|
| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1254 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED: | | 20 ILCS 862/36.7 | | 20 ILCS 862/25.5 rep. | | 20 ILCS 862/26 rep. | | 20 ILCS 862/28 rep. | | 20 ILCS 862/32 rep. | | 20 ILCS 862/34 rep. | | 20 ILCS 862/36 rep. | | 55 ILCS 5/5-1192 new | | 60 ILCS 1/85-70 new | | 65 ILCS 5/Art. 11 Div. 40 heading | | 65 ILCS 5/11-40-3.2 new | | 625 ILCS 5/2-119 | from Ch. 95 1/2, par. 2-119 | 625 ILCS 5/3-101 | from Ch. 95 1/2, par. 3-101 | 625 ILCS 5/3-808.1 | from Ch. 95 1/2, par. 3-808.1 | 625 ILCS 5/3-821 | from Ch. 95 1/2, par. 3-821 | 625 ILCS 5/11-1427.2 | | 625 ILCS 5/11-1427.3 | | 625 ILCS 5/11-1427.1 rep. | |
| Amends the Recreational Trails of Illinois Act. Repeals provisions relating to the off-highway vehicle trails public access sticker and the Off-Highway Vehicle Usage Stamp. Amends the Counties Code, Township Code, and Illinois Municipal Code. Provides that, except as provided by specified provisions of the Illinois Vehicle Code, a county, township, and municipality may enact any regulation as it relates to the operation of an all-terrain vehicle, off-highway motorcycle, and recreational off-highway vehicle within its jurisdiction. Amends the Illinois Vehicle Code. Removes registration fees for and some regulations of all-terrain vehicles, off-highway motorcycles, and recreational off-highway vehicles. |
| |
| | A BILL FOR |
|
|
| | SB1254 | | LRB104 05706 RTM 15736 b |
|
|
| 1 | | AN ACT concerning government. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Section 5. The Recreational Trails of Illinois Act is |
| 5 | | amended by changing Section 36.7 as follows: |
| 6 | | (20 ILCS 862/36.7) |
| 7 | | Sec. 36.7. Large non-highway vehicles. A large non-highway |
| 8 | | vehicle may not be granted an off-highway vehicle trails |
| 9 | | public access sticker under Section 25.5 or be operated on |
| 10 | | lands or waters in public off-highway vehicle parks paid for, |
| 11 | | operated, or supported by the grant program established under |
| 12 | | subsection (d) of Section 15 under that Section. |
| 13 | | (Source: P.A. 102-312, eff. 1-1-22.) |
| 14 | | (20 ILCS 862/25.5 rep.) |
| 15 | | (20 ILCS 862/26 rep.) |
| 16 | | (20 ILCS 862/28 rep.) |
| 17 | | (20 ILCS 862/32 rep.) |
| 18 | | (20 ILCS 862/34 rep.) |
| 19 | | (20 ILCS 862/36 rep.) |
| 20 | | Section 10. The Recreational Trails of Illinois Act is |
| 21 | | amended by repealing Sections 25.5, 26, 28, 32, 34, and 36. |
|
| | SB1254 | - 2 - | LRB104 05706 RTM 15736 b |
|
|
| 1 | | Section 15. The Counties Code is amended by adding Section |
| 2 | | 5-1192 as follows: |
| 3 | | (55 ILCS 5/5-1192 new) |
| 4 | | Sec. 5-1192. All-terrain vehicle, off-highway motorcycle, |
| 5 | | and recreational off-highway vehicle regulation. |
| 6 | | (a) "All-terrain vehicle", "off-highway motorcycle", and |
| 7 | | "recreational off-highway vehicle" have the meanings given to |
| 8 | | those terms in Sections 1-101.8, 1-153.1, and 1-168.8 of the |
| 9 | | Illinois Vehicle Code. |
| 10 | | (b) Except as provided in Sections 11-1426.1 and 11-1427 |
| 11 | | of the Illinois Vehicle Code, a township may regulate |
| 12 | | all-terrain vehicles, off-highway motorcycles, and |
| 13 | | recreational off-highway vehicles within its jurisdiction, |
| 14 | | except within the jurisdiction of a municipality or township |
| 15 | | that has adopted regulations concerning all-terrain vehicles, |
| 16 | | off-highway motorcycles, or recreational off-highway vehicles. |
| 17 | | Section 20. The Township Code is amended by adding Section |
| 18 | | 85-70 as follows: |
| 19 | | (60 ILCS 1/85-70 new) |
| 20 | | Sec. 85-70. All-terrain vehicle, off-highway motorcycle, |
| 21 | | and recreational off-highway vehicle regulation. |
| 22 | | (a) "All-terrain vehicle", "off-highway motorcycle", and |
| 23 | | "recreational off-highway vehicle" have the meanings given to |
|
| | SB1254 | - 3 - | LRB104 05706 RTM 15736 b |
|
|
| 1 | | those terms in Sections 1-101.8, 1-153.1, and 1-168.8 of the |
| 2 | | Illinois Vehicle Code. |
| 3 | | (b) Except as provided in Sections 11-1426.1 and 11-1427 |
| 4 | | of the Illinois Vehicle Code, a township may regulate |
| 5 | | all-terrain vehicles, off-highway motorcycles, and |
| 6 | | recreational off-highway vehicles within its jurisdiction, |
| 7 | | except within the jurisdiction of a municipality that has |
| 8 | | adopted regulations concerning all-terrain vehicles, |
