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| [ House Amendment 001 ] |
90_SB0954ham002
LRB9003304WHmgam01
1 AMENDMENT TO SENATE BILL 954
2 AMENDMENT NO. . Amend Senate Bill 954, AS AMENDED,
3 by replacing the introductory clause of Section 5 with the
4 following:
5 "Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 3-104 and 6-514 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
10 vehicle in this State must be made by the owner to the
11 Secretary of State on the form prescribed and must contain:
12 1. The name, residence and mail address of the
13 owner;
14 2. A description of the vehicle including, so far
15 as the following data exists: Its make, year-model,
16 identifying number, type of body, whether new or used, as
17 to house trailers as defined in Section 1-128 of this
18 Code, the square footage of the house trailer based upon
19 the outside dimensions of the house trailer excluding the
20 length of the tongue and hitch, and, as to vehicles of
21 the second division, whether for-hire, not-for-hire, or
22 both for-hire and not-for-hire;
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1 3. The date of purchase by applicant and, if
2 applicable, the name and address of the person from whom
3 the vehicle was acquired and the names and addresses of
4 any lienholders in the order of their priority and
5 signatures of owners;
6 4. The current odometer reading at the time of
7 transfer and that the stated odometer reading is one of
8 the following: actual mileage, not the actual mileage or
9 mileage is in excess of its mechanical limits; and
10 5. Any further information the Secretary of State
11 reasonably requires to identify the vehicle and to enable
12 him to determine whether the owner is entitled to a
13 certificate of title and the existence or nonexistence of
14 security interests in the vehicle.
15 (b) If the application refers to a vehicle purchased
16 from a dealer, it must also be signed by the dealer as well
17 as the owner, and the dealer must promptly mail or deliver
18 the application and required documents to the Secretary of
19 State.
20 (c) If the application refers to a vehicle last
21 previously registered in another State or country, the
22 application must contain or be accompanied by:
23 1. Any certified document of ownership so
24 recognized and issued by the other State or country and
25 acceptable to the Secretary of State, and
26 2. Any other information and documents the
27 Secretary of State reasonably requires to establish the
28 ownership of the vehicle and the existence or
29 nonexistence of security interests in it.
30 (d) If the application refers to a new vehicle it must
31 be accompanied by the Manufacturer's Statement of Origin, or
32 other documents as required and acceptable by the Secretary
33 of State, with such assignments as may be necessary to show
34 title in the applicant.
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1 (e) If an application refers to a vehicle rebuilt from a
2 vehicle previously salvaged, that application shall comply
3 with the provisions set forth in Sections 3-302 through 3-304
4 of this Code.
5 (f) An application for a certificate of title for any
6 vehicle, whether purchased in Illinois or outside Illinois,
7 and even if previously registered in another State, must be
8 accompanied by either an exemption determination from the
9 Department of Revenue showing that no tax imposed pursuant to
10 the Use Tax Act or the vehicle use tax imposed by Section
11 3-1001 of the Illinois Vehicle Code is owed by anyone with
12 respect to that vehicle, or a receipt from the Department of
13 Revenue showing that any tax so imposed has been paid. An
14 application for a certificate of title for any vehicle
15 purchased outside Illinois, even if previously registered in
16 another state, must be accompanied by either an exemption
17 determination from the Department of Revenue showing that no
18 tax imposed pursuant to the Municipal Use Tax Act or the
19 County Use Tax Act is owed by anyone with respect to that
20 vehicle, or a receipt from the Department of Revenue showing
21 that any tax so imposed has been paid. In the absence of
22 such a receipt for payment or determination of exemption from
23 the Department, no certificate of title shall be issued to
24 the applicant.
25 If the proof of payment of the tax or of nonliability
26 therefor is, after the issuance of the certificate of title
27 and display certificate of title, found to be invalid, the
28 Secretary of State shall revoke the certificate and require
29 that the certificate of title and, when applicable, the
30 display certificate of title be returned to him.
31 (g) If the application refers to a vehicle not
32 manufactured in accordance with federal safety and emission
33 standards, the application must be accompanied by all
34 documents required by federal governmental agencies to meet
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1 their standards before a vehicle is allowed to be issued
2 title and registration.
3 (h) If the application refers to a vehicle sold at
4 public sale by a sheriff, it must be accompanied by the
5 required fee and a bill of sale issued and signed by a
6 sheriff. The bill of sale must identify the new owner's name
7 and address, the year model, make and vehicle identification
8 number of the vehicle, court order document number
9 authorizing such sale, if applicable, and the name and
10 address of any lienholders in order of priority, if
11 applicable.
12 (i) If the application refers to a vehicle for which a
13 court of law determined the ownership, it must be accompanied
14 with a certified copy of such court order and the required
15 fee. The court order must indicate the new owner's name and
16 address, the complete description of the vehicle, if known,
17 the name and address of the lienholder, if any, and must be
18 signed and dated by the judge issuing such order.
19 (j) If the application refers to a vehicle sold at
20 public auction pursuant to the Labor and Storage Lien (Small
21 Amount) Act, it must be accompanied by an affidavit or
22 affirmation furnished by the Secretary of State along with
23 the documents described in the affidavit or affirmation and
24 the required fee.
25 (Source: P.A. 87-206; 88-45.)"; and
26 in Section 99, by replacing "1998" with the following:
27 "1998, and this Section and the provisions changing Section
28 3-104 of the Illinois Vehicle Code take effect upon becoming
29 law".