(625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1) Sec. 2-118.1. Opportunity for hearing; statutory summary alcohol
or other drug related suspension or revocation pursuant to Section 11-501.1. (a) A statutory summary suspension or revocation of driving privileges under Section
11-501.1 shall not become effective until the person is notified in writing of
the impending suspension or revocation and informed that he may request a hearing in the
circuit court of venue under paragraph (b) of this Section and the statutory
summary suspension or revocation shall become effective as provided in Section 11-501.1. (b) Within 90 days after the notice of statutory summary
suspension or revocation served under Section
11-501.1, the person may make a written request for a judicial hearing in
the circuit court of venue. The request to the circuit court shall state
the grounds upon which the person seeks to have the statutory summary
suspension or revocation rescinded. Within 30 days after receipt of the written request
or the first appearance date on the Uniform Traffic Ticket issued pursuant
to a violation of Section 11-501, or a similar provision of a local
ordinance, the hearing shall be conducted by the circuit court having
jurisdiction. This judicial hearing, request, or process shall not stay or
delay the statutory summary suspension or revocation. The hearings shall proceed in the
court in the same manner as in other civil proceedings. The hearing may be conducted upon a review of the law enforcement
officer's own official reports; provided however, that the person may
subpoena the officer. Failure of the officer to answer the subpoena shall
be considered grounds for a continuance if in the court's discretion the
continuance is appropriate. The scope of the hearing shall be limited to the issues of: 1. Whether the person was placed under arrest for an | ||
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2. Whether the officer had reasonable grounds to | ||
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3. Whether the person, after being advised by the | ||
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4. Whether the person, after being advised by the | ||
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4.2. (Blank). 4.5. (Blank). 5. If the person's driving privileges were revoked, | ||
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Upon the conclusion of the judicial hearing, the circuit court shall
sustain or rescind the statutory summary suspension or revocation and immediately notify
the Secretary of State. Reports received by the Secretary of State under
this Section shall be privileged information and for use only by the
courts, police officers, and Secretary of State. (Source: P.A. 102-982, eff. 7-1-23 .) |
(625 ILCS 5/2-118.2) Sec. 2-118.2. Opportunity for hearing; cannabis-related suspension under Section 11-501.9. (a) A suspension of driving privileges under Section 11-501.9 of this Code shall not become effective until the person is notified in writing of the impending suspension and informed that he or she may request a hearing in the circuit court of venue under subsection (b) of this Section and the suspension shall become effective as provided in Section 11-501.9. (b) Within 90 days after the notice of suspension served under Section 11-501.9, the person may make a written request for a judicial hearing in the circuit court of venue. The request to the circuit court shall state the grounds upon which the person seeks to have the suspension rescinded. Within 30 days after receipt of the written request or the first appearance date on the Uniform Traffic Ticket issued for a violation of Section 11-501 of this Code, or a similar provision of a local ordinance, the hearing shall be conducted by the circuit court having jurisdiction. This judicial hearing, request, or process shall not stay or delay the suspension. The hearing shall proceed in the court in the same manner as in other civil proceedings. The hearing may be conducted upon a review of the law enforcement officer's own official reports; provided however, that the person may subpoena the officer. Failure of the officer to answer the subpoena shall be considered grounds for a continuance if in the court's discretion the continuance is appropriate. The scope of the hearing shall be limited to the issues of: (1) Whether the officer had reasonable suspicion | ||
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(2) Whether the person, after being advised by the | ||
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(3) Whether the person after being advised by the | ||
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Upon the conclusion of the judicial hearing, the circuit court shall sustain or rescind the suspension and immediately notify the Secretary of State. Reports received by the Secretary of State under this Section shall be privileged information and for use only by the courts, police officers, and Secretary of State.
(Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19; 101-593, eff. 12-4-19.) |
(625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119) Sec. 2-119. Disposition of fees and taxes. (a) All moneys received from Salvage Certificates shall be deposited in the Common School Fund in the State treasury. (b) Of the money collected for each certificate of title, duplicate certificate of title, and corrected certificate of title: (1) $2.60 shall be deposited in the Park and | ||
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(2) $0.65 shall be deposited in the Illinois | ||
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(3) $48 shall be disbursed under subsection (g) of | ||
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(4) $4 shall be deposited into the Motor Vehicle | ||
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(5) $30 shall be deposited into the Capital Projects | ||
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(6) $10 shall be deposited into the Secretary of | ||
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All remaining moneys collected for certificates of title, and all moneys collected for filing of security interests, shall be deposited in the General Revenue Fund. The $20 collected for each delinquent vehicle registration renewal fee shall be deposited into the General Revenue Fund. The moneys deposited in the Park and Conservation Fund under this Section shall be used for the acquisition and development of bike paths as provided for in Section 805-420 of the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. The moneys deposited into the Park and Conservation Fund under this subsection shall not be subject to administrative charges or chargebacks, unless otherwise authorized by this Code. If the balance in the Motor Vehicle License Plate Fund exceeds $40,000,000 on the last day of a calendar month, then during the next calendar month, the $4 that otherwise would be deposited in that fund shall instead be deposited into the Road Fund. (c) All moneys collected for that portion of a driver's license fee designated for driver education under Section 6-118 shall be placed in the Drivers Education Fund in the State treasury. (d) Of the moneys collected as a registration fee for each motorcycle, motor driven cycle, and moped, 27% shall be deposited in the Cycle Rider Safety Training Fund. (e) (Blank). (f) Of the total money collected for a commercial learner's permit (CLP) or original or renewal issuance of a commercial driver's license (CDL) pursuant to the Uniform Commercial Driver's License Act (UCDLA): (i) $6 of the total fee for an original or renewal CDL, and $6 of the total CLP fee when such permit is issued to any person holding a valid Illinois driver's license, shall be paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund (Commercial Driver's License Information System/American Association of Motor Vehicle Administrators network/National Motor Vehicle Title Information Service Trust Fund) and shall be used for the purposes provided in Section 6z-23 of the State Finance Act and (ii) $20 of the total fee for an original or renewal CDL or CLP shall be paid into the Motor Carrier Safety Inspection Fund, which is hereby created as a special fund in the State treasury, to be used by the Illinois State Police, subject to appropriation, to hire additional officers to conduct motor carrier safety inspections pursuant to Chapter 18b of this Code. (g) Of the moneys received by the Secretary of State as registration fees or taxes, certificates of title, duplicate certificates of title, corrected certificates of title, or as payment of any other fee under this Code, when those moneys are not otherwise distributed by this Code, 37% shall be deposited into the State Construction Account Fund, and 63% shall be deposited in the Road Fund. Moneys in the Road Fund shall be used for the purposes provided in Section 8.3 of the State Finance Act. (h) (Blank). (i) (Blank). (j) (Blank). (k) There is created in the State treasury a special fund to be known as the Secretary of State Special License Plate Fund. Money deposited into the Fund shall, subject to appropriation, be used by the Office of the Secretary of State (i) to help defray plate manufacturing and plate processing costs for the issuance and, when applicable, renewal of any new or existing registration plates authorized under this Code and (ii) for grants made by the Secretary of State to benefit Illinois Veterans Home libraries. (l) The Motor Vehicle Review Board Fund is created as a special fund in the State treasury. Moneys deposited into the Fund under paragraph (7) of subsection (b) of Section 5-101 and Section 5-109 shall, subject to appropriation, be used by the Office of the Secretary of State to administer the Motor Vehicle Review Board, including, without limitation, payment of compensation and all necessary expenses incurred in administering the Motor Vehicle Review Board under the Motor Vehicle Franchise Act. (m) Effective July 1, 1996, there is created in the State treasury a special fund to be known as the Family Responsibility Fund. Moneys deposited into the Fund shall, subject to appropriation, be used by the Office of the Secretary of State for the purpose of enforcing the Illinois Safety and Family Financial Responsibility Law. (n) The Illinois Fire Fighters' Memorial Fund is created as a special fund in the State treasury. Moneys deposited into the Fund shall, subject to appropriation, be used by the Office of the State Fire Marshal for construction of the Illinois Fire Fighters' Memorial to be located at the State Capitol grounds in Springfield, Illinois. Upon the completion of the Memorial, moneys in the Fund shall be used in accordance with Section 3-634. (o) Of the money collected for each certificate of title for all-terrain vehicles and off-highway motorcycles, $17 shall be deposited into the Off-Highway Vehicle Trails Fund. (p) For audits conducted on or after July 1, 2003 pursuant to Section 2-124(d) of this Code, 50% of the money collected as audit fees shall be deposited into the General Revenue Fund. (q) Beginning July 1, 2023, the additional fees imposed by Public Act 103-8 in Sections 2-123, 3-821, and 6-118 shall be deposited into the Secretary of State Special Services Fund. (Source: P.A. 102-538, eff. 8-20-21; 103-8, eff. 7-1-23; 103-605, eff. 7-1-24.) |
(625 ILCS 5/2-120) (from Ch. 95 1/2, par. 2-120)
Sec. 2-120. Disposition of fines and forfeitures.
