Full Text of HB5056 100th General Assembly
HB5056enr 100TH GENERAL ASSEMBLY |
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| 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 changing | 5 | | Sections 3-117.1, 3-405.1, 3-414, 3-600, 3-803, 3-804.01, | 6 | | 3-808.1, 3-815, 3-821, 4-107, 5-101, 5-102, 5-401.3, and 13-101 | 7 | | and by adding Section 1-177.5 as follows: | 8 | | (625 ILCS 5/1-177.5 new) | 9 | | Sec. 1-177.5. Road machine. A machine or implement designed | 10 | | and used primarily for building, repair, or construction and | 11 | | involves only temporary operation on roadways for purposes | 12 | | other than transportation.
| 13 | | (625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)
| 14 | | Sec. 3-117.1. When junking certificates or salvage | 15 | | certificates must
be obtained. | 16 | | (a) Except as provided in Chapter 4 and Section 3-117.3 of | 17 | | this Code, a person who possesses a
junk vehicle shall within | 18 | | 15 days cause the certificate of title, salvage
certificate, | 19 | | certificate of purchase, or a similarly acceptable out of state
| 20 | | document of ownership to be surrendered to the Secretary of | 21 | | State along with an
application for a junking certificate, | 22 | | except as provided in Section 3-117.2,
whereupon the Secretary |
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| 1 | | of State shall issue to such a person a junking
certificate, | 2 | | which shall authorize the holder thereof to possess, transport,
| 3 | | or, by an endorsement, transfer ownership in such junked | 4 | | vehicle, and a
certificate of title shall not again be issued | 5 | | for such vehicle. The owner of a junk vehicle is not required | 6 | | to surrender the certificate of title under this subsection if | 7 | | (i) there is no lienholder on the certificate of title or (ii) | 8 | | the owner of the junk vehicle has a valid lien release from the | 9 | | lienholder releasing all interest in the vehicle and the owner | 10 | | applying for the junk certificate matches the current record on | 11 | | the certificate of title file for the vehicle.
| 12 | | A licensee who possesses a junk vehicle and a Certificate | 13 | | of Title,
Salvage Certificate, Certificate of Purchase, or a | 14 | | similarly acceptable
out-of-state document of ownership for | 15 | | such junk vehicle, may transport the
junk vehicle to another | 16 | | licensee prior to applying for or obtaining a
junking | 17 | | certificate, by executing a uniform invoice. The licensee
| 18 | | transferor shall furnish a copy of the uniform invoice to the | 19 | | licensee
transferee at the time of transfer. In any case, the | 20 | | licensee transferor
shall apply for a junking certificate in | 21 | | conformance with Section 3-117.1
of this Chapter. The following | 22 | | information shall be contained on a uniform
invoice:
| 23 | | (1) The business name, address and dealer license | 24 | | number of the person
disposing of the vehicle, junk vehicle | 25 | | or vehicle cowl;
| 26 | | (2) The name and address of the person acquiring the |
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| 1 | | vehicle, junk
vehicle or vehicle cowl, and if that person | 2 | | is a dealer, the Illinois or
out-of-state dealer license | 3 | | number of that dealer;
| 4 | | (3) The date of the disposition of the vehicle, junk | 5 | | vehicle or vehicle
cowl;
| 6 | | (4) The year, make, model, color and description of | 7 | | each vehicle, junk
vehicle or vehicle cowl disposed of by | 8 | | such person;
| 9 | | (5) The manufacturer's vehicle identification number, | 10 | | Secretary of State
identification number or Illinois | 11 | | Department of State Police number,
for each vehicle, junk | 12 | | vehicle or vehicle cowl part disposed of by such person;
| 13 | | (6) The printed name and legible signature of the | 14 | | person or agent
disposing of the vehicle, junk vehicle or | 15 | | vehicle cowl; and
| 16 | | (7) The printed name and legible signature of the | 17 | | person accepting
delivery of the vehicle, junk vehicle or | 18 | | vehicle cowl.
| 19 | | The Secretary of State may certify a junking manifest in a | 20 | | form prescribed by
the Secretary of State that reflects those | 21 | | vehicles for which junking
certificates have been applied or | 22 | | issued. A junking manifest
may be issued to any person and it | 23 | | shall constitute evidence of ownership
for the vehicle listed | 24 | | upon it. A junking manifest may be transferred only
to a person | 25 | | licensed under Section 5-301 of this Code as a scrap processor.
| 26 | | A junking manifest will allow the transportation of those
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| 1 | | vehicles to a scrap processor prior to receiving the junk | 2 | | certificate from
the Secretary of State.
| 3 | | (b) An application for a salvage certificate shall be | 4 | | submitted to the
Secretary of State in any of the following | 5 | | situations:
| 6 | | (1) When an insurance company makes a payment of | 7 | | damages on a total loss
claim for a vehicle, the insurance | 8 | | company shall be deemed to be the owner of
such vehicle and | 9 | | the vehicle shall be considered to be salvage except that
| 10 | | ownership of (i) a vehicle that has incurred only hail | 11 | | damage that does
not
affect the operational safety of the | 12 | | vehicle or (ii) any vehicle
9 model years of age or older | 13 | | may, by agreement between
the registered owner and the | 14 | | insurance company, be retained by the registered
owner of | 15 | | such vehicle. The insurance company shall promptly deliver | 16 | | or mail
within 20 days the certificate of title along with | 17 | | proper application and fee
to the Secretary of State, and a | 18 | | salvage certificate shall be issued in the
name of the | 19 | | insurance company. Notwithstanding the foregoing, an | 20 | | insurer making payment of damages on a total loss claim for | 21 | | the theft of a vehicle shall not be required to apply for a | 22 | | salvage certificate unless the vehicle is recovered and has | 23 | | incurred damage that initially would have caused the | 24 | | vehicle to be declared a total loss by the insurer. | 25 | | (1.1) When a vehicle of a self-insured company is to be | 26 | | sold in the State of Illinois and has sustained damaged by |
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| 1 | | collision, fire, theft, rust corrosion, or other means so | 2 | | that the self-insured company determines the vehicle to be | 3 | | a total loss, or if the cost of repairing the damage, | 4 | | including labor, would be greater than 70% of its fair | 5 | | market value without that damage, the vehicle shall be | 6 | | considered salvage. The self-insured company shall | 7 | | promptly deliver the certificate of title along with proper | 8 | | application and fee to the Secretary of State, and a | 9 | | salvage certificate shall be issued in the name of the | 10 | | self-insured company. A self-insured company making | 11 | | payment of damages on a total loss claim for the theft of a | 12 | | vehicle may exchange the salvage certificate for a | 13 | | certificate of title if the vehicle is recovered without | 14 | | damage. In such a situation, the self-insured shall fill | 15 | | out and sign a form prescribed by the Secretary of State | 16 | | which contains an affirmation under penalty of perjury that | 17 | | the vehicle was recovered without damage and the Secretary | 18 | | of State may, by rule, require photographs to be submitted.
| 19 | | (2) When a vehicle the ownership of which has been | 20 | | transferred to any
person through a certificate of purchase | 21 | | from acquisition of the vehicle at an
auction, other | 22 | | dispositions as set forth in Sections 4-208 and 4-209
of | 23 | | this Code, a lien arising under Section 18a-501 of this | 24 | | Code,
or a public sale under the Abandoned Mobile Home Act | 25 | | shall be deemed
salvage or junk at the option of the | 26 | | purchaser. The person acquiring such
vehicle in such manner |
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| 1 | | shall promptly deliver or mail, within 20 days after the
| 2 | | acquisition of the vehicle, the certificate of purchase, | 3 | | the
proper application and fee, and, if the vehicle is an | 4 | | abandoned mobile home
under the Abandoned Mobile Home Act, | 5 | | a certification from a local law
enforcement agency that | 6 | | the vehicle was purchased or acquired at a public sale
| 7 | | under the Abandoned Mobile Home Act to the Secretary of | 8 | | State and a salvage
certificate or junking certificate | 9 | | shall be issued in the name of that person.
The salvage | 10 | | certificate or junking certificate issued by the Secretary | 11 | | of State
under this Section shall be free of any lien that | 12 | | existed against the vehicle
prior to the time the vehicle | 13 | | was acquired by the applicant under this Code.
| 14 | | (3) A vehicle which has been repossessed by a | 15 | | lienholder shall be
considered to be salvage only when the | 16 | | repossessed vehicle, on the date of
repossession by the | 17 | | lienholder, has sustained damage by collision, fire, | 18 | | theft,
rust corrosion, or other means so that the cost of | 19 | | repairing
such damage, including labor, would be greater | 20 | | than 33 1/3% of its fair market
value without such damage. | 21 | | If the lienholder determines that such vehicle is
damaged | 22 | | in excess of 33 1/3% of such fair market value, the | 23 | | lienholder shall,
before sale, transfer or assignment of | 24 | | the vehicle, make application for a
salvage certificate, | 25 | | and shall submit with such application the proper fee
and | 26 | | evidence of possession. If the facts required to be shown |
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| 1 | | in
subsection (f) of Section 3-114 are satisfied, the | 2 | | Secretary of State shall
issue a salvage certificate in the | 3 | | name of the lienholder making the
application. In any case | 4 | | wherein the vehicle repossessed is not damaged in
excess of | 5 | | 33 1/3% of its fair market value, the lienholder
shall | 6 | | comply with the requirements of subsections (f), (f-5), and | 7 | | (f-10) of
Section 3-114, except that the affidavit of | 8 | | repossession made by or on behalf
of the lienholder
shall | 9 | | also contain an affirmation under penalty of perjury that | 10 | | the vehicle
on
the date of sale is not
damaged in
excess of | 11 | | 33 1/3% of its fair market value. If the facts required to | 12 | | be shown
in subsection (f) of Section 3-114 are satisfied, | 13 | | the Secretary of State
shall issue a certificate of title | 14 | | as set forth in Section 3-116 of this Code.
The Secretary | 15 | | of State may by rule or regulation require photographs to | 16 | | be
submitted.
| 17 | | (4) A vehicle which is a part of a fleet of more than 5 | 18 | | commercial
vehicles registered in this State or any other | 19 | | state or registered
proportionately among several states | 20 | | shall be considered to be salvage when
such vehicle has | 21 | | sustained damage by collision, fire, theft, rust,
| 22 | | corrosion or similar means so that the cost of repairing | 23 | | such damage, including
labor, would be greater than 33 1/3% | 24 | | of the fair market value of the vehicle
without such | 25 | | damage. If the owner of a fleet vehicle desires to sell,
| 26 | | transfer, or assign his interest in such vehicle to a |
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| 1 | | person within this State
other than an insurance company | 2 | | licensed to do business within this State, and
the owner | 3 | | determines that such vehicle, at the time of the proposed | 4 | | sale,
transfer or assignment is damaged in excess of 33 | 5 | | 1/3% of its fair market
value, the owner shall, before such | 6 | | sale, transfer or assignment, make
application for a | 7 | | salvage certificate. The application shall contain with it
| 8 | | evidence of possession of the vehicle. If the fleet vehicle | 9 | | at the time of its
sale, transfer, or assignment is not | 10 | | damaged in excess of 33 1/3% of its
fair market value, the | 11 | | owner shall so state in a written affirmation on a
form | 12 | | prescribed by the Secretary of State by rule or regulation. | 13 | | The
Secretary of State may by rule or regulation require | 14 | | photographs to be
submitted. Upon sale, transfer or | 15 | | assignment of the fleet vehicle the
owner shall mail the | 16 | | affirmation to the Secretary of State.
| 17 | | (5) A vehicle that has been submerged in water to the
| 18 | | point that rising water has reached over the door sill and | 19 | | has
entered the
passenger or trunk compartment is a "flood | 20 | | vehicle". A flood vehicle shall
be considered to be salvage | 21 | | only if the vehicle has sustained damage so that
the cost | 22 | | of repairing the damage, including labor, would be greater | 23 | | than 33
1/3% of the fair market value of the vehicle | 24 | | without that damage. The salvage
certificate issued under | 25 | | this
Section shall indicate the word "flood", and the word | 26 | | "flood" shall be
conspicuously entered on subsequent |
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| 1 | | titles for the vehicle. A person who
possesses or acquires | 2 | | a flood vehicle that is not damaged in excess of 33 1/3%
of | 3 | | its fair market value shall make application for title in | 4 | | accordance with
Section 3-116 of this Code, designating the | 5 | | vehicle as "flood" in a manner
prescribed by the Secretary | 6 | | of State. The certificate of title issued shall
indicate | 7 | | the word "flood", and the word "flood" shall be | 8 | | conspicuously entered
on subsequent titles for the | 9 | | vehicle.
| 10 | | (6) When any licensed rebuilder, repairer, new or used | 11 | | vehicle dealer, or remittance agent has submitted an | 12 | | application for title to a vehicle (other than an | 13 | | application for title to a rebuilt vehicle) that he or she | 14 | | knows or reasonably should have known to have sustained | 15 | | damages in excess of 33 1/3% of the vehicle's fair market | 16 | | value without that damage; provided, however, that any | 17 | | application for a salvage certificate for a vehicle | 18 | | recovered from theft and acquired from an insurance company | 19 | | shall be made as required by paragraph (1) of this | 20 | | subsection (b). | 21 | | (c) Any person who without authority acquires, sells, | 22 | | exchanges, gives
away, transfers or destroys or offers to | 23 | | acquire, sell, exchange, give
away, transfer or destroy the | 24 | | certificate of title to any vehicle which is
a junk or salvage | 25 | | vehicle shall be guilty of a Class 3 felony.
| 26 | | (d) Except as provided under subsection (a), any Any person |
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| 1 | | who knowingly fails to surrender to the Secretary of State a
| 2 | | certificate of title, salvage certificate, certificate of | 3 | | purchase or a
similarly acceptable out-of-state document of | 4 | | ownership as required under
the provisions of this Section is | 5 | | guilty of a Class A misdemeanor for a
first offense and a Class | 6 | | 4 felony for a subsequent offense; except that a
person | 7 | | licensed under this Code who violates paragraph (5) of | 8 | | subsection (b)
of this Section is
guilty of a business offense | 9 | | and shall be fined not less than $1,000 nor more
than $5,000 | 10 | | for a first offense and is guilty of a Class 4 felony
for a | 11 | | second or subsequent violation.
| 12 | | (e) Any vehicle which is salvage or junk may not be driven | 13 | | or operated
on roads and highways within this State. A | 14 | | violation of this subsection is
a Class A misdemeanor. A | 15 | | salvage vehicle displaying valid special plates
issued under | 16 | | Section 3-601(b) of this Code, which is being driven to or
from | 17 | | an inspection conducted under Section 3-308 of this Code, is | 18 | | exempt
from the provisions of this subsection. A salvage | 19 | | vehicle for which a
short term permit has been issued under | 20 | | Section 3-307 of this Code is
exempt from the provisions of | 21 | | this subsection for the duration of the permit.
| 22 | | (Source: P.A. 99-932, eff. 6-1-17; 100-104, eff. 11-9-17 .)
| 23 | | (625 ILCS 5/3-405.1) (from Ch. 95 1/2, par. 3-405.1)
| 24 | | Sec. 3-405.1. Application for vanity and personalized | 25 | | license plates.
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| 1 | | (a) Vanity license plates mean any license plates, assigned | 2 | | to a passenger
motor vehicle of the first division, to a motor | 3 | | vehicle of the second
division registered at not more than | 4 | | 8,000 pounds, to a trailer weighing 8,000 pounds or less paying | 5 | | the flat weight tax, to a funeral home vehicle, or to a | 6 | | recreational
vehicle, which display a registration number | 7 | | containing 1 to 7 letters and no
numbers or 1, 2, or 3 numbers | 8 | | and no letters as requested by the owner of the
vehicle and | 9 | | license plates issued to retired members of Congress under | 10 | | Section
3-610.1 or to retired members of the General Assembly | 11 | | as provided in Section
3-606.1. Personalized license plates | 12 | | mean any license plates, assigned to a
passenger motor vehicle | 13 | | of the first division, to a motor vehicle of the second
| 14 | | division registered at not more than 8,000 pounds, to a trailer | 15 | | weighing 8,000 pounds or less paying the flat weight tax, to a | 16 | | funeral home vehicle, or to a recreational
vehicle, which | 17 | | display a registration number containing one of the following
| 18 | | combinations of letters and numbers, as requested by the owner | 19 | | of the vehicle:
| 20 | | Standard Passenger Plates
| 21 | | First Division Vehicles
| 22 | | 1 letter plus 0-99
| 23 | | 2 letters plus 0-99
| 24 | | 3 letters plus 0-99
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| 1 | | 4 letters plus 0-99
| 2 | | 5 letters plus 0-99
| 3 | | 6 letters plus 0-9
| 4 | | Second Division Vehicles
| 5 | | 8,000 pounds or less, Trailers
| 6 | | 8,000
pounds or less paying the flat | 7 | | weight tax, and Recreation Vehicles
| 8 | | 0-999 plus 1 letter
| 9 | | 0-999 plus 2 letters
| 10 | | 0-999 plus 3 letters
| 11 | | 0-99 plus 4 letters
| 12 | | 0-9 plus 5 letters
| 13 | | (b) For any registration period commencing after December | 14 | | 31, 2003, any
person who is the registered owner of a passenger | 15 | | motor vehicle of the first
division, of a motor vehicle of the | 16 | | second division registered at not
more than 8,000 pounds, of a | 17 | | trailer weighing 8,000 pounds or less paying the flat weight | 18 | | tax, of a funeral home vehicle, or of a recreational vehicle | 19 | | registered with the
Secretary of State or who makes application | 20 | | for an original registration of
such a motor vehicle or renewal | 21 | | registration of such a motor vehicle may,
upon payment of a fee | 22 | | prescribed in Section 3-806.1 or Section 3-806.5,
apply to the | 23 | | Secretary of State for vanity or personalized license plates.
