Public Act 90-0212 of the 90th General Assembly
Public Act 90-0212
HB1233 Enrolled LRB9001185NTsbA
AN ACT to amend the Illinois Vehicle Code by changing
Sections 3-104, 3-111.1, 3-112, 3-114, and 3-116.
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, 3-111.1, 3-112, 3-114, and 3-116 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.
(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 furnished
by the Secretary of State along with the documents described
in the affidavit and the required fee.
(Source: P.A. 87-206; 88-45.)
(625 ILCS 5/3-111.1) (from Ch. 95 1/2, par. 3-111.1)
Sec. 3-111.1. Corrected certificates. An application
for a corrected certificate of title must state the current
vehicle odometer reading at the time of application 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. The corrected certificate issued under
this Section shall contain the notation "corrected".
(Source: P.A. 86-444.)
(625 ILCS 5/3-112) (from Ch. 95 1/2, par. 3-112)
Sec. 3-112. Transfer. (a) If an owner transfers his
interest in a vehicle, other than by the creation of a
security interest, at the time of the delivery of the vehicle
he shall execute to the transferee an assignment and warranty
of title in the space provided on the certificate of title,
or as the Secretary of State prescribes, and cause the
certificate and assignment to be mailed or delivered to the
transferee or to the Secretary of State.
If the vehicle is subject to a tax under the Mobile Home
Local Services Tax Act in a county with a population of less
than 3,000,000, the owner shall also provide to the
transferee a certification by the treasurer of the county in
which the vehicle is situated that all taxes owed by the
owner for the vehicle have been paid. If the owner is a
licensed dealer who has purchased the vehicle and is holding
it for resale, in lieu of acquiring a certification from the
county treasurer he shall forward the certification received
from the previous owner to the next buyer of the vehicle.
The owner shall cause the certification to be mailed or
delivered to the Secretary of State with the certificate of
title and assignment.
(b) Except as provided in Section 3-113, the transferee
shall, promptly and within 20 5 business days after delivery
to him of the vehicle and the assigned title, execute the
application for a new certificate of title in the space
provided therefor on the certificate or as the Secretary of
State prescribes, and cause the certificate and application
to be mailed or delivered to the Secretary of State.
(c) Upon request of the owner or transferee, a
lienholder in possession of the certificate of title shall,
unless the transfer was a breach of his security agreement,
either deliver the certificate to the transferee for delivery
to the Secretary of State or, upon receipt from the
transferee of the owner's assignment, the transferee's
application for a new certificate and the required fee, mail
or deliver them to the Secretary of State. The delivery of
the certificate does not affect the rights of the lienholder
under his security agreement.
(d) If a security interest is reserved or created at the
time of the transfer, the certificate of title shall be
retained by or delivered to the person who becomes the
lienholder, and the parties shall comply with the provisions
of Section 3-203.
(e) Except as provided in Section 3-113 and as between
the parties, a transfer by an owner is not effective until
the provisions of this Section and Section 3-115 have been
complied with; however, an owner who has delivered possession
of the vehicle to the transferee and has complied with the
provisions of this Section and Section 3-115 requiring action
by him as not liable as owner for any damages thereafter
resulting from operation of the vehicle.
(f) The Secretary of State shall not process any
application for a transfer of an interest in a vehicle if any
fees or taxes due under this Act from the transferor or the
transferee have not been paid upon reasonable notice and
demand.
(g) If the Secretary of State receives an application
for transfer of a vehicle subject to a tax under the Mobil
Home Local Services Tax Act in a county with a population of
less than 3,000,000, such application must be accompanied by
the required certification by the county treasurer or tax
assessor authorizing the issuance of the title.
(Source: P.A. 86-226; 86-460; 86-1028.)
(625 ILCS 5/3-114) (from Ch. 95 1/2, par. 3-114)
Sec. 3-114. Transfer by operation of law.
(a) If the interest of an owner in a vehicle passes to
another other than by voluntary transfer, the transferee
shall, except as provided in paragraph (b), promptly mail or
deliver within 20 days to the Secretary of State the last
certificate of title, if available, proof of the transfer,
and his application for a new certificate in the form the
Secretary of State prescribes. It shall be unlawful for any
person having possession of a certificate of title for a
motor vehicle, semi-trailer, or house car by reason of his
having a lien or encumbrance on such vehicle, to fail or
refuse to deliver such certificate to the owner, upon the
satisfaction or discharge of the lien or encumbrance,
indicated upon such certificate of title.
(b) If the interest of an owner in a vehicle passes to
another under the provisions of the Small Estates provisions
of the Probate Act of 1975 the transferee shall promptly mail
or deliver to the Secretary of State, within 120 days, the
last certificate of title, if available, the documentation
required under the provisions of the Probate Act of 1975, and
an application for certificate of title. The Small Estate
Affidavit form shall be furnished by the Secretary of State.