(a) Fines and
penalties recovered under the provisions of this Act administered by the
Secretary of State, except those fines, assessments, and penalties subject to
disbursement by the circuit clerk under the Criminal and Traffic Assessment Act, shall be paid over and used as follows:
1. For violations of this Act committed within the | ||
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2. For violations of this Act committed outside the | ||
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3. For the purposes of this Act an offense for | ||
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(b) Failure, refusal or neglect on the part of any
judicial or other officer or employee receiving or having custody of any
such fine or forfeiture either before or after a deposit with the proper
official as defined in paragraph (a) of this Section, shall constitute
misconduct in office and shall be grounds for removal therefrom.
(Source: P.A. 100-987, eff. 7-1-19 .)
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(625 ILCS 5/2-121) (from Ch. 95 1/2, par. 2-121)
Sec. 2-121.
Local Government tax.
(a) No owner of a vehicle who shall have obtained a certificate from the
Secretary of State and paid the registration fee and tax as provided in
this Act, shall be required by any county, city, village, incorporated
town,
or
other municipal corporation within the State other than a county, city,
village,
incorporated town, or other municipal corporation in which the
owner
resides
or in which a vehicle has its situs or base, to pay any tax or license fee
for the use of the vehicle. The county, city, village, or incorporated
town
in which the
owner resides or in which a vehicle has its situs or base, except commercial
motor vehicles as defined in paragraph (2) of Section 18b-101 that are
registered under Section 3-402.1, may impose a tax or license fee as is
provided in Section 8-11-4 of the
Illinois Municipal Code or a similar county ordinance that imposes a tax or
license fee on an owner of a vehicle for the use of the vehicle.
Nor shall the owner be required to display upon his vehicle any plate
or tax or license number other than that issued by the Secretary of State
or by the county, city, village, incorporated town, or other municipal
corporation
within the State within which the owner resides or in which a vehicle has
its situs or base. However, a resident owner shall not be required to
display on his vehicle, the plate or tax or license number issued by the
county, city, village, or incorporated town of his residence if
his vehicle is
displaying the plate or tax or license number issued by the place wherein
the vehicle has its situs or base.
This subsection (a) applies to ordinances enacted by any county, city,
village, incorporated town, or other municipal corporation. Any provision of
an ordinance enacted by a county, city, village, incorporated town, or other
municipal corporation that is inconsistent with this subsection (a) is null and
void.
(b) No county, city, village, incorporated town, or other municipal
corporation, including a home rule unit, may impose a tax or license fee under
Section 8-11-4 of the Illinois Municipal Code, or impose a similar tax or
license fee under home rule powers, upon any commercial vehicle as defined in
paragraph (2) of Section 18b-101 that is registered under Section 3-402.1.
This subsection (b) is a denial and limitation of home rule powers and
functions under subsection (g) of Section 6 of Article VII of the Illinois
Constitution.
(Source: P.A. 90-433, eff. 8-16-97.)
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(625 ILCS 5/2-122) (from Ch. 95 1/2, par. 2-122)
Sec. 2-122.
Remittance agents.
The Secretary of State shall administer the law relating to remittance
agents pursuant to the law.
(Source: P.A. 76-1586.)
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(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
Sec. 2-123. Sale and distribution of information.
(a) Except as otherwise provided in this Section, the Secretary may make the
driver's license, vehicle and title registration lists, in part or in whole,
and any statistical information derived from these lists available to local
governments, elected state officials, state educational institutions, and all
other governmental units of the State and Federal
Government
requesting them for governmental purposes. The Secretary shall require any such
applicant for services to pay for the costs of furnishing such services and the
use of the equipment involved, and in addition is empowered to establish prices
and charges for the services so furnished and for the use of the electronic
equipment utilized.
(b) The Secretary is further empowered to and he may, in his discretion,
furnish to any applicant, other than listed in subsection (a) of this Section,
vehicle or driver data on a computer tape, disk, other electronic format or
computer processable medium, or printout at a fixed fee of $500, in advance, and require in addition a
further sufficient
deposit based upon the Secretary of State's estimate of the total cost of the
information requested and a charge of $50, per 1,000
units or part
thereof identified or the actual cost, whichever is greater. The Secretary is
authorized to refund any difference between the additional deposit and the
actual cost of the request. This service shall not be in lieu of an abstract
of a driver's record nor of a title or registration search. This service may
be limited to entities purchasing a minimum number of records as required by
administrative rule. The information
sold pursuant to this subsection shall be the entire vehicle or driver data
list, or part thereof. The information sold pursuant to this subsection
shall not contain personally identifying information unless the information is
to be used for one of the purposes identified in subsection (f-5) of this
Section. Commercial purchasers of driver and vehicle record databases shall
enter into a written agreement with the Secretary of State that includes
disclosure of the commercial use of the information to be purchased. (b-1) The Secretary is further empowered to and may, in his or her discretion, furnish vehicle or driver data on a computer tape, disk, or other electronic format or computer processible medium, at no fee, to any State or local governmental agency that uses the information provided by the Secretary to transmit data back to the Secretary that enables the Secretary to maintain accurate driving records, including dispositions of traffic cases. This information may be provided without fee not more often than once every 6 months.
(c) Secretary of State may issue registration lists. The Secretary
of State may compile a list of all registered
vehicles. Each list of registered vehicles shall be arranged serially
according to the registration numbers assigned to registered vehicles and
may contain in addition the names and addresses of registered owners and
a brief description of each vehicle including the serial or other
identifying number thereof. Such compilation may be in such form as in the
discretion of the Secretary of State may seem best for the purposes intended.
(d) The Secretary of State shall furnish no more than 2 current available
lists of such registrations to the sheriffs of all counties and to the chiefs
of police of all cities and villages and towns of 2,000 population and over
in this State at no cost. Additional copies may be purchased by the sheriffs
or chiefs of police at the fee
of $500 each or at the cost of producing the list as determined
by the Secretary of State. Such lists are to be used for governmental
purposes only.
(e) (Blank).
(e-1) (Blank).
(f) The Secretary of State shall make a title or registration search of the
records of his office and a written report on the same for any person, upon
written application of such person, accompanied by a fee of $5 for
each registration or title search. The written application shall set forth
the intended use of the requested information. No fee shall be charged for a
title or
registration search, or for the certification thereof requested by a government
agency. The report of the title or registration search shall not contain
personally identifying information unless the request for a search was made for
one of the purposes identified in subsection (f-5) of this Section. The report of the title or registration search shall not contain highly
restricted personal
information unless specifically authorized by this Code.
The Secretary of State shall certify a title or registration record upon
written request. The fee for certification shall be $5 in addition
to the fee required for a title or registration search. Certification shall
be made under the signature of the Secretary of State and shall be
authenticated by Seal of the Secretary of State.
The Secretary of State may notify the vehicle owner or registrant of
the request for purchase of his title or registration information as the
Secretary deems appropriate.
No information shall be released to the requester until expiration of a 10-day
period. This 10-day period shall not apply to requests for
information made by law enforcement officials, government agencies,
financial institutions, attorneys, insurers, employers, automobile
associated businesses, persons licensed as a private detective or firms
licensed as a private detective agency under the Private Detective, Private
Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, who are employed by or are
acting on
behalf of law enforcement officials, government agencies, financial
institutions, attorneys, insurers, employers, automobile associated businesses,
and other business entities for purposes consistent with the Illinois Vehicle
Code, the vehicle owner or registrant or other entities as the Secretary may
exempt by rule and regulation.
