Full Text of SB3521 97th General Assembly
SB3521 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3521 Introduced 2/8/2012, by Sen. Mike Jacobs SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that beginning January 1, 2013, the Secretary of State is authorized to collect for deposit into the Motor Vehicle License Plate Fund a delinquent vehicle dealer transfer fee in the following amounts: $20 if the certificate of title is received 30 days after the date of sale; $35 if received after 60 days; $65 if received after 90 days; $100 if received after 120 days. Provides that prior to issuance of a certificate of title, a homemade trailer must be inspected by a Secretary of State employee (instead of by a Secretary of State investigator). Provides that the Secretary may issue a dealer lien release certificate of title for a fee of $20, provided certain conditions are met. Provides that the Secretary may deny, revoke, or suspend the dealer license of a licensee who has failed to pay, within 90 days after notice has been given, any fine or fee owed as a result of an administrative citation issued by the Secretary. Increases the fine for operating a business after having failed to obtain a license from $300 to $500 per day. Increases the fine for operating a business with a revoked, suspended, denied, or cancelled license from $500 to $1000 per day. Provides that instead of filing a criminal complaint against an entity licensed by the Secretary, a Secretary of State Police investigator may issue administrative citations for violations of statutes or rules concerning dealers, transporters, wreckers and rebuilders. Contains procedural requirements concerning the issuance of administrative citations. Provides that the penalty imposed by issuance of an administrative citation shall not exceed $50 per violation. Provides that penalties paid as a result of the issuance of administrative citations shall be deposited in the Secretary of State Police Services Fund. Effective immediately.
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| | A BILL FOR |
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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 2-119, 3-104, 3-113, 3-821, 5-501, 5-503, and 5-801 | 6 | | and by adding Section 5-803 as follows:
| 7 | | (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
| 8 | | Sec. 2-119. Disposition of fees and taxes.
| 9 | | (a) All moneys received from Salvage Certificates shall be | 10 | | deposited in
the Common School Fund in the State Treasury.
| 11 | | (b) Beginning January 1, 1990 and concluding December 31, | 12 | | 1994, of the
money collected for each certificate of title, | 13 | | duplicate certificate of
title and corrected certificate of | 14 | | title, $0.50 shall be deposited into the
Used Tire Management | 15 | | Fund. Beginning January 1, 1990 and concluding
December 31, | 16 | | 1994, of the money collected for each certificate of title,
| 17 | | duplicate certificate of title and corrected certificate of | 18 | | title, $1.50
shall be deposited in the Park and Conservation | 19 | | Fund.
| 20 | | Beginning January 1, 1995, of the money collected for each | 21 | | certificate of
title, duplicate certificate of title and | 22 | | corrected certificate of title, $2
shall be deposited in the | 23 | | Park and Conservation Fund. The moneys deposited in
the Park |
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| 1 | | and Conservation Fund pursuant to this Section shall be used | 2 | | for the
acquisition and development of bike paths as provided | 3 | | for in Section 805-420 of
the Department of Natural Resources | 4 | | (Conservation) Law (20 ILCS 805/805-420).
| 5 | | Beginning January 1, 2000, of
the
moneys collected for each | 6 | | certificate of title, duplicate certificate of title,
and | 7 | | corrected certificate of title, $48 shall be deposited into the | 8 | | Road Fund
and $4 shall be deposited into the Motor Vehicle | 9 | | License Plate Fund, except
that if the balance in the Motor | 10 | | Vehicle License Plate Fund exceeds $40,000,000
on the last day | 11 | | of a calendar month, then during the next calendar month the $4
| 12 | | shall instead be deposited into the Road Fund.
| 13 | | Beginning January 1, 2005, of the moneys collected for each | 14 | | delinquent vehicle registration renewal fee, $20 shall be | 15 | | deposited into the General Revenue Fund. | 16 | | Beginning January 1, 2013, the moneys collected for each | 17 | | delinquent vehicle dealer transfer fee shall be deposited into | 18 | | the Motor Vehicle License Plate Fund. | 19 | | Except as otherwise provided in this Code, all remaining | 20 | | moneys collected
for certificates of title, and all moneys | 21 | | collected for filing of security
interests, shall be placed in | 22 | | the General Revenue Fund in the State Treasury.
| 23 | | (c) All moneys collected for that portion of a driver's | 24 | | license fee
designated for driver education under Section 6-118 | 25 | | shall be placed in
the Driver Education Fund in the State | 26 | | Treasury.
