HB3797 EnrolledLRB099 08467 RJF 28623 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 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
17encumbrance on such vehicle, to fail or refuse to deliver such
18certificate to the owner, upon the satisfaction or discharge of
19the lien or encumbrance, indicated upon such certificate of
20title.
21    (b) If the interest of an owner in a vehicle passes to
22another under the provisions of the Small Estates provisions of
23the Probate Act of 1975 the transferee shall promptly mail or

 

 

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1deliver to the Secretary of State, within 120 days, the last
2certificate of title, if available, the documentation required
3under the provisions of the Probate Act of 1975, and an
4application for certificate of title. The Small Estate
5Affidavit form shall be furnished by the Secretary of State.
6The transfer may be to the transferee or to the nominee of the
7transferee.
8    (c) If the interest of an owner in a vehicle passes to
9another under other provisions of the Probate Act of 1975, as
10amended, and the transfer is made by a representative or
11guardian, such transferee shall promptly mail or deliver to the
12Secretary of State, the last certificate of title, if
13available, and a certified copy of the letters of office or
14guardianship, and an application for certificate of title. Such
15application shall be made before the estate is closed. The
16transfer may be to the transferee or to the nominee of the
17transferee.
18    (d) If the interest of an owner in joint tenancy passes to
19the other joint tenant with survivorship rights as provided by
20law, the transferee shall promptly mail or deliver to the
21Secretary of State, the last certificate of title, if
22available, proof of death of the one joint tenant and
23survivorship of the surviving joint tenant, and an application
24for certificate of title. Such application shall be made within
25120 days after the death of the joint tenant. The transfer may
26be to the transferee or to the nominee of the transferee.

 

 

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1    (d-5) If the interest of an owner passes to the owner's
2spouse or if the spouse otherwise acquires ownership of the
3vehicle, then the transferee shall promptly mail or deliver to
4the Secretary of State, proof of (i) the owner's death; (ii)
5the transfer or acquisition of ownership; and (iii) proof of
6the marital relationship between the owner and the transferee,
7along with the last certificate of title, if available, and an
8application for certificate of title along with the appropriate
9fees and taxes, if applicable. The application shall be made
10within 180 days after the death of the owner.
11    (e) The Secretary of State shall transfer a decedent's
12vehicle title to any legatee, representative or heir of the
13decedent who submits to the Secretary a death certificate and
14an affidavit by an attorney at law on the letterhead stationery
15of the attorney at law stating the facts of the transfer.
16    (f) Repossession with assignment of title. In all cases
17wherein a lienholder has repossessed a vehicle by other than
18judicial process and holds it for resale under a security
19agreement, and the owner of record has executed an assignment
20of the existing certificate of title after default, the
21lienholder may proceed to sell or otherwise dispose of the
22vehicle as authorized under the Uniform Commercial Code. Upon
23selling the vehicle to another person, the lienholder need not
24send the certificate of title to the Secretary of State, but
25shall promptly and within 20 days mail or deliver to the
26purchaser as transferee the existing certificate of title for

 

 

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1the repossessed vehicle, reflecting the release of the
2lienholder's security interest in the vehicle. The application
3for a certificate of title made by the purchaser shall comply
4with subsection (a) of Section 3-104 and be accompanied by the
5existing certificate of title for the repossessed vehicle. The
6lienholder shall execute the assignment and warranty of title
7showing the name and address of the purchaser in the spaces
8provided therefor on the certificate of title or as the
9Secretary of State prescribes. The lienholder shall complete
10the assignment of title in the certificate of title to reflect
11the transfer of the vehicle to the lienholder and also a
12reassignment to reflect the transfer from the lienholder to the
13purchaser. For this purpose, the lienholder is specifically
14authorized to complete and execute the space reserved in the
15certificate of title for a dealer reassignment,
16notwithstanding that the lienholder is not a licensed dealer.
17Nothing herein shall be construed to mean that the lienholder
18is taking title to the repossessed vehicle for purposes of
19liability for retailer occupation, vehicle use, or other tax
20with respect to the proceeds from the repossession sale.
21Delivery of the existing certificate of title to the purchaser
22shall be deemed disclosure to the purchaser of the owner of the
23vehicle.
24    (f-5) Repossession without assignment of title. Subject to
25subsection (f-30), in all cases wherein a lienholder has
26repossessed a vehicle by other than judicial process and holds

