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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 5/3-813
(625 ILCS 5/3-813) (from Ch. 95 1/2, par. 3-813)
Sec. 3-813. Vehicles of second division - Registration fee. Except as otherwise provided in this Code, all owners of vehicles of the
second division which are designed, equipped or used for carrying freight,
goods, wares, merchandise, or for use as living quarters; and all owners of
vehicles of the first division which have been remodelled and are being
used for such purposes; and all owners of motor vehicles operated as truck
tractors to the weights of which are added to the gross weights of
semitrailers with their maximum loads when drawn by such truck tractors;
and all owners of vehicles of the second division which are used for
carrying more than 10 persons, shall pay to the Secretary of State for each
registration year, for the use of the public highways of this State, a
registration fee of $10 for each such vehicle, which shall be collected as part of the flat weight tax assessed under Section 3-815 of this Code. A self-propelled vehicle
operated as a truck tractor and one semitrailer or a combination of a truck
tractor and semitrailer drawing a trailer or a semitrailer converted to a
trailer through use of an auxiliary axle or any combination of apportioned
vehicles shall be considered as one vehicle in computing the flat weight
taxes under Section 3-815.
(Source: P.A. 99-127, eff. 1-1-16 .)
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625 ILCS 5/3-814
(625 ILCS 5/3-814) (from Ch. 95 1/2, par. 3-814)
Sec. 3-814.
Semitrailer registration fees.
Effective with the 1984
registration year to the end of the 1998 registration year, an owner
of a semitrailer shall pay to the Secretary of State, for the use of the
public highways of this State, a flat weight tax of $60, which includes the
registration fee, for a 5 year semitrailer plate.
Effective with the 1999 registration year an owner of a semitrailer shall pay
to the Secretary of State, for the use of the public highways of this State, a
one time flat tax of $15, which includes the registration fee, for a permanent
non-transferrable semitrailer plate.
Effective with the 2001 registration year, an owner of a semitrailer shall
pay to the Secretary of State, for the use of public highways of this State, a
one-time flat tax of $19, which includes the registration fee, for a permanent
non-transferrable semitrailer plate.
(Source: P.A. 91-37, eff. 7-1-99.)
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625 ILCS 5/3-814.1
(625 ILCS 5/3-814.1) (from Ch. 95 1/2, par. 3-814.1)
Sec. 3-814.1.
Apportionable trailer and semitrailer fees.
Beginning
April 1, 1994 through March 31, 1998, an owner of an apportionable trailer
or apportionable semitrailer registered under Section 3-402.1 shall pay an
annual registration fee of $12 to the Secretary of State.
Beginning April 1, 1998 through March 31, 2000, an owner of an
apportionable trailer or apportionable semitrailer registered under Section
3-402.1 shall pay a one time registration fee of $15 to the Secretary of State
for a permanent non-transferrable plate.
Beginning April 1, 2000, an owner of an apportionable trailer or
apportionable semitrailer registered under Section 3-402.1 shall pay
a one-time registration fee of $19 to the Secretary of State for a
permanent non-transferrable plate.
(Source: P.A. 91-37, eff. 7-1-99.)
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625 ILCS 5/3-814.2
(625 ILCS 5/3-814.2)
Sec. 3-814.2.
Optional registration of converter devices.
(a) The Secretary of State may provide for optional registration of devices
that convert a semitrailer to a trailer and are exempt from vehicle
registration requirements. The rules adopted for purposes of this Section may
provide for the registration of this category of vehicle or type vehicle. Upon
request of an owner, the Secretary of State may issue registration for a
vehicle that meets the requirements of rules adopted under this Section.
A registration fee for this vehicle may be imposed by rule.
(b) A vehicle that is registered under this Section is subject to the same
provisions, conditions, fees, and other requirements under this Code.
(Source: P.A. 89-710, eff. 2-14-97.)
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625 ILCS 5/3-814.3
(625 ILCS 5/3-814.3)
Sec. 3-814.3. Registration of fleets of semitrailers or apportionable
semitrailers. The Secretary of State may provide for the registration of large
fleets of semitrailers or apportionable semitrailers by accepting the
appropriate fees and issuing the registration plate or digital registration plate prior to the plate being
assigned to a specific vehicle. The registration indexes will be updated on a
date predetermined by the Secretary of State. In determining this date, the
Secretary of State shall take into consideration the number of vehicles in each
fleet.
(Source: P.A. 101-395, eff. 8-16-19.)
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625 ILCS 5/3-814.4
(625 ILCS 5/3-814.4)
Sec. 3-814.4.
Registration of fleet vehicles. The Secretary may issue fleet
vehicle registration plates or digital registration plates to owners of vehicle fleets registered in
accordance with Section 3-405.3 of this Code in bulk before plates are assigned
to specific vehicles. A registration plate or digital registration plate may not be displayed on a vehicle,
however, until the plate has been activated on the Secretary's registration
file and the proper fee has been forwarded to the Secretary.
(Source: P.A. 101-395, eff. 8-16-19.)
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625 ILCS 5/3-815
(625 ILCS 5/3-815) (from Ch. 95 1/2, par. 3-815)
Sec. 3-815. Flat weight tax; vehicles of the second division.