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| 1 | | (c) Except as otherwise provided in this Chapter 3, vanity | 2 | | and personalized
license plates as issued under this Section | 3 | | shall be the same color and design
as other passenger vehicle | 4 | | license plates and shall not in any manner conflict
with any | 5 | | other existing passenger, commercial, trailer, motorcycle, or | 6 | | special
license plate series. However, special registration | 7 | | plates issued under
Sections 3-611 and 3-616 for vehicles | 8 | | operated by or for persons with
disabilities may also be vanity | 9 | | or personalized license plates.
| 10 | | (d) Vanity and personalized license plates shall be issued | 11 | | only to the
registered owner of the vehicle on which they are | 12 | | to be displayed, except
as provided in Sections 3-611 and 3-616 | 13 | | for special registration plates
for vehicles operated by or for | 14 | | persons with
disabilities.
| 15 | | (e) An applicant for the issuance of vanity or personalized | 16 | | license
plates or subsequent renewal thereof shall file an | 17 | | application in such form
and manner and by such date as the | 18 | | Secretary of State may, in his discretion,
require.
| 19 | | No vanity nor personalized license plates shall be | 20 | | approved, manufactured, or
distributed that contain any | 21 | | characters, symbols other than the international
accessibility | 22 | | symbol for vehicles operated by or for
persons with | 23 | | disabilities, foreign words, or letters of punctuation.
| 24 | | (f) Vanity and personalized license plates as issued | 25 | | pursuant to this
Act may be subject to the Staggered | 26 | | Registration System as prescribed by
the Secretary of State.
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| 1 | | (g) For purposes of this Section, "funeral home vehicle" | 2 | | means any motor vehicle of the first division or motor vehicle | 3 | | of the second division weighing 8,000 pounds or less that is | 4 | | owned or leased by a funeral home. | 5 | | (Source: P.A. 95-287, eff. 1-1-08.)
| 6 | | (625 ILCS 5/3-414) (from Ch. 95 1/2, par. 3-414)
| 7 | | Sec. 3-414. Expiration of registration.
| 8 | | (a) Every vehicle registration under this Chapter and every | 9 | | registration
card and registration plate or registration | 10 | | sticker issued hereunder to a
vehicle shall be for the periods | 11 | | specified in this Chapter and shall expire
at midnight on the | 12 | | day and date specified in this Section as follows:
| 13 | | 1. When registered on a calendar year basis commencing | 14 | | January 1,
expiration shall be on the 31st day of December | 15 | | or at such other date as
may be selected in the discretion | 16 | | of the Secretary of State; however,
through December 31, | 17 | | 2004, registrations of apportionable vehicles, | 18 | | motorcycles, motor driven cycles
and pedalcycles shall | 19 | | commence on the first day of April and shall expire
March | 20 | | 31st of the following calendar year;
| 21 | | 1.1. Beginning January 1, 2005, registrations of | 22 | | motorcycles and motor driven cycles shall commence on | 23 | | January 1 and shall expire on December 31 or on another | 24 | | date that may be selected by the Secretary; registrations | 25 | | of apportionable vehicles and pedalcycles, however, shall |
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| 1 | | commence on the first day of April and shall expire March | 2 | | 31 of the following calendar year;
| 3 | | 2. When registered on a 2 calendar year basis | 4 | | commencing January 1
of an even-numbered year, expiration | 5 | | shall be on the 31st day of
December of the ensuing | 6 | | odd-numbered year, or at such other later date
as may be | 7 | | selected in the discretion of the Secretary of State not
| 8 | | beyond March 1 next;
| 9 | | 3. When registered on a fiscal year basis commencing | 10 | | July 1,
expiration shall be on the 30th day of June or at | 11 | | such other later date
as may be selected in the discretion | 12 | | of the Secretary of State not
beyond September 1 next;
| 13 | | 4. When registered on a 2 fiscal year basis commencing | 14 | | July 1 of an
even-numbered year, expiration shall be on the | 15 | | 30th day of June of the
ensuing even-numbered year, or at | 16 | | such other later date as may be
selected in the discretion | 17 | | of the Secretary of State not beyond
September 1 next;
| 18 | | 5. When registered on a 4 fiscal year basis commencing | 19 | | July 1 of an
even-numbered year, expiration shall be on the | 20 | | 30th day of June of the
second ensuing even-numbered year, | 21 | | or at such other later date as may be
selected in the | 22 | | discretion of the Secretary of State not beyond
September 1 | 23 | | next.
| 24 | | (a-5) The Secretary may, in his or her discretion, require | 25 | | an owner of a motor vehicle of the first division or a motor | 26 | | vehicle of the second division weighing not more than 8,000 |
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| 1 | | pounds to select the owner's birthday as the date of | 2 | | registration expiration under this Section. If the motor | 3 | | vehicle has more than one registered owner, the owners may | 4 | | select one registered owner's birthday as the date of | 5 | | registration expiration. The Secretary may adopt any rules | 6 | | necessary to implement this subsection. | 7 | | (b) Vehicle registrations of vehicles of the first division | 8 | | shall be
for a calendar year, 2 calendar year, 3 calendar year, | 9 | | or 5 calendar year basis as provided for in this
Chapter.
| 10 | | Vehicle registrations of vehicles under Sections 3-807, | 11 | | 3-808 and
3-809 shall be on an indefinite term basis or a 2 | 12 | | calendar year basis as
provided for in this Chapter.
| 13 | | Vehicle registrations for vehicles of the second division | 14 | | shall be
for a fiscal year, 2 fiscal year or calendar year | 15 | | basis as provided for
in this Chapter.
| 16 | | Motor vehicles registered under the provisions of
Section | 17 | | 3-402.1 shall
be issued multi-year registration plates with a | 18 | | new registration card
issued annually upon payment of the | 19 | | appropriate fees. Motor vehicles registered under the | 20 | | provisions of Section 3-405.3 shall be issued multi-year | 21 | | registration plates with a new multi-year registration card | 22 | | issued pursuant to subsections (j), (k), and (l) of this | 23 | | Section upon payment of the appropriate fees. Apportionable
| 24 | | trailers and apportionable semitrailers registered under the | 25 | | provisions of
Section 3-402.1 shall be issued multi-year | 26 | | registration plates and cards
that will be subject to |
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| 1 | | revocation for failure to pay annual fees required
by Section | 2 | | 3-814.1. The Secretary shall determine when these vehicles
| 3 | | shall be issued new registration plates.
| 4 | | (c) Every vehicle registration specified in Section 3-810 | 5 | | and every
registration card and registration plate or | 6 | | registration sticker issued
thereunder shall expire on the 31st | 7 | | day of December of each year or at
such other date as may be | 8 | | selected in the discretion of the Secretary of
State.
| 9 | | (d) Every vehicle registration for a vehicle of the second | 10 | | division
weighing over 8,000 pounds,
except as provided in | 11 | | subsection paragraph (g) of this Section, and every
| 12 | | registration card and registration plate or registration | 13 | | sticker, where
applicable, issued hereunder to such vehicles | 14 | | shall be issued for a
fiscal year commencing on July 1st of | 15 | | each registration year. However,
the Secretary of State may, | 16 | | pursuant to an agreement or arrangement or
declaration | 17 | | providing for apportionment of a fleet of vehicles with
other | 18 | | jurisdictions, provide for registration of such vehicles under
| 19 | | apportionment or for all of the vehicles registered in Illinois | 20 | | by an
applicant who registers some of his vehicles under | 21 | | apportionment on a
calendar year basis instead, and the fees or | 22 | | taxes to be paid on a
calendar year basis shall be identical to | 23 | | those specified in this Code Act
for a fiscal year | 24 | | registration. Provision for installment payment may
also be | 25 | | made.
| 26 | | (e) Semitrailer registrations under apportionment may be |
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| 1 | | on a
calendar year under a reciprocal agreement or arrangement | 2 | | and all other
semitrailer registrations shall be on fiscal year | 3 | | or 2 fiscal year or 4
fiscal year basis as provided for in this | 4 | | Chapter.
| 5 | | (f) The Secretary of State may convert annual registration | 6 | | plates or
2-year registration plates, whether registered on a | 7 | | calendar year or fiscal
year basis, to multi-year plates. The | 8 | | determination of which plate categories
and when to convert to | 9 | | multi-year plates is solely within the discretion of the
| 10 | | Secretary of State.
| 11 | | (g) After January 1, 1975, each registration, registration | 12 | | card and
registration plate or registration sticker, where | 13 | | applicable, issued for
a recreational vehicle or recreational | 14 | | or camping trailer, except a
house trailer, used exclusively by | 15 | | the owner for recreational purposes,
and not used commercially | 16 | | nor as a truck or bus, nor for hire, shall be
on a calendar year | 17 | | basis; except that the Secretary of State shall
provide for | 18 | | registration and the issuance of registration cards and
plates | 19 | | or registration stickers, where applicable, for one 6-month
| 20 | | period in order to accomplish an orderly transition from a | 21 | | fiscal year
to a calendar year basis. Fees and taxes due under | 22 | | this Code Act for a
registration year shall be appropriately | 23 | | reduced for such 6-month
transitional registration period.
| 24 | | (h) The Secretary of State may, in order to accomplish an | 25 | | orderly
transition for vehicles registered under Section | 26 | | 3-402.1 of this Code from
a calendar year registration to a |
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| 1 | | March 31st expiration, require applicants
to pay fees and taxes | 2 | | due under this Code on a 15 month registration basis.
However, | 3 | | if in the discretion of the Secretary of State this creates an
| 4 | | undue hardship on any applicant the Secretary may allow the | 5 | | applicant to
pay 3 month fees and taxes at the time of | 6 | | registration and the additional
12 month fees and taxes to be | 7 | | payable no later than March 31, 1992.
| 8 | | (i) The Secretary of State may stagger registrations, or | 9 | | change the annual expiration date, as necessary
for the | 10 | | convenience of the public and the efficiency of his Office. In
| 11 | | order to appropriately and effectively accomplish any such | 12 | | staggering, the
Secretary of State is authorized to prorate all | 13 | | required registration fees, rounded to the nearest dollar,
but | 14 | | in no event for a period longer than 18 months, at a monthly | 15 | | rate for
a 12-month 12 month registration fee.
| 16 | | (j) The Secretary of State may enter into an agreement with | 17 | | a rental owner, as defined in Section 3-400 of this Code, who | 18 | | registers a fleet of motor vehicles of the first division | 19 | | pursuant to Section 3-405.3 of this Code to provide for the | 20 | | registration of the rental owner's vehicles on a 2 or 3 | 21 | | calendar year basis and the issuance of multi-year registration | 22 | | plates with a new registration card
issued up to every 3 years. | 23 | | (k) The Secretary of State may provide multi-year | 24 | | registration cards for any registered fleet of motor vehicles | 25 | | of the first or second division that are registered pursuant to | 26 | | Section 3-405.3 of this Code. Each motor vehicle of the |
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| 1 | | registered fleet must carry a an unique multi-year registration | 2 | | card that displays the vehicle identification number of the | 3 | | registered motor vehicle. The Secretary of State shall | 4 | | promulgate rules in order to implement multi-year | 5 | | registrations. | 6 | | (l) Beginning with the 2018 registration year, the | 7 | | Secretary of State may enter into an agreement with a rental | 8 | | owner, as defined in Section 3-400 of this Code, who registers | 9 | | a fleet of motor vehicles of the first division under Section | 10 | | 3-405.3 of this Code to provide for the registration of the | 11 | | rental owner's vehicle on a 5 calendar year basis. Motor | 12 | | vehicles registered on a 5 calendar year basis shall be issued | 13 | | a distinct registration plate that expires on a 5-year cycle. | 14 | | The Secretary may prorate the registration of these | 15 | | registration plates to the length of time remaining in the | 16 | | 5-year cycle. The Secretary may adopt any rules necessary to | 17 | | implement this subsection. | 18 | | (Source: P.A. 99-80, eff. 1-1-16; 99-644, eff. 1-1-17; 100-201, | 19 | | eff. 8-18-17; revised 10-12-17.)
| 20 | | (625 ILCS 5/3-600) (from Ch. 95 1/2, par. 3-600)
| 21 | | Sec. 3-600. Requirements for issuance of special plates.
| 22 | | (a) The Secretary of State shall issue only special plates | 23 | | that have been authorized by the General Assembly. Except as | 24 | | provided in subsection (a-5), the Secretary of State shall not | 25 | | issue a series of special plates, or Universal special plates |
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| 1 | | associated with an organization authorized to issue decals for | 2 | | Universal special plates,
unless applications, as prescribed | 3 | | by the Secretary, have been received for 2,000
plates of that | 4 | | series. Where a special plate is authorized by law to raise | 5 | | funds for a specific civic group, charitable entity, or other | 6 | | identified organization, or when the civic group, charitable | 7 | | entity, or organization is authorized to issue decals for | 8 | | Universal special license plates, and where the Secretary of | 9 | | State has not received the required number of applications to | 10 | | issue that special plate within 2 years of the effective date | 11 | | of the Public Act authorizing the special plate or decal, the | 12 | | Secretary of State's authority to issue the special plate or a | 13 | | Universal special plate associated with that decal is | 14 | | nullified. All applications for special plates shall be on a | 15 | | form designated by the Secretary and shall be accompanied by | 16 | | any civic group's, charitable entity's, or other identified | 17 | | fundraising organization's portion of the additional fee | 18 | | associated with that plate or decal. All fees collected under | 19 | | this Section are non-refundable and shall be deposited in the | 20 | | special fund as designated in the enabling legislation, | 21 | | regardless of whether the plate or decal is produced. Upon the | 22 | | adoption of this amendatory Act of the 99th General Assembly, | 23 | | no further special license plates shall be authorized by the | 24 | | General Assembly unless that special license plate is | 25 | | authorized under subsection (a-5) of this Section.
| 26 | | (a-5) If the General Assembly authorizes the issuance of a |
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| 1 | | special plate that recognizes the applicant's military service | 2 | | or receipt of a military medal or award, the Secretary may | 3 | | immediately begin issuing that special plate. | 4 | | (b) The Secretary of State, upon issuing a new series of | 5 | | special license
plates, shall notify all law enforcement | 6 | | officials of the design, color and
other special features of | 7 | | the special license plate series.
| 8 | | (c) This Section shall not apply to the
Secretary of | 9 | | State's discretion as established in Section 3-611.
