Illinois General Assembly - Full Text of HB3797
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Full Text of HB3797  99th General Assembly

HB3797ham001 99TH GENERAL ASSEMBLY

Rep. Terri Bryant

Filed: 3/26/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3797

2    AMENDMENT NO. ______. Amend House Bill 3797 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 3-114 and 3-821 as follows:
 
6    (625 ILCS 5/3-114)  (from Ch. 95 1/2, par. 3-114)
7    Sec. 3-114. Transfer by operation of law.
8    (a) If the interest of an owner in a vehicle passes to
9another other than by voluntary transfer, the transferee shall,
10except as provided in paragraph (b), promptly mail or deliver
11within 20 days to the Secretary of State the last certificate
12of title, if available, proof of the transfer, and his
13application for a new certificate in the form the Secretary of
14State prescribes. It shall be unlawful for any person having
15possession of a certificate of title for a motor vehicle,
16semi-trailer, or house car by reason of his having a lien or

 

 

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1encumbrance on such vehicle, to fail or refuse to deliver such
2certificate to the owner, upon the satisfaction or discharge of
3the lien or encumbrance, indicated upon such certificate of
4title.
5    (b) If the interest of an owner in a vehicle passes to
6another under the provisions of the Small Estates provisions of
7the Probate Act of 1975 the transferee shall promptly mail or
8deliver to the Secretary of State, within 120 days, the last
9certificate of title, if available, the documentation required
10under the provisions of the Probate Act of 1975, and an
11application for certificate of title. The Small Estate
12Affidavit form shall be furnished by the Secretary of State.
13The transfer may be to the transferee or to the nominee of the
14transferee.
15    (c) If the interest of an owner in a vehicle passes to
16another under other provisions of the Probate Act of 1975, as
17amended, and the transfer is made by a representative or
18guardian, such transferee shall promptly mail or deliver to the
19Secretary of State, the last certificate of title, if
20available, and a certified copy of the letters of office or
21guardianship, and an application for certificate of title. Such
22application shall be made before the estate is closed. The
23transfer may be to the transferee or to the nominee of the
24transferee.
25    (d) If the interest of an owner in joint tenancy passes to
26the other joint tenant with survivorship rights as provided by

 

 

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1law, the transferee shall promptly mail or deliver to the
2Secretary of State, the last certificate of title, if
3available, proof of death of the one joint tenant and
4survivorship of the surviving joint tenant, and an application
5for certificate of title. Such application shall be made within
6120 days after the death of the joint tenant. The transfer may
7be to the transferee or to the nominee of the transferee.
8    (d-5) If the interest of an owner passes to the owner's
9spouse or if the spouse otherwise acquires ownership of the
10vehicle, then the transferee shall promptly mail or deliver to
11the Secretary of State, proof of (i) the owner's death; (ii)
12the transfer or acquisition of ownership; and (iii) proof of
13the martial relationship between the owner and the transferee,
14along with the last certificate of title, if available, and an
15application for certificate of title along with the appropriate
16fees and taxes, if applicable. The application shall be made
17within 180 days after the death of the owner.
18    (e) The Secretary of State shall transfer a decedent's
19vehicle title to any legatee, representative or heir of the
20decedent who submits to the Secretary a death certificate and
21an affidavit by an attorney at law on the letterhead stationery
22of the attorney at law stating the facts of the transfer.
23    (f) Repossession with assignment of title. In all cases
24wherein a lienholder has repossessed a vehicle by other than
25judicial process and holds it for resale under a security
26agreement, and the owner of record has executed an assignment

 

 

