Illinois General Assembly - Full Text of HB2503
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Full Text of HB2503  99th General Assembly


Rep. Rita Mayfield

Filed: 3/25/2015





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2    AMENDMENT NO. ______. Amend House Bill 2503 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 3-104, 3-118, and 3-824 and by adding Section
63-104.5 as follows:
7    (625 ILCS 5/3-104)  (from Ch. 95 1/2, par. 3-104)
8    Sec. 3-104. Application for certificate of title.
9    (a) The application for a certificate of title for a
10vehicle in this State must be made by the owner to the
11Secretary of State on the form prescribed and must contain:
12        1. The name, Illinois residence and mail address of the
13    owner;
14        2. A description of the vehicle including, so far as
15    the following data exists: Its make, year-model,
16    identifying number, type of body, whether new or used, as



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1    to house trailers as defined in Section 1-128 of this Code,
2    and as to manufactured homes as defined in Section 1-144.03
3    of this Code, the square footage based upon the outside
4    dimensions excluding the length of the tongue and hitch,
5    and, as to vehicles of the second division, whether
6    for-hire, not-for-hire, or both for-hire and not-for-hire;
7        3. The date of purchase by applicant and, if
8    applicable, the name and address of the person from whom
9    the vehicle was acquired and the names and addresses of any
10    lienholders in the order of their priority and signatures
11    of owners;
12        4. The current odometer reading at the time of transfer
13    and that the stated odometer reading is one of the
14    following: actual mileage, not the actual mileage or
15    mileage is in excess of its mechanical limits; and
16        5. Any further information the Secretary of State
17    reasonably requires to identify the vehicle and to enable
18    him to determine whether the owner is entitled to a
19    certificate of title and the existence or nonexistence of
20    security interests in the vehicle.
21    (a-5) The Secretary of State shall designate on the
22prescribed application form a space where the owner of a
23vehicle may designate a beneficiary, to whom ownership of the
24vehicle shall pass in the event of the owner's death.
25    (b) If the application refers to a vehicle purchased from a
26dealer, it must also be signed by the dealer as well as the



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1owner, and the dealer must promptly mail or deliver the
2application and required documents to the Secretary of State.
3    (c) If the application refers to a vehicle last previously
4registered in another State or country, the application must
5contain or be accompanied by:
6        1. Any certified document of ownership so recognized
7    and issued by the other State or country and acceptable to
8    the Secretary of State, and
9        2. Any other information and documents the Secretary of
10    State reasonably requires to establish the ownership of the
11    vehicle and the existence or nonexistence of security
12    interests in it.
13    (d) If the application refers to a new vehicle it must be
14accompanied by the Manufacturer's Statement of Origin, or other
15documents as required and acceptable by the Secretary of State,
16with such assignments as may be necessary to show title in the
18    (e) If an application refers to a vehicle rebuilt from a
19vehicle previously salvaged, that application shall comply
20with the provisions set forth in Sections 3-302 through 3-304
21of this Code.
22    (f) An application for a certificate of title for any
23vehicle, whether purchased in Illinois or outside Illinois, and
24even if previously registered in another State, must be
25accompanied by either an exemption determination from the
26Department of Revenue showing that no tax imposed pursuant to



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1the Use Tax Act or the vehicle use tax imposed by Section
23-1001 of the Illinois Vehicle Code is owed by anyone with
3respect to that vehicle, or a receipt from the Department of
4Revenue showing that any tax so imposed has been paid. An
5application for a certificate of title for any vehicle
6purchased outside Illinois, even if previously registered in
7another state, must be accompanied by either an exemption
8determination from the Department of Revenue showing that no
9tax imposed pursuant to the Municipal Use Tax Act or the County
10Use Tax Act is owed by anyone with respect to that vehicle, or
11a receipt from the Department of Revenue showing that any tax
12so imposed has been paid. In the absence of such a receipt for
13payment or determination of exemption from the Department, no
14certificate of title shall be issued to the applicant.
15    If the proof of payment of the tax or of nonliability
16therefor is, after the issuance of the certificate of title and
17display certificate of title, found to be invalid, the
18Secretary of State shall revoke the certificate and require
19that the certificate of title and, when applicable, the display
20certificate of title be returned to him.
21    (g) If the application refers to a vehicle not manufactured
22in accordance with federal safety and emission standards, the
23application must be accompanied by all documents required by
24federal governmental agencies to meet their standards before a
25vehicle is allowed to be issued title and registration.
26    (h) If the application refers to a vehicle sold at public



