Public Act 099-0260
 
HB3797 EnrolledLRB099 08467 RJF 28623 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 3-114 and 3-821 as follows:
 
    (625 ILCS 5/3-114)  (from Ch. 95 1/2, par. 3-114)
    Sec. 3-114. Transfer by operation of law.
    (a) If the interest of an owner in a vehicle passes to
another other than by voluntary transfer, the transferee shall,
except as provided in paragraph (b), promptly mail or deliver
within 20 days to the Secretary of State the last certificate
of title, if available, proof of the transfer, and his
application for a new certificate in the form the Secretary of
State prescribes. It shall be unlawful for any person having
possession of a certificate of title for a motor vehicle,
semi-trailer, or house car by reason of his having a lien or
encumbrance on such vehicle, to fail or refuse to deliver such
certificate to the owner, upon the satisfaction or discharge of
the lien or encumbrance, indicated upon such certificate of
title.
    (b) If the interest of an owner in a vehicle passes to
another under the provisions of the Small Estates provisions of
the Probate Act of 1975 the transferee shall promptly mail or
deliver to the Secretary of State, within 120 days, the last
certificate of title, if available, the documentation required
under the provisions of the Probate Act of 1975, and an
application for certificate of title. The Small Estate
Affidavit form shall be furnished by the Secretary of State.
The transfer may be to the transferee or to the nominee of the
transferee.
    (c) If the interest of an owner in a vehicle passes to
another under other provisions of the Probate Act of 1975, as
amended, and the transfer is made by a representative or
guardian, such transferee shall promptly mail or deliver to the
Secretary of State, the last certificate of title, if
available, and a certified copy of the letters of office or
guardianship, and an application for certificate of title. Such
application shall be made before the estate is closed. The
transfer may be to the transferee or to the nominee of the
transferee.
    (d) If the interest of an owner in joint tenancy passes to
the other joint tenant with survivorship rights as provided by
law, the transferee shall promptly mail or deliver to the
Secretary of State, the last certificate of title, if
available, proof of death of the one joint tenant and
survivorship of the surviving joint tenant, and an application
for certificate of title. Such application shall be made within
120 days after the death of the joint tenant. The transfer may
be to the transferee or to the nominee of the transferee.
    (d-5) If the interest of an owner passes to the owner's
spouse or if the spouse otherwise acquires ownership of the
vehicle, then the transferee shall promptly mail or deliver to
the Secretary of State, proof of (i) the owner's death; (ii)
the transfer or acquisition of ownership; and (iii) proof of
the marital relationship between the owner and the transferee,
along with the last certificate of title, if available, and an
application for certificate of title along with the appropriate
fees and taxes, if applicable. The application shall be made
within 180 days after the death of the owner.
    (e) The Secretary of State shall transfer a decedent's
vehicle title to any legatee, representative or heir of the
decedent who submits to the Secretary a death certificate and
an affidavit by an attorney at law on the letterhead stationery
of the attorney at law stating the facts of the transfer.
    (f) Repossession with assignment of title. In all cases
wherein a lienholder has repossessed a vehicle by other than
judicial process and holds it for resale under a security
agreement, and the owner of record has executed an assignment
of the existing certificate of title after default, the
lienholder may proceed to sell or otherwise dispose of the
vehicle as authorized under the Uniform Commercial Code. Upon
selling the vehicle to another person, the lienholder need not
send the certificate of title to the Secretary of State, but
shall promptly and within 20 days mail or deliver to the
purchaser as transferee the existing certificate of title for
the repossessed vehicle, reflecting the release of the
lienholder's security interest in the vehicle. The application
for a certificate of title made by the purchaser shall comply
with subsection (a) of Section 3-104 and be accompanied by the
existing certificate of title for the repossessed vehicle. The
lienholder shall execute the assignment and warranty of title
showing the name and address of the purchaser in the spaces
provided therefor on the certificate of title or as the
Secretary of State prescribes. The lienholder shall complete
the assignment of title in the certificate of title to reflect
the transfer of the vehicle to the lienholder and also a
reassignment to reflect the transfer from the lienholder to the
purchaser. For this purpose, the lienholder is specifically
authorized to complete and execute the space reserved in the
certificate of title for a dealer reassignment,
notwithstanding that the lienholder is not a licensed dealer.
Nothing herein shall be construed to mean that the lienholder
is taking title to the repossessed vehicle for purposes of
liability for retailer occupation, vehicle use, or other tax
with respect to the proceeds from the repossession sale.
