Full Text of HB2750 96th General Assembly
HB2750ham001 96TH GENERAL ASSEMBLY
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Rep. Jim Sacia
Filed: 4/1/2009
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09600HB2750ham001 |
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LRB096 07762 AJT 24812 a |
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| AMENDMENT TO HOUSE BILL 2750
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| AMENDMENT NO. ______. Amend House Bill 2750 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by | 5 |
| changing Section 3-104 as follows:
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| (625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
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| Sec. 3-104. Application for certificate of title.
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| (a) The application for a certificate of title for a | 9 |
| vehicle in this
State must be made by the owner to the | 10 |
| Secretary of State on the form
prescribed and must contain:
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| 1. The name, Illinois residence and mail address of the | 12 |
| owner;
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| 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, |
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| the square footage of the house
trailer based upon the | 2 |
| outside dimensions of the house trailer excluding
the | 3 |
| length of the tongue and hitch, and, as to vehicles of the
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| second division, whether for-hire, not-for-hire, or both | 5 |
| for-hire and
not-for-hire;
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| 3. The date of purchase by applicant and, if | 7 |
| applicable, the name and
address of the person from whom | 8 |
| the vehicle was acquired and the names and
addresses of any | 9 |
| lienholders in the order of their priority and signatures | 10 |
| of
owners;
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| 4. The current odometer reading at the time of transfer | 12 |
| and that the
stated odometer reading is one of the | 13 |
| following: actual mileage, not
the actual mileage or | 14 |
| mileage is in excess of its mechanical limits; and
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| 5. Any further information the Secretary of State | 16 |
| reasonably
requires to identify the vehicle and to enable | 17 |
| him to determine whether
the owner is entitled to a | 18 |
| certificate of title and the existence or
nonexistence of | 19 |
| security interests in the vehicle. | 20 |
| (a-5) The Secretary of State shall designate on the | 21 |
| prescribed application form a space where the owner of a | 22 |
| vehicle may designate a beneficiary, to whom ownership of the | 23 |
| vehicle shall pass in the event of the owner's death.
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| (b) If the application refers to a vehicle purchased from a | 25 |
| dealer,
it must also be signed by the dealer as well as the | 26 |
| owner, and the dealer must
promptly mail or deliver the |
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LRB096 07762 AJT 24812 a |
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| application and required documents to the
Secretary of State.
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| (c) If the application refers to a vehicle last previously
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| registered in another State or country, the application must | 4 |
| contain or
be accompanied by:
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| 1. Any certified document of ownership so recognized | 6 |
| and issued by
the other State or country and acceptable to | 7 |
| the Secretary of State, and
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| 2. Any other information and documents the Secretary of | 9 |
| State
reasonably requires to establish the ownership of the | 10 |
| vehicle and the
existence or nonexistence of security | 11 |
| interests in it.
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| (d) If the application refers to a new vehicle it must be
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| accompanied by the Manufacturer's Statement of Origin, or other | 14 |
| documents
as required and acceptable by the Secretary of State, | 15 |
| with such
assignments as may be necessary to show title in the | 16 |
| applicant.
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| (e) If an application refers to a vehicle rebuilt from a | 18 |
| vehicle
previously salvaged, that application shall comply | 19 |
| with the provisions
set forth in Sections 3-302 through 3-304 | 20 |
| of this Code.
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| (f) An application for a certificate of title for any | 22 |
| vehicle,
whether purchased in Illinois or outside Illinois, and | 23 |
| even if
previously registered in another State, must be | 24 |
| accompanied by either an
exemption determination from the | 25 |
| Department of Revenue showing that no
tax imposed pursuant to | 26 |
| the Use Tax Act or the vehicle use tax imposed by
Section |
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| 3-1001 of the Illinois Vehicle Code is owed by anyone with | 2 |
| respect to
that vehicle, or a receipt from the Department of | 3 |
| Revenue showing that any tax
so imposed has been paid. An | 4 |
| application for a certificate of title for any
vehicle | 5 |
| purchased outside Illinois, even if previously registered in | 6 |
| another
state, must be accompanied by either an exemption | 7 |
| determination from the
Department of Revenue showing that no | 8 |
| tax imposed pursuant to the Municipal Use
Tax Act or the County | 9 |
| Use Tax Act is owed by anyone with respect to that
vehicle, or | 10 |
| a receipt from the Department of Revenue showing that any tax | 11 |
| so
imposed has been paid. In the absence of such a receipt for | 12 |
| payment or
determination of exemption from the Department, no | 13 |
| certificate of title shall
be issued to the applicant.
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| If the proof of payment of the tax or of nonliability | 15 |
| therefor is,
after the issuance of the certificate of title and | 16 |
| display certificate
of title, found to be invalid, the | 17 |
| Secretary of State shall revoke the
certificate and require | 18 |
| that the certificate of title and, when
applicable, the display | 19 |
| certificate of title be returned to him.
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| (g) If the application refers to a vehicle not manufactured | 21 |
| in
accordance with federal safety and emission standards, the | 22 |
| application must
be accompanied by all documents required by | 23 |
| federal governmental
agencies to meet their standards before a | 24 |
| vehicle is allowed to be issued
title and registration.
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| (h) If the application refers to a vehicle sold at public | 26 |
| sale by a
sheriff, it must be accompanied by the required fee |
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| and a bill of sale
issued and signed by a sheriff. The bill of | 2 |
| sale must identify the new
owner's name and address, the year | 3 |
| model, make and vehicle identification
number of the vehicle, | 4 |
| court order document number authorizing such sale,
if | 5 |
| applicable, and the name and address of any lienholders in | 6 |
| order of
priority, if applicable.
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| (i) If the application refers to a vehicle for which a | 8 |
| court of law
determined the ownership, it must be accompanied | 9 |
| with a certified copy of
such court order and the required fee. | 10 |
| The court order must indicate the
new owner's name and address, | 11 |
| the complete description of the vehicle, if
known, the name and | 12 |
| address of the lienholder, if any, and must be signed
and dated | 13 |
| by the judge issuing such order.
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| (j) If the application refers to a vehicle sold at public | 15 |
| auction pursuant
to the Labor and Storage Lien (Small Amount) | 16 |
| Act, it must be
accompanied by an affidavit or affirmation | 17 |
| furnished by the Secretary of
State along with the
documents | 18 |
| described in the affidavit or affirmation and the required fee.
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| (k) If the application refers to a homemade trailer, (i) it | 20 |
| must be accompanied by the appropriate documentation regarding | 21 |
| the source of materials used in the construction of the | 22 |
| trailer, as required by the Secretary of State, (ii) the | 23 |
| trailer must be inspected by a Secretary of State investigator, | 24 |
| as described in Section 2-115 of this Code, prior to the | 25 |
| issuance of the title, and (iii) upon approval of the Secretary | 26 |
| of State, the trailer must have a vehicle identification |
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| number, as provided by the Secretary of State, stamped or | 2 |
| riveted to the frame. | 3 |
| (Source: P.A. 95-784, eff. 1-1-09.)".
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