Bill Text: IL SB0898 | 2023-2024 | 103rd General Assembly | Chaptered
Bill Title: Amends the Illinois Vehicle Code. Requires every owner of a vehicle that is in the State for which no Illinois certificate of title has been issued by the Secretary of State and every owner of a vehicle that is in the State applying for a duplicate certificate of title or a corrected certificate of title to make application to the Secretary of State for an Illinois duplicate certificate of title or corrected certificate of title. Provides that any owner of a vehicle in the State with a certificate of title that was issued by an entity other than the Secretary of State and showing an Illinois address for the owner must be converted to an Illinois title before the owner can transfer the vehicle. Provides that under no circumstances shall a dealer required to obtain an Illinois certificate of title be allowed to obtain an out-of-state certificate of title for purposes of a vehicle held for sale in the State by the dealer. Provides that under no circumstances shall a dealer be allowed to obtain an out-of-state certificate of title in lieu of an Illinois-issued dealer lien release certificate of title when a dealer may have need of such title issuance. Prohibits a certificate of title or a duplicate certificate of title issued by another State showing an Illinois address for the owner from being used to transfer ownership of a vehicle. Requires the owner of a vehicle with a certificate of title or duplicate certificate of title issued by another state showing an Illinois address to first convert the certificate of title to an Illinois certificate of title before transferring ownership of the vehicle. Makes other changes. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0891 [SB0898 Detail]
Download: Illinois-2023-SB0898-Chaptered.html
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Public Act 103-0891 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by | ||||
changing Sections 3-101, 3-111, and 3-111.1 as follows:
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(625 ILCS 5/3-101) (from Ch. 95 1/2, par. 3-101) | ||||
Sec. 3-101. Certificate of title required. | ||||
(a) Except as provided in Section 3-102, every owner of a | ||||
vehicle which is in this State and for which no Illinois | ||||
certificate of title has been issued by the Secretary of State | ||||
shall make application to the Secretary of State for an | ||||
Illinois a certificate of title of the vehicle. Except as | ||||
provided in Section 3-102, every owner of a vehicle, excluding | ||||
vehicles acquired by insurance companies through a settlement | ||||
of an insurance claim or by lienholders taking title through | ||||
repossession, that is in this State for which no Illinois | ||||
certificate of title has been issued by the Secretary of State | ||||
and every owner of a vehicle that is in the State applying for | ||||
a duplicate certificate of title or a corrected certificate of | ||||
title, including a dealer lien release certificate of title, | ||||
must make application to the Secretary of State for an | ||||
Illinois duplicate certificate of title or corrected | ||||
certificate of title. A certificate of title issued to any |
owner of a vehicle, excluding vehicles acquired by insurance | ||
companies through a settlement of an insurance claim or by | ||
lienholders taking title through repossession, in this State | ||
showing an Illinois address for the owner that has been issued | ||
by an entity other than the Secretary of State must be | ||
converted to an Illinois title before the owner can transfer | ||
ownership of the vehicle. | ||
Under no circumstances shall a dealer required to obtain | ||
an Illinois certificate of title pursuant to this Code be | ||
allowed to obtain an out-of-state certificate of title for | ||
purposes of a vehicle held for sale in this State by the | ||
dealer. Under no circumstances shall a dealer be allowed to | ||
obtain an out-of-state certificate of title in lieu of an | ||
Illinois-issued dealer lien release certificate of title when | ||
a dealer may have need of such title issuance. Nothing in this | ||
Section shall be construed so as to allow a dealer to acquire | ||
an out-of-state certificate of title in lieu of acquiring an | ||
Illinois certificate of title for purposes of a vehicle held | ||
for sale in this State by the dealer. | ||
(b) Every owner of a motorcycle or motor driven cycle | ||
purchased new on and after January 1, 1980 shall make | ||
application to the Secretary of State for a certificate of | ||
title. However, if such cycle is not properly manufactured or | ||
equipped for general highway use pursuant to the provisions of | ||
this Act, it shall not be eligible for license registration, | ||
but shall be issued a distinctive certificate of title except |
as provided in Sections 3-102 and 3-110 of this Act. | ||
(c) The Secretary of State shall not register or renew the | ||
registration of a vehicle unless a certificate of title has | ||
been issued by the Secretary of State to the owner or an | ||
application therefor has been delivered by the owner to the | ||
Secretary of State. | ||
(d) Every owner of an all-terrain vehicle or off-highway | ||
motorcycle purchased on or after January 1, 1998 shall make | ||
application to the Secretary of State for a certificate of | ||
title. | ||
(e) Every owner of a low-speed vehicle manufactured after | ||
January 1, 2010 shall make application to the Secretary of | ||
State for a certificate of title. | ||
(Source: P.A. 96-653, eff. 1-1-10; 97-983, eff. 8-17-12.)
