Lien (Small Amount) 
Act, it must be
accompanied by an affidavit or affirmation 
furnished by the Secretary of
State along with the
documents 
described in the affidavit or affirmation and the required fee.

(Source: P.A. 90-212, eff. 1-1-98; 90-422, eff. 8-15-97; 
90-655, eff.
7-30-98.)

 



    (625 ILCS 5/3-107)  (from Ch. 95 1/2, par. 3-107)


    Sec. 3-107. Contents and effect. 

    (a) Each certificate of title issued by the Secretary of 
State shall
contain:


        1.  the date issued;


        2.  the name and address of the owner;


        3.  the names and addresses of any lienholders, in the 
    order of
priority as shown on the application or, if the 
    application is based on
a certificate of title, as shown on 
    the certificate;


        4.  the title number assigned to the vehicle;


        5.  a description of the vehicle including, so far as 
    the following
data exists: its make, year-model, 
    identifying number, type of body,
whether new or used, as 
    to house trailers as defined in Section 1-128 of
this Code, 
    the square footage of the vehicle based upon the outside

    dimensions of the house trailer excluding the length of the 
    tongue and
hitch, and, if a new vehicle, the date of the 
    first sale of the vehicle
for use;


        6. an odometer certification as provided for in
this 
    Code; and


        7. any other data the Secretary of State prescribes.

    (b) The certificate of title shall contain forms for 
assignment and
warranty of title by the owner, and for 
assignment and warranty of title
by a dealer, and may contain 
forms for applications for a certificate of
title by a 
transferee, the naming of a lienholder and the assignment or

release of the security interest of a lienholder.
    (b-5) The Secretary of State shall designate on a 
certificate of title a space where the owner of a vehicle may 
designate a beneficiary, to whom ownership of the vehicle shall 
pass in the event of the owner's death.


    (c) A certificate of title issued by the Secretary of State 
is prima
facie evidence of the facts appearing on it.

    (d) A certificate of title for a vehicle is not subject to

garnishment, attachment, execution or other judicial process, 
but this
subsection does not prevent a lawful levy upon the 
vehicle.

    (e) Any certificate of title issued by the Secretary of 
State is
subject to a lien in favor of the State of Illinois 
for any fees or
taxes required to be paid under this Act and as 
have not been paid, as
provided for in this Code.

(Source: P.A. 86-541; 86-1028; 87-206.)