(a) Except
as provided in Section 3-806.3 and 3-804.3, every owner
of a vehicle of the second division registered under Section 3-813, and
not registered under the mileage weight tax under Section 3-818, shall
pay to the Secretary of State, for each registration year, for the use
of the public highways, a flat weight tax at the rates set forth in the
following table, the rates including the $10 registration fee:
SCHEDULE OF FLAT WEIGHT TAX
REQUIRED BY LAW
|
Gross Weight in Lbs. |
|
Total Fees |
Including Vehicle |
|
each Fiscal |
and Maximum Load |
Class |
year |
8,000 lbs. and less |
B |
$148 |
8,001 lbs. to 10,000 lbs. | C | 218 |
10,001 lbs. to 12,000 lbs. |
D |
238 |
12,001 lbs. to 16,000 lbs. |
F |
342 |
16,001 lbs. to 26,000 lbs. |
H |
590 |
26,001 lbs. to 28,000 lbs. |
J |
730 |
28,001 lbs. to 32,000 lbs. |
K |
942 |
32,001 lbs. to 36,000 lbs. |
L |
1,082 |
36,001 lbs. to 40,000 lbs. |
N |
1,302 |
40,001 lbs. to 45,000 lbs. |
P |
1,490 |
45,001 lbs. to 50,000 lbs. |
Q |
1,638 |
50,001 lbs. to 54,999 lbs. |
R |
1,798 |
55,000 lbs. to 59,500 lbs. |
S |
1,930 |
59,501 lbs. to 64,000 lbs. |
T |
2,070 |
64,001 lbs. to 73,280 lbs. |
V |
2,394 |
73,281 lbs. to 77,000 lbs. |
X |
2,722 |
77,001 lbs. to 80,000 lbs. |
Z |
2,890 |
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Beginning with the 2010 registration year a $1 surcharge shall be collected for vehicles registered in the 8,000 lbs. and less flat weight plate category above to be deposited into the State Police Vehicle Fund.
Beginning with the 2014 registration year, a $2 surcharge shall be collected in addition to the above fees for vehicles registered in the 8,000 lb. and less flat weight plate category as described in this subsection (a) to be deposited into the Park and Conservation Fund for the Department of Natural Resources to use for conservation efforts. The monies deposited into the Park and Conservation Fund under this Section shall not be subject to administrative charges or chargebacks unless otherwise authorized by this Act.
Of the fees collected under this subsection, $1 of the fees shall be deposited into the Secretary of State Special Services Fund and $99 of the fees shall be deposited into the Road Fund.
All of the proceeds of the additional fees imposed by Public Act 96-34 shall be deposited into the Capital Projects Fund.
(a-1) A Special Hauling Vehicle is a vehicle or combination of vehicles of
the second
division registered under Section 3-813 transporting asphalt or concrete in the
plastic state or a vehicle or combination of vehicles that are subject to the
gross weight limitations in subsection (a) of Section 15-111 for which the
owner of the
vehicle or combination of vehicles has elected to pay, in addition to the
registration fee in subsection (a), $125 to the Secretary of State
for each
registration year. The Secretary shall designate this class of vehicle as
a Special Hauling Vehicle.
(a-5) Beginning January 1, 2015, upon the request of the vehicle owner, a $10 surcharge shall be collected in addition to the above fees for vehicles in the 12,000 lbs. and less flat weight plate categories as described in subsection (a) to be deposited into the Secretary of State Special License Plate Fund. The $10 surcharge is to identify vehicles in the 12,000 lbs. and less flat weight plate categories as a covered farm vehicle. The $10 surcharge is an annual, flat fee that shall be based on an applicant's new or existing registration year for each vehicle in the 12,000 lbs. and less flat weight plate categories. A designation as a covered farm vehicle under this subsection (a-5) shall not alter a vehicle's registration as a registration in the 12,000 lbs. or less flat weight category. The Secretary shall adopt any rules necessary to implement this subsection (a-5).
(a-10) Beginning January 1, 2019, upon the request of the vehicle owner, the Secretary of State shall collect a $10 surcharge in addition to the fees for second division vehicles in the 8,000 lbs. and less flat weight plate category described in subsection (a) that are issued a registration plate under Article VI of this Chapter. The $10 surcharge shall be deposited into the Secretary of State Special License Plate Fund. The $10 surcharge is to identify a vehicle in the 8,000 lbs. and less flat weight plate category as a covered farm vehicle. The $10 surcharge is an annual, flat fee that shall be based on an applicant's new or existing registration year for each vehicle in the 8,000 lbs. and less flat weight plate category. A designation as a covered farm vehicle under this subsection (a-10) shall not alter a vehicle's registration in the 8,000 lbs. or less flat weight category. The Secretary shall adopt any rules necessary to implement this subsection (a-10).
(b) Except as provided in Section 3-806.3, every camping trailer,
motor home, mini motor home, travel trailer, truck camper or van camper
used primarily for recreational purposes, and not used commercially, nor
for hire, nor owned by a commercial business, may be registered for each
registration year upon the filing of a proper application and the payment
of a registration fee and highway use tax, according to the following table of
fees:
MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
|
Gross Weight in Lbs. |
Total Fees |
Including Vehicle and |
Each |
Maximum Load |
Calendar Year |
8,000 lbs and less |
$78 |
8,001 Lbs. to 10,000 Lbs |
90 |
10,001 Lbs. and Over |
102 |
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CAMPING TRAILER OR TRAVEL TRAILER
|
Gross Weight in Lbs. |
Total Fees |
Including Vehicle and |
Each |
Maximum Load |
Calendar Year |
3,000 Lbs. and Less |
$18 |
3,001 Lbs. to 8,000 Lbs. |
30 |
8,001 Lbs. to 10,000 Lbs. |
38 |
10,001 Lbs. and Over |
50 |
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Every house trailer must be registered under Section 3-819.