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| 1 | | (d) Beginning January 1, 1999, of the monies collected as a | 2 | | registration
fee for each motorcycle, motor driven cycle and | 3 | | moped, 27%
of each annual registration fee for such vehicle and | 4 | | 27% of each semiannual
registration fee for such vehicle is | 5 | | deposited in the Cycle Rider Safety
Training Fund.
| 6 | | (e) Of the monies received by the Secretary of State as | 7 | | registration
fees or taxes or as payment of any other fee, as | 8 | | provided in this Act, except
fees received by the Secretary | 9 | | under paragraph (7) of subsection (b) of Section
5-101 and | 10 | | Section 5-109 of this Code, 37% shall be deposited into the | 11 | | State
Construction Fund.
| 12 | | (f) Of the total money collected for a CDL instruction | 13 | | permit or
original or renewal issuance of a commercial driver's | 14 | | license (CDL)
pursuant to the Uniform Commercial Driver's | 15 | | License Act (UCDLA): (i) $6 of the
total fee for an original or | 16 | | renewal CDL, and $6 of the total CDL
instruction permit fee | 17 | | when such permit is issued to any person holding a
valid | 18 | | Illinois driver's license, shall be paid into the | 19 | | CDLIS/AAMVAnet
Trust Fund (Commercial Driver's License | 20 | | Information System/American
Association of Motor Vehicle | 21 | | Administrators network Trust Fund) and shall
be used for the | 22 | | purposes provided in Section 6z-23 of the State Finance Act
and | 23 | | (ii) $20 of the total fee for an original or renewal CDL or | 24 | | commercial
driver instruction permit shall be paid
into the | 25 | | Motor Carrier Safety Inspection Fund, which is hereby created | 26 | | as a
special fund in the State Treasury, to be used by
the |
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| 1 | | Department
of State Police, subject to appropriation, to hire | 2 | | additional officers to
conduct motor carrier safety
| 3 | | inspections
pursuant to Chapter 18b of this Code.
| 4 | | (g) All remaining moneys received by the Secretary of State | 5 | | as
registration fees or taxes or as payment of any other fee, | 6 | | as provided in
this Act, except fees received by the Secretary | 7 | | under paragraph (7)(A) of
subsection (b) of Section 5-101 and | 8 | | Section 5-109 of this Code,
shall be deposited in the Road Fund | 9 | | in the State Treasury. Moneys
in the Road Fund shall be used | 10 | | for the purposes provided in
Section 8.3 of the State Finance | 11 | | Act.
| 12 | | (h) (Blank).
| 13 | | (i) (Blank).
| 14 | | (j) (Blank).
| 15 | | (k) There is created in the State Treasury a special fund | 16 | | to be known as
the Secretary of State Special License Plate | 17 | | Fund. Money deposited into the
Fund shall, subject to | 18 | | appropriation, be used by the Office of the Secretary
of State | 19 | | (i) to help defray plate manufacturing and plate processing | 20 | | costs
for the issuance and, when applicable, renewal of any new | 21 | | or existing
registration plates authorized under this Code and | 22 | | (ii) for grants made by the
Secretary of State to benefit | 23 | | Illinois Veterans Home libraries.
| 24 | | On or before October 1, 1995, the Secretary of State shall | 25 | | direct the
State Comptroller and State Treasurer to transfer | 26 | | any unexpended balance in
the Special Environmental License |
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| 1 | | Plate Fund, the Special Korean War Veteran
License Plate Fund, | 2 | | and the Retired Congressional License Plate Fund to the
| 3 | | Secretary of State Special License Plate Fund.
| 4 | | (l) The Motor Vehicle Review Board Fund is created as a | 5 | | special fund in
the State Treasury. Moneys deposited into the | 6 | | Fund under paragraph (7) of
subsection (b) of Section 5-101 and | 7 | | Section 5-109 shall,
subject to appropriation, be used by the | 8 | | Office of the Secretary of State to
administer the Motor | 9 | | Vehicle Review Board, including without
limitation payment of | 10 | | compensation and all necessary expenses incurred in
| 11 | | administering the Motor Vehicle Review Board under the Motor | 12 | | Vehicle Franchise
Act.
| 13 | | (m) Effective July 1, 1996, there is created in the State
| 14 | | Treasury a special fund to be known as the Family | 15 | | Responsibility Fund. Moneys
deposited into the Fund shall, | 16 | | subject to appropriation, be used by the Office
of the | 17 | | Secretary of State for the purpose of enforcing the Family | 18 | | Financial
Responsibility Law.
| 19 | | (n) The Illinois Fire Fighters' Memorial Fund is created as | 20 | | a special
fund in the State Treasury. Moneys deposited into the | 21 | | Fund shall, subject
to appropriation, be used by the Office of | 22 | | the State Fire Marshal for
construction of the Illinois Fire | 23 | | Fighters' Memorial to be located at the
State Capitol grounds | 24 | | in Springfield, Illinois. Upon the completion of the
Memorial, | 25 | | moneys in the Fund shall be used in accordance with Section | 26 | | 3-634.
