HB5496 EnrolledLRB102 25260 LNS 34533 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 3. Intent. The intent of this Act is to clarify
5that not all crashes are accidental. Crash encompasses all
6types of motor vehicle impacts and collisions, including, but
7not limited to, an impact or collision caused by negligence,
8willful and wanton conduct, or an intentional act. This Act is
9not intended to alter the legal rights and obligations under
10current law of insurers, applicants, and policy holders.
 
11    Section 5. The Freedom of Information Act is amended by
12changing Section 7 as follows:
 
13    (5 ILCS 140/7)  (from Ch. 116, par. 207)
14    Sec. 7. Exemptions.
15    (1) When a request is made to inspect or copy a public
16record that contains information that is exempt from
17disclosure under this Section, but also contains information
18that is not exempt from disclosure, the public body may elect
19to redact the information that is exempt. The public body
20shall make the remaining information available for inspection
21and copying. Subject to this requirement, the following shall
22be exempt from inspection and copying:

 

 

HB5496 Enrolled- 2 -LRB102 25260 LNS 34533 b

1        (a) Information specifically prohibited from
2    disclosure by federal or State law or rules and
3    regulations implementing federal or State law.
4        (b) Private information, unless disclosure is required
5    by another provision of this Act, a State or federal law or
6    a court order.
7        (b-5) Files, documents, and other data or databases
8    maintained by one or more law enforcement agencies and
9    specifically designed to provide information to one or
10    more law enforcement agencies regarding the physical or
11    mental status of one or more individual subjects.
12        (c) Personal information contained within public
13    records, the disclosure of which would constitute a
14    clearly unwarranted invasion of personal privacy, unless
15    the disclosure is consented to in writing by the
16    individual subjects of the information. "Unwarranted
17    invasion of personal privacy" means the disclosure of
18    information that is highly personal or objectionable to a
19    reasonable person and in which the subject's right to
20    privacy outweighs any legitimate public interest in
21    obtaining the information. The disclosure of information
22    that bears on the public duties of public employees and
23    officials shall not be considered an invasion of personal
24    privacy.
25        (d) Records in the possession of any public body
26    created in the course of administrative enforcement

 

 

HB5496 Enrolled- 3 -LRB102 25260 LNS 34533 b

1    proceedings, and any law enforcement or correctional
2    agency for law enforcement purposes, but only to the
3    extent that disclosure would:
4            (i) interfere with pending or actually and
5        reasonably contemplated law enforcement proceedings
6        conducted by any law enforcement or correctional
7        agency that is the recipient of the request;
8            (ii) interfere with active administrative
9        enforcement proceedings conducted by the public body
10        that is the recipient of the request;
11            (iii) create a substantial likelihood that a
12        person will be deprived of a fair trial or an impartial
13        hearing;
14            (iv) unavoidably disclose the identity of a
15        confidential source, confidential information
16        furnished only by the confidential source, or persons
17        who file complaints with or provide information to
18        administrative, investigative, law enforcement, or
19        penal agencies; except that the identities of
20        witnesses to traffic crashes accidents, traffic crash
21        accident reports, and rescue reports shall be provided
22        by agencies of local government, except when
23        disclosure would interfere with an active criminal
24        investigation conducted by the agency that is the
25        recipient of the request;
26            (v) disclose unique or specialized investigative

 

 

HB5496 Enrolled- 4 -LRB102 25260 LNS 34533 b

1        techniques other than those generally used and known
2        or disclose internal documents of correctional
3        agencies related to detection, observation or
4        investigation of incidents of crime or misconduct, and
5        disclosure would result in demonstrable harm to the
6        agency or public body that is the recipient of the
7        request;
8            (vi) endanger the life or physical safety of law
9        enforcement personnel or any other person; or
10            (vii) obstruct an ongoing criminal investigation
11        by the agency that is the recipient of the request.
12        (d-5) A law enforcement record created for law
13    enforcement purposes and contained in a shared electronic
14    record management system if the law enforcement agency
15    that is the recipient of the request did not create the
16    record, did not participate in or have a role in any of the
17    events which are the subject of the record, and only has
18    access to the record through the shared electronic record
19    management system.
20        (d-6) Records contained in the Officer Professional
21    Conduct Database under Section 9.2 9.4 of the Illinois
22    Police Training Act, except to the extent authorized under
23    that Section. This includes the documents supplied to the
24    Illinois Law Enforcement Training Standards Board from the
25    Illinois State Police and Illinois State Police Merit
26    Board.

 

 

HB5496 Enrolled- 5 -LRB102 25260 LNS 34533 b

1        (e) Records that relate to or affect the security of
2    correctional institutions and detention facilities.
3        (e-5) Records requested by persons committed to the
4    Department of Corrections, Department of Human Services
5    Division of Mental Health, or a county jail if those
6    materials are available in the library of the correctional
7    institution or facility or jail where the inmate is
8    confined.
9        (e-6) Records requested by persons committed to the
10    Department of Corrections, Department of Human Services
11    Division of Mental Health, or a county jail if those
12    materials include records from staff members' personnel
13    files, staff rosters, or other staffing assignment
14    information.
15        (e-7) Records requested by persons committed to the
16    Department of Corrections or Department of Human Services
17    Division of Mental Health if those materials are available
18    through an administrative request to the Department of
19    Corrections or Department of Human Services Division of
20    Mental Health.
21        (e-8) Records requested by a person committed to the
22    Department of Corrections, Department of Human Services
23    Division of Mental Health, or a county jail, the
24    disclosure of which would result in the risk of harm to any
25    person or the risk of an escape from a jail or correctional
26    institution or facility.

 

 

HB5496 Enrolled- 6 -LRB102 25260 LNS 34533 b

1        (e-9) Records requested by a person in a county jail
2    or committed to the Department of Corrections or
3    Department of Human Services Division of Mental Health,
4    containing personal information pertaining to the person's
5    victim or the victim's family, including, but not limited
6    to, a victim's home address, home telephone number, work
7    or school address, work telephone number, social security
8    number, or any other identifying information, except as
9    may be relevant to a requester's current or potential case
10    or claim.
11        (e-10) Law enforcement records of other persons
12    requested by a person committed to the Department of
13    Corrections, Department of Human Services Division of
14    Mental Health, or a county jail, including, but not
15    limited to, arrest and booking records, mug shots, and
16    crime scene photographs, except as these records may be
17    relevant to the requester's current or potential case or
18    claim.
19        (f) Preliminary drafts, notes, recommendations,
20    memoranda and other records in which opinions are
21    expressed, or policies or actions are formulated, except
22    that a specific record or relevant portion of a record
23    shall not be exempt when the record is publicly cited and
24    identified by the head of the public body. The exemption
25    provided in this paragraph (f) extends to all those
26    records of officers and agencies of the General Assembly

 

 

HB5496 Enrolled- 7 -LRB102 25260 LNS 34533 b

1    that pertain to the preparation of legislative documents.
2        (g) Trade secrets and commercial or financial
3    information obtained from a person or business where the
4    trade secrets or commercial or financial information are
5    furnished under a claim that they are proprietary,
6    privileged, or confidential, and that disclosure of the
7    trade secrets or commercial or financial information would
8    cause competitive harm to the person or business, and only
9    insofar as the claim directly applies to the records
10    requested.
11        The information included under this exemption includes
12    all trade secrets and commercial or financial information
13    obtained by a public body, including a public pension
14    fund, from a private equity fund or a privately held
15    company within the investment portfolio of a private
16    equity fund as a result of either investing or evaluating
17    a potential investment of public funds in a private equity
18    fund. The exemption contained in this item does not apply
19    to the aggregate financial performance information of a
20    private equity fund, nor to the identity of the fund's
21    managers or general partners. The exemption contained in
22    this item does not apply to the identity of a privately
23    held company within the investment portfolio of a private
24    equity fund, unless the disclosure of the identity of a
25    privately held company may cause competitive harm.
26        Nothing contained in this paragraph (g) shall be

 

 

HB5496 Enrolled- 8 -LRB102 25260 LNS 34533 b

1    construed to prevent a person or business from consenting
2    to disclosure.
3        (h) Proposals and bids for any contract, grant, or
4    agreement, including information which if it were
5    disclosed would frustrate procurement or give an advantage
6    to any person proposing to enter into a contractor
7    agreement with the body, until an award or final selection
8    is made. Information prepared by or for the body in
9    preparation of a bid solicitation shall be exempt until an
10    award or final selection is made.
11        (i) Valuable formulae, computer geographic systems,
12    designs, drawings and research data obtained or produced
13    by any public body when disclosure could reasonably be
14    expected to produce private gain or public loss. The
15    exemption for "computer geographic systems" provided in
16    this paragraph (i) does not extend to requests made by
17    news media as defined in Section 2 of this Act when the
18    requested information is not otherwise exempt and the only
19    purpose of the request is to access and disseminate
20    information regarding the health, safety, welfare, or
21    legal rights of the general public.
22        (j) The following information pertaining to
23    educational matters:
24            (i) test questions, scoring keys and other
25        examination data used to administer an academic
26        examination;

 

 

HB5496 Enrolled- 9 -LRB102 25260 LNS 34533 b

1            (ii) information received by a primary or
2        secondary school, college, or university under its
3        procedures for the evaluation of faculty members by
4        their academic peers;
5            (iii) information concerning a school or
6        university's adjudication of student disciplinary
7        cases, but only to the extent that disclosure would
8        unavoidably reveal the identity of the student; and
9            (iv) course materials or research materials used
10        by faculty members.
11        (k) Architects' plans, engineers' technical
12    submissions, and other construction related technical
13    documents for projects not constructed or developed in
14    whole or in part with public funds and the same for
15    projects constructed or developed with public funds,
16    including, but not limited to, power generating and
17    distribution stations and other transmission and
18    distribution facilities, water treatment facilities,
19    airport facilities, sport stadiums, convention centers,
20    and all government owned, operated, or occupied buildings,
21    but only to the extent that disclosure would compromise
22    security.
23        (l) Minutes of meetings of public bodies closed to the
24    public as provided in the Open Meetings Act until the
25    public body makes the minutes available to the public
26    under Section 2.06 of the Open Meetings Act.

 

 

HB5496 Enrolled- 10 -LRB102 25260 LNS 34533 b

1        (m) Communications between a public body and an
2    attorney or auditor representing the public body that
3    would not be subject to discovery in litigation, and
4    materials prepared or compiled by or for a public body in
5    anticipation of a criminal, civil, or administrative
6    proceeding upon the request of an attorney advising the
7    public body, and materials prepared or compiled with
8    respect to internal audits of public bodies.
9        (n) Records relating to a public body's adjudication
10    of employee grievances or disciplinary cases; however,
11    this exemption shall not extend to the final outcome of
12    cases in which discipline is imposed.
13        (o) Administrative or technical information associated
14    with automated data processing operations, including, but
15    not limited to, software, operating protocols, computer
16    program abstracts, file layouts, source listings, object
17    modules, load modules, user guides, documentation
18    pertaining to all logical and physical design of
19    computerized systems, employee manuals, and any other
20    information that, if disclosed, would jeopardize the
21    security of the system or its data or the security of
22    materials exempt under this Section.
23        (p) Records relating to collective negotiating matters
24    between public bodies and their employees or
25    representatives, except that any final contract or
26    agreement shall be subject to inspection and copying.