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



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1Applications received after noon on a business day will be
2processed and shipped the next business day. The Secretary
3shall charge an additional fee of $30 for this service, and
4that fee shall cover the cost of return shipping via an express
5mail service. All fees collected by the Secretary of State for
6expedited services shall be deposited into the Motor Vehicle
7License Plate Fund. In the event the Vehicle Services
8Department determines that the volume of expedited title
9requests received on a given day exceeds the ability of the
10Vehicle Services Department to process those requests in an
11expedited manner, the Vehicle Services Department may decline
12to provide expedited services, and the additional fee for the
13expedited service shall be refunded to the applicant.
14    (l) If the application refers to a homemade trailer, (i) it
15must be accompanied by the appropriate documentation regarding
16the source of materials used in the construction of the
17trailer, as required by the Secretary of State, (ii) the
18trailer must be inspected by a Secretary of State employee
19prior to the issuance of the title, and (iii) upon approval of
20the Secretary of State, the trailer must have a vehicle
21identification number, as provided by the Secretary of State,
22stamped or riveted to the frame.
23    (m) The holder of a Manufacturer's Statement of Origin to a
24manufactured home may deliver it to any person to facilitate
25conveying or encumbering the manufactured home. Any person
26receiving any such Manufacturer's Statement of Origin so



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1delivered holds it in trust for the person delivering it.
2    (n) Within 45 days after the completion of the first retail
3sale of a manufactured home, the Manufacturer's Statement of
4Origin to that manufactured home must be surrendered to the
5Secretary of State either in conjunction with an application
6for a certificate of title for that manufactured home or in
7accordance with Section 3-116.1.
8    (o) Each application for certificate of title for a motor
9vehicle shall be verified by the National Motor Vehicle Title
10Information System (NMVTIS) for a vehicle history report prior
11to the Secretary issuing a certificate of title.
12(Source: P.A. 97-918, eff. 1-1-13; 98-749, eff. 7-16-14.)
13    (625 ILCS 5/3-104.5 new)
14    Sec. 3-104.5. Application NMVTIS warnings or errors.
15    (a) Each application for a certificate of title or a
16salvage certificate for a motor vehicle that is verified by the
17National Motor Vehicle Title Information System (NMVTIS) that
18is returned with a warning or error shall be reviewed by the
19Secretary of State, or his or her designees, as to whether the
20warning or error warrants a change to the type of title or
21brand that is issued to a motor vehicle. If the Secretary needs
22supplemental information to verify or corroborate the
23information received from a NMVTIS report, then the Secretary
24may use any available commercial title history services or
25other Secretary of State resources to assist in determining the



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1vehicle's proper designation.
2    (b) Any motor vehicle application for a certificate of
3title or a salvage certificate that another state has
4previously issued a title or brand indicating that the status
5of the motor vehicle is equivalent to a junk vehicle, as
6defined in Section 1-134.1 of this Code, shall receive a title
7with a "prior out of state junk" brand if that history item was
8issued 120 months or more before the date of the submission of
9the current application for title.
10    (c) Any motor vehicle application for a certificate of
11title or a salvage certificate that is returned with a NMVTIS
12warning or error indicating that another state has previously
13issued a title or brand indicating the status of the motor
14vehicle is equivalent to a junk vehicle, as defined in Section
151-134.1 of this Code, shall be issued a junk certificate that
16reflects the motor vehicle's structural history, if the
17previously issued title or brand from another state was issued
18less than 120 months before the date of the submission of the
19current application for title.
20    (d) Any motor vehicle application for a certificate of
21title or a salvage certificate that is returned with a NMVTIS
22warning or error indicating a brand or label from another
23jurisdiction, that does not have a similar or comparable brand
24or label in this State, shall include a notation or brand on
25the certificate of title stating "previously branded".
26    (e) Any motor vehicle that is subject to the federal Truth



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1in Mileage Act, and is returned with a NMVTIS warning or error
2indicating the stated mileage of the vehicle on the application
3for certificate of title is 1,500 or fewer miles less than a
4previously recorded mileage for the vehicle, shall be deemed as
5having an acceptable margin of error and the higher of the 2
6figures shall be indicated on the new certificate of title, if
7the previous mileage was recorded within 90 days of the date of
8the current application for title and if there are no
9indications of fraud or malfeasance, or of altering or
10tampering with the odometer.
11    (f) Any applicant for a certificate of title or a salvage
12certificate who receives an alternative salvage or junk
13certificate, or who receives a certificate of title with a
14brand or label indicating the vehicle was previously rebuilt
15prior out of state junk, previously branded, or flood, may
16contest the Secretary's designations by requesting an
17administrative hearing under Section 2-116 of this Code.
18    (g) The Secretary may adopt any rules necessary to
19implement this Section.
20    (625 ILCS 5/3-118)  (from Ch. 95 1/2, par. 3-118)
21    Sec. 3-118. Application for salvage or junking
22certificate; contents.
23    (a) An application for a salvage certificate or junking
24certificate shall be made upon the forms prescribed by the
25Secretary of State and contain:



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1        1. The name and address of the owner;
2        2. A description of the vehicle including, so far as
3    the following data exists: its make, year-model,
4    identifying number, type of body, whether new or used;
5        3. The date of purchase by applicant; and
6        4. Any further information reasonably required by the
7    Secretary of State.
8    (b) The application for salvage certificate must also
9contain the current odometer reading and that the stated
10odometer reading is one of the following: actual mileage, not
11the actual mileage or mileage is in excess of its mechanical
13    (b-5) Each application for a salvage certificate for a
14motor vehicle shall be verified by the National Motor Vehicle
15Title Information System (NMVTIS) for a vehicle history report
16prior to the Secretary issuing a salvage certificate.
17    (c) A salvage certificate may be assigned to any person
18licensed under this Act as a rebuilder, automotive parts
19recycler, or scrap processor, or to an out-of-state salvage
20vehicle buyer. A salvage certificate for a vehicle that has
21come from a police impoundment may be assigned to a municipal
22fire department. A junking certificate may be assigned to
23anyone. The provisions for reassignment by dealers under
24paragraph (a) of Section 3-113 shall apply to salvage
25certificates, except as provided in Section 3-117.2. A salvage
26certificate may be reassigned to one other person to whom a



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1salvage certificate may be assigned pursuant to this Section.
2(Source: P.A. 95-301, eff. 1-1-08; 95-783, eff. 1-1-09.)
3    (625 ILCS 5/3-824)  (from Ch. 95 1/2, par. 3-824)
4    Sec. 3-824. When fees returnable.
5    (a) Whenever any application to the Secretary of State is
6accompanied by any fee as required by law and such application
7is refused or rejected, said fee shall be returned to said
9    (b) Whenever the Secretary of State collects any fee not
10required to be paid under the provisions of this Act, the same
11shall be refunded to the person paying the same upon
12application therefor made within 6 months after the date of
13such payment, except as follows: (1) whenever a refund is
14determined to be due and owing as a result of an audit, by this
15State or any other state or province, in accordance with
16Section 2-124 of this Code, of a prorate or apportion license
17fee payment pursuant to any reciprocal compact or agreement
18between this State and any other state or province, and the
19Secretary for any reason fails to promptly make such refund,
20the licensee shall have one year from the date of the
21notification of the audit result to file, with the Secretary,
22an application for refund found to be due and owing as a result
23of such audit; and (2) whenever a person eligible for a reduced
24registration fee pursuant to Section 3-806.3 of this Code has
25paid in excess of the reduced registration fee owed, the refund



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1applicant shall have 2 years from the date of overpayment to
2apply with the Secretary for a refund of that part of payment
3made in excess of the established reduced registration fee.
4    (c) Whenever a person dies after making application for
5registration, application for a refund of the registration fees
6and taxes may be made if the vehicle is then sold or disposed
7of so that the registration plates, registration sticker and
8card are never used. The Secretary of State shall refund the
9registration fees and taxes upon receipt within 6 months after
10the application for registration of an application for refund
11accompanied with the unused registration plates or
12registration sticker and card and proof of both the death of
13the applicant and the sale or disposition of the vehicle.
14    (d) Any application for refund received after the times
15specified in this Section shall be denied and the applicant in
16order to receive a refund must apply to the Court of Claims.
17    (d-5) Refunds may be granted for any title-related
18transaction if a title application has not been processed by
19the Secretary of State. If any application for a certificate of
20title under Section 3-104 or salvage title under Section 3-118
21is verified by the National Motor Vehicle Title Information
22System (NMVTIS), and receives a warning or error from the
23NMVTIS reporting that the vehicle requires either a salvage
24certificate or a junk certificate in lieu of the original
25applied certificate of title or salvage title, then the
26applicant shall have 6 months to apply for a refund of cost, or



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1the difference of the certificate of title or salvage
3    (e) The Secretary of State is authorized to maintain a two
4signature revolving checking account with a suitable
5commercial bank for the purpose of depositing and
6withdrawal-for-return those monies received and determined
7upon receipt to be in excess of the amount or amounts required
8by law.
9    (f) Refunds on audits performed by Illinois or another
10member of the International Registration Plan shall be made in
11accordance with the procedures as set forth in the agreement.
12(Source: P.A. 92-69, eff. 7-12-01.)
13    Section 10. "AN ACT concerning transportation", approved
14August 5, 2013, (Public Act 98-176), as amended by "AN ACT
15concerning transportation", approved July 16, 2014, (Public
16Act 98-722), is amended by changing Section 99 as follows:
17    (P.A. 98-176, Sec. 99)
18    Sec. 99. Effective date. This Act takes effect July 1, 2015
19July 8, 2015.
20(Source: P.A. 98-176; 98-722)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".