Delivery of the existing certificate of title to the purchaser
shall be deemed disclosure to the purchaser of the owner of the
vehicle.
    (f-5) Repossession without assignment of title. Subject to
subsection (f-30), in all cases wherein a lienholder has
repossessed a vehicle by other than judicial process and holds
it for resale under a security agreement, and the owner of
record has not executed an assignment of the existing
certificate of title, the lienholder shall comply with the
following provisions:
        (1) Prior to sale, the lienholder shall deliver or mail
    to the owner at the owner's last known address and to any
    other lienholder of record, a notice of redemption setting
    forth the following information: (i) the name of the owner
    of record and in bold type at or near the top of the notice
    a statement that the owner's vehicle was repossessed on a
    specified date for failure to make payments on the loan (or
    other reason), (ii) a description of the vehicle subject to
    the lien sufficient to identify it, (iii) the right of the
    owner to redeem the vehicle, (iv) the lienholder's intent
    to sell or otherwise dispose of the vehicle after the
    expiration of 21 days from the date of mailing or delivery
    of the notice, and (v) the name, address, and telephone
    number of the lienholder from whom information may be
    obtained concerning the amount due to redeem the vehicle
    and from whom the vehicle may be redeemed under Section
    9-623 of the Uniform Commercial Code. At the lienholder's
    option, the information required to be set forth in this
    notice of redemption may be made a part of or accompany the
    notification of sale or other disposition required under
    Section 9-611 of the Uniform Commercial Code, but none of
    the information required by this notice shall be construed
    to impose any requirement under Article 9 of the Uniform
    Commercial Code.
        (2) With respect to the repossession of a vehicle used
    primarily for personal, family, or household purposes, the
    lienholder shall also deliver or mail to the owner at the
    owner's last known address an affidavit of defense. The
    affidavit of defense shall accompany the notice of
    redemption required in subdivision (f-5)(1) of this
    Section. The affidavit of defense shall (i) identify the
    lienholder, owner, and the vehicle; (ii) provide space for
    the owner to state the defense claimed by the owner; and
    (iii) include an acknowledgment by the owner that the owner
    may be liable to the lienholder for fees, charges, and
    costs incurred by the lienholder in establishing the
    insufficiency or invalidity of the owner's defense. To stop
    the transfer of title, the affidavit of defense must be
    received by the lienholder no later than 21 days after the
    date of mailing or delivery of the notice required in
    subdivision (f-5)(1) of this Section. If the lienholder
    receives the affidavit from the owner in a timely manner,
    the lienholder must apply to a court of competent
    jurisdiction to determine if the lienholder is entitled to
    possession of the vehicle.
        (3) Upon selling the vehicle to another person, the
    lienholder need not send the certificate of title to the
    Secretary of State, but shall promptly and within 20 days
    mail or deliver to the purchaser as transferee (i) the
    existing certificate of title for the repossessed vehicle,
    reflecting the release of the lienholder's security
    interest in the vehicle; and (ii) an affidavit of
    repossession made by or on behalf of the lienholder which
    provides the following information: that the vehicle was
    repossessed, a description of the vehicle sufficient to
    identify it, whether the vehicle has been damaged in excess
    of 33 1/3% of its fair market value as required under
    subdivision (b)(3) of Section 3-117.1, that the owner and
    any other lienholder of record were given the notice
    required in subdivision (f-5)(1) of this Section, that the
    owner of record was given the affidavit of defense required
    in subdivision (f-5)(2) of this Section, that the interest
    of the owner was lawfully terminated or sold pursuant to
    the terms of the security agreement, and the purchaser's
    name and address. If the vehicle is damaged in excess of 33
    1/3% of its fair market value, the lienholder shall make
    application for a salvage certificate under Section
    3-117.1 and transfer the vehicle to a person eligible to
    receive assignments of salvage certificates identified in
    Section 3-118.
