Public Act 0145 100TH GENERAL ASSEMBLY |
Public Act 100-0145 |
HB3045 Enrolled | LRB100 10970 AXK 21207 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, 3-405, and 7-604 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 , and, |
if available, email 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, |
and as to manufactured homes as defined in Section 1-144.03 |
of this Code, the square footage based upon the outside |
dimensions 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 |
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. |
(m) The holder of a Manufacturer's Statement of Origin to a |
manufactured home may deliver it to any person to facilitate |
conveying or encumbering the manufactured home. Any person |
receiving any such Manufacturer's Statement of Origin so |
delivered holds it in trust for the person delivering it. |
(n) Within 45 days after the completion of the first retail |
sale of a manufactured home, the Manufacturer's Statement of |
Origin to that manufactured home must be surrendered to the |
Secretary of State either in conjunction with an application |
for a certificate of title for that manufactured home or in |
accordance with Section 3-116.1. |
(o) Each application for certificate of title for a motor |
|
vehicle shall be verified by the National Motor Vehicle Title |
Information System (NMVTIS) for a vehicle history report prior |
to the Secretary issuing a certificate of title. |
(Source: P.A. 98-749, eff. 7-16-14; 99-414, eff. 8-20-15.)
|
(625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
|
Sec. 3-405. Application for registration.
|
(a) Every owner of a vehicle subject to registration under |
this Code shall
make application to the Secretary of State for |
the registration of such
vehicle upon the appropriate form or |
forms furnished by the Secretary.
Every such application shall |
bear the signature of the owner
written with pen and ink and |
contain:
|
1. The name, domicile address, as defined in Section |
1-115.5 of this Code, (except as otherwise provided in this
|
paragraph 1) , and mail address of the owner or
business |
address of the owner if a firm, association , or |
corporation , and, if available, email address of the owner . |
If
the mailing address is a post office box number, the |
address listed on the
driver license record may be used to |
verify residence.
A police officer, a deputy sheriff, an |
elected sheriff, a law enforcement
officer for the |
Department of State Police, a fire investigator, a state's |
attorney, an assistant state's attorney, a state's |
attorney special investigator, or a judicial officer may |
elect to
furnish
the address of the headquarters of the |
|
governmental entity, police district, or business address
|
where he or she
works instead of his or her domicile |
address, in which case that address shall
be deemed to be |
his or her domicile address for all purposes under this
|
Chapter 3.
The spouse and children of a person who may |
elect under this paragraph 1 to
furnish the address of the |
headquarters of the government entity, police
district, or |
business address where the person works instead of the |
person's domicile address may,
if they reside with that |
person, also elect to furnish the address of the
|
headquarters of the government entity, police district, or |
business address where the person works
as their domicile |
address, in which case that address shall be deemed to be
|
their domicile address for all purposes under this Chapter |
3.
In this paragraph 1: (A)
"police officer" has the |
meaning ascribed to "policeman" in Section 10-3-1 of
the |
Illinois Municipal Code; (B) "deputy sheriff" means a |
deputy sheriff
appointed under Section 3-6008 of the |
Counties Code; (C) "elected sheriff"
means a sheriff |
commissioned pursuant to Section 3-6001 of the Counties |
Code;
(D) "fire
investigator" means a person classified as |
a peace officer under the Peace
Officer Fire Investigation |
Act; (E) "state's attorney", "assistant state's attorney", |
and "state's attorney special investigator" mean a state's |
attorney, assistant state's attorney, and state's attorney |
special investigator commissioned or appointed under |
|
Division 3-9 of the Counties Code; and (F) "judicial |
officer" has the meaning ascribed to it in Section 1-10 of |
the Judicial Privacy Act.
|
2. A description of the vehicle, including such |
information as is
required in an application for a |
certificate of title, determined under such
standard |
rating as may be prescribed by the Secretary.
|
3. (Blank).
|
4. Such further information as may reasonably be |
required by the
Secretary to enable him to determine |
whether the vehicle is
lawfully entitled to registration |
and the owner entitled to a certificate
of title.
|
5. An affirmation by the applicant that all information |
set forth is
true and correct. If the
application is for |
the registration of a motor vehicle, the applicant also
|
shall affirm that the motor vehicle is insured as required |
by this Code,
that such insurance will be maintained |
throughout the period for which the
motor vehicle shall be |
registered, and that neither the owner, nor any
person |
operating the motor vehicle with the owner's permission, |
shall
operate the motor vehicle unless the required |
insurance is in effect. If
the person signing the |
affirmation is not the sole owner of the vehicle,
such |
person shall be deemed to have affirmed on behalf of all |
the owners of
the vehicle. If the person signing the |
affirmation is not an owner of the
vehicle, such person |
|
shall be deemed to have affirmed on behalf of the
owner or |
owners of the vehicle. The lack of signature on the |
application
shall not in any manner exempt the owner or |
owners from any provisions,
requirements or penalties of |
this Code.