 

 

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1it for resale under a security agreement, and the owner of
2record has not executed an assignment of the existing
3certificate of title, the lienholder shall comply with the
4following provisions:
5        (1) Prior to sale, the lienholder shall deliver or mail
6    to the owner at the owner's last known address and to any
7    other lienholder of record, a notice of redemption setting
8    forth the following information: (i) the name of the owner
9    of record and in bold type at or near the top of the notice
10    a statement that the owner's vehicle was repossessed on a
11    specified date for failure to make payments on the loan (or
12    other reason), (ii) a description of the vehicle subject to
13    the lien sufficient to identify it, (iii) the right of the
14    owner to redeem the vehicle, (iv) the lienholder's intent
15    to sell or otherwise dispose of the vehicle after the
16    expiration of 21 days from the date of mailing or delivery
17    of the notice, and (v) the name, address, and telephone
18    number of the lienholder from whom information may be
19    obtained concerning the amount due to redeem the vehicle
20    and from whom the vehicle may be redeemed under Section
21    9-623 of the Uniform Commercial Code. At the lienholder's
22    option, the information required to be set forth in this
23    notice of redemption may be made a part of or accompany the
24    notification of sale or other disposition required under
25    Section 9-611 of the Uniform Commercial Code, but none of
26    the information required by this notice shall be construed

 

 

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1    to impose any requirement under Article 9 of the Uniform
2    Commercial Code.
3        (2) With respect to the repossession of a vehicle used
4    primarily for personal, family, or household purposes, the
5    lienholder shall also deliver or mail to the owner at the
6    owner's last known address an affidavit of defense. The
7    affidavit of defense shall accompany the notice of
8    redemption required in subdivision (f-5)(1) of this
9    Section. The affidavit of defense shall (i) identify the
10    lienholder, owner, and the vehicle; (ii) provide space for
11    the owner to state the defense claimed by the owner; and
12    (iii) include an acknowledgment by the owner that the owner
13    may be liable to the lienholder for fees, charges, and
14    costs incurred by the lienholder in establishing the
15    insufficiency or invalidity of the owner's defense. To stop
16    the transfer of title, the affidavit of defense must be
17    received by the lienholder no later than 21 days after the
18    date of mailing or delivery of the notice required in
19    subdivision (f-5)(1) of this Section. If the lienholder
20    receives the affidavit from the owner in a timely manner,
21    the lienholder must apply to a court of competent
22    jurisdiction to determine if the lienholder is entitled to
23    possession of the vehicle.
24        (3) Upon selling the vehicle to another person, the
25    lienholder need not send the certificate of title to the
26    Secretary of State, but shall promptly and within 20 days

 

 

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1    mail or deliver to the purchaser as transferee (i) the
2    existing certificate of title for the repossessed vehicle,
3    reflecting the release of the lienholder's security
4    interest in the vehicle; and (ii) an affidavit of
5    repossession made by or on behalf of the lienholder which
6    provides the following information: that the vehicle was
7    repossessed, a description of the vehicle sufficient to
8    identify it, whether the vehicle has been damaged in excess
9    of 33 1/3% of its fair market value as required under
10    subdivision (b)(3) of Section 3-117.1, that the owner and
11    any other lienholder of record were given the notice
12    required in subdivision (f-5)(1) of this Section, that the
13    owner of record was given the affidavit of defense required
14    in subdivision (f-5)(2) of this Section, that the interest
15    of the owner was lawfully terminated or sold pursuant to
16    the terms of the security agreement, and the purchaser's
17    name and address. If the vehicle is damaged in excess of 33
18    1/3% of its fair market value, the lienholder shall make
19    application for a salvage certificate under Section
20    3-117.1 and transfer the vehicle to a person eligible to
21    receive assignments of salvage certificates identified in
22    Section 3-118.
23        (4) The application for a certificate of title made by
24    the purchaser shall comply with subsection (a) of Section
25    3-104 and be accompanied by the affidavit of repossession
26    furnished by the lienholder and the existing certificate of