Any misrepresentation made by a requester of title or vehicle information
shall be punishable as a petty offense, except in the case of persons
licensed as a private detective or firms licensed as a private detective agency
which shall be subject to disciplinary sanctions under Section 40-10 of the
Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
(f-5) The Secretary of State shall not disclose or otherwise make
available to
any person or entity any personally identifying information obtained by the
Secretary
of State in connection with a driver's license, vehicle, or title registration
record
unless the information is disclosed for one of the following purposes:
(1) For use by any government agency, including any | ||
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(2) For use in connection with matters of motor | ||
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(3) For use in the normal course of business by a | ||
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(A) to verify the accuracy of personal | ||
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(B) if such information as so submitted is not | ||
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(4) For use in research activities and for use in | ||
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(5) For use in connection with any civil, criminal, | ||
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(6) For use by any insurer or insurance support | ||
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(7) For use in providing notice to the owners of | ||
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(8) For use by any person licensed as a private | ||
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(9) For use by an employer or its agent or insurer to | ||
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(10) For use in connection with the operation of | ||
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(11) For use by any requester, if the requester | ||
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(12) For use by members of the news media, as defined | ||
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(13) For any other use specifically authorized by | ||
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(f-6) The Secretary of State shall not disclose or otherwise make
available to any
person or entity any highly restricted personal information obtained by the
Secretary of
State in connection with a driver's license, vehicle, or
title registration
record unless
specifically authorized by this Code.
(g) 1. The Secretary of State may, upon receipt of a written request
and a fee as set forth in Section 6-118, furnish to the person or agency so requesting a
driver's record or data contained therein. Such document may include a record of: current driver's
license issuance information, except that the information on judicial driving
permits shall be available only as otherwise provided by this Code;
convictions; orders entered revoking, suspending or cancelling a
driver's
license or privilege; and notations of crash involvement. All other
information, unless otherwise permitted by
this Code, shall remain confidential. Information released pursuant to a
request for a driver's record shall not contain personally identifying
information, unless the request for the driver's record was made for one of the
purposes set forth in subsection (f-5) of this Section. The Secretary of State may, without fee, allow a parent or guardian of a person under the age of 18 years, who holds an instruction permit or graduated driver's license, to view that person's driving record online, through a computer connection.
The parent or guardian's online access to the driving record will terminate when the instruction permit or graduated driver's license holder reaches the age of 18.
2. The Secretary of State shall not disclose or otherwise make available
to any
person or
entity any highly restricted personal information obtained by the Secretary of
State in
connection with a driver's license, vehicle, or title
registration record
unless specifically
authorized by this Code. The Secretary of State may certify an abstract of a driver's record
upon written request therefor. Such certification
shall be made under the signature of the Secretary of State and shall be
authenticated by the Seal of his office.
3. All requests for driving record information shall be made in a manner
prescribed by the Secretary and shall set forth the intended use of the
requested information.
The Secretary of State may notify the affected driver of the request
for purchase of his driver's record as the Secretary deems appropriate.
No information shall be released to the requester until expiration of a 10-day
period. This 10-day period shall not apply to requests for information
made by law enforcement officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated businesses, persons
licensed as a private detective or firms licensed as a private detective agency
under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act
of 2004,
who are employed by or are acting on behalf of law enforcement officials,
government agencies, financial institutions, attorneys, insurers, employers,
automobile associated businesses, and other business entities for purposes
consistent with the Illinois Vehicle Code, the affected driver or other
entities as the Secretary may exempt by rule and regulation.
Any misrepresentation made by a requester of driver information shall
be punishable as a petty offense, except in the case of persons licensed as
a private detective or firms licensed as a private detective agency which shall
be subject to disciplinary sanctions under Section 40-10 of the Private
Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
4. The Secretary of State may furnish without fee, upon the written
request of a law enforcement agency, any information from a driver's
record on file with the Secretary of State when such information is required
in the enforcement of this Code or any other law relating to the operation
of motor vehicles, including records of dispositions; documented
information involving the use of a motor vehicle; whether such individual
has, or previously had, a driver's license; and the address and personal
description as reflected on said driver's record.
5. Except as otherwise provided in this Section, the Secretary of
State may furnish, without fee, information from an individual driver's
record on file, if a written request therefor is submitted
by any public transit system or authority, public defender, law enforcement
agency, a state or federal agency, or an Illinois local intergovernmental
association, if the request is for the purpose of a background check of
applicants for employment with the requesting agency, or for the purpose of
an official investigation conducted by the agency, or to determine a
current address for the driver so public funds can be recovered or paid to
the driver, or for any other purpose set forth in subsection (f-5)
of this Section.
The Secretary may also furnish the courts a copy of an abstract of a
driver's record, without fee, subsequent to an arrest for a violation of
Section 11-501 or a similar provision of a local ordinance. Such abstract
may include records of dispositions; documented information involving
the use of a motor vehicle as contained in the current file; whether such
individual has, or previously had, a driver's license; and the address and
personal description as reflected on said driver's record.
6. Any certified abstract issued by the Secretary of State or
transmitted electronically by the Secretary of State pursuant to this
Section,
to a court or on request of a law enforcement agency, for the record of a
named person as to the status of the person's driver's license shall be
prima facie evidence of the facts therein stated and if the name appearing
in such abstract is the same as that of a person named in an information or
warrant, such abstract shall be prima facie evidence that the person named
in such information or warrant is the same person as the person named in
such abstract and shall be admissible for any prosecution under this Code and
be admitted as proof of any prior conviction or proof of records, notices, or
orders recorded on individual driving records maintained by the Secretary of
State.
7. Subject to any restrictions contained in the Juvenile Court Act of
1987, and upon receipt of a proper request and a fee as set forth in Section 6-118, the
Secretary of
State shall provide a driver's record or data contained therein to the affected driver, or the affected
driver's attorney, upon verification. Such record shall contain all the
information referred to in paragraph 1 of this subsection (g) plus: any
recorded crash involvement as a driver; information recorded pursuant to
subsection (e) of Section 6-117 and paragraph (4) of subsection (a) of
Section 6-204 of this Code. All other information, unless otherwise permitted
by this Code, shall remain confidential.
(h) The Secretary shall not disclose social security numbers or any associated information obtained from the Social Security Administration except pursuant
to a written request by, or with the prior written consent of, the
individual except: (1) to officers and employees of the Secretary
who
have a need to know the social security numbers in performance of their
official duties, (2) to law enforcement officials for a civil or
criminal law enforcement investigation, and if an officer of the law enforcement
agency has made a written request to the Secretary specifying the law
enforcement investigation for which the social security numbers are being
sought, though the Secretary retains the right to require additional verification regarding the validity of the request, (3) to the United States Department of Transportation, or any other
State, pursuant to the administration and enforcement of the Commercial
Motor Vehicle Safety Act of 1986 or participation in State-to-State verification service, (4) pursuant to the order of a court
of competent jurisdiction, (5) to the Department of Healthcare and Family Services (formerly Department of Public Aid) for
utilization
in the child support enforcement duties assigned to that Department under
provisions of the Illinois Public Aid Code after the individual has received advanced
meaningful notification of what redisclosure is sought by the Secretary in
accordance with the federal Privacy Act, (5.5) to the Department of Healthcare and Family Services and the Department of Human Services solely for the purpose of verifying Illinois residency where such residency is an eligibility requirement for benefits under the Illinois Public Aid Code or any other health benefit program administered by the Department of Healthcare and Family Services or the Department of Human Services, (6) to the Illinois Department of Revenue solely for use by the Department in the collection of any tax or debt that the Department of Revenue is authorized or required by law to collect, provided that the Department shall not disclose the social security number to any person or entity outside of the Department, (7) to the Illinois Department of Veterans' Affairs for the purpose of confirming veteran status, or (8) the last 4 digits to the Illinois State Board of Elections for purposes of voter registration and as may be required pursuant to an agreement for a multi-state voter registration list maintenance system. If social security information is disclosed by the Secretary in accordance with this Section, no liability shall rest with the Office of the Secretary of State or any of its officers or employees, as the information is released for official purposes only.
(i) (Blank).
(j) Medical statements or medical reports received in the Secretary of
State's Office shall be confidential. Except as provided in this Section, no confidential information may be
open to public inspection or the contents disclosed to anyone, except
officers and employees of the Secretary who have a need to know the information
contained in the medical reports and the Driver License Medical Advisory
Board, unless so directed by an order of a court of competent jurisdiction. If the Secretary receives a medical report regarding a driver that does not address a medical condition contained in a previous medical report, the Secretary may disclose the unaddressed medical condition to the driver or his or her physician, or both, solely for the purpose of submission of a medical report that addresses the condition.
