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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 5/3-822
(625 ILCS 5/3-822)
Sec. 3-822. (Repealed).
(Source: P.A. 76-1586. Repealed by P.A. 94-239, eff. 1-1-06.)
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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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