Illinois General Assembly - Full Text of HB3045
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Full Text of HB3045  100th General Assembly

HB3045 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3045

 

Introduced , by Rep. David Harris

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-104  from Ch. 95 1/2, par. 3-104
625 ILCS 5/3-405  from Ch. 95 1/2, par. 3-405
625 ILCS 5/6-106  from Ch. 95 1/2, par. 6-106
625 ILCS 5/7-604  from Ch. 95 1/2, par. 7-604

    Amends the Illinois Vehicle Code. Provides that an application for a certificate of title, vehicle registration, and license or instruction permit shall include, if available, a person's email address. Provides that in preparation for selection of random samples for verification of a liability insurance policy, the Secretary of State may send to owners of randomly selected motor vehicles requests for information about their motor vehicles and liability insurance coverage electronically or, if electronic means are unavailable, via U.S. mail.


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A BILL FOR

 

HB3045LRB100 10970 AXK 21207 b

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
5Sections 3-104, 3-405, 6-106, and 7-604 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, and,
12    if available, email address of the 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    and as to manufactured homes as defined in Section 1-144.03
18    of this Code, the square footage based upon the outside
19    dimensions excluding the length of the tongue and hitch,
20    and, as to vehicles of the second division, whether
21    for-hire, 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

 

 

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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 employee
11prior to the issuance of the title, and (iii) upon approval of
12the Secretary of State, the trailer must have a vehicle
13identification number, as provided by the Secretary of State,
14stamped or riveted to the frame.
15    (m) The holder of a Manufacturer's Statement of Origin to a
16manufactured home may deliver it to any person to facilitate
17conveying or encumbering the manufactured home. Any person
18receiving any such Manufacturer's Statement of Origin so
19delivered holds it in trust for the person delivering it.
20    (n) Within 45 days after the completion of the first retail
21sale of a manufactured home, the Manufacturer's Statement of
22Origin to that manufactured home must be surrendered to the
23Secretary of State either in conjunction with an application
24for a certificate of title for that manufactured home or in
25accordance with Section 3-116.1.
26    (o) Each application for certificate of title for a motor

 

 

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1vehicle shall be verified by the National Motor Vehicle Title
2Information System (NMVTIS) for a vehicle history report prior
3to the Secretary issuing a certificate of title.
4(Source: P.A. 98-749, eff. 7-16-14; 99-414, eff. 8-20-15.)
 
5    (625 ILCS 5/3-405)  (from Ch. 95 1/2, par. 3-405)
6    Sec. 3-405. Application for registration.
7    (a) Every owner of a vehicle subject to registration under
8this Code shall make application to the Secretary of State for
9the registration of such vehicle upon the appropriate form or
10forms furnished by the Secretary. Every such application shall
11bear the signature of the owner written with pen and ink and
12contain:
13        1. The name, domicile address, as defined in Section
14    1-115.5 of this Code, (except as otherwise provided in this
15    paragraph 1), and mail address of the owner or business
16    address of the owner if a firm, association, or
17    corporation, and, if available, email address of the owner.
18    If the mailing address is a post office box number, the
19    address listed on the driver license record may be used to
20    verify residence. A police officer, a deputy sheriff, an
21    elected sheriff, a law enforcement officer for the
22    Department of State Police, a fire investigator, a state's
23    attorney, an assistant state's attorney, a state's
24    attorney special investigator, or a judicial officer may
25    elect to furnish the address of the headquarters of the

 

 

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1    governmental entity, police district, or business address
2    where he or she works instead of his or her domicile
3    address, in which case that address shall be deemed to be
4    his or her domicile address for all purposes under this
5    Chapter 3. The spouse and children of a person who may
6    elect under this paragraph 1 to furnish the address of the
7    headquarters of the government entity, police district, or
8    business address where the person works instead of the
9    person's domicile address may, if they reside with that
10    person, also elect to furnish the address of the
11    headquarters of the government entity, police district, or
12    business address where the person works as their domicile
13    address, in which case that address shall be deemed to be
14    their domicile address for all purposes under this Chapter
15    3. In this paragraph 1: (A) "police officer" has the
16    meaning ascribed to "policeman" in Section 10-3-1 of the
17    Illinois Municipal Code; (B) "deputy sheriff" means a
18    deputy sheriff appointed under Section 3-6008 of the
19    Counties Code; (C) "elected sheriff" means a sheriff
20    commissioned pursuant to Section 3-6001 of the Counties
21    Code; (D) "fire investigator" means a person classified as
22    a peace officer under the Peace Officer Fire Investigation
23    Act; (E) "state's attorney", "assistant state's attorney",
24    and "state's attorney special investigator" mean a state's
25    attorney, assistant state's attorney, and state's attorney
26    special investigator commissioned or appointed under

 

 