| 10 | | (d) If a law authorizing a special license plate provides | 11 | | that the sponsoring organization is to designate a charitable | 12 | | entity as the recipient of the funds from the sale of that | 13 | | license plate, the designated charitable entity must be in | 14 | | compliance with the registration and reporting requirements of | 15 | | the Charitable Trust Act and the Solicitation for Charity Act. | 16 | | In addition, the charitable entity must annually provide the | 17 | | Secretary of State's office a letter of compliance issued by | 18 | | the Illinois Attorney General's office verifying the entity is | 19 | | in compliance with the Acts. | 20 | | In the case of a law in effect before the effective date of | 21 | | this amendatory Act of the 97th General Assembly, the name of | 22 | | the charitable entity which is to receive the funds shall be | 23 | | provided to the Secretary of State within one year after the | 24 | | effective date of this amendatory Act of the 97th General | 25 | | Assembly. In the case of a law that takes effect on or after | 26 | | the effective date of this amendatory Act of the 97th General |
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| 1 | | Assembly, the name of the charitable entity which is to receive | 2 | | the funds shall be provided to the Secretary of State within | 3 | | one year after the law takes effect. If the organization fails | 4 | | to designate an appropriate charitable entity within the | 5 | | one-year period, or if the designated charitable entity fails | 6 | | to annually provide the Secretary of State a letter of | 7 | | compliance issued by the Illinois Attorney General's office, | 8 | | any funds collected from the sale of plates authorized for that | 9 | | organization and not previously disbursed shall be transferred | 10 | | to the General Revenue Fund, and the special plates shall be | 11 | | discontinued. | 12 | | (e) If fewer than 1,000 sets of any special license plate | 13 | | authorized by law and issued by the Secretary of State are | 14 | | actively registered for 2 consecutive calendar years, the | 15 | | Secretary of State may discontinue the issuance of that special | 16 | | license plate or require that special license plate to be | 17 | | exchanged for Universal special plates with appropriate | 18 | | decals. | 19 | | (f) Where special license plates have been discontinued | 20 | | pursuant to subsection (d) or (e) of this Section, or when the | 21 | | special license plates are required to be exchanged for | 22 | | Universal special plates under subsection (e) of this Section, | 23 | | all previously issued plates of that type shall be recalled. | 24 | | Owners of vehicles which were registered with recalled plates | 25 | | shall not be charged a reclassification or registration sticker | 26 | | replacement plate fee upon the issuance of new plates for those |
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| 1 | | vehicles. | 2 | | (g) Any special plate that is authorized to be issued for | 3 | | motorcycles may also be issued for autocycles. | 4 | | (h) The Secretary may use alternating numeric and | 5 | | alphabetical characters when issuing a special registration | 6 | | plate authorized under this Chapter. | 7 | | (Source: P.A. 98-777, eff. 1-1-15; 99-483, eff. 7-1-16 .)
| 8 | | (625 ILCS 5/3-803) (from Ch. 95 1/2, par. 3-803)
| 9 | | Sec. 3-803. Reductions.
| 10 | | (a) Reduction of fees and taxes prescribed
in this Chapter | 11 | | shall be applicable only to vehicles newly-acquired by
the | 12 | | owner after the beginning of a registration period or which | 13 | | become
subject to registration after the beginning of a | 14 | | registration period as
specified in this Act. The Secretary of | 15 | | State may deny a reduction as
to any vehicle operated in this | 16 | | State without being properly and timely
registered in Illinois | 17 | | under this Chapter, of a vehicle in violation of
any provision | 18 | | of this Chapter, or upon detection of such violation by an
| 19 | | audit, or upon determining that such vehicle was operated in | 20 | | Illinois
before such violation. Bond or other security in the | 21 | | proper amount may
be required by the Secretary of State while | 22 | | the matter is under
investigation. Reductions shall be granted | 23 | | if a person becomes the owner
after the dates specified or if a | 24 | | vehicle becomes subject to
registration under this Act, as | 25 | | amended, after the dates specified.
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| 1 | | (b) Vehicles of the First Division. The annual fees and | 2 | | taxes
prescribed by Section 3-806 shall be reduced by 50% on | 3 | | and after June
15, except as provided in Sections 3-414 and | 4 | | 3-802 of this Act.
| 5 | | (c) Vehicles of the Second Division. The annual fees and | 6 | | taxes
prescribed by Sections 3-402, 3-402.1, 3-815 and 3-819 | 7 | | and paid on a calendar
year for such vehicles shall be reduced | 8 | | on a quarterly basis if the vehicle
becomes subject to | 9 | | registration on and after March 31, June
30 or September 30. | 10 | | Where such fees and taxes are payable on a
fiscal year basis, | 11 | | they shall be reduced on a quarterly basis on and after
| 12 | | September 30, December 31 or March 31.
| 13 | | (d) Two-year Registrations. The fees and taxes prescribed | 14 | | by
Section 3-808 for 2-year registrations shall not be reduced | 15 | | in any
event. However, the fees and taxes prescribed for all | 16 | | other 2-year
registrations by this Act, shall be reduced as | 17 | | follows:
| 18 | | By 25% on and after June 15;
| 19 | | By 50% on and after December 15;
| 20 | | By 75% on and after the next ensuing June 15.
| 21 | | (e) The registration fees and taxes imposed upon certain | 22 | | vehicles
shall not be reduced by any amount in any event in the | 23 | | following
instances:
| 24 | | Permits under Sections 3-403 and 3-811;
| 25 | | Municipal Buses under Section 3-807;
| 26 | | Governmental or charitable vehicles under Section 3-808;
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| 1 | | Farm Machinery under Section 3-809;
| 2 | | Soil and conservation equipment under Section 3-809.1;
| 3 | | Special Plates under Section 3-810;
| 4 | | Permanently mounted equipment under Section 3-812;
| 5 | | Registration fee under Section 3-813;
| 6 | | Semitrailer fees under Section 3-814;
| 7 | | Farm trucks under Section 3-815;
| 8 | | Mileage weight tax option under Section 3-818;
| 9 | | Farm trailers under Section 3-819;
| 10 | | Duplicate plates under Section 3-820;
| 11 | | Fees under Section 3-821;
| 12 | | Search Fees under Section 3-823.
| 13 | | (f) The reductions provided for shall not apply to any | 14 | | vehicle of the
first or second division registered by the same | 15 | | applicant in the prior
registration year.
| 16 | | The changes to this Section made by Public Act 84-210 take | 17 | | effect with the 1986 Calendar Registration Year.
| 18 | | (g) Reductions shall in no event result in payment of a fee | 19 | | or tax less
than $6, and the Secretary of State shall | 20 | | promulgate schedules of fees
reflecting applicable reductions. | 21 | | Where any reduced amount is not stated in
full dollars, the | 22 | | Secretary of State may adjust the amount due to the nearest
| 23 | | full dollar amount.
| 24 | | (h) The reductions provided for in subsections (a) through | 25 | | (g) of this
Section shall not apply to those vehicles of the | 26 | | first or second division
registered on a staggered registration |
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| 1 | | basis.
| 2 | | (i) A vehicle which becomes subject to registration during | 3 | | the last
month of the current registration year is exempt from | 4 | | any applicable reduced
fourth quarter or second semiannual | 5 | | registration fee, and may register for
the subsequent | 6 | | registration year as its initial registration.
This subsection | 7 | | does not include those apportioned and prorated fees
under | 8 | | Sections 3-402 and 3-402.1 of this Code.
| 9 | | (Source: P.A. 94-239, eff. 1-1-06.)
| 10 | | (625 ILCS 5/3-804.01) | 11 | | Sec. 3-804.01. Expanded-use antique vehicles. | 12 | | (a) The owner of a motor vehicle that is more than 25 years | 13 | | of age or a bona fide replica
thereof may register the vehicle | 14 | | as an expanded-use antique vehicle. In addition to the | 15 | | appropriate registration and renewal fees, the fee for | 16 | | expanded-use antique vehicle registration and renewal , except | 17 | | as provided under subsection (d), shall be $45 per year. The | 18 | | application for
registration must be accompanied by an | 19 | | affirmation of
the owner that: | 20 | | (1) from January 1 through March 31 and from November 1 | 21 | | through December 31, the vehicle will be driven on the | 22 | | highways only for the purpose
of going to and returning | 23 | | from an antique auto show or an exhibition, or
for | 24 | | servicing or demonstration; and | 25 | | (2) the mechanical
condition, physical condition, |
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| 1 | | brakes, lights, glass, and appearance of such
vehicle is | 2 | | the same or as safe as originally equipped. | 3 | | From April 1 through October 31, a vehicle registered as an | 4 | | expanded-use antique vehicle may be driven on the highways | 5 | | without being subject to the restrictions set forth in | 6 | | subdivision (1). The Secretary may prescribe,
in the | 7 | | Secretary's discretion, that expanded-use antique vehicle | 8 | | plates be issued for a
definite or an indefinite term, such | 9 | | term to correspond to the term of
registration plates issued | 10 | | generally, as provided in Section 3-414.1. Any person | 11 | | requesting expanded-use antique vehicle plates under this | 12 | | Section
may also apply to have vanity or personalized plates as | 13 | | provided under
Section 3-405.1. | 14 | | (b) Any person who is the registered owner of an | 15 | | expanded-use antique vehicle may
display a historical license | 16 | | plate from or representing the model year of
the vehicle, | 17 | | furnished by such person, in lieu of the current and valid
| 18 | | Illinois expanded-use antique vehicle plates issued thereto, | 19 | | provided that the valid and
current Illinois expanded-use | 20 | | antique vehicle plates and registration card issued to
the | 21 | | expanded-use antique vehicle are simultaneously carried within | 22 | | the vehicle and are
available for inspection. | 23 | | (c) The Secretary may credit a pro-rated portion of a fee | 24 | | previously paid for an antique vehicle registration under | 25 | | Section 3-804 to an owner who applies to have that vehicle | 26 | | registered as an expanded-use antique vehicle instead of an |
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| 1 | | antique vehicle.
| 2 | | (d) The Secretary may make a version of the registration | 3 | | plate authorized under this Section in a form appropriate for | 4 | | motorcycles. In addition to the required registration and | 5 | | renewal fees, the fee for motorcycle expanded-use antique | 6 | | vehicle registration and renewal shall be $23 per year. | 7 | | (Source: P.A. 97-412, eff. 1-1-12.)
| 8 | | (625 ILCS 5/3-808.1) (from Ch. 95 1/2, par. 3-808.1)
| 9 | | Sec. 3-808.1. Permanent vehicle registration plate. | 10 | | (a) Permanent vehicle registration plates shall be issued,
| 11 | | at no charge, to the following:
| 12 | | 1. Vehicles, other than medical transport vehicles, | 13 | | owned and operated
by the State of Illinois or by any State
| 14 | | agency financed by funds appropriated by the General | 15 | | Assembly;
| 16 | | 2. Special disability plates issued to vehicles owned | 17 | | and
operated by the State of Illinois or by any State | 18 | | agency financed by funds
appropriated by the General | 19 | | Assembly.
| 20 | | (b) Permanent vehicle registration plates shall be issued, | 21 | | for a one time
fee of $8.00, to the following:
| 22 | | 1. Vehicles, other than medical transport vehicles, | 23 | | operated by or
for any county, township or municipal | 24 | | corporation.
| 25 | | 2. Vehicles owned by counties, townships or municipal |
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| 1 | | corporations for
persons with disabilities.
| 2 | | 3. Beginning with the 1991 registration year, | 3 | | county-owned vehicles
operated by or for any county sheriff | 4 | | and designated deputy sheriffs. These
registration plates | 5 | | shall contain the specific county code and unit number.
| 6 | | 4. All-terrain vehicles owned by counties, townships, | 7 | | or municipal
corporations and used for law enforcement | 8 | | purposes when the Manufacturer's
Statement of Origin is | 9 | | accompanied with a letter from the original manufacturer
or | 10 | | a manufacturer's franchised dealer stating that this | 11 | | all-terrain vehicle
has been
converted to a street worthy | 12 | | vehicle that meets the equipment requirements set
forth in | 13 | | Chapter 12 of this Code.
| 14 | | 5. Beginning with the 2001 registration year, | 15 | | municipally-owned vehicles
operated by or for any police | 16 | | department. These registration plates shall
contain the | 17 | | designation "municipal police" and shall be numbered and
| 18 | | distributed as prescribed by the Secretary of State.
| 19 | | 6. Beginning with the 2014 registration year, | 20 | | municipally owned, fire district owned, or Mutual Aid Box | 21 | | Alarm System (MABAS) owned vehicles operated by or for any | 22 | | fire department, fire protection district, or MABAS. These | 23 | | registration plates shall display the designation "Fire | 24 | | Department" and shall display the specific fire | 25 | | department, fire district, fire unit, or MABAS division | 26 | | number or letter. |
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| 1 | | 7. Beginning with the 2017 registration year, vehicles | 2 | | that do not require a school bus driver permit under | 3 | | Section 6-104 to operate and are not registered under | 4 | | Section 3-617 of this Code , and are owned by a public | 5 | | school district from grades K-12 or a public community | 6 | | college. | 7 | | 8. Beginning with the 2017 registration year, vehicles | 8 | | of the first division or vehicles of the second division | 9 | | weighing not more than 8,000 pounds that are owned by a | 10 | | medical facility or hospital of a municipality, county, or | 11 | | township. | 12 | | 9. Beginning with the 2020 registration year, 2-axle | 13 | | motor vehicles that (i) are designed and used as buses in a | 14 | | public system for transporting more than 10 passengers; | 15 | | (ii) are used as common carriers in the general | 16 | | transportation of passengers and not devoted to any | 17 | | specialized purpose; (iii) operate entirely within the | 18 | | territorial limits of a single municipality or a single | 19 | | municipality and contiguous municipalities; and (iv) are | 20 | | subject to the regulation of the Illinois Commerce | 21 | | Commission. The owner of a vehicle under this paragraph is | 22 | | exempt from paying a flat weight tax or a mileage weight | 23 | | tax under this Code. | 24 | | (b-5) Beginning with the 2016 registration year, permanent | 25 | | vehicle registration plates shall be issued for a one-time fee | 26 | | of $8.00 to a county, township, or municipal corporation that |
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| 1 | | owns or operates vehicles used for the purpose of community | 2 | | workplace commuting as defined by the Secretary of State by | 3 | | administrative rule. The design and color of the plates shall | 4 | | be wholly within the discretion of the Secretary. The Secretary | 5 | | of State may adopt rules to implement this subsection (b-5). | 6 | | (c) Beginning with the 2012 registration year, | 7 | | county-owned vehicles
operated by or for any county sheriff and | 8 | | designated deputy sheriffs that have been issued registration | 9 | | plates under subsection (b) of this Section shall be exempt | 10 | | from any fee for the transfer of registration from one vehicle | 11 | | to another vehicle. Each county sheriff shall report to the | 12 | | Secretary of State any transfer of registration plates from one | 13 | | vehicle to another vehicle operated by or for any county | 14 | | sheriff and designated deputy sheriffs. The Secretary of State | 15 | | shall adopt rules to implement this subsection (c). | 16 | | (c-5) Beginning with the 2014 registration year, | 17 | | municipally owned, fire district owned, or Mutual Aid Box Alarm | 18 | | System (MABAS) owned vehicles operated by or for any fire | 19 | | department, fire protection district, or MABAS that have been | 20 | | issued registration plates under subsection (b) of this Section | 21 | | shall be exempt from any fee for the transfer of registration | 22 | | from one vehicle to another vehicle. Each fire department, fire | 23 | | protection district, of MABAS shall report to the Secretary of | 24 | | State any transfer of registration plates from one vehicle to | 25 | | another vehicle operated by or for any fire department, fire | 26 | | protection district, or MABAS. The Secretary of State shall |
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| 1 | | adopt rules to implement this subsection. | 2 | | (d) Beginning with the 2013 registration year, | 3 | | municipally-owned vehicles
operated by or for any police | 4 | | department that have been issued registration plates under | 5 | | subsection (b) of this Section shall be exempt from any fee for | 6 | | the transfer of registration from one vehicle to another | 7 | | vehicle. Each municipal police department shall report to the | 8 | | Secretary of State any transfer of registration plates from one | 9 | | vehicle to another vehicle operated by or for any municipal | 10 | | police department. The Secretary of State shall adopt rules to | 11 | | implement this subsection (d). | 12 | | (e) Beginning with the 2016 registration year, any vehicle | 13 | | owned or operated by a county, township, or municipal | 14 | | corporation that has been issued registration plates under this | 15 | | Section is exempt from any fee for the transfer of registration | 16 | | from one vehicle to another vehicle. Each county, township, or | 17 | | municipal corporation shall report to the Secretary of State | 18 | | any transfer of registration plates from one vehicle to another | 19 | | vehicle operated by or for any county, township, or municipal | 20 | | corporation. | 21 | | (f) Beginning with the 2020 registration year, any vehicle | 22 | | owned or operated by a public school district from grades K-12, | 23 | | a public community college, or a medical facility or hospital | 24 | | of a municipality, county, or township that has been issued | 25 | | registration plates under this Section is exempt from any fee | 26 | | for the transfer of registration from one vehicle to another |
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| 1 | | vehicle. Each school district, public community college, or | 2 | | medical facility or hospital shall report to the Secretary any | 3 | | transfer of registration plates from one vehicle to another | 4 | | vehicle operated by the school district, public community | 5 | | college, or medical facility. | 6 | | (Source: P.A. 98-436, eff. 1-1-14; 98-1074, eff. 1-1-15; | 7 | | 99-166, eff. 7-28-15; 99-707, eff. 7-29-16.)