| 9 | | off-highway motorcycles, or recreational off-highway vehicles. |
| 10 | | Section 25. The Illinois Municipal Code is amended by |
| 11 | | changing the heading of Division 40 of Article 11 and by adding |
| 12 | | Section 11-40-3.2 as follows: |
| 13 | | (65 ILCS 5/Art. 11 Div. 40 heading) |
| 14 | | DIVISION 40. REGULATION SPEED, SAFETY AND |
| 15 | | DISPOSITION OF VEHICLES |
| 16 | | (65 ILCS 5/11-40-3.2 new) |
| 17 | | Sec. 11-40-3.2. All-terrain vehicle, off-highway |
| 18 | | motorcycle, and recreational off-highway vehicle regulation. |
| 19 | | (a) "All-terrain vehicle", "off-highway motorcycle", and |
| 20 | | "recreational off-highway vehicle" have the meanings given to |
| 21 | | those terms in Sections 1-101.8, 1-153.1, and 1-168.8 of the |
| 22 | | Illinois Vehicle Code. |
| 23 | | (b) Except as provided in Sections 11-1426.1 and 11-1427 |
|
| | SB1254 | - 4 - | LRB104 05706 RTM 15736 b |
|
|
| 1 | | of the Illinois Vehicle Code, a municipality may regulate |
| 2 | | all-terrain vehicles, off-highway motorcycles, and |
| 3 | | recreational off-highway vehicles within its jurisdiction. |
| 4 | | Section 30. The Illinois Vehicle Code is amended by |
| 5 | | changing Sections 2-119, 3-101, 3-808.1, 3-821, 11-1427.2, and |
| 6 | | 11-1427.3 as follows: |
| 7 | | (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119) |
| 8 | | Sec. 2-119. Disposition of fees and taxes. |
| 9 | | (a) All moneys received from Salvage Certificates shall be |
| 10 | | deposited in the Common School Fund in the State treasury. |
| 11 | | (b) Of the money collected for each certificate of title, |
| 12 | | duplicate certificate of title, and corrected certificate of |
| 13 | | title: |
| 14 | | (1) $2.60 shall be deposited in the Park and |
| 15 | | Conservation Fund; |
| 16 | | (2) $0.65 shall be deposited in the Illinois Fisheries |
| 17 | | Management Fund; |
| 18 | | (3) $48 shall be disbursed under subsection (g) of |
| 19 | | this Section; |
| 20 | | (4) $4 shall be deposited into the Motor Vehicle |
| 21 | | License Plate Fund; |
| 22 | | (5) $30 shall be deposited into the Capital Projects |
| 23 | | Fund; and |
| 24 | | (6) $10 shall be deposited into the Secretary of State |
|
| | SB1254 | - 5 - | LRB104 05706 RTM 15736 b |
|
|
| 1 | | Special Services Fund. |
| 2 | | All remaining moneys collected for certificates of title, |
| 3 | | and all moneys collected for filing of security interests, |
| 4 | | shall be deposited in the General Revenue Fund. |
| 5 | | The $20 collected for each delinquent vehicle registration |
| 6 | | renewal fee shall be deposited into the General Revenue Fund. |
| 7 | | The moneys deposited in the Park and Conservation Fund |
| 8 | | under this Section shall be used for the acquisition and |
| 9 | | development of bike paths as provided for in Section 805-420 |
| 10 | | of the Department of Natural Resources (Conservation) Law of |
| 11 | | the Civil Administrative Code of Illinois. The moneys |
| 12 | | deposited into the Park and Conservation Fund under this |
| 13 | | subsection shall not be subject to administrative charges or |
| 14 | | chargebacks, unless otherwise authorized by this Code. |
| 15 | | If the balance in the Motor Vehicle License Plate Fund |
| 16 | | exceeds $40,000,000 on the last day of a calendar month, then |
| 17 | | during the next calendar month, the $4 that otherwise would be |
| 18 | | deposited in that fund shall instead be deposited into the |
| 19 | | Road Fund. |
| 20 | | (c) All moneys collected for that portion of a driver's |
| 21 | | license fee designated for driver education under Section |
| 22 | | 6-118 shall be placed in the Drivers Education Fund in the |
| 23 | | State treasury. |
| 24 | | (d) Of the moneys collected as a registration fee for each |
| 25 | | motorcycle, motor driven cycle, and moped, 27% shall be |
| 26 | | deposited in the Cycle Rider Safety Training Fund. |
|
| | SB1254 | - 6 - | LRB104 05706 RTM 15736 b |
|
|
| 1 | | (e) (Blank). |
| 2 | | (f) Of the total money collected for a commercial |
| 3 | | learner's permit (CLP) or original or renewal issuance of a |
| 4 | | commercial driver's license (CDL) pursuant to the Uniform |
| 5 | | Commercial Driver's License Act (UCDLA): (i) $6 of the total |
| 6 | | fee for an original or renewal CDL, and $6 of the total CLP fee |
| 7 | | when such permit is issued to any person holding a valid |
| 8 | | Illinois driver's license, shall be paid into the |
| 9 | | CDLIS/AAMVAnet/NMVTIS Trust Fund (Commercial Driver's License |
