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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 5/1-300
(625 ILCS 5/1-300) (from Ch. 95 1/2, par. 1-300)
Sec. 1-300.
(Blank).
(Source: Renumbered as 625 ILCS 5/1-158.5 by P.A. 90-89, eff. 1-1-98.)
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625 ILCS 5/Ch. 2
(625 ILCS 5/Ch. 2 heading)
CHAPTER 2.
THE SECRETARY OF STATE
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625 ILCS 5/2-101
(625 ILCS 5/2-101) (from Ch. 95 1/2, par. 2-101)
Sec. 2-101.
Administration vested in Secretary of State.
The Secretary of State is hereby vested with powers and duties and
jurisdiction of administering Chapters 2, 3, 4, 5, 6, 7, 8 and 9 of The
Illinois Vehicle Code.
(Source: P.A. 76-1586.)
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625 ILCS 5/2-102
(625 ILCS 5/2-102) (from Ch. 95 1/2, par. 2-102)
Sec. 2-102.
Organization of administration.
The Secretary of State shall organize the work of the administration of
the portion of this Act delegated to him in such manner as he may deem
necessary to carry out those provisions of this Act.
(Source: P.A. 76-1586.)
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625 ILCS 5/2-103
(625 ILCS 5/2-103) (from Ch. 95 1/2, par. 2-103)
Sec. 2-103.
Secretary of State to appoint subordinates.
The Secretary of State shall appoint such subordinate officers,
clerks, investigators, and other employees as may be necessary to carry
out the provisions of this Act.
(Source: P.A. 82-783.)
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625 ILCS 5/2-104
(625 ILCS 5/2-104) (from Ch. 95 1/2, par. 2-104)
Sec. 2-104.
Powers and duties of the Secretary of State.
(a) The administration of Chapters 2, 3, 4, 5, 6, 7, 8 and 9 of this Act
is vested in the Secretary of State, who is charged with the duty of
observing, administering and enforcing the provisions of this Act.
(b) The Secretary may from time to time make, amend, and rescind such
rules and regulations as may be necessary in the public interest to carry
out the provisions of this Act, including rules and regulations governing
procedures for the filing of applications and the issuance of licenses or
registrations thereunder. The rules and regulations adopted by the
Secretary of State under this Act shall be effective in the manner provided
for in "The Illinois Administrative Procedure Act", approved September 22,
1975, as amended.
(Source: P.A. 83-333.)
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625 ILCS 5/2-105
(625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
Sec. 2-105. Offices of Secretary of State. (a) The Secretary of State shall maintain offices in the State capital and
in such other places in the State as he may deem necessary to properly
carry out the powers and duties vested in him.
(b) The Secretary of State may construct and equip one or more buildings in
the State of Illinois outside of the County of Sangamon as he deems
necessary to properly carry out the powers and duties vested in him. The
Secretary of State may, on behalf of the State of Illinois, acquire public
or private property needed therefor by lease, purchase or eminent domain.
The care, custody and control of such sites and buildings constructed
thereon shall be vested in the Secretary of State. Expenditures for the
construction and equipping of any of such buildings upon premises owned by
another public entity shall not be subject to the provisions of any State
law requiring that the State be vested with absolute fee title to the
premises. The exercise of the authority vested in the Secretary of State by
this Section is subject to the appropriation of the necessary funds.
(c) Pursuant to Sections 1A-16.1, 1A-16.7, and 1A-25 of the Election Code,
the Secretary of State shall make driver services facilities available for use as places of accepting applications for voter registration.
(d) (Blank).
(e) Each person applying at a driver services facility for a driver's
license or permit, a corrected driver's license or permit, an Illinois
identification card or a corrected Illinois identification card
shall be notified, under the procedures set forth in Sections 1A-16.1 and 1A-16.7 of the Election Code, that unless he or she affirmatively declines, his or her personal information shall be transferred to the State Board of Elections for the purpose of creating an electronic voter registration application. Such notification may be made in
writing or verbally issued by an employee or the Secretary of State.
The Secretary of State shall promulgate such rules as may be necessary
for the efficient execution of his duties and the duties of his employees
under this Section.
(f) Any person applying at a driver services facility for issuance or renewal of a driver's license or Illinois Identification Card shall be provided, without charge, with a brochure warning the person of the dangers of financial identity theft. The Department of Financial and Professional Regulation shall prepare these brochures and provide them to the Secretary of State for distribution. The brochures shall (i) identify signs warning the reader that he or she might be an intended victim of the crime of financial identity theft, (ii) instruct the reader in how to proceed if the reader believes that he or she is the victim of the crime of identity theft, and (iii) provide the reader with names and telephone numbers of law enforcement and other governmental agencies that provide assistance to victims of financial identity theft. (g) The changes made by this amendatory Act of the 100th General Assembly shall be implemented no later than July 1, 2018. (Source: P.A. 100-464, eff. 8-28-17.)
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625 ILCS 5/2-105.5 (625 ILCS 5/2-105.5) Sec. 2-105.5. Eminent domain. Notwithstanding any other provision of this Code, any power granted under this Code to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
625 ILCS 5/2-106
(625 ILCS 5/2-106) (from Ch. 95 1/2, par. 2-106)
Sec. 2-106.
Secretary of State to prescribe forms.
The Secretary of State shall prescribe or provide suitable forms of
applications, certificates of title, registration cards, driver's licenses
and such other forms requisite or deemed necessary to carry out the
provisions of this Act and any other laws pertaining to vehicles the
enforcement and administration of which are vested in the Secretary of
State.
(Source: P.A. 76-1586.)
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625 ILCS 5/2-107
(625 ILCS 5/2-107) (from Ch. 95 1/2, par. 2-107)
Sec. 2-107.
Authority to administer oaths.
Officers and employees of the Secretary of State designated by him are,
for the purpose of administering the motor vehicle laws and any other laws
relating to the use and operation of motor vehicles, authorized to
administer oaths and acknowledge signatures, and shall do so without fee.
(Source: P.A. 76-1586.)
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625 ILCS 5/2-108
(625 ILCS 5/2-108) (from Ch. 95 1/2, par. 2-108)
Sec. 2-108.
Authority to certify copies of records.
The Secretary of State is hereby authorized to prepare under the seal of
the Secretary of State certified copies of any records of his office and
every such certified copy shall be admissible in any proceeding in any
court in like manner as the original thereof.
(Source: P.A. 76-1586.)
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625 ILCS 5/2-109
(625 ILCS 5/2-109) (from Ch. 95 1/2, par. 2-109)
Sec. 2-109.
Records of Secretary of State.
The Secretary of State may destroy any records of his office relating to
the administration of any laws relating to the use and operation of motor
vehicles the enforcement and administration of which are vested in him, if
such records have been maintained on file for 4 years. Such records may be
destroyed prior thereto with the approval of the State Records Commission.
(Source: P.A. 76-1586.)
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625 ILCS 5/2-109.1
(625 ILCS 5/2-109.1)
Sec. 2-109.1. Exchange of information.
(a) The Secretary of State shall exchange information with the
Department of Healthcare and Family Services which may be necessary for
the establishment of
paternity and the establishment, modification, and enforcement of child
support orders pursuant to
the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support
Act, the Uniform Interstate Family Support
Act, the Illinois Parentage Act of 1984, or the Illinois Parentage Act of 2015.
(b) Notwithstanding any provisions in this Code to the
contrary, the Secretary of State shall not be liable
to any person for any disclosure of information to the
Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) under subsection (a)
or for any
other action taken in good faith to comply with the requirements of
subsection (a).
(Source: P.A. 99-85, eff. 1-1-16.)
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625 ILCS 5/2-110 (625 ILCS 5/2-110) (from Ch. 95 1/2, par. 2-110)
Sec. 2-110. Authority to grant or refuse applications.
The Secretary of State shall examine and determine the genuineness,
regularity and legality of every application for registration of a vehicle,
for a certificate of title therefor, and for a driver's license and of any
other application lawfully made to the Secretary of State, and may in all
cases make investigation
and verify the information and the authenticity of the documents submitted
as may be deemed necessary or require additional
information, and shall reject any such application if not satisfied of the
genuineness, regularity or legality thereof or the truth of any statement
contained therein, or for any other reason, when authorized by law.
(Source: P.A. 93-895, eff. 1-1-05.)
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625 ILCS 5/2-111 (625 ILCS 5/2-111) (from Ch. 95 1/2, par. 2-111) Sec. 2-111. Seizure or confiscation of documents and plates.
(a) The Secretary of State or any law enforcement entity is
authorized to take possession of any certificate of title, registration
card, permit, license, registration plate or digital registration plate, plates, disability
license plate or parking decal or device, or registration sticker or digital registration sticker
issued by the Secretary upon expiration, revocation, cancellation, or suspension thereof,
or which is fictitious, or which has been unlawfully or erroneously issued.
Police officers who have seized such items shall return the items to the Secretary of State in a manner and form set forth by the Secretary in administrative rule to take possession of such item or items.
(b) The Secretary of State is authorized to confiscate any suspected
fraudulent,
fictitious, or altered documents submitted by an applicant in support of an
application for
a driver's license or permit.
(Source: P.A. 101-185, eff. 1-1-20; 101-395, eff. 8-16-19; 102-558, eff. 8-20-21.)
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625 ILCS 5/2-112
(625 ILCS 5/2-112) (from Ch. 95 1/2, par. 2-112)
Sec. 2-112. Distribution of synopsis laws.
(a) The Secretary of State may publish a synopsis or summary of the laws of
this State regulating the operation of vehicles and may deliver a copy
thereof without charge with each original vehicle registration and with
each original driver's license.
(b) The Secretary of State shall make any necessary revisions in its publications including, but not limited to, the Illinois Rules of the Road, to accurately conform its publications to the provisions of the Pedestrians with Disabilities Safety Act. (c) The Secretary of State shall include, in the Illinois Rules of the Road publication, information advising drivers to use the Dutch Reach method when opening a vehicle door after parallel parking on a street (checking the rear-view mirror, checking the side-view mirror, then opening the door with the right hand, thereby reducing the risk of injuring a bicyclist or opening the door in the path a vehicle approaching from behind). (d) The Secretary of State shall include, in the Illinois
Rules of the Road publication, information advising drivers to
use the zipper merge method when merging into a reduced number
of lanes (drivers in merging lanes are expected to use both
lanes to advance to the lane reduction point and merge at that
location, alternating turns). (e) The Secretary of State, in consultation with the Illinois State Police, shall include in the Illinois
Rules of the Road publication a description of law enforcement procedures during traffic stops and the actions that a motorist should take during a traffic stop, including appropriate interactions with law enforcement officers. (Source: P.A. 101-174, eff. 1-1-20; 102-455, eff. 1-1-22.)
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625 ILCS 5/2-113
(625 ILCS 5/2-113) (from Ch. 95 1/2, par. 2-113)
Sec. 2-113.
Secretary of State may subpoena witnesses and request the production of
books and records.
(a) The Secretary of State, or employees designated by him, may request
the production of pertinent books, records, letters, contracts or other
pertinent documents of any person licensed or required to be licensed or
registered under any chapter of this Act, for the purpose of investigations
or audits, which in the opinion of the Secretary of State, are necessary
and proper for the enforcement of this Act and the collection of any fees
or taxes required to be paid under this Act.
(b) For the purpose of all hearings which in the opinion of the
Secretary of State are necessary and proper for the enforcement of this
Act, the Secretary of State, or a person designated by him is empowered to
administer oaths and affirmations, subpoena witnesses, take evidence, and
require the production of any books, papers or other documents which the
Secretary of State, or a person designated by him, deems relevant or
material to the inquiry. Any circuit court of this State, upon application
by the Secretary of State and upon a proper showing may order the
attendance of witnesses, the production of books, papers, accounts and
documents and the giving of testimony before the Secretary of State, or a
person designated by him; and any failure to obey such order may be
punished by such circuit court as a contempt thereof. The fees of
subpoenaed witnesses under this Act for attendance and travel shall be the
same as fees of witnesses before the circuit courts of the State, such fees
to be paid when the witness is excused from further attendance, provided,
such witness is subpoenaed at the instance of the Secretary of State; and
payment of such fees shall be made and audited in the same manner as other
expenses of the Secretary of State. Whenever a subpoena is issued at the
request of a complainant or respondent or defendant as the case may be, the
Secretary of State may require that the cost of service and the fee of the
witness shall be borne by the party at whose instance the witness is
summoned. The Secretary of State shall have power in his discretion, to
require a deposit to cover the cost of such service and witness fees and
the payment of the legal witness fee and mileage to the witness served with
subpoena. A subpoena issued under the provisions of this Act shall be
served in the same manner as a subpoena issued out of a court.
(Source: P.A. 77-1541.)
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625 ILCS 5/2-114
(625 ILCS 5/2-114) (from Ch. 95 1/2, par. 2-114)
Sec. 2-114. Giving of notice.
Whenever the Secretary of State is authorized or required to give any
notice under this Act or other law regulating the operation of vehicles,
unless a different method of giving such notice is otherwise expressly
prescribed, such notice shall be given either by personal delivery thereof
to the person to be so notified or by deposit in the United States mail of
such notice in an envelope with postage prepaid, addressed to such person
at his address as shown by the records of the Office of the Secretary of
State. The giving of notice by mail is complete upon the expiration of 4
days after such deposit of said notice. Proof of the giving of notice in
either such manner may be made by the certificate of any officer or
employee of the Secretary of State or affidavit of any person over 18 years
of age, naming the person to whom such notice was given and specifying the
time, place and manner of the giving thereof.
The Secretary may include with the notice any material, from any source, relating to the donation of any vehicle to any charitable not-for-profit organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code.
(Source: P.A. 93-796, eff. 7-22-04.)
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625 ILCS 5/2-115
(625 ILCS 5/2-115) (from Ch. 95 1/2, par. 2-115)
Sec. 2-115. Investigators.
(a) The Secretary of State, for the purpose
of
more effectively carrying out the provisions of the laws in relation to
motor vehicles, shall have power to appoint such number of investigators as
he may deem necessary. It shall be the duty of such investigators to
investigate and enforce violations of the provisions of this
Act administered by the Secretary of State and provisions of Chapters 11,
12, 13, 14, and 15 and to investigate and report any violation by any person
who operates as a motor carrier of property as defined in Section 18-100 of
this Act and does not hold a valid certificate or permit. Such investigators
shall have and may exercise throughout the State all of the powers of
peace officers.
No person may be retained in service as an investigator under this
Section after he or she has reached 60 years of age, except for a person employed in the title of Capitol Police Investigator, in which case, that person may not be retained in service after that person has reached 65 years of age.
The Secretary of State must authorize to each investigator employed under
this
Section and to any other employee of the Office of the Secretary of State
exercising the
powers of a peace officer a distinct badge that, on its face, (i) clearly
states that the
badge is authorized by
the Office of the Secretary of State and (ii) contains a unique identifying
number.
No other badge shall be authorized by
the Office of the Secretary of State.
(b) The Secretary may expend such sums as he deems necessary from
Contractual
Services appropriations for the Department of Police
for the purchase of evidence, for the employment of persons to obtain
evidence, and for the payment for any goods or services related to
obtaining evidence. Such sums shall be advanced to investigators authorized by
the
Secretary to expend funds, on vouchers signed by the Secretary. In
addition, the Secretary of State is authorized to maintain one or more
commercial checking accounts with any State banking corporation or
corporations organized under or subject to the Illinois Banking Act for the
deposit and withdrawal of moneys to be used solely for the purchase of
evidence and for the employment of persons to obtain evidence, or for the
payment for any goods or services related to obtaining evidence; provided
that no check may be written on nor any withdrawal made from any such
account except on the written signatures of 2 persons designated by the
Secretary to write such checks and make such withdrawals, and provided
further that the balance of moneys on deposit in any such account shall not
exceed $5,000 at any time, nor shall any one check written on or single
withdrawal made from any such account exceed $5,000.
All fines or moneys collected or received by the Department of Police under
any State or federal forfeiture statute; including, but not limited to moneys
forfeited under Section 12 of the Cannabis Control Act, moneys forfeited under Section 85 of the Methamphetamine Control and Community Protection Act,
and moneys distributed
under Section 413 of the Illinois Controlled Substances Act, shall be deposited
into the Secretary of State Evidence Fund.
In all convictions for offenses in violation of this Act, the Court may
order restitution to the Secretary of any or all sums expended for the
purchase of evidence, for the employment of persons to obtain evidence,
and for the payment for any goods or services related to obtaining evidence.
All such restitution received by the Secretary shall be deposited into the
Secretary of State Evidence Fund. Moneys deposited into the fund shall,
subject to appropriation, be used by the Secretary of State for the
purposes provided for under the provisions of this Section.
(Source: P.A. 100-201, eff. 8-18-17; 101-610, eff. 1-1-20.)
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625 ILCS 5/2-116
(625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)
Sec. 2-116. Secretary of State Department of Police.
(a) The Secretary of State and the officers, inspectors, and
investigators appointed by him shall cooperate with the Illinois State Police and
the sheriffs and police in enforcing the laws regulating the operation of
vehicles and the use of the highways.
(b) The Secretary of State may provide training and education for
members of his office in traffic regulation, the promotion of traffic
safety and the enforcement of laws vested in the Secretary of State for
administration and enforcement regulating the operation of vehicles and the
use of the highways.
(c) The Secretary of State may provide distinctive uniforms and badges
for officers, inspectors and investigators employed in the administration
of laws relating to the operation of vehicles and the use of the highways
and vesting the administration and enforcement of such laws in the
Secretary of State.
(c-5) The Director of the Secretary of State Department of Police shall establish a program to allow a Secretary of State Police officer, inspector, or investigator who is honorably retiring in good standing to purchase either one or both of the following: (1) any Secretary of State Department of Police badge previously issued to that officer, inspector, or investigator; or (2) if the officer, inspector, or investigator has a currently valid Firearm Owner's Identification Card, the service firearm issued or previously issued to the officer, inspector, or investigator by the Secretary of State Department of Police. The cost of the firearm shall be the replacement value of the firearm and not the firearm's fair market value. (d) The Secretary of State Department of Police is authorized to:
(1) investigate the origins, activities, persons, and | | incidents of crime and the ways and means, if any, to redress the victims of crimes, and study the impact, if any, of legislation relative to the criminal laws of this State related thereto and conduct any other investigations as may be provided by law;
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(2) employ skilled experts, technicians,
| | investigators, special agents, or otherwise specially qualified persons to aid in preventing or detecting crime, apprehending criminals, or preparing and presenting evidence of violations of the criminal laws of the State;
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(3) cooperate with the police of cities, villages,
| | and incorporated towns, and with the police officers of any county, in enforcing the laws of the State and in making arrests;
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(4) provide, as may be required by law, assistance to
| | local law enforcement agencies through training, management, and consultant services for local law enforcement agencies, pertaining to law enforcement activities;
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(5) exercise the rights, powers, and duties which
| | have been vested in it by the Secretary of State Act and this Code; and
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(6) enforce and administer any other laws in relation
| | to law enforcement as may be vested in the Secretary of State Department of Police.
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Persons within the Secretary of State Department of Police who exercise
these powers are conservators of the peace and have all the powers possessed
by policemen in municipalities and sheriffs, and may exercise these powers
anywhere in the State in cooperation with local
law enforcement officials. These
persons may use false or fictitious names in the performance of their duties
under this Section, upon approval of the Director of Police-Secretary of
State, and shall not be subject to prosecution under the criminal laws for that
use.
(e) The Secretary of State Department of Police may charge, collect, and
receive fees or moneys equivalent to the cost of providing its personnel,
equipment, and services to governmental agencies when explicitly requested by
a governmental agency and according to an intergovernmental agreement or
memorandums of understanding as provided by this Section, including but not
limited to fees or moneys equivalent to the cost of providing training to other
governmental agencies on terms and conditions that in the judgment of the
Director of Police-Secretary of State are in the best interest of the
Secretary of State. All fees received by the Secretary of State Police
Department under this Act shall be deposited in a special fund in the State
Treasury to be known as
the Secretary of State Police Services Fund. The money deposited in the
Secretary of State Police Services Fund shall be appropriated to the Secretary
of State Department of Police as provided for in subsection (g).
(f) The Secretary of State Department of Police may apply for grants or
contracts and receive, expend, allocate, or disburse moneys made
available by public or private entities, including, but not limited to,
contracts,
bequests, grants, or receiving equipment from corporations, foundations, or
public or private institutions of higher learning.
(g) The Secretary of State Police Services Fund is hereby created as a
special fund in the State Treasury. All moneys received under this Section by
the Secretary of
State
Department of Police shall be deposited into the Secretary of State Police
Services Fund to be appropriated to the Secretary of State Department of Police
for purposes as indicated by the grantor or contractor or, in the case of
moneys bequeathed or granted for no specific purpose, for any purpose as
deemed appropriate by the Director of Police-Secretary of State in
administering the responsibilities of the Secretary of State Department of
Police.
(Source: P.A. 102-538, eff. 8-20-21.)
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625 ILCS 5/2-117
(625 ILCS 5/2-117) (from Ch. 95 1/2, par. 2-117)
Sec. 2-117.
Injunction.
Whenever it shall appear to the Secretary of State that any person is
engaged or about to engage in any acts or practices which constitute or
will constitute a violation of the provisions of this Act, or of any rule
or regulation prescribed under authority thereof, the Secretary of State
may in his or her discretion, through the Attorney General, apply for an
injunction without notice, and upon a proper showing,
the circuit court shall have power to enter a permanent or
preliminary
injunction or a temporary restraining order without bond, to enforce
the provisions of
this Act, in addition to the penalties and other remedies in this Act
provided; and either party may appeal as in other civil cases.
(Source: P.A. 83-342.)
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625 ILCS 5/2-118
(625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)
Sec. 2-118. Hearings.
(a) Upon the suspension, revocation or denial of
the issuance of a license, permit, registration or certificate of title
under this Code of any person the Secretary of State shall immediately
notify such person in writing and upon his written request shall, within 20
days after receipt thereof, set a date for a hearing to commence within 90
calendar days from the date of the written request for all requests related to
a suspension, revocation, or the denial of the issuance of a license, permit,
registration, or certificate of title occurring after July 1, 2002, in the
County of
Sangamon, the County of Jefferson, or the County of Cook, as such
person may specify, unless both
parties agree that such hearing may be held in some other county.
The Secretary may require the payment of a fee of not more than $50 for the
filing of any petition, motion, or request for hearing conducted pursuant to
this Section. These fees must be deposited into the Secretary of State DUI
Administration Fund, a special fund created in the State treasury, and, subject
to appropriation and as directed by the Secretary of State, shall be used for
operation of the Department of Administrative Hearings of the Office of the
Secretary of
State
and for no other purpose. The
Secretary shall establish by rule the amount and the procedures, terms, and
conditions relating to these fees.
(b) At any time after the suspension, revocation or denial of a license,
permit, registration or certificate of title of any person as
hereinbefore referred to, the Secretary of State, in his or her discretion
and
without the necessity of a request by such person, may hold such a hearing,
upon not less than 10 days' notice in writing, in the Counties of Sangamon,
Jefferson,
or Cook or in any other county agreed to by the parties.
(c) Upon any such hearing, the Secretary of State, or his authorized
agent may administer oaths and issue subpoenas for the attendance of
witnesses and the production of relevant books and records and may require
an examination of such person. Upon any such hearing, the Secretary of
State shall either rescind or, good cause appearing therefor, continue,
change or extend the Order of Revocation or Suspension, or upon petition
therefore and subject to the provisions of this Code, issue a restricted
driving permit or reinstate the license or permit of such person.
(d) All hearings and hearing procedures shall comply with requirements
of the Constitution, so that no person is deprived of due process of law
nor denied equal protection of the laws. All hearings shall be held before
the Secretary of State or before such persons as may be designated by the
Secretary of State and appropriate records of such hearings shall be kept.
Where a transcript of the hearing is taken, the person requesting the
hearing shall have the opportunity to order a copy thereof at his own
expense.
The Secretary of State shall enter an order upon any hearing conducted
under this Section, related to a suspension, revocation, or the denial of
the issuance of a license, permit, registration, or certificate of title
occurring after July 1, 2002, within 90 days of its conclusion and shall
immediately notify the person in writing of his or her action.
(d-5) Any hearing over which the Secretary of State has jurisdiction because of a person's implied consent to testing of the person's blood, breath, other bodily substance, or urine for the presence of alcohol, drugs, or intoxicating compounds may be conducted upon a review of the official police reports. Either party, however, may subpoena the arresting officer and any other law enforcement officer who was involved in the petitioner's arrest or processing after arrest, as well as any other person whose testimony may be probative to the issues at the hearing. The failure of a law enforcement officer to answer the subpoena shall be considered grounds for a continuance if, in the hearing officer's discretion, the continuance is appropriate. The failure of the arresting officer to answer a subpoena shall not, in and of itself, be considered grounds for the rescission of an implied consent suspension. Rather, the hearing shall proceed on the basis of the other evidence available, and the hearing officer shall assign this evidence whatever probative value is deemed appropriate. The decision whether to rescind shall be based upon the totality of the evidence.
(e) The action of the
Secretary of State in suspending, revoking or denying any license, permit,
registration, or certificate of title shall be subject to judicial review
in the
Circuit Court of Sangamon County, in the Circuit Court of Jefferson County,
or in the Circuit Court of Cook County, and the
provisions of the Administrative Review Law, and all amendments and
modifications thereto, and the rules adopted pursuant thereto, are hereby
adopted and shall apply to and govern every action for the judicial review of
final acts or decisions of the Secretary of State hereunder.
(Source: P.A. 99-697, eff. 7-29-16.)
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625 ILCS 5/2-118.1 (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1) (Text of Section before amendment by P.A. 102-982)
Sec. 2-118.1. Opportunity for hearing; statutory summary alcohol
or other drug related suspension or revocation pursuant to Section 11-501.1. (a) A statutory summary suspension or revocation of driving privileges under Section
11-501.1 shall not become effective until the person is notified in writing of
the impending suspension or revocation and informed that he may request a hearing in the
circuit court of venue under paragraph (b) of this Section and the statutory
summary suspension or revocation shall become effective as provided in Section 11-501.1. (b) Within 90 days after the notice of statutory summary
suspension or revocation served under Section
11-501.1, the person may make a written request for a judicial hearing in
the circuit court of venue. The request to the circuit court shall state
the grounds upon which the person seeks to have the statutory summary
suspension or revocation rescinded. Within 30 days after receipt of the written request
or the first appearance date on the Uniform Traffic Ticket issued pursuant
to a violation of Section 11-501, or a similar provision of a local
ordinance, the hearing shall be conducted by the circuit court having
jurisdiction. This judicial hearing, request, or process shall not stay or
delay the statutory summary suspension or revocation. The hearings shall proceed in the
court in the same manner as in other civil proceedings. The hearing may be conducted upon a review of the law enforcement
officer's own official reports; provided however, that the person may
subpoena the officer. Failure of the officer to answer the subpoena shall
be considered grounds for a continuance if in the court's discretion the
continuance is appropriate. The scope of the hearing shall be limited to the issues of: 1. Whether the person was placed under arrest for an | | offense as defined in Section 11-501, or a similar provision of a local ordinance, as evidenced by the issuance of a Uniform Traffic Ticket, or issued a Uniform Traffic Ticket out of state as provided in subsection (a) of Section 11-501.1; and
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| 2. Whether the officer had reasonable grounds to
| | believe that the person was driving or in actual physical control of a motor vehicle upon a highway while under the influence of alcohol, other drug, or combination of both; and
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| 3. Whether the person, after being advised by the
| | officer that the privilege to operate a motor vehicle would be suspended or revoked if the person refused to submit to and complete the test or tests, did refuse to submit to or complete the test or tests to determine the person's blood alcohol or drug concentration; or
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| 4. Whether the person, after being advised by the
| | officer that the privilege to operate a motor vehicle would be suspended if the person submits to a chemical test, or tests, and the test discloses an alcohol concentration of 0.08 or more, a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug, substance, or compound in the person's blood, other bodily substance, or urine resulting from the unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound as listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, and the person did submit to and complete the test or tests that determined an alcohol concentration of 0.08 or more.
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| 4.2. (Blank).
4.5. (Blank).
5. If the person's driving privileges were revoked,
| | whether the person was involved in a motor vehicle accident that caused Type A injury or death to another.
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| Upon the conclusion of the judicial hearing, the circuit court shall
sustain or rescind the statutory summary suspension or revocation and immediately notify
the Secretary of State. Reports received by the Secretary of State under
this Section shall be privileged information and for use only by the
courts, police officers, and Secretary of State.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; 99-697, eff. 7-29-16.)
(Text of Section after amendment by P.A. 102-982)
Sec. 2-118.1. Opportunity for hearing; statutory summary alcohol
or other drug related suspension or revocation pursuant to Section 11-501.1.
(a) A statutory summary suspension or revocation of driving privileges under Section
11-501.1 shall not become effective until the person is notified in writing of
the impending suspension or revocation and informed that he may request a hearing in the
circuit court of venue under paragraph (b) of this Section and the statutory
summary suspension or revocation shall become effective as provided in Section 11-501.1.
(b) Within 90 days after the notice of statutory summary
suspension or revocation served under Section
11-501.1, the person may make a written request for a judicial hearing in
the circuit court of venue. The request to the circuit court shall state
the grounds upon which the person seeks to have the statutory summary
suspension or revocation rescinded. Within 30 days after receipt of the written request
or the first appearance date on the Uniform Traffic Ticket issued pursuant
to a violation of Section 11-501, or a similar provision of a local
ordinance, the hearing shall be conducted by the circuit court having
jurisdiction. This judicial hearing, request, or process shall not stay or
delay the statutory summary suspension or revocation. The hearings shall proceed in the
court in the same manner as in other civil proceedings.
The hearing may be conducted upon a review of the law enforcement
officer's own official reports; provided however, that the person may
subpoena the officer. Failure of the officer to answer the subpoena shall
be considered grounds for a continuance if in the court's discretion the
continuance is appropriate.
The scope of the hearing shall be limited to the issues of:
1. Whether the person was placed under arrest for an
| | offense as defined in Section 11-501, or a similar provision of a local ordinance, as evidenced by the issuance of a Uniform Traffic Ticket, or issued a Uniform Traffic Ticket out of state as provided in subsection (a) of Section 11-501.1; and
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| 2. Whether the officer had reasonable grounds to
| | believe that the person was driving or in actual physical control of a motor vehicle upon a highway while under the influence of alcohol, other drug, or combination of both; and
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| 3. Whether the person, after being advised by the
| | officer that the privilege to operate a motor vehicle would be suspended or revoked if the person refused to submit to and complete the test or tests, did refuse to submit to or complete the test or tests to determine the person's blood alcohol or drug concentration; or
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| 4. Whether the person, after being advised by the
| | officer that the privilege to operate a motor vehicle would be suspended if the person submits to a chemical test, or tests, and the test discloses an alcohol concentration of 0.08 or more, a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug, substance, or compound in the person's blood, other bodily substance, or urine resulting from the unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound as listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, and the person did submit to and complete the test or tests that determined an alcohol concentration of 0.08 or more.
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| 4.2. (Blank).
4.5. (Blank).
5. If the person's driving privileges were revoked,
| | whether the person was involved in a motor vehicle crash that caused Type A injury or death to another.
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| Upon the conclusion of the judicial hearing, the circuit court shall
sustain or rescind the statutory summary suspension or revocation and immediately notify
the Secretary of State. Reports received by the Secretary of State under
this Section shall be privileged information and for use only by the
courts, police officers, and Secretary of State.
(Source: P.A. 102-982, eff. 7-1-23.)
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625 ILCS 5/2-118.2 (625 ILCS 5/2-118.2) Sec. 2-118.2. Opportunity for hearing; cannabis-related suspension under Section 11-501.9. (a) A suspension of driving privileges under Section 11-501.9 of this Code shall not become effective until the person is notified in writing of the impending suspension and informed that he or she may request a hearing in the circuit court of venue under subsection (b) of this Section and the suspension shall become effective as provided in Section 11-501.9. (b) Within 90 days after the notice of suspension served under Section 11-501.9, the person may make a written request for a judicial hearing in the circuit court of venue. The request to the circuit court shall state the grounds upon which the person seeks to have the suspension rescinded. Within 30 days after receipt of the written request or the first appearance date on the Uniform Traffic Ticket issued for a violation of Section 11-501 of this Code, or a similar provision of a local ordinance, the hearing shall be conducted by the circuit court having jurisdiction. This judicial hearing, request, or process shall not stay or delay the suspension. The hearing shall proceed in the court in the same manner as in other civil proceedings. The hearing may be conducted upon a review of the law enforcement officer's own official reports; provided however, that the person may subpoena the officer. Failure of the officer to answer the subpoena shall be considered grounds for a continuance if in the court's discretion the continuance is appropriate. The scope of the hearing shall be limited to the issues of: (1) Whether the officer had reasonable suspicion | | to believe that the person was driving or in actual physical control of a motor vehicle upon a highway while impaired by the use of cannabis; and
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| (2) Whether the person, after being advised by the
| | officer that the privilege to operate a motor vehicle would be suspended if the person refused to submit to and complete field sobriety tests or validated roadside chemical tests, did refuse to submit to or complete field sobriety tests or validated roadside chemical tests authorized under Section 11-501.9; and
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| (3) Whether the person after being advised by the
| | officer that the privilege to operate a motor vehicle would be suspended if the person submitted to field sobriety tests or validated roadside chemical tests that disclosed the person was impaired by the use of cannabis, did submit to field sobriety tests or validated roadside chemical tests that disclosed that the person was impaired by the use of cannabis.
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| Upon the conclusion of the judicial hearing, the circuit court shall sustain or rescind the suspension and immediately notify the Secretary of State. Reports received by the Secretary of State under this Section shall be privileged information and for use only by the courts, police officers, and Secretary of State.
(Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19; 101-593, eff. 12-4-19.)
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625 ILCS 5/2-119
(625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
Sec. 2-119. Disposition of fees and taxes.
(a) All moneys received from Salvage Certificates shall be deposited in
the Common School Fund in the State Treasury.
(b) Of the money collected for each certificate of title, duplicate certificate of title, and corrected certificate of title: (1) $2.60 shall be deposited in the Park and | | (2) $0.65 shall be deposited in the Illinois
| | Fisheries Management Fund;
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| (3) $48 shall be disbursed under subsection (g) of
| | (4) $4 shall be deposited into the Motor Vehicle
| | (5) $30 shall be deposited into the Capital
| | All remaining moneys collected for certificates of title, and all moneys collected for filing of security interests, shall be deposited in the General Revenue Fund.
The $20 collected for each delinquent vehicle registration renewal fee shall be deposited into the General Revenue Fund.
The moneys deposited in the Park and Conservation Fund under this Section shall be used for the acquisition and development of bike paths as provided for in Section 805-420 of the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. The moneys deposited into the Park and Conservation Fund under this subsection shall not be subject to administrative charges or chargebacks, unless otherwise authorized by this Code.
If the balance in the Motor Vehicle License Plate Fund exceeds $40,000,000 on the last day of a calendar month, then during the next calendar month, the $4 that otherwise would be deposited in that fund shall instead be deposited into the Road Fund.
(c) All moneys collected for that portion of a driver's license fee
designated for driver education under Section 6-118 shall be placed in
the Drivers Education Fund in the State Treasury.
(d) Of the moneys collected as a registration fee for each motorcycle, motor driven cycle, and moped, 27% shall be deposited in the Cycle Rider Safety Training Fund.
(e) (Blank).
(f) Of the total money collected for a commercial learner's permit (CLP) or
original or renewal issuance of a commercial driver's license (CDL)
pursuant to the Uniform Commercial Driver's License Act (UCDLA): (i) $6 of the
total fee for an original or renewal CDL, and $6 of the total CLP fee when such permit is issued to any person holding a
valid Illinois driver's license, shall be paid into the CDLIS/AAMVAnet/NMVTIS
Trust Fund (Commercial Driver's License Information System/American
Association of Motor Vehicle Administrators network/National Motor Vehicle Title Information Service Trust Fund) and shall
be used for the purposes provided in Section 6z-23 of the State Finance Act
and (ii) $20 of the total fee for an original or renewal CDL or CLP shall be paid
into the Motor Carrier Safety Inspection Fund, which is hereby created as a
special fund in the State Treasury, to be used by
the Illinois State Police, subject to appropriation, to hire additional officers to
conduct motor carrier safety
inspections
pursuant to Chapter 18b of this Code.
(g) Of the moneys received by the Secretary of State as registration fees or taxes, certificates of title, duplicate certificates of title, corrected certificates of title, or as payment of any other fee under this Code, when those moneys are not otherwise distributed by this Code, 37% shall be deposited into the State Construction Account Fund, and 63% shall be deposited in the Road Fund. Moneys in the Road Fund shall be used for the purposes provided in Section 8.3 of the State Finance Act.
(h) (Blank).
(i) (Blank).
(j) (Blank).
(k) There is created in the State Treasury a special fund to be known as
the Secretary of State Special License Plate Fund. Money deposited into the
Fund shall, subject to appropriation, be used by the Office of the Secretary
of State (i) to help defray plate manufacturing and plate processing costs
for the issuance and, when applicable, renewal of any new or existing
registration plates authorized under this Code and (ii) for grants made by the
Secretary of State to benefit Illinois Veterans Home libraries.
(l) The Motor Vehicle Review Board Fund is created as a special fund in
the State Treasury. Moneys deposited into the Fund under paragraph (7) of
subsection (b) of Section 5-101 and Section 5-109 shall,
subject to appropriation, be used by the Office of the Secretary of State to
administer the Motor Vehicle Review Board, including without
limitation payment of compensation and all necessary expenses incurred in
administering the Motor Vehicle Review Board under the Motor Vehicle Franchise
Act.
(m) Effective July 1, 1996, there is created in the State
Treasury a special fund to be known as the Family Responsibility Fund. Moneys
deposited into the Fund shall, subject to appropriation, be used by the Office
of the Secretary of State for the purpose of enforcing the Family Financial
Responsibility Law.
(n) The Illinois Fire Fighters' Memorial Fund is created as a special
fund in the State Treasury. Moneys deposited into the Fund shall, subject
to appropriation, be used by the Office of the State Fire Marshal for
construction of the Illinois Fire Fighters' Memorial to be located at the
State Capitol grounds in Springfield, Illinois. Upon the completion of the
Memorial, moneys in the Fund shall be used in accordance with Section 3-634.
(o) Of the money collected for each certificate of title for all-terrain
vehicles and off-highway motorcycles, $17 shall be deposited into the
Off-Highway Vehicle Trails Fund.
(p) For audits conducted on or after July 1, 2003 pursuant to Section
2-124(d) of this Code, 50% of the money collected as audit fees shall be
deposited
into the General Revenue Fund.
(Source: P.A. 102-538, eff. 8-20-21.)
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625 ILCS 5/2-120
(625 ILCS 5/2-120) (from Ch. 95 1/2, par. 2-120)
Sec. 2-120. Disposition of fines and forfeitures.
(a) Fines and
penalties recovered under the provisions of this Act administered by the
Secretary of State, except those fines, assessments, and penalties subject to
disbursement by the circuit clerk under the Criminal and Traffic Assessment Act, shall be paid over and used as follows:
1. For violations of this Act committed within the | | limits of an incorporated city or village, to the treasurer of the particular city or village, if arrested by the authorities of the city or village and reasonably prosecuted for all fines and penalties under this Act by the police officers and officials of the city or village.
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2. For violations of this Act committed outside the
| | limits of an incorporated city or village to the county treasurer of the court where the offense was committed.
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3. For the purposes of this Act an offense for
| | violation of any provision of this Act not committed upon the highway shall be deemed to be committed where the violator resides or where he has a place of business requiring some registration, permit or license to operate such business under this Act.
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(b) Failure, refusal or neglect on the part of any
judicial or other officer or employee receiving or having custody of any
such fine or forfeiture either before or after a deposit with the proper
official as defined in paragraph (a) of this Section, shall constitute
misconduct in office and shall be grounds for removal therefrom.
(Source: P.A. 100-987, eff. 7-1-19.)
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625 ILCS 5/2-121
(625 ILCS 5/2-121) (from Ch. 95 1/2, par. 2-121)
Sec. 2-121.
Local Government tax.
(a) No owner of a vehicle who shall have obtained a certificate from the
Secretary of State and paid the registration fee and tax as provided in
this Act, shall be required by any county, city, village, incorporated
town,
or
other municipal corporation within the State other than a county, city,
village,
incorporated town, or other municipal corporation in which the
owner
resides
or in which a vehicle has its situs or base, to pay any tax or license fee
for the use of the vehicle. The county, city, village, or incorporated
town
in which the
owner resides or in which a vehicle has its situs or base, except commercial
motor vehicles as defined in paragraph (2) of Section 18b-101 that are
registered under Section 3-402.1, may impose a tax or license fee as is
provided in Section 8-11-4 of the
Illinois Municipal Code or a similar county ordinance that imposes a tax or
license fee on an owner of a vehicle for the use of the vehicle.
Nor shall the owner be required to display upon his vehicle any plate
or tax or license number other than that issued by the Secretary of State
or by the county, city, village, incorporated town, or other municipal
corporation
within the State within which the owner resides or in which a vehicle has
its situs or base. However, a resident owner shall not be required to
display on his vehicle, the plate or tax or license number issued by the
county, city, village, or incorporated town of his residence if
his vehicle is
displaying the plate or tax or license number issued by the place wherein
the vehicle has its situs or base.
This subsection (a) applies to ordinances enacted by any county, city,
village, incorporated town, or other municipal corporation. Any provision of
an ordinance enacted by a county, city, village, incorporated town, or other
municipal corporation that is inconsistent with this subsection (a) is null and
void.
(b) No county, city, village, incorporated town, or other municipal
corporation, including a home rule unit, may impose a tax or license fee under
Section 8-11-4 of the Illinois Municipal Code, or impose a similar tax or
license fee under home rule powers, upon any commercial vehicle as defined in
paragraph (2) of Section 18b-101 that is registered under Section 3-402.1.
This subsection (b) is a denial and limitation of home rule powers and
functions under subsection (g) of Section 6 of Article VII of the Illinois
Constitution.
(Source: P.A. 90-433, eff. 8-16-97.)
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625 ILCS 5/2-122
(625 ILCS 5/2-122) (from Ch. 95 1/2, par. 2-122)
Sec. 2-122.
Remittance agents.
The Secretary of State shall administer the law relating to remittance
agents pursuant to the law.
(Source: P.A. 76-1586.)
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625 ILCS 5/2-123
(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
(Text of Section before amendment by P.A. 102-982)
Sec. 2-123. Sale and distribution of information.
(a) Except as otherwise provided in this Section, the Secretary may make the
driver's license, vehicle and title registration lists, in part or in whole,
and any statistical information derived from these lists available to local
governments, elected state officials, state educational institutions, and all
other governmental units of the State and Federal
Government
requesting them for governmental purposes. The Secretary shall require any such
applicant for services to pay for the costs of furnishing such services and the
use of the equipment involved, and in addition is empowered to establish prices
and charges for the services so furnished and for the use of the electronic
equipment utilized.
(b) The Secretary is further empowered to and he may, in his discretion,
furnish to any applicant, other than listed in subsection (a) of this Section,
vehicle or driver data on a computer tape, disk, other electronic format or
computer processable medium, or printout at a fixed fee of
$250 for orders received before October 1, 2003 and $500 for orders received
on or after October 1, 2003, in advance, and require in addition a
further sufficient
deposit based upon the Secretary of State's estimate of the total cost of the
information requested and a charge of $25 for orders received before October
1, 2003 and $50 for orders received on or after October 1, 2003, per 1,000
units or part
thereof identified or the actual cost, whichever is greater. The Secretary is
authorized to refund any difference between the additional deposit and the
actual cost of the request. This service shall not be in lieu of an abstract
of a driver's record nor of a title or registration search. This service may
be limited to entities purchasing a minimum number of records as required by
administrative rule. The information
sold pursuant to this subsection shall be the entire vehicle or driver data
list, or part thereof. The information sold pursuant to this subsection
shall not contain personally identifying information unless the information is
to be used for one of the purposes identified in subsection (f-5) of this
Section. Commercial purchasers of driver and vehicle record databases shall
enter into a written agreement with the Secretary of State that includes
disclosure of the commercial use of the information to be purchased. (b-1) The Secretary is further empowered to and may, in his or her discretion, furnish vehicle or driver data on a computer tape, disk, or other electronic format or computer processible medium, at no fee, to any State or local governmental agency that uses the information provided by the Secretary to transmit data back to the Secretary that enables the Secretary to maintain accurate driving records, including dispositions of traffic cases. This information may be provided without fee not more often than once every 6 months.
(c) Secretary of State may issue registration lists. The Secretary
of State may compile a list of all registered
vehicles. Each list of registered vehicles shall be arranged serially
according to the registration numbers assigned to registered vehicles and
may contain in addition the names and addresses of registered owners and
a brief description of each vehicle including the serial or other
identifying number thereof. Such compilation may be in such form as in the
discretion of the Secretary of State may seem best for the purposes intended.
(d) The Secretary of State shall furnish no more than 2 current available
lists of such registrations to the sheriffs of all counties and to the chiefs
of police of all cities and villages and towns of 2,000 population and over
in this State at no cost. Additional copies may be purchased by the sheriffs
or chiefs of police at the fee
of $500 each or at the cost of producing the list as determined
by the Secretary of State. Such lists are to be used for governmental
purposes only.
(e) (Blank).
(e-1) (Blank).
(f) The Secretary of State shall make a title or registration search of the
records of his office and a written report on the same for any person, upon
written application of such person, accompanied by a fee of $5 for
each registration or title search. The written application shall set forth
the intended use of the requested information. No fee shall be charged for a
title or
registration search, or for the certification thereof requested by a government
agency. The report of the title or registration search shall not contain
personally identifying information unless the request for a search was made for
one of the purposes identified in subsection (f-5) of this Section. The report of the title or registration search shall not contain highly
restricted personal
information unless specifically authorized by this Code.
The Secretary of State shall certify a title or registration record upon
written request. The fee for certification shall be $5 in addition
to the fee required for a title or registration search. Certification shall
be made under the signature of the Secretary of State and shall be
authenticated by Seal of the Secretary of State.
The Secretary of State may notify the vehicle owner or registrant of
the request for purchase of his title or registration information as the
Secretary deems appropriate.
No information shall be released to the requester until expiration of a 10-day
period. This 10-day period shall not apply to requests for
information made by law enforcement officials, government agencies,
financial institutions, attorneys, insurers, employers, automobile
associated businesses, persons licensed as a private detective or firms
licensed as a private detective agency under the Private Detective, Private
Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, who are employed by or are
acting on
behalf of law enforcement officials, government agencies, financial
institutions, attorneys, insurers, employers, automobile associated businesses,
and other business entities for purposes consistent with the Illinois Vehicle
Code, the vehicle owner or registrant or other entities as the Secretary may
exempt by rule and regulation.
Any misrepresentation made by a requester of title or vehicle information
shall be punishable as a petty offense, except in the case of persons
licensed as a private detective or firms licensed as a private detective agency
which shall be subject to disciplinary sanctions under Section 40-10 of the
Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
(f-5) The Secretary of State shall not disclose or otherwise make
available to
any person or entity any personally identifying information obtained by the
Secretary
of State in connection with a driver's license, vehicle, or title registration
record
unless the information is disclosed for one of the following purposes:
(1) For use by any government agency, including any | | court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, State, or local agency in carrying out its functions.
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(2) For use in connection with matters of motor
| | vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts, and dealers; and removal of non-owner records from the original owner records of motor vehicle manufacturers.
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(3) For use in the normal course of business by a
| | legitimate business or its agents, employees, or contractors, but only:
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(A) to verify the accuracy of personal
| | information submitted by an individual to the business or its agents, employees, or contractors; and
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(B) if such information as so submitted is not
| | correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.
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(4) For use in research activities and for use in
| | producing statistical reports, if the personally identifying information is not published, redisclosed, or used to contact individuals.
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(5) For use in connection with any civil, criminal,
| | administrative, or arbitral proceeding in any federal, State, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, State, or local court.
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(6) For use by any insurer or insurance support
| | organization or by a self-insured entity or its agents, employees, or contractors in connection with claims investigation activities, antifraud activities, rating, or underwriting.
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(7) For use in providing notice to the owners of
| | towed or impounded vehicles.
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(8) For use by any person licensed as a private
| | detective or firm licensed as a private detective agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, private investigative agency or security service licensed in Illinois for any purpose permitted under this subsection.
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(9) For use by an employer or its agent or insurer to
| | obtain or verify information relating to a holder of a commercial driver's license that is required under chapter 313 of title 49 of the United States Code.
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(10) For use in connection with the operation of
| | private toll transportation facilities.
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(11) For use by any requester, if the requester
| | demonstrates it has obtained the written consent of the individual to whom the information pertains.
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(12) For use by members of the news media, as defined
| | in Section 1-148.5, for the purpose of newsgathering when the request relates to the operation of a motor vehicle or public safety.
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(13) For any other use specifically authorized by
| | law, if that use is related to the operation of a motor vehicle or public safety.
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| (f-6) The Secretary of State shall not disclose or otherwise make
available to any
person or entity any highly restricted personal information obtained by the
Secretary of
State in connection with a driver's license, vehicle, or
title registration
record unless
specifically authorized by this Code.
(g) 1. The Secretary of State may, upon receipt of a written request
and a fee as set forth in Section 6-118, furnish to the person or agency so requesting a
driver's record or data contained therein. Such document may include a record of: current driver's
license issuance information, except that the information on judicial driving
permits shall be available only as otherwise provided by this Code;
convictions; orders entered revoking, suspending or cancelling a
driver's
license or privilege; and notations of accident involvement. All other
information, unless otherwise permitted by
this Code, shall remain confidential. Information released pursuant to a
request for a driver's record shall not contain personally identifying
information, unless the request for the driver's record was made for one of the
purposes set forth in subsection (f-5) of this Section. The Secretary of State may, without fee, allow a parent or guardian of a person under the age of 18 years, who holds an instruction permit or graduated driver's license, to view that person's driving record online, through a computer connection.
The parent or guardian's online access to the driving record will terminate when the instruction permit or graduated driver's license holder reaches the age of 18.