| 8 | | (625 ILCS 5/3-815) (from Ch. 95 1/2, par. 3-815)
| 9 | | Sec. 3-815. Flat weight tax; vehicles of the second | 10 | | division.
| 11 | | (a) Except
as provided in Section 3-806.3 and 3-804.3, | 12 | | every owner
of a vehicle of the second division registered | 13 | | under Section 3-813, and
not registered under the mileage | 14 | | weight tax under Section 3-818, shall
pay to the Secretary of | 15 | | State, for each registration year, for the use
of the public | 16 | | highways, a flat weight tax at the rates set forth in the
| 17 | | following table, the rates including the $10 registration fee:
| 18 | | SCHEDULE OF FLAT WEIGHT TAX
| 19 | | REQUIRED BY LAW
|
|
20 | | Gross Weight in Lbs. |
|
Total Fees |
|
21 | | Including Vehicle |
|
each Fiscal |
|
22 | | and Maximum Load |
Class |
year |
|
23 | | 8,000 lbs. and less |
B |
$98 |
|
24 | | 8,001 lbs. to 10,000 lbs. | C | 118 |
|
25 | | 10,001 8,001 lbs. to 12,000 lbs. |
D |
138 |
|
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| 1 | | 12,001 lbs. to 16,000 lbs. |
F |
242 |
|
2 | | 16,001 lbs. to 26,000 lbs. |
H |
490 |
|
3 | | 26,001 lbs. to 28,000 lbs. |
J |
630 |
|
4 | | 28,001 lbs. to 32,000 lbs. |
K |
842 |
|
5 | | 32,001 lbs. to 36,000 lbs. |
L |
982 |
|
6 | | 36,001 lbs. to 40,000 lbs. |
N |
1,202 |
|
7 | | 40,001 lbs. to 45,000 lbs. |
P |
1,390 |
|
8 | | 45,001 lbs. to 50,000 lbs. |
Q |
1,538 |
|
9 | | 50,001 lbs. to 54,999 lbs. |
R |
1,698 |
|
10 | | 55,000 lbs. to 59,500 lbs. |
S |
1,830 |
|
11 | | 59,501 lbs. to 64,000 lbs. |
T |
1,970 |
|
12 | | 64,001 lbs. to 73,280 lbs. |
V |
2,294 |
|
13 | | 73,281 lbs. to 77,000 lbs. |
X |
2,622 |
|
14 | | 77,001 lbs. to 80,000 lbs. |
Z |
2,790 |
|
15 | | Beginning with the 2010 registration year a $1 surcharge | 16 | | shall be collected for vehicles registered in the 8,000 lbs. | 17 | | and less flat weight plate category above to be deposited into | 18 | | the State Police Vehicle Fund.
| 19 | | Beginning with the 2014 registration year, a $2 surcharge | 20 | | shall be collected in addition to the above fees for vehicles | 21 | | registered in the 8,000 lb. and less flat weight plate category | 22 | | as described in this subsection (a) to be deposited into the | 23 | | Park and Conservation Fund for the Department of Natural | 24 | | Resources to use for conservation efforts. The monies deposited | 25 | | into the Park and Conservation Fund under this Section shall | 26 | | not be subject to administrative charges or chargebacks unless |
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| 1 | | otherwise authorized by this Act. | 2 | | All of the proceeds of the additional fees imposed by this | 3 | | amendatory Act of the 96th General Assembly shall be deposited | 4 | | into the Capital Projects Fund. | 5 | | (a-1) A Special Hauling Vehicle is a vehicle or combination | 6 | | of vehicles of
the second
division registered under Section | 7 | | 3-813 transporting asphalt or concrete in the
plastic state or | 8 | | a vehicle or combination of vehicles that are subject to the
| 9 | | gross weight limitations in subsection (a) of Section 15-111 | 10 | | for which the
owner of the
vehicle or combination of vehicles | 11 | | has elected to pay, in addition to the
registration fee in | 12 | | subsection (a), $125 to the Secretary of State
for each
| 13 | | registration year. The Secretary shall designate this class of | 14 | | vehicle as
a Special Hauling Vehicle.
| 15 | | (a-5) Beginning January 1, 2015, upon the request of the | 16 | | vehicle owner, a $10 surcharge shall be collected in addition | 17 | | to the above fees for vehicles in the 12,000 lbs. and less flat | 18 | | weight plate categories as described in subsection (a) to be | 19 | | deposited into the Secretary of State Special License Plate | 20 | | Fund. The $10 surcharge is to identify vehicles in the 12,000 | 21 | | lbs. and less flat weight plate categories as a covered farm | 22 | | vehicle. The $10 surcharge is an annual, flat fee that shall be | 23 | | based on an applicant's new or existing registration year for | 24 | | each vehicle in the 12,000 lbs. and less flat weight plate | 25 | | categories. A designation as a covered farm vehicle under this | 26 | | subsection (a-5) shall not alter a vehicle's registration as a |
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| 1 | | registration in the 12,000 lbs. or less flat weight category. | 2 | | The Secretary shall adopt any rules necessary to implement this | 3 | | subsection (a-5). | 4 | | (b) Except as provided in Section 3-806.3, every camping | 5 | | trailer,
motor home, mini motor home, travel trailer, truck | 6 | | camper or van camper
used primarily for recreational purposes, | 7 | | and not used commercially, nor
for hire, nor owned by a | 8 | | commercial business, may be registered for each
registration | 9 | | year upon the filing of a proper application and the payment
of | 10 | | a registration fee and highway use tax, according to the | 11 | | following table of
fees:
| 12 | | MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
|
|
13 | | Gross Weight in Lbs. |
Total Fees |
|
14 | | Including Vehicle and |
Each |
|
15 | | Maximum Load |
Calendar Year |
|
16 | | 8,000 lbs and less |
$78 |
|
17 | | 8,001 Lbs. to 10,000 Lbs |
90 |
|
18 | | 10,001 Lbs. and Over |
102 |
|
19 | | CAMPING TRAILER OR TRAVEL TRAILER
|
|
20 | | Gross Weight in Lbs. |
Total Fees |
|
21 | | Including Vehicle and |
Each |
|
22 | | Maximum Load |
Calendar Year |
|
23 | | 3,000 Lbs. and Less |
$18 |
|
24 | | 3,001 Lbs. to 8,000 Lbs. |
30 |
|
25 | | 8,001 Lbs. to 10,000 Lbs. |
38 |
|
26 | | 10,001 Lbs. and Over |
50 |
|
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| 1 | | Every house trailer must be registered under Section 3-819.
| 2 | | (c) Farm Truck. Any truck used exclusively for the owner's | 3 | | own
agricultural, horticultural or livestock raising | 4 | | operations and
not-for-hire only, or any truck used only in the | 5 | | transportation for-hire
of seasonal, fresh, perishable fruit | 6 | | or vegetables from farm to the
point of first processing,
may | 7 | | be registered by the owner under this paragraph in lieu of
| 8 | | registration under paragraph (a), upon filing of a proper | 9 | | application
and the payment of the $10 registration fee and the | 10 | | highway use tax
herein specified as follows:
| 11 | | SCHEDULE OF FEES AND TAXES
|
|
12 | | Gross Weight in Lbs. |
|
Total Amount for |
|
13 | | Including Truck and |
|
each |
|
14 | | Maximum Load |
Class |
Fiscal Year |
|
15 | | 16,000 lbs. or less |
VF |
$150 |
|
16 | | 16,001 to 20,000 lbs. |
VG |
226 |
|
17 | | 20,001 to 24,000 lbs. |
VH |
290 |
|
18 | | 24,001 to 28,000 lbs. |
VJ |
378 |
|
19 | | 28,001 to 32,000 lbs. |
VK |
506 |
|
20 | | 32,001 to 36,000 lbs. |
VL |
610 |
|
21 | | 36,001 to 45,000 lbs. |
VP |
810 |
|
22 | | 45,001 to 54,999 lbs. |
VR |
1,026 |
|
23 | | 55,000 to 64,000 lbs. |
VT |
1,202 |
|
24 | | 64,001 to 73,280 lbs. |
VV |
1,290 |
|
25 | | 73,281 to 77,000 lbs. |
VX |
1,350 |
|
26 | | 77,001 to 80,000 lbs. |
VZ |
1,490 |
|
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| 1 | | In the event the Secretary of State revokes a farm truck | 2 | | registration
as authorized by law, the owner shall pay the flat | 3 | | weight tax due
hereunder before operating such truck.
| 4 | | Any combination of vehicles having 5 axles, with a distance | 5 | | of 42 feet or
less between extreme axles, that are subject to | 6 | | the weight limitations in
subsection (a) of Section 15-111 for | 7 | | which the owner of the combination
of
vehicles has elected to | 8 | | pay, in addition to the registration fee in subsection
(c), | 9 | | $125 to the Secretary of State for each registration year
shall | 10 | | be designated by the Secretary as a Special Hauling Vehicle.
| 11 | | (d) The number of axles necessary to carry the maximum load | 12 | | provided
shall be determined from Chapter 15 of this Code.
| 13 | | (e) An owner may only apply for and receive 5 farm truck
| 14 | | registrations, and only 2 of those 5 vehicles shall exceed | 15 | | 59,500 gross
weight in pounds per vehicle.
| 16 | | (f) Every person convicted of violating this Section by | 17 | | failure to pay
the appropriate flat weight tax to the Secretary | 18 | | of State as set forth in
the above tables shall be punished as | 19 | | provided for in Section 3-401.
| 20 | | (Source: P.A. 97-201, eff. 1-1-12; 97-811, eff. 7-13-12; | 21 | | 97-1136, eff. 1-1-13; 98-463, eff. 8-16-13; 98-882, eff. | 22 | | 8-13-14.)
| 23 | | (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
| 24 | | Sec. 3-821. Miscellaneous registration and title fees.
| 25 | | (a) Except as provided under subsection (h), the The fee to |
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| 1 | | be paid to the Secretary of State for the following
| 2 | | certificates, registrations or evidences of proper | 3 | | registration, or for
corrected or duplicate documents shall be | 4 | | in accordance with the following
schedule:
|
|
5 | | Certificate of Title, except for an all-terrain |
|
|
6 | | vehicle or off-highway motorcycle |
$95 |
|
7 | | Certificate of Title for an all-terrain vehicle |
|
|
8 | | or off-highway motorcycle |
$30 |
|
9 | | Certificate of Title for an all-terrain
vehicle |
|
|
10 | | or off-highway motorcycle used for production |
|
|
11 | | agriculture, or accepted by a dealer in trade | 13 | |
12 | | Certificate of Title for a low-speed vehicle | 30 |
|
13 | | Transfer of Registration or any evidence of |
|
|
14 | | proper registration
|
$25 |
|
15 | | Duplicate Registration Card for plates or other |
|
|
16 | | evidence of proper registration |
3 |
|
17 | | Duplicate Registration Sticker or Stickers, each | 20 |
|
18 | | Duplicate Certificate of Title |
95 |
|
19 | | Corrected Registration Card or Card for other |
|
|
20 | | evidence of proper registration |
3 |
|
21 | | Corrected Certificate of Title |
95 |
|
22 | | Salvage Certificate |
4 |
|
23 | | Fleet Reciprocity Permit |
15 |
|
24 | | Prorate Decal |
1 |
|
25 | | Prorate Backing Plate |
3 |
|
26 | | Special Corrected Certificate of Title | 15
| |
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| 1 | | Expedited Title Service (to be charged in addition | 2 | | to other applicable fees) | 30 | |
3 | | Dealer Lien Release Certificate of Title | 20 |
|
4 | | A special corrected certificate of title shall be issued | 5 | | (i) to remove a co-owner's name due to the death of the | 6 | | co-owner, to transfer title to a spouse if the decedent-spouse | 7 | | was the sole owner on the title, or due to a divorce ; or (ii) to | 8 | | change a co-owner's name due to a marriage ; or (iii) due to a | 9 | | name change under Article XXI of the Code of Civil Procedure .
| 10 | | There shall be no fee paid for a Junking Certificate.
| 11 | | There shall be no fee paid for a certificate of title | 12 | | issued to a county when the vehicle is forfeited to the county | 13 | | under Article 36 of the Criminal Code of 2012. | 14 | | (a-5) The Secretary of State may revoke a certificate of | 15 | | title and registration card and issue a corrected certificate | 16 | | of title and registration card, at no fee to the vehicle owner | 17 | | or lienholder, if there is proof that the vehicle | 18 | | identification number is erroneously shown on the original | 19 | | certificate of title.
| 20 | | (a-10) The Secretary of State may issue, in connection with | 21 | | the sale of a motor vehicle, a corrected title to a motor | 22 | | vehicle dealer upon application and submittal of a lien release | 23 | | letter from the lienholder listed in the files of the | 24 | | Secretary. In the case of a title issued by another state, the | 25 | | dealer must submit proof from the state that issued the last | 26 | | title. The corrected title, which shall be known as a dealer |
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| 1 | | lien release certificate of title, shall be issued in the name | 2 | | of the vehicle owner without the named lienholder. If the motor | 3 | | vehicle is currently titled in a state other than Illinois, the | 4 | | applicant must submit either (i) a letter from the current | 5 | | lienholder releasing the lien and stating that the lienholder | 6 | | has possession of the title; or (ii) a letter from the current | 7 | | lienholder releasing the lien and a copy of the records of the | 8 | | department of motor vehicles for the state in which the vehicle | 9 | | is titled, showing that the vehicle is titled in the name of | 10 | | the applicant and that no liens are recorded other than the | 11 | | lien for which a release has been submitted. The fee for the | 12 | | dealer lien release certificate of title is $20. | 13 | | (b) The Secretary may prescribe the maximum service charge | 14 | | to be
imposed upon an applicant for renewal of a registration | 15 | | by any person
authorized by law to receive and remit or | 16 | | transmit to the Secretary such
renewal application and fees | 17 | | therewith.
| 18 | | (c) If payment is delivered to the Office of the Secretary | 19 | | of State
as payment of any fee or tax under this Code, and such | 20 | | payment is not
honored for any reason, the registrant
or other | 21 | | person tendering the payment remains liable for the payment of
| 22 | | such fee or tax. The Secretary of State may assess a service | 23 | | charge of $25
in addition to the fee or tax due and owing for | 24 | | all dishonored payments.
| 25 | | If the total amount then due and owing exceeds the sum of | 26 | | $100 and
has not been paid in full within 60 days from the date |
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| 1 | | the dishonored payment was first delivered to the Secretary of | 2 | | State, the Secretary of State shall
assess a penalty of 25% of | 3 | | such amount remaining unpaid.
| 4 | | All amounts payable under this Section shall be computed to | 5 | | the
nearest dollar. Out of each fee collected for dishonored | 6 | | payments, $5 shall be deposited in the Secretary of State | 7 | | Special Services Fund.
| 8 | | (d) The minimum fee and tax to be paid by any applicant for
| 9 | | apportionment of a fleet of vehicles under this Code shall be | 10 | | $15
if the application was filed on or before the date | 11 | | specified by the
Secretary together with fees and taxes due. If | 12 | | an application and the
fees or taxes due are filed after the | 13 | | date specified by the Secretary,
the Secretary may prescribe | 14 | | the payment of interest at the rate of 1/2
of 1% per month or | 15 | | fraction thereof after such due date and a minimum of
$8.
| 16 | | (e) Trucks, truck tractors, truck tractors with loads, and | 17 | | motor buses,
any one of which having a combined total weight in | 18 | | excess of 12,000 lbs.
shall file an application for a Fleet | 19 | | Reciprocity Permit issued by the
Secretary of State. This | 20 | | permit shall be in the possession of any driver
operating a | 21 | | vehicle on Illinois highways. Any foreign licensed vehicle of | 22 | | the
second division operating at any time in Illinois without a | 23 | | Fleet Reciprocity
Permit or other proper Illinois | 24 | | registration, shall subject the operator to the
penalties | 25 | | provided in Section 3-834 of this Code. For the purposes of | 26 | | this
Code, "Fleet Reciprocity Permit" means any second division |
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| 1 | | motor vehicle with a
foreign license and used only in | 2 | | interstate transportation of goods. The fee
for such permit | 3 | | shall be $15 per fleet which shall include all
vehicles of the | 4 | | fleet being registered.
| 5 | | (f) For purposes of this Section, "all-terrain vehicle or | 6 | | off-highway
motorcycle used for production agriculture" means | 7 | | any all-terrain vehicle or
off-highway motorcycle used in the | 8 | | raising
of or the propagation of livestock, crops for sale for | 9 | | human consumption,
crops for livestock consumption, and | 10 | | production seed stock grown for the
propagation of feed grains | 11 | | and the husbandry of animals or for the purpose
of providing a | 12 | | food product, including the husbandry of blood stock as a
main | 13 | | source of providing a food product.