| 10 | | Information System/American Association of Motor Vehicle |
| 11 | | Administrators network/National Motor Vehicle Title |
| 12 | | Information Service Trust Fund) and shall be used for the |
| 13 | | purposes provided in Section 6z-23 of the State Finance Act |
| 14 | | and (ii) $20 of the total fee for an original or renewal CDL or |
| 15 | | CLP shall be paid into the Motor Carrier Safety Inspection |
| 16 | | Fund, which is hereby created as a special fund in the State |
| 17 | | treasury, to be used by the Illinois State Police, subject to |
| 18 | | appropriation, to hire additional officers to conduct motor |
| 19 | | carrier safety inspections pursuant to Chapter 18b of this |
| 20 | | Code. |
| 21 | | (g) Of the moneys received by the Secretary of State as |
| 22 | | registration fees or taxes, certificates of title, duplicate |
| 23 | | certificates of title, corrected certificates of title, or as |
| 24 | | payment of any other fee under this Code, when those moneys are |
| 25 | | not otherwise distributed by this Code, 37% shall be deposited |
| 26 | | into the State Construction Account Fund, and 63% shall be |
|
| | SB1254 | - 7 - | LRB104 05706 RTM 15736 b |
|
|
| 1 | | deposited in the Road Fund. Moneys in the Road Fund shall be |
| 2 | | used for the purposes provided in Section 8.3 of the State |
| 3 | | Finance Act. |
| 4 | | (h) (Blank). |
| 5 | | (i) (Blank). |
| 6 | | (j) (Blank). |
| 7 | | (k) There is created in the State treasury a special fund |
| 8 | | to be known as the Secretary of State Special License Plate |
| 9 | | Fund. Money deposited into the Fund shall, subject to |
| 10 | | appropriation, be used by the Office of the Secretary of State |
| 11 | | (i) to help defray plate manufacturing and plate processing |
| 12 | | costs for the issuance and, when applicable, renewal of any |
| 13 | | new or existing registration plates authorized under this Code |
| 14 | | and (ii) for grants made by the Secretary of State to benefit |
| 15 | | Illinois Veterans Home libraries. |
| 16 | | (l) The Motor Vehicle Review Board Fund is created as a |
| 17 | | special fund in the State treasury. Moneys deposited into the |
| 18 | | Fund under paragraph (7) of subsection (b) of Section 5-101 |
| 19 | | and Section 5-109 shall, subject to appropriation, be used by |
| 20 | | the Office of the Secretary of State to administer the Motor |
| 21 | | Vehicle Review Board, including, without limitation, payment |
| 22 | | of compensation and all necessary expenses incurred in |
| 23 | | administering the Motor Vehicle Review Board under the Motor |
| 24 | | Vehicle Franchise Act. |
| 25 | | (m) Effective July 1, 1996, there is created in the State |
| 26 | | treasury a special fund to be known as the Family |
|
| | SB1254 | - 8 - | LRB104 05706 RTM 15736 b |
|
|
| 1 | | Responsibility Fund. Moneys deposited into the Fund shall, |
| 2 | | subject to appropriation, be used by the Office of the |
| 3 | | Secretary of State for the purpose of enforcing the Illinois |
| 4 | | Safety and Family Financial Responsibility Law. |
| 5 | | (n) The Illinois Fire Fighters' Memorial Fund is created |
| 6 | | as a special fund in the State treasury. Moneys deposited into |
| 7 | | the Fund shall, subject to appropriation, be used by the |
| 8 | | Office of the State Fire Marshal for construction of the |
| 9 | | Illinois Fire Fighters' Memorial to be located at the State |
| 10 | | Capitol grounds in Springfield, Illinois. Upon the completion |
| 11 | | of the Memorial, moneys in the Fund shall be used in accordance |
| 12 | | with Section 3-634. |
| 13 | | (o) (Blank). Of the money collected for each certificate |
| 14 | | of title for all-terrain vehicles and off-highway motorcycles, |
| 15 | | $17 shall be deposited into the Off-Highway Vehicle Trails |
| 16 | | Fund. |
| 17 | | (p) For audits conducted on or after July 1, 2003 pursuant |
| 18 | | to Section 2-124(d) of this Code, 50% of the money collected as |
| 19 | | audit fees shall be deposited into the General Revenue Fund. |
| 20 | | (q) Beginning July 1, 2023, the additional fees imposed by |
| 21 | | Public Act 103-8 in Sections 2-123, 3-821, and 6-118 shall be |
| 22 | | deposited into the Secretary of State Special Services Fund. |
| 23 | | (Source: P.A. 102-538, eff. 8-20-21; 103-8, eff. 7-1-23; |
| 24 | | 103-605, eff. 7-1-24.) |
| 25 | | (625 ILCS 5/3-101) (from Ch. 95 1/2, par. 3-101) |
|
| | SB1254 | - 9 - | LRB104 05706 RTM 15736 b |
|
|
