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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2958
Introduced 1/20/2006, by Sen. John M. Sullivan SYNOPSIS AS INTRODUCED: |
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15 ILCS 335/12 |
from Ch. 124, par. 32 |
625 ILCS 5/2-119 |
from Ch. 95 1/2, par. 2-119 |
625 ILCS 5/2-123 |
from Ch. 95 1/2, par. 2-123 |
625 ILCS 5/3-403 |
from Ch. 95 1/2, par. 3-403 |
625 ILCS 5/3-811 |
from Ch. 95 1/2, par. 3-811 |
625 ILCS 5/3-815.1 |
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625 ILCS 5/5-101 |
from Ch. 95 1/2, par. 5-101 |
625 ILCS 5/6-118 |
from Ch. 95 1/2, par. 6-118 |
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Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Provides that, beginning July 1, 2006, the moneys collected from specified fees shall be deposited into the Road Fund in the State treasury, rather than being deposited into other funds. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2958 |
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LRB094 19166 DRH 54701 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Identification Card Act is amended |
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| by changing Section 12 as follows:
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| (15 ILCS 335/12) (from Ch. 124, par. 32)
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| Sec. 12. Fees concerning Standard Illinois Identification |
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| Cards. The fees required under this Act for standard Illinois
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| Identification Cards must accompany any application provided |
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| for in this
Act, and the Secretary shall collect such fees as |
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| follows:
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12 | | a. Original card issued on or before |
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13 | | December 31, 2004 ........................
| $4 |
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14 | | Original card issued on or after | |
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15 | | January 1, 2005 ..........................
| $20
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16 | | b. Renewal card issued on or before |
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17 | | December 31, 2004 ......................... | 4 |
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18 | | Renewal card issued on or after | |
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19 | | January 1, 2005 ..........................
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20 | | c. Corrected card issued on or before |
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21 | | December 31, 2004 ......................... | 2 |
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22 | | Corrected card issued on or after | |
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23 | | January 1, 2005 ..........................
| 10
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24 | | d. Duplicate card issued on or before |
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25 | | December 31, 2004 ......................... | 4 |
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26 | | Duplicate card issued on or after | |
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27 | | January 1, 2005 ........................... | 20
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28 | | e. Certified copy with seal ................. |
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29 | | f. Search ................................... |
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30 | | g. Applicant 65 years of age or over ........ |
No Fee |
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31 | | h. Disabled applicant ....................... |
No Fee |
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32 | | i. Individual living in Veterans |
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SB2958 |
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LRB094 19166 DRH 54701 b |
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1 | | Home or Hospital ......................... |
No Fee |
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| All fees collected under this Act shall be paid into the |
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| Road Fund of the State treasury, except that through June 30, |
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| 2006, the following amounts shall be paid into the General |
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| Revenue Fund:
(i) $16 of the $20 fee for an original, renewal, |
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| or duplicate Illinois Identification Card issued on or after |
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| January 1, 2005 and before July 1, 2006 ;
and (ii) $8 of the $10 |
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| fee for a corrected Illinois Identification Card issued on or |
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| after January 1, 2005 and before July 1, 2006 .
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| Any disabled person making an application for a
standard |
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| Illinois Identification Card for no fee must,
along with the |
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| application, submit an affirmation by the applicant on a
form |
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| to be provided by the Secretary of State, attesting that such |
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| person
is a disabled person as defined in Section 4A of this |
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| Act.
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| An individual, who resides in a veterans home or veterans |
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| hospital
operated by the state or federal government, who makes |
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| an application for an
Illinois Identification Card to be issued |
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| at no fee, must submit, along
with the application, an |
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| affirmation by the applicant on a form provided by
the |
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| Secretary of State, that such person resides in a veterans home |
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| or
veterans hospital operated by the state or federal |
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| government.
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| (Source: P.A. 93-840, eff. 7-30-04.)
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| Section 10. The Illinois Vehicle Code is amended by |
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| changing Sections 2-119, 2-123, 3-403, 3-811, 3-815.1, 5-101, |
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| and 6-118 as follows:
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| (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
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| Sec. 2-119. Disposition of fees and taxes.
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| (a) All moneys received from Salvage Certificates shall be |
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| deposited in
the Common School Fund in the State Treasury.
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| (b) Beginning January 1, 1990 and concluding December 31, |
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| 1994, of the
money collected for each certificate of title, |
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| duplicate certificate of
title and corrected certificate of |
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SB2958 |
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LRB094 19166 DRH 54701 b |
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| title, $0.50 shall be deposited into the
Used Tire Management |
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| Fund. Beginning January 1, 1990 and concluding
December 31, |
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| 1994, of the money collected for each certificate of title,
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| duplicate certificate of title and corrected certificate of |
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| title, $1.50
shall be deposited in the Park and Conservation |
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| Fund.
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| Beginning January 1, 1995, of the money collected for each |
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| certificate of
title, duplicate certificate of title and |
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| corrected certificate of title, $2
shall be deposited in the |
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| Park and Conservation Fund. The moneys deposited in
the Park |
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| and Conservation Fund pursuant to this Section shall be used |
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| for the
acquisition and development of bike paths as provided |
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| for in Section 805-420 of
the Department of Natural Resources |
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| (Conservation) Law (20 ILCS 805/805-420).
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| Beginning January 1, 2000 and through June 30, 2006 , of
the
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| moneys collected for each certificate of title, duplicate |
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| certificate of title,
and corrected certificate of title, $48 |
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| shall be deposited into the Road Fund
and $4 shall be deposited |
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| into the Motor Vehicle License Plate Fund, except
that if the |
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| balance in the Motor Vehicle License Plate Fund exceeds |
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| $40,000,000
on the last day of a calendar month, then during |
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| the next calendar month the $4
shall instead be deposited into |
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| the Road Fund. Beginning July 1, 2006, of the moneys collected |
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| for each certificate of title, duplicate certificate of title, |
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| and corrected certificate of title, $52 shall be deposited into |
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| the Road Fund.
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| Beginning January 1, 2005 and through June 30, 2006 , of the |
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| moneys collected for each delinquent vehicle registration |
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| renewal fee, $20 shall be deposited into the General Revenue |
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| Fund. Beginning July 1, 2006, of the moneys collected for each |
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| delinquent vehicle registration renewal fee, $20 shall be |
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| deposited into the Road Fund.
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| Except as otherwise provided in this Code, all remaining |
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| moneys collected
for certificates of title, and all moneys |
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| collected for filing of security
interests, shall be placed in |
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| the General Revenue Fund in the State Treasury.
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LRB094 19166 DRH 54701 b |
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| (c) All moneys collected for that portion of a driver's |
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| license fee
designated for driver education under Section 6-118 |
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| shall be placed in
the Driver Education Fund in the State |
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| Treasury.
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| (d) Beginning January 1, 1999, of the monies collected as a |
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| registration
fee for each motorcycle, motor driven cycle and |
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| motorized pedalcycle, 27%
of each annual registration fee for |
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| such vehicle and 27% of each semiannual
registration fee for |
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| such vehicle is deposited in the Cycle Rider Safety
Training |
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| Fund.
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| (e) Of the monies received by the Secretary of State as |
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| registration
fees or taxes or as payment of any other fee, as |
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| provided in this Act, except
fees received by the Secretary |
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| under paragraph (7) of subsection (b) of Section
5-101 and |
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| Section 5-109 of this Code, 37% shall be deposited into the |
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| State
Construction Fund.
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| (f) Of the total money collected for a CDL instruction |
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| permit or
original or renewal issuance of a commercial driver's |
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| license (CDL)
pursuant to the Uniform Commercial Driver's |
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| License Act (UCDLA): (i) $6 of the
total fee for an original or |
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| renewal CDL, and $6 of the total CDL
instruction permit fee |
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| when such permit is issued to any person holding a
valid |
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| Illinois driver's license, shall be paid into the |
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| CDLIS/AAMVAnet
Trust Fund (Commercial Driver's License |
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| Information System/American
Association of Motor Vehicle |
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| Administrators network Trust Fund) and shall
be used for the |
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| purposes provided in Section 6z-23 of the State Finance Act
and |
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| (ii) $20 of the total fee for an original or renewal CDL or |
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| commercial
driver instruction permit shall be paid
into the |
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| Motor Carrier Safety Inspection Fund, which is hereby created |
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| as a
special fund in the State Treasury, to be used by
the |
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| Department
of State Police, subject to appropriation, to hire |
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| additional officers to
conduct motor carrier safety
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| inspections
pursuant to Chapter 18b of this Code.
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| (g) All remaining moneys received by the Secretary of State |
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| as
registration fees or taxes or as payment of any other fee, |
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LRB094 19166 DRH 54701 b |
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| as provided in
this Act, except fees received by the Secretary |
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| under paragraph (7)(A) of
subsection (b) of Section 5-101 and |
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| Section 5-109 of this Code,
shall be deposited in the Road Fund |
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| in the State Treasury. Moneys
in the Road Fund shall be used |
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| for the purposes provided in
Section 8.3 of the State Finance |
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| Act.
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| (h) (Blank).
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| (i) (Blank).
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| (j) (Blank).