(c) Farm Truck. Any truck used exclusively for the owner's own
agricultural, horticultural or livestock raising operations and
not-for-hire only, or any truck used only in the transportation for-hire
of seasonal, fresh, perishable fruit or vegetables from farm to the
point of first processing,
may be registered by the owner under this paragraph in lieu of
registration under paragraph (a), upon filing of a proper application
and the payment of the $10 registration fee and the highway use tax
herein specified as follows:
SCHEDULE OF FEES AND TAXES
|
Gross Weight in Lbs. |
|
Total Amount for |
Including Truck and |
|
each |
Maximum Load |
Class |
Fiscal Year |
16,000 lbs. or less |
VF |
$250 |
16,001 to 20,000 lbs. |
VG |
326 |
20,001 to 24,000 lbs. |
VH |
390 |
24,001 to 28,000 lbs. |
VJ |
478 |
28,001 to 32,000 lbs. |
VK |
606 |
32,001 to 36,000 lbs. |
VL |
710 |
36,001 to 45,000 lbs. |
VP |
910 |
45,001 to 54,999 lbs. |
VR |
1,126 |
55,000 to 64,000 lbs. |
VT |
1,302 |
64,001 to 73,280 lbs. |
VV |
1,390 |
73,281 to 77,000 lbs. |
VX |
1,450 |
77,001 to 80,000 lbs. |
VZ |
1,590 |
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Of the fees collected under this subsection, $1 of the fees shall be deposited into the Secretary of State Special Services Fund and $99 of the fees shall be deposited into the Road Fund.
In the event the Secretary of State revokes a farm truck registration
as authorized by law, the owner shall pay the flat weight tax due
hereunder before operating such truck.
Any combination of vehicles having 5 axles, with a distance of 42 feet or
less between extreme axles, that are subject to the weight limitations in
subsection (a) of Section 15-111 for which the owner of the combination
of
vehicles has elected to pay, in addition to the registration fee in subsection
(c), $125 to the Secretary of State for each registration year
shall be designated by the Secretary as a Special Hauling Vehicle.
(d) The number of axles necessary to carry the maximum load provided
shall be determined from Chapter 15 of this Code.
(e) An owner may only apply for and receive 5 farm truck
registrations, and only 2 of those 5 vehicles shall exceed 59,500 gross
weight in pounds per vehicle.
(f) Every person convicted of violating this Section by failure to pay
the appropriate flat weight tax to the Secretary of State as set forth in
the above tables shall be punished as provided for in Section 3-401.
(Source: P.A. 100-734, eff. 1-1-19; 100-956, eff. 1-1-19; 101-32, eff. 6-28-19; 101-81, eff. 7-12-19.)
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625 ILCS 5/3-815.1
(625 ILCS 5/3-815.1)
Sec. 3-815.1. (Repealed). (Source: P.A. 101-32, eff. 6-28-19. Repealed internally, eff. 7-1-20.)
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625 ILCS 5/3-816
(625 ILCS 5/3-816) (from Ch. 95 1/2, par. 3-816)
Sec. 3-816.
Installment Payments.
(a) The flat weight tax required to be paid by Section 3-815 for any
vehicles on a calendar year basis may be paid if the owner so elects, in equal
semi-annual installments due on January 1 and July 1 of each licensing year.
Effective with the 1984 registration year the owners of semitrailers registered
under Section 3-814 shall have the option of paying the designated fees to the
Secretary in the following manner:
If registered in the first year the owner shall have the option of paying
$30 the first year and the remaining $30 by the start of the second year;
If registered in the second year the owner shall have the option of paying
$24 the first year and the remaining $24 by the start of the third year;
If registered in the third year the owner shall pay $36 for each semitrailer;
If registered in the fourth year the owner shall pay $24 for each semitrailer; and
If registered in the fifth year the owner shall pay $12 for each semitrailer.
Every such owner who elects to pay such tax in such installments shall file
with the Secretary of State a surety bond or certificate of deposit, as
hereinafter provided, in the amount of the sum of the second installment
of taxes on his vehicle.
Such bond shall be in the form approved by the Secretary of State and
with a surety company approved by the Department of Insurance to
transact business in this State, as surety, and shall be conditioned
upon such owner's paying to the State of Illinois all monies becoming
due by reason of his operation of the second division motor vehicle in
this State, together with all penalties and interest thereon.
The State Treasurer shall issue a certificate of deposit to any such
owner who deposits with the State Treasurer securities of the Federal
Government or the State of Illinois endorsed in blank by such owner, or
a certificate of deposit issued by any bank or savings and loan association
authorized to do business in Illinois, payable to the Secretary of State on or
after July 1 of the year of registration. Such certificate of deposit and
securities shall be approved by and deposited with the State Treasurer, and
shall have a current market value in the total amount which would cover all
monies becoming due and payable to the State of Illinois by reason of his
operation of a second division motor vehicle in this State, together with all
penalties and interest thereon.
The liability of the surety hereunder shall be absolute and upon
notice from the Secretary of State that the second installment has not
been paid on July 1 of any licensing year the surety shall immediately
pay the second installment to the Secretary of State.
Upon notice by the Secretary of State that the second installment of
such owner's taxes has not been paid on July 1 of any licensing year,
the State Treasurer shall sell such securities and deliver the proceeds
thereof to the Secretary of State to satisfy all monies becoming due by
reason of such owner's operation of a second division motor vehicle in
this State, together with all penalties and interest thereon.
If the owner's liability for the second installment is evidenced by a
certificate of deposit payable to the Secretary of State, the Secretary
of State shall, upon failure of the owner to pay the second installment
by July 1, endorse the certificate of deposit which is in the custody of
the State Treasurer, and thereafter the State Treasurer shall present
the certificate of deposit for payment to the proper bank or savings and
loan association. Upon receipt of payment, the State Treasurer shall forward
to the Secretary of State all monies due by reason of such owner's operation of
a second division motor vehicle in this State, and return the excess, if any,
to the owner on whose behalf the certificate of deposit was previously
deposited.
