Illinois General Assembly - Full Text of HB5056
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Full Text of HB5056  100th General Assembly

HB5056enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
HB5056 EnrolledLRB100 18646 LNS 33873 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 3-117.1, 3-405.1, 3-414, 3-600, 3-803, 3-804.01,
63-808.1, 3-815, 3-821, 4-107, 5-101, 5-102, 5-401.3, and 13-101
7and by adding Section 1-177.5 as follows:
 
8    (625 ILCS 5/1-177.5 new)
9    Sec. 1-177.5. Road machine. A machine or implement designed
10and used primarily for building, repair, or construction and
11involves only temporary operation on roadways for purposes
12other than transportation.
 
13    (625 ILCS 5/3-117.1)  (from Ch. 95 1/2, par. 3-117.1)
14    Sec. 3-117.1. When junking certificates or salvage
15certificates must be obtained.
16    (a) Except as provided in Chapter 4 and Section 3-117.3 of
17this Code, a person who possesses a junk vehicle shall within
1815 days cause the certificate of title, salvage certificate,
19certificate of purchase, or a similarly acceptable out of state
20document of ownership to be surrendered to the Secretary of
21State along with an application for a junking certificate,
22except as provided in Section 3-117.2, whereupon the Secretary

 

 

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1of State shall issue to such a person a junking certificate,
2which shall authorize the holder thereof to possess, transport,
3or, by an endorsement, transfer ownership in such junked
4vehicle, and a certificate of title shall not again be issued
5for such vehicle. The owner of a junk vehicle is not required
6to surrender the certificate of title under this subsection if
7(i) there is no lienholder on the certificate of title or (ii)
8the owner of the junk vehicle has a valid lien release from the
9lienholder releasing all interest in the vehicle and the owner
10applying for the junk certificate matches the current record on
11the certificate of title file for the vehicle.
12    A licensee who possesses a junk vehicle and a Certificate
13of Title, Salvage Certificate, Certificate of Purchase, or a
14similarly acceptable out-of-state document of ownership for
15such junk vehicle, may transport the junk vehicle to another
16licensee prior to applying for or obtaining a junking
17certificate, by executing a uniform invoice. The licensee
18transferor shall furnish a copy of the uniform invoice to the
19licensee transferee at the time of transfer. In any case, the
20licensee transferor shall apply for a junking certificate in
21conformance with Section 3-117.1 of this Chapter. The following
22information shall be contained on a uniform invoice:
23        (1) The business name, address and dealer license
24    number of the person disposing of the vehicle, junk vehicle
25    or vehicle cowl;
26        (2) The name and address of the person acquiring the

 

 

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1    vehicle, junk vehicle or vehicle cowl, and if that person
2    is a dealer, the Illinois or out-of-state dealer license
3    number of that dealer;
4        (3) The date of the disposition of the vehicle, junk
5    vehicle or vehicle cowl;
6        (4) The year, make, model, color and description of
7    each vehicle, junk vehicle or vehicle cowl disposed of by
8    such person;
9        (5) The manufacturer's vehicle identification number,
10    Secretary of State identification number or Illinois
11    Department of State Police number, for each vehicle, junk
12    vehicle or vehicle cowl part disposed of by such person;
13        (6) The printed name and legible signature of the
14    person or agent disposing of the vehicle, junk vehicle or
15    vehicle cowl; and
16        (7) The printed name and legible signature of the
17    person accepting delivery of the vehicle, junk vehicle or
18    vehicle cowl.
19    The Secretary of State may certify a junking manifest in a
20form prescribed by the Secretary of State that reflects those
21vehicles for which junking certificates have been applied or
22issued. A junking manifest may be issued to any person and it
23shall constitute evidence of ownership for the vehicle listed
24upon it. A junking manifest may be transferred only to a person
25licensed under Section 5-301 of this Code as a scrap processor.
26A junking manifest will allow the transportation of those

 

 

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1vehicles to a scrap processor prior to receiving the junk
2certificate from the Secretary of State.
3    (b) An application for a salvage certificate shall be
4submitted to the Secretary of State in any of the following
5situations:
6        (1) When an insurance company makes a payment of
7    damages on a total loss claim for a vehicle, the insurance
8    company shall be deemed to be the owner of such vehicle and
9    the vehicle shall be considered to be salvage except that
10    ownership of (i) a vehicle that has incurred only hail
11    damage that does not affect the operational safety of the
12    vehicle or (ii) any vehicle 9 model years of age or older
13    may, by agreement between the registered owner and the
14    insurance company, be retained by the registered owner of
15    such vehicle. The insurance company shall promptly deliver
16    or mail within 20 days the certificate of title along with
17    proper application and fee to the Secretary of State, and a
18    salvage certificate shall be issued in the name of the
19    insurance company. Notwithstanding the foregoing, an
20    insurer making payment of damages on a total loss claim for
21    the theft of a vehicle shall not be required to apply for a
22    salvage certificate unless the vehicle is recovered and has
23    incurred damage that initially would have caused the
24    vehicle to be declared a total loss by the insurer.
25        (1.1) When a vehicle of a self-insured company is to be
26    sold in the State of Illinois and has sustained damaged by

 

 

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1    collision, fire, theft, rust corrosion, or other means so
2    that the self-insured company determines the vehicle to be
3    a total loss, or if the cost of repairing the damage,
4    including labor, would be greater than 70% of its fair
5    market value without that damage, the vehicle shall be
6    considered salvage. The self-insured company shall
7    promptly deliver the certificate of title along with proper
8    application and fee to the Secretary of State, and a
9    salvage certificate shall be issued in the name of the
10    self-insured company. A self-insured company making
11    payment of damages on a total loss claim for the theft of a
12    vehicle may exchange the salvage certificate for a
13    certificate of title if the vehicle is recovered without
14    damage. In such a situation, the self-insured shall fill
15    out and sign a form prescribed by the Secretary of State
16    which contains an affirmation under penalty of perjury that
17    the vehicle was recovered without damage and the Secretary
18    of State may, by rule, require photographs to be submitted.
19        (2) When a vehicle the ownership of which has been
20    transferred to any person through a certificate of purchase
21    from acquisition of the vehicle at an auction, other
22    dispositions as set forth in Sections 4-208 and 4-209 of
23    this Code, a lien arising under Section 18a-501 of this
24    Code, or a public sale under the Abandoned Mobile Home Act
25    shall be deemed salvage or junk at the option of the
26    purchaser. The person acquiring such vehicle in such manner

 

 

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1    shall promptly deliver or mail, within 20 days after the
2    acquisition of the vehicle, the certificate of purchase,
3    the proper application and fee, and, if the vehicle is an
4    abandoned mobile home under the Abandoned Mobile Home Act,
5    a certification from a local law enforcement agency that
6    the vehicle was purchased or acquired at a public sale
7    under the Abandoned Mobile Home Act to the Secretary of
8    State and a salvage certificate or junking certificate
9    shall be issued in the name of that person. The salvage
10    certificate or junking certificate issued by the Secretary
11    of State under this Section shall be free of any lien that
12    existed against the vehicle prior to the time the vehicle
13    was acquired by the applicant under this Code.
14        (3) A vehicle which has been repossessed by a
15    lienholder shall be considered to be salvage only when the
16    repossessed vehicle, on the date of repossession by the
17    lienholder, has sustained damage by collision, fire,
18    theft, rust corrosion, or other means so that the cost of
19    repairing such damage, including labor, would be greater
20    than 33 1/3% of its fair market value without such damage.
21    If the lienholder determines that such vehicle is damaged
22    in excess of 33 1/3% of such fair market value, the
23    lienholder shall, before sale, transfer or assignment of
24    the vehicle, make application for a salvage certificate,
25    and shall submit with such application the proper fee and
26    evidence of possession. If the facts required to be shown

 

 

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1    in subsection (f) of Section 3-114 are satisfied, the
2    Secretary of State shall issue a salvage certificate in the
3    name of the lienholder making the application. In any case
4    wherein the vehicle repossessed is not damaged in excess of
5    33 1/3% of its fair market value, the lienholder shall
6    comply with the requirements of subsections (f), (f-5), and
7    (f-10) of Section 3-114, except that the affidavit of
8    repossession made by or on behalf of the lienholder shall
9    also contain an affirmation under penalty of perjury that
10    the vehicle on the date of sale is not damaged in excess of
11    33 1/3% of its fair market value. If the facts required to
12    be shown in subsection (f) of Section 3-114 are satisfied,
13    the Secretary of State shall issue a certificate of title
14    as set forth in Section 3-116 of this Code. The Secretary
15    of State may by rule or regulation require photographs to
16    be submitted.
17        (4) A vehicle which is a part of a fleet of more than 5
18    commercial vehicles registered in this State or any other
19    state or registered proportionately among several states
20    shall be considered to be salvage when such vehicle has
21    sustained damage by collision, fire, theft, rust,
22    corrosion or similar means so that the cost of repairing
23    such damage, including labor, would be greater than 33 1/3%
24    of the fair market value of the vehicle without such
25    damage. If the owner of a fleet vehicle desires to sell,
26    transfer, or assign his interest in such vehicle to a

 

 

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1    person within this State other than an insurance company
2    licensed to do business within this State, and the owner
3    determines that such vehicle, at the time of the proposed
4    sale, transfer or assignment is damaged in excess of 33
5    1/3% of its fair market value, the owner shall, before such
6    sale, transfer or assignment, make application for a
7    salvage certificate. The application shall contain with it
8    evidence of possession of the vehicle. If the fleet vehicle
9    at the time of its sale, transfer, or assignment is not
10    damaged in excess of 33 1/3% of its fair market value, the
11    owner shall so state in a written affirmation on a form
12    prescribed by the Secretary of State by rule or regulation.
13    The Secretary of State may by rule or regulation require
14    photographs to be submitted. Upon sale, transfer or
15    assignment of the fleet vehicle the owner shall mail the
16    affirmation to the Secretary of State.
17        (5) A vehicle that has been submerged in water to the
18    point that rising water has reached over the door sill and
19    has entered the passenger or trunk compartment is a "flood
20    vehicle". A flood vehicle shall be considered to be salvage
21    only if the vehicle has sustained damage so that the cost
22    of repairing the damage, including labor, would be greater
23    than 33 1/3% of the fair market value of the vehicle
24    without that damage. The salvage certificate issued under
25    this Section shall indicate the word "flood", and the word
26    "flood" shall be conspicuously entered on subsequent

 

 

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1    titles for the vehicle. A person who possesses or acquires
2    a flood vehicle that is not damaged in excess of 33 1/3% of
3    its fair market value shall make application for title in
4    accordance with Section 3-116 of this Code, designating the
5    vehicle as "flood" in a manner prescribed by the Secretary
6    of State. The certificate of title issued shall indicate
7    the word "flood", and the word "flood" shall be
8    conspicuously entered on subsequent titles for the
9    vehicle.
10        (6) When any licensed rebuilder, repairer, new or used
11    vehicle dealer, or remittance agent has submitted an
12    application for title to a vehicle (other than an
13    application for title to a rebuilt vehicle) that he or she
14    knows or reasonably should have known to have sustained
15    damages in excess of 33 1/3% of the vehicle's fair market
16    value without that damage; provided, however, that any
17    application for a salvage certificate for a vehicle
18    recovered from theft and acquired from an insurance company
19    shall be made as required by paragraph (1) of this
20    subsection (b).
21    (c) Any person who without authority acquires, sells,
22exchanges, gives away, transfers or destroys or offers to
23acquire, sell, exchange, give away, transfer or destroy the
24certificate of title to any vehicle which is a junk or salvage
25vehicle shall be guilty of a Class 3 felony.
26    (d) Except as provided under subsection (a), any Any person

 

 

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1who knowingly fails to surrender to the Secretary of State a
2certificate of title, salvage certificate, certificate of
3purchase or a similarly acceptable out-of-state document of
4ownership as required under the provisions of this Section is
5guilty of a Class A misdemeanor for a first offense and a Class
64 felony for a subsequent offense; except that a person
7licensed under this Code who violates paragraph (5) of
8subsection (b) of this Section is guilty of a business offense
9and shall be fined not less than $1,000 nor more than $5,000
10for a first offense and is guilty of a Class 4 felony for a
11second or subsequent violation.
12    (e) Any vehicle which is salvage or junk may not be driven
13or operated on roads and highways within this State. A
14violation of this subsection is a Class A misdemeanor. A
15salvage vehicle displaying valid special plates issued under
16Section 3-601(b) of this Code, which is being driven to or from
17an inspection conducted under Section 3-308 of this Code, is
18exempt from the provisions of this subsection. A salvage
19vehicle for which a short term permit has been issued under
20Section 3-307 of this Code is exempt from the provisions of
21this subsection for the duration of the permit.
22(Source: P.A. 99-932, eff. 6-1-17; 100-104, eff. 11-9-17.)
 
23    (625 ILCS 5/3-405.1)  (from Ch. 95 1/2, par. 3-405.1)
24    Sec. 3-405.1. Application for vanity and personalized
25license plates.