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| (k) There is created in the State Treasury a special fund |
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| to be known as
the Secretary of State Special License Plate |
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| Fund. Money deposited into the
Fund shall, subject to |
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| appropriation, be used by the Office of the Secretary
of State |
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| (i) to help defray plate manufacturing and plate processing |
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| costs
for the issuance and, when applicable, renewal of any new |
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| or existing
registration plates authorized under this Code and |
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| (ii) for grants made by the
Secretary of State to benefit |
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| Illinois Veterans Home libraries.
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| On or before October 1, 1995, the Secretary of State shall |
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| direct the
State Comptroller and State Treasurer to transfer |
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| any unexpended balance in
the Special Environmental License |
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| Plate Fund, the Special Korean War Veteran
License Plate Fund, |
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| and the Retired Congressional License Plate Fund to the
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| Secretary of State Special License Plate Fund.
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| (l) The Motor Vehicle Review Board Fund is created as a |
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| special fund in
the State Treasury. Moneys deposited into the |
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| Fund under paragraph (7) of
subsection (b) of Section 5-101 and |
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| Section 5-109 shall,
subject to appropriation, be used by the |
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| Office of the Secretary of State to
administer the Motor |
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| Vehicle Review Board, including without
limitation payment of |
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| compensation and all necessary expenses incurred in
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| administering the Motor Vehicle Review Board under the Motor |
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| Vehicle Franchise
Act.
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| (m) Effective July 1, 1996, there is created in the State
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| Treasury a special fund to be known as the Family |
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| Responsibility Fund. Moneys
deposited into the Fund shall, |
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SB2958 |
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LRB094 19166 DRH 54701 b |
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| subject to appropriation, be used by the Office
of the |
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| Secretary of State for the purpose of enforcing the Family |
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| Financial
Responsibility Law.
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| (n) The Illinois Fire Fighters' Memorial Fund is created as |
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| a special
fund in the State Treasury. Moneys deposited into the |
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| Fund shall, subject
to appropriation, be used by the Office of |
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| the State Fire Marshal for
construction of the Illinois Fire |
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| Fighters' Memorial to be located at the
State Capitol grounds |
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| in Springfield, Illinois. Upon the completion of the
Memorial, |
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| moneys in the Fund shall be used in accordance with Section |
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| 3-634.
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| (o) Of the money collected for each certificate of title |
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| for all-terrain
vehicles and off-highway motorcycles, $17 |
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| shall be deposited into the
Off-Highway Vehicle Trails Fund.
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| (p) For audits conducted on or after July 1, 2003 pursuant |
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| to Section
2-124(d) of this Code, 50% of the money collected as |
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| audit fees shall be
deposited
into the General Revenue Fund.
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| (Source: P.A. 92-16, eff. 6-28-01; 93-32, eff. 7-1-03; 93-840, |
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| eff. 7-30-04.)
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| (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
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| Sec. 2-123. Sale and Distribution of Information.
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| (a) Except as otherwise provided in this Section, the |
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| Secretary may make the
driver's license, vehicle and title |
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| registration lists, in part or in whole,
and any statistical |
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| information derived from these lists available to local
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| governments, elected state officials, state educational |
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| institutions, and all
other governmental units of the State and |
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| Federal
Government
requesting them for governmental purposes. |
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| The Secretary shall require any such
applicant for services to |
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| pay for the costs of furnishing such services and the
use of |
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| the equipment involved, and in addition is empowered to |
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| establish prices
and charges for the services so furnished and |
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| for the use of the electronic
equipment utilized.
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| (b) The Secretary is further empowered to and he may, in |
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| his discretion,
furnish to any applicant, other than listed in |
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LRB094 19166 DRH 54701 b |
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| subsection (a) of this Section,
vehicle or driver data on a |
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| computer tape, disk, other electronic format or
computer |
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| processable medium, or printout at a fixed fee of
$250 for |
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| orders received before October 1, 2003 and $500 for orders |
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| received
on or after October 1, 2003, in advance, and require |
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| in addition a
further sufficient
deposit based upon the |
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| Secretary of State's estimate of the total cost of the
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| information requested and a charge of $25 for orders received |
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| before October
1, 2003 and $50 for orders received on or after |
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| October 1, 2003, per 1,000
units or part
thereof identified or |
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| the actual cost, whichever is greater. The Secretary is
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| authorized to refund any difference between the additional |
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| deposit and the
actual cost of the request. This service shall |
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| not be in lieu of an abstract
of a driver's record nor of a |
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| title or registration search. This service may
be limited to |
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| entities purchasing a minimum number of records as required by
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| administrative rule. The information
sold pursuant to this |
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| subsection shall be the entire vehicle or driver data
list, or |
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| part thereof. The information sold pursuant to this subsection
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| shall not contain personally identifying information unless |
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| the information is
to be used for one of the purposes |
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| identified in subsection (f-5) of this
Section. Commercial |
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| purchasers of driver and vehicle record databases shall
enter |
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| into a written agreement with the Secretary of State that |
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| includes
disclosure of the commercial use of the information to |
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| be purchased. |
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| (b-1) The Secretary is further empowered to and may, in his |
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| or her discretion, furnish vehicle or driver data on a computer |
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| tape, disk, or other electronic format or computer processible |
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| medium, at no fee, to any State or local governmental agency |
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| that uses the information provided by the Secretary to transmit |
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| data back to the Secretary that enables the Secretary to |
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| maintain accurate driving records, including dispositions of |
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| traffic cases. This information may be provided without fee not |
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| more often than once every 6 months.
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| (c) Secretary of State may issue registration lists. The |
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SB2958 |
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LRB094 19166 DRH 54701 b |
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| Secretary
of State shall compile and publish, at least |
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| annually, a list of all registered
vehicles. Each list of |
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| registered vehicles shall be arranged serially
according to the |
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| registration numbers assigned to registered vehicles and
shall |
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| contain in addition the names and addresses of registered |
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| owners and
a brief description of each vehicle including the |
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| serial or other
identifying number thereof. Such compilation |
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| may be in such form as in the
discretion of the Secretary of |
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| State may seem best for the purposes intended.
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| (d) The Secretary of State shall furnish no more than 2 |
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| current available
lists of such registrations to the sheriffs |
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| of all counties and to the chiefs
of police of all cities and |
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| villages and towns of 2,000 population and over
in this State |
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| at no cost. Additional copies may be purchased by the sheriffs
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| or chiefs of police at the fee
of $500 each or at the cost of |
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| producing the list as determined
by the Secretary of State. |
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| Such lists are to be used for governmental
purposes only.
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| (e) (Blank).
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| (e-1) (Blank).
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| (f) The Secretary of State shall make a title or |
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| registration search of the
records of his office and a written |
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| report on the same for any person, upon
written application of |
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| such person, accompanied by a fee of $5 for
each registration |
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| or title search. The written application shall set forth
the |
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| intended use of the requested information. No fee shall be |
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| charged for a
title or
registration search, or for the |
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| certification thereof requested by a government
agency. The |
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| report of the title or registration search shall not contain
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| personally identifying information unless the request for a |
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| search was made for
one of the purposes identified in |
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| subsection (f-5) of this Section. The report of the title or |
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| registration search shall not contain highly
restricted |
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| personal
information unless specifically authorized by this |
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| Code.
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| The Secretary of State shall certify a title or |
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| registration record upon
written request. The fee for |
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| certification shall be $5 in addition
to the fee required for a |
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| title or registration search. Certification shall
be made under |
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| the signature of the Secretary of State and shall be
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| authenticated by Seal of the Secretary of State.
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| The Secretary of State may notify the vehicle owner or |
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| registrant of
the request for purchase of his title or |
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| registration information as the
Secretary deems appropriate.
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| No information shall be released to the requestor until |
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| expiration of a
10 day period. This 10 day period shall not |
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| apply to requests for
information made by law enforcement |
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| officials, government agencies,
financial institutions, |
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| attorneys, insurers, employers, automobile
associated |
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| businesses, persons licensed as a private detective or firms
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| licensed as a private detective agency under the Private |
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| Detective, Private
Alarm, Private Security, and Locksmith Act |
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| of 2004, who are employed by or are
acting on
behalf of law |
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| enforcement officials, government agencies, financial
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| institutions, attorneys, insurers, employers, automobile |
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| associated businesses,
and other business entities for |
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| purposes consistent with the Illinois Vehicle
Code, the vehicle |
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| owner or registrant or other entities as the Secretary may
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| exempt by rule and regulation.
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| Any misrepresentation made by a requestor of title or |
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| vehicle information
shall be punishable as a petty offense, |
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| except in the case of persons
licensed as a private detective |
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| or firms licensed as a private detective agency
which shall be |
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| subject to disciplinary sanctions under Section 40-10 of the
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| Private Detective, Private Alarm, Private Security, and |
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| Locksmith Act of 2004.
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| (f-5) The Secretary of State shall not disclose or |
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| otherwise make
available to
any person or entity any personally |
32 |
| identifying information obtained by the
Secretary
of State in |
33 |
| connection with a driver's license, vehicle, or title |
34 |
| registration
record
unless the information is disclosed for one |
35 |
| of the following purposes:
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| (1) For use by any government agency, including any |
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SB2958 |
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| court or law
enforcement agency, in carrying out its |
2 |
| functions, or any private person or
entity acting on behalf |
3 |
| of a federal, State, or local agency in carrying out
its
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| functions.