The State Treasurer shall return securities or proceeds in excess of
that needed to satisfy the Secretary of State for all monies becoming
due by reason of such owner's operation of a second division motor
vehicle in this State, together with all penalties and interest thereon.
Upon notice by the Secretary of State that the second installment has
been paid, the State Treasurer shall return such certificate of deposit
or securities deposited with him under this Section to the owner
thereof.
(b) The flat weight tax required by Section 3-815 to be paid on a fiscal
year basis may be paid, if the owner so elects, in equal semi-annual
installments due on July 1st and January 1st of each registration year. From
July 1, 1983 through November 30, 1983, the flat weight tax required
by Section
3-814 for semitrailers previously registered on a fiscal year basis may be
paid, if the owner so elects, by paying the Secretary of State $33 at the time
of registration and the remaining $25 by January 1, 1985 for each 5 1/2 year
semitrailer plate. Every such owner who elects to pay such tax in such
installments shall file with the Secretary of State a surety bond or
certificate of deposit, as hereinafter provided, in the amount of the sum of
the second installment of taxes on his vehicle.
Such bond shall be in the form approved by the Secretary of State and
with a surety company approved by the Department of Insurance to
transact business in this State, as surety, and shall be conditioned
upon such owner's paying to the State of Illinois all monies becoming
due by reason of his operation of the second division motor vehicle in
this State, together with all penalties and interest thereon.
The liability of the surety hereunder shall be absolute and upon
notice from the Secretary of State that the second installment has not
been paid on January 1st of any registration year the surety shall
immediately pay the second installment to the Secretary of State.
Upon notice by the Secretary of State that the second installment of
such owner's taxes has not been paid on January 1st of any registration
year, the State Treasurer shall sell such securities and deliver the
proceeds thereof to the Secretary of State to satisfy all monies
becoming due by reason of such owner's operation of a second division
motor vehicle in this State, together with all penalties and interest
thereon.
If the owner's liability for the second installment is evidenced by a
certificate of deposit payable to the Secretary of State, the Secretary
of State shall, upon failure of the owner to pay the second installment
by January 1st, endorse the certificate of deposit which is in the
custody of the State Treasurer, and thereafter the State Treasurer shall
present the certificate of deposit for payment to the proper bank or savings
and loan association. Upon receipt of payment, the State Treasurer shall
forward to the Secretary of State all monies due by reason of such owner's
operation of a second division motor vehicle in this State, and return the
excess, if any, to the owner on whose behalf the certificate of deposit was
previously deposited.
The State Treasurer shall return securities or proceeds in excess of
that needed to satisfy the Secretary of State for all monies becoming
due by reason of such owner's operation of a second division motor
vehicle in this State, together with all penalties and interest thereon.
Upon notice by the Secretary of State that the second installment has
been paid, the State Treasurer shall return such certificate of deposit
or securities deposited with him under this Section to the owner
thereof.
(c) The flat weight tax required under Section 3-815 for vehicles
registered in accordance with Section 3-402.1 may be paid, if the owner
elects, in equal semi-annual installments due on April 1 and October 1 of
each licensing year.
(d) In the event any surety pays for any second installment under
this Section, the surety shall have recourse only against the principal
and owner of the vehicles involved and shall have no right or privilege
to demand revocation or suspension of the registration plates
or registration stickers of the vehicles involved. Such surety may, however,
impress a lien as provided in Section 3-828.
(Source: P.A. 91-357, eff. 7-29-99.)
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625 ILCS 5/3-818
(625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818)
Sec. 3-818. Mileage weight tax option. (a) Any owner of a vehicle of
the second division may elect to pay a mileage weight tax for such vehicle
in lieu of the flat weight tax set out in Section 3-815. Such election
shall be binding to the end of the registration year. Renewal of this
election must be filed with the Secretary of State on or before July 1
of each registration period. In such event the owner shall, at the time
of making such election, pay the $10 registration fee and the minimum
guaranteed mileage weight tax, as hereinafter provided, which payment
shall permit the owner to operate that vehicle the maximum mileage in
this State hereinafter set forth. Any vehicle being operated on
mileage plates cannot be operated outside of this State. In addition
thereto, the owner of that vehicle shall pay a mileage weight tax at the
following rates for each mile traveled in this State in excess of the
maximum mileage provided under the minimum guaranteed basis:
BUS, TRUCK OR TRUCK TRACTOR
|
|
|
|
Maximum |
Mileage |
|
|
Minimum |
Mileage |
Weight Tax |
|
|
Guaranteed |
Permitted |
for Mileage |
Gross Weight |
|
Mileage |
Under |
in excess of |
Vehicle and |
|
Weight |
Guaranteed |
Guaranteed |
Load |
Class |
Tax |
Tax |
Mileage |
12,000 lbs. or less |
MD |
$173 |
5,000 |
26 Mills |
12,001 to 16,000 lbs. |
MF |
220 |
6,000 |
34 Mills |
16,001 to 20,000 lbs. |
MG |
280 |
6,000 |
46 Mills |
20,001 to 24,000 lbs. |
MH |
335 |
6,000 |
63 Mills |
24,001 to 28,000 lbs. |
MJ |
415 |
7,000 |
63 Mills |
28,001 to 32,000 lbs. |
MK |
485 |
7,000 |
83 Mills |
32,001 to 36,000 lbs. |
ML |
585 |
7,000 |
99 Mills |
36,001 to 40,000 lbs. |
MN |
715 |
7,000 |
128 Mills |
40,001 to 45,000 lbs. |
MP |
795 |
7,000 |
139 Mills |
45,001 to 54,999 lbs. |
MR |
953 |
7,000 |
156 Mills |
55,000 to 59,500 lbs. |
MS |
1,020 |
7,000 |
178 Mills |
59,501 to 64,000 lbs. |
MT |
1,085 |
7,000 |
195 Mills |
64,001 to 73,280 lbs.