2. The Secretary of State shall not disclose or otherwise make available
to any
person or
entity any highly restricted personal information obtained by the Secretary of
State in
connection with a driver's license, vehicle, or title
registration record
unless specifically
authorized by this Code. The Secretary of State may certify an abstract of a driver's record
upon written request therefor. Such certification
shall be made under the signature of the Secretary of State and shall be
authenticated by the Seal of his office.
3. All requests for driving record information shall be made in a manner
prescribed by the Secretary and shall set forth the intended use of the
requested information.
The Secretary of State may notify the affected driver of the request
for purchase of his driver's record as the Secretary deems appropriate.
No information shall be released to the requester until expiration of a 10-day
period. This 10-day period shall not apply to requests for information
made by law enforcement officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated businesses, persons
licensed as a private detective or firms licensed as a private detective agency
under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act
of 2004,
who are employed by or are acting on behalf of law enforcement officials,
government agencies, financial institutions, attorneys, insurers, employers,
automobile associated businesses, and other business entities for purposes
consistent with the Illinois Vehicle Code, the affected driver or other
entities as the Secretary may exempt by rule and regulation.
Any misrepresentation made by a requester of driver information shall
be punishable as a petty offense, except in the case of persons licensed as
a private detective or firms licensed as a private detective agency which shall
be subject to disciplinary sanctions under Section 40-10 of the Private
Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
4. The Secretary of State may furnish without fee, upon the written
request of a law enforcement agency, any information from a driver's
record on file with the Secretary of State when such information is required
in the enforcement of this Code or any other law relating to the operation
of motor vehicles, including records of dispositions; documented
information involving the use of a motor vehicle; whether such individual
has, or previously had, a driver's license; and the address and personal
description as reflected on said driver's record.
5. Except as otherwise provided in this Section, the Secretary of
State may furnish, without fee, information from an individual driver's
record on file, if a written request therefor is submitted
by any public transit system or authority, public defender, law enforcement
agency, a state or federal agency, or an Illinois local intergovernmental
association, if the request is for the purpose of a background check of
applicants for employment with the requesting agency, or for the purpose of
an official investigation conducted by the agency, or to determine a
current address for the driver so public funds can be recovered or paid to
the driver, or for any other purpose set forth in subsection (f-5)
of this Section.
The Secretary may also furnish the courts a copy of an abstract of a
driver's record, without fee, subsequent to an arrest for a violation of
Section 11-501 or a similar provision of a local ordinance. Such abstract
may include records of dispositions; documented information involving
the use of a motor vehicle as contained in the current file; whether such
individual has, or previously had, a driver's license; and the address and
personal description as reflected on said driver's record.
6. Any certified abstract issued by the Secretary of State or
transmitted electronically by the Secretary of State pursuant to this
Section,
to a court or on request of a law enforcement agency, for the record of a
named person as to the status of the person's driver's license shall be
prima facie evidence of the facts therein stated and if the name appearing
in such abstract is the same as that of a person named in an information or
warrant, such abstract shall be prima facie evidence that the person named
in such information or warrant is the same person as the person named in
such abstract and shall be admissible for any prosecution under this Code and
be admitted as proof of any prior conviction or proof of records, notices, or
orders recorded on individual driving records maintained by the Secretary of
State.
7. Subject to any restrictions contained in the Juvenile Court Act of
1987, and upon receipt of a proper request and a fee as set forth in Section 6-118, the
Secretary of
State shall provide a driver's record or data contained therein to the affected driver, or the affected
driver's attorney, upon verification. Such record shall contain all the
information referred to in paragraph 1 of this subsection (g) plus: any
recorded accident involvement as a driver; information recorded pursuant to
subsection (e) of Section 6-117 and paragraph (4) of subsection (a) of
Section 6-204 of this Code. All other information, unless otherwise permitted
by this Code, shall remain confidential.
(h) The Secretary shall not disclose social security numbers or any associated information obtained from the Social Security Administration except pursuant
to a written request by, or with the prior written consent of, the
individual except: (1) to officers and employees of the Secretary
who
have a need to know the social security numbers in performance of their
official duties, (2) to law enforcement officials for a civil or
criminal law enforcement investigation, and if an officer of the law enforcement
agency has made a written request to the Secretary specifying the law
enforcement investigation for which the social security numbers are being
sought, though the Secretary retains the right to require additional verification regarding the validity of the request, (3) to the United States Department of Transportation, or any other
State, pursuant to the administration and enforcement of the Commercial
Motor Vehicle Safety Act of 1986 or participation in State-to-State verification service, (4) pursuant to the order of a court
of competent jurisdiction, (5) to the Department of Healthcare and Family Services (formerly Department of Public Aid) for
utilization
in the child support enforcement duties assigned to that Department under
provisions of the Illinois Public Aid Code after the individual has received advanced
meaningful notification of what redisclosure is sought by the Secretary in
accordance with the federal Privacy Act, (5.5) to the Department of Healthcare and Family Services and the Department of Human Services solely for the purpose of verifying Illinois residency where such residency is an eligibility requirement for benefits under the Illinois Public Aid Code or any other health benefit program administered by the Department of Healthcare and Family Services or the Department of Human Services, (6) to the Illinois Department of Revenue solely for use by the Department in the collection of any tax or debt that the Department of Revenue is authorized or required by law to collect, provided that the Department shall not disclose the social security number to any person or entity outside of the Department, (7) to the Illinois Department of Veterans' Affairs for the purpose of confirming veteran status, or (8) the last 4 digits to the Illinois State Board of Elections for purposes of voter registration and as may be required pursuant to an agreement for a multi-state voter registration list maintenance system. If social security information is disclosed by the Secretary in accordance with this Section, no liability shall rest with the Office of the Secretary of State or any of its officers or employees, as the information is released for official purposes only.
(i) (Blank).
(j) Medical statements or medical reports received in the Secretary of
State's Office shall be confidential. Except as provided in this Section, no confidential information may be
open to public inspection or the contents disclosed to anyone, except
officers and employees of the Secretary who have a need to know the information
contained in the medical reports and the Driver License Medical Advisory
Board, unless so directed by an order of a court of competent jurisdiction. If the Secretary receives a medical report regarding a driver that does not address a medical condition contained in a previous medical report, the Secretary may disclose the unaddressed medical condition to the driver or his or her physician, or both, solely for the purpose of submission of a medical report that addresses the condition.
(k) Disbursement of fees collected under this Section shall be as follows: (1) of the $12 fee for a driver's record, $3 shall be paid into the Secretary of State Special Services Fund, and $6 shall be paid into the General Revenue Fund; (2) 50% of the amounts collected under subsection (b) shall be paid into the General Revenue Fund; and (3) all remaining fees shall be disbursed under subsection (g) of Section 2-119 of this Code.
(l) (Blank).
(m) Notations of accident involvement that may be disclosed under this
Section shall not include notations relating to damage to a vehicle or other
property being transported by a tow truck. This information shall remain
confidential, provided that nothing in this subsection (m) shall limit
disclosure of any notification of accident involvement to any law enforcement
agency or official.
(n) Requests made by the news media for driver's license, vehicle, or
title registration information may be furnished without charge or at a reduced
charge, as determined by the Secretary, when the specific purpose for
requesting the documents is deemed to be in the public interest. Waiver or
reduction of the fee is in the public interest if the principal purpose of the
request is to access and disseminate information regarding the health, safety,
and welfare or the legal rights of the general public and is not for the
principal purpose of gaining a personal or commercial benefit.
The information provided pursuant to this subsection shall not contain
personally identifying information unless the information is to be used for one
of the
purposes identified in subsection (f-5) of this Section.
(o) The redisclosure of personally identifying information
obtained
pursuant
to this Section is prohibited, except to the extent necessary to effectuate the
purpose
for which the original disclosure of the information was permitted.
(p) The Secretary of State is empowered to adopt rules
to
effectuate this Section.
(Source: P.A. 100-590, eff. 6-8-18; 101-81, eff. 7-12-19; 101-326, eff. 8-9-19.)
(Text of Section after amendment by P.A. 102-982)
Sec. 2-123. Sale and distribution of information.
(a) Except as otherwise provided in this Section, the Secretary may make the
driver's license, vehicle and title registration lists, in part or in whole,
and any statistical information derived from these lists available to local
governments, elected state officials, state educational institutions, and all
other governmental units of the State and Federal
Government
requesting them for governmental purposes. The Secretary shall require any such
applicant for services to pay for the costs of furnishing such services and the
use of the equipment involved, and in addition is empowered to establish prices
and charges for the services so furnished and for the use of the electronic
equipment utilized.
(b) The Secretary is further empowered to and he may, in his discretion,
furnish to any applicant, other than listed in subsection (a) of this Section,
vehicle or driver data on a computer tape, disk, other electronic format or
computer processable medium, or printout at a fixed fee of
$250 for orders received before October 1, 2003 and $500 for orders received
on or after October 1, 2003, in advance, and require in addition a
further sufficient
deposit based upon the Secretary of State's estimate of the total cost of the
information requested and a charge of $25 for orders received before October
1, 2003 and $50 for orders received on or after October 1, 2003, per 1,000
units or part
thereof identified or the actual cost, whichever is greater. The Secretary is
authorized to refund any difference between the additional deposit and the
actual cost of the request. This service shall not be in lieu of an abstract
of a driver's record nor of a title or registration search. This service may
be limited to entities purchasing a minimum number of records as required by
administrative rule. The information
sold pursuant to this subsection shall be the entire vehicle or driver data
list, or part thereof. The information sold pursuant to this subsection
shall not contain personally identifying information unless the information is
to be used for one of the purposes identified in subsection (f-5) of this
Section. Commercial purchasers of driver and vehicle record databases shall
enter into a written agreement with the Secretary of State that includes
disclosure of the commercial use of the information to be purchased.
(b-1) The Secretary is further empowered to and may, in his or her discretion, furnish vehicle or driver data on a computer tape, disk, or other electronic format or computer processible medium, at no fee, to any State or local governmental agency that uses the information provided by the Secretary to transmit data back to the Secretary that enables the Secretary to maintain accurate driving records, including dispositions of traffic cases. This information may be provided without fee not more often than once every 6 months.
(c) Secretary of State may issue registration lists. The Secretary
of State may compile a list of all registered
vehicles. Each list of registered vehicles shall be arranged serially
according to the registration numbers assigned to registered vehicles and
may contain in addition the names and addresses of registered owners and
a brief description of each vehicle including the serial or other
identifying number thereof. Such compilation may be in such form as in the
discretion of the Secretary of State may seem best for the purposes intended.
(d) The Secretary of State shall furnish no more than 2 current available
lists of such registrations to the sheriffs of all counties and to the chiefs
of police of all cities and villages and towns of 2,000 population and over
in this State at no cost. Additional copies may be purchased by the sheriffs
or chiefs of police at the fee
of $500 each or at the cost of producing the list as determined
by the Secretary of State. Such lists are to be used for governmental
purposes only.
(e) (Blank).
(e-1) (Blank).
(f) The Secretary of State shall make a title or registration search of the
records of his office and a written report on the same for any person, upon
written application of such person, accompanied by a fee of $5 for
each registration or title search. The written application shall set forth
the intended use of the requested information. No fee shall be charged for a
title or
registration search, or for the certification thereof requested by a government
agency. The report of the title or registration search shall not contain
personally identifying information unless the request for a search was made for
one of the purposes identified in subsection (f-5) of this Section. The report of the title or registration search shall not contain highly
restricted personal
information unless specifically authorized by this Code.
The Secretary of State shall certify a title or registration record upon
written request. The fee for certification shall be $5 in addition
to the fee required for a title or registration search. Certification shall
be made under the signature of the Secretary of State and shall be
authenticated by Seal of the Secretary of State.
The Secretary of State may notify the vehicle owner or registrant of
the request for purchase of his title or registration information as the
Secretary deems appropriate.
No information shall be released to the requester until expiration of a 10-day
period. This 10-day period shall not apply to requests for
information made by law enforcement officials, government agencies,
financial institutions, attorneys, insurers, employers, automobile
associated businesses, persons licensed as a private detective or firms
licensed as a private detective agency under the Private Detective, Private
Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, who are employed by or are
acting on
behalf of law enforcement officials, government agencies, financial
institutions, attorneys, insurers, employers, automobile associated businesses,
and other business entities for purposes consistent with the Illinois Vehicle
Code, the vehicle owner or registrant or other entities as the Secretary may
exempt by rule and regulation.
Any misrepresentation made by a requester of title or vehicle information
shall be punishable as a petty offense, except in the case of persons
licensed as a private detective or firms licensed as a private detective agency
which shall be subject to disciplinary sanctions under Section 40-10 of the
Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
(f-5) The Secretary of State shall not disclose or otherwise make
available to
any person or entity any personally identifying information obtained by the
Secretary
of State in connection with a driver's license, vehicle, or title registration
record
unless the information is disclosed for one of the following purposes:
(1) For use by any government agency, including any
| | court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, State, or local agency in carrying out its functions.
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(2) For use in connection with matters of motor
| | vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts, and dealers; and removal of non-owner records from the original owner records of motor vehicle manufacturers.
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(3) For use in the normal course of business by a
| | legitimate business or its agents, employees, or contractors, but only:
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(A) to verify the accuracy of personal
| | information submitted by an individual to the business or its agents, employees, or contractors; and
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(B) if such information as so submitted is not
| | correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.
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(4) For use in research activities and for use in
| | producing statistical reports, if the personally identifying information is not published, redisclosed, or used to contact individuals.
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(5) For use in connection with any civil, criminal,
| | administrative, or arbitral proceeding in any federal, State, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, State, or local court.
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(6) For use by any insurer or insurance support
| | organization or by a self-insured entity or its agents, employees, or contractors in connection with claims investigation activities, antifraud activities, rating, or underwriting.
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(7) For use in providing notice to the owners of
| | towed or impounded vehicles.
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(8) For use by any person licensed as a private
| | detective or firm licensed as a private detective agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, private investigative agency or security service licensed in Illinois for any purpose permitted under this subsection.
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(9) For use by an employer or its agent or insurer to
| | obtain or verify information relating to a holder of a commercial driver's license that is required under chapter 313 of title 49 of the United States Code.
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(10) For use in connection with the operation of
| | private toll transportation facilities.
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(11) For use by any requester, if the requester
| | demonstrates it has obtained the written consent of the individual to whom the information pertains.
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(12) For use by members of the news media, as defined
| | in Section 1-148.5, for the purpose of newsgathering when the request relates to the operation of a motor vehicle or public safety.
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(13) For any other use specifically authorized by
| | law, if that use is related to the operation of a motor vehicle or public safety.
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| (f-6) The Secretary of State shall not disclose or otherwise make
available to any
person or entity any highly restricted personal information obtained by the
Secretary of
State in connection with a driver's license, vehicle, or
title registration
record unless
specifically authorized by this Code.
(g) 1. The Secretary of State may, upon receipt of a written request
and a fee as set forth in Section 6-118, furnish to the person or agency so requesting a
driver's record or data contained therein. Such document may include a record of: current driver's
license issuance information, except that the information on judicial driving
permits shall be available only as otherwise provided by this Code;
convictions; orders entered revoking, suspending or cancelling a
driver's
license or privilege; and notations of crash involvement. All other
information, unless otherwise permitted by
this Code, shall remain confidential. Information released pursuant to a
request for a driver's record shall not contain personally identifying
information, unless the request for the driver's record was made for one of the
purposes set forth in subsection (f-5) of this Section. The Secretary of State may, without fee, allow a parent or guardian of a person under the age of 18 years, who holds an instruction permit or graduated driver's license, to view that person's driving record online, through a computer connection.
The parent or guardian's online access to the driving record will terminate when the instruction permit or graduated driver's license holder reaches the age of 18.
2. The Secretary of State shall not disclose or otherwise make available
to any
person or
entity any highly restricted personal information obtained by the Secretary of
State in
connection with a driver's license, vehicle, or title
registration record
unless specifically
authorized by this Code. The Secretary of State may certify an abstract of a driver's record
upon written request therefor. Such certification
shall be made under the signature of the Secretary of State and shall be
authenticated by the Seal of his office.
3. All requests for driving record information shall be made in a manner
prescribed by the Secretary and shall set forth the intended use of the
requested information.
The Secretary of State may notify the affected driver of the request
for purchase of his driver's record as the Secretary deems appropriate.
No information shall be released to the requester until expiration of a 10-day
period. This 10-day period shall not apply to requests for information
made by law enforcement officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated businesses, persons
licensed as a private detective or firms licensed as a private detective agency
under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act
of 2004,
who are employed by or are acting on behalf of law enforcement officials,
government agencies, financial institutions, attorneys, insurers, employers,
automobile associated businesses, and other business entities for purposes
consistent with the Illinois Vehicle Code, the affected driver or other
entities as the Secretary may exempt by rule and regulation.
Any misrepresentation made by a requester of driver information shall
be punishable as a petty offense, except in the case of persons licensed as
a private detective or firms licensed as a private detective agency which shall
be subject to disciplinary sanctions under Section 40-10 of the Private
Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
4. The Secretary of State may furnish without fee, upon the written
request of a law enforcement agency, any information from a driver's
record on file with the Secretary of State when such information is required
in the enforcement of this Code or any other law relating to the operation
of motor vehicles, including records of dispositions; documented
information involving the use of a motor vehicle; whether such individual
has, or previously had, a driver's license; and the address and personal
description as reflected on said driver's record.
5. Except as otherwise provided in this Section, the Secretary of
State may furnish, without fee, information from an individual driver's
record on file, if a written request therefor is submitted
by any public transit system or authority, public defender, law enforcement
agency, a state or federal agency, or an Illinois local intergovernmental
association, if the request is for the purpose of a background check of
applicants for employment with the requesting agency, or for the purpose of
an official investigation conducted by the agency, or to determine a
current address for the driver so public funds can be recovered or paid to
the driver, or for any other purpose set forth in subsection (f-5)
of this Section.
The Secretary may also furnish the courts a copy of an abstract of a
driver's record, without fee, subsequent to an arrest for a violation of
Section 11-501 or a similar provision of a local ordinance. Such abstract
may include records of dispositions; documented information involving
the use of a motor vehicle as contained in the current file; whether such
individual has, or previously had, a driver's license; and the address and
personal description as reflected on said driver's record.
6. Any certified abstract issued by the Secretary of State or
transmitted electronically by the Secretary of State pursuant to this
Section,
to a court or on request of a law enforcement agency, for the record of a
named person as to the status of the person's driver's license shall be
prima facie evidence of the facts therein stated and if the name appearing
in such abstract is the same as that of a person named in an information or
warrant, such abstract shall be prima facie evidence that the person named
in such information or warrant is the same person as the person named in
such abstract and shall be admissible for any prosecution under this Code and
be admitted as proof of any prior conviction or proof of records, notices, or
orders recorded on individual driving records maintained by the Secretary of
State.
7. Subject to any restrictions contained in the Juvenile Court Act of
1987, and upon receipt of a proper request and a fee as set forth in Section 6-118, the
Secretary of
State shall provide a driver's record or data contained therein to the affected driver, or the affected
driver's attorney, upon verification. Such record shall contain all the
information referred to in paragraph 1 of this subsection (g) plus: any
recorded crash involvement as a driver; information recorded pursuant to
subsection (e) of Section 6-117 and paragraph (4) of subsection (a) of
Section 6-204 of this Code. All other information, unless otherwise permitted
by this Code, shall remain confidential.
(h) The Secretary shall not disclose social security numbers or any associated information obtained from the Social Security Administration except pursuant
to a written request by, or with the prior written consent of, the
individual except: (1) to officers and employees of the Secretary
who
have a need to know the social security numbers in performance of their
official duties, (2) to law enforcement officials for a civil or
criminal law enforcement investigation, and if an officer of the law enforcement
agency has made a written request to the Secretary specifying the law
enforcement investigation for which the social security numbers are being
sought, though the Secretary retains the right to require additional verification regarding the validity of the request, (3) to the United States Department of Transportation, or any other
State, pursuant to the administration and enforcement of the Commercial
Motor Vehicle Safety Act of 1986 or participation in State-to-State verification service, (4) pursuant to the order of a court
of competent jurisdiction, (5) to the Department of Healthcare and Family Services (formerly Department of Public Aid) for
utilization
in the child support enforcement duties assigned to that Department under
provisions of the Illinois Public Aid Code after the individual has received advanced
meaningful notification of what redisclosure is sought by the Secretary in
accordance with the federal Privacy Act, (5.5) to the Department of Healthcare and Family Services and the Department of Human Services solely for the purpose of verifying Illinois residency where such residency is an eligibility requirement for benefits under the Illinois Public Aid Code or any other health benefit program administered by the Department of Healthcare and Family Services or the Department of Human Services, (6) to the Illinois Department of Revenue solely for use by the Department in the collection of any tax or debt that the Department of Revenue is authorized or required by law to collect, provided that the Department shall not disclose the social security number to any person or entity outside of the Department, (7) to the Illinois Department of Veterans' Affairs for the purpose of confirming veteran status, or (8) the last 4 digits to the Illinois State Board of Elections for purposes of voter registration and as may be required pursuant to an agreement for a multi-state voter registration list maintenance system. If social security information is disclosed by the Secretary in accordance with this Section, no liability shall rest with the Office of the Secretary of State or any of its officers or employees, as the information is released for official purposes only.
(i) (Blank).
(j) Medical statements or medical reports received in the Secretary of
State's Office shall be confidential. Except as provided in this Section, no confidential information may be
open to public inspection or the contents disclosed to anyone, except
officers and employees of the Secretary who have a need to know the information
contained in the medical reports and the Driver License Medical Advisory
Board, unless so directed by an order of a court of competent jurisdiction. If the Secretary receives a medical report regarding a driver that does not address a medical condition contained in a previous medical report, the Secretary may disclose the unaddressed medical condition to the driver or his or her physician, or both, solely for the purpose of submission of a medical report that addresses the condition.
(k) Disbursement of fees collected under this Section shall be as follows: (1) of the $12 fee for a driver's record, $3 shall be paid into the Secretary of State Special Services Fund, and $6 shall be paid into the General Revenue Fund; (2) 50% of the amounts collected under subsection (b) shall be paid into the General Revenue Fund; and (3) all remaining fees shall be disbursed under subsection (g) of Section 2-119 of this Code.
(l) (Blank).
(m) Notations of crash involvement that may be disclosed under this
Section shall not include notations relating to damage to a vehicle or other
property being transported by a tow truck. This information shall remain
confidential, provided that nothing in this subsection (m) shall limit
disclosure of any notification of crash involvement to any law enforcement
agency or official.
(n) Requests made by the news media for driver's license, vehicle, or
title registration information may be furnished without charge or at a reduced
charge, as determined by the Secretary, when the specific purpose for
requesting the documents is deemed to be in the public interest. Waiver or
reduction of the fee is in the public interest if the principal purpose of the
request is to access and disseminate information regarding the health, safety,
and welfare or the legal rights of the general public and is not for the
principal purpose of gaining a personal or commercial benefit.
The information provided pursuant to this subsection shall not contain
personally identifying information unless the information is to be used for one
of the
purposes identified in subsection (f-5) of this Section.
(o) The redisclosure of personally identifying information
obtained
pursuant
to this Section is prohibited, except to the extent necessary to effectuate the
purpose
for which the original disclosure of the information was permitted.
(p) The Secretary of State is empowered to adopt rules
to
effectuate this Section.
(Source: P.A. 101-81, eff. 7-12-19; 101-326, eff. 8-9-19; 102-982, eff. 7-1-23.)
|
625 ILCS 5/2-124
(625 ILCS 5/2-124) (from Ch. 95 1/2, par. 2-124)
Sec. 2-124.
Audits, interest and penalties.
(a) Audits. The Secretary of State or employees and agents
designated by him, may audit the books, records, tax returns, reports,
and any and all other pertinent records or documents of any person
licensed or registered, or required to be licensed or registered, under
any provisions of this Act, for the purpose of determining whether such
person has not paid any fees or taxes required to be paid to the
Secretary of State and due to the State of Illinois.
For purposes of this Section, "person" means an individual, corporation,
or partnership, or an officer or an employee of any corporation, including
a dissolved corporation, or a member or an employee of any partnership, who
as an officer, employee, or member under a duty to perform the act in
respect to which the violation occurs.
(b) Joint Audits. The Secretary of State may enter into reciprocal
audit agreements with officers, agents or agencies of another State or
States, for joint audits of any person subject to audit under this Act.
(c) Special Audits. If the Secretary of State is not satisfied with
the books, records and documents made available for an audit, or if the
Secretary of State is unable to determine therefrom whether any fees or
taxes are due to the State of Illinois, or if there is cause to believe
that the person audited has declined or refused to supply the books,
records and documents necessary to determine whether a deficiency
exists, the Secretary of State may either seek a court order for
production of any and all books, records and documents he deems relevant
and material, or, in his discretion, the Secretary of State may instead
give written notice to such person requiring him to produce any and all
books, records and documents necessary to properly audit and determine
whether any fees or taxes are due to the State of Illinois. If such
person fails, refuses or declines to comply with either the court order
or written notice within the time specified, the Secretary of State
shall then order a special audit at the expense of the person affected.
Upon completion of the special audit, the Secretary of State shall
determine if any fees or taxes required to be paid under this Act have
not been paid, and make an assessment of any deficiency based upon the
books, records and documents available to him, and in an assessment, he
may rely upon records of other persons having an operation similar to
that of the person audited specially. A person audited specially and
subject to a court order and in default thereof, shall in addition, be
subject to any penalty or punishment imposed by the court entering the
order.
(d) Deficiency; Audit Costs. When a deficiency is found and any fees
or taxes required to be paid under this Act have not been paid to the
State of Illinois, the Secretary of State may impose an audit fee
of $100
per day, or $50 per half-day, per auditor, plus in the case of
out-of-state travel, transportation expenses incurred by the auditor or
auditors. Where more than one person is audited on the same out-of-state
trip, the additional transportation expenses may be apportioned. The
actual costs of a special audit shall be imposed upon the person
audited.
(e) Interest. When a deficiency is found and any fees or taxes
required to be paid under this Act have not been paid to the State of
Illinois, the amount of the deficiency, if greater than $100 for all
registration years examined, shall also bear interest at the
rate of 1/2 of 1% per month or fraction thereof, from the date when the
fee or tax due should have been paid under the provisions of this Act,
subject to a maximum of 6% per annum.
(f) Willful Negligence. When a deficiency is determined by the
Secretary to be caused by the willful neglect or negligence of the
person audited, an additional 10% penalty, that is 10% of the amount of
the deficiency or assessment, shall be imposed, and the 10% penalty
shall bear interest at the rate of 1/2 of 1% on and after the 30th day
after the penalty is imposed until paid in full.
(g) Fraud or Evasion. When a deficiency is determined by the
Secretary to be caused by fraud or willful evasion of the provisions of
this Act, an additional penalty, that is 20% of the amount of the
deficiency or assessment, shall be imposed, and the 20% penalty shall
bear interest at the rate of 1/2 of 1% on and after the 30th day after
the penalty is imposed until paid in full.
(h) Notice. The Secretary of State shall give written notice to any
person audited, of the amount of any deficiency found or assessment
made, of the costs of an audit or special audit, and of the penalty
imposed, and payment shall be made within 30 days of the date of the
notice unless such person petitions for a hearing.
However, except in the case of fraud or willful evasion, or the
inaccessibility of books and records for audit or with the express
consent of the person audited, no notice of a deficiency or assessment
shall be issued by the Secretary for more than 3 registration years.
This limitation shall commence on any January 1 as to calendar year
registrations and on any July 1 as to fiscal year registrations. This
limitation shall not apply for any period during which the person
affected has declined or refuses to make his books and records available
for audit, nor during any period of time in which an Order of any Court
has the effect of enjoining or restraining the Secretary from making an
audit or issuing a notice.
Notwithstanding, each person licensed under the International Registration
Plan and audited by this State or any member jurisdiction shall follow the
assessment and refund procedures as adopted and amended by the International
Registration Plan members. The Secretary of State shall have the final
decision as to which registrants may be subject to the netting of audit fees as
outlined in the International Registration Plan. Persons audited may be
subject to a review process to determine the final outcome of the audit
finding. This process shall follow the adopted procedure as outlined in the
International Registration Plan. All decisions by the IRP designated tribunal
shall be binding.
(i) Every person subject to licensing or registration and audit
under the provisions of this Chapter shall retain all pertinent
licensing and registration documents, books, records, tax returns,
reports and all supporting records and documents for a period of 4
years.
(j) Hearings. Any person receiving written notice of a deficiency or
assessment may, within 30 days after the date of the notice, petition
for a hearing before the Secretary of State or his duly appointed
hearing officer to contest the audit in whole or in part, and the
petitioner shall simultaneously file a certified check or money order,
or certificate of deposit, or a surety bond approved by the Secretary in
the amount of the deficiency or assessment. Hearings shall be held
pursuant to the provisions of Section 2-118 of this Act.
(k) Judgments. The Secretary of State may enforce any notice of
deficiency or assessment pursuant to the provisions of Section 3-831 of
this Act.
(Source: P.A. 92-69, eff. 7-12-01; 93-32, eff. 7-1-03.)
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625 ILCS 5/2-125
(625 ILCS 5/2-125) (from Ch. 95 1/2, par. 2-125)
Sec. 2-125.
The Secretary of State may in his discretion set maximum fees
charged by any person, firm, corporation or private institution within the State
of Illinois concerning the acceptance of applications for registration, certificate
of title, or drivers license and for the distribution of motor vehicle license
plates and other related functions of the Office. The Secretary of State may
adopt and promulgate such rules and regulations as he shall deem necessary to effectuate
and administer the provisions of this Section.
(Source: P.A. 80-469.)
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625 ILCS 5/2-126
(625 ILCS 5/2-126) (from Ch. 95 1/2, par. 2-126)
Sec. 2-126.
Employees and agents of the Secretary of State,
designated by him, who are employed at Drivers License Exam Stations
throughout the State are authorized to deposit, on a temporary basis,
fees and moneys collected at such stations in banks or savings and loan
associations designated by the
Secretary of State. Provided, however, that when such funds collected
amount to $500 or more, or on the next succeeding 1st or 15th
(disregarding Sundays and holidays) day of each month, whichever is
earlier, such fees and moneys shall be forwarded to the Secretary of
State by such designated banks or savings and loan associations for
deposit with the State Treasurer.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter
amended.
(Source: P.A. 83-541.)
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625 ILCS 5/2-127
(625 ILCS 5/2-127) (from Ch. 95 1/2, par. 2-127)
Sec. 2-127.
The Secretary of State shall compile and maintain a listing of
those services and agencies, both public and private, that provide
transportation to senior citizens and shall make this information available
to the public through the Drivers License Exam Stations.
(Source: P.A. 86-424.)
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625 ILCS 5/2-127.5 (625 ILCS 5/2-127.5) Sec. 2-127.5. Literacy and English as a second language classes. At Secretary of State Driver Service facilities, the Secretary shall provide a pamphlet or post information informing customers of the availability of literacy and English as a second language classes. The Secretary may satisfy this requirement by providing the Internet address of a not-for-profit entity offering this information.
(Source: P.A. 101-53, eff. 1-1-20.) |
625 ILCS 5/2-128 (625 ILCS 5/2-128) Sec. 2-128. (Repealed).
(Source: P.A. 94-470, eff. 8-4-05. Repealed internally, eff. 1-1-07.) |
625 ILCS 5/2-129 (625 ILCS 5/2-129) Sec. 2-129. Expiration dates. All expiration periods set forth in this Code shall be subject to the provisions of Section 30 of the Secretary of State Act.
(Source: P.A. 101-640, eff. 6-12-20.) |
625 ILCS 5/Ch. 3
(625 ILCS 5/Ch. 3 heading)
CHAPTER 3.
CERTIFICATES OF TITLE AND
REGISTRATION OF VEHICLES
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625 ILCS 5/Ch. 3 Art. I
(625 ILCS 5/Ch. 3 Art. I heading)
ARTICLE I.
CERTIFICATES OF TITLE
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625 ILCS 5/3-100
(625 ILCS 5/3-100) (from Ch. 95 1/2, par. 3-100)
Sec. 3-100. Definitions. For the purposes of this Chapter, the following words shall
have the meanings ascribed to them:
"Electronic" includes electrical, digital, magnetic, optical,
electromagnetic, or any other form of technology that entails capabilities
similar to these technologies.
"Electronic record" means a record generated, communicated, received, or
stored by electronic means for use in an information system or for
transmission from one information system to another.
"Electronic signature" means a signature in electronic form attached to or
logically associated with an electronic record.
"Owner" means a person who holds legal document of ownership of a vehicle,
limited to a certificate of origin, certificate of title, salvage certificate,
or junking certificate. However, in the event a vehicle is the subject of an
agreement for the conditional sale or lease thereof with the
right of purchase upon performance of the conditions stated in the
agreement and with an immediate right of possession vested in the
conditional vendee or lessee, or in the event a mortgagor of such vehicle
is entitled to possession, then such conditional vendee or lessee or
mortgagor shall be deemed the owner for the purpose of this Chapter,
except as provided under paragraph (c) of Section 3-118.
"Record" means information that is inscribed, stored, or otherwise fixed
on a tangible medium or that is stored in an electronic or other medium
and is retrievable in perceivable form.
"Signature" or "signed" includes any symbol executed or adopted, or any
security procedure employed or adopted, using electronic means or
otherwise, by or on behalf of a person with intent to authenticate a
record.
"Vehicle" means a vehicle as defined in Section 1-217 of this Code. Unless otherwise specified, "vehicle" also means a "manufactured home" as defined in Section 1-144.03 of this Code. (Source: P.A. 98-749, eff. 7-16-14.)
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625 ILCS 5/3-100.1
(625 ILCS 5/3-100.1)
Sec. 3-100.1. Use of electronic records.
(a) To the extent authorized by the Secretary of State and in accordance
with standards and procedures prescribed by the Secretary of State:
(1) Certificates, certifications, affidavits, | | applications, assignments, statements, notices, documents, and other records required under this Chapter may be created, distributed, and received in electronic form.
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(2) Signatures required under this Chapter may be
| | made as electronic signatures or may be waived.
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(3) Delivery of records required under this Chapter
| | may be made by any means, including electronic delivery.
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(4) Fees and taxes required to be paid under this
| | Chapter may be made by electronic means; provided that any forms, records, electronic records, and methods of electronic payment relating to the filing and payment of taxes shall be prescribed by the Department of Revenue.
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(a-5) No later than July 1, 2022, the Secretary of State shall implement, manage, and administer an electronic lien and title system that will permit a lienholder to perfect, assign, and release a lien under this Code. The system may include the points in subsection (a) as to the identified objectives of the program. The Secretary shall establish by administrative rule the standards and procedures relating to the management and implementation of the mandatory electronic lien and title system established under this subsection. The Secretary may charge a reasonable fee for performing the services and functions relating to the management and administration of the system. The fee shall be set by administrative rule adopted by the Secretary.
(b) Electronic records accepted by the Secretary of State have the
same force and effect as records created on paper by writing, typing,
printing, or similar means. The procedures established by the
Secretary of State concerning the acceptance of electronic filings
and electronic records shall ensure that the electronic filings and
electronic records are received and stored accurately and that they
are readily available to satisfy any statutory requirements that call
for a written record.
(c) Electronic signatures accepted by the Secretary of State shall have the
same force and effect as manual signatures.
(d) Electronic delivery of records accepted by the Secretary of State shall
have the same force and effect as physical delivery of records.
(e) Electronic records and electronic signatures accepted by the Secretary
of State shall be admissible in all administrative, quasi-judicial,
and judicial proceedings. In any such proceeding, nothing in the
application of the rules of evidence shall apply so as to deny the
admissibility of an electronic record or electronic signature into
evidence on the sole ground that it is an electronic record or
electronic signature, or on the grounds that it is not in its
original form or is not an original. Information in the form of an
electronic record shall be given due evidentiary weight by the trier
of fact.
(f) The Secretary may contract with a private contractor to carry out the Secretary's duties under this Section.
(Source: P.A. 101-490, eff. 1-1-20; 102-154, eff. 1-1-22; 102-431, eff. 8-20-21.)
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625 ILCS 5/3-100.2
(625 ILCS 5/3-100.2)
Sec. 3-100.2. Electronic access; agreements with
submitters. (a) No later than July 1, 2022, the Secretary of State shall require a licensee under Chapter 3 or 5 of this Code to submit
any record required to be submitted to the Secretary of State by
using electronic media deemed feasible by the Secretary of State. The Secretary of State may also require the licensee to submit the original paper
record. The Secretary of State shall also require a
person or licensee to receive any record to be provided by the Secretary of State
by using electronic media deemed feasible by the Secretary of State,
instead of providing the original paper record.
(b) No later than July 1, 2022, electronic submittal, receipt, and delivery of records and electronic
signatures shall be supported by a signed agreement between the Secretary of State
and the submitter. The agreement shall require, at a minimum, each
record to include all information necessary to complete a
transaction, certification by the submitter upon its best knowledge as to the
truthfulness of
the data to be
submitted to the Secretary of State, and retention by the submitter of
supporting records.
(c) No later than July 1, 2022, the Secretary of State shall establish minimum
transaction volume levels, audit and security
standards, technological requirements, and other terms
and conditions he or she deems necessary for approval of the
electronic delivery process.
(d) When an agreement is made to accept electronic
records, the Secretary of State shall not be required
to produce a written record for
the submitter with whom the Secretary of State has
the agreement until requested to do so by the submitter.
(e) No later than July 1, 2022, the Secretary of State shall
provide electronic notification to the
lienholder submitter to verify the notation and perfection of the lienholder's
security interest in a vehicle on the certificate of title required to be created as an
electronic record under Section 3-100.1. Upon receipt of an electronic message from a lienholder
submitter with a security interest in a vehicle for which the certificate of
title is an electronic record that the lien should be released, the Secretary
of State shall enter the appropriate electronic record of the release of lien
and print and mail a paper certificate of title to the owner or lienholder at
no expense. The Secretary of State may also mail the certificate to any other
person that delivers to the Secretary of State an authorization from the owner
to receive the certificate. If another lienholder holds a properly perfected
security interest in the vehicle as reflected in the records of the Secretary
of State, the certificate shall be delivered to that lienholder instead of the
owner.
(f) The Secretary may contract with a private contractor to carry out the Secretary's duties under this Section.(Source: P.A. 101-490, eff. 1-1-20; 102-154, eff. 1-1-22; 102-431, eff. 8-20-21.)
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625 ILCS 5/3-100.3
(625 ILCS 5/3-100.3)
Sec. 3-100.3.
Rules.
The Secretary of State may adopt rules to implement
this Article.
(Source: P.A. 91-772, eff. 1-1-01.)
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625 ILCS 5/3-101
(625 ILCS 5/3-101) (from Ch. 95 1/2, par. 3-101)
Sec. 3-101. Certificate of title required.
(a) Except as provided in Section 3-102, every owner of a vehicle which
is in this State and for which no certificate of title has been issued by
the Secretary of State shall make application to the Secretary of State
for a certificate of title of the vehicle.
(b) Every owner of a motorcycle or motor driven cycle purchased new
on and after January 1, 1980 shall make application to the Secretary of
State for a certificate of title. However, if such cycle is not properly
manufactured or equipped for general highway use pursuant to the provisions
of this Act, it shall not be eligible for license registration, but shall
be issued a distinctive certificate of title except as provided in Sections
3-102 and 3-110 of this Act.
(c) The Secretary of State shall not register or renew the registration
of a vehicle unless a certificate of title has been issued by the Secretary
of State to the owner or an application therefor has been delivered by the
owner to the Secretary of State.
(d) Every owner of an all-terrain vehicle or off-highway motorcycle
purchased on or after January 1, 1998 shall make application to the
Secretary of State for a certificate of title.
(e) Every owner of a low-speed vehicle manufactured after January 1, 2010 shall make application to the Secretary of State for a certificate of title. (Source: P.A. 96-653, eff. 1-1-10; 97-983, eff. 8-17-12.)
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625 ILCS 5/3-102
(625 ILCS 5/3-102) (from Ch. 95 1/2, par. 3-102)
Sec. 3-102. Exclusions. No certificate of title need be obtained for:
1. a vehicle owned by the State of Illinois; or a | | vehicle owned by the United States unless it is registered in this State;
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2. a vehicle owned by a manufacturer or dealer and
| | held for sale, even though incidentally moved on the highway or used for purposes of testing or demonstration, provided a dealer reassignment area is still available on the manufacturer's certificate of origin or the Illinois title; or a vehicle used by a manufacturer solely for testing;
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3. a vehicle owned by a non-resident of this State
| | and not required by law to be registered in this State;
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4. a motor vehicle regularly engaged in the
| | interstate transportation of persons or property for which a currently effective certificate of title has been issued in another State;
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5. a vehicle moved solely by animal power;
6. an implement of husbandry;
7. special mobile equipment;
8. an apportionable trailer or an apportionable
| | semitrailer registered in the State prior to April 1, 1998;
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9. a manufactured home for which an affidavit of
| | affixation has been recorded pursuant to the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act unless with respect to the same manufactured home there has been recorded an affidavit of severance pursuant to that Act.
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| (Source: P.A. 98-749, eff. 7-16-14; 99-78, eff. 7-20-15.)
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625 ILCS 5/3-103
(625 ILCS 5/3-103) (from Ch. 95 1/2, par. 3-103)
Sec. 3-103. Optional certificate of title.
(a) The owner of an implement of husbandry or special mobile equipment may
apply for and obtain a certificate of title on it. All of the provisions of
this chapter, except part (e) of Section 3-104, are applicable to a
certificate of title so issued, except that a person who receives a
transfer of an interest in the vehicle without knowledge of the certificate
of title is not prejudiced by reason of the existence of the certificate,
and the perfection of a security interest under this Act is not effective
until the lienholder has complied with the provisions of applicable law
which otherwise relate to the perfection of security interests in personal
property.
An application for an optional certificate of title must be accompanied
by either an exemption determination from the Department of Revenue showing
that no tax imposed under the "Use Tax Act" or the "Retailers' Occupation
Tax Act" is owed by anyone with respect to that vehicle or by a receipt
from the Department of Revenue showing that any tax so imposed has been
paid. No optional certificate of title shall be issued in the absence of
such a receipt or exemption determination.
If the proof of payment or of nonliability is, after the issuance of the
optional certificate of title, found to be invalid, the Secretary of State
shall revoke the optional certificate of title and require that it be
returned to him.
(b) The owner of a manufactured home which is affixed to a permanent foundation and for which a certificate of title has not previously been issued and surrendered for cancellation may apply for a certificate of title, including, if applicable, a certificate of title issued in accordance with subsection (b) of Section 3-109, which shall be issued for the sole purpose of (i) surrendering such certificate of title for cancellation in accordance with Section 3-116.2 or (ii) satisfying the requirements of subdivision (e)(4) of Section 9-334 of the Uniform Commercial Code. The Secretary of State shall issue a certificate of title, in accordance with this Chapter, upon satisfaction of the application requirements of this Code. (Source: P.A. 98-749, eff. 7-16-14.)
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625 ILCS 5/3-104
(625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
Sec. 3-104. Application for certificate of title.
(a) The application for a certificate of title for a vehicle in this
State must be made by the owner to the Secretary of State on the form
prescribed and must contain:
1. The name, Illinois residence, mail address, and, | | if available, email address of the owner;
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2. A description of the vehicle including, so far as
| | the following data exists: Its make, year-model, identifying number, type of body, whether new or used, as to house trailers as defined in Section 1-128 of this Code, and as to manufactured homes as defined in Section 1-144.03 of this Code, the square footage based upon the outside dimensions excluding the length of the tongue and hitch, and, as to vehicles of the second division, whether for-hire, not-for-hire, or both for-hire and not-for-hire;
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3. The date of purchase by applicant and, if
| | applicable, the name and address of the person from whom the vehicle was acquired and the names and addresses of any lienholders in the order of their priority and signatures of owners;
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4. The current odometer reading at the time of
| | transfer and that the stated odometer reading is one of the following: actual mileage, not the actual mileage or mileage is in excess of its mechanical limits; and
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5. Any further information the Secretary of State
| | reasonably requires to identify the vehicle and to enable him to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vehicle.
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| (a-5) The Secretary of State shall designate on the prescribed application form a space where the owner of a vehicle may designate a beneficiary, to whom ownership of the vehicle shall pass in the event of the owner's death.
(b) If the application refers to a vehicle purchased from a dealer,
it must also be signed by the dealer as well as the owner, and the dealer must
promptly mail or deliver the application and required documents to the
Secretary of State.
(c) If the application refers to a vehicle last previously
registered in another State or country, the application must contain or
be accompanied by:
1. Any certified document of ownership so recognized
| | and issued by the other State or country and acceptable to the Secretary of State, and
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2. Any other information and documents the Secretary
| | of State reasonably requires to establish the ownership of the vehicle and the existence or nonexistence of security interests in it.
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(d) If the application refers to a new vehicle it must be
accompanied by the Manufacturer's Statement of Origin, or other documents
as required and acceptable by the Secretary of State, with such
assignments as may be necessary to show title in the applicant.
(e) If an application refers to a vehicle rebuilt from a vehicle
previously salvaged, that application shall comply with the provisions
set forth in Sections 3-302 through 3-304 of this Code.
(f) An application for a certificate of title for any vehicle,
whether purchased in Illinois or outside Illinois, and even if
previously registered in another State, must be accompanied by either an
exemption determination from the Department of Revenue showing that no
tax imposed pursuant to the Use Tax Act or the vehicle use tax imposed by
Section 3-1001 of the Illinois Vehicle Code is owed by anyone with respect to
that vehicle, or a receipt from the Department of Revenue showing that any tax
so imposed has been paid. An application for a certificate of title for any
vehicle purchased outside Illinois, even if previously registered in another
state, must be accompanied by either an exemption determination from the
Department of Revenue showing that no tax imposed pursuant to the Municipal Use
Tax Act or the County Use Tax Act is owed by anyone with respect to that
vehicle, or a receipt from the Department of Revenue showing that any tax so
imposed has been paid. In the absence of such a receipt for payment or
determination of exemption from the Department, no certificate of title shall
be issued to the applicant.
If the proof of payment of the tax or of nonliability therefor is,
after the issuance of the certificate of title and display certificate
of title, found to be invalid, the Secretary of State shall revoke the
certificate and require that the certificate of title and, when
applicable, the display certificate of title be returned to him.
(g) If the application refers to a vehicle not manufactured in
accordance with federal safety and emission standards, the application must
be accompanied by all documents required by federal governmental
agencies to meet their standards before a vehicle is allowed to be issued
title and registration.
(h) If the application refers to a vehicle sold at public sale by a
sheriff, it must be accompanied by the required fee and a bill of sale
issued and signed by a sheriff. The bill of sale must identify the new
owner's name and address, the year model, make and vehicle identification
number of the vehicle, court order document number authorizing such sale,
if applicable, and the name and address of any lienholders in order of
priority, if applicable.
(i) If the application refers to a vehicle for which a court of law
determined the ownership, it must be accompanied with a certified copy of
such court order and the required fee. The court order must indicate the
new owner's name and address, the complete description of the vehicle, if
known, the name and address of the lienholder, if any, and must be signed
and dated by the judge issuing such order.
(j) If the application refers to a vehicle sold at public auction pursuant
to the Labor and Storage Lien (Small Amount) Act, it must be
accompanied by an affidavit or affirmation furnished by the Secretary of
State along with the
documents described in the affidavit or affirmation and the required fee.
(k) The Secretary may provide an expedited process for the issuance of vehicle titles. Expedited title applications must be delivered to the Secretary of State's Vehicle Services Department in Springfield by express mail service or hand delivery. Applications must be complete, including necessary forms, fees, and taxes. Applications received before noon on a business day will be processed and shipped that same day. Applications received after noon on a business day will be processed and shipped the next business day. The Secretary shall charge an additional fee of $30 for this service, and that fee shall cover the cost of return shipping via an express mail service. All fees collected by the Secretary of State for expedited services shall be deposited into the Motor Vehicle License Plate Fund. In the event the Vehicle Services Department determines that the volume of expedited title requests received on a given day exceeds the ability of the Vehicle Services Department to process those requests in an expedited manner, the Vehicle Services Department may decline to provide expedited services, and the additional fee for the expedited service shall be refunded to the applicant.
(l) If the application refers to a homemade trailer, (i) it must be accompanied by the appropriate documentation regarding the source of materials used in the construction of the trailer, as required by the Secretary of State, (ii) the trailer must be inspected by a Secretary of State employee prior to the issuance of the title, and (iii) upon approval of the Secretary of State, the trailer must have a vehicle identification number, as provided by the Secretary of State, stamped or riveted to the frame.
(m) The holder of a Manufacturer's Statement of Origin to a manufactured home may deliver it to any person to facilitate conveying or encumbering the manufactured home. Any person receiving any such Manufacturer's Statement of Origin so delivered holds it in trust for the person delivering it.
(n) Within 45 days after the completion of the first retail sale of a manufactured home, the Manufacturer's Statement of Origin to that manufactured home must be surrendered to the Secretary of State either in conjunction with an application for a certificate of title for that manufactured home or in accordance with Section 3-116.1.
(o) Each application for certificate of title for a motor vehicle shall be verified by the National Motor Vehicle Title Information System (NMVTIS) for a vehicle history report prior to the Secretary issuing a certificate of title.
(p) The Secretary, at the Secretary's discretion, may use any commercially available title history service to assist in determining the proper title designation of a motor vehicle before the issuance of a certificate of title.
(Source: P.A. 102-154, eff. 1-1-22.)
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625 ILCS 5/3-104.1
(625 ILCS 5/3-104.1) (from Ch. 95 1/2, par. 3-104.1)
Sec. 3-104.1.
(Repealed).
(Source: P.A. 83-449. Repealed by P.A. 90-665, eff. 1-1-99.)