| 1 | | Sec. 3-101. Certificate of title required. |
| 2 | | (a) Except as provided in Section 3-102, every owner of a |
| 3 | | vehicle which is in this State and for which no Illinois |
| 4 | | certificate of title has been issued by the Secretary of State |
| 5 | | shall make application to the Secretary of State for an |
| 6 | | Illinois certificate of title of the vehicle. Except as |
| 7 | | provided in Section 3-102, every owner of a vehicle, excluding |
| 8 | | vehicles acquired by insurance companies through a settlement |
| 9 | | of an insurance claim or by lienholders taking title through |
| 10 | | repossession, that is in this State for which no Illinois |
| 11 | | certificate of title has been issued by the Secretary of State |
| 12 | | and every owner of a vehicle that is in the State applying for |
| 13 | | a duplicate certificate of title or a corrected certificate of |
| 14 | | title, including a dealer lien release certificate of title, |
| 15 | | must make application to the Secretary of State for an |
| 16 | | Illinois duplicate certificate of title or corrected |
| 17 | | certificate of title. A certificate of title issued to any |
| 18 | | owner of a vehicle, excluding vehicles acquired by insurance |
| 19 | | companies through a settlement of an insurance claim or by |
| 20 | | lienholders taking title through repossession, in this State |
| 21 | | showing an Illinois address for the owner that has been issued |
| 22 | | by an entity other than the Secretary of State must be |
| 23 | | converted to an Illinois title before the owner can transfer |
| 24 | | ownership of the vehicle. |
| 25 | | Under no circumstances shall a dealer required to obtain |
| 26 | | an Illinois certificate of title pursuant to this Code be |
|
| | SB1254 | - 10 - | LRB104 05706 RTM 15736 b |
|
|
| 1 | | allowed to obtain an out-of-state certificate of title for |
| 2 | | purposes of a vehicle held for sale in this State by the |
| 3 | | dealer. Under no circumstances shall a dealer be allowed to |
| 4 | | obtain an out-of-state certificate of title in lieu of an |
| 5 | | Illinois-issued dealer lien release certificate of title when |
| 6 | | a dealer may have need of such title issuance. Nothing in this |
| 7 | | Section shall be construed so as to allow a dealer to acquire |
| 8 | | an out-of-state certificate of title in lieu of acquiring an |
| 9 | | Illinois certificate of title for purposes of a vehicle held |
| 10 | | for sale in this State by the dealer. |
| 11 | | (b) Every owner of a motorcycle or motor driven cycle |
| 12 | | purchased new on and after January 1, 1980 shall make |
| 13 | | application to the Secretary of State for a certificate of |
| 14 | | title. However, if such cycle is not properly manufactured or |
| 15 | | equipped for general highway use pursuant to the provisions of |
| 16 | | this Act, it shall not be eligible for license registration, |
| 17 | | but shall be issued a distinctive certificate of title except |
| 18 | | as provided in Sections 3-102 and 3-110 of this Act. |
| 19 | | (c) The Secretary of State shall not register or renew the |
| 20 | | registration of a vehicle unless a certificate of title has |
| 21 | | been issued by the Secretary of State to the owner or an |
| 22 | | application therefor has been delivered by the owner to the |
| 23 | | Secretary of State. |
| 24 | | (d) (Blank). Every owner of an all-terrain vehicle or |
| 25 | | off-highway motorcycle purchased on or after January 1, 1998 |
| 26 | | shall make application to the Secretary of State for a |
|
| | SB1254 | - 11 - | LRB104 05706 RTM 15736 b |
|
|
| 1 | | certificate of title. |
| 2 | | (e) Every owner of a low-speed vehicle manufactured after |
| 3 | | January 1, 2010 shall make application to the Secretary of |
| 4 | | State for a certificate of title. |
| 5 | | (Source: P.A. 103-891, eff. 8-9-24.) |
| 6 | | (625 ILCS 5/3-808.1) (from Ch. 95 1/2, par. 3-808.1) |
| 7 | | Sec. 3-808.1. Permanent vehicle registration plate. |
| 8 | | (a) Permanent vehicle registration plates shall be issued, |
| 9 | | at no charge, to the following: |
| 10 | | 1. Vehicles, other than medical transport vehicles, |
| 11 | | owned and operated by the State of Illinois or by any State |
| 12 | | agency financed by funds appropriated by the General |
| 13 | | Assembly; |
| 14 | | 2. Special disability plates issued to vehicles owned |
| 15 | | and operated by the State of Illinois or by any State |
| 16 | | agency financed by funds appropriated by the General |
