94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0039


 
Introduced 12/15/2004, by Rep. Timothy L. Schmitz
 
SYNOPSIS AS INTRODUCED:
 		













625 ILCS 5/3-104
  from Ch. 95 1/2, par. 3-104







    Amends the Illinois Vehicle Code.  Provides that an application for a
certificate of title must include the vehicle's color at the time of acquisition.
















LRB094 03635 DRH 33640 b

















 


 


A BILL FOR









 











HB0039

LRB094 03635 DRH 33640 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 changing

5
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 the 
12
    owner;


13
        2. A description of the vehicle including, so far as 
14
    the following
data exists: Its make, year-model, color at 
15
    the time of acquisition,
identifying number, type of body,

16
    whether new or used, as to house trailers as
defined in 
17
    Section 1-128 of this Code, the square footage of the house

18
    trailer based upon the outside dimensions of the house 
19
    trailer excluding
the length of the tongue and hitch, and, 
20
    as to vehicles of the
second division, whether for-hire, 
21
    not-for-hire, or both 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 
24
    the vehicle was acquired and the names and
addresses of any 
25
    lienholders in the order of their priority and signatures 
26
    of
owners;


27
        4. The current odometer reading at the time of transfer 
28
    and that the
stated odometer reading is one of the 
29
    following: actual mileage, not
the actual mileage or 
30
    mileage is in excess of its mechanical limits; and


31
        5. Any further information the Secretary of State 
32
    reasonably
requires to identify the vehicle and to enable 
 


 






HB0039
- 2 -
LRB094 03635 DRH 33640 b




1
    him to determine whether
the owner is entitled to a 
2
    certificate of title and the existence or
nonexistence of 
3
    security interests in the vehicle.


4
    (b) If the application refers to a vehicle purchased from a 
5
dealer,
it must also be signed by the dealer as well as the 
6
owner, and the dealer must
promptly mail or deliver the 
7
application and required documents to the
Secretary of State.


8
    (c) If the application refers to a vehicle last previously

9
registered in another State or country, the application must 
10
contain or
be accompanied by:


11
        1. Any certified document of ownership so recognized 
12
    and issued by
the other State or country and acceptable to 
13
    the Secretary of State, and


14
        2. Any other information and documents the Secretary of 
15
    State
reasonably requires to establish the ownership of the 
16
    vehicle and the
existence or nonexistence of security 
17
    interests in it.


18
    (d) If the application refers to a new vehicle it must be

19
accompanied by the Manufacturer's Statement of Origin, or other 
20
documents
as required and acceptable by the Secretary of State, 
21
with such
assignments as may be necessary to show title in the 
22
applicant.


23
    (e) If an application refers to a vehicle rebuilt from a 
24
vehicle
previously salvaged, that application shall comply 
25
with the provisions
set forth in Sections 3-302 through 3-304 
26
of this Code.


27
    (f) An application for a certificate of title for any 
28
vehicle,
whether purchased in Illinois or outside Illinois, and 
29
even if
previously registered in another State, must be 
30
accompanied by either an
exemption determination from the 
31
Department of Revenue showing that no
tax imposed pursuant to 
32
the Use Tax Act or the vehicle use tax imposed by
Section 
33
3-1001 of the Illinois Vehicle Code is owed by anyone with 
34
respect to
that vehicle, or a receipt from the Department of 
35
Revenue showing that any tax
so imposed has been paid.  An 
36
application for a certificate of title for any
vehicle 
 


 






HB0039
- 3 -
LRB094 03635 DRH 33640 b




1
purchased outside Illinois, even if previously registered in 
2
another
state, must be accompanied by either an exemption 
3
determination from the
Department of Revenue showing that no 
4
tax imposed pursuant to the Municipal Use
Tax Act or the County 
5
Use Tax Act is owed by anyone with respect to that
vehicle, or 
6
a receipt from the Department of Revenue showing that any tax 
7
so
imposed has been paid.  In the absence of such a receipt for 
8
payment or
determination of exemption from the Department, no 
9
certificate of title shall
be issued to the applicant.


10
    If the proof of payment of the tax or of nonliability 
11
therefor is,
after the issuance of the certificate of title and 
12
display certificate
of title, found to be invalid, the 
13
Secretary of State shall revoke the
certificate and require 
14
that the certificate of title and, when
applicable, the display 
15
certificate of title be returned to him.


16
    (g) If the application refers to a vehicle not manufactured 
17
in
accordance with federal safety and emission standards, the 
18
application must
be accompanied by all documents required by 
19
federal governmental
agencies to meet their standards before a 
20
vehicle is allowed to be issued
title and registration.


21
    (h) If the application refers to a vehicle sold at public 
22
sale by a
sheriff, it must be accompanied by the required fee 
23
and a bill of sale
issued and signed by a sheriff.  The bill of 
24
sale must identify the new
owner's name and address, the year 
25
model, make and vehicle identification
number of the vehicle, 
26
court order document number authorizing such sale,
if 
27
applicable, and the name and address of any lienholders in 
28
order of
priority, if applicable.


29
    (i) If the application refers to a vehicle for which a 
30
court of law
determined the ownership, it must be accompanied 
31
with a certified copy of
such court order and the required fee.  
32
The court order must indicate the
new owner's name and address, 
33
the complete description of the vehicle, if
known, the name and 
34
address of the lienholder, if any, and must be signed
and dated 
35
by the judge issuing such order.


36
    (j) If the application refers to a vehicle sold at public 
 


 






HB0039
- 4 -
LRB094 03635 DRH 33640 b




1
auction pursuant
to the Labor and Storage Lien (Small Amount) 
2
Act, it must be
accompanied by an affidavit or affirmation 
3
furnished by the Secretary of
State along with the
documents 
4
described in the affidavit or affirmation and the required fee.


5
(Source: P.A. 90-212, eff. 1-1-98; 90-422, eff. 8-15-97; 
6
90-655, eff.
7-30-98.)