 

 

HB5496 Enrolled- 11 -LRB102 25260 LNS 34533 b

1        (q) Test questions, scoring keys, and other
2    examination data used to determine the qualifications of
3    an applicant for a license or employment.
4        (r) The records, documents, and information relating
5    to real estate purchase negotiations until those
6    negotiations have been completed or otherwise terminated.
7    With regard to a parcel involved in a pending or actually
8    and reasonably contemplated eminent domain proceeding
9    under the Eminent Domain Act, records, documents, and
10    information relating to that parcel shall be exempt except
11    as may be allowed under discovery rules adopted by the
12    Illinois Supreme Court. The records, documents, and
13    information relating to a real estate sale shall be exempt
14    until a sale is consummated.
15        (s) Any and all proprietary information and records
16    related to the operation of an intergovernmental risk
17    management association or self-insurance pool or jointly
18    self-administered health and accident cooperative or pool.
19    Insurance or self insurance (including any
20    intergovernmental risk management association or self
21    insurance pool) claims, loss or risk management
22    information, records, data, advice or communications.
23        (t) Information contained in or related to
24    examination, operating, or condition reports prepared by,
25    on behalf of, or for the use of a public body responsible
26    for the regulation or supervision of financial

 

 

HB5496 Enrolled- 12 -LRB102 25260 LNS 34533 b

1    institutions, insurance companies, or pharmacy benefit
2    managers, unless disclosure is otherwise required by State
3    law.
4        (u) Information that would disclose or might lead to
5    the disclosure of secret or confidential information,
6    codes, algorithms, programs, or private keys intended to
7    be used to create electronic signatures under the Uniform
8    Electronic Transactions Act.
9        (v) Vulnerability assessments, security measures, and
10    response policies or plans that are designed to identify,
11    prevent, or respond to potential attacks upon a
12    community's population or systems, facilities, or
13    installations, the destruction or contamination of which
14    would constitute a clear and present danger to the health
15    or safety of the community, but only to the extent that
16    disclosure could reasonably be expected to jeopardize the
17    effectiveness of the measures or the safety of the
18    personnel who implement them or the public. Information
19    exempt under this item may include such things as details
20    pertaining to the mobilization or deployment of personnel
21    or equipment, to the operation of communication systems or
22    protocols, or to tactical operations.
23        (w) (Blank).
24        (x) Maps and other records regarding the location or
25    security of generation, transmission, distribution,
26    storage, gathering, treatment, or switching facilities

 

 

HB5496 Enrolled- 13 -LRB102 25260 LNS 34533 b

1    owned by a utility, by a power generator, or by the
2    Illinois Power Agency.
3        (y) Information contained in or related to proposals,
4    bids, or negotiations related to electric power
5    procurement under Section 1-75 of the Illinois Power
6    Agency Act and Section 16-111.5 of the Public Utilities
7    Act that is determined to be confidential and proprietary
8    by the Illinois Power Agency or by the Illinois Commerce
9    Commission.
10        (z) Information about students exempted from
11    disclosure under Sections 10-20.38 or 34-18.29 of the
12    School Code, and information about undergraduate students
13    enrolled at an institution of higher education exempted
14    from disclosure under Section 25 of the Illinois Credit
15    Card Marketing Act of 2009.
16        (aa) Information the disclosure of which is exempted
17    under the Viatical Settlements Act of 2009.
18        (bb) Records and information provided to a mortality
19    review team and records maintained by a mortality review
20    team appointed under the Department of Juvenile Justice
21    Mortality Review Team Act.
22        (cc) Information regarding interments, entombments, or
23    inurnments of human remains that are submitted to the
24    Cemetery Oversight Database under the Cemetery Care Act or
25    the Cemetery Oversight Act, whichever is applicable.
26        (dd) Correspondence and records (i) that may not be

 

 

HB5496 Enrolled- 14 -LRB102 25260 LNS 34533 b

1    disclosed under Section 11-9 of the Illinois Public Aid
2    Code or (ii) that pertain to appeals under Section 11-8 of
3    the Illinois Public Aid Code.
4        (ee) The names, addresses, or other personal
5    information of persons who are minors and are also
6    participants and registrants in programs of park
7    districts, forest preserve districts, conservation
8    districts, recreation agencies, and special recreation
9    associations.
10        (ff) The names, addresses, or other personal
11    information of participants and registrants in programs of
12    park districts, forest preserve districts, conservation
13    districts, recreation agencies, and special recreation
14    associations where such programs are targeted primarily to
15    minors.
16        (gg) Confidential information described in Section
17    1-100 of the Illinois Independent Tax Tribunal Act of
18    2012.
19        (hh) The report submitted to the State Board of
20    Education by the School Security and Standards Task Force
21    under item (8) of subsection (d) of Section 2-3.160 of the
22    School Code and any information contained in that report.
23        (ii) Records requested by persons committed to or
24    detained by the Department of Human Services under the
25    Sexually Violent Persons Commitment Act or committed to
26    the Department of Corrections under the Sexually Dangerous

 

 

HB5496 Enrolled- 15 -LRB102 25260 LNS 34533 b

1    Persons Act if those materials: (i) are available in the
2    library of the facility where the individual is confined;
3    (ii) include records from staff members' personnel files,
4    staff rosters, or other staffing assignment information;
5    or (iii) are available through an administrative request
6    to the Department of Human Services or the Department of
7    Corrections.
8        (jj) Confidential information described in Section
9    5-535 of the Civil Administrative Code of Illinois.
10        (kk) The public body's credit card numbers, debit card
11    numbers, bank account numbers, Federal Employer
12    Identification Number, security code numbers, passwords,
13    and similar account information, the disclosure of which
14    could result in identity theft or impression or defrauding
15    of a governmental entity or a person.
16        (ll) Records concerning the work of the threat
17    assessment team of a school district.
18    (1.5) Any information exempt from disclosure under the
19Judicial Privacy Act shall be redacted from public records
20prior to disclosure under this Act.
21    (2) A public record that is not in the possession of a
22public body but is in the possession of a party with whom the
23agency has contracted to perform a governmental function on
24behalf of the public body, and that directly relates to the
25governmental function and is not otherwise exempt under this
26Act, shall be considered a public record of the public body,

 

 

HB5496 Enrolled- 16 -LRB102 25260 LNS 34533 b

1for purposes of this Act.
2    (3) This Section does not authorize withholding of
3information or limit the availability of records to the
4public, except as stated in this Section or otherwise provided
5in this Act.
6(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
7101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
86-25-21; 102-558, eff. 8-20-21; revised 11-22-21.)
 
9    Section 10. The State Employee Indemnification Act is
10amended by changing Section 2 as follows:
 
11    (5 ILCS 350/2)  (from Ch. 127, par. 1302)
12    Sec. 2. Representation and indemnification of State
13employees.
14    (a) In the event that any civil proceeding is commenced
15against any State employee arising out of any act or omission
16occurring within the scope of the employee's State employment,
17the Attorney General shall, upon timely and appropriate notice
18to him by such employee, appear on behalf of such employee and
19defend the action. In the event that any civil proceeding is
20commenced against any physician who is an employee of the
21Department of Corrections or the Department of Human Services
22(in a position relating to the Department's mental health and
23developmental disabilities functions) alleging death or bodily
24injury or other injury to the person of the complainant

 

 

HB5496 Enrolled- 17 -LRB102 25260 LNS 34533 b

1resulting from and arising out of any act or omission
2occurring on or after December 3, 1977 within the scope of the
3employee's State employment, or against any physician who is
4an employee of the Department of Veterans' Affairs alleging
5death or bodily injury or other injury to the person of the
6complainant resulting from and arising out of any act or
7omission occurring on or after the effective date of this
8amendatory Act of 1988 within the scope of the employee's
9State employment, or in the event that any civil proceeding is
10commenced against any attorney who is an employee of the State
11Appellate Defender alleging legal malpractice or for other
12damages resulting from and arising out of any legal act or
13omission occurring on or after December 3, 1977, within the
14scope of the employee's State employment, or in the event that
15any civil proceeding is commenced against any individual or
16organization who contracts with the Department of Labor to
17provide services as a carnival and amusement ride safety
18inspector alleging malpractice, death or bodily injury or
19other injury to the person arising out of any act or omission
20occurring on or after May 1, 1985, within the scope of that
21employee's State employment, the Attorney General shall, upon
22timely and appropriate notice to him by such employee, appear
23on behalf of such employee and defend the action. Any such
24notice shall be in writing, shall be mailed within 15 days
25after the date of receipt by the employee of service of
26process, and shall authorize the Attorney General to represent

 

 

HB5496 Enrolled- 18 -LRB102 25260 LNS 34533 b

1and defend the employee in the proceeding. The giving of this
2notice to the Attorney General shall constitute an agreement
3by the State employee to cooperate with the Attorney General
4in his defense of the action and a consent that the Attorney
5General shall conduct the defense as he deems advisable and in
6the best interests of the employee, including settlement in
7the Attorney General's discretion. In any such proceeding, the
8State shall pay the court costs and litigation expenses of
9defending such action, to the extent approved by the Attorney
10General as reasonable, as they are incurred.
11    (b) In the event that the Attorney General determines that
12so appearing and defending an employee either (1) involves an
13actual or potential conflict of interest, or (2) that the act
14or omission which gave rise to the claim was not within the
15scope of the employee's State employment or was intentional,
16wilful or wanton misconduct, the Attorney General shall
17decline in writing to appear or defend or shall promptly take
18appropriate action to withdraw as attorney for such employee.
19Upon receipt of such declination or upon such withdrawal by
20the Attorney General on the basis of an actual or potential
21conflict of interest, the State employee may employ his own
22attorney to appear and defend, in which event the State shall
23pay the employee's court costs, litigation expenses and
24attorneys' fees to the extent approved by the Attorney General
25as reasonable, as they are incurred. In the event that the
26Attorney General declines to appear or withdraws on the

 

 

HB5496 Enrolled- 19 -LRB102 25260 LNS 34533 b

1grounds that the act or omission was not within the scope of
2employment, or was intentional, wilful or wanton misconduct,
3and a court or jury finds that the act or omission of the State
4employee was within the scope of employment and was not
5intentional, wilful or wanton misconduct, the State shall
6indemnify the State employee for any damages awarded and court
7costs and attorneys' fees assessed as part of any final and
8unreversed judgment. In such event the State shall also pay
9the employee's court costs, litigation expenses and attorneys'
10fees to the extent approved by the Attorney General as
11reasonable.
12    In the event that the defendant in the proceeding is an
13elected State official, including members of the General
14Assembly, the elected State official may retain his or her
15attorney, provided that said attorney shall be reasonably
16acceptable to the Attorney General. In such case the State
17shall pay the elected State official's court costs, litigation
18expenses, and attorneys' fees, to the extent approved by the
19Attorney General as reasonable, as they are incurred.
20    (b-5) The Attorney General may file a counterclaim on
21behalf of a State employee, provided:
22        (1) the Attorney General determines that the State
23    employee is entitled to representation in a civil action
24    under this Section;
25        (2) the counterclaim arises out of any act or omission
26    occurring within the scope of the employee's State

 

 