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625 ILCS 5/3-104.5 (625 ILCS 5/3-104.5) Sec. 3-104.5. Application NMVTIS warnings or errors. (a) Each application for a certificate of title or a salvage certificate for a motor vehicle that is verified by the National Motor Vehicle Title Information System (NMVTIS) that is returned with a warning or error shall be reviewed by the Secretary of State, or his or her designees, as to whether the warning or error warrants a change to the type of title or brand that is issued to a motor vehicle. If the Secretary needs supplemental information to verify or corroborate the information received from a NMVTIS report, then the Secretary may use any available commercial title history services or other Secretary of State resources to assist in determining the vehicle's proper designation. (b) Any motor vehicle application for a certificate of title or a salvage certificate that another state has previously issued a title or brand indicating that the status of the motor vehicle is equivalent to a junk vehicle, as defined in Section 1-134.1 of this Code, shall receive a title with a "prior out of state junk" brand if that history item was issued 120 months or more before the date of the submission of the current application for title. (c) Any motor vehicle application for a certificate of title or a salvage certificate that is returned with a NMVTIS warning or error indicating that another state has previously issued a title or brand indicating the status of the motor vehicle is equivalent to a junk vehicle, as defined in Section 1-134.1 of this Code, shall be issued a junk certificate that reflects the motor vehicle's structural history, if the previously issued title or brand from another state was issued less than 120 months before the date of the submission of the current application for title. (d) Any motor vehicle application for a certificate of title or a salvage certificate that is returned with a NMVTIS warning or error indicating a brand or label from another jurisdiction, that does not have a similar or comparable brand or label in this State, shall include a notation or brand on the certificate of title stating "previously branded". (e) Any motor vehicle that is subject to the federal Truth in Mileage Act, and is returned with a NMVTIS warning or error indicating the stated mileage of the vehicle on the application for certificate of title is 1,500 or fewer miles less than a previously recorded mileage for the vehicle, shall be deemed as having an acceptable margin of error and the higher of the 2 figures shall be indicated on the new certificate of title, if the previous mileage was recorded within 90 days of the date of the current application for title and if there are no indications of fraud or malfeasance, or of altering or tampering with the odometer. (f) Any applicant for a certificate of title or a salvage certificate who receives an alternative salvage or junk certificate, or who receives a certificate of title with a brand or label indicating the vehicle was previously rebuilt prior out of state junk, previously branded, or flood, may contest the Secretary's designations by requesting an administrative hearing under Section 2-116 of this Code. (g) The Secretary may adopt any rules necessary to implement this Section.
(h) The Secretary, in the Secretary's discretion, may use any commercially available title history service to assist in determining the proper title designation of a motor vehicle before the issuance of a certificate of title. (Source: P.A. 102-154, eff. 1-1-22.) |
625 ILCS 5/3-105
(625 ILCS 5/3-105) (from Ch. 95 1/2, par. 3-105)
Sec. 3-105.
Examination of records.
The Secretary of State, upon receiving application for a first
certificate of title, shall check the identifying number of the vehicle
shown in the application against the records of vehicles required to be
maintained by Section 3-107 and against the record of stolen and converted
vehicles required to be maintained by Section 4-107.
(Source: P.A. 76-1586.)
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625 ILCS 5/3-106
(625 ILCS 5/3-106) (from Ch. 95 1/2, par. 3-106)
Sec. 3-106. Certificate of title - Issuance - Records. (a) The Secretary of State shall file each application received and,
when satisfied as to its genuineness and regularity, and that no tax
imposed by the "Use Tax Act" or the vehicle use tax, as imposed by Section
3-1001 of "The Illinois Vehicle Code", or pursuant to the "Municipal Use
Tax Act" or pursuant to the "County Use Tax Act" is owed as evidenced by
the receipt for payment or determination of exemption from the Department
of Revenue provided for in Section 3-104 of this Act, and that the
applicant is entitled to the issuance of a certificate of title, shall
issue a certificate of title of the vehicle.
(b) The Secretary of State shall maintain a record of all
certificates of title issued by him under a distinctive title number
assigned to the vehicle; and, in the discretion of the Secretary of
State, in any other method determined.
(c) The Secretary of State shall not issue a certificate of title, including a certificate of title issued in accordance with subsection (b) of Section 3-109, to a manufactured home for which there has been recorded an affidavit of affixation pursuant to the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act unless with respect to the same manufactured home there has been recorded an affidavit of severance pursuant to the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act. (d) The Secretary of State shall file, upon receipt, each affidavit of affixation and each affidavit of severance relating to a manufactured home that is delivered in accordance with the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, when satisfied as to its genuineness and regularity. (e) The Secretary of State shall maintain a record of each affidavit of affixation and each affidavit of severance filed in accordance with subsection (d) of this Section. The record shall state the name of the owner of the related manufactured home, the name of manufacturer, model year, manufacturer's serial number, and any other data the Secretary of State prescribes. (f) The Secretary of State shall file, upon receipt, each application for surrender of the Manufacturer's Statement of Origin relating to a manufactured home that is delivered in accordance with Section 3-116.1, when satisfied as to its genuineness and regularity. (g) The Secretary of State shall file, upon receipt, each application for surrender of the certificate of title relating to a manufactured home that is delivered in accordance with Section 3-116.2, when satisfied as to its genuineness and regularity. (h) The Secretary of State shall maintain a record, including a record in the form of a searchable electronic database accessible to the public, of each Manufacturer's Statement of Origin accepted for surrender as provided in Section 3-116.1. The record shall state the date the Manufacturer's Statement of Origin was accepted for surrender, the name of manufacturer, make, model name, model year, manufacturer's serial number, and any other data the Secretary of State prescribes. (i) The Secretary of State shall maintain a record, including a record in the form of a searchable electronic database accessible to the public, of each manufactured home certificate of title accepted for surrender as provided in Section 3-116.2. The record shall state the date the certificate of title was accepted for surrender, the name of manufacturer, model year, manufacturer's serial number, and any other data the Secretary of State prescribes. (Source: P.A. 98-749, eff. 7-16-14.)
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625 ILCS 5/3-107
(625 ILCS 5/3-107) (from Ch. 95 1/2, par. 3-107)
Sec. 3-107. Contents and effect.
(a) Each certificate of title issued by the Secretary of State shall
contain:
1. the date issued;
2. the name and address of the owner;
3. the names, addresses, and fax numbers or | | electronic addresses of any lienholders, in the order of priority as shown on the application or, if the application is based on a certificate of title, as shown on the certificate;
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4. the title number assigned to the vehicle;
5. a description of the vehicle including, so far as
| | the following data exists: its make, year-model, identifying number, type of body, whether new or used, as to house trailers as defined in Section 1-128 of this Code, and as to manufactured homes as defined in Section 1-144.03 of this Code, the square footage of the vehicle based upon the outside dimensions excluding the length of the tongue and hitch, and, if a new vehicle, the date of the first sale of the vehicle for use;
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6. an odometer certification as provided for in this
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7. any other data the Secretary of State prescribes.
(a-5) In the event the applicant seeks to have the vehicle titled as a custom vehicle or street rod, that fact must be stated in the application. The custom vehicle or street rod must be inspected as required by Section 3-406 of this Code prior to issuance of the title. Upon successful completion of the inspection, the vehicle may be titled in the following manner. The make of the vehicle shall be listed as the make of the actual vehicle or the make it is designed to resemble (e.g., Ford or Chevrolet); the model of the vehicle shall be listed as custom vehicle or street rod; and the year of the vehicle shall be listed as the year the actual vehicle was manufactured or the year it is designed to resemble. A vehicle previously titled as other than a custom vehicle or street rod may be issued a corrected title reflecting the custom vehicle or street rod model if it otherwise meets the requirements for the designation.
(a-10) In the event the applicant seeks to have the vehicle titled as a glider kit, that fact must be stated in the application. The glider kit must be inspected under Section 3-406 of this Code prior to issuance of the title. Upon successful completion of the inspection, the vehicle shall be titled in the following manner: (1) the make of the vehicle shall be listed as the make of the chassis or the make it is designed to resemble; (2) the model of the vehicle shall be listed as glider kit; and (3) the year of the vehicle shall be listed as the year presented on the manufacturer's certificate of origin for the chassis, unless no year is presented, then it shall be listed as the year the application was received. The vehicle identification number of the chassis shall be assigned to the engine, transmission, and rear axle if the engine, transmission, and rear axle were not previously assigned a vehicle identification number after an inspection under Section 3-406.
(b) The certificate of title shall contain forms for assignment and
warranty of title by the owner, and for assignment and warranty of title
by a dealer, and may contain forms for applications for a certificate of
title by a transferee, the naming of a lienholder and the assignment or
release of the security interest of a lienholder.
(b-5) The Secretary of State shall designate on a certificate of title a space where the owner of a vehicle may designate a beneficiary, to whom ownership of the vehicle shall pass in the event of the owner's death.
(c) A certificate of title issued by the Secretary of State is prima
facie evidence of the facts appearing on it.
(d) A certificate of title for a vehicle is not subject to
garnishment, attachment, execution or other judicial process, but this
subsection does not prevent a lawful levy upon the vehicle.
(e) Any certificate of title issued by the Secretary of State is
subject to a lien in favor of the State of Illinois for any fees or
taxes required to be paid under this Act and as have not been paid, as
provided for in this Code.
(f) Notwithstanding any other provision of law, a certificate of title issued by the Secretary of State to a manufactured home is prima facie evidence of the facts appearing on it, notwithstanding the fact that such manufactured home, at any time, shall have become affixed in any manner to real property.
(Source: P.A. 99-748, eff. 8-5-16; 100-450, eff. 1-1-18.)
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625 ILCS 5/3-107.1
(625 ILCS 5/3-107.1) (from Ch. 95 1/2, par. 3-107.1)
Sec. 3-107.1.
Presumption of tenancy.
When a certificate of
title is made out to 2 or more persons, it shall be presumed
that the title is held as joint tenants with right of survivorship.
(Source: P.A. 79-482; 79-512; 79-1454.)
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625 ILCS 5/3-108
(625 ILCS 5/3-108) (from Ch. 95 1/2, par. 3-108)
Sec. 3-108.
Delivery.
The certificate of title shall be mailed or delivered to the first
lienholder named
in it or, if none, to the owner.
(Source: P.A. 91-78, eff. 7-9-99.)
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625 ILCS 5/3-109
(625 ILCS 5/3-109) (from Ch. 95 1/2, par. 3-109)
Sec. 3-109. Registration without certificate of title; bond. If the Secretary of State is not satisfied as to the ownership of the
vehicle, including, but not limited to, in the case of a manufactured home, a circumstance in which the manufactured home is covered by a Manufacturer's Statement of Origin that the owner of the manufactured home, after diligent search and inquiry, is unable to produce, or that there are no undisclosed security interests in it, the
Secretary of State may register the vehicle but shall:
(a) Withhold issuance of a certificate of title until | | the applicant presents documents reasonably sufficient to satisfy the Secretary of State as to the applicant's ownership of the vehicle and that there are no undisclosed security interests in it;
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(b) As a condition of issuing a certificate of title,
| | require the applicant to file with the Secretary of State a bond in the form prescribed by the Secretary of State and executed by the applicant, and either accompanied by the deposit of cash with the Secretary of State or also executed by a person authorized to conduct a surety business in this State. The bond shall be in an amount equal to one and one-half times the value of the vehicle as determined by the Secretary of State and conditioned to indemnify any prior owner and lienholder and any subsequent purchaser of the vehicle or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney's fees, by reason of the issuance of the certificate of title of the vehicle or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the vehicle. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of 3 years or prior thereto if (i) the vehicle is no longer registered in this State and the currently valid certificate of title is surrendered to the Secretary of State or (ii) in the case of a certificate of title to a manufactured home, the currently valid certificate of title is surrendered to the Secretary of State in accordance with Section 3-116.2; unless the Secretary of State has been notified of the pendency of an action to recover on the bond; or
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(b-5) Require the applicant to file with the
| | Secretary of State an application for a provisional title in the form prescribed by the Secretary and executed by the applicant, and accompanied by a $50 fee to be deposited in the CDLIS/AAMVAnet/NMVTIS Trust Fund. The Secretary shall designate by rule the documentation acceptable for an individual to apply for a provisional title. A provisional title shall be valid for 3 years and is nontransferable for the 3-year period. A provisional title shall be clearly marked and otherwise distinguished from a certificate of title. Three years after the issuance of a provisional title, the provisional title holder shall apply for the appropriate transferrable title in the applicant's name. If a claim of ownership for the vehicle is brought against a holder of a provisional title, then the provisional title holder shall apply for a bond under subsection (b) of this Section for the amount of time remaining on the provisional title. A provisional title holder or an individual who asserts a claim to the motor vehicle may petition a circuit court of competent jurisdiction for an order to determine the ownership of the vehicle. A provisional title shall not be available to individuals or entities that rebuild, repair, store, or tow vehicles or have a claim against the vehicle under the Labor and Storage Lien Act or the Labor and Storage Lien (Small Amount) Act.
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| | placed by the Secretary of State in the custody of the State Treasurer.
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During July, annually, the Secretary shall compile a list of all bonds
on deposit, pursuant to this Section, for more than 3 years and concerning
which he has received no notice as to the pendency of any judicial proceeding
that could affect the disposition thereof. Thereupon, he shall promptly
send a notice by certified mail to the last known address of each depositor
advising him that his bond will be subject to escheat to the State of Illinois
if not claimed within 30 days after the mailing date of such notice. At
the expiration of such time, the Secretary of State shall file with the
State Treasurer an order directing the transfer of such deposit to the Road
Fund in the State Treasury. Upon receipt of such order, the State Treasurer
shall make such transfer, after converting to cash any other type of security.
Thereafter any person having a legal claim against such deposit may enforce
it by appropriate proceedings in the Court of Claims subject to the limitations
prescribed for such Court. At the expiration of such limitation period
such deposit shall escheat to the State of Illinois.
(Source: P.A. 98-749, eff. 7-16-14; 98-777, eff. 1-1-15; 99-78, eff. 7-20-15.)
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625 ILCS 5/3-110
(625 ILCS 5/3-110) (from Ch. 95 1/2, par. 3-110)
Sec. 3-110. Refusing certificate of title. The Secretary of State shall refuse issuance of a certificate of title
if any required fee is not paid or if he has reasonable grounds to believe
that:
(a) the applicant is not the owner of the vehicle;
(b) the application contains a false or fraudulent | |
(c) the applicant fails to furnish required
| | information or documents or any additional information the Secretary of State reasonably requires; or
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(d) the applicant has not paid to the Secretary of
| | State any fees or taxes due under this Act and have not been paid upon reasonable notice and demand.
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Except as provided in Section 3-116.2, the Secretary of State shall not refuse to issue a certificate of title to a manufactured home by reason of the fact that, at any time, in any manner, it shall have been affixed to real property.
(Source: P.A. 97-333, eff. 8-12-11; 98-749, eff. 7-16-14.)
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625 ILCS 5/3-111
(625 ILCS 5/3-111) (from Ch. 95 1/2, par. 3-111)
Sec. 3-111.
Lost, stolen or mutilated certificates.
(a) If a certificate of title is lost, stolen, mutilated or destroyed or
becomes illegible, the first lienholder or, if none, the owner or legal
representative of the owner named in the certificate, as shown by the
records of the Secretary of State, shall promptly make application for and
may obtain a duplicate upon furnishing information satisfactory to the
Secretary of State. The duplicate certificate of title shall contain the
legend "This is a duplicate certificate and may be subject to the rights of
a person under the original certificate." It shall be mailed to the first
lienholder named in it or, if none, to the owner or the owner's designee.
(b) The Secretary of State shall not issue a duplicate certificate of
title to any person within 15 days after the issuance of an original
certificate of title to such person.
(c) A person recovering an original certificate of title for which a
duplicate has been issued shall promptly surrender the original certificate
to the Secretary of State.
(d) An application for a duplicate certificate of title must state the
current vehicle odometer reading at the time of application and that the
stated odometer reading is one of the following: actual mileage, not
the actual mileage or mileage is in excess of its mechanical limits.
(e) If a Display certificate of title is lost, stolen, mutilated or
destroyed or becomes illegible, the owner or legal representative of the
owner named in the original Display certificate of title and in the
certificate of title, as shown by the records of the Secretary of State,
shall promptly make application for and may obtain a duplicate upon
furnishing information satisfactory to the Secretary of State. The
duplicate Display certificate of title shall contain the legend "Duplicate
Display Certificate of Title." It shall be mailed to the owner or legal
representative of the owner named in the original Display certificate of
title and in the certificate of title. Such duplicate Display certificate
of title shall be attached and displayed in the same manner and in the same
place as the original Display certificate of title would have been attached
and displayed had it not been lost, stolen, mutilated or destroyed or had
it not become illegible.
(Source: P.A. 86-444.)
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625 ILCS 5/3-111.1
(625 ILCS 5/3-111.1) (from Ch. 95 1/2, par. 3-111.1)
Sec. 3-111.1.
Corrected certificates.
An application for a corrected
certificate of title must state the current vehicle odometer reading at the
time of application and that the stated odometer reading is one of the
following: actual mileage, not the actual mileage or mileage is in excess
of its mechanical limits. The corrected certificate issued under this Section
shall contain the notation "corrected".
(Source: P.A. 90-212, eff. 1-1-98.)
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625 ILCS 5/3-112
(625 ILCS 5/3-112) (from Ch. 95 1/2, par. 3-112)
Sec. 3-112.
Transfer.
(a) If an owner transfers his interest in a vehicle, other than by the
creation of a security interest, at the time of the delivery of the vehicle he
shall execute to the transferee an assignment and warranty of title in the
space provided on the certificate of title, or as the Secretary of State
prescribes, and cause the certificate and assignment to be mailed or
delivered to the transferee or to the Secretary of State.
If the vehicle is subject to a tax under the Mobile Home Local Services
Tax Act in a county with a population of less than 3,000,000, the owner
shall also provide to the transferee a certification by the treasurer of
the county in which the vehicle is situated that all taxes imposed upon the
vehicle for the years the owner was the actual titleholder of the vehicle have
been paid. The transferee shall be liable only for the taxes he or she
incurred while he or she was the actual titleholder of the mobile home. The
county treasurer shall refund any amount of taxes paid by the transferee that
were imposed in years when the transferee was not the actual titleholder. The
provisions of this amendatory Act of 1997 (P.A. 90-542) apply retroactively
to January 1, 1996. In no event may the county treasurer refund amounts paid
by the transferee during any year except the 10 years immediately preceding the
year in which the refund is made. If the owner is a licensed dealer who has
purchased the vehicle and is holding it for resale, in lieu of acquiring a
certification from the county treasurer he shall forward the certification
received from the previous owner to the next buyer of the vehicle. The owner
shall cause the certification to be mailed or delivered to the Secretary of
State with the certificate of title and assignment.
(b) Except as provided in Section 3-113, the transferee shall, promptly
and within 20 days after delivery to him of the vehicle and the
assigned title, execute the application for a new certificate of title in
the space provided therefor on the certificate or as the Secretary of State
prescribes, and cause the certificate and application to be mailed or
delivered to the Secretary of State.
(c) Upon request of the owner or transferee, a lienholder in possession
of the certificate of title shall, unless the transfer was a breach of his
security agreement, either deliver the certificate to the transferee for
delivery to the Secretary of State or, upon receipt from the transferee of
the owner's assignment, the transferee's application for a new certificate
and the required fee, mail or deliver them to the Secretary of State. The
delivery of the certificate does not affect the rights of the lienholder
under his security agreement.
(d) If a security interest is reserved or created at the time of the
transfer, the certificate of title shall be retained by or delivered to the
person who becomes the lienholder, and the parties shall comply with the
provisions of Section 3-203.
(e) Except as provided in Section 3-113 and as between the parties, a
transfer by an owner is not effective until the provisions of this Section
and Section 3-115 have been complied with; however, an owner who has
delivered possession of the vehicle to the transferee and has complied with
the provisions of this Section and Section 3-115 requiring action by him as
not liable as owner for any damages thereafter resulting from operation of
the vehicle.
(f) The Secretary of State shall not process any application for a
transfer of an interest in a vehicle if any fees or taxes due under this
Act from the transferor or the transferee have not been paid upon
reasonable notice and demand.
(g) If the Secretary of State receives an application for transfer of
a vehicle subject to a tax under the Mobile Home Local Services
Tax Act in
a county with a population of less than 3,000,000, such application must
be accompanied by the required certification by the county treasurer
or tax assessor authorizing the issuance of the title.
(Source: P.A. 92-651, eff. 7-11-02.)
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625 ILCS 5/3-112.1
(625 ILCS 5/3-112.1) (from Ch. 95 1/2, par. 3-112.1)
Sec. 3-112.1. Odometer.
(a) All titles issued by the Secretary of State
beginning January, 1990, shall provide for an odometer
certification substantially as follows:
"I certify to the best of my knowledge that the odometer reading is and
reflects the actual mileage of the vehicle unless one of the following
statements is checked.
...................
( ) 1. The mileage stated is in excess of its mechanical limits.
( ) 2. The odometer reading is not the actual mileage.
Warning - Odometer Discrepancy."
(b) When executing any transfer of title which contains the odometer
certification as described in paragraph (a) above, each transferor of a motor
vehicle must supply on the title form the following information:
(1) The odometer reading at the time of transfer and | | an indication if the mileage is in excess of its mechanical limits or if it is not the actual mileage;
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(2) The date of transfer;
(3) The transferor's printed name and signature; and
(4) The transferee's printed name and address.
(c) The transferee must sign on the title form indicating that he or
she is aware of the odometer certification made by the transferor.
(d) The transferor will not be required to disclose the
current odometer reading and the transferee will not have to acknowledge
such disclosure under the following circumstances:
(1) A vehicle having a Gross Vehicle Weight Rating of
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(2) A vehicle that is not self-propelled;
(3) A vehicle that:
(A) before January 1, 2031, is model year 2010
| | (B) after January 1, 2031, is 20 years old or
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(4) A vehicle sold directly by the manufacturer to
| | any agency of the United States; and
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(5) A vehicle manufactured without an odometer.
(e) When the transferor signs the title transfer such transferor
acknowledges that he or she is aware that Federal regulations and State law
require him or her to state the odometer mileage upon transfer of ownership.
An inaccurate or untruthful statement with intent to defraud subjects the
transferor to liability for damages to the transferee pursuant to the federal
Motor Vehicle Information and Cost Act of 1972, P.L. 92-513 as amended by P.L.
94-364. No transferor shall be liable for damages as provided under this
Section who transfers title to a motor vehicle which has an odometer reading
that has been altered or tampered with by a previous owner, unless that
transferor knew or had reason to know of such alteration or tampering and sold
such vehicle with an intent to defraud. A cause of action is hereby created by
which any person who, with intent to defraud, violates any requirement imposed
under this Section shall be liable in an amount equal to the sum of:
(1) three times the amount of actual damages
| | sustained or $1,500, whichever is the greater; and
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(2) in the case of any successful action to enforce
| | the foregoing liability, the costs of the action together with reasonable attorney fees as determined by the court.
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Any recovery based on a cause of action under this Section shall be offset
by any recovery made pursuant to the federal Motor Vehicle Information and
Cost Savings Act of 1972.
(f) The provisions of this Section shall not apply to any motorcycle,
motor driven cycle, moped, antique vehicle, or expanded-use antique vehicle.
(g) The Secretary of State may adopt rules and regulations providing
for a transition period for all non-conforming titles.
(Source: P.A. 102-154, eff. 1-1-22.)
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625 ILCS 5/3-113 (625 ILCS 5/3-113) (from Ch. 95 1/2, par. 3-113) Sec. 3-113. Transfer to or from dealer; records.
(a) After a dealer buys a vehicle and holds it for resale, the
dealer must procure the
certificate of title from the owner or the lienholder. The dealer may hold
the certificate until he or she transfers the vehicle to another person.
Upon transferring the vehicle to another person,
the dealer shall promptly and within 20
days
execute the assignment and warranty of title by a dealer, showing the names and
addresses of the transferee and of any lienholder holding a security interest
created or reserved at the time of the resale, in the spaces provided therefor
on the certificate or as the Secretary of State prescribes, and mail or deliver
the certificate to the Secretary of State with the transferee's application for
a new certificate, except as provided in Section 3-117.2.
A dealer has complied with this Section if the date of the mailing of the certificate, as indicated by the postmark, is within 20 days of the date on which the vehicle was transferred to another person.
(b) The Secretary of State may decline to process any application for a
transfer of an interest in a vehicle if any fees or taxes due under this
Code from the transferor or the transferee have not been paid upon
reasonable notice and demand.
(c) Any person who violates this Section shall be guilty of a petty offense.
(d) Beginning January 1, 2014 and continuing until 90 days after the effective date of this amendatory Act of the 102nd General Assembly, the Secretary of State is authorized to impose a delinquent vehicle dealer transfer fee of $20 if the certificate of title is received by the Secretary from the dealer 30 days but less than 60 days after the date of sale; however, if the certificate of title is received by the Secretary from the dealer 60 days but less than 90 days after the date of sale, the delinquent dealer transfer fee shall be $35. Beginning 90 days after the effective date of this amendatory Act of the 102nd General Assembly, the Secretary of State is authorized to impose a delinquent vehicle dealer transfer fee of $10 if the certificate of title is received by the Secretary from the dealer more than 45 days but less than 60 days after the date of sale; however, if the certificate of title is received by the Secretary from the dealer 60 or more days but less than 90 days after the date of sale, the delinquent dealer transfer fee shall be $20. If the certificate of title is received by the Secretary from the dealer 90 or more days but less than 120 days after the date of sale, the delinquent vehicle dealer transfer fee shall be $65. If the certificate of title is received by the Secretary from the dealer 120 days or more after the date of the sale, the delinquent vehicle dealer transfer fee shall be $100. All monies collected under this subsection shall be deposited into the CDLIS/AAMVAnet/NMVTIS Trust Fund. (e) Beginning January 1, 2022, the Secretary of State is authorized to issue a certificate of title in the name of the dealership to a licensed dealer under Chapter 5 for $20 if the surrendered certificate of title has no space to assign the certificate of title again. (f) Any licensee under Chapter 5 who sells, transfers, or wholesales a vehicle out of State shall mail the certificate of title to the physical business address in the requisite jurisdiction in lieu of transferring title at the time of sale. (Source: P.A. 102-154, eff. 1-1-22; 102-845, eff. 1-1-23.)
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625 ILCS 5/3-114
(625 ILCS 5/3-114) (from Ch. 95 1/2, par. 3-114)
Sec. 3-114. Transfer by operation of law.
(a) If the interest of an owner in a vehicle passes to another other
than by voluntary transfer, the transferee shall, except as provided in
paragraph (b), promptly mail or deliver within 20 days to the
Secretary of State the last certificate of title, if available, proof of
the transfer, and his application for a new certificate in the form the
Secretary of State prescribes. It shall be unlawful for any person
having possession of a certificate of title for a motor vehicle,
semi-trailer, or house car by reason of his having a lien or encumbrance
on such vehicle, to fail or refuse to deliver such certificate to the
owner, upon the satisfaction or discharge of the lien or encumbrance,
indicated upon such certificate of title.
(b) If the interest of an owner in a vehicle passes to another under
the provisions of the Small Estates provisions of the Probate Act of 1975 the
transferee shall promptly mail or deliver to the Secretary of State, within 120
days, the last certificate of title, if available, the documentation required
under the provisions of the Probate Act of 1975, and an application for
certificate of title. The Small Estate Affidavit form shall be furnished by the
Secretary of State. The transfer may be to the transferee or to the nominee of
the transferee.
(c) If the interest of an owner in a vehicle passes to another under
other provisions of the Probate Act of 1975, as amended, and the transfer is
made by a representative or guardian, such transferee shall promptly mail or
deliver to the Secretary of State, the last certificate of title, if available,
and a certified copy of the letters of office or guardianship, and an
application for certificate of title. Such application shall be made before the
estate is closed. The transfer may be to the transferee or to the nominee of
the transferee.
(d) If the interest of an owner in joint tenancy passes to the other
joint tenant with survivorship rights as provided by law, the transferee
shall promptly mail or deliver to the Secretary of State, the last
certificate of title, if available, proof of death of the one joint
tenant and survivorship of the surviving joint tenant, and an
application for certificate of title. Such application shall be made
within 120 days after the death of the joint tenant. The transfer may
be to the transferee or to the nominee of the transferee.
(d-5) If the interest of an owner passes to the owner's spouse or if the spouse otherwise acquires ownership of the vehicle, then the transferee shall promptly mail or deliver to the Secretary of State, proof of (i) the owner's death; (ii) the transfer or acquisition of ownership; and (iii) proof of the marital relationship between the owner and the transferee, along with the last certificate of title, if available, and an application for certificate of title along with the appropriate fees and taxes, if applicable. The application shall be made within 180 days after the death of the owner. (e) The Secretary of State shall transfer a decedent's vehicle title to
any legatee, representative or heir of the decedent who submits to the
Secretary a death certificate and an affidavit by an attorney at law on the
letterhead stationery of the attorney at law stating the facts of the
transfer.
(f) Repossession with assignment of title. In all cases wherein a
lienholder has repossessed a vehicle by other
than judicial process and holds it for resale under a security agreement, and
the owner of record has executed an assignment of the existing certificate of
title after default, the lienholder may proceed to sell or otherwise dispose of
the vehicle
as authorized under the Uniform Commercial Code. Upon selling the vehicle to
another person, the lienholder need not send the certificate of title to the
Secretary of State, but shall promptly and within 20 days mail or deliver to
the purchaser
as transferee the existing certificate of title for the repossessed vehicle,
reflecting the release of the lienholder's security interest in the vehicle.
The application for a certificate of title made by the
purchaser shall comply with subsection (a) of Section 3-104 and be accompanied
by the existing certificate of title for the repossessed vehicle.
The lienholder shall execute the assignment and warranty of title showing the
name and address of the purchaser in the spaces provided therefor on the
certificate of title or as the Secretary of State prescribes. The lienholder
shall complete the assignment of title in the certificate of title to reflect
the transfer of the vehicle to the lienholder and also a reassignment to
reflect the transfer from the lienholder to the purchaser. For this purpose,
the lienholder is specifically authorized
to complete and execute
the space reserved in the certificate of title for a dealer reassignment,
notwithstanding that the lienholder is not a licensed dealer. Nothing herein
shall be construed to mean that the lienholder is taking title to the
repossessed vehicle for purposes of liability for retailer occupation, vehicle
use, or other tax with respect to the proceeds from the repossession sale.
Delivery of the existing certificate of title to the purchaser shall be deemed
disclosure to the purchaser of the owner of the vehicle.
(f-5) Repossession without assignment of title. Subject to subsection (f-30), in all cases wherein a
lienholder has repossessed a vehicle
by other than judicial process and holds it for resale under a security
agreement,
and the owner of record has not executed an assignment of the existing
certificate of title,
the lienholder shall comply with the following provisions:
(1) Prior to sale, the lienholder shall deliver or | | mail to the owner at the owner's last known address and to any other lienholder of record, a notice of redemption setting forth the following information: (i) the name of the owner of record and in bold type at or near the top of the notice a statement that the owner's vehicle was repossessed on a specified date for failure to make payments on the loan (or other reason), (ii) a description of the vehicle subject to the lien sufficient to identify it, (iii) the right of the owner to redeem the vehicle, (iv) the lienholder's intent to sell or otherwise dispose of the vehicle after the expiration of 21 days from the date of mailing or delivery of the notice, and (v) the name, address, and telephone number of the lienholder from whom information may be obtained concerning the amount due to redeem the vehicle and from whom the vehicle may be redeemed under Section 9-623 of the Uniform Commercial Code. At the lienholder's option, the information required to be set forth in this notice of redemption may be made a part of or accompany the notification of sale or other disposition required under Section 9-611 of the Uniform Commercial Code, but none of the information required by this notice shall be construed to impose any requirement under Article 9 of the Uniform Commercial Code.
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(2) With respect to the repossession of a vehicle
| | used primarily for personal, family, or household purposes, the lienholder shall also deliver or mail to the owner at the owner's last known address an affidavit of defense. The affidavit of defense shall accompany the notice of redemption required in subdivision (f-5)(1) of this Section. The affidavit of defense shall (i) identify the lienholder, owner, and the vehicle; (ii) provide space for the owner to state the defense claimed by the owner; and (iii) include an acknowledgment by the owner that the owner may be liable to the lienholder for fees, charges, and costs incurred by the lienholder in establishing the insufficiency or invalidity of the owner's defense. To stop the transfer of title, the affidavit of defense must be received by the lienholder no later than 21 days after the date of mailing or delivery of the notice required in subdivision (f-5)(1) of this Section. If the lienholder receives the affidavit from the owner in a timely manner, the lienholder must apply to a court of competent jurisdiction to determine if the lienholder is entitled to possession of the vehicle.
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(3) Upon selling the vehicle to another person, the
| | lienholder need not send the certificate of title to the Secretary of State, but shall promptly and within 20 days mail or deliver to the purchaser as transferee (i) the existing certificate of title for the repossessed vehicle, reflecting the release of the lienholder's security interest in the vehicle; and (ii) an affidavit of repossession made by or on behalf of the lienholder which provides the following information: that the vehicle was repossessed, a description of the vehicle sufficient to identify it, whether the vehicle has been damaged in excess of 50% of its fair market value as required under subdivision (b)(3) of Section 3-117.1, that the owner and any other lienholder of record were given the notice required in subdivision (f-5)(1) of this Section, that the owner of record was given the affidavit of defense required in subdivision (f-5)(2) of this Section, that the interest of the owner was lawfully terminated or sold pursuant to the terms of the security agreement, and the purchaser's name and address. If the vehicle is damaged in excess of 50% of its fair market value, the lienholder shall make application for a salvage certificate under Section 3-117.1 and transfer the vehicle to a person eligible to receive assignments of salvage certificates identified in Section 3-118.
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(4) The application for a certificate of title made
| | by the purchaser shall comply with subsection (a) of Section 3-104 and be accompanied by the affidavit of repossession furnished by the lienholder and the existing certificate of title for the repossessed vehicle. The lienholder shall execute the assignment and warranty of title showing the name and address of the purchaser in the spaces provided therefor on the certificate of title or as the Secretary of State prescribes. The lienholder shall complete the assignment of title in the certificate of title to reflect the transfer of the vehicle to the lienholder and also a reassignment to reflect the transfer from the lienholder to the purchaser. For this purpose, the lienholder is specifically authorized to execute the assignment on behalf of the owner as seller if the owner has not done so and to complete and execute the space reserved in the certificate of title for a dealer reassignment, notwithstanding that the lienholder is not a licensed dealer. Nothing herein shall be construed to mean that the lienholder is taking title to the repossessed vehicle for purposes of liability for retailer occupation, vehicle use, or other tax with respect to the proceeds from the repossession sale. Delivery of the existing certificate of title to the purchaser shall be deemed disclosure to the purchaser of the owner of the vehicle. In the event the lienholder does not hold the certificate of title for the repossessed vehicle, the lienholder shall make application for and may obtain a new certificate of title in the name of the lienholder upon furnishing information satisfactory to the Secretary of State. Upon receiving the new certificate of title, the lienholder may proceed with the sale described in subdivision (f-5)(3), except that upon selling the vehicle the lienholder shall promptly and within 20 days mail or deliver to the purchaser the new certificate of title reflecting the assignment and transfer of title to the purchaser.
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(5) Neither the lienholder nor the owner shall file
| | with the Office of the Secretary of State the notice of redemption or affidavit of defense described in subdivisions (f-5)(1) and (f-5)(2) of this Section. The Office of the Secretary of State shall not determine the merits of an owner's affidavit of defense, nor consider any allegations or assertions regarding the validity or invalidity of a lienholder's claim to the vehicle or an owner's asserted defenses to the repossession action.
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(f-7) Notice of reinstatement in certain cases.
(1) Subject to subsection (f-30), if, at the time of
| | repossession by a lienholder that is seeking to transfer title pursuant to subsection (f-5), the owner has paid an amount equal to 30% or more of the deferred payment price or total of payments due, the owner may, within 21 days of the date of repossession, reinstate the contract or loan agreement and recover the vehicle from the lienholder by tendering in a lump sum (i) the total of all unpaid amounts, including any unpaid delinquency or deferral charges due at the date of reinstatement, without acceleration; and (ii) performance necessary to cure any default other than nonpayment of the amounts due; and (iii) all reasonable costs and fees incurred by the lienholder in retaking, holding, and preparing the vehicle for disposition and in arranging for the sale of the vehicle. Reasonable costs and fees incurred by the lienholder include without limitation repossession and storage expenses and, if authorized by the contract or loan agreement, reasonable attorneys' fees and collection agency charges.
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(2) Tender of payment and performance pursuant to
| | this limited right of reinstatement restores to the owner his rights under the contract or loan agreement as though no default had occurred. The owner has the right to reinstate the contract or loan agreement and recover the vehicle from the lienholder only once under this subsection. The lienholder may, in the lienholder's sole discretion, extend the period during which the owner may reinstate the contract or loan agreement and recover the vehicle beyond the 21 days allowed under this subsection, and the extension shall not subject the lienholder to liability to the owner under the laws of this State.
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(3) The lienholder shall deliver or mail written
| | notice to the owner at the owner's last known address, within 3 business days of the date of repossession, of the owner's right to reinstate the contract or loan agreement and recover the vehicle pursuant to the limited right of reinstatement described in this subsection. At the lienholder's option, the information required to be set forth in this notice of reinstatement may be made part of or accompany the notice of redemption required in subdivision (f-5)(1) of this Section and the notification of sale or other disposition required under Section 9-611 of the Uniform Commercial Code, but none of the information required by this notice of reinstatement shall be construed to impose any requirement under Article 9 of the Uniform Commercial Code.
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(4) The reinstatement period, if applicable, and the
| | redemption period described in subdivision (f-5)(1) of this Section, shall run concurrently if the information required to be set forth in the notice of reinstatement is part of or accompanies the notice of redemption. In any event, the 21 day redemption period described in subdivision (f-5)(1) of this Section shall commence on the date of mailing or delivery to the owner of the information required to be set forth in the notice of redemption, and the 21 day reinstatement period described in this subdivision, if applicable, shall commence on the date of mailing or delivery to the owner of the information required to be set forth in the notice of reinstatement.
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(5) The Office of the Secretary of State shall not
| | determine the merits of an owner's claim of right to reinstatement, nor consider any allegations or assertions regarding the validity or invalidity of a lienholder's claim to the vehicle or an owner's asserted right to reinstatement. Where a lienholder is subject to licensing and regulatory supervision by the State of Illinois, the lienholder shall be subject to all of the powers and authority of the lienholder's primary State regulator to enforce compliance with the procedures set forth in this subsection (f-7).
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(f-10) Repossession by judicial process. In all cases wherein a lienholder
has repossessed a vehicle by
judicial
process and holds it for resale under a security agreement, order for replevin,
or other court order establishing the lienholder's right to possession of the
vehicle, the lienholder may proceed to sell or otherwise dispose of the vehicle
as authorized under the Uniform Commercial Code or the court order. Upon
selling the vehicle to another person, the lienholder need not send the
certificate of title to the Secretary of State, but shall promptly and within
20 days mail or
deliver to the purchaser as transferee (i) the existing certificate of title
for the repossessed vehicle reflecting the release of the lienholder's security
interest in the vehicle; (ii) a certified copy of the court order; and (iii) a
bill of sale identifying the new owner's name and address and the year, make,
model, and vehicle identification number of the vehicle.
The application for a certificate of title made by the purchaser shall comply
with subsection (a) of Section 3-104 and be accompanied by the certified copy
of the court order furnished by the
lienholder and the existing certificate of title for the repossessed vehicle.
The lienholder shall execute the assignment and warranty of title showing the
name and address of the purchaser in the spaces provided therefor on the
certificate of title or as the Secretary of State prescribes. The lienholder
shall complete the assignment of title in the certificate of title to reflect
the transfer of the vehicle to the lienholder and also a reassignment to
reflect the transfer from the lienholder to the purchaser. For this purpose,
the lienholder is specifically authorized to execute the assignment on behalf
of the owner as seller if the owner has not done so and to complete and execute
the space reserved in the certificate of title for a dealer reassignment,
notwithstanding that the lienholder is not a licensed dealer. Nothing herein
shall be construed to mean that the lienholder is taking title to the
repossessed vehicle for purposes of liability for retailer occupation, vehicle
use, or other tax with respect to the proceeds from the repossession sale.
Delivery of the existing certificate of title to the purchaser shall be deemed
disclosure to the purchaser of the owner of the vehicle.
In the event the
lienholder does not hold the certificate of title for the repossessed vehicle,
the lienholder shall
make application for and may obtain a new certificate of title in the name of
the lienholder upon furnishing information satisfactory to the Secretary of
State. Upon receiving the new certificate of title, the lienholder may proceed
with the sale described in this subsection, except that upon selling the
vehicle the lienholder shall promptly and within 20 days mail or deliver to the
purchaser the new certificate of title reflecting the assignment and transfer
of title to the purchaser.
(f-15) The Secretary of State shall not issue a certificate of title to a
purchaser under subsection (f), (f-5), or (f-10) of this Section, unless the
person from whom the vehicle has been repossessed by the lienholder is shown to
be the last registered owner of the motor vehicle. The Secretary of State may
provide by rule for the standards to be followed by a lienholder in assigning
and transferring certificates of title with respect to repossessed vehicles.
(f-20) If applying for a salvage certificate or a junking certificate, the lienholder
shall within 20 days make an application to the Secretary of State for a salvage certificate or a junking certificate, as
set forth in this Code. The Secretary of State shall
not issue a salvage
certificate or a junking
certificate to such lienholder unless the person from whom such vehicle has
been repossessed is shown to be the last registered owner of such motor
vehicle and such lienholder establishes to the satisfaction of
the Secretary of State that he is entitled to such
salvage certificate or junking certificate. The Secretary
of State may provide by rule for the standards to be followed by
a lienholder in order to obtain a
salvage certificate or junking certificate for a
repossessed vehicle.
(f-25) If the interest of an owner in a mobile home, as defined in the
Mobile Home Local Services Tax Act, passes to another under the provisions of
the
Mobile Home Local Services Tax Enforcement Act, the transferee shall promptly
mail or deliver to the Secretary of State (i) the last certificate of title, if
available, (ii) a certified copy of the court order ordering the transfer of
title, and (iii) an application for certificate of title.
(f-30) Bankruptcy. If the repossessed vehicle is the subject of a bankruptcy proceeding or discharge:
(1) the lienholder may proceed to sell or otherwise
| | dispose of the vehicle as authorized by the Bankruptcy Code and the Uniform Commercial Code;
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| (2) the notice of redemption, affidavit of defense,
| | and notice of reinstatement otherwise required to be sent by the lienholder to the owner of record or other lienholder of record under this Section are not required to be delivered or mailed;
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| (3) the requirement to delay disposition of the
| | vehicle for 21 days, (i) from the mailing or delivery of the notice of redemption under subdivision (f-5)(1) of this Section, (ii) from the mailing or delivery of the affidavit of defense under subdivision (f-5)(2) of this Section, or (iii) from the date of repossession when the owner is entitled to a notice of reinstatement under subsection (f-7) of this Section, does not apply;
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| (4) the affidavit of repossession that is required
| | under subdivision (f-5)(3) shall contain a notation of "bankruptcy" where the affidavit requires the date of the mailing or delivery of the notice of redemption. The notation of "bankruptcy" means the lienholder makes no sworn representations regarding the mailing or delivery of the notice of redemption or affidavit of defense or lienholder's compliance with the requirements that otherwise apply to the notices listed in this subsection (f-30), and makes no sworn representation that the lienholder assumes liability or costs for any litigation that may arise from the issuance of a certificate of title based on the excluded representations;
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| (5) the right of redemption, the right to assert a
| | defense to the transfer of title, and reinstatement rights under this Section do not apply; and
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| (6) references to judicial process and court orders
| | in subsection (f-10) of this Section do not include bankruptcy proceedings or orders.
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| (g) A person holding a certificate of title whose interest in the
vehicle has been extinguished or transferred other than by voluntary
transfer shall mail or deliver the certificate, within 20 days
upon request of the Secretary of State. The delivery of the certificate
pursuant to the request of the Secretary of State does not affect the
rights of the person surrendering the certificate, and the action of the
Secretary of State in issuing a new certificate of title as provided
herein is not conclusive upon the rights of an owner or lienholder named
in the old certificate.
(h) The Secretary of State may decline to process any application
for a transfer of an interest in a vehicle hereunder if any fees or
taxes due under this Act from the transferor or the transferee have not
been paid upon reasonable notice and demand.
(i) The Secretary of State shall not be held civilly or criminally
liable to any person because any purported transferor may not have had
the power or authority to make a transfer of any interest in any vehicle
or because a certificate of title issued in error is subsequently used to
commit a fraudulent act.
(Source: P.A. 102-319, eff. 1-1-22.)
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625 ILCS 5/3-114.1
(625 ILCS 5/3-114.1)
Sec. 3-114.1. Transfers to and from charitable
organizations. When a charitable not-for-profit organization
that is exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code becomes the recipient
of a motor vehicle by means of a donation from an individual,
the organization need not send
the certificate of title to the Secretary of State. Upon
transferring the motor vehicle, the
organization shall promptly and within 20 days execute the
reassignment to reflect the transfer from the organization
to the purchaser.
The
organization is specifically authorized to complete and
execute the space reserved in the certificate of title for a
dealer reassignment, notwithstanding that the organization
is not a licensed dealer. Nothing in this Section shall be
construed to require the organization to become a licensed
vehicle dealer.
(Source: P.A. 100-201, eff. 8-18-17.)
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625 ILCS 5/3-115
(625 ILCS 5/3-115) (from Ch. 95 1/2, par. 3-115)
Sec. 3-115.
Fees - Registration cards - License plates.
(a) An application for a certificate of title shall be accompanied
by an application for, or a transfer of, registration of the vehicle.
(b) An application for the naming of a lienholder or his assignee on
a certificate of title shall be accompanied by the required fee when
mailed or delivered to the Secretary of State.
(c) A transferor of a vehicle, other than a dealer transferring a
new vehicle, shall deliver to the transferee at the time of the delivery
of possession of the vehicle the properly assigned certificate of title
of this vehicle.
(d) All applications shall be accompanied with the required fee or
tax.
(Source: P.A. 83-1473.)
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625 ILCS 5/3-116
(625 ILCS 5/3-116) (from Ch. 95 1/2, par. 3-116)
Sec. 3-116. When Secretary of State to issue a certificate of title.
(a) The Secretary of State, upon receipt of a properly assigned
certificate of title, with an application for a certificate of
title, the required fee and any other documents required by law, shall
issue a new certificate of title in the name of the transferee as owner
and mail it to the first lienholder named in it or, if none, to the
owner or owner's designee.
(b) The Secretary of State, upon receipt of an application for a new
certificate of title by a transferee other than by voluntary transfer,
with proof of the transfer, the required fee and any other documents
required by law, shall issue a new certificate of title in the name of
the transferee as owner.
(b-5) The Secretary of State, upon receipt of an application for a certificate of title and the required fee, may issue a certificate of title to an out-of-state resident if the out-of-state resident is a bona fide purchaser of a vehicle or a manufactured home from a dealer licensed in this State under Section 5-101, 5-101.2, or 5-102 of this Code and the licensed dealer files for bankruptcy, surrenders his or her license, or is otherwise no longer operating as a licensed dealer and does not properly transfer the title application to the bona fide purchaser prior to the licensed dealer's business closure. (c) Any person, firm or corporation, who shall knowingly possess,
buy, sell, exchange or give away, or offer to buy, sell, exchange or
give away the certificate of title to any motor vehicle which is a junk
or salvage, or who shall fail to surrender the certificate of title to
the Secretary of State as required under the provisions of this Section
and Section 3-117.2, shall be guilty of Class 3 felony.
(d) The Secretary of State shall file and retain for four (4) years a
record of every surrendered certificate of title or proof of ownership
accepted by the Secretary of State, the file to be maintained so as to
permit the tracing of title of the vehicle designated therein. Such filing and retention requirements shall be in addition to and not in substitution for the recordkeeping requirements set forth in Section 3-106 of this Code, which recordkeeping requirements are not limited to any period of time.
(e) The Secretary of State, upon receipt of an application for
corrected certificate of title, with the original title, the required fee
and any other required documents, shall issue a corrected certificate of
title in the name of the owner and mail it to the first lienholder named in
it or, if none, to the owner or owner's designee.
(f) The Secretary of State, upon receipt of a certified copy of a court
order awarding ownership to an applicant along with an application for a
certificate of title and the required fee, shall issue a certificate of title
to the applicant.
(Source: P.A. 100-450, eff. 1-1-18.)
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625 ILCS 5/3-116.1 (625 ILCS 5/3-116.1) Sec. 3-116.1. Surrender of Manufacturer's Statement of Origin to a manufactured home. (a) The owner (all, if more than one) of a manufactured home that is covered by a Manufacturer's Statement of Origin and that is affixed to a permanent foundation as defined in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, or which the owner intends to affix to a permanent foundation as defined in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, may surrender the Manufacturer's Statement of Origin to the manufactured home to the Secretary of State by filing with the Secretary of State an application for surrender of Manufacturer's Statement of Origin containing or accompanied by: (1) the name, residence, and mailing address of the | | (2) a description of the manufactured home including
| | the name of the manufacturer, the make, the model name, the model year, the dimensions, and the vehicle identification number of the manufactured home and whether it is new or used, and any other information the Secretary of State requires;
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| (3) the date of purchase by the owner of the
| | manufactured home, the name and address of the person from whom the home was acquired, and the names and addresses of any security interest holders and lienholders in the order of their apparent priority;
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| (4) a statement signed by the owner, stating either
| | (i) any facts or information known to the owner that could reasonably affect the validity of the title to the manufactured home or the existence or non-existence of a security interest in or lien on it or (ii) that no such facts or information are known to the owner;
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| (5) a certified copy of the recorded affidavit of
| | affixation in accordance with the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act;
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| (6) the original Manufacturer's Statement of Origin;
(7) the name and mailing address of each owner of the
| | manufactured home or such owner's designee wishing to receive written acknowledgment of surrender from the Secretary of State; and
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| (8) any other information and documents the Secretary
| | of State reasonably requires to identify the owner of the manufactured home and to enable him or her to determine whether the owner satisfied the requirements of the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act and is entitled to surrender the Manufacturer's Statement of Origin, and the existence or non-existence of security interests in or liens on the manufactured home.
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| (b) When satisfied as to the genuineness and regularity of the surrender of a Manufacturer's Statement of Origin to a manufactured home, payment of any applicable fees and upon satisfaction of the requirements of subsection (a) of this Section, the Secretary of State shall (i) cancel the Manufacturer's Statement of Origin and update his or her records in accordance with the provisions of Section 3-106 and (ii) provide written acknowledgment of compliance with the provisions of this Section to each person identified on the application for surrender of Manufacturer's Statement of Origin pursuant to subsection (a)(7) of this Section.