 

 

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1    title for the repossessed vehicle. The lienholder shall
2    execute the assignment and warranty of title showing the
3    name and address of the purchaser in the spaces provided
4    therefor on the certificate of title or as the Secretary of
5    State prescribes. The lienholder shall complete the
6    assignment of title in the certificate of title to reflect
7    the transfer of the vehicle to the lienholder and also a
8    reassignment to reflect the transfer from the lienholder to
9    the purchaser. For this purpose, the lienholder is
10    specifically authorized to execute the assignment on
11    behalf of the owner as seller if the owner has not done so
12    and to complete and execute the space reserved in the
13    certificate of title for a dealer reassignment,
14    notwithstanding that the lienholder is not a licensed
15    dealer. Nothing herein shall be construed to mean that the
16    lienholder is taking title to the repossessed vehicle for
17    purposes of liability for retailer occupation, vehicle
18    use, or other tax with respect to the proceeds from the
19    repossession sale. Delivery of the existing certificate of
20    title to the purchaser shall be deemed disclosure to the
21    purchaser of the owner of the vehicle. In the event the
22    lienholder does not hold the certificate of title for the
23    repossessed vehicle, the lienholder shall make application
24    for and may obtain a new certificate of title in the name
25    of the lienholder upon furnishing information satisfactory
26    to the Secretary of State. Upon receiving the new

 

 

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1    certificate of title, the lienholder may proceed with the
2    sale described in subdivision (f-5)(3), except that upon
3    selling the vehicle the lienholder shall promptly and
4    within 20 days mail or deliver to the purchaser the new
5    certificate of title reflecting the assignment and
6    transfer of title to the purchaser.
7        (5) Neither the lienholder nor the owner shall file
8    with the Office of the Secretary of State the notice of
9    redemption or affidavit of defense described in
10    subdivisions (f-5)(1) and (f-5)(2) of this Section. The
11    Office of the Secretary of State shall not determine the
12    merits of an owner's affidavit of defense, nor consider any
13    allegations or assertions regarding the validity or
14    invalidity of a lienholder's claim to the vehicle or an
15    owner's asserted defenses to the repossession action.
16    (f-7) Notice of reinstatement in certain cases.
17        (1) Subject to subsection (f-30), if, at the time of
18    repossession by a lienholder that is seeking to transfer
19    title pursuant to subsection (f-5), the owner has paid an
20    amount equal to 30% or more of the deferred payment price
21    or total of payments due, the owner may, within 21 days of
22    the date of repossession, reinstate the contract or loan
23    agreement and recover the vehicle from the lienholder by
24    tendering in a lump sum (i) the total of all unpaid
25    amounts, including any unpaid delinquency or deferral
26    charges due at the date of reinstatement, without

 

 

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1    acceleration; and (ii) performance necessary to cure any
2    default other than nonpayment of the amounts due; and (iii)
3    all reasonable costs and fees incurred by the lienholder in
4    retaking, holding, and preparing the vehicle for
5    disposition and in arranging for the sale of the vehicle.
6    Reasonable costs and fees incurred by the lienholder
7    include without limitation repossession and storage
8    expenses and, if authorized by the contract or loan
9    agreement, reasonable attorneys' fees and collection
10    agency charges.
11        (2) Tender of payment and performance pursuant to this
12    limited right of reinstatement restores to the owner his
13    rights under the contract or loan agreement as though no
14    default had occurred. The owner has the right to reinstate
15    the contract or loan agreement and recover the vehicle from
16    the lienholder only once under this subsection. The
17    lienholder may, in the lienholder's sole discretion,
18    extend the period during which the owner may reinstate the
19    contract or loan agreement and recover the vehicle beyond
20    the 21 days allowed under this subsection, and the
21    extension shall not subject the lienholder to liability to
22    the owner under the laws of this State.
23        (3) The lienholder shall deliver or mail written notice
24    to the owner at the owner's last known address, within 3
25    business days of the date of repossession, of the owner's
26    right to reinstate the contract or loan agreement and