 

 

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1    (a) Vanity license plates mean any license plates, assigned
2to a passenger motor vehicle of the first division, to a motor
3vehicle of the second division registered at not more than
48,000 pounds, to a trailer weighing 8,000 pounds or less paying
5the flat weight tax, to a funeral home vehicle, or to a
6recreational vehicle, which display a registration number
7containing 1 to 7 letters and no numbers or 1, 2, or 3 numbers
8and no letters as requested by the owner of the vehicle and
9license plates issued to retired members of Congress under
10Section 3-610.1 or to retired members of the General Assembly
11as provided in Section 3-606.1. Personalized license plates
12mean any license plates, assigned to a passenger motor vehicle
13of the first division, to a motor vehicle of the second
14division registered at not more than 8,000 pounds, to a trailer
15weighing 8,000 pounds or less paying the flat weight tax, to a
16funeral home vehicle, or to a recreational vehicle, which
17display a registration number containing one of the following
18combinations of letters and numbers, as requested by the owner
19of the vehicle:
 
20    Standard Passenger Plates
21    First Division Vehicles
 
22    1 letter plus 0-99
23    2 letters plus 0-99
24    3 letters plus 0-99

 

 

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1    4 letters plus 0-99
2    5 letters plus 0-99
3    6 letters plus 0-9
 
 
4    Second Division Vehicles
5    8,000 pounds or less, Trailers
6    8,000 pounds or less paying the flat
7    weight tax, and Recreation Vehicles
 
8    0-999 plus 1 letter
9    0-999 plus 2 letters
10    0-999 plus 3 letters
11    0-99 plus 4 letters
12    0-9 plus 5 letters
13    (b) For any registration period commencing after December
1431, 2003, any person who is the registered owner of a passenger
15motor vehicle of the first division, of a motor vehicle of the
16second division registered at not more than 8,000 pounds, of a
17trailer weighing 8,000 pounds or less paying the flat weight
18tax, of a funeral home vehicle, or of a recreational vehicle
19registered with the Secretary of State or who makes application
20for an original registration of such a motor vehicle or renewal
21registration of such a motor vehicle may, upon payment of a fee
22prescribed in Section 3-806.1 or Section 3-806.5, apply to the
23Secretary of State for vanity or personalized license plates.

 

 

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1    (c) Except as otherwise provided in this Chapter 3, vanity
2and personalized license plates as issued under this Section
3shall be the same color and design as other passenger vehicle
4license plates and shall not in any manner conflict with any
5other existing passenger, commercial, trailer, motorcycle, or
6special license plate series. However, special registration
7plates issued under Sections 3-611 and 3-616 for vehicles
8operated by or for persons with disabilities may also be vanity
9or personalized license plates.
10    (d) Vanity and personalized license plates shall be issued
11only to the registered owner of the vehicle on which they are
12to be displayed, except as provided in Sections 3-611 and 3-616
13for special registration plates for vehicles operated by or for
14persons with disabilities.
15    (e) An applicant for the issuance of vanity or personalized
16license plates or subsequent renewal thereof shall file an
17application in such form and manner and by such date as the
18Secretary of State may, in his discretion, require.
19    No vanity nor personalized license plates shall be
20approved, manufactured, or distributed that contain any
21characters, symbols other than the international accessibility
22symbol for vehicles operated by or for persons with
23disabilities, foreign words, or letters of punctuation.
24    (f) Vanity and personalized license plates as issued
25pursuant to this Act may be subject to the Staggered
26Registration System as prescribed by the Secretary of State.

 

 

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1    (g) For purposes of this Section, "funeral home vehicle"
2means any motor vehicle of the first division or motor vehicle
3of the second division weighing 8,000 pounds or less that is
4owned or leased by a funeral home.
5(Source: P.A. 95-287, eff. 1-1-08.)
 
6    (625 ILCS 5/3-414)  (from Ch. 95 1/2, par. 3-414)
7    Sec. 3-414. Expiration of registration.
8    (a) Every vehicle registration under this Chapter and every
9registration card and registration plate or registration
10sticker issued hereunder to a vehicle shall be for the periods
11specified in this Chapter and shall expire at midnight on the
12day and date specified in this Section as follows:
13        1. When registered on a calendar year basis commencing
14    January 1, expiration shall be on the 31st day of December
15    or at such other date as may be selected in the discretion
16    of the Secretary of State; however, through December 31,
17    2004, registrations of apportionable vehicles,
18    motorcycles, motor driven cycles and pedalcycles shall
19    commence on the first day of April and shall expire March
20    31st of the following calendar year;
21        1.1. Beginning January 1, 2005, registrations of
22    motorcycles and motor driven cycles shall commence on
23    January 1 and shall expire on December 31 or on another
24    date that may be selected by the Secretary; registrations
25    of apportionable vehicles and pedalcycles, however, shall

 

 

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1    commence on the first day of April and shall expire March
2    31 of the following calendar year;
3        2. When registered on a 2 calendar year basis
4    commencing January 1 of an even-numbered year, expiration
5    shall be on the 31st day of December of the ensuing
6    odd-numbered year, or at such other later date as may be
7    selected in the discretion of the Secretary of State not
8    beyond March 1 next;
9        3. When registered on a fiscal year basis commencing
10    July 1, expiration shall be on the 30th day of June or at
11    such other later date as may be selected in the discretion
12    of the Secretary of State not beyond September 1 next;
13        4. When registered on a 2 fiscal year basis commencing
14    July 1 of an even-numbered year, expiration shall be on the
15    30th day of June of the ensuing even-numbered year, or at
16    such other later date as may be selected in the discretion
17    of the Secretary of State not beyond September 1 next;
18        5. When registered on a 4 fiscal year basis commencing
19    July 1 of an even-numbered year, expiration shall be on the
20    30th day of June of the second ensuing even-numbered year,
21    or at such other later date as may be selected in the
22    discretion of the Secretary of State not beyond September 1
23    next.
24    (a-5) The Secretary may, in his or her discretion, require
25an owner of a motor vehicle of the first division or a motor
26vehicle of the second division weighing not more than 8,000

 

 

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1pounds to select the owner's birthday as the date of
2registration expiration under this Section. If the motor
3vehicle has more than one registered owner, the owners may
4select one registered owner's birthday as the date of
5registration expiration. The Secretary may adopt any rules
6necessary to implement this subsection.
7    (b) Vehicle registrations of vehicles of the first division
8shall be for a calendar year, 2 calendar year, 3 calendar year,
9or 5 calendar year basis as provided for in this Chapter.
10    Vehicle registrations of vehicles under Sections 3-807,
113-808 and 3-809 shall be on an indefinite term basis or a 2
12calendar year basis as provided for in this Chapter.
13    Vehicle registrations for vehicles of the second division
14shall be for a fiscal year, 2 fiscal year or calendar year
15basis as provided for in this Chapter.
16    Motor vehicles registered under the provisions of Section
173-402.1 shall be issued multi-year registration plates with a
18new registration card issued annually upon payment of the
19appropriate fees. Motor vehicles registered under the
20provisions of Section 3-405.3 shall be issued multi-year
21registration plates with a new multi-year registration card
22issued pursuant to subsections (j), (k), and (l) of this
23Section upon payment of the appropriate fees. Apportionable
24trailers and apportionable semitrailers registered under the
25provisions of Section 3-402.1 shall be issued multi-year
26registration plates and cards that will be subject to

 

 

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1revocation for failure to pay annual fees required by Section
23-814.1. The Secretary shall determine when these vehicles
3shall be issued new registration plates.
4    (c) Every vehicle registration specified in Section 3-810
5and every registration card and registration plate or
6registration sticker issued thereunder shall expire on the 31st
7day of December of each year or at such other date as may be
8selected in the discretion of the Secretary of State.
9    (d) Every vehicle registration for a vehicle of the second
10division weighing over 8,000 pounds, except as provided in
11subsection paragraph (g) of this Section, and every
12registration card and registration plate or registration
13sticker, where applicable, issued hereunder to such vehicles
14shall be issued for a fiscal year commencing on July 1st of
15each registration year. However, the Secretary of State may,
16pursuant to an agreement or arrangement or declaration
17providing for apportionment of a fleet of vehicles with other
18jurisdictions, provide for registration of such vehicles under
19apportionment or for all of the vehicles registered in Illinois
20by an applicant who registers some of his vehicles under
21apportionment on a calendar year basis instead, and the fees or
22taxes to be paid on a calendar year basis shall be identical to
23those specified in this Code Act for a fiscal year
24registration. Provision for installment payment may also be
25made.
26    (e) Semitrailer registrations under apportionment may be

 

 

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1on a calendar year under a reciprocal agreement or arrangement
2and all other semitrailer registrations shall be on fiscal year
3or 2 fiscal year or 4 fiscal year basis as provided for in this
4Chapter.
5    (f) The Secretary of State may convert annual registration
6plates or 2-year registration plates, whether registered on a
7calendar year or fiscal year basis, to multi-year plates. The
8determination of which plate categories and when to convert to
9multi-year plates is solely within the discretion of the
10Secretary of State.
11    (g) After January 1, 1975, each registration, registration
12card and registration plate or registration sticker, where
13applicable, issued for a recreational vehicle or recreational
14or camping trailer, except a house trailer, used exclusively by
15the owner for recreational purposes, and not used commercially
16nor as a truck or bus, nor for hire, shall be on a calendar year
17basis; except that the Secretary of State shall provide for
18registration and the issuance of registration cards and plates
19or registration stickers, where applicable, for one 6-month
20period in order to accomplish an orderly transition from a
21fiscal year to a calendar year basis. Fees and taxes due under
22this Code Act for a registration year shall be appropriately
23reduced for such 6-month transitional registration period.
24    (h) The Secretary of State may, in order to accomplish an
25orderly transition for vehicles registered under Section
263-402.1 of this Code from a calendar year registration to a

 

 

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1March 31st expiration, require applicants to pay fees and taxes
2due under this Code on a 15 month registration basis. However,
3if in the discretion of the Secretary of State this creates an
4undue hardship on any applicant the Secretary may allow the
5applicant to pay 3 month fees and taxes at the time of
6registration and the additional 12 month fees and taxes to be
7payable no later than March 31, 1992.
8    (i) The Secretary of State may stagger registrations, or
9change the annual expiration date, as necessary for the
10convenience of the public and the efficiency of his Office. In
11order to appropriately and effectively accomplish any such
12staggering, the Secretary of State is authorized to prorate all
13required registration fees, rounded to the nearest dollar, but
14in no event for a period longer than 18 months, at a monthly
15rate for a 12-month 12 month registration fee.
16    (j) The Secretary of State may enter into an agreement with
17a rental owner, as defined in Section 3-400 of this Code, who
18registers a fleet of motor vehicles of the first division
19pursuant to Section 3-405.3 of this Code to provide for the
20registration of the rental owner's vehicles on a 2 or 3
21calendar year basis and the issuance of multi-year registration
22plates with a new registration card issued up to every 3 years.
23    (k) The Secretary of State may provide multi-year
24registration cards for any registered fleet of motor vehicles
25of the first or second division that are registered pursuant to
26Section 3-405.3 of this Code. Each motor vehicle of the

 

 

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1registered fleet must carry a an unique multi-year registration
2card that displays the vehicle identification number of the
3registered motor vehicle. The Secretary of State shall
4promulgate rules in order to implement multi-year
5registrations.
6    (l) Beginning with the 2018 registration year, the
7Secretary of State may enter into an agreement with a rental
8owner, as defined in Section 3-400 of this Code, who registers
9a fleet of motor vehicles of the first division under Section
103-405.3 of this Code to provide for the registration of the
11rental owner's vehicle on a 5 calendar year basis. Motor
12vehicles registered on a 5 calendar year basis shall be issued
13a distinct registration plate that expires on a 5-year cycle.
14The Secretary may prorate the registration of these
15registration plates to the length of time remaining in the
165-year cycle. The Secretary may adopt any rules necessary to
17implement this subsection.
18(Source: P.A. 99-80, eff. 1-1-16; 99-644, eff. 1-1-17; 100-201,
19eff. 8-18-17; revised 10-12-17.)
 
20    (625 ILCS 5/3-600)  (from Ch. 95 1/2, par. 3-600)
21    Sec. 3-600. Requirements for issuance of special plates.
22    (a) The Secretary of State shall issue only special plates
23that have been authorized by the General Assembly. Except as
24provided in subsection (a-5), the Secretary of State shall not
25issue a series of special plates, or Universal special plates

 

 

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1associated with an organization authorized to issue decals for
2Universal special plates, unless applications, as prescribed
3by the Secretary, have been received for 2,000 plates of that
4series. Where a special plate is authorized by law to raise
5funds for a specific civic group, charitable entity, or other
6identified organization, or when the civic group, charitable
7entity, or organization is authorized to issue decals for
8Universal special license plates, and where the Secretary of
9State has not received the required number of applications to
10issue that special plate within 2 years of the effective date
11of the Public Act authorizing the special plate or decal, the
12Secretary of State's authority to issue the special plate or a
13Universal special plate associated with that decal is
14nullified. All applications for special plates shall be on a
15form designated by the Secretary and shall be accompanied by
16any civic group's, charitable entity's, or other identified
17fundraising organization's portion of the additional fee
18associated with that plate or decal. All fees collected under
19this Section are non-refundable and shall be deposited in the
20special fund as designated in the enabling legislation,
21regardless of whether the plate or decal is produced. Upon the
22adoption of this amendatory Act of the 99th General Assembly,
23no further special license plates shall be authorized by the
24General Assembly unless that special license plate is
25authorized under subsection (a-5) of this Section.
26    (a-5) If the General Assembly authorizes the issuance of a

 

 

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1special plate that recognizes the applicant's military service
2or receipt of a military medal or award, the Secretary may
3immediately begin issuing that special plate.
4    (b) The Secretary of State, upon issuing a new series of
5special license plates, shall notify all law enforcement
6officials of the design, color and other special features of
7the special license plate series.
8    (c) This Section shall not apply to the Secretary of
9State's discretion as established in Section 3-611.
10    (d) If a law authorizing a special license plate provides
11that the sponsoring organization is to designate a charitable
12entity as the recipient of the funds from the sale of that
13license plate, the designated charitable entity must be in
14compliance with the registration and reporting requirements of
15the Charitable Trust Act and the Solicitation for Charity Act.
16In addition, the charitable entity must annually provide the
17Secretary of State's office a letter of compliance issued by
18the Illinois Attorney General's office verifying the entity is
19in compliance with the Acts.
20    In the case of a law in effect before the effective date of
21this amendatory Act of the 97th General Assembly, the name of
22the charitable entity which is to receive the funds shall be
23provided to the Secretary of State within one year after the
24effective date of this amendatory Act of the 97th General
25Assembly. In the case of a law that takes effect on or after
26the effective date of this amendatory Act of the 97th General

 

 

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1Assembly, the name of the charitable entity which is to receive
2the funds shall be provided to the Secretary of State within
3one year after the law takes effect. If the organization fails
4to designate an appropriate charitable entity within the
5one-year period, or if the designated charitable entity fails
6to annually provide the Secretary of State a letter of
7compliance issued by the Illinois Attorney General's office,
8any funds collected from the sale of plates authorized for that
9organization and not previously disbursed shall be transferred
10to the General Revenue Fund, and the special plates shall be
11discontinued.
12    (e) If fewer than 1,000 sets of any special license plate
13authorized by law and issued by the Secretary of State are
14actively registered for 2 consecutive calendar years, the
15Secretary of State may discontinue the issuance of that special
16license plate or require that special license plate to be
17exchanged for Universal special plates with appropriate
18decals.
19    (f) Where special license plates have been discontinued
20pursuant to subsection (d) or (e) of this Section, or when the
21special license plates are required to be exchanged for
22Universal special plates under subsection (e) of this Section,
23all previously issued plates of that type shall be recalled.
24Owners of vehicles which were registered with recalled plates
25shall not be charged a reclassification or registration sticker
26replacement plate fee upon the issuance of new plates for those

 

 

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1vehicles.
2    (g) Any special plate that is authorized to be issued for
3motorcycles may also be issued for autocycles.
4    (h) The Secretary may use alternating numeric and
5alphabetical characters when issuing a special registration
6plate authorized under this Chapter.
7(Source: P.A. 98-777, eff. 1-1-15; 99-483, eff. 7-1-16.)
 