"All-terrain vehicle or | 14 | | off-highway motorcycle used in production agriculture"
also | 15 | | means any all-terrain vehicle or off-highway motorcycle used in | 16 | | animal
husbandry, floriculture, aquaculture, horticulture, and | 17 | | viticulture.
| 18 | | (g) All of the proceeds of the additional fees imposed by | 19 | | Public Act 96-34 shall be deposited into the Capital Projects | 20 | | Fund. | 21 | | (h) The fee for a duplicate registration sticker or | 22 | | stickers shall be the amount required under subsection (a) or | 23 | | the vehicle's annual registration fee amount, whichever is | 24 | | less. | 25 | | (Source: P.A. 99-260, eff. 1-1-16; 99-607, eff. 7-22-16.)
|
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| 1 | | (625 ILCS 5/4-107) (from Ch. 95 1/2, par. 4-107)
| 2 | | Sec. 4-107. Stolen, converted, recovered and unclaimed | 3 | | vehicles.
| 4 | | (a) Every Sheriff, Superintendent of police, Chief of | 5 | | police or other police
officer in command of any Police | 6 | | department in any City, Village or Town of
the State, shall, by | 7 | | the fastest means of communications available to his law
| 8 | | enforcement agency, immediately report to the State Police, in | 9 | | Springfield,
Illinois, the theft or recovery of any stolen or | 10 | | converted vehicle within
his district or jurisdiction. The | 11 | | report shall give the date of theft,
description of the vehicle | 12 | | including color, year of manufacture,
manufacturer's trade | 13 | | name, manufacturer's series name, body style, vehicle
| 14 | | identification number and license registration number, | 15 | | including the state
in which the license was issued and the | 16 | | year of issuance, together with the
name, residence address, | 17 | | business address, and telephone number of the
owner. The report | 18 | | shall be routed by the originating law enforcement
agency | 19 | | through the State Police District in which such agency is | 20 | | located.
| 21 | | (b) A registered owner or a lienholder may report the theft | 22 | | by
conversion of a vehicle, to the State Police, or any other | 23 | | police
department or Sheriff's office. Such report will be | 24 | | accepted as a report
of theft and processed only if a formal | 25 | | complaint is on file and a warrant
issued.
| 26 | | (c) An operator of a place of business for garaging, |
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| 1 | | repairing, parking
or storing vehicles for the public, in which | 2 | | a vehicle remains unclaimed,
after being left for the purpose | 3 | | of garaging, repairing, parking or storage,
for a period of 15 | 4 | | days, shall, within 5 days after the expiration of that
period, | 5 | | report the vehicle as unclaimed to the municipal police
when | 6 | | the vehicle is within the corporate limits of any City, Village | 7 | | or
incorporated Town, or the County Sheriff, or State Police | 8 | | when the vehicle
is outside the corporate limits of a City, | 9 | | Village or incorporated Town. This
Section does not apply to | 10 | | any vehicle:
| 11 | | (1) removed to a place of storage by a law
enforcement | 12 | | agency having jurisdiction, in accordance with Sections | 13 | | 4-201 and
4-203 of this Act; or
| 14 | | (2) left under a garaging, repairing, parking, or | 15 | | storage order
signed by the owner, lessor, or other legally | 16 | | entitled person.
| 17 | | Failure to comply with this Section will result in the
| 18 | | forfeiture of storage fees for that vehicle involved.
| 19 | | (d) The State Police shall keep a complete record of all | 20 | | reports filed
under this Section of the Act. Upon receipt of | 21 | | such report, a careful
search shall be made of the records of | 22 | | the office of the State Police,
and where it is found that a | 23 | | vehicle reported recovered was stolen in a
County, City, | 24 | | Village or Town other than the County, City, Village or
Town in | 25 | | which it is recovered, the State Police shall immediately
| 26 | | notify the Sheriff, Superintendent of police, Chief of police, |
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| 1 | | or other
police officer in command of the Sheriff's office or | 2 | | Police
department of the County, City, Village or Town in which | 3 | | the vehicle
was originally reported stolen, giving complete | 4 | | data as to the time
and place of recovery.
| 5 | | (e) Notification of the theft or conversion of a vehicle | 6 | | will be
furnished to the Secretary of State by the State | 7 | | Police. The Secretary
of State shall place the proper | 8 | | information in the license registration and
title registration | 9 | | files to indicate the theft or conversion of a motor
vehicle or | 10 | | other vehicle. Notification of the recovery of a vehicle
| 11 | | previously reported as a theft or a conversion will be | 12 | | furnished to the
Secretary of State by the State Police. The | 13 | | Secretary of State shall remove
the proper information from the | 14 | | license registration and title registration
files that has | 15 | | previously indicated the theft or conversion of a vehicle.
The | 16 | | Secretary of State shall suspend the registration of a vehicle | 17 | | upon
receipt of a report from the State Police that such | 18 | | vehicle was stolen or
converted.
| 19 | | (f) When the Secretary of State receives an application for | 20 | | a certificate
of title or an application for registration of a | 21 | | vehicle and it is determined
from the records of the office of | 22 | | the Secretary of State that such vehicle
has been reported | 23 | | stolen or converted, the Secretary of State shall immediately
| 24 | | notify the State Police or the Secretary of State Department of | 25 | | Police and shall give the State Police or the Secretary of | 26 | | State Department of Police the name and address
of the person |
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| 1 | | or firm titling or registering the vehicle, together with all
| 2 | | other information contained in the application submitted by | 3 | | such person or
firm. If the Secretary of State Department of | 4 | | Police receives notification under this subsection (f), it | 5 | | shall conduct an investigation concerning the identity of the | 6 | | registered owner of the stolen or converted vehicle.
| 7 | | (g) During the usual course of business the manufacturer of | 8 | | any
vehicle shall place an original manufacturer's vehicle | 9 | | identification
number on all such vehicles manufactured and on | 10 | | any part of such
vehicles requiring an identification number.
| 11 | | (h) Except provided in subsection (h-1), if a | 12 | | manufacturer's vehicle
identification number is missing
or has | 13 | | been removed, changed or mutilated on any vehicle, or any
part | 14 | | of such vehicle requiring an identification number, the State | 15 | | Police or the Secretary of State Department of Police
shall | 16 | | restore, restamp or reaffix the vehicle identification number | 17 | | plate,
or affix a new plate bearing the original manufacturer's | 18 | | vehicle
identification number on each such vehicle and on all | 19 | | necessary parts of
the vehicles.
A vehicle identification | 20 | | number so
affixed, restored,
restamped, reaffixed or replaced | 21 | | is not falsified, altered or forged
within the meaning of this | 22 | | Act.
| 23 | | (h-1) A person engaged in the repair or servicing of | 24 | | vehicles may reaffix
a
manufacturer's identification number | 25 | | plate on the same damaged vehicle from
which it
was originally | 26 | | removed, if the person reaffixes the original manufacturer's
|
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| 1 | | identification
number plate in place of the identification | 2 | | number plate affixed on a new
dashboard that
has been installed | 3 | | in the vehicle. The person must notify the Secretary of
State | 4 | | each time
the original manufacturer's identification number | 5 | | plate is reaffixed on a
vehicle. The
person must keep a record | 6 | | indicating that the identification number plate
affixed on the
| 7 | | new dashboard has been removed and has been replaced by the | 8 | | manufacturer's
identification number plate originally affixed | 9 | | on the vehicle. The person also
must keep a
record regarding | 10 | | the status and location of the identification number plate
| 11 | | removed from
the replacement dashboard.
The Secretary shall | 12 | | adopt rules for implementing this subsection (h-1).
| 13 | | (h-2) The owner of a vehicle repaired under subsection | 14 | | (h-1) must,
within 90 days of the date of the repairs, contact | 15 | | an officer of the Illinois
State Police Vehicle Inspection | 16 | | Bureau and arrange for an inspection of the
vehicle, by the | 17 | | officer or the officer's designee, at a mutually agreed upon
| 18 | | date and location.
| 19 | | (i) If a vehicle or part of any vehicle is found to
have | 20 | | the manufacturer's identification number removed, altered, | 21 | | defaced or
destroyed, the vehicle or part shall be seized by | 22 | | any law enforcement
agency having jurisdiction and held for the | 23 | | purpose of identification. In the
event that the manufacturer's | 24 | | identification number of a vehicle or part
cannot be | 25 | | identified, the vehicle or part shall be considered contraband, | 26 | | and
no right of property shall exist in any person owning, |
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| 1 | | leasing or possessing
such property, unless the person owning, | 2 | | leasing or possessing the
vehicle or part acquired such without | 3 | | knowledge that the manufacturer's
vehicle identification | 4 | | number has been removed, altered, defaced, falsified
or | 5 | | destroyed.
| 6 | | Either the seizing law enforcement agency or the State's | 7 | | Attorney of
the county where the seizure occurred may make an | 8 | | application for an order
of forfeiture to the circuit court in | 9 | | the county of seizure. The
application for forfeiture shall be | 10 | | independent from any prosecution
arising out of the seizure and | 11 | | is not subject to any final determination of
such prosecution. | 12 | | The circuit court shall issue an order forfeiting the
property | 13 | | to the seizing law enforcement agency if the court finds that | 14 | | the
property did not at the time of seizure possess a valid | 15 | | manufacturer's
identification number and that the original | 16 | | manufacturer's identification
number cannot be ascertained. | 17 | | The seizing law enforcement agency may:
| 18 | | (1) retain the forfeited property for official use; or
| 19 | | (2) sell the forfeited property and distribute the | 20 | | proceeds in
accordance with Section 4-211 of this Code, or | 21 | | dispose of the forfeited
property in such manner as the law | 22 | | enforcement agency deems appropriate.
| 23 | | (i-1) If a motorcycle is seized under subsection (i), the | 24 | | motorcycle
must be returned within 45 days of the date of | 25 | | seizure to the person from whom
it was seized, unless
(i) | 26 | | criminal charges are pending against that person or (ii) an |
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| 1 | | application
for
an
order of forfeiture has been submitted to | 2 | | the circuit in the county of
seizure or (iii) the circuit court | 3 | | in the county of seizure has received from
the seizing law | 4 | | enforcement agency and has granted a petition to extend, for a
| 5 | | single 30 day period, the 45 days allowed for return of the | 6 | | motorcycle. Except
as provided in subsection (i-2), a | 7 | | motorcycle returned to the person from whom
it was seized must | 8 | | be returned in essentially the same condition it was in at
the
| 9 | | time of seizure.
| 10 | | (i-2) If any part or parts of a motorcycle seized under | 11 | | subsection (i) are
found to be
stolen and are removed, the | 12 | | seizing law enforcement agency is not required to
replace the | 13 | | part or parts before returning the motorcycle to the person | 14 | | from
whom it
was seized.
| 15 | | (j) The State Police or the Secretary of State Department | 16 | | of Police shall notify the Secretary
of State
each time a | 17 | | manufacturer's vehicle identification number is affixed, | 18 | | reaffixed,
restored or restamped on any vehicle. The Secretary | 19 | | of State shall make
the necessary changes or corrections in his | 20 | | records, after the proper
applications and fees have been | 21 | | submitted, if applicable.
| 22 | | (k) Any vessel, vehicle or aircraft used with knowledge and | 23 | | consent
of the owner in the commission of, or in the attempt to | 24 | | commit as defined
in Section 8-4 of the Criminal Code of 2012, | 25 | | an offense prohibited
by Section 4-103 of this Chapter, | 26 | | including transporting of a stolen vehicle
or stolen vehicle |
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| 1 | | parts, shall be seized by any law enforcement
agency. The | 2 | | seizing law enforcement agency may:
| 3 | | (1) return the vehicle to its owner if such vehicle is | 4 | | stolen; or
| 5 | | (2) confiscate the vehicle and retain it for any | 6 | | purpose which the law
enforcement agency deems | 7 | | appropriate; or
| 8 | | (3) sell the vehicle at a public sale or dispose of the | 9 | | vehicle in such
other manner as the law enforcement agency | 10 | | deems appropriate.
| 11 | | If the vehicle is sold at public sale, the proceeds of the | 12 | | sale shall be
paid to the law enforcement agency.
| 13 | | The law enforcement agency shall not retain, sell or | 14 | | dispose of a vehicle
under paragraphs (2) or (3) of this | 15 | | subsection (k) except upon an order
of forfeiture issued by the | 16 | | circuit court. The circuit court may issue
such order of | 17 | | forfeiture upon application of the law enforcement agency
or | 18 | | State's Attorney of the county where the law enforcement agency | 19 | | has
jurisdiction, or in the case of the Department of State | 20 | | Police or the
Secretary of State, upon application of the | 21 | | Attorney General.
| 22 | | The court shall issue the order if the owner of the vehicle | 23 | | has been
convicted of transporting stolen vehicles or stolen | 24 | | vehicle parts and the
evidence establishes that the owner's | 25 | | vehicle has been used in the commission
of such offense.
| 26 | | The provisions of subsection (k) of this Section shall not |
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| 1 | | apply to any
vessel, vehicle or aircraft, which has been | 2 | | leased, rented or loaned by
its owner, if the owner did not | 3 | | have knowledge of and consent to the use
of the vessel, vehicle | 4 | | or aircraft in the commission of, or in an attempt
to commit, | 5 | | an offense prohibited by Section 4-103 of this Chapter.
| 6 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 7 | | (625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
| 8 | | Sec. 5-101. New vehicle dealers must be licensed.
| 9 | | (a) No person shall engage in this State in the business of | 10 | | selling
or dealing in, on consignment or otherwise, new | 11 | | vehicles of any make, or
act as an intermediary or agent or | 12 | | broker for any licensed dealer or
vehicle purchaser other than | 13 | | as a salesperson, or represent or advertise
that he is so | 14 | | engaged or intends to so engage in such business unless
| 15 | | licensed to do so in writing by the Secretary of State under | 16 | | the
provisions of this Section.
| 17 | | (b) An application for a new vehicle dealer's license shall | 18 | | be filed
with the Secretary of State, duly verified by oath, on | 19 | | such form as the
Secretary of State may by rule or regulation | 20 | | prescribe and shall contain:
| 21 | | 1. The name and type of business organization of the | 22 | | applicant and
his established and additional places of | 23 | | business, if any, in this State.
| 24 | | 2. If the applicant is a corporation, a list of its | 25 | | officers,
directors, and shareholders having a ten percent |
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| 1 | | or greater ownership
interest in the corporation, setting | 2 | | forth the residence address of
each; if the applicant is a | 3 | | sole proprietorship, a partnership, an
unincorporated | 4 | | association, a trust, or any similar form of business
| 5 | | organization, the name and residence address of the | 6 | | proprietor or of
each partner, member, officer, director, | 7 | | trustee, or manager.
| 8 | | 3. The make or makes of new vehicles which the | 9 | | applicant will offer
for sale at retail in this State.
| 10 | | 4. The name of each manufacturer or franchised | 11 | | distributor, if any,
of new vehicles with whom the | 12 | | applicant has contracted for the sale of
such new vehicles. | 13 | | As evidence of this fact, the application shall be
| 14 | | accompanied by a signed statement from each such | 15 | | manufacturer or
franchised distributor. If the applicant | 16 | | is in the business of
offering for sale new conversion | 17 | | vehicles, trucks or vans, except for
trucks modified to | 18 | | serve a special purpose which includes but is not
limited | 19 | | to the following vehicles: street sweepers, fertilizer | 20 | | spreaders,
emergency vehicles, implements of husbandry or | 21 | | maintenance type vehicles,
he must furnish evidence of a | 22 | | sales and service agreement from both the
chassis | 23 | | manufacturer and second stage manufacturer.
| 24 | | 5. A statement that the applicant has been approved for | 25 | | registration
under the Retailers' Occupation Tax Act by the | 26 | | Department of Revenue:
Provided that this requirement does |
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| 1 | | not apply to a dealer who is already
licensed hereunder | 2 | | with the Secretary of State, and who is merely applying
for | 3 | | a renewal of his license. As evidence of this fact, the | 4 | | application
shall be accompanied by a certification from | 5 | | the Department of Revenue
showing that that Department has | 6 | | approved the applicant for registration
under the | 7 | | Retailers' Occupation Tax Act.
| 8 | | 6. A statement that the applicant has complied with the | 9 | | appropriate
liability insurance requirement. A Certificate | 10 | | of Insurance in a solvent
company authorized to do business | 11 | | in the State of Illinois shall be included
with each | 12 | | application covering each location at which he proposes to | 13 | | act
as a new vehicle dealer. The policy must provide | 14 | | liability coverage in
the minimum amounts of $100,000 for | 15 | | bodily injury to, or death of, any person,
$300,000 for | 16 | | bodily injury to, or death of, two or more persons in any | 17 | | one
accident, and $50,000 for damage to property. Such | 18 | | policy shall expire
not sooner than December 31 of the year | 19 | | for which the license was issued
or renewed. The expiration | 20 | | of the insurance policy shall not terminate
the liability | 21 | | under the policy arising during the period for which the
| 22 | | policy was filed. Trailer and mobile home dealers are | 23 | | exempt from this
requirement.
| 24 | | If the permitted user has a liability insurance policy | 25 | | that provides
automobile
liability insurance coverage of | 26 | | at least $100,000 for bodily injury to or the
death of any
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| 1 | | person, $300,000 for bodily injury to or the death of any 2 | 2 | | or more persons in
any one
accident, and $50,000 for damage | 3 | | to property,
then the permitted user's insurer shall be the | 4 | | primary
insurer and the
dealer's insurer shall be the | 5 | | secondary insurer. If the permitted user does not
have a | 6 | | liability
insurance policy that provides automobile | 7 | | liability insurance coverage of at
least
$100,000 for | 8 | | bodily injury to or the death of any person, $300,000 for | 9 | | bodily
injury to or the death of any 2 or more persons in | 10 | | any one accident, and
$50,000 for damage to property, or | 11 | | does not have any insurance at all,
then the dealer's | 12 | | insurer shall be the primary insurer and the permitted | 13 | | user's
insurer shall be the secondary
insurer.
| 14 | | When a permitted user is "test driving" a new vehicle | 15 | | dealer's automobile,
the new vehicle dealer's insurance | 16 | | shall be primary and the permitted user's
insurance shall | 17 | | be secondary.
| 18 | | As used in this paragraph 6, a "permitted user" is a | 19 | | person who, with the
permission of the new vehicle dealer | 20 | | or an employee of the new vehicle dealer,
drives a vehicle | 21 | | owned and held for sale or lease by the new vehicle dealer
| 22 | | which the person is considering
to purchase or lease, in | 23 | | order to evaluate the performance, reliability, or
| 24 | | condition of the vehicle.
