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| Public Act 100-0145 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 3-104, 3-405, and 7-604 as follows:
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(625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
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Sec. 3-104. Application for certificate of title.
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(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:
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1. The name, Illinois residence, and mail address, and, | ||||
if available, email address of the owner;
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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;
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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;
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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
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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.
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(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.
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(c) If the application refers to a vehicle last previously
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registered in another State or country, the application must | ||
contain or
be accompanied by:
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1. Any certified document of ownership so recognized | ||
and issued by
the other State or country and acceptable to | ||
the Secretary of State, and
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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.
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(d) If the application refers to a new vehicle it must be
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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.
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(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.
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(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.
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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.
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(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.
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(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.
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(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.
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(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.
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(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.)
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(625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
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Sec. 3-405. Application for registration.
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(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:
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1. The name, domicile address, as defined in Section | ||
1-115.5 of this Code, (except as otherwise provided in this
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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
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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
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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
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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
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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.
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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.
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3. (Blank).
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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.
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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
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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.
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(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.
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(Source: P.A. 97-847, eff. 1-1-13; 98-539, eff. 1-1-14; 98-787, | ||
eff. 7-25-14.)
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(625 ILCS 5/7-604) (from Ch. 95 1/2, par. 7-604)
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Sec. 7-604. Verification of liability insurance policy.
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(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.
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In addition to such general random samples of motor vehicle
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registrations, the Secretary may select for
verification other | ||
random samples, including, but not limited to
registrations of | ||
motor vehicles owned by persons:
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(1) whose motor vehicle registrations during the | ||
preceding 4 years have
been suspended pursuant to Section | ||
7-606 or 7-607 of this Code;
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(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;
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(3) whose driving privileges have been suspended | ||
during the preceding 4
years;
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(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
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(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.
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(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.
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(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
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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.
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(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.
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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.
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(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
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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.
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(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.
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(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.)
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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.
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