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1of the existing certificate of title after default, the
2lienholder may proceed to sell or otherwise dispose of the
3vehicle as authorized under the Uniform Commercial Code. Upon
4selling the vehicle to another person, the lienholder need not
5send the certificate of title to the Secretary of State, but
6shall promptly and within 20 days mail or deliver to the
7purchaser as transferee the existing certificate of title for
8the repossessed vehicle, reflecting the release of the
9lienholder's security interest in the vehicle. The application
10for a certificate of title made by the purchaser shall comply
11with subsection (a) of Section 3-104 and be accompanied by the
12existing certificate of title for the repossessed vehicle. The
13lienholder shall execute the assignment and warranty of title
14showing the name and address of the purchaser in the spaces
15provided therefor on the certificate of title or as the
16Secretary of State prescribes. The lienholder shall complete
17the assignment of title in the certificate of title to reflect
18the transfer of the vehicle to the lienholder and also a
19reassignment to reflect the transfer from the lienholder to the
20purchaser. For this purpose, the lienholder is specifically
21authorized to complete and execute the space reserved in the
22certificate of title for a dealer reassignment,
23notwithstanding that the lienholder is not a licensed dealer.
24Nothing herein shall be construed to mean that the lienholder
25is taking title to the repossessed vehicle for purposes of
26liability for retailer occupation, vehicle use, or other tax

 

 

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1with respect to the proceeds from the repossession sale.
2Delivery of the existing certificate of title to the purchaser
3shall be deemed disclosure to the purchaser of the owner of the
4vehicle.
5    (f-5) Repossession without assignment of title. Subject to
6subsection (f-30), in all cases wherein a lienholder has
7repossessed a vehicle by other than judicial process and holds
8it for resale under a security agreement, and the owner of
9record has not executed an assignment of the existing
10certificate of title, the lienholder shall comply with the
11following provisions:
12        (1) Prior to sale, the lienholder shall deliver or mail
13    to the owner at the owner's last known address and to any
14    other lienholder of record, a notice of redemption setting
15    forth the following information: (i) the name of the owner
16    of record and in bold type at or near the top of the notice
17    a statement that the owner's vehicle was repossessed on a
18    specified date for failure to make payments on the loan (or
19    other reason), (ii) a description of the vehicle subject to
20    the lien sufficient to identify it, (iii) the right of the
21    owner to redeem the vehicle, (iv) the lienholder's intent
22    to sell or otherwise dispose of the vehicle after the
23    expiration of 21 days from the date of mailing or delivery
24    of the notice, and (v) the name, address, and telephone
25    number of the lienholder from whom information may be
26    obtained concerning the amount due to redeem the vehicle

 

 

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1    and from whom the vehicle may be redeemed under Section
2    9-623 of the Uniform Commercial Code. At the lienholder's
3    option, the information required to be set forth in this
4    notice of redemption may be made a part of or accompany the
5    notification of sale or other disposition required under
6    Section 9-611 of the Uniform Commercial Code, but none of
7    the information required by this notice shall be construed
8    to impose any requirement under Article 9 of the Uniform
9    Commercial Code.
10        (2) With respect to the repossession of a vehicle used
11    primarily for personal, family, or household purposes, the
12    lienholder shall also deliver or mail to the owner at the
13    owner's last known address an affidavit of defense. The
14    affidavit of defense shall accompany the notice of
15    redemption required in subdivision (f-5)(1) of this
16    Section. The affidavit of defense shall (i) identify the
17    lienholder, owner, and the vehicle; (ii) provide space for
18    the owner to state the defense claimed by the owner; and
19    (iii) include an acknowledgment by the owner that the owner
20    may be liable to the lienholder for fees, charges, and
21    costs incurred by the lienholder in establishing the
22    insufficiency or invalidity of the owner's defense. To stop
23    the transfer of title, the affidavit of defense must be
24    received by the lienholder no later than 21 days after the
25    date of mailing or delivery of the notice required in
26    subdivision (f-5)(1) of this Section. If the lienholder

 

 

