Illinois General Assembly - Full Text of Public Act 097-0918
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Public Act 097-0918


 

Public Act 0918 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0918
 
HB1151 EnrolledLRB097 05771 HEP 45837 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 3-104, 3-609 and 11-1301.1 as follows:
 
    (625 ILCS 5/3-104)  (from Ch. 95 1/2, par. 3-104)
    Sec. 3-104. Application for certificate of title.
    (a) The application for a certificate of title for a
vehicle in this State must be made by the owner to the
Secretary of State on the form prescribed and must contain:
        1. The name, Illinois residence and mail address of the
    owner;
        2. A description of the vehicle including, so far as
    the following data exists: Its make, year-model,
    identifying number, type of body, whether new or used, as
    to house trailers as defined in Section 1-128 of this Code,
    the square footage of the house trailer based upon the
    outside dimensions of the house trailer excluding the
    length of the tongue and hitch, and, as to vehicles of the
    second division, whether for-hire, not-for-hire, or both
    for-hire and not-for-hire;
        3. The date of purchase by applicant and, if
    applicable, the name and address of the person from whom
    the vehicle was acquired and the names and addresses of any
    lienholders in the order of their priority and signatures
    of owners;
        4. The current odometer reading at the time of transfer
    and that the stated odometer reading is one of the
    following: actual mileage, not the actual mileage or
    mileage is in excess of its mechanical limits; and
        5. Any further information the Secretary of State
    reasonably requires to identify the vehicle and to enable
    him to determine whether the owner is entitled to a
    certificate of title and the existence or nonexistence of
    security interests in the vehicle.
    (a-5) The Secretary of State shall designate on the
prescribed application form a space where the owner of a
vehicle may designate a beneficiary, to whom ownership of the
vehicle shall pass in the event of the owner's death.
    (b) If the application refers to a vehicle purchased from a
dealer, it must also be signed by the dealer as well as the
owner, and the dealer must promptly mail or deliver the
application and required documents to the Secretary of State.
    (c) If the application refers to a vehicle last previously
registered in another State or country, the application must
contain or be accompanied by:
        1. Any certified document of ownership so recognized
    and issued by the other State or country and acceptable to
    the Secretary of State, and
        2. Any other information and documents the Secretary of
    State reasonably requires to establish the ownership of the
    vehicle and the existence or nonexistence of security
    interests in it.
    (d) If the application refers to a new vehicle it must be
accompanied by the Manufacturer's Statement of Origin, or other
documents as required and acceptable by the Secretary of State,
with such assignments as may be necessary to show title in the
applicant.
    (e) If an application refers to a vehicle rebuilt from a
vehicle previously salvaged, that application shall comply
with the provisions set forth in Sections 3-302 through 3-304
of this Code.
    (f) An application for a certificate of title for any
vehicle, whether purchased in Illinois or outside Illinois, and
even if previously registered in another State, must be
accompanied by either an exemption determination from the
Department of Revenue showing that no tax imposed pursuant to
the Use Tax Act or the vehicle use tax imposed by Section
3-1001 of the Illinois Vehicle Code is owed by anyone with
respect to that vehicle, or a receipt from the Department of
Revenue showing that any tax so imposed has been paid. An
application for a certificate of title for any vehicle
purchased outside Illinois, even if previously registered in
another state, must be accompanied by either an exemption
determination from the Department of Revenue showing that no
tax imposed pursuant to the Municipal Use Tax Act or the County
Use Tax Act is owed by anyone with respect to that vehicle, or
a receipt from the Department of Revenue showing that any tax
so imposed has been paid. In the absence of such a receipt for
payment or determination of exemption from the Department, no
certificate of title shall be issued to the applicant.
    If the proof of payment of the tax or of nonliability
therefor is, after the issuance of the certificate of title and
display certificate of title, found to be invalid, the
Secretary of State shall revoke the certificate and require
that the certificate of title and, when applicable, the display
certificate of title be returned to him.
    (g) If the application refers to a vehicle not manufactured
in accordance with federal safety and emission standards, the
application must be accompanied by all documents required by
federal governmental agencies to meet their standards before a
vehicle is allowed to be issued title and registration.
    (h) If the application refers to a vehicle sold at public
sale by a sheriff, it must be accompanied by the required fee
and a bill of sale issued and signed by a sheriff. The bill of
sale must identify the new owner's name and address, the year
model, make and vehicle identification number of the vehicle,
court order document number authorizing such sale, if
applicable, and the name and address of any lienholders in
order of priority, if applicable.
    (i) If the application refers to a vehicle for which a
court of law determined the ownership, it must be accompanied
with a certified copy of such court order and the required fee.
The court order must indicate the new owner's name and address,
the complete description of the vehicle, if known, the name and
address of the lienholder, if any, and must be signed and dated
by the judge issuing such order.
    (j) If the application refers to a vehicle sold at public