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| 1 | | (o) Of the money collected for each certificate of title | 2 | | for all-terrain
vehicles and off-highway motorcycles, $17 | 3 | | shall be deposited into the
Off-Highway Vehicle Trails Fund.
| 4 | | (p) For audits conducted on or after July 1, 2003 pursuant | 5 | | to Section
2-124(d) of this Code, 50% of the money collected as | 6 | | audit fees shall be
deposited
into the General Revenue Fund.
| 7 | | (Source: P.A. 96-554, eff. 1-1-10.)
| 8 | | (625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
| 9 | | Sec. 3-104. Application for certificate of title.
| 10 | | (a) The application for a certificate of title for a | 11 | | vehicle in this
State must be made by the owner to the | 12 | | Secretary of State on the form
prescribed and must contain:
| 13 | | 1. The name, Illinois residence and mail address of the | 14 | | owner;
| 15 | | 2. A description of the vehicle including, so far as | 16 | | the following
data exists: Its make, year-model, | 17 | | identifying number, type of body,
whether new or used, as | 18 | | to house trailers as
defined in Section 1-128 of this Code, | 19 | | the square footage of the house
trailer based upon the | 20 | | outside dimensions of the house trailer excluding
the | 21 | | length of the tongue and hitch, and, as to vehicles of the
| 22 | | second division, whether for-hire, not-for-hire, or both | 23 | | for-hire and
not-for-hire;
| 24 | | 3. The date of purchase by applicant and, if | 25 | | applicable, the name and
address of the person from whom |
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| 1 | | the vehicle was acquired and the names and
addresses of any | 2 | | lienholders in the order of their priority and signatures | 3 | | of
owners;
| 4 | | 4. The current odometer reading at the time of transfer | 5 | | and that the
stated odometer reading is one of the | 6 | | following: actual mileage, not
the actual mileage or | 7 | | mileage is in excess of its mechanical limits; and
| 8 | | 5. Any further information the Secretary of State | 9 | | reasonably
requires to identify the vehicle and to enable | 10 | | him to determine whether
the owner is entitled to a | 11 | | certificate of title and the existence or
nonexistence of | 12 | | security interests in the vehicle. | 13 | | (a-5) The Secretary of State shall designate on the | 14 | | prescribed application form a space where the owner of a | 15 | | vehicle may designate a beneficiary, to whom ownership of the | 16 | | vehicle shall pass in the event of the owner's death.
| 17 | | (b) If the application refers to a vehicle purchased from a | 18 | | dealer,
it must also be signed by the dealer as well as the | 19 | | owner, and the dealer must
promptly mail or deliver the | 20 | | application and required documents to the
Secretary of State.
| 21 | | (c) If the application refers to a vehicle last previously
| 22 | | registered in another State or country, the application must | 23 | | contain or
be accompanied by:
| 24 | | 1. Any certified document of ownership so recognized | 25 | | and issued by
the other State or country and acceptable to | 26 | | the Secretary of State, and
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| 1 | | 2. Any other information and documents the Secretary of | 2 | | State
reasonably requires to establish the ownership of the | 3 | | vehicle and the
existence or nonexistence of security | 4 | | interests in it.
| 5 | | (d) If the application refers to a new vehicle it must be
| 6 | | accompanied by the Manufacturer's Statement of Origin, or other | 7 | | documents
as required and acceptable by the Secretary of State, | 8 | | with such
assignments as may be necessary to show title in the | 9 | | applicant.
| 10 | | (e) If an application refers to a vehicle rebuilt from a | 11 | | vehicle
previously salvaged, that application shall comply | 12 | | with the provisions
set forth in Sections 3-302 through 3-304 | 13 | | of this Code.
| 14 | | (f) An application for a certificate of title for any | 15 | | vehicle,
whether purchased in Illinois or outside Illinois, and | 16 | | even if
previously registered in another State, must be | 17 | | accompanied by either an
exemption determination from the | 18 | | Department of Revenue showing that no
tax imposed pursuant to | 19 | | the Use Tax Act or the vehicle use tax imposed by
Section | 20 | | 3-1001 of the Illinois Vehicle Code is owed by anyone with | 21 | | respect to
that vehicle, or a receipt from the Department of | 22 | | Revenue showing that any tax
so imposed has been paid. An | 23 | | application for a certificate of title for any
vehicle | 24 | | purchased outside Illinois, even if previously registered in | 25 | | another
state, must be accompanied by either an exemption | 26 | | determination from the
Department of Revenue showing that no |
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| 1 | | tax imposed pursuant to the Municipal Use
Tax Act or the County | 2 | | Use Tax Act is owed by anyone with respect to that
vehicle, or | 3 | | a receipt from the Department of Revenue showing that any tax | 4 | | so
imposed has been paid. In the absence of such a receipt for | 5 | | payment or
determination of exemption from the Department, no | 6 | | certificate of title shall
be issued to the applicant.
| 7 | | If the proof of payment of the tax or of nonliability | 8 | | therefor is,
after the issuance of the certificate of title and | 9 | | display certificate
of title, found to be invalid, the | 10 | | Secretary of State shall revoke the
certificate and require | 11 | | that the certificate of title and, when
applicable, the display | 12 | | certificate of title be returned to him.
| 13 | | (g) If the application refers to a vehicle not manufactured | 14 | | in
accordance with federal safety and emission standards, the | 15 | | application must
be accompanied by all documents required by | 16 | | federal governmental
agencies to meet their standards before a | 17 | | vehicle is allowed to be issued
title and registration.
