Illinois General Assembly - Full Text of HB1151
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Full Text of HB1151  97th General Assembly

HB1151sam001 97TH GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 5/15/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1151

2    AMENDMENT NO. ______. Amend House Bill 1151 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 3-104, 3-609 and 11-1301.1 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 of the
12    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,

 

 

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1    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
4    second division, whether for-hire, not-for-hire, or both
5    for-hire and not-for-hire;
6        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;
11        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
15        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
21prescribed application form a space where the owner of a
22vehicle may designate a beneficiary, to whom ownership of the
23vehicle shall pass in the event of the owner's death.
24    (b) If the application refers to a vehicle purchased from a
25dealer, it must also be signed by the dealer as well as the
26owner, and the dealer must promptly mail or deliver the

 

 

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1application and required documents to the Secretary of State.
2    (c) If the application refers to a vehicle last previously
3registered in another State or country, the application must
4contain or be accompanied by:
5        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
8        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.
12    (d) If the application refers to a new vehicle it must be
13accompanied by the Manufacturer's Statement of Origin, or other
14documents as required and acceptable by the Secretary of State,
15with such assignments as may be necessary to show title in the
16applicant.
17    (e) If an application refers to a vehicle rebuilt from a
18vehicle previously salvaged, that application shall comply
19with the provisions set forth in Sections 3-302 through 3-304
20of this Code.
21    (f) An application for a certificate of title for any
22vehicle, whether purchased in Illinois or outside Illinois, and
23even if previously registered in another State, must be
24accompanied by either an exemption determination from the
25Department of Revenue showing that no tax imposed pursuant to
26the Use Tax Act or the vehicle use tax imposed by Section

 

 

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13-1001 of the Illinois Vehicle Code is owed by anyone with
2respect to that vehicle, or a receipt from the Department of
3Revenue showing that any tax so imposed has been paid. An
4application for a certificate of title for any vehicle
5purchased outside Illinois, even if previously registered in
6another state, must be accompanied by either an exemption
7determination from the Department of Revenue showing that no
8tax imposed pursuant to the Municipal Use Tax Act or the County
9Use Tax Act is owed by anyone with respect to that vehicle, or
10a receipt from the Department of Revenue showing that any tax
11so imposed has been paid. In the absence of such a receipt for
12payment or determination of exemption from the Department, no
13certificate of title shall be issued to the applicant.
14    If the proof of payment of the tax or of nonliability
15therefor is, after the issuance of the certificate of title and
16display certificate of title, found to be invalid, the
17Secretary of State shall revoke the certificate and require
18that the certificate of title and, when applicable, the display
19certificate of title be returned to him.
20    (g) If the application refers to a vehicle not manufactured
21in accordance with federal safety and emission standards, the
22application must be accompanied by all documents required by
23federal governmental agencies to meet their standards before a
24vehicle is allowed to be issued title and registration.
25    (h) If the application refers to a vehicle sold at public
26sale by a sheriff, it must be accompanied by the required fee

 

 

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1and a bill of sale issued and signed by a sheriff. The bill of
2sale must identify the new owner's name and address, the year
3model, make and vehicle identification number of the vehicle,
4court order document number authorizing such sale, if
5applicable, and the name and address of any lienholders in
6order of priority, if applicable.
7    (i) If the application refers to a vehicle for which a
8court of law determined the ownership, it must be accompanied
9with a certified copy of such court order and the required fee.
10The court order must indicate the new owner's name and address,
11the complete description of the vehicle, if known, the name and
12address of the lienholder, if any, and must be signed and dated
13by the judge issuing such order.
14    (j) If the application refers to a vehicle sold at public
15auction pursuant to the Labor and Storage Lien (Small Amount)
16Act, it must be accompanied by an affidavit or affirmation
17furnished by the Secretary of State along with the documents
18described in the affidavit or affirmation and the required fee.
19    (k) The Secretary may provide an expedited process for the
20issuance of vehicle titles. Expedited title applications must
21be delivered to the Secretary of State's Vehicle Services
22Department in Springfield by express mail service or hand
23delivery. Applications must be complete, including necessary
24forms, fees, and taxes. Applications received before noon on a
25business day will be processed and shipped that same day.
26Applications received after noon on a business day will be