(k) Beginning July 1, 2023, disbursement of fees collected under this Section shall be as follows: (1) of the $20 fee for a driver's record, $11 shall be paid into the Secretary of State Special Services Fund, and $6 shall be paid into the General Revenue Fund; (2) 50% of the amounts collected under subsection (b) shall be paid into the General Revenue Fund; and (3) all remaining fees shall be disbursed under subsection (g) of Section 2-119 of this Code.
(l) (Blank).
(m) Notations of crash involvement that may be disclosed under this
Section shall not include notations relating to damage to a vehicle or other
property being transported by a tow truck. This information shall remain
confidential, provided that nothing in this subsection (m) shall limit
disclosure of any notification of crash involvement to any law enforcement
agency or official.
(n) Requests made by the news media for driver's license, vehicle, or
title registration information may be furnished without charge or at a reduced
charge, as determined by the Secretary, when the specific purpose for
requesting the documents is deemed to be in the public interest. Waiver or
reduction of the fee is in the public interest if the principal purpose of the
request is to access and disseminate information regarding the health, safety,
and welfare or the legal rights of the general public and is not for the
principal purpose of gaining a personal or commercial benefit.
The information provided pursuant to this subsection shall not contain
personally identifying information unless the information is to be used for one
of the
purposes identified in subsection (f-5) of this Section.
(o) The redisclosure of personally identifying information
obtained
pursuant
to this Section is prohibited, except to the extent necessary to effectuate the
purpose
for which the original disclosure of the information was permitted.
(p) The Secretary of State is empowered to adopt rules
to
effectuate this Section.
(Source: P.A. 102-982, eff. 7-1-23; 103-8, eff. 7-1-23.)
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(625 ILCS 5/2-124) (from Ch. 95 1/2, par. 2-124)
Sec. 2-124.
Audits, interest and penalties.
(a) Audits. The Secretary of State or employees and agents
designated by him, may audit the books, records, tax returns, reports,
and any and all other pertinent records or documents of any person
licensed or registered, or required to be licensed or registered, under
any provisions of this Act, for the purpose of determining whether such
person has not paid any fees or taxes required to be paid to the
Secretary of State and due to the State of Illinois.
For purposes of this Section, "person" means an individual, corporation,
or partnership, or an officer or an employee of any corporation, including
a dissolved corporation, or a member or an employee of any partnership, who
as an officer, employee, or member under a duty to perform the act in
respect to which the violation occurs.
(b) Joint Audits. The Secretary of State may enter into reciprocal
audit agreements with officers, agents or agencies of another State or
States, for joint audits of any person subject to audit under this Act.
(c) Special Audits. If the Secretary of State is not satisfied with
the books, records and documents made available for an audit, or if the
Secretary of State is unable to determine therefrom whether any fees or
taxes are due to the State of Illinois, or if there is cause to believe
that the person audited has declined or refused to supply the books,
records and documents necessary to determine whether a deficiency
exists, the Secretary of State may either seek a court order for
production of any and all books, records and documents he deems relevant
and material, or, in his discretion, the Secretary of State may instead
give written notice to such person requiring him to produce any and all
books, records and documents necessary to properly audit and determine
whether any fees or taxes are due to the State of Illinois. If such
person fails, refuses or declines to comply with either the court order
or written notice within the time specified, the Secretary of State
shall then order a special audit at the expense of the person affected.
Upon completion of the special audit, the Secretary of State shall
determine if any fees or taxes required to be paid under this Act have
not been paid, and make an assessment of any deficiency based upon the
books, records and documents available to him, and in an assessment, he
may rely upon records of other persons having an operation similar to
that of the person audited specially. A person audited specially and
subject to a court order and in default thereof, shall in addition, be
subject to any penalty or punishment imposed by the court entering the
order.
(d) Deficiency; Audit Costs. When a deficiency is found and any fees
or taxes required to be paid under this Act have not been paid to the
State of Illinois, the Secretary of State may impose an audit fee
of $100
per day, or $50 per half-day, per auditor, plus in the case of
out-of-state travel, transportation expenses incurred by the auditor or
auditors. Where more than one person is audited on the same out-of-state
trip, the additional transportation expenses may be apportioned. The
actual costs of a special audit shall be imposed upon the person
audited.
(e) Interest. When a deficiency is found and any fees or taxes
required to be paid under this Act have not been paid to the State of
Illinois, the amount of the deficiency, if greater than $100 for all
registration years examined, shall also bear interest at the
rate of 1/2 of 1% per month or fraction thereof, from the date when the
fee or tax due should have been paid under the provisions of this Act,
subject to a maximum of 6% per annum.
(f) Willful Negligence. When a deficiency is determined by the
Secretary to be caused by the willful neglect or negligence of the
person audited, an additional 10% penalty, that is 10% of the amount of
the deficiency or assessment, shall be imposed, and the 10% penalty
shall bear interest at the rate of 1/2 of 1% on and after the 30th day
after the penalty is imposed until paid in full.
(g) Fraud or Evasion. When a deficiency is determined by the
Secretary to be caused by fraud or willful evasion of the provisions of
this Act, an additional penalty, that is 20% of the amount of the
deficiency or assessment, shall be imposed, and the 20% penalty shall
bear interest at the rate of 1/2 of 1% on and after the 30th day after
the penalty is imposed until paid in full.
(h) Notice. The Secretary of State shall give written notice to any
person audited, of the amount of any deficiency found or assessment
made, of the costs of an audit or special audit, and of the penalty
imposed, and payment shall be made within 30 days of the date of the
notice unless such person petitions for a hearing.
However, except in the case of fraud or willful evasion, or the
inaccessibility of books and records for audit or with the express
consent of the person audited, no notice of a deficiency or assessment
shall be issued by the Secretary for more than 3 registration years.
This limitation shall commence on any January 1 as to calendar year
registrations and on any July 1 as to fiscal year registrations. This
limitation shall not apply for any period during which the person
affected has declined or refuses to make his books and records available
for audit, nor during any period of time in which an Order of any Court
has the effect of enjoining or restraining the Secretary from making an
audit or issuing a notice.
Notwithstanding, each person licensed under the International Registration
Plan and audited by this State or any member jurisdiction shall follow the
assessment and refund procedures as adopted and amended by the International
Registration Plan members. The Secretary of State shall have the final
decision as to which registrants may be subject to the netting of audit fees as
outlined in the International Registration Plan. Persons audited may be
subject to a review process to determine the final outcome of the audit
finding. This process shall follow the adopted procedure as outlined in the
International Registration Plan. All decisions by the IRP designated tribunal
shall be binding.
(i) Every person subject to licensing or registration and audit
under the provisions of this Chapter shall retain all pertinent
licensing and registration documents, books, records, tax returns,
reports and all supporting records and documents for a period of 4
years.
(j) Hearings. Any person receiving written notice of a deficiency or
assessment may, within 30 days after the date of the notice, petition
for a hearing before the Secretary of State or his duly appointed
hearing officer to contest the audit in whole or in part, and the
petitioner shall simultaneously file a certified check or money order,
or certificate of deposit, or a surety bond approved by the Secretary in
the amount of the deficiency or assessment. Hearings shall be held
pursuant to the provisions of Section 2-118 of this Act.
(k) Judgments. The Secretary of State may enforce any notice of
deficiency or assessment pursuant to the provisions of Section 3-831 of
this Act.
(Source: P.A. 92-69, eff. 7-12-01; 93-32, eff. 7-1-03.)
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(625 ILCS 5/2-125) (from Ch. 95 1/2, par. 2-125)
Sec. 2-125.
The Secretary of State may in his discretion set maximum fees
charged by any person, firm, corporation or private institution within the State
of Illinois concerning the acceptance of applications for registration, certificate
of title, or drivers license and for the distribution of motor vehicle license
plates and other related functions of the Office. The Secretary of State may
adopt and promulgate such rules and regulations as he shall deem necessary to effectuate
and administer the provisions of this Section.
(Source: P.A. 80-469.)
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(625 ILCS 5/2-126) (from Ch. 95 1/2, par. 2-126)
Sec. 2-126.
Employees and agents of the Secretary of State,
designated by him, who are employed at Drivers License Exam Stations
throughout the State are authorized to deposit, on a temporary basis,
fees and moneys collected at such stations in banks or savings and loan
associations designated by the
Secretary of State. Provided, however, that when such funds collected
amount to $500 or more, or on the next succeeding 1st or 15th
(disregarding Sundays and holidays) day of each month, whichever is
earlier, such fees and moneys shall be forwarded to the Secretary of
State by such designated banks or savings and loan associations for
deposit with the State Treasurer.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter
amended.