| 18 | | (h) If the application refers to a vehicle sold at public | 19 | | sale by a
sheriff, it must be accompanied by the required fee | 20 | | and a bill of sale
issued and signed by a sheriff. The bill of | 21 | | sale must identify the new
owner's name and address, the year | 22 | | model, make and vehicle identification
number of the vehicle, | 23 | | court order document number authorizing such sale,
if | 24 | | applicable, and the name and address of any lienholders in | 25 | | order of
priority, if applicable.
| 26 | | (i) If the application refers to a vehicle for which a |
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| 1 | | court of law
determined the ownership, it must be accompanied | 2 | | with a certified copy of
such court order and the required fee. | 3 | | The court order must indicate the
new owner's name and address, | 4 | | the complete description of the vehicle, if
known, the name and | 5 | | address of the lienholder, if any, and must be signed
and dated | 6 | | by the judge issuing such order.
| 7 | | (j) If the application refers to a vehicle sold at public | 8 | | auction pursuant
to the Labor and Storage Lien (Small Amount) | 9 | | Act, it must be
accompanied by an affidavit or affirmation | 10 | | furnished by the Secretary of
State along with the
documents | 11 | | described in the affidavit or affirmation and the required fee.
| 12 | | (k) The Secretary may provide an expedited process for the | 13 | | issuance of vehicle titles. Expedited title applications must | 14 | | be delivered to the Secretary of State's Vehicle Services | 15 | | Department in Springfield by express mail service or hand | 16 | | delivery. Applications must be complete, including necessary | 17 | | forms, fees, and taxes. Applications received before noon on a | 18 | | business day will be processed and shipped that same day. | 19 | | Applications received after noon on a business day will be | 20 | | processed and shipped the next business day. The Secretary | 21 | | shall charge an additional fee of $30 for this service, and | 22 | | that fee shall cover the cost of return shipping via an express | 23 | | mail service. All fees collected by the Secretary of State for | 24 | | expedited services shall be deposited into the Motor Vehicle | 25 | | License Plate Fund. In the event the Vehicle Services | 26 | | Department determines that the volume of expedited title |
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| 1 | | requests received on a given day exceeds the ability of the | 2 | | Vehicle Services Department to process those requests in an | 3 | | expedited manner, the Vehicle Services Department may decline | 4 | | to provide expedited services, and the additional fee for the | 5 | | expedited service shall be refunded to the applicant. | 6 | | (l) If the application refers to a homemade trailer, (i) it | 7 | | must be accompanied by the appropriate documentation regarding | 8 | | the source of materials used in the construction of the | 9 | | trailer, as required by the Secretary of State, (ii) the | 10 | | trailer must be inspected by a Secretary of State employee | 11 | | investigator, as described in Section 2-115 of this Code, prior | 12 | | to the issuance of the title, and (iii) upon approval of the | 13 | | Secretary of State, the trailer must have a vehicle | 14 | | identification number, as provided by the Secretary of State, | 15 | | stamped or riveted to the frame. | 16 | | (Source: P.A. 95-784, eff. 1-1-09; 96-519, eff. 1-1-10; 96-554, | 17 | | eff. 1-1-10; 96-1000, eff. 7-2-10.)
| 18 | | (625 ILCS 5/3-113) (from Ch. 95 1/2, par. 3-113) | 19 | | Sec. 3-113. Transfer to or from dealer; records.
| 20 | | (a) After a dealer buys a vehicle and holds it for resale, | 21 | | the
dealer must procure the
certificate of title from the owner | 22 | | or the lienholder. The dealer may hold
the certificate until he | 23 | | or she transfers the vehicle to another person.
Upon | 24 | | transferring the vehicle to another person,
the dealer shall | 25 | | promptly and within 20
days
execute the assignment and warranty |
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| 1 | | of title by a dealer, showing the names and
addresses of the | 2 | | transferee and of any lienholder holding a security interest
| 3 | | created or reserved at the time of the resale, in the spaces | 4 | | provided therefor
on the certificate or as the Secretary of | 5 | | State prescribes, and mail or deliver
the certificate to the | 6 | | Secretary of State with the transferee's application for
a new | 7 | | certificate, except as provided in Section 3-117.2.
A dealer | 8 | | has complied with this Section if the date of the mailing of | 9 | | the certificate, as indicated by the postmark, is within 20 | 10 | | days of the date on which the vehicle was transferred to | 11 | | another person.
| 12 | | (b) The Secretary of State may decline to process any | 13 | | application for a
transfer of an interest in a vehicle if any | 14 | | fees or taxes due under this
Code from the transferor or the | 15 | | transferee have not been paid upon
reasonable notice and | 16 | | demand.
| 17 | | (c) Any person who violates this Section shall be guilty of | 18 | | a petty offense.
