99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2974

 

Introduced 2/18/2016, by Sen. Bill Cunningham

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-107  from Ch. 95 1/2, par. 3-107
625 ILCS 5/3-808.1  from Ch. 95 1/2, par. 3-808.1

    Amends the Illinois Vehicle Code. Provides that certificates of title issued by the Secretary of State shall contain an expiration date of one calendar year after the end of the term of the lien and an identification number corresponding to the lienholder, to go along with the names and addresses of any lienholders. Provides that the corresponding identification number shall appear on the certificate of title in order for the Secretary to inform the lienholder that the Secretary has received a lien release for a particular motor vehicle. Provides that an expiration date of up to one calendar year after a perfected security interest in a motor vehicle expires shall be included on each certificate of title issued in which a lienholder has perfected a security interest in the motor vehicle. Provides that if the recorded lienholder has not reaffirmed the lien by applying for a corrected title with a new expiration date before the expiration date on the original certificate of title, then the owner of the motor vehicle may apply for a corrected certificate of title without the lienholder appearing on the certificate of title. Provides that beginning with the 2017 registration year, permanent vehicle registration plates shall be issued, for a one time fee of $8.00, to vehicles that do not require a school bus driver permit to operate, and are owned by a public school district from grades K-12 or a public community college. Provides that beginning with the 2017 registration year, permanent vehicle registration plates shall be issued, for a one time fee of $8.00, to vehicles of the first division or vehicles of the second division weighing not more than 8,000 pounds that are owned by a medical facility or hospital of a municipality, county, or township. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 3-107 and 3-808.1 as follows:
 
6    (625 ILCS 5/3-107)  (from Ch. 95 1/2, par. 3-107)
7    Sec. 3-107. Contents and effect.
8    (a) Each certificate of title issued by the Secretary of
9State shall contain:
10        1. the date issued;
11        2. the name and address of the owner;
12        3. the names and addresses of any lienholders, in the
13    order of priority as shown on the application or, if the
14    application is based on a certificate of title, along with
15    an expiration date of up to one calendar year after the end
16    of the term of the lien and an identification number
17    corresponding to the lienholder, as shown on the
18    certificate;
19        4. the title number assigned to the vehicle;
20        5. a description of the vehicle including, so far as
21    the following data exists: its make, year-model,
22    identifying number, type of body, whether new or used, as
23    to house trailers as defined in Section 1-128 of this Code,

 

 

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1    and as to manufactured homes as defined in Section 1-144.03
2    of this Code, the square footage of the vehicle based upon
3    the outside dimensions excluding the length of the tongue
4    and hitch, and, if a new vehicle, the date of the first
5    sale of the vehicle for use;
6        6. an odometer certification as provided for in this
7    Code; and
8        7. any other data the Secretary of State prescribes.
9    (a-5) In the event the applicant seeks to have the vehicle
10titled as a custom vehicle or street rod, that fact must be
11stated in the application. The custom vehicle or street rod
12must be inspected as required by Section 3-406 of this Code
13prior to issuance of the title. Upon successful completion of
14the inspection, the vehicle may be titled in the following
15manner. The make of the vehicle shall be listed as the make of
16the actual vehicle or the make it is designed to resemble
17(e.g., Ford or Chevrolet); the model of the vehicle shall be
18listed as custom vehicle or street rod; and the year of the
19vehicle shall be listed as the year the actual vehicle was
20manufactured or the year it is designed to resemble. A vehicle
21previously titled as other than a custom vehicle or street rod
22may be issued a corrected title reflecting the custom vehicle
23or street rod model if it otherwise meets the requirements for
24the designation.
25    (b) The certificate of title shall contain forms for
26assignment and warranty of title by the owner, and for

 

 

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1assignment and warranty of title by a dealer, and may contain
2forms for applications for a certificate of title by a
3transferee, the naming of a lienholder and the assignment or
4release of the security interest of a lienholder.
5    (b-5) The Secretary of State shall designate on a
6certificate of title a space where the owner of a vehicle may
7designate a beneficiary, to whom ownership of the vehicle shall
8pass in the event of the owner's death.
9    (c) A certificate of title issued by the Secretary of State
10is prima facie evidence of the facts appearing on it.
11    (d) A certificate of title for a vehicle is not subject to
12garnishment, attachment, execution or other judicial process,
13but this subsection does not prevent a lawful levy upon the
14vehicle.
15    (e) Any certificate of title issued by the Secretary of
16State is subject to a lien in favor of the State of Illinois
17for any fees or taxes required to be paid under this Act and as
18have not been paid, as provided for in this Code.
19    (f) Notwithstanding any other provision of law, a
20certificate of title issued by the Secretary of State to a
21manufactured home is prima facie evidence of the facts
22appearing on it, notwithstanding the fact that such
23manufactured home, at any time, shall have become affixed in
24any manner to real property.
25    (g) An expiration date of up to one calendar year after a
26perfected security interest in a motor vehicle expires shall be

 

 

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1included on each certificate of title issued in which a
2lienholder has perfected a security interest in the motor
3vehicle. If the recorded lienholder has not reaffirmed the lien
4by applying for a corrected title with a new expiration date
5before the expiration date on the original certificate of
6title, then the owner of the motor vehicle may apply for a
7corrected certificate of title without the lienholder
8appearing on the certificate of title.
9    A corresponding identification number shall appear on the
10certificate of title that links an electronic mail address to
11the lienholder in order for the Secretary to inform the
12lienholder that the Secretary has received a lien release for a
13particular motor vehicle.
14(Source: P.A. 98-749, eff. 7-16-14.)
 
