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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
VEHICLES (625 ILCS 5/) Illinois Vehicle Code. 625 ILCS 5/3-824
(625 ILCS 5/3-824) (from Ch. 95 1/2, par. 3-824)
Sec. 3-824. When fees returnable.
(a) Whenever any application
to the Secretary of State is accompanied by any fee as required by
law and such application is refused or rejected, said fee shall
be returned to said applicant.
(b) Whenever the Secretary of State collects any
fee not required to be paid under the provisions of this Act,
the same shall be refunded to the person paying the same upon
application therefor made within 6 months after the date of
such payment, except as follows: (1) whenever a
refund is determined to be due and
owing as a result of an audit, by this State or any other state or province,
in accordance with Section 2-124 of this Code, of a prorate or apportion
license fee payment pursuant to any reciprocal compact or agreement
between this State and any other state or province, and the Secretary for
any reason fails to promptly make such refund, the licensee shall have one
year from the date of the notification of the audit result to file, with
the Secretary, an application for refund found to be due and owing as a
result of such audit; and (2) whenever a person eligible for a reduced
registration fee pursuant to Section
3-806.3 of this Code has paid in excess of the reduced registration fee
owed, the refund applicant shall have 2 years from the date of overpayment
to apply with the Secretary for a refund of that part of payment made in
excess of the established reduced registration fee.
(c) Whenever a person dies after making application for
registration, application for a refund of the registration
fees and taxes may be made if the vehicle is then sold or
disposed of so that the registration plates or digital registration plates, registration
sticker or digital registration sticker and card are never used. The Secretary of State shall
refund the registration fees and taxes upon receipt within 6
months after the application for registration of an application
for refund accompanied with the unused registration plates or digital registration plates or
registration sticker or digital registration sticker and card and proof of both the death of
the applicant and the sale or disposition of the vehicle.
(d) Any application for refund received after the times
specified in this Section shall be denied and the applicant
in order to receive a refund must apply to the Court of Claims.
(d-5) Refunds may be granted for any title-related transaction if a title application has not been processed by the Secretary of State. If any application for a certificate of title under Section 3-104 or salvage title under Section 3-118 is verified by the National Motor Vehicle Title Information System (NMVTIS), and receives a warning or error from the NMVTIS reporting that the vehicle requires either a salvage certificate or a junk certificate in lieu of the original applied certificate of title or salvage title, then the applicant shall have 6 months to apply for a refund of cost, or the difference of the certificate of title or salvage certificate. (e) The Secretary of State is authorized to maintain a two
signature revolving checking account with a suitable commercial
bank for the purpose of depositing
and withdrawal-for-return those monies received and determined
upon receipt to be in excess of the amount or amounts required by law.
(f) Refunds on audits performed by Illinois or another member of the
International Registration Plan shall be made in accordance with the procedures
as set forth in the agreement.
(Source: P.A. 101-395, eff. 8-16-19.)
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625 ILCS 5/3-824.5
(625 ILCS 5/3-824.5)
Sec. 3-824.5.
Applicability of fee and tax increases.
The fee and tax
increases in this Code made by this amendatory Act of the 91st General Assembly
that apply to registrations apply to registration year 2001 and thereafter.
The registration fees and taxes in existence on the day prior to the effective
date of this amendatory Act of the 91st General Assembly apply throughout
registration year 2000. All other fee and tax increases in this Code made by
this amendatory Act of the 91st General Assembly shall apply beginning January
1, 2000 and thereafter.
(Source: P.A. 91-37, eff. 7-1-99.)
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625 ILCS 5/3-825
(625 ILCS 5/3-825) (from Ch. 95 1/2, par. 3-825)
Sec. 3-825.
Certificate of Safety.
Every application for registration of a motor vehicle which is subject
to vehicle inspection may be accompanied by proof that a valid and
unrevoked Certificate of Safety has been issued for each such vehicle. The
Secretary of State may at his discretion decline to register any such
vehicle unless the application is accompanied with such proof.
(Source: P.A. 76-1997.)