| 19 | | (d) Beginning January 1, 2013, the Secretary is authorized | 20 | | to impose a delinquent vehicle dealer transfer fee of $20 if | 21 | | the certificate of title is received by the Secretary 30 days | 22 | | after the date of sale. If the certificate of title is received | 23 | | by the Secretary from the dealer 60 days after the date of | 24 | | sale, the delinquent vehicle dealer transfer fee shall be $35. | 25 | | If the certificate of title is received by the Secretary from | 26 | | the dealer 90 days after the date of sale, the delinquent |
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| 1 | | vehicle dealer transfer free shall be $65. If the certificate | 2 | | of title is received by the Secretary from the dealer 120 days | 3 | | or more after the date of the sale, the delinquent vehicle | 4 | | dealer transfer fee shall be $100. | 5 | | (Source: P.A. 94-239, eff. 1-1-06; 95-284, eff. 1-1-08.)
| 6 | | (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
| 7 | | Sec. 3-821. Miscellaneous Registration and Title Fees.
| 8 | | (a) The fee to be paid to the Secretary of State for the | 9 | | following
certificates, registrations or evidences of proper | 10 | | registration, or for
corrected or duplicate documents shall be | 11 | | in accordance with the following
schedule:
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12 | | Certificate of Title, except for an all-terrain |
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13 | | vehicle or off-highway motorcycle |
$95 |
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14 | | Certificate of Title for an all-terrain vehicle |
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15 | | or off-highway motorcycle |
$30 |
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16 | | Certificate of Title for an all-terrain
vehicle |
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17 | | or off-highway motorcycle used for production |
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18 | | agriculture, or accepted by a dealer in trade | 13 | |
19 | | Certificate of Title for a low-speed vehicle | 30 |
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20 | | Transfer of Registration or any evidence of |
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21 | | proper registration
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$25 |
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22 | | Duplicate Registration Card for plates or other |
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23 | | evidence of proper registration |
3 |
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24 | | Duplicate Registration Sticker or Stickers, each | 20 |
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25 | | Duplicate Certificate of Title |
95 |
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| 1 | | Corrected Registration Card or Card for other |
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2 | | evidence of proper registration |
3 |
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3 | | Corrected Certificate of Title |
95 |
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4 | | Salvage Certificate |
4 |
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5 | | Fleet Reciprocity Permit |
15 |
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6 | | Prorate Decal |
1 |
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7 | | Prorate Backing Plate |
3 |
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8 | | Special Corrected Certificate of Title | 15
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9 | | Expedited Title Service (to be charged in addition | 10 | | to other applicable fees) | 30 | |
11 | | Dealer Lien Release Certificate of Title | 20 |
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12 | | A special corrected certificate of title shall be issued | 13 | | (i) to remove a co-owner's name due to the death of the | 14 | | co-owner or due to a divorce or (ii) to change a co-owner's | 15 | | name due to a marriage.
| 16 | | There shall be no fee paid for a Junking Certificate.
| 17 | | There shall be no fee paid for a certificate of title | 18 | | issued to a county when the vehicle is forfeited to the county | 19 | | under Article 36 of the Criminal Code of 1961. | 20 | | (a-5) The Secretary of State may revoke a certificate of | 21 | | title and registration card and issue a corrected certificate | 22 | | of title and registration card, at no fee to the vehicle owner | 23 | | or lienholder, if there is proof that the vehicle | 24 | | identification number is erroneously shown on the original | 25 | | certificate of title.
| 26 | | (a-10) The Secretary of State may issue, in connection with |
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| 1 | | the sale of a motor vehicle, a corrected title to a motor | 2 | | vehicle dealer upon application and submittal of a lien release | 3 | | letter from the lienholder listed in the files of the | 4 | | Secretary. In the case of a title issued by another state, the | 5 | | dealer must submit proof from the state that issued the last | 6 | | title. The corrected title, which shall be known as a dealer | 7 | | lien release certificate of title, shall be issued in the name | 8 | | of the vehicle owner without the named lienholder. If the motor | 9 | | vehicle is currently titled in a state other than Illinois, the | 10 | | applicant must submit either (i) a letter from the current | 11 | | lienholder releasing the lien and stating that the lienholder | 12 | | has possession of the title; or (ii) a letter from the current | 13 | | lienholder releasing the lien and a copy of the records of the | 14 | | department of motor vehicles for the state in which the vehicle | 15 | | is titled, showing that the vehicle is titled in the name of | 16 | | the applicant and that no liens are recorded other than the | 17 | | lien for which a release has been submitted. The fee for the | 18 | | dealer lien release certificate of title is $20. | 19 | | (b) The Secretary may prescribe the maximum service charge | 20 | | to be
imposed upon an applicant for renewal of a registration | 21 | | by any person
authorized by law to receive and remit or | 22 | | transmit to the Secretary such
renewal application and fees | 23 | | therewith.
| 24 | | (c) If a check is delivered to the Office of the Secretary | 25 | | of State
as payment of any fee or tax under this Code, and such | 26 | | check is not
honored by the bank on which it is drawn for any |
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| 1 | | reason, the registrant
or other person tendering the check | 2 | | remains liable for the payment of
such fee or tax. The | 3 | | Secretary of State may assess a service charge of
$19
in | 4 | | addition to the fee or tax due and owing for all dishonored
| 5 | | checks.