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| (2) For use in connection with matters of motor vehicle |
6 |
| or driver safety
and theft; motor vehicle emissions; motor |
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| vehicle product alterations, recalls,
or advisories; |
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| performance monitoring of motor vehicles, motor vehicle |
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| parts,
and dealers; and removal of non-owner records from |
10 |
| the original owner
records of motor vehicle manufacturers.
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| (3) For use in the normal course of business by a |
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| legitimate business or
its agents, employees, or |
13 |
| contractors, but only:
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| (A) to verify the accuracy of personal information |
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| submitted by
an individual to the business or its |
16 |
| agents, employees, or contractors;
and
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| (B) if such information as so submitted is not |
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| correct or is no
longer correct, to obtain the correct |
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| information, but only for the
purposes of preventing |
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| fraud by, pursuing legal remedies against, or
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| recovering on a debt or security interest against, the |
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| individual.
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| (4) For use in research activities and for use in |
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| producing statistical
reports, if the personally |
25 |
| identifying information is not published,
redisclosed, or |
26 |
| used to
contact individuals.
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| (5) For use in connection with any civil, criminal, |
28 |
| administrative, or
arbitral proceeding in any federal, |
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| State, or local court or agency or before
any
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| self-regulatory body, including the service of process, |
31 |
| investigation in
anticipation of litigation, and the |
32 |
| execution or enforcement of judgments and
orders, or |
33 |
| pursuant to an order of a federal, State, or local court.
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| (6) For use by any insurer or insurance support |
35 |
| organization or by a
self-insured entity or its agents, |
36 |
| employees, or contractors in connection with
claims |
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SB2958 |
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LRB094 19166 DRH 54701 b |
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| investigation activities, antifraud activities, rating, or |
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| underwriting.
|
3 |
| (7) For use in providing notice to the owners of towed |
4 |
| or
impounded vehicles.
|
5 |
| (8) For use by any person licensed as a private |
6 |
| detective or firm licensed as a private
detective agency |
7 |
| under
the Private Detective, Private Alarm, Private |
8 |
| Security, and Locksmith Act of
1993, private investigative |
9 |
| agency or security service
licensed in Illinois for any |
10 |
| purpose permitted under this subsection.
|
11 |
| (9) For use by an employer or its agent or insurer to |
12 |
| obtain or verify
information relating to a holder of a |
13 |
| commercial driver's license that is
required under chapter |
14 |
| 313 of title 49 of the United States Code.
|
15 |
| (10) For use in connection with the operation of |
16 |
| private toll
transportation facilities.
|
17 |
| (11) For use by any requester, if the requester |
18 |
| demonstrates it has
obtained the written consent of the |
19 |
| individual to whom the information
pertains.
|
20 |
| (12) For use by members of the news media, as defined |
21 |
| in
Section 1-148.5, for the purpose of newsgathering when |
22 |
| the request relates to
the
operation of a motor vehicle or |
23 |
| public safety.
|
24 |
| (13) For any other use specifically authorized by law, |
25 |
| if that use is
related to the operation of a motor vehicle |
26 |
| or public safety. |
27 |
| (f-6) The Secretary of State shall not disclose or |
28 |
| otherwise make
available to any
person or entity any highly |
29 |
| restricted personal information obtained by the
Secretary of
|
30 |
| State in connection with a driver's license, vehicle, or
title |
31 |
| registration
record unless
specifically authorized by this |
32 |
| Code.
|
33 |
| (g) 1. The Secretary of State may, upon receipt of a |
34 |
| written request
and a fee of $6 before October 1, 2003 and |
35 |
| a fee of $12 on and after October
1, 2003, furnish to the |
36 |
| person or agency so requesting a
driver's record. Such |
|
|
|
SB2958 |
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LRB094 19166 DRH 54701 b |
|
|
1 |
| document may include a record of: current driver's
license |
2 |
| issuance information, except that the information on |
3 |
| judicial driving
permits shall be available only as |
4 |
| otherwise provided by this Code;
convictions; orders |
5 |
| entered revoking, suspending or cancelling a
driver's
|
6 |
| license or privilege; and notations of accident |
7 |
| involvement. All other
information, unless otherwise |
8 |
| permitted by
this Code, shall remain confidential. |
9 |
| Information released pursuant to a
request for a driver's |
10 |
| record shall not contain personally identifying
|
11 |
| information, unless the request for the driver's record was |
12 |
| made for one of the
purposes set forth in subsection (f-5) |
13 |
| of this Section.
|
14 |
| 2. The Secretary of State shall not disclose or |
15 |
| otherwise make available
to any
person or
entity any highly |
16 |
| restricted personal information obtained by the Secretary |
17 |
| of
State in
connection with a driver's license, vehicle, or |
18 |
| title
registration record
unless specifically
authorized |
19 |
| by this Code. The Secretary of State may certify an |
20 |
| abstract of a driver's record
upon written request |
21 |
| therefor. Such certification
shall be made under the |
22 |
| signature of the Secretary of State and shall be
|
23 |
| authenticated by the Seal of his office.
|
24 |
| 3. All requests for driving record information shall be |
25 |
| made in a manner
prescribed by the Secretary and shall set |
26 |
| forth the intended use of the
requested information.
|
27 |
| The Secretary of State may notify the affected driver |
28 |
| of the request
for purchase of his driver's record as the |
29 |
| Secretary deems appropriate.
|
30 |
| No information shall be released to the requester until |
31 |
| expiration of a
10 day period. This 10 day period shall not |
32 |
| apply to requests for information
made by law enforcement |
33 |
| officials, government agencies, financial institutions,
|
34 |
| attorneys, insurers, employers, automobile associated |
35 |
| businesses, persons
licensed as a private detective or |
36 |
| firms licensed as a private detective agency
under the |
|
|
|
SB2958 |
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LRB094 19166 DRH 54701 b |
|
|
1 |
| Private Detective, Private Alarm, Private Security, and |
2 |
| Locksmith Act
of 2004,
who are employed by or are acting on |
3 |
| behalf of law enforcement officials,
government agencies, |
4 |
| financial institutions, attorneys, insurers, employers,
|
5 |
| automobile associated businesses, and other business |
6 |
| entities for purposes
consistent with the Illinois Vehicle |
7 |
| Code, the affected driver or other
entities as the |
8 |
| Secretary may exempt by rule and regulation.
|
9 |
| Any misrepresentation made by a requestor of driver |
10 |
| information shall
be punishable as a petty offense, except |
11 |
| in the case of persons licensed as
a private detective or |
12 |
| firms licensed as a private detective agency which shall
be |
13 |
| subject to disciplinary sanctions under Section 40-10 of |
14 |
| the Private
Detective, Private Alarm, Private Security, |
15 |
| and Locksmith Act of 2004.
|
16 |
| 4. The Secretary of State may furnish without fee, upon |
17 |
| the written
request of a law enforcement agency, any |
18 |
| information from a driver's
record on file with the |
19 |
| Secretary of State when such information is required
in the |
20 |
| enforcement of this Code or any other law relating to the |
21 |
| operation
of motor vehicles, including records of |
22 |
| dispositions; documented
information involving the use of |
23 |
| a motor vehicle; whether such individual
has, or previously |
24 |
| had, a driver's license; and the address and personal
|
25 |
| description as reflected on said driver's record.
|
26 |
| 5. Except as otherwise provided in this Section, the |
27 |
| Secretary of
State may furnish, without fee, information |
28 |
| from an individual driver's
record on file, if a written |
29 |
| request therefor is submitted
by any public transit system |
30 |
| or authority, public defender, law enforcement
agency, a |
31 |
| state or federal agency, or an Illinois local |
32 |
| intergovernmental
association, if the request is for the |
33 |
| purpose of a background check of
applicants for employment |
34 |
| with the requesting agency, or for the purpose of
an |
35 |
| official investigation conducted by the agency, or to |
36 |
| determine a
current address for the driver so public funds |
|
|
|
SB2958 |
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LRB094 19166 DRH 54701 b |
|
|
1 |
| can be recovered or paid to
the driver, or for any other |
2 |
| purpose set forth in subsection (f-5)
of this Section.
|
3 |
| The Secretary may also furnish the courts a copy of an |
4 |
| abstract of a
driver's record, without fee, subsequent to |
5 |
| an arrest for a violation of
Section 11-501 or a similar |
6 |
| provision of a local ordinance. Such abstract
may include |
7 |
| records of dispositions; documented information involving
|
8 |
| the use of a motor vehicle as contained in the current |
9 |
| file; whether such
individual has, or previously had, a |
10 |
| driver's license; and the address and
personal description |
11 |
| as reflected on said driver's record.
|
12 |
| 6. Any certified abstract issued by the Secretary of |
13 |
| State or
transmitted electronically by the Secretary of |
14 |
| State pursuant to this
Section,
to a court or on request of |
15 |
| a law enforcement agency, for the record of a
named person |
16 |
| as to the status of the person's driver's license shall be
|
17 |
| prima facie evidence of the facts therein stated and if the |
18 |
| name appearing
in such abstract is the same as that of a |
19 |
| person named in an information or
warrant, such abstract |
20 |
| shall be prima facie evidence that the person named
in such |
21 |
| information or warrant is the same person as the person |
22 |
| named in
such abstract and shall be admissible for any |
23 |
| prosecution under this Code and
be admitted as proof of any |
24 |
| prior conviction or proof of records, notices, or
orders |
25 |
| recorded on individual driving records maintained by the |
26 |
| Secretary of
State.