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(625 ILCS 5/3-111) (from Ch. 95 1/2, par. 3-111) | ||
Sec. 3-111. Lost, stolen or mutilated certificates. (a) If | ||
a certificate of title is lost, stolen, mutilated or destroyed | ||
or becomes illegible, the first lienholder or, if none, the | ||
owner or legal representative of the owner named in the | ||
certificate, as shown by the records of the Secretary of | ||
State, shall promptly make application to the Secretary of | ||
State for and may obtain a duplicate upon furnishing | ||
information satisfactory to the Secretary of State. The | ||
duplicate certificate of title shall contain the legend "This | ||
is a duplicate certificate and may be subject to the rights of |
a person under the original certificate." It shall be mailed | ||
to the first lienholder named in it or, if none, to the owner | ||
or the owner's designee. A certificate of title or a duplicate | ||
certificate of title issued by another State showing an | ||
Illinois address for the owner cannot be used to transfer | ||
ownership of a vehicle, except if the transfer is to or from an | ||
insurance company or a lienholder of the vehicle through | ||
repossession. | ||
(b) The Secretary of State shall not issue a duplicate | ||
certificate of title to any person within 15 days after the | ||
issuance of an original certificate of title to such person. | ||
(c) A person recovering an original certificate of title | ||
for which a duplicate has been issued shall promptly surrender | ||
the original certificate to the Secretary of State. | ||
(d) An application for a duplicate certificate of title | ||
must state the current vehicle odometer reading at the time of | ||
application 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. | ||
(e) If a Display certificate of title is lost, stolen, | ||
mutilated or destroyed or becomes illegible, the owner or | ||
legal representative of the owner named in the original | ||
Display certificate of title and in the certificate of title, | ||
as shown by the records of the Secretary of State, shall | ||
promptly make application for and may obtain a duplicate upon | ||
furnishing information satisfactory to the Secretary of State. |
The duplicate Display certificate of title shall contain the | ||
legend "Duplicate Display Certificate of Title." It shall be | ||
mailed to the owner or legal representative of the owner named | ||
in the original Display certificate of title and in the | ||
certificate of title. Such duplicate Display certificate of | ||
title shall be attached and displayed in the same manner and in | ||
the same place as the original Display certificate of title | ||
would have been attached and displayed had it not been lost, | ||
stolen, mutilated or destroyed or had it not become illegible. | ||
(Source: P.A. 86-444.)
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(625 ILCS 5/3-111.1) (from Ch. 95 1/2, par. 3-111.1) | ||
Sec. 3-111.1. Corrected certificates. An application for a | ||
corrected certificate of title must state the current vehicle | ||
odometer reading at the time of application 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. The corrected certificate issued under this | ||
Section shall contain the notation "corrected". A certificate | ||
of title or a corrected certificate of title issued by another | ||
State showing an Illinois address for the owner cannot be used | ||
to transfer ownership of a vehicle, except if the transfer is | ||
to or from an insurance company or a lienholder of the vehicle | ||
through repossession. The owner of a vehicle with a | ||
certificate of title or duplicate certificate of title issued | ||
by another state showing an Illinois address cannot transfer |
ownership of the vehicle without first converting the | ||
certificate of title to an Illinois certificate of title, | ||
except if the transfer is to or from an insurance company or a | ||
lienholder of the vehicle through repossession. | ||
(Source: P.A. 90-212, eff. 1-1-98.)
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