HB5496 Enrolled- 20 -LRB102 25260 LNS 34533 b

1    employment that is the subject of the civil action; and
2        (3) the employee agrees in writing that if judgment is
3    entered in favor of the employee, the amount of the
4    judgment shall be applied to offset any judgment that may
5    be entered in favor of the plaintiff, and then to
6    reimburse the State treasury for court costs and
7    litigation expenses required to pursue the counterclaim.
8    The balance of the collected judgment shall be paid to the
9    State employee.
10    (c) Notwithstanding any other provision of this Section,
11representation and indemnification of a judge under this Act
12shall also be provided in any case where the plaintiff seeks
13damages or any equitable relief as a result of any decision,
14ruling or order of a judge made in the course of his or her
15judicial or administrative duties, without regard to the
16theory of recovery employed by the plaintiff. Indemnification
17shall be for all damages awarded and all court costs, attorney
18fees and litigation expenses assessed against the judge. When
19a judge has been convicted of a crime as a result of his or her
20intentional judicial misconduct in a trial, that judge shall
21not be entitled to indemnification and representation under
22this subsection in any case maintained by a party who seeks
23damages or other equitable relief as a direct result of the
24judge's intentional judicial misconduct.
25    (d) In any such proceeding where notice in accordance with
26this Section has been given to the Attorney General, unless

 

 

HB5496 Enrolled- 21 -LRB102 25260 LNS 34533 b

1the court or jury finds that the conduct or inaction which gave
2rise to the claim or cause of action was intentional, wilful or
3wanton misconduct and was not intended to serve or benefit
4interests of the State, the State shall indemnify the State
5employee for any damages awarded and court costs and
6attorneys' fees assessed as part of any final and unreversed
7judgment, or shall pay such judgment. Unless the Attorney
8General determines that the conduct or inaction which gave
9rise to the claim or cause of action was intentional, wilful or
10wanton misconduct and was not intended to serve or benefit
11interests of the State, the case may be settled, in the
12Attorney General's discretion and with the employee's consent,
13and the State shall indemnify the employee for any damages,
14court costs and attorneys' fees agreed to as part of the
15settlement, or shall pay such settlement. Where the employee
16is represented by private counsel, any settlement must be so
17approved by the Attorney General and the court having
18jurisdiction, which shall obligate the State to indemnify the
19employee.
20    (e) (i) Court costs and litigation expenses and other
21costs of providing a defense or counterclaim, including
22attorneys' fees obligated under this Section, shall be paid
23from the State Treasury on the warrant of the Comptroller out
24of appropriations made to the Department of Central Management
25Services specifically designed for the payment of costs, fees
26and expenses covered by this Section.

 

 

HB5496 Enrolled- 22 -LRB102 25260 LNS 34533 b

1    (ii) Upon entry of a final judgment against the employee,
2or upon the settlement of the claim, the employee shall cause
3to be served a copy of such judgment or settlement, personally
4or by certified or registered mail within thirty days of the
5date of entry or settlement, upon the chief administrative
6officer of the department, office or agency in which he is
7employed. If not inconsistent with the provisions of this
8Section, such judgment or settlement shall be certified for
9payment by such chief administrative officer and by the
10Attorney General. The judgment or settlement shall be paid
11from the State Treasury on the warrant of the Comptroller out
12of appropriations made to the Department of Central Management
13Services specifically designed for the payment of claims
14covered by this Section.
15    (f) Nothing contained or implied in this Section shall
16operate, or be construed or applied, to deprive the State, or
17any employee thereof, of any defense heretofore available.
18    (g) This Section shall apply regardless of whether the
19employee is sued in his or her individual or official
20capacity.
21    (h) This Section shall not apply to claims for bodily
22injury or damage to property arising from motor vehicle
23crashes accidents.
24    (i) This Section shall apply to all proceedings filed on
25or after its effective date, and to any proceeding pending on
26its effective date, if the State employee gives notice to the

 

 

HB5496 Enrolled- 23 -LRB102 25260 LNS 34533 b

1Attorney General as provided in this Section within 30 days of
2the Act's effective date.
3    (j) The amendatory changes made to this Section by this
4amendatory Act of 1986 shall apply to all proceedings filed on
5or after the effective date of this amendatory Act of 1986 and
6to any proceeding pending on its effective date, if the State
7employee gives notice to the Attorney General as provided in
8this Section within 30 days of the effective date of this
9amendatory Act of 1986.
10    (k) This Act applies to all State officials who are
11serving as trustees, or their appointing authorities, of a
12clean energy community trust or as members of a not-for-profit
13foundation or corporation established pursuant to Section
1416-111.1 of the Public Utilities Act.
15    (l) The State shall not provide representation for, nor
16shall it indemnify, any State employee in (i) any criminal
17proceeding in which the employee is a defendant or (ii) any
18criminal investigation in which the employee is the target.
19Nothing in this Act shall be construed to prohibit the State
20from providing representation to a State employee who is a
21witness in a criminal matter arising out of that employee's
22State employment.
23(Source: P.A. 99-461, eff. 1-1-17.)
 
24    Section 15. The Illinois Identification Card Act is
25amended by changing Section 11A as follows:
 

 

 

HB5496 Enrolled- 24 -LRB102 25260 LNS 34533 b

1    (15 ILCS 335/11A)
2    Sec. 11A. Emergency contact database.
3    (a) The Secretary of State shall establish a database of
4the emergency contacts of persons who hold identification
5cards. Information in the database shall be accessible only to
6employees of the Office of the Secretary and law enforcement
7officers employed by a law enforcement agency. Law enforcement
8officers may share information contained in the emergency
9contact database, including disabilities and special needs
10information, with other public safety workers on scene, as
11needed to conduct official law enforcement duties.
12    (b) Any person holding an identification card shall be
13afforded the opportunity to provide the Secretary of State, in
14a manner and form designated by the Secretary of State, the
15name, address, telephone number, and relationship to the
16holder of no more than 2 emergency contact persons whom the
17holder wishes to be contacted by a law enforcement officer if
18the holder is involved in a motor vehicle crash accident or
19other emergency situation and the holder is unable to
20communicate with the contact person or persons and may
21designate whether the holder has a disability or is a special
22needs individual. A contact person need not be the holder's
23next of kin.
24    (c) The Secretary shall adopt rules to implement this
25Section. At a minimum, the rules shall address all of the

 

 

HB5496 Enrolled- 25 -LRB102 25260 LNS 34533 b

1following:
2        (1) the method whereby a holder may provide the
3    Secretary of State with emergency contact, disability, and
4    special needs information;
5        (2) the method whereby a holder may provide the
6    Secretary of State with a change to the emergency contact,
7    disability, and special needs information; and
8        (3) any other aspect of the database or its operation
9    that the Secretary determines is necessary to implement
10    this Section.
11    (d) If a person involved in a motor vehicle crash accident
12or other emergency situation is unable to communicate with the
13contact person or persons specified in the database, a law
14enforcement officer shall make a good faith effort to notify
15the contact person or persons of the situation. Neither the
16law enforcement officer nor the law enforcement agency that
17employs that law enforcement officer incurs any liability,
18however, if the law enforcement officer is not able to make
19contact with the contact person. Except for willful or wanton
20misconduct, neither the law enforcement officer, nor the law
21enforcement agency that employs the law enforcement officer,
22shall incur any liability relating to the reporting or use of
23the database during a motor vehicle crash accident or other
24emergency situation.
25    (e) The Secretary of State shall make a good faith effort
26to maintain accurate data as provided by the identification

 

 

HB5496 Enrolled- 26 -LRB102 25260 LNS 34533 b

1card holder and to provide that information to law enforcement
2as provided in subsection (a). The Secretary of State is not
3liable for any damages, costs, or expenses, including, without
4limitation, consequential damages, arising or resulting from
5any inaccurate or incomplete data or system unavailability.
6Except for willful or wanton misconduct, the Secretary of
7State shall not incur any liability relating to the reporting
8of disabilities or special needs individuals.
9    (f) As used in this Section:
10    "Disability" means an individual's physical or mental
11impairment that substantially limits one or more of the major
12life activities; a record of such impairment; or when the
13individual is regarded as having such impairment.
14    "Public safety worker" means a person employed by this
15State or a political subdivision thereof that provides
16firefighting, law enforcement, medical, or other emergency
17services.
18    "Special needs individuals" means those individuals who
19have or are at increased risk for a chronic physical,
20developmental, behavioral, or emotional condition and who also
21require health and related services of a type or amount beyond
22that required by individuals generally.
23(Source: P.A. 95-898, eff. 7-1-09; 96-1168, eff. 1-1-11.)
 
24    Section 20. The Department of Transportation Law of the
25Civil Administrative Code of Illinois is amended by changing

 

 

HB5496 Enrolled- 27 -LRB102 25260 LNS 34533 b

1Sections 2705-210 and 2705-317 as follows:
 
2    (20 ILCS 2705/2705-210)  (was 20 ILCS 2705/49.15)
3    Sec. 2705-210. Traffic control and prevention of crashes
4accidents. The Department has the power to develop,
5consolidate, and coordinate effective programs and activities
6for the advancement of driver education, for the facilitation
7of the movement of motor vehicle traffic, and for the
8protection and conservation of life and property on the
9streets and highways of this State and to advise, recommend,
10and consult with the several departments, divisions, boards,
11commissions, and other agencies of this State in regard to
12those programs and activities. The Department has the power to
13aid and assist the counties, cities, towns, and other
14political subdivisions of this State in the control of traffic
15and the prevention of traffic crashes accidents. That aid and
16assistance to counties, cities, towns, and other political
17subdivisions of this State shall include assistance with
18regard to planning, traffic flow, light synchronizing,
19preferential lanes for carpools, and carpool parking
20allocations.
21    To further the prevention of crashes accidents, the
22Department shall conduct a traffic study following the
23occurrence of any crash accident involving a pedestrian
24fatality that occurs at an intersection of a State highway.
25The study shall include, but not be limited to, consideration

 

 

HB5496 Enrolled- 28 -LRB102 25260 LNS 34533 b

1of alternative geometric design improvements, traffic control
2devices, and any other improvements that the Department deems
3necessary. The Department shall make the results of the study
4available to the public on its website.
5(Source: P.A. 102-333, eff. 1-1-22.)
 
6    (20 ILCS 2705/2705-317)
7    Sec. 2705-317. Safe Routes to School Construction Program.
8    (a) Upon enactment of a federal transportation bill with a
9dedicated fund available to states for safe routes to schools,
10the Department, in cooperation with the State Board of
11Education and the Illinois State Police, shall establish and
12administer a Safe Routes to School Construction Program for
13the construction of bicycle and pedestrian safety and
14traffic-calming projects using the federal Safe Routes to
15Schools Program funds.
16    (b) The Department shall make construction grants
17available to local governmental agencies under the Safe Routes
18to School Construction Program based on the results of a
19statewide competition that requires submission of Safe Routes
20to School proposals for funding and that rates those proposals
21on all of the following factors:
22        (1) Demonstrated needs of the grant applicant.
23        (2) Potential of the proposal for reducing child
24    injuries and fatalities.
25        (3) Potential of the proposal for encouraging

 

 

HB5496 Enrolled- 29 -LRB102 25260 LNS 34533 b

1    increased walking and bicycling among students.
2        (4) Identification of safety hazards.
3        (5) Identification of current and potential walking
4    and bicycling routes to school.
5        (6) Consultation and support for projects by
6    school-based associations, local traffic engineers, local
7    elected officials, law enforcement agencies, and school
8    officials.
9        (7) Proximity to parks and other recreational
10    facilities.
11    With respect to the use of federal Safe Routes to Schools
12Program funds, prior to the award of a construction grant or
13the use of those funds for a Safe Routes to School project
14encompassing a highway, the Department shall consult with and
15obtain approval from the Illinois State Police and the highway
16authority with jurisdiction to ensure that the Safe Routes to
17School proposal is consistent with a statewide pedestrian
18safety statistical analysis.
19    (c) On March 30, 2006 and each March 30th thereafter, the
20Department shall submit a report to the General Assembly
21listing and describing the projects funded under the Safe
22Routes to School Construction Program.
23    (d) The Department shall study the effectiveness of the
24Safe Routes to School Construction Program, with particular
25emphasis on the Program's effectiveness in reducing traffic
26crashes accidents and its contribution to improving safety and

 

 

HB5496 Enrolled- 30 -LRB102 25260 LNS 34533 b

1reducing the number of child injuries and fatalities in the
2vicinity of a Safe Routes to School project. The Department
3shall submit a report to the General Assembly on or before
4December 31, 2006 regarding the results of the study.
5    (e) The Department, the State Board of Education, and the
6Illinois State Police may adopt any rules necessary to
7implement this Section.
8(Source: P.A. 102-538, eff. 8-20-21.)
 