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1    receives the affidavit from the owner in a timely manner,
2    the lienholder must apply to a court of competent
3    jurisdiction to determine if the lienholder is entitled to
4    possession of the vehicle.
5        (3) Upon selling the vehicle to another person, the
6    lienholder need not send the certificate of title to the
7    Secretary of State, but shall promptly and within 20 days
8    mail or deliver to the purchaser as transferee (i) the
9    existing certificate of title for the repossessed vehicle,
10    reflecting the release of the lienholder's security
11    interest in the vehicle; and (ii) an affidavit of
12    repossession made by or on behalf of the lienholder which
13    provides the following information: that the vehicle was
14    repossessed, a description of the vehicle sufficient to
15    identify it, whether the vehicle has been damaged in excess
16    of 33 1/3% of its fair market value as required under
17    subdivision (b)(3) of Section 3-117.1, that the owner and
18    any other lienholder of record were given the notice
19    required in subdivision (f-5)(1) of this Section, that the
20    owner of record was given the affidavit of defense required
21    in subdivision (f-5)(2) of this Section, that the interest
22    of the owner was lawfully terminated or sold pursuant to
23    the terms of the security agreement, and the purchaser's
24    name and address. If the vehicle is damaged in excess of 33
25    1/3% of its fair market value, the lienholder shall make
26    application for a salvage certificate under Section

 

 

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1    3-117.1 and transfer the vehicle to a person eligible to
2    receive assignments of salvage certificates identified in
3    Section 3-118.
4        (4) The application for a certificate of title made by
5    the purchaser shall comply with subsection (a) of Section
6    3-104 and be accompanied by the affidavit of repossession
7    furnished by the lienholder and the existing certificate of
8    title for the repossessed vehicle. The lienholder shall
9    execute the assignment and warranty of title showing the
10    name and address of the purchaser in the spaces provided
11    therefor on the certificate of title or as the Secretary of
12    State prescribes. The lienholder shall complete the
13    assignment of title in the certificate of title to reflect
14    the transfer of the vehicle to the lienholder and also a
15    reassignment to reflect the transfer from the lienholder to
16    the purchaser. For this purpose, the lienholder is
17    specifically authorized to execute the assignment on
18    behalf of the owner as seller if the owner has not done so
19    and to complete and execute the space reserved in the
20    certificate of title for a dealer reassignment,
21    notwithstanding that the lienholder is not a licensed
22    dealer. Nothing herein shall be construed to mean that the
23    lienholder is taking title to the repossessed vehicle for
24    purposes of liability for retailer occupation, vehicle
25    use, or other tax with respect to the proceeds from the
26    repossession sale. Delivery of the existing certificate of

 

 

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1    title to the purchaser shall be deemed disclosure to the
2    purchaser of the owner of the vehicle. In the event the
3    lienholder does not hold the certificate of title for the
4    repossessed vehicle, the lienholder shall make application
5    for and may obtain a new certificate of title in the name
6    of the lienholder upon furnishing information satisfactory
7    to the Secretary of State. Upon receiving the new
8    certificate of title, the lienholder may proceed with the
9    sale described in subdivision (f-5)(3), except that upon
10    selling the vehicle the lienholder shall promptly and
11    within 20 days mail or deliver to the purchaser the new
12    certificate of title reflecting the assignment and
13    transfer of title to the purchaser.
14        (5) Neither the lienholder nor the owner shall file
15    with the Office of the Secretary of State the notice of
16    redemption or affidavit of defense described in
17    subdivisions (f-5)(1) and (f-5)(2) of this Section. The
18    Office of the Secretary of State shall not determine the
19    merits of an owner's affidavit of defense, nor consider any
20    allegations or assertions regarding the validity or
21    invalidity of a lienholder's claim to the vehicle or an
22    owner's asserted defenses to the repossession action.
23    (f-7) Notice of reinstatement in certain cases.
24        (1) Subject to subsection (f-30), if, at the time of
25    repossession by a lienholder that is seeking to transfer
26    title pursuant to subsection (f-5), the owner has paid an

 

 