|
MV |
1,273 |
7,000 |
225 Mills |
73,281 to 77,000 lbs.
|
MX |
1,428 |
7,000 |
258 Mills |
77,001 to 80,000 lbs.
|
MZ |
1,515 |
7,000 |
275 Mills |
|
TRAILER
|
|
|
|
Maximum |
Mileage |
|
|
Minimum |
Mileage |
Weight Tax |
|
|
Guaranteed |
Permitted |
for Mileage |
Gross Weight |
|
Mileage |
Under |
in excess of |
Vehicle and |
|
Weight |
Guaranteed |
Guaranteed |
Load |
Class |
Tax |
Tax |
Mileage |
14,000 lbs. or less |
ME |
$175 |
5,000 |
31 Mills |
14,001 to 20,000 lbs. |
MF |
235 |
6,000 |
36 Mills |
20,001 to 36,000 lbs. |
ML |
640 |
7,000 |
103 Mills |
36,001 to 40,000 lbs. |
MM |
850 |
7,000 |
150 Mills |
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Of the fees collected under this subsection, $1 of the fees shall be deposited into the Secretary of State Special Services Fund and $99 of the fees shall be deposited into the Road Fund.
(a-1) A Special Hauling Vehicle is a vehicle or combination of vehicles of
the second
division registered under Section 3-813 transporting asphalt or concrete in the
plastic state or a vehicle or combination of vehicles that are subject to the
gross weight limitations in subsection (a) of Section 15-111 for which the
owner of the
vehicle or combination of vehicles has elected to pay, in addition to the
registration fee in subsection (a), $125 to the Secretary of State
for each
registration year. The Secretary shall designate this class of vehicle as
a Special Hauling Vehicle.
In preparing rate schedules on registration applications, the Secretary
of State shall add to the above rates, the $10 registration fee. The
Secretary may decline to accept any renewal filed after July 1st.
The number of axles necessary to carry the maximum load provided
shall be determined from Chapter 15 of this Code.
Every owner of a second division motor vehicle for which he has
elected to pay a mileage weight tax shall keep a daily record upon forms
prescribed by the Secretary of State, showing the mileage covered by
that vehicle in this State. Such record shall contain the license number
of the vehicle and the miles traveled by the vehicle in this State for
each day of the calendar month. Such owner shall also maintain records
of fuel consumed by each such motor vehicle and fuel purchases therefor.
On or before the 10th day of July the owner
shall certify to the Secretary of State upon forms prescribed therefor,
summaries of his daily records which shall show the miles traveled by
the vehicle in this State during the preceding 12 months and such other
information as the Secretary of State may require. The daily record and
fuel records shall be filed, preserved and available for audit for a
period of 3 years. Any owner filing a return hereunder shall certify
that such return is a true, correct and complete return. Any person who
willfully makes a false return hereunder is guilty of perjury and shall
be punished in the same manner and to the same extent as is provided
therefor.
At the time of filing his return, each owner shall pay to the
Secretary of State the proper amount of tax at the rate herein imposed.
Every owner of a vehicle of the second division who elects to pay on
a mileage weight tax basis and who operates the vehicle within this
State, shall file with the Secretary of State a bond in the amount of
$500. The bond shall be in a form approved by the Secretary of State and with
a surety company
approved by the Illinois Department of Insurance to transact
business in this State as surety, and shall be conditioned upon such
applicant's paying to the State of Illinois all money becoming
due by
reason of the operation of the second division vehicle in this State,
together with all penalties and interest thereon.
Upon notice from the Secretary that the registrant has failed to pay the
excess mileage fees, the surety shall immediately pay the fees together with
any penalties and interest thereon in an amount not to exceed the limits of the
bond.
(b) Beginning January 1, 2016, upon the request of the
vehicle owner, a $10 surcharge shall be collected in addition
to the above fees for vehicles in the 12,000 lbs. and less mileage
weight plate category as described in subsection (a) to be
deposited into the Secretary of State Special License Plate
Fund. The $10 surcharge is to identify vehicles in the 12,000
lbs. and less mileage weight plate category as a covered farm
vehicle. The $10 surcharge is an annual flat fee that shall be
based on an applicant's new or existing registration year for
each vehicle in the 12,000 lbs. and less mileage weight plate
category. A designation as a covered farm vehicle under this
subsection (b) shall not alter a vehicle's registration as a
registration in the 12,000 lbs. or less mileage weight category.
The Secretary shall adopt any rules necessary to implement this
subsection (b).
(Source: P.A. 101-32, eff. 6-28-19.)
|
625 ILCS 5/3-819
(625 ILCS 5/3-819) (from Ch. 95 1/2, par. 3-819)
Sec. 3-819. Trailer; tax.
(a) Farm Trailer. Any farm trailer drawn by a motor vehicle of the
second division registered under paragraph (a) or (c) of Section 3-815 and
used exclusively by the owner for his own agricultural, horticultural or
livestock raising operations and not used for hire, or any farm trailer
utilized only in the transportation for-hire of seasonal, fresh, perishable
fruit or vegetables from farm to the point of first processing, and any
trailer used with a farm tractor that is not an implement of husbandry may
be registered under this paragraph in lieu of registration under paragraph
(b) of this Section upon the filing of a proper application and the payment
of the $10 registration fee and the highway use tax herein for use of the
public highways of this State, at the following rates which include the $10
registration fee:
|
SCHEDULE OF FEES AND TAXES |
Gross Weight in Lbs. |
Class |
Total Amount |
Including Vehicle |
|
each |
and Maximum Load |
|
Fiscal Year |
10,000 lbs. or less |
VDD |
$160 |
10,001 to 14,000 lbs. |
VDE |
206 |
14,001 to 20,000 lbs. |
VDG |
266 |
20,001 to 28,000 lbs. |
VDJ |
478 |
28,001 to 36,000 lbs. |
VDL |
750 |
|
An owner may only apply for and receive 2 farm trailer
registrations.