9    Section 25. The Peace Officer Fire Investigation Act is
10amended by changing Section 1 as follows:
 
11    (20 ILCS 2910/1)  (from Ch. 127 1/2, par. 501)
12    Sec. 1. Peace officer status.
13    (a) Any person who is a sworn member of any organized and
14paid fire department of a political subdivision of this State
15and is authorized to investigate fires or explosions for such
16political subdivision and to determine the cause, origin and
17circumstances of fires or explosions that are suspected to be
18arson or arson-related crimes, may be classified as a peace
19officer by the political subdivision or agency employing such
20person. A person so classified shall possess the same powers
21of arrest, search and seizure and the securing and service of
22warrants as sheriffs of counties, and police officers within
23the jurisdiction of their political subdivision. While in the
24actual investigation and matters incident thereto, such person

 

 

HB5496 Enrolled- 31 -LRB102 25260 LNS 34533 b

1may carry weapons as may be necessary, but only if that person
2has satisfactorily completed (1) a training program offered or
3approved by the Illinois Law Enforcement Training Standards
4Board which substantially conforms to standards promulgated
5pursuant to the Illinois Police Training Act and the Peace
6Officer and Probation Officer Firearm Training Act; and (2) a
7course in fire and arson investigation approved by the Office
8of the State Fire Marshal pursuant to the Illinois Fire
9Protection Training Act. Such training need not include
10exposure to vehicle and traffic law, traffic control and crash
11accident investigation, or first aid, but shall include
12training in the law relating to the rights of persons
13suspected of involvement in criminal activities.
14    Any person granted the powers enumerated in this
15subsection (a) may exercise such powers only during the actual
16investigation of the cause, origin and circumstances of such
17fires or explosions that are suspected to be arson or
18arson-related crimes.
19    (b) Persons employed by the Office of the State Fire
20Marshal to conduct arson investigations shall be designated
21State Fire Marshal Arson Investigator Special Agents and shall
22be peace officers with all of the powers of peace officers in
23cities and sheriffs in counties, except that they may exercise
24those powers throughout the State. These Special Agents may
25exercise these powers only when engaging in official duties
26during the actual investigation of the cause, origin, and

 

 

HB5496 Enrolled- 32 -LRB102 25260 LNS 34533 b

1circumstances of such fires or explosions that are suspected
2to be arson or arson-related crimes and may carry weapons at
3all times, but only if they have satisfactorily completed (1)
4a training course approved by the Illinois Law Enforcement
5Training Standards Board that substantially conforms to the
6standards promulgated pursuant to the Peace Officer and
7Probation Officer Firearm Training Act and (2) a course in
8fire and arson investigation approved by the Office of the
9State Fire Marshal pursuant to the Illinois Fire Protection
10Training Act. Such training need not include exposure to
11vehicle and traffic law, traffic control and crash accident
12investigation, or first aid, but shall include training in the
13law relating to the rights of persons suspected of involvement
14in criminal activities.
15    For purposes of this subsection (b), a "State Fire Marshal
16Arson Investigator Special Agent" does not include any fire
17investigator, fireman, police officer, or other employee of
18the federal government; any fire investigator, fireman, police
19officer, or other employee of any unit of local government; or
20any fire investigator, fireman, police officer, or other
21employee of the State of Illinois other than an employee of the
22Office of the State Fire Marshal assigned to investigate
23arson.
24    The State Fire Marshal must authorize to each employee of
25the Office of the State Fire Marshal who is exercising the
26powers of a peace officer a distinct badge that, on its face,

 

 

HB5496 Enrolled- 33 -LRB102 25260 LNS 34533 b

1(i) clearly states that the badge is authorized by the Office
2of the State Fire Marshal and (ii) contains a unique
3identifying number. No other badge shall be authorized by the
4Office of the State Fire Marshal, except that a badge,
5different from the badge issued to peace officers, may be
6authorized by the Office of the State Fire Marshal for the use
7of fire prevention inspectors employed by that Office. Nothing
8in this subsection prohibits the State Fire Marshal from
9issuing shields or other distinctive identification to
10employees not exercising the powers of a peace officer if the
11State Fire Marshal determines that a shield or distinctive
12identification is needed by the employee to carry out his or
13her responsibilities.
14    (c) The Office of the State Fire Marshal shall establish a
15policy to allow a State Fire Marshal Arson Investigator
16Special Agent who is honorably retiring or separating in good
17standing to purchase either one or both of the following: (i)
18any badge previously issued to that State Fire Marshal Arson
19Investigator Special Agent; or (ii) if the State Fire Marshal
20Arson Investigator Special Agent has a currently valid Firearm
21Owner's Identification Card, the service firearm issued or
22previously issued to the State Fire Marshal Arson Investigator
23Special Agent by the Office of the State Fire Marshal. The cost
24of the firearm purchased shall be the replacement value of the
25firearm and not the firearm's fair market value. All funds
26received by the agency under this program shall be deposited

 

 

HB5496 Enrolled- 34 -LRB102 25260 LNS 34533 b

1into the Fire Prevention Fund.
2(Source: P.A. 100-931, eff. 8-17-18.)
 
3    Section 29. The Illinois Pension Code is amended by
4changing Section 1-108 as follows:
 
5    (40 ILCS 5/1-108)  (from Ch. 108 1/2, par. 1-108)
6    Sec. 1-108. (a) In any proceeding commenced against an
7employee of a pension fund, alleging a civil wrong arising out
8of any act or omission occurring within the scope of the
9employee's pension fund employment, unless the court or the
10jury finds that the conduct which gave rise to the claim was
11intentional, wilful or wanton misconduct, the pension fund
12shall indemnify the employee for any damages awarded and court
13costs and attorneys' fees assessed as part of any final and
14unreversed judgment and any attorneys' fees, court costs and
15litigation expenses incurred by the employee in defending the
16claim. In any such proceeding if a majority of the board or
17trustees who are not a party to the action determine that the
18conduct which gave rise to the claim was not intentional,
19wilful or wanton misconduct, the board or trustees may agree
20to settlement of the proceeding and the pension fund shall
21indemnify the employee for any damages, court costs and
22attorneys' fees agreed to as part of the settlement and any
23attorneys' fees, court costs and litigation expenses incurred
24in defending the claim.

 

 

HB5496 Enrolled- 35 -LRB102 25260 LNS 34533 b

1    (b) No employee of a pension fund shall be entitled to
2indemnification under this Section unless within 15 days after
3receipt by the employee of service of process, he shall give
4written notice of such proceeding to the pension fund.
5    (c) Each pension fund may insure against loss or liability
6of employees which may arise as a result of these claims. This
7insurance shall be carried by a company authorized to provide
8such coverage in this State.
9    (d) Nothing contained or implied in this Section shall
10operate, or be construed or applied, to deprive the State or a
11pension fund, or any other employee thereof, of any immunity
12or any defense heretofore available.
13    (e) This Section shall apply regardless of whether the
14employee is sued in his or her individual or official
15capacity.
16    (f) This Section shall not apply to claims for bodily
17injury or damage to property arising from motor vehicle
18crashes accidents.
19    (g) This Section shall apply to all proceedings filed on
20or after its effective date, and to any proceeding pending on
21its effective date, if the pension fund employee gives notice
22to the pension fund within 30 days of the Act's effective date.
23(Source: P.A. 80-1078.)
 
24    Section 30. The Illinois Police Training Act is amended by
25changing Section 7 as follows:
 

 

 

HB5496 Enrolled- 36 -LRB102 25260 LNS 34533 b

1    (50 ILCS 705/7)
2    (Text of Section before amendment by P.A. 102-345)
3    Sec. 7. Rules and standards for schools. The Board shall
4adopt rules and minimum standards for such schools which shall
5include, but not be limited to, the following:
6        a. The curriculum for probationary law enforcement
7    officers which shall be offered by all certified schools
8    shall include, but not be limited to, courses of
9    procedural justice, arrest and use and control tactics,
10    search and seizure, including temporary questioning, civil
11    rights, human rights, human relations, cultural
12    competency, including implicit bias and racial and ethnic
13    sensitivity, criminal law, law of criminal procedure,
14    constitutional and proper use of law enforcement
15    authority, crisis intervention training, vehicle and
16    traffic law including uniform and non-discriminatory
17    enforcement of the Illinois Vehicle Code, traffic control
18    and crash accident investigation, techniques of obtaining
19    physical evidence, court testimonies, statements, reports,
20    firearms training, training in the use of electronic
21    control devices, including the psychological and
22    physiological effects of the use of those devices on
23    humans, first-aid (including cardiopulmonary
24    resuscitation), training in the administration of opioid
25    antagonists as defined in paragraph (1) of subsection (e)

 

 

HB5496 Enrolled- 37 -LRB102 25260 LNS 34533 b

1    of Section 5-23 of the Substance Use Disorder Act,
2    handling of juvenile offenders, recognition of mental
3    conditions and crises, including, but not limited to, the
4    disease of addiction, which require immediate assistance
5    and response and methods to safeguard and provide
6    assistance to a person in need of mental treatment,
7    recognition of abuse, neglect, financial exploitation, and
8    self-neglect of adults with disabilities and older adults,
9    as defined in Section 2 of the Adult Protective Services
10    Act, crimes against the elderly, law of evidence, the
11    hazards of high-speed police vehicle chases with an
12    emphasis on alternatives to the high-speed chase, and
13    physical training. The curriculum shall include specific
14    training in techniques for immediate response to and
15    investigation of cases of domestic violence and of sexual
16    assault of adults and children, including cultural
17    perceptions and common myths of sexual assault and sexual
18    abuse as well as interview techniques that are age
19    sensitive and are trauma informed, victim centered, and
20    victim sensitive. The curriculum shall include training in
21    techniques designed to promote effective communication at
22    the initial contact with crime victims and ways to
23    comprehensively explain to victims and witnesses their
24    rights under the Rights of Crime Victims and Witnesses Act
25    and the Crime Victims Compensation Act. The curriculum
26    shall also include training in effective recognition of

 

 