8    (625 ILCS 5/3-803)  (from Ch. 95 1/2, par. 3-803)
9    Sec. 3-803. Reductions.
10    (a) Reduction of fees and taxes prescribed in this Chapter
11shall be applicable only to vehicles newly-acquired by the
12owner after the beginning of a registration period or which
13become subject to registration after the beginning of a
14registration period as specified in this Act. The Secretary of
15State may deny a reduction as to any vehicle operated in this
16State without being properly and timely registered in Illinois
17under this Chapter, of a vehicle in violation of any provision
18of this Chapter, or upon detection of such violation by an
19audit, or upon determining that such vehicle was operated in
20Illinois before such violation. Bond or other security in the
21proper amount may be required by the Secretary of State while
22the matter is under investigation. Reductions shall be granted
23if a person becomes the owner after the dates specified or if a
24vehicle becomes subject to registration under this Act, as
25amended, after the dates specified.

 

 

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1    (b) Vehicles of the First Division. The annual fees and
2taxes prescribed by Section 3-806 shall be reduced by 50% on
3and after June 15, except as provided in Sections 3-414 and
43-802 of this Act.
5    (c) Vehicles of the Second Division. The annual fees and
6taxes prescribed by Sections 3-402, 3-402.1, 3-815 and 3-819
7and paid on a calendar year for such vehicles shall be reduced
8on a quarterly basis if the vehicle becomes subject to
9registration on and after March 31, June 30 or September 30.
10Where such fees and taxes are payable on a fiscal year basis,
11they shall be reduced on a quarterly basis on and after
12September 30, December 31 or March 31.
13    (d) Two-year Registrations. The fees and taxes prescribed
14by Section 3-808 for 2-year registrations shall not be reduced
15in any event. However, the fees and taxes prescribed for all
16other 2-year registrations by this Act, shall be reduced as
17follows:
18    By 25% on and after June 15;
19    By 50% on and after December 15;
20    By 75% on and after the next ensuing June 15.
21    (e) The registration fees and taxes imposed upon certain
22vehicles shall not be reduced by any amount in any event in the
23following instances:
24    Permits under Sections 3-403 and 3-811;
25    Municipal Buses under Section 3-807;
26    Governmental or charitable vehicles under Section 3-808;

 

 

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1    Farm Machinery under Section 3-809;
2    Soil and conservation equipment under Section 3-809.1;
3    Special Plates under Section 3-810;
4    Permanently mounted equipment under Section 3-812;
5    Registration fee under Section 3-813;
6    Semitrailer fees under Section 3-814;
7    Farm trucks under Section 3-815;
8    Mileage weight tax option under Section 3-818;
9    Farm trailers under Section 3-819;
10    Duplicate plates under Section 3-820;
11    Fees under Section 3-821;
12    Search Fees under Section 3-823.
13    (f) The reductions provided for shall not apply to any
14vehicle of the first or second division registered by the same
15applicant in the prior registration year.
16    The changes to this Section made by Public Act 84-210 take
17effect with the 1986 Calendar Registration Year.
18    (g) Reductions shall in no event result in payment of a fee
19or tax less than $6, and the Secretary of State shall
20promulgate schedules of fees reflecting applicable reductions.
21Where any reduced amount is not stated in full dollars, the
22Secretary of State may adjust the amount due to the nearest
23full dollar amount.
24    (h) The reductions provided for in subsections (a) through
25(g) of this Section shall not apply to those vehicles of the
26first or second division registered on a staggered registration

 

 

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1basis.
2    (i) A vehicle which becomes subject to registration during
3the last month of the current registration year is exempt from
4any applicable reduced fourth quarter or second semiannual
5registration fee, and may register for the subsequent
6registration year as its initial registration. This subsection
7does not include those apportioned and prorated fees under
8Sections 3-402 and 3-402.1 of this Code.
9(Source: P.A. 94-239, eff. 1-1-06.)
 
10    (625 ILCS 5/3-804.01)
11    Sec. 3-804.01. Expanded-use antique vehicles.
12    (a) The owner of a motor vehicle that is more than 25 years
13of age or a bona fide replica thereof may register the vehicle
14as an expanded-use antique vehicle. In addition to the
15appropriate registration and renewal fees, the fee for
16expanded-use antique vehicle registration and renewal, except
17as provided under subsection (d), shall be $45 per year. The
18application for registration must be accompanied by an
19affirmation of the owner that:
20        (1) from January 1 through March 31 and from November 1
21    through December 31, the vehicle will be driven on the
22    highways only for the purpose of going to and returning
23    from an antique auto show or an exhibition, or for
24    servicing or demonstration; and
25        (2) the mechanical condition, physical condition,

 

 

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1    brakes, lights, glass, and appearance of such vehicle is
2    the same or as safe as originally equipped.
3    From April 1 through October 31, a vehicle registered as an
4expanded-use antique vehicle may be driven on the highways
5without being subject to the restrictions set forth in
6subdivision (1). The Secretary may prescribe, in the
7Secretary's discretion, that expanded-use antique vehicle
8plates be issued for a definite or an indefinite term, such
9term to correspond to the term of registration plates issued
10generally, as provided in Section 3-414.1. Any person
11requesting expanded-use antique vehicle plates under this
12Section may also apply to have vanity or personalized plates as
13provided under Section 3-405.1.
14    (b) Any person who is the registered owner of an
15expanded-use antique vehicle may display a historical license
16plate from or representing the model year of the vehicle,
17furnished by such person, in lieu of the current and valid
18Illinois expanded-use antique vehicle plates issued thereto,
19provided that the valid and current Illinois expanded-use
20antique vehicle plates and registration card issued to the
21expanded-use antique vehicle are simultaneously carried within
22the vehicle and are available for inspection.
23    (c) The Secretary may credit a pro-rated portion of a fee
24previously paid for an antique vehicle registration under
25Section 3-804 to an owner who applies to have that vehicle
26registered as an expanded-use antique vehicle instead of an

 

 

HB5056 Enrolled- 29 -LRB100 18646 LNS 33873 b

1antique vehicle.
2    (d) The Secretary may make a version of the registration
3plate authorized under this Section in a form appropriate for
4motorcycles. In addition to the required registration and
5renewal fees, the fee for motorcycle expanded-use antique
6vehicle registration and renewal shall be $23 per year.
7(Source: P.A. 97-412, eff. 1-1-12.)
 
8    (625 ILCS 5/3-808.1)  (from Ch. 95 1/2, par. 3-808.1)
9    Sec. 3-808.1. Permanent vehicle registration plate.
10    (a) Permanent vehicle registration plates shall be issued,
11at no charge, to the following:
12        1. Vehicles, other than medical transport vehicles,
13    owned and operated by the State of Illinois or by any State
14    agency financed by funds appropriated by the General
15    Assembly;
16        2. Special disability plates issued to vehicles owned
17    and operated by the State of Illinois or by any State
18    agency financed by funds appropriated by the General
19    Assembly.
20    (b) Permanent vehicle registration plates shall be issued,
21for a one time fee of $8.00, to the following:
22        1. Vehicles, other than medical transport vehicles,
23    operated by or for any county, township or municipal
24    corporation.
25        2. Vehicles owned by counties, townships or municipal

 

 

HB5056 Enrolled- 30 -LRB100 18646 LNS 33873 b

1    corporations for persons with disabilities.
2        3. Beginning with the 1991 registration year,
3    county-owned vehicles operated by or for any county sheriff
4    and designated deputy sheriffs. These registration plates
5    shall contain the specific county code and unit number.
6        4. All-terrain vehicles owned by counties, townships,
7    or municipal corporations and used for law enforcement
8    purposes when the Manufacturer's Statement of Origin is
9    accompanied with a letter from the original manufacturer or
10    a manufacturer's franchised dealer stating that this
11    all-terrain vehicle has been converted to a street worthy
12    vehicle that meets the equipment requirements set forth in
13    Chapter 12 of this Code.
14        5. Beginning with the 2001 registration year,
15    municipally-owned vehicles operated by or for any police
16    department. These registration plates shall contain the
17    designation "municipal police" and shall be numbered and
18    distributed as prescribed by the Secretary of State.
19        6. Beginning with the 2014 registration year,
20    municipally owned, fire district owned, or Mutual Aid Box
21    Alarm System (MABAS) owned vehicles operated by or for any
22    fire department, fire protection district, or MABAS. These
23    registration plates shall display the designation "Fire
24    Department" and shall display the specific fire
25    department, fire district, fire unit, or MABAS division
26    number or letter.

 

 

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1        7. Beginning with the 2017 registration year, vehicles
2    that do not require a school bus driver permit under
3    Section 6-104 to operate and are not registered under
4    Section 3-617 of this Code, and are owned by a public
5    school district from grades K-12 or a public community
6    college.
7        8. Beginning with the 2017 registration year, vehicles
8    of the first division or vehicles of the second division
9    weighing not more than 8,000 pounds that are owned by a
10    medical facility or hospital of a municipality, county, or
11    township.
12        9. Beginning with the 2020 registration year, 2-axle
13    motor vehicles that (i) are designed and used as buses in a
14    public system for transporting more than 10 passengers;
15    (ii) are used as common carriers in the general
16    transportation of passengers and not devoted to any
17    specialized purpose; (iii) operate entirely within the
18    territorial limits of a single municipality or a single
19    municipality and contiguous municipalities; and (iv) are
20    subject to the regulation of the Illinois Commerce
21    Commission. The owner of a vehicle under this paragraph is
22    exempt from paying a flat weight tax or a mileage weight
23    tax under this Code.
24    (b-5) Beginning with the 2016 registration year, permanent
25vehicle registration plates shall be issued for a one-time fee
26of $8.00 to a county, township, or municipal corporation that

 

 

HB5056 Enrolled- 32 -LRB100 18646 LNS 33873 b

1owns or operates vehicles used for the purpose of community
2workplace commuting as defined by the Secretary of State by
3administrative rule. The design and color of the plates shall
4be wholly within the discretion of the Secretary. The Secretary
5of State may adopt rules to implement this subsection (b-5).
6    (c) Beginning with the 2012 registration year,
7county-owned vehicles operated by or for any county sheriff and
8designated deputy sheriffs that have been issued registration
9plates under subsection (b) of this Section shall be exempt
10from any fee for the transfer of registration from one vehicle
11to another vehicle. Each county sheriff shall report to the
12Secretary of State any transfer of registration plates from one
13vehicle to another vehicle operated by or for any county
14sheriff and designated deputy sheriffs. The Secretary of State
15shall adopt rules to implement this subsection (c).
16    (c-5) Beginning with the 2014 registration year,
17municipally owned, fire district owned, or Mutual Aid Box Alarm
18System (MABAS) owned vehicles operated by or for any fire
19department, fire protection district, or MABAS that have been
20issued registration plates under subsection (b) of this Section
21shall be exempt from any fee for the transfer of registration
22from one vehicle to another vehicle. Each fire department, fire
23protection district, of MABAS shall report to the Secretary of
24State any transfer of registration plates from one vehicle to
25another vehicle operated by or for any fire department, fire
26protection district, or MABAS. The Secretary of State shall

 

 

HB5056 Enrolled- 33 -LRB100 18646 LNS 33873 b

1adopt rules to implement this subsection.
2    (d) Beginning with the 2013 registration year,
3municipally-owned vehicles operated by or for any police
4department that have been issued registration plates under
5subsection (b) of this Section shall be exempt from any fee for
6the transfer of registration from one vehicle to another
7vehicle. Each municipal police department shall report to the
8Secretary of State any transfer of registration plates from one
9vehicle to another vehicle operated by or for any municipal
10police department. The Secretary of State shall adopt rules to
11implement this subsection (d).
12    (e) Beginning with the 2016 registration year, any vehicle
13owned or operated by a county, township, or municipal
14corporation that has been issued registration plates under this
15Section is exempt from any fee for the transfer of registration
16from one vehicle to another vehicle. Each county, township, or
17municipal corporation shall report to the Secretary of State
18any transfer of registration plates from one vehicle to another
19vehicle operated by or for any county, township, or municipal
20corporation.
21    (f) Beginning with the 2020 registration year, any vehicle
22owned or operated by a public school district from grades K-12,
23a public community college, or a medical facility or hospital
24of a municipality, county, or township that has been issued
25registration plates under this Section is exempt from any fee
26for the transfer of registration from one vehicle to another

 

 

HB5056 Enrolled- 34 -LRB100 18646 LNS 33873 b

1vehicle. Each school district, public community college, or
2medical facility or hospital shall report to the Secretary any
3transfer of registration plates from one vehicle to another
4vehicle operated by the school district, public community
5college, or medical facility.
6(Source: P.A. 98-436, eff. 1-1-14; 98-1074, eff. 1-1-15;
799-166, eff. 7-28-15; 99-707, eff. 7-29-16.)
 