|
27 |
| 7. Subject to any restrictions contained in the |
28 |
| Juvenile Court Act of
1987, and upon receipt of a proper |
29 |
| request and a fee of $6 before October 1,
2003 and a fee of |
30 |
| $12 on or after October 1, 2003, the
Secretary of
State |
31 |
| shall provide a driver's record to the affected driver, or |
32 |
| the affected
driver's attorney, upon verification. Such |
33 |
| record shall contain all the
information referred to in |
34 |
| paragraph 1 of this subsection (g) plus: any
recorded |
35 |
| accident involvement as a driver; information recorded |
36 |
| pursuant to
subsection (e) of Section 6-117 and paragraph |
|
|
|
SB2958 |
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LRB094 19166 DRH 54701 b |
|
|
1 |
| (4) of subsection (a) of
Section 6-204 of this Code. All |
2 |
| other information, unless otherwise permitted
by this |
3 |
| Code, shall remain confidential.
|
4 |
| (h) The Secretary shall not disclose social security |
5 |
| numbers or any associated information obtained from the Social |
6 |
| Security Administration except pursuant
to a written request |
7 |
| by, or with the prior written consent of, the
individual |
8 |
| except: (1) to officers and employees of the Secretary
who
have |
9 |
| a need to know the social security numbers in performance of |
10 |
| their
official duties, (2) to law enforcement officials for a |
11 |
| lawful, civil or
criminal law enforcement investigation, and if |
12 |
| the head of the law enforcement
agency has made a written |
13 |
| request to the Secretary specifying the law
enforcement |
14 |
| investigation for which the social security numbers are being
|
15 |
| sought, (3) to the United States Department of Transportation, |
16 |
| or any other
State, pursuant to the administration and |
17 |
| enforcement of the Commercial
Motor Vehicle Safety Act of 1986, |
18 |
| (4) pursuant to the order of a court
of competent jurisdiction, |
19 |
| or (5) to the Department of Healthcare and Family Services |
20 |
| (formerly Department of Public Aid ) for
utilization
in the |
21 |
| child support enforcement duties assigned to that Department |
22 |
| under
provisions of the Illinois Public Aid Code after the |
23 |
| individual has received advanced
meaningful notification of |
24 |
| what redisclosure is sought by the Secretary in
accordance with |
25 |
| the federal Privacy Act.
|
26 |
| (i) (Blank).
|
27 |
| (j) Medical statements or medical reports received in the |
28 |
| Secretary of
State's Office shall be confidential. No |
29 |
| confidential information may be
open to public inspection or |
30 |
| the contents disclosed to anyone, except
officers and employees |
31 |
| of the Secretary who have a need to know the information
|
32 |
| contained in the medical reports and the Driver License Medical |
33 |
| Advisory
Board, unless so directed by an order of a court of |
34 |
| competent jurisdiction.
|
35 |
| (k) All fees collected under this Section shall be paid |
36 |
| into the Road
Fund of the State Treasury, except that (i) for |
|
|
|
SB2958 |
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LRB094 19166 DRH 54701 b |
|
|
1 |
| fees collected before October
1, 2003, $3 of the $6 fee for a
|
2 |
| driver's record shall be paid into the Secretary of State |
3 |
| Special Services
Fund, (ii) for fees collected on and after |
4 |
| October 1, 2003 and before July 1, 2006 , of the $12 fee
for a |
5 |
| driver's record, $3 shall be paid into the Secretary of State |
6 |
| Special
Services Fund and $6 shall be paid into the General |
7 |
| Revenue Fund, and (ii)
(iii) for
fees collected on and after |
8 |
| October 1, 2003 and before July 1, 2006 , 50% of the amounts |
9 |
| collected
pursuant to subsection (b) shall be paid into the |
10 |
| General Revenue Fund.
|
11 |
| (l) (Blank).
|
12 |
| (m) Notations of accident involvement that may be disclosed |
13 |
| under this
Section shall not include notations relating to |
14 |
| damage to a vehicle or other
property being transported by a |
15 |
| tow truck. This information shall remain
confidential, |
16 |
| provided that nothing in this subsection (m) shall limit
|
17 |
| disclosure of any notification of accident involvement to any |
18 |
| law enforcement
agency or official.
|
19 |
| (n) Requests made by the news media for driver's license, |
20 |
| vehicle, or
title registration information may be furnished |
21 |
| without charge or at a reduced
charge, as determined by the |
22 |
| Secretary, when the specific purpose for
requesting the |
23 |
| documents is deemed to be in the public interest. Waiver or
|
24 |
| reduction of the fee is in the public interest if the principal |
25 |
| purpose of the
request is to access and disseminate information |
26 |
| regarding the health, safety,
and welfare or the legal rights |
27 |
| of the general public and is not for the
principal purpose of |
28 |
| gaining a personal or commercial benefit.
The information |
29 |
| provided pursuant to this subsection shall not contain
|
30 |
| personally identifying information unless the information is |
31 |
| to be used for one
of the
purposes identified in subsection |
32 |
| (f-5) of this Section.
|
33 |
| (o) The redisclosure of personally identifying information
|
34 |
| obtained
pursuant
to this Section is prohibited, except to the |
35 |
| extent necessary to effectuate the
purpose
for which the |
36 |
| original disclosure of the information was permitted.
|
|
|
|
SB2958 |
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LRB094 19166 DRH 54701 b |
|
|
1 |
| (p) The Secretary of State is empowered to adopt rules
to
|
2 |
| effectuate this Section.
|
3 |
| (Source: P.A. 93-32, eff. 7-1-03; 93-438, eff. 8-5-03; 93-895, |
4 |
| eff. 1-1-05; 94-56, eff. 6-17-05; revised 12-15-05.)
|
5 |
| (625 ILCS 5/3-403) (from Ch. 95 1/2, par. 3-403)
|
6 |
| Sec. 3-403. Trip and Short-term permits.
|
7 |
| (a) The Secretary of State may issue a short-term permit to |
8 |
| operate a
nonregistered first or second division vehicle within |
9 |
| the State of Illinois
for a period of not more than 7 days. Any |
10 |
| second division vehicle
operating
on such permit may operate |
11 |
| only on empty weight. The fee for the
short-term permit shall |
12 |
| be $6 for permits purchased on
or before June 30, 2003
and $10 |
13 |
| for permits purchased on or after July 1, 2003. For short-term
|
14 |
| permits purchased on or after July 1, 2003 and before July 1, |
15 |
| 2006 , $4 of the fee collected for the
purchase of each permit |
16 |
| shall be deposited into the General Revenue Fund. For short |
17 |
| term permits purchased on or after July 1, 2006, fees collected |
18 |
| for the purchase of each permit shall be deposited into the |
19 |
| Road Fund.
|
20 |
| This permit may also be issued to operate an unladen |
21 |
| registered vehicle
which is suspended under the Vehicle |
22 |
| Emissions Inspection Law and allow it
to be driven on the roads |
23 |
| and highways of the State in order to be repaired
or when |
24 |
| travelling to and from an emissions inspection station.
|
25 |
| (b) The Secretary of State may, subject to reciprocal |
26 |
| agreements,
arrangements or declarations made or entered into |
27 |
| pursuant to Section
3-402, 3-402.4 or by rule, provide for and |
28 |
| issue registration permits for
the use of Illinois highways by |
29 |
| vehicles of the second division on an
occasional basis or for a |
30 |
| specific and special short-term use, in
compliance with rules |
31 |
| and regulations promulgated by the Secretary of
State, and upon |
32 |
| payment of the prescribed fee as follows:
|
33 |
| One-trip permits. A registration permit for one trip, or |
34 |
| one round-trip
into and out of Illinois, for a period not to |
35 |
| exceed 72 consecutive hours
or 3 calendar days may be provided, |
|
|
|
SB2958 |
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LRB094 19166 DRH 54701 b |
|
|
1 |
| for a fee as prescribed in Section 3-811.
|
2 |
| One-Month permits. A registration permit for 30 days may be |
3 |
| provided for
a fee of $13 for registration plus 1/10 of the |
4 |
| flat weight tax.