auction pursuant to the Labor and Storage Lien (Small Amount)
Act, it must be accompanied by an affidavit or affirmation
furnished by the Secretary of State along with the documents
described in the affidavit or affirmation and the required fee.
    (k) The Secretary may provide an expedited process for the
issuance of vehicle titles. Expedited title applications must
be delivered to the Secretary of State's Vehicle Services
Department in Springfield by express mail service or hand
delivery. Applications must be complete, including necessary
forms, fees, and taxes. Applications received before noon on a
business day will be processed and shipped that same day.
Applications received after noon on a business day will be
processed and shipped the next business day. The Secretary
shall charge an additional fee of $30 for this service, and
that fee shall cover the cost of return shipping via an express
mail service. All fees collected by the Secretary of State for
expedited services shall be deposited into the Motor Vehicle
License Plate Fund. In the event the Vehicle Services
Department determines that the volume of expedited title
requests received on a given day exceeds the ability of the
Vehicle Services Department to process those requests in an
expedited manner, the Vehicle Services Department may decline
to provide expedited services, and the additional fee for the
expedited service shall be refunded to the applicant.
    (l) If the application refers to a homemade trailer, (i) it
must be accompanied by the appropriate documentation regarding
the source of materials used in the construction of the
trailer, as required by the Secretary of State, (ii) the
trailer must be inspected by a Secretary of State employee
investigator, as described in Section 2-115 of this Code, prior
to the issuance of the title, and (iii) upon approval of the
Secretary of State, the trailer must have a vehicle
identification number, as provided by the Secretary of State,
stamped or riveted to the frame.
(Source: P.A. 95-784, eff. 1-1-09; 96-519, eff. 1-1-10; 96-554,
eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
    (625 ILCS 5/3-609)  (from Ch. 95 1/2, par. 3-609)
    Sec. 3-609. Disabled Veterans' Plates.
    (a) Any veteran who holds proof of a service-connected
disability from the United States Department of Veterans
Affairs, and who has obtained certification from a licensed
physician, physician assistant, or advanced practice nurse
that the service-connected disability qualifies the veteran
for issuance of registration plates or decals to a person with
disabilities in accordance with Section 3-616, may, without the
payment of any registration fee, make application to the
Secretary of State for disabled veterans license plates
displaying the international symbol of access, for the
registration of one motor vehicle of the first division or one
motor vehicle of the second division weighing not more than
8,000 pounds.
    (b) Any veteran who holds proof of a service-connected
disability from the United States Department of Veterans
Affairs, and whose degree of disability has been declared to be
50% or more, but whose disability does not qualify the veteran
for a plate or decal for persons with disabilities under
Section 3-616, may, without the payment of any registration
fee, make application to the Secretary for a special
registration plate without the international symbol of access
for the registration of one motor vehicle of the first division
or one motor vehicle of the second division weighing not more
than 8,000 pounds. Any veteran may make application for the
registration of one motor vehicle of the first division or one
motor vehicle of the second division weighing not more than
8,000 pounds to the Secretary of State without the payment of
any registration fee if (i) the veteran holds proof of a
service-connected disability from the United States Department
of Veterans Affairs and (ii) a licensed physician, physician
assistant, or advanced practice nurse has certified in
accordance with Section 3-616 that because of the
service-connected disability the veteran qualifies for
issuance of registration plates or decals to a person with
disabilities. The Secretary may, in his or her discretion,
allow the plates to be issued as vanity or personalized plates
in accordance with Section 3-405.1 of this Code. Registration
shall be for a multi-year period and may be issued staggered
registration.
    (c) Renewal of such registration must be accompanied with
documentation for eligibility of registration without fee
unless the applicant has a permanent qualifying disability, and
such registration plates may not be issued to any person not
eligible therefor. The Illinois Department of Veterans'
Affairs may assist in providing the documentation of
disability.
    (d) The design and color of the plates shall be within the
discretion of the Secretary, except that the plates issued
under subsection (b) of this Section shall not contain the
international symbol of access. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity or
personalized plates in accordance with Section 3-405.1 of this
Code. Registration shall be for a multi-year period and may be
issued staggered registration.
    (e) Any Commencing with the 2009 registration year, any
person eligible to receive license plates under this Section
who has been approved for benefits under the Senior Citizens
and Disabled Persons Property Tax Relief and Pharmaceutical
Assistance Act, or who has claimed and received a grant under
that Act, shall pay a fee of $24 instead of the fee otherwise
provided in this Code for passenger cars displaying standard
multi-year registration plates issued under Section 3-414.1,
for motor vehicles registered at 8,000 pounds or less under
Section 3-815(a), or for recreational vehicles registered at
8,000 pounds or less under Section 3-815(b), for a second set
of plates under this Section.
(Source: P.A. 95-157, eff. 1-1-08; 95-167, eff. 1-1-08; 95-353,
eff. 1-1-08; 95-876, eff. 8-21-08; 96-79, eff. 1-1-10.)
 