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1    amount equal to 30% or more of the deferred payment price
2    or total of payments due, the owner may, within 21 days of
3    the date of repossession, reinstate the contract or loan
4    agreement and recover the vehicle from the lienholder by
5    tendering in a lump sum (i) the total of all unpaid
6    amounts, including any unpaid delinquency or deferral
7    charges due at the date of reinstatement, without
8    acceleration; and (ii) performance necessary to cure any
9    default other than nonpayment of the amounts due; and (iii)
10    all reasonable costs and fees incurred by the lienholder in
11    retaking, holding, and preparing the vehicle for
12    disposition and in arranging for the sale of the vehicle.
13    Reasonable costs and fees incurred by the lienholder
14    include without limitation repossession and storage
15    expenses and, if authorized by the contract or loan
16    agreement, reasonable attorneys' fees and collection
17    agency charges.
18        (2) Tender of payment and performance pursuant to this
19    limited right of reinstatement restores to the owner his
20    rights under the contract or loan agreement as though no
21    default had occurred. The owner has the right to reinstate
22    the contract or loan agreement and recover the vehicle from
23    the lienholder only once under this subsection. The
24    lienholder may, in the lienholder's sole discretion,
25    extend the period during which the owner may reinstate the
26    contract or loan agreement and recover the vehicle beyond

 

 

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1    the 21 days allowed under this subsection, and the
2    extension shall not subject the lienholder to liability to
3    the owner under the laws of this State.
4        (3) The lienholder shall deliver or mail written notice
5    to the owner at the owner's last known address, within 3
6    business days of the date of repossession, of the owner's
7    right to reinstate the contract or loan agreement and
8    recover the vehicle pursuant to the limited right of
9    reinstatement described in this subsection. At the
10    lienholder's option, the information required to be set
11    forth in this notice of reinstatement may be made part of
12    or accompany the notice of redemption required in
13    subdivision (f-5)(1) of this Section and the notification
14    of sale or other disposition required under Section 9-611
15    of the Uniform Commercial Code, but none of the information
16    required by this notice of reinstatement shall be construed
17    to impose any requirement under Article 9 of the Uniform
18    Commercial Code.
19        (4) The reinstatement period, if applicable, and the
20    redemption period described in subdivision (f-5)(1) of
21    this Section, shall run concurrently if the information
22    required to be set forth in the notice of reinstatement is
23    part of or accompanies the notice of redemption. In any
24    event, the 21 day redemption period described in
25    subdivision (f-5)(1) of this Section shall commence on the
26    date of mailing or delivery to the owner of the information

 

 

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1    required to be set forth in the notice of redemption, and
2    the 21 day reinstatement period described in this
3    subdivision, if applicable, shall commence on the date of
4    mailing or delivery to the owner of the information
5    required to be set forth in the notice of reinstatement.
6        (5) The Office of the Secretary of State shall not
7    determine the merits of an owner's claim of right to
8    reinstatement, nor consider any allegations or assertions
9    regarding the validity or invalidity of a lienholder's
10    claim to the vehicle or an owner's asserted right to
11    reinstatement. Where a lienholder is subject to licensing
12    and regulatory supervision by the State of Illinois, the
13    lienholder shall be subject to all of the powers and
14    authority of the lienholder's primary State regulator to
15    enforce compliance with the procedures set forth in this
16    subsection (f-7).
17    (f-10) Repossession by judicial process. In all cases
18wherein a lienholder has repossessed a vehicle by judicial
19process and holds it for resale under a security agreement,
20order for replevin, or other court order establishing the
21lienholder's right to possession of the vehicle, the lienholder
22may proceed to sell or otherwise dispose of the vehicle as
23authorized under the Uniform Commercial Code or the court
24order. Upon selling the vehicle to another person, the
25lienholder need not send the certificate of title to the
26Secretary of State, but shall promptly and within 20 days mail

 

 

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1or deliver to the purchaser as transferee (i) the existing
2certificate of title for the repossessed vehicle reflecting the
3release of the lienholder's security interest in the vehicle;
4(ii) a certified copy of the court order; and (iii) a bill of
5sale identifying the new owner's name and address and the year,
6make, model, and vehicle identification number of the vehicle.
7The application for a certificate of title made by the
8purchaser shall comply with subsection (a) of Section 3-104 and
9be accompanied by the certified copy of the court order
10furnished by the lienholder and the existing certificate of
11title for the repossessed vehicle. The lienholder shall execute
12the assignment and warranty of title showing the name and
13address of the purchaser in the spaces provided therefor on the
14certificate of title or as the Secretary of State prescribes.
15The lienholder shall complete the assignment of title in the
16certificate of title to reflect the transfer of the vehicle to
17the lienholder and also a reassignment to reflect the transfer
18from the lienholder to the purchaser. For this purpose, the
19lienholder is specifically authorized to execute the
20assignment on behalf of the owner as seller if the owner has
21not done so and to complete and execute the space reserved in
22the certificate of title for a dealer reassignment,
23notwithstanding that the lienholder is not a licensed dealer.
24Nothing herein shall be construed to mean that the lienholder
25is taking title to the repossessed vehicle for purposes of
26liability for retailer occupation, vehicle use, or other tax