8    (625 ILCS 5/3-815)  (from Ch. 95 1/2, par. 3-815)
9    Sec. 3-815. Flat weight tax; vehicles of the second
10division.
11    (a) Except as provided in Section 3-806.3 and 3-804.3,
12every owner of a vehicle of the second division registered
13under Section 3-813, and not registered under the mileage
14weight tax under Section 3-818, shall pay to the Secretary of
15State, for each registration year, for the use of the public
16highways, a flat weight tax at the rates set forth in the
17following table, the rates including the $10 registration fee:
18
SCHEDULE OF FLAT WEIGHT TAX
19
REQUIRED BY LAW
20Gross Weight in Lbs.Total Fees
21Including Vehicle each Fiscal
22and Maximum LoadClass year
238,000 lbs. and lessB$98
248,001 lbs. to 10,000 lbs. C 118
2510,001 8,001 lbs. to 12,000 lbs.D138

 

 

HB5056 Enrolled- 35 -LRB100 18646 LNS 33873 b

112,001 lbs. to 16,000 lbs.F242
216,001 lbs. to 26,000 lbs.H490
326,001 lbs. to 28,000 lbs.J630
428,001 lbs. to 32,000 lbs.K842
532,001 lbs. to 36,000 lbs.L982
636,001 lbs. to 40,000 lbs.N1,202
740,001 lbs. to 45,000 lbs.P1,390
845,001 lbs. to 50,000 lbs.Q1,538
950,001 lbs. to 54,999 lbs.R1,698
1055,000 lbs. to 59,500 lbs.S1,830
1159,501 lbs. to 64,000 lbs.T1,970
1264,001 lbs. to 73,280 lbs.V2,294
1373,281 lbs. to 77,000 lbs.X2,622
1477,001 lbs. to 80,000 lbs.Z2,790
15    Beginning with the 2010 registration year a $1 surcharge
16shall be collected for vehicles registered in the 8,000 lbs.
17and less flat weight plate category above to be deposited into
18the State Police Vehicle Fund.
19    Beginning with the 2014 registration year, a $2 surcharge
20shall be collected in addition to the above fees for vehicles
21registered in the 8,000 lb. and less flat weight plate category
22as described in this subsection (a) to be deposited into the
23Park and Conservation Fund for the Department of Natural
24Resources to use for conservation efforts. The monies deposited
25into the Park and Conservation Fund under this Section shall
26not be subject to administrative charges or chargebacks unless

 

 

HB5056 Enrolled- 36 -LRB100 18646 LNS 33873 b

1otherwise authorized by this Act.
2    All of the proceeds of the additional fees imposed by this
3amendatory Act of the 96th General Assembly shall be deposited
4into the Capital Projects Fund.
5    (a-1) A Special Hauling Vehicle is a vehicle or combination
6of vehicles of the second division registered under Section
73-813 transporting asphalt or concrete in the plastic state or
8a vehicle or combination of vehicles that are subject to the
9gross weight limitations in subsection (a) of Section 15-111
10for which the owner of the vehicle or combination of vehicles
11has elected to pay, in addition to the registration fee in
12subsection (a), $125 to the Secretary of State for each
13registration year. The Secretary shall designate this class of
14vehicle as a Special Hauling Vehicle.
15    (a-5) Beginning January 1, 2015, upon the request of the
16vehicle owner, a $10 surcharge shall be collected in addition
17to the above fees for vehicles in the 12,000 lbs. and less flat
18weight plate categories as described in subsection (a) to be
19deposited into the Secretary of State Special License Plate
20Fund. The $10 surcharge is to identify vehicles in the 12,000
21lbs. and less flat weight plate categories as a covered farm
22vehicle. The $10 surcharge is an annual, flat fee that shall be
23based on an applicant's new or existing registration year for
24each vehicle in the 12,000 lbs. and less flat weight plate
25categories. A designation as a covered farm vehicle under this
26subsection (a-5) shall not alter a vehicle's registration as a

 

 

HB5056 Enrolled- 37 -LRB100 18646 LNS 33873 b

1registration in the 12,000 lbs. or less flat weight category.
2The Secretary shall adopt any rules necessary to implement this
3subsection (a-5).
4    (b) Except as provided in Section 3-806.3, every camping
5trailer, motor home, mini motor home, travel trailer, truck
6camper or van camper used primarily for recreational purposes,
7and not used commercially, nor for hire, nor owned by a
8commercial business, may be registered for each registration
9year upon the filing of a proper application and the payment of
10a registration fee and highway use tax, according to the
11following table of fees:
12
MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
13Gross Weight in Lbs.Total Fees
14Including Vehicle andEach
15Maximum LoadCalendar Year
168,000 lbs and less$78
178,001 Lbs. to 10,000 Lbs90
1810,001 Lbs. and Over102
19
CAMPING TRAILER OR TRAVEL TRAILER
20Gross Weight in Lbs.Total Fees
21Including Vehicle andEach
22Maximum LoadCalendar Year
233,000 Lbs. and Less$18
243,001 Lbs. to 8,000 Lbs.30
258,001 Lbs. to 10,000 Lbs.38
2610,001 Lbs. and Over50

 

 

HB5056 Enrolled- 38 -LRB100 18646 LNS 33873 b

1    Every house trailer must be registered under Section 3-819.
2    (c) Farm Truck. Any truck used exclusively for the owner's
3own agricultural, horticultural or livestock raising
4operations and not-for-hire only, or any truck used only in the
5transportation for-hire of seasonal, fresh, perishable fruit
6or vegetables from farm to the point of first processing, may
7be registered by the owner under this paragraph in lieu of
8registration under paragraph (a), upon filing of a proper
9application and the payment of the $10 registration fee and the
10highway use tax herein specified as follows:
11
SCHEDULE OF FEES AND TAXES
12Gross Weight in Lbs.Total Amount for
13Including Truck andeach
14Maximum LoadClassFiscal Year
1516,000 lbs. or lessVF$150
1616,001 to 20,000 lbs.VG226
1720,001 to 24,000 lbs.VH290
1824,001 to 28,000 lbs.VJ378
1928,001 to 32,000 lbs.VK506
2032,001 to 36,000 lbs.VL610
2136,001 to 45,000 lbs.VP810
2245,001 to 54,999 lbs.VR1,026
2355,000 to 64,000 lbs.VT1,202
2464,001 to 73,280 lbs.VV1,290
2573,281 to 77,000 lbs.VX1,350
2677,001 to 80,000 lbs.VZ1,490

 

 

HB5056 Enrolled- 39 -LRB100 18646 LNS 33873 b

1    In the event the Secretary of State revokes a farm truck
2registration as authorized by law, the owner shall pay the flat
3weight tax due hereunder before operating such truck.
4    Any combination of vehicles having 5 axles, with a distance
5of 42 feet or less between extreme axles, that are subject to
6the weight limitations in subsection (a) of Section 15-111 for
7which the owner of the combination of vehicles has elected to
8pay, in addition to the registration fee in subsection (c),
9$125 to the Secretary of State for each registration year shall
10be designated by the Secretary as a Special Hauling Vehicle.
11    (d) The number of axles necessary to carry the maximum load
12provided shall be determined from Chapter 15 of this Code.
13    (e) An owner may only apply for and receive 5 farm truck
14registrations, and only 2 of those 5 vehicles shall exceed
1559,500 gross weight in pounds per vehicle.
16    (f) Every person convicted of violating this Section by
17failure to pay the appropriate flat weight tax to the Secretary
18of State as set forth in the above tables shall be punished as
19provided for in Section 3-401.
20(Source: P.A. 97-201, eff. 1-1-12; 97-811, eff. 7-13-12;
2197-1136, eff. 1-1-13; 98-463, eff. 8-16-13; 98-882, eff.
228-13-14.)
 
23    (625 ILCS 5/3-821)  (from Ch. 95 1/2, par. 3-821)
24    Sec. 3-821. Miscellaneous registration and title fees.
25    (a) Except as provided under subsection (h), the The fee to

 

 

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1be paid to the Secretary of State for the following
2certificates, registrations or evidences of proper
3registration, or for corrected or duplicate documents shall be
4in accordance with the following schedule:
5    Certificate of Title, except for an all-terrain
6vehicle or off-highway motorcycle$95
7    Certificate of Title for an all-terrain vehicle
8or off-highway motorcycle$30
9    Certificate of Title for an all-terrain vehicle
10or off-highway motorcycle used for production
11agriculture, or accepted by a dealer in trade13
12    Certificate of Title for a low-speed vehicle30
13    Transfer of Registration or any evidence of
14proper registration $25
15    Duplicate Registration Card for plates or other
16evidence of proper registration3
17    Duplicate Registration Sticker or Stickers, each20
18    Duplicate Certificate of Title95
19    Corrected Registration Card or Card for other
20evidence of proper registration3
21    Corrected Certificate of Title95
22    Salvage Certificate4
23    Fleet Reciprocity Permit15
24    Prorate Decal1
25    Prorate Backing Plate3
26    Special Corrected Certificate of Title15

 

 

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

 

 

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1lien release certificate of title, shall be issued in the name
2of the vehicle owner without the named lienholder. If the motor
3vehicle is currently titled in a state other than Illinois, the
4applicant must submit either (i) a letter from the current
5lienholder releasing the lien and stating that the lienholder
6has possession of the title; or (ii) a letter from the current
7lienholder releasing the lien and a copy of the records of the
8department of motor vehicles for the state in which the vehicle
9is titled, showing that the vehicle is titled in the name of
10the applicant and that no liens are recorded other than the
11lien for which a release has been submitted. The fee for the
12dealer lien release certificate of title is $20.
13    (b) The Secretary may prescribe the maximum service charge
14to be imposed upon an applicant for renewal of a registration
15by any person authorized by law to receive and remit or
16transmit to the Secretary such renewal application and fees
17therewith.
18    (c) If payment is delivered to the Office of the Secretary
19of State as payment of any fee or tax under this Code, and such
20payment is not honored for any reason, the registrant or other
21person tendering the payment remains liable for the payment of
22such fee or tax. The Secretary of State may assess a service
23charge of $25 in addition to the fee or tax due and owing for
24all dishonored payments.
25    If the total amount then due and owing exceeds the sum of
26$100 and has not been paid in full within 60 days from the date

 

 

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1the dishonored payment was first delivered to the Secretary of
2State, the Secretary of State shall assess a penalty of 25% of
3such amount remaining unpaid.
4    All amounts payable under this Section shall be computed to
5the nearest dollar. Out of each fee collected for dishonored
6payments, $5 shall be deposited in the Secretary of State
7Special Services Fund.
8    (d) The minimum fee and tax to be paid by any applicant for
9apportionment of a fleet of vehicles under this Code shall be
10$15 if the application was filed on or before the date
11specified by the Secretary together with fees and taxes due. If
12an application and the fees or taxes due are filed after the
13date specified by the Secretary, the Secretary may prescribe
14the payment of interest at the rate of 1/2 of 1% per month or
15fraction thereof after such due date and a minimum of $8.
16    (e) Trucks, truck tractors, truck tractors with loads, and
17motor buses, any one of which having a combined total weight in
18excess of 12,000 lbs. shall file an application for a Fleet
19Reciprocity Permit issued by the Secretary of State. This
20permit shall be in the possession of any driver operating a
21vehicle on Illinois highways. Any foreign licensed vehicle of
22the second division operating at any time in Illinois without a
23Fleet Reciprocity Permit or other proper Illinois
24registration, shall subject the operator to the penalties
25provided in Section 3-834 of this Code. For the purposes of
26this Code, "Fleet Reciprocity Permit" means any second division

 

 

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1motor vehicle with a foreign license and used only in
2interstate transportation of goods. The fee for such permit
3shall be $15 per fleet which shall include all vehicles of the
4fleet being registered.
5    (f) For purposes of this Section, "all-terrain vehicle or
6off-highway motorcycle used for production agriculture" means
7any all-terrain vehicle or off-highway motorcycle used in the
8raising of or the propagation of livestock, crops for sale for
9human consumption, crops for livestock consumption, and
10production seed stock grown for the propagation of feed grains
11and the husbandry of animals or for the purpose of providing a
12food product, including the husbandry of blood stock as a main
13source of providing a food product. "All-terrain vehicle or
14off-highway motorcycle used in production agriculture" also
15means any all-terrain vehicle or off-highway motorcycle used in
16animal husbandry, floriculture, aquaculture, horticulture, and
17viticulture.
18    (g) All of the proceeds of the additional fees imposed by
19Public Act 96-34 shall be deposited into the Capital Projects
20Fund.
21    (h) The fee for a duplicate registration sticker or
22stickers shall be the amount required under subsection (a) or
23the vehicle's annual registration fee amount, whichever is
24less.
25(Source: P.A. 99-260, eff. 1-1-16; 99-607, eff. 7-22-16.)
 