        (4) The application for a certificate of title made by
    the purchaser shall comply with subsection (a) of Section
    3-104 and be accompanied by the affidavit of repossession
    furnished by the lienholder and the existing certificate of
    title for the repossessed vehicle. The lienholder shall
    execute the assignment and warranty of title showing the
    name and address of the purchaser in the spaces provided
    therefor on the certificate of title or as the Secretary of
    State prescribes. The lienholder shall complete the
    assignment of title in the certificate of title to reflect
    the transfer of the vehicle to the lienholder and also a
    reassignment to reflect the transfer from the lienholder to
    the purchaser. For this purpose, the lienholder is
    specifically authorized to execute the assignment on
    behalf of the owner as seller if the owner has not done so
    and to complete and execute the space reserved in the
    certificate of title for a dealer reassignment,
    notwithstanding that the lienholder is not a licensed
    dealer. Nothing herein shall be construed to mean that the
    lienholder is taking title to the repossessed vehicle for
    purposes of liability for retailer occupation, vehicle
    use, or other tax with respect to the proceeds from the
    repossession sale. Delivery of the existing certificate of
    title to the purchaser shall be deemed disclosure to the
    purchaser of the owner of the vehicle. In the event the
    lienholder does not hold the certificate of title for the
    repossessed vehicle, the lienholder shall make application
    for and may obtain a new certificate of title in the name
    of the lienholder upon furnishing information satisfactory
    to the Secretary of State. Upon receiving the new
    certificate of title, the lienholder may proceed with the
    sale described in subdivision (f-5)(3), except that upon
    selling the vehicle the lienholder shall promptly and
    within 20 days mail or deliver to the purchaser the new
    certificate of title reflecting the assignment and
    transfer of title to the purchaser.
        (5) Neither the lienholder nor the owner shall file
    with the Office of the Secretary of State the notice of
    redemption or affidavit of defense described in
    subdivisions (f-5)(1) and (f-5)(2) of this Section. The
    Office of the Secretary of State shall not determine the
    merits of an owner's affidavit of defense, nor consider any
    allegations or assertions regarding the validity or
    invalidity of a lienholder's claim to the vehicle or an
    owner's asserted defenses to the repossession action.
    (f-7) Notice of reinstatement in certain cases.
        (1) Subject to subsection (f-30), if, at the time of
    repossession by a lienholder that is seeking to transfer
    title pursuant to subsection (f-5), the owner has paid an
    amount equal to 30% or more of the deferred payment price
    or total of payments due, the owner may, within 21 days of
    the date of repossession, reinstate the contract or loan
    agreement and recover the vehicle from the lienholder by
    tendering in a lump sum (i) the total of all unpaid
    amounts, including any unpaid delinquency or deferral
    charges due at the date of reinstatement, without
    acceleration; and (ii) performance necessary to cure any
    default other than nonpayment of the amounts due; and (iii)
    all reasonable costs and fees incurred by the lienholder in
    retaking, holding, and preparing the vehicle for
    disposition and in arranging for the sale of the vehicle.
    Reasonable costs and fees incurred by the lienholder
    include without limitation repossession and storage
    expenses and, if authorized by the contract or loan
    agreement, reasonable attorneys' fees and collection
    agency charges.
        (2) Tender of payment and performance pursuant to this
    limited right of reinstatement restores to the owner his
    rights under the contract or loan agreement as though no
    default had occurred. The owner has the right to reinstate
    the contract or loan agreement and recover the vehicle from
    the lienholder only once under this subsection. The
    lienholder may, in the lienholder's sole discretion,
    extend the period during which the owner may reinstate the
    contract or loan agreement and recover the vehicle beyond
    the 21 days allowed under this subsection, and the
    extension shall not subject the lienholder to liability to
    the owner under the laws of this State.
        (3) The lienholder shall deliver or mail written notice
    to the owner at the owner's last known address, within 3
    business days of the date of repossession, of the owner's
    right to reinstate the contract or loan agreement and
    recover the vehicle pursuant to the limited right of
    reinstatement described in this subsection. At the
    lienholder's option, the information required to be set
    forth in this notice of reinstatement may be made part of
    or accompany the notice of redemption required in
    subdivision (f-5)(1) of this Section and the notification
    of sale or other disposition required under Section 9-611
    of the Uniform Commercial Code, but none of the information
    required by this notice of reinstatement shall be construed
    to impose any requirement under Article 9 of the Uniform
    Commercial Code.
        (4) The reinstatement period, if applicable, and the
    redemption period described in subdivision (f-5)(1) of
    this Section, shall run concurrently if the information
    required to be set forth in the notice of reinstatement is
    part of or accompanies the notice of redemption. In any
    event, the 21 day redemption period described in
    subdivision (f-5)(1) of this Section shall commence on the
    date of mailing or delivery to the owner of the information
    required to be set forth in the notice of redemption, and
    the 21 day reinstatement period described in this
    subdivision, if applicable, shall commence on the date of
    mailing or delivery to the owner of the information
    required to be set forth in the notice of reinstatement.
