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Public Act 095-0784
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| HB1915 Enrolled |
LRB095 09914 DRH 30125 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Sections 3-104 and 3-107 as follows:
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(625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
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Sec. 3-104. Application for certificate of title.
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(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:
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1. The name, Illinois residence and mail address of the |
owner;
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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
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second division, whether for-hire, not-for-hire, or both |
for-hire and
not-for-hire;
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3. The date of purchase by applicant and, if |
applicable, the name and
address of the person from whom |
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the vehicle was acquired and the names and
addresses of any |
lienholders in the order of their priority and signatures |
of
owners;
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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
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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.
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(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.
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(c) If the application refers to a vehicle last previously
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registered in another State or country, the application must |
contain or
be accompanied by:
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1. Any certified document of ownership so recognized |
and issued by
the other State or country and acceptable to |
the Secretary of State, and
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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.
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(d) If the application refers to a new vehicle it must be
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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.
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(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.
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(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 |
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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.
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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.
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(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.
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(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.
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(i) If the application refers to a vehicle for which a |
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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.
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(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.
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(Source: P.A. 90-212, eff. 1-1-98; 90-422, eff. 8-15-97; |
90-655, eff.
7-30-98.)
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(625 ILCS 5/3-107) (from Ch. 95 1/2, par. 3-107)
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Sec. 3-107. Contents and effect.
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(a) Each certificate of title issued by the Secretary of |
State shall
contain:
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1. the date issued;
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2. the name and address of the owner;
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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;
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4. the title number assigned to the vehicle;
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5. a description of the vehicle including, so far as |
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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
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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;
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6. an odometer certification as provided for in
this |
Code; and
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7. any other data the Secretary of State prescribes.
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(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
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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.
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(c) A certificate of title issued by the Secretary of State |
is prima
facie evidence of the facts appearing on it.
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(d) A certificate of title for a vehicle is not subject to
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garnishment, attachment, execution or other judicial process, |
but this
subsection does not prevent a lawful levy upon the |
vehicle.
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