The minimum fee for such permit shall be $31.
|
5 |
| In-transit permits. A registration permit for one trip may |
6 |
| be provided
for vehicles in transit by the driveaway or towaway |
7 |
| method and operated
by a transporter in compliance with the |
8 |
| Illinois Motor Carrier of Property
Law, for a fee as prescribed |
9 |
| in Section 3-811.
|
10 |
| Illinois Temporary Apportionment Authorization Permits. An |
11 |
| apportionment
authorization permit for forty-five days for the |
12 |
| immediate operation of
a vehicle upon application for and prior |
13 |
| to receiving apportioned credentials
or interstate credentials |
14 |
| from the State of Illinois. The fee for
such permit shall be |
15 |
| $3.
|
16 |
| Illinois Temporary Prorate Authorization Permit. A prorate |
17 |
| authorization
permit for forty-five days for the immediate |
18 |
| operation of a vehicle upon
application for and prior to |
19 |
| receiving prorate credentials or interstate
credentials from |
20 |
| the State of Illinois. The fee for such permit shall be
$3.
|
21 |
| (c) The Secretary of State shall promulgate by such rule or |
22 |
| regulation,
schedules of fees and taxes for such permits and in |
23 |
| computing the amount
or amounts due, may round off such amount |
24 |
| to the nearest full dollar amount.
|
25 |
| (d) The Secretary of State shall further prescribe the form |
26 |
| of application
and permit and may require such information and |
27 |
| data as necessary and proper,
including confirming the status |
28 |
| or identity of the applicant and the vehicle
in question.
|
29 |
| (e) Rules or regulations promulgated by the Secretary of |
30 |
| State under this
Section shall provide for reasonable and |
31 |
| proper limitations and restrictions
governing the application |
32 |
| for and issuance and use of permits, and shall
provide for the |
33 |
| number of permits per vehicle or per applicant, so as to
|
34 |
| preclude evasion of annual registration requirements as may be |
35 |
| required by
this Act.
|
36 |
| (f) Any permit under this Section is subject to suspension |
|
|
|
SB2958 |
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LRB094 19166 DRH 54701 b |
|
|
1 |
| or revocation
under this Act, and in addition, any such permit |
2 |
| is subject to suspension
or revocation should the Secretary of |
3 |
| State determine that the vehicle
identified in any permit |
4 |
| should be properly registered in Illinois. In the
event any |
5 |
| such permit is suspended or revoked, the permit is then null |
6 |
| and
void, may not be re-instated, nor is a refund therefor |
7 |
| available. The
vehicle identified in such permit may not |
8 |
| thereafter be operated in
Illinois without being properly |
9 |
| registered as provided in this Chapter.
|
10 |
| (Source: P.A. 92-680, eff. 7-16-02; 93-32, eff. 7-1-03.)
|
11 |
| (625 ILCS 5/3-811) (from Ch. 95 1/2, par. 3-811)
|
12 |
| Sec. 3-811. Drive-away and other permits - Fees.
|
13 |
| (a) Dealers may obtain drive-away permits for use as
|
14 |
| provided in
this Code, for a fee of $6 per permit for permits |
15 |
| purchased on or before
June 30, 2003 and $10 for permits |
16 |
| purchased on or after July 1, 2003.
For drive-away permits |
17 |
| purchased on or after July 1, 2003 and before July 1, 2006 , $4 |
18 |
| of the fee
collected for the purchase of each permit shall be |
19 |
| deposited into the General
Revenue Fund. For drive-away permits |
20 |
| purchased on or after July 1, 2006, $4 of the fee collected for |
21 |
| the purchase of each permit shall be deposited into the Road |
22 |
| Fund.
|
23 |
| (b) Transporters may obtain one-trip permits for vehicles |
24 |
| in transit for
use as provided in this Code, for a fee of $6 per |
25 |
| permit for permits
purchased on or before June 30, 2003 and $10 |
26 |
| for permits purchased on or
after July 1, 2003. For one-trip |
27 |
| permits purchased on or after July 1, 2003 and before July 1, |
28 |
| 2006 ,
$4 of the fee collected from the purchase of each permit |
29 |
| shall be
deposited into the General Revenue Fund. For one-trip |
30 |
| permits purchased on or after July 1, 2006, $4 of the fee |
31 |
| collected from the purchase of each permit shall be deposited |
32 |
| into the Road Fund.
|
33 |
| (c) Non-residents may likewise obtain a drive-away
permit |
34 |
| from the
Secretary of State to export a motor vehicle purchased |
35 |
| in Illinois, for a
fee of $6 per permit for permits purchased |
|
|
|
SB2958 |
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LRB094 19166 DRH 54701 b |
|
|
1 |
| on or before June 30, 2003 and
$10 for permits purchased on or |
2 |
| after July 1, 2003. For drive-away permits
purchased on or |
3 |
| after July 1, 2003 and before July 1, 2006 , $4 of the fee |
4 |
| collected for the purchase
of each permit shall be deposited |
5 |
| into the General Revenue Fund. For drive-away permits purchased |
6 |
| on or after July 1, 2006, $4 of the fee collected for the |
7 |
| purchase of each permit shall be deposited into the Road Fund.
|
8 |
| (d) One-trip permits may be obtained for an occasional |
9 |
| single trip by a
vehicle as provided in this Code, upon payment |
10 |
| of a fee of $19.
|
11 |
| (e) One month permits may likewise be obtained for the fees |
12 |
| and taxes
prescribed in this Code and as promulgated by the |
13 |
| Secretary of State.
|
14 |
| (Source: P.A. 92-680, eff. 7-16-02; 93-32, eff. 7-1-03.)
|
15 |
| (625 ILCS 5/3-815.1)
|
16 |
| Sec. 3-815.1. Commercial distribution fee. Beginning July |
17 |
| 1, 2003, in
addition to any tax or fee imposed under this Code:
|
18 |
| (a) Vehicles of the second division with a gross |
19 |
| vehicle weight that
exceeds 8,000 pounds and that incur any |
20 |
| tax or fee under subsection (a) of
Section 3-815 of this |
21 |
| Code or subsection (a) of Section 3-818 of this Code, as
|
22 |
| applicable, shall pay to the Secretary of State a |
23 |
| commercial
distribution fee, for each registration year, |
24 |
| for the use of the public
highways, State infrastructure, |
25 |
| and State services, in an amount equal to: (i) for a |
26 |
| registration year beginning on or after July 1, 2003 and |
27 |
| before July 1, 2005, 36%
of the taxes and fees incurred |
28 |
| under subsection (a) of Section 3-815 of this
Code, or |
29 |
| subsection (a) of Section 3-818 of this Code, as |
30 |
| applicable, rounded
up to the nearest whole dollar; (ii) |
31 |
| for a registration year beginning on or after July 1, 2005 |
32 |
| and before July 1, 2006, 21.5%
of the taxes and fees |
33 |
| incurred under subsection (a) of Section 3-815 of this
|
34 |
| Code, or subsection (a) of Section 3-818 of this Code, as |
35 |
| applicable, rounded
up to the nearest whole dollar; and |
|
|
|
SB2958 |
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LRB094 19166 DRH 54701 b |
|
|
1 |
| (iii) for a registration year beginning on or after July 1, |
2 |
| 2006, 14.35%
of the taxes and fees incurred under |
3 |
| subsection (a) of Section 3-815 of this
Code, or subsection |
4 |
| (a) of Section 3-818 of this Code, as applicable, rounded
|
5 |
| up to the nearest whole dollar.
|
6 |
| (b) Until June 30, 2004, vehicles of the second |
7 |
| division with a gross vehicle weight of 8,000
pounds or |
8 |
| less and that incur any tax or fee under subsection (a) of |
9 |
| Section
3-815 of this Code or subsection (a) of Section |
10 |
| 3-818 of this Code, as
applicable, and have claimed the |
11 |
| rolling stock exemption under the Retailers'
Occupation |
12 |
| Tax Act, Use Tax Act, Service Occupation Tax Act, or |
13 |
| Service Use Tax
Act shall pay to the Illinois Department of |
14 |
| Revenue (or the Secretary of State
under an |
15 |
| intergovernmental agreement) a commercial distribution |
16 |
| fee, for each
registration year, for the use of the public |
17 |
| highways, State infrastructure,
and State services, in an |
18 |
| amount equal to 36% of the taxes and fees incurred
under |
19 |
| subsection (a) of Section 3-815 of this Code or subsection |
20 |
| (a) of Section
3-818 of this Code, as applicable, rounded |
21 |
| up to the nearest whole dollar.
|
22 |
| Through June 30, 2006, the
The fees paid under this Section |
23 |
| shall be deposited by the Secretary of State
into the General |
24 |
| Revenue Fund. Beginning July 1, 2006, the fees paid under this |
25 |
| Section shall be deposited by the Secretary of State into the |
26 |
| Road Fund.
|
27 |
| (Source: P.A. 93-23, eff. 6-20-03; 93-1033, eff. 9-3-04.)
|
28 |
| (625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
|
29 |
| Sec. 5-101. New vehicle dealers must be licensed.
|
30 |
| (a) No person shall engage in this State in the business of |
31 |
| selling
or dealing in, on consignment or otherwise, new |
32 |
| vehicles of any make, or
act as an intermediary or agent or |
33 |
| broker for any licensed dealer or
vehicle purchaser other than |
34 |
| as a salesperson, or represent or advertise
that he is so |
35 |
| engaged or intends to so engage in such business unless
|
|
|
|
SB2958 |
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LRB094 19166 DRH 54701 b |
|
|
1 |
| licensed to do so in writing by the Secretary of State under |
2 |
| the
provisions of this Section.
|
3 |
| (b) An application for a new vehicle dealer's license shall |
4 |
| be filed
with the Secretary of State, duly verified by oath, on |
5 |
| such form as the
Secretary of State may by rule or regulation |
6 |
| prescribe and shall contain:
|
7 |
| 1. The name and type of business organization of the |
8 |
| applicant and
his established and additional places of |
9 |
| business, if any, in this State.