 

 

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1    recover the vehicle pursuant to the limited right of
2    reinstatement described in this subsection. At the
3    lienholder's option, the information required to be set
4    forth in this notice of reinstatement may be made part of
5    or accompany the notice of redemption required in
6    subdivision (f-5)(1) of this Section and the notification
7    of sale or other disposition required under Section 9-611
8    of the Uniform Commercial Code, but none of the information
9    required by this notice of reinstatement shall be construed
10    to impose any requirement under Article 9 of the Uniform
11    Commercial Code.
12        (4) The reinstatement period, if applicable, and the
13    redemption period described in subdivision (f-5)(1) of
14    this Section, shall run concurrently if the information
15    required to be set forth in the notice of reinstatement is
16    part of or accompanies the notice of redemption. In any
17    event, the 21 day redemption period described in
18    subdivision (f-5)(1) of this Section shall commence on the
19    date of mailing or delivery to the owner of the information
20    required to be set forth in the notice of redemption, and
21    the 21 day reinstatement period described in this
22    subdivision, if applicable, shall commence on the date of
23    mailing or delivery to the owner of the information
24    required to be set forth in the notice of reinstatement.
25        (5) The Office of the Secretary of State shall not
26    determine the merits of an owner's claim of right to

 

 

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1    reinstatement, nor consider any allegations or assertions
2    regarding the validity or invalidity of a lienholder's
3    claim to the vehicle or an owner's asserted right to
4    reinstatement. Where a lienholder is subject to licensing
5    and regulatory supervision by the State of Illinois, the
6    lienholder shall be subject to all of the powers and
7    authority of the lienholder's primary State regulator to
8    enforce compliance with the procedures set forth in this
9    subsection (f-7).
10    (f-10) Repossession by judicial process. In all cases
11wherein a lienholder has repossessed a vehicle by judicial
12process and holds it for resale under a security agreement,
13order for replevin, or other court order establishing the
14lienholder's right to possession of the vehicle, the lienholder
15may proceed to sell or otherwise dispose of the vehicle as
16authorized under the Uniform Commercial Code or the court
17order. Upon selling the vehicle to another person, the
18lienholder need not send the certificate of title to the
19Secretary of State, but shall promptly and within 20 days mail
20or deliver to the purchaser as transferee (i) the existing
21certificate of title for the repossessed vehicle reflecting the
22release of the lienholder's security interest in the vehicle;
23(ii) a certified copy of the court order; and (iii) a bill of
24sale identifying the new owner's name and address and the year,
25make, model, and vehicle identification number of the vehicle.
26The application for a certificate of title made by the

 

 

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

 

 

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

 

 

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

 

 

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1    (iii) from the date of repossession when the owner is
2    entitled to a notice of reinstatement under subsection
3    (f-7) of this Section, does not apply;
4        (4) the affidavit of repossession that is required
5    under subdivision (f-5)(3) shall contain a notation of
6    "bankruptcy" where the affidavit requires the date of the
7    mailing or delivery of the notice of redemption. The
8    notation of "bankruptcy" means the lienholder makes no
9    sworn representations regarding the mailing or delivery of
10    the notice of redemption or affidavit of defense or
11    lienholder's compliance with the requirements that
12    otherwise apply to the notices listed in this subsection
13    (f-30), and makes no sworn representation that the
14    lienholder assumes liability or costs for any litigation
15    that may arise from the issuance of a certificate of title
16    based on the excluded representations;
17        (5) the right of redemption, the right to assert a
18    defense to the transfer of title, and reinstatement rights
19    under this Section do not apply; and
20        (6) references to judicial process and court orders in
21    subsection (f-10) of this Section do not include bankruptcy
22    proceedings or orders.
23    (g) A person holding a certificate of title whose interest
24in the vehicle has been extinguished or transferred other than
25by voluntary transfer shall mail or deliver the certificate,
26within 20 days upon request of the Secretary of State. The