15    (625 ILCS 5/3-808.1)  (from Ch. 95 1/2, par. 3-808.1)
16    Sec. 3-808.1. (a) Permanent vehicle registration plates
17shall be issued, at no charge, to the following:
18        1. Vehicles, other than medical transport vehicles,
19    owned and operated by the State of Illinois or by any State
20    agency financed by funds appropriated by the General
21    Assembly;
22        2. Special disability plates issued to vehicles owned
23    and operated by the State of Illinois or by any State
24    agency financed by funds appropriated by the General
25    Assembly.

 

 

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1    (b) Permanent vehicle registration plates shall be issued,
2for a one time fee of $8.00, to the following:
3        1. Vehicles, other than medical transport vehicles,
4    operated by or for any county, township or municipal
5    corporation.
6        2. Vehicles owned by counties, townships or municipal
7    corporations for persons with disabilities.
8        3. Beginning with the 1991 registration year,
9    county-owned vehicles operated by or for any county sheriff
10    and designated deputy sheriffs. These registration plates
11    shall contain the specific county code and unit number.
12        4. All-terrain vehicles owned by counties, townships,
13    or municipal corporations and used for law enforcement
14    purposes when the Manufacturer's Statement of Origin is
15    accompanied with a letter from the original manufacturer or
16    a manufacturer's franchised dealer stating that this
17    all-terrain vehicle has been converted to a street worthy
18    vehicle that meets the equipment requirements set forth in
19    Chapter 12 of this Code.
20        5. Beginning with the 2001 registration year,
21    municipally-owned vehicles operated by or for any police
22    department. These registration plates shall contain the
23    designation "municipal police" and shall be numbered and
24    distributed as prescribed by the Secretary of State.
25        6. Beginning with the 2014 registration year,
26    municipally owned, fire district owned, or Mutual Aid Box

 

 

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1    Alarm System (MABAS) owned vehicles operated by or for any
2    fire department, fire protection district, or MABAS. These
3    registration plates shall display the designation "Fire
4    Department" and shall display the specific fire
5    department, fire district, fire unit, or MABAS division
6    number or letter.
7        7. Beginning with the 2017 registration year, vehicles
8    that do not require a school bus driver permit under
9    Section 6-104 to operate, and are owned by a public school
10    district from grades K-12 or a public community college.
11        8. Beginning with the 2017 registration year, vehicles
12    of the first division or vehicles of the second division
13    weighing not more than 8,000 pounds that are owned by a
14    medical facility or hospital of a municipality, county, or
15    township.
16    (b-5) Beginning with the 2016 registration year, permanent
17vehicle registration plates shall be issued for a one-time fee
18of $8.00 to a county, township, or municipal corporation that
19owns or operates vehicles used for the purpose of community
20workplace commuting as defined by the Secretary of State by
21administrative rule. The design and color of the plates shall
22be wholly within the discretion of the Secretary. The Secretary
23of State may adopt rules to implement this subsection (b-5).
24    (c) Beginning with the 2012 registration year,
25county-owned vehicles operated by or for any county sheriff and
26designated deputy sheriffs that have been issued registration

 

 

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1plates under subsection (b) of this Section shall be exempt
2from any fee for the transfer of registration from one vehicle
3to another vehicle. Each county sheriff shall report to the
4Secretary of State any transfer of registration plates from one
5vehicle to another vehicle operated by or for any county
6sheriff and designated deputy sheriffs. The Secretary of State
7shall adopt rules to implement this subsection (c).
8    (c-5) Beginning with the 2014 registration year,
9municipally owned, fire district owned, or Mutual Aid Box Alarm
10System (MABAS) owned vehicles operated by or for any fire
11department, fire protection district, or MABAS that have been
12issued registration plates under subsection (b) of this Section
13shall be exempt from any fee for the transfer of registration
14from one vehicle to another vehicle. Each fire department, fire
15protection district, of MABAS shall report to the Secretary of
16State any transfer of registration plates from one vehicle to
17another vehicle operated by or for any fire department, fire
18protection district, or MABAS. The Secretary of State shall
19adopt rules to implement this subsection.
20    (d) Beginning with the 2013 registration year,
21municipally-owned vehicles operated by or for any police
22department that have been issued registration plates under
23subsection (b) of this Section shall be exempt from any fee for
24the transfer of registration from one vehicle to another
25vehicle. Each municipal police department shall report to the
26Secretary of State any transfer of registration plates from one

 

 

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1vehicle to another vehicle operated by or for any municipal
2police department. The Secretary of State shall adopt rules to
3implement this subsection (d).
4    (e) Beginning with the 2016 registration year, any vehicle
5owned or operated by a county, township, or municipal
6corporation that has been issued registration plates under this
7Section is exempt from any fee for the transfer of registration
8from one vehicle to another vehicle. Each county, township, or
9municipal corporation shall report to the Secretary of State
10any transfer of registration plates from one vehicle to another
11vehicle operated by or for any county, township, or municipal
12corporation.
13(Source: P.A. 98-436, eff. 1-1-14; 98-1074, eff. 1-1-15;
1499-166, eff. 7-28-15.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.