The term "permitted user" also | 25 | | includes a person who, with the permission of
the new
| 26 | | vehicle dealer, drives a vehicle owned or held for sale or |
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| 1 | | lease by the new
vehicle dealer
for loaner purposes while | 2 | | the user's vehicle is being repaired or evaluated.
| 3 | | As used in this paragraph 6, "test driving" occurs when | 4 | | a permitted user
who,
with the permission of the new | 5 | | vehicle dealer or an employee of the new vehicle
dealer, | 6 | | drives a vehicle owned and held for sale or lease by a new | 7 | | vehicle
dealer that the person is considering to purchase | 8 | | or lease, in order to
evaluate the performance, | 9 | | reliability, or condition of the
vehicle.
| 10 | | As used in this paragraph 6, "loaner purposes" means | 11 | | when a person who,
with the permission of the new vehicle | 12 | | dealer, drives a vehicle owned or held
for sale or lease by | 13 | | the new vehicle dealer while the
user's vehicle is being | 14 | | repaired or evaluated.
| 15 | | 7. (A) An application for a new motor vehicle dealer's | 16 | | license shall be
accompanied by the following license fees:
| 17 | | (i) $1,000 for applicant's established place of | 18 | | business, and
$100 for each
additional place of | 19 | | business, if any, to which the application
pertains; | 20 | | but if the application is made after June 15 of any | 21 | | year, the license
fee shall be $500 for applicant's | 22 | | established place of business
plus
$50 for each | 23 | | additional place of business, if any, to which the
| 24 | | application pertains. License fees shall be returnable | 25 | | only in the event that
the application is denied by the | 26 | | Secretary of State.
All moneys received by the |
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| 1 | | Secretary of State as license fees under this | 2 | | subparagraph (i) prior to applications for the 2004
| 3 | | licensing year
shall be
deposited into the Motor | 4 | | Vehicle Review Board Fund and shall
be used to | 5 | | administer the Motor Vehicle Review Board under the | 6 | | Motor Vehicle
Franchise Act. Of the money received by | 7 | | the Secretary of State as license
fees under this | 8 | | subparagraph (i) for the 2004
licensing year and
| 9 | | thereafter, 10% shall
be deposited into the Motor | 10 | | Vehicle Review Board Fund and shall be used to
| 11 | | administer the Motor Vehicle Review Board under the | 12 | | Motor Vehicle Franchise Act
and 90% shall be deposited | 13 | | into the General Revenue Fund.
| 14 | | (ii) Except for dealers selling 25 or fewer | 15 | | automobiles or as provided in subsection (h) of Section | 16 | | 5-102.7 of this Code, an Annual Dealer Recovery Fund | 17 | | Fee in the amount of $500 for the applicant's | 18 | | established place of business, and $50 for each | 19 | | additional place of business, if any, to which the | 20 | | application pertains; but if the application is made | 21 | | after June 15 of any year, the fee shall be $250 for | 22 | | the applicant's established place of business plus $25 | 23 | | for each additional place of business, if any, to which | 24 | | the application pertains. For a license renewal | 25 | | application, the fee shall be based on the amount of | 26 | | automobiles sold in the past year according to the |
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| 1 | | following formula: | 2 | | (1) $0 for dealers selling 25 or less | 3 | | automobiles; | 4 | | (2) $150 for dealers selling more than 25 but | 5 | | less than 200 automobiles; | 6 | | (3) $300 for dealers selling 200 or more | 7 | | automobiles but less than 300 automobiles; and | 8 | | (4) $500 for dealers selling 300 or more | 9 | | automobiles. | 10 | | License fees shall be returnable only in the event | 11 | | that the application is denied by the Secretary of | 12 | | State. Moneys received under this subparagraph (ii) | 13 | | shall be deposited into the Dealer Recovery Trust Fund. | 14 | | (B) An application for a new vehicle dealer's license, | 15 | | other than for
a new motor vehicle dealer's license, shall | 16 | | be accompanied by the following
license fees:
| 17 | | (i) $1,000 for applicant's established place of | 18 | | business, and
$50 for each
additional place of | 19 | | business, if any, to which the application pertains; | 20 | | but if
the application is made after June 15 of any | 21 | | year, the license fee shall be
$500
for applicant's | 22 | | established place of business plus $25 for each
| 23 | | additional
place of business, if any, to which the | 24 | | application pertains. License fees
shall be returnable | 25 | | only in the event that the application is denied by the
| 26 | | Secretary of State. Of the money received by the |
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| 1 | | Secretary of State as
license fees under this | 2 | | subparagraph (i) for the 2004 licensing year and | 3 | | thereafter,
95% shall be deposited into the General | 4 | | Revenue Fund.
| 5 | | (ii) Except as provided in subsection (h) of | 6 | | Section 5-102.7 of this Code, an Annual Dealer Recovery | 7 | | Fund Fee in the amount of $500 for the applicant's | 8 | | established place of business, and $50 for each | 9 | | additional place of business, if any, to which the | 10 | | application pertains; but if the application is made | 11 | | after June 15 of any year, the fee shall be $250 for | 12 | | the applicant's established place of business plus $25 | 13 | | for each additional place of business, if any, to which | 14 | | the application pertains. License fees shall be | 15 | | returnable only in the event that the application is | 16 | | denied by the Secretary of State. Moneys received under | 17 | | this subparagraph (ii) shall be deposited into the | 18 | | Dealer Recovery Trust Fund. | 19 | | 8. A statement that the applicant's officers, | 20 | | directors,
shareholders having a 10% or greater ownership | 21 | | interest
therein, proprietor, a partner, member, officer, | 22 | | director, trustee, manager
or other principals in the | 23 | | business have not committed in the past 3
years any one | 24 | | violation as determined in any civil, criminal or
| 25 | | administrative proceedings of any one of the following | 26 | | Acts:
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| 1 | | (A) The Anti-Theft Laws of the Illinois Vehicle | 2 | | Code;
| 3 | | (B) The Certificate of Title Laws of the Illinois | 4 | | Vehicle Code;
| 5 | | (C) The Offenses against Registration and | 6 | | Certificates of Title
Laws of the Illinois Vehicle | 7 | | Code;
| 8 | | (D) The Dealers, Transporters, Wreckers and | 9 | | Rebuilders
Laws of the Illinois Vehicle Code;
| 10 | | (E) Section 21-2 of the Criminal Code of 1961 or | 11 | | the Criminal Code of 2012, Criminal Trespass to
| 12 | | Vehicles; or
| 13 | | (F) The Retailers' Occupation Tax Act.
| 14 | | 9. A statement that the applicant's officers, | 15 | | directors,
shareholders having a 10% or greater ownership | 16 | | interest
therein, proprietor, partner, member, officer, | 17 | | director, trustee, manager
or other principals in the | 18 | | business have not committed in any calendar year
3 or more | 19 | | violations, as determined in any civil, criminal or
| 20 | | administrative proceedings, of any one or more of the | 21 | | following Acts:
| 22 | | (A) The Consumer Finance Act;
| 23 | | (B) The Consumer Installment Loan Act;
| 24 | | (C) The Retail Installment Sales Act;
| 25 | | (D) The Motor Vehicle Retail Installment Sales | 26 | | Act;
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| 1 | | (E) The Interest Act;
| 2 | | (F) The Illinois Wage Assignment Act;
| 3 | | (G) Part 8 of Article XII of the Code of Civil | 4 | | Procedure; or
| 5 | | (H) The Consumer Fraud Act.
| 6 | | 10. A bond or certificate of deposit in the amount of | 7 | | $50,000 for
each location at which the applicant intends to | 8 | | act as a new vehicle
dealer. The bond shall be for the term | 9 | | of the license, or its renewal, for
which application is | 10 | | made, and shall expire not sooner than
December 31 of the | 11 | | year for which the license was issued or renewed. The bond
| 12 | | shall run to the People of the State of Illinois, with | 13 | | surety by a bonding or
insurance company authorized to do | 14 | | business in this State. It shall be
conditioned upon the | 15 | | proper transmittal of all title and registration fees and
| 16 | | taxes (excluding taxes under the Retailers' Occupation Tax | 17 | | Act) accepted by the
applicant as a new vehicle dealer.
| 18 | | 11. Such other information concerning the business of | 19 | | the applicant as
the Secretary of State may by rule or | 20 | | regulation prescribe.
| 21 | | 12. A statement that the applicant understands Chapter | 22 | | 1 through
Chapter 5 of this Code.
| 23 | | (c) Any change which renders no longer accurate any | 24 | | information
contained in any application for a new vehicle | 25 | | dealer's license shall be
amended within 30 days after the | 26 | | occurrence of such change on such form
as the Secretary of |
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| 1 | | State may prescribe by rule or regulation,
accompanied by an | 2 | | amendatory fee of $2.
| 3 | | (d) Anything in this Chapter 5 to the contrary | 4 | | notwithstanding no
person shall be licensed as a new vehicle | 5 | | dealer unless:
| 6 | | 1. He is authorized by contract in writing between | 7 | | himself and the
manufacturer or franchised distributor of | 8 | | such make of vehicle to so
sell the same in this State, and
| 9 | | 2. Such person shall maintain an established place of | 10 | | business as
defined in this Act.
| 11 | | (e) The Secretary of State shall, within a reasonable time | 12 | | after
receipt, examine an application submitted to him under | 13 | | this Section and
unless he makes a determination that the | 14 | | application submitted to him
does not conform with the | 15 | | requirements of this Section or that grounds
exist for a denial | 16 | | of the application, under Section 5-501 of this
Chapter, grant | 17 | | the applicant an original new vehicle dealer's license in
| 18 | | writing for his established place of business and a | 19 | | supplemental license
in writing for each additional place of | 20 | | business in such form as he may
prescribe by rule or regulation | 21 | | which shall include the following:
| 22 | | 1. The name of the person licensed;
| 23 | | 2. If a corporation, the name and address of its | 24 | | officers or if a
sole proprietorship, a partnership, an | 25 | | unincorporated association or any
similar form of business | 26 | | organization, the name and address of the
proprietor or of |
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| 1 | | each partner, member, officer, director, trustee or
| 2 | | manager;
| 3 | | 3. In the case of an original license, the established | 4 | | place of
business of the licensee;
| 5 | | 4. In the case of a supplemental license, the | 6 | | established place of
business of the licensee and the | 7 | | additional place of business to which such
supplemental | 8 | | license pertains;
| 9 | | 5. The make or makes of new vehicles which the licensee | 10 | | is licensed
to sell.
| 11 | | (f) The appropriate instrument evidencing the license or a | 12 | | certified
copy thereof, provided by the Secretary of State, | 13 | | shall be kept posted
conspicuously in the established place of | 14 | | business of the licensee and
in each additional place of | 15 | | business, if any, maintained by such
licensee.
| 16 | | (g) Except as provided in subsection (h) hereof, all new | 17 | | vehicle
dealer's licenses granted under this Section shall | 18 | | expire by operation
of law on December 31 of the calendar year | 19 | | for which they are granted
unless sooner revoked or cancelled | 20 | | under the provisions of Section 5-501
of this Chapter.
| 21 | | (h) A new vehicle dealer's license may be renewed upon | 22 | | application
and payment of the fee required herein, and | 23 | | submission of proof of
coverage under an approved bond under | 24 | | the Retailers' Occupation Tax
Act or proof that applicant is | 25 | | not subject to such bonding
requirements, as in the case of an | 26 | | original license, but in case an
application for the renewal of |
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| 1 | | an effective license is made during the
month of December, the | 2 | | effective license shall remain in force until the
application | 3 | | is granted or denied by the Secretary of State.
| 4 | | (i) All persons licensed as a new vehicle dealer are | 5 | | required to
furnish each purchaser of a motor vehicle:
| 6 | | 1. In the case of a new vehicle a manufacturer's | 7 | | statement of origin
and in the case of a used motor vehicle | 8 | | a certificate of title, in
either case properly assigned to | 9 | | the purchaser;
| 10 | | 2. A statement verified under oath that all identifying | 11 | | numbers on
the vehicle agree with those on the certificate | 12 | | of title or
manufacturer's statement of origin;
| 13 | | 3. A bill of sale properly executed on behalf of such | 14 | | person;
| 15 | | 4. A copy of the Uniform Invoice-transaction reporting | 16 | | return
referred to in Section 5-402 hereof;
| 17 | | 5. In the case of a rebuilt vehicle, a copy of the | 18 | | Disclosure of Rebuilt
Vehicle Status; and
| 19 | | 6. In the case of a vehicle for which the warranty has | 20 | | been reinstated, a
copy of the warranty.
| 21 | | (j) Except at the time of sale or repossession of the | 22 | | vehicle, no person
licensed as a new vehicle dealer may issue | 23 | | any other person a newly created
key to a vehicle unless the | 24 | | new vehicle dealer makes a color photocopy or electronic scan | 25 | | copy of the driver's
license or State identification card of | 26 | | the person requesting or obtaining the
newly created key. The |
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| 1 | | new vehicle dealer must retain the photocopy or scan copy for | 2 | | 30 days.
| 3 | | A new vehicle dealer who violates this subsection (j) is | 4 | | guilty of a
petty offense. Violation of this subsection (j) is | 5 | | not cause to suspend,
revoke,
cancel, or deny renewal of the | 6 | | new vehicle dealer's license.
| 7 | | This amendatory Act of 1983 shall be applicable to the 1984 | 8 | | registration
year and thereafter.
| 9 | | (Source: P.A. 99-78, eff. 7-20-15; 100-450, eff. 1-1-18 .)
| 10 | | (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
| 11 | | Sec. 5-102. Used vehicle dealers must be licensed.
| 12 | | (a) No person, other than a licensed new vehicle dealer, | 13 | | shall engage in
the business of selling or dealing in, on | 14 | | consignment or otherwise, 5 or
more used vehicles of any make | 15 | | during the year (except house trailers as
authorized by | 16 | | paragraph (j) of this Section and rebuilt salvage vehicles
sold | 17 | | by their rebuilders to persons licensed under this Chapter), or | 18 | | act as
an intermediary, agent or broker for any licensed dealer | 19 | | or vehicle
purchaser (other than as a salesperson) or represent | 20 | | or advertise that he
is so engaged or intends to so engage in | 21 | | such business unless licensed to
do so by the Secretary of | 22 | | State under the provisions of this Section.
