Public Act 097-0918
 
HB1151 EnrolledLRB097 05771 HEP 45837 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, 3-609 and 11-1301.1 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.

    (k) The Secretary may provide an expedited process for the 
issuance of vehicle titles.  Expedited title applications must 
be delivered to the Secretary of State's Vehicle Services 
Department in Springfield by express mail service or hand 
delivery.  Applications must be complete, including necessary 
forms, fees, and taxes.  Applications received before noon on a 
business day will be processed and shipped that same day.  
Applications received after noon on a business day will be 
processed and shipped the next business day.  The Secretary 
shall charge an additional fee of $30 for this service, and 
that fee shall cover the cost of return shipping via an express 
mail service.  All fees collected by the Secretary of State for 
expedited services shall be deposited into the Motor Vehicle 
License Plate Fund. In the event the Vehicle Services 
Department determines that the volume of expedited title 
requests received on a given day exceeds the ability of the 
Vehicle Services Department to process those requests in an 
expedited manner, the Vehicle Services Department may decline 
to provide expedited services, and the additional fee for the 
expedited service shall be refunded to the applicant. 
    (l) 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 employee 
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; 96-519, eff. 1-1-10; 96-554, 
eff. 1-1-10; 96-1000, eff. 7-2-10.)

 



    (625 ILCS 5/3-609)  (from Ch. 95 1/2, par. 3-609)


    Sec. 3-609. Disabled Veterans' Plates. 
    (a)  Any veteran who holds proof of a service-connected 
disability from the United States Department of Veterans 
Affairs, and who has obtained certification from a licensed 
physician, physician assistant, or advanced practice nurse 
that the service-connected disability qualifies the veteran 
for issuance of registration plates or decals to a person with 
disabilities in accordance with Section 3-616, may, without the 
payment of any registration fee, make application to the 
Secretary of State for disabled veterans license plates 
displaying the international symbol of access, for the 
registration of one motor vehicle of the first division or one 
motor vehicle of the second division weighing not more than 
8,000 pounds.
    (b)  Any veteran who holds proof of a service-connected 
disability from the United States Department of Veterans 
Affairs, and whose degree of disability has been declared to be 
50% or more, but whose disability does not qualify the veteran 
for a plate or decal for persons with disabilities under 
Section 3-616, may, without the payment of any registration 
fee, make application to the Secretary for a special 
registration plate without the international symbol of access 
for the registration of one motor vehicle of the first division 
or one motor vehicle of the second division weighing not more 
than 8,000 pounds. Any veteran may make application for the 
registration of one motor
vehicle of the first division or one 
motor vehicle of the second division
weighing not more than 
8,000 pounds to the Secretary of State without the payment of 
any
registration fee if (i) the veteran holds proof of a 
service-connected disability from the United States Department 
of Veterans Affairs and (ii) a licensed physician, physician 
assistant, or advanced practice nurse has certified in 
accordance with Section 3-616 that because of the 
service-connected disability the veteran qualifies for 
issuance of registration plates or decals to a person with 
disabilities.  The Secretary may, in his or her discretion, 
allow the plates to be issued as vanity or personalized plates 
in accordance with Section 3-405.1 of this Code. Registration 
shall be for a multi-year period and may be issued staggered 
registration.


    (c) Renewal of such registration must be accompanied with 
documentation
for eligibility of registration without fee 
unless the applicant has a
permanent qualifying disability, and 
such registration plates may not be
issued to any person not 
eligible therefor. The  Illinois Department of Veterans' 
Affairs may assist in providing the
documentation of 
disability.