HB5496 Enrolled- 38 -LRB102 25260 LNS 34533 b

1    and responses to stress, trauma, and post-traumatic stress
2    experienced by law enforcement officers that is consistent
3    with Section 25 of the Illinois Mental Health First Aid
4    Training Act in a peer setting, including recognizing
5    signs and symptoms of work-related cumulative stress,
6    issues that may lead to suicide, and solutions for
7    intervention with peer support resources. The curriculum
8    shall include a block of instruction addressing the
9    mandatory reporting requirements under the Abused and
10    Neglected Child Reporting Act. The curriculum shall also
11    include a block of instruction aimed at identifying and
12    interacting with persons with autism and other
13    developmental or physical disabilities, reducing barriers
14    to reporting crimes against persons with autism, and
15    addressing the unique challenges presented by cases
16    involving victims or witnesses with autism and other
17    developmental disabilities. The curriculum shall include
18    training in the detection and investigation of all forms
19    of human trafficking. The curriculum shall also include
20    instruction in trauma-informed responses designed to
21    ensure the physical safety and well-being of a child of an
22    arrested parent or immediate family member; this
23    instruction must include, but is not limited to: (1)
24    understanding the trauma experienced by the child while
25    maintaining the integrity of the arrest and safety of
26    officers, suspects, and other involved individuals; (2)

 

 

HB5496 Enrolled- 39 -LRB102 25260 LNS 34533 b

1    de-escalation tactics that would include the use of force
2    when reasonably necessary; and (3) inquiring whether a
3    child will require supervision and care. The curriculum
4    for probationary law enforcement officers shall include:
5    (1) at least 12 hours of hands-on, scenario-based
6    role-playing; (2) at least 6 hours of instruction on use
7    of force techniques, including the use of de-escalation
8    techniques to prevent or reduce the need for force
9    whenever safe and feasible; (3) specific training on
10    officer safety techniques, including cover, concealment,
11    and time; and (4) at least 6 hours of training focused on
12    high-risk traffic stops. The curriculum for permanent law
13    enforcement officers shall include, but not be limited to:
14    (1) refresher and in-service training in any of the
15    courses listed above in this subparagraph, (2) advanced
16    courses in any of the subjects listed above in this
17    subparagraph, (3) training for supervisory personnel, and
18    (4) specialized training in subjects and fields to be
19    selected by the board. The training in the use of
20    electronic control devices shall be conducted for
21    probationary law enforcement officers, including
22    University police officers.
23        b. Minimum courses of study, attendance requirements
24    and equipment requirements.
25        c. Minimum requirements for instructors.
26        d. Minimum basic training requirements, which a

 

 

HB5496 Enrolled- 40 -LRB102 25260 LNS 34533 b

1    probationary law enforcement officer must satisfactorily
2    complete before being eligible for permanent employment as
3    a local law enforcement officer for a participating local
4    governmental or State governmental agency. Those
5    requirements shall include training in first aid
6    (including cardiopulmonary resuscitation).
7        e. Minimum basic training requirements, which a
8    probationary county corrections officer must
9    satisfactorily complete before being eligible for
10    permanent employment as a county corrections officer for a
11    participating local governmental agency.
12        f. Minimum basic training requirements which a
13    probationary court security officer must satisfactorily
14    complete before being eligible for permanent employment as
15    a court security officer for a participating local
16    governmental agency. The Board shall establish those
17    training requirements which it considers appropriate for
18    court security officers and shall certify schools to
19    conduct that training.
20        A person hired to serve as a court security officer
21    must obtain from the Board a certificate (i) attesting to
22    the officer's successful completion of the training
23    course; (ii) attesting to the officer's satisfactory
24    completion of a training program of similar content and
25    number of hours that has been found acceptable by the
26    Board under the provisions of this Act; or (iii) attesting

 

 

HB5496 Enrolled- 41 -LRB102 25260 LNS 34533 b

1    to the Board's determination that the training course is
2    unnecessary because of the person's extensive prior law
3    enforcement experience.
4        Individuals who currently serve as court security
5    officers shall be deemed qualified to continue to serve in
6    that capacity so long as they are certified as provided by
7    this Act within 24 months of June 1, 1997 (the effective
8    date of Public Act 89-685). Failure to be so certified,
9    absent a waiver from the Board, shall cause the officer to
10    forfeit his or her position.
11        All individuals hired as court security officers on or
12    after June 1, 1997 (the effective date of Public Act
13    89-685) shall be certified within 12 months of the date of
14    their hire, unless a waiver has been obtained by the
15    Board, or they shall forfeit their positions.
16        The Sheriff's Merit Commission, if one exists, or the
17    Sheriff's Office if there is no Sheriff's Merit
18    Commission, shall maintain a list of all individuals who
19    have filed applications to become court security officers
20    and who meet the eligibility requirements established
21    under this Act. Either the Sheriff's Merit Commission, or
22    the Sheriff's Office if no Sheriff's Merit Commission
23    exists, shall establish a schedule of reasonable intervals
24    for verification of the applicants' qualifications under
25    this Act and as established by the Board.
26        g. Minimum in-service training requirements, which a

 

 

HB5496 Enrolled- 42 -LRB102 25260 LNS 34533 b

1    law enforcement officer must satisfactorily complete every
2    3 years. Those requirements shall include constitutional
3    and proper use of law enforcement authority, procedural
4    justice, civil rights, human rights, reporting child abuse
5    and neglect, and cultural competency, including implicit
6    bias and racial and ethnic sensitivity. These trainings
7    shall consist of at least 30 hours of training every 3
8    years.
9        h. Minimum in-service training requirements, which a
10    law enforcement officer must satisfactorily complete at
11    least annually. Those requirements shall include law
12    updates, emergency medical response training and
13    certification, crisis intervention training, and officer
14    wellness and mental health.
15        i. Minimum in-service training requirements as set
16    forth in Section 10.6.
17    The amendatory changes to this Section made by Public Act
18101-652 shall take effect January 1, 2022.
19(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
20101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
218-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
2210-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
231-1-22; 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; revised
2410-5-21.)
 
25    (Text of Section after amendment by P.A. 102-345)

 

 

HB5496 Enrolled- 43 -LRB102 25260 LNS 34533 b

1    Sec. 7. Rules and standards for schools. The Board shall
2adopt rules and minimum standards for such schools which shall
3include, but not be limited to, the following:
4        a. The curriculum for probationary law enforcement
5    officers which shall be offered by all certified schools
6    shall include, but not be limited to, courses of
7    procedural justice, arrest and use and control tactics,
8    search and seizure, including temporary questioning, civil
9    rights, human rights, human relations, cultural
10    competency, including implicit bias and racial and ethnic
11    sensitivity, criminal law, law of criminal procedure,
12    constitutional and proper use of law enforcement
13    authority, crisis intervention training, vehicle and
14    traffic law including uniform and non-discriminatory
15    enforcement of the Illinois Vehicle Code, traffic control
16    and crash accident investigation, techniques of obtaining
17    physical evidence, court testimonies, statements, reports,
18    firearms training, training in the use of electronic
19    control devices, including the psychological and
20    physiological effects of the use of those devices on
21    humans, first-aid (including cardiopulmonary
22    resuscitation), training in the administration of opioid
23    antagonists as defined in paragraph (1) of subsection (e)
24    of Section 5-23 of the Substance Use Disorder Act,
25    handling of juvenile offenders, recognition of mental
26    conditions and crises, including, but not limited to, the

 

 

HB5496 Enrolled- 44 -LRB102 25260 LNS 34533 b

1    disease of addiction, which require immediate assistance
2    and response and methods to safeguard and provide
3    assistance to a person in need of mental treatment,
4    recognition of abuse, neglect, financial exploitation, and
5    self-neglect of adults with disabilities and older adults,
6    as defined in Section 2 of the Adult Protective Services
7    Act, crimes against the elderly, law of evidence, the
8    hazards of high-speed police vehicle chases with an
9    emphasis on alternatives to the high-speed chase, and
10    physical training. The curriculum shall include specific
11    training in techniques for immediate response to and
12    investigation of cases of domestic violence and of sexual
13    assault of adults and children, including cultural
14    perceptions and common myths of sexual assault and sexual
15    abuse as well as interview techniques that are age
16    sensitive and are trauma informed, victim centered, and
17    victim sensitive. The curriculum shall include training in
18    techniques designed to promote effective communication at
19    the initial contact with crime victims and ways to
20    comprehensively explain to victims and witnesses their
21    rights under the Rights of Crime Victims and Witnesses Act
22    and the Crime Victims Compensation Act. The curriculum
23    shall also include training in effective recognition of
24    and responses to stress, trauma, and post-traumatic stress
25    experienced by law enforcement officers that is consistent
26    with Section 25 of the Illinois Mental Health First Aid

 

 

HB5496 Enrolled- 45 -LRB102 25260 LNS 34533 b

1    Training Act in a peer setting, including recognizing
2    signs and symptoms of work-related cumulative stress,
3    issues that may lead to suicide, and solutions for
4    intervention with peer support resources. The curriculum
5    shall include a block of instruction addressing the
6    mandatory reporting requirements under the Abused and
7    Neglected Child Reporting Act. The curriculum shall also
8    include a block of instruction aimed at identifying and
9    interacting with persons with autism and other
10    developmental or physical disabilities, reducing barriers
11    to reporting crimes against persons with autism, and
12    addressing the unique challenges presented by cases
13    involving victims or witnesses with autism and other
14    developmental disabilities. The curriculum shall include
15    training in the detection and investigation of all forms
16    of human trafficking. The curriculum shall also include
17    instruction in trauma-informed responses designed to
18    ensure the physical safety and well-being of a child of an
19    arrested parent or immediate family member; this
20    instruction must include, but is not limited to: (1)
21    understanding the trauma experienced by the child while
22    maintaining the integrity of the arrest and safety of
23    officers, suspects, and other involved individuals; (2)
24    de-escalation tactics that would include the use of force
25    when reasonably necessary; and (3) inquiring whether a
26    child will require supervision and care. The curriculum

 

 

HB5496 Enrolled- 46 -LRB102 25260 LNS 34533 b

1    for probationary law enforcement officers shall include:
2    (1) at least 12 hours of hands-on, scenario-based
3    role-playing; (2) at least 6 hours of instruction on use
4    of force techniques, including the use of de-escalation
5    techniques to prevent or reduce the need for force
6    whenever safe and feasible; (3) specific training on
7    officer safety techniques, including cover, concealment,
8    and time; and (4) at least 6 hours of training focused on
9    high-risk traffic stops. The curriculum for permanent law
10    enforcement officers shall include, but not be limited to:
11    (1) refresher and in-service training in any of the
12    courses listed above in this subparagraph, (2) advanced
13    courses in any of the subjects listed above in this
14    subparagraph, (3) training for supervisory personnel, and
15    (4) specialized training in subjects and fields to be
16    selected by the board. The training in the use of
17    electronic control devices shall be conducted for
18    probationary law enforcement officers, including
19    University police officers. The curriculum shall also
20    include training on the use of a firearms restraining
21    order by providing instruction on the process used to file
22    a firearms restraining order and how to identify
23    situations in which a firearms restraining order is
24    appropriate.
25        b. Minimum courses of study, attendance requirements
26    and equipment requirements.