(Source: P.A. 83-541.)
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(625 ILCS 5/2-127) (from Ch. 95 1/2, par. 2-127)
Sec. 2-127.
The Secretary of State shall compile and maintain a listing of
those services and agencies, both public and private, that provide
transportation to senior citizens and shall make this information available
to the public through the Drivers License Exam Stations.
(Source: P.A. 86-424.)
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(625 ILCS 5/2-127.5) Sec. 2-127.5. Literacy and English as a second language classes. At Secretary of State Driver Service facilities, the Secretary shall provide a pamphlet or post information informing customers of the availability of literacy and English as a second language classes. The Secretary may satisfy this requirement by providing the Internet address of a not-for-profit entity offering this information.
(Source: P.A. 101-53, eff. 1-1-20 .) |
(625 ILCS 5/2-128) Sec. 2-128. (Repealed).
(Source: P.A. 94-470, eff. 8-4-05. Repealed internally, eff. 1-1-07.) |
(625 ILCS 5/2-129) Sec. 2-129. Expiration dates. All expiration periods set forth in this Code shall be subject to the provisions of Section 30 of the Secretary of State Act.
(Source: P.A. 101-640, eff. 6-12-20.) |
(625 ILCS 5/2-130) Sec. 2-130. User of automated license plate readers; prohibitions. (a) As used in this Section: "Automated license plate reader" or "ALPR" means an electronic device that is mounted on a law enforcement vehicle or positioned in a stationary location and that is capable of recording data on or taking a photograph of a vehicle or its license plate and comparing the collected data and photographs to existing law enforcement databases for investigative purposes. "ALPR" includes a device that is owned or operated by a person or an entity other than a law enforcement agency to the extent that data collected by the reader is shared with a law enforcement agency. "ALPR information" means information gathered by an ALPR or created from the analysis of data generated by an ALPR. "ALPR systems" means multi-agency or vendor agreements that allow the sharing of ALPR information collected in Illinois. "ALPR user" means a person or entity that owns or operates an ALPR device. "Law enforcement agency" means a State or local agency, unit of local government, or private entity charged with the enforcement of State, county, or municipal laws or with managing custody of detained persons in any state or jurisdiction. (b) An ALPR user shall not sell, share, allow access to, or transfer ALPR information to any state or local jurisdiction for the purpose of investigating or enforcing a law that: (1) denies or interferes with a person's right to | ||
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(2) permits the detention or investigation of a | ||
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(c) Any ALPR user in this State, including any law enforcement agency of this State that uses ALPR systems, shall not share ALPR information with an out-of-state law enforcement agency without first obtaining a written declaration from the out-of-state law enforcement agency that it expressly affirms that ALPR information obtained shall not be used in a manner that violates subsection (b). If a written declaration of affirmation is not executed, the law enforcement agency shall not share the ALPR information with the out-of-state law enforcement agency. (d) ALPR information shall be held confidentially to the fullest extent permitted by law. (e) Nothing in this Act shall define or limit any rights under the Reproductive Health Act. (Source: P.A. 103-540, eff. 1-1-24 .) |
(625 ILCS 5/Ch. 3 heading) CHAPTER 3.
CERTIFICATES OF TITLE AND
REGISTRATION OF VEHICLES
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(625 ILCS 5/Ch. 3 Art. I heading) ARTICLE I.
CERTIFICATES OF TITLE
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(625 ILCS 5/3-100) (from Ch. 95 1/2, par. 3-100)
Sec. 3-100. Definitions. For the purposes of this Chapter, the following words shall
have the meanings ascribed to them:
"Electronic" includes electrical, digital, magnetic, optical,
electromagnetic, or any other form of technology that entails capabilities
similar to these technologies.
"Electronic record" means a record generated, communicated, received, or
stored by electronic means for use in an information system or for
transmission from one information system to another.
"Electronic signature" means a signature in electronic form attached to or
logically associated with an electronic record.
"Owner" means a person who holds legal document of ownership of a vehicle,
limited to a certificate of origin, certificate of title, salvage certificate,
or junking certificate. However, in the event a vehicle is the subject of an
agreement for the conditional sale or lease thereof with the
right of purchase upon performance of the conditions stated in the
agreement and with an immediate right of possession vested in the
conditional vendee or lessee, or in the event a mortgagor of such vehicle
is entitled to possession, then such conditional vendee or lessee or
mortgagor shall be deemed the owner for the purpose of this Chapter,
except as provided under paragraph (c) of Section 3-118.
"Record" means information that is inscribed, stored, or otherwise fixed
on a tangible medium or that is stored in an electronic or other medium
and is retrievable in perceivable form.
"Signature" or "signed" includes any symbol executed or adopted, or any
security procedure employed or adopted, using electronic means or
otherwise, by or on behalf of a person with intent to authenticate a
record.
"Vehicle" means a vehicle as defined in Section 1-217 of this Code. Unless otherwise specified, "vehicle" also means a "manufactured home" as defined in Section 1-144.03 of this Code. (Source: P.A. 98-749, eff. 7-16-14.)
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(625 ILCS 5/3-100.1)
Sec. 3-100.1. Use of electronic records.
(a) To the extent authorized by the Secretary of State and in accordance
with standards and procedures prescribed by the Secretary of State:
(1) Certificates, certifications, affidavits, | ||
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(2) Signatures required under this Chapter may be | ||
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(3) Delivery of records required under this Chapter | ||
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(4) Fees and taxes required to be paid under this | ||
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(a-5) No later than July 1, 2022, the Secretary of State shall implement, manage, and administer an electronic lien and title system that will permit a lienholder to perfect, assign, and release a lien under this Code. The system may include the points in subsection (a) as to the identified objectives of the program. The Secretary shall establish by administrative rule the standards and procedures relating to the management and implementation of the mandatory electronic lien and title system established under this subsection. The Secretary may charge a reasonable fee for performing the services and functions relating to the management and administration of the system. The fee shall be set by administrative rule adopted by the Secretary. (b) Electronic records accepted by the Secretary of State have the
same force and effect as records created on paper by writing, typing,
printing, or similar means. The procedures established by the
Secretary of State concerning the acceptance of electronic filings
and electronic records shall ensure that the electronic filings and
electronic records are received and stored accurately and that they
are readily available to satisfy any statutory requirements that call
for a written record.
(c) Electronic signatures accepted by the Secretary of State shall have the
same force and effect as manual signatures.
(d) Electronic delivery of records accepted by the Secretary of State shall
have the same force and effect as physical delivery of records.
(e) Electronic records and electronic signatures accepted by the Secretary
of State shall be admissible in all administrative, quasi-judicial,
and judicial proceedings. In any such proceeding, nothing in the
application of the rules of evidence shall apply so as to deny the
admissibility of an electronic record or electronic signature into
evidence on the sole ground that it is an electronic record or
electronic signature, or on the grounds that it is not in its
original form or is not an original. Information in the form of an
electronic record shall be given due evidentiary weight by the trier
of fact.
(f) The Secretary may contract with a private contractor to carry out the Secretary's duties under this Section. (Source: P.A. 101-490, eff. 1-1-20; 102-154, eff. 1-1-22; 102-431, eff. 8-20-21.)
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(625 ILCS 5/3-100.2)
Sec. 3-100.2. Electronic access; agreements with
submitters. (a) No later than July 1, 2022, the Secretary of State shall require a licensee under Chapter 3 or 5 of this Code to submit
any record required to be submitted to the Secretary of State by
using electronic media deemed feasible by the Secretary of State. The Secretary of State may also require the licensee to submit the original paper
record. The Secretary of State shall also require a
person or licensee to receive any record to be provided by the Secretary of State
by using electronic media deemed feasible by the Secretary of State,
instead of providing the original paper record.
(b) No later than July 1, 2022, electronic submittal, receipt, and delivery of records and electronic
signatures shall be supported by a signed agreement between the Secretary of State
and the submitter. The agreement shall require, at a minimum, each
record to include all information necessary to complete a
transaction, certification by the submitter upon its best knowledge as to the
truthfulness of
the data to be
submitted to the Secretary of State, and retention by the submitter of
supporting records.
(c) No later than July 1, 2022, the Secretary of State shall establish minimum
transaction volume levels, audit and security
standards, technological requirements, and other terms
and conditions he or she deems necessary for approval of the
electronic delivery process.
(d) When an agreement is made to accept electronic
records, the Secretary of State shall not be required
to produce a written record for
the submitter with whom the Secretary of State has
the agreement until requested to do so by the submitter.