 

 

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1processed and shipped the next business day. The Secretary
2shall charge an additional fee of $30 for this service, and
3that fee shall cover the cost of return shipping via an express
4mail service. All fees collected by the Secretary of State for
5expedited services shall be deposited into the Motor Vehicle
6License Plate Fund. In the event the Vehicle Services
7Department determines that the volume of expedited title
8requests received on a given day exceeds the ability of the
9Vehicle Services Department to process those requests in an
10expedited manner, the Vehicle Services Department may decline
11to provide expedited services, and the additional fee for the
12expedited service shall be refunded to the applicant.
13    (l) If the application refers to a homemade trailer, (i) it
14must be accompanied by the appropriate documentation regarding
15the source of materials used in the construction of the
16trailer, as required by the Secretary of State, (ii) the
17trailer must be inspected by a Secretary of State employee
18investigator, as described in Section 2-115 of this Code, prior
19to the issuance of the title, and (iii) upon approval of the
20Secretary of State, the trailer must have a vehicle
21identification number, as provided by the Secretary of State,
22stamped or riveted to the frame.
23(Source: P.A. 95-784, eff. 1-1-09; 96-519, eff. 1-1-10; 96-554,
24eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
25    (625 ILCS 5/3-609)  (from Ch. 95 1/2, par. 3-609)

 

 

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1    Sec. 3-609. Disabled Veterans' Plates.
2    (a) Any veteran who holds proof of a service-connected
3disability from the United States Department of Veterans
4Affairs, and who has obtained certification from a licensed
5physician, physician assistant, or advanced practice nurse
6that the service-connected disability qualifies the veteran
7for issuance of registration plates or decals to a person with
8disabilities in accordance with Section 3-616, may, without the
9payment of any registration fee, make application to the
10Secretary of State for disabled veterans license plates
11displaying the international symbol of access, for the
12registration of one motor vehicle of the first division or one
13motor vehicle of the second division weighing not more than
148,000 pounds.
15    (b) Any veteran who holds proof of a service-connected
16disability from the United States Department of Veterans
17Affairs, and whose degree of disability has been declared to be
1850% or more, but whose disability does not qualify the veteran
19for a plate or decal for persons with disabilities under
20Section 3-616, may, without the payment of any registration
21fee, make application to the Secretary for a special
22registration plate without the international symbol of access
23for the registration of one motor vehicle of the first division
24or one motor vehicle of the second division weighing not more
25than 8,000 pounds. Any veteran may make application for the
26registration of one motor vehicle of the first division or one

 

 

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1motor vehicle of the second division weighing not more than
28,000 pounds to the Secretary of State without the payment of
3any registration fee if (i) the veteran holds proof of a
4service-connected disability from the United States Department
5of Veterans Affairs and (ii) a licensed physician, physician
6assistant, or advanced practice nurse has certified in
7accordance with Section 3-616 that because of the
8service-connected disability the veteran qualifies for
9issuance of registration plates or decals to a person with
10disabilities. The Secretary may, in his or her discretion,
11allow the plates to be issued as vanity or personalized plates
12in accordance with Section 3-405.1 of this Code. Registration
13shall be for a multi-year period and may be issued staggered
14registration.
15    (c) Renewal of such registration must be accompanied with
16documentation for eligibility of registration without fee
17unless the applicant has a permanent qualifying disability, and
18such registration plates may not be issued to any person not
19eligible therefor. The Illinois Department of Veterans'
20Affairs may assist in providing the documentation of
21disability.
22    (d) The design and color of the plates shall be within the
23discretion of the Secretary, except that the plates issued
24under subsection (b) of this Section shall not contain the
25international symbol of access. The Secretary may, in his or
26her discretion, allow the plates to be issued as vanity or

 

 