 

 

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1with respect to the proceeds from the repossession sale.
2Delivery of the existing certificate of title to the purchaser
3shall be deemed disclosure to the purchaser of the owner of the
4vehicle. In the event the lienholder does not hold the
5certificate of title for the repossessed vehicle, the
6lienholder shall make application for and may obtain a new
7certificate of title in the name of the lienholder upon
8furnishing information satisfactory to the Secretary of State.
9Upon receiving the new certificate of title, the lienholder may
10proceed with the sale described in this subsection, except that
11upon selling the vehicle the lienholder shall promptly and
12within 20 days mail or deliver to the purchaser the new
13certificate of title reflecting the assignment and transfer of
14title to the purchaser.
15    (f-15) The Secretary of State shall not issue a certificate
16of title to a purchaser under subsection (f), (f-5), or (f-10)
17of this Section, unless the person from whom the vehicle has
18been repossessed by the lienholder is shown to be the last
19registered owner of the motor vehicle. The Secretary of State
20may provide by rule for the standards to be followed by a
21lienholder in assigning and transferring certificates of title
22with respect to repossessed vehicles.
23    (f-20) If applying for a salvage certificate or a junking
24certificate, the lienholder shall within 20 days make an
25application to the Secretary of State for a salvage certificate
26or a junking certificate, as set forth in this Code. The

 

 

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1Secretary of State shall not issue a salvage certificate or a
2junking certificate to such lienholder unless the person from
3whom such vehicle has been repossessed is shown to be the last
4registered owner of such motor vehicle and such lienholder
5establishes to the satisfaction of the Secretary of State that
6he is entitled to such salvage certificate or junking
7certificate. The Secretary of State may provide by rule for the
8standards to be followed by a lienholder in order to obtain a
9salvage certificate or junking certificate for a repossessed
10vehicle.
11    (f-25) If the interest of an owner in a mobile home, as
12defined in the Mobile Home Local Services Tax Act, passes to
13another under the provisions of the Mobile Home Local Services
14Tax Enforcement Act, the transferee shall promptly mail or
15deliver to the Secretary of State (i) the last certificate of
16title, if available, (ii) a certified copy of the court order
17ordering the transfer of title, and (iii) an application for
18certificate of title.
19    (f-30) Bankruptcy. If the repossessed vehicle is the
20subject of a bankruptcy proceeding or discharge:
21        (1) the lienholder may proceed to sell or otherwise
22    dispose of the vehicle as authorized by the Bankruptcy Code
23    and the Uniform Commercial Code;
24        (2) the notice of redemption, affidavit of defense, and
25    notice of reinstatement otherwise required to be sent by
26    the lienholder to the owner of record or other lienholder

 

 

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1    of record under this Section are not required to be
2    delivered or mailed;
3        (3) the requirement to delay disposition of the vehicle
4    for 21 days, (i) from the mailing or delivery of the notice
5    of redemption under subdivision (f-5)(1) of this Section,
6    (ii) from the mailing or delivery of the affidavit of
7    defense under subdivision (f-5)(2) of this Section, or
8    (iii) from the date of repossession when the owner is
9    entitled to a notice of reinstatement under subsection
10    (f-7) of this Section, does not apply;
11        (4) the affidavit of repossession that is required
12    under subdivision (f-5)(3) shall contain a notation of
13    "bankruptcy" where the affidavit requires the date of the
14    mailing or delivery of the notice of redemption. The
15    notation of "bankruptcy" means the lienholder makes no
16    sworn representations regarding the mailing or delivery of
17    the notice of redemption or affidavit of defense or
18    lienholder's compliance with the requirements that
19    otherwise apply to the notices listed in this subsection
20    (f-30), and makes no sworn representation that the
21    lienholder assumes liability or costs for any litigation
22    that may arise from the issuance of a certificate of title
23    based on the excluded representations;
24        (5) the right of redemption, the right to assert a
25    defense to the transfer of title, and reinstatement rights
26    under this Section do not apply; and