 

 

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1    (625 ILCS 5/4-107)  (from Ch. 95 1/2, par. 4-107)
2    Sec. 4-107. Stolen, converted, recovered and unclaimed
3vehicles.
4    (a) Every Sheriff, Superintendent of police, Chief of
5police or other police officer in command of any Police
6department in any City, Village or Town of the State, shall, by
7the fastest means of communications available to his law
8enforcement agency, immediately report to the State Police, in
9Springfield, Illinois, the theft or recovery of any stolen or
10converted vehicle within his district or jurisdiction. The
11report shall give the date of theft, description of the vehicle
12including color, year of manufacture, manufacturer's trade
13name, manufacturer's series name, body style, vehicle
14identification number and license registration number,
15including the state in which the license was issued and the
16year of issuance, together with the name, residence address,
17business address, and telephone number of the owner. The report
18shall be routed by the originating law enforcement agency
19through the State Police District in which such agency is
20located.
21    (b) A registered owner or a lienholder may report the theft
22by conversion of a vehicle, to the State Police, or any other
23police department or Sheriff's office. Such report will be
24accepted as a report of theft and processed only if a formal
25complaint is on file and a warrant issued.
26    (c) An operator of a place of business for garaging,

 

 

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1repairing, parking or storing vehicles for the public, in which
2a vehicle remains unclaimed, after being left for the purpose
3of garaging, repairing, parking or storage, for a period of 15
4days, shall, within 5 days after the expiration of that period,
5report the vehicle as unclaimed to the municipal police when
6the vehicle is within the corporate limits of any City, Village
7or incorporated Town, or the County Sheriff, or State Police
8when the vehicle is outside the corporate limits of a City,
9Village or incorporated Town. This Section does not apply to
10any vehicle:
11        (1) removed to a place of storage by a law enforcement
12    agency having jurisdiction, in accordance with Sections
13    4-201 and 4-203 of this Act; or
14        (2) left under a garaging, repairing, parking, or
15    storage order signed by the owner, lessor, or other legally
16    entitled person.
17    Failure to comply with this Section will result in the
18forfeiture of storage fees for that vehicle involved.
19    (d) The State Police shall keep a complete record of all
20reports filed under this Section of the Act. Upon receipt of
21such report, a careful search shall be made of the records of
22the office of the State Police, and where it is found that a
23vehicle reported recovered was stolen in a County, City,
24Village or Town other than the County, City, Village or Town in
25which it is recovered, the State Police shall immediately
26notify the Sheriff, Superintendent of police, Chief of police,

 

 

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1or other police officer in command of the Sheriff's office or
2Police department of the County, City, Village or Town in which
3the vehicle was originally reported stolen, giving complete
4data as to the time and place of recovery.
5    (e) Notification of the theft or conversion of a vehicle
6will be furnished to the Secretary of State by the State
7Police. The Secretary of State shall place the proper
8information in the license registration and title registration
9files to indicate the theft or conversion of a motor vehicle or
10other vehicle. Notification of the recovery of a vehicle
11previously reported as a theft or a conversion will be
12furnished to the Secretary of State by the State Police. The
13Secretary of State shall remove the proper information from the
14license registration and title registration files that has
15previously indicated the theft or conversion of a vehicle. The
16Secretary of State shall suspend the registration of a vehicle
17upon receipt of a report from the State Police that such
18vehicle was stolen or converted.
19    (f) When the Secretary of State receives an application for
20a certificate of title or an application for registration of a
21vehicle and it is determined from the records of the office of
22the Secretary of State that such vehicle has been reported
23stolen or converted, the Secretary of State shall immediately
24notify the State Police or the Secretary of State Department of
25Police and shall give the State Police or the Secretary of
26State Department of Police the name and address of the person

 

 

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1or firm titling or registering the vehicle, together with all
2other information contained in the application submitted by
3such person or firm. If the Secretary of State Department of
4Police receives notification under this subsection (f), it
5shall conduct an investigation concerning the identity of the
6registered owner of the stolen or converted vehicle.
7    (g) During the usual course of business the manufacturer of
8any vehicle shall place an original manufacturer's vehicle
9identification number on all such vehicles manufactured and on
10any part of such vehicles requiring an identification number.
11    (h) Except provided in subsection (h-1), if a
12manufacturer's vehicle identification number is missing or has
13been removed, changed or mutilated on any vehicle, or any part
14of such vehicle requiring an identification number, the State
15Police or the Secretary of State Department of Police shall
16restore, restamp or reaffix the vehicle identification number
17plate, or affix a new plate bearing the original manufacturer's
18vehicle identification number on each such vehicle and on all
19necessary parts of the vehicles. A vehicle identification
20number so affixed, restored, restamped, reaffixed or replaced
21is not falsified, altered or forged within the meaning of this
22Act.
23    (h-1) A person engaged in the repair or servicing of
24vehicles may reaffix a manufacturer's identification number
25plate on the same damaged vehicle from which it was originally
26removed, if the person reaffixes the original manufacturer's

 

 

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1identification number plate in place of the identification
2number plate affixed on a new dashboard that has been installed
3in the vehicle. The person must notify the Secretary of State
4each time the original manufacturer's identification number
5plate is reaffixed on a vehicle. The person must keep a record
6indicating that the identification number plate affixed on the
7new dashboard has been removed and has been replaced by the
8manufacturer's identification number plate originally affixed
9on the vehicle. The person also must keep a record regarding
10the status and location of the identification number plate
11removed from the replacement dashboard. The Secretary shall
12adopt rules for implementing this subsection (h-1).
13    (h-2) The owner of a vehicle repaired under subsection
14(h-1) must, within 90 days of the date of the repairs, contact
15an officer of the Illinois State Police Vehicle Inspection
16Bureau and arrange for an inspection of the vehicle, by the
17officer or the officer's designee, at a mutually agreed upon
18date and location.
19    (i) If a vehicle or part of any vehicle is found to have
20the manufacturer's identification number removed, altered,
21defaced or destroyed, the vehicle or part shall be seized by
22any law enforcement agency having jurisdiction and held for the
23purpose of identification. In the event that the manufacturer's
24identification number of a vehicle or part cannot be
25identified, the vehicle or part shall be considered contraband,
26and no right of property shall exist in any person owning,

 

 

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1leasing or possessing such property, unless the person owning,
2leasing or possessing the vehicle or part acquired such without
3knowledge that the manufacturer's vehicle identification
4number has been removed, altered, defaced, falsified or
5destroyed.
6    Either the seizing law enforcement agency or the State's
7Attorney of the county where the seizure occurred may make an
8application for an order of forfeiture to the circuit court in
9the county of seizure. The application for forfeiture shall be
10independent from any prosecution arising out of the seizure and
11is not subject to any final determination of such prosecution.
12The circuit court shall issue an order forfeiting the property
13to the seizing law enforcement agency if the court finds that
14the property did not at the time of seizure possess a valid
15manufacturer's identification number and that the original
16manufacturer's identification number cannot be ascertained.
17The seizing law enforcement agency may:
18        (1) retain the forfeited property for official use; or
19        (2) sell the forfeited property and distribute the
20    proceeds in accordance with Section 4-211 of this Code, or
21    dispose of the forfeited property in such manner as the law
22    enforcement agency deems appropriate.
23    (i-1) If a motorcycle is seized under subsection (i), the
24motorcycle must be returned within 45 days of the date of
25seizure to the person from whom it was seized, unless (i)
26criminal charges are pending against that person or (ii) an

 

 

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1application for an order of forfeiture has been submitted to
2the circuit in the county of seizure or (iii) the circuit court
3in the county of seizure has received from the seizing law
4enforcement agency and has granted a petition to extend, for a
5single 30 day period, the 45 days allowed for return of the
6motorcycle. Except as provided in subsection (i-2), a
7motorcycle returned to the person from whom it was seized must
8be returned in essentially the same condition it was in at the
9time of seizure.
10    (i-2) If any part or parts of a motorcycle seized under
11subsection (i) are found to be stolen and are removed, the
12seizing law enforcement agency is not required to replace the
13part or parts before returning the motorcycle to the person
14from whom it was seized.
15    (j) The State Police or the Secretary of State Department
16of Police shall notify the Secretary of State each time a
17manufacturer's vehicle identification number is affixed,
18reaffixed, restored or restamped on any vehicle. The Secretary
19of State shall make the necessary changes or corrections in his
20records, after the proper applications and fees have been
21submitted, if applicable.
22    (k) Any vessel, vehicle or aircraft used with knowledge and
23consent of the owner in the commission of, or in the attempt to
24commit as defined in Section 8-4 of the Criminal Code of 2012,
25an offense prohibited by Section 4-103 of this Chapter,
26including transporting of a stolen vehicle or stolen vehicle

 

 

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1parts, shall be seized by any law enforcement agency. The
2seizing law enforcement agency may:
3        (1) return the vehicle to its owner if such vehicle is
4    stolen; or
5        (2) confiscate the vehicle and retain it for any
6    purpose which the law enforcement agency deems
7    appropriate; or
8        (3) sell the vehicle at a public sale or dispose of the
9    vehicle in such other manner as the law enforcement agency
10    deems appropriate.
11    If the vehicle is sold at public sale, the proceeds of the
12sale shall be paid to the law enforcement agency.
13    The law enforcement agency shall not retain, sell or
14dispose of a vehicle under paragraphs (2) or (3) of this
15subsection (k) except upon an order of forfeiture issued by the
16circuit court. The circuit court may issue such order of
17forfeiture upon application of the law enforcement agency or
18State's Attorney of the county where the law enforcement agency
19has jurisdiction, or in the case of the Department of State
20Police or the Secretary of State, upon application of the
21Attorney General.
22    The court shall issue the order if the owner of the vehicle
23has been convicted of transporting stolen vehicles or stolen
24vehicle parts and the evidence establishes that the owner's
25vehicle has been used in the commission of such offense.
26    The provisions of subsection (k) of this Section shall not

 

 

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1apply to any vessel, vehicle or aircraft, which has been
2leased, rented or loaned by its owner, if the owner did not
3have knowledge of and consent to the use of the vessel, vehicle
4or aircraft in the commission of, or in an attempt to commit,
5an offense prohibited by Section 4-103 of this Chapter.
6(Source: P.A. 97-1150, eff. 1-25-13.)
 
7    (625 ILCS 5/5-101)  (from Ch. 95 1/2, par. 5-101)
8    Sec. 5-101. New vehicle dealers must be licensed.
9    (a) No person shall engage in this State in the business of
10selling or dealing in, on consignment or otherwise, new
11vehicles of any make, or act as an intermediary or agent or
12broker for any licensed dealer or vehicle purchaser other than
13as a salesperson, or represent or advertise that he is so
14engaged or intends to so engage in such business unless
15licensed to do so in writing by the Secretary of State under
16the provisions of this Section.
17    (b) An application for a new vehicle dealer's license shall
18be filed with the Secretary of State, duly verified by oath, on
19such form as the Secretary of State may by rule or regulation
20prescribe and shall contain:
21        1. The name and type of business organization of the
22    applicant and his established and additional places of
23    business, if any, in this State.
24        2. If the applicant is a corporation, a list of its
25    officers, directors, and shareholders having a ten percent

 

 

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1    or greater ownership interest in the corporation, setting
2    forth the residence address of each; if the applicant is a
3    sole proprietorship, a partnership, an unincorporated
4    association, a trust, or any similar form of business
5    organization, the name and residence address of the
6    proprietor or of each partner, member, officer, director,
7    trustee, or manager.
8        3. The make or makes of new vehicles which the
9    applicant will offer for sale at retail in this State.
10        4. The name of each manufacturer or franchised
11    distributor, if any, of new vehicles with whom the
12    applicant has contracted for the sale of such new vehicles.
13    As evidence of this fact, the application shall be
14    accompanied by a signed statement from each such
15    manufacturer or franchised distributor. If the applicant
16    is in the business of offering for sale new conversion
17    vehicles, trucks or vans, except for trucks modified to
18    serve a special purpose which includes but is not limited
19    to the following vehicles: street sweepers, fertilizer
20    spreaders, emergency vehicles, implements of husbandry or
21    maintenance type vehicles, he must furnish evidence of a
22    sales and service agreement from both the chassis
23    manufacturer and second stage manufacturer.
24        5. A statement that the applicant has been approved for
25    registration under the Retailers' Occupation Tax Act by the
26    Department of Revenue: Provided that this requirement does

 

 

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1    not apply to a dealer who is already licensed hereunder
2    with the Secretary of State, and who is merely applying for
3    a renewal of his license. As evidence of this fact, the
4    application shall be accompanied by a certification from
5    the Department of Revenue showing that that Department has
6    approved the applicant for registration under the
7    Retailers' Occupation Tax Act.
8        6. A statement that the applicant has complied with the
9    appropriate liability insurance requirement. A Certificate
10    of Insurance in a solvent company authorized to do business
11    in the State of Illinois shall be included with each
12    application covering each location at which he proposes to
13    act as a new vehicle dealer. The policy must provide
14    liability coverage in the minimum amounts of $100,000 for
15    bodily injury to, or death of, any person, $300,000 for
16    bodily injury to, or death of, two or more persons in any
17    one accident, and $50,000 for damage to property. Such
18    policy shall expire not sooner than December 31 of the year
19    for which the license was issued or renewed. The expiration
20    of the insurance policy shall not terminate the liability
21    under the policy arising during the period for which the
22    policy was filed. Trailer and mobile home dealers are
23    exempt from this requirement.
24        If the permitted user has a liability insurance policy
25    that provides automobile liability insurance coverage of
26    at least $100,000 for bodily injury to or the death of any

 

 

