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Illinois General Assembly - Full Text of HB5132

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Full Text of HB5132

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HB5132 - 104th General Assembly

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House Amendment 001

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House Amendment 001

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HB5132 Engrossed
LRB104 17939 LNS 31376 b
1

AN ACT concerning transportation.

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
5
changing Section 3-107 as follows:

6

(625 ILCS 5/3-107)

(from Ch. 95 1/2, par. 3-107)
7

Sec. 3-107.
Contents and effect.
8

(a) Each certificate of title issued by the Secretary of
9
State shall contain:
10

1. the date issued;
11

2. the name and address of the owner;
12

3. the names, addresses, and fax numbers or electronic
13

addresses of any lienholders, in the order of priority as
14

shown on the application or, if the application is based
15

on a certificate of title, as shown on the certificate;
16

4. the title number assigned to the vehicle;
17

5. a description of the vehicle including, so far as
18

the following data exists: its make, year-model,
19

identifying number, type of body, whether new or used, as
20

to house trailers as defined in Section 1-128 of this
21

Code, and as to manufactured homes as defined in Section
22

1-144.03 of this Code, the square footage of the vehicle
23

based upon the outside dimensions excluding the length of

HB5132 Engrossed
- 2 -
LRB104 17939 LNS 31376 b
1

the tongue and hitch, and, if a new vehicle, the date of
2

the first sale of the vehicle for use;
3

6. an odometer certification as provided for in this
4

Code; and
5

7. any other data the Secretary of State prescribes.
6

(a-3) The description of a vehicle under paragraph 5 of
7
subsection (a) in a certificate of title for a specially
8
constructed vehicle containing a motor shall state how the
9
vehicle was constructed, including the origin, make, model,
10
year, and identification numbers of the major component parts
11
used to construct the specially constructed vehicle.
12

As used in this subsection:
13

"Major component part" includes the chassis, frame, cab,
14
shell, kit, engine block, engine casing, transmission, and
15
unitized body supporting structure.
16

"Specially constructed vehicle" means a vehicle of a type
17
required to be registered that has been materially altered
18
from its original construction and body style by the removal,
19
addition, or substitution of major component parts from 2 or
20
more vehicles or motorcycles of a different make, model, or
21
year.

22

(a-5) In the event the applicant seeks to have the vehicle
23
titled as a custom vehicle or street rod, that fact must be
24
stated in the application. The custom vehicle or street rod
25
must be inspected as required by Section 3-406 of this Code
26
prior to issuance of the title. Upon successful completion of

HB5132 Engrossed
- 3 -
LRB104 17939 LNS 31376 b
1
the inspection, the vehicle may be titled in the following
2
manner. The make of the vehicle shall be listed as the make of
3
the actual vehicle or the make it is designed to resemble
4
(e.g., Ford or Chevrolet); the model of the vehicle shall be
5
listed as custom vehicle or street rod; and the year of the
6
vehicle shall be listed as the year the actual vehicle was
7
manufactured or the year it is designed to resemble. A vehicle
8
previously titled as other than a custom vehicle or street rod
9
may be issued a corrected title reflecting the custom vehicle
10
or street rod model if it otherwise meets the requirements for
11
the designation.
12

(a-10) In the event the applicant seeks to have the
13
vehicle titled as a glider kit, that fact must be stated in the
14
application. The glider kit must be inspected under Section
15
3-406 of this Code prior to issuance of the title. Upon
16
successful completion of the inspection, the vehicle shall be
17
titled in the following manner: (1) the make of the vehicle
18
shall be listed as the make of the chassis or the make it is
19
designed to resemble; (2) the model of the vehicle shall be
20
listed as glider kit; and (3) the year of the vehicle shall be
21
listed as the year presented on the manufacturer's certificate
22
of origin for the chassis, unless no year is presented, then it
23
shall be listed as the year the application was received. The
24
vehicle identification number of the chassis shall be assigned
25
to the engine, transmission, and rear axle if the engine,
26
transmission, and rear axle were not previously assigned a

HB5132 Engrossed
- 4 -
LRB104 17939 LNS 31376 b
1
vehicle identification number after an inspection under
2
Section 3-406.
3

(b) The certificate of title shall contain forms for
4
assignment and warranty of title by the owner, and for
5
assignment and warranty of title by a dealer, and may contain
6
forms for applications for a certificate of title by a
7
transferee, the naming of a lienholder and the assignment or
8
release of the security interest of a lienholder.
9

(b-5) The Secretary of State shall designate on a
10
certificate of title a space where the owner of a vehicle may
11
designate a beneficiary, to whom ownership of the vehicle
12
shall pass in the event of the owner's death.
13

(c) A certificate of title issued by the Secretary of
14
State is prima facie evidence of the facts appearing on it.
15

(d) A certificate of title for a vehicle is not subject to
16
garnishment, attachment, execution or other judicial process,
17
but this subsection does not prevent a lawful levy upon the
18
vehicle.
19

(e) Any certificate of title issued by the Secretary of
20
State is subject to a lien in favor of the State of Illinois
21
for any fees or taxes required to be paid under this Act and as
22
have not been paid, as provided for in this Code.
23

(f) Notwithstanding any other provision of law, a
24
certificate of title issued by the Secretary of State to a
25
manufactured home is prima facie evidence of the facts
26
appearing on it, notwithstanding the fact that such

HB5132 Engrossed
- 5 -
LRB104 17939 LNS 31376 b
1
manufactured home, at any time, shall have become affixed in
2
any manner to real property.
3
(Source: P.A. 99-748, eff. 8-5-16; 100-450, eff. 1-1-18
.)

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