|
(b) When such application refers to a new vehicle purchased |
from a
dealer the application shall be accompanied by a |
Manufacturer's Statement
of Origin from the dealer, and a |
statement showing any lien retained by the
dealer.
|
(Source: P.A. 97-847, eff. 1-1-13; 98-539, eff. 1-1-14; 98-787, |
eff. 7-25-14.)
|
(625 ILCS 5/7-604) (from Ch. 95 1/2, par. 7-604)
|
Sec. 7-604. Verification of liability insurance policy.
|
(a) The Secretary of State may select random samples
of |
registrations of motor vehicles subject to Section 7-601 of |
this Code,
or owners thereof, for the purpose of verifying |
whether or not the motor
vehicles are insured.
|
In addition to such general random samples of motor vehicle
|
registrations, the Secretary may select for
verification other |
random samples, including, but not limited to
registrations of |
motor vehicles owned by persons:
|
(1) whose motor vehicle registrations during the |
preceding 4 years have
been suspended pursuant to Section |
7-606 or 7-607 of this Code;
|
(2) who during the preceding 4 years have been |
|
convicted of violating
Section 3-707, 3-708 or 3-710 of |
this Code while operating vehicles
owned by other persons;
|
(3) whose driving privileges have been suspended |
during the preceding 4
years;
|
(4) who during the preceding 4 years acquired ownership |
of motor
vehicles while the registrations of such vehicles |
under the previous owners
were suspended pursuant to |
Section 7-606 or 7-607 of this Code; or
|
(5) who during the preceding 4 years have received a |
disposition of
supervision under subsection (c) of Section |
5-6-1 of the Unified Code of
Corrections for a violation of |
Section 3-707, 3-708, or 3-710 of this Code.
|
(b) Upon receiving certification from the Department of |
Transportation
under Section 7-201.2 of this Code of the name |
of an owner or operator of any
motor vehicle involved in an |
accident, the Secretary may verify whether or
not at the time |
of the accident such motor vehicle was covered by a
liability |
insurance policy in accordance with Section 7-601 of this Code.
|
(c) In preparation for selection of random samples and |
their
verification, the Secretary may send to owners of |
randomly selected motor
vehicles, or to randomly selected motor |
vehicle owners, requests for
information about their motor |
vehicles and liability
insurance coverage electronically or, |
if electronic means are unavailable, via U.S. mail . The request |
shall require the owner to state whether
or not the motor |
vehicle was insured on the verification date stated in the
|
|
Secretary's request and the request may require, but is not |
limited to,
a statement by the owner of the names and addresses |
of insurers, policy
numbers, and expiration dates of insurance |
coverage.
|
(d) Within 30 days after the Secretary sends mails a |
request under subsection (c) of this Section , the owner to
whom |
it is sent shall furnish the requested information to the |
Secretary
above the owner's signed affirmation that such |
information is true and
correct. Proof of insurance in effect |
on the verification date, as
prescribed by the Secretary, may |
be considered by the Secretary to be a
satisfactory response to |
the request for information.
|
Any owner whose response indicates that his or her vehicle |
was
not covered by a liability insurance policy in accordance |
with
Section 7-601 of this Code shall be deemed to have |
registered or maintained
registration of a motor vehicle in |
violation of that Section. Any owner who
fails to respond to |
such a request shall be deemed to have registered or
maintained |
registration of a motor vehicle in violation of Section
7-601 |
of this Code.
|
(e) If the owner responds to the request for information by |
asserting
that his or her vehicle was covered by a liability |
insurance policy on the
verification date stated in the |
Secretary's request, the Secretary may
conduct a verification |
of the response by furnishing necessary information
to the |
insurer named in the response. The insurer shall within
45 days
|
|
inform the Secretary whether or not on the verification date |
stated the
motor vehicle was insured by the insurer in |
accordance with Section 7-601
of this Code. The Secretary may |
by rule and regulation prescribe the
procedures for |
verification.
|
(f) No random sample selected under this Section shall be |
categorized on
the basis of race, color, religion, sex, |
national origin, ancestry, age,
marital status, physical or |
mental disability, economic status
or geography.
|
(g) (Blank). |
(Source: P.A. 98-787, eff. 7-25-14; 99-333, eff. 12-30-15 (see |
Section 15 of P.A. 99-483 for the effective date of changes |
made by P.A. 99-333); 99-737, eff. 8-5-16.)
|
Section 95. No acceleration or delay. Where this Act makes |
changes in a statute that is represented in this Act by text |
that is not yet or no longer in effect (for example, a Section |
represented by multiple versions), the use of that text does |
not accelerate or delay the taking effect of (i) the changes |
made by this Act or (ii) provisions derived from any other |
Public Act.
|