|
10 |
| 2. If the applicant is a corporation, a list of its |
11 |
| officers,
directors, and shareholders having a ten percent |
12 |
| or greater ownership
interest in the corporation, setting |
13 |
| forth the residence address of
each; if the applicant is a |
14 |
| sole proprietorship, a partnership, an
unincorporated |
15 |
| association, a trust, or any similar form of business
|
16 |
| organization, the name and residence address of the |
17 |
| proprietor or of
each partner, member, officer, director, |
18 |
| trustee, or manager.
|
19 |
| 3. The make or makes of new vehicles which the |
20 |
| applicant will offer
for sale at retail in this State.
|
21 |
| 4. The name of each manufacturer or franchised |
22 |
| distributor, if any,
of new vehicles with whom the |
23 |
| applicant has contracted for the sale of
such new vehicles. |
24 |
| As evidence of this fact, the application shall be
|
25 |
| accompanied by a signed statement from each such |
26 |
| manufacturer or
franchised distributor. If the applicant |
27 |
| is in the business of
offering for sale new conversion |
28 |
| vehicles, trucks or vans, except for
trucks modified to |
29 |
| serve a special purpose which includes but is not
limited |
30 |
| to the following vehicles: street sweepers, fertilizer |
31 |
| spreaders,
emergency vehicles, implements of husbandry or |
32 |
| maintenance type vehicles,
he must furnish evidence of a |
33 |
| sales and service agreement from both the
chassis |
34 |
| manufacturer and second stage manufacturer.
|
35 |
| 5. A statement that the applicant has been approved for |
36 |
| registration
under the Retailers' Occupation Tax Act by the |
|
|
|
SB2958 |
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LRB094 19166 DRH 54701 b |
|
|
1 |
| Department of Revenue:
Provided that this requirement does |
2 |
| not apply to a dealer who is already
licensed hereunder |
3 |
| with the Secretary of State, and who is merely applying
for |
4 |
| a renewal of his license. As evidence of this fact, the |
5 |
| application
shall be accompanied by a certification from |
6 |
| the Department of Revenue
showing that that Department has |
7 |
| approved the applicant for registration
under the |
8 |
| Retailers' Occupation Tax Act.
|
9 |
| 6. A statement that the applicant has complied with the |
10 |
| appropriate
liability insurance requirement. A Certificate |
11 |
| of Insurance in a solvent
company authorized to do business |
12 |
| in the State of Illinois shall be included
with each |
13 |
| application covering each location at which he proposes to |
14 |
| act
as a new vehicle dealer. The policy must provide |
15 |
| liability coverage in
the minimum amounts of $100,000 for |
16 |
| bodily injury to, or death of, any person,
$300,000 for |
17 |
| bodily injury to, or death of, two or more persons in any |
18 |
| one
accident, and $50,000 for damage to property. Such |
19 |
| policy shall expire
not sooner than December 31 of the year |
20 |
| for which the license was issued
or renewed. The expiration |
21 |
| of the insurance policy shall not terminate
the liability |
22 |
| under the policy arising during the period for which the
|
23 |
| policy was filed. Trailer and mobile home dealers are |
24 |
| exempt from this
requirement.
|
25 |
| If the permitted user has a liability insurance policy |
26 |
| that provides
automobile
liability insurance coverage of |
27 |
| at least $100,000 for bodily injury to or the
death of any
|
28 |
| person, $300,000 for bodily injury to or the death of any 2 |
29 |
| or more persons in
any one
accident, and $50,000 for damage |
30 |
| to property,
then the permitted user's insurer shall be the |
31 |
| primary
insurer and the
dealer's insurer shall be the |
32 |
| secondary insurer. If the permitted user does not
have a |
33 |
| liability
insurance policy that provides automobile |
34 |
| liability insurance coverage of at
least
$100,000 for |
35 |
| bodily injury to or the death of any person, $300,000 for |
36 |
| bodily
injury to or the death of any 2 or more persons in |
|
|
|
SB2958 |
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LRB094 19166 DRH 54701 b |
|
|
1 |
| any one accident, and
$50,000 for damage to property, or |
2 |
| does not have any insurance at all,
then the dealer's |
3 |
| insurer shall be the primary insurer and the permitted |
4 |
| user's
insurer shall be the secondary
insurer.
|
5 |
| When a permitted user is "test driving" a new vehicle |
6 |
| dealer's automobile,
the new vehicle dealer's insurance |
7 |
| shall be primary and the permitted user's
insurance shall |
8 |
| be secondary.
|
9 |
| As used in this paragraph 6, a "permitted user" is a |
10 |
| person who, with the
permission of the new vehicle dealer |
11 |
| or an employee of the new vehicle dealer,
drives a vehicle |
12 |
| owned and held for sale or lease by the new vehicle dealer
|
13 |
| which the person is considering
to purchase or lease, in |
14 |
| order to evaluate the performance, reliability, or
|
15 |
| condition of the vehicle.
The term "permitted user" also |
16 |
| includes a person who, with the permission of
the new
|
17 |
| vehicle dealer, drives a vehicle owned or held for sale or |
18 |
| lease by the new
vehicle dealer
for loaner purposes while |
19 |
| the user's vehicle is being repaired or evaluated.
|
20 |
| As used in this paragraph 6, "test driving" occurs when |
21 |
| a permitted user
who,
with the permission of the new |
22 |
| vehicle dealer or an employee of the new vehicle
dealer, |
23 |
| drives a vehicle owned and held for sale or lease by a new |
24 |
| vehicle
dealer that the person is considering to purchase |
25 |
| or lease, in order to
evaluate the performance, |
26 |
| reliability, or condition of the
vehicle.
|
27 |
| As used in this paragraph 6, "loaner purposes" means |
28 |
| when a person who,
with the permission of the new vehicle |
29 |
| dealer, drives a vehicle owned or held
for sale or lease by |
30 |
| the new vehicle dealer while the
user's vehicle is being |
31 |
| repaired or evaluated.
|
32 |
| 7. (A) An application for a new motor vehicle dealer's |
33 |
| license shall be
accompanied by the following license fees:
|
34 |
| $1,000 for applicant's established place of |
35 |
| business, and
$100 for each
additional place of |
36 |
| business, if any, to which the application
pertains; |
|
|
|
SB2958 |
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LRB094 19166 DRH 54701 b |
|
|
1 |
| but if the application is made after June 15 of any |
2 |
| year, the license
fee shall be $500 for applicant's |
3 |
| established place of business
plus
$50 for each |
4 |
| additional place of business, if any, to which the
|
5 |
| application pertains. License fees shall be returnable |
6 |
| only in the event that
the application is denied by the |
7 |
| Secretary of State.
All moneys received by the |
8 |
| Secretary of State as license fees under paragraph
|
9 |
| (7)(A) of subsection (b) of this Section prior to |
10 |
| applications for the 2004
licensing year
shall be
|
11 |
| deposited into the Motor Vehicle Review Board Fund and |
12 |
| shall
be used to administer the Motor Vehicle Review |
13 |
| Board under the Motor Vehicle
Franchise Act. Of the |
14 |
| money received by the Secretary of State as license
|
15 |
| fees under paragraph (7)(A) of subsection (b) of this |
16 |
| Section for the 2004
through the 2007 licensing years
|
17 |
| year and
thereafter , 10% shall
be deposited into the |
18 |
| Motor Vehicle Review Board Fund and shall be used to
|
19 |
| administer the Motor Vehicle Review Board under the |
20 |
| Motor Vehicle Franchise Act
and 90% shall be deposited |
21 |
| into the General Revenue Fund. Of the moneys received |
22 |
| by the Secretary of State as license fees under |
23 |
| subdivision (7)(A) of this subsection (b) for the 2008 |
24 |
| licensing year and thereafter, 10% shall be deposited |
25 |
| into the Motor Vehicle Review Board Fund under the |
26 |
| Motor Vehicle Franchise Act and 90% shall be deposited |
27 |
| into the Road Fund.
|
28 |
| (B) An application for a new vehicle dealer's |
29 |
| license, other than for
a new motor vehicle dealer's |
30 |
| license, shall be accompanied by the following
license |
31 |
| fees:
|
32 |
| $1,000 for applicant's established place of |
33 |
| business, and
$50 for each
additional place of |
34 |
| business, if any, to which the application pertains; |
35 |
| but if
the application is made after June 15 of any |
36 |
| year, the license fee shall be
$500
for applicant's |
|
|
|
SB2958 |
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LRB094 19166 DRH 54701 b |
|
|
1 |
| established place of business plus $25 for each
|
2 |
| additional
place of business, if any, to which the |
3 |
| application pertains. License fees
shall be returnable |
4 |
| only in the event that the application is denied by the
|
5 |
| Secretary of State. Of the money received by the |
6 |
| Secretary of State as
license fees under this |
7 |
| subsection for the 2004 through the 2007 licensing |
8 |
| years
year and thereafter ,
95% shall be deposited into |
9 |
| the General Revenue Fund. Of the moneys received by the |
10 |
| Secretary of State as license fees under this |
11 |
| subsection (b) for the 2008 licensing year and |
12 |
| thereafter, 95% shall be deposited into the Road Fund.