(e) No later than July 1, 2022, the Secretary of State shall
provide electronic notification to the
lienholder submitter to verify the notation and perfection of the lienholder's
security interest in a vehicle on the certificate of title required to be created as an
electronic record under Section 3-100.1. Upon receipt of an electronic message from a lienholder
submitter with a security interest in a vehicle for which the certificate of
title is an electronic record that the lien should be released, the Secretary
of State shall enter the appropriate electronic record of the release of lien
and print and mail a paper certificate of title to the owner or lienholder at
no expense. The Secretary of State may also mail the certificate to any other
person that delivers to the Secretary of State an authorization from the owner
to receive the certificate. If another lienholder holds a properly perfected
security interest in the vehicle as reflected in the records of the Secretary
of State, the certificate shall be delivered to that lienholder instead of the
owner.
(f) The Secretary may contract with a private contractor to carry out the Secretary's duties under this Section. (Source: P.A. 101-490, eff. 1-1-20; 102-154, eff. 1-1-22; 102-431, eff. 8-20-21.)
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(625 ILCS 5/3-100.3)
Sec. 3-100.3.
Rules.
The Secretary of State may adopt rules to implement
this Article.
(Source: P.A. 91-772, eff. 1-1-01.)
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(625 ILCS 5/3-101) (from Ch. 95 1/2, par. 3-101)
Sec. 3-101. Certificate of title required.
(a) Except as provided in Section 3-102, every owner of a vehicle which
is in this State and for which no certificate of title has been issued by
the Secretary of State shall make application to the Secretary of State
for a certificate of title of the vehicle.
(b) Every owner of a motorcycle or motor driven cycle purchased new
on and after January 1, 1980 shall make application to the Secretary of
State for a certificate of title. However, if such cycle is not properly
manufactured or equipped for general highway use pursuant to the provisions
of this Act, it shall not be eligible for license registration, but shall
be issued a distinctive certificate of title except as provided in Sections
3-102 and 3-110 of this Act.
(c) The Secretary of State shall not register or renew the registration
of a vehicle unless a certificate of title has been issued by the Secretary
of State to the owner or an application therefor has been delivered by the
owner to the Secretary of State.
(d) Every owner of an all-terrain vehicle or off-highway motorcycle
purchased on or after January 1, 1998 shall make application to the
Secretary of State for a certificate of title.
(e) Every owner of a low-speed vehicle manufactured after January 1, 2010 shall make application to the Secretary of State for a certificate of title. (Source: P.A. 96-653, eff. 1-1-10; 97-983, eff. 8-17-12.)
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(625 ILCS 5/3-102) (from Ch. 95 1/2, par. 3-102)
Sec. 3-102. Exclusions. No certificate of title need be obtained for:
1. a vehicle owned by the State of Illinois; or a | ||
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2. a vehicle owned by a manufacturer or dealer and | ||
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3. a vehicle owned by a non-resident of this State | ||
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4. a motor vehicle regularly engaged in the | ||
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5. a vehicle moved solely by animal power;
6. an implement of husbandry;
7. special mobile equipment;
8. an apportionable trailer or an apportionable | ||
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9. a manufactured home for which an affidavit of | ||
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(Source: P.A. 98-749, eff. 7-16-14; 99-78, eff. 7-20-15.)
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(625 ILCS 5/3-103) (from Ch. 95 1/2, par. 3-103)
Sec. 3-103. Optional certificate of title.
(a) The owner of an implement of husbandry or special mobile equipment may
apply for and obtain a certificate of title on it. All of the provisions of
this chapter, except part (e) of Section 3-104, are applicable to a
certificate of title so issued, except that a person who receives a
transfer of an interest in the vehicle without knowledge of the certificate
of title is not prejudiced by reason of the existence of the certificate,
and the perfection of a security interest under this Act is not effective
until the lienholder has complied with the provisions of applicable law
which otherwise relate to the perfection of security interests in personal
property.
An application for an optional certificate of title must be accompanied
by either an exemption determination from the Department of Revenue showing
that no tax imposed under the "Use Tax Act" or the "Retailers' Occupation
Tax Act" is owed by anyone with respect to that vehicle or by a receipt
from the Department of Revenue showing that any tax so imposed has been
paid. No optional certificate of title shall be issued in the absence of
such a receipt or exemption determination.
If the proof of payment or of nonliability is, after the issuance of the
optional certificate of title, found to be invalid, the Secretary of State
shall revoke the optional certificate of title and require that it be
returned to him.
(b) The owner of a manufactured home which is affixed to a permanent foundation and for which a certificate of title has not previously been issued and surrendered for cancellation may apply for a certificate of title, including, if applicable, a certificate of title issued in accordance with subsection (b) of Section 3-109, which shall be issued for the sole purpose of (i) surrendering such certificate of title for cancellation in accordance with Section 3-116.2 or (ii) satisfying the requirements of subdivision (e)(4) of Section 9-334 of the Uniform Commercial Code. The Secretary of State shall issue a certificate of title, in accordance with this Chapter, upon satisfaction of the application requirements of this Code. (Source: P.A. 98-749, eff. 7-16-14.)
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(625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
Sec. 3-104. Application for certificate of title.
(a) The application for a certificate of title for a vehicle in this
State must be made by the owner to the Secretary of State on the form
prescribed and must contain:
1. The name, Illinois residence or Illinois place of | ||
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2. A description of the vehicle including, so far as | ||
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3. The date of purchase by applicant and, if | ||
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4. The current odometer reading at the time of | ||
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5. Any further information the Secretary of State | ||
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(a-5) The Secretary of State shall designate on the prescribed application form a space where the owner of a vehicle may designate a beneficiary, to whom ownership of the vehicle shall pass in the event of the owner's death.
(b) If the application refers to a vehicle purchased from a dealer,
it must also be signed by the dealer as well as the owner, and the dealer must
promptly mail or deliver the application and required documents to the
Secretary of State.
(c) If the application refers to a vehicle last previously
registered in another State or country, the application must contain or
be accompanied by:
1. Any certified document of ownership so recognized | ||
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2. Any other information and documents the Secretary | ||
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(d) If the application refers to a new vehicle it must be
accompanied by the Manufacturer's Statement of Origin, or other documents
as required and acceptable by the Secretary of State, with such
assignments as may be necessary to show title in the applicant.
(e) If an application refers to a vehicle rebuilt from a vehicle
previously salvaged, that application shall comply with the provisions
set forth in Sections 3-302 through 3-304 of this Code.
(f) An application for a certificate of title for any vehicle,
whether purchased in Illinois or outside Illinois, and even if
previously registered in another State, must be accompanied by either an
exemption determination from the Department of Revenue showing that no
tax imposed pursuant to the Use Tax Act or the vehicle use tax imposed by
Section 3-1001 of the Illinois Vehicle Code is owed by anyone with respect to
that vehicle, or a receipt from the Department of Revenue showing that any tax
so imposed has been paid. An application for a certificate of title for any
vehicle purchased outside Illinois, even if previously registered in another
state, must be accompanied by either an exemption determination from the
Department of Revenue showing that no tax imposed pursuant to the Municipal Use
Tax Act or the County Use Tax Act is owed by anyone with respect to that
vehicle, or a receipt from the Department of Revenue showing that any tax so
imposed has been paid. In the absence of such a receipt for payment or
determination of exemption from the Department, no certificate of title shall
be issued to the applicant.
If the proof of payment of the tax or of nonliability therefor is,
after the issuance of the certificate of title and display certificate
of title, found to be invalid, the Secretary of State shall revoke the
certificate and require that the certificate of title and, when
applicable, the display certificate of title be returned to him.
(g) If the application refers to a vehicle not manufactured in
accordance with federal safety and emission standards, the application must
be accompanied by all documents required by federal governmental
agencies to meet their standards before a vehicle is allowed to be issued
title and registration.
(h) If the application refers to a vehicle sold at public sale by a
sheriff, it must be accompanied by the required fee and a bill of sale
issued and signed by a sheriff. The bill of sale must identify the new
owner's name and address, the year model, make and vehicle identification
number of the vehicle, court order document number authorizing such sale,
if applicable, and the name and address of any lienholders in order of
priority, if applicable.
(i) If the application refers to a vehicle for which a court of law
determined the ownership, it must be accompanied with a certified copy of
such court order and the required fee. The court order must indicate the
new owner's name and address, the complete description of the vehicle, if
known, the name and address of the lienholder, if any, and must be signed
and dated by the judge issuing such order.