    (625 ILCS 5/11-1301.1)  (from Ch. 95 1/2, par. 11-1301.1)
    Sec. 11-1301.1. Persons with disabilities - Parking
privileges - Exemptions.
    (a) A motor vehicle bearing registration plates issued to a
person with disabilities, as defined by Section 1-159.1,
pursuant to Section 3-616 or to a disabled veteran pursuant to
subsection (a) of Section 3-609 or a special decal or device
issued pursuant to Section 3-616 or pursuant to Section
11-1301.2 of this Code or a motor vehicle registered in another
jurisdiction, state, district, territory or foreign country
upon which is displayed a registration plate, special decal or
device issued by the other jurisdiction designating the vehicle
is operated by or for a person with disabilities shall be
exempt from the payment of parking meter fees and exempt from
any statute or ordinance imposing time limitations on parking,
except limitations of one-half hour or less, on any street or
highway zone, or any parking lot or parking place which are
owned, leased or owned and leased by a municipality or a
municipal parking utility; and shall be recognized by state and
local authorities as a valid license plate or parking device
and shall receive the same parking privileges as residents of
this State; but, such vehicle shall be subject to the laws
which prohibit parking in "no stopping" and "no standing" zones
in front of or near fire hydrants, driveways, public building
entrances and exits, bus stops and loading areas, and is
prohibited from parking where the motor vehicle constitutes a
traffic hazard, whereby such motor vehicle shall be moved at
the instruction and request of a law enforcement officer to a
location designated by the officer.
    (b) Any motor vehicle bearing registration plates or a
special decal or device specified in this Section or in Section
3-616 of this Code or such parking device as specifically
authorized in Section 11-1301.2 as evidence that the vehicle is
operated by or for a person with disabilities or bearing
registration plates issued to a disabled veteran under
subsection (a) of Section 3-609 may park, in addition to any
other lawful place, in any parking place specifically reserved
for such vehicles by the posting of an official sign as
provided under Section 11-301. Parking privileges granted by
this Section are strictly limited to the person to whom the
special registration plates, special decal or device were
issued and to qualified operators acting under his or her
express direction while the person with disabilities is
present. A person to whom privileges were granted shall, at the
request of a police officer or any other person invested by law
with authority to direct, control, or regulate traffic, present
an identification card with a picture as verification that the
person is the person to whom the special registration plates,
special decal or device was issued.
    (c) Such parking privileges granted by this Section are
also extended to motor vehicles of not-for-profit
organizations used for the transportation of persons with
disabilities when such motor vehicles display the decal or
device issued pursuant to Section 11-1301.2 of this Code.
    (d) No person shall use any area for the parking of any
motor vehicle pursuant to Section 11-1303 of this Code or where
an official sign controlling such area expressly prohibits
parking at any time or during certain hours.
(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
 
    Section 99. Effective date. This Act takes effect January
1, 2013.

Effective Date: 1/1/2013