        (5) The Office of the Secretary of State shall not
    determine the merits of an owner's claim of right to
    reinstatement, nor consider any allegations or assertions
    regarding the validity or invalidity of a lienholder's
    claim to the vehicle or an owner's asserted right to
    reinstatement. Where a lienholder is subject to licensing
    and regulatory supervision by the State of Illinois, the
    lienholder shall be subject to all of the powers and
    authority of the lienholder's primary State regulator to
    enforce compliance with the procedures set forth in this
    subsection (f-7).
    (f-10) Repossession by judicial process. In all cases
wherein a lienholder has repossessed a vehicle by judicial
process and holds it for resale under a security agreement,
order for replevin, or other court order establishing the
lienholder's right to possession of the vehicle, the lienholder
may proceed to sell or otherwise dispose of the vehicle as
authorized under the Uniform Commercial Code or the court
order. Upon selling the vehicle to another person, the
lienholder need not send the certificate of title to the
Secretary of State, but shall promptly and within 20 days mail
or deliver to the purchaser as transferee (i) the existing
certificate of title for the repossessed vehicle reflecting the
release of the lienholder's security interest in the vehicle;
(ii) a certified copy of the court order; and (iii) a bill of
sale identifying the new owner's name and address and the year,
make, model, and vehicle identification number of the vehicle.
The application for a certificate of title made by the
purchaser shall comply with subsection (a) of Section 3-104 and
be accompanied by the certified copy of the court order
furnished by the lienholder and the existing certificate of
title for the repossessed vehicle. The lienholder shall execute
the assignment and warranty of title showing the name and
address of the purchaser in the spaces provided therefor on the
certificate of title or as the Secretary of State prescribes.
The lienholder shall complete the assignment of title in the
certificate of title to reflect the transfer of the vehicle to
the lienholder and also a reassignment to reflect the transfer
from the lienholder to the purchaser. For this purpose, the
lienholder is specifically authorized to execute the
assignment on behalf of the owner as seller if the owner has
not done so and to complete and execute the space reserved in
the certificate of title for a dealer reassignment,
notwithstanding that the lienholder is not a licensed dealer.
Nothing herein shall be construed to mean that the lienholder
is taking title to the repossessed vehicle for purposes of
liability for retailer occupation, vehicle use, or other tax
with respect to the proceeds from the repossession sale.
Delivery of the existing certificate of title to the purchaser
shall be deemed disclosure to the purchaser of the owner of the
vehicle. In the event the lienholder does not hold the
certificate of title for the repossessed vehicle, the
lienholder shall make application for and may obtain a new
certificate of title in the name of the lienholder upon
furnishing information satisfactory to the Secretary of State.
Upon receiving the new certificate of title, the lienholder may
proceed with the sale described in this subsection, except that
upon selling the vehicle the lienholder shall promptly and
within 20 days mail or deliver to the purchaser the new
certificate of title reflecting the assignment and transfer of
title to the purchaser.
    (f-15) The Secretary of State shall not issue a certificate
of title to a purchaser under subsection (f), (f-5), or (f-10)
of this Section, unless the person from whom the vehicle has
been repossessed by the lienholder is shown to be the last
registered owner of the motor vehicle. The Secretary of State
may provide by rule for the standards to be followed by a
lienholder in assigning and transferring certificates of title
with respect to repossessed vehicles.
    (f-20) If applying for a salvage certificate or a junking
certificate, the lienholder shall within 20 days make an
application to the Secretary of State for a salvage certificate
or a junking certificate, as set forth in this Code. The
Secretary of State shall not issue a salvage certificate or a
junking certificate to such lienholder unless the person from
whom such vehicle has been repossessed is shown to be the last
registered owner of such motor vehicle and such lienholder
establishes to the satisfaction of the Secretary of State that
he is entitled to such salvage certificate or junking
certificate. The Secretary of State may provide by rule for the
standards to be followed by a lienholder in order to obtain a
salvage certificate or junking certificate for a repossessed
vehicle.
    (f-25) If the interest of an owner in a mobile home, as
defined in the Mobile Home Local Services Tax Act, passes to
another under the provisions of the Mobile Home Local Services
Tax Enforcement Act, the transferee shall promptly mail or
deliver to the Secretary of State (i) the last certificate of
title, if available, (ii) a certified copy of the court order
ordering the transfer of title, and (iii) an application for
certificate of title.