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1    person, $300,000 for bodily injury to or the death of any 2
2    or more persons in any one accident, and $50,000 for damage
3    to property, then the permitted user's insurer shall be the
4    primary insurer and the dealer's insurer shall be the
5    secondary insurer. If the permitted user does not have a
6    liability insurance policy that provides automobile
7    liability insurance coverage of at least $100,000 for
8    bodily injury to or the death of any person, $300,000 for
9    bodily injury to or the death of any 2 or more persons in
10    any one accident, and $50,000 for damage to property, or
11    does not have any insurance at all, then the dealer's
12    insurer shall be the primary insurer and the permitted
13    user's insurer shall be the secondary insurer.
14        When a permitted user is "test driving" a new vehicle
15    dealer's automobile, the new vehicle dealer's insurance
16    shall be primary and the permitted user's insurance shall
17    be secondary.
18        As used in this paragraph 6, a "permitted user" is a
19    person who, with the permission of the new vehicle dealer
20    or an employee of the new vehicle dealer, drives a vehicle
21    owned and held for sale or lease by the new vehicle dealer
22    which the person is considering to purchase or lease, in
23    order to evaluate the performance, reliability, or
24    condition of the vehicle. The term "permitted user" also
25    includes a person who, with the permission of the new
26    vehicle dealer, drives a vehicle owned or held for sale or

 

 

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1    lease by the new vehicle dealer for loaner purposes while
2    the user's vehicle is being repaired or evaluated.
3        As used in this paragraph 6, "test driving" occurs when
4    a permitted user who, with the permission of the new
5    vehicle dealer or an employee of the new vehicle dealer,
6    drives a vehicle owned and held for sale or lease by a new
7    vehicle dealer that the person is considering to purchase
8    or lease, in order to evaluate the performance,
9    reliability, or condition of the vehicle.
10        As used in this paragraph 6, "loaner purposes" means
11    when a person who, with the permission of the new vehicle
12    dealer, drives a vehicle owned or held for sale or lease by
13    the new vehicle dealer while the user's vehicle is being
14    repaired or evaluated.
15        7. (A) An application for a new motor vehicle dealer's
16    license shall be accompanied by the following license fees:
17            (i) $1,000 for applicant's established place of
18        business, and $100 for each additional place of
19        business, if any, to which the application pertains;
20        but if the application is made after June 15 of any
21        year, the license fee shall be $500 for applicant's
22        established place of business plus $50 for each
23        additional place of business, if any, to which the
24        application pertains. License fees shall be returnable
25        only in the event that the application is denied by the
26        Secretary of State. All moneys received by the

 

 

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1        Secretary of State as license fees under this
2        subparagraph (i) prior to applications for the 2004
3        licensing year shall be deposited into the Motor
4        Vehicle Review Board Fund and shall be used to
5        administer the Motor Vehicle Review Board under the
6        Motor Vehicle Franchise Act. Of the money received by
7        the Secretary of State as license fees under this
8        subparagraph (i) for the 2004 licensing year and
9        thereafter, 10% shall be deposited into the Motor
10        Vehicle Review Board Fund and shall be used to
11        administer the Motor Vehicle Review Board under the
12        Motor Vehicle Franchise Act and 90% shall be deposited
13        into the General Revenue Fund.
14            (ii) Except for dealers selling 25 or fewer
15        automobiles or as provided in subsection (h) of Section
16        5-102.7 of this Code, an Annual Dealer Recovery Fund
17        Fee in the amount of $500 for the applicant's
18        established place of business, and $50 for each
19        additional place of business, if any, to which the
20        application pertains; but if the application is made
21        after June 15 of any year, the fee shall be $250 for
22        the applicant's established place of business plus $25
23        for each additional place of business, if any, to which
24        the application pertains. For a license renewal
25        application, the fee shall be based on the amount of
26        automobiles sold in the past year according to the

 

 

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1        following formula:
2                (1) $0 for dealers selling 25 or less
3            automobiles;
4                (2) $150 for dealers selling more than 25 but
5            less than 200 automobiles;
6                (3) $300 for dealers selling 200 or more
7            automobiles but less than 300 automobiles; and
8                (4) $500 for dealers selling 300 or more
9            automobiles.
10            License fees shall be returnable only in the event
11        that the application is denied by the Secretary of
12        State. Moneys received under this subparagraph (ii)
13        shall be deposited into the Dealer Recovery Trust Fund.
14        (B) An application for a new vehicle dealer's license,
15    other than for a new motor vehicle dealer's license, shall
16    be accompanied by the following license fees:
17            (i) $1,000 for applicant's established place of
18        business, and $50 for each additional place of
19        business, if any, to which the application pertains;
20        but if the application is made after June 15 of any
21        year, the license fee shall be $500 for applicant's
22        established place of business plus $25 for each
23        additional place of business, if any, to which the
24        application pertains. License fees shall be returnable
25        only in the event that the application is denied by the
26        Secretary of State. Of the money received by the

 

 

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1        Secretary of State as license fees under this
2        subparagraph (i) for the 2004 licensing year and
3        thereafter, 95% shall be deposited into the General
4        Revenue Fund.
5            (ii) Except as provided in subsection (h) of
6        Section 5-102.7 of this Code, an Annual Dealer Recovery
7        Fund Fee in the amount of $500 for the applicant's
8        established place of business, and $50 for each
9        additional place of business, if any, to which the
10        application pertains; but if the application is made
11        after June 15 of any year, the fee shall be $250 for
12        the applicant's established place of business plus $25
13        for each additional place of business, if any, to which
14        the application pertains. License fees shall be
15        returnable only in the event that the application is
16        denied by the Secretary of State. Moneys received under
17        this subparagraph (ii) shall be deposited into the
18        Dealer Recovery Trust Fund.
19        8. A statement that the applicant's officers,
20    directors, shareholders having a 10% or greater ownership
21    interest therein, proprietor, a partner, member, officer,
22    director, trustee, manager or other principals in the
23    business have not committed in the past 3 years any one
24    violation as determined in any civil, criminal or
25    administrative proceedings of any one of the following
26    Acts:

 

 

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1            (A) The Anti-Theft Laws of the Illinois Vehicle
2        Code;
3            (B) The Certificate of Title Laws of the Illinois
4        Vehicle Code;
5            (C) The Offenses against Registration and
6        Certificates of Title Laws of the Illinois Vehicle
7        Code;
8            (D) The Dealers, Transporters, Wreckers and
9        Rebuilders Laws of the Illinois Vehicle Code;
10            (E) Section 21-2 of the Criminal Code of 1961 or
11        the Criminal Code of 2012, Criminal Trespass to
12        Vehicles; or
13            (F) The Retailers' Occupation Tax Act.
14        9. A statement that the applicant's officers,
15    directors, shareholders having a 10% or greater ownership
16    interest therein, proprietor, partner, member, officer,
17    director, trustee, manager or other principals in the
18    business have not committed in any calendar year 3 or more
19    violations, as determined in any civil, criminal or
20    administrative proceedings, of any one or more of the
21    following Acts:
22            (A) The Consumer Finance Act;
23            (B) The Consumer Installment Loan Act;
24            (C) The Retail Installment Sales Act;
25            (D) The Motor Vehicle Retail Installment Sales
26        Act;

 

 

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1            (E) The Interest Act;
2            (F) The Illinois Wage Assignment Act;
3            (G) Part 8 of Article XII of the Code of Civil
4        Procedure; or
5            (H) The Consumer Fraud Act.
6        10. A bond or certificate of deposit in the amount of
7    $50,000 for each location at which the applicant intends to
8    act as a new vehicle dealer. The bond shall be for the term
9    of the license, or its renewal, for which application is
10    made, and shall expire not sooner than December 31 of the
11    year for which the license was issued or renewed. The bond
12    shall run to the People of the State of Illinois, with
13    surety by a bonding or insurance company authorized to do
14    business in this State. It shall be conditioned upon the
15    proper transmittal of all title and registration fees and
16    taxes (excluding taxes under the Retailers' Occupation Tax
17    Act) accepted by the applicant as a new vehicle dealer.
18        11. Such other information concerning the business of
19    the applicant as the Secretary of State may by rule or
20    regulation prescribe.
21        12. A statement that the applicant understands Chapter
22    1 through Chapter 5 of this Code.
23    (c) Any change which renders no longer accurate any
24information contained in any application for a new vehicle
25dealer's license shall be amended within 30 days after the
26occurrence of such change on such form as the Secretary of

 

 

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1State may prescribe by rule or regulation, accompanied by an
2amendatory fee of $2.
3    (d) Anything in this Chapter 5 to the contrary
4notwithstanding no person shall be licensed as a new vehicle
5dealer unless:
6        1. He is authorized by contract in writing between
7    himself and the manufacturer or franchised distributor of
8    such make of vehicle to so sell the same in this State, and
9        2. Such person shall maintain an established place of
10    business as defined in this Act.
11    (e) The Secretary of State shall, within a reasonable time
12after receipt, examine an application submitted to him under
13this Section and unless he makes a determination that the
14application submitted to him does not conform with the
15requirements of this Section or that grounds exist for a denial
16of the application, under Section 5-501 of this Chapter, grant
17the applicant an original new vehicle dealer's license in
18writing for his established place of business and a
19supplemental license in writing for each additional place of
20business in such form as he may prescribe by rule or regulation
21which shall include the following:
22        1. The name of the person licensed;
23        2. If a corporation, the name and address of its
24    officers or if a sole proprietorship, a partnership, an
25    unincorporated association or any similar form of business
26    organization, the name and address of the proprietor or of

 

 

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1    each partner, member, officer, director, trustee or
2    manager;
3        3. In the case of an original license, the established
4    place of business of the licensee;
5        4. In the case of a supplemental license, the
6    established place of business of the licensee and the
7    additional place of business to which such supplemental
8    license pertains;
9        5. The make or makes of new vehicles which the licensee
10    is licensed to sell.
11    (f) The appropriate instrument evidencing the license or a
12certified copy thereof, provided by the Secretary of State,
13shall be kept posted conspicuously in the established place of
14business of the licensee and in each additional place of
15business, if any, maintained by such licensee.
16    (g) Except as provided in subsection (h) hereof, all new
17vehicle dealer's licenses granted under this Section shall
18expire by operation of law on December 31 of the calendar year
19for which they are granted unless sooner revoked or cancelled
20under the provisions of Section 5-501 of this Chapter.
21    (h) A new vehicle dealer's license may be renewed upon
22application and payment of the fee required herein, and
23submission of proof of coverage under an approved bond under
24the Retailers' Occupation Tax Act or proof that applicant is
25not subject to such bonding requirements, as in the case of an
26original license, but in case an application for the renewal of

 

 

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1an effective license is made during the month of December, the
2effective license shall remain in force until the application
3is granted or denied by the Secretary of State.
4    (i) All persons licensed as a new vehicle dealer are
5required to furnish each purchaser of a motor vehicle:
6        1. In the case of a new vehicle a manufacturer's
7    statement of origin and in the case of a used motor vehicle
8    a certificate of title, in either case properly assigned to
9    the purchaser;
10        2. A statement verified under oath that all identifying
11    numbers on the vehicle agree with those on the certificate
12    of title or manufacturer's statement of origin;
13        3. A bill of sale properly executed on behalf of such
14    person;
15        4. A copy of the Uniform Invoice-transaction reporting
16    return referred to in Section 5-402 hereof;
17        5. In the case of a rebuilt vehicle, a copy of the
18    Disclosure of Rebuilt Vehicle Status; and
19        6. In the case of a vehicle for which the warranty has
20    been reinstated, a copy of the warranty.
21    (j) Except at the time of sale or repossession of the
22vehicle, no person licensed as a new vehicle dealer may issue
23any other person a newly created key to a vehicle unless the
24new vehicle dealer makes a color photocopy or electronic scan
25copy of the driver's license or State identification card of
26the person requesting or obtaining the newly created key. The

 

 

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1new vehicle dealer must retain the photocopy or scan copy for
230 days.
3    A new vehicle dealer who violates this subsection (j) is
4guilty of a petty offense. Violation of this subsection (j) is
5not cause to suspend, revoke, cancel, or deny renewal of the
6new vehicle dealer's license.
7    This amendatory Act of 1983 shall be applicable to the 1984
8registration year and thereafter.
9(Source: P.A. 99-78, eff. 7-20-15; 100-450, eff. 1-1-18.)
 