 

 

HB5496 Enrolled- 47 -LRB102 25260 LNS 34533 b

1        c. Minimum requirements for instructors.
2        d. Minimum basic training requirements, which a
3    probationary law enforcement officer must satisfactorily
4    complete before being eligible for permanent employment as
5    a local law enforcement officer for a participating local
6    governmental or State governmental agency. Those
7    requirements shall include training in first aid
8    (including cardiopulmonary resuscitation).
9        e. Minimum basic training requirements, which a
10    probationary county corrections officer must
11    satisfactorily complete before being eligible for
12    permanent employment as a county corrections officer for a
13    participating local governmental agency.
14        f. Minimum basic training requirements which a
15    probationary court security officer must satisfactorily
16    complete before being eligible for permanent employment as
17    a court security officer for a participating local
18    governmental agency. The Board shall establish those
19    training requirements which it considers appropriate for
20    court security officers and shall certify schools to
21    conduct that training.
22        A person hired to serve as a court security officer
23    must obtain from the Board a certificate (i) attesting to
24    the officer's successful completion of the training
25    course; (ii) attesting to the officer's satisfactory
26    completion of a training program of similar content and

 

 

HB5496 Enrolled- 48 -LRB102 25260 LNS 34533 b

1    number of hours that has been found acceptable by the
2    Board under the provisions of this Act; or (iii) attesting
3    to the Board's determination that the training course is
4    unnecessary because of the person's extensive prior law
5    enforcement experience.
6        Individuals who currently serve as court security
7    officers shall be deemed qualified to continue to serve in
8    that capacity so long as they are certified as provided by
9    this Act within 24 months of June 1, 1997 (the effective
10    date of Public Act 89-685). Failure to be so certified,
11    absent a waiver from the Board, shall cause the officer to
12    forfeit his or her position.
13        All individuals hired as court security officers on or
14    after June 1, 1997 (the effective date of Public Act
15    89-685) shall be certified within 12 months of the date of
16    their hire, unless a waiver has been obtained by the
17    Board, or they shall forfeit their positions.
18        The Sheriff's Merit Commission, if one exists, or the
19    Sheriff's Office if there is no Sheriff's Merit
20    Commission, shall maintain a list of all individuals who
21    have filed applications to become court security officers
22    and who meet the eligibility requirements established
23    under this Act. Either the Sheriff's Merit Commission, or
24    the Sheriff's Office if no Sheriff's Merit Commission
25    exists, shall establish a schedule of reasonable intervals
26    for verification of the applicants' qualifications under

 

 

HB5496 Enrolled- 49 -LRB102 25260 LNS 34533 b

1    this Act and as established by the Board.
2        g. Minimum in-service training requirements, which a
3    law enforcement officer must satisfactorily complete every
4    3 years. Those requirements shall include constitutional
5    and proper use of law enforcement authority, procedural
6    justice, civil rights, human rights, reporting child abuse
7    and neglect, and cultural competency, including implicit
8    bias and racial and ethnic sensitivity. These trainings
9    shall consist of at least 30 hours of training every 3
10    years.
11        h. Minimum in-service training requirements, which a
12    law enforcement officer must satisfactorily complete at
13    least annually. Those requirements shall include law
14    updates, emergency medical response training and
15    certification, crisis intervention training, and officer
16    wellness and mental health.
17        i. Minimum in-service training requirements as set
18    forth in Section 10.6.
19    The amendatory changes to this Section made by Public Act
20101-652 shall take effect January 1, 2022.
21(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
22101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
238-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
2410-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
251-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
26eff. 8-20-21; revised 10-5-21.)
 

 

 

HB5496 Enrolled- 50 -LRB102 25260 LNS 34533 b

1    Section 35. The Uniform Crime Reporting Act is amended by
2changing Section 5-5 as follows:
 
3    (50 ILCS 709/5-5)
4    Sec. 5-5. Definitions. As used in this Act:
5    "Arrest-related death" means any death of an individual
6while the individual's freedom to leave is restricted by a law
7enforcement officer while the officer is on duty, or otherwise
8acting within the scope of his or her employment, including
9any death resulting from a motor vehicle crash accident, if
10the law enforcement officer was engaged in direct action
11against the individual or the individual's vehicle during the
12process of apprehension. "Arrest-related death" does not
13include the death of law enforcement personnel.
14    "Domestic crime" means any crime attempted or committed
15between a victim and offender who have a domestic
16relationship, both current and past.
17    "Hate crime" has the same meaning as defined under Section
1812-7.1 of the Criminal Code of 2012.
19    "Law enforcement agency" means an agency of this State or
20unit of local government which is vested by law or ordinance
21with the duty to maintain public order and to enforce criminal
22law or ordinances.
23    "Law enforcement officer" or "officer" means any officer,
24agent, or employee of this State or a unit of local government

 

 

HB5496 Enrolled- 51 -LRB102 25260 LNS 34533 b

1authorized by law or by a government agency to engage in or
2supervise the prevention, detection, or investigation of any
3violation of criminal law, or authorized by law to supervise
4accused persons or sentenced criminal offenders.
5(Source: P.A. 102-538, eff. 8-20-21.)
 
6    Section 40. The Police and Community Relations Improvement
7Act is amended by changing Sections 1-5 and 1-10 as follows:
 
8    (50 ILCS 727/1-5)
9    Sec. 1-5. Definitions. As used in this Act:
10    "Law enforcement agency" means an agency of this State or
11unit of local government which is vested by law or ordinance
12with the duty to maintain public order and to enforce criminal
13laws or ordinances.
14    "Law enforcement officer" or "officer" means any person
15employed by a State, county, or municipality as a policeman,
16peace officer, or in some like position involving the
17enforcement of the law and protection of public interest at
18the risk of the person's life.
19    "Officer-involved death" means any death of an individual
20that results directly from an action or directly from an
21intentional omission, including unreasonable delay involving a
22person in custody or intentional failure to seek medical
23attention when the need for treatment is apparent, of a law
24enforcement officer while the officer is on duty, or otherwise

 

 

HB5496 Enrolled- 52 -LRB102 25260 LNS 34533 b

1acting within the scope of his or her employment, or while the
2officer is off duty, but performing activities that are within
3the scope of his or her law enforcement duties.
4"Officer-involved death" includes any death resulting from a
5motor vehicle crash accident, if the law enforcement officer
6was engaged in law enforcement activity involving the
7individual or the individual's vehicle in the process of
8apprehension or attempt to apprehend.
9(Source: P.A. 99-352, eff. 1-1-16.)
 
10    (50 ILCS 727/1-10)
11    Sec. 1-10. Investigation of officer-involved deaths;
12requirements.
13    (a) Each law enforcement agency shall have a written
14policy regarding the investigation of officer-involved deaths
15that involve a law enforcement officer employed by that law
16enforcement agency.
17    (b) Each officer-involved death investigation shall be
18conducted by at least 2 investigators, or an entity or agency
19comprised of at least 2 investigators, one of whom is the lead
20investigator. The lead investigator shall be a person
21certified by the Illinois Law Enforcement Training Standards
22Board as a Lead Homicide Investigator, or similar training
23approved by the Illinois Law Enforcement Training Standards
24Board or the Illinois State Police, or similar training
25provided at an Illinois Law Enforcement Training Standards

 

 

HB5496 Enrolled- 53 -LRB102 25260 LNS 34533 b

1Board certified school. No investigator involved in the
2investigation may be employed by the law enforcement agency
3that employs the officer involved in the officer-involved
4death, unless the investigator is employed by the Illinois
5State Police and is not assigned to the same division or unit
6as the officer involved in the death.
7    (c) In addition to the requirements of subsection (b) of
8this Section, if the officer-involved death being investigated
9involves a motor vehicle crash accident, at least one
10investigator shall be certified by the Illinois Law
11Enforcement Training Standards Board as a Crash Reconstruction
12Specialist, or similar training approved by the Illinois Law
13Enforcement Training Standards Board or the Illinois State
14Police, or similar training provided at an Illinois Law
15Enforcement Training Standards Board certified school.
16Notwithstanding the requirements of subsection (b) of this
17Section, the policy for a law enforcement agency, when the
18officer-involved death being investigated involves a motor
19vehicle collision, may allow the use of an investigator who is
20employed by that law enforcement agency and who is certified
21by the Illinois Law Enforcement Training Standards Board as a
22Crash Reconstruction Specialist, or similar training approved
23by the Illinois Law Enforcement Training and Standards Board,
24or similar certified training approved by the Illinois State
25Police, or similar training provided at an Illinois Law
26Enforcement Training and Standards Board certified school.

 

 

HB5496 Enrolled- 54 -LRB102 25260 LNS 34533 b

1    (d) The investigators conducting the investigation shall,
2in an expeditious manner, provide a complete report to the
3State's Attorney of the county in which the officer-involved
4death occurred.
5    (e) If the State's Attorney, or a designated special
6prosecutor, determines there is no basis to prosecute the law
7enforcement officer involved in the officer-involved death, or
8if the law enforcement officer is not otherwise charged or
9indicted, the investigators shall publicly release a report.
10(Source: P.A. 102-538, eff. 8-20-21.)
 
11    Section 45. The Counties Code is amended by changing
12Sections 3-3013 and 5-1182 as follows:
 
13    (55 ILCS 5/3-3013)  (from Ch. 34, par. 3-3013)
14    Sec. 3-3013. Preliminary investigations; blood and urine
15analysis; summoning jury; reports. Every coroner, whenever,
16as soon as he knows or is informed that the dead body of any
17person is found, or lying within his county, whose death is
18suspected of being:
19        (a) A sudden or violent death, whether apparently
20    suicidal, homicidal or accidental, including but not
21    limited to deaths apparently caused or contributed to by
22    thermal, traumatic, chemical, electrical or radiational
23    injury, or a complication of any of them, or by drowning or
24    suffocation, or as a result of domestic violence as

 

 

HB5496 Enrolled- 55 -LRB102 25260 LNS 34533 b

1    defined in the Illinois Domestic Violence Act of 1986;
2        (b) A death due to a sex crime;
3        (c) A death where the circumstances are suspicious,
4    obscure, mysterious or otherwise unexplained or where, in
5    the written opinion of the attending physician, the cause
6    of death is not determined;
7        (d) A death where addiction to alcohol or to any drug
8    may have been a contributory cause; or
9        (e) A death where the decedent was not attended by a
10    licensed physician;
11shall go to the place where the dead body is, and take charge
12of the same and shall make a preliminary investigation into
13the circumstances of the death. In the case of death without
14attendance by a licensed physician the body may be moved with
15the coroner's consent from the place of death to a mortuary in
16the same county. Coroners in their discretion shall notify
17such physician as is designated in accordance with Section
183-3014 to attempt to ascertain the cause of death, either by
19autopsy or otherwise.
20    In cases of accidental death involving a motor vehicle in
21which the decedent was (1) the operator or a suspected
22operator of a motor vehicle, or (2) a pedestrian 16 years of
23age or older, the coroner shall require that a blood specimen
24of at least 30 cc., and if medically possible a urine specimen
25of at least 30 cc. or as much as possible up to 30 cc., be
26withdrawn from the body of the decedent in a timely fashion

 

 

HB5496 Enrolled- 56 -LRB102 25260 LNS 34533 b

1after the crash accident causing his death, by such physician
2as has been designated in accordance with Section 3-3014, or
3by the coroner or deputy coroner or a qualified person
4designated by such physician, coroner, or deputy coroner. If
5the county does not maintain laboratory facilities for making
6such analysis, the blood and urine so drawn shall be sent to
7the Illinois State Police or any other accredited or
8State-certified laboratory for analysis of the alcohol, carbon
9monoxide, and dangerous or narcotic drug content of such blood
10and urine specimens. Each specimen submitted shall be
11accompanied by pertinent information concerning the decedent
12upon a form prescribed by such laboratory. Any person drawing
13blood and urine and any person making any examination of the
14blood and urine under the terms of this Division shall be
15immune from all liability, civil or criminal, that might
16otherwise be incurred or imposed.
17    In all other cases coming within the jurisdiction of the
18coroner and referred to in subparagraphs (a) through (e)
19above, blood, and whenever possible, urine samples shall be
20analyzed for the presence of alcohol and other drugs. When the
21coroner suspects that drugs may have been involved in the
22death, either directly or indirectly, a toxicological
23examination shall be performed which may include analyses of
24blood, urine, bile, gastric contents and other tissues. When
25the coroner suspects a death is due to toxic substances, other
26than drugs, the coroner shall consult with the toxicologist