| 23 | | (b) An application for a used vehicle dealer's license | 24 | | shall be
filed with the Secretary of State, duly verified by | 25 | | oath, in such form
as the Secretary of State may by rule or |
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| 1 | | regulation prescribe and shall
contain:
| 2 | | 1. The name and type of business organization | 3 | | established and additional
places of business, if any, in | 4 | | this State.
| 5 | | 2. If the applicant is a corporation, a list of its | 6 | | officers,
directors, and shareholders having a ten percent | 7 | | or greater ownership
interest in the corporation, setting | 8 | | forth the residence address of
each; if the applicant is a | 9 | | sole proprietorship, a partnership, an
unincorporated | 10 | | association, a trust, or any similar form of business
| 11 | | organization, the names and residence address of the | 12 | | proprietor or of
each partner, member, officer, director, | 13 | | trustee or manager.
| 14 | | 3. A statement that the applicant has been approved for | 15 | | registration
under the Retailers' Occupation Tax Act by the | 16 | | Department of Revenue. However,
this requirement does not | 17 | | apply to a dealer who is already licensed
hereunder with | 18 | | the Secretary of State, and who is merely applying for a
| 19 | | renewal of his license. As evidence of this fact, the | 20 | | application shall be
accompanied by a certification from | 21 | | the Department of Revenue showing that
the Department has | 22 | | approved the applicant for registration under the
| 23 | | Retailers' Occupation Tax Act.
| 24 | | 4. A statement that the applicant has complied with the | 25 | | appropriate
liability insurance requirement. A Certificate | 26 | | of Insurance in a solvent
company authorized to do business |
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| 1 | | in the State of Illinois shall be included
with each | 2 | | application covering each location at which he proposes to | 3 | | act
as a used vehicle dealer. The policy must provide | 4 | | liability coverage in
the minimum amounts of $100,000 for | 5 | | bodily injury to, or death of, any person,
$300,000 for | 6 | | bodily injury to, or death of, two or more persons in any | 7 | | one
accident, and $50,000 for damage to property. Such | 8 | | policy shall expire
not sooner than December 31 of the year | 9 | | for which the license was issued
or renewed. The expiration | 10 | | of the insurance policy shall not terminate
the liability | 11 | | under the policy arising during the period for which the | 12 | | policy
was filed. Trailer and mobile home dealers are | 13 | | exempt from this requirement.
| 14 | | If the permitted user has a liability insurance policy | 15 | | that provides
automobile
liability insurance coverage of | 16 | | at least $100,000 for bodily injury to or the
death of any
| 17 | | person, $300,000 for bodily injury to or the death of any 2 | 18 | | or more persons in
any one
accident, and $50,000 for damage | 19 | | to property,
then the permitted user's insurer shall be the | 20 | | primary
insurer and the
dealer's insurer shall be the | 21 | | secondary insurer. If the permitted user does not
have a | 22 | | liability
insurance policy that provides automobile | 23 | | liability insurance coverage of at
least
$100,000 for | 24 | | bodily injury to or the death of any person, $300,000 for | 25 | | bodily
injury to or
the death of any 2 or more persons in | 26 | | any one accident, and $50,000 for damage
to
property, or |
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| 1 | | does not have any insurance at all,
then the
dealer's
| 2 | | insurer shall be the primary insurer and the permitted | 3 | | user's insurer shall be
the secondary
insurer.
| 4 | | When a permitted user is "test driving" a used vehicle | 5 | | dealer's automobile,
the used vehicle dealer's insurance | 6 | | shall be primary and the permitted user's
insurance shall | 7 | | be secondary.
| 8 | | As used in this paragraph 4, a "permitted user" is a | 9 | | person who, with the
permission of the used vehicle dealer | 10 | | or an employee of the used vehicle
dealer, drives a vehicle | 11 | | owned and held for sale or lease by the used vehicle
dealer | 12 | | which the person is considering to purchase or lease, in | 13 | | order to
evaluate the performance, reliability, or | 14 | | condition of the vehicle.
The term "permitted user" also | 15 | | includes a person who, with the permission of
the used
| 16 | | vehicle dealer, drives a vehicle owned or held for sale or | 17 | | lease by the used
vehicle dealer
for loaner purposes while | 18 | | the user's vehicle is being repaired or evaluated.
| 19 | | As used in this paragraph 4, "test driving" occurs when | 20 | | a permitted user
who,
with the permission of the used | 21 | | vehicle dealer or an employee of the used
vehicle
dealer, | 22 | | drives a vehicle owned and held for sale or lease by a used | 23 | | vehicle
dealer that the person is considering to purchase | 24 | | or lease, in order to
evaluate the performance, | 25 | | reliability, or condition of the
vehicle.
| 26 | | As used in this paragraph 4, "loaner purposes" means |
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| 1 | | when a person who,
with the permission of the used vehicle | 2 | | dealer, drives a vehicle owned or held
for sale or lease by | 3 | | the used vehicle dealer while the
user's vehicle is being | 4 | | repaired or evaluated.
| 5 | | 5. An application for a used vehicle dealer's license | 6 | | shall be
accompanied by the following license fees:
| 7 | | (A) $1,000 for applicant's established place of | 8 | | business, and
$50 for
each additional place of | 9 | | business, if any, to which the application
pertains; | 10 | | however, if the application is made after June 15 of | 11 | | any
year, the license fee shall be $500 for applicant's | 12 | | established
place of
business plus $25 for each | 13 | | additional place of business, if any,
to
which the | 14 | | application pertains. License fees shall be returnable | 15 | | only in
the event that the application is denied by
the | 16 | | Secretary of State. Of the money received by the | 17 | | Secretary of State as
license fees under this | 18 | | subparagraph (A) for the 2004 licensing year and | 19 | | thereafter, 95%
shall be deposited into the General | 20 | | Revenue Fund.
| 21 | | (B) Except for dealers selling 25 or fewer | 22 | | automobiles or as provided in subsection (h) of Section | 23 | | 5-102.7 of this Code, an Annual Dealer Recovery Fund | 24 | | Fee in the amount of $500 for the applicant's | 25 | | established place of business, and $50 for each | 26 | | additional place of business, if any, to which the |
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| 1 | | application pertains; but if the application is made | 2 | | after June 15 of any year, the fee shall be $250 for | 3 | | the applicant's established place of business plus $25 | 4 | | for each additional place of business, if any, to which | 5 | | the application pertains. For a license renewal | 6 | | application, the fee shall be based on the amount of | 7 | | automobiles sold in the past year according to the | 8 | | following formula: | 9 | | (1) $0 for dealers selling 25 or less | 10 | | automobiles; | 11 | | (2) $150 for dealers selling more than 25 but | 12 | | less than 200 automobiles; | 13 | | (3) $300 for dealers selling 200 or more | 14 | | automobiles but less than 300 automobiles; and | 15 | | (4) $500 for dealers selling 300 or more | 16 | | automobiles. | 17 | | License fees shall be returnable only in the event | 18 | | that the application is denied by the Secretary of | 19 | | State. Moneys received under this subparagraph (B) | 20 | | shall be deposited into the Dealer Recovery Trust Fund. | 21 | | 6. A statement that the applicant's officers, | 22 | | directors, shareholders
having a 10% or greater ownership | 23 | | interest therein, proprietor, partner,
member, officer, | 24 | | director, trustee, manager or other principals in the
| 25 | | business have not committed in the past 3 years any one | 26 | | violation as
determined in any civil, criminal or |
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| 1 | | administrative proceedings of any one
of the following | 2 | | Acts:
| 3 | | (A) The Anti-Theft Laws of the Illinois Vehicle | 4 | | Code;
| 5 | | (B) The Certificate of Title Laws of the Illinois | 6 | | Vehicle Code;
| 7 | | (C) The Offenses against Registration and | 8 | | Certificates of Title
Laws of the Illinois Vehicle | 9 | | Code;
| 10 | | (D) The Dealers, Transporters, Wreckers and | 11 | | Rebuilders Laws of the
Illinois Vehicle Code;
| 12 | | (E) Section 21-2 of the Illinois Criminal Code of | 13 | | 1961 or the Criminal Code of 2012, Criminal
Trespass to | 14 | | Vehicles; or
| 15 | | (F) The Retailers' Occupation Tax Act.
| 16 | | 7. A statement that the applicant's officers, | 17 | | directors,
shareholders having a 10% or greater ownership | 18 | | interest therein,
proprietor, partner, member, officer, | 19 | | director, trustee, manager or
other principals in the | 20 | | business have not committed in any calendar year
3 or more | 21 | | violations, as determined in any civil or criminal or
| 22 | | administrative proceedings, of any one or more of the | 23 | | following Acts:
| 24 | | (A) The Consumer Finance Act;
| 25 | | (B) The Consumer Installment Loan Act;
| 26 | | (C) The Retail Installment Sales Act;
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| 1 | | (D) The Motor Vehicle Retail Installment Sales | 2 | | Act;
| 3 | | (E) The Interest Act;
| 4 | | (F) The Illinois Wage Assignment Act;
| 5 | | (G) Part 8 of Article XII of the Code of Civil | 6 | | Procedure; or
| 7 | | (H) The Consumer Fraud Act.
| 8 | | 8. A bond or Certificate of Deposit in the amount of | 9 | | $50,000 for
each location at which the applicant intends to | 10 | | act as a used vehicle
dealer. The bond shall be for the | 11 | | term of the license, or its renewal, for
which application | 12 | | is made, and shall expire not sooner than December 31 of
| 13 | | the year for which the license was issued or renewed. The | 14 | | bond shall run
to the People of the State of Illinois, with | 15 | | surety by a bonding or
insurance company authorized to do | 16 | | business in this State. It shall be
conditioned upon the | 17 | | proper transmittal of all title and registration fees
and | 18 | | taxes (excluding taxes under the Retailers' Occupation Tax | 19 | | Act) accepted
by the applicant as a used vehicle dealer.
| 20 | | 9. Such other information concerning the business of | 21 | | the applicant as
the Secretary of State may by rule or | 22 | | regulation prescribe.
| 23 | | 10. A statement that the applicant understands Chapter | 24 | | 1 through
Chapter 5 of this Code.
| 25 | | 11. A copy of the certification from the prelicensing | 26 | | education
program. |
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| 1 | | (c) Any change which renders no longer accurate any | 2 | | information
contained in any application for a used vehicle | 3 | | dealer's license shall
be amended within 30 days after the | 4 | | occurrence of each change on such
form as the Secretary of | 5 | | State may prescribe by rule or regulation,
accompanied by an | 6 | | amendatory fee of $2.
| 7 | | (d) Anything in this Chapter to the contrary | 8 | | notwithstanding, no
person shall be licensed as a used vehicle | 9 | | dealer unless such person
maintains an established place of | 10 | | business as
defined in this Chapter.
| 11 | | (e) The Secretary of State shall, within a reasonable time | 12 | | after
receipt, examine an application submitted to him under | 13 | | this Section.
Unless the Secretary makes a determination that | 14 | | the application
submitted to him does not conform to this | 15 | | Section or that grounds exist
for a denial of the application | 16 | | under Section 5-501 of this Chapter, he
must grant the | 17 | | applicant an original used vehicle dealer's license in
writing | 18 | | for his established place of business and a supplemental | 19 | | license
in writing for each additional place of business in | 20 | | such form as he may
prescribe by rule or regulation which shall | 21 | | include the following:
| 22 | | 1. The name of the person licensed;
| 23 | | 2. If a corporation, the name and address of its | 24 | | officers or if a
sole proprietorship, a partnership, an | 25 | | unincorporated association or any
similar form of business | 26 | | organization, the name and address of the
proprietor or of |
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| 1 | | each partner, member, officer, director, trustee or
| 2 | | manager;
| 3 | | 3. In case of an original license, the established | 4 | | place of business
of the licensee;
| 5 | | 4. In the case of a supplemental license, the | 6 | | established place of
business of the licensee and the | 7 | | additional place of business to which such
supplemental | 8 | | license pertains.
| 9 | | (f) The appropriate instrument evidencing the license or a | 10 | | certified
copy thereof, provided by the Secretary of State | 11 | | shall be kept posted,
conspicuously, in the established place | 12 | | of business of the licensee and
in each additional place of | 13 | | business, if any, maintained by such
licensee.
| 14 | | (g) Except as provided in subsection (h) of this Section, | 15 | | all used
vehicle dealer's licenses granted under this Section | 16 | | expire by operation
of law on December 31 of the calendar year | 17 | | for which they are granted
unless sooner revoked or cancelled | 18 | | under Section 5-501 of this Chapter.
| 19 | | (h) A used vehicle dealer's license may be renewed upon | 20 | | application
and payment of the fee required herein, and | 21 | | submission of proof of
coverage by an approved bond under the | 22 | | "Retailers' Occupation Tax Act"
or proof that applicant is not | 23 | | subject to such bonding requirements, as
in the case of an | 24 | | original license, but in case an application for the
renewal of | 25 | | an effective license is made during the month of December,
the | 26 | | effective license shall remain in force until the application |
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| 1 | | for
renewal is granted or denied by the Secretary of State.
| 2 | | (i) All persons licensed as a used vehicle dealer are | 3 | | required to
furnish each purchaser of a motor vehicle:
| 4 | | 1. A certificate of title properly assigned to the | 5 | | purchaser;
| 6 | | 2. A statement verified under oath that all identifying | 7 | | numbers on
the vehicle agree with those on the certificate | 8 | | of title;
| 9 | | 3. A bill of sale properly executed on behalf of such | 10 | | person;
| 11 | | 4. A copy of the Uniform Invoice-transaction reporting | 12 | | return
referred to in Section 5-402 of this Chapter;
| 13 | | 5. In the case of a rebuilt vehicle, a copy of the | 14 | | Disclosure of Rebuilt
Vehicle Status; and
| 15 | | 6. In the case of a vehicle for which the warranty has | 16 | | been reinstated, a
copy of the warranty.
| 17 | | (j) A real estate broker holding a valid certificate of | 18 | | registration issued
pursuant to "The Real Estate Brokers and | 19 | | Salesmen License Act" may engage
in the business of selling or | 20 | | dealing in house trailers not his own without
being licensed as | 21 | | a used vehicle dealer under this Section; however such
broker | 22 | | shall maintain a record of the transaction including the | 23 | | following:
| 24 | | (1) the name and address of the buyer and seller,
| 25 | | (2) the date of sale,
| 26 | | (3) a description of the mobile home, including the |
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| 1 | | vehicle identification
number, make, model, and year, and
| 2 | | (4) the Illinois certificate of title number.
| 3 | | The foregoing records shall be available for inspection by | 4 | | any officer
of the Secretary of State's Office at any | 5 | | reasonable hour.
| 6 | | (k) Except at the time of sale or repossession of the | 7 | | vehicle, no
person licensed as a used vehicle dealer may issue | 8 | | any other person a newly
created key to a vehicle unless the | 9 | | used vehicle dealer makes a color photocopy or electronic scan | 10 | | copy of the
driver's license or State identification card of | 11 | | the person requesting or
obtaining the newly created key. The | 12 | | used vehicle dealer must retain the photocopy or scan
copy for | 13 | | 30 days.
| 14 | | A used vehicle dealer who violates this subsection (k) is | 15 | | guilty of a
petty offense. Violation of this subsection (k) is | 16 | | not cause to suspend,
revoke, cancel, or deny renewal of the | 17 | | used vehicle dealer's license. | 18 | | (l) Used vehicle dealers licensed under this Section shall | 19 | | provide the Secretary of State a register for the sale at | 20 | | auction of each salvage or junk certificate vehicle. Each | 21 | | register shall include the following information: | 22 | | 1. The year, make, model, style and color of the | 23 | | vehicle; | 24 | | 2. The vehicle's manufacturer's identification number | 25 | | or, if applicable, the Secretary of State or Illinois | 26 | | Department of State Police identification number; |
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| 1 | | 3. The date of acquisition of the vehicle; | 2 | | 4. The name and address of the person from whom the | 3 | | vehicle was acquired; | 4 | | 5. The name and address of the person to whom any | 5 | | vehicle was disposed, the person's Illinois license number | 6 | | or if the person is an out-of-state salvage vehicle buyer, | 7 | | the license number from the state or jurisdiction where the | 8 | | buyer is licensed; and | 9 | | 6. The purchase price of the vehicle. | 10 | | The register shall be submitted to the Secretary of State | 11 | | via written or electronic means within 10 calendar days from | 12 | | the date of the auction.
| 13 | | (Source: P.A. 99-78, eff. 7-20-15; 100-450, eff. 1-1-18 .)
| 14 | | (625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
| 15 | | Sec. 5-401.3. Scrap processors required to keep records. | 16 | | (a) Every person licensed or required to be licensed as a | 17 | | scrap processor
pursuant to Section 5-301 of this Chapter shall | 18 | | maintain for 3 years, at
his established place of business, the | 19 | | following records relating to the
acquisition of recyclable | 20 | | metals or the acquisition of a vehicle, junk vehicle, or | 21 | | vehicle cowl which has been
acquired for the purpose of | 22 | | processing into a form other than a vehicle,
junk vehicle or | 23 | | vehicle cowl which is possessed in the State or brought
into | 24 | | this State from another state, territory or country.