(c) Upon satisfaction of the requirements of this Section, a manufactured home shall be conveyed and encumbered as provided in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act. If the application to surrender a Manufacturer's Statement of Origin is delivered to the Secretary of State within 60 days of recording the related affidavit of affixation with the recording officer in the county in which the real property to which the manufactured home is or shall be affixed and the application is thereafter accepted by the Secretary of State, the requirements of this Section shall be deemed satisfied as of the date the affidavit of affixation is recorded.
(d) Upon written request by a person identified on the application for surrender of Manufacturer's Statement of Origin pursuant to subsection (a)(7) of this Section, the Secretary of State shall provide written acknowledgment of compliance with the provisions of this Section.
(Source: P.A. 98-749, eff. 7-16-14.)
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625 ILCS 5/3-116.2 (625 ILCS 5/3-116.2) Sec. 3-116.2. Application for surrender of title. (a) The owner (all, if more than one) of a manufactured home that is covered by a certificate of title, including, if applicable, a certificate of title issued in accordance with subsection (b) of Section 3-109, and that is permanently affixed to real property as defined in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, or which the owner intends to permanently affix to real property as defined in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, may surrender the certificate of title to the manufactured home to the Secretary of State by filing with the Secretary of State an application for surrender of title containing or accompanied by: (1) the name, residence, and mailing address of the | | (2) a description of the manufactured home including
| | the name of the manufacturer, the make, the model name, the model year, the dimensions, and the vehicle identification number or numbers of the manufactured home and whether it is new or used and any other information the Secretary of State requires;
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| (3) the date of purchase by the owner of the
| | manufactured home, the name and address of the person from whom the home was acquired and the names and addresses of any security interest holders and lienholders in the order of their apparent priority;
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| (4) a statement signed by the owner, stating either,
| | (i) any facts or information known to the owner that could reasonably affect the validity of the title to the manufactured home or the existence or non-existence of a security interest in or lien on it; or (ii) that no such facts or information are known to the owner;
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| (5) a certified copy of the affidavit of affixation
| | in accordance with the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act;
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| (6) the original certificate of title;
(7) the name and mailing address of each owner of the
| | manufactured home or such owner's designee wishing written acknowledgment of surrender from the Secretary of State;
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| (8) a release of security interests (if any) pursuant
| | to Section 3-205 of this Code; and
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| (9) any other information and documents the Secretary
| | of State reasonably requires to identify the owner of the manufactured home and to enable him or her to determine whether the owner satisfied the requirements of the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act and is entitled to surrender the certificate of title and the existence or non-existence of security interests in or liens on the manufactured home.
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| (b) The Secretary of State shall not accept for surrender a certificate of title to a manufactured home unless and until all security interests or liens perfected pursuant to Sections 3-106 and 3-202 have been released.
(c) When satisfied as to the genuineness and regularity of the surrender of a certificate of title to a manufactured home, payment of any applicable fees and upon satisfaction of the requirements of subsections (a) and (b) of this Section, the Secretary of State shall (i) cancel the certificate of title and update his or her records in accordance with the provisions of Section 3-106 and (ii) provide written acknowledgment of compliance with the provisions of this Section to each person identified on the application for surrender of title pursuant to subsection (a)(7) of this Section.
(d) Upon satisfaction of the requirements of this Section, a manufactured home shall be conveyed and encumbered as provided in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act. If the application to surrender a certificate of title is delivered to the Secretary of State within 60 days of recording the related affidavit of affixation with the recording officer in the county in which the real property to which the manufactured home is or shall be affixed, and the application is thereafter accepted by the Secretary of State, the requirements of this Section shall be deemed satisfied as of the date the affidavit of affixation is recorded.
(e) Upon written request by a person identified on the application for surrender of title pursuant to subsection (a)(7) of this Section, the Secretary of State shall provide written acknowledgment of compliance with the provisions of this Section.
(Source: P.A. 98-749, eff. 7-16-14.)
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625 ILCS 5/3-116.3 (625 ILCS 5/3-116.3) Sec. 3-116.3. Application for a certificate of title to a severed manufactured home. (a) Notwithstanding any other provision of law, where a manufactured home has been affixed to a permanent foundation, and an affidavit of affixation has been recorded as part of the real property records in the county in which the manufactured home is located in accordance with the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, and where the manufactured home subsequently is detached or severed from the real property, the owner (all, if more than one) of the manufactured home shall, unless exempted by other provisions of this Code, apply for a new certificate of title by filing with the Secretary of State an application for a certificate of title to a manufactured home, to be issued in accordance with subsection (b) of Section 3-109, containing or accompanied by: (1) the name, residence, and mailing address of the | | (2) a description of the manufactured home, including
| | the name of the manufacturer, the make, the model name, the model year, the dimensions, and the vehicle identification number or numbers of the manufactured home and whether it is new or used, and any other information the Secretary of State requires;
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| (3) a statement signed by the applicant, stating
| | either: (i) any facts or information known to the applicant that could reasonably affect the validity of the title of the manufactured home or the existence or non-existence of any security interest in or lien on it or (ii) that no such facts or information are known to the applicant;
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| (4) a certified copy of the recorded affidavit of
| | severance provided in accordance with the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act; and
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| (5) any other information and documents the Secretary
| | of State reasonably requires.
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| (b) Upon satisfaction of the requirements of subsection (a) of this Section and subsection (b) of Section 3-109, the Secretary of State shall issue a new certificate of title pursuant to subsection (b) of Section 3-109 and update his or her records in accordance with the provisions of Section 3-106.
(c) Immediately upon satisfaction of the requirements of this Section and thereafter, a manufactured home shall be conveyed and encumbered as personal property.
(d) The satisfaction of the requirements of this Section with respect to a manufactured home shall have no effect on the manner in which such manufactured home is taxed pursuant to the Property Tax Code or the Mobile Home Local Services Tax Act.
(Source: P.A. 98-749, eff. 7-16-14.)
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625 ILCS 5/3-117.1
(625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)
Sec. 3-117.1. When junking certificates or salvage certificates must
be obtained. (a) Except as provided in Chapter 4 and Section 3-117.3 of this Code, a person who possesses a
junk vehicle shall within 15 days cause the certificate of title, salvage
certificate, certificate of purchase, or a similarly acceptable out-of-state
document of ownership to be surrendered to the Secretary of State along with an
application for a junking certificate, except as provided in Section 3-117.2,
whereupon the Secretary of State shall issue to such a person a junking
certificate, which shall authorize the holder thereof to possess, transport,
or, by an endorsement, transfer ownership in such junked vehicle, and a
certificate of title shall not again be issued for such vehicle. The owner of a junk vehicle is not required to surrender the certificate of title under this subsection if (i) there is no lienholder on the certificate of title or (ii) the owner of the junk vehicle has a valid lien release from the lienholder releasing all interest in the vehicle and the owner applying for the junk certificate matches the current record on the certificate of title file for the vehicle.
A licensee who possesses a junk vehicle and a Certificate of Title,
Salvage Certificate, Certificate of Purchase, or a similarly acceptable
out-of-state document of ownership for such junk vehicle, may transport the
junk vehicle to another licensee prior to applying for or obtaining a
junking certificate, by executing a uniform invoice. The licensee
transferor shall furnish a copy of the uniform invoice to the licensee
transferee at the time of transfer. In any case, the licensee transferor
shall apply for a junking certificate in conformance with Section 3-117.1
of this Chapter. The following information shall be contained on a uniform
invoice:
(1) The business name, address, and dealer license | | number of the person disposing of the vehicle, junk vehicle, or vehicle cowl;
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(2) The name and address of the person acquiring the
| | vehicle, junk vehicle, or vehicle cowl and, if that person is a dealer, the Illinois or out-of-state dealer license number of that dealer;
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(3) The date of the disposition of the vehicle, junk
| | vehicle, or vehicle cowl;
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(4) The year, make, model, color, and description of
| | each vehicle, junk vehicle, or vehicle cowl disposed of by such person;
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(5) The manufacturer's vehicle identification number,
| | Secretary of State identification number, or Illinois State Police number for each vehicle, junk vehicle, or vehicle cowl part disposed of by such person;
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(6) The printed name and legible signature of the
| | person or agent disposing of the vehicle, junk vehicle, or vehicle cowl; and
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(7) The printed name and legible signature of the
| | person accepting delivery of the vehicle, junk vehicle, or vehicle cowl.
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The Secretary of State may certify a junking manifest in a form prescribed by
the Secretary of State that reflects those vehicles for which junking
certificates have been applied or issued. A junking manifest
may be issued to any person and it shall constitute evidence of ownership
for the vehicle listed upon it. A junking manifest may be transferred only
to a person licensed under Section 5-301 of this Code as a scrap processor.
A junking manifest will allow the transportation of those
vehicles to a scrap processor prior to receiving the junk certificate from
the Secretary of State.
(b) An application for a salvage certificate shall be submitted to the
Secretary of State in any of the following situations:
(1) When an insurance company makes a payment of
| | damages on a total loss claim for a vehicle, the insurance company shall be deemed to be the owner of such vehicle and the vehicle shall be considered to be salvage except that ownership of (i) a vehicle that has incurred only hail damage that does not affect the operational safety of the vehicle or (ii) any vehicle 9 model years of age or older may, by agreement between the registered owner and the insurance company, be retained by the registered owner of such vehicle. The insurance company shall promptly deliver or mail within 20 days the certificate of title along with proper application and fee to the Secretary of State, and a salvage certificate shall be issued in the name of the insurance company. Notwithstanding the foregoing, an insurer making payment of damages on a total loss claim for the theft of a vehicle shall not be required to apply for a salvage certificate unless the vehicle is recovered and has incurred damage that initially would have caused the vehicle to be declared a total loss by the insurer.
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| (1.1) When a vehicle of a self-insured company is to
| | be sold in the State of Illinois and has sustained damaged by collision, fire, theft, rust corrosion, or other means so that the self-insured company determines the vehicle to be a total loss, or if the cost of repairing the damage, including labor, would be greater than 70% of its fair market value without that damage, the vehicle shall be considered salvage. The self-insured company shall promptly deliver the certificate of title along with proper application and fee to the Secretary of State, and a salvage certificate shall be issued in the name of the self-insured company. A self-insured company making payment of damages on a total loss claim for the theft of a vehicle may exchange the salvage certificate for a certificate of title if the vehicle is recovered without damage. In such a situation, the self-insured shall fill out and sign a form prescribed by the Secretary of State which contains an affirmation under penalty of perjury that the vehicle was recovered without damage and the Secretary of State may, by rule, require photographs to be submitted.
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(2) When a vehicle the ownership of which has been
| | transferred to any person through a certificate of purchase from acquisition of the vehicle at an auction, other dispositions as set forth in Sections 4-208 and 4-209 of this Code, or a lien arising under Section 18a-501 of this Code shall be deemed salvage or junk at the option of the purchaser. The person acquiring such vehicle in such manner shall promptly deliver or mail, within 20 days after the acquisition of the vehicle, the certificate of purchase, the proper application and fee, and, if the vehicle is an abandoned mobile home under the Abandoned Mobile Home Act, a certification from a local law enforcement agency that the vehicle was purchased or acquired at a public sale under the Abandoned Mobile Home Act to the Secretary of State and a salvage certificate or junking certificate shall be issued in the name of that person. The salvage certificate or junking certificate issued by the Secretary of State under this Section shall be free of any lien that existed against the vehicle prior to the time the vehicle was acquired by the applicant under this Code.
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(3) A vehicle which has been repossessed by a
| | lienholder shall be considered to be salvage only when the repossessed vehicle, on the date of repossession by the lienholder, has sustained damage by collision, fire, theft, rust corrosion, or other means so that the cost of repairing such damage, including labor, would be greater than 50% of its fair market value without such damage. If the lienholder determines that such vehicle is damaged in excess of 50% of such fair market value, the lienholder shall, before sale, transfer, or assignment of the vehicle, make application for a salvage certificate, and shall submit with such application the proper fee and evidence of possession. If the facts required to be shown in subsection (f) of Section 3-114 are satisfied, the Secretary of State shall issue a salvage certificate in the name of the lienholder making the application. In any case wherein the vehicle repossessed is not damaged in excess of 50% of its fair market value, the lienholder shall comply with the requirements of subsections (f), (f-5), and (f-10) of Section 3-114, except that the affidavit of repossession made by or on behalf of the lienholder shall also contain an affirmation under penalty of perjury that the vehicle on the date of sale is not damaged in excess of 50% of its fair market value. If the facts required to be shown in subsection (f) of Section 3-114 are satisfied, the Secretary of State shall issue a certificate of title as set forth in Section 3-116 of this Code. The Secretary of State may by rule or regulation require photographs to be submitted.
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(4) A vehicle which is a part of a fleet of more than
| | 5 commercial vehicles registered in this State or any other state or registered proportionately among several states shall be considered to be salvage when such vehicle has sustained damage by collision, fire, theft, rust, corrosion or similar means so that the cost of repairing such damage, including labor, would be greater than 50% of the fair market value of the vehicle without such damage. If the owner of a fleet vehicle desires to sell, transfer, or assign his interest in such vehicle to a person within this State other than an insurance company licensed to do business within this State, and the owner determines that such vehicle, at the time of the proposed sale, transfer or assignment is damaged in excess of 50% of its fair market value, the owner shall, before such sale, transfer or assignment, make application for a salvage certificate. The application shall contain with it evidence of possession of the vehicle. If the fleet vehicle at the time of its sale, transfer, or assignment is not damaged in excess of 50% of its fair market value, the owner shall so state in a written affirmation on a form prescribed by the Secretary of State by rule or regulation. The Secretary of State may by rule or regulation require photographs to be submitted. Upon sale, transfer or assignment of the fleet vehicle the owner shall mail the affirmation to the Secretary of State.
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(5) A vehicle that has been submerged in water to the
| | point that rising water has reached over the door sill and has entered the passenger or trunk compartment is a "flood vehicle". A flood vehicle shall be considered to be salvage only if the vehicle has sustained damage so that the cost of repairing the damage, including labor, would be greater than 50% of the fair market value of the vehicle without that damage. The salvage certificate issued under this Section shall indicate the word "flood", and the word "flood" shall be conspicuously entered on subsequent titles for the vehicle. A person who possesses or acquires a flood vehicle that is not damaged in excess of 50% of its fair market value shall make application for title in accordance with Section 3-116 of this Code, designating the vehicle as "flood" in a manner prescribed by the Secretary of State. The certificate of title issued shall indicate the word "flood", and the word "flood" shall be conspicuously entered on subsequent titles for the vehicle.
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(6) When any licensed rebuilder, repairer, new or
| | used vehicle dealer, or remittance agent has submitted an application for title to a vehicle (other than an application for title to a rebuilt vehicle) that he or she knows or reasonably should have known to have sustained damages in excess of 50% of the vehicle's fair market value without that damage; provided, however, that any application for a salvage certificate for a vehicle recovered from theft and acquired from an insurance company shall be made as required by paragraph (1) of this subsection (b).
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| (c) Any person who without authority acquires, sells, exchanges, gives
away, transfers or destroys or offers to acquire, sell, exchange, give
away, transfer or destroy the certificate of title to any vehicle which is
a junk or salvage vehicle shall be guilty of a Class 3 felony.
(d) Except as provided under subsection (a), any person who knowingly fails to surrender to the Secretary of State a
certificate of title, salvage certificate, certificate of purchase or a
similarly acceptable out-of-state document of ownership as required under
the provisions of this Section is guilty of a Class A misdemeanor for a
first offense and a Class 4 felony for a subsequent offense; except that a
person licensed under this Code who violates paragraph (5) of subsection (b)
of this Section is
guilty of a business offense and shall be fined not less than $1,000 nor more
than $5,000 for a first offense and is guilty of a Class 4 felony
for a second or subsequent violation.
(e) Any vehicle which is salvage or junk may not be driven or operated
on roads and highways within this State. A violation of this subsection is
a Class A misdemeanor. A salvage vehicle displaying valid special plates
issued under Section 3-601(b) of this Code, which is being driven to or
from an inspection conducted under Section 3-308 of this Code, is exempt
from the provisions of this subsection. A salvage vehicle for which a
short term permit has been issued under Section 3-307 of this Code is
exempt from the provisions of this subsection for the duration of the permit.
(Source: P.A. 101-81, eff. 7-12-19; 102-319, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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625 ILCS 5/3-117.2
(625 ILCS 5/3-117.2) (from Ch. 95 1/2, par. 3-117.2)
Sec. 3-117.2. Junk vehicle notification. Beginning July 1, 1989 a
person licensed as a scrap processor or automotive parts recycler pursuant to Section 5-301 of this Code
who acquires a properly assigned Certificate of Title, a Salvage
Certificate, a Certificate of Purchase, or a similarly acceptable
out-of-state document of ownership pursuant to Section 5-401.3 of this
Code, shall within 15 days of acquiring such document, submit it to the
Secretary of State along with a Junk Vehicle Notification, the form and
manner for which shall be as prescribed by Secretary of State rule or
regulation. A scrap processor or automotive parts recycler who acquires the above named documents of
ownership pursuant to Section 5-401.3 shall not be required to apply for or
obtain a junking certificate. The information contained on a
Junk Vehicle Notification shall be duly recorded by the Secretary of State
upon the receipt of such Notification. The Secretary of State shall not
again issue a Certificate of Title or Salvage Certificate for any vehicle
listed on a Junk Vehicle Notification.
(Source: P.A. 102-436, eff. 1-1-22.)
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625 ILCS 5/3-117.3 (625 ILCS 5/3-117.3) Sec. 3-117.3. Junking or salvage certificates; insurance company; salvage dealer. (a) For purposes of this Section, "salvage dealer" means a licensed dealer who primarily sells salvage vehicles on behalf of insurance companies and obtains a "salvage dealer" designation through the used dealer application process under Section 5-102 of this Code. (b) Notwithstanding any other provision of law to the contrary, an insurance company or salvage dealer may, after completing a record search for any owner of a vehicle or a lienholder of record, obtain free of any lien a junking certificate or salvage certificate in the insurance company's name by submitting an application for a junking certificate or salvage certificate to the Secretary of State. The application shall include, but is not limited to, proof of full payment, in whole or in part, to the vehicle owner or, if applicable, any lienholder of record and proof of notice to the vehicle owner and any lienholder via certified mail or other proof of service that a transfer of title shall occur no earlier than 30 days after the date the notice is sent. Upon approval of the application, the Secretary shall issue to the insurance company a junking certificate or salvage certificate free of any lien in the insurance company's name. An insurance company or salvage dealer shall not sell a salvage vehicle with a title obtained under this subsection (b) to anyone not authorized to buy salvage vehicles under this Code. This subsection (b) shall apply only to a motor vehicle titled in this State that has been through an insurance claims process and the owner of the vehicle or lienholder, if applicable, has received compensation in exchange for relinquishing the ownership rights of the vehicle to an insurance company licensed under the Illinois Insurance Code and the insurance company is unable to obtain an endorsed certificate of title within 30 days of payment to the owner or lienholder. (c) Notwithstanding any other provision of law to the contrary, a salvage dealer may, after completing a record search for any owner of a vehicle or a lienholder of record, obtain free of any lien a junking certificate or salvage certificate in his or her name by submitting an application for a junking certificate or a salvage certificate to the Secretary of State which shall include, but is not limited to, proof of notice via certified mail or other proof of service to the vehicle owner or any lienholder that a transfer of title shall occur no earlier than 30 days after the date the notice is sent. The notice shall inform the vehicle owner or lienholder that upon payment of any applicable charges, the vehicle may be removed from the salvage dealer's facility. Upon approval of the application, the Secretary shall issue to the salvage dealer a junking certificate or salvage certificate free of any lien in the salvage dealer's name. A salvage dealer shall not sell a salvage vehicle with a title obtained under this subsection (c) to anyone not authorized to buy salvage vehicles under this Code. This subsection (c) shall apply only to a motor vehicle titled in this State and in possession of a salvage dealer by request of an insurance company licensed under the Illinois Insurance Code to take possession of the motor vehicle subject to an insurance claim and the insurance company denies coverage of the vehicle or does not take ownership of the vehicle within 45 days of possession by the salvage dealer. (d) A vehicle owner or lienholder may send notice of dispute of the transfer of title under this Section within 30 days after the required notice is sent by the insurance company or salvage dealer. If a dispute between a vehicle owner or lienholder and an insurance company or salvage dealer cannot be resolved within 45 days after the required notice to the vehicle owner or lienholder is sent, the vehicle owner or lienholder, within 90 days after sending notice of dispute, shall petition a court of competent jurisdiction for an order to determine ownership of the vehicle and shall notify the Secretary of State of the filing of the petition. If a vehicle owner or lienholder does not file a petition within the 90-day period, the title to the vehicle shall be issued to the insurance company or salvage dealer under this Section. (e) Any person who without authority acquires, sells, exchanges, gives away, transfers, or destroys or offers to acquire, sell, exchange, give away, transfer, or destroy the certificate of title to any vehicle which is a junk or salvage vehicle shall be guilty of a Class 3 felony. (f) Any person who knowingly fails to surrender to the Secretary of State a certificate of title, salvage certificate, or certificate of purchase is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second and subsequent offense. (g) Any vehicle which is salvage or junk may not be driven or operated on roads and highways within this State. A violation of this subsection (g) is a Class A misdemeanor. A salvage vehicle displaying valid special plates issued under subsection (b) of Section 3-601 of this Code, which is being driven to or from an inspection conducted under Section 3-308 of this Code, is exempt from the provisions of this subsection (g). A salvage vehicle for which a short term permit has been issued under Section 3-307 of this Code is exempt from the provisions of this subsection (g) for the duration of the permit. (h) The Secretary of State may adopt any rules necessary to implement this Section.
(Source: P.A. 100-104, eff. 11-9-17.) |
625 ILCS 5/3-117.5 (625 ILCS 5/3-117.5) Sec. 3-117.5. Automatic processing of applications for salvage or junking certificates; salvage dealer; bond. (a) Notwithstanding any other provision of law to the contrary and subject to the requirements of this Section, if a salvage dealer as defined under Section 3-117.3 posts annually a bond in the amount of $100,000, up to a maximum aggregate amount of $100,000, with the Secretary of State, the Secretary of State shall automatically process any properly submitted application by the salvage dealer for a salvage certificate or junking certificate pursuant to Section 3-117.1 and issue the appropriate salvage certificate or junking certificate. The Secretary of State Vehicle Services Department may conduct random samplings of automatically processed applications submitted by a salvage dealer under this Section to ensure that the salvage dealer's applications for salvage certificates or junking certificates are accurate. Applications for salvage certificates or junking certificates submitted by a salvage dealer that are not accompanied by the most current certificate of title are not eligible for automatic processing, including, but not limited to, applications accompanied by an affidavit or a uniform invoice or certificate of purchase under Section 3-117.1. (b) If a salvage dealer fails to properly submit applications for salvage certificates or junking certificates at an 85% rate of accuracy or greater, then the Secretary of State Vehicle Services Department may suspend that salvage dealer's right to automatic processing of applications for salvage certificates or junking certificates for a period of not less than 90 days. Prior to the initial suspension of a salvage dealer's right to automatic processing of applications for salvage certificates or junking certificates, the Secretary of State Vehicle Services Department shall provide notice to the salvage dealer of the processing errors or defects and provide the salvage dealer with an opportunity to cure the processing errors or defects within a reasonable period, which shall not be less than 14 days. If the same processing errors or defects that are contained in the initial notice to the salvage dealer are repeated a second time by a salvage dealer within a 12-month period from the date of the initial notice, then the Secretary of State Vehicle Services Department shall suspend that salvage dealer's right to automatic processing of applications for salvage certificates or junking certificates for a period of not less than 90 days. If the same processing errors or defects that are contained in the initial notice to a salvage dealer are repeated a third time by the salvage dealer within a 12-month period from the date of the initial notice, then the Secretary of State Vehicle Services Department shall suspend that salvage dealer's right to automatic processing of applications for salvage certificates or junking certificates for a period of not less than 180 days. (c) After a salvage dealer's right to automatic processing of applications for salvage certificates or junking certificates has been suspended and the applicable suspension period has been served, the salvage dealer may request reinstatement of the right to automatic processing of applications for salvage certificates or junking certificates by demonstrating to the Secretary of State Vehicle Services Department that the salvage dealer has corrected the processing errors or defects that resulted in the suspension. The Secretary of State Vehicle Services Department, after meeting and conferring with the salvage dealer, shall have the sole discretion, subject to the appeal rights in subsection (d), to determine whether to grant the salvage dealer's request for reinstatement. (d) A salvage dealer may appeal a suspension or a denial of a request for reinstatement of the right to automatic processing of applications for salvage certificates or junking certificates directly to the Secretary of State. (e) The annual bond posted as required by this Section shall be held by the Secretary of State to secure compensation for an owner of a vehicle if it is determined that the salvage dealer caused the improper transfer of ownership of the vehicle without performing the required procedures set forth in this Chapter. After providing the salvage dealer with a reasonable opportunity to provide proof of its due diligence relating to the disputed transaction and after meeting and conferring with the salvage dealer, the Secretary of State Vehicle Services Department shall determine whether the certificate of title of the vehicle was improperly transferred out of the owner's name by the salvage dealer. This determination shall create a rebuttable presumption that the vehicle was improperly transferred out of the owner's name by the salvage dealer. Upon such a determination by the Secretary of State Vehicle Services Department, if the salvage dealer does not compensate the vehicle owner for the value of the improperly transferred certificate of title, the owner of the vehicle shall have the right to seek reimbursement from the posted bond for the loss of the vehicle under a Court of Claims proceeding. (f) The security deposited as an annual bond pursuant to this Section shall be placed by the Secretary of State in the custody of the State Treasurer. Thereafter, any person with a claim against the bond may enforce the claim through an appropriate proceeding in the Court of Claims, subject to the limitations prescribed for the Court of Claims.
(Source: P.A. 102-733, eff. 1-1-23.) |
625 ILCS 5/3-118
(625 ILCS 5/3-118) (from Ch. 95 1/2, par. 3-118)
Sec. 3-118. Application for salvage or junking certificate; contents.
(a) An application for a salvage certificate or junking certificate
shall be made upon the forms prescribed by the Secretary of State and contain:
1. The name and address of the owner;
2. A description of the vehicle including, so far as | | the following data exists: its make, year-model, identifying number, type of body, whether new or used;
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3. The date of purchase by applicant; and
4. Any further information reasonably required by
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(b) The application for salvage certificate must also contain the
current odometer reading and that the stated odometer reading is one of the
following: actual mileage, not the actual mileage or mileage is in
excess of its mechanical limits.
(b-5) Each application for a salvage certificate for a motor vehicle shall be verified by the National Motor Vehicle Title Information System (NMVTIS) for a vehicle history report prior to the Secretary issuing a salvage certificate.
(c) A salvage certificate may be assigned to any person licensed under
this Act as a rebuilder, automotive parts recycler, or scrap processor, or to an
out-of-state salvage vehicle buyer. A salvage certificate for a vehicle that has come from a police impoundment may be assigned to a municipal fire department. A junking certificate may be assigned
to anyone. The provisions for reassignment by dealers under paragraph (a)
of Section 3-113 shall apply to salvage certificates, except as provided
in Section 3-117.2. A salvage certificate may be reassigned to one other
person to whom a salvage certificate may be assigned pursuant to this Section.
(Source: P.A. 99-414, eff. 8-20-15.)
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625 ILCS 5/3-118.1
(625 ILCS 5/3-118.1) (from Ch. 95 1/2, par. 3-118.1)
Sec. 3-118.1.
Whenever a certificate of title is issued for a vehicle
with respect to which a salvage certificate has been previously issued,
the new certificate of title shall bear the notation "REBUILT". However,
insurance companies or persons licensed under Section 5-301 who are also
licensed as a used vehicle dealer under Section 5-102 of this Code may
exchange a salvage certificate for a certificate of title which does not
bear the notation "REBUILT" when there is submitted with the application
satisfactory proof that the salvage certificate was obtained because of a
claim of total loss from theft and the vehicle was recovered
without structural damage caused by collision, fire, flood, theft, rust,
or corrosion.
The Secretary may adopt rules governing the issuance of titles authorized
under this Section.
(Source: P.A. 89-189, eff. 1-1-96.)
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625 ILCS 5/Ch. 3 Art. II
(625 ILCS 5/Ch. 3 Art. II heading)
ARTICLE II.
SECURITY INTERESTS
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625 ILCS 5/3-201
(625 ILCS 5/3-201) (from Ch. 95 1/2, par. 3-201)
Sec. 3-201.
Excepted liens and security interests.
This Article does not apply to or affect:
(a) A lien given by statute or rule of law to a supplier of services or
materials for the vehicle;
(b) A lien given by statute to the United States, this State or any
political subdivision of this State, except liens on trailer coaches and
mobile homes for public assistance, as provided in Section 3-12 (now
repealed) of the
Illinois Public Aid Code.
(c) A security interest in a vehicle created by a manufacturer or dealer
who holds the vehicle for sale, but a buyer in the ordinary course of trade
from the manufacturer or dealer takes free of the security interest.
(Source: P.A. 90-655, eff. 7-30-98.)
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625 ILCS 5/3-201.1
(625 ILCS 5/3-201.1) (from Ch. 95 1/2, par. 3-201.1)
Sec. 3-201.1.
Terminal rent adjustment clause leases.
In the case of
motor vehicles or trailers, a transaction does not create a sale or a security
interest merely because it provides that the rental price is permitted or
required to be adjusted under the agreement either upward or downward by
reference to the amount realized upon sale or other disposition of the
motor vehicle or trailer.
(Source: P.A. 87-493.)
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625 ILCS 5/3-202
(625 ILCS 5/3-202) (from Ch. 95 1/2, par. 3-202)
Sec. 3-202. Perfection of security interest.
(a) Unless excepted by Section 3-201, a security interest in a
vehicle of a type for which a certificate of title is required is not
valid against subsequent transferees or lienholders of the vehicle
unless perfected as provided in this Act. A purchase money security interest in a manufactured home is perfected against the rights of judicial lien creditors and execution creditors on and after the date such purchase money security interest attaches.
(b) A security interest is perfected by the delivery to the
Secretary of State of the existing certificate of title, if any, an
application for a certificate of title containing the name and address
of the lienholder and the
required fee. The security interest is perfected as of the time of
its creation if the
delivery to the Secretary of State is completed within 30 days after the
creation of the security interest or receipt by the new lienholder of the
existing certificate of title from a prior lienholder or licensed
dealer, otherwise as of the
time of the delivery.
(c) If a vehicle is subject to a security interest when brought into
this State, the validity of the security interest is determined by the
law of the jurisdiction where the vehicle was when the security interest
attached, subject to the following:
1. If the parties understood at the time the security | | interest attached that the vehicle would be kept in this State and it was brought into this State within 30 days thereafter for purposes other than transportation through this State, the validity of the security interest in this State is determined by the law of this State.
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2. If the security interest was perfected under the
| | law of the jurisdiction where the vehicle was when the security interest attached, the following rules apply:
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(A) If the name of the lienholder is shown on an
| | existing certificate of title issued by that jurisdiction, his security interest continues perfected in this State.
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(B) If the name of the lienholder is not shown on
| | an existing certificate of title issued by that jurisdiction, a security interest may be perfected by the lienholder delivering to the Secretary of State the prescribed notice and by payment of the required fee. Such security interest is perfected as of the time of delivery of the prescribed notice and payment of the required fee.
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3. If the security interest was not perfected under
| | the law of the jurisdiction where the vehicle was when the security interest attached, it may be perfected in this State; in that case perfection dates from the time of perfection in this State.
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4. A security interest may be perfected under
| | paragraph 3 of this subsection either as provided in subsection (b) or by the lienholder delivering to the Secretary of State a notice of security interest in the form the Secretary of State prescribes and the required fee.
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(d) Except as otherwise provided in Sections 3-116.1, 3-116.2, 3-207, and the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, after a certificate of title has been issued for a manufactured home and as long as the manufactured home is subject to any security interest perfected pursuant to this Section, the Secretary of State shall not file an affidavit of affixation, nor cancel the Manufacturer's Statement of Origin, nor revoke the certificate of title, nor issue a certificate of title under Section 3-106, and, in any event, the validity and priority of any security interest perfected pursuant to this Section shall continue, notwithstanding the provision of any other law.
(Source: P.A. 98-749, eff. 7-16-14.)
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625 ILCS 5/3-203
(625 ILCS 5/3-203) (from Ch. 95 1/2, par. 3-203)
Sec. 3-203.
Security interest.
If an owner creates a security interest in a vehicle:
(a) The owner shall immediately execute the application, in the
space provided therefor on the certificate of title or on a separate
form the Secretary of State prescribes, to name the lienholder on the
certificate, showing the name and address of the lienholder and cause the
certificate, application and
the required fee to be delivered to the lienholder.
(b) The lienholder shall immediately cause the certificate,
application and the required fee to be mailed or delivered to the
Secretary of State.
(c) Upon request of the owner or subordinate lienholder, a
lienholder in possession of the certificate of title shall either mail
or deliver the certificate to the subordinate lienholder for delivery to
the Secretary of State or, upon receipt from the subordinate lienholder
of the owner's application and the required fee, mail or deliver them to
the Secretary of State with the certificate. The delivery of the
certificate does not affect the rights of the first lienholder under his
security agreement.
(d) Upon receipt of the certificate of title, application and the
required fee, the Secretary of State shall issue a new certificate containing
the name and address
of the new lienholder, and mail the certificate to the first lienholder
named in it.
(Source: P.A. 85-511.)
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625 ILCS 5/3-204
(625 ILCS 5/3-204) (from Ch. 95 1/2, par. 3-204)
Sec. 3-204.
Assignment by lienholder.
(a) A lienholder may assign, absolutely or otherwise, his security
interest in the vehicle to a person other than the owner without
affecting the interest of the owner or the validity of the security
interest, but any person without notice of the assignment is protected
in dealing with the lienholder as the holder of the security interest
and the lienholder remains liable for any obligations as lienholder
until the assignee is named as lienholder on the certificate.
(b) The assignee may, but need not to perfect the assignment, have
the certificate of title issued with the assignee named as
lienholder, upon delivering to the Secretary of State the certificate
and an assignment by the lienholder named in the certificate in the form
the Secretary of State prescribes.
(Source: P.A. 85-511.)
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625 ILCS 5/3-205 (625 ILCS 5/3-205) (from Ch. 95 1/2, par. 3-205)
Sec. 3-205. Release of security interest.
(a) Within 21 days after receiving payment to satisfy a security interest in a vehicle for
which the certificate of title is in the possession of the lienholder,
he shall execute a release of his security interest, and mail
or deliver the certificate and release to the next lienholder named
therein, or, if none, to the owner or any person who delivers to the
lienholder an authorization from the owner to receive the certificate.
If the payment is in the form of cash, a cashier's check, or a
certified check, the number of days is reduced to 10 business days.
If the owner desires a new certificate reflecting no lien, the certificate
and release from the lienholder may be submitted to the Secretary of State,
along with the prescribed application and required fee, for issuance of that
new certificate.
(b) Within 21 days after receiving payment to satisfy a security interest in a vehicle for
which the certificate of title is in the possession of a prior
lienholder, the lienholder whose security interest is satisfied shall
execute a release and deliver the release to the owner or any
person who delivers to the lienholder an authorization from the owner to
receive it. If the payment is in the form of cash, a cashier's check, or a
certified check, the number of days is reduced to 10 business days. The
lienholder in possession of the certificate of title
may either deliver the certificate to the owner, or the person
authorized by him, for delivery to the Secretary of State, or, upon
receipt of the release, may mail or may deliver the certificate and release,
along with prescribed application and require fee, to
the Secretary of State, who shall issue a new certificate.
(c) In addition to any other penalty, a lienholder who fails to execute a
release of his or her security interest or who fails to mail or deliver the
certificate and release within the time limit provided in subsection (a) or (b)
is liable to the person or entity that was supposed to receive the release or
certificate for $150 plus reasonable attorney fees and court costs.
An action under this Section may be brought in small claims court or in any
other appropriate court.
(d) The holder of a security interest in or a lien on a manufactured home may deliver lien release documents to any person to facilitate conveying or encumbering the manufactured home. Any person receiving any such documents so delivered holds the documents in trust for the security interest holder or the lienholder. (Source: P.A. 98-749, eff. 7-16-14.)
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625 ILCS 5/3-206
(625 ILCS 5/3-206) (from Ch. 95 1/2, par. 3-206)
Sec. 3-206.
Duty of lienholder.
A lienholder named in a certificate of title shall, upon written request
of the owner or of another lienholder named on the certificate, disclose
any pertinent information as to his security agreement and the indebtedness
secured by it.
(Source: P.A. 76-1586.)
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625 ILCS 5/3-207
(625 ILCS 5/3-207) (from Ch. 95 1/2, par. 3-207)
Sec. 3-207. Exclusiveness of procedure.
The method provided in this Act of perfecting and giving notice of
security interests subject to this Act is exclusive. Security interests
subject to this Act are hereby exempted from the provisions of law which
otherwise require or relate to the recording or filing of instruments
creating or evidencing security interests in vehicles including chattel
mortgages and conditional sale agreements, provided, however, that with respect to a manufactured home that is or will be affixed to a permanent foundation, upon recordation of an affidavit of affixation pursuant to the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act and satisfaction of the requirements of Section 3-116.1 or 3-116.2, as applicable, any perfection or termination of a security interest with respect to such permanently affixed property shall be governed by the laws applicable to real property.
(Source: P.A. 98-749, eff. 7-16-14.)
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625 ILCS 5/3-208
(625 ILCS 5/3-208) (from Ch. 95 1/2, par. 3-208)
Sec. 3-208. Suspension or revocation of certificates.
(a) The Secretary of State may suspend or revoke a certificate of title,
upon notice and reasonable opportunity to be heard in accordance with
Section 2-118, when authorized by any other provision of law or if he
finds:
1. The certificate of title was fraudulently | | procured or erroneously issued, or
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2. The vehicle has been scrapped, dismantled or
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Except as provided in Section 3-116.2, the Secretary of State shall not suspend or revoke a certificate of title to a manufactured home by reason of the fact that, at any time, it shall have become affixed in any manner to real property.
(b) Suspension or revocation of a certificate of title does not, in
itself, affect the validity of a security interest noted on it.
(c) When the Secretary of State suspends or revokes a certificate of
title, the owner or person in possession of it shall, immediately upon
receiving notice of the suspension or revocation, mail or deliver the
certificate to the Secretary of State.
(d) The Secretary of State may seize and impound any certificate of
title which has been suspended or revoked.
(Source: P.A. 98-749, eff. 7-16-14.)
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625 ILCS 5/3-209
(625 ILCS 5/3-209) (from Ch. 95 1/2, par. 3-209)
Sec. 3-209. Powers of Secretary of State.
(a) The Secretary of State shall prescribe and provide suitable forms of
applications, certificates of title, notices of security interests, and all
other notices and forms necessary to carry out the provisions of this
chapter.
(b) The Secretary of State may:
1. Make necessary investigations to procure | | information required to carry out the provisions of this Act.
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2. Assign a new identifying number to a vehicle if
| | it has none, or its identifying number is destroyed or obliterated, or its motor is changed, and shall either issue a new certificate of title showing the new identifying number or make an appropriate endorsement on the original certificate.
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3. Remove a franchise affiliate's lien so that the
| | franchise affiliate may pursue the balance of the lien with the defunct dealership instead of the constituent. This item applies if a franchise dealer neglects to pay off a trade-in vehicle's lien, and that lien is held by the franchise affiliate. The Secretary shall make this determination pursuant to an investigation by the Secretary of State Department of Police.
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| (Source: P.A. 102-154, eff. 1-1-22.)
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625 ILCS 5/3-210
(625 ILCS 5/3-210) (from Ch. 95 1/2, par. 3-210)
Sec. 3-210.
Court review.
A person aggrieved by an act or omission to
act of the Secretary of
State under this Article is also entitled to a review
thereof by the
Circuit Court of Sangamon County in accordance
with the Administrative Review Law, as amended.
(Source: P.A. 82-783.)
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625 ILCS 5/Ch. 3 Art. III
(625 ILCS 5/Ch. 3 Art. III heading)
ARTICLE III.
CERTIFICATE OF TITLE-REBUILT VEHICLES
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625 ILCS 5/3-301
(625 ILCS 5/3-301) (from Ch. 95 1/2, par. 3-301)
Sec. 3-301. New certificate of title for rebuilt vehicle.
(a) For vehicles 8 model years of age or newer, the Secretary of State
shall issue a new certificate of title to any rebuilt
vehicle or any vehicle which previously had been titled as salvage
in this State or any other jurisdiction upon the successful inspection
of the vehicle in accordance with Section 3-308 of this Article.
(b) Vehicles more than 8 model years old shall not be required to
complete a successful inspection required under Section 3-308 of this Code
before being issued a new certificate of title as provided under this
Section.
(c) Vehicles designated as flood vehicles that have sustained damage
greater than 50% of their fair market value with that damage shall be
required to complete a
successful
inspection required under Section 3-308 of this Code before being issued a new
certificate of title provided under paragraph (5), subsection (b) of Section
3-117.1.
(Source: P.A. 102-319, eff. 1-1-22.)
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625 ILCS 5/3-302
(625 ILCS 5/3-302) (from Ch. 95 1/2, par. 3-302)
Sec. 3-302.
Application for title; contents.
Every application for
a certificate of title for a rebuilt vehicle shall be made upon a form
prescribed by the Secretary of State, and shall include the following:
1. The name, residence and mailing address of the | |
2. A description of the vehicle including, so far as
| | the following data exists: its make, year-model, identifying number, type of body, whether new or used, and as to vehicles of the second division, whether for-hire, not-for-hire, or both for-hire and not-for-hire;
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3. The date of purchase by applicant, the name and
| | address of the person from whom the vehicle was acquired and the names and addresses of any lienholders in the order of their priority;
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4. The current odometer reading at the time of
| | transfer and that the stated odometer reading is one of the following: actual mileage, not the actual mileage or mileage is in excess of its mechanical limits; and
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5. Any further information the Secretary of State
| | reasonably requires to identify the vehicle and to enable him to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vehicle.
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(Source: P.A. 92-651, eff. 7-11-02.)
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625 ILCS 5/3-303
(625 ILCS 5/3-303) (from Ch. 95 1/2, par. 3-303)
Sec. 3-303. Application for title - attachments. Every application
for a certificate of title for a rebuilt vehicle shall be
accompanied by the following:
1. The salvage certificate or out-of-state title | | certificate previously issued for the rebuilt vehicle;
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2. Bills of sale and other documents evidencing the
| | acquisition of all essential parts used to rebuild the vehicle;
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3. Photographs of the rebuilt vehicle if required by
| | rule of the Secretary of State;
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4. A Certificate of Safety furnished by the
| | Department of Transportation as set forth in Section 13-109;
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5. A listing of all replaced essential parts of the
| | rebuilt vehicle, and the identification number of the vehicle or vehicles from which the essential parts originated; and
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6. Where the party has contracted for the rebuilding
| | of the vehicle pursuant to Section 3-304, a copy of the contract and the form executed by the rebuilder.
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| (Source: P.A. 96-330, eff. 1-1-10.)
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625 ILCS 5/3-304
(625 ILCS 5/3-304) (from Ch. 95 1/2, par. 3-304)
Sec. 3-304. Application for title - affirmation. (a) The applicant
applying for a certificate of title for a rebuilt vehicle shall
sign a written affirmation which states the following:
1. The applicant (A) is a licensed rebuilder and personally | | (B) is a licensed builder and personally
| | supervised its rebuilding; or
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| (C) contracted for rebuilding with a licensed
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2. The applicant personally inspected the completed
| | vehicle, and it complies with all safety requirements set forth in this Code and any regulations promulgated thereunder by the Secretary of State;
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3. The identification numbers of the rebuilt vehicle
| | and its parts have not, to the knowledge of the applicant, been removed, destroyed, falsified, altered or defaced;
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4. The salvage certificate or out-of-state title
| | certificate attached to the application has not, to the knowledge of the applicant, been forged, falsified, altered or counterfeited; and
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5. All information contained on the application and
| | its attachments is true and correct to the knowledge of the applicant.
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(b) If the applicant states that he or she has contracted for rebuilding with a licensed rebuilder, the applicant shall submit a statement from the rebuilder, in the form designated by the Secretary, stating that all of the supporting documentation and the contents of the application are, to the best of the rebuilder's knowledge and belief, complete, true, and correct.
(Source: P.A. 96-330, eff. 1-1-10.)
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625 ILCS 5/3-305
(625 ILCS 5/3-305) (from Ch. 95 1/2, par. 3-305)
Sec. 3-305. Inspection fee. The fee for the inspection of a rebuilt
vehicle shall be $94. All such fees received by the Secretary
of State shall be disbursed under subsection (g) of Section 2-119 of this Code.
(Source: P.A. 99-127, eff. 1-1-16.)
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625 ILCS 5/3-306
(625 ILCS 5/3-306) (from Ch. 95 1/2, par. 3-306)
Sec. 3-306.
Retention of documents.
The original documents required to
be submitted to the Secretary of State pursuant to Sections 3-301 through
3-305 shall be retained by the Secretary of State for a period determined
by Secretary of State by rule or regulation.
(Source: P.A. 83-1528.)
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625 ILCS 5/3-307
(625 ILCS 5/3-307) (from Ch. 95 1/2, par. 3-307)
Sec. 3-307.
Short term permit.
The Secretary of State shall issue at no charge a
short term permit for any vehicle for which an application for a
certificate of title has been made under this Article and which must be
driven on the roads and highways of this State to a place of inspection.
(Source: P.A. 84-1302; 84-1304.)
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625 ILCS 5/3-308
(625 ILCS 5/3-308) (from Ch. 95 1/2, par. 3-308)
Sec. 3-308.
Inspection of rebuilt
vehicles.
(a) The Secretary of State shall inspect any vehicle
8 model years of age or newer for which an application for a certificate of
title for a rebuilt
vehicle will be submitted, or any foreign vehicle which is or may have been
salvage
as defined under the provisions of this Code.
(b) The inspection of the vehicle shall include an examination of the
vehicle and its parts and of the application and proof of notification, if
applicable, to determine that:
(1) the identification numbers of the vehicle or its | | parts have not been removed, falsified, altered, defaced, destroyed, or tampered with;
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(2) all information contained in the application for
| | a certificate of title is true and correct; and
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(3) there are no indications that the vehicle or any
| | of its parts have been stolen.
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(c) The Secretary of State shall, by rule or regulation, carry out and
implement the provisions contained in this Section.
(d) All fees received by the Secretary of State from the inspection of
vehicles under this Section shall be applied towards the maintenance of the
vehicle
inspection program and the personnel costs required for the operation of such
program.
(Source: P.A. 89-433, eff. 12-15-95.)
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625 ILCS 5/Ch. 3 Art. IV
(625 ILCS 5/Ch. 3 Art. IV heading)
ARTICLE IV.
ORIGINAL AND RENEWAL OF REGISTRATION
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625 ILCS 5/3-400
(625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
Sec. 3-400. Definitions. Notwithstanding the definitions set forth in
Chapter 1 of this Act, for the purposes of this Article, the following
words shall have the meaning ascribed to them as follows:
"Apportionable Fee" means any periodic recurring fee required for
licensing or registering vehicles, such as, but not limited to,
registration fees, license or weight fees.
"Apportionable Vehicle" means any vehicle, except recreational
vehicles, vehicles displaying restricted plates, city pickup and delivery
vehicles, buses used in transportation of chartered parties, and government
owned vehicles that are used or intended for use in 2 or more member
jurisdictions that allocate or proportionally register vehicles, in a
fleet which is used for the transportation of persons for hire or the
transportation of property and which has a gross vehicle weight in excess of
26,000 pounds; or has three or more axles regardless of weight; or is used in
combination when the weight of such combination exceeds 26,000 pounds gross
vehicle weight. Vehicles, or combinations having a gross vehicle weight of
26,000 pounds or less and two-axle vehicles may be proportionally registered at
the option of such owner.
"Base Jurisdiction" means, for purposes of fleet registration, the
jurisdiction where the registrant has an established place of business,
where operational records of the fleet are maintained and where mileage
is accrued by the fleet. In case a registrant operates more than one
fleet, and maintains records for each fleet in different places, the
"base jurisdiction" for a fleet shall be the jurisdiction where an
established place of business is maintained, where records of the
operation of that fleet are maintained and where mileage is accrued by
that fleet.
"Operational Records" means documents supporting miles traveled in
each jurisdiction and total miles traveled, such as fuel reports, trip
leases, and logs.
"Owner" means a person who holds legal title of a motor vehicle, or in the
event a motor vehicle is the subject of an agreement for the conditional
sale or lease thereof with the right of purchase upon performance of the
conditions stated in the agreement and with an immediate right of
possession vested in the conditional vendee or lessee with right of
purchase, or in the event a mortgagor of such motor vehicle is entitled
to possession, or in the event a lessee of such motor vehicle is
entitled to possession or control, then such conditional vendee or
lessee with right of purchase or mortgagor or lessee is considered to be
the owner for the purpose of this Act.
"Registration plate or digital registration plate cover" means any tinted, colored, painted, marked, clear, or illuminated object that is designed to (i) cover any of the characters of a motor vehicle's
registration plate or digital registration plate; or (ii) distort a recorded image of any of the characters
of a motor vehicle's registration plate or digital registration plate recorded by an automated enforcement system as defined in Section 11-208.6, 11-208.8, or 11-1201.1 of this Code or recorded by an automated traffic control system as defined in Section 15 of the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act. "Rental Owner" means an owner principally engaged, with respect to
one or more rental fleets, in renting to others or offering for rental
the vehicles of such fleets, without drivers.
"Restricted Plates" shall include, but is not limited to, dealer,
manufacturer, transporter, farm, repossessor, and permanently mounted type
plates. Vehicles displaying any of these type plates from a foreign
jurisdiction that is a member of the International Registration Plan shall be
granted reciprocity but shall be subject to the same limitations as similar
plated Illinois registered vehicles.
(Source: P.A. 101-395, eff. 8-16-19.)
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625 ILCS 5/3-401
(625 ILCS 5/3-401) (from Ch. 95 1/2, par. 3-401)
Sec. 3-401. Effect of provisions.
(a) It shall be unlawful for any
person to violate any provision of this Chapter or to drive or move or
for an owner knowingly to permit to be driven or moved upon any highway
any vehicle of a type required to be registered hereunder which is not
registered or for which the appropriate fee has not been paid when and
as required hereunder, except that when application accompanied by
proper fee has been made for registration of a vehicle it may be
operated temporarily pending complete registration upon displaying a
duplicate application duly verified or other evidence of such
application or otherwise under rules and regulations promulgated by the
Secretary of State.