    (f-30) Bankruptcy. If the repossessed vehicle is the
subject of a bankruptcy proceeding or discharge:
        (1) the lienholder may proceed to sell or otherwise
    dispose of the vehicle as authorized by the Bankruptcy Code
    and the Uniform Commercial Code;
        (2) the notice of redemption, affidavit of defense, and
    notice of reinstatement otherwise required to be sent by
    the lienholder to the owner of record or other lienholder
    of record under this Section are not required to be
    delivered or mailed;
        (3) the requirement to delay disposition of the vehicle
    for 21 days, (i) from the mailing or delivery of the notice
    of redemption under subdivision (f-5)(1) of this Section,
    (ii) from the mailing or delivery of the affidavit of
    defense under subdivision (f-5)(2) of this Section, or
    (iii) from the date of repossession when the owner is
    entitled to a notice of reinstatement under subsection
    (f-7) of this Section, does not apply;
        (4) the affidavit of repossession that is required
    under subdivision (f-5)(3) shall contain a notation of
    "bankruptcy" where the affidavit requires the date of the
    mailing or delivery of the notice of redemption. The
    notation of "bankruptcy" means the lienholder makes no
    sworn representations regarding the mailing or delivery of
    the notice of redemption or affidavit of defense or
    lienholder's compliance with the requirements that
    otherwise apply to the notices listed in this subsection
    (f-30), and makes no sworn representation that the
    lienholder assumes liability or costs for any litigation
    that may arise from the issuance of a certificate of title
    based on the excluded representations;
        (5) the right of redemption, the right to assert a
    defense to the transfer of title, and reinstatement rights
    under this Section do not apply; and
        (6) references to judicial process and court orders in
    subsection (f-10) of this Section do not include bankruptcy
    proceedings or orders.
    (g) A person holding a certificate of title whose interest
in the vehicle has been extinguished or transferred other than
by voluntary transfer shall mail or deliver the certificate,
within 20 days upon request of the Secretary of State. The
delivery of the certificate pursuant to the request of the
Secretary of State does not affect the rights of the person
surrendering the certificate, and the action of the Secretary
of State in issuing a new certificate of title as provided
herein is not conclusive upon the rights of an owner or
lienholder named in the old certificate.
    (h) The Secretary of State may decline to process any
application for a transfer of an interest in a vehicle
hereunder if any fees or taxes due under this Act from the
transferor or the transferee have not been paid upon reasonable
notice and demand.
    (i) The Secretary of State shall not be held civilly or
criminally liable to any person because any purported
transferor may not have had the power or authority to make a
transfer of any interest in any vehicle or because a
certificate of title issued in error is subsequently used to
commit a fraudulent act.
(Source: P.A. 94-411, eff. 1-1-06.)
 
    (625 ILCS 5/3-821)  (from Ch. 95 1/2, par. 3-821)
    Sec. 3-821. Miscellaneous Registration and Title Fees.
    (a) The fee to be paid to the Secretary of State for the
following certificates, registrations or evidences of proper
registration, or for corrected or duplicate documents shall be
in accordance with the following schedule:
    Certificate of Title, except for an all-terrain
vehicle or off-highway motorcycle$95
    Certificate of Title for an all-terrain vehicle
or off-highway motorcycle$30
    Certificate of Title for an all-terrain vehicle
or off-highway motorcycle used for production
agriculture, or accepted by a dealer in trade13
    Certificate of Title for a low-speed vehicle30
    Transfer of Registration or any evidence of
proper registration $25
    Duplicate Registration Card for plates or other
evidence of proper registration3
    Duplicate Registration Sticker or Stickers, each20
    Duplicate Certificate of Title95
    Corrected Registration Card or Card for other
evidence of proper registration3
    Corrected Certificate of Title95
    Salvage Certificate4
    Fleet Reciprocity Permit15
    Prorate Decal1
    Prorate Backing Plate3
    Special Corrected Certificate of Title15
    Expedited Title Service (to be charged in addition
to other applicable fees)30
    Dealer Lien Release Certificate of Title20
    A special corrected certificate of title shall be issued
(i) to remove a co-owner's name due to the death of the
co-owner, to transfer title to a spouse if the decedent-spouse
was the sole owner on the title, or due to a divorce or (ii) to
change a co-owner's name due to a marriage.
    There shall be no fee paid for a Junking Certificate.