No scrap | 25 | | metal processor shall sell a vehicle or essential part, as |
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| 1 | | such,
except for engines, transmissions, and powertrains, | 2 | | unless licensed to do so
under another provision of this Code. | 3 | | A scrap processor who is additionally
licensed as an automotive | 4 | | parts recycler shall not be subject to the record
keeping | 5 | | requirements for a scrap processor
when acting as an automotive | 6 | | parts
recycler.
| 7 | | (1) For a vehicle, junk vehicle, or vehicle cowl | 8 | | acquired from a person
who is licensed under this Chapter, | 9 | | the scrap processor shall record the
name and address of | 10 | | the person, and the Illinois or out-of-state dealer
license | 11 | | number of such person on the scrap processor's
weight | 12 | | ticket at the
time of the acquisition. The person disposing | 13 | | of the vehicle, junk vehicle,
or vehicle cowl shall furnish | 14 | | the scrap processor with documentary proof of
ownership of | 15 | | the vehicle, junk vehicle, or vehicle cowl in one of the
| 16 | | following forms: a Certificate of Title, a Salvage | 17 | | Certificate, a Junking
Certificate, a Secretary of State | 18 | | Junking Manifest, a Uniform Invoice, a
Certificate of | 19 | | Purchase, or other similar documentary proof of ownership.
| 20 | | The scrap processor shall not acquire a vehicle, junk | 21 | | vehicle or vehicle
cowl without obtaining one of the | 22 | | aforementioned documentary proofs of ownership.
| 23 | | (2) For a vehicle, junk vehicle or vehicle cowl | 24 | | acquired from a person
who is not licensed under this | 25 | | Chapter, the scrap processor
shall verify
and record that | 26 | | person's identity by recording the identification of such
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| 1 | | person from at least 2 sources of identification, one of | 2 | | which shall be a
driver's license or State Identification | 3 | | Card, on the scrap processor's
weight ticket at the time of | 4 | | the acquisition. The person
disposing of the vehicle, junk | 5 | | vehicle, or vehicle cowl shall furnish the
scrap processor | 6 | | with documentary proof of ownership of the vehicle, junk
| 7 | | vehicle, or vehicle cowl in one of the following forms: a | 8 | | Certificate of
Title, a Salvage Certificate, a Junking | 9 | | Certificate, a Secretary of State
Junking Manifest, a | 10 | | Certificate of Purchase, or other similar documentary
| 11 | | proof of ownership. The scrap processor shall not acquire a | 12 | | vehicle, junk
vehicle or vehicle cowl without obtaining one | 13 | | of the aforementioned
documentary proofs of ownership.
| 14 | | (3) In addition to the other information required on | 15 | | the scrap processor's
weight ticket, a scrap processor who | 16 | | at the time of acquisition of a
vehicle, junk vehicle, or | 17 | | vehicle cowl is furnished a Certificate of Title,
Salvage | 18 | | Certificate or Certificate of Purchase shall record the | 19 | | Vehicle
Identification Number on the weight ticket or affix | 20 | | a copy of the
Certificate of Title, Salvage Certificate or | 21 | | Certificate of Purchase to the
weight ticket and the | 22 | | identification of the person acquiring the
information on | 23 | | the behalf of the scrap processor.
| 24 | | (4) The scrap processor
shall maintain a copy of a Junk | 25 | | Vehicle
Notification relating to any Certificate
of Title, | 26 | | Salvage Certificate, Certificate of Purchase or similarly
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| 1 | | acceptable out-of-state document surrendered to the | 2 | | Secretary of State
pursuant to the provisions of Section | 3 | | 3-117.2 of this Code.
| 4 | | (5) For recyclable metals valued at $100 or more, the | 5 | | scrap processor shall, for each transaction, record the | 6 | | identity of the person from whom the recyclable metals were | 7 | | acquired by verifying the identification of that person | 8 | | from one source of identification, which shall be a valid | 9 | | driver's license or State Identification Card, on the scrap | 10 | | processor's weight ticket at the time of the acquisition | 11 | | and by making and recording a color photocopy or electronic | 12 | | scan of the driver's license or State Identification Card. | 13 | | Such information shall be available for inspection by any | 14 | | law enforcement official. If the person delivering the | 15 | | recyclable metal does not have a valid driver's license or | 16 | | State Identification Card, the scrap processor shall not | 17 | | complete the transaction. The inspection of records | 18 | | pertaining only to recyclable metals shall not be counted | 19 | | as an inspection of a premises for purposes of subparagraph | 20 | | (7) of Section 5-403 of this Code.
| 21 | | This subdivision (a)(5) does not apply to
electrical | 22 | | contractors, to agencies or instrumentalities of the State | 23 | | of
Illinois or of the United States, to common carriers, to | 24 | | purchases from
persons, firms, or corporations regularly | 25 | | engaged in the business of
manufacturing recyclable metal, | 26 | | in the business of selling recyclable metal at retail or
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| 1 | | wholesale, or in the business of razing, demolishing, | 2 | | destroying, or removing
buildings, to the purchase by one | 3 | | recyclable metal dealer from another, or the
purchase from | 4 | | persons, firms, or corporations engaged in either the
| 5 | | generation, transmission, or distribution of electric | 6 | | energy or in
telephone, telegraph, and other | 7 | | communications if such common carriers,
persons, firms, or | 8 | | corporations at the time of the purchase provide the | 9 | | recyclable metal
dealer with a bill of sale or other | 10 | | written evidence of title to the recyclable metal. This | 11 | | subdivision (a)(5) also does not apply to contractual | 12 | | arrangements between dealers.
| 13 | | (b) Any licensee who knowingly fails to record any of the | 14 | | specific
information required to be recorded on the weight | 15 | | ticket required under any other subsection of this Section, or | 16 | | Section 5-401 of this Code, or who knowingly
fails to acquire | 17 | | and maintain for 3 years documentary proof of ownership in
one | 18 | | of the prescribed forms shall be guilty of a Class A | 19 | | misdemeanor and
subject to a fine not to exceed $1,000. Each | 20 | | violation shall constitute a
separate and distinct offense and | 21 | | a separate count may be brought in the
same complaint for each | 22 | | violation. Any licensee who commits a second
violation of this | 23 | | Section within two years of a previous conviction of a
| 24 | | violation of this Section shall be guilty of a Class 4 felony.
| 25 | | (c) It shall be an affirmative defense to an offense | 26 | | brought under
paragraph (b) of this Section that the licensee |
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| 1 | | or person required to be
licensed both reasonably and in good | 2 | | faith relied on information appearing
on a Certificate of | 3 | | Title, a Salvage Certificate, a Junking Certificate, a
| 4 | | Secretary of State Manifest, a Secretary of State's Uniform | 5 | | Invoice, a
Certificate of Purchase, or other documentary proof | 6 | | of ownership prepared
under Section 3-117.1(a) of this Code, | 7 | | relating to the transaction for
which the required record was | 8 | | not kept which was supplied to the licensee
by another licensee | 9 | | or an out-of-state dealer.
| 10 | | (d) No later than 15 days prior to going out of business, | 11 | | selling the
business, or transferring the ownership of the | 12 | | business, the scrap
processor shall notify the Secretary of | 13 | | that fact. Failure to so notify
the Secretary of State shall | 14 | | constitute a failure to keep
records under this Section.
| 15 | | (e) Evidence derived directly or indirectly from the | 16 | | keeping of records
required to be kept under this Section shall | 17 | | not be admissible in a
prosecution of the licensee for an | 18 | | alleged violation of Section 4-102(a)(3) of this Code.
| 19 | | (Source: P.A. 95-253, eff. 1-1-08; 95-979, eff. 1-2-09.)
| 20 | | (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
| 21 | | Sec. 13-101. Submission to safety test; Certificate of | 22 | | safety. To
promote the safety of the general public, every | 23 | | owner of a second division
vehicle, medical transport vehicle, | 24 | | tow truck, first division vehicle including a taxi which is | 25 | | used for a purpose that requires a school bus driver permit, |
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| 1 | | motor vehicle used for driver education training, or contract | 2 | | carrier
transporting employees in the course of their | 3 | | employment on a highway of
this State in a vehicle designed to | 4 | | carry 15 or fewer passengers shall,
before operating the | 5 | | vehicle
upon the highways of Illinois, submit it to a "safety | 6 | | test" and secure a
certificate of safety furnished by the | 7 | | Department as set forth in Section
13-109. Each second division | 8 | | motor vehicle that pulls or draws a trailer,
semitrailer or | 9 | | pole trailer, with a gross weight of 10,001 more than 8,000 lbs | 10 | | or more or
is registered for a gross weight of 10,001 more than | 11 | | 8,000 lbs or more , motor bus,
religious organization bus, | 12 | | school bus, senior citizen transportation vehicle,
and | 13 | | limousine shall be subject to
inspection by the Department and | 14 | | the Department is authorized to
establish rules and regulations | 15 | | for the implementation of such inspections.
| 16 | | The owners of each salvage vehicle shall submit it to a | 17 | | "safety test" and
secure a certificate of safety furnished by | 18 | | the Department prior to its
salvage vehicle inspection pursuant | 19 | | to Section 3-308 of this Code.
In implementing and enforcing | 20 | | the provisions of this Section, the
Department and other | 21 | | authorized State agencies shall do so in a manner
that is not | 22 | | inconsistent with any applicable federal law or regulation so
| 23 | | that no federal funding or support is jeopardized by the | 24 | | enactment or
application of these provisions.
| 25 | | However, none of the provisions of Chapter 13 requiring | 26 | | safety
tests or a certificate of safety shall apply to:
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| 1 | | (a) farm tractors, machinery and implements, wagons, | 2 | | wagon-trailers
or like farm vehicles used primarily in | 3 | | agricultural pursuits;
| 4 | | (b) vehicles other than school buses, tow trucks and | 5 | | medical
transport vehicles owned or operated by a municipal | 6 | | corporation or
political subdivision having a population | 7 | | of 1,000,000 or more inhabitants
and which are subject to | 8 | | safety tests imposed by local ordinance or resolution;
| 9 | | (c) a semitrailer or trailer having a gross weight of | 10 | | 5,000 pounds
or less including vehicle weight and maximum | 11 | | load;
| 12 | | (d) recreational vehicles;
| 13 | | (e) vehicles registered as and displaying Illinois
| 14 | | antique vehicle plates and vehicles registered as | 15 | | expanded-use antique vehicles and displaying expanded-use | 16 | | antique vehicle plates;
| 17 | | (f) house trailers equipped and used for living | 18 | | quarters;
| 19 | | (g) vehicles registered as and displaying Illinois | 20 | | permanently
mounted equipment plates or similar vehicles | 21 | | eligible therefor but
registered as governmental vehicles | 22 | | provided that if said vehicle is
reclassified from a | 23 | | permanently mounted equipment plate so as to lose the
| 24 | | exemption of not requiring a certificate of safety, such | 25 | | vehicle must be
safety tested within 30 days of the | 26 | | reclassification;
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| 1 | | (h) vehicles owned or operated by a manufacturer, | 2 | | dealer or
transporter displaying a special plate or plates | 3 | | as described in Chapter
3 of this Code while such vehicle | 4 | | is being delivered from the
manufacturing or assembly plant | 5 | | directly to the purchasing dealership or
distributor, or | 6 | | being temporarily road driven for quality control testing,
| 7 | | or from one dealer or distributor to another, or are being
| 8 | | moved by the most direct route from one location to another | 9 | | for the
purpose of installing special bodies or equipment, | 10 | | or driven for purposes
of demonstration by a prospective | 11 | | buyer with the dealer or his agent present
in the cab of | 12 | | the vehicle during the demonstration;
| 13 | | (i) pole trailers and auxiliary axles;
| 14 | | (j) special mobile equipment;
| 15 | | (k) vehicles properly registered in another State | 16 | | pursuant to law and
displaying a valid registration plate, | 17 | | except vehicles of contract carriers
transporting | 18 | | employees in the course of their employment on a highway of | 19 | | this
State in a vehicle designed to carry 15 or fewer | 20 | | passengers
are only exempted to the extent that the safety | 21 | | testing
requirements applicable to such vehicles in the | 22 | | state of registration
are no less stringent than the safety | 23 | | testing requirements applicable
to contract carriers that | 24 | | are lawfully registered in Illinois;
| 25 | | (l) water-well boring apparatuses or rigs;
| 26 | | (m) any vehicle which is owned and operated by the |
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| 1 | | federal government
and externally displays evidence of | 2 | | such ownership; and
| 3 | | (n) second division vehicles registered for a gross | 4 | | weight of 10,000 8,000
pounds or less, except when such | 5 | | second division motor vehicles pull
or draw a trailer, | 6 | | semi-trailer or pole trailer having a gross weight of
or | 7 | | registered for a gross weight of more than 10,000 8,000 | 8 | | pounds; motor buses;
religious organization buses; school | 9 | | buses; senior citizen transportation
vehicles; medical | 10 | | transport vehicles ; and tow trucks ; and any property | 11 | | carrying vehicles being operated in commerce that are | 12 | | registered for a gross weight of more than 8,000 lbs but | 13 | | less than 10,001 lbs .
| 14 | | The safety test shall include the testing and inspection of
| 15 | | brakes, lights, horns, reflectors, rear vision mirrors, | 16 | | mufflers,
safety chains, windshields and windshield wipers, | 17 | | warning flags and
flares, frame, axle, cab and body, or cab or | 18 | | body, wheels, steering
apparatus, and other safety devices and | 19 | | appliances required by this Code
and such other safety tests as | 20 | | the Department may by rule or regulation
require, for second | 21 | | division vehicles, school buses, medical transport
vehicles, | 22 | | tow trucks, first division vehicles including taxis which are | 23 | | used for a purpose that requires a school bus driver permit, | 24 | | motor vehicles used for driver education training, vehicles | 25 | | designed to carry 15 or fewer passengers
operated by a contract | 26 | | carrier transporting employees in the course of their
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| 1 | | employment
on a highway of this State, trailers, and
| 2 | | semitrailers subject to inspection.
| 3 | | For tow trucks, the safety test and inspection shall also | 4 | | include
the inspection of winch mountings, body panels, body
| 5 | | mounts, wheel lift swivel points,
and sling straps, and other | 6 | | tests and inspections the Department by
rule requires for tow | 7 | | trucks.
| 8 | | For driver education vehicles used by public high schools, | 9 | | the vehicle must also be equipped with dual control brakes, a | 10 | | mirror on each side of the vehicle so located as to reflect to | 11 | | the driver a view of the highway for a distance of at least 200 | 12 | | feet to the rear, and a sign visible from the front and the | 13 | | rear identifying the vehicle as a driver education car. | 14 | | For trucks, truck tractors, trailers, semi-trailers, | 15 | | buses, and first division vehicles including taxis which are | 16 | | used for a purpose that requires a school bus driver permit, | 17 | | the
safety test shall be conducted in accordance with the | 18 | | Minimum Periodic
Inspection Standards promulgated by the | 19 | | Federal Highway Administration of
the U.S. Department of | 20 | | Transportation and contained in Appendix G to
Subchapter B of | 21 | | Chapter III of Title 49 of the Code of Federal Regulations.
| 22 | | Those standards, as now in effect, are made a part of this | 23 | | Code, in the
same manner as though they were set out in full in | 24 | | this Code.
| 25 | | The passing of the safety test shall not be a bar at any | 26 | | time to
prosecution for operating a second division vehicle, |
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| 1 | | medical
transport
vehicle, motor vehicle used for driver | 2 | | education training, or vehicle designed to carry 15 or fewer | 3 | | passengers operated by a
contract carrier as provided in this | 4 | | Section that is unsafe, as determined by
the standards | 5 | | prescribed in this Code.
| 6 | | (Source: P.A. 97-224, eff. 7-28-11; 97-412, eff. 1-1-12; | 7 | | 97-813, eff. 7-13-12; 97-1025, eff. 1-1-13.)
| 8 | | (625 ILCS 5/3-807 rep.)
| 9 | | Section 10. The Illinois Vehicle Code is amended by | 10 | | repealing Section 3-807.
| 11 | | Section 99. Effective date. This Act takes effect January | 12 | | 1, 2019.
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