(b) All other owners of trailers, other than apportionable trailers
registered under Section 3-402.1 of this Code, used with a motor vehicle on
the public highways, shall pay to the Secretary of State for each
registration year a flat weight tax, for the use of the public highways
of this State, at the following rates (which includes the registration
fee of $10 required by Section 3-813):
|
SCHEDULE OF TRAILER FLAT |
WEIGHT TAX REQUIRED |
BY LAW |
Gross Weight in Lbs. |
|
Total Fees |
Including Vehicle and |
|
each |
Maximum Load |
Class |
Fiscal Year |
2,000 lbs. and less | UT | $36 |
3,000 lbs. and less |
TA |
$36 |
5,000 lbs. and more than 3,000 |
TB |
154 |
8,000 lbs. and more than 5,000 |
TC |
158 |
10,000 lbs. and more than 8,000 |
TD |
206 |
14,000 lbs. and more than 10,000 |
TE |
270 |
20,000 lbs. and more than 14,000 |
TG |
358 |
32,000 lbs. and more than 20,000 |
TK |
822 |
36,000 lbs. and more than 32,000 |
TL |
1,182 |
40,000 lbs. and more than 36,000 |
TN |
1,602 |
|
Of the fees collected under this subsection, other than the fee collected for a Class UT or TA trailer, $1 of the fees shall be deposited into the Secretary of State Special Services Fund and $99 of the fees shall be deposited into the Road Fund.
(c) The number of axles necessary to carry the maximum load provided
shall be determined from Chapter 15 of this Code.
(Source: P.A. 101-32, eff. 6-28-19; 102-353, eff. 1-1-22 .)
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625 ILCS 5/3-820
(625 ILCS 5/3-820) (from Ch. 95 1/2, par. 3-820)
Sec. 3-820. Duplicate Number Plates. Upon filing in the Office of the
Secretary of State an affidavit to the effect that an original number plate
for a vehicle is lost, stolen or destroyed, a duplicate number plate shall
be furnished upon payment of a fee of $6 for each duplicate plate
and a fee of $9 for a pair of duplicate plates.
Upon filing in the Office of the Secretary of State an affidavit to the
effect that an original registration sticker or digital registration sticker for a vehicle is lost,
stolen or destroyed, a new registration sticker or digital registration sticker shall be
furnished upon payment of a fee of $5 for registration stickers or digital registration stickers issued on or before February 28, 2005 and $20 for registration stickers or digital registration stickers issued on or after March 1, 2005.
The Secretary of State may, in his discretion, assign a new number plate
or plates in lieu of a duplicate of the plate or plates so lost, stolen or
destroyed, but such assignment of a new plate or plates shall not affect
the right of the owner to secure a reassignment of his original
registration number in the manner provided in this Act. The fee for one new
number plate shall be $6, and for a pair of new number plates,
$9.
For the administration of this Section, the Secretary shall consider the
loss of a registration plate or digital registration plate or plates with properly affixed registration
stickers or digital registration stickers as requiring the payment of: (i) $11 for each duplicate issued on or before | | February 28, 2005 and $26 for each duplicate issued on or after March 1, 2005; or
|
| (ii) $14 for a pair of duplicate plates issued on or
| | before February 28, 2005 and $29 for a pair of duplicate plates issued on or after March 1, 2005.
|
|
(Source: P.A. 101-395, eff. 8-16-19.)
|
625 ILCS 5/3-821
(625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
Sec. 3-821. Miscellaneous registration and title fees.
(a) Except as provided under subsection (h), the fee to be paid to the Secretary of State for the following
certificates, registrations or evidences of proper registration, or for
corrected or duplicate documents shall be in accordance with the following
schedule:
|
Certificate of Title, except for an all-terrain | | vehicle, off-highway motorcycle, or motor home, mini | | motor home or van camper | $165 | Certificate of Title for a motor home, mini motor home, or van camper | $250 |
Certificate of Title for an all-terrain vehicle |
|
or off-highway motorcycle |
$30 |
Certificate of Title for an all-terrain
vehicle |
|
or off-highway motorcycle used for production |
|
agriculture, or accepted by a dealer in trade | $13 | Certificate of Title for a low-speed vehicle | $30 |
Transfer of Registration or any evidence of |
|
proper registration
|
$25 |
Duplicate Registration Card for plates or other |
|
evidence of proper registration |
$3 |
Duplicate Registration Sticker or Stickers, each | $20 |
Duplicate Certificate of Title | $50 |
Corrected Registration Card or Card for other |
|
evidence of proper registration |
$3 |
Corrected Certificate of Title |
$50 |
Salvage Certificate | $20 |
Fleet Reciprocity Permit |
$15 |
Prorate Decal |
$1 |
Prorate Backing Plate |
$3 |
Special Corrected Certificate of Title | $15
| Expedited Title Service (to be charged in addition to other applicable fees) | $30 | Dealer Lien Release Certificate of Title | $20 |
|
A special corrected certificate of title shall be issued (i) to remove a co-owner's name due to the death of the co-owner, to transfer title to a spouse if the decedent-spouse was the sole owner on the title, or due to a divorce; (ii) to change a co-owner's name due to a marriage; or (iii) due to a name change under Article XXI of the Code of Civil Procedure.
There shall be no fee paid for a Junking Certificate.
There shall be no fee paid for a certificate of title issued to a county when the vehicle is forfeited to the county under Article 36 of the Criminal Code of 2012.