(j) If the application refers to a vehicle sold at public auction pursuant
to the Labor and Storage Lien (Small Amount) Act, it must be
accompanied by an affidavit or affirmation furnished by the Secretary of
State along with the
documents described in the affidavit or affirmation and the required fee.
(k) The Secretary may provide an expedited process for the issuance of vehicle titles. Expedited title applications must be delivered to the Secretary of State's Vehicle Services Department in Springfield by express mail service or hand delivery. Applications must be complete, including necessary forms, fees, and taxes. Applications received before noon on a business day will be processed and shipped that same day. Applications received after noon on a business day will be processed and shipped the next business day. The Secretary shall charge an additional fee of $30 for this service, and that fee shall cover the cost of return shipping via an express mail service. All fees collected by the Secretary of State for expedited services shall be deposited into the Motor Vehicle License Plate Fund. In the event the Vehicle Services Department determines that the volume of expedited title requests received on a given day exceeds the ability of the Vehicle Services Department to process those requests in an expedited manner, the Vehicle Services Department may decline to provide expedited services, and the additional fee for the expedited service shall be refunded to the applicant. (l) If the application refers to a homemade trailer, (i) it must be accompanied by the appropriate documentation regarding the source of materials used in the construction of the trailer, as required by the Secretary of State, (ii) the trailer must be inspected by a Secretary of State employee prior to the issuance of the title, and (iii) upon approval of the Secretary of State, the trailer must have a vehicle identification number, as provided by the Secretary of State, stamped or riveted to the frame. (m) The holder of a Manufacturer's Statement of Origin to a manufactured home may deliver it to any person to facilitate conveying or encumbering the manufactured home. Any person receiving any such Manufacturer's Statement of Origin so delivered holds it in trust for the person delivering it. (n) Within 45 days after the completion of the first retail sale of a manufactured home, the Manufacturer's Statement of Origin to that manufactured home must be surrendered to the Secretary of State either in conjunction with an application for a certificate of title for that manufactured home or in accordance with Section 3-116.1. (o) Each application for certificate of title for a motor vehicle shall be verified by the National Motor Vehicle Title Information System (NMVTIS) for a vehicle history report prior to the Secretary issuing a certificate of title. (p) The Secretary, at the Secretary's discretion, may use any commercially available title history service to assist in determining the proper title designation of a motor vehicle before the issuance of a certificate of title. (Source: P.A. 102-154, eff. 1-1-22; 103-202, eff. 1-1-24 .)
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(625 ILCS 5/3-104.1) (from Ch. 95 1/2, par. 3-104.1)
Sec. 3-104.1.
(Repealed).
(Source: P.A. 83-449. Repealed by P.A. 90-665, eff. 1-1-99.)
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(625 ILCS 5/3-104.5) Sec. 3-104.5. Application NMVTIS warnings or errors. (a) Each application for a certificate of title or a salvage certificate for a motor vehicle that is verified by the National Motor Vehicle Title Information System (NMVTIS) that is returned with a warning or error shall be reviewed by the Secretary of State, or his or her designees, as to whether the warning or error warrants a change to the type of title or brand that is issued to a motor vehicle. If the Secretary needs supplemental information to verify or corroborate the information received from a NMVTIS report, then the Secretary may use any available commercial title history services or other Secretary of State resources to assist in determining the vehicle's proper designation. (b) Any motor vehicle application for a certificate of title or a salvage certificate that another state has previously issued a title or brand indicating that the status of the motor vehicle is equivalent to a junk vehicle, as defined in Section 1-134.1 of this Code, shall receive a title with a "prior out of state junk" brand if that history item was issued 120 months or more before the date of the submission of the current application for title. (c) Any motor vehicle application for a certificate of title or a salvage certificate that is returned with a NMVTIS warning or error indicating that another state has previously issued a title or brand indicating the status of the motor vehicle is equivalent to a junk vehicle, as defined in Section 1-134.1 of this Code, shall be issued a junk certificate that reflects the motor vehicle's structural history, if the previously issued title or brand from another state was issued less than 120 months before the date of the submission of the current application for title. (d) Any motor vehicle application for a certificate of title or a salvage certificate that is returned with a NMVTIS warning or error indicating a brand or label from another jurisdiction, that does not have a similar or comparable brand or label in this State, shall include a notation or brand on the certificate of title stating "previously branded". (e) Any motor vehicle that is subject to the federal Truth in Mileage Act, and is returned with a NMVTIS warning or error indicating the stated mileage of the vehicle on the application for certificate of title is 1,500 or fewer miles less than a previously recorded mileage for the vehicle, shall be deemed as having an acceptable margin of error and the higher of the 2 figures shall be indicated on the new certificate of title, if the previous mileage was recorded within 90 days of the date of the current application for title and if there are no indications of fraud or malfeasance, or of altering or tampering with the odometer. (f) Any applicant for a certificate of title or a salvage certificate who receives an alternative salvage or junk certificate, or who receives a certificate of title with a brand or label indicating the vehicle was previously rebuilt prior out of state junk, previously branded, or flood, may contest the Secretary's designations by requesting an administrative hearing under Section 2-116 of this Code. (g) The Secretary may adopt any rules necessary to implement this Section.
(h) The Secretary, in the Secretary's discretion, may use any commercially available title history service to assist in determining the proper title designation of a motor vehicle before the issuance of a certificate of title. (Source: P.A. 102-154, eff. 1-1-22 .) |
(625 ILCS 5/3-105) (from Ch. 95 1/2, par. 3-105)
Sec. 3-105.
Examination of records.
The Secretary of State, upon receiving application for a first
certificate of title, shall check the identifying number of the vehicle
shown in the application against the records of vehicles required to be
maintained by Section 3-107 and against the record of stolen and converted
vehicles required to be maintained by Section 4-107.
(Source: P.A. 76-1586.)
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(625 ILCS 5/3-106) (from Ch. 95 1/2, par. 3-106)
Sec. 3-106. Certificate of title - Issuance - Records. (a) The Secretary of State shall file each application received and,
when satisfied as to its genuineness and regularity, and that no tax
imposed by the "Use Tax Act" or the vehicle use tax, as imposed by Section
3-1001 of "The Illinois Vehicle Code", or pursuant to the "Municipal Use
Tax Act" or pursuant to the "County Use Tax Act" is owed as evidenced by
the receipt for payment or determination of exemption from the Department
of Revenue provided for in Section 3-104 of this Act, and that the
applicant is entitled to the issuance of a certificate of title, shall
issue a certificate of title of the vehicle.
(b) The Secretary of State shall maintain a record of all
certificates of title issued by him under a distinctive title number
assigned to the vehicle; and, in the discretion of the Secretary of
State, in any other method determined.
(c) The Secretary of State shall not issue a certificate of title, including a certificate of title issued in accordance with subsection (b) of Section 3-109, to a manufactured home for which there has been recorded an affidavit of affixation pursuant to the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act unless with respect to the same manufactured home there has been recorded an affidavit of severance pursuant to the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act. (d) The Secretary of State shall file, upon receipt, each affidavit of affixation and each affidavit of severance relating to a manufactured home that is delivered in accordance with the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, when satisfied as to its genuineness and regularity. (e) The Secretary of State shall maintain a record of each affidavit of affixation and each affidavit of severance filed in accordance with subsection (d) of this Section. The record shall state the name of the owner of the related manufactured home, the name of manufacturer, model year, manufacturer's serial number, and any other data the Secretary of State prescribes. (f) The Secretary of State shall file, upon receipt, each application for surrender of the Manufacturer's Statement of Origin relating to a manufactured home that is delivered in accordance with Section 3-116.1, when satisfied as to its genuineness and regularity. (g) The Secretary of State shall file, upon receipt, each application for surrender of the certificate of title relating to a manufactured home that is delivered in accordance with Section 3-116.2, when satisfied as to its genuineness and regularity. (h) The Secretary of State shall maintain a record, including a record in the form of a searchable electronic database accessible to the public, of each Manufacturer's Statement of Origin accepted for surrender as provided in Section 3-116.1. The record shall state the date the Manufacturer's Statement of Origin was accepted for surrender, the name of manufacturer, make, model name, model year, manufacturer's serial number, and any other data the Secretary of State prescribes. (i) The Secretary of State shall maintain a record, including a record in the form of a searchable electronic database accessible to the public, of each manufactured home certificate of title accepted for surrender as provided in Section 3-116.2. The record shall state the date the certificate of title was accepted for surrender, the name of manufacturer, model year, manufacturer's serial number, and any other data the Secretary of State prescribes. (Source: P.A. 98-749, eff. 7-16-14.)