10    (625 ILCS 5/5-102)  (from Ch. 95 1/2, par. 5-102)
11    Sec. 5-102. Used vehicle dealers must be licensed.
12    (a) No person, other than a licensed new vehicle dealer,
13shall engage in the business of selling or dealing in, on
14consignment or otherwise, 5 or more used vehicles of any make
15during the year (except house trailers as authorized by
16paragraph (j) of this Section and rebuilt salvage vehicles sold
17by their rebuilders to persons licensed under this Chapter), or
18act as an intermediary, agent or broker for any licensed dealer
19or vehicle purchaser (other than as a salesperson) or represent
20or advertise that he is so engaged or intends to so engage in
21such business unless licensed to do so by the Secretary of
22State under the provisions of this Section.
23    (b) An application for a used vehicle dealer's license
24shall be filed with the Secretary of State, duly verified by
25oath, in such form as the Secretary of State may by rule or

 

 

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1regulation prescribe and shall contain:
2        1. The name and type of business organization
3    established and additional places of business, if any, in
4    this State.
5        2. If the applicant is a corporation, a list of its
6    officers, directors, and shareholders having a ten percent
7    or greater ownership interest in the corporation, setting
8    forth the residence address of each; if the applicant is a
9    sole proprietorship, a partnership, an unincorporated
10    association, a trust, or any similar form of business
11    organization, the names and residence address of the
12    proprietor or of each partner, member, officer, director,
13    trustee or manager.
14        3. A statement that the applicant has been approved for
15    registration under the Retailers' Occupation Tax Act by the
16    Department of Revenue. However, this requirement does not
17    apply to a dealer who is already licensed hereunder with
18    the Secretary of State, and who is merely applying for a
19    renewal of his license. As evidence of this fact, the
20    application shall be accompanied by a certification from
21    the Department of Revenue showing that the Department has
22    approved the applicant for registration under the
23    Retailers' Occupation Tax Act.
24        4. A statement that the applicant has complied with the
25    appropriate liability insurance requirement. A Certificate
26    of Insurance in a solvent company authorized to do business

 

 

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1    in the State of Illinois shall be included with each
2    application covering each location at which he proposes to
3    act as a used vehicle dealer. The policy must provide
4    liability coverage in the minimum amounts of $100,000 for
5    bodily injury to, or death of, any person, $300,000 for
6    bodily injury to, or death of, two or more persons in any
7    one accident, and $50,000 for damage to property. Such
8    policy shall expire not sooner than December 31 of the year
9    for which the license was issued or renewed. The expiration
10    of the insurance policy shall not terminate the liability
11    under the policy arising during the period for which the
12    policy was filed. Trailer and mobile home dealers are
13    exempt from this requirement.
14        If the permitted user has a liability insurance policy
15    that provides automobile liability insurance coverage of
16    at least $100,000 for bodily injury to or the death of any
17    person, $300,000 for bodily injury to or the death of any 2
18    or more persons in any one accident, and $50,000 for damage
19    to property, then the permitted user's insurer shall be the
20    primary insurer and the dealer's insurer shall be the
21    secondary insurer. If the permitted user does not have a
22    liability insurance policy that provides automobile
23    liability insurance coverage of at least $100,000 for
24    bodily injury to or the death of any person, $300,000 for
25    bodily injury to or the death of any 2 or more persons in
26    any one accident, and $50,000 for damage to property, or

 

 

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1    does not have any insurance at all, then the dealer's
2    insurer shall be the primary insurer and the permitted
3    user's insurer shall be the secondary insurer.
4        When a permitted user is "test driving" a used vehicle
5    dealer's automobile, the used vehicle dealer's insurance
6    shall be primary and the permitted user's insurance shall
7    be secondary.
8        As used in this paragraph 4, a "permitted user" is a
9    person who, with the permission of the used vehicle dealer
10    or an employee of the used vehicle dealer, drives a vehicle
11    owned and held for sale or lease by the used vehicle dealer
12    which the person is considering to purchase or lease, in
13    order to evaluate the performance, reliability, or
14    condition of the vehicle. The term "permitted user" also
15    includes a person who, with the permission of the used
16    vehicle dealer, drives a vehicle owned or held for sale or
17    lease by the used vehicle dealer for loaner purposes while
18    the user's vehicle is being repaired or evaluated.
19        As used in this paragraph 4, "test driving" occurs when
20    a permitted user who, with the permission of the used
21    vehicle dealer or an employee of the used vehicle dealer,
22    drives a vehicle owned and held for sale or lease by a used
23    vehicle dealer that the person is considering to purchase
24    or lease, in order to evaluate the performance,
25    reliability, or condition of the vehicle.
26        As used in this paragraph 4, "loaner purposes" means

 

 

HB5056 Enrolled- 70 -LRB100 18646 LNS 33873 b

1    when a person who, with the permission of the used vehicle
2    dealer, drives a vehicle owned or held for sale or lease by
3    the used vehicle dealer while the user's vehicle is being
4    repaired or evaluated.
5        5. An application for a used vehicle dealer's license
6    shall be accompanied by the following license fees:
7            (A) $1,000 for applicant's established place of
8        business, and $50 for each additional place of
9        business, if any, to which the application pertains;
10        however, if the application is made after June 15 of
11        any year, the license fee shall be $500 for applicant's
12        established place of business plus $25 for each
13        additional place of business, if any, to which the
14        application pertains. License fees shall be returnable
15        only in the event that the application is denied by the
16        Secretary of State. Of the money received by the
17        Secretary of State as license fees under this
18        subparagraph (A) for the 2004 licensing year and
19        thereafter, 95% shall be deposited into the General
20        Revenue Fund.
21            (B) Except for dealers selling 25 or fewer
22        automobiles or as provided in subsection (h) of Section
23        5-102.7 of this Code, an Annual Dealer Recovery Fund
24        Fee in the amount of $500 for the applicant's
25        established place of business, and $50 for each
26        additional place of business, if any, to which the

 

 

HB5056 Enrolled- 71 -LRB100 18646 LNS 33873 b

1        application pertains; but if the application is made
2        after June 15 of any year, the fee shall be $250 for
3        the applicant's established place of business plus $25
4        for each additional place of business, if any, to which
5        the application pertains. For a license renewal
6        application, the fee shall be based on the amount of
7        automobiles sold in the past year according to the
8        following formula:
9                (1) $0 for dealers selling 25 or less
10            automobiles;
11                (2) $150 for dealers selling more than 25 but
12            less than 200 automobiles;
13                (3) $300 for dealers selling 200 or more
14            automobiles but less than 300 automobiles; and
15                (4) $500 for dealers selling 300 or more
16            automobiles.
17            License fees shall be returnable only in the event
18        that the application is denied by the Secretary of
19        State. Moneys received under this subparagraph (B)
20        shall be deposited into the Dealer Recovery Trust Fund.
21        6. A statement that the applicant's officers,
22    directors, shareholders having a 10% or greater ownership
23    interest therein, proprietor, partner, member, officer,
24    director, trustee, manager or other principals in the
25    business have not committed in the past 3 years any one
26    violation as determined in any civil, criminal or

 

 

HB5056 Enrolled- 72 -LRB100 18646 LNS 33873 b

1    administrative proceedings of any one of the following
2    Acts:
3            (A) The Anti-Theft Laws of the Illinois Vehicle
4        Code;
5            (B) The Certificate of Title Laws of the Illinois
6        Vehicle Code;
7            (C) The Offenses against Registration and
8        Certificates of Title Laws of the Illinois Vehicle
9        Code;
10            (D) The Dealers, Transporters, Wreckers and
11        Rebuilders Laws of the Illinois Vehicle Code;
12            (E) Section 21-2 of the Illinois Criminal Code of
13        1961 or the Criminal Code of 2012, Criminal Trespass to
14        Vehicles; or
15            (F) The Retailers' Occupation Tax Act.
16        7. A statement that the applicant's officers,
17    directors, shareholders having a 10% or greater ownership
18    interest therein, proprietor, partner, member, officer,
19    director, trustee, manager or other principals in the
20    business have not committed in any calendar year 3 or more
21    violations, as determined in any civil or criminal or
22    administrative proceedings, of any one or more of the
23    following Acts:
24            (A) The Consumer Finance Act;
25            (B) The Consumer Installment Loan Act;
26            (C) The Retail Installment Sales Act;

 

 

HB5056 Enrolled- 73 -LRB100 18646 LNS 33873 b

1            (D) The Motor Vehicle Retail Installment Sales
2        Act;
3            (E) The Interest Act;
4            (F) The Illinois Wage Assignment Act;
5            (G) Part 8 of Article XII of the Code of Civil
6        Procedure; or
7            (H) The Consumer Fraud Act.
8        8. A bond or Certificate of Deposit in the amount of
9    $50,000 for each location at which the applicant intends to
10    act as a used vehicle dealer. The bond shall be for the
11    term of the license, or its renewal, for which application
12    is made, and shall expire not sooner than December 31 of
13    the year for which the license was issued or renewed. The
14    bond shall run to the People of the State of Illinois, with
15    surety by a bonding or insurance company authorized to do
16    business in this State. It shall be conditioned upon the
17    proper transmittal of all title and registration fees and
18    taxes (excluding taxes under the Retailers' Occupation Tax
19    Act) accepted by the applicant as a used vehicle dealer.
20        9. Such other information concerning the business of
21    the applicant as the Secretary of State may by rule or
22    regulation prescribe.
23        10. A statement that the applicant understands Chapter
24    1 through Chapter 5 of this Code.
25        11. A copy of the certification from the prelicensing
26    education program.

 

 

HB5056 Enrolled- 74 -LRB100 18646 LNS 33873 b

1    (c) Any change which renders no longer accurate any
2information contained in any application for a used vehicle
3dealer's license shall be amended within 30 days after the
4occurrence of each change on such form as the Secretary of
5State may prescribe by rule or regulation, accompanied by an
6amendatory fee of $2.
7    (d) Anything in this Chapter to the contrary
8notwithstanding, no person shall be licensed as a used vehicle
9dealer unless such person maintains an established place of
10business as defined in this Chapter.
11    (e) The Secretary of State shall, within a reasonable time
12after receipt, examine an application submitted to him under
13this Section. Unless the Secretary makes a determination that
14the application submitted to him does not conform to this
15Section or that grounds exist for a denial of the application
16under Section 5-501 of this Chapter, he must grant the
17applicant an original used vehicle dealer's license in writing
18for his established place of business and a supplemental
19license in writing for each additional place of business in
20such form as he may prescribe by rule or regulation which shall
21include the following:
22        1. The name of the person licensed;
23        2. If a corporation, the name and address of its
24    officers or if a sole proprietorship, a partnership, an
25    unincorporated association or any similar form of business
26    organization, the name and address of the proprietor or of

 

 

HB5056 Enrolled- 75 -LRB100 18646 LNS 33873 b

1    each partner, member, officer, director, trustee or
2    manager;
3        3. In case of an original license, the established
4    place of business of the licensee;
5        4. In the case of a supplemental license, the
6    established place of business of the licensee and the
7    additional place of business to which such supplemental
8    license pertains.
9    (f) The appropriate instrument evidencing the license or a
10certified copy thereof, provided by the Secretary of State
11shall be kept posted, conspicuously, in the established place
12of business of the licensee and in each additional place of
13business, if any, maintained by such licensee.
14    (g) Except as provided in subsection (h) of this Section,
15all used vehicle dealer's licenses granted under this Section
16expire by operation of law on December 31 of the calendar year
17for which they are granted unless sooner revoked or cancelled
18under Section 5-501 of this Chapter.
19    (h) A used vehicle dealer's license may be renewed upon
20application and payment of the fee required herein, and
21submission of proof of coverage by an approved bond under the
22"Retailers' Occupation Tax Act" or proof that applicant is not
23subject to such bonding requirements, as in the case of an
24original license, but in case an application for the renewal of
25an effective license is made during the month of December, the
26effective license shall remain in force until the application

 

 

HB5056 Enrolled- 76 -LRB100 18646 LNS 33873 b

1for renewal is granted or denied by the Secretary of State.
2    (i) All persons licensed as a used vehicle dealer are
3required to furnish each purchaser of a motor vehicle:
4        1. A certificate of title properly assigned to the
5    purchaser;
6        2. A statement verified under oath that all identifying
7    numbers on the vehicle agree with those on the certificate
8    of title;
9        3. A bill of sale properly executed on behalf of such
10    person;
11        4. A copy of the Uniform Invoice-transaction reporting
12    return referred to in Section 5-402 of this Chapter;
13        5. In the case of a rebuilt vehicle, a copy of the
14    Disclosure of Rebuilt Vehicle Status; and
15        6. In the case of a vehicle for which the warranty has
16    been reinstated, a copy of the warranty.
17    (j) A real estate broker holding a valid certificate of
18registration issued pursuant to "The Real Estate Brokers and
19Salesmen License Act" may engage in the business of selling or
20dealing in house trailers not his own without being licensed as
21a used vehicle dealer under this Section; however such broker
22shall maintain a record of the transaction including the
23following:
24        (1) the name and address of the buyer and seller,
25        (2) the date of sale,
26        (3) a description of the mobile home, including the

 

 

HB5056 Enrolled- 77 -LRB100 18646 LNS 33873 b

1    vehicle identification number, make, model, and year, and
2        (4) the Illinois certificate of title number.
3    The foregoing records shall be available for inspection by
4any officer of the Secretary of State's Office at any
5reasonable hour.
6    (k) Except at the time of sale or repossession of the
7vehicle, no person licensed as a used vehicle dealer may issue
8any other person a newly created key to a vehicle unless the
9used vehicle dealer makes a color photocopy or electronic scan
10copy of the driver's license or State identification card of
11the person requesting or obtaining the newly created key. The
12used vehicle dealer must retain the photocopy or scan copy for
1330 days.
14    A used vehicle dealer who violates this subsection (k) is
15guilty of a petty offense. Violation of this subsection (k) is
16not cause to suspend, revoke, cancel, or deny renewal of the
17used vehicle dealer's license.
18    (l) Used vehicle dealers licensed under this Section shall
19provide the Secretary of State a register for the sale at
20auction of each salvage or junk certificate vehicle. Each
21register shall include the following information:
22        1. The year, make, model, style and color of the
23    vehicle;
24        2. The vehicle's manufacturer's identification number
25    or, if applicable, the Secretary of State or Illinois
26    Department of State Police identification number;

 

 

HB5056 Enrolled- 78 -LRB100 18646 LNS 33873 b

1        3. The date of acquisition of the vehicle;
2        4. The name and address of the person from whom the
3    vehicle was acquired;
4        5. The name and address of the person to whom any
5    vehicle was disposed, the person's Illinois license number
6    or if the person is an out-of-state salvage vehicle buyer,
7    the license number from the state or jurisdiction where the
8    buyer is licensed; and
9        6. The purchase price of the vehicle.
10    The register shall be submitted to the Secretary of State
11via written or electronic means within 10 calendar days from
12the date of the auction.
13(Source: P.A. 99-78, eff. 7-20-15; 100-450, eff. 1-1-18.)
 