| 17 | | Assembly. |
| 18 | | (b) Permanent vehicle registration plates shall be issued, |
| 19 | | for a one-time fee of $8.00, to the following: |
| 20 | | 1. Vehicles, other than medical transport vehicles, |
| 21 | | operated by or for any county, township or municipal |
| 22 | | corporation. |
| 23 | | 2. Vehicles owned by counties, townships or municipal |
| 24 | | corporations for persons with disabilities. |
| 25 | | 3. Beginning with the 1991 registration year, |
|
| | SB1254 | - 12 - | LRB104 05706 RTM 15736 b |
|
|
| 1 | | county-owned vehicles operated by or for any county |
| 2 | | sheriff and designated deputy sheriffs. These registration |
| 3 | | plates shall contain the specific county code and unit |
| 4 | | number. |
| 5 | | 4. (Blank). All-terrain vehicles owned by counties, |
| 6 | | townships, or municipal corporations and used for law |
| 7 | | enforcement purposes when the Manufacturer's Statement of |
| 8 | | Origin is accompanied with a letter from the original |
| 9 | | manufacturer or a manufacturer's franchised dealer stating |
| 10 | | that this all-terrain vehicle has been converted to a |
| 11 | | street worthy vehicle that meets the equipment |
| 12 | | requirements set forth in Chapter 12 of this Code. |
| 13 | | 5. Beginning with the 2001 registration year, |
| 14 | | municipally owned vehicles operated by or for any police |
| 15 | | department. These registration plates shall contain the |
| 16 | | designation "municipal police" and shall be numbered and |
| 17 | | distributed as prescribed by the Secretary of State. |
| 18 | | 6. Beginning with the 2014 registration year, |
| 19 | | municipally owned, fire district owned, or Mutual Aid Box |
| 20 | | Alarm System (MABAS) owned vehicles operated by or for any |
| 21 | | fire department, fire protection district, or MABAS. These |
| 22 | | registration plates shall display the designation "Fire |
| 23 | | Department" and shall display the specific fire |
| 24 | | department, fire district, fire unit, or MABAS division |
| 25 | | number or letter. |
| 26 | | 7. Beginning with the 2017 registration year, vehicles |
|
| | SB1254 | - 13 - | LRB104 05706 RTM 15736 b |
|
|
| 1 | | that do not require a school bus driver permit under |
| 2 | | Section 6-104 to operate and are not registered under |
| 3 | | Section 3-617 of this Code, and are owned by a public |
| 4 | | school district from grades K-12 or a public community |
| 5 | | college. |
| 6 | | 8. Beginning with the 2017 registration year, vehicles |
| 7 | | of the first division or vehicles of the second division |
| 8 | | weighing not more than 8,000 pounds that are owned by a |
| 9 | | medical facility or hospital of a municipality, county, or |
| 10 | | township. |
| 11 | | 9. Beginning with the 2020 registration year, 2-axle |
| 12 | | motor vehicles that (i) are designed and used as buses in a |
| 13 | | public system for transporting more than 10 passengers; |
| 14 | | (ii) are used as common carriers in the general |
| 15 | | transportation of passengers and not devoted to any |
| 16 | | specialized purpose; (iii) operate entirely within the |
| 17 | | territorial limits of a single municipality or a single |
| 18 | | municipality and contiguous municipalities; and (iv) are |
| 19 | | subject to the regulation of the Illinois Commerce |
| 20 | | Commission. The owner of a vehicle under this paragraph is |
| 21 | | exempt from paying a flat weight tax or a mileage weight |
| 22 | | tax under this Code. |
| 23 | | (b-5) Beginning with the 2016 registration year, permanent |
| 24 | | vehicle registration plates shall be issued for a one-time fee |
| 25 | | of $8.00 to a county, township, or municipal corporation that |
| 26 | | owns or operates vehicles used for the purpose of community |
|
| | SB1254 | - 14 - | LRB104 05706 RTM 15736 b |
|
|
| 1 | | workplace commuting as defined by the Secretary of State by |
| 2 | | administrative rule. The design and color of the plates shall |
| 3 | | be wholly within the discretion of the Secretary. The |
| 4 | | Secretary of State may adopt rules to implement this |
| 5 | | subsection (b-5). |
| 6 | | (c) Beginning with the 2012 registration year, |
| 7 | | county-owned vehicles operated by or for any county sheriff |
| 8 | | and designated deputy sheriffs that have been issued |
| 9 | | registration plates under subsection (b) of this Section shall |
| 10 | | be exempt from any fee for the transfer of registration from |
