093_HB0093eng HB0093 Engrossed LRB093 02383 DRH 02391 b 1 AN ACT in relation to vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing Section 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 9 vehicle in this State must be made by the owner to the 10 Secretary of State on the form prescribed and must contain: 11 1. The name, Illinois residence and mail address of 12 the owner; 13 2. A description of the vehicle including, so far 14 as the following data exists: Its make, year-model, color 15 at the time of acquisition, identifying number, type of 16 body, whether new or used, as to house trailers as 17 defined in Section 1-128 of this Code, the square footage 18 of the house trailer based upon the outside dimensions of 19 the house trailer excluding the length of the tongue and 20 hitch, and, as to vehicles of the second division, 21 whether for-hire, not-for-hire, or both for-hire and 22 not-for-hire; 23 3. The date of purchase by applicant and, if 24 applicable, the name and address of the person from whom 25 the vehicle was acquired and the names and addresses of 26 any lienholders in the order of their priority and 27 signatures of owners; 28 4. The current odometer reading at the time of 29 transfer and that the stated odometer reading is one of 30 the following: actual mileage, not the actual mileage or 31 mileage is in excess of its mechanical limits; and HB0093 Engrossed -2- LRB093 02383 DRH 02391 b 1 5. Any further information the Secretary of State 2 reasonably requires to identify the vehicle and to enable 3 him to determine whether the owner is entitled to a 4 certificate of title and the existence or nonexistence of 5 security interests in the vehicle. 6 (b) If the application refers to a vehicle purchased 7 from a dealer, it must also be signed by the dealer as well 8 as the owner, and the dealer must promptly mail or deliver 9 the application and required documents to the Secretary of 10 State. 11 (c) If the application refers to a vehicle last 12 previously registered in another State or country, the 13 application must contain or be accompanied by: 14 1. Any certified document of ownership so 15 recognized and issued by the other State or country and 16 acceptable to the Secretary of State, and 17 2. Any other information and documents the 18 Secretary of State reasonably requires to establish the 19 ownership of the vehicle and the existence or 20 nonexistence of security interests in it. 21 (d) If the application refers to a new vehicle it must 22 be accompanied by the Manufacturer's Statement of Origin, or 23 other documents as required and acceptable by the Secretary 24 of State, with such assignments as may be necessary to show 25 title in the applicant. 26 (e) If an application refers to a vehicle rebuilt from a 27 vehicle previously salvaged, that application shall comply 28 with the provisions set forth in Sections 3-302 through 3-304 29 of this Code. 30 (f) An application for a certificate of title for any 31 vehicle, whether purchased in Illinois or outside Illinois, 32 and even if previously registered in another State, must be 33 accompanied by either an exemption determination from the 34 Department of Revenue showing that no tax imposed pursuant to HB0093 Engrossed -3- LRB093 02383 DRH 02391 b 1 the Use Tax Act or the vehicle use tax imposed by Section 2 3-1001 of the Illinois Vehicle Code is owed by anyone with 3 respect to that vehicle, or a receipt from the Department of 4 Revenue showing that any tax so imposed has been paid. An 5 application for a certificate of title for any vehicle 6 purchased outside Illinois, even if previously registered in 7 another state, must be accompanied by either an exemption 8 determination from the Department of Revenue showing that no 9 tax imposed pursuant to the Municipal Use Tax Act or the 10 County Use Tax Act is owed by anyone with respect to that 11 vehicle, or a receipt from the Department of Revenue showing 12 that any tax so imposed has been paid. In the absence of 13 such a receipt for payment or determination of exemption from 14 the Department, no certificate of title shall be issued to 15 the applicant. 16 If the proof of payment of the tax or of nonliability 17 therefor is, after the issuance of the certificate of title 18 and display certificate of title, found to be invalid, the 19 Secretary of State shall revoke the certificate and require 20 that the certificate of title and, when applicable, the 21 display certificate of title be returned to him. 22 (g) If the application refers to a vehicle not 23 manufactured in accordance with federal safety and emission 24 standards, the application must be accompanied by all 25 documents required by federal governmental agencies to meet 26 their standards before a vehicle is allowed to be issued 27 title and registration. 28 (h) If the application refers to a vehicle sold at 29 public sale by a sheriff, it must be accompanied by the 30 required fee and a bill of sale issued and signed by a 31 sheriff. The bill of sale must identify the new owner's name 32 and address, the year model, make and vehicle identification 33 number of the vehicle, court order document number 34 authorizing such sale, if applicable, and the name and HB0093 Engrossed -4- LRB093 02383 DRH 02391 b 1 address of any lienholders in order of priority, if 2 applicable. 3 (i) If the application refers to a vehicle for which a 4 court of law determined the ownership, it must be accompanied 5 with a certified copy of such court order and the required 6 fee. The court order must indicate the new owner's name and 7 address, the complete description of the vehicle, if known, 8 the name and address of the lienholder, if any, and must be 9 signed and dated by the judge issuing such order. 10 (j) If the application refers to a vehicle sold at 11 public auction pursuant to the Labor and Storage Lien (Small 12 Amount) Act, it must be accompanied by an affidavit or 13 affirmation furnished by the Secretary of State along with 14 the documents described in the affidavit or affirmation and 15 the required fee. 16 (Source: P.A. 90-212, eff. 1-1-98; 90-422, eff. 8-15-97; 17 90-655, eff. 7-30-98.)