97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2196

 

Introduced , by Rep. Jim Sacia

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-104  from Ch. 95 1/2, par. 3-104

    Amends the Illinois Vehicle Code. Adds Secretary of State police officers to the category of persons who may conduct required inspections of homemade trailers prior to the issuance of a certificate of title. Effective July 1, 2011.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 3-104 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,
17    the square footage of the house trailer based upon the
18    outside dimensions of the house trailer excluding the
19    length of the tongue and hitch, and, as to vehicles of the
20    second division, whether for-hire, not-for-hire, or both
21    for-hire and not-for-hire;
22        3. The date of purchase by applicant and, if
23    applicable, the name and address of the person from whom

 

 

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1    the vehicle was acquired and the names and addresses of any
2    lienholders in the order of their priority and signatures
3    of owners;
4        4. The current odometer reading at the time of transfer
5    and that the stated odometer reading is one of the
6    following: actual mileage, not the actual mileage or
7    mileage is in excess of its mechanical limits; and
8        5. Any further information the Secretary of State
9    reasonably requires to identify the vehicle and to enable
10    him to determine whether the owner is entitled to a
11    certificate of title and the existence or nonexistence of
12    security interests in the vehicle.
13    (a-5) The Secretary of State shall designate on the
14prescribed application form a space where the owner of a
15vehicle may designate a beneficiary, to whom ownership of the
16vehicle shall pass in the event of the owner's death.
17    (b) If the application refers to a vehicle purchased from a
18dealer, it must also be signed by the dealer as well as the
19owner, and the dealer must promptly mail or deliver the
20application and required documents to the Secretary of State.
21    (c) If the application refers to a vehicle last previously
22registered in another State or country, the application must
23contain or be accompanied by:
24        1. Any certified document of ownership so recognized
25    and issued by the other State or country and acceptable to
26    the Secretary of State, and

 

 

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1        2. Any other information and documents the Secretary of
2    State reasonably requires to establish the ownership of the
3    vehicle and the existence or nonexistence of security
4    interests in it.
5    (d) If the application refers to a new vehicle it must be
6accompanied by the Manufacturer's Statement of Origin, or other
7documents as required and acceptable by the Secretary of State,
8with such assignments as may be necessary to show title in the
9applicant.
10    (e) If an application refers to a vehicle rebuilt from a
11vehicle previously salvaged, that application shall comply
12with the provisions set forth in Sections 3-302 through 3-304
13of this Code.
14    (f) An application for a certificate of title for any
15vehicle, whether purchased in Illinois or outside Illinois, and
16even if previously registered in another State, must be
17accompanied by either an exemption determination from the
18Department of Revenue showing that no tax imposed pursuant to
19the Use Tax Act or the vehicle use tax imposed by Section
203-1001 of the Illinois Vehicle Code is owed by anyone with
21respect to that vehicle, or a receipt from the Department of
22Revenue showing that any tax so imposed has been paid. An
23application for a certificate of title for any vehicle
24purchased outside Illinois, even if previously registered in
25another state, must be accompanied by either an exemption
26determination from the Department of Revenue showing that no

 

 

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1tax imposed pursuant to the Municipal Use Tax Act or the County
2Use Tax Act is owed by anyone with respect to that vehicle, or
3a receipt from the Department of Revenue showing that any tax
4so imposed has been paid. In the absence of such a receipt for
5payment or determination of exemption from the Department, no
6certificate of title shall be issued to the applicant.
7    If the proof of payment of the tax or of nonliability
8therefor is, after the issuance of the certificate of title and
9display certificate of title, found to be invalid, the
10Secretary of State shall revoke the certificate and require
11that the certificate of title and, when applicable, the display
12certificate of title be returned to him.
13    (g) If the application refers to a vehicle not manufactured
14in accordance with federal safety and emission standards, the
15application must be accompanied by all documents required by
16federal governmental agencies to meet their standards before a
17vehicle is allowed to be issued title and registration.
18    (h) If the application refers to a vehicle sold at public
19sale by a sheriff, it must be accompanied by the required fee
20and a bill of sale issued and signed by a sheriff. The bill of
21sale must identify the new owner's name and address, the year
22model, make and vehicle identification number of the vehicle,
23court order document number authorizing such sale, if
24applicable, and the name and address of any lienholders in
25order of priority, if applicable.
26    (i) If the application refers to a vehicle for which a

 

 

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1court of law determined the ownership, it must be accompanied
2with a certified copy of such court order and the required fee.
3The court order must indicate the new owner's name and address,
4the complete description of the vehicle, if known, the name and
5address of the lienholder, if any, and must be signed and dated
6by the judge issuing such order.
7    (j) If the application refers to a vehicle sold at public
8auction pursuant to the Labor and Storage Lien (Small Amount)
9Act, it must be accompanied by an affidavit or affirmation
10furnished by the Secretary of State along with the documents
11described in the affidavit or affirmation and the required fee.
12    (k) The Secretary may provide an expedited process for the
13issuance of vehicle titles. Expedited title applications must
14be delivered to the Secretary of State's Vehicle Services
15Department in Springfield by express mail service or hand
16delivery. Applications must be complete, including necessary
17forms, fees, and taxes. Applications received before noon on a
18business day will be processed and shipped that same day.
19Applications received after noon on a business day will be
20processed and shipped the next business day. The Secretary
21shall charge an additional fee of $30 for this service, and
22that fee shall cover the cost of return shipping via an express
23mail service. All fees collected by the Secretary of State for
24expedited services shall be deposited into the Motor Vehicle
25License Plate Fund. In the event the Vehicle Services
26Department determines that the volume of expedited title

 

 

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1requests received on a given day exceeds the ability of the
2Vehicle Services Department to process those requests in an
3expedited manner, the Vehicle Services Department may decline
4to provide expedited services, and the additional fee for the
5expedited service shall be refunded to the applicant.
6    (l) If the application refers to a homemade trailer, (i) it
7must be accompanied by the appropriate documentation regarding
8the source of materials used in the construction of the
9trailer, as required by the Secretary of State, (ii) the
10trailer must be inspected by a Secretary of State investigator,
11as described in Section 2-115 of this Code, or by a Secretary
12of State police officer prior to the issuance of the title, and
13(iii) upon approval of the Secretary of State, the trailer must
14have a vehicle identification number, as provided by the
15Secretary of State, stamped or riveted to the frame.
16(Source: P.A. 95-784, eff. 1-1-09; 96-519, eff. 1-1-10; 96-554,
17eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
18    Section 99. Effective date. This Act takes effect July 1,
192011.