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625 ILCS 5/3-827
(625 ILCS 5/3-827) (from Ch. 95 1/2, par. 3-827)
Sec. 3-827.
(Repealed).
(Source: Repealed by P.A. 88-415.)
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625 ILCS 5/3-828
(625 ILCS 5/3-828) (from Ch. 95 1/2, par. 3-828)
Sec. 3-828.
Lien for violations.
Any vehicle used in violation of the provision of this Act shall be
subject to a lien for the full amount of all unpaid registration fees, flat
weight taxes, and penalties. Such lien shall not release the offender from
the full payment of all such fees, taxes, penalties and damages. The lien
shall attach at the time of operation of any such vehicle within this State
and shall remain effective until all unpaid registration fees, flat weight
taxes, penalties and audit fees are paid, or until the vehicle is sold for
the payment thereof. Such liens shall be superior to any other lien except
that:
(a) no lien for any amounts due or assessed pursuant to this Section
shall be enforceable against any vehicle which prior to such assessment had
been transferred in good faith to a bona fide transferee for value;
(b) the lien of any amounts due or assessed shall be subject to a prior
lien of any indebtedness existing against such vehicle which is noted on
the certificate of title of such vehicle issued under this Act, or as to a
vehicle from another jurisdiction, if written notice thereof is filed with
the Secretary of State before such lien becomes operative and if
(1) Such prior indebtedness was incurred in good faith to secure all or
a portion of the purchase price of such vehicle, and
(2) Such prior indebtedness is secured by a chattel mortgage or
conditional sales agreement duly filed or perfected in this State pursuant
to law and such chattel mortgage or conditional sales was not given
directly or indirectly, to any officer, director or shareholder of a
corporation, or to a partner of a partnership, or to a trustee or
beneficiary of a trust, owning or having the lawful use or control of such
vehicle, whether as a purchase money mortgage or otherwise.
The lien imposed under this Section shall be enforceable as to any
equity after the encumbrance of any such chattel mortgage or conditional
sales contract, and in the event any such vehicle subject to a lien
hereunder is repossessed by a chattel mortgagee or a conditional vendor,
such vehicle shall not be sold at any public or private sale unless at
least 5 days written notice by registered mail is served upon the Secretary
of State.
The Secretary of State, upon perfecting a prior lien hereunder for any
flat weight taxes required to be paid under Section 3-815 may in his
discretion waive the requirement for the surety bond specified in Section
3-816, providing that the said prior lien is so noted on the certificate of
title for such vehicle or vehicles.
Any surety making payment of a second installment of taxes under Section
3-816 of this Act, may impress a lien similar to that of the Secretary of
State, and such lien may be noted on title records and documents. The
surety shall, however, pay any statutory fees therefor.
(Source: P.A. 77-1464.)
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625 ILCS 5/3-829
(625 ILCS 5/3-829) (from Ch. 95 1/2, par. 3-829)
Sec. 3-829.
Foreclosure of Lien - Service of Processes - Notices.
In any action to foreclose the lien imposed by Section 3-828 service of
process on all known owners and parties in interest shall be made in the
manner now prescribed by law, and, as to all unknown owners and parties in
interest, notice of the pendency of such action shall be given by
publication in some newspaper of general circulation published in the
county where the suit is pending, or if there is no such newspaper, then in
a newspaper of general circulation published in an adjoining county in this
State and having a general circulation in the county in which such suit is
pending. Such notice shall contain the title of the court; the title of the
case, showing the names of all known owners and parties in interest; a
statement that publication is being made as to unknown owners and parties
in interest; and the date on or after which default may be entered against
the defendants.
(Source: P.A. 76-1586.)
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625 ILCS 5/3-830
(625 ILCS 5/3-830) (from Ch. 95 1/2, par. 3-830)
Sec. 3-830.
Notice of pendency of action - Time and number of publications - Default.
The notice required by Section 3-829 may be given at any time after
commencement of the suit, and shall be published at least once each week
for 3 successive weeks. No default or other proceeding shall be taken
against any defendant as to whom publication was made and who does not
appear, unless the first publication is at least 30 days prior to the time
when the default or other proceeding is sought to be taken.