For purposes of this Section, the fee for a corrected title application that also results in the issuance of a duplicate title shall be the same as the fee for a duplicate title.
(a-5) The Secretary of State may revoke a certificate of title and registration card and issue a corrected certificate of title and registration card, at no fee to the vehicle owner or lienholder, if there is proof that the vehicle identification number is erroneously shown on the original certificate of title.
(a-10) The Secretary of State may issue, in connection with the sale of a motor vehicle, a corrected title to a motor vehicle dealer upon application and submittal of a lien release letter from the lienholder listed in the files of the Secretary. In the case of a title issued by another state, the dealer must submit proof from the state that issued the last title. The corrected title, which shall be known as a dealer lien release certificate of title, shall be issued in the name of the vehicle owner without the named lienholder. If the motor vehicle is currently titled in a state other than Illinois, the applicant must submit either (i) a letter from the current lienholder releasing the lien and stating that the lienholder has possession of the title; or (ii) a letter from the current lienholder releasing the lien and a copy of the records of the department of motor vehicles for the state in which the vehicle is titled, showing that the vehicle is titled in the name of the applicant and that no liens are recorded other than the lien for which a release has been submitted. The fee for the dealer lien release certificate of title is $20.
(b) The Secretary may prescribe the maximum service charge to be
imposed upon an applicant for renewal of a registration by any person
authorized by law to receive and remit or transmit to the Secretary such
renewal application and fees therewith.
(c) If payment is delivered to the Office of the Secretary of State
as payment of any fee or tax under this Code, and such payment is not
honored for any reason, the registrant
or other person tendering the payment remains liable for the payment of
such fee or tax. The Secretary of State may assess a service charge of $25
in addition to the fee or tax due and owing for all dishonored payments.
If the total amount then due and owing exceeds the sum of $100 and
has not been paid in full within 60 days from the date the dishonored payment was first delivered to the Secretary of State, the Secretary of State shall
assess a penalty of 25% of such amount remaining unpaid.
All amounts payable under this Section shall be computed to the
nearest dollar. Out of each fee collected for dishonored payments, $5 shall be deposited in the Secretary of State Special Services Fund.
(d) The minimum fee and tax to be paid by any applicant for
apportionment of a fleet of vehicles under this Code shall be $15
if the application was filed on or before the date specified by the
Secretary together with fees and taxes due. If an application and the
fees or taxes due are filed after the date specified by the Secretary,
the Secretary may prescribe the payment of interest at the rate of 1/2
of 1% per month or fraction thereof after such due date and a minimum of
$8.
(e) Trucks, truck tractors, truck tractors with loads, and motor buses,
any one of which having a combined total weight in excess of 12,000 lbs.
shall file an application for a Fleet Reciprocity Permit issued by the
Secretary of State. This permit shall be in the possession of any driver
operating a vehicle on Illinois highways. Any foreign licensed vehicle of the
second division operating at any time in Illinois without a Fleet Reciprocity
Permit or other proper Illinois registration, shall subject the operator to the
penalties provided in Section 3-834 of this Code. For the purposes of this
Code, "Fleet Reciprocity Permit" means any second division motor vehicle with a
foreign license and used only in interstate transportation of goods. The fee
for such permit shall be $15 per fleet which shall include all
vehicles of the fleet being registered.
(f) For purposes of this Section, "all-terrain vehicle or off-highway
motorcycle used for production agriculture" means any all-terrain vehicle or
off-highway motorcycle used in the raising
of or the propagation of livestock, crops for sale for human consumption,
crops for livestock consumption, and production seed stock grown for the
propagation of feed grains and the husbandry of animals or for the purpose
of providing a food product, including the husbandry of blood stock as a
main source of providing a food product.
"All-terrain vehicle or off-highway motorcycle used in production agriculture"
also means any all-terrain vehicle or off-highway motorcycle used in animal
husbandry, floriculture, aquaculture, horticulture, and viticulture.
(g) All of the proceeds of the additional fees imposed by Public Act 96-34 shall be deposited into the Capital Projects Fund.
(h) The fee for a duplicate registration sticker or stickers shall be the amount required under subsection (a) or the vehicle's annual registration fee amount, whichever is less.
(i) All of the proceeds of (1) the additional fees imposed by Public Act 101-32, and (2) the $5 additional fee imposed by this amendatory Act of the 102nd General Assembly for a certificate of title for a motor vehicle other than an all-terrain vehicle, off-highway motorcycle, or motor home, mini motor home, or van camper shall be deposited into the Road Fund.
(j) Beginning July 1, 2023, the $10 additional fee imposed by this amendatory Act of the 103rd General Assembly for a Certificate of Title shall be deposited into the Secretary of State Special Services Fund.
(Source: P.A. 102-353, eff. 1-1-22; 103-8, eff. 7-1-23.)
|
625 ILCS 5/3-821.1
(625 ILCS 5/3-821.1)
Sec. 3-821.1.
Fees for record searches.
The fee to be paid to the
Secretary of State by any towing service requesting a record search shall be
in the amount the Secretary of State prescribes by rule.
(Source: P.A. 89-433, eff. 12-15-95.)
|
625 ILCS 5/3-821.2 (625 ILCS 5/3-821.2) Sec. 3-821.2. Delinquent registration renewal fee. (a) For registration renewal periods beginning on or after January 1, 2005, the Secretary of State may impose a delinquent registration renewal fee of $20 for the registration renewal of all passenger vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds if the application for registration renewal is received by the Secretary more than one month after the expiration of the most recent period during which the vehicle was registered. If a delinquent registration renewal fee is imposed, the Secretary shall not renew the registration of such a vehicle until the delinquent registration renewal fee has been paid, in addition to any other registration fees owed for the vehicle. Active duty military personnel stationed outside of Illinois shall not be required to pay the delinquent registration renewal fee. If a delinquent registration renewal fee is imposed, the Secretary shall adopt rules for the implementation of this Section. All fees collected under this Section shall be deposited into the General Revenue Fund.