 

 

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1delivery of the certificate pursuant to the request of the
2Secretary of State does not affect the rights of the person
3surrendering the certificate, and the action of the Secretary
4of State in issuing a new certificate of title as provided
5herein is not conclusive upon the rights of an owner or
6lienholder named in the old certificate.
7    (h) The Secretary of State may decline to process any
8application for a transfer of an interest in a vehicle
9hereunder if any fees or taxes due under this Act from the
10transferor or the transferee have not been paid upon reasonable
11notice and demand.
12    (i) The Secretary of State shall not be held civilly or
13criminally liable to any person because any purported
14transferor may not have had the power or authority to make a
15transfer of any interest in any vehicle or because a
16certificate of title issued in error is subsequently used to
17commit a fraudulent act.
18(Source: P.A. 94-411, eff. 1-1-06.)
 
19    (625 ILCS 5/3-821)  (from Ch. 95 1/2, par. 3-821)
20    Sec. 3-821. Miscellaneous Registration and Title Fees.
21    (a) The fee to be paid to the Secretary of State for the
22following certificates, registrations or evidences of proper
23registration, or for corrected or duplicate documents shall be
24in accordance with the following schedule:
25    Certificate of Title, except for an all-terrain

 

 

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1vehicle or off-highway motorcycle$95
2    Certificate of Title for an all-terrain vehicle
3or off-highway motorcycle$30
4    Certificate of Title for an all-terrain vehicle
5or off-highway motorcycle used for production
6agriculture, or accepted by a dealer in trade13
7    Certificate of Title for a low-speed vehicle30
8    Transfer of Registration or any evidence of
9proper registration $25
10    Duplicate Registration Card for plates or other
11evidence of proper registration3
12    Duplicate Registration Sticker or Stickers, each20
13    Duplicate Certificate of Title95
14    Corrected Registration Card or Card for other
15evidence of proper registration3
16    Corrected Certificate of Title95
17    Salvage Certificate4
18    Fleet Reciprocity Permit15
19    Prorate Decal1
20    Prorate Backing Plate3
21    Special Corrected Certificate of Title15
22    Expedited Title Service (to be charged in addition
23to other applicable fees)30
24    Dealer Lien Release Certificate of Title20
25    A special corrected certificate of title shall be issued
26(i) to remove a co-owner's name due to the death of the

 

 

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1co-owner, to transfer title to a spouse if the decedent-spouse
2was the sole owner on the title, or due to a divorce or (ii) to
3change a co-owner's name due to a marriage.
4    There shall be no fee paid for a Junking Certificate.
5    There shall be no fee paid for a certificate of title
6issued to a county when the vehicle is forfeited to the county
7under Article 36 of the Criminal Code of 2012.
8    (a-5) The Secretary of State may revoke a certificate of
9title and registration card and issue a corrected certificate
10of title and registration card, at no fee to the vehicle owner
11or lienholder, if there is proof that the vehicle
12identification number is erroneously shown on the original
13certificate of title.
14    (a-10) The Secretary of State may issue, in connection with
15the sale of a motor vehicle, a corrected title to a motor
16vehicle dealer upon application and submittal of a lien release
17letter from the lienholder listed in the files of the
18Secretary. In the case of a title issued by another state, the
19dealer must submit proof from the state that issued the last
20title. The corrected title, which shall be known as a dealer
21lien release certificate of title, shall be issued in the name
22of the vehicle owner without the named lienholder. If the motor
23vehicle is currently titled in a state other than Illinois, the
24applicant must submit either (i) a letter from the current
25lienholder releasing the lien and stating that the lienholder
26has possession of the title; or (ii) a letter from the current

