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| Public Act 099-0414 | ||||
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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, 3-118, and 3-824 and by adding Section 3-104.5 | ||||
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, | ||||
and as to manufactured homes as defined in Section 1-144.03 | ||||
of this Code, the square footage based upon the outside | ||||
dimensions 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;
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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) 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 | ||
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. | ||
(m) The holder of a Manufacturer's Statement of Origin to a | ||
manufactured home may deliver it to any person to facilitate | ||
conveying or encumbering the manufactured home. Any person | ||
receiving any such Manufacturer's Statement of Origin so | ||
delivered holds it in trust for the person delivering it. | ||
(n) Within 45 days after the completion of the first retail | ||
sale of a manufactured home, the Manufacturer's Statement of | ||
Origin to that manufactured home must be surrendered to the | ||
Secretary of State either in conjunction with an application | ||
for a certificate of title for that manufactured home or in | ||
accordance with Section 3-116.1. | ||
(o) Each application for certificate of title for a motor | ||
vehicle shall be verified by the National Motor Vehicle Title | ||
Information System (NMVTIS) for a vehicle history report prior | ||
to the Secretary issuing a certificate of title. | ||
(Source: P.A. 97-918, eff. 1-1-13; 98-749, eff. 7-16-14.)
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(625 ILCS 5/3-104.5 new) | ||
Sec. 3-104.5. Application NMVTIS warnings or errors. | ||
(a) Each application for a certificate of title or a | ||
salvage certificate for a motor vehicle that is verified by the | ||
National Motor Vehicle Title Information System (NMVTIS) that | ||
is returned with a warning or error shall be reviewed by the | ||
Secretary of State, or his or her designees, as to whether the | ||
warning or error warrants a change to the type of title or | ||
brand that is issued to a motor vehicle. If the Secretary needs | ||
supplemental information to verify or corroborate the | ||
information received from a NMVTIS report, then the Secretary | ||
may use any available commercial title history services or | ||
other Secretary of State resources to assist in determining the | ||
vehicle's proper designation. | ||
(b) Any motor vehicle application for a certificate of | ||
title or a salvage certificate that another state has | ||
previously issued a title or brand indicating that the status | ||
of the motor vehicle is equivalent to a junk vehicle, as | ||
defined in Section 1-134.1 of this Code, shall receive a title | ||
with a "prior out of state junk" brand if that history item was | ||
issued 120 months or more before the date of the submission of | ||
the current application for title. | ||
(c) Any motor vehicle application for a certificate of | ||
title or a salvage certificate that is returned with a NMVTIS | ||
warning or error indicating that another state has previously | ||
issued a title or brand indicating the status of the motor | ||
vehicle is equivalent to a junk vehicle, as defined in Section | ||
1-134.1 of this Code, shall be issued a junk certificate that | ||
reflects the motor vehicle's structural history, if the | ||
previously issued title or brand from another state was issued | ||
less than 120 months before the date of the submission of the | ||
current application for title. | ||
(d) Any motor vehicle application for a certificate of | ||
title or a salvage certificate that is returned with a NMVTIS | ||
warning or error indicating a brand or label from another | ||
jurisdiction, that does not have a similar or comparable brand | ||
or label in this State, shall include a notation or brand on | ||
the certificate of title stating "previously branded". | ||
(e) Any motor vehicle that is subject to the federal Truth | ||
in Mileage Act, and is returned with a NMVTIS warning or error | ||
indicating the stated mileage of the vehicle on the application | ||
for certificate of title is 1,500 or fewer miles less than a | ||
previously recorded mileage for the vehicle, shall be deemed as | ||
having an acceptable margin of error and the higher of the 2 | ||
figures shall be indicated on the new certificate of title, if | ||
the previous mileage was recorded within 90 days of the date of | ||
the current application for title and if there are no | ||
indications of fraud or malfeasance, or of altering or | ||
tampering with the odometer. | ||
(f) Any applicant for a certificate of title or a salvage | ||
certificate who receives an alternative salvage or junk | ||
certificate, or who receives a certificate of title with a | ||
brand or label indicating the vehicle was previously rebuilt | ||
prior out of state junk, previously branded, or flood, may | ||
contest the Secretary's designations by requesting an | ||
administrative hearing under Section 2-116 of this Code. | ||
(g) The Secretary may adopt any rules necessary to | ||
implement this Section.
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(625 ILCS 5/3-118) (from Ch. 95 1/2, par. 3-118)
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Sec. 3-118. Application for salvage or junking | ||
certificate; contents.
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(a) An application for a salvage certificate or junking | ||
certificate
shall be made upon the forms prescribed by the | ||
Secretary of State and contain:
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1. The name and 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;
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3. The date of purchase by applicant; and
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4. Any further information reasonably required by the | ||
Secretary of State.