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(625 ILCS 5/3-107) (from Ch. 95 1/2, par. 3-107)
Sec. 3-107. Contents and effect.
(a) Each certificate of title issued by the Secretary of State shall
contain:
1. the date issued;
2. the name and address of the owner;
3. the names, addresses, and fax numbers or | ||
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4. the title number assigned to the vehicle;
5. a description of the vehicle including, so far as | ||
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6. an odometer certification as provided for in this | ||
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7. any other data the Secretary of State prescribes.
(a-5) In the event the applicant seeks to have the vehicle titled as a custom vehicle or street rod, that fact must be stated in the application. The custom vehicle or street rod must be inspected as required by Section 3-406 of this Code prior to issuance of the title. Upon successful completion of the inspection, the vehicle may be titled in the following manner. The make of the vehicle shall be listed as the make of the actual vehicle or the make it is designed to resemble (e.g., Ford or Chevrolet); the model of the vehicle shall be listed as custom vehicle or street rod; and the year of the vehicle shall be listed as the year the actual vehicle was manufactured or the year it is designed to resemble. A vehicle previously titled as other than a custom vehicle or street rod may be issued a corrected title reflecting the custom vehicle or street rod model if it otherwise meets the requirements for the designation. (a-10) In the event the applicant seeks to have the vehicle titled as a glider kit, that fact must be stated in the application. The glider kit must be inspected under Section 3-406 of this Code prior to issuance of the title. Upon successful completion of the inspection, the vehicle shall be titled in the following manner: (1) the make of the vehicle shall be listed as the make of the chassis or the make it is designed to resemble; (2) the model of the vehicle shall be listed as glider kit; and (3) the year of the vehicle shall be listed as the year presented on the manufacturer's certificate of origin for the chassis, unless no year is presented, then it shall be listed as the year the application was received. The vehicle identification number of the chassis shall be assigned to the engine, transmission, and rear axle if the engine, transmission, and rear axle were not previously assigned a vehicle identification number after an inspection under Section 3-406. (b) The certificate of title shall contain forms for assignment and
warranty of title by the owner, and for assignment and warranty of title
by a dealer, and may contain forms for applications for a certificate of
title by a transferee, the naming of a lienholder and the assignment or
release of the security interest of a lienholder. (b-5) The Secretary of State shall designate on a certificate of title a space where the owner of a vehicle may designate a beneficiary, to whom ownership of the vehicle shall pass in the event of the owner's death.
(c) A certificate of title issued by the Secretary of State is prima
facie evidence of the facts appearing on it.
(d) A certificate of title for a vehicle is not subject to
garnishment, attachment, execution or other judicial process, but this
subsection does not prevent a lawful levy upon the vehicle.
(e) Any certificate of title issued by the Secretary of State is
subject to a lien in favor of the State of Illinois for any fees or
taxes required to be paid under this Act and as have not been paid, as
provided for in this Code.
(f) Notwithstanding any other provision of law, a certificate of title issued by the Secretary of State to a manufactured home is prima facie evidence of the facts appearing on it, notwithstanding the fact that such manufactured home, at any time, shall have become affixed in any manner to real property. (Source: P.A. 99-748, eff. 8-5-16; 100-450, eff. 1-1-18 .)
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(625 ILCS 5/3-107.1) (from Ch. 95 1/2, par. 3-107.1)
Sec. 3-107.1.
Presumption of tenancy.
When a certificate of
title is made out to 2 or more persons, it shall be presumed
that the title is held as joint tenants with right of survivorship.
(Source: P.A. 79-482; 79-512; 79-1454.)
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(625 ILCS 5/3-108) (from Ch. 95 1/2, par. 3-108)
Sec. 3-108.
Delivery.
The certificate of title shall be mailed or delivered to the first
lienholder named
in it or, if none, to the owner.
(Source: P.A. 91-78, eff. 7-9-99.)
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(625 ILCS 5/3-109) (from Ch. 95 1/2, par. 3-109)
Sec. 3-109. Registration without certificate of title; bond. If the Secretary of State is not satisfied as to the ownership of the
vehicle, including, but not limited to, in the case of a manufactured home, a circumstance in which the manufactured home is covered by a Manufacturer's Statement of Origin that the owner of the manufactured home, after diligent search and inquiry, is unable to produce, or that there are no undisclosed security interests in it, the
Secretary of State may register the vehicle but shall:
(a) Withhold issuance of a certificate of title until | ||
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(b) As a condition of issuing a certificate of title, | ||
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(b-5) Require the applicant to file with the | ||
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Security deposited as a bond hereunder shall be | ||
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During July, annually, the Secretary shall compile a list of all bonds
on deposit, pursuant to this Section, for more than 3 years and concerning
which he has received no notice as to the pendency of any judicial proceeding
that could affect the disposition thereof. Thereupon, he shall promptly
send a notice by certified mail to the last known address of each depositor
advising him that his bond will be subject to escheat to the State of Illinois
if not claimed within 30 days after the mailing date of such notice. At
the expiration of such time, the Secretary of State shall file with the
State Treasurer an order directing the transfer of such deposit to the Road
Fund in the State Treasury. Upon receipt of such order, the State Treasurer
shall make such transfer, after converting to cash any other type of security.
Thereafter any person having a legal claim against such deposit may enforce
it by appropriate proceedings in the Court of Claims subject to the limitations
prescribed for such Court. At the expiration of such limitation period
such deposit shall escheat to the State of Illinois.
(Source: P.A. 98-749, eff. 7-16-14; 98-777, eff. 1-1-15; 99-78, eff. 7-20-15.)
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(625 ILCS 5/3-110) (from Ch. 95 1/2, par. 3-110)
Sec. 3-110. Refusing certificate of title. The Secretary of State shall refuse issuance of a certificate of title
if any required fee is not paid or if he has reasonable grounds to believe
that:
(a) the applicant is not the owner of the vehicle;
(b) the application contains a false or fraudulent | ||
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(c) the applicant fails to furnish required | ||
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(d) the applicant has not paid to the Secretary of | ||
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Except as provided in Section 3-116.2, the Secretary of State shall not refuse to issue a certificate of title to a manufactured home by reason of the fact that, at any time, in any manner, it shall have been affixed to real property. (Source: P.A. 97-333, eff. 8-12-11; 98-749, eff. 7-16-14.)
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(625 ILCS 5/3-111) (from Ch. 95 1/2, par. 3-111)
Sec. 3-111.
Lost, stolen or mutilated certificates.
(a) If a certificate of title is lost, stolen, mutilated or destroyed or
becomes illegible, the first lienholder or, if none, the owner or legal
representative of the owner named in the certificate, as shown by the
records of the Secretary of State, shall promptly make application for and
may obtain a duplicate upon furnishing information satisfactory to the
Secretary of State. The duplicate certificate of title shall contain the
legend "This is a duplicate certificate and may be subject to the rights of
a person under the original certificate." It shall be mailed to the first
lienholder named in it or, if none, to the owner or the owner's designee.
(b) The Secretary of State shall not issue a duplicate certificate of
title to any person within 15 days after the issuance of an original
certificate of title to such person.
(c) A person recovering an original certificate of title for which a
duplicate has been issued shall promptly surrender the original certificate
to the Secretary of State.
(d) An application for a duplicate certificate of title must state the
current vehicle odometer reading at the time of application and that the
stated odometer reading is one of the following: actual mileage, not
the actual mileage or mileage is in excess of its mechanical limits.
(e) If a Display certificate of title is lost, stolen, mutilated or
destroyed or becomes illegible, the owner or legal representative of the
owner named in the original Display certificate of title and in the
certificate of title, as shown by the records of the Secretary of State,
shall promptly make application for and may obtain a duplicate upon
furnishing information satisfactory to the Secretary of State. The
duplicate Display certificate of title shall contain the legend "Duplicate
Display Certificate of Title." It shall be mailed to the owner or legal
representative of the owner named in the original Display certificate of
title and in the certificate of title. Such duplicate Display certificate
of title shall be attached and displayed in the same manner and in the same
place as the original Display certificate of title would have been attached
and displayed had it not been lost, stolen, mutilated or destroyed or had
it not become illegible.
(Source: P.A. 86-444.)
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