(Source: P.A. 76-1586 .)
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625 ILCS 5/3-831
(625 ILCS 5/3-831) (from Ch. 95 1/2, par. 3-831)
Sec. 3-831.
Secretary to institute suits.
The Secretary of State may institute, in the name of the People of the
State of Illinois, a suit or suits in the circuit court
to enforce the collection of any fees, taxes, interest, penalties or
damages provided for in this Act, or to enjoin violations of this Act.
(Source: P.A. 79-1358 .)
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625 ILCS 5/3-832
(625 ILCS 5/3-832) (from Ch. 95 1/2, par. 3-832)
Sec. 3-832.
Service of Process.
The operation, with the consent of the owner, upon the highways of the
State of any motor vehicle of the second division shall be deemed an
appointment by the owner of the driver of the vehicle as the owner's agent
upon whom may be served process in any civil or criminal proceeding against
such owner based upon failure to register, improper registration or failure
to pay the proper fees or taxes with respect to any motor vehicles of the
second division of such owner.
(Source: P.A. 76-1586.)
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625 ILCS 5/3-833
(625 ILCS 5/3-833) (from Ch. 95 1/2, par. 3-833)
Sec. 3-833.
Unlawful acts.
It shall be unlawful for any person to own or operate a vehicle on the
public highways of this State without complying with this Act.
(Source: P.A. 76-1586.)
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625 ILCS 5/3-834
(625 ILCS 5/3-834) (from Ch. 95 1/2, par. 3-834)
Sec. 3-834.
Violations of this Chapter 3.
(a) It is unlawful for any person to violate any of the
provisions of this Chapter 3, except as provided in paragraph
(b)
of this Section, unless such violation is by this Code or other law of
this State declared to be a felony.
(b) Every person convicted of a misdemeanor for a violation of any
of the provisions of this Chapter 3 for which another penalty is not
provided shall for a first and second conviction be guilty of a petty offense;
upon a third or subsequent conviction within one year after
the first conviction such person shall be guilty of a Class C
misdemeanor. Compliance with the registration provisions of this Code
after apprehension or arrest shall not excuse imposition of the
penalties herein provided nor be cause for dismissal of the arrest or of
the summons nor be a basis for setting aside a conviction therefor.
(Source: P.A. 88-476.)
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625 ILCS 5/Ch. 3 Art. IX
(625 ILCS 5/Ch. 3 Art. IX heading)
ARTICLE IX.
REMITTANCE AGENTS
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625 ILCS 5/3-900
(625 ILCS 5/3-900) (from Ch. 95 1/2, par. 3-900)
Sec. 3-900.
(Repealed).
(Source: P.A. 88-470. Repealed by P.A. 90-89, eff. 1-1-98.)
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625 ILCS 5/3-901
(625 ILCS 5/3-901) (from Ch. 95 1/2, par. 3-901)
Sec. 3-901. Purpose of Article.
Many persons throughout the State hold themselves out to the public as
being engaged in, and have engaged in, accepting money from members of the
public for remittance to the State of Illinois, and its licensing and
taxing agencies in payment of registration plates, vehicle certificates of title, taxes, or
registration fees. Some of these persons have failed to make such
remittance with the consequent loss to the remitters. It is the public
policy of this State that its people be protected against such hazards.
(Source: P.A. 97-832, eff. 7-20-12.)
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625 ILCS 5/3-902
(625 ILCS 5/3-902) (from Ch. 95 1/2, par. 3-902)
Sec. 3-902. Application of Article. This Article shall not apply to any person who, in connection with the issuance of a
license to him to conduct a business in this State other than a remitter's license, shall have filed,
pursuant to a statutory requirement, a surety bond covering the proper
discharge of any liability incurred by him in connection with the
acceptance for remittance of money for the purposes designated in the
Article pursuant to which he or she is licensed.
(Source: P.A. 97-832, eff. 7-20-12; 98-463, eff. 8-16-13.)