(b) The appropriate fees required to be paid under the various
provisions of this Act for registration of vehicles shall mean the fee
or fees which would have been paid initially, if proper and timely
application had been made to the Secretary of State for the appropriate
registration required, whether such registration be a flat weight
registration, a single trip permit, a reciprocity permit or a
supplemental application to an original prorate application together
with payment of fees due under the supplemental application for prorate
decals.
(c) Effective October 1, 1984, no vehicle required to pay a Federal
Highway
Users Tax shall be registered unless proof of payment, in a form prescribed
and approved by the Secretary of State, is submitted with the appropriate
registration. Notwithstanding any other provision of this Code, failure
of the applicant to comply with this paragraph shall be deemed grounds for
the Secretary to refuse registration.
(c-1) A vehicle may not be registered by the Secretary of State unless that vehicle:
(1) was originally manufactured for operation on | | (2) is a modification of a vehicle that was
| | originally manufactured for operation on highways; or
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| (3) was assembled from component parts designed for
| | use in vehicles to be operated on highways.
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| (d) Second division vehicles.
(1) A vehicle of the second division moved or
| | operated within this State shall have had paid for it the appropriate registration fees and flat weight tax, as evidenced by the Illinois registration issued for that vehicle, for the gross weight of the vehicle and load being operated or moved within this State. Second division vehicles of foreign jurisdictions operated within this State under a single trip permit, fleet reciprocity plan, prorate registration plan, or apportional registration plan, instead of second division vehicle registration under Article VIII of this Chapter, must have had paid for it the appropriate registration fees and flat weight tax in the base jurisdiction of that vehicle, as evidenced by the maximum gross weight shown on the foreign registration cards, plus any appropriate fees required under this Code.
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(2) If a vehicle and load are operated in this State
| | and the appropriate fees and taxes have not been paid or the vehicle and load exceed the registered gross weight for which the required fees and taxes have been paid by 2001 pounds or more, the operator or owner shall be fined as provided in Section 15-113 of this Code. However, an owner or operator shall not be subject to arrest under this subsection for any weight in excess of 80,000 pounds. Further, no fine shall exceed the actual cost of what the appropriate registration for that vehicle and load should have been as established in subsection (a) of Section 3-815 of this Chapter regardless of the route traveled. For purposes of this paragraph (2), "appropriate registration" means the full annual cost of the required registration and its associated fees.
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(3) Any person operating a legal combination of
| | vehicles displaying valid registration shall not be considered in violation of the registration provision of this subsection unless the total gross weight of the combination exceeds the total licensed weight of the vehicles in the combination. The gross weight of a vehicle exempt from the registration requirements of this Chapter shall not be included when determining the total gross weight of vehicles in combination. Any vehicle operating under an emergency harvest permit, as described in subsection (e-1) of Section 15-301 of this Code, shall not be in violation of this paragraph (3).
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(4) If the defendant claims that he or she had
| | previously paid the appropriate Illinois registration fees and taxes for this vehicle before the alleged violation, the defendant shall have the burden of proving the existence of the payment by competent evidence. Proof of proper Illinois registration issued by the Secretary of State, or the appropriate registration authority from the foreign state, shall be the only competent evidence of payment.
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(Source: P.A. 100-70, eff. 8-11-17.)
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625 ILCS 5/3-401.5 (625 ILCS 5/3-401.5) Sec. 3-401.5. Digital registration plates and renewals. (a) The Secretary of State may authorize the issuance of a digital registration plate to a vehicle, in lieu of a set of static, metal registration plates, if the vehicle owner separately purchases the digital registration plate for a particular vehicle. The Secretary shall consult with law enforcement agencies when considering whether to approve the design of a digital license plate. The display device must allow for the automated image capture of letters and numbers during daytime and nighttime, including when the vehicle is parked or turned off. The Secretary shall work with the vehicle owner and the distributor of the digital registration plates to coordinate the appropriate plate image and registration expiration to appear on the digital registration plate. One metal plate shall still be issued to the vehicle owner for the front end of the vehicle. (b) The Secretary, for any vehicle owner that purchases a digital registration plate, may electronically renew the digital registration plate upon receiving the appropriate renewal registration fee as set forth in this Code. The Secretary may also authorize the image to be suspended or revoked and replaced with an alternative image or blank screen upon violation of any provision of this Code or the failure to renew the digital registration plate. (c) Before a digital registration plate may be issued in lieu of a special plate authorized under Article VI of this Chapter, the Secretary shall seek approval from the originating organization, when possible, to authorize a digital version of the static, metal plates issued to a vehicle owner. (d) The owner of a digital registration plate is responsible for any costs associated with using the digital registration plate, including, but not limited to, the initial purchase price and any replacement costs. (e) The Secretary of State may adopt any rules necessary to implement and develop a digital registration plate program, including rules regarding the images that may appear on digital registration plates. (f) No image shall appear on a digital registration plate without prior approval of the Secretary of State.
(Source: P.A. 101-395, eff. 8-16-19.) |
625 ILCS 5/3-402
(625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402)
Sec. 3-402. Vehicles subject to registration; exceptions.
A. Exemptions and Policy. Every motor vehicle, trailer, semitrailer and
pole trailer when driven or moved upon a highway shall be subject to the
registration and certificate of title provisions of this Chapter except:
(1) Any such vehicle driven or moved upon a highway | | in conformance with the provisions of this Chapter relating to manufacturers, transporters, dealers, lienholders or nonresidents or under a temporary registration permit issued by the Secretary of State;
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(2) Any implement of husbandry whether of a type
| | otherwise subject to registration hereunder or not which is only incidentally operated or moved upon a highway, which shall include a not-for-hire movement for the purpose of delivering farm commodities to a place of first processing or sale, or to a place of storage;
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(3) Any special mobile equipment as herein defined;
(4) Any vehicle which is propelled exclusively by
| | electric power obtained from overhead trolley wires though not operated upon rails;
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(5) Any vehicle which is equipped and used
| | exclusively as a pumper, ladder truck, rescue vehicle, searchlight truck, or other fire apparatus, but not a vehicle of a type which would otherwise be subject to registration as a vehicle of the first division;
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(6) Any vehicle which is owned and operated by the
| | federal government and externally displays evidence of federal ownership. It is the policy of the State of Illinois to promote and encourage the fullest use of its highways and to enhance the flow of commerce thus contributing to the economic, agricultural, industrial and social growth and development of this State, by authorizing the Secretary of State to negotiate and enter into reciprocal or proportional agreements or arrangements with other States, or to issue declarations setting forth reciprocal exemptions, benefits and privileges with respect to vehicles operated interstate which are properly registered in this and other States, assuring nevertheless proper registration of vehicles in Illinois as may be required by this Code;
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(7) Any converter dolly or tow dolly which merely
| | serves as substitute wheels for another legally licensed vehicle. A title may be issued on a voluntary basis to a tow dolly upon receipt of the manufacturer's certificate of origin or the bill of sale;
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(8) Any house trailer found to be an abandoned mobile
| | home under the Abandoned Mobile Home Act;
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(9) Any vehicle that is not properly registered or
| | does not have registration plates or digital registration plates issued to the owner or operator affixed thereto, or that does have registration plates or digital registration plates issued to the owner or operator affixed thereto but the plates are not appropriate for the weight of the vehicle, provided that this exemption shall apply only while the vehicle is being transported or operated by a towing service and has a third tow plate affixed to it.
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B. Reciprocity. Any motor vehicle, trailer, semitrailer or pole trailer
need not be registered under this Code provided the same is operated interstate
and in accordance with the following provisions and any rules and regulations
promulgated pursuant thereto:
(1) A nonresident owner, except as otherwise provided
| | in this Section, owning any foreign registered vehicle of a type otherwise subject to registration hereunder, may operate or permit the operation of such vehicle within this State in interstate commerce without registering such vehicle in, or paying any fees to, this State subject to the condition that such vehicle at all times when operated in this State is operated pursuant to a reciprocity agreement, arrangement or declaration by this State, and further subject to the condition that such vehicle at all times when operated in this State is duly registered in, and displays upon it, a valid registration card and registration plate or plates or digital registration plate or plates issued for such vehicle in the place of residence of such owner and is issued and maintains in such vehicle a valid Illinois reciprocity permit as required by the Secretary of State, and provided like privileges are afforded to residents of this State by the State of residence of such owner.
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Every nonresident including any foreign corporation
| | carrying on business within this State and owning and regularly operating in such business any motor vehicle, trailer or semitrailer within this State in intrastate commerce, shall be required to register each such vehicle and pay the same fees therefor as is required with reference to like vehicles owned by residents of this State.
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(2) Any motor vehicle, trailer, semitrailer and pole
| | trailer operated interstate need not be registered in this State, provided:
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(a) that the vehicle is properly registered in
| | another State pursuant to law or to a reciprocity agreement, arrangement or declaration; or
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(b) that such vehicle is part of a fleet of
| | vehicles owned or operated by the same person who registers such fleet of vehicles pro rata among the various States in which such fleet operates; or
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(c) that such vehicle is part of a fleet of
| | vehicles, a portion of which are registered with the Secretary of State of Illinois in accordance with an agreement or arrangement concurred in by the Secretary of State of Illinois based on one or more of the following factors: ratio of miles in Illinois as against total miles in all jurisdictions; situs or base of a vehicle, or where it is principally garaged, or from whence it is principally dispatched or where the movements of such vehicle usually originate; situs of the residence of the owner or operator thereof, or of his principal office or offices, or of his places of business; the routes traversed and whether regular or irregular routes are traversed, and the jurisdictions traversed and served; and such other factors as may be deemed material by the Secretary and the motor vehicle administrators of the other jurisdictions involved in such apportionment. Such vehicles shall maintain therein any reciprocity permit which may be required by the Secretary of State pursuant to rules and regulations which the Secretary of State may promulgate in the administration of this Code, in the public interest.
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(3)(a) In order to effectuate the purposes of this
| | Code, the Secretary of State of Illinois is empowered to negotiate and execute written reciprocal agreements or arrangements with the duly authorized representatives of other jurisdictions, including States, districts, territories and possessions of the United States, and foreign states, provinces, or countries, granting to owners or operators of vehicles duly registered or licensed in such other jurisdictions and for which evidence of compliance is supplied, benefits, privileges and exemption from the payment, wholly or partially, of any taxes, fees or other charges imposed with respect to the ownership or operation of such vehicles by the laws of this State except the tax imposed by the Motor Fuel Tax Law, approved March 25, 1929, as amended, and the tax imposed by the Use Tax Act, approved July 14, 1955, as amended.
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The Secretary of State may negotiate agreements or
| | arrangements as are in the best interests of this State and the residents of this State pursuant to the policies expressed in this Section taking into consideration the reciprocal exemptions, benefits and privileges available and accruing to residents of this State and vehicles registered in this State.
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(b) Such reciprocal agreements or arrangements shall
| | provide that vehicles duly registered or licensed in this State when operated upon the highways of such other jurisdictions, shall receive exemptions, benefits and privileges of a similar kind or to a similar degree as extended to vehicles from such jurisdictions in this State.
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(c) Such agreements or arrangements may also
| | authorize the apportionment of registration or licensing of fleets of vehicles operated interstate, based on any or all of the following factors: ratio of miles in Illinois as against total miles in all jurisdictions; situs or base of a vehicle, or where it is principally garaged or from whence it is principally dispatched or where the movements of such vehicle usually originate; situs of the residence of the owner or operator thereof, or of his principal office or offices, or of his places of business; the routes traversed and whether regular or irregular routes are traversed, and the jurisdictions traversed and served; and such other factors as may be deemed material by the Secretary and the motor vehicle administrators of the other jurisdictions involved in such apportionment, and such vehicles shall likewise be entitled to reciprocal exemptions, benefits and privileges.
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(d) Such agreements or arrangements shall also
| | provide that vehicles being operated in intrastate commerce in Illinois shall comply with the registration and licensing laws of this State, except that vehicles which are part of an apportioned fleet may conduct an intrastate operation incidental to their interstate operations. Any motor vehicle properly registered and qualified under any reciprocal agreement or arrangement under this Code and not having a situs or base within Illinois may complete the inbound movement of a trailer or semitrailer to an Illinois destination that was brought into Illinois by a motor vehicle also properly registered and qualified under this Code and not having a situs or base within Illinois, or may complete an outbound movement of a trailer or semitrailer to an out-of-state destination that was originated in Illinois by a motor vehicle also properly registered and qualified under this Code and not having a situs or base in Illinois, only if the operator thereof did not break bulk of the cargo laden in such inbound or outbound trailer or semitrailer. Adding or unloading intrastate cargo on such inbound or outbound trailer or semitrailer shall be deemed as breaking bulk.
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(e) Such agreements or arrangements may also provide
| | for the determination of the proper State in which leased vehicles shall be registered based on the factors set out in subsection (c) above and for apportionment of registration of fleets of leased vehicles by the lessee or by the lessor who leases such vehicles to persons who are not fleet operators.
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(f) Such agreements or arrangements may also include
| | reciprocal exemptions, benefits or privileges accruing under The Illinois Driver Licensing Law or The Driver License Compact.
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(4) The Secretary of State is further authorized to
| | examine the laws and requirements of other jurisdictions, and, in the absence of a written agreement or arrangement, to issue a written declaration of the extent and nature of the exemptions, benefits and privileges accorded to vehicles of this State by such other jurisdictions, and the extent and nature of reciprocal exemptions, benefits and privileges thereby accorded by this State to the vehicles of such other jurisdictions. A declaration by the Secretary of State may include any, part or all reciprocal exemptions, benefits and privileges or provisions as may be included within an agreement or arrangement.
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(5) All agreements, arrangements, declarations and
| | amendments thereto, shall be in writing and become effective when signed by the Secretary of State, and copies of all such documents shall be available to the public upon request.
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(6) The Secretary of State is further authorized to
| | require the display by foreign registered trucks, truck-tractors and buses, entitled to reciprocal benefits, exemptions or privileges hereunder, a reciprocity permit for external display before any such reciprocal benefits, exemptions or privileges are granted. The Secretary of State shall provide suitable application forms for such permit and shall promulgate and publish reasonable rules and regulations for the administration and enforcement of the provisions of this Code including a provision for revocation of such permit as to any vehicle operated wilfully in violation of the terms of any reciprocal agreement, arrangement or declaration or in violation of the Illinois Motor Carrier of Property Law, as amended.
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(7)(a) Upon the suspension, revocation or denial of
| | one or more of all reciprocal benefits, privileges and exemptions existing pursuant to the terms and provisions of this Code or by virtue of a reciprocal agreement or arrangement or declaration thereunder; or, upon the suspension, revocation or denial of a reciprocity permit; or, upon any action or inaction of the Secretary in the administration and enforcement of the provisions of this Code, any person, resident or nonresident, so aggrieved, may serve upon the Secretary, a petition in writing and under oath, setting forth the grievance of the petitioner, the grounds and basis for the relief sought, and all necessary facts and particulars, and request an administrative hearing thereon. Within 20 days, the Secretary shall set a hearing date as early as practical. The Secretary may, in his discretion, supply forms for such a petition. The Secretary may require the payment of a fee of not more than $50 for the filing of any petition, motion, or request for hearing conducted pursuant to this Section. These fees must be deposited into the Secretary of State DUI Administration Fund, a special fund that is hereby created in the State treasury, and, subject to appropriation and as directed by the Secretary of State, shall be used to fund the operation of the hearings department of the Office of the Secretary of State and for no other purpose. The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees.
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(b) The Secretary may likewise, in his discretion and
| | upon his own petition, order a hearing, when in his best judgment, any person is not entitled to the reciprocal benefits, privileges and exemptions existing pursuant to the terms and provisions of this Code or under a reciprocal agreement or arrangement or declaration thereunder or that a vehicle owned or operated by such person is improperly registered or licensed, or that an Illinois resident has improperly registered or licensed a vehicle in another jurisdiction for the purposes of violating or avoiding the registration laws of this State.
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(c) The Secretary shall notify a petitioner or any
| | other person involved of such a hearing, by giving at least 10 days notice, in writing, by U.S. Mail, Registered or Certified, or by personal service, at the last known address of such petitioner or person, specifying the time and place of such hearing. Such hearing shall be held before the Secretary, or any person as he may designate, and unless the parties mutually agree to some other county in Illinois, the hearing shall be held in the County of Sangamon or the County of Cook. Appropriate records of the hearing shall be kept, and the Secretary shall issue or cause to be issued, his decision on the case, within 30 days after the close of such hearing or within 30 days after receipt of the transcript thereof, and a copy shall likewise be served or mailed to the petitioner or person involved.
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(d) The actions or inactions or determinations, or
| | findings and decisions upon an administrative hearing, of the Secretary, shall be subject to judicial review in the Circuit Court of the County of Sangamon or the County of Cook, and the provisions of the Administrative Review Law, and all amendments and modifications thereof and rules adopted pursuant thereto, apply to and govern all such reviewable matters.
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Any reciprocal agreements or arrangements entered
| | into by the Secretary of State or any declarations issued by the Secretary of State pursuant to any law in effect prior to the effective date of this Code are not hereby abrogated, and such shall continue in force and effect until amended pursuant to the provisions of this Code or expire pursuant to the terms or provisions thereof.
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(Source: P.A. 101-395, eff. 8-16-19.)
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625 ILCS 5/3-402.1
(625 ILCS 5/3-402.1) (from Ch. 95 1/2, par. 3-402.1)
Sec. 3-402.1.
Proportional registration.
Any owner
or rental owner engaged in operating a fleet of apportionable
vehicles in this State and one or more other states may, in
lieu of registration of such vehicles under the general
provisions of Sections 3-402, 3-815, 3-815.1, and 3-819, register
and license such fleet for operations in this State by
filing an application statement, signed under penalties
of perjury, with the Secretary of State which shall be in
such form and contain such information as the Secretary of
State shall require, declaring the total mileage operated
in all states by such fleet, the total mileage operated
in this state by such fleet during the preceding year,
and describing and identifying each apportionable vehicle
to be operated in this State during the ensuing year. If
mileage data is not available for the preceding year, the
Secretary of State may accept the latest 12-month period
available.
"Preceding year" means the period of 12 consecutive months immediately prior
to July 1st of the year immediately preceding the registration or license year
for which proportional registration is sought.
Such owner shall determine the proportion of in-state
miles to total fleet miles. Such percentage figure shall
be such owner's apportionment factor. In determining the
total fee payment, such owner shall first compute the license
fee or fees for each vehicle within the fleet which would otherwise be
required,
and then multiply the said amount by the Illinois apportionment
factor adding the fees for each vehicle to arrive at a total amount for
the fleet. Apportionable trailers and semitrailers will be registered in
accordance with the provisions of Section 3-813 of this Code.
Upon receipt of the appropriate fees from such owner
as computed under the provisions of this Section, the Secretary
of State shall, when this State is the base jurisdiction,
issue to such owner number plates or other distinctive tags
or such evidence of registration as the Secretary of State
shall deem appropriate to identify each vehicle in the fleet
as a part of a proportionally registered interstate fleet.
Vehicles registered under the provision of this Section
shall be considered fully licensed and properly registered in
Illinois for any type of movement or operation. The proportional
registration and licensing provisions of this Section shall apply
to vehicles added to fleets and operated in this State during
the registration year, applying the same apportionment factor
to such fees as would be payable for the remainder of the
registration year.
Apportionment factors for apportionable vehicles not
operated in this State during the preceding year shall be
determined by the Secretary of State on the basis of
a full statement of the proposed methods of operation and in conformity
with an estimated mileage chart as calculated by the Secretary of State.
An established fleet adding states at the time of renewal shall estimate
mileage for the added states in conformity with a mileage chart developed
by the Secretary of State.
(Source: P.A. 93-23, eff. 6-20-03.)
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625 ILCS 5/3-402.2
(625 ILCS 5/3-402.2) (from Ch. 95 1/2, par. 3-402.2)
Sec. 3-402.2.
Audits.
In addition to audit authority
set forth in Section 2-124 of this Act, the Secretary of
State, when this state is the base jurisdiction, may audit
such owners displaying a base plate of this state as to
authenticity of mileage figures and registrations and at
such time and frequency as determined by the Secretary of
State. Audits may be made by officials of other jurisdictions
which are members of an International Registration Plan (IRP) of which
this state is also a member.
Upon completion of any such audit, the Secretary of
State shall notify all jurisdictions in which such owner
was proportionally registered on the accuracy of the records
of such owner. Should such owner have underpaid or overpaid
any jurisdiction
in which his vehicles were proportionally registered,
such information shall be furnished to the jurisdiction for
processing in accordance with the procedures as set forth under the
International Registration Plan.
(Source: P.A. 92-69, eff. 7-12-01.)
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625 ILCS 5/3-402.3
(625 ILCS 5/3-402.3) (from Ch. 95 1/2, par. 3-402.3)
Sec. 3-402.3.
Relation to Other State Laws.
The
provisions of Section 3-402.1 shall constitute complete authority
for the registration of vehicles upon a proportional
registration basis without reference to or application of
any other statutes of this state.
(Source: P.A. 79-1041.)
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625 ILCS 5/3-402.4
(625 ILCS 5/3-402.4) (from Ch. 95 1/2, par. 3-402.4)
Sec. 3-402.4.
Administrative Agreements and Rules.
The Secretary of
State may enter into agreements, compacts, or arrangements with other
jurisdictions or agents for such jurisdictions, such as the American
Association of Motor Vehicle Administrators, on behalf of this state for
allocation or proportional registration of apportionable vehicles in a
manner provided in Section 3-402.1 for the purpose of facilitating the
administration thereof, and also for the purpose of conforming procedures
for proportional registration, pursuant to Sections 3-402.1 and 3-402.2,
with those agreed to by two or more additional jurisdictions, including but
not limited to, acceptance of base jurisdiction responsibilities for
apportional registration and licensing of fleet vehicles in other
jurisdiction. In addition, the Secretary of State may adopt and promulgate
such rules and regulations as he shall deem necessary to effectuate and
administer the provisions of Sections 3-402.1 and 3-402.2. Any reciprocal
arrangements or agreements in effect with jurisdictions that cannot grant
proportional registration shall remain in force until specifically
cancelled by either jurisdiction or until such time that jurisdiction
becomes a member of an International Registration Plan (IRP) of which this
state is also a member.
(Source: P.A. 87-206.)
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625 ILCS 5/3-403
(625 ILCS 5/3-403) (from Ch. 95 1/2, par. 3-403)
Sec. 3-403. Trip and Short-term permits.
(a) The Secretary of State may issue a short-term permit to operate a
nonregistered first or second division vehicle within the State of Illinois
for a period of not more than 7 days. Any second division vehicle
operating
on such permit may operate only on empty weight. The fee for the
short-term permit shall be $6 for permits purchased on
or before June 30, 2003
and $10 for permits purchased on or after July 1, 2003. For short-term
permits purchased on or after July 1, 2003, $4 of the fee collected for the
purchase of each permit shall be deposited into the General Revenue Fund.
This permit may also be issued to operate an unladen registered vehicle
which is suspended under the Vehicle Emissions Inspection Law and allow it
to be driven on the roads and highways of the State in order to be repaired
or when traveling to and from an emissions inspection station.
(b) The Secretary of State may, subject to reciprocal agreements,
arrangements or declarations made or entered into pursuant to Section
3-402, 3-402.4 or by rule, provide for and issue registration permits for
the use of Illinois highways by vehicles of the second division on an
occasional basis or for a specific and special short-term use, in
compliance with rules and regulations promulgated by the Secretary of
State, and upon payment of the prescribed fee as follows:
One-trip permits. A registration permit for one trip, or one round-trip
into and out of Illinois, for a period not to exceed 72 consecutive hours
or 3 calendar days may be provided, for a fee as prescribed in Section 3-811.
Three-month permits. A registration permit for 90 days may be provided for
a fee of $13 for registration plus 1/10 of the flat weight tax.
In-transit permits. A registration permit for one trip may be provided
for vehicles in transit by the driveaway or towaway method and operated
by a transporter in compliance with the Illinois Motor Carrier of Property
Law, for a fee as prescribed in Section 3-811.
Illinois Temporary Apportionment Authorization Permits. An apportionment
authorization permit for forty-five days for the immediate operation of
a vehicle upon application for and prior to receiving apportioned credentials
or interstate credentials from the State of Illinois. The fee for
such permit shall be $3.
Illinois Temporary Prorate Authorization Permit. A prorate authorization
permit for forty-five days for the immediate operation of a vehicle upon
application for and prior to receiving prorate credentials or interstate
credentials from the State of Illinois. The fee for such permit shall be
$3.
(c) The Secretary of State shall promulgate by such rule or regulation,
schedules of fees and taxes for such permits and in computing the amount
or amounts due, may round off such amount to the nearest full dollar amount.
(d) The Secretary of State shall further prescribe the form of application
and permit and may require such information and data as necessary and proper,
including confirming the status or identity of the applicant and the vehicle
in question.
(e) Rules or regulations promulgated by the Secretary of State under this
Section shall provide for reasonable and proper limitations and restrictions
governing the application for and issuance and use of permits, and shall
provide for the number of permits per vehicle or per applicant, so as to
preclude evasion of annual registration requirements as may be required by
this Act.
(f) Any permit under this Section is subject to suspension or revocation
under this Act, and in addition, any such permit is subject to suspension
or revocation should the Secretary of State determine that the vehicle
identified in any permit should be properly registered in Illinois. In the
event any such permit is suspended or revoked, the permit is then null and
void, may not be re-instated, nor is a refund therefor available. The
vehicle identified in such permit may not thereafter be operated in
Illinois without being properly registered as provided in this Chapter.
(Source: P.A. 102-154, eff. 1-1-22.)
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625 ILCS 5/3-404
(625 ILCS 5/3-404) (from Ch. 95 1/2, par. 3-404)
Sec. 3-404. Vehicles of second division carrying persons or
property - Required documents. The Secretary of State shall
require an appropriate document, including but not limited to a
bill of lading, trip manifest or
dispatch record, to be carried, on all vehicles of the second
division, carrying persons or property setting forth therein:
(a) the point of origin and destination of the | | vehicle and its cargo or the persons being carried;
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(b) whether the movement is for-hire or not-for-hire;
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(c) whether the movement is intrastate or interstate
| |
The Secretary of State shall promulgate and publish reasonable
rules and regulations for the administration and enforcement of
this requirement. Vehicles bearing valid current Illinois
registration plate or plates or digital registration plate or plates and registration stickers or digital registration stickers where
applicable shall be exempted from such requirement by the
Secretary of State whether the movement is "intrastate" or
"interstate" as defined in this Act.
(Source: P.A. 101-395, eff. 8-16-19.)
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625 ILCS 5/3-405
(625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
(Text of Section before amendment by P.A. 102-1069)
Sec. 3-405. Application for registration.
(a) Every owner of a vehicle subject to registration under this Code shall
make application to the Secretary of State for the registration of such
vehicle upon the appropriate form or forms furnished by the Secretary.
Every such application shall bear the signature of the owner
written with pen and ink and contain:
1. The name, domicile address, as defined in Section | | 1-115.5 of this Code, (except as otherwise provided in this paragraph 1), mail address of the owner or business address of the owner if a firm, association, or corporation, and, if available, email address of the owner. If the mailing address is a post office box number, the address listed on the driver license record may be used to verify residence. A police officer, a deputy sheriff, an elected sheriff, a law enforcement officer for the Illinois State Police, a fire investigator, a state's attorney, an assistant state's attorney, a state's attorney special investigator, or a judicial officer may elect to furnish the address of the headquarters of the governmental entity, police district, or business address where he or she works instead of his or her domicile address, in which case that address shall be deemed to be his or her domicile address for all purposes under this Chapter 3. The spouse and children of a person who may elect under this paragraph 1 to furnish the address of the headquarters of the government entity, police district, or business address where the person works instead of the person's domicile address may, if they reside with that person, also elect to furnish the address of the headquarters of the government entity, police district, or business address where the person works as their domicile address, in which case that address shall be deemed to be their domicile address for all purposes under this Chapter 3. In this paragraph 1: (A) "police officer" has the meaning ascribed to "policeman" in Section 10-3-1 of the Illinois Municipal Code; (B) "deputy sheriff" means a deputy sheriff appointed under Section 3-6008 of the Counties Code; (C) "elected sheriff" means a sheriff commissioned pursuant to Section 3-6001 of the Counties Code; (D) "fire investigator" means a person classified as a peace officer under the Peace Officer Fire Investigation Act; (E) "state's attorney", "assistant state's attorney", and "state's attorney special investigator" mean a state's attorney, assistant state's attorney, and state's attorney special investigator commissioned or appointed under Division 3-9 of the Counties Code; and (F) "judicial officer" has the meaning ascribed to it in Section 1-10 of the Judicial Privacy Act.
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2. A description of the vehicle, including such
| | information as is required in an application for a certificate of title, determined under such standard rating as may be prescribed by the Secretary.
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3. (Blank).
4. Such further information as may reasonably be
| | required by the Secretary to enable him to determine whether the vehicle is lawfully entitled to registration and the owner entitled to a certificate of title.
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5. An affirmation by the applicant that all
| | information set forth is true and correct. If the application is for the registration of a motor vehicle, the applicant also shall affirm that the motor vehicle is insured as required by this Code, that such insurance will be maintained throughout the period for which the motor vehicle shall be registered, and that neither the owner, nor any person operating the motor vehicle with the owner's permission, shall operate the motor vehicle unless the required insurance is in effect. If the person signing the affirmation is not the sole owner of the vehicle, such person shall be deemed to have affirmed on behalf of all the owners of the vehicle. If the person signing the affirmation is not an owner of the vehicle, such person shall be deemed to have affirmed on behalf of the owner or owners of the vehicle. The lack of signature on the application shall not in any manner exempt the owner or owners from any provisions, requirements or penalties of this Code.
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(b) When such application refers to a new vehicle purchased from a
dealer the application shall be accompanied by a Manufacturer's Statement
of Origin from the dealer, and a statement showing any lien retained by the
dealer.
(Source: P.A. 102-538, eff. 8-20-21.)
(Text of Section after amendment by P.A. 102-1069)
Sec. 3-405. Application for registration.
(a) Every owner of a vehicle subject to registration under this Code shall
make application to the Secretary of State for the registration of such
vehicle upon the appropriate form or forms furnished by the Secretary.
Every such original application shall bear the signature of the owner
written with pen and ink and contain:
1. The name, domicile address, as defined in Section
| | 1-115.5 of this Code, (except as otherwise provided in this paragraph 1), mail address of the owner or business address of the owner if a firm, association, or corporation, and, if available, email address of the owner. If the mailing address is a post office box number, the address listed on the driver license record may be used to verify residence. A police officer, a deputy sheriff, an elected sheriff, a law enforcement officer for the Illinois State Police, a fire investigator, a state's attorney, an assistant state's attorney, a state's attorney special investigator, or a judicial officer may elect to furnish the address of the headquarters of the governmental entity, police district, or business address where he or she works instead of his or her domicile address, in which case that address shall be deemed to be his or her domicile address for all purposes under this Chapter 3. The spouse and children of a person who may elect under this paragraph 1 to furnish the address of the headquarters of the government entity, police district, or business address where the person works instead of the person's domicile address may, if they reside with that person, also elect to furnish the address of the headquarters of the government entity, police district, or business address where the person works as their domicile address, in which case that address shall be deemed to be their domicile address for all purposes under this Chapter 3. In this paragraph 1: (A) "police officer" has the meaning ascribed to "policeman" in Section 10-3-1 of the Illinois Municipal Code; (B) "deputy sheriff" means a deputy sheriff appointed under Section 3-6008 of the Counties Code; (C) "elected sheriff" means a sheriff commissioned pursuant to Section 3-6001 of the Counties Code; (D) "fire investigator" means a person classified as a peace officer under the Peace Officer Fire Investigation Act; (E) "state's attorney", "assistant state's attorney", and "state's attorney special investigator" mean a state's attorney, assistant state's attorney, and state's attorney special investigator commissioned or appointed under Division 3-9 of the Counties Code; and (F) "judicial officer" has the meaning ascribed to it in Section 1-10 of the Judicial Privacy Act.
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2. A description of the vehicle, including such
| | information as is required in an application for a certificate of title, determined under such standard rating as may be prescribed by the Secretary.
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3. (Blank).
3.5. A space for a voluntary disclosure of a
| | condition that impedes effective communication under Section 3-405.5.
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4. Such further information as may reasonably be
| | required by the Secretary to enable him to determine whether the vehicle is lawfully entitled to registration and the owner entitled to a certificate of title.
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5. An affirmation by the applicant that all
| | information set forth is true and correct. If the application is for the registration of a motor vehicle, the applicant also shall affirm that the motor vehicle is insured as required by this Code, that such insurance will be maintained throughout the period for which the motor vehicle shall be registered, and that neither the owner, nor any person operating the motor vehicle with the owner's permission, shall operate the motor vehicle unless the required insurance is in effect. If the person signing the affirmation is not the sole owner of the vehicle, such person shall be deemed to have affirmed on behalf of all the owners of the vehicle. If the person signing the affirmation is not an owner of the vehicle, such person shall be deemed to have affirmed on behalf of the owner or owners of the vehicle. The lack of signature on the application shall not in any manner exempt the owner or owners from any provisions, requirements or penalties of this Code.
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(b) When such application refers to a new vehicle purchased from a
dealer the application shall be accompanied by a Manufacturer's Statement
of Origin from the dealer, and a statement showing any lien retained by the
dealer.
(Source: P.A. 102-538, eff. 8-20-21; 102-1069, eff. 7-1-23.)
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625 ILCS 5/3-405.1
(625 ILCS 5/3-405.1) (from Ch. 95 1/2, par. 3-405.1)
Sec. 3-405.1. Application for vanity and personalized license plates.
(a) Vanity license plates mean any license plates, assigned to a passenger
motor vehicle of the first division, to a motor vehicle of the second
division registered at not more than 8,000 pounds, to a trailer weighing 8,000 pounds or less paying the flat weight tax, to a funeral home vehicle, an electric vehicle, or a recreational
vehicle, which display a registration number containing 1 to 7 letters and no
numbers or 1, 2, or 3 numbers and no letters as requested by the owner of the
vehicle and license plates issued to retired members of Congress under Section
3-610.1 or to retired members of the General Assembly as provided in Section
3-606.1. Personalized license plates mean any license plates, assigned to a
passenger motor vehicle of the first division, to a motor vehicle of the second
division registered at not more than 8,000 pounds, to a trailer weighing 8,000 pounds or less paying the flat weight tax, to a funeral home vehicle, an electric vehicle, or a recreational
vehicle, which display a registration number containing one of the following
combinations of letters and numbers, as requested by the owner of the vehicle:
Standard Passenger Plates
First Division Vehicles
1 letter plus 0-99
2 letters plus 0-99
3 letters plus 0-99
4 letters plus 0-99
5 letters plus 0-99
6 letters plus 0-9
Second Division Vehicles
8,000 pounds or less, Trailers
8,000
pounds or less paying the flat weight tax, and Recreation Vehicles
0-999 plus 1 letter
0-999 plus 2 letters
0-999 plus 3 letters
0-99 plus 4 letters
0-9 plus 5 letters
(b) For any registration period commencing after December 31, 2003, any
person who is the registered owner of a passenger motor vehicle of the first
division, of a motor vehicle of the second division registered at not
more than 8,000 pounds, of a trailer weighing 8,000 pounds or less paying the flat weight tax, of a funeral home vehicle, of an electric vehicle, or of a recreational vehicle registered with the
Secretary of State or who makes application for an original registration of
such a motor vehicle or renewal registration of such a motor vehicle may,
upon payment of a fee prescribed in Section 3-806.1 or Section 3-806.5,
apply to the Secretary of State for vanity or personalized license plates.
(c) Except as otherwise provided in this Chapter 3, vanity and personalized
license plates as issued under this Section shall be the same color and design
as other passenger vehicle license plates or electric vehicle license plates and shall not in any manner conflict
with any other existing passenger, commercial, trailer, motorcycle, or special
license plate series. However, special registration plates issued under
Sections 3-611 and 3-616 for vehicles operated by or for persons with
disabilities may also be vanity or personalized license plates.
(d) Vanity and personalized license plates shall be issued only to the
registered owner of the vehicle on which they are to be displayed, except
as provided in Sections 3-611 and 3-616 for special registration plates
for vehicles operated by or for persons with
disabilities.
(e) An applicant for the issuance of vanity or personalized license
plates or subsequent renewal thereof shall file an application in such form
and manner and by such date as the Secretary of State may, in his discretion,
require.
No vanity nor personalized license plates shall be approved, manufactured, or
distributed that contain any characters, symbols other than the international
accessibility symbol for vehicles operated by or for
persons with disabilities, foreign words, or letters of punctuation.
(f) Vanity and personalized license plates as issued pursuant to this
Act may be subject to the Staggered Registration System as prescribed by
the Secretary of State.
(g) For purposes of this Section, "funeral home vehicle" means any motor vehicle of the first division or motor vehicle of the second division weighing 8,000 pounds or less that is owned or leased by a funeral home. (h) As used in this Section, "electric vehicle" means any vehicle that is required to be registered under Section 3-805. (Source: P.A. 102-154, eff. 1-1-22.)
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625 ILCS 5/3-405.2
(625 ILCS 5/3-405.2) (from Ch. 95 1/2, par. 3-405.2)
Sec. 3-405.2.
Improper plates.
The Secretary of State shall refuse
to issue any license plates bearing a combination of letters or numbers,
or both, which creates a potential duplication or, in the opinion of the
Secretary, (1) would substantially interfere with plate identification for
law enforcement purposes, (2) is misleading, or (3) creates a connotation
that is offensive to good taste and decency.
The Secretary may revoke any such plates issued previously. Any person
who has his or her plates revoked under this Section may acquire at no charge
new plates and any required stickers of the same category and for the same
period of registration.
(Source: P.A. 83-449.)
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625 ILCS 5/3-405.3
(625 ILCS 5/3-405.3)
Sec. 3-405.3.
Application for fleet vehicles.
(a) An owner engaged in operating a fleet of motor vehicles of the first
division in this State or a
fleet of second division vehicles operated intrastate may register and license
the fleet for
operations in this State by
filing an application statement with the Secretary of State, signed under
penalties of perjury, which
shall be in the form and contain the information required by the Secretary of
State.
First division
vehicles registered under this Section must be registered in accordance with
the fees prescribed in
Section 3-806 of this Code.
Second division
vehicles registered under this Section must be registered in accordance with
the fees prescribed in
Section 3-815 of this Code.
(b) Participation in the fleet registration plan may be accomplished only
by entering into a
contractual agreement with the Secretary. The applicant must have electronic
data interchange
capabilities. The Secretary shall in his or her discretion determine other
qualifications for fleet
owners to register under this paragraph. In making the determination, the
Secretary shall consider
the size of the fleet and the past history of the registrant.
(Source: P.A. 92-629, eff. 7-1-03.)
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625 ILCS 5/3-405.4
(625 ILCS 5/3-405.4)
Sec. 3-405.4.
Audits.
In addition to audit authority set forth in Section
2-124 of this Code, the Secretary of State may audit the registration plates
and the inventory of credentials of any fleet owner participating in the fleet
registration plan.
(Source: P.A. 92-629, eff. 7-1-03.)
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625 ILCS 5/3-405.5 (625 ILCS 5/3-405.5) (This Section may contain text from a Public Act with a delayed effective date) Sec. 3-405.5. Registration by an owner with a condition that impedes effective communication. (a) An application for registration must provide space where the applicant voluntarily may indicate that the applicant, child of the applicant, or other approved driver of the registered vehicle has a health condition or disability that may impede effective communication with a peace officer. The application shall include a checklist of common health conditions and disabilities that impede effective communication from which the applicant may select. The checklist shall also include a blank space for the applicant to specify a condition that is not listed. The Secretary of State may request from a person who makes an indication under this subsection verification of a condition in the form of: (1) for a physical health condition, a written | | statement from a licensed physician; or
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| | statement from a licensed physician, a licensed psychologist, or a nonphysician mental health professional.
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| (b) The Secretary shall provide to the Illinois State Police the vehicle registration information of a person who indicated on an application under subsection (a) that the person, child of the person, or other approved driver of the registered vehicle has a health condition or disability that may impede effective communication. The Secretary may not provide to the Illinois State Police information that shows the person's specific health condition or disability, or that of another approved driver of the registered vehicle, unless the person authorizes the disclosure of the specific health condition or disability.
(c) The Illinois State Police shall establish a system to include information received under subsection (b) in the statewide Law Enforcement Agencies Data System for the purpose of alerting a peace officer who makes a traffic stop that the operator or a child passenger of the stopped vehicle may have a health condition or disability that may impede effective communication.
(d) The Illinois State Police may not make information received under subsection (b) available in the statewide Law Enforcement Agencies Data System to a person who has access to the system under a contract unless the contract prohibits the person from disclosing that information to a person who is not subject to the contract.
(e) Except as otherwise provided by this Section, information supplied to the Secretary relating to an applicant's health condition or disability, or that of another approved driver of the registered vehicle, may not be disclosed to any person. Such information is for the confidential use of the Secretary and the Illinois State Police.
(Source: P.A. 102-1069, eff. 7-1-23.)
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625 ILCS 5/3-406
(625 ILCS 5/3-406) (from Ch. 95 1/2, par. 3-406)
Sec. 3-406. Application for specially constructed, reconstructed, custom, street rod, foreign vehicles, or glider kits. (a) In the event the vehicle to be registered is a specially
constructed, reconstructed or foreign vehicle, such fact shall be stated in
the application and with reference to every foreign vehicle which has been
registered heretofore outside of this State the owner shall surrender to
the Secretary of State all registration plates, registration cards or other
evidence of such foreign registration as may be in his possession or under
his control except as provided in subdivision (b) hereof.
(b) Where in the course of interstate operation of a vehicle registered
in another State, it is desirable to retain registration of said vehicle in
such other State, such applicant need not surrender but shall submit for
inspection said evidences of such foreign registration and the Secretary of
State upon a proper showing shall register said vehicle in this State but
shall not issue a certificate of title for such vehicle.
(c) In the event the applicant seeks to have the vehicle registered as a custom vehicle or street rod, that fact must be stated in the application. Prior to registration, custom vehicles or street rods must be inspected by the Secretary of State Department of Police. Upon successful completion of the inspection, the vehicle may be registered in the following manner. The make of the vehicle shall be listed as the make of the actual vehicle or the make it is designed to resemble (e.g., Ford or Chevrolet); the model of the vehicle shall be listed as custom vehicle or street rod; and the year of the vehicle shall be listed as the year the actual vehicle was manufactured or the year it is designed to resemble. (d) In the event the applicant seeks to have the vehicle registered as a glider kit, that fact must be stated in the application. Each glider kit sought to be registered shall be inspected by the Secretary of State Department of Police who shall verify the chassis, cab, front axle, and other essential parts as acceptable. Upon successful completion of the inspection, the vehicle may be registered in the following manner: (1) the make of the vehicle shall be listed as the make of the chassis of the actual manufacturer; (2) the model of the vehicle shall be listed as glider kit; and (3) the year of the vehicle shall be listed as the year presented on the manufacturer's certificate of origin for the chassis, unless no year is presented, then it shall be listed as the year the application is received. (Source: P.A. 99-748, eff. 8-5-16.)
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625 ILCS 5/3-407
(625 ILCS 5/3-407) (from Ch. 95 1/2, par. 3-407)
Sec. 3-407.
Temporary permit or registration pending registration.
(a) Temporary Permit. The Secretary of State in his discretion may
grant a temporary permit or placard to operate a vehicle for which
application for
registration and certificate of title has been made where such application
is accompanied by the proper fee, pending action upon said application by
the Secretary of State. In lieu of payment of the proper fee, the Secretary
of State may accept a bond therefor or a certificate of deposit, in the
proper amount, and in the same form and subject to the same requirements as
the payment of such fees or taxes on an installment basis, except that the
fees or taxes due shall be payable and paid to the Secretary of State. The
design, color and format of the temporary permit or placard shall be wholly
within the discretion of the Secretary of State.
(b) Temporary Registration. The Secretary of State in his discretion may
issue registration plates to an owner for which application and certificate
of title has been made where such application is accompanied by the proper
fee and tax, pending completion of the said application by the applicant
and the Secretary, subject however to rules and regulations promulgated by
the Secretary.
(c) Revocation. A temporary permit or registration is subject to
revocation to the same extent as any other registration.
(Source: P.A. 88-298.)
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625 ILCS 5/3-407.5 (625 ILCS 5/3-407.5) Sec. 3-407.5. Temporary permit for charitable not-for-profit organization. (a) Any charitable not-for-profit organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code and engaged in the maintenance and repair of motor vehicles may make application to the Secretary for a temporary permit to operate a motor vehicle that was donated to the not-for-profit organization for the purpose of donating the motor vehicle to a low-income individual. (b) A permit issued under this Section shall be valid for a period of 90 days. No more than 2 permits may be issued under this Section for any one vehicle. A vehicle may be operated with the temporary permit only for purposes of delivering the vehicle to a not-for-profit organization, moving the vehicle for maintenance or repairs, or delivering the vehicle to a low-income individual. (c) An applicant for the temporary permit shall provide the Secretary proof of the not-for-profit status of the organization, along with a document signed by the donor and the not-for-profit organization expressly stating that the vehicle is being donated to the not-for-profit organization by the donor, and the not-for-profit organization assumes all liability for the operation of the vehicle upon accepting the donation. This form must identify the vehicle by make, model, year, and vehicle identification number. An applicant for the temporary permit shall also provide the Secretary with proof of liability insurance covering the vehicle in at least the minimum amounts set forth in Article VI of Chapter 7. The donated motor vehicle shall meet the requirements for registration under Chapter 3 of this Code to qualify for a temporary permit under this Section. A copy of the permit shall be kept inside the motor vehicle at all times. (d) The Secretary may adopt any rules necessary to implement this Section.
(Source: P.A. 101-51, eff. 7-12-19.) |
625 ILCS 5/3-408
(625 ILCS 5/3-408) (from Ch. 95 1/2, par. 3-408)
Sec. 3-408.
Grounds for refusing registration or certificate of title.
The Secretary of State shall refuse registration or any transfer of
registration upon any of the following grounds:
1. That the application contains any false or | | fraudulent statement or that the applicant has failed to furnish required information or reasonable additional information requested by the Secretary of State or that the applicant is not entitled to the issuance of a certificate of title or registration of the vehicle under Chapter 3;
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2. That the Secretary of State has reasonable ground
| | to believe that the vehicle is a stolen or embezzled vehicle or that the granting of registration would constitute a fraud against the rightful owner or other person having valid lien upon such vehicle;
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3. That the registration of the vehicle stands
| | suspended or revoked for any reason as provided in the motor-vehicle laws of this State;
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4. That the required fee has not been paid;
5. (a) In the case of medical transport vehicles and
| | vehicles designed to carry 15 or fewer passengers operated by a contract carrier transporting employees in the course of their employment on a highway of this State, that the application does not contain a copy of a completed Vehicle Inspection Report issued by the Department of Transportation which certifies that the vehicle has been determined to be in safe mechanical condition by a safety test administered within the preceding 6 months; and (b) in the case of medical transport vehicles, other than vehicles owned or operated by a unit of local government, proof of financial responsibility; or
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6. That the applicant is 90 days or more delinquent
| | in court ordered child support payments or has been adjudicated in arrears in an amount equal to 90 days' obligation or more and has been found in contempt of court for failure to pay the support, subject to the requirements and procedures of Article VII of Chapter 7 of the Illinois Vehicle Code.
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(Source: P.A. 92-108, eff. 1-1-02.)
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625 ILCS 5/3-409
(625 ILCS 5/3-409) (from Ch. 95 1/2, par. 3-409)
Sec. 3-409.
Registration indexes.
The Secretary of State shall file each application received and when
satisfied as to the genuineness and regularity thereof, and that the
applicant is entitled to register such vehicle and to the issuance of a
certificate of title, shall register the vehicle therein described and keep
a suitable record thereof as follows:
1. Under a distinctive registration number assigned to the vehicle;
2. Under the identifying number of the vehicle;
3. Alphabetically, under the name of the owner;
4. In the discretion of the Secretary of State, in any other manner it
may deem desirable.
(Source: P.A. 76-1586.)
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625 ILCS 5/3-410
(625 ILCS 5/3-410) (from Ch. 95 1/2, par. 3-410)
Sec. 3-410.
Secretary of State to issue registration card.
(a) The Secretary of State upon registering a vehicle shall issue a
registration card.
(b) The registration card shall be delivered to the owner and shall
contain upon the face thereof the date issued, the name and address of the
owner, the registration number assigned to the vehicle and as to vehicles
of the second division, whether the vehicle is for-hire or not-for-hire and
such description of the vehicle as determined by the Secretary of State.
(Source: P.A. 76-1586.)
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625 ILCS 5/3-411
(625 ILCS 5/3-411) (from Ch. 95 1/2, par. 3-411)
Sec. 3-411.
Registration card to be carried and exhibited on demand.
(a) Every registration card for a vehicle of the second division weighing
more than 8,000 pounds or any vehicle of the second division weighing 8,000
pounds or less towing a trailer, except
pole trailer or semitrailer shall at all times be carried in the vehicle to
which it refers or shall be carried by the person driving or in control of
such vehicle who shall display the same upon demand of a police officer or
any officer or employee of the Secretary of State.
(b) The provisions of this Section requiring that a registration card be
carried in the vehicle to which it refers or by the person driving the same
shall not apply when such card is used for the purpose of making
application for renewal of registration or upon a transfer of registration
of said vehicle.
(c) Every owner or operator of a vehicle of the second division subject to
a reciprocity agreement under subsection (b) of Section 3-402 of this Chapter
shall at all times carry in the vehicle a copy of the reciprocity permit and
shall display the same upon demand of a police officer or any officer or
employee of the Secretary of State.
(Source: P.A. 89-245, eff. 1-1-96; 89-687, eff. 6-1-97.)