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1    Division 3-9 of the Counties Code; and (F) "judicial
2    officer" has the meaning ascribed to it in Section 1-10 of
3    the Judicial Privacy Act.
4        2. A description of the vehicle, including such
5    information as is required in an application for a
6    certificate of title, determined under such standard
7    rating as may be prescribed by the Secretary.
8        3. (Blank).
9        4. Such further information as may reasonably be
10    required by the Secretary to enable him to determine
11    whether the vehicle is lawfully entitled to registration
12    and the owner entitled to a certificate of title.
13        5. An affirmation by the applicant that all information
14    set forth is true and correct. If the application is for
15    the registration of a motor vehicle, the applicant also
16    shall affirm that the motor vehicle is insured as required
17    by this Code, that such insurance will be maintained
18    throughout the period for which the motor vehicle shall be
19    registered, and that neither the owner, nor any person
20    operating the motor vehicle with the owner's permission,
21    shall operate the motor vehicle unless the required
22    insurance is in effect. If the person signing the
23    affirmation is not the sole owner of the vehicle, such
24    person shall be deemed to have affirmed on behalf of all
25    the owners of the vehicle. If the person signing the
26    affirmation is not an owner of the vehicle, such person

 

 

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1    shall be deemed to have affirmed on behalf of the owner or
2    owners of the vehicle. The lack of signature on the
3    application shall not in any manner exempt the owner or
4    owners from any provisions, requirements or penalties of
5    this Code.
6    (b) When such application refers to a new vehicle purchased
7from a dealer the application shall be accompanied by a
8Manufacturer's Statement of Origin from the dealer, and a
9statement showing any lien retained by the dealer.
10(Source: P.A. 97-847, eff. 1-1-13; 98-539, eff. 1-1-14; 98-787,
11eff. 7-25-14.)
 
12    (625 ILCS 5/6-106)  (from Ch. 95 1/2, par. 6-106)
13    Sec. 6-106. Application for license or instruction permit.
14    (a) Every application for any permit or license authorized
15to be issued under this Code shall be made upon a form
16furnished by the Secretary of State. Every application shall be
17accompanied by the proper fee and payment of such fee shall
18entitle the applicant to not more than 3 attempts to pass the
19examination within a period of one year after the date of
20application.
21    (b) Every application shall state the legal name, social
22security number, zip code, date of birth, sex, and residence
23address, and, if available, email address of the applicant;
24briefly describe the applicant; state whether the applicant has
25theretofore been licensed as a driver, and, if so, when and by

 

 

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1what state or country, and whether any such license has ever
2been cancelled, suspended, revoked or refused, and, if so, the
3date and reason for such cancellation, suspension, revocation
4or refusal; shall include an affirmation by the applicant that
5all information set forth is true and correct; and shall bear
6the applicant's signature. In addition to the residence
7address, the Secretary may allow the applicant to provide a
8mailing address. In the case of an applicant who is a judicial
9officer or peace officer, the Secretary may allow the applicant
10to provide an office or work address in lieu of a residence or
11mailing address. The application form may also require the
12statement of such additional relevant information as the
13Secretary of State shall deem necessary to determine the
14applicant's competency and eligibility. The Secretary of State
15may, in his discretion, by rule or regulation, provide that an
16application for a drivers license or permit may include a
17suitable photograph of the applicant in the form prescribed by
18the Secretary, and he may further provide that each drivers
19license shall include a photograph of the driver. The Secretary
20of State may utilize a photograph process or system most
21suitable to deter alteration or improper reproduction of a
22drivers license and to prevent substitution of another photo
23thereon. For the purposes of this subsection (b), "peace
24officer" means any person who by virtue of his or her office or
25public employment is vested by law with a duty to maintain
26public order or to make arrests for a violation of any penal

 

 

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1statute of this State, whether that duty extends to all
2violations or is limited to specific violations.
3    (b-5) Beginning July 1, 2017, every applicant for a
4driver's license or permit shall provide proof of lawful status
5in the United States as defined in 6 CFR 37.3, as amended.
6Applicants who are unable to provide the Secretary with proof
7of lawful status may apply for a driver's license or permit
8under Section 6-105.1 of this Code.
9    (c) The application form shall include a notice to the
10applicant of the registration obligations of sex offenders
11under the Sex Offender Registration Act. The notice shall be
12provided in a form and manner prescribed by the Secretary of
13State. For purposes of this subsection (c), "sex offender" has
14the meaning ascribed to it in Section 2 of the Sex Offender
15Registration Act.
16    (d) Any male United States citizen or immigrant who applies
17for any permit or license authorized to be issued under this
18Code or for a renewal of any permit or license, and who is at
19least 18 years of age but less than 26 years of age, must be
20registered in compliance with the requirements of the federal
21Military Selective Service Act. The Secretary of State must
22forward in an electronic format the necessary personal
23information regarding the applicants identified in this
24subsection (d) to the Selective Service System. The applicant's
25signature on the application serves as an indication that the
26applicant either has already registered with the Selective

 

 