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625 ILCS 5/3-903
(625 ILCS 5/3-903) (from Ch. 95 1/2, par. 3-903)
Sec. 3-903. License.
It shall be unlawful for any person to
act as a "remittance agent" in the State of Illinois without first having
obtained or renewed a license and posted a bond, as
hereafter provided.
(Source: P.A. 97-832, eff. 7-20-12.)
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625 ILCS 5/3-904
(625 ILCS 5/3-904) (from Ch. 95 1/2, par. 3-904)
Sec. 3-904. Application; contents; affidavits; prelicense education certification. (a) Any person who desires to act as a "remittance agent" shall first file
with the Secretary of State a written application for a license. The
application shall be under oath and shall contain the following:
1. The name and address of the applicant.
2. The address of each location at which the | | applicant intends to act as a remittance agent.
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3. The applicant's business, occupation or
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4. A statement disclosing whether he has been
| | involved in any civil or criminal litigation and if so, the material facts pertaining thereto.
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5. A statement that the applicant has not committed
| | in the past 3 years any violation as determined in any civil, criminal, or administrative proceedings under the Retailers' Occupation Tax Act or under Article I or VII of Chapter 3 of this Code.
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| 6. Any other information concerning the business of
| | the applicant that the Secretary of State may prescribe.
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| (b) The application under subsection (a) shall be accompanied by the affidavits of two persons
residing in the city or town of such applicant's residence. Such affiants
shall state that they have known the applicant for a period of at least two
years; that the applicant is of good moral character and that his
reputation for honesty and business integrity in the community in which he
resides is good. If the applicant is not an individual, the requirements of
this paragraph shall apply to each of its officers or members.
(c) The application under subsection (a) shall be
accompanied by a copy of the certification from the
prelicensing education program required by Section 3-904.5.
(Source: P.A. 101-505, eff. 1-1-20 .)
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625 ILCS 5/3-904.2 (625 ILCS 5/3-904.2) Sec. 3-904.2. Remittance agent background check. Each applicant for a remittance license shall have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Department of State Police. These fingerprints shall be checked against the Department of State Police and Federal Bureau of Investigation criminal history record databases now and hereafter filed, including, but not limited to, civil, criminal, and latent fingerprint databases. The Department of State Police shall charge applicants a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check. The Department of State Police shall furnish, pursuant to positive identification, records of Illinois convictions to the Secretary of State.
(Source: P.A. 101-505, eff. 1-1-20 .) |
625 ILCS 5/3-904.5 (625 ILCS 5/3-904.5) Sec. 3-904.5. Remittance agent prelicensing education program courses. (a) An applicant for a license as a remittance agent shall
complete a minimum of 8 hours of prelicensing education program
courses under this Section prior to submitting an application
to the Secretary of State. (b) To meet the requirements of this Section, at least one
person who is associated with the remittance agent as an owner,
principal, corporate officer, director, or member or partner of
a limited liability company or limited liability partnership
shall complete the education program courses. (c) The prelicensing education program courses shall be
provided by public or private entities with an expertise in the
area as approved by the Secretary of State. The Secretary of
State must approve course curricula and instruction, in
consultation with the Department of Transportation and any
private entity with expertise in the area in the Secretary's
discretion. (d) Each person who successfully completes an approved
prelicensing education program under this Section shall be
issued a certificate by the education program provider. The
current certificate of completion, or a copy of the current
certificate, shall be posted conspicuously in the principal
office of the licensee. (e) The provisions of this Section apply to all remittance
agents including, but not limited to, persons, corporations,
and partnerships, except for the following: (1) motor vehicle rental companies having a national | | (2) national motor vehicle auction companies;
(3) wholesale dealer-only auction companies;
(4) used vehicle dealerships owned by a franchise
| | motor vehicle dealer; and
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| (5) banks, credit unions, and savings and loan
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(Source: P.A. 101-505, eff. 1-1-20 .)