| 6 | | If the total amount then due and owing exceeds the sum of | 7 | | $50 and
has not been paid in full within 60 days from the date | 8 | | such fee or tax
became due to the Secretary of State, the | 9 | | Secretary of State shall
assess a penalty of 25% of such amount | 10 | | remaining unpaid.
| 11 | | All amounts payable under this Section shall be computed to | 12 | | the
nearest dollar.
| 13 | | (d) The minimum fee and tax to be paid by any applicant for
| 14 | | apportionment of a fleet of vehicles under this Code shall be | 15 | | $15
if the application was filed on or before the date | 16 | | specified by the
Secretary together with fees and taxes due. If | 17 | | an application and the
fees or taxes due are filed after the | 18 | | date specified by the Secretary,
the Secretary may prescribe | 19 | | the payment of interest at the rate of 1/2
of 1% per month or | 20 | | fraction thereof after such due date and a minimum of
$8.
| 21 | | (e) Trucks, truck tractors, truck tractors with loads, and | 22 | | motor buses,
any one of which having a combined total weight in | 23 | | excess of 12,000 lbs.
shall file an application for a Fleet | 24 | | Reciprocity Permit issued by the
Secretary of State. This | 25 | | permit shall be in the possession of any driver
operating a | 26 | | vehicle on Illinois highways. Any foreign licensed vehicle of |
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| 1 | | the
second division operating at any time in Illinois without a | 2 | | Fleet Reciprocity
Permit or other proper Illinois | 3 | | registration, shall subject the operator to the
penalties | 4 | | provided in Section 3-834 of this Code. For the purposes of | 5 | | this
Code, "Fleet Reciprocity Permit" means any second division | 6 | | motor vehicle with a
foreign license and used only in | 7 | | interstate transportation of goods. The fee
for such permit | 8 | | shall be $15 per fleet which shall include all
vehicles of the | 9 | | fleet being registered.
| 10 | | (f) For purposes of this Section, "all-terrain vehicle or | 11 | | off-highway
motorcycle used for production agriculture" means | 12 | | any all-terrain vehicle or
off-highway motorcycle used in the | 13 | | raising
of or the propagation of livestock, crops for sale for | 14 | | human consumption,
crops for livestock consumption, and | 15 | | production seed stock grown for the
propagation of feed grains | 16 | | and the husbandry of animals or for the purpose
of providing a | 17 | | food product, including the husbandry of blood stock as a
main | 18 | | source of providing a food product.
"All-terrain vehicle or | 19 | | off-highway motorcycle used in production agriculture"
also | 20 | | means any all-terrain vehicle or off-highway motorcycle used in | 21 | | animal
husbandry, floriculture, aquaculture, horticulture, and | 22 | | viticulture.
| 23 | | (g) All of the proceeds of the additional fees imposed by | 24 | | Public Act 96-34 shall be deposited into the Capital Projects | 25 | | Fund. | 26 | | (Source: P.A. 95-287, eff. 1-1-08; 96-34, eff. 7-13-09; 96-554, |
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| 1 | | eff. 1-1-10; 96-653, eff. 1-1-10; 96-1000, eff. 7-2-10; | 2 | | 96-1274, eff. 7-26-10.)
| 3 | | (625 ILCS 5/5-501) (from Ch. 95 1/2, par. 5-501)
| 4 | | Sec. 5-501. Denial, suspension or revocation or | 5 | | cancellation of a license. | 6 | | (a) The license of a person issued under this Chapter may | 7 | | be denied,
revoked or suspended if the Secretary of State finds | 8 | | that the applicant,
or the officer, director, shareholder | 9 | | having a ten percent or
greater ownership interest in the | 10 | | corporation, owner, partner, trustee,
manager, employee or the | 11 | | licensee
has:
| 12 | | 1. Violated this Act;
| 13 | | 2. Made any material misrepresentation to the | 14 | | Secretary of State in
connection with an application for a | 15 | | license, junking certificate,
salvage certificate, title | 16 | | or registration;
| 17 | | 3. Committed a fraudulent act in connection with | 18 | | selling,
bartering, exchanging, offering for sale or | 19 | | otherwise dealing in
vehicles, chassis, essential parts, | 20 | | or vehicle shells;
| 21 | | 4. As a new vehicle dealer has no contract with a | 22 | | manufacturer or
enfranchised distributor to sell that new | 23 | | vehicle in this State;
| 24 | | 5. Not maintained an established place of business as | 25 | | defined in
this Code;
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| 1 | | 6. Failed to file or produce for the Secretary of State | 2 | | any
application, report, document or other pertinent | 3 | | books, records,
documents, letters, contracts, required to | 4 | | be filed or produced under
this Code or any rule or | 5 | | regulation made by the Secretary of State
pursuant to this | 6 | | Code;
| 7 | | 7. Previously had, within 3 years, such a license | 8 | | denied, suspended,
revoked, or cancelled under the | 9 | | provisions of subsection (c)(2)