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1Service System or that he is authorizing the Secretary to
2forward to the Selective Service System the necessary
3information for registration. The Secretary must notify the
4applicant at the time of application that his signature
5constitutes consent to registration with the Selective Service
6System, if he is not already registered.
7    (e) Beginning on or before July 1, 2015, for each original
8or renewal driver's license application under this Code, the
9Secretary shall inquire as to whether the applicant is a
10veteran for purposes of issuing a driver's license with a
11veteran designation under subsection (e-5) of Section 6-110 of
12this Code. The acceptable forms of proof shall include, but are
13not limited to, Department of Defense form DD-214. The Illinois
14Department of Veterans' Affairs shall advise the Secretary as
15to what other forms of proof of a person's status as a veteran
16are acceptable.
17    The Illinois Department of Veterans' Affairs shall confirm
18the status of the applicant as an honorably discharged veteran
19before the Secretary may issue the driver's license.
20    For purposes of this subsection (e):
21    "Armed forces" means any of the Armed Forces of the United
22States, including a member of any reserve component or National
23Guard unit.
24    "Veteran" means a person who has served in the armed forces
25and was discharged or separated under honorable conditions.
26(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;

 

 

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198-756, eff. 7-16-14; 99-511, eff. 1-1-17; 99-544, eff.
27-15-16; revised 9-13-16.)
 
3    (625 ILCS 5/7-604)  (from Ch. 95 1/2, par. 7-604)
4    Sec. 7-604. Verification of liability insurance policy.
5    (a) The Secretary of State may select random samples of
6registrations of motor vehicles subject to Section 7-601 of
7this Code, or owners thereof, for the purpose of verifying
8whether or not the motor vehicles are insured.
9    In addition to such general random samples of motor vehicle
10registrations, the Secretary may select for verification other
11random samples, including, but not limited to registrations of
12motor vehicles owned by persons:
13        (1) whose motor vehicle registrations during the
14    preceding 4 years have been suspended pursuant to Section
15    7-606 or 7-607 of this Code;
16        (2) who during the preceding 4 years have been
17    convicted of violating Section 3-707, 3-708 or 3-710 of
18    this Code while operating vehicles owned by other persons;
19        (3) whose driving privileges have been suspended
20    during the preceding 4 years;
21        (4) who during the preceding 4 years acquired ownership
22    of motor vehicles while the registrations of such vehicles
23    under the previous owners were suspended pursuant to
24    Section 7-606 or 7-607 of this Code; or
25        (5) who during the preceding 4 years have received a

 

 

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1    disposition of supervision under subsection (c) of Section
2    5-6-1 of the Unified Code of Corrections for a violation of
3    Section 3-707, 3-708, or 3-710 of this Code.
4    (b) Upon receiving certification from the Department of
5Transportation under Section 7-201.2 of this Code of the name
6of an owner or operator of any motor vehicle involved in an
7accident, the Secretary may verify whether or not at the time
8of the accident such motor vehicle was covered by a liability
9insurance policy in accordance with Section 7-601 of this Code.
10    (c) In preparation for selection of random samples and
11their verification, the Secretary may send to owners of
12randomly selected motor vehicles, or to randomly selected motor
13vehicle owners, requests for information about their motor
14vehicles and liability insurance coverage electronically or,
15if electronic means are unavailable, via U.S. mail. The request
16shall require the owner to state whether or not the motor
17vehicle was insured on the verification date stated in the
18Secretary's request and the request may require, but is not
19limited to, a statement by the owner of the names and addresses
20of insurers, policy numbers, and expiration dates of insurance
21coverage.
22    (d) Within 30 days after the Secretary sends mails a
23request under subsection (c) of this Section, the owner to whom
24it is sent shall furnish the requested information to the
25Secretary above the owner's signed affirmation that such
26information is true and correct. Proof of insurance in effect

 

 

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1on the verification date, as prescribed by the Secretary, may
2be considered by the Secretary to be a satisfactory response to
3the request for information.
4    Any owner whose response indicates that his or her vehicle
5was not covered by a liability insurance policy in accordance
6with Section 7-601 of this Code shall be deemed to have
7registered or maintained registration of a motor vehicle in
8violation of that Section. Any owner who fails to respond to
9such a request shall be deemed to have registered or maintained
10registration of a motor vehicle in violation of Section 7-601
11of this Code.
12    (e) If the owner responds to the request for information by
13asserting that his or her vehicle was covered by a liability
14insurance policy on the verification date stated in the
15Secretary's request, the Secretary may conduct a verification
16of the response by furnishing necessary information to the
17insurer named in the response. The insurer shall within 45 days
18inform the Secretary whether or not on the verification date
19stated the motor vehicle was insured by the insurer in
20accordance with Section 7-601 of this Code. The Secretary may
21by rule and regulation prescribe the procedures for
22verification.
23    (f) No random sample selected under this Section shall be
24categorized on the basis of race, color, religion, sex,
25national origin, ancestry, age, marital status, physical or
26mental disability, economic status or geography.

 

 

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1    (g) (Blank).
2(Source: P.A. 98-787, eff. 7-25-14; 99-333, eff. 12-30-15 (see
3Section 15 of P.A. 99-483 for the effective date of changes
4made by P.A. 99-333); 99-737, eff. 8-5-16.)
 
5    Section 95. No acceleration or delay. Where this Act makes
6changes in a statute that is represented in this Act by text
7that is not yet or no longer in effect (for example, a Section
8represented by multiple versions), the use of that text does
9not accelerate or delay the taking effect of (i) the changes
10made by this Act or (ii) provisions derived from any other
11Public Act.