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625 ILCS 5/3-905
(625 ILCS 5/3-905) (from Ch. 95 1/2, par. 3-905)
Sec. 3-905. Bond; fee; duration of license. Such applicant shall,
with
his application, deposit with the Secretary of State a bond as hereinafter
provided, for each location at which the applicant intends to act as a
remittance agent. The application shall be accompanied by the payment of a
license fee in the sum of $50.00 (or $25.00 if such application is filed
after July 1) for each location at which he proposes to act as a remittance
agent. If the applicant shall have complied with all of the requirements of
this Section and the Secretary of State shall find after investigation that
the applicant is financially sound and of good business integrity, he shall
issue the required license. Such license shall terminate on December 31 of
the year for which it is issued, but upon application prior to November 15
of any year for which a license is in effect may be renewed for the next
succeeding calendar year. Such application shall be accompanied by the
payment of an annual license fee of $50.00 for each location at which the
applicant proposes to act as a remittance agent and the posting of the bond
herein provided, for each such location.
The bond required by this Section shall be for the term of the
license, or renewal thereof, for which application is made, and shall
run to the People of the State of Illinois, with surety by a bonding or
insurance company authorized to do business in this State, to be
approved by the Secretary of State. It shall be conditioned upon the
proper transmittal of all remittances by the applicant as a
remittance agent and the performance of all undertakings in connection
therewith. It shall be in the minimum sum of $20,000, or in an amount
equal to the aggregate sum of money transmitted to the State by
the applicant during the highest 15 day period in the fiscal
year
immediately preceding the one for which application is made (rounded to
the nearest $1,000), whichever is the greater. However, for the purpose
of determining the bond requirements hereunder, remittances made by
applicants in the form of money orders, checks, or electronic payments which are made payable
directly to the Secretary of State or the Illinois Department of
Revenue by the remitter, shall not be
considered in the aggregate. The bond requirement of this
Section shall not
apply to banks, savings and loan associations, and credit
unions chartered by the State
of Illinois or the United States; provided that the banks, savings
and
loan associations, and credit unions provide to the
Secretary of State an affidavit stating that
the bank, savings and loan association, or credit union is
sufficiently bonded to meet the
requirements as required above. Such affidavit shall be signed by an officer
of the bank, savings and loan association, or credit union and
shall be notarized.
(Source: P.A. 99-324, eff. 1-1-16; 100-450, eff. 1-1-18 .)
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625 ILCS 5/3-906
(625 ILCS 5/3-906) (from Ch. 95 1/2, par. 3-906)
Sec. 3-906. Denial.
The Secretary of State shall deny any application under this Article
upon any of the following grounds:
(1) That the application contains any false or | |
(2) That the applicant has failed to furnish the
| | information required by the Secretary or to file a bond as required; or
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(3) That the required fee has not been paid; or
(4) That the applicant has failed to remit fees to
| | the Secretary of State or the Department of Revenue; or
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(5) That the applicant has engaged in fraudulent
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(6) That the applicant or a member of his immediate
| | family is an employee of the Secretary of State; or
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(7) That the Secretary of State is authorized under
| | any other provision of law.
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If the Secretary of State denies the application for a license, or
renewal thereof, he shall so order in writing and
notify the applicant thereof by certified mail. Upon the denial of an
application for a license, or renewal thereof, he shall return the license
fee. An applicant may contest the denial of an application for a license or renewal thereof by requesting an administrative hearing pursuant to Section 2-118 of this Code.
(Source: P.A. 97-832, eff. 7-20-12.)
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625 ILCS 5/3-907
(625 ILCS 5/3-907) (from Ch. 95 1/2, par. 3-907)
Sec. 3-907. Suspension or revocation.
Such license may be suspended or revoked by the Secretary of State for
the violation of any provision of this Act or any rule or regulation of the
Secretary of State and for any reason which, had it existed or been known
to the Secretary of State at the time of the filing of the application for
such license, would have been good cause for the denial of such
application. The Secretary of State shall order such license suspended or revoked in writing and shall notify the licensee of the order by certified mail. A licensee may, upon receipt of an order of suspension or
revocation seek a hearing to review such order pursuant to Section 2-118 of this Code.
(Source: P.A. 97-832, eff. 7-20-12.)
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