 

 

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1lienholder releasing the lien and a copy of the records of the
2department of motor vehicles for the state in which the vehicle
3is titled, showing that the vehicle is titled in the name of
4the applicant and that no liens are recorded other than the
5lien for which a release has been submitted. The fee for the
6dealer lien release certificate of title is $20.
7    (b) The Secretary may prescribe the maximum service charge
8to be imposed upon an applicant for renewal of a registration
9by any person authorized by law to receive and remit or
10transmit to the Secretary such renewal application and fees
11therewith.
12    (c) If payment is delivered to the Office of the Secretary
13of State as payment of any fee or tax under this Code, and such
14payment is not honored for any reason, the registrant or other
15person tendering the payment remains liable for the payment of
16such fee or tax. The Secretary of State may assess a service
17charge of $25 in addition to the fee or tax due and owing for
18all dishonored payments.
19    If the total amount then due and owing exceeds the sum of
20$100 and has not been paid in full within 60 days from the date
21such fee or tax became due to the Secretary of State, the
22Secretary of State shall assess a penalty of 25% of such amount
23remaining unpaid.
24    All amounts payable under this Section shall be computed to
25the nearest dollar. Out of each fee collected for dishonored
26payments, $5 shall be deposited in the Secretary of State

 

 

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1Special Services Fund.
2    (d) The minimum fee and tax to be paid by any applicant for
3apportionment of a fleet of vehicles under this Code shall be
4$15 if the application was filed on or before the date
5specified by the Secretary together with fees and taxes due. If
6an application and the fees or taxes due are filed after the
7date specified by the Secretary, the Secretary may prescribe
8the payment of interest at the rate of 1/2 of 1% per month or
9fraction thereof after such due date and a minimum of $8.
10    (e) Trucks, truck tractors, truck tractors with loads, and
11motor buses, any one of which having a combined total weight in
12excess of 12,000 lbs. shall file an application for a Fleet
13Reciprocity Permit issued by the Secretary of State. This
14permit shall be in the possession of any driver operating a
15vehicle on Illinois highways. Any foreign licensed vehicle of
16the second division operating at any time in Illinois without a
17Fleet Reciprocity Permit or other proper Illinois
18registration, shall subject the operator to the penalties
19provided in Section 3-834 of this Code. For the purposes of
20this Code, "Fleet Reciprocity Permit" means any second division
21motor vehicle with a foreign license and used only in
22interstate transportation of goods. The fee for such permit
23shall be $15 per fleet which shall include all vehicles of the
24fleet being registered.
25    (f) For purposes of this Section, "all-terrain vehicle or
26off-highway motorcycle used for production agriculture" means

 

 

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1any all-terrain vehicle or off-highway motorcycle used in the
2raising of or the propagation of livestock, crops for sale for
3human consumption, crops for livestock consumption, and
4production seed stock grown for the propagation of feed grains
5and the husbandry of animals or for the purpose of providing a
6food product, including the husbandry of blood stock as a main
7source of providing a food product. "All-terrain vehicle or
8off-highway motorcycle used in production agriculture" also
9means any all-terrain vehicle or off-highway motorcycle used in
10animal husbandry, floriculture, aquaculture, horticulture, and
11viticulture.
12    (g) All of the proceeds of the additional fees imposed by
13Public Act 96-34 shall be deposited into the Capital Projects
14Fund.
15(Source: P.A. 96-34, eff. 7-13-09; 96-554, eff. 1-1-10; 96-653,
16eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1274, eff. 7-26-10;
1797-835, eff. 1-1-13; 97-838, eff. 7-20-12; 97-1150, eff.
181-25-13.)