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Public Act 100-0145


 

Public Act 0145 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0145
 
HB3045 EnrolledLRB100 10970 AXK 21207 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, 3-405, and 7-604 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, and,
    if available, email 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,
    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;
        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
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. 98-749, eff. 7-16-14; 99-414, eff. 8-20-15.)
 
    (625 ILCS 5/3-405)  (from Ch. 95 1/2, par. 3-405)
    Sec. 3-405. Application for registration.
    (a) Every owner of a vehicle subject to registration under
this Code shall make application to the Secretary of State for
the registration of such vehicle upon the appropriate form or
forms furnished by the Secretary. Every such application shall
bear the signature of the owner written with pen and ink and
contain:
        1. The name, domicile address, as defined in Section
    1-115.5 of this Code, (except as otherwise provided in this
    paragraph 1), and mail address of the owner or business
    address of the owner if a firm, association, or
    corporation, and, if available, email address of the owner.
    If the mailing address is a post office box number, the
    address listed on the driver license record may be used to
    verify residence. A police officer, a deputy sheriff, an
    elected sheriff, a law enforcement officer for the
    Department of State Police, a fire investigator, a state's
    attorney, an assistant state's attorney, a state's
    attorney special investigator, or a judicial officer may
    elect to furnish the address of the headquarters of the
    governmental entity, police district, or business address
    where he or she works instead of his or her domicile
    address, in which case that address shall be deemed to be
    his or her domicile address for all purposes under this
    Chapter 3. The spouse and children of a person who may
    elect under this paragraph 1 to furnish the address of the
    headquarters of the government entity, police district, or
    business address where the person works instead of the
    person's domicile address may, if they reside with that
    person, also elect to furnish the address of the
    headquarters of the government entity, police district, or
    business address where the person works as their domicile
    address, in which case that address shall be deemed to be
    their domicile address for all purposes under this Chapter
    3. In this paragraph 1: (A) "police officer" has the
    meaning ascribed to "policeman" in Section 10-3-1 of the
    Illinois Municipal Code; (B) "deputy sheriff" means a
    deputy sheriff appointed under Section 3-6008 of the
    Counties Code; (C) "elected sheriff" means a sheriff
    commissioned pursuant to Section 3-6001 of the Counties
    Code; (D) "fire investigator" means a person classified as
    a peace officer under the Peace Officer Fire Investigation
    Act; (E) "state's attorney", "assistant state's attorney",
    and "state's attorney special investigator" mean a state's
    attorney, assistant state's attorney, and state's attorney
    special investigator commissioned or appointed under
    Division 3-9 of the Counties Code; and (F) "judicial
    officer" has the meaning ascribed to it in Section 1-10 of
    the Judicial Privacy Act.
        2. A description of the vehicle, including such
    information as is required in an application for a
    certificate of title, determined under such standard
    rating as may be prescribed by the Secretary.
        3. (Blank).
        4. Such further information as may reasonably be
    required by the Secretary to enable him to determine
    whether the vehicle is lawfully entitled to registration
    and the owner entitled to a certificate of title.
        5. An affirmation by the applicant that all information
    set forth is true and correct. If the application is for
    the registration of a motor vehicle, the applicant also
    shall affirm that the motor vehicle is insured as required
    by this Code, that such insurance will be maintained
    throughout the period for which the motor vehicle shall be
    registered, and that neither the owner, nor any person
    operating the motor vehicle with the owner's permission,
    shall operate the motor vehicle unless the required
    insurance is in effect. If the person signing the
    affirmation is not the sole owner of the vehicle, such
    person shall be deemed to have affirmed on behalf of all
    the owners of the vehicle. If the person signing the
    affirmation is not an owner of the vehicle, such person
    shall be deemed to have affirmed on behalf of the owner or
    owners of the vehicle. The lack of signature on the
    application shall not in any manner exempt the owner or
    owners from any provisions, requirements or penalties of
    this Code.
    (b) When such application refers to a new vehicle purchased
from a dealer the application shall be accompanied by a
Manufacturer's Statement of Origin from the dealer, and a
statement showing any lien retained by the dealer.
(Source: P.A. 97-847, eff. 1-1-13; 98-539, eff. 1-1-14; 98-787,
eff. 7-25-14.)
 
