HB3045enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 3-104, 3-405, and 7-604 as follows:
 
6    (625 ILCS 5/3-104)  (from Ch. 95 1/2, par. 3-104)
7    Sec. 3-104. Application for certificate of title.
8    (a) The application for a certificate of title for a
9vehicle in this State must be made by the owner to the
10Secretary of State on the form prescribed and must contain:
11        1. The name, Illinois residence, and mail address, and,
12    if available, email address of the owner;
13        2. A description of the vehicle including, so far as
14    the following data exists: Its make, year-model,
15    identifying number, type of body, whether new or used, as
16    to house trailers as defined in Section 1-128 of this Code,
17    and as to manufactured homes as defined in Section 1-144.03
18    of this Code, the square footage based upon the outside
19    dimensions excluding the length of the tongue and hitch,
20    and, as to vehicles of the second division, whether
21    for-hire, not-for-hire, or both for-hire and not-for-hire;
22        3. The date of purchase by applicant and, if
23    applicable, the name and address of the person from whom

 

 

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1    the vehicle was acquired and the names and addresses of any
2    lienholders in the order of their priority and signatures
3    of owners;
4        4. The current odometer reading at the time of transfer
5    and that the stated odometer reading is one of the
6    following: actual mileage, not the actual mileage or
7    mileage is in excess of its mechanical limits; and
8        5. Any further information the Secretary of State
9    reasonably requires to identify the vehicle and to enable
10    him to determine whether the owner is entitled to a
11    certificate of title and the existence or nonexistence of
12    security interests in the vehicle.
13    (a-5) The Secretary of State shall designate on the
14prescribed application form a space where the owner of a
15vehicle may designate a beneficiary, to whom ownership of the
16vehicle shall pass in the event of the owner's death.
17    (b) If the application refers to a vehicle purchased from a
18dealer, it must also be signed by the dealer as well as the
19owner, and the dealer must promptly mail or deliver the
20application and required documents to the Secretary of State.
21    (c) If the application refers to a vehicle last previously
22registered in another State or country, the application must
23contain or be accompanied by:
24        1. Any certified document of ownership so recognized
25    and issued by the other State or country and acceptable to
26    the Secretary of State, and

 

 

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1        2. Any other information and documents the Secretary of
2    State reasonably requires to establish the ownership of the
3    vehicle and the existence or nonexistence of security
4    interests in it.
5    (d) If the application refers to a new vehicle it must be
6accompanied by the Manufacturer's Statement of Origin, or other
7documents as required and acceptable by the Secretary of State,
8with such assignments as may be necessary to show title in the
9applicant.
10    (e) If an application refers to a vehicle rebuilt from a
11vehicle previously salvaged, that application shall comply
12with the provisions set forth in Sections 3-302 through 3-304
13of this Code.
14    (f) An application for a certificate of title for any
15vehicle, whether purchased in Illinois or outside Illinois, and
16even if previously registered in another State, must be
17accompanied by either an exemption determination from the
18Department of Revenue showing that no tax imposed pursuant to
19the Use Tax Act or the vehicle use tax imposed by Section
203-1001 of the Illinois Vehicle Code is owed by anyone with
21respect to that vehicle, or a receipt from the Department of
22Revenue showing that any tax so imposed has been paid. An
23application for a certificate of title for any vehicle
24purchased outside Illinois, even if previously registered in
25another state, must be accompanied by either an exemption
26determination from the Department of Revenue showing that no

 

 