    There shall be no fee paid for a certificate of title
issued to a county when the vehicle is forfeited to the county
under Article 36 of the Criminal Code of 2012.
    (a-5) The Secretary of State may revoke a certificate of
title and registration card and issue a corrected certificate
of title and registration card, at no fee to the vehicle owner
or lienholder, if there is proof that the vehicle
identification number is erroneously shown on the original
certificate of title.
    (a-10) The Secretary of State may issue, in connection with
the sale of a motor vehicle, a corrected title to a motor
vehicle dealer upon application and submittal of a lien release
letter from the lienholder listed in the files of the
Secretary. In the case of a title issued by another state, the
dealer must submit proof from the state that issued the last
title. The corrected title, which shall be known as a dealer
lien release certificate of title, shall be issued in the name
of the vehicle owner without the named lienholder. If the motor
vehicle is currently titled in a state other than Illinois, the
applicant must submit either (i) a letter from the current
lienholder releasing the lien and stating that the lienholder
has possession of the title; or (ii) a letter from the current
lienholder releasing the lien and a copy of the records of the
department of motor vehicles for the state in which the vehicle
is titled, showing that the vehicle is titled in the name of
the applicant and that no liens are recorded other than the
lien for which a release has been submitted. The fee for the
dealer lien release certificate of title is $20.
    (b) The Secretary may prescribe the maximum service charge
to be imposed upon an applicant for renewal of a registration
by any person authorized by law to receive and remit or
transmit to the Secretary such renewal application and fees
therewith.
    (c) If payment is delivered to the Office of the Secretary
of State as payment of any fee or tax under this Code, and such
payment is not honored for any reason, the registrant or other
person tendering the payment remains liable for the payment of
such fee or tax. The Secretary of State may assess a service
charge of $25 in addition to the fee or tax due and owing for
all dishonored payments.
    If the total amount then due and owing exceeds the sum of
$100 and has not been paid in full within 60 days from the date
such fee or tax became due to the Secretary of State, the
Secretary of State shall assess a penalty of 25% of such amount
remaining unpaid.
    All amounts payable under this Section shall be computed to
the nearest dollar. Out of each fee collected for dishonored
payments, $5 shall be deposited in the Secretary of State
Special Services Fund.
    (d) The minimum fee and tax to be paid by any applicant for
apportionment of a fleet of vehicles under this Code shall be
$15 if the application was filed on or before the date
specified by the Secretary together with fees and taxes due. If
an application and the fees or taxes due are filed after the
date specified by the Secretary, the Secretary may prescribe
the payment of interest at the rate of 1/2 of 1% per month or
fraction thereof after such due date and a minimum of $8.
    (e) Trucks, truck tractors, truck tractors with loads, and
motor buses, any one of which having a combined total weight in
excess of 12,000 lbs. shall file an application for a Fleet
Reciprocity Permit issued by the Secretary of State. This
permit shall be in the possession of any driver operating a
vehicle on Illinois highways. Any foreign licensed vehicle of
the second division operating at any time in Illinois without a
Fleet Reciprocity Permit or other proper Illinois
registration, shall subject the operator to the penalties
provided in Section 3-834 of this Code. For the purposes of
this Code, "Fleet Reciprocity Permit" means any second division
motor vehicle with a foreign license and used only in
interstate transportation of goods. The fee for such permit
shall be $15 per fleet which shall include all vehicles of the
fleet being registered.
    (f) For purposes of this Section, "all-terrain vehicle or
off-highway motorcycle used for production agriculture" means
any all-terrain vehicle or off-highway motorcycle used in the
raising of or the propagation of livestock, crops for sale for
human consumption, crops for livestock consumption, and
production seed stock grown for the propagation of feed grains
and the husbandry of animals or for the purpose of providing a
food product, including the husbandry of blood stock as a main
source of providing a food product. "All-terrain vehicle or
off-highway motorcycle used in production agriculture" also
means any all-terrain vehicle or off-highway motorcycle used in
animal husbandry, floriculture, aquaculture, horticulture, and
viticulture.
    (g) All of the proceeds of the additional fees imposed by
Public Act 96-34 shall be deposited into the Capital Projects
Fund.
(Source: P.A. 96-34, eff. 7-13-09; 96-554, eff. 1-1-10; 96-653,
eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1274, eff. 7-26-10;
97-835, eff. 1-1-13; 97-838, eff. 7-20-12; 97-1150, eff.
1-25-13.)

Effective Date: 1/1/2016