Bill Text: IL HB2750 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning licenses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2009-08-14 - Public Act . . . . . . . . . 96-0519 [HB2750 Detail]

Download: Illinois-2009-HB2750-Enrolled.html

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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
Section 3-104 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 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,
the square footage of the house trailer based upon the
outside dimensions of the house trailer 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

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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

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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.
(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

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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

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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) 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 investigator,
as described in Section 2-115 of this Code, 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.
(Source: P.A. 95-784, eff. 1-1-09.)