The transfer may be to the transferee or to the nominee of
the transferee.
(c) If the interest of an owner in a vehicle passes to
another under other provisions of the Probate Act of 1975, as
amended, and the transfer is made by a representative or
guardian, such transferee shall promptly mail or deliver to
the Secretary of State, the last certificate of title, if
available, and a certified copy of the letters of office or
guardianship, and an application for certificate of title.
Such application shall be made before the estate is closed.
The transfer may be to the transferee or to the nominee of
the transferee.
(d) If the interest of an owner in joint tenancy passes
to the other joint tenant with survivorship rights as
provided by law, the transferee shall promptly mail or
deliver to the Secretary of State, the last certificate of
title, if available, proof of death of the one joint tenant
and survivorship of the surviving joint tenant, and an
application for certificate of title. Such application shall
be made within 120 days after the death of the joint tenant.
The transfer may be to the transferee or to the nominee of
the transferee.
(e) The Secretary of State shall transfer a decedent's
vehicle title to any legatee, representative or heir of the
decedent who submits to the Secretary a death certificate and
an affidavit by an attorney at law on the letterhead
stationery of the attorney at law stating the facts of the
transfer.
(f) In all cases wherein a lienholder has repossessed a
vehicle, after the original 21 day notice to the debtor has
been fulfilled, the lienholder shall within 20 15 days make
an application to the Secretary of State for a certificate of
title, a salvage certificate or a junking certificate, as set
forth in this Code. In all cases, however, the Secretary of
State shall not issue a certificate of title, a salvage
certificate or a junking certificate to such lienholder
unless the person from whom such vehicle has been repossessed
is shown to be the last registered owner of such motor
vehicle and such lienholder establishes to the satisfaction
of the Secretary of State that he is entitled to such
certificate of title, salvage certificate or junking
certificate. The Secretary of State shall provide by rule for
the standards to be followed by a lienholder in order to
obtain a certificate of title for a repossessed vehicle.
(g) A person holding a certificate of title whose
interest in the vehicle has been extinguished or transferred
other than by voluntary transfer shall mail or deliver the
certificate, within 20 days upon request of the Secretary of
State. The delivery of the certificate pursuant to the
request of the Secretary of State does not affect the rights
of the person surrendering the certificate, and the action of
the Secretary of State in issuing a new certificate of title
as provided herein is not conclusive upon the rights of an
owner or lienholder named in the old certificate.
(h) The Secretary of State may decline to process any
application for a transfer of an interest in a vehicle
hereunder if any fees or taxes due under this Act from the
transferor or the transferee have not been paid upon
reasonable notice and demand.
(i) The Secretary of State shall not be held civilly or
criminally liable to any person because any purported
transferor may not have had the power or authority to make a
transfer of any interest in any vehicle or because a
certificate of title issued in error is subsequently used to
commit a fraudulent act.
(Source: P.A. 87-1225.)
(625 ILCS 5/3-116) (from Ch. 95 1/2, par. 3-116)
Sec. 3-116. When Secretary of State to issue a
certificate of title. (a) The Secretary of State, upon
receipt of a properly assigned certificate of title, with an
application for a certificate of title, the required fee and
any other documents required by law, shall issue a new
certificate of title in the name of the transferee as owner
and mail it to the first lienholder named in it or, if none,
to the owner or owner's designee.
(b) The Secretary of State, upon receipt of an
application for a new certificate of title by a transferee
other than by voluntary transfer, with proof of the transfer,
the required fee and any other documents required by law,
shall issue a new certificate of title in the name of the
transferee as owner.
(c) Any person, firm or corporation, who shall knowingly
possess, buy, sell, exchange or give away, or offer to buy,
sell, exchange or give away the certificate of title to any
motor vehicle which is a junk or salvage, or who shall fail
to surrender the certificate of title to the Secretary of
State as required under the provisions of this Section and
Section 3-117.2, shall be guilty of Class 3 felony.
(d) The Secretary of State shall file and retain for
four (4) years a record of every surrendered certificate of
title or proof of ownership accepted by the Secretary of
State, the file to be maintained so as to permit the tracing
of title of the vehicle designated therein.
(e) The Secretary of State, upon receipt of an
application for corrected certificate of title, with the
original title, the required fee and any other required
documents, shall issue a corrected certificate of title in
the name of the owner and mail it to the first lienholder
named in it or, if none, to the owner or owner's designee.
(f) The Secretary of State, upon receipt of a certified
copy of a court order awarding ownership to an applicant
along with an application for a certificate of title and the
required fee, shall issue a certificate of title to the
applicant.
(Source: P.A. 86-820.)