|
13 |
| 8. A statement that the applicant's officers, |
14 |
| directors,
shareholders having a 10% or greater ownership |
15 |
| interest
therein, proprietor, a partner, member, officer, |
16 |
| director, trustee, manager
or other principals in the |
17 |
| business have not committed in the past 3
years any one |
18 |
| violation as determined in any civil, criminal or
|
19 |
| administrative proceedings of any one of the following |
20 |
| Acts:
|
21 |
| (A) The Anti Theft Laws of the Illinois Vehicle |
22 |
| Code;
|
23 |
| (B) The Certificate of Title Laws of the Illinois |
24 |
| Vehicle Code;
|
25 |
| (C) The Offenses against Registration and |
26 |
| Certificates of Title
Laws of the Illinois Vehicle |
27 |
| Code;
|
28 |
| (D) The Dealers, Transporters, Wreckers and |
29 |
| Rebuilders
Laws of the Illinois Vehicle Code;
|
30 |
| (E) Section 21-2 of the Criminal Code of 1961, |
31 |
| Criminal Trespass to
Vehicles; or
|
32 |
| (F) The Retailers' Occupation Tax Act.
|
33 |
| 9. A statement that the applicant's officers, |
34 |
| directors,
shareholders having a 10% or greater ownership |
35 |
| interest
therein, proprietor, partner, member, officer, |
36 |
| director, trustee, manager
or other principals in the |
|
|
|
SB2958 |
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LRB094 19166 DRH 54701 b |
|
|
1 |
| business have not committed in any calendar year
3 or more |
2 |
| violations, as determined in any civil, criminal or
|
3 |
| administrative proceedings, of any one or more of the |
4 |
| following Acts:
|
5 |
| (A) The Consumer Finance Act;
|
6 |
| (B) The Consumer Installment Loan Act;
|
7 |
| (C) The Retail Installment Sales Act;
|
8 |
| (D) The Motor Vehicle Retail Installment Sales |
9 |
| Act;
|
10 |
| (E) The Interest Act;
|
11 |
| (F) The Illinois Wage Assignment Act;
|
12 |
| (G) Part 8 of Article XII of the Code of Civil |
13 |
| Procedure; or
|
14 |
| (H) The Consumer Fraud Act.
|
15 |
| 10. A bond or certificate of deposit in the amount of |
16 |
| $20,000 for
each location at which the applicant intends to |
17 |
| act as a new vehicle
dealer. The bond shall be for the term |
18 |
| of the license, or its renewal, for
which application is |
19 |
| made, and shall expire not sooner than
December 31 of the |
20 |
| year for which the license was issued or renewed. The bond
|
21 |
| shall run to the People of the State of Illinois, with |
22 |
| surety by a bonding or
insurance company authorized to do |
23 |
| business in this State. It shall be
conditioned upon the |
24 |
| proper transmittal of all title and registration fees and
|
25 |
| taxes (excluding taxes under the Retailers' Occupation Tax |
26 |
| Act) accepted by the
applicant as a new vehicle dealer.
|
27 |
| 11. Such other information concerning the business of |
28 |
| the applicant as
the Secretary of State may by rule or |
29 |
| regulation prescribe.
|
30 |
| 12. A statement that the applicant understands Chapter |
31 |
| One through
Chapter Five of this Code.
|
32 |
| (c) Any change which renders no longer accurate any |
33 |
| information
contained in any application for a new vehicle |
34 |
| dealer's license shall be
amended within 30 days after the |
35 |
| occurrence of such change on such form
as the Secretary of |
36 |
| State may prescribe by rule or regulation,
accompanied by an |
|
|
|
SB2958 |
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LRB094 19166 DRH 54701 b |
|
|
1 |
| amendatory fee of $2.
|
2 |
| (d) Anything in this Chapter 5 to the contrary |
3 |
| notwithstanding no
person shall be licensed as a new vehicle |
4 |
| dealer unless:
|
5 |
| 1. He is authorized by contract in writing between |
6 |
| himself and the
manufacturer or franchised distributor of |
7 |
| such make of vehicle to so
sell the same in this State, and
|
8 |
| 2. Such person shall maintain an established place of |
9 |
| business as
defined in this Act.
|
10 |
| (e) The Secretary of State shall, within a reasonable time |
11 |
| after
receipt, examine an application submitted to him under |
12 |
| this Section and
unless he makes a determination that the |
13 |
| application submitted to him
does not conform with the |
14 |
| requirements of this Section or that grounds
exist for a denial |
15 |
| of the application, under Section 5-501 of this
Chapter, grant |
16 |
| the applicant an original new vehicle dealer's license in
|
17 |
| writing for his established place of business and a |
18 |
| supplemental license
in writing for each additional place of |
19 |
| business in such form as he may
prescribe by rule or regulation |
20 |
| which shall include the following:
|
21 |
| 1. The name of the person licensed;
|
22 |
| 2. If a corporation, the name and address of its |
23 |
| officers or if a
sole proprietorship, a partnership, an |
24 |
| unincorporated association or any
similar form of business |
25 |
| organization, the name and address of the
proprietor or of |
26 |
| each partner, member, officer, director, trustee or
|
27 |
| manager;
|
28 |
| 3. In the case of an original license, the established |
29 |
| place of
business of the licensee;
|
30 |
| 4. In the case of a supplemental license, the |
31 |
| established place of
business of the licensee and the |
32 |
| additional place of business to which such
supplemental |
33 |
| license pertains;
|
34 |
| 5. The make or makes of new vehicles which the licensee |
35 |
| is licensed
to sell.
|
36 |
| (f) The appropriate instrument evidencing the license or a |
|
|
|
SB2958 |
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LRB094 19166 DRH 54701 b |
|
|
1 |
| certified
copy thereof, provided by the Secretary of State, |
2 |
| shall be kept posted
conspicuously in the established place of |
3 |
| business of the licensee and
in each additional place of |
4 |
| business, if any, maintained by such
licensee.
|
5 |
| (g) Except as provided in subsection (h) hereof, all new |
6 |
| vehicle
dealer's licenses granted under this Section shall |
7 |
| expire by operation
of law on December 31 of the calendar year |
8 |
| for which they are granted
unless sooner revoked or cancelled |
9 |
| under the provisions of Section 5-501
of this Chapter.
|
10 |
| (h) A new vehicle dealer's license may be renewed upon |
11 |
| application
and payment of the fee required herein, and |
12 |
| submission of proof of
coverage under an approved bond under |
13 |
| the "Retailers' Occupation Tax
Act" or proof that applicant is |
14 |
| not subject to such bonding
requirements, as in the case of an |
15 |
| original license, but in case an
application for the renewal of |
16 |
| an effective license is made during the
month of December, the |
17 |
| effective license shall remain in force until the
application |
18 |
| is granted or denied by the Secretary of State.
|
19 |
| (i) All persons licensed as a new vehicle dealer are |
20 |
| required to
furnish each purchaser of a motor vehicle:
|
21 |
| 1. In the case of a new vehicle a manufacturer's |
22 |
| statement of origin
and in the case of a used motor vehicle |
23 |
| a certificate of title, in
either case properly assigned to |
24 |
| the purchaser;
|
25 |
| 2. A statement verified under oath that all identifying |
26 |
| numbers on
the vehicle agree with those on the certificate |
27 |
| of title or
manufacturer's statement of origin;
|
28 |
| 3. A bill of sale properly executed on behalf of such |
29 |
| person;
|
30 |
| 4. A copy of the Uniform Invoice-transaction reporting |
31 |
| return
referred to in Section 5-402 hereof;
|
32 |
| 5. In the case of a rebuilt vehicle, a copy of the |
33 |
| Disclosure of Rebuilt
Vehicle Status; and
|
34 |
| 6. In the case of a vehicle for which the warranty has |
35 |
| been reinstated, a
copy of the warranty.
|
36 |
| (j) Except at the time of sale or repossession of the |
|
|
|
SB2958 |
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LRB094 19166 DRH 54701 b |
|
|
1 |
| vehicle, no person
licensed as a new vehicle dealer may issue |
2 |
| any other person a newly created
key to a vehicle unless the |
3 |
| new vehicle dealer makes a copy of the driver's
license or |
4 |
| State identification card of the person requesting or obtaining |
5 |
| the
newly created key. The new vehicle dealer must retain the |
6 |
| copy for 30 days.
|
7 |
| A new vehicle dealer who violates this subsection (j) is |
8 |
| guilty of a
petty offense. Violation of this subsection (j) is |
9 |
| not cause to suspend,
revoke,
cancel, or deny renewal of the |
10 |
| new vehicle dealer's license.
|
11 |
| This amendatory Act of 1983 shall be applicable to the 1984 |
12 |
| registration
year and thereafter.
|
13 |
| (Source: P.A. 92-391, eff. 8-16-01; 92-835, eff. 6-1-03; 93-32, |
14 |
| eff. 7-1-03.)
|
15 |
| (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
|
16 |
| Sec. 6-118. Fees.