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1tax imposed pursuant to the Municipal Use Tax Act or the County
2Use Tax Act is owed by anyone with respect to that vehicle, or
3a receipt from the Department of Revenue showing that any tax
4so imposed has been paid. In the absence of such a receipt for
5payment or determination of exemption from the Department, no
6certificate of title shall be issued to the applicant.
7    If the proof of payment of the tax or of nonliability
8therefor is, after the issuance of the certificate of title and
9display certificate of title, found to be invalid, the
10Secretary of State shall revoke the certificate and require
11that the certificate of title and, when applicable, the display
12certificate of title be returned to him.
13    (g) If the application refers to a vehicle not manufactured
14in accordance with federal safety and emission standards, the
15application must be accompanied by all documents required by
16federal governmental agencies to meet their standards before a
17vehicle is allowed to be issued title and registration.
18    (h) If the application refers to a vehicle sold at public
19sale by a sheriff, it must be accompanied by the required fee
20and a bill of sale issued and signed by a sheriff. The bill of
21sale must identify the new owner's name and address, the year
22model, make and vehicle identification number of the vehicle,
23court order document number authorizing such sale, if
24applicable, and the name and address of any lienholders in
25order of priority, if applicable.
26    (i) If the application refers to a vehicle for which a

 

 

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1court of law determined the ownership, it must be accompanied
2with a certified copy of such court order and the required fee.
3The court order must indicate the new owner's name and address,
4the complete description of the vehicle, if known, the name and
5address of the lienholder, if any, and must be signed and dated
6by the judge issuing such order.
7    (j) If the application refers to a vehicle sold at public
8auction pursuant to the Labor and Storage Lien (Small Amount)
9Act, it must be accompanied by an affidavit or affirmation
10furnished by the Secretary of State along with the documents
11described in the affidavit or affirmation and the required fee.
12    (k) The Secretary may provide an expedited process for the
13issuance of vehicle titles. Expedited title applications must
14be delivered to the Secretary of State's Vehicle Services
15Department in Springfield by express mail service or hand
16delivery. Applications must be complete, including necessary
17forms, fees, and taxes. Applications received before noon on a
18business day will be processed and shipped that same day.
19Applications received after noon on a business day will be
20processed and shipped the next business day. The Secretary
21shall charge an additional fee of $30 for this service, and
22that fee shall cover the cost of return shipping via an express
23mail service. All fees collected by the Secretary of State for
24expedited services shall be deposited into the Motor Vehicle
25License Plate Fund. In the event the Vehicle Services
26Department determines that the volume of expedited title

 

 

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1requests received on a given day exceeds the ability of the
2Vehicle Services Department to process those requests in an
3expedited manner, the Vehicle Services Department may decline
4to provide expedited services, and the additional fee for the
5expedited service shall be refunded to the applicant.
6    (l) If the application refers to a homemade trailer, (i) it
7must be accompanied by the appropriate documentation regarding
8the source of materials used in the construction of the
9trailer, as required by the Secretary of State, (ii) the
10trailer must be inspected by a Secretary of State employee
11prior to the issuance of the title, and (iii) upon approval of
12the Secretary of State, the trailer must have a vehicle
13identification number, as provided by the Secretary of State,
14stamped or riveted to the frame.
15    (m) The holder of a Manufacturer's Statement of Origin to a
16manufactured home may deliver it to any person to facilitate
17conveying or encumbering the manufactured home. Any person
18receiving any such Manufacturer's Statement of Origin so
19delivered holds it in trust for the person delivering it.
20    (n) Within 45 days after the completion of the first retail
21sale of a manufactured home, the Manufacturer's Statement of
22Origin to that manufactured home must be surrendered to the
23Secretary of State either in conjunction with an application
24for a certificate of title for that manufactured home or in
25accordance with Section 3-116.1.
26    (o) Each application for certificate of title for a motor

 

 

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1vehicle shall be verified by the National Motor Vehicle Title
2Information System (NMVTIS) for a vehicle history report prior
3to the Secretary issuing a certificate of title.
4(Source: P.A. 98-749, eff. 7-16-14; 99-414, eff. 8-20-15.)
 