(b) Notwithstanding the provisions of subsection (a), the Secretary of State shall not impose a delinquent registration renewal fee for the registration renewal of passenger vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds if a vehicle's registration expires during a period of time in which the Secretary is not sending registration renewal notices to owners of all of those vehicles with registration expiring at the same time as the applicable vehicle. It shall be an affirmative defense to a citation for an expired registration issued by any local, county, municipal, or State law enforcement agency within one month after the expiration of vehicle registration, that the expiration occurred during a period of time in which the Secretary was not sending registration renewal notices to owners of all passenger vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds with registration expiring at the same time as the applicable vehicle. A computer print-out of a page from the Secretary of State's official website setting forth the calendar months in which registration renewal notices were not sent to all owners of passenger vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds shall be admissible as evidence to establish the affirmative defense. The computer print-out shall be prima facie evidence of the correctness of the information contained in it. The changes made by this amendatory Act of the 99th General Assembly apply only to vehicle registrations that expire on or after the effective date of this amendatory Act of the 99th General Assembly. The provisions of this subsection (b), other than this sentence, are inoperative on and after June 30, 2017. (Source: P.A. 99-127, eff. 1-1-16; 99-887, eff. 8-25-16.) |
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.)
|
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.)
|
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.)
|
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.)
|
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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625 ILCS 5/3-908
(625 ILCS 5/3-908) (from Ch. 95 1/2, par. 3-908)
Sec. 3-908.
Location.
A licensee may not do business at a location not set forth in his
license, but the Secretary of State may issue an amended license covering
an additional location or locations, upon application therefor, the payment
of an additional license fee and the posting of the required bond for each
such location.
(Source: P.A. 76-1705.)
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625 ILCS 5/3-909
(625 ILCS 5/3-909) (from Ch. 95 1/2, par. 3-909)
Sec. 3-909.
Money accepted for remittance - Obligations of licensee.
Each licensee shall forward to the remittee all money accepted for
remittance not later than the fifth calendar day after the date upon which
such money was received by the licensee, and shall promptly fulfill any
other obligation it has undertaken in connection therewith.
(Source: P.A. 76-1705.)
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625 ILCS 5/3-910
(625 ILCS 5/3-910) (from Ch. 95 1/2, par. 3-910)
Sec. 3-910.
Records of transactions.
Each licensee shall maintain for a period of three years the following
records with reference to each transaction involving a remittance:
1. The address of the location at which the transaction occurred.
2. The name and address of the remitter.
3. The name and address of the remittee.
4. The purpose of the remittance.
5. The amount of money received for remittance.
6. The date of receipt of the money for remittance by the licensee.
7. The date such money was forwarded to the remittee.
8. If applicable, the date the license plate, vehicle tax sticker,
license or other instrument issued by the remittee, was delivered to the
remitter by the licensee.
(Source: P.A. 76-1705.)
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625 ILCS 5/3-911
(625 ILCS 5/3-911) (from Ch. 95 1/2, par. 3-911)
Sec. 3-911.
Examination of business.
The Secretary of State or any of his representatives designated by him
may examine the business of any person who acts, or may be acting, as a
remittance agent, to determine whether such person is complying with the
provisions of this Act and with such rules and regulations as may be
promulgated by the Secretary of State pursuant to its provisions. For that
purpose, the Secretary of State or his representatives shall have free
access to the offices, places of business, and records of any such person.
(Source: P.A. 76-1705.)
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625 ILCS 5/3-912
(625 ILCS 5/3-912) (from Ch. 95 1/2, par. 3-912)
Sec. 3-912.
Rules and regulations.
The Secretary of State may make such rules, regulations, direction,
orders, decisions and findings as may be necessary for the enforcement of
this Act and the purposes sought to be attained herein.
(Source: P.A. 76-1705.)
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625 ILCS 5/3-913
(625 ILCS 5/3-913) (from Ch. 95 1/2, par. 3-913)
Sec. 3-913. Hearings. Hearings under this Article shall be governed by Section 2-118 of this
Act and the Administrative Review Law as amended, shall apply to and
govern all proceedings for judicial review of any final order issued by the
Secretary of State.
(Source: P.A. 97-832, eff. 7-20-12.)
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625 ILCS 5/3-914
(625 ILCS 5/3-914) (from Ch. 95 1/2, par. 3-914)
Sec. 3-914.
Violations - Injunction.
The violation of any provision of this Act by any remittance agent may
be restrained by the issuance of an injunction by
the circuit court, against him and any other person who shall aid or abet him in
such violation, upon filing of a complaint by any person adversely affected
thereby, the State's Attorney of such county, or by the Attorney General of
the State of Illinois.
(Source: P.A. 79-1358.)
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625 ILCS 5/3-915
(625 ILCS 5/3-915) (from Ch. 95 1/2, par. 3-915)
Sec. 3-915.
Any person who violates, or who aids or abets another in the violation,
of any provision of this Act or any rule or regulation promulgated
thereunder, or does any act prohibited by this Act, or who fails, neglects,
or refuses to perform any duty required by any provision of this Act or
rule or regulation of the Secretary of State, within the time prescribed by
the Secretary of State, or who fails, neglects, or refuses to obey any
lawful order given or made by the Secretary of State, shall be guilty of a
Class B misdemeanor, and each such act, failure, neglect, or refusal shall
constitute a separate and distinct offense.
(Source: P.A. 77-2720 .)
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