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1personalized plates in accordance with Section 3-405.1 of this
2Code. Registration shall be for a multi-year period and may be
3issued staggered registration.
4    (e) Any Commencing with the 2009 registration year, any
5person eligible to receive license plates under this Section
6who has been approved for benefits under the Senior Citizens
7and Disabled Persons Property Tax Relief and Pharmaceutical
8Assistance Act, or who has claimed and received a grant under
9that Act, shall pay a fee of $24 instead of the fee otherwise
10provided in this Code for passenger cars displaying standard
11multi-year registration plates issued under Section 3-414.1,
12for motor vehicles registered at 8,000 pounds or less under
13Section 3-815(a), or for recreational vehicles registered at
148,000 pounds or less under Section 3-815(b), for a second set
15of plates under this Section.
16(Source: P.A. 95-157, eff. 1-1-08; 95-167, eff. 1-1-08; 95-353,
17eff. 1-1-08; 95-876, eff. 8-21-08; 96-79, eff. 1-1-10.)
 
18    (625 ILCS 5/11-1301.1)  (from Ch. 95 1/2, par. 11-1301.1)
19    Sec. 11-1301.1. Persons with disabilities - Parking
20privileges - Exemptions.
21    (a) A motor vehicle bearing registration plates issued to a
22person with disabilities, as defined by Section 1-159.1,
23pursuant to Section 3-616 or to a disabled veteran pursuant to
24subsection (a) of Section 3-609 or a special decal or device
25issued pursuant to Section 3-616 or pursuant to Section

 

 

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111-1301.2 of this Code or a motor vehicle registered in another
2jurisdiction, state, district, territory or foreign country
3upon which is displayed a registration plate, special decal or
4device issued by the other jurisdiction designating the vehicle
5is operated by or for a person with disabilities shall be
6exempt from the payment of parking meter fees and exempt from
7any statute or ordinance imposing time limitations on parking,
8except limitations of one-half hour or less, on any street or
9highway zone, or any parking lot or parking place which are
10owned, leased or owned and leased by a municipality or a
11municipal parking utility; and shall be recognized by state and
12local authorities as a valid license plate or parking device
13and shall receive the same parking privileges as residents of
14this State; but, such vehicle shall be subject to the laws
15which prohibit parking in "no stopping" and "no standing" zones
16in front of or near fire hydrants, driveways, public building
17entrances and exits, bus stops and loading areas, and is
18prohibited from parking where the motor vehicle constitutes a
19traffic hazard, whereby such motor vehicle shall be moved at
20the instruction and request of a law enforcement officer to a
21location designated by the officer.
22    (b) Any motor vehicle bearing registration plates or a
23special decal or device specified in this Section or in Section
243-616 of this Code or such parking device as specifically
25authorized in Section 11-1301.2 as evidence that the vehicle is
26operated by or for a person with disabilities or bearing

 

 

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1registration plates issued to a disabled veteran under
2subsection (a) of Section 3-609 may park, in addition to any
3other lawful place, in any parking place specifically reserved
4for such vehicles by the posting of an official sign as
5provided under Section 11-301. Parking privileges granted by
6this Section are strictly limited to the person to whom the
7special registration plates, special decal or device were
8issued and to qualified operators acting under his or her
9express direction while the person with disabilities is
10present. A person to whom privileges were granted shall, at the
11request of a police officer or any other person invested by law
12with authority to direct, control, or regulate traffic, present
13an identification card with a picture as verification that the
14person is the person to whom the special registration plates,
15special decal or device was issued.
16    (c) Such parking privileges granted by this Section are
17also extended to motor vehicles of not-for-profit
18organizations used for the transportation of persons with
19disabilities when such motor vehicles display the decal or
20device issued pursuant to Section 11-1301.2 of this Code.
21    (d) No person shall use any area for the parking of any
22motor vehicle pursuant to Section 11-1303 of this Code or where
23an official sign controlling such area expressly prohibits
24parking at any time or during certain hours.
25(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
 

 

 

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1    Section 99. Effective date. This Act takes effect January
21, 2013.".