Full Text of HB0364 99th General Assembly
HB0364 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB0364 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/3-801 | from Ch. 95 1/2, par. 3-801 | 625 ILCS 5/3-905 | from Ch. 95 1/2, par. 3-905 | 625 ILCS 5/15-314 | from Ch. 95 1/2, par. 15-314 |
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Amends the Illinois Vehicle Code. Allows the Secretary of State to decline to accept personal or company electronic payments for payment of fees and taxes on new resident vehicle registration applications submitted by mail (currently only payments made by personal or company check may be declined). Provides remittances made in the form of electronic payments which are payable directly to the Secretary of State or the Department of Revenue are not to be included in the determination of the aggregate sum of remittances for bond amounts required of licensed remitters submitting payments on behalf of other persons for registration plates, vehicle certificates of title, taxes, or registration fees (currently the provision only applies to remittances in the form of money orders or checks). Allows the Department of Transportation to charge a service fee of $3 for all dishonored payments returned for any reason for permits for operating or moving vehicles or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified by law (rather than just for returned checks).
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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 3-801, 3-905, and 15-314 as follows:
| 6 | | (625 ILCS 5/3-801) (from Ch. 95 1/2, par. 3-801)
| 7 | | Sec. 3-801. Registration. | 8 | | (a) Except as provided herein for new residents,
every | 9 | | owner of any vehicle which shall be operated upon the public | 10 | | highways
of this State shall, within 24 hours after becoming | 11 | | the owner or at such
time as such vehicle becomes subject to | 12 | | registration under the provisions
of this Act, file in an | 13 | | office of the Secretary of State, an application
for | 14 | | registration properly completed and executed. New residents | 15 | | need not secure
registration until 30 days after establishing | 16 | | residency in this State,
provided the vehicle is properly | 17 | | registered in another jurisdiction. By the
expiration of such | 18 | | 30 day statutory grace period, a new resident shall
comply with | 19 | | the provisions of this Act and apply for Illinois vehicle
| 20 | | registration. All applications for registration shall be | 21 | | accompanied by all
documentation required under the provisions | 22 | | of this Act. The appropriate
registration fees and taxes | 23 | | provided for in this Article of this Chapter
shall be paid to |
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| 1 | | the Secretary of State with the application for
registration of | 2 | | vehicles subject to registration under this Act.
| 3 | | (b) Any resident of this State, who has been serving as a | 4 | | member of the
United States Armed Services outside of the State | 5 | | of Illinois, need not
secure registration until 45 days after | 6 | | returning to this
State, provided the vehicle displays | 7 | | temporary military registration.
| 8 | | (c) When an application is submitted by mail, the applicant | 9 | | may not
submit cash or postage stamps for payment of fees or | 10 | | taxes due. The
Secretary in his discretion, may decline to | 11 | | accept a personal or company
check or electronic payment in | 12 | | payment of fees or taxes. An application submitted to a dealer, | 13 | | or
a remittance made to the Secretary of State shall be deemed | 14 | | in compliance
with this Section.
| 15 | | (Source: P.A. 85-1209.)
| 16 | | (625 ILCS 5/3-905) (from Ch. 95 1/2, par. 3-905)
| 17 | | Sec. 3-905. Bond; fee; duration of license. Such applicant | 18 | | shall,
with
his application, deposit with the Secretary of | 19 | | State a bond as hereinafter
provided, for each location at | 20 | | which the applicant intends to act as a
remittance agent. The | 21 | | application shall be accompanied by the payment of a
license | 22 | | fee in the sum of $50.00 (or $25.00 if such application is | 23 | | filed
after July 1) for each location at which he proposes to | 24 | | act as a remittance
agent. If the applicant shall have complied | 25 | | with all of the requirements of
this Section and the Secretary |
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| 1 | | of State shall find after investigation that
the applicant is | 2 | | financially sound and of good business integrity, he shall
| 3 | | issue the required license. Such license shall terminate on | 4 | | December 31 of
the year for which it is issued, but upon | 5 | | application prior to November 15
of any year for which a | 6 | | license is in effect may be renewed for the next
succeeding | 7 | | calendar year. Such application shall be accompanied by the
| 8 | | payment of an annual license fee of $50.00 for each location at | 9 | | which the
applicant proposes to act as a remittance agent and | 10 | | the posting of the bond
herein provided, for each such | 11 | | location.
| 12 | | The bond required by this Section shall be for the term of | 13 | | the
license, or renewal thereof, for which application is made, | 14 | | and 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, to be
approved by the Secretary of | 17 | | State. It shall be conditioned upon the
proper transmittal of | 18 | | all remittances by the applicant as a
remittance agent and the | 19 | | performance of all undertakings in connection
therewith. It | 20 | | shall be in the minimum sum of $10,000, or in an amount
equal | 21 | | to the aggregate sum of money transmitted to the State by
the | 22 | | applicant during the highest 15 day period in the fiscal
year
| 23 | | immediately preceding the one for which application is made | 24 | | (rounded to
the nearest $1,000), whichever is the greater. | 25 | | However, for the purpose
of determining the bond requirements | 26 | | hereunder, remittances made by
applicants in the form of money |
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| 1 | | orders , or checks , or electronic payments which are made | 2 | | payable
directly to the Secretary of State or the Illinois | 3 | | Department of
Revenue by the remitter, shall not be
considered | 4 | | in the aggregate. The bond requirement of this
Section shall | 5 | | not
apply to banks, savings and loan associations, and credit
| 6 | | unions chartered by the State
of Illinois or the United States; | 7 | | provided that the banks, savings
and
loan associations, and | 8 | | credit unions provide to the
Secretary of State an affidavit | 9 | | stating that
the bank, savings and loan association, or credit | 10 | | union is
sufficiently bonded to meet the
requirements as | 11 | | required above. Such affidavit shall be signed by an officer
of | 12 | | the bank, savings and loan association, or credit union and
| 13 | | shall be notarized.
| 14 | | (Source: P.A. 87-206; 88-470; 88-643, eff. 1-1-95.)
| 15 | | (625 ILCS 5/15-314) (from Ch. 95 1/2, par. 15-314)
| 16 | | Sec. 15-314. Payment of Fees. The Department shall | 17 | | prescribe the time
and method of payment of all appropriate | 18 | | fees authorized by Section 15-302
through 15-313.
| 19 | | The Department may, at its discretion, establish credit | 20 | | accounts with billing
to be made at intervals not exceeding one | 21 | | month.
| 22 | | Failure to pay invoices in full within a period of 30 days | 23 | | after the billing
date shall be sufficient cause for the | 24 | | Department to withhold issuance of
any further permits or | 25 | | credit to the individual, company, or subsidiary firm.
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| 1 | | The Department is authorized to charge a service fee of $3 | 2 | | for a dishonored payment check
returned for any reason. All | 3 | | money received by the
Department under the provisions of this | 4 | | Section shall be deposited in
the Road Fund. No refund shall be | 5 | | made to applicant following issuance
of a permit if move is not | 6 | | completed.
| 7 | | (Source: P.A. 81-199.)
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