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625 ILCS 5/3-412
(625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
Sec. 3-412. Registration plates or digital registration plates and registration stickers or digital registration stickers to be
furnished by the Secretary of State. (a) The Secretary of State upon registering a vehicle subject to annual
registration for the first time shall issue or shall cause to be issued to the
owner one registration plate or digital registration plate for a motorcycle, trailer, semitrailer, moped, autocycle, or truck-tractor, 2 registration plates, or a digital registration plate and metal plate as set forth in Section 3-401.5, for other motor vehicles
and, where applicable, current registration stickers or digital registration stickers for motor vehicles of the
first division. The provisions of this Section may be made applicable to such
vehicles of the second division, as the Secretary of State may, from time to
time, in his discretion designate. On subsequent annual registrations
during the term of the registration plate or digital registration plate as provided in Section 3-414.1, the
Secretary shall issue or cause to be issued registration stickers or digital registration stickers as evidence
of current registration. However, the issuance of annual registration stickers or digital registration stickers
to vehicles registered under the provisions of Sections 3-402.1 and 3-405.3 of
this Code may not be required if the Secretary deems the issuance unnecessary.
(b) Every registration plate or digital registration plate shall have displayed upon it the registration
number assigned to the vehicle for which it is issued, the name of this State,
which may be abbreviated, the year number for which it was issued, which may
be abbreviated, the phrase "Land of Lincoln" (except as otherwise provided in
this Code), and such other letters or numbers as the Secretary
may prescribe. However, for apportionment plates issued to vehicles registered
under Section 3-402.1 and fleet plates issued to vehicles registered under
Section 3-405.3, the phrase "Land of Lincoln" may be omitted to allow for
the word "apportioned", the word "fleet", or other similar language to be
displayed. Registration plates or digital registration plates issued to a vehicle registered as a fleet
vehicle may display a designation determined by the Secretary.
The Secretary may in his discretion prescribe
that letters be used as prefixes only on registration plates or digital registration plates issued to vehicles
of the first division which are registered under this Code and only as suffixes
on registration plates or digital registration plates issued to other vehicles. Every registration sticker or digital registration sticker
issued as evidence of current registration shall designate the year number
for which it is issued and such other letters or numbers as the Secretary may
prescribe and shall be of a contrasting color with the registration plates or digital registration plates and
registration stickers or digital registration stickers of the previous year.
(c) Each registration plate or digital registration plate and the required letters and numerals thereon,
except the year number for which issued, shall be of sufficient size to be
plainly readable from a distance of 100 feet during daylight, and shall be
coated with reflectorizing material. The dimensions of the plate issued to
vehicles of the first division shall be 6 by 12 inches.
(d) The Secretary of State shall issue for every passenger motor vehicle
rented without a driver the same type of registration plates or digital registration plates as the type of
plates issued for a private passenger vehicle.
(e) The Secretary of State shall issue for every passenger
car used as a taxicab or livery, distinctive registration plates or digital registration plates.
(f) The Secretary of State shall issue for every motorcycle
distinctive registration plates or digital registration plates distinguishing between
motorcycles having 150 or more cubic centimeters piston
displacement, or having less than 150 cubic centimeter
piston displacement.
(g) Registration plates or digital registration plates issued to vehicles for-hire may
display a designation as determined by the Secretary that
such vehicles are for-hire.
(h) (Blank).
(i) The Secretary of State shall issue for every public and private
ambulance registration plates or digital registration plates identifying the vehicle as an ambulance.
The Secretary shall forward to the Department of Healthcare and Family Services registration
information for the purpose of verification of claims filed with the
Department by ambulance owners for payment for services to public assistance
recipients.
(j) The Secretary of State shall issue for every public and private
medical carrier or rescue vehicle livery registration plates or digital registration plates displaying
numbers within ranges of numbers reserved respectively for medical carriers
and rescue vehicles. The Secretary shall forward to the Department of Healthcare and Family Services registration information for the purpose of verification of claims filed
with the Department by owners of medical carriers or rescue vehicles for
payment for services to public assistance recipients.
(k) The Secretary of State shall issue distinctive license plates or digital registration plates or distinctive license plate stickers or digital registration stickers for every vehicle exempted from subsections (a) and (a-5) of Section 12-503 by subsection (g) of that Section, and by subsection (g-5) of that Section before its deletion by this amendatory Act of the 95th General Assembly. The Secretary shall issue these plates or stickers immediately upon receiving the physician's certification required under subsection (g) of Section 12-503. New plates or stickers shall also be issued when the certification is renewed as provided in that subsection.
(l) The Secretary of State shall issue distinctive registration plates or digital registration plates for low-speed vehicles. (m) The Secretary of State shall issue distinctive registration plates or digital registration plates for autocycles. The dimensions of the plate issued to autocycles shall be 4 by 7 inches. (Source: P.A. 101-395, eff. 8-16-19.)
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625 ILCS 5/3-413
(625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413)
Sec. 3-413. Display of registration plates or digital registration plates, registration stickers or digital registration stickers,
and drive-away permits; registration plate or digital registration plate covers. (a) Registration plates or digital registration plates issued for a
motor vehicle other than a motorcycle, autocycle, trailer, semitrailer,
truck-tractor, apportioned bus, or apportioned truck shall be attached
thereto, one in the front and one in the
rear. The registration plate or digital registration plate issued for a motorcycle, autocycle, trailer or
semitrailer required to be registered hereunder and any apportionment
plate issued to a bus under the provisions of this Code shall be attached
to the rear thereof. The registration plate or digital registration plate issued for a truck-tractor or
an apportioned truck required to be registered hereunder shall be
attached to the front thereof.
(b) Except for vehicles with rear loaded motorized forklifts, every registration plate or digital registration plate shall at all times be securely fastened
in a horizontal position to the vehicle for which it is issued so as to
prevent the plate from swinging and at a height of not less than 5
inches from the ground, measuring from the bottom of such plate, in a
place and position to be clearly visible and shall be maintained in a
condition to be clearly legible, free
from any materials that would obstruct the visibility of the plate. A registration plate or digital registration plate on a motorcycle may be mounted vertically as long as it is otherwise clearly visible. Registration stickers or digital registration stickers issued as
evidence of renewed annual registration shall be attached to registration
plates or displayed on digital registration plates as required by the Secretary of State, and be clearly visible at
all times. For those vehicles with rear loaded motorized forklifts, if the rear plate is securely fastened in a horizontal position as prescribed, the plate and registration sticker shall not be required to be clearly visible at all times as a result of the rear mounted motorized forklift obstructing the view.
(c) Every drive-away permit issued pursuant to this
Code shall
be firmly attached to the motor vehicle in the manner prescribed by the Secretary of State. If a drive-away permit is affixed to a motor vehicle in any other manner the
permit shall be void and of no effect.
(d) The Illinois prorate decal issued to a foreign registered
vehicle part of a fleet prorated or apportioned with Illinois, shall be
displayed on a registration plate or digital registration plate and displayed on the front of such
vehicle in the same manner as an Illinois registration plate or digital registration plate.
(e) The registration plate or digital registration plate issued for a camper body mounted on a
truck displaying registration plates or digital registration plates shall be attached to the rear of
the camper body.
(f) No person shall operate a vehicle, nor permit the operation of a
vehicle, upon which is displayed an Illinois registration plate or plates or digital registration plate or plates
or registration stickers or digital registration stickers, except as provided for in subsection (b) of Section 3-701 of this Code, after the termination of the registration
period for which issued or after the expiration date set pursuant to
Sections 3-414 and 3-414.1 of this Code.
(g) A person may not operate any motor vehicle that is equipped with registration plate or digital registration plate covers. A violation of this subsection (g) or a similar provision of a local ordinance is an offense against laws and ordinances regulating the movement of traffic. (h) A person may not sell or offer for sale a registration plate or digital registration plate cover. A violation of this subsection (h) is a business offense. (i) A person may not advertise for the purpose of promoting the sale of registration plate or digital registration plate covers. A violation of this subsection (i) is a business offense. (j) A person may not modify the original manufacturer's mounting location of the rear registration plate or digital registration plate on any vehicle so as to conceal the registration or to knowingly cause it to be obstructed in an effort to hinder a peace officer from obtaining the registration for the enforcement of a violation of this Code, Section 27.1 of the Toll Highway Act concerning toll evasion, or any municipal ordinance. Modifications prohibited by this subsection (j) include but are not limited to the use of an electronic device. A violation of this subsection (j) is a Class A misdemeanor.(Source: P.A. 101-395, eff. 8-16-19.) |
625 ILCS 5/3-414
(625 ILCS 5/3-414) (from Ch. 95 1/2, par. 3-414)
Sec. 3-414. Expiration of registration.
(a) Every vehicle registration under this Chapter and every registration
card and registration plate or digital registration plate or registration sticker or digital registration sticker issued hereunder to a
vehicle shall be for the periods specified in this Chapter and shall expire
at midnight on the day and date specified in this Section as follows:
1. When registered on a calendar year basis | | commencing January 1, expiration shall be on the 31st day of December or at such other date as may be selected in the discretion of the Secretary of State; however, through December 31, 2004, registrations of apportionable vehicles, motorcycles, motor driven cycles and pedalcycles shall commence on the first day of April and shall expire March 31st of the following calendar year;
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1.1. Beginning January 1, 2005, registrations of
| | motorcycles and motor driven cycles shall commence on January 1 and shall expire on December 31 or on another date that may be selected by the Secretary; registrations of apportionable vehicles and pedalcycles, however, shall commence on the first day of April and shall expire March 31 of the following calendar year;
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| | commencing January 1 of an even-numbered year, expiration shall be on the 31st day of December of the ensuing odd-numbered year, or at such other later date as may be selected in the discretion of the Secretary of State not beyond March 1 next;
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3. When registered on a fiscal year basis commencing
| | July 1, expiration shall be on the 30th day of June or at such other later date as may be selected in the discretion of the Secretary of State not beyond September 1 next;
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4. When registered on a 2 fiscal year basis
| | commencing July 1 of an even-numbered year, expiration shall be on the 30th day of June of the ensuing even-numbered year, or at such other later date as may be selected in the discretion of the Secretary of State not beyond September 1 next;
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5. When registered on a 4 fiscal year basis
| | commencing July 1 of an even-numbered year, expiration shall be on the 30th day of June of the second ensuing even-numbered year, or at such other later date as may be selected in the discretion of the Secretary of State not beyond September 1 next.
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(a-5) The Secretary may, in his or her discretion, require an owner of a motor vehicle of the first division or a motor vehicle of the second division weighing not more than 8,000 pounds to select the owner's birthday as the date of registration expiration under this Section. If the motor vehicle has more than one registered owner, the owners may select one registered owner's birthday as the date of registration expiration. The Secretary may adopt any rules necessary to implement this subsection.
(b) Vehicle registrations of vehicles of the first division shall be
for a calendar year, 2 calendar year, 3 calendar year, or 5 calendar year basis as provided for in this
Chapter.
Vehicle registrations of vehicles under Sections 3-808 and
3-809 shall be on an indefinite term basis or a 2 calendar year basis as
provided for in this Chapter.
Vehicle registrations for vehicles of the second division shall be
for a fiscal year, 2 fiscal year or calendar year basis as provided for
in this Chapter.
Motor vehicles registered under the provisions of
Section 3-402.1 shall
be issued multi-year registration plates or digital registration plates with a new registration card
issued annually upon payment of the appropriate fees. Motor vehicles registered under the provisions of Section 3-405.3 shall be issued multi-year registration plates or digital registration plates with a new multi-year registration card issued pursuant to subsections (j), (k), and (l) of this Section upon payment of the appropriate fees. Apportionable
trailers and apportionable semitrailers registered under the provisions of
Section 3-402.1 shall be issued multi-year registration plates or digital registration plates and cards
that will be subject to revocation for failure to pay annual fees required
by Section 3-814.1. The Secretary shall determine when these vehicles
shall be issued new registration plates or digital registration plates.
(c) Every vehicle registration specified in Section 3-810 and every
registration card and registration plate or digital registration plate or registration sticker or digital registration sticker issued
thereunder shall expire on the 31st day of December of each year or at
such other date as may be selected in the discretion of the Secretary of
State.
(d) Every vehicle registration for a vehicle of the second division
weighing over 8,000 pounds,
except as provided in subsection (g) of this Section, and every
registration card and registration plate or registration sticker, or digital registration plate or digital registration sticker, where
applicable, issued hereunder to such vehicles shall be issued for a
fiscal year commencing on July 1st of each registration year. However,
the Secretary of State may, pursuant to an agreement or arrangement or
declaration providing for apportionment of a fleet of vehicles with
other jurisdictions, provide for registration of such vehicles under
apportionment or for all of the vehicles registered in Illinois by an
applicant who registers some of his vehicles under apportionment on a
calendar year basis instead, and the fees or taxes to be paid on a
calendar year basis shall be identical to those specified in this Code
for a fiscal year registration. Provision for installment payment may
also be made.
(e) Semitrailer registrations under apportionment may be on a
calendar year under a reciprocal agreement or arrangement and all other
semitrailer registrations shall be on fiscal year or 2 fiscal year or 4
fiscal year basis as provided for in this Chapter.
(f) The Secretary of State may convert annual registration plates or digital registration plates or
2-year registration plates or digital registration plates, whether registered on a calendar year or fiscal
year basis, to multi-year plates. The determination of which plate categories
and when to convert to multi-year plates is solely within the discretion of the
Secretary of State.
(g) After January 1, 1975, each registration, registration card and
registration plate or digital registration plate or registration sticker or digital registration sticker, where applicable, issued for
a recreational vehicle or recreational or camping trailer, except a
house trailer, used exclusively by the owner for recreational purposes,
and not used commercially nor as a truck or bus, nor for hire, shall be
on a calendar year basis; except that the Secretary of State shall
provide for registration and the issuance of registration cards and
plates or registration stickers, or digital registration plates or stickers, where applicable, for one 6-month
period in order to accomplish an orderly transition from a fiscal year
to a calendar year basis. Fees and taxes due under this Code for a
registration year shall be appropriately reduced for such 6-month
transitional registration period.
(h) The Secretary of State may, in order to accomplish an orderly
transition for vehicles registered under Section 3-402.1 of this Code from
a calendar year registration to a March 31st expiration, require applicants
to pay fees and taxes due under this Code on a 15 month registration basis.
However, if in the discretion of the Secretary of State this creates an
undue hardship on any applicant the Secretary may allow the applicant to
pay 3 month fees and taxes at the time of registration and the additional
12 month fees and taxes to be payable no later than March 31, 1992.
(i) The Secretary of State may stagger registrations, or change the annual expiration date, as necessary
for the convenience of the public and the efficiency of his Office. In
order to appropriately and effectively accomplish any such staggering, the
Secretary of State is authorized to prorate all required registration fees, rounded to the nearest dollar,
but in no event for a period longer than 18 months, at a monthly rate for
a 12-month registration fee.
(j) The Secretary of State may enter into an agreement with a rental owner, as defined in Section 3-400 of this Code, who registers a fleet of motor vehicles of the first division pursuant to Section 3-405.3 of this Code to provide for the registration of the rental owner's vehicles on a 2 or 3 calendar year basis and the issuance of multi-year registration plates or digital registration plates with a new registration card
issued up to every 3 years.
(k) The Secretary of State may provide multi-year registration cards for any registered fleet of motor vehicles of the first or second division that are registered pursuant to Section 3-405.3 of this Code. Each motor vehicle of the registered fleet must carry a unique multi-year registration card that displays the vehicle identification number of the registered motor vehicle. The Secretary of State shall promulgate rules in order to implement multi-year registrations.
(l) Beginning with the 2018 registration year, the Secretary of State may enter into an agreement with a rental owner, as defined in Section 3-400 of this Code, who registers a fleet of motor vehicles of the first division under Section 3-405.3 of this Code to provide for the registration of the rental owner's vehicle on a 5 calendar year basis. Motor vehicles registered on a 5 calendar year basis shall be issued a distinct registration plate or digital registration plate that expires on a 5-year cycle. The Secretary may prorate the registration of these registration plates or digital registration plates to the length of time remaining in the 5-year cycle. The Secretary may adopt any rules necessary to implement this subsection.
(Source: P.A. 100-201, eff. 8-18-17; 100-863, eff. 8-14-18; 100-956, eff. 1-1-19; 101-395, eff. 8-16-19.)
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625 ILCS 5/3-414.1
(625 ILCS 5/3-414.1) (from Ch. 95 1/2, par. 3-414.1)
Sec. 3-414.1. Term of multi-year registration plates.
(a) Registration
plates issued for motor vehicles shall be valid for
an indefinite term of not
less than one year. Registration plates issued as two-year or five-year
plates may be issued as multi-year plates at the discretion of the
Secretary of State. Current renewal registration stickers,
when necessary, are to be attached as provided in Section 3-413. The Secretary
may in his discretion prescribe a term greater than one year or may extend
the term of current registration plates for an additional calendar year
by appropriate public announcement made before August 1 of the current
registration
year.
(b) Registration plates issued to owners of vehicles subject to annual
registration for the first time during the term of the plates shall be valid
until the expiration of the term. Current annual registration stickers
are to be attached as provided in Section 3-413.
(Source: P.A. 99-80, eff. 1-1-16.)
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625 ILCS 5/3-414.5 (625 ILCS 5/3-414.5) Sec. 3-414.5. Multi-year registration. (a) The Secretary of State shall permit the owner of a motor vehicle of the first division or a motor vehicle of the second division weighing not more than 8,000 pounds or a motor vehicle of the second division applying for a C class registration plate to register the motor vehicle for a period of 2 years if the owner selects to register his or her motor vehicle under this Section. (1) If the motor vehicle to be registered is | | required to undergo emissions inspections, the 2-year registration must coincide with the emissions inspection cycle.
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| (2) An applicant for a 2-year registration
| | shall apply online or by completing and mailing the appropriate 2-year registration application form to the address indicated on the form.
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| (3) The owner of a motor vehicle with a
| | 2-year registration may transfer that registration to another motor vehicle with the same emissions inspection requirements, if applicable. The owner of a motor vehicle with a 2-year registration who discontinues use of the registration before the expiration of the 2-year period is not entitled to a complete or a prorated refund of the registration fee.
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| (4) The fee for a 2-year registration shall
| | be twice the applicable annual registration fee for the motor vehicle being registered. If the owner of a motor vehicle issued registration under this subsection is subject to an annual surcharge under Section 3-806 or 3-815, the Secretary of State shall collect the surcharge for each registration year of the multi-year registration at the same time the Secretary of State collects the one-time registration fee.
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| (b) The Secretary of State shall permit the owner of a trailer to register the trailer for a period of either one year or up to an extended 5-year registration period.
(1) The registration shall be based on a
| | recurring 5-year registration period. The trailer owner may apply for an annual registration, registration for the full 5 years, or for the number of years remaining in the current 5-year cycle at the time of the registration application.
|
| (2) An applicant for a 5-year trailer
| | registration shall apply online or by completing and mailing the appropriate 5-year registration application form to the address indicated on the form.
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| (3) The owner of a trailer with a 5-year
| | registration may transfer that registration to another trailer of the same weight class. The owner of a trailer with a 5-year registration who discontinues use of the registration before the expiration of the 5-year period is not entitled to a complete or a prorated refund of the registration fee.
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| (4) The fee for a 5-year registration shall
| | be the same as the applicable annual registration fee for the trailer being registered multiplied by the number of years remaining in the current 5-year cycle at the time of the registration application.
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| (c) The Secretary of State may adopt rules to implement this Section.
(Source: P.A. 100-986, eff. 1-1-21.)
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625 ILCS 5/3-415
(625 ILCS 5/3-415) (from Ch. 95 1/2, par. 3-415)
Sec. 3-415. Application for and renewal of registration. (a) Calendar
year. Application for renewal of a vehicle registration shall be made by
the owner, as to those vehicles required to be registered on a calendar
registration year, not later than December 1 of each year, upon proper
application
and by payment of the registration fee and tax for such vehicle, as provided
by law except that application for renewal of a vehicle registration, as
to those vehicles required to be registered on a staggered calendar year
basis, shall be made by the owner in the form and manner prescribed by the
Secretary of State.
(b) Fiscal year. Application for renewal of a vehicle
registration shall be made by the owner, as to those vehicles
required to be registered on a fiscal registration year, not
later than June 1 of each year, upon proper application and by
payment of the registration fee and tax for such vehicle as
provided by law, except that application for renewal of a vehicle registration,
as to those vehicles required to be registered on a staggered fiscal year
basis, shall be made by the owner in the form and manner prescribed by the
Secretary of State.
(c) Two calendar years. Application for renewal of a vehicle
registration shall be made by the owner, as to those vehicles
required to be registered for 2 calendar years, not later than
December 1 of the year preceding commencement of the 2-year
registration period, except that application for renewal of a vehicle
registration, as to those vehicles required to be registered for 2 years
on a staggered registration basis, shall be made by the owner in the form
and manner prescribed by the Secretary of State.
(d) Two fiscal years. Application for renewal of a vehicle
registration shall be made by the owner, as to those vehicles
required to be registered for 2 fiscal years, not later than
June 1 immediately preceding commencement of the 2-year
registration period, except that application for renewal of a vehicle
registration, as to those vehicles required to be registered for 2 fiscal
years on a staggered registration basis, shall be made by the owner in the
form and manner prescribed by the Secretary of State.
(d-5) Three calendar years. Application for renewal of a vehicle
registration shall be made by the owner, as to those vehicles
required to be registered for 3 calendar years, not later than
December 1 of the year preceding commencement of the 3-year
registration period. (d-10) Five calendar years. Application for renewal of a vehicle registration shall be made by the owner, as to those vehicles required to be registered for 5 calendar years, not later than December 1 of the year preceding commencement of the 5-year registration period. (e) Time of application. The Secretary of State may receive
applications for renewal of registration and grant the same
and issue new registration cards and plates or registration
stickers at any time prior to expiration of registration.
No person shall display upon a vehicle, the new registration
plates or registration stickers prior to the dates the Secretary of State
in his discretion
may select.
(f) Verification. The Secretary of State may further
require, as to vehicles for-hire, that applications be
accompanied by verification that fees due under the Illinois
Motor Carrier of Property Law, as amended, have been paid.
(g) (Blank). (h) Returning combat mission veterans. Beginning in registration year 2017, the application for renewal, and subsequent fees, of a vehicle registration for a member of the active-duty or reserve component of the United States Armed Forces returning from a combat mission shall not be required for that service member's next scheduled renewal. Proof of combat mission service shall come from the service member's hostile fire pay or imminent danger pay documentation received any time in the 12 months preceding the registration renewal. Nothing in this subsection is applicable to the additional fees incurred by specialty, personalized, or vanity license plates. (Source: P.A. 98-539, eff. 1-1-14; 98-787, eff. 7-25-14; 99-32, eff. 7-10-15; 99-80, eff. 1-1-16; 99-642, eff. 7-28-16.)
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625 ILCS 5/3-416
(625 ILCS 5/3-416) (from Ch. 95 1/2, par. 3-416)
Sec. 3-416. Notice of change of address or name.
(a) Whenever any person after making application for or obtaining the
registration of a vehicle shall move from the address named in the
application or shown upon a registration card such
person shall within 10 days thereafter notify the Secretary of State of his or her old and new address.
(a-5) A police officer, a deputy sheriff, an elected sheriff, a law
enforcement officer for the Illinois State Police, or a fire investigator
who, in
accordance with Section 3-405, has furnished the address of the office of the
headquarters of the governmental entity or police district where he or she
works instead of his or
her domicile address shall, within 10 days after he or she is no longer
employed by that governmental entity or police district as a police officer, a
deputy sheriff, an elected sheriff, a law enforcement officer for the
Illinois State Police or a fire investigator, notify the Secretary of
State of the old address and his or
her new address. If, in accordance with Section 3-405, the spouse and children
of a police
officer, deputy sheriff, elected sheriff, law enforcement officer for the
Illinois State Police, or fire investigator have furnished the address of
the office of the headquarters of the governmental entity or police district
where the police officer, deputy sheriff, elected sheriff, law enforcement
officer for the Illinois State Police, or fire investigator works instead
of their domicile address, the spouse and children shall notify the Secretary
of State of their old address and new address within 10 days after the police
officer, deputy sheriff, elected sheriff, law enforcement officer for the
Illinois State Police, or fire investigator is no longer employed by that
governmental entity or police district as a police officer, deputy sheriff,
elected sheriff, law enforcement officer for the Illinois State Police, or
fire investigator.
(b) Whenever the name of any person who has made application for or
obtained the registration of a vehicle is thereafter changed by marriage or
otherwise such person shall within 10 days notify the Secretary of State of
such former and new name.
(c) In either event, any such person may obtain a corrected registration
card or certificate of title upon application and payment of the statutory
fee.
(Source: P.A. 102-538, eff. 8-20-21.)
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625 ILCS 5/3-417
(625 ILCS 5/3-417) (from Ch. 95 1/2, par. 3-417)
Sec. 3-417. Lost or damaged or stolen cards, plates and registration
stickers. (a) In the event any registration card, plate or digital plate, registration
sticker or digital registration sticker, or other Illinois evidence of proper registration is lost,
mutilated or becomes illegible, the owner or legal representative or
successor in interest of the owner of the vehicle for which the same was
issued as shown by the records of the Secretary of State shall
immediately make application for and may obtain a duplicate under a new
registration card, plate or digital plate, registration sticker or digital registration sticker, or other Illinois
evidence of proper registration.
(b) In the event any registration card, plate or digital plate, registration sticker or digital registration sticker,
or other Illinois evidence of proper registration is stolen from the
owner, the owner or legal representative or successor in interest of the
owner of the vehicle shall promptly notify the
Secretary of State, and in order to comply with Section 3-413 of this Act
the owner shall make application for and obtain a
duplicate registration card, plate or digital plate, registration sticker or digital registration sticker, or other
Illinois evidence of proper registration.
(c) The Secretary of State may, if advisable, issue a
substitute or new registration number in lieu of issuing a duplicate.
(d) An applicant for a duplicate shall furnish information
satisfactory to and prescribed by the Secretary of State, and he or she shall
forward with the application, the fees prescribed by law.
(Source: P.A. 101-395, eff. 8-16-19.)
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625 ILCS 5/3-418
(625 ILCS 5/3-418) (from Ch. 95 1/2, par. 3-418)
Sec. 3-418.
Registration under new identifying number.
When the Secretary of State issues a new identifying number, such motor
vehicle shall be registered under such identifying number in lieu of the
former identifying number.
(Source: P.A. 76-1586.)
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625 ILCS 5/3-419
(625 ILCS 5/3-419) (from Ch. 95 1/2, par. 3-419)
Sec. 3-419.
Regulations governing change of motors.
The Secretary of State is authorized to adopt and enforce such
registration rules and regulations as may be deemed necessary and
compatible with the public interest with respect to the change or
substitution of one engine in place of another in any motor vehicle.
Where a substitution or change changes the classification of a motor
vehicle for registration purposes resulting in requiring the payment of a
greater fee or tax, the owner shall be required to reclassify the
registration and pay the higher or greater fee or tax due.
(Source: P.A. 77-364.)
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625 ILCS 5/3-421
(625 ILCS 5/3-421) (from Ch. 95 1/2, par. 3-421)
Sec. 3-421. Right of reassignment. (a) Every natural person
shall have the right of reassignment of the license number issued
to him during the current registration plate or digital registration plate term, for the
ensuing registration plate or digital registration plate term, provided his or her application
for reassignment is received in the Office of the Secretary of
State on or before September 30 of the final year of the
registration plate or digital registration plate term as to a vehicle registered on a calendar
year, and on or before March 31 as to a vehicle registered on
a fiscal year. The right of reassignment shall apply to every natural person
under the staggered registration system provided the application for reassignment
is received in the Office of the Secretary of State by the 1st day of the
month immediately preceding the applicant's month of expiration.
In addition, every natural person shall have the right of
reassignment of the license number issued to him for a two-year
registration, for the ensuing two-year period. Where the
two-year period is for two calendar years, the application
for reassignment must be received by the Secretary
of State on or before September 30th of the year preceding
commencement of the two-year period. Where the two-year
period is for two fiscal years commencing on July 1, the
application for reassignment must be received by the Secretary
of State on or before April 30th immediately preceding
commencement of the two-year period.
(b) Notwithstanding the above provision, the Secretary of
State shall, subject to the existing right of reassignment,
have the authority to designate new specific combinations of
numerical, alpha-numerical, and numerical-alpha licenses for
vehicles registered on a calendar year or on a fiscal year,
whether the license be issued for one or more years. The new
combinations so specified shall not be subject to the right
of reassignment, and no right of reassignment thereto may at
any future time be acquired.
(c) If a person has a registration plate in his or her name and seeks to reassign the registration plate to his or her spouse, the Secretary shall waive any transfer fee or vanity or personalized registration plate fee upon both spouses signing a form authorizing the reassignment of registration. (c-1) If a person who has a registration plate in his or her name seeks to reassign the registration plate to his or her child, the Secretary shall waive any transfer fee or vanity or personalized registration plate fee.(Source: P.A. 101-395, eff. 8-16-19; 101-611, eff. 6-1-20; 102-558, eff. 8-20-21.) |
625 ILCS 5/3-422 (625 ILCS 5/3-422) Sec. 3-422. Issuance of confidential license plates and registrations. (a) Requirements for use of confidential vehicle license plates and registrations. Confidential vehicle license plates and registrations may be issued to local, state, and federal government agencies for bona fide law enforcement purposes. The plates and registrations may be issued in fictitious names and addresses, and may be used only in confidential, investigative, or undercover law enforcement operations. (b) Application procedures for confidential plates and registrations: (1) Applications by local, state, and federal | | government agencies for confidential license plates and registrations must be made to the Secretary of State Police Department on a form and in a manner prescribed by the Secretary of State Police Department.
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| (2) The application form must include information,
| | as specific as possible without compromising investigations or techniques, setting forth the need for the license plates and registrations and the uses to which the license plates and registrations will be limited.
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| (3) The application form must be signed and verified
| | by the local, state, or federal government agency head or designee.
|
| (4) Registration information maintained by the
| | Secretary of State Police Department for confidential license plates and registrations must show the fictitious names and addresses on all records subject to public disclosure. All other information concerning these confidential license plates and registrations are exempt from disclosure unless the disclosure is ordered by a court of competent jurisdiction.
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| (c) Revocation and cancellation procedures for confidential license plates and registrations:
(1) The Secretary of State Police Department may
| | revoke or refuse to renew confidential license plates and registrations when they have reasonable cause to believe the license plates and registrations are being used for purposes other than those set forth in the application form or authorized by this Section, or where records indicate that within a one-year period five or more parking or toll highway violations have been issued to the vehicle associated with the license plate and registration and those violations remain unpaid.
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| (2) A government agency must request cancellation of
| | confidential license plates and registrations that are no longer required for the purposes for which they were issued.
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| (3) All revoked confidential license plates and
| | certificates of registration must be promptly returned to the Secretary of State Police Department by the government agency to which they were issued.
|
| (d) All fees collected for the issuance of confidential license plates and registrations must be deposited in the Secretary of State Police Services Fund.
(Source: P.A. 96-549, eff. 8-17-09.)
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625 ILCS 5/Ch. 3 Art. V
(625 ILCS 5/Ch. 3 Art. V heading)
ARTICLE V.
TRANSFER OF REGISTRATION
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625 ILCS 5/3-501
(625 ILCS 5/3-501) (from Ch. 95 1/2, par. 3-501)
Sec. 3-501.
Registration expires on transfer by owner.
Whenever the owner of a registered vehicle transfers or assigns his
title, or interest thereto, the registration of such vehicle shall expire
and the owner shall not be entitled to any refund of the registration fee.
The owner shall remove the registration plates and registration stickers,
if any, therefrom and forward the
same to the Secretary of State or may have such plates
and registration stickers, if any, and the registration
number thereon assigned to another vehicle upon payment of the fees
required by law and subject to the rules and regulations of the Secretary
of State.
(Source: P.A. 80-230; 80-1185.)
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625 ILCS 5/3-501.1
(625 ILCS 5/3-501.1) (from Ch. 95 1/2, par. 3-501.1)
Sec. 3-501.1. Transfer or return of vanity or personalized license
plates. When any person who has been issued vanity or personalized license
plates or digital license plates sells, trades, or otherwise releases the ownership of the vehicle
upon which the vanity or personalized license plates or digital license plates have been displayed,
he or she shall immediately report the transfer of such plates or digital plates to an acquired
motor vehicle pursuant to Section 3-501 and pay the transfer fee
or
shall, upon the request of the Secretary, immediately return such plates
to the Secretary of State. The right to
reassignment of the registration plate or digital registration plate number shall apply as provided in
Section 3-421 of this Code.
(Source: P.A. 101-395, eff. 8-16-19.)
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625 ILCS 5/3-502
(625 ILCS 5/3-502) (from Ch. 95 1/2, par. 3-502)
Sec. 3-502.
New owner must secure new registration.
The transferee before operating or permitting the operation of such
vehicle upon a highway shall apply for and obtain the registration thereof,
as upon an original registration, except as otherwise permitted in Sections
3-401, 3-503 and 3-504.
(Source: P.A. 76-1586.)
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625 ILCS 5/3-503
(625 ILCS 5/3-503) (from Ch. 95 1/2, par. 3-503)
Sec. 3-503.
Transfers to dealers.
When the transferee of a vehicle is a dealer who holds the same for
resale and lawfully operates the same under dealers' number plates or when
the transferee does not drive such vehicle or permit it to be driven upon
the highways, such transferee shall not be required to obtain a new
registration of said vehicle.
(Source: P.A. 76-1586.)
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625 ILCS 5/3-504
(625 ILCS 5/3-504) (from Ch. 95 1/2, par. 3-504)
Sec. 3-504.
Transfer by operation of law.
Except in case of joint tenancy with the right of survivorship or
surviving spouse or transfer pursuant to an order of the Illinois Commerce
Commission or Interstate Commerce Commission, whenever the title or
interest of an owner in or to a registered vehicle shall pass to another
otherwise than by voluntary transfer, except a transfer pursuant to an
order of the Illinois Commerce Commission or Interstate Commerce
Commission, the registration thereof shall expire and the vehicle shall not
be operated upon the highways unless and until the person entitled to
possession of such vehicle shall apply for and obtain the registration
thereof.
(Source: P.A. 76-1586.)
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625 ILCS 5/3-505
(625 ILCS 5/3-505) (from Ch. 95 1/2, par. 3-505)
Sec. 3-505.
Transfer of Reciprocity Permit or Prorate Decals.
Whenever the owner of a vehicle properly registered in another State
transfers his interest thereto, Illinois evidence of proper registration
in such other State, that is an Illinois Reciprocity Permit
or a Prorate
Decal, shall expire and the owner shall remove the same from such
vehicle and forward the same to the Secretary of State.
The owner may, however, instead have such Illinois evidence of proper
registration in another State assigned to another vehicle also properly
registered in another State, upon payment of the fees required by law
and subject to the rules and regulations of the Secretary.
(Source: P.A. 81-886.)
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625 ILCS 5/3-506 (625 ILCS 5/3-506) Sec. 3-506. Transfer of plates to spouses of military service members. Upon the death of a military service member who has been issued a special plate under Section 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681, 3-683, 3-686, 3-688, 3-693, 3-698, 3-699.12, 3-699.15, 3-699.16, 3-699.17, 3-699.19, or 3-699.20 of this Code, the surviving spouse of that service member may retain the plate so long as that spouse is a resident of Illinois and transfers the registration to his or her name within 180 days of the death of the service member. For the purposes of this Section, "service member" means any individual who is serving or has served in any branch of the United States Armed Forces, including the National Guard or other reserve components of the Armed Forces, and has been issued a special plate listed in this Section.
(Source: P.A. 101-51, eff. 7-12-19; 102-154, eff. 1-1-22.) |
625 ILCS 5/Ch. 3 Art. VI
(625 ILCS 5/Ch. 3 Art. VI heading)
ARTICLE VI. SPECIAL PLATES AND SPECIAL LICENSE PLATE STICKERS
(Source: P.A. 94-564, eff. 8-12-05.) |
625 ILCS 5/3-600
(625 ILCS 5/3-600) (from Ch. 95 1/2, par. 3-600)
Sec. 3-600. Requirements for issuance of special plates.
(a) The Secretary of State shall issue only special plates that have been authorized by the General Assembly. Except as provided in subsection (a-5), the Secretary of State shall not issue a series of special plates, or Universal special plates associated with an organization authorized to issue decals for Universal special plates,
unless applications, as prescribed by the Secretary, have been received for 2,000
plates of that series. Where a special plate is authorized by law to raise funds for a specific civic group, charitable entity, or other identified organization, or when the civic group, charitable entity, or organization is authorized to issue decals for Universal special license plates, and where the Secretary of State has not received the required number of applications to issue that special plate within 2 years of the effective date of the Public Act authorizing the special plate or decal, the Secretary of State's authority to issue the special plate or a Universal special plate associated with that decal is nullified. All applications for special plates shall be on a form designated by the Secretary and shall be accompanied by any civic group's, charitable entity's, or other identified fundraising organization's portion of the additional fee associated with that plate or decal. All fees collected under this Section are non-refundable and shall be deposited in the special fund as designated in the enabling legislation, regardless of whether the plate or decal is produced. Upon the adoption of this amendatory Act of the 99th General Assembly, no further special license plates shall be authorized by the General Assembly unless that special license plate is authorized under subsection (a-5) of this Section.
(a-5) If the General Assembly authorizes the issuance of a special plate that recognizes the applicant's military service or receipt of a military medal or award, the Secretary may immediately begin issuing that special plate. (b) The Secretary of State, upon issuing a new series of special license
plates, shall notify all law enforcement officials of the design, color and
other special features of the special license plate series.
(c) This Section shall not apply to the
Secretary of State's discretion as established in Section 3-611.
(d) If a law authorizing a special license plate provides that the sponsoring organization is to designate a charitable entity as the recipient of the funds from the sale of that license plate, the designated charitable entity must be in compliance with the registration and reporting requirements of the Charitable Trust Act and the Solicitation for Charity Act. In addition, the charitable entity must annually provide the Secretary of State's office a letter of compliance issued by the Illinois Attorney General's office verifying the entity is in compliance with the Acts. In the case of a law in effect before the effective date of this amendatory Act of the 97th General Assembly, the name of the charitable entity which is to receive the funds shall be provided to the Secretary of State within one year after the effective date of this amendatory Act of the 97th General Assembly. In the case of a law that takes effect on or after the effective date of this amendatory Act of the 97th General Assembly, the name of the charitable entity which is to receive the funds shall be provided to the Secretary of State within one year after the law takes effect. If the organization fails to designate an appropriate charitable entity within the one-year period, or if the designated charitable entity fails to annually provide the Secretary of State a letter of compliance issued by the Illinois Attorney General's office, any funds collected from the sale of plates authorized for that organization and not previously disbursed shall be transferred to the General Revenue Fund, and the special plates shall be discontinued. (e) If fewer than 1,000 sets of any special license plate authorized by law and issued by the Secretary of State are actively registered for 2 consecutive calendar years, the Secretary of State may discontinue the issuance of that special license plate or require that special license plate to be exchanged for Universal special plates with appropriate decals. (f) Where special license plates have been discontinued pursuant to subsection (d) or (e) of this Section, or when the special license plates are required to be exchanged for Universal special plates under subsection (e) of this Section, all previously issued plates of that type shall be recalled. Owners of vehicles which were registered with recalled plates shall not be charged a reclassification or registration sticker replacement plate fee upon the issuance of new plates for those vehicles. (g) Any special plate that is authorized to be issued for motorcycles may also be issued for autocycles. (h) The Secretary may use alternating numeric and alphabetical characters when issuing a special registration plate authorized under this Chapter. (i) The Secretary of State may issue digital registration plates and stickers in accordance with this Section and Section 3-401.5.(Source: P.A. 100-956, eff. 1-1-19; 101-395, eff. 8-16-19.)
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625 ILCS 5/3-601
(625 ILCS 5/3-601) (from Ch. 95 1/2, par. 3-601)
Sec. 3-601. Operation of vehicles under special plates.
(a) A manufacturer owning any unregistered vehicle of a type otherwise
required to be registered under this Act may operate or move such upon the
highways without registering each such vehicle upon condition that any such
vehicle display thereon, a special plate or plates issued to such owner as
provided in this Article.
(b) A dealer owning any unregistered vehicle of a type otherwise
required to be registered under this Act and held by him for sale or
resale, may operate or move such upon the highways without registering each
such vehicle upon condition that any such vehicle display thereon a special
plate or plates issued to such owner as provided in this Article. A dealer may use a special plate issued to the dealer to transport a vehicle sold to a customer either by towing or by driving the sold vehicle with the special plate attached to the vehicle.
(c) A transporter may operate or move any vehicle not owned by him upon
the highways by the driveaway or towaway methods solely for the purpose of
delivery upon likewise displaying thereon like plates issued to him as
provided in this Article.
(d) A boat dealer owning any boat trailer of a type otherwise required
to be registered under this Act may operate or move such upon the highways
and haul a boat customarily sold with such boat trailer, without
registering each such boat trailer upon condition that any such boat
trailer display thereon, in the manner prescribed in Section 3-413, a
special plate or plates issued to such owner as provided in this Article.
(e) Any person owning unregistered vehicles of a type required to be
registered and which are exclusively operated off the highways and upon
private property, may move such vehicles from one plant location to another
upon the highways without registering each such vehicle upon conditions
that any such vehicle display thereon a special plate or plates issued to
such persons as provided in this Article. Such vehicles must be unladen and
may not be operated upon any highways with such special plates except for
the interplant movement.
(f) Any person owning a vehicle of a type required to be registered
which when purchased is not yet equipped for work or service, may move such
vehicle from the point of original manufacture or sale to a body shop or
other place where the vehicle is to be equipped for work or service and
from such point to the owner's place of business without first registering
each such vehicle upon condition that any such vehicle display thereon a
special plate or plates issued to such person as provided in this Article.
Upon completion of such movement, any such vehicle subject to registration
must be properly registered.
(g) Special plates issued under this Article must be displayed in the
manner provided for in Section 3-413.
(h) Any such vehicle bearing such special plate or plates may be
operated without registration for any purpose, except that no such special
plate or plates shall be used on any vehicle which is rented by the
manufacturer or dealer to another person or which is used to transport
passengers or property for hire, nor, except as provided in paragraph (i)
of this Section, shall any such special plate or plates be used on a second
division vehicle which is carrying cargo or merchandise except in
demonstrating such second division vehicle for the purposes of sale, or for
the purpose of testing engine and driveline components.
(i) The provisions of this Article authorizing special plates shall not
apply to work or service vehicles owned by a manufacturer, transporter or
dealer except a truck up to 8,000 pounds gross weight owned by a dealer and
used for hauling parts incidental to the operation of the dealer's
business.
(j) The Secretary of State may limit the number of special plates issued
to any applicant.
(Source: P.A. 101-505, eff. 1-1-20.)
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625 ILCS 5/3-602
(625 ILCS 5/3-602) (from Ch. 95 1/2, par. 3-602)
Sec. 3-602. Certificate and special plates for dealers, manufacturers,
and transporters.
(a) Any dealer, manufacturer, or transporter
may make application to the Secretary of State upon the appropriate form
for a certificate containing a general distinguishing number and for one or
more sets of special plates as appropriate to various types
of vehicles subject to registration hereunder. The applicant shall
submit such proof of his or her status as a bona fide dealer,
manufacturer,
or transporter as may be reasonably required by the Secretary of State.
(b) The Secretary of State, upon granting any such application, shall
issue to the applicant a certificate containing the applicant's name and
address and special plates as applied for. Both the certificates and
special plates shall display the general distinguishing number assigned
to the applicant.
(c) The Secretary of State shall issue special plates to dealers and
manufacturers in accordance with the following formula:
|
number vehicles |
maximum number sets |
maximum number |
sold in previous |
of special plates |
additional sets |
calendar year |
issued at fee set |
issued at fee |
|
by Sec. 3-810 |
set by Sec. 3-806 |
0 |
0 |
0 |
1-10 |
1 |
1 |
11-25 |
2 |
2 |
26-100 |
8 |
8 |
101-250 |
12 |
12 |
251-500 |
20 |
20 |
501-750 |
30 |
30 |
751-1000 |
40 |
40 |
1001-1500 |
50 |
50 |
1501-2000 |
60 |
60 |
2001-2500 |
70 |
70 |
2501+ |
90 |
90 |
|
For those Dealers with annual sales over 2501, special plates will be
allocated based on 10 sets of plates under each section for each additional
500 vehicles sold.
The limit on the maximum number of additional sets issued to
manufacturers at the fee set by Section 3-806 may be lifted at the
discretion of the Secretary of State.
The Secretary shall issue to a new dealer or manufacturer not more than
8 sets of special plates at each fee. If the new dealer or manufacturer
has acquired his or her business from a previous dealer or manufacturer, he
or she may
be issued a number of sets based upon the number of vehicles sold in the
previous calendar year by the previous dealer or manufacturer. If the new
dealer or manufacturer was in business for only a part of the previous calendar
year, the number of special plates to which he or she is entitled may be
extrapolated
from the number of vehicles he or she sold during that part of the year.
(c-5) The Secretary may limit the number of special plates authorized under this Section that are issued to dealers, manufacturers, or transporters based on factors including, but not limited to, sales of vehicles, revenue, or number of employees.
(d) Any manufacturer of engine and driveline components may apply to the
Secretary of State for a license to operate vehicles in which such
components are installed on the public highways of the State for the
purpose of testing such components. The application shall describe the
components and the vehicles in which they are installed, and shall contain
such additional information as the Secretary shall prescribe. Upon receipt
of an application and an accompanying fee of $1000, the Secretary shall issue
to the applicant a license for the entire test period of the components
described in the application.
Every licensee shall keep a record of each vehicle operated under such
license which shall be open to inspection by the Secretary or his
authorized representative for inspection at any reasonable time during the
day or night.
The license of a manufacturer of engine and driveline components may be
denied, revoked or suspended if the Secretary finds that the manufacturer
has:
(1) violated this Code;
(2) made any material misrepresentation to the
| | Secretary of State in connection with an application for a license; or
|
|
(3) failed to produce for the Secretary of State any
| | record required to be produced by this Code.
|
|
This amendatory Act of 1983 shall be applicable to the 1984 registration
year and thereafter.
(Source: P.A. 101-505, eff. 1-1-20.)
|
625 ILCS 5/3-603
(625 ILCS 5/3-603) (from Ch. 95 1/2, par. 3-603)
Sec. 3-603. Application for drive-away permits.
(a) A dealer who has sold a vehicle of a type otherwise required to
be registered under this Act to a nonresident of this State who does not
have currently valid registration in his home state, may provide
for the operation of such vehicle without registration from the place of
sale to the place of destination outside of the State of Illinois, by issuing
a
drive-away permit in the manner prescribed by the Secretary of State and by
affixing the permit to
such vehicle in the manner prescribed by the Secretary of State. Any vehicle
being operated pursuant to a drive-away permit may not
be used for
any other purpose and such permits shall be effective only for a period
of 30 days from the date of sale.
(b) Any dealer may make application to the Secretary of State upon
the appropriate form for drive-away permits for motor
vehicles sold
by such dealer. Along with such application each applicant shall submit
proof of his status as a bona fide dealer and any other information as
may be required by the Secretary of State. A non-resident who has
purchased a motor vehicle from a person who is not a dealer, may
likewise apply to the Secretary of State for a drive-away permit
for display upon such vehicle while being driven from Illinois to the
State of residence of the applicant. Along with such application, the
applicant shall submit proof of his non-residence and eligibility for a
reciprocal exemption from registration in Illinois.
All drive-away permits issued under such application
shall bear
a distinguishing number and such other features as may be required by
the Secretary of State.
(Source: P.A. 96-1035, eff. 7-14-10.)
|
625 ILCS 5/3-604
(625 ILCS 5/3-604) (from Ch. 95 1/2, par. 3-604)
Sec. 3-604. Expiration of special plates. Every special plate issued,
except those issued for dealers, manufacturers and transporters under
Section 3-602 and persons with disabilities under Section
3-609 or 3-616, or deaf or hard of
hearing under Section 3-616 of this Code, may be issued for a 2
year period beginning January 1st of each odd-numbered year and ending
December 31st of the subsequent even-numbered year. The special plates issued
to a person with
disabilities or a person who is deaf or hard of hearing shall expire according
to the multi-year procedure as established
by Section 3-414 of this Code.
Special plates issued to members of the General Assembly under Section
3-606 shall expire at midnight on the 31st day of January in odd-numbered
years.
(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
|
625 ILCS 5/3-605
(625 ILCS 5/3-605) (from Ch. 95 1/2, par. 3-605)
Sec. 3-605.
Manufacturers, engine and driveline component manufacturers,
transporters,
repossessors and dealers to maintain records. Every manufacturer, engine and
driveline component manufacturer,
repossessor, transporter or dealer shall keep a written record of the
persons to whom such drive-away permits or special
plates are
assigned, which record shall be open to inspection by any public officer or
any employee of the Secretary of State.
(Source: P.A. 92-680, eff. 7-16-02.)
|
625 ILCS 5/3-606
(625 ILCS 5/3-606) (from Ch. 95 1/2, par. 3-606)
Sec. 3-606.
Members of General Assembly.
Upon receipt of a request of a
member of the General Assembly, accompanied by the appropriate application and
fee, the Secretary of State shall issue to the member 2 plates as described in
this Section. If the member so requests, the Secretary shall issue 2 identical
sets of such registration plates for use on 2 different motor vehicles. A
member may request that the Secretary of State issue registration plates in the
name of a corporation when the corporation owns or leases the vehicle to be
registered and the member is an officer or director of that corporation. Such
registration plates shall be issued for a 2-year period beginning January 1 of
each odd-numbered year and ending December 31 of the subsequent even-numbered
year. If the application is from a member of the Senate, there shall
appear on the rear plate, in addition to the designation of the State and the
year for which the license was issued, the word "official" and appropriate
wording or abbreviation indicating that the holder is a member of the
Senate, followed by the number of the senatorial district of the member.
On the front plate, there shall appear appropriate wording or abbreviation
indicating that the holder is a member of the Senate. If
the application is from a member of the House of Representatives, there
shall appear on the rear plate, in addition to the designation of the State and
the year for which the license was issued, the word "official" and
appropriate wording or abbreviation indicating that the holder is a member
of the House of Representatives, followed by the number assigned to the
member. On the front plate, there shall appear appropriate wording or
abbreviation indicating that the holder is a member of the House of
Representatives. Numbers 1 through 118 shall be assigned and members with the
longest length of service as members of the legislature shall be given the
lower numbers.