5    (625 ILCS 5/3-405)  (from Ch. 95 1/2, par. 3-405)
6    Sec. 3-405. Application for registration.
7    (a) Every owner of a vehicle subject to registration under
8this Code shall make application to the Secretary of State for
9the registration of such vehicle upon the appropriate form or
10forms furnished by the Secretary. Every such application shall
11bear the signature of the owner written with pen and ink and
12contain:
13        1. The name, domicile address, as defined in Section
14    1-115.5 of this Code, (except as otherwise provided in this
15    paragraph 1), and mail address of the owner or business
16    address of the owner if a firm, association, or
17    corporation, and, if available, email address of the owner.
18    If the mailing address is a post office box number, the
19    address listed on the driver license record may be used to
20    verify residence. A police officer, a deputy sheriff, an
21    elected sheriff, a law enforcement officer for the
22    Department of State Police, a fire investigator, a state's
23    attorney, an assistant state's attorney, a state's
24    attorney special investigator, or a judicial officer may
25    elect to furnish the address of the headquarters of the

 

 

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1    governmental entity, police district, or business address
2    where he or she works instead of his or her domicile
3    address, in which case that address shall be deemed to be
4    his or her domicile address for all purposes under this
5    Chapter 3. The spouse and children of a person who may
6    elect under this paragraph 1 to furnish the address of the
7    headquarters of the government entity, police district, or
8    business address where the person works instead of the
9    person's domicile address may, if they reside with that
10    person, also elect to furnish the address of the
11    headquarters of the government entity, police district, or
12    business address where the person works as their domicile
13    address, in which case that address shall be deemed to be
14    their domicile address for all purposes under this Chapter
15    3. In this paragraph 1: (A) "police officer" has the
16    meaning ascribed to "policeman" in Section 10-3-1 of the
17    Illinois Municipal Code; (B) "deputy sheriff" means a
18    deputy sheriff appointed under Section 3-6008 of the
19    Counties Code; (C) "elected sheriff" means a sheriff
20    commissioned pursuant to Section 3-6001 of the Counties
21    Code; (D) "fire investigator" means a person classified as
22    a peace officer under the Peace Officer Fire Investigation
23    Act; (E) "state's attorney", "assistant state's attorney",
24    and "state's attorney special investigator" mean a state's
25    attorney, assistant state's attorney, and state's attorney
26    special investigator commissioned or appointed under

 

 

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1    Division 3-9 of the Counties Code; and (F) "judicial
2    officer" has the meaning ascribed to it in Section 1-10 of
3    the Judicial Privacy Act.
4        2. A description of the vehicle, including such
5    information as is required in an application for a
6    certificate of title, determined under such standard
7    rating as may be prescribed by the Secretary.
8        3. (Blank).
9        4. Such further information as may reasonably be
10    required by the Secretary to enable him to determine
11    whether the vehicle is lawfully entitled to registration
12    and the owner entitled to a certificate of title.
13        5. An affirmation by the applicant that all information
14    set forth is true and correct. If the application is for
15    the registration of a motor vehicle, the applicant also
16    shall affirm that the motor vehicle is insured as required
17    by this Code, that such insurance will be maintained
18    throughout the period for which the motor vehicle shall be
19    registered, and that neither the owner, nor any person
20    operating the motor vehicle with the owner's permission,
21    shall operate the motor vehicle unless the required
22    insurance is in effect. If the person signing the
23    affirmation is not the sole owner of the vehicle, such
24    person shall be deemed to have affirmed on behalf of all
25    the owners of the vehicle. If the person signing the
26    affirmation is not an owner of the vehicle, such person

 

 

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1    shall be deemed to have affirmed on behalf of the owner or
2    owners of the vehicle. The lack of signature on the
3    application shall not in any manner exempt the owner or
4    owners from any provisions, requirements or penalties of
5    this Code.
6    (b) When such application refers to a new vehicle purchased
7from a dealer the application shall be accompanied by a
8Manufacturer's Statement of Origin from the dealer, and a
9statement showing any lien retained by the dealer.
10(Source: P.A. 97-847, eff. 1-1-13; 98-539, eff. 1-1-14; 98-787,
11eff. 7-25-14.)
 