 

 

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1        (6) references to judicial process and court orders in
2    subsection (f-10) of this Section do not include bankruptcy
3    proceedings or orders.
4    (g) A person holding a certificate of title whose interest
5in the vehicle has been extinguished or transferred other than
6by voluntary transfer shall mail or deliver the certificate,
7within 20 days upon request of the Secretary of State. The
8delivery of the certificate pursuant to the request of the
9Secretary of State does not affect the rights of the person
10surrendering the certificate, and the action of the Secretary
11of State in issuing a new certificate of title as provided
12herein is not conclusive upon the rights of an owner or
13lienholder named in the old certificate.
14    (h) The Secretary of State may decline to process any
15application for a transfer of an interest in a vehicle
16hereunder if any fees or taxes due under this Act from the
17transferor or the transferee have not been paid upon reasonable
18notice and demand.
19    (i) The Secretary of State shall not be held civilly or
20criminally liable to any person because any purported
21transferor may not have had the power or authority to make a
22transfer of any interest in any vehicle or because a
23certificate of title issued in error is subsequently used to
24commit a fraudulent act.
25(Source: P.A. 94-411, eff. 1-1-06.)
 

 

 

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1    (625 ILCS 5/3-821)  (from Ch. 95 1/2, par. 3-821)
2    Sec. 3-821. Miscellaneous Registration and Title Fees.
3    (a) The fee to be paid to the Secretary of State for the
4following certificates, registrations or evidences of proper
5registration, or for corrected or duplicate documents shall be
6in accordance with the following schedule:
7    Certificate of Title, except for an all-terrain
8vehicle or off-highway motorcycle$95
9    Certificate of Title for an all-terrain vehicle
10or off-highway motorcycle$30
11    Certificate of Title for an all-terrain vehicle
12or off-highway motorcycle used for production
13agriculture, or accepted by a dealer in trade13
14    Certificate of Title for a low-speed vehicle30
15    Transfer of Registration or any evidence of
16proper registration $25
17    Duplicate Registration Card for plates or other
18evidence of proper registration3
19    Duplicate Registration Sticker or Stickers, each20
20    Duplicate Certificate of Title95
21    Corrected Registration Card or Card for other
22evidence of proper registration3
23    Corrected Certificate of Title95
24    Salvage Certificate4
25    Fleet Reciprocity Permit15
26    Prorate Decal1

 

 

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1    Prorate Backing Plate3
2    Special Corrected Certificate of Title15
3    Expedited Title Service (to be charged in addition
4to other applicable fees)30
5    Dealer Lien Release Certificate of Title20
6    A special corrected certificate of title shall be issued
7(i) to remove a co-owner's name due to the death of the
8co-owner, to transfer title to a spouse if the decedent-spouse
9was the sole owner on the title, or due to a divorce or (ii) to
10change a co-owner's name due to a marriage.
11    There shall be no fee paid for a Junking Certificate.
12    There shall be no fee paid for a certificate of title
13issued to a county when the vehicle is forfeited to the county
14under Article 36 of the Criminal Code of 2012.
15    (a-5) The Secretary of State may revoke a certificate of
16title and registration card and issue a corrected certificate
17of title and registration card, at no fee to the vehicle owner
18or lienholder, if there is proof that the vehicle
19identification number is erroneously shown on the original
20certificate of title.
21    (a-10) The Secretary of State may issue, in connection with
22the sale of a motor vehicle, a corrected title to a motor
23vehicle dealer upon application and submittal of a lien release
24letter from the lienholder listed in the files of the
25Secretary. In the case of a title issued by another state, the
26dealer must submit proof from the state that issued the last

 

 