When members have an equal length of service, the lower numbers shall be
given in alphabetical order based on surnames.
(Source: P.A. 88-661, eff. 9-16-94.)
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625 ILCS 5/3-606.1
(625 ILCS 5/3-606.1) (from Ch. 95 1/2, par. 3-606.1)
Sec. 3-606.1. Retired members of the General Assembly. Upon receipt
of a request from a retired member of the General Assembly, accompanied
by the appropriate application and fee, the Secretary of State shall issue
to such retired member plates bearing appropriate wording or abbreviations
indicating that the holder is a retired member of the General Assembly.
Such plates may be issued for a 2 year period beginning January 1st of
each odd-numbered year and ending December 31st of the subsequent even-numbered year. Upon the death of a retired member who has been issued a retired member of the General Assembly plate, that member's surviving spouse shall be entitled to retain the plate so long as the surviving spouse is a resident of Illinois and transfers the registration to his or her name within 90 days of the death of the retired member.
"Retired member" means any individual who (a) has served
as a member of the General Assembly for a minimum of 6 years, or (b) is 62
or older, has served as a member of the General Assembly for a minimum of 4
years, and retired prior to the convening of the 83rd General Assembly.
The fees and procedures relating to such plates for retired members of
the General Assembly shall be the same as the fees and procedures applicable
to personalized plates issued under this Code.
(Source: P.A. 98-223, eff. 8-9-13.)
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625 ILCS 5/3-606.5 (625 ILCS 5/3-606.5) Sec. 3-606.5. Retired Executive Branch Constitutional Officers. Upon receipt of a request from a retired executive branch constitutional officer, accompanied by the appropriate application and fee, the Secretary of State shall issue to the retired executive branch constitutional officer plates bearing appropriate wording or abbreviations indicating that the holder is a retired executive branch constitutional officer and the office held. Such plates may be issued for a 2-year period beginning on January 1 of each odd-numbered year and ending on December 31 of the subsequent even-numbered year. Upon the death of a retired executive branch constitutional officer who has been issued a retired executive branch constitutional officer plate, the retired executive branch constitutional officer's surviving spouse shall be entitled to retain the plate so long as the surviving spouse is a resident of Illinois and transfers the registration to his or her name within 90 days of the death of the retired executive branch constitutional officer.
For purposes of this Section, "retired executive branch constitutional officer" means any individual who has served at least one full term of office as (i) Governor; (ii) Lieutenant Governor; (iii) Attorney General; (iv) Secretary of State; (v) Comptroller; or (vi) Treasurer; and who was not removed from office pursuant to Section 14 of Article IV of the Illinois Constitution of 1970.
(Source: P.A. 102-1103, eff. 12-6-22.) |
625 ILCS 5/3-607
(625 ILCS 5/3-607) (from Ch. 95 1/2, par. 3-607)
Sec. 3-607. Amateur radio operators. Amateur radio operators may obtain the
issuance of registration plates or digital registration plates for motor vehicles of the first division, and
second division motor vehicles under 8,000 pounds, corresponding to their call
letters, provided they make application therefor, which is subject to the
staggered registration system, prior to October 1st of the final year of the
current registration plate or digital registration plate term and pay an additional fee of $4.
(Source: P.A. 101-395, eff. 8-16-19.)
|
625 ILCS 5/3-609
(625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)
Sec. 3-609. Plates for veterans with disabilities. (a) Any veteran who holds proof of a service-connected disability from the United States Department of Veterans Affairs, and who has obtained certification from a licensed physician, physician assistant, or advanced practice registered nurse that the service-connected disability qualifies the veteran for issuance of registration plates or digital registration plates or decals to a person with disabilities in accordance with Section 3-616, may, without the payment of any registration fee, make application to the Secretary of State for license plates for veterans with disabilities displaying the international symbol of access, for the registration of one motor vehicle of the first division, one motorcycle, or one motor vehicle of the second division weighing not more than 8,000 pounds. (b) Any veteran who holds proof of a service-connected disability from the United States Department of Veterans Affairs, and whose degree of disability has been declared to be 50% or more, but whose disability does not qualify the veteran for a plate or decal for persons with disabilities under Section 3-616, may, without the payment of any registration fee, make application to the Secretary for a special registration plate or digital registration plate without the international symbol of access for the registration of one motor vehicle of the first division, one motorcycle, or one motor vehicle of the second division weighing not more than 8,000 pounds.
(c) Renewal of such registration must be accompanied with documentation
for eligibility of registration without fee unless the applicant has a
permanent qualifying disability, and such registration plates or digital registration plates may not be
issued to any person not eligible therefor. The Illinois Department of Veterans' Affairs may assist in providing the
documentation of disability.
(d) The design and color of the plates shall be within the discretion of the Secretary, except that the plates issued under subsection (b) of this Section shall not contain the international symbol of access. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. Registration shall be for a multi-year period and may be issued staggered registration. (e) Any person eligible to receive license plates under this Section who has been approved for benefits under the Senior Citizens and Persons with Disabilities Property Tax Relief Act, or who has claimed and received a grant under that Act, shall pay a fee of $24 instead of the fee otherwise provided in this Code for passenger cars displaying standard multi-year registration plates or digital registration plates issued under Section 3-414.1, for motor vehicles registered at 8,000 pounds or less under Section 3-815(a), or for recreational vehicles registered at 8,000 pounds or less under Section 3-815(b), for a second set of plates under this Section.
(f) With respect to the supporting documentation required
to obtain a plate under this Section, the Secretary shall
allow an applicant to redact information on the documentation
that pertains to the nature of the applicant's health issue, unless that information is necessary to confirm that the applicant's disability is service-connected or to establish the degree of the applicant's service-connected disability. (Source: P.A. 101-395, eff. 8-16-19; 101-536, eff. 1-1-20; 102-273, eff. 8-6-21; 102-558, eff. 8-20-21.)
|
625 ILCS 5/3-609.01
(625 ILCS 5/3-609.01)
Sec. 3-609.01. (Repealed).
(Source: P.A. 95-167, eff. 1-1-08. Repealed by P.A. 96-79, eff. 1-1-10.)
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625 ILCS 5/3-609.1
(625 ILCS 5/3-609.1) (from Ch. 95 1/2, par. 3-609.1)
Sec. 3-609.1. Medal of Honor plates. Any resident of
the State of Illinois who has been awarded the Medal of Honor, or an Illinois resident who is the surviving spouse of a person who was awarded the Medal of Honor,
may make application for the registration of a motor vehicle owned solely
or in part by such recipient, to the Secretary of State without the payment
of any registration fee. Registration shall be for a multi-year period
effective from issuance. The Secretary of State shall furnish at his or her office
at no cost to such Medal of Honor recipients, plates bearing
up to 3 letters designating the recipient's initials followed by the letters M O H
signifying the Medal of Honor. The plate shall be suitable
for attachment to a motor vehicle or motorcycle registered under
this Code.
(Source: P.A. 101-262, eff. 1-1-20.)
|
625 ILCS 5/3-609.3 (625 ILCS 5/3-609.3) Sec. 3-609.3. Military series registration plates for veterans with disabilities. In lieu of receiving registration plates without the payment of a fee under Section 3-609, any veteran who holds proof of a 50% or greater service-connected disability from the United States Department of Veterans Affairs may apply for a military series registration plate in the manner prescribed by the Secretary of State. Upon the veteran showing proof of the disability, a military series registration plate may be issued to the veteran without fee for the registration of one motor vehicle of the first division or one motor vehicle of the second division weighing not more than 8,000 pounds.
(Source: P.A. 101-262, eff. 1-1-20.) |
625 ILCS 5/3-610
(625 ILCS 5/3-610) (from Ch. 95 1/2, par. 3-610)
Sec. 3-610. Members of Congress. Upon receiving an application for a certificate of registration for a
motor vehicle from a member of the Congress of the United States from
Illinois, accompanied with payments of the registration fees and taxes
required under this Act, the Secretary of State instead of issuing to such
member number plates as hereinabove provided, shall, if such member so
requests, issue to him two number plates as described in this Section. Two duplicate
sets of these number plates may be issued if requested and may be used on 2 different
motor vehicles. There shall appear, in addition
to the designation of the State and the year for which such license was
issued, if he is a member of the House of Representatives, the number of
the congressional district of such member in the center of the plate
followed in the next line by the words "U. S. Congressperson"; if he is the
senior Senator from Illinois, the number 1 shall be in the center of the
plate followed in the next line by the word "Senator"; and if he is the
junior Senator, the number 2 shall be in the center of the plate followed
in the next line by the word "Senator".
Such plates may be issued for a 2 year period beginning January 1st
of each odd-numbered year and ending December 31st of the subsequent
even-numbered years.
(Source: P.A. 102-15, eff. 6-17-21.)
|
625 ILCS 5/3-610.1
(625 ILCS 5/3-610.1)
Sec. 3-610.1.
Retired members of the Illinois congressional delegation.
Upon receipt of a request from a retired member of the Illinois congressional
delegation, accompanied by the appropriate application and fee, the Secretary
of State shall issue to the retired member special registration plates
bearing appropriate wording
or abbreviations indicating that the holder is a retired member of the Illinois
congressional delegation. The plates may be issued for a 2 year period
beginning January 1st of each odd-numbered year and ending December 31st of the
subsequent even-numbered year.
An applicant shall be charged a $15 fee for original issuance in addition to
the applicable registration fee. This additional fee shall be deposited into
the Secretary of State Special License Plate Fund. For each
registration renewal period, a $2 fee, in addition to the appropriate
registration fee, shall be charged and shall be deposited into the Retired
Members of the Illinois Congressional Delegation Fund.
"Retired member of the Illinois congressional delegation" means any
individual who has served as a member of the U.S. Senate or U.S. House of
Representatives representing the State of Illinois. The term does not include
an individual who is serving in the U.S. Senate or U.S. House of
Representatives.
(Source: P.A. 88-685, eff. 1-24-95; 89-282, eff. 8-10-95.)
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625 ILCS 5/3-611
(625 ILCS 5/3-611) (from Ch. 95 1/2, par. 3-611)
Sec. 3-611. Special designations. The Secretary of State, in his
discretion, may make special designations of certain designs or
combinations of designs, or alphabetical letters or combination of
letters, or colors or combination of colors pertaining to registration
plates issued to vehicles owned by governmental agencies, vehicles owned
and registered by State and federal elected officials, retired Illinois Supreme
Court justices, and appointed federal cabinet officials, vehicles operated
by taxi or livery businesses, operated in connection with mileage weight
registrations, or operated by a dealer, transporter, or manufacturer as
the Secretary of State may deem necessary for the proper administration
of this Code. In the case of registration plates issued for vehicles
operated by or for persons with disabilities, as defined by Section
1-159.1, under Section 3-616 of this Code, the Secretary of State, upon
request, shall make such special designations so that automobiles bearing
such plates are easily recognizable through use of the international
accessibility symbol as automobiles driven by or for such persons.
In the case of registration plates issued for vehicles operated by a
person with a disability with a type four hearing disability, as defined pursuant to
Section 4A of the Illinois Identification Card Act, the Secretary of State,
upon request, shall make such special designations so that a motor vehicle
bearing such plate is easily recognizable by a special symbol indicating
that such vehicle is driven by a person with a hearing disability.
Registration plates issued to a person who is deaf or hard of
hearing under this Section shall
not entitle a motor vehicle bearing such plates to those parking privileges
established for persons with disabilities under this
Code. In the case of registration
plates issued for State-owned vehicles, they shall be manufactured in
compliance with Section 2 of the State Vehicle Identification Act. In the
case of plates issued for State officials, such plates may be issued for a 2-year
period beginning January 1st of each odd-numbered year and ending
December 31st of the subsequent even-numbered year.
(Source: P.A. 99-143, eff. 7-27-15; 100-863, eff. 8-14-18.)
|
625 ILCS 5/3-611.5 (625 ILCS 5/3-611.5) Sec. 3-611.5. Fire Chief license plates. (a) The Secretary, upon receipt of a request from a municipality or fire protection district that operates a fire department, accompanied by an application and the appropriate fee, may issue, to a fire chief, deputy fire chief, and assistant fire chief of each municipal fire department or fire protection district, special registration plates designated as Fire Chief license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division or motor vehicles of the second division weighing not more than 8,000 pounds, owned by the fire department or the fire chief, deputy fire chief, or assistant fire chief of the fire department. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the special plates shall be wholly within the discretion of the Secretary. The plates are not required to designate "Land of Lincoln" as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary may prescribe rules governing the requirements and approval of the special plates. The fee for this plate for a vehicle owned by the fire chief, deputy fire chief, or assistant fire chief shall be the same as the fee prescribed for first division vehicles in Section 3-806 of this Code.
Permanent license plates for fire chief, deputy fire chief, or assistant fire chief vehicles owned by a municipal fire department or fire protection district shall be issued at the fee prescribed in Section 3-808.1(b).
(c) Any fire chief, deputy fire chief, or assistant fire chief operating warning devices as described in paragraph 2.1 of subsection (a) of Section 12-215 or subsection (b) of Section 12-601 upon a vehicle not owned by a municipality or fire protection district shall display license plates as described in this Section. (d) With the exception of permanently issued license plates, upon the resignation, termination, or reassignment to a rank other than fire chief, deputy fire chief, or assistant fire chief, a person issued plates under this Section shall immediately surrender the license plate to the Secretary of State. The Secretary of State shall have the ability to recover license plates issued under this Section.(Source: P.A. 102-448, eff. 1-1-22.) |
625 ILCS 5/3-612
(625 ILCS 5/3-612) (from Ch. 95 1/2, par. 3-612)
Sec. 3-612.
Repossessor plates.
The Secretary, upon receipt of an application, made on the form
prescribed by the Secretary of State may issue to financial institutions,
to lending institutions and to persons engaged in the business of
repossessing motor vehicles for others in situations where the motor
vehicle is the security for the funds, special plates which may be used by
such financial institutions, lending institutions and repossessors solely
for the purpose of operating the motor vehicles which are repossessed by
such repossessors upon a default in the contract.
Said special plates shall, in addition to the legends provided in
Section 3-412 of this Act, contain a phrase "repossessor" and such other
letters or numbers as the Secretary of State may prescribe. If an applicant
for such plates is engaged in repossessing vehicles for other persons and
does not hold a certificate, registration or permit from the Illinois
Commerce Commission to conduct such an operation, the application shall be
denied.
(Source: P.A. 76-1586.)
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625 ILCS 5/3-613
(625 ILCS 5/3-613) (from Ch. 95 1/2, par. 3-613)
Sec. 3-613.
Special inaugural license plate.
Any resident of Illinois, being a member of the Official Presidential
Inaugural Committee, may, during the period from January through February
15th of any year in which the President of the United States is being
inaugurated, display a special inaugural license plate furnished by such
person in lieu of the current and valid Illinois license plate issued to a
motor vehicle of the first division owned by such person, provided that the
official inaugural credentials or a valid certificate thereof acceptable to
the Secretary of State and the valid and current Illinois license plates
and registration card issued to such motor vehicle are simultaneously
carried within such vehicle and available for inspection.
(Source: P.A. 76-1586.)
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625 ILCS 5/3-614
(625 ILCS 5/3-614) (from Ch. 95 1/2, par. 3-614)
Sec. 3-614.
Manufacturers of engine and driveline components.
The Secretary, upon receipt of an application made on the form
prescribed by the Secretary of State, may issue to manufacturers of engine
and driveline components special plates which may be used by such
manufacturers solely for the purpose of operating motor vehicles of the
second division to test engine and driveline components installed in such
vehicles.
(Source: P.A. 85-1396.)
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625 ILCS 5/3-615
(625 ILCS 5/3-615) (from Ch. 95 1/2, par. 3-615)
Sec. 3-615.
Honorary Consular License Plate.
The Secretary, upon
receipt of an application made on the form prescribed by the Secretary of
State, may issue Illinois Honorary Consular license plates to any person who
is a non-resident and an official or employee of the Coordination Council for
North American Affairs as recognized in the Taiwan Relation Act, Public Law
96-8, and serving that instrumentality and temporarily residing in this
State. In addition, these plates may be issued to United States nationals
or permanent residents who are appointed Honorary Consular officers and
confirmed by the Federal Department of State.
Such registration plates may be issued for a 2 year period beginning
January 1 of each odd-numbered year and ending December 31 of the
subsequent even-numbered year. Applicants shall verify their status as
Honorary Consular or Taiwanese representatives on forms provided by the
Department of State.
In the event any holder of such registration plates or card leaves this
State or no longer serves as an Honorary Consular or Taiwanese official
or employee, the registration plates and card issued to such persons shall
terminate and the owner shall remove such plates from the vehicle so
registered and return them and the registration card to the Secretary of
State. Such plates may not be transferred to any other person by the
holder or owner.
(Source: P.A. 85-992.)
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625 ILCS 5/3-616
(625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
Sec. 3-616. Disability license plates.
(a) Upon receiving an application for a certificate of registration for
a motor vehicle of the first division or for a motor vehicle of the second
division weighing no more than 8,000 pounds, accompanied with payment of the
registration fees required under this Code from a person with disabilities or
a person who is deaf or hard of hearing, the Secretary of State,
if so requested, shall issue to such person registration plates as provided for
in Section 3-611, provided that the person with disabilities or person who is
deaf or hard of hearing must not be disqualified from obtaining a driver's
license under subsection 8 of Section 6-103 of this Code, and further provided
that any person making such a request must submit a statement, certified by
a
licensed physician, by a licensed physician assistant, or by a licensed
advanced practice registered nurse, to
the effect that such person is a person with disabilities
as defined by Section 1-159.1 of this Code, or alternatively provide adequate
documentation that such person has a Class 1A, Class 2A or Type Four
disability under the provisions of Section 4A of the Illinois Identification
Card Act. For purposes of this Section, an Illinois Person
with a Disability Identification Card issued pursuant to the Illinois Identification Card Act
indicating that the person thereon named has a disability shall be adequate
documentation of such a disability.
(b) The Secretary shall issue plates under this Section to a parent or
legal guardian of a person with disabilities if the person with disabilities
has a Class 1A or Class 2A disability as defined in Section 4A of the Illinois
Identification Card Act or is a person with disabilities as defined by Section
1-159.1 of this Code, and does not possess a vehicle registered in his or her
name, provided that the person with disabilities relies frequently on the
parent or legal guardian for transportation. Only one vehicle per family
may be registered under this subsection, unless the applicant can justify in
writing the need for one additional set of plates. Any person requesting
special plates under this subsection shall submit such documentation or such
physician's, physician assistant's, or advanced practice registered nurse's
statement as is required in subsection
(a) and a statement
describing the circumstances qualifying for issuance of special plates under
this subsection. An optometrist may certify a Class 2A Visual Disability, as defined in Section 4A of the Illinois Identification Card Act, for the purpose of qualifying a person with disabilities for special plates under this subsection.
(c) The Secretary may issue a
parking decal or
device to a person with disabilities as defined by Section 1-159.1 without
regard to qualification of such person with disabilities for a driver's license
or registration of a vehicle by such person with disabilities or such person's
immediate family, provided such person with disabilities making such a request
has been issued an Illinois Person with a Disability Identification Card indicating that the
person named thereon has a Class 1A or Class 2A disability, or alternatively,
submits a statement certified by a licensed physician, or by a licensed physician
assistant or a licensed advanced practice registered nurse as provided in subsection (a), to
the effect that such
person is a person with disabilities as defined by Section 1-159.1. An optometrist may certify a Class 2A Visual Disability as defined in Section 4A of the Illinois Identification Card Act for the purpose of qualifying a person with disabilities for a parking decal or device under this subsection.
(d) The Secretary shall prescribe by rules and regulations procedures
to certify or re-certify as necessary the eligibility of persons whose
disabilities are other than permanent for special plates or
parking decals or devices issued under subsections (a), (b)
and (c). Except as provided under subsection (f) of this Section, no
such special plates, decals or devices shall be issued by the Secretary of
State to or on behalf of any person with disabilities unless such person is
certified as meeting the definition of a person with disabilities pursuant to
Section 1-159.1 or meeting the requirement of a Type Four disability as
provided under Section 4A of the Illinois Identification Card Act for the
period of time that the physician, or the physician assistant or advanced
practice registered nurse as provided in
subsection (a), determines the applicant will have the
disability, but not to exceed 6 months from the date of certification or
recertification.
(e) Any person requesting special plates under this Section may also apply
to have the special plates personalized, as provided under Section 3-405.1.
(f) The Secretary of State, upon application, shall issue disability registration plates or a parking decal to
corporations, school districts, State or municipal agencies, limited liability
companies, nursing homes, convalescent homes, or special education cooperatives
which will transport persons with disabilities. The Secretary shall prescribe
by rule a means to certify or re-certify the eligibility of organizations to
receive disability plates or decals and to designate which of the
2 person with disabilities emblems shall be placed on qualifying
vehicles.
(g) The Secretary of State, or his designee, may enter into
agreements with other jurisdictions, including foreign jurisdictions, on
behalf of this State relating to the extension of parking privileges by
such jurisdictions to residents of this State with disabilities who
display a special license plate or parking device that contains the
International symbol of access on his or her motor vehicle, and to
recognize such plates or devices issued by such other jurisdictions. This
State shall grant the same parking privileges which are granted to
residents of this State with disabilities to any non-resident whose motor vehicle is licensed
in another state, district, territory or foreign country if such vehicle
displays the international symbol of access or a distinguishing insignia on
license plates or parking device issued in accordance with the laws of the
non-resident's state, district, territory or foreign country.
(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15; 99-642, eff. 7-28-16; 100-513, eff. 1-1-18.)
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625 ILCS 5/3-617
(625 ILCS 5/3-617) (from Ch. 95 1/2, par. 3-617)
Sec. 3-617.
Driver education plates.
A High School operating passenger cars for a high school driver
training program, may operate or move the same upon the highway without
registering each such passenger car upon the condition that each such
passenger car display thereon, in the manner prescribed by Section
3-413, special plates issued to the high school under the provisions of
Section 3-808.
Such special plates may be issued only to a public high school or a
high school operated by a religious institution, and may be used only on
passenger cars used exclusively in high school driver training program
approved by the State Board of Education.
(Source: P.A. 81-1508.)
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625 ILCS 5/3-618
(625 ILCS 5/3-618) (from Ch. 95 1/2, par. 3-618)
Sec. 3-618.
Charitable vehicle plates.
Charitable vehicle plates shall
be of such color and design as prescribed by the Secretary. The fee for
such plates shall be as prescribed in Section 3-808 of this Code. Such plates
may be obtained by owners of charitable vehicles.
(Source: P.A. 90-89, eff. 1-1-98.)
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625 ILCS 5/3-619
(625 ILCS 5/3-619) (from Ch. 95 1/2, par. 3-619)
Sec. 3-619.
Sample Registration plates and stickers.
The Secretary
of State, upon receipt of an application made on the form prescribed by
the Secretary, may issue to any law enforcement agency in this State, or
to any authorized agency of any foreign jurisdiction, or to any motion
picture or television industry, one or more Sample
Registration Plates and stickers. The design of such plates and
stickers shall be wholly within the discretion of the Secretary, and
shall be issued without charge. The Secretary of State, upon receipt of
an application made on the form prescribed by the Secretary, may issue to
any other individual one or more Sample Registration Plates and stickers
for a fee of $4 for each Sample Registration Plate and sticker.
(Source: P.A. 91-37, eff. 7-1-99.)
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625 ILCS 5/3-620
(625 ILCS 5/3-620) (from Ch. 95 1/2, par. 3-620)
Sec. 3-620. The Secretary, upon receipt of an application made on the
form prescribed by the Secretary of State, may issue special registration
plates to United States citizens, who are present or former
members of the United States armed forces or any of its allies, and
who were prisoners of war of World War I, World War II, the
Korean Conflict, and the Vietnamese conflict,
or to the widowed spouse of a former member of the United States armed
forces, providing that widowed spouse was married to the POW at the time
of death, and is a single person at the time of application. The special
plates issued pursuant to this Section shall be affixed only to passenger
vehicles of the first division subject to the
staggered registration
system, motorcycles, and vehicles of the second division having a gross
weight of 8,000
pounds or less and shall be issued
without charge. Only one set of plates may be issued at no fee.
The design and color of the prisoner of war plates shall be wholly within
the discretion of the Secretary of State. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code.
(Source: P.A. 95-353, eff. 1-1-08.)
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625 ILCS 5/3-621
(625 ILCS 5/3-621) (from Ch. 95 1/2, par. 3-621)
Sec. 3-621. The Secretary, upon receipt of an application, made in the
form prescribed by the Secretary of State, may issue to Illinois residents who are current members, former members, or surviving spouses of former
members of the Illinois
National Guard, or the National Guard of any other State, the Commonwealth of Puerto Rico, or Washington, D.C., special registration plates. The special
plates issued
pursuant to this Section shall be affixed only to passenger vehicles of
the first division, motorcycles, or motor vehicles of the second division
weighing not
more than 8,000 pounds subject to the staggered registration system.
The design and color of such plates shall be wholly within the discretion of
the Secretary of State. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code.
(Source: P.A. 101-262, eff. 1-1-20.)
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625 ILCS 5/3-622
(625 ILCS 5/3-622) (from Ch. 95 1/2, par. 3-622)
Sec. 3-622. The Secretary, upon receipt of an application made in the
form prescribed by the Secretary of State, may issue to
members of the
United States Armed Forces Reserves who reside in Illinois, and to Illinois
residents who are either former members of the United States Armed Forces
Reserves or the surviving spouses of United States Armed Forces Reserve
members who resided in Illinois, special
registration plates. The special plates issued pursuant to this Section
shall be affixed only to passenger vehicles of the first division, motorcycles,
or
motor vehicles of the second division weighing not more than 8,000 pounds
subject
to the staggered registration system. The design and color of such plates
shall be wholly within the discretion of the Secretary of State. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code.
(Source: P.A. 95-331, eff. 8-21-07; 95-353, eff. 1-1-08.)
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625 ILCS 5/3-623
(625 ILCS 5/3-623) (from Ch. 95 1/2, par. 3-623)
Sec. 3-623. Purple Heart Plates. (a) The Secretary, upon receipt of an
application made in the form prescribed by the Secretary of State, may
issue to recipients awarded the Purple Heart by a branch of the armed
forces of the United States who reside in Illinois,
special
registration plates. The Secretary, upon receipt of the proper application, may also issue these special registration plates to an Illinois resident who is the surviving spouse of a person who was awarded the Purple Heart by a branch of the armed forces of the United States. The special plates issued pursuant to this Section
should be affixed only to passenger vehicles of the 1st division, including
motorcycles, or motor
vehicles of the 2nd division weighing not more than 8,000 pounds. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code.
The Secretary of State must make a version of the special registration plates authorized under this Section in a form appropriate for motorcycles.
(b) The design and color of such plates shall be wholly within the discretion
of the Secretary of State. Appropriate documentation, as determined by the
Secretary, and the appropriate registration fee shall
accompany the application, except: (1) a person eligible to be issued Purple Heart | | plates may display the plates on one vehicle without the payment of any registration or registration renewal fee; and
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| (2) for an individual who has been issued Purple
| | Heart plates for an additional vehicle and who has been approved for benefits under the Senior Citizens and Persons with Disabilities Property Tax Relief Act, the annual fee for the registration of the vehicle shall be as provided in Section 3-806.3 of this Code.
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(Source: P.A. 98-902, eff. 1-1-15; 99-143, eff. 7-27-15.)
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625 ILCS 5/3-624
(625 ILCS 5/3-624) (from Ch. 95 1/2, par. 3-624)
Sec. 3-624. Retired Military license plates. (a) The Secretary, upon receipt of an application made in the
form prescribed by the Secretary of State, may issue to retired members of
the United States Armed Forces who reside in Illinois, special
registration plates. The special plates issued pursuant to this Section
shall be affixed only to passenger vehicles of the first
division, motorcycles, or
motor vehicles of the second division weighing not more than 8,000 pounds
and subject to the staggered registration system. The design and color of
such plates shall be wholly within the discretion of the Secretary of State. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code.
(b) A charitable organization deemed eligible by the Secretary of State shall design decals to be affixed on plates issued under this Section. The decals shall designate the applicant's branch of service, theater of action, or both. The Secretary may prescribe rules governing the requirements and approval of
charitable decals. (c) The charitable organization authorized to design decals under subsection (b) of this Section may establish a fee for the purchase of
charitable decals and shall report by July 31 of each year to the
Secretary of State Vehicle Services Department the sticker fee, the number of
charitable decals sold, the total revenue received from the sale of charitable
decals during the previous fiscal year, and any other information deemed
necessary by the Secretary of State.(Source: P.A. 97-940, eff. 1-1-13.)
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625 ILCS 5/3-625
(625 ILCS 5/3-625) (from Ch. 95 1/2, par. 3-625)
Sec. 3-625. Pearl Harbor Plates. The Secretary, upon receipt of an
application made in the form prescribed by the Secretary of State, may
issue special registration plates to any Illinois resident who, while a
member of the armed forces of the United States, participated in the battle
of Pearl Harbor on December 7, 1941, or to the widowed spouse of any Illinois
resident who, while a member of the armed forces of the United States,
participated in the battle of Pearl Harbor on December 7, 1941, provided that
the widowed spouse was married to the battle of Pearl Harbor participant at the
time of the participant's death and is a single person at the time of
application. The special plates issued pursuant to
this Section should be affixed only to passenger vehicles of the 1st
division, motorcycles, or motor vehicles of the 2nd division weighing not more
than
8,000 pounds. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code.
The design and color of such plates shall be wholly within the
discretion of the Secretary of State. Appropriate documentation, as
determined by the Secretary, and the appropriate registration
fee shall accompany the application.
(Source: P.A. 95-331, eff. 8-21-07; 95-353, eff. 1-1-08.)
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625 ILCS 5/3-626
(625 ILCS 5/3-626)
Sec. 3-626. Korean War Veteran license plates.
(a) In addition to any other special license plate, the Secretary, upon
receipt of all applicable fees and applications made in the form prescribed by
the Secretary of State, may issue special registration plates designated as
Korean War Veteran license plates to
residents of Illinois who participated in the United States Armed Forces during
the Korean War. The special plate issued under this Section shall be affixed
only to passenger vehicles of the first division, motorcycles,
motor vehicles of the second
division weighing not more than 8,000 pounds, and recreational vehicles as
defined by Section 1-169 of this Code. Plates issued under this Section shall
expire according to the staggered multi-year procedure established by Section
3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity plates or personalized
in accordance with Section 3-405.1 of this Code. The plates are not required
to designate "Land Of Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary shall prescribe the eligibility requirements
and, in his or her discretion, shall approve and prescribe stickers or decals
as provided under Section 3-412.
(c) (Blank).
(d) The Korean War Memorial Construction Fund is created as a special fund
in the State treasury. All moneys in the Korean War Memorial Construction Fund
shall, subject to appropriation, be used by the Department of Veterans' Affairs
to provide grants for construction of the Korean War Memorial to be located at
Oak Ridge Cemetery in Springfield, Illinois. Upon the completion of the
Memorial, the Department of Veterans' Affairs shall certify to the State
Treasurer that the construction of the Memorial has been completed. Upon the
certification by the Department of Veterans' Affairs, the State Treasurer shall
transfer all moneys in the Fund and any future deposits into the Fund into the
Secretary of State Special License Plate
Fund.
(e) An individual who has been issued Korean War Veteran license plates
for a vehicle
and who has been approved for benefits under the Senior Citizens and Persons with Disabilities Property Tax Relief Act shall pay
the original issuance and the regular annual fee for the registration of the
vehicle as provided in Section 3-806.3 of this Code.
(Source: P.A. 99-127, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16; 100-143, eff. 1-1-18.)
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625 ILCS 5/3-627
(625 ILCS 5/3-627)
Sec. 3-627.
Environmental License Plate.
(a) The Secretary, upon receipt of an application made in the form
prescribed by the Secretary of State, may issue special registration plates
designated to be environmental license plates. The special plates issued under
this Section shall be affixed only to passenger vehicles of the first
division, motor vehicles of the second division weighing not more than 8,000
pounds, and, as of January 1, 1996, recreational vehicles as defined by
Section 1-169 of this Code.
Plates issued under this Section shall expire according to the multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design and color of the plates shall be wholly within the discretion
of the Secretary of State. Appropriate documentation, as determined by the
Secretary, shall accompany the application.
As of January 1, 1996, the Secretary may, in his or her discretion, allow the
plates to be issued as
vanity or personalized plates in accordance with Section 3-405.1 of this
Code.
(c) An applicant shall be charged a $40 fee for original issuance in
addition to the appropriate registration fee, if applicable. Of this fee, $25
shall be deposited into the State Parks Fund and $15 shall be
deposited into the Secretary of State Special License
Plate Fund, to be used by the
Secretary of State to help defray the administrative processing
costs. For each registration renewal period, a $27 fee, in addition to the
appropriate registration fee, shall be charged. Of this fee, $25 shall be
deposited into the State Parks Fund and $2 shall be deposited into
the Secretary of State Special License Plate Fund.
(Source: P.A. 88-333; 88-670, eff. 12-2-94; 89-282, eff. 8-10-95.)
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625 ILCS 5/3-628
(625 ILCS 5/3-628)
Sec. 3-628. Bronze Star plates.
(a) Beginning January 1, 1996, in addition to any other special license
plate, the Secretary, upon receipt of all applicable fees and applications made
in the form prescribed by the Secretary of State, may issue special
registration plates to residents of Illinois who have been awarded the Bronze
Star by the United States Armed Forces. The Secretary, upon receipt of the proper applications and fees, may also issue these special registration plates to an Illinois resident who is the surviving spouse of a person who was awarded the Bronze Star by a branch of the armed forces of the United States. The special plate issued under this
Section shall be affixed only to passenger vehicles of the first
division, motorcycles, or
motor vehicles of the second division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the staggered
multi-year procedure established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity plates or personalized
in accordance with Section 3-405.1 of this Code. The plates are not required
to designate "Land Of Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary shall prescribe the eligibility requirements
and, in his or her discretion, shall approve and prescribe stickers or decals
as provided under Section 3-412.
(c) (Blank).
(Source: P.A. 93-140, eff. 1-1-04; 93-937, eff. 1-1-05; 94-343, eff. 1-1-06.)
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625 ILCS 5/3-629
(625 ILCS 5/3-629)
Sec. 3-629. Collegiate license plates; scholarship fund.
(a) In addition to any other special license plate,
the Secretary, upon receipt of all
applicable fees and applications made in the form prescribed by the
Secretary of State, may issue collegiate license plates.
The collegiate plates issued under this
Section shall be affixed only to passenger vehicles of the first division and
motor vehicles of the second division weighing not more than 8,000 pounds and
subject to the
staggered registration system. Plates issued under this Section shall
expire according to the staggered
multi-year procedure established under Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary of State may,
at his or her discretion, issue the plates for any public college or university located in this State or for any degree-granting,
not-for-profit private college or university located in this State or a contiguous state. If the college or university is located in a contiguous state, there must be not less than 10,000 alumni of the college or university residing in this State. The
Secretary may, in his or her discretion, allow the plates to be issued as
vanity plates or personalized in accordance with Section 3-405.1 of this Code.
The plates are not required to designate "Land Of Lincoln", as prescribed in
subsection (b) of Section
3-412 of this Code. The Secretary shall prescribe the eligibility
requirements including a minimum level of specialized license plates requests
and, in his or her discretion, shall approve and prescribe stickers
or decals as provided under Section 3-412.
(c) An applicant shall be charged a $40 fee for original issuance
in addition to the applicable registration fee. Of the original issuance fee
in the case of a public university or college, $25 shall be deposited into the
State College and University Trust Fund and $15 shall be
deposited into the Secretary of State Special License Plate Fund to be used by
the Secretary of State, subject to
appropriation, to help defray the administrative costs of issuing the plate.
Of the original issuance fee in the case of a degree-granting, not-for-profit
private college or university,
$25 shall be deposited into the University Grant Fund and $15 shall be
deposited into the Secretary of State Special License Plate Fund to be used by
the Secretary of State, subject to appropriation, to help defray the
administrative cost of issuing the plate. In addition to the regular
renewal fee, an applicant shall be charged $27 for the renewal of each set of
license plates issued under this Section; $25 shall be deposited into the
State College and University Trust Fund in the case of a public university or
college or into the
University Grant Fund in the case of a degree-granting, not-for-profit private
college or university, and $2
shall be deposited into the Secretary of
State Special License Plate Fund plates for all collegiate plates.
(d) The State College and University Trust Fund is created as a special fund
in the State treasury.
The State Treasurer shall create separate accounts within the State College
and University
Trust Fund for each public university or college for which collegiate license
plates have
been issued. Moneys in the State College and University Trust Fund shall be
allocated to
each account in proportion to the number of plates sold in regard to each
public
university or college.
Moneys deposited into the State
College and University Trust Fund
during the preceding calendar year
shall be distributed, subject to appropriation, to each participating
public
university or college. This revenue shall be
used for the sole purpose of
scholarship grant awards to Illinois residents.
(e) The University Grant Fund is created as a special fund in the State
treasury. The State Treasurer shall create separate accounts within the University
Grant Fund for each university or college for which collegiate license
plates have
been issued. Moneys in the University Grant Fund shall be
allocated to
each account in proportion to the number of plates sold in regard to each
university or college.
Moneys deposited into these accounts
during the preceding calendar year
shall, subject to appropriation, be distributed through the Illinois Student Assistance Commission to participating private colleges and universities. This revenue shall be used for the sole purpose of scholarship grant awards to Illinois residents.
(Source: P.A. 95-444, eff. 8-27-07.)
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625 ILCS 5/3-630
(625 ILCS 5/3-630)
Sec. 3-630. Violence prevention license plate.
(a) The Secretary, upon receipt of an application made in the form
prescribed by the Secretary of State, may issue special registration plates
designated to be Violence Prevention plates. The special plates issued under
this Section shall be affixed only to passenger vehicles of the first division
or motor vehicles of the second division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design and color of the plates shall be wholly within the discretion
of the Secretary of State. Appropriate documentation, as determined by the
Secretary, shall accompany the application.
Beginning January 1, 1999, the Secretary may, in his or her discretion, allow
the plates to be issued as vanity plates or personalized in accordance with
Section 3-405.1 of this Code.
(c) An applicant shall be charged a $40 dollar fee for original issuance
in addition to the appropriate registration fee, if applicable. Of this fee,
$25 shall be deposited into the ICJIA Violence Prevention Fund as created by this Act
and $15 shall be deposited into the Secretary of State Special License Plate
Fund to be used by the Secretary of State to help defray the administrative
processing costs. For each registration renewal period a $27 fee, in addition
to the appropriate registration fee, shall be charged. Of this fee, $25 shall
be deposited into the ICJIA Violence Prevention Fund and $2 shall be deposited into
the Secretary of State Special License Plate Fund.
(Source: P.A. 97-1151, eff. 1-25-13.)
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625 ILCS 5/3-631
(625 ILCS 5/3-631)
Sec. 3-631.
Sportsmen Series license plate.
(a) The Secretary, upon receipt of an application made in the form
prescribed by the Secretary of State, may issue special registration plates
designated to be Sportsmen Series license plates. The special plates
issued under
this Section shall be affixed only to passenger vehicles of the first
division, motor vehicles of the second division weighing not more than 8,000
pounds, and recreational vehicles as defined by
Section 1-169 of this Code.
Plates issued under this Section shall expire according to the multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design and color of the plates shall be wholly within the discretion
of the Secretary of State.
Appropriate documentation, as determined by the Secretary, shall accompany the
application. The Secretary may, in his or her discretion, allow the plates to
be issued as vanity or personalized plates in accordance with Section 3-405.1
of this Code.
(c) An applicant shall be charged a $40 fee for original issuance in
addition to the appropriate registration fee, if applicable. Of this fee, $25
shall be deposited into the Illinois Habitat Fund and $15 shall be deposited
into the Secretary of State Special License Plate Fund, to be used by the
Secretary of State to help defray the administrative processing costs. For
each registration renewal period, a $27 fee, in addition to the appropriate
registration fee, shall be charged. Of this fee, $25 shall be deposited into
the Illinois Habitat Fund and $2 shall be deposited into the Secretary of State
Special License Plate Fund.
(Source: P.A. 89-611, eff. 1-1-97; 90-14, eff. 7-1-97.)
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625 ILCS 5/3-632
(625 ILCS 5/3-632)
Sec. 3-632.
Wildlife Prairie Park license plate.
(a) The Secretary, upon receipt of an application made in the form
prescribed by the Secretary of State, may issue special registration plates
to be designated Wildlife Prairie Park license plates. The special plates
issued under this Section shall be affixed only to passenger vehicles of the
first division, motor vehicles of the second division weighing not more than
8,000 pounds, and recreational vehicles as defined by Section 1-169 of this
Code. Plates issued under this Section shall expire according to the
multi-year procedure established by Section 3-414.1 of this Code.
(b) The design and color of the plates shall be wholly within the discretion
of the Secretary of State. Appropriate documentation, as determined by the
Secretary, shall accompany the application. The Secretary may, in his or her
discretion, allow the plates to be issued as vanity or personalized plates in
accordance with Section 3-405.1 of this Code.
(c) An applicant shall be charged a $40 fee for original issuance in
addition to the appropriate registration fee, if applicable. Of this fee, $25
shall be deposited into the Wildlife Prairie Park Fund and $15 shall be
deposited into the Secretary of State Special License Plate Fund, to be used by
the Secretary of State to help defray the administrative processing costs. For
each registration renewal period, a $27 fee, in addition to the appropriate
registration fee, shall be charged. Of this fee, $25 shall be deposited into
the Wildlife Prairie Park Fund and $2 shall be deposited into the Secretary of
State Special License Plate Fund.
(Source: P.A. 89-611, eff. 1-1-97; 90-14, eff. 7-1-97.)
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625 ILCS 5/3-633
(625 ILCS 5/3-633)
Sec. 3-633.
(Repealed).
(Source: P.A. 90-14, eff. 7-1-97. Repealed by P.A. 99-483, eff. 7-1-16.)
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625 ILCS 5/3-634
(625 ILCS 5/3-634)
Sec. 3-634. Illinois Fire Fighters' License Plate.
(a) The Secretary, upon receipt of an application made in the form
prescribed by the Secretary of State, may issue special registration plates
designated to be Illinois Fire Fighters' Memorial license plates. The special
plates issued under
this Section shall be affixed only to passenger vehicles of the first division, motorcycles having an engine over 150cc,
motor vehicles of the second
division weighing not more than 8,000 pounds, or
recreational vehicles as defined in Section 1-169 of this Code,
and subject to the
staggered registration system. Plates issued under this Section shall
expire according to the multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design and color of the plates shall be wholly within the discretion
of the Secretary of State. The Secretary of State may, in his or her
discretion, allow the plates to be issued as vanity plates or personalized in
accordance with Section 3-405.1 of this Code. The plates are not required to
designate "Land of Lincoln", as prescribed in subsection (b) of Section 3-412
of this Code. The Secretary of State shall prescribe stickers or decals as
provided under Section 3-412.
(c) An applicant shall be charged a $27 fee for original issuance in
addition to the applicable registration fee. Of
this additional fee, $15 shall be deposited into the Secretary of State
Special License Plate Fund and $12 shall be
deposited into the Illinois Fire Fighters' Memorial Fund.
For each registration renewal period, a $17 fee, in addition to the
appropriate registration fee, shall be charged.
Of this fee, $2 shall be deposited into the Secretary of State Special License
Plate Fund and $15 shall be deposited into
the Illinois Fire Fighters' Memorial Fund.
(d) In addition to the purpose specified in Section 2-119(n), moneys in
the Illinois Fire Fighters' Memorial Fund shall, except as otherwise provided in subsection (e) and subject to appropriation by
the General Assembly, be used exclusively by the Office of the State Fire Marshal for the following purposes: (1) maintaining the Illinois Fire Fighters' Memorial; | | (2) holding an annual memorial commemoration and
| | Medal of Honor ceremony and related activities; and
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| (3) providing scholarships, for graduate study,
| | undergraduate study, or any other post-secondary education approved by the Illinois Firefighter Memorial Foundation, to children and spouses of fire fighters killed in the line of duty.
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| (e) No more than 10% of the annual proceeds of the Illinois Fire Fighters' Memorial Fund may, subject to appropriation by the General Assembly, be used by the Office of the State Fire Marshal for exhibits for and the maintenance of the Illinois Fire Fighter Museum, except that the 10% limit may be exceeded to pay for emergency repairs related to the structural stability of the Illinois Fire Fighter Museum. Prior to exceeding the 10% limit, the Office of the State Fire Marshal shall obtain the approval of a majority of the members of the Illinois Fire Fighters Memorial Foundation.
(Source: P.A. 99-812, eff. 1-1-17; 100-480, eff. 9-8-17.)
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625 ILCS 5/3-635
(625 ILCS 5/3-635)
Sec. 3-635. Master Mason plates.
(a) The Secretary, upon receipt of all applicable fees and applications
made in the form prescribed by the Secretary, may issue special registration
plates designated as Master Mason license plates.
The special plates issued under this Section shall be affixed only to
passenger vehicles of the first division or motor vehicles of the second
division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design and color of the special plates shall be wholly within the
discretion of the Secretary. Appropriate documentation, as determined by the
Secretary, shall accompany each application.
(c) An applicant for the special plate shall be charged a $25 fee for
original issuance in addition to the appropriate registration fee. Of this
fee, $10 shall be deposited into the Master Mason Fund and $15 shall be
deposited into the Secretary of State Special License Plate Fund, to be used by
the Secretary to help defray the administrative processing costs.
For each registration renewal period, a $25 fee, in addition to the
appropriate registration fee, shall be charged. Of this fee, $23 shall be
deposited into the Master Mason Fund and $2 shall be deposited into the
Secretary of State Special License Plate Fund.
(d) The Master Mason Fund is created as a special fund in the State
treasury. All money in the Master Mason Fund shall be paid, subject to
appropriation
by the General Assembly
and distribution by the Secretary, as grants to Illinois Masonic Charities Fund,
a not-for-profit corporation, for charitable purposes.
(Source: P.A. 99-294, eff. 1-1-16.)
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625 ILCS 5/3-636
(625 ILCS 5/3-636)
Sec. 3-636. Knights of Columbus plates.
(a) The Secretary, upon receipt of all applicable fees and applications
made in the form prescribed by the Secretary, may issue special registration
plates designated as Knights of Columbus license plates.
The special plates issued under this Section shall be affixed only to
passenger vehicles of the first division or motor vehicles of the second
division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design and color of the special plates shall be wholly within the
discretion of the Secretary. Appropriate documentation, as determined by the
Secretary, shall accompany each application.
(c) An applicant for the special plate shall be charged a $25 fee for
original issuance in addition to the appropriate registration fee. Of this
fee, $10 shall be deposited into the Knights of Columbus Fund and $15 shall be
deposited into the Secretary of State Special License Plate Fund, to be used by
the Secretary to help defray the administrative processing costs.
For each registration renewal period, a $25 fee, in addition to the
appropriate registration fee, shall be charged. Of this fee, $23 shall be
deposited into the Knights of Columbus Fund and $2 shall be deposited into the
Secretary of State Special License Plate Fund.
(d) The Knights of Columbus Fund is created as a special fund in the State
treasury. All money in the Knights of Columbus Fund shall be paid, subject to
appropriation
by the General Assembly
and distribution by the Secretary, as grants to charitable entities designated
by the Knights of Columbus.
(Source: P.A. 97-409, eff. 1-1-12.)
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625 ILCS 5/3-637
(625 ILCS 5/3-637)
Sec. 3-637. D.A.R.E.
license plate. (a) The Secretary, upon receipt of an application made in the form
prescribed by the Secretary of State, may issue special registration plates
designated to be D.A.R.E. (Drug Abuse Resistance Education) license plates.
The special plates issued under this Section shall be affixed only to passenger
vehicles of the first division, motor vehicles of the second division weighing
not more than 8,000 pounds, and recreational vehicles as defined by Section
1-169 of this Code.
Plates issued under this Section shall expire according to the multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design and color of the plates shall be wholly within the discretion
of the Secretary of State. Appropriate documentation, as determined by the
Secretary, shall accompany the application.
The Secretary may, in his or her discretion, allow the
plates to be issued as
vanity or personalized plates in accordance with Section 3-405.1 of this
Code.
(c) An applicant shall be charged a $45 fee for original issuance in
addition to the appropriate registration fee, if applicable. Of this fee, $10
shall be deposited into the State D.A.R.E. Fund; $10 shall
be deposited into the County D.A.R.E. Fund if the county, as indicated by the
applicant's address,
has a D.A.R.E. program, otherwise the $10 fee shall be deposited into
the State D.A.R.E. Fund;
$10 shall be deposited
into the Municipal D.A.R.E. Fund if the municipality, as indicated by the
applicant's address, has a D.A.R.E. program, otherwise the $10 fee shall be
deposited into the County D.A.R.E. Fund if the county, as indicated by the
applicant's address, has a D.A.R.E. program, otherwise the $10 fee shall be
deposited into the State D.A.R.E. Fund;
and $15 shall be deposited into the Secretary of State
Special License Plate Fund.
For each registration renewal period, a $29 fee, in addition to the
appropriate registration fee, shall be charged. Of this fee, $9 shall be
deposited into the State D.A.R.E. Fund; $9 shall be deposited into the
County D.A.R.E. Fund if the
county, as indicated by the applicant's address,
has a D.A.R.E. program, otherwise the $9 fee
shall be deposited into the State D.A.R.E. Fund;
$9 shall be deposited
into the Municipal D.A.R.E. Fund if the municipality, as indicated by the
applicant's address, has a D.A.R.E. program, otherwise the $9 fee shall be
deposited into the County D.A.R.E. Fund if the county, as indicated by the
applicant's address, has a D.A.R.E. program, otherwise the $9 fee shall be
deposited into the State D.A.R.E. Fund;
and $2 shall be deposited into
the Secretary of State Special License Plate Fund.
(d) The State D.A.R.E. Fund is created as a special fund in the State
Treasury. All money in the State D.A.R.E. Fund shall be paid, subject to appropriation by the General Assembly and approval by the Secretary, as grants to the Illinois D.A.R.E. Officers Association for its
D.A.R.E. program.
The County D.A.R.E. Fund is created as a special fund in the State Treasury.