12    (625 ILCS 5/7-604)  (from Ch. 95 1/2, par. 7-604)
13    Sec. 7-604. Verification of liability insurance policy.
14    (a) The Secretary of State may select random samples of
15registrations of motor vehicles subject to Section 7-601 of
16this Code, or owners thereof, for the purpose of verifying
17whether or not the motor vehicles are insured.
18    In addition to such general random samples of motor vehicle
19registrations, the Secretary may select for verification other
20random samples, including, but not limited to registrations of
21motor vehicles owned by persons:
22        (1) whose motor vehicle registrations during the
23    preceding 4 years have been suspended pursuant to Section
24    7-606 or 7-607 of this Code;
25        (2) who during the preceding 4 years have been

 

 

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1    convicted of violating Section 3-707, 3-708 or 3-710 of
2    this Code while operating vehicles owned by other persons;
3        (3) whose driving privileges have been suspended
4    during the preceding 4 years;
5        (4) who during the preceding 4 years acquired ownership
6    of motor vehicles while the registrations of such vehicles
7    under the previous owners were suspended pursuant to
8    Section 7-606 or 7-607 of this Code; or
9        (5) who during the preceding 4 years have received a
10    disposition of supervision under subsection (c) of Section
11    5-6-1 of the Unified Code of Corrections for a violation of
12    Section 3-707, 3-708, or 3-710 of this Code.
13    (b) Upon receiving certification from the Department of
14Transportation under Section 7-201.2 of this Code of the name
15of an owner or operator of any motor vehicle involved in an
16accident, the Secretary may verify whether or not at the time
17of the accident such motor vehicle was covered by a liability
18insurance policy in accordance with Section 7-601 of this Code.
19    (c) In preparation for selection of random samples and
20their verification, the Secretary may send to owners of
21randomly selected motor vehicles, or to randomly selected motor
22vehicle owners, requests for information about their motor
23vehicles and liability insurance coverage electronically or,
24if electronic means are unavailable, via U.S. mail. The request
25shall require the owner to state whether or not the motor
26vehicle was insured on the verification date stated in the

 

 

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1Secretary's request and the request may require, but is not
2limited to, a statement by the owner of the names and addresses
3of insurers, policy numbers, and expiration dates of insurance
4coverage.
5    (d) Within 30 days after the Secretary sends mails a
6request under subsection (c) of this Section, the owner to whom
7it is sent shall furnish the requested information to the
8Secretary above the owner's signed affirmation that such
9information is true and correct. Proof of insurance in effect
10on the verification date, as prescribed by the Secretary, may
11be considered by the Secretary to be a satisfactory response to
12the request for information.
13    Any owner whose response indicates that his or her vehicle
14was not covered by a liability insurance policy in accordance
15with Section 7-601 of this Code shall be deemed to have
16registered or maintained registration of a motor vehicle in
17violation of that Section. Any owner who fails to respond to
18such a request shall be deemed to have registered or maintained
19registration of a motor vehicle in violation of Section 7-601
20of this Code.
21    (e) If the owner responds to the request for information by
22asserting that his or her vehicle was covered by a liability
23insurance policy on the verification date stated in the
24Secretary's request, the Secretary may conduct a verification
25of the response by furnishing necessary information to the
26insurer named in the response. The insurer shall within 45 days

 

 

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1inform the Secretary whether or not on the verification date
2stated the motor vehicle was insured by the insurer in
3accordance with Section 7-601 of this Code. The Secretary may
4by rule and regulation prescribe the procedures for
5verification.
6    (f) No random sample selected under this Section shall be
7categorized on the basis of race, color, religion, sex,
8national origin, ancestry, age, marital status, physical or
9mental disability, economic status or geography.
10    (g) (Blank).
11(Source: P.A. 98-787, eff. 7-25-14; 99-333, eff. 12-30-15 (see
12Section 15 of P.A. 99-483 for the effective date of changes
13made by P.A. 99-333); 99-737, eff. 8-5-16.)
 
14    Section 95. No acceleration or delay. Where this Act makes
15changes in a statute that is represented in this Act by text
16that is not yet or no longer in effect (for example, a Section
17represented by multiple versions), the use of that text does
18not accelerate or delay the taking effect of (i) the changes
19made by this Act or (ii) provisions derived from any other
20Public Act.