| 11 | | one vehicle to another vehicle. Each county sheriff shall |
| 12 | | report to the Secretary of State any transfer of registration |
| 13 | | plates from one vehicle to another vehicle operated by or for |
| 14 | | any county sheriff and designated deputy sheriffs. The |
| 15 | | Secretary of State shall adopt rules to implement this |
| 16 | | subsection (c). |
| 17 | | (c-5) Beginning with the 2014 registration year, |
| 18 | | municipally owned, fire district owned, or Mutual Aid Box |
| 19 | | Alarm System (MABAS) owned vehicles operated by or for any |
| 20 | | fire department, fire protection district, or MABAS that have |
| 21 | | been issued registration plates under subsection (b) of this |
| 22 | | Section shall be exempt from any fee for the transfer of |
| 23 | | registration from one vehicle to another vehicle. Each fire |
| 24 | | department, fire protection district, of MABAS shall report to |
| 25 | | the Secretary of State any transfer of registration plates |
| 26 | | from one vehicle to another vehicle operated by or for any fire |
|
| | SB1254 | - 15 - | LRB104 05706 RTM 15736 b |
|
|
| 1 | | department, fire protection district, or MABAS. The Secretary |
| 2 | | of State shall adopt rules to implement this subsection. |
| 3 | | (d) Beginning with the 2013 registration year, municipally |
| 4 | | owned vehicles operated by or for any police department that |
| 5 | | have been issued registration plates under subsection (b) of |
| 6 | | this Section shall be exempt from any fee for the transfer of |
| 7 | | registration from one vehicle to another vehicle. Each |
| 8 | | municipal police department shall report to the Secretary of |
| 9 | | State any transfer of registration plates from one vehicle to |
| 10 | | another vehicle operated by or for any municipal police |
| 11 | | department. The Secretary of State shall adopt rules to |
| 12 | | implement this subsection (d). |
| 13 | | (e) Beginning with the 2016 registration year, any vehicle |
| 14 | | owned or operated by a county, township, or municipal |
| 15 | | corporation that has been issued registration plates under |
| 16 | | this Section is exempt from any fee for the transfer of |
| 17 | | registration from one vehicle to another vehicle. Each county, |
| 18 | | township, or municipal corporation shall report to the |
| 19 | | Secretary of State any transfer of registration plates from |
| 20 | | one vehicle to another vehicle operated by or for any county, |
| 21 | | township, or municipal corporation. |
| 22 | | (f) Beginning with the 2020 registration year, any vehicle |
| 23 | | owned or operated by a public school district from grades |
| 24 | | K-12, a public community college, or a medical facility or |
| 25 | | hospital of a municipality, county, or township that has been |
| 26 | | issued registration plates under this Section is exempt from |
|
| | SB1254 | - 16 - | LRB104 05706 RTM 15736 b |
|
|
| 1 | | any fee for the transfer of registration from one vehicle to |
| 2 | | another vehicle. Each school district, public community |
| 3 | | college, or medical facility or hospital shall report to the |
| 4 | | Secretary any transfer of registration plates from one vehicle |
| 5 | | to another vehicle operated by the school district, public |
| 6 | | community college, or medical facility. |
| 7 | | (g) Beginning with the 2025 registration year, vehicles |
| 8 | | owned or operated by or for a private or public university |
| 9 | | police department or a private or public college police |
| 10 | | department, except for motor driven cycles and all-terrain |
| 11 | | vehicles, may be registered under subsection (b) of this |
| 12 | | Section. These registration plates shall contain the |
| 13 | | designation "university police" or "college police" and shall |
| 14 | | be numbered and distributed as prescribed by the Secretary of |
| 15 | | State. |
| 16 | | (Source: P.A. 103-135, eff. 1-1-24.) |
| 17 | | (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821) |
| 18 | | Sec. 3-821. Miscellaneous registration and title fees. |
| 19 | | (a) Except as provided under subsection (h), the fee to be |
| 20 | | paid to the Secretary of State for the following certificates, |
| 21 | | registrations or evidences of proper registration, or for |
| 22 | | corrected or duplicate documents shall be in accordance with |
| 23 | | the following schedule: |
|
| 24 | | Certificate of Title, except for a an all-terrain | | |
| 25 | | vehicle, off-highway motorcycle, or motor home, mini | | |