of this Section;
| 10 | | 8. Has committed in any calendar year 3 or more | 11 | | violations, as
determined in any civil or criminal | 12 | | proceeding, of any one or more of
the following Acts:
| 13 | | a. the "Consumer Finance Act";
| 14 | | b. the "Consumer Installment Loan Act";
| 15 | | c. the "Retail Installment Sales Act";
| 16 | | d. the "Motor Vehicle Retail Installment Sales | 17 | | Act";
| 18 | | e. "An Act in relation to the rate of interest and | 19 | | other charges in
connection with sales on credit and | 20 | | the lending of money", approved May
24, 1879, as | 21 | | amended;
| 22 | | f. "An Act to promote the welfare of wage-earners | 23 | | by regulating the
assignment of wages, and prescribing | 24 | | a penalty for the violation
thereof", approved July 1, | 25 | | 1935, as amended;
| 26 | | g. Part 8 of Article XII of the Code of Civil |
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| 1 | | Procedure; or
| 2 | | h. the "Consumer Fraud Act";
| 3 | | 9. Failed to pay any fees or taxes due under this Act, | 4 | | or has
failed to transmit any fees or taxes received by him | 5 | | for transmittal by
him to the Secretary of State or the | 6 | | State of Illinois;
| 7 | | 10. Converted an abandoned vehicle;
| 8 | | 11. Used a vehicle identification plate or number | 9 | | assigned to a
vehicle other than the one to which | 10 | | originally assigned;
| 11 | | 12. Violated the provisions of Chapter 5 of this Act, | 12 | | as amended;
| 13 | | 13. Violated the provisions of Chapter 4 of this Act, | 14 | | as amended;
| 15 | | 14. Violated the provisions of Chapter 3 of this Act, | 16 | | as amended;
| 17 | | 15. Violated Section 21-2 of the Criminal Code of 1961, | 18 | | Criminal Trespass
to Vehicles;
| 19 | | 16. Made or concealed a material fact in connection | 20 | | with his application
for a license;
| 21 | | 17. Acted in the capacity of a person licensed or acted | 22 | | as a licensee
under this Chapter without having a license | 23 | | therefor;
| 24 | | 18. Failed to pay, within 90 days after a final | 25 | | judgment, any fines
assessed against the licensee pursuant | 26 | | to an action brought under Section 5-404;
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| 1 | | 19. Failed to pay the Dealer Recovery Trust Fund fee | 2 | | under Section 5-102.7 of this Code ; . | 3 | | 20. Failed to pay, within 90 days after notice has been | 4 | | given, any fine or fee owed as a result of an | 5 | | administrative citation issued by the Secretary under this | 6 | | Code. | 7 | | (b) In addition to other grounds specified in this Chapter, | 8 | | the
Secretary of State, on complaint of the Department of | 9 | | Revenue, shall
refuse the issuance or renewal of a license, or | 10 | | suspend or revoke such
license, for any of the following | 11 | | violations of the "Retailers'
Occupation Tax Act":
| 12 | | 1. Failure to make a tax return;
| 13 | | 2. The filing of a fraudulent return;
| 14 | | 3. Failure to pay all or part of any tax or penalty | 15 | | finally
determined to be due;
| 16 | | 4. Failure to comply with the bonding requirements of | 17 | | the
"Retailers' Occupation Tax Act".
| 18 | | (b-1) In addition to other grounds specified in this | 19 | | Chapter, the
Secretary of State, on complaint of the Motor | 20 | | Vehicle Review Board, shall
refuse the issuance or renewal of a | 21 | | license, or suspend or revoke that
license, if costs or fees | 22 | | assessed under Section 29 or Section 30 of the Motor Vehicle | 23 | | Franchise Act have remained unpaid for a period in excess of 90 | 24 | | days after the licensee received from the Motor Vehicle Board a | 25 | | second notice and demand for the costs or fees. The Motor | 26 | | Vehicle Review Board must send the licensee written notice and |
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| 1 | | demand for payment of the fees or costs at least 2 times, and | 2 | | the second notice and demand must be sent by certified mail.
| 3 | | (c) Cancellation of a license.
| 4 | | 1. The license of a person issued under this Chapter | 5 | | may be cancelled
by the Secretary of State prior to its | 6 | | expiration in any of the following
situations:
| 7 | | A. When a license is voluntarily surrendered, by | 8 | | the licensed person;
or
| 9 | | B. If the business enterprise is a sole | 10 | | proprietorship, which is not a
franchised dealership, | 11 | | when the sole proprietor dies or is imprisoned for
any | 12 | | period of time exceeding 30 days; or
| 13 | | C. If the license was issued to the wrong person or | 14 | | corporation, or
contains an error on its face. If any | 15 | | person above whose license
has been cancelled wishes to | 16 | | apply for another license, whether during the
same | 17 | | license year or any other year, that person shall be | 18 | | treated as any
other new applicant and the cancellation | 19 | | of the person's prior license
shall not, in and of | 20 | | itself, be a bar to the issuance of a new license.