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1title. The corrected title, which shall be known as a dealer
2lien release certificate of title, shall be issued in the name
3of the vehicle owner without the named lienholder. If the motor
4vehicle is currently titled in a state other than Illinois, the
5applicant must submit either (i) a letter from the current
6lienholder releasing the lien and stating that the lienholder
7has possession of the title; or (ii) a letter from the current
8lienholder releasing the lien and a copy of the records of the
9department of motor vehicles for the state in which the vehicle
10is titled, showing that the vehicle is titled in the name of
11the applicant and that no liens are recorded other than the
12lien for which a release has been submitted. The fee for the
13dealer lien release certificate of title is $20.
14    (b) The Secretary may prescribe the maximum service charge
15to be imposed upon an applicant for renewal of a registration
16by any person authorized by law to receive and remit or
17transmit to the Secretary such renewal application and fees
18therewith.
19    (c) If payment is delivered to the Office of the Secretary
20of State as payment of any fee or tax under this Code, and such
21payment is not honored for any reason, the registrant or other
22person tendering the payment remains liable for the payment of
23such fee or tax. The Secretary of State may assess a service
24charge of $25 in addition to the fee or tax due and owing for
25all dishonored payments.
26    If the total amount then due and owing exceeds the sum of

 

 

09900HB3797ham001- 21 -LRB099 08467 RJF 32820 a

1$100 and has not been paid in full within 60 days from the date
2such fee or tax became due to the Secretary of State, the
3Secretary of State shall assess a penalty of 25% of such amount
4remaining unpaid.
5    All amounts payable under this Section shall be computed to
6the nearest dollar. Out of each fee collected for dishonored
7payments, $5 shall be deposited in the Secretary of State
8Special Services Fund.
9    (d) The minimum fee and tax to be paid by any applicant for
10apportionment of a fleet of vehicles under this Code shall be
11$15 if the application was filed on or before the date
12specified by the Secretary together with fees and taxes due. If
13an application and the fees or taxes due are filed after the
14date specified by the Secretary, the Secretary may prescribe
15the payment of interest at the rate of 1/2 of 1% per month or
16fraction thereof after such due date and a minimum of $8.
17    (e) Trucks, truck tractors, truck tractors with loads, and
18motor buses, any one of which having a combined total weight in
19excess of 12,000 lbs. shall file an application for a Fleet
20Reciprocity Permit issued by the Secretary of State. This
21permit shall be in the possession of any driver operating a
22vehicle on Illinois highways. Any foreign licensed vehicle of
23the second division operating at any time in Illinois without a
24Fleet Reciprocity Permit or other proper Illinois
25registration, shall subject the operator to the penalties
26provided in Section 3-834 of this Code. For the purposes of

 

 

09900HB3797ham001- 22 -LRB099 08467 RJF 32820 a

1this Code, "Fleet Reciprocity Permit" means any second division
2motor vehicle with a foreign license and used only in
3interstate transportation of goods. The fee for such permit
4shall be $15 per fleet which shall include all vehicles of the
5fleet being registered.
6    (f) For purposes of this Section, "all-terrain vehicle or
7off-highway motorcycle used for production agriculture" means
8any all-terrain vehicle or off-highway motorcycle used in the
9raising of or the propagation of livestock, crops for sale for
10human consumption, crops for livestock consumption, and
11production seed stock grown for the propagation of feed grains
12and the husbandry of animals or for the purpose of providing a
13food product, including the husbandry of blood stock as a main
14source of providing a food product. "All-terrain vehicle or
15off-highway motorcycle used in production agriculture" also
16means any all-terrain vehicle or off-highway motorcycle used in
17animal husbandry, floriculture, aquaculture, horticulture, and
18viticulture.
19    (g) All of the proceeds of the additional fees imposed by
20Public Act 96-34 shall be deposited into the Capital Projects
21Fund.
22(Source: P.A. 96-34, eff. 7-13-09; 96-554, eff. 1-1-10; 96-653,
23eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1274, eff. 7-26-10;
2497-835, eff. 1-1-13; 97-838, eff. 7-20-12; 97-1150, eff.
251-25-13.)".