    (d)  The design and color of the plates shall be within the 
discretion of the Secretary, except that the plates issued 
under subsection (b) of this Section shall not contain the 
international symbol of access. The Secretary may, in his or 
her discretion, allow the plates to be issued as vanity or 
personalized plates in accordance with Section 3-405.1 of this 
Code.  Registration shall be for a multi-year period and may be 
issued staggered registration. 
    (e) Any Commencing with the 2009 registration year, any 
person eligible to receive license plates under this Section 
who has been approved for benefits under the Senior Citizens 
and Disabled Persons Property Tax Relief and Pharmaceutical 
Assistance Act, or who has claimed and received a grant under 
that Act, shall pay a fee of $24 instead of the fee otherwise 
provided in this Code for passenger cars displaying standard 
multi-year registration plates issued under Section 3-414.1, 
for motor vehicles registered at 8,000 pounds or less under 
Section 3-815(a), or for recreational vehicles registered at 
8,000 pounds or less under Section 3-815(b), for a second set 
of plates under this Section.

(Source: P.A. 95-157, eff. 1-1-08; 95-167, eff. 1-1-08; 95-353, 
eff. 1-1-08; 95-876, eff. 8-21-08; 96-79, eff. 1-1-10.)

 



    (625 ILCS 5/11-1301.1)  (from Ch. 95 1/2, par. 11-1301.1)


    Sec. 11-1301.1. Persons with disabilities - Parking 
privileges - Exemptions. 
    (a) A motor vehicle bearing registration plates issued to a 
person with
disabilities, as defined by Section 1-159.1, 
pursuant to Section 3-616 or to a
disabled veteran pursuant to 
subsection (a) of Section 3-609 or a special decal or device 
issued
pursuant to Section 3-616 or pursuant to Section 
11-1301.2 of this Code or a
motor vehicle registered in another 
jurisdiction, state, district, territory or
foreign country 
upon which is displayed a registration plate, special decal or

device issued by the other jurisdiction designating the vehicle 
is operated by
or for a person with disabilities shall be 
exempt from the payment of parking
meter fees and exempt from 
any statute or ordinance imposing time limitations
on parking, 
except limitations of one-half hour or less, on any street or

highway zone, or any parking lot or parking place which
are 
owned, leased or owned and leased by a municipality or a 
municipal
parking utility; and shall be recognized by state and 
local authorities
as a valid license plate or parking device 
and shall receive the same
parking privileges as residents of 
this State; but, such vehicle shall be
subject to the laws 
which prohibit parking in "no stopping" and "no
standing" zones 
in front of or near fire hydrants, driveways, public
building 
entrances and exits, bus stops and loading areas, and is

prohibited from parking where the motor vehicle constitutes a 
traffic
hazard, whereby such motor vehicle shall be moved at 
the instruction and
request of a law enforcement officer to a 
location designated by the
officer.
    (b)  Any motor vehicle bearing registration plates or a 
special decal
or device specified in this Section or in Section 
3-616 of this Code or
such parking device as specifically 
authorized in Section 11-1301.2 as
evidence that the vehicle is 
operated by or for a person with disabilities or bearing 
registration plates issued to a
disabled veteran under 
subsection (a) of Section 3-609 may park, in addition to any

other lawful place, in any parking place specifically reserved 
for such
vehicles by the posting of an official sign as 
provided under Section 11-301.
Parking privileges granted by 
this Section are strictly limited
to the person to whom the 
special registration plates, special decal or
device were 
issued and to qualified operators acting under his or her 
express
direction while the person with disabilities is 
present.
A person to whom privileges were granted shall, at the 
request of a
police officer or any other person invested by law 
with authority to direct,
control, or regulate traffic, present 
an identification card with a picture as
verification that the

person is the person to whom the special registration plates, 
special decal or
device was issued.

    (c) Such parking privileges granted by this Section are 
also extended to
motor vehicles of not-for-profit 
organizations used for the transportation of
persons with 
disabilities when such motor vehicles display the decal or 
device
issued pursuant to Section 11-1301.2 of this Code.

    (d) No person shall use any area for the parking of any 
motor vehicle
pursuant to Section 11-1303 of this Code or where 
an official sign
controlling such area expressly prohibits 
parking at any time or during
certain hours.

(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)

 
 
    Section 99. Effective date. This Act takes effect January 
1, 2013.