|
17 |
| (a) The fee for licenses and permits under this
Article is |
18 |
| as follows:
|
19 |
| Original driver's license ............................$10
|
20 |
| Original or renewal driver's license
|
21 |
| issued to 18, 19 and 20 year olds ..................5
|
22 |
| All driver's licenses for persons
|
23 |
| age 69 through age 80 ..............................5
|
24 |
| All driver's licenses for persons
|
25 |
| age 81 through age 86 ..............................2
|
26 |
| All driver's licenses for persons
|
27 |
| age 87 or older ....................................0
|
28 |
| Renewal driver's license (except for
|
29 |
| applicants ages 18, 19 and 20 or
|
30 |
| age 69 and older) .................................10
|
31 |
| Original instruction permit issued to
|
32 |
| persons (except those age 69 and older)
|
33 |
| who do not hold or have not previously
|
34 |
| held an Illinois instruction permit or
|
35 |
| driver's license ..................................20
|
|
|
|
SB2958 |
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LRB094 19166 DRH 54701 b |
|
|
1 |
| Instruction permit issued to any person
|
2 |
| holding an Illinois driver's license
|
3 |
| who wishes a change in classifications,
|
4 |
| other than at the time of renewal ..................5
|
5 |
| Any instruction permit issued to a person
|
6 |
| age 69 and older ...................................5
|
7 |
| Instruction permit issued to any person,
|
8 |
| under age 69, not currently holding a
|
9 |
| valid Illinois driver's license or
|
10 |
| instruction permit but who has
|
11 |
| previously been issued either document
|
12 |
| in Illinois .......................................10
|
13 |
| Restricted driving permit ..............................8
|
14 |
| Duplicate or corrected driver's license
|
15 |
| or permit ..........................................5
|
16 |
| Duplicate or corrected restricted
|
17 |
| driving permit .....................................5
|
18 |
| Original or renewal M or L endorsement .................5
|
19 |
| SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
|
20 |
| The fees for commercial driver licenses and permits |
21 |
| under Article V
shall be as follows:
|
22 |
| Commercial driver's license:
|
23 |
| $6 for the CDLIS/AAMVAnet Fund
|
24 |
| (Commercial Driver's License Information
|
25 |
| System/American Association of Motor Vehicle
|
26 |
| Administrators network Trust Fund);
|
27 |
| $20 for the Motor Carrier Safety Inspection Fund;
|
28 |
| $10 for the driver's license;
|
29 |
| and $24 for the CDL: .............................$60
|
30 |
| Renewal commercial driver's license:
|
31 |
| $6 for the CDLIS/AAMVAnet Trust Fund;
|
32 |
| $20 for the Motor Carrier Safety Inspection Fund;
|
33 |
| $10 for the driver's license; and
|
34 |
| $24 for the CDL: .................................$60
|
35 |
| Commercial driver instruction permit
|
36 |
| issued to any person holding a valid
|
|
|
|
SB2958 |
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LRB094 19166 DRH 54701 b |
|
|
1 |
| Illinois driver's license for the
|
2 |
| purpose of changing to a
|
3 |
| CDL classification: $6 for the
|
4 |
| CDLIS/AAMVAnet Trust Fund;
|
5 |
| $20 for the Motor Carrier
|
6 |
| Safety Inspection Fund; and
|
7 |
| $24 for the CDL classification ...................$50
|
8 |
| Commercial driver instruction permit
|
9 |
| issued to any person holding a valid
|
10 |
| Illinois CDL for the purpose of
|
11 |
| making a change in a classification,
|
12 |
| endorsement or restriction ........................$5
|
13 |
| CDL duplicate or corrected license ....................$5
|
14 |
| In order to ensure the proper implementation of the Uniform |
15 |
| Commercial
Driver License Act, Article V of this Chapter, the |
16 |
| Secretary of State is
empowered to pro-rate the $24 fee for the |
17 |
| commercial driver's license
proportionate to the expiration |
18 |
| date of the applicant's Illinois driver's
license.
|
19 |
| The fee for any duplicate license or permit shall be waived |
20 |
| for any
person age 60 or older who presents the Secretary of |
21 |
| State's office with a
police report showing that his license or |
22 |
| permit was stolen.
|
23 |
| No additional fee shall be charged for a driver's license, |
24 |
| or for a
commercial driver's license, when issued
to the holder |
25 |
| of an instruction permit for the same classification or
type of |
26 |
| license who becomes eligible for such
license.
|
27 |
| (b) Any person whose license or privilege to operate a |
28 |
| motor vehicle
in this State has been suspended or revoked under |
29 |
| any
provision of
Chapter 6, Chapter 11, or Section 7-205, |
30 |
| 7-303, or 7-702 of the Family
Financial
Responsibility Law of |
31 |
| this Code, shall in addition to any other
fees required by this |
32 |
| Code, pay a reinstatement fee as follows:
|
33 |
| Summary suspension under Section 11-501.1 ...........$250
|
34 |
| Other suspension .....................................$70
|
35 |
| Revocation ..........................................$500
|
36 |
| However, any person whose license or privilege to operate a |
|
|
|
SB2958 |
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LRB094 19166 DRH 54701 b |
|
|
1 |
| motor vehicle
in this State has been suspended or revoked for a |
2 |
| second or subsequent time
for a violation of Section 11-501 or |
3 |
| 11-501.1
of this Code or a similar provision of a local |
4 |
| ordinance
or a similar out-of-state offense
or Section 9-3 of |
5 |
| the Criminal Code of 1961
and each suspension or revocation was |
6 |
| for a violation of Section 11-501 or
11-501.1 of this Code or a |
7 |
| similar provision of a local ordinance
or a similar |
8 |
| out-of-state offense
or Section
9-3 of the Criminal Code of |
9 |
| 1961
shall pay, in addition to any other
fees required by this |
10 |
| Code, a
reinstatement
fee as follows:
|
11 |
| Summary suspension under Section 11-501.1 ...........$500
|
12 |
| Revocation ..........................................$500
|
13 |
| (c) All fees collected under the provisions of this Chapter |
14 |
| 6 shall be
paid into the Road Fund in the State Treasury except |
15 |
| as follows:
|
16 |
| 1. The following amounts shall be paid into the Driver |
17 |
| Education Fund:
|
18 |
| (A) $16 of the $20
fee for an original driver's |
19 |
| instruction permit;
|
20 |
| (B) $5 of the $10 fee for an original driver's |
21 |
| license;
|
22 |
| (C) $5 of the $10 fee for a 4 year renewal driver's |
23 |
| license;
and
|
24 |
| (D) $4 of the $8 fee for a restricted driving |
25 |
| permit.
|
26 |
| 2. $30 of the $250 fee for reinstatement of a
license
|
27 |
| summarily suspended under Section 11-501.1 shall be |
28 |
| deposited into the
Drunk and Drugged Driving Prevention |
29 |
| Fund.
However, for a person whose license or privilege to |
30 |
| operate a motor vehicle
in this State has been suspended or |
31 |
| revoked for a second or subsequent time for
a violation of |
32 |
| Section 11-501 or 11-501.1 of this Code or Section 9-3 of |
33 |
| the
Criminal Code of 1961,
$190 of the $500 fee for |
34 |
| reinstatement of a license summarily
suspended under
|
35 |
| Section 11-501.1,
and $190 of the $500 fee for |
36 |
| reinstatement of a revoked license
shall be deposited into |
|
|
|
SB2958 |
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LRB094 19166 DRH 54701 b |
|
|
1 |
| the Drunk and Drugged Driving Prevention Fund.
|
2 |
| 3. $6 of such original or renewal fee for a commercial |
3 |
| driver's
license and $6 of the commercial driver |
4 |
| instruction permit fee when such
permit is issued to any |
5 |
| person holding a valid Illinois driver's license,
shall be |
6 |
| paid into the CDLIS/AAMVAnet Trust Fund.
|
7 |
| 4. $30 of the $70 fee for reinstatement of a license |
8 |
| suspended
under the
Family
Financial Responsibility Law |
9 |
| shall be paid into the Family Responsibility
Fund.
|
10 |
| 5. The $5 fee for each original or renewal M or L |
11 |
| endorsement shall be
deposited into the Cycle Rider Safety |
12 |
| Training Fund.
|
13 |
| 6. $20 of any original or renewal fee for a commercial |
14 |
| driver's
license or commercial driver instruction permit |
15 |
| shall be paid into the Motor
Carrier Safety Inspection |
16 |
| Fund.
|
17 |
| 7. Through June 30, 2006, the amounts listed in |
18 |
| subparagraphs (A), (B), and (C) of this paragraph 7
The |
19 |
| following amounts shall be paid into the General Revenue |
20 |
| Fund . Beginning July 1, 2006, the following amounts shall |
21 |
| be paid into the Road Fund :
|
22 |
| (A) $190 of the $250 reinstatement fee for a |
23 |
| summary suspension under
Section 11-501.1;
|
24 |
| (B) $40 of the $70 reinstatement fee for any other |
25 |
| suspension provided
in subsection (b) of this Section; |
26 |
| and
|
27 |
| (C) $440 of the $500 reinstatement fee for a first |
28 |
| offense revocation
and $310 of the $500 reinstatement |
29 |
| fee for a second or subsequent revocation.
|
30 |
| (Source: P.A. 92-458, eff. 8-22-01; 93-32, eff. 1-1-04; 93-788, |
31 |
| eff. 1-1-05.)
|
32 |
| Section 99. Effective date. This Act takes effect upon |
33 |
| becoming law.
|