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| [ Conference Committee Report 001 ] |
90_SB0955ham001
LRB9001186NTsbam
1 AMENDMENT TO SENATE BILL 955
2 AMENDMENT NO. . Amend Senate Bill 955 as follows:
3 on page 1, line 2, by replacing "Section" with "Sections
4 3-104 and"; and
5 on page 1, line 6, by replacing "Section" with "Sections
6 3-104 and"; and
7 on page 1, below line 6, by inserting the following:
8 "(625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
9 Sec. 3-104. Application for certificate of title.
10 (a) The application for a certificate of title for a
11 vehicle in this State must be made by the owner to the
12 Secretary of State on the form prescribed and must contain:
13 1. The name, residence and mail address of the
14 owner;
15 2. A description of the vehicle including, so far
16 as the following data exists: Its make, year-model,
17 identifying number, type of body, whether new or used, as
18 to house trailers as defined in Section 1-128 of this
19 Code, the square footage of the house trailer based upon
20 the outside dimensions of the house trailer excluding the
21 length of the tongue and hitch, and, as to vehicles of
22 the second division, whether for-hire, not-for-hire, or
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1 both for-hire and not-for-hire;
2 3. The date of purchase by applicant and, if
3 applicable, the name and address of the person from whom
4 the vehicle was acquired and the names and addresses of
5 any lienholders in the order of their priority and
6 signatures of owners;
7 4. The current odometer reading at the time of
8 transfer and that the stated odometer reading is one of
9 the following: actual mileage, not the actual mileage or
10 mileage is in excess of its mechanical limits; and
11 5. Any further information the Secretary of State
12 reasonably requires to identify the vehicle and to enable
13 him to determine whether the owner is entitled to a
14 certificate of title and the existence or nonexistence of
15 security interests in the vehicle.
16 (b) If the application refers to a vehicle purchased
17 from a dealer, it must also be signed by the dealer as well
18 as the owner, and the dealer must promptly mail or deliver
19 the application and required documents to the Secretary of
20 State.
21 (c) If the application refers to a vehicle last
22 previously registered in another State or country, the
23 application must contain or be accompanied by:
24 1. Any certified document of ownership so
25 recognized and issued by the other State or country and
26 acceptable to the Secretary of State, and
27 2. Any other information and documents the
28 Secretary of State reasonably requires to establish the
29 ownership of the vehicle and the existence or
30 nonexistence of security interests in it.
31 (d) If the application refers to a new vehicle it must
32 be accompanied by the Manufacturer's Statement of Origin, or
33 other documents as required and acceptable by the Secretary
34 of State, with such assignments as may be necessary to show
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1 title in the applicant.
2 (e) If an application refers to a vehicle rebuilt from a
3 vehicle previously salvaged, that application shall comply
4 with the provisions set forth in Sections 3-302 through 3-304
5 of this Code.
6 (f) An application for a certificate of title for any
7 vehicle, whether purchased in Illinois or outside Illinois,
8 and even if previously registered in another State, must be
9 accompanied by either an exemption determination from the
10 Department of Revenue showing that no tax imposed pursuant to
11 the Use Tax Act or the vehicle use tax imposed by Section
12 3-1001 of the Illinois Vehicle Code is owed by anyone with
13 respect to that vehicle, or a receipt from the Department of
14 Revenue showing that any tax so imposed has been paid. An
15 application for a certificate of title for any vehicle
16 purchased outside Illinois, even if previously registered in
17 another state, must be accompanied by either an exemption
18 determination from the Department of Revenue showing that no
19 tax imposed pursuant to the Municipal Use Tax Act or the
20 County Use Tax Act is owed by anyone with respect to that
21 vehicle, or a receipt from the Department of Revenue showing
22 that any tax so imposed has been paid. In the absence of
23 such a receipt for payment or determination of exemption from
24 the Department, no certificate of title shall be issued to
25 the applicant.
26 If the proof of payment of the tax or of nonliability
27 therefor is, after the issuance of the certificate of title
28 and display certificate of title, found to be invalid, the
29 Secretary of State shall revoke the certificate and require
30 that the certificate of title and, when applicable, the
31 display certificate of title be returned to him.
32 (g) If the application refers to a vehicle not
33 manufactured in accordance with federal safety and emission
34 standards, the application must be accompanied by all
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1 documents required by federal governmental agencies to meet
2 their standards before a vehicle is allowed to be issued
3 title and registration.
4 (h) If the application refers to a vehicle sold at
5 public sale by a sheriff, it must be accompanied by the
6 required fee and a bill of sale issued and signed by a
7 sheriff. The bill of sale must identify the new owner's name
8 and address, the year model, make and vehicle identification
9 number of the vehicle, court order document number
10 authorizing such sale, if applicable, and the name and
11 address of any lienholders in order of priority, if
12 applicable.
13 (i) If the application refers to a vehicle for which a
14 court of law determined the ownership, it must be accompanied
15 with a certified copy of such court order and the required
16 fee. The court order must indicate the new owner's name and
17 address, the complete description of the vehicle, if known,
18 the name and address of the lienholder, if any, and must be
19 signed and dated by the judge issuing such order.
20 (j) If the application refers to a vehicle sold at
21 public auction pursuant to the Labor and Storage Lien (Small
22 Amount) Act, it must be accompanied by an affidavit or
23 affirmation furnished by the Secretary of State along with
24 the documents described in the affidavit or affirmation and
25 the required fee.
26 (Source: P.A. 87-206; 88-45.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.".