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| Public Act 096-0519 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 3-104 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 | ||||
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 | ||
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 | ||
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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(k) If the application refers to a homemade trailer, (i) it | ||
must be accompanied by the appropriate documentation regarding | ||
the source of materials used in the construction of the | ||
trailer, as required by the Secretary of State, (ii) the | ||
trailer must be inspected by a Secretary of State investigator, | ||
as described in Section 2-115 of this Code, prior to the | ||
issuance of the title, and (iii) upon approval of the Secretary | ||
of State, the trailer must have a vehicle identification | ||
number, as provided by the Secretary of State, stamped or | ||
riveted to the frame. | ||
(Source: P.A. 95-784, eff. 1-1-09.)
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