 

 

HB5496 Enrolled- 57 -LRB102 25260 LNS 34533 b

1prior to collection of samples. Information submitted to the
2toxicologist shall include information as to height, weight,
3age, sex and race of the decedent as well as medical history,
4medications used by and the manner of death of decedent.
5    When the coroner or medical examiner finds that the cause
6of death is due to homicidal means, the coroner or medical
7examiner shall cause blood and buccal specimens (tissue may be
8submitted if no uncontaminated blood or buccal specimen can be
9obtained), whenever possible, to be withdrawn from the body of
10the decedent in a timely fashion. For proper preservation of
11the specimens, collected blood and buccal specimens shall be
12dried and tissue specimens shall be frozen if available
13equipment exists. As soon as possible, but no later than 30
14days after the collection of the specimens, the coroner or
15medical examiner shall release those specimens to the police
16agency responsible for investigating the death. As soon as
17possible, but no later than 30 days after the receipt from the
18coroner or medical examiner, the police agency shall submit
19the specimens using the agency case number to a National DNA
20Index System (NDIS) participating laboratory within this
21State, such as the Illinois State Police, Division of Forensic
22Services, for analysis and categorizing into genetic marker
23groupings. The results of the analysis and categorizing into
24genetic marker groupings shall be provided to the Illinois
25State Police and shall be maintained by the Illinois State
26Police in the State central repository in the same manner, and

 

 

HB5496 Enrolled- 58 -LRB102 25260 LNS 34533 b

1subject to the same conditions, as provided in Section 5-4-3
2of the Unified Code of Corrections. The requirements of this
3paragraph are in addition to any other findings, specimens, or
4information that the coroner or medical examiner is required
5to provide during the conduct of a criminal investigation.
6    In all counties, in cases of apparent suicide, homicide,
7or accidental death or in other cases, within the discretion
8of the coroner, the coroner may summon 8 persons of lawful age
9from those persons drawn for petit jurors in the county. The
10summons shall command these persons to present themselves
11personally at such a place and time as the coroner shall
12determine, and may be in any form which the coroner shall
13determine and may incorporate any reasonable form of request
14for acknowledgment which the coroner deems practical and
15provides a reliable proof of service. The summons may be
16served by first class mail. From the 8 persons so summoned, the
17coroner shall select 6 to serve as the jury for the inquest.
18Inquests may be continued from time to time, as the coroner may
19deem necessary. The 6 jurors selected in a given case may view
20the body of the deceased. If at any continuation of an inquest
21one or more of the original jurors shall be unable to continue
22to serve, the coroner shall fill the vacancy or vacancies. A
23juror serving pursuant to this paragraph shall receive
24compensation from the county at the same rate as the rate of
25compensation that is paid to petit or grand jurors in the
26county. The coroner shall furnish to each juror without fee at

 

 

HB5496 Enrolled- 59 -LRB102 25260 LNS 34533 b

1the time of his discharge a certificate of the number of days
2in attendance at an inquest, and, upon being presented with
3such certificate, the county treasurer shall pay to the juror
4the sum provided for his services.
5    In counties which have a jury commission, in cases of
6apparent suicide or homicide or of accidental death, the
7coroner may conduct an inquest. The jury commission shall
8provide at least 8 jurors to the coroner, from whom the coroner
9shall select any 6 to serve as the jury for the inquest.
10Inquests may be continued from time to time as the coroner may
11deem necessary. The 6 jurors originally chosen in a given case
12may view the body of the deceased. If at any continuation of an
13inquest one or more of the 6 jurors originally chosen shall be
14unable to continue to serve, the coroner shall fill the
15vacancy or vacancies. At the coroner's discretion, additional
16jurors to fill such vacancies shall be supplied by the jury
17commission. A juror serving pursuant to this paragraph in such
18county shall receive compensation from the county at the same
19rate as the rate of compensation that is paid to petit or grand
20jurors in the county.
21    In every case in which a fire is determined to be a
22contributing factor in a death, the coroner shall report the
23death to the Office of the State Fire Marshal. The coroner
24shall provide a copy of the death certificate (i) within 30
25days after filing the permanent death certificate and (ii) in
26a manner that is agreed upon by the coroner and the State Fire

 

 

HB5496 Enrolled- 60 -LRB102 25260 LNS 34533 b

1Marshal.
2    In every case in which a drug overdose is determined to be
3the cause or a contributing factor in the death, the coroner or
4medical examiner shall report the death to the Department of
5Public Health. The Department of Public Health shall adopt
6rules regarding specific information that must be reported in
7the event of such a death. If possible, the coroner shall
8report the cause of the overdose. As used in this Section,
9"overdose" has the same meaning as it does in Section 414 of
10the Illinois Controlled Substances Act. The Department of
11Public Health shall issue a semiannual report to the General
12Assembly summarizing the reports received. The Department
13shall also provide on its website a monthly report of overdose
14death figures organized by location, age, and any other
15factors, the Department deems appropriate.
16    In addition, in every case in which domestic violence is
17determined to be a contributing factor in a death, the coroner
18shall report the death to the Illinois State Police.
19    All deaths in State institutions and all deaths of wards
20of the State or youth in care as defined in Section 4d of the
21Children and Family Services Act in private care facilities or
22in programs funded by the Department of Human Services under
23its powers relating to mental health and developmental
24disabilities or alcoholism and substance abuse or funded by
25the Department of Children and Family Services shall be
26reported to the coroner of the county in which the facility is

 

 

HB5496 Enrolled- 61 -LRB102 25260 LNS 34533 b

1located. If the coroner has reason to believe that an
2investigation is needed to determine whether the death was
3caused by maltreatment or negligent care of the ward of the
4State or youth in care as defined in Section 4d of the Children
5and Family Services Act, the coroner may conduct a preliminary
6investigation of the circumstances of such death as in cases
7of death under circumstances set forth in paragraphs (a)
8through (e) of this Section.
9(Source: P.A. 101-13, eff. 6-12-19; 102-538, eff. 8-20-21.)
 
10    (55 ILCS 5/5-1182)
11    Sec. 5-1182. Charitable organizations; solicitation.
12    (a) No county may prohibit a charitable organization, as
13defined in Section 2 of the Charitable Games Act, from
14soliciting for charitable purposes, including solicitations
15taking place on public roadways from passing motorists, if all
16of the following requirements are met.
17        (1) The persons to be engaged in the solicitation are
18    law enforcement personnel, firefighters, or other persons
19    employed to protect the public safety of a local agency,
20    and those persons are soliciting solely in an area that is
21    within the service area of that local agency.
22        (2) The charitable organization files an application
23    with the county having jurisdiction over the location or
24    locations where the solicitation is to occur. The
25    applications shall be filed not later than 10 business

 

 

HB5496 Enrolled- 62 -LRB102 25260 LNS 34533 b

1    days before the date that the solicitation is to begin and
2    shall include all of the following:
3            (A) The date or dates and times of day when the
4        solicitation is to occur.
5            (B) The location or locations where the
6        solicitation is to occur along with a list of 3
7        alternate locations listed in order of preference.
8            (C) The manner and conditions under which the
9        solicitation is to occur.
10            (D) Proof of a valid liability insurance policy in
11        the amount of at least $1,000,000 insuring the charity
12        or local agency against bodily injury and property
13        damage arising out of or in connection with the
14        solicitation.
15    The county shall approve the application within 5 business
16days after the filing date of the application, but may impose
17reasonable conditions in writing that are consistent with the
18intent of this Section and are based on articulated public
19safety concerns. If the county determines that the applicant's
20location cannot be permitted due to significant safety
21concerns, such as high traffic volumes, poor geometrics,
22construction, maintenance operations, or past crash accident
23history, then the county may deny the application for that
24location and must approve one of the 3 alternate locations
25following the order of preference submitted by the applicant
26on the alternate location list. By acting under this Section,

 

 

HB5496 Enrolled- 63 -LRB102 25260 LNS 34533 b

1a local agency does not waive or limit any immunity from
2liability provided by any other provision of law.
3    (b) For purposes of this Section, "local agency" means a
4county, special district, fire district, joint powers of
5authority, or other political subdivision of the State of
6Illinois.
7    (c) A home rule unit may not regulate a charitable
8organization in a manner that is inconsistent with this
9Section. This Section is a limitation under subsection (i) of
10Section 6 of Article VII of the Illinois Constitution on the
11concurrent exercise by home rule units of powers and functions
12exercised by the State.
13(Source: P.A. 97-692, eff. 6-15-12; 98-134, eff. 8-2-13.)
 
14    Section 50. The Illinois Municipal Code is amended by
15changing Section 11-80-9 as follows:
 
16    (65 ILCS 5/11-80-9)  (from Ch. 24, par. 11-80-9)
17    Sec. 11-80-9. The corporate authorities of each
18municipality may prevent and regulate all amusements and
19activities having a tendency to annoy or endanger persons or
20property on the sidewalks, streets, and other municipal
21property. However, no municipality may prohibit a charitable
22organization, as defined in Section 2 of the Charitable Games
23Act, from soliciting for charitable purposes, including
24solicitations taking place on public roadways from passing

 

 

HB5496 Enrolled- 64 -LRB102 25260 LNS 34533 b

1motorists, if all of the following requirements are met.
2        (1) The persons to be engaged in the solicitation are
3    law enforcement personnel, firefighters, or other persons
4    employed to protect the public safety of a local agency,
5    and that are soliciting solely in an area that is within
6    the service area of that local agency.
7        (2) The charitable organization files an application
8    with the municipality having jurisdiction over the
9    location or locations where the solicitation is to occur.
10    The application shall be filed not later than 10 business
11    days before the date that the solicitation is to begin and
12    shall include all of the following:
13            (A) The date or dates and times of day when the
14        solicitation is to occur.
15            (B) The location or locations where the
16        solicitation is to occur along with a list of 3
17        alternate locations listed in order of preference.
18            (C) The manner and conditions under which the
19        solicitation is to occur.
20            (D) Proof of a valid liability insurance policy in
21        the amount of at least $1,000,000 insuring the charity
22        or local agency against bodily injury and property
23        damage arising out of or in connection with the
24        solicitation.
25    The municipality shall approve the application within 5
26business days after the filing date of the application, but

 

 

HB5496 Enrolled- 65 -LRB102 25260 LNS 34533 b

1may impose reasonable conditions in writing that are
2consistent with the intent of this Section and are based on
3articulated public safety concerns. If the municipality
4determines that the applicant's location cannot be permitted
5due to significant safety concerns, such as high traffic
6volumes, poor geometrics, construction, maintenance
7operations, or past crash accident history, then the
8municipality may deny the application for that location and
9must approve one of the 3 alternate locations following the
10order of preference submitted by the applicant on the
11alternate location list. By acting under this Section, a local
12agency does not waive or limit any immunity from liability
13provided by any other provision of law.
14    For purposes of this Section, "local agency" means a
15municipality, special district, fire district, joint powers of
16authority, or other political subdivision of the State of
17Illinois.
18    A home rule unit may not regulate a charitable
19organization in a manner that is inconsistent with this
20Section. This Section is a limitation under subsection (i) of
21Section 6 of Article VII of the Illinois Constitution on the
22concurrent exercise by home rule units of powers and functions
23exercised by the State.
24(Source: P.A. 97-692, eff. 6-15-12; 98-134, eff. 8-2-13;
2598-756, eff. 7-16-14.)
 