    (625 ILCS 5/7-604)  (from Ch. 95 1/2, par. 7-604)
    Sec. 7-604. Verification of liability insurance policy.
    (a) The Secretary of State may select random samples of
registrations of motor vehicles subject to Section 7-601 of
this Code, or owners thereof, for the purpose of verifying
whether or not the motor vehicles are insured.
    In addition to such general random samples of motor vehicle
registrations, the Secretary may select for verification other
random samples, including, but not limited to registrations of
motor vehicles owned by persons:
        (1) whose motor vehicle registrations during the
    preceding 4 years have been suspended pursuant to Section
    7-606 or 7-607 of this Code;
        (2) who during the preceding 4 years have been
    convicted of violating Section 3-707, 3-708 or 3-710 of
    this Code while operating vehicles owned by other persons;
        (3) whose driving privileges have been suspended
    during the preceding 4 years;
        (4) who during the preceding 4 years acquired ownership
    of motor vehicles while the registrations of such vehicles
    under the previous owners were suspended pursuant to
    Section 7-606 or 7-607 of this Code; or
        (5) who during the preceding 4 years have received a
    disposition of supervision under subsection (c) of Section
    5-6-1 of the Unified Code of Corrections for a violation of
    Section 3-707, 3-708, or 3-710 of this Code.
    (b) Upon receiving certification from the Department of
Transportation under Section 7-201.2 of this Code of the name
of an owner or operator of any motor vehicle involved in an
accident, the Secretary may verify whether or not at the time
of the accident such motor vehicle was covered by a liability
insurance policy in accordance with Section 7-601 of this Code.
    (c) In preparation for selection of random samples and
their verification, the Secretary may send to owners of
randomly selected motor vehicles, or to randomly selected motor
vehicle owners, requests for information about their motor
vehicles and liability insurance coverage electronically or,
if electronic means are unavailable, via U.S. mail. The request
shall require the owner to state whether or not the motor
vehicle was insured on the verification date stated in the
Secretary's request and the request may require, but is not
limited to, a statement by the owner of the names and addresses
of insurers, policy numbers, and expiration dates of insurance
coverage.
    (d) Within 30 days after the Secretary sends mails a
request under subsection (c) of this Section, the owner to whom
it is sent shall furnish the requested information to the
Secretary above the owner's signed affirmation that such
information is true and correct. Proof of insurance in effect
on the verification date, as prescribed by the Secretary, may
be considered by the Secretary to be a satisfactory response to
the request for information.
    Any owner whose response indicates that his or her vehicle
was not covered by a liability insurance policy in accordance
with Section 7-601 of this Code shall be deemed to have
registered or maintained registration of a motor vehicle in
violation of that Section. Any owner who fails to respond to
such a request shall be deemed to have registered or maintained
registration of a motor vehicle in violation of Section 7-601
of this Code.
    (e) If the owner responds to the request for information by
asserting that his or her vehicle was covered by a liability
insurance policy on the verification date stated in the
Secretary's request, the Secretary may conduct a verification
of the response by furnishing necessary information to the
insurer named in the response. The insurer shall within 45 days
inform the Secretary whether or not on the verification date
stated the motor vehicle was insured by the insurer in
accordance with Section 7-601 of this Code. The Secretary may
by rule and regulation prescribe the procedures for
verification.
    (f) No random sample selected under this Section shall be
categorized on the basis of race, color, religion, sex,
national origin, ancestry, age, marital status, physical or
mental disability, economic status or geography.
    (g) (Blank).
(Source: P.A. 98-787, eff. 7-25-14; 99-333, eff. 12-30-15 (see
Section 15 of P.A. 99-483 for the effective date of changes
made by P.A. 99-333); 99-737, eff. 8-5-16.)
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.

Effective Date: 1/1/2018