All money in the County D.A.R.E. Fund shall be distributed, subject to
appropriation by the General Assembly, to the Secretary. The
Secretary shall make grants of this money to counties for their
D.A.R.E. programs based on the proportion of money the County D.A.R.E. Fund has
received from each county, as indicated by the applicant's address.
The Municipal D.A.R.E. Fund is created as a special fund in the State
Treasury. All money in the Municipal D.A.R.E. Fund shall be distributed,
subject to appropriation by the General Assembly, to the Secretary.
The Secretary shall make grants of this money to municipalities
for their D.A.R.E. programs based on the proportion of money the Municipal
D.A.R.E. Fund has received from each municipality, as indicated by the
applicant's address.
(Source: P.A. 97-206, eff. 7-28-11.)
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625 ILCS 5/3-638
(625 ILCS 5/3-638)
Sec. 3-638. U.S. Veteran License Plates. (a) In addition to any other special license plate, the Secretary, upon
receipt of all applicable fees and applications made in the form prescribed by
the Secretary of State, may issue U.S. Veteran license plates to residents of
Illinois who meet eligibility requirements prescribed by the Secretary of
State. The special U.S. Veteran plate issued under this Section shall be
affixed only to passenger vehicles of the first division, motorcycles, and
motor vehicles of the second division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the staggered
multi-year procedure established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity plates or personalized
in accordance with Section 3-405.1 of this Code. The plates are not required
to designate "Land Of Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary shall prescribe the eligibility requirements
and, in his or her discretion, shall approve and prescribe stickers or decals
as provided under Section 3-412.
(c) (Blank).
(d) A charitable organization deemed eligible by the Secretary of State shall design decals to be affixed on plates issued under this Section. The decals shall designate the applicant's branch of service, theater of action, or both. The Secretary may prescribe rules governing the requirements and approval of charitable decals. (e) The charitable organization authorized to design decals under subsection (d) of this Section may establish a fee for the purchase of charitable decals and shall report by July 31 of each year to the Secretary of State Vehicle Services Department the sticker fee, the number of charitable decals sold, the total revenue received from the sale of charitable decals during the previous fiscal year, and any other information deemed necessary by the Secretary of State. (Source: P.A. 99-166, eff. 7-28-15.)
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625 ILCS 5/3-639
(625 ILCS 5/3-639)
Sec. 3-639. Special registration plate or digital registration plate for a president of a village or
incorporated town or mayor. (a) The Secretary, upon receipt of all applicable fees and applications made
in the form prescribed by the Secretary, may issue special registration plates or digital registration plates
to presidents of villages and incorporated towns and mayors.
The special plates issued under this Section shall be affixed only to
passenger vehicles of the first division or motor vehicles of the second
division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design and color of the special plates shall be wholly within the
discretion of the Secretary. Appropriate documentation, as determined by the
Secretary, shall accompany each application.
(c) An applicant for the special plate shall be charged a $15 fee for
original issuance in addition to the appropriate registration fee. This
additional fee shall be deposited into the Secretary of State Special License
Plate Fund, to be used by the Secretary to help defray the administrative
processing costs.
For each registration renewal period, a $2 fee, in addition to the
appropriate registration fee, shall be charged. This additional fee shall be
deposited into the Secretary of State Special License Plate Fund.
(Source: P.A. 101-395, eff. 8-16-19.)
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625 ILCS 5/3-640
(625 ILCS 5/3-640)
Sec. 3-640.
Illinois and Michigan Canal plates.
(a) The Secretary, upon receipt of all applicable fees and applications
made in the form prescribed by the Secretary, may issue special registration
plates designated as Illinois and Michigan Canal license plates.
The special plates issued under this Section shall be affixed only to
passenger vehicles of the first division or motor vehicles of the second
division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design and color of the special plates shall be wholly within the
discretion of the Secretary. Appropriate documentation, as determined by the
Secretary, shall accompany each application.
(c) An applicant for the special plate shall be charged a $40 fee for
original issuance in addition to the appropriate registration fee. Of this
fee, $25 shall be deposited into the Illinois and Michigan Canal Fund and $15
shall be deposited into the Secretary of State Special License Plate Fund, to
be used by the Secretary to help defray the administrative processing costs.
For each registration renewal period, a $27 fee, in addition to the
appropriate registration fee, shall be charged. Of this fee, $25 shall be
deposited into the Illinois and Michigan Canal Fund and $2 shall be deposited
into the Secretary of State Special License Plate Fund.
(d) The Illinois and Michigan Canal Fund is created as a special fund in the
State treasury. All money in the Illinois and Michigan Canal Fund shall be
used, subject to appropriation by the General Assembly, by the Department of
Natural Resources for restoration and improvements of the Illinois and Michigan
Canal and its adjacent structures.
(Source: P.A. 90-527, eff. 11-13-97.)
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625 ILCS 5/3-641
(625 ILCS 5/3-641)
Sec. 3-641. Deceased police officer or firefighter plates.
(a) The Secretary,
upon
receipt of all applicable fees and applications made in the
form prescribed by the Secretary, may issue
special registration plates to the surviving spouse, children, stepchildren, and parents of a police officer or firefighter who has died in the line of
duty in this State. The special plates issued
pursuant to this Section shall be affixed only to passenger vehicles of
the first division or motor vehicles of the second division weighing not
more than 8,000 pounds.
Plates issued under this Section shall expire according to the multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design and color of the special plates shall be wholly within the
discretion of
the Secretary. Appropriate documentation, as determined by the
Secretary, shall accompany each application.
(c) An applicant for the special plate shall be charged a $15 fee for
original issuance in addition to the appropriate registration fee. This
additional fee shall be deposited into the Secretary of State Special License
Plate Fund, to be used by the Secretary to help defray the administrative
processing costs.
For each registration renewal period, a $2 fee, in addition to the
appropriate registration fee, shall be charged. This additional fee shall be
deposited into the Secretary of State Special License Plate Fund.
(Source: P.A. 101-358, eff. 1-1-20.)
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625 ILCS 5/3-642
(625 ILCS 5/3-642)
Sec. 3-642. Silver Star plates.
(a) The Secretary, upon receipt of all applicable fees and applications made
in the form prescribed by the Secretary, may issue special
registration plates to residents of Illinois who have been awarded the Silver
Star by the United States Armed Forces. The Secretary, upon receipt of the proper applications and fees, may also issue these special registration plates to an Illinois resident who is the surviving spouse of a person who was awarded the Silver Star by a branch of the armed forces of the United States. The special plate issued under this
Section shall be affixed only to passenger vehicles of the first
division, motorcycles, or
motor vehicles of the second division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the staggered
multi-year procedure established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity plates or personalized
in accordance with Section 3-405.1 of this Code. The plates are not required
to designate "Land Of Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary shall prescribe the eligibility requirements
and, in his or her discretion, shall approve and prescribe stickers or decals
as provided under Section 3-412.
(c) (Blank).
(Source: P.A. 93-140, eff. 1-1-04; 93-937, eff. 1-1-05; 94-343, eff. 1-1-06.)
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625 ILCS 5/3-643
(625 ILCS 5/3-643)
Sec. 3-643. Mammogram license plates.
(a) The Secretary, upon receipt of an application made in the form
prescribed by the Secretary, may issue special registration plates designated
as Mammogram license plates. The special plates issued under this Section
shall be affixed only to passenger vehicles of the first division and motor
vehicles of the second division weighing not more than 8,000 pounds. Plates
issued under this Section shall expire according to the multi-year procedure
established by Section 3-414.1 of this Code.
(b) The design and color of the plates is wholly within the discretion of
the Secretary, except that the phrase "Mammograms Save Lives" shall be on the plates. The
Secretary may allow the plates to be issued as vanity plates or personalized
under Section 3-405.1 of the Code. The Secretary shall prescribe stickers or
decals as provided under Section 3-412 of this Code.
(c) An applicant for the special plate shall be charged a $25 fee for
original issuance in addition to the appropriate registration fee. Of this
fee, $10 shall be deposited into the Mammogram Fund and $15 shall be
deposited into the Secretary of State Special License Plate Fund, to be used by
the Secretary to help defray the administrative processing costs.
For each registration renewal period, a $25 fee, in addition to the
appropriate registration fee, shall be charged. Of this fee, $23 shall be
deposited into the Mammogram Fund and $2 shall be deposited into the
Secretary of State Special License Plate Fund.
(d) The Mammogram Fund is created as a special fund in the State
treasury. All money in the Mammogram Fund shall be paid, subject to
appropriation by the General Assembly
and distribution by the Illinois Department of Public Health, to the Illinois Breast and Cervical Cancer Program for patient navigation services specifically for populations with the highest rates of breast cancer mortality in the State.
(Source: P.A. 102-967, eff. 1-1-23.)
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625 ILCS 5/3-644
(625 ILCS 5/3-644)
Sec. 3-644. Police Memorial Committee license plates.
(a) The Secretary, upon receipt of an application made in the form
prescribed by the Secretary, may issue special registration plates designated
as Police Memorial Committee license plates. The special plates issued under
this Section
shall be affixed only to passenger vehicles of the first division and motor
vehicles of the second division weighing not more than 8,000 pounds. Plates
issued under this Section shall expire according to the multi-year procedure
established by Section 3-414.1 of this Code.
(b) The design and color of the plates is wholly within the discretion of
the Secretary. The Secretary may allow the plates to be issued as vanity
plates or personalized under Section 3-405.1 of the Code. The Secretary shall
prescribe stickers or decals as provided under Section 3-412 of this Code.
(c) An applicant for the special plate shall be charged a $25 fee for
original issuance in addition to the appropriate registration fee. Of this
fee, $10 shall be deposited into the Police Memorial Committee Fund and $15
shall be deposited into the Secretary of State Special License Plate Fund, to
be used by the Secretary to help defray the administrative processing costs.
For each registration renewal period, a $25 fee, in addition to the
appropriate registration fee, shall be charged. Of this fee, $23 shall be
deposited into the Police Memorial Committee Fund and $2 shall be deposited
into the Secretary of State Special License Plate Fund.
(d) The Police Memorial Committee Fund is created as a special fund in the
State treasury. All money in the Police Memorial Committee Fund shall be paid,
subject to appropriation by the General Assembly
and distribution by the Secretary, as grants to the Police Memorial Committee for
maintaining a memorial statue, holding an annual memorial commemoration, and
giving scholarships or grants to children and spouses of police officers killed in the line of
duty.
(Source: P.A. 101-376, eff. 8-16-19.)
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625 ILCS 5/3-645
(625 ILCS 5/3-645)
Sec. 3-645. Vietnam Veteran License Plates.
(a) In addition to any other special license plate, the Secretary, upon
receipt of all applicable fees and applications made in the form prescribed by
the Secretary of State, may issue Vietnam Veteran license plates to residents
of Illinois who meet eligibility requirements prescribed by the Secretary of
State. The special Vietnam Veteran plate issued under this Section shall be
affixed only to passenger vehicles of the first division, motorcycles, and
motor vehicles of the second division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the staggered
multi-year procedure established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity plates or personalized
in accordance with Section 3-405.1 of this Code. The plates are not required
to designate "Land Of Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary shall prescribe the eligibility requirements
and, in his or her discretion, shall approve and prescribe stickers or decals
as provided under Section 3-412.
(c) (Blank).
(Source: P.A. 96-1409, eff. 1-1-11.)
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625 ILCS 5/3-646
(625 ILCS 5/3-646)
Sec. 3-646. Organ Donor Awareness license plates.
(a) The Secretary, upon receipt of an application made in the form
prescribed by the Secretary, may issue special registration plates designated
as Organ Donor Awareness license plates. The special plates issued under this
Section
shall be affixed only to passenger vehicles of the first division and motor
vehicles of the second division weighing not more than 8,000 pounds. Plates
issued under this Section shall expire according to the multi-year procedure
established by Section 3-414.1 of this Code.
(b) The design and color of the plates is wholly within the discretion of
the Secretary, except that the phrase "Be An Organ Donor" shall be on the
plates, and the design of the plates shall incorporate a reference to the
Chicago Bears
organization and Walter Payton. The
Secretary may allow the plates to be issued as vanity plates or personalized
under Section 3-405.1 of the Code. The Secretary shall prescribe stickers or
decals as provided under Section 3-412 of this Code.
(c) An applicant for the special plate shall be charged a $25 fee for
original issuance in addition to the appropriate registration fee. Of this
additional fee, $10 shall be deposited into the Organ Donor Awareness Fund and
$15 shall be
deposited into the Secretary of State Special License Plate Fund, to be used by
the Secretary to help defray the administrative processing costs.
For each registration renewal period, a $25 fee, in addition to the
appropriate registration fee, shall be charged. Of this additional fee, $23
shall be
deposited into the Organ Donor Awareness Fund and $2 shall be deposited into
the
Secretary of State Special License Plate Fund.
(d) The Organ Donor Awareness Fund is created as a special fund in the State
treasury. Subject to
appropriation by the General Assembly
and approval by the Secretary, 50% of the moneys in the Organ Donor Awareness
Fund shall be paid as grants to the Gift of Hope Organ and Tissue Donor Network, and the
remaining 50% of
the moneys in that fund shall be paid as grants to Mid-America Transplant
Services, or pursuant to any alternative distribution ratio mutually agreed upon by these 2 organizations.
(Source: P.A. 97-409, eff. 1-1-12.)
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625 ILCS 5/3-647
(625 ILCS 5/3-647)
Sec. 3-647. World War II Veteran License Plates.
(a) In addition to any other special license plate, the Secretary, upon
receipt of all applicable fees and applications made in the form prescribed by
the Secretary of State, may issue World War II Veteran license plates to
residents of Illinois who meet eligibility requirements prescribed by the
Secretary of State. The special World War II Veteran plate issued under this
Section shall be affixed only to passenger vehicles of the first division,
motorcycles, and motor vehicles of the second division weighing not more than
8,000 pounds. Plates issued under this Section shall expire according to the
staggered multi-year procedure established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity plates or personalized
in accordance with Section 3-405.1 of this Code. The plates are not required
to designate "Land Of Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary shall prescribe the eligibility requirements
and, in his or her discretion, shall approve and prescribe stickers or decals
as provided under Section 3-412.
(c) (Blank).
(Source: P.A. 96-1409, eff. 1-1-11.)
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625 ILCS 5/3-648
(625 ILCS 5/3-648)
Sec. 3-648. Education license plates.
(a) The Secretary, upon receipt of an application made in the form
prescribed by the Secretary, may issue special registration plates designated
as Education license plates. The special plates issued under this Section
shall be affixed only to passenger vehicles of the first division and motor
vehicles of the second division weighing not more than 8,000 pounds. Plates
issued under this Section shall expire according to the multi-year procedure
established by Section 3-414.1 of this Code.
(b) The design and color of the plates
shall be determined by a contest that every elementary school pupil in the
State of Illinois is eligible to enter. The designs submitted for the contest
shall be judged on September 30, 2002, and the winning design shall be selected
by a committee
composed of the Secretary, the Director of State Police, 2 members of the
Senate, one member chosen by the President of the Senate and one member chosen
by the
Senate Minority Leader, and 2 members of the House of Representatives, one
member chosen by the Speaker of the House and one member chosen by the House
Minority
Leader.
The
Secretary may allow the plates to be issued as vanity or personalized plates
under Section 3-405.1 of the Code. The Secretary shall prescribe stickers or
decals as provided under Section 3-412 of this Code.
(c) An applicant for the special plate shall be charged a $40 fee for
original issuance,
in addition to the appropriate registration fee.
Of this $40 additional original issuance fee, $15 shall be deposited into the
Secretary of State Special
License Plate Fund, to be used by the Secretary to help defray the
administrative processing costs, and
$25 shall be deposited into the Golden Apple Scholars of Illinois Fund.
For each registration renewal period, a $40 fee, in addition to the
appropriate registration fee, shall be charged.
Of this $40 additional renewal fee, $2 shall be deposited into the Secretary of
State Special License
Plate Fund and $38 shall be deposited into the Golden Apple Scholars of Illinois Fund. Each
fiscal year, once deposits from the additional original issuance and renewal
fees into the Secretary of State Special License Plate Fund have reached
$500,000, all the amounts received for the additional fees for the balance of
the fiscal year shall be
deposited into the Golden Apple Scholars of Illinois Fund.
(d) The Golden Apple Scholars of Illinois Fund
is created as a special fund in the State treasury. All
moneys in the Golden Apple Scholars of Illinois Fund
shall be apportioned according to Section 52 of the Higher Education Student Assistance Act.
(Source: P.A. 98-533, eff. 8-23-13.)
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625 ILCS 5/3-649
(625 ILCS 5/3-649)
Sec. 3-649.
West Point Bicentennial license plates.
(a) In addition to any other special license
plate,
the Secretary, upon receipt of all
applicable fees and applications made in the form prescribed by the
Secretary of State, may issue West Point Bicentennial license plates to
commemorate the 200th anniversary of the founding of the United States Military
Academy at West Point, N.Y.
The
special West Point Bicentennial plate
issued under this
Section shall be affixed only to passenger vehicles of the first division and
motor vehicles of the second division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the staggered
multi-year procedure established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary may, in his or
her
discretion, allow the plates to be issued as vanity plates or personalized in
accordance
with Section 3-405.1 of this Code. The plates are not required to
designate "Land Of Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary
shall approve and prescribe
stickers
or decals as provided under Section 3-412.
(c) An applicant shall be charged a $15 fee for original issuance
in addition to the applicable registration fee. This additional fee
shall be deposited into the Secretary of State
Special License Plate Fund.
For
each registration renewal period, a $2 fee, in addition to the appropriate
registration fee, shall be charged and shall be deposited into the Secretary
of State Special License Plate Fund.
(Source: P.A. 92-477, eff. 1-1-02.)
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625 ILCS 5/3-650
(625 ILCS 5/3-650)
Sec. 3-650. Army Combat Veteran license plates.
(a) In addition to any other special license plate, the Secretary, upon
receipt of all applicable fees and applications made in the form prescribed
by the Secretary of State, may issue Army Combat Veteran license plates to
residents of Illinois who meet eligibility requirements prescribed by the
Secretary of State. The special Army Combat Veteran plate issued under this
Section shall be affixed only to passenger vehicles of the first division,
motorcycles, and motor vehicles of the second division weighing not more than
8,000 pounds. Plates issued under this Section shall expire according to the
staggered multi-year procedure established by Section 3-414.1 of this Code.
(b) The plates shall display the Army Combat Infantry Badge. In all other
respects, the design, color, and format of the plates shall be within the
discretion of the Secretary of State. The Secretary may, in his or her
discretion, allow the plates to be issued as vanity plates or personalized in
accordance with Section 3-405.1 of this Code. The plates are not required to
designate "Land Of Lincoln", as prescribed in subsection (b) of Section 3-412
of this Code. The Secretary shall prescribe the eligibility requirements and,
in his or her discretion, shall approve and prescribe stickers or decals as
provided under Section 3-412.
(c) (Blank).
(Source: P.A. 96-1409, eff. 1-1-11.)
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625 ILCS 5/3-651
(625 ILCS 5/3-651)
Sec. 3-651. U.S.
Marine Corps license plates. (a) In addition to any other special license plate, the Secretary, upon
receipt of all applicable fees and applications made in the form prescribed by
the Secretary of State, may issue special registration plates designated as
U.S. Marine Corps license plates to residents of Illinois who meet eligibility
requirements prescribed by the Secretary of State. The special plate issued
under this Section shall be affixed only to passenger vehicles of the first
division, motorcycles, motor vehicles of the second
division weighing not more than 8,000 pounds, and recreational vehicles as
defined by Section 1-169 of this Code. Plates issued under this Section shall
expire according to the staggered multi-year procedure established by Section
3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State, except that the U.S. Marine
Corps emblem shall appear on the plates. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity or personalized plates
in accordance with Section 3-405.1 of this Code. The plates are not required
to designate "Land Of Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary shall prescribe the eligibility requirements
and, in his or her discretion, shall approve and prescribe stickers or decals
as provided under Section 3-412.
(c) An applicant shall be charged a $5 fee for original issuance in
addition to the applicable registration fee. This additional fee shall be deposited into the Marine Corps Scholarship Fund. For each
registration renewal period, an $18 fee, in addition to the appropriate
registration fee, shall be charged. This additional fee
shall be deposited into the Marine Corps Scholarship Fund.
(d) The Marine Corps Scholarship Fund is created as a special fund in
the State treasury. All moneys in the Marine Corps Scholarship Fund shall,
subject to appropriation by the General Assembly and distribution by the Secretary,
be used by the Marine Corps Coordinating Council of Illinois, Inc., a recognized
charitable organization that meets the requirements of Title 26,
Section 501(c)(3) of the United States Code, to provide grants for
scholarships for higher education. The scholarship recipients must be the
children of current or former members of the United States Marine Corps
who meet the academic, financial, and other requirements established by the
Marine Corps Scholarship Foundation. In addition, the recipients must be
Illinois residents and must attend a college or university located
within the State of Illinois.
(e) In addition, the Marine Corps Coordinating Council of Illinois is authorized to provide grants to the Marine Corps Scholarship Foundation, the Young Marine National Foundation, the Women Marines Association, and to any local chapter of the Marine Corps League that is located in Illinois. Any grant money paid from the Marine Corps Scholarship Fund shall be used for scholarships for undergraduate, graduate, and career and technical education and certification, financial assistance, or monetary awards to veterans or veterans' families that are located within the State of Illinois.(Source: P.A. 101-89, eff. 7-19-19.)
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625 ILCS 5/3-652
(625 ILCS 5/3-652)
Sec. 3-652. Chicago and Northeast Illinois District Council
of Carpenters license plates.
(a) The Secretary, upon receipt of all applicable fees and applications
made in the form prescribed by the Secretary, may issue special registration
plates designated as
Chicago and Northeast Illinois District Council of Carpenters
license plates.
The special plates issued under this Section shall be affixed only to
passenger vehicles of the first division or motor vehicles of the second
division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design and color of the special plates shall be wholly within the
discretion of the Secretary. Appropriate documentation, as determined by the
Secretary, shall accompany each application.
The Secretary may allow the plates to be issued as vanity plates or
personalized plates under Section 3-405.1 of this Code. The Secretary shall
prescribe stickers or decals as provided under Section 3-412 of this Code.
(c) An applicant for the special plate shall be charged a $25 fee for
original issuance in addition to the appropriate registration fee. Of this
fee, $10 shall be deposited into the
Chicago and Northeast Illinois District Council of Carpenters
Fund and $15 shall be
deposited into the Secretary of State Special License Plate Fund, to be used by
the Secretary to help defray the administrative processing costs.
For each registration renewal period, a $25 fee, in addition to the
appropriate registration fee, shall be charged. Of this fee, $23 shall be
deposited into the
Chicago and Northeast Illinois District Council of Carpenters
Fund and $2 shall be deposited into the
Secretary of State Special License Plate Fund.
(d) The Chicago and Northeast Illinois District Council of Carpenters
Fund is created as a special fund in the State
treasury. All moneys in the
Chicago and Northeast Illinois District Council of Carpenters
Fund shall be paid, subject to
appropriation
by the General Assembly
and distribution by the Secretary, as grants to charitable entities designated
by the
Chicago and Northeast Illinois District Council of Carpenters.
(Source: P.A. 97-409, eff. 1-1-12.)
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625 ILCS 5/3-653
(625 ILCS 5/3-653)
Sec. 3-653. Pet Friendly license plates.
(a) The Secretary, upon receipt of an application made in the form
prescribed by the Secretary, may issue special registration plates designated
as Pet Friendly license plates. The special plates issued under this Section
shall be affixed only to passenger vehicles of the first division, motor
vehicles of the second division weighing not more than 8,000 pounds, and
recreational vehicles as defined in Section 1-169 of this Code. Plates
issued under this Section shall expire according to the multi-year procedure
established by Section 3-414.1 of this Code.
(b) The design and color of the plates is wholly within the discretion of
the Secretary, except that the phrase "I am pet friendly" shall be on the
plates. The Secretary may allow the plates to be issued as vanity plates or
personalized plates under Section 3-405.1 of the Code. The Secretary shall
prescribe stickers or decals as provided under Section 3-412 of this Code.
(c) An applicant for the special plate shall be charged a $40 fee for
original issuance in addition to the appropriate registration fee. Of this
additional fee, $25 shall be deposited into the Pet Population Control
Fund and $15 shall be deposited into the Secretary of State Special License
Plate Fund, to be used by the Secretary to help defray the administrative
processing costs.
For each registration renewal period, a $27 fee, in addition to the
appropriate registration fee, shall be charged. Of this additional fee,
$25 shall be deposited into the Pet Population Control Fund and $2 shall
be deposited into the Secretary of State Special License Plate Fund.
(Source: P.A. 94-639, eff. 8-22-05; 95-331, eff. 8-21-07.)
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625 ILCS 5/3-654
(625 ILCS 5/3-654)
Sec. 3-654. Illinois Public Broadcasting System Stations
special license
plates.
(a) The Secretary, upon receipt of all applicable fees and applications
made in the form prescribed by the Secretary, may issue special registration
plates designated as Illinois Public Broadcasting System Stations special
license
plates.
The special plates issued under this Section shall be affixed only to
passenger vehicles of the first division or motor vehicles of the second
division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design and color of the special plates shall be wholly within the
discretion of the Secretary.
The Secretary may, in his or her discretion, allow the plates to be issued as
vanity or personalized plates in accordance with Section 3-405.1 of this Code.
The plates are not required to designate "Land of Lincoln", as prescribed in
subsection (b) of Section 3-412 of this Code. The Secretary, in his or her
discretion, shall approve and prescribe stickers or decals as provided
under Section 3-412.
(c) An applicant for the special plate shall be charged a $40
fee for
original issuance in addition to the appropriate registration fee. Of this
fee, $25 shall be deposited into the Public Broadcasting
Fund and $15
shall be deposited into the Secretary of State Special License Plate Fund, to
be used by the Secretary to help defray the administrative processing costs.
For each registration renewal period, a $27 fee, in addition to the
appropriate registration fee, shall be charged. Of this fee, $25 shall be
deposited into the
Public Broadcasting
Fund and $2 shall be deposited
into the Secretary of State Special License Plate Fund.
(d) The Public Broadcasting Fund is created as a special fund in the
State treasury. Subject to appropriation by the General Assembly and distribution
by the Secretary, the Secretary shall pay
all moneys in the Public Broadcasting Fund
to the various Public Broadcasting System stations in Illinois for operating
costs.
(Source: P.A. 97-409, eff. 1-1-12.)
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625 ILCS 5/3-655
(625 ILCS 5/3-655)
Sec. 3-655. Hospice license plates.
(a) The Secretary, upon receipt of an application made in the form
prescribed by the Secretary, may issue special registration plates designated
as Hospice license plates. The special plates issued under this Section
shall be affixed only to passenger vehicles of the first division and motor
vehicles of the second division weighing not more than 8,000 pounds. Plates
issued under this Section shall expire according to the multi-year procedure
established by Section 3-414.1 of this Code.
(b) The color of the plates is wholly within the discretion of
the Secretary. The design of the plates shall include the word "Hospice" above
drawings of two lilies and a butterfly.
The
Secretary may allow the plates to be issued as vanity plates or personalized
under Section 3-405.1 of the Code. The Secretary shall prescribe stickers or
decals as provided under Section 3-412 of this Code.
(c) An applicant for the special plate shall be charged a $25 fee for
original issuance in addition to the appropriate registration fee. Of this
fee, $10 shall be deposited into the Hospice Fund and $15 shall be
deposited into the Secretary of State Special License Plate Fund, to be used by
the Secretary to help defray the administrative processing costs.
For each registration renewal period, a $25 fee, in addition to the
appropriate registration fee, shall be charged. Of this fee, $23 shall be
deposited into the Hospice Fund and $2 shall be deposited into the
Secretary of State Special License Plate Fund.
(d) The Hospice Fund is created as a special fund in the State
treasury. All money in the Hospice Fund shall be paid, subject to
appropriation by the General Assembly
and distribution by the Secretary, as grants to a statewide organization whose primary membership consists of hospice programs to be used as follows: (1) To fund projects relating to hospice care for | | special groups, such as children, veterans, and ethnic, religious, gender, or minority groups, or to provide disease-specific research or outreach.
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| (2) To fund education and outreach for hospice
| | volunteers, patients, families, and health care professionals.
|
| (3) To fund informational and educational media
| | programs regarding the availability of hospice services.
|
| (4) To fund the expansion or enhancement of a
| | statewide organization whose primary membership consists of hospice programs toll-free referral line operated to provide hospice information.
|
| (5) To fund the expansion or enhancement of a
| | statewide organization whose primary membership consists of hospice programs Internet website.
|
| (6) To cover reasonable costs for special plate
| | A statewide organization whose primary membership consists of hospice programs shall distribute grant moneys received under this subsection (d) through a standing committee that reviews funding solicitations and
awards.
(Source: P.A. 97-409, eff. 1-1-12.)
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625 ILCS 5/3-656
(625 ILCS 5/3-656)
Sec. 3-656. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 97-409, eff. 1-1-12.)
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625 ILCS 5/3-657
(625 ILCS 5/3-657)
Sec. 3-657. Park District Youth Program license plates.
(a) In addition to any other special license
plate,
the Secretary, upon receipt of all
applicable fees and applications made in the form prescribed by the
Secretary of State, may issue Park District Youth Program license plates. The
special Park District Youth Program plate
issued under this
Section shall be affixed only to passenger vehicles of the first division and
motor vehicles of the second division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the staggered
multi-year procedure established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State.
Appropriate documentation, as determined by the Secretary, must accompany each
application.
The Secretary,
in his or her discretion, shall approve and prescribe
stickers
or decals as provided under Section 3-412.
(c) An applicant for the special plate shall be charged a $40 fee for
original issuance in addition to the appropriate registration fee. Of this
fee, $25 shall be deposited into the Park District Youth Program Fund and $15
shall be
deposited into the Secretary of State Special License Plate Fund, to be used by
the Secretary to help defray the administrative processing costs.
For each registration renewal period, a $27 fee, in addition to the
appropriate registration fee, shall be charged. Of this fee, $25 shall be
deposited into the Park District Youth Program Fund and $2 shall be deposited
into the
Secretary of State Special License Plate Fund.
(d) The Park District Youth Program Fund is created as a special fund in the
State
treasury. All money in the Park District Youth Program Fund shall be paid,
subject to
appropriation by the General Assembly
and distribution by the Secretary, as grants to the Illinois Association
of Park Districts, a not-for-profit corporation, for grants to park districts
and recreation agencies providing innovative after school programming for
Illinois youth.
(Source: P.A. 97-409, eff. 1-1-12.)
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625 ILCS 5/3-658
(625 ILCS 5/3-658)
Sec. 3-658. Professional Sports Teams license plates.
(a) The Secretary, upon receipt of an application made in the form
prescribed by the Secretary, may issue special registration plates designated
as Professional Sports Teams license plates. The special plates issued under
this Section
shall be affixed only to passenger vehicles of the first division, motorcycles, and motor
vehicles of the second division weighing not more than 8,000 pounds. Plates
issued under this Section shall expire according to the multi-year procedure
established by Section 3-414.1 of this Code.
(b) The design and color of the plates is wholly within the discretion of
the Secretary, except that the plates shall, subject to the permission of the
applicable team owner, display the logo of the Chicago Bears, the Chicago
Bulls, the Chicago Blackhawks, the Chicago Cubs, the
Chicago White Sox, the Chicago Sky, the Chicago Red Stars, the Chicago Fire, or the St. Louis Cardinals, at the
applicant's option. The Secretary may allow the plates to be issued as vanity
or personalized plates under Section 3-405.1 of the Code. The Secretary shall
prescribe stickers or decals as provided under Section 3-412 of this Code.
(c) An applicant for the special plate shall be charged a $40 fee for
original issuance in addition to the appropriate registration fee. Of this
fee, $25 shall be deposited into the Professional Sports Teams Education Fund
and $15 shall be deposited into the Secretary of State Special License Plate
Fund, to be used by the Secretary to help defray the administrative processing
costs.
For each registration renewal period, a $27 fee, in addition to the
appropriate registration fee, shall be charged. Of this fee, $25 shall be
deposited into the Professional Sports Teams Education Fund and $2 shall be
deposited into the Secretary of State Special License Plate Fund.
(d) The Professional Sports Teams Education Fund is created as a special
fund in the State treasury. The Comptroller shall order transferred and the Treasurer shall transfer all moneys in the Professional Sports Teams Education Fund to the Common School Fund every 6 months.
(Source: P.A. 102-1099, eff. 1-1-23.)
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625 ILCS 5/3-659
(625 ILCS 5/3-659)
Sec. 3-659. Pan Hellenic license plates.
(a) The Secretary, upon receipt of all applicable fees and applications made
in the
form prescribed by the Secretary, may issue special registration plates
designated as
Pan Hellenic license plates. The special plates issued under this Section shall
be
affixed only to passenger vehicles of the first division or motor vehicles of
the
second division weighing not more than 8,000 pounds. Plates issued under this
Section shall expire according to the multi-year procedure established by
Section 3-414.1 of this Code.
(b) The design and color of the special plates shall be wholly within the
discretion
of the Secretary, except that an emblem of a Pan Hellenic eligible member shall
be on the
plate. Appropriate documentation, as determined by the Secretary, shall
accompany each
application. The Secretary may, in his or her discretion, allow the plates to
be issued as
vanity or personalized plates in accordance with Section 3-405.1 of this Code.
The plates
are not required to designate "Land of Lincoln" as prescribed in subsection
(b)
of Section 3-412 of this Code. The Secretary, in his or her discretion, may
prescribe rules
governing the requirements and approval of the special plates.
(c) An applicant for the special plate shall be charged a $40 fee for
original
issuance in addition to the appropriate registration fee. Of this fee, $25
shall be deposited
into the Illinois Pan Hellenic Trust Fund and $15 shall be deposited into the
Secretary of
State Special License Plate Fund, to be used by the Secretary to help defray
the
administrative processing costs. For each registration renewal period, a $27
fee, in
addition to the appropriate registration fee, shall be charged. Of this fee,
$25 shall be
deposited into the Illinois Pan Hellenic Trust Fund and $2 shall be deposited
into the
Secretary of State Special License Plate Fund.
(d) The Illinois Pan Hellenic Trust Fund is created as a special fund in the
State
Treasury. The State Treasurer shall create separate accounts within the
Illinois Pan
Hellenic Trust Fund for each eligible member for which Pan Hellenic license
plates have
been issued. Moneys in the Illinois Pan Hellenic Trust Fund shall be allocated
to each
account in proportion to the number of plates sold in regard to each fraternity
or sorority.
All moneys in the Illinois Pan Hellenic Trust Fund shall be distributed,
subject to
appropriation by the General Assembly and distribution by the Secretary, as grants
to the
Illinois Alpha Kappa Alpha Charitable Foundation, Illinois Delta Sigma Theta
Charitable
Foundation, Illinois Zeta Phi Beta Charitable Foundation, Illinois Sigma Gamma
Rho
Charitable Foundation, Alpha Illinois Leadership Foundation, Illinois
Omega
Psi Phi Charitable Foundation, Illinois Kappa Alpha Psi Charitable Foundation,
Illinois
Phi Beta Sigma Charitable Foundation, or
Illinois Iota Phi Theta Charitable Foundation for charitable
purposes sponsored by the African-American fraternity or sorority.
(Source: P.A. 102-699, eff. 4-19-22.)
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625 ILCS 5/3-660
(625 ILCS 5/3-660)
Sec. 3-660. September 11th license plates.
(a) Beginning on September 11, 2002, the Secretary, upon receipt of all
applicable fees and applications made in the form prescribed by the Secretary,
may issue special registration plates designated as September 11th license
plates.
The special plates issued under this Section shall be affixed only to
passenger vehicles of the first division or motor vehicles of the second
division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design and color of the special plates shall be wholly within the
discretion of the Secretary. The Secretary may allow the plates to be issued
as vanity or personalized plates under Section 3-405.1 of this Code. The
Secretary shall prescribe stickers or decals as provided under Section 3-412
of this Code.
(c) An applicant for the special plate shall be charged a $40 fee for
original issuance in addition to the appropriate registration fee. Of this
fee, $25 shall be deposited into the September 11th Fund and $15 shall be
deposited into the Secretary of State Special License Plate Fund, to be used
by the Secretary to help defray the administrative processing costs.
For each registration renewal period, a $27 fee, in addition to the
appropriate registration fee, shall be charged. Of this fee, $25 shall be
deposited into the September 11th Fund and $2 shall be deposited into the
Secretary of State Special License Plate Fund.
(d) The September 11th Fund is created as a special fund in the State
treasury. Subject to appropriation by the General Assembly, the Director of the Illinois Emergency Management Agency
shall pay all moneys in the September 11th Fund as grants to aid victims of
terrorism and as grants to local governments to cover the costs of training,
equipment, and other items related to public safety initiatives intended to
prevent further acts of terrorism or to respond to further acts of terrorism
or other disasters or emergency situations in Illinois.
(Source: P.A. 97-409, eff. 1-1-12.)
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625 ILCS 5/3-661
(625 ILCS 5/3-661)
Sec. 3-661. Illinois Route 66 license plates.
(a) The Secretary, upon receipt of all applicable fees and applications
made in the form prescribed by the Secretary, may issue special registration
plates designated as
Illinois Route 66
license plates.
The special plates issued under this Section shall be affixed only to
passenger vehicles of the first division, motorcycles having an engine over 150cc, or motor vehicles of the second
division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design and color of the special plates shall be wholly within the
discretion of the Secretary.
The Secretary may, in his or her discretion, allow the plates to be issued as
vanity or personalized plates in accordance with Section 3-405.1 of this Code.
The plates are not required to designate "Land of Lincoln", as prescribed in
subsection (b) of Section 3-412 of this Code. The Secretary, in his or her
discretion, shall approve and prescribe stickers or decals as provided
under Section 3-412.
(c) An applicant for the special plate shall be charged a $40
fee for
original issuance in addition to the appropriate registration fee. Of this
fee, $25 shall be deposited into the Illinois
Route 66 Heritage Project
Fund and $15
shall be deposited into the Secretary of State Special License Plate Fund, to
be used by the Secretary to help defray the administrative processing costs.
For each registration renewal period, a $27 fee, in addition to the
appropriate registration fee, shall be charged. Of this fee, $25 shall be
deposited into the Illinois
Route 66 Heritage Project
Fund and $2 shall be deposited
into the Secretary of State Special License Plate Fund.
(d) The Illinois
Route 66 Heritage Project
Fund is created as a special fund in the
State treasury.
Subject to appropriation by the General Assembly and distribution by the
Secretary, Illinois Route 66 Heritage Project, Inc. shall use
all moneys in the Illinois
Route 66 Heritage Project
Fund
for the development of tourism, through education and interpretation,
preservation, and promotion of the former U.S. Route 66 in Illinois.
(Source: P.A. 99-865, eff. 1-1-17.)
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625 ILCS 5/3-662
(625 ILCS 5/3-662)
Sec. 3-662. Stop Neuroblastoma license plates.
(a) The Secretary, upon receipt of an application made in the form
prescribed by the Secretary, may issue special registration plates
designated as Stop Neuroblastoma license plates. The special plates issued
under this Section shall be affixed only to passenger vehicles of the first
division and motor vehicles of the second division weighing not more than
8,000 pounds. Plates issued under this Section shall expire according
to the multi-year procedure established by Section 3-414.1 of this Code.
(b) The design and color of the plates is wholly within the
discretion of the Secretary, except that the following phrases shall be on the
plates: (i) "Stop Neuroblastoma" and (ii) "Stop Cancer". The Secretary may
allow the plates to be issued as vanity plates or personalized under Section
3-405.1 of this Code. The Secretary shall prescribe stickers or decals as
provided under Section 3-412 of this Code.
(c) An applicant for the special plate shall be charged a $25 fee
for original issuance in addition to the appropriate registration fee. Of
this fee, $10 shall be deposited into the Stop Neuroblastoma Fund and $15
shall be deposited into the Secretary of State Special License Plate Fund,
to be used by the Secretary to help defray the administrative processing
costs.
For each registration renewal period, a $25 fee, in addition to the
appropriate registration fee, shall be charged. Of this fee, $23 shall be
deposited into the Stop Neuroblastoma Fund and $2 shall be deposited into the
Secretary of State Special License Plate Fund.
(d) The Stop Neuroblastoma Fund is created as a special fund in
the State treasury. All money in the Stop Neuroblastoma Fund shall be paid,
subject to appropriation by the General Assembly and distribution by the
Secretary, as grants to the American Cancer Society for neuroblastoma and
cancer research, education, screening, and treatment.
(Source: P.A. 97-409, eff. 1-1-12.)
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625 ILCS 5/3-663 (625 ILCS 5/3-663) Sec. 3-663. Medically Required Tinted Window plates or plate stickers. The Secretary, upon receipt of an application made in the form prescribed by the Secretary, shall issue special registration plates or plate stickers designated as Medically Required Tinted Window license plates or plate stickers. The special plates or plate stickers issued under this Section shall be affixed only to passenger vehicles of the first division or their license plates and to motor vehicles of the second division weighing not more than 8,000 pounds or their license plates. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. Plate stickers issued under this Section shall expire in accordance with rules adopted by the Secretary. The design and color of the plates or plate stickers shall be wholly within the discretion of the Secretary of State.
(Source: P.A. 94-564, eff. 8-12-05.) |
625 ILCS 5/3-664 (625 ILCS 5/3-664)
Sec. 3-664. Gold Star license plates. Upon proper application, the Secretary of State shall
issue registration plates designated as Gold Star license plates to any Illinois resident who is the
surviving widow or widower, to each parent who is an Illinois resident, and to each Illinois resident who is a child, stepchild, child through adoption, brother, half-brother, sister, or half-sister, of a person who served in the Armed Forces of the United States and
lost his or her life while in service whether in peacetime or war. The
surviving widow or widower, each of the parents, and each child, stepchild, child through adoption, brother, half-brother, sister, or half-sister shall be issued one or more sets of registration plates. Registration plates issued under this
Section shall be for first division vehicles and second division vehicles
of 8,000 pounds or less. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. No registration fee shall be required from surviving widows, widowers, parents, or children of persons who served in the Armed Forces of the United States:
(1) who lost their lives during World War I, World | | War II, or during any subsequent period of armed hostilities in which the United States was engaged before July 1, 1958;
|
| (2) who lost or lose their lives after June 30,
| | 1958: while engaged in military operations involving conflict with an opposing foreign force; or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party against an opposing armed force; or
|
| (3) who lost or lose their lives after March 28,
| | 1973, as a result of: an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack by the Secretary of Defense; or military operations while serving outside the United States (including the commonwealths, territories, and possessions of the United States) as part of a peacekeeping force.
|
| (Source: P.A. 102-106, eff. 1-1-22; 102-796, eff. 1-1-23.)
|
625 ILCS 5/3-665 (625 ILCS 5/3-665)
Sec. 3-665. Agriculture in the Classroom plates. (a) The Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue special registration plates designated as Agriculture in the Classroom license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the special plates shall be wholly within the discretion of the Secretary. (c) An applicant for the special plate shall be charged a $40 fee for original issuance in addition to the appropriate registration fee. Of this fee, $25 shall be deposited into the Agriculture in the Classroom Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $27 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $25 shall be deposited into the Agriculture in the Classroom Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Agriculture in the Classroom Fund is created as a special fund in the State treasury. All moneys in the Agriculture in the Classroom Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, to the Illinois Agricultural Association Foundation, a charitable organization that meets the requirements of Title 26, Section 501(c)(3) of the United States Code, to be used as grants to support Agriculture in the Classroom programming for public and private schools within Illinois.
(Source: P.A. 97-409, eff. 1-1-12.) |
625 ILCS 5/3-666 (625 ILCS 5/3-666)
Sec. 3-666. Paratrooper license plates. (a) In addition to any other special license
plate,
the Secretary, upon receipt of all
applicable fees and applications made in the form prescribed by the
Secretary of State, may issue Paratrooper license plates to residents of
Illinois
who meet eligibility requirements prescribed by the Secretary of State. The
special Paratrooper plate
issued under this
Section shall be affixed only to passenger vehicles of the first division and
motor vehicles of the second division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the staggered
multi-year procedure established by Section 3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary may, in his or
her
discretion, allow the plates to be issued as vanity or personalized plates in
accordance
with Section 3-405.1 of this Code. The plates are not required to
designate "Land of Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary shall prescribe the eligibility
requirements and, in his or her discretion, shall approve and prescribe
stickers
or decals as provided under Section 3-412. (c) (Blank).
(Source: P.A. 97-306, eff. 1-1-12.) |
625 ILCS 5/3-667 (625 ILCS 5/3-667)
Sec. 3-667. Korean Service license plates. (a) In addition to any other special license plate, the Secretary, upon
receipt of all applicable fees and applications made in the form prescribed by
the Secretary of State, may issue special registration plates designated as
Korean Service license plates to
residents of Illinois who, on or after July 27, 1954, participated in the United States Armed Forces in Korea. The special plate issued under this Section shall be affixed
only to passenger vehicles of the first division, motorcycles,
motor vehicles of the second
division weighing not more than 8,000 pounds, and recreational vehicles as
defined by Section 1-169 of this Code. Plates issued under this Section shall
expire according to the staggered multi-year procedure established by Section
3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity or personalized
plates in accordance with Section 3-405.1 of this Code. The plates are not required
to designate "Land of
Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary shall prescribe the eligibility requirements
and, in his or her discretion, shall approve and prescribe stickers or decals
as provided under Section 3-412.
(c) An applicant shall be charged a $2 fee for original issuance
in addition to the applicable registration fee. This additional fee shall be deposited into the Korean War Memorial Construction Fund a special fund in the State treasury.
(d) An individual who has been issued Korean Service license plates
for a vehicle
and who has been approved for benefits under the Senior Citizens and Persons with Disabilities Property Tax Relief Act shall pay
the original issuance and the regular annual fee for the registration of the
vehicle as provided in Section 3-806.3 of this Code in addition to the fees
specified in subsection (c) of this Section.
(Source: P.A. 99-143, eff. 7-27-15.) |
625 ILCS 5/3-668 (625 ILCS 5/3-668)
Sec. 3-668. Iraq Campaign license plates. (a) In addition to any other special license plate, the Secretary, upon
receipt of all applicable fees and applications made in the form prescribed by
the Secretary of State, may issue Iraq Campaign license plates to residents of
Illinois who have earned the Iraq Campaign Medal from the United States Armed Forces. The special Iraq Campaign plates issued under this Section shall be
affixed only to passenger vehicles of the first division, motorcycles, and
motor vehicles of the second division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the staggered
multi-year procedure established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity plates or personalized
in accordance with Section 3-405.1 of this Code. The plates are not required
to designate "Land of
Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary shall, in his or her discretion, approve and prescribe stickers or decals
as provided under Section 3-412.
(c) (Blank).
(Source: P.A. 99-127, eff. 1-1-16.) |
625 ILCS 5/3-669 (625 ILCS 5/3-669) Sec. 3-669. Afghanistan Campaign license plates. (a) In addition to any other special license plate, the Secretary, upon
receipt of all applicable fees and applications made in the form prescribed by
the Secretary of State, may issue Afghanistan Campaign license plates to residents
of Illinois who have earned the Afghanistan Campaign Medal from the United States Armed Forces. The special Afghanistan Campaign plates issued under this Section shall be
affixed only to passenger vehicles of the first division, motorcycles, and
motor vehicles of the second division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the staggered
multi-year procedure established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity plates or personalized
in accordance with Section 3-405.1 of this Code. The plates are not required
to designate "Land of
Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary shall, in his or her discretion, approve and prescribe stickers or decals
as provided under Section 3-412. (c) (Blank).
(Source: P.A. 99-127, eff. 1-1-16.) |
625 ILCS 5/3-670 (625 ILCS 5/3-670)
Sec. 3-670. Autism Awareness license plates. (a) The Secretary, upon receipt of an application made in the form
prescribed by the Secretary, may issue special registration plates
designated as Autism Awareness license plates. The special plates
issued
under this Section shall be affixed only to passenger vehicles of the first
division and motor vehicles of the second division weighing not more than
8,000 pounds. Plates issued under this Section shall expire according
to the multi-year procedure established by Section 3-414.1 of this Code.
(b) The design and color of the plates is wholly within the
discretion of the Secretary of State. The Secretary, in his or her discretion, may
allow the plates to be issued as vanity or personalized plates under Section
3-405.1 of this Code. The Secretary shall prescribe stickers or decals as
provided under Section 3-412 of this Code.
(c) An applicant for the special plate shall be charged a $40 fee
for original issuance in addition to the appropriate registration fee. Of
this fee, $25 shall be deposited into the Autism Awareness Fund and $15
shall be deposited into the Secretary of State Special License Plate Fund,
to be used by the Secretary to help defray the administrative processing
costs.
For each registration renewal period, a $27 fee, in addition to the
appropriate registration fee, shall be charged. Of this fee, $25 shall be
deposited into the Autism Awareness Fund and $2 shall be deposited into
the
Secretary of State Special License Plate Fund.
(d) The Autism Awareness Fund is created as a special fund in
the State treasury. All moneys in the Autism Awareness Fund shall be used,
subject to appropriation by the General Assembly, by the Illinois Department of Human Services for the purpose of grants for research, education, and awareness regarding autism and autism spectrum disorders.
(Source: P.A. 97-409, eff. 1-1-12.) |
625 ILCS 5/3-671 (625 ILCS 5/3-671)
Sec. 3-671. Boy Scout and Girl Scout license plates. (a) The Secretary, upon receipt of an application made in the form
prescribed by the Secretary, may issue special registration plates
designated to be Boy Scout and Girl Scout plates. The special plates issued
under
this Section shall be affixed only to passenger vehicles of the first division
or motor vehicles of the second division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the multi-year
procedure established by Section 3-414.1 of this Code.
(b) Except as provided in subsections (c) and (d), the design and color of the plates shall be wholly within the discretion
of the Secretary. Appropriate documentation, as determined by the
Secretary, shall accompany the application.
(c) The Secretary may issue Boy Scout plates bearing the Eagle Scout badge only to an applicant who provides written proof of Eagle Scout rank, in the form of appropriate documentation from the National Boy Scout Council. The Secretary shall make these plates available to qualified applicants.
(d) The Secretary may issue Girl Scout plates bearing the symbol of the Gold Award only to an applicant who provides written proof of Gold Award status, in the form of appropriate documentation from the National Office of the Girl Scouts of the U.S.A. The Secretary shall make these plates available to qualified applicants.
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