14    (625 ILCS 5/5-401.3)  (from Ch. 95 1/2, par. 5-401.3)
15    Sec. 5-401.3. Scrap processors required to keep records.
16    (a) Every person licensed or required to be licensed as a
17scrap processor pursuant to Section 5-301 of this Chapter shall
18maintain for 3 years, at his established place of business, the
19following records relating to the acquisition of recyclable
20metals or the acquisition of a vehicle, junk vehicle, or
21vehicle cowl which has been acquired for the purpose of
22processing into a form other than a vehicle, junk vehicle or
23vehicle cowl which is possessed in the State or brought into
24this State from another state, territory or country. No scrap
25metal processor shall sell a vehicle or essential part, as

 

 

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1such, except for engines, transmissions, and powertrains,
2unless licensed to do so under another provision of this Code.
3A scrap processor who is additionally licensed as an automotive
4parts recycler shall not be subject to the record keeping
5requirements for a scrap processor when acting as an automotive
6parts recycler.
7        (1) For a vehicle, junk vehicle, or vehicle cowl
8    acquired from a person who is licensed under this Chapter,
9    the scrap processor shall record the name and address of
10    the person, and the Illinois or out-of-state dealer license
11    number of such person on the scrap processor's weight
12    ticket at the time of the acquisition. The person disposing
13    of the vehicle, junk vehicle, or vehicle cowl shall furnish
14    the scrap processor with documentary proof of ownership of
15    the vehicle, junk vehicle, or vehicle cowl in one of the
16    following forms: a Certificate of Title, a Salvage
17    Certificate, a Junking Certificate, a Secretary of State
18    Junking Manifest, a Uniform Invoice, a Certificate of
19    Purchase, or other similar documentary proof of ownership.
20    The scrap processor shall not acquire a vehicle, junk
21    vehicle or vehicle cowl without obtaining one of the
22    aforementioned documentary proofs of ownership.
23        (2) For a vehicle, junk vehicle or vehicle cowl
24    acquired from a person who is not licensed under this
25    Chapter, the scrap processor shall verify and record that
26    person's identity by recording the identification of such

 

 

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1    person from at least 2 sources of identification, one of
2    which shall be a driver's license or State Identification
3    Card, on the scrap processor's weight ticket at the time of
4    the acquisition. The person disposing of the vehicle, junk
5    vehicle, or vehicle cowl shall furnish the scrap processor
6    with documentary proof of ownership of the vehicle, junk
7    vehicle, or vehicle cowl in one of the following forms: a
8    Certificate of Title, a Salvage Certificate, a Junking
9    Certificate, a Secretary of State Junking Manifest, a
10    Certificate of Purchase, or other similar documentary
11    proof of ownership. The scrap processor shall not acquire a
12    vehicle, junk vehicle or vehicle cowl without obtaining one
13    of the aforementioned documentary proofs of ownership.
14        (3) In addition to the other information required on
15    the scrap processor's weight ticket, a scrap processor who
16    at the time of acquisition of a vehicle, junk vehicle, or
17    vehicle cowl is furnished a Certificate of Title, Salvage
18    Certificate or Certificate of Purchase shall record the
19    Vehicle Identification Number on the weight ticket or affix
20    a copy of the Certificate of Title, Salvage Certificate or
21    Certificate of Purchase to the weight ticket and the
22    identification of the person acquiring the information on
23    the behalf of the scrap processor.
24        (4) The scrap processor shall maintain a copy of a Junk
25    Vehicle Notification relating to any Certificate of Title,
26    Salvage Certificate, Certificate of Purchase or similarly

 

 

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1    acceptable out-of-state document surrendered to the
2    Secretary of State pursuant to the provisions of Section
3    3-117.2 of this Code.
4        (5) For recyclable metals valued at $100 or more, the
5    scrap processor shall, for each transaction, record the
6    identity of the person from whom the recyclable metals were
7    acquired by verifying the identification of that person
8    from one source of identification, which shall be a valid
9    driver's license or State Identification Card, on the scrap
10    processor's weight ticket at the time of the acquisition
11    and by making and recording a color photocopy or electronic
12    scan of the driver's license or State Identification Card.
13    Such information shall be available for inspection by any
14    law enforcement official. If the person delivering the
15    recyclable metal does not have a valid driver's license or
16    State Identification Card, the scrap processor shall not
17    complete the transaction. The inspection of records
18    pertaining only to recyclable metals shall not be counted
19    as an inspection of a premises for purposes of subparagraph
20    (7) of Section 5-403 of this Code.
21        This subdivision (a)(5) does not apply to electrical
22    contractors, to agencies or instrumentalities of the State
23    of Illinois or of the United States, to common carriers, to
24    purchases from persons, firms, or corporations regularly
25    engaged in the business of manufacturing recyclable metal,
26    in the business of selling recyclable metal at retail or

 

 

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1    wholesale, or in the business of razing, demolishing,
2    destroying, or removing buildings, to the purchase by one
3    recyclable metal dealer from another, or the purchase from
4    persons, firms, or corporations engaged in either the
5    generation, transmission, or distribution of electric
6    energy or in telephone, telegraph, and other
7    communications if such common carriers, persons, firms, or
8    corporations at the time of the purchase provide the
9    recyclable metal dealer with a bill of sale or other
10    written evidence of title to the recyclable metal. This
11    subdivision (a)(5) also does not apply to contractual
12    arrangements between dealers.
13    (b) Any licensee who knowingly fails to record any of the
14specific information required to be recorded on the weight
15ticket required under any other subsection of this Section, or
16Section 5-401 of this Code, or who knowingly fails to acquire
17and maintain for 3 years documentary proof of ownership in one
18of the prescribed forms shall be guilty of a Class A
19misdemeanor and subject to a fine not to exceed $1,000. Each
20violation shall constitute a separate and distinct offense and
21a separate count may be brought in the same complaint for each
22violation. Any licensee who commits a second violation of this
23Section within two years of a previous conviction of a
24violation of this Section shall be guilty of a Class 4 felony.
25    (c) It shall be an affirmative defense to an offense
26brought under paragraph (b) of this Section that the licensee

 

 

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1or person required to be licensed both reasonably and in good
2faith relied on information appearing on a Certificate of
3Title, a Salvage Certificate, a Junking Certificate, a
4Secretary of State Manifest, a Secretary of State's Uniform
5Invoice, a Certificate of Purchase, or other documentary proof
6of ownership prepared under Section 3-117.1(a) of this Code,
7relating to the transaction for which the required record was
8not kept which was supplied to the licensee by another licensee
9or an out-of-state dealer.
10    (d) No later than 15 days prior to going out of business,
11selling the business, or transferring the ownership of the
12business, the scrap processor shall notify the Secretary of
13that fact. Failure to so notify the Secretary of State shall
14constitute a failure to keep records under this Section.
15    (e) Evidence derived directly or indirectly from the
16keeping of records required to be kept under this Section shall
17not be admissible in a prosecution of the licensee for an
18alleged violation of Section 4-102(a)(3) of this Code.
19(Source: P.A. 95-253, eff. 1-1-08; 95-979, eff. 1-2-09.)
 
20    (625 ILCS 5/13-101)  (from Ch. 95 1/2, par. 13-101)
21    Sec. 13-101. Submission to safety test; Certificate of
22safety. To promote the safety of the general public, every
23owner of a second division vehicle, medical transport vehicle,
24tow truck, first division vehicle including a taxi which is
25used for a purpose that requires a school bus driver permit,

 

 

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1motor vehicle used for driver education training, or contract
2carrier transporting employees in the course of their
3employment on a highway of this State in a vehicle designed to
4carry 15 or fewer passengers shall, before operating the
5vehicle upon the highways of Illinois, submit it to a "safety
6test" and secure a certificate of safety furnished by the
7Department as set forth in Section 13-109. Each second division
8motor vehicle that pulls or draws a trailer, semitrailer or
9pole trailer, with a gross weight of 10,001 more than 8,000 lbs
10or more or is registered for a gross weight of 10,001 more than
118,000 lbs or more, motor bus, religious organization bus,
12school bus, senior citizen transportation vehicle, and
13limousine shall be subject to inspection by the Department and
14the Department is authorized to establish rules and regulations
15for the implementation of such inspections.
16    The owners of each salvage vehicle shall submit it to a
17"safety test" and secure a certificate of safety furnished by
18the Department prior to its salvage vehicle inspection pursuant
19to Section 3-308 of this Code. In implementing and enforcing
20the provisions of this Section, the Department and other
21authorized State agencies shall do so in a manner that is not
22inconsistent with any applicable federal law or regulation so
23that no federal funding or support is jeopardized by the
24enactment or application of these provisions.
25    However, none of the provisions of Chapter 13 requiring
26safety tests or a certificate of safety shall apply to:

 

 

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1        (a) farm tractors, machinery and implements, wagons,
2    wagon-trailers or like farm vehicles used primarily in
3    agricultural pursuits;
4        (b) vehicles other than school buses, tow trucks and
5    medical transport vehicles owned or operated by a municipal
6    corporation or political subdivision having a population
7    of 1,000,000 or more inhabitants and which are subject to
8    safety tests imposed by local ordinance or resolution;
9        (c) a semitrailer or trailer having a gross weight of
10    5,000 pounds or less including vehicle weight and maximum
11    load;
12        (d) recreational vehicles;
13        (e) vehicles registered as and displaying Illinois
14    antique vehicle plates and vehicles registered as
15    expanded-use antique vehicles and displaying expanded-use
16    antique vehicle plates;
17        (f) house trailers equipped and used for living
18    quarters;
19        (g) vehicles registered as and displaying Illinois
20    permanently mounted equipment plates or similar vehicles
21    eligible therefor but registered as governmental vehicles
22    provided that if said vehicle is reclassified from a
23    permanently mounted equipment plate so as to lose the
24    exemption of not requiring a certificate of safety, such
25    vehicle must be safety tested within 30 days of the
26    reclassification;

 

 

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1        (h) vehicles owned or operated by a manufacturer,
2    dealer or transporter displaying a special plate or plates
3    as described in Chapter 3 of this Code while such vehicle
4    is being delivered from the manufacturing or assembly plant
5    directly to the purchasing dealership or distributor, or
6    being temporarily road driven for quality control testing,
7    or from one dealer or distributor to another, or are being
8    moved by the most direct route from one location to another
9    for the purpose of installing special bodies or equipment,
10    or driven for purposes of demonstration by a prospective
11    buyer with the dealer or his agent present in the cab of
12    the vehicle during the demonstration;
13        (i) pole trailers and auxiliary axles;
14        (j) special mobile equipment;
15        (k) vehicles properly registered in another State
16    pursuant to law and displaying a valid registration plate,
17    except vehicles of contract carriers transporting
18    employees in the course of their employment on a highway of
19    this State in a vehicle designed to carry 15 or fewer
20    passengers are only exempted to the extent that the safety
21    testing requirements applicable to such vehicles in the
22    state of registration are no less stringent than the safety
23    testing requirements applicable to contract carriers that
24    are lawfully registered in Illinois;
25        (l) water-well boring apparatuses or rigs;
26        (m) any vehicle which is owned and operated by the

 

 

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1    federal government and externally displays evidence of
2    such ownership; and
3        (n) second division vehicles registered for a gross
4    weight of 10,000 8,000 pounds or less, except when such
5    second division motor vehicles pull or draw a trailer,
6    semi-trailer or pole trailer having a gross weight of or
7    registered for a gross weight of more than 10,000 8,000
8    pounds; motor buses; religious organization buses; school
9    buses; senior citizen transportation vehicles; medical
10    transport vehicles; and tow trucks; and any property
11    carrying vehicles being operated in commerce that are
12    registered for a gross weight of more than 8,000 lbs but
13    less than 10,001 lbs.
14    The safety test shall include the testing and inspection of
15brakes, lights, horns, reflectors, rear vision mirrors,
16mufflers, safety chains, windshields and windshield wipers,
17warning flags and flares, frame, axle, cab and body, or cab or
18body, wheels, steering apparatus, and other safety devices and
19appliances required by this Code and such other safety tests as
20the Department may by rule or regulation require, for second
21division vehicles, school buses, medical transport vehicles,
22tow trucks, first division vehicles including taxis which are
23used for a purpose that requires a school bus driver permit,
24motor vehicles used for driver education training, vehicles
25designed to carry 15 or fewer passengers operated by a contract
26carrier transporting employees in the course of their

 

 

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1employment on a highway of this State, trailers, and
2semitrailers subject to inspection.
3    For tow trucks, the safety test and inspection shall also
4include the inspection of winch mountings, body panels, body
5mounts, wheel lift swivel points, and sling straps, and other
6tests and inspections the Department by rule requires for tow
7trucks.
8    For driver education vehicles used by public high schools,
9the vehicle must also be equipped with dual control brakes, a
10mirror on each side of the vehicle so located as to reflect to
11the driver a view of the highway for a distance of at least 200
12feet to the rear, and a sign visible from the front and the
13rear identifying the vehicle as a driver education car.
14    For trucks, truck tractors, trailers, semi-trailers,
15buses, and first division vehicles including taxis which are
16used for a purpose that requires a school bus driver permit,
17the safety test shall be conducted in accordance with the
18Minimum Periodic Inspection Standards promulgated by the
19Federal Highway Administration of the U.S. Department of
20Transportation and contained in Appendix G to Subchapter B of
21Chapter III of Title 49 of the Code of Federal Regulations.
22Those standards, as now in effect, are made a part of this
23Code, in the same manner as though they were set out in full in
24this Code.
25    The passing of the safety test shall not be a bar at any
26time to prosecution for operating a second division vehicle,

 

 

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1medical transport vehicle, motor vehicle used for driver
2education training, or vehicle designed to carry 15 or fewer
3passengers operated by a contract carrier as provided in this
4Section that is unsafe, as determined by the standards
5prescribed in this Code.
6(Source: P.A. 97-224, eff. 7-28-11; 97-412, eff. 1-1-12;
797-813, eff. 7-13-12; 97-1025, eff. 1-1-13.)
 
8    (625 ILCS 5/3-807 rep.)
9    Section 10. The Illinois Vehicle Code is amended by
10repealing Section 3-807.
 
11    Section 99. Effective date. This Act takes effect January
121, 2019.