|
|
| | SB1254 | - 18 - | LRB104 05706 RTM 15736 b |
|
|
| 1 | | A special corrected certificate of title shall be issued |
| 2 | | (i) to remove a co-owner's name due to the death of the |
| 3 | | co-owner, to transfer title to a spouse if the decedent-spouse |
| 4 | | was the sole owner on the title, or due to a divorce; (ii) to |
| 5 | | change a co-owner's name due to a marriage; or (iii) due to a |
| 6 | | name change under Article XXI of the Code of Civil Procedure. |
| 7 | | There shall be no fee paid for a Junking Certificate. |
| 8 | | There shall be no fee paid for a certificate of title |
| 9 | | issued to a county when the vehicle is forfeited to the county |
| 10 | | under Article 36 of the Criminal Code of 2012. |
| 11 | | For purposes of this Section, the fee for a corrected |
| 12 | | title application that also results in the issuance of a |
| 13 | | duplicate title shall be the same as the fee for a duplicate |
| 14 | | title. |
| 15 | | (a-5) The Secretary of State may revoke a certificate of |
| 16 | | title and registration card and issue a corrected certificate |
| 17 | | of title and registration card, at no fee to the vehicle owner |
| 18 | | or lienholder, if there is proof that the vehicle |
| 19 | | identification number is erroneously shown on the original |
| 20 | | certificate of title. |
| 21 | | (a-10) The Secretary of State may issue, in connection |
| 22 | | with the sale of a motor vehicle, a corrected title to a motor |
| 23 | | vehicle dealer upon application and submittal of a lien |
| 24 | | release letter from the lienholder listed in the files of the |
| 25 | | Secretary. In the case of a title issued by another state, the |
| 26 | | dealer must submit proof from the state that issued the last |
|
| | SB1254 | - 19 - | LRB104 05706 RTM 15736 b |
|
|
| 1 | | title. The corrected title, which shall be known as a dealer |
| 2 | | lien release certificate of title, shall be issued in the name |
| 3 | | of the vehicle owner without the named lienholder. If the |
| 4 | | motor vehicle is currently titled in a state other than |
| 5 | | Illinois, the applicant must submit either (i) a letter from |
| 6 | | the current lienholder releasing the lien and stating that the |
| 7 | | lienholder has possession of the title; or (ii) a letter from |
| 8 | | the current lienholder releasing the lien and a copy of the |
| 9 | | records of the department of motor vehicles for the state in |
| 10 | | which the vehicle is titled, showing that the vehicle is |
| 11 | | titled in the name of the applicant and that no liens are |
| 12 | | recorded other than the lien for which a release has been |
| 13 | | submitted. The fee for the dealer lien release certificate of |
| 14 | | title is $20. |
| 15 | | (b) The Secretary may prescribe the maximum service charge |
| 16 | | to be imposed upon an applicant for renewal of a registration |
| 17 | | by any person authorized by law to receive and remit or |
| 18 | | transmit to the Secretary such renewal application and fees |
| 19 | | therewith. |
| 20 | | (c) If payment is delivered to the Office of the Secretary |
| 21 | | of State as payment of any fee or tax under this Code, and such |
| 22 | | payment is not honored for any reason, the registrant or other |
| 23 | | person tendering the payment remains liable for the payment of |
| 24 | | such fee or tax. The Secretary of State may assess a service |
| 25 | | charge of $25 in addition to the fee or tax due and owing for |
| 26 | | all dishonored payments. |
|
| | SB1254 | - 20 - | LRB104 05706 RTM 15736 b |
|
|
| 1 | | If the total amount then due and owing exceeds the sum of |
| 2 | | $100 and has not been paid in full within 60 days from the date |
| 3 | | the dishonored payment was first delivered to the Secretary of |
| 4 | | State, the Secretary of State shall assess a penalty of 25% of |
| 5 | | such amount remaining unpaid. |
| 6 | | All amounts payable under this Section shall be computed |
| 7 | | to the nearest dollar. Out of each fee collected for |
| 8 | | dishonored payments, $5 shall be deposited in the Secretary of |
| 9 | | State Special Services Fund. |
| 10 | | (d) The minimum fee and tax to be paid by any applicant for |
| 11 | | apportionment of a fleet of vehicles under this Code shall be |
| 12 | | $15 if the application was filed on or before the date |
| 13 | | specified by the Secretary together with fees and taxes due. |
| 14 | | If an application and the fees or taxes due are filed after the |