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(b) The application for salvage certificate must also | ||
contain the
current odometer reading 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.
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(b-5) Each application for a salvage certificate for a | ||
motor vehicle shall be verified by the National Motor Vehicle | ||
Title Information System (NMVTIS) for a vehicle history report | ||
prior to the Secretary issuing a salvage certificate. | ||
(c) A salvage certificate may be assigned to any person | ||
licensed under
this Act as a rebuilder, automotive parts | ||
recycler, or scrap processor, or to an
out-of-state salvage | ||
vehicle buyer. A salvage certificate for a vehicle that has | ||
come from a police impoundment may be assigned to a municipal | ||
fire department. A junking certificate may be assigned
to | ||
anyone. The provisions for reassignment by dealers under | ||
paragraph (a)
of Section 3-113 shall apply to salvage | ||
certificates, except as provided
in Section 3-117.2. A salvage | ||
certificate may be reassigned to one other
person to whom a | ||
salvage certificate may be assigned pursuant to this Section.
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(Source: P.A. 95-301, eff. 1-1-08; 95-783, eff. 1-1-09.)
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(625 ILCS 5/3-824) (from Ch. 95 1/2, par. 3-824)
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Sec. 3-824. When fees returnable.
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(a) Whenever any application
to the Secretary of State is | ||
accompanied by any fee as required by
law and such application | ||
is refused or rejected, said fee shall
be returned to said | ||
applicant.
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(b) Whenever the Secretary of State collects any
fee not | ||
required to be paid under the provisions of this Act,
the same | ||
shall be refunded to the person paying the same upon
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application therefor made within 6 months after the date of
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such payment, except as follows: (1) whenever a
refund is | ||
determined to be due and
owing as a result of an audit, by this | ||
State or any other state or province,
in accordance with | ||
Section 2-124 of this Code, of a prorate or apportion
license | ||
fee payment pursuant to any reciprocal compact or agreement
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between this State and any other state or province, and the | ||
Secretary for
any reason fails to promptly make such refund, | ||
the licensee shall have one
year from the date of the | ||
notification of the audit result to file, with
the Secretary, | ||
an application for refund found to be due and owing as a
result | ||
of such audit; and (2) whenever a person eligible for a reduced
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registration fee pursuant to Section
3-806.3 of this Code has | ||
paid in excess of the reduced registration fee
owed, the refund | ||
applicant shall have 2 years from the date of overpayment
to | ||
apply with the Secretary for a refund of that part of payment | ||
made in
excess of the established reduced registration fee.
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(c) Whenever a person dies after making application for
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registration, application for a refund of the registration
fees | ||
and taxes may be made if the vehicle is then sold or
disposed | ||
of so that the registration plates, registration
sticker and | ||
card are never used. The Secretary of State shall
refund the | ||
registration fees and taxes upon receipt within 6
months after | ||
the application for registration of an application
for refund | ||
accompanied with the unused registration plates or
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registration sticker and card and proof of both the death of
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the applicant and the sale or disposition of the vehicle.
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(d) Any application for refund received after the times
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specified in this Section shall be denied and the applicant
in | ||
order to receive a refund must apply to the Court of Claims.
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(d-5) Refunds may be granted for any title-related | ||
transaction if a title application has not been processed by | ||
the Secretary of State. If any application for a certificate of | ||
title under Section 3-104 or salvage title under Section 3-118 | ||
is verified by the National Motor Vehicle Title Information | ||
System (NMVTIS), and receives a warning or error from the | ||
NMVTIS reporting that the vehicle requires either a salvage | ||
certificate or a junk certificate in lieu of the original | ||
applied certificate of title or salvage title, then the | ||
applicant shall have 6 months to apply for a refund of cost, or | ||
the difference of the certificate of title or salvage | ||
certificate. | ||
(e) The Secretary of State is authorized to maintain a two
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signature revolving checking account with a suitable | ||
commercial
bank for the purpose of depositing
and | ||
withdrawal-for-return those monies received and determined
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upon receipt to be in excess of the amount or amounts required | ||
by law.
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(f) Refunds on audits performed by Illinois or another | ||
member of the
International Registration Plan shall be made in | ||
accordance with the procedures
as set forth in the agreement.
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(Source: P.A. 92-69, eff. 7-12-01.)
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Section 10. "AN ACT concerning transportation", approved | ||
August 5, 2013, (Public Act 98-176), as amended by "AN ACT | ||
concerning transportation", approved July 16, 2014, (Public | ||
Act 98-722), is amended by changing Section 99 as follows: | ||
(P.A. 98-176, Sec. 99)
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Sec. 99. Effective date. This Act takes effect July 1, 2015 | ||
July 8, 2015.
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(Source: P.A. 98-176; 98-722) | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||