| 21 | | 2. The license of a person issued under this Chapter | 22 | | may be cancelled
without a hearing when the Secretary of | 23 | | State is notified that the
applicant, or any officer, | 24 | | director, shareholder having a 10 per cent or
greater | 25 | | ownership interest in the corporation, owner, partner, | 26 | | trustee,
manager, employee or member of the applicant or |
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| 1 | | the licensee has been
convicted of any felony involving the | 2 | | selling, bartering, exchanging,
offering for sale, or | 3 | | otherwise dealing in vehicles, chassis, essential
parts, | 4 | | vehicle shells, or ownership documents relating to any of | 5 | | the
above items.
| 6 | | (Source: P.A. 97-480, eff. 10-1-11.)
| 7 | | (625 ILCS 5/5-503) (from Ch. 95 1/2, par. 5-503)
| 8 | | Sec. 5-503.
Failure to obtain dealer's license, operation | 9 | | of a business
with a suspended or revoked license. (a) Any | 10 | | person operating a business
for which he is required to be | 11 | | licensed under Section 5-101, 5-102, 5-201
or 5-301 who fails | 12 | | to apply for such a license or licenses within 15 days
after | 13 | | being informed in writing by the Secretary of State that he | 14 | | must obtain
such a license or licenses is subject to a civil | 15 | | action brought by the
Secretary of State for operating a | 16 | | business without a license in the
circuit court in the county | 17 | | in which the business is located. If the
person is found to be | 18 | | in violation of Section 5-101, 5-102, 5-201 or 5-301
by | 19 | | carrying on a business without being properly licensed, that | 20 | | person
shall be fined $500 $300 for each business day he | 21 | | conducted his business without
such a license after the | 22 | | expiration of the 15 day period specified in this
subsection | 23 | | (a).
| 24 | | (b) Any person who, having had his license or licenses | 25 | | issued under Section
5-101, 5-102, 5-201 or 5-301 suspended, |
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| 1 | | revoked, cancelled or denied by the
Secretary of State under | 2 | | Section 5-501, continues to operate business after
the | 3 | | effective date of such revocation, suspension, cancellation or | 4 | | denial
may be sued in a civil action by the Secretary of State | 5 | | in the county in
which the established or additional place of | 6 | | such business is located. If
such person is found by the court | 7 | | to have operated such a business after
the license or licenses | 8 | | required for conducting such
business have been suspended, | 9 | | revoked, cancelled or denied, that person
shall be fined $1,000 | 10 | | $500 for each day he conducted business thereafter.
| 11 | | (Source: P.A. 86-444.)
| 12 | | (625 ILCS 5/5-801) (from Ch. 95 1/2, par. 5-801)
| 13 | | Sec. 5-801. Criminal penalties Penalties . Any person who | 14 | | violates any of the provisions of this Chapter, except a person | 15 | | who violates a provision for which a different criminal penalty | 16 | | is indicated, shall be
guilty of a Class A misdemeanor. Any | 17 | | person who violates any provisions
of Section 5-701 shall be | 18 | | guilty of a Class 3 felony.
| 19 | | (Source: P.A. 95-51, eff. 1-1-08.)
| 20 | | (625 ILCS 5/5-803 new) | 21 | | Sec. 5-803. Administrative penalties. Instead of filing a | 22 | | criminal complaint against a new or used vehicle dealer, or | 23 | | against any other entity licensed by the Secretary under this | 24 | | Code, a Secretary of State Police investigator may issue |
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| 1 | | administrative citations for violations of any of the | 2 | | provisions of this Chapter or any administrative rule adopted | 3 | | by the Secretary under this Chapter. A party receiving a | 4 | | citation shall have the right to contest the citation in | 5 | | proceedings before the Secretary of State Department of | 6 | | Administrative Hearings. Penalties imposed by issuance of an | 7 | | administrative citation shall not exceed $50 per violation. A | 8 | | penalty may not be imposed unless, during the course of a | 9 | | single investigation or upon review of the party's records, the | 10 | | party is found to have committed at least 3 separate violations | 11 | | of one or more of the provisions of this Code or any | 12 | | administrative rule adopted by the Secretary under this Code. | 13 | | Penalties paid as a result of the issuance of administrative | 14 | | citations shall be deposited in the Secretary of State Police | 15 | | Services Fund.
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 625 ILCS 5/2-119 | from Ch. 95 1/2, par. 2-119 | | 4 | | 625 ILCS 5/3-104 | from Ch. 95 1/2, par. 3-104 | | 5 | | 625 ILCS 5/3-113 | from Ch. 95 1/2, par. 3-113 | | 6 | | 625 ILCS 5/3-821 | from Ch. 95 1/2, par. 3-821 | | 7 | | 625 ILCS 5/5-501 | from Ch. 95 1/2, par. 5-501 | | 8 | | 625 ILCS 5/5-503 | from Ch. 95 1/2, par. 5-503 | | 9 | | 625 ILCS 5/5-801 | from Ch. 95 1/2, par. 5-801 | | 10 | | 625 ILCS 5/5-803 new | |
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