| 15 | | date specified by the Secretary, the Secretary may prescribe |
| 16 | | the payment of interest at the rate of 1/2 of 1% per month or |
| 17 | | fraction thereof after such due date and a minimum of $8. |
| 18 | | (e) Trucks, truck tractors, truck tractors with loads, and |
| 19 | | motor buses, any one of which having a combined total weight in |
| 20 | | excess of 12,000 lbs. shall file an application for a Fleet |
| 21 | | Reciprocity Permit issued by the Secretary of State. This |
| 22 | | permit shall be in the possession of any driver operating a |
| 23 | | vehicle on Illinois highways. Any foreign licensed vehicle of |
| 24 | | the second division operating at any time in Illinois without |
| 25 | | a Fleet Reciprocity Permit or other proper Illinois |
| 26 | | registration, shall subject the operator to the penalties |
|
| | SB1254 | - 21 - | LRB104 05706 RTM 15736 b |
|
|
| 1 | | provided in Section 3-834 of this Code. For the purposes of |
| 2 | | this Code, "Fleet Reciprocity Permit" means any second |
| 3 | | division motor vehicle with a foreign license and used only in |
| 4 | | interstate transportation of goods. The fee for such permit |
| 5 | | shall be $15 per fleet which shall include all vehicles of the |
| 6 | | fleet being registered. |
| 7 | | (f) (Blank). For purposes of this Section, "all-terrain |
| 8 | | vehicle or off-highway motorcycle used for production |
| 9 | | agriculture" means any all-terrain vehicle or off-highway |
| 10 | | motorcycle used in the raising of or the propagation of |
| 11 | | livestock, crops for sale for human consumption, crops for |
| 12 | | livestock consumption, and production seed stock grown for the |
| 13 | | propagation of feed grains and the husbandry of animals or for |
| 14 | | the purpose of providing a food product, including the |
| 15 | | husbandry of blood stock as a main source of providing a food |
| 16 | | product. "All-terrain vehicle or off-highway motorcycle used |
| 17 | | in production agriculture" also means any all-terrain vehicle |
| 18 | | or off-highway motorcycle used in animal husbandry, |
| 19 | | floriculture, aquaculture, horticulture, and viticulture. |
| 20 | | (g) All of the proceeds of the additional fees imposed by |
| 21 | | Public Act 96-34 shall be deposited into the Capital Projects |
| 22 | | Fund. |
| 23 | | (h) The fee for a duplicate registration sticker or |
| 24 | | stickers shall be the amount required under subsection (a) or |
| 25 | | the vehicle's annual registration fee amount, whichever is |
| 26 | | less. |
|
| | SB1254 | - 22 - | LRB104 05706 RTM 15736 b |
|
|
| 1 | | (i) All of the proceeds of (1) the additional fees imposed |
| 2 | | by Public Act 101-32, and (2) the $5 additional fee imposed by |
| 3 | | this amendatory Act of the 102nd General Assembly for a |
| 4 | | certificate of title for a motor vehicle other than a an |
| 5 | | all-terrain vehicle, off-highway motorcycle, or motor home, |
| 6 | | mini motor home, or van camper shall be deposited into the Road |
| 7 | | Fund. |
| 8 | | (j) Beginning July 1, 2023, the $10 additional fee imposed |
| 9 | | by this amendatory Act of the 103rd General Assembly for a |
| 10 | | Certificate of Title shall be deposited into the Secretary of |
| 11 | | State Special Services Fund. |
| 12 | | (Source: P.A. 102-353, eff. 1-1-22; 103-8, eff. 7-1-23.) |
| 13 | | (625 ILCS 5/11-1427.2) |
| 14 | | Sec. 11-1427.2. Special all-terrain vehicle or off-highway |
| 15 | | motorcycle event. Nothing contained in Section 11-1427 or |
| 16 | | 11-1427.1 shall be construed to prohibit any local authority |
| 17 | | of this State from designating a special all-terrain vehicle |
| 18 | | or off-highway motorcycle event. In such case the provisions |
| 19 | | of Section Sections 11-1427 and 11-1427.1 shall not apply to |
| 20 | | areas or highways under the jurisdiction of that local |
| 21 | | authority. |
| 22 | | (Source: P.A. 96-279, eff. 1-1-10.) |
| 23 | | (625 ILCS 5/11-1427.3) |
| 24 | | Sec. 11-1427.3. Rules for all-terrain vehicles and |
|
| | SB1254 | - 23 - | LRB104 05706 RTM 15736 b |
|
|
| 1 | | off-highway motorcycles. The Department of Natural Resources |
| 2 | | may adopt rules to implement and administer the provisions of |
| 3 | | Sections 11-1427, 11-1427.1, and 11-1427.2. |
| 4 | | (Source: P.A. 96-279, eff. 1-1-10.) |
| 5 | | (625 ILCS 5/11-1427.1 rep.) |
| 6 | | Section 35. The Illinois Vehicle Code is amended by |
| 7 | | repealing Section 11-1427.1. |