 

 

HB5496 Enrolled- 66 -LRB102 25260 LNS 34533 b

1    Section 55. The Illinois Insurance Code is amended by
2changing Sections 143.01, 143.19, 143.19.1, 143.19.3, 143.24b,
3143.29, 143.32, 143a, and 143a-2 as follows:
 
4    (215 ILCS 5/143.01)  (from Ch. 73, par. 755.01)
5    Sec. 143.01. (a) A provision in a policy of vehicle
6insurance described in Section 4 excluding coverage for bodily
7injury to members of the family of the insured shall not be
8applicable when a third party acquires a right of contribution
9against a member of the injured person's family.
10    (b) A provision in a policy of vehicle insurance excluding
11coverage for bodily injury to members of the family of the
12insured shall not be applicable when any person not in the
13household of the insured was driving the vehicle of the
14insured involved in the crash accident which is the subject of
15the claim or lawsuit.
16    This subsection (b) applies to any action filed on or
17after its effective date.
18(Source: P.A. 83-1132.)
 
19    (215 ILCS 5/143.19)  (from Ch. 73, par. 755.19)
20    (Text of Section before amendment by P.A. 101-652)
21    Sec. 143.19. Cancellation of automobile insurance policy;
22grounds. After a policy of automobile insurance as defined in
23Section 143.13(a) has been effective for 60 days, or if such
24policy is a renewal policy, the insurer shall not exercise its

 

 

HB5496 Enrolled- 67 -LRB102 25260 LNS 34533 b

1option to cancel such policy except for one or more of the
2following reasons:
3        a. Nonpayment of premium;
4        b. The policy was obtained through a material
5    misrepresentation;
6        c. Any insured violated any of the terms and
7    conditions of the policy;
8        d. The named insured failed to disclose fully his
9    motor vehicle crashes accidents and moving traffic
10    violations for the preceding 36 months if called for in
11    the application;
12        e. Any insured made a false or fraudulent claim or
13    knowingly aided or abetted another in the presentation of
14    such a claim;
15        f. The named insured or any other operator who either
16    resides in the same household or customarily operates an
17    automobile insured under such policy:
18            1. has, within the 12 months prior to the notice of
19        cancellation, had his driver's license under
20        suspension or revocation;
21            2. is or becomes subject to epilepsy or heart
22        attacks, and such individual does not produce a
23        certificate from a physician testifying to his
24        unqualified ability to operate a motor vehicle safely;
25            3. has a crash an accident record, conviction
26        record (criminal or traffic), physical, or mental

 

 

HB5496 Enrolled- 68 -LRB102 25260 LNS 34533 b

1        condition which is such that his operation of an
2        automobile might endanger the public safety;
3            4. has, within the 36 months prior to the notice of
4        cancellation, been addicted to the use of narcotics or
5        other drugs; or
6            5. has been convicted, or forfeited bail, during
7        the 36 months immediately preceding the notice of
8        cancellation, for any felony, criminal negligence
9        resulting in death, homicide or assault arising out of
10        the operation of a motor vehicle, operating a motor
11        vehicle while in an intoxicated condition or while
12        under the influence of drugs, being intoxicated while
13        in, or about, an automobile or while having custody of
14        an automobile, leaving the scene of a crash an
15        accident without stopping to report, theft or unlawful
16        taking of a motor vehicle, making false statements in
17        an application for an operator's or chauffeur's
18        license or has been convicted or forfeited bail for 3
19        or more violations within the 12 months immediately
20        preceding the notice of cancellation, of any law,
21        ordinance, or regulation limiting the speed of motor
22        vehicles or any of the provisions of the motor vehicle
23        laws of any state, violation of which constitutes a
24        misdemeanor, whether or not the violations were
25        repetitions of the same offense or different offenses;
26        g. The insured automobile is:

 

 

HB5496 Enrolled- 69 -LRB102 25260 LNS 34533 b

1            1. so mechanically defective that its operation
2        might endanger public safety;
3            2. used in carrying passengers for hire or
4        compensation (the use of an automobile for a car pool
5        shall not be considered use of an automobile for hire
6        or compensation);
7            3. used in the business of transportation of
8        flammables or explosives;
9            4. an authorized emergency vehicle;
10            5. changed in shape or condition during the policy
11        period so as to increase the risk substantially; or
12            6. subject to an inspection law and has not been
13        inspected or, if inspected, has failed to qualify.
14    Nothing in this Section shall apply to nonrenewal.
15(Source: P.A. 100-201, eff. 8-18-17.)
 
16    (Text of Section after amendment by P.A. 101-652)
17    Sec. 143.19. Cancellation of automobile insurance policy;
18grounds. After a policy of automobile insurance as defined in
19Section 143.13(a) has been effective for 60 days, or if such
20policy is a renewal policy, the insurer shall not exercise its
21option to cancel such policy except for one or more of the
22following reasons:
23        a. Nonpayment of premium;
24        b. The policy was obtained through a material
25    misrepresentation;

 

 

HB5496 Enrolled- 70 -LRB102 25260 LNS 34533 b

1        c. Any insured violated any of the terms and
2    conditions of the policy;
3        d. The named insured failed to disclose fully his
4    motor vehicle crashes accidents and moving traffic
5    violations for the preceding 36 months if called for in
6    the application;
7        e. Any insured made a false or fraudulent claim or
8    knowingly aided or abetted another in the presentation of
9    such a claim;
10        f. The named insured or any other operator who either
11    resides in the same household or customarily operates an
12    automobile insured under such policy:
13            1. has, within the 12 months prior to the notice of
14        cancellation, had his driver's license under
15        suspension or revocation;
16            2. is or becomes subject to epilepsy or heart
17        attacks, and such individual does not produce a
18        certificate from a physician testifying to his
19        unqualified ability to operate a motor vehicle safely;
20            3. has a crash an accident record, conviction
21        record (criminal or traffic), physical, or mental
22        condition which is such that his operation of an
23        automobile might endanger the public safety;
24            4. has, within the 36 months prior to the notice of
25        cancellation, been addicted to the use of narcotics or
26        other drugs; or

 

 

HB5496 Enrolled- 71 -LRB102 25260 LNS 34533 b

1            5. has been convicted, or violated conditions of
2        pretrial release, during the 36 months immediately
3        preceding the notice of cancellation, for any felony,
4        criminal negligence resulting in death, homicide or
5        assault arising out of the operation of a motor
6        vehicle, operating a motor vehicle while in an
7        intoxicated condition or while under the influence of
8        drugs, being intoxicated while in, or about, an
9        automobile or while having custody of an automobile,
10        leaving the scene of a crash an accident without
11        stopping to report, theft or unlawful taking of a
12        motor vehicle, making false statements in an
13        application for an operator's or chauffeur's license
14        or has been convicted or pretrial release has been
15        revoked for 3 or more violations within the 12 months
16        immediately preceding the notice of cancellation, of
17        any law, ordinance, or regulation limiting the speed
18        of motor vehicles or any of the provisions of the motor
19        vehicle laws of any state, violation of which
20        constitutes a misdemeanor, whether or not the
21        violations were repetitions of the same offense or
22        different offenses;
23        g. The insured automobile is:
24            1. so mechanically defective that its operation
25        might endanger public safety;
26            2. used in carrying passengers for hire or

 

 

HB5496 Enrolled- 72 -LRB102 25260 LNS 34533 b

1        compensation (the use of an automobile for a car pool
2        shall not be considered use of an automobile for hire
3        or compensation);
4            3. used in the business of transportation of
5        flammables or explosives;
6            4. an authorized emergency vehicle;
7            5. changed in shape or condition during the policy
8        period so as to increase the risk substantially; or
9            6. subject to an inspection law and has not been
10        inspected or, if inspected, has failed to qualify.
11    Nothing in this Section shall apply to nonrenewal.
12(Source: P.A. 100-201, eff. 8-18-17; 101-652, eff. 1-1-23.)
 
13    (215 ILCS 5/143.19.1)  (from Ch. 73, par. 755.19.1)
14    (Text of Section before amendment by P.A. 101-652)
15    Sec. 143.19.1. Limits on exercise of right of nonrenewal.
16After a policy of automobile insurance, as defined in Section
17143.13, has been effective or renewed for 5 or more years, the
18company shall not exercise its right of non-renewal unless:
19    a. The policy was obtained through a material
20misrepresentation; or
21    b. Any insured violated any of the terms and conditions of
22the policy; or
23    c. The named insured failed to disclose fully his motor
24vehicle crashes accidents and moving traffic violations for
25the preceding 36 months, if such information is called for in

 

 

HB5496 Enrolled- 73 -LRB102 25260 LNS 34533 b

1the application; or
2    d. Any insured made a false or fraudulent claim or
3knowingly aided or abetted another in the presentation of such
4a claim; or
5    e. The named insured or any other operator who either
6resides in the same household or customarily operates an
7automobile insured under such a policy:
8        1. Has, within the 12 months prior to the notice of
9    non-renewal had his drivers license under suspension or
10    revocation; or
11        2. Is or becomes subject to epilepsy or heart attacks,
12    and such individual does not produce a certificate from a
13    physician testifying to his unqualified ability to operate
14    a motor vehicle safely; or
15        3. Has a crash an accident record, conviction record
16    (criminal or traffic), or a physical or mental condition
17    which is such that his operation of an automobile might
18    endanger the public safety; or
19        4. Has, within the 36 months prior to the notice of
20    non-renewal, been addicted to the use of narcotics or
21    other drugs; or
22        5. Has been convicted or forfeited bail, during the 36
23    months immediately preceding the notice of non-renewal,
24    for any felony, criminal negligence resulting in death,
25    homicide or assault arising out of the operation of a
26    motor vehicle, operating a motor vehicle while in an

 

 

HB5496 Enrolled- 74 -LRB102 25260 LNS 34533 b

1    intoxicated condition or while under the influence of
2    drugs, being intoxicated while in or about an automobile
3    or while having custody of an automobile, leaving the
4    scene of a crash an accident without stopping to report,
5    theft or unlawful taking of a motor vehicle, making false
6    statements in an application for an operators or
7    chauffeurs license, or has been convicted or forfeited
8    bail for 3 or more violations within the 12 months
9    immediately preceding the notice of non-renewal, of any
10    law, ordinance or regulation limiting the speed of motor
11    vehicles or any of the provisions of the motor vehicle
12    laws of any state, violation of which constitutes a
13    misdemeanor, whether or not the violations were
14    repetitions of the same offense or different offenses; or
15    f. The insured automobile is:
16        1. So mechanically defective that its operation might
17    endanger public safety; or
18        2. Used in carrying passengers for hire or
19    compensation (the use of an automobile for a car pool
20    shall not be considered use of an automobile for hire or
21    compensation); or
22        3. Used in the business of transportation of
23    flammables or explosives; or
24        4. An authorized emergency vehicle; or
25        5. Changed in shape or condition during the policy
26    period so as to increase the risk substantially; or

 

 

HB5496 Enrolled- 75 -LRB102 25260 LNS 34533 b

1        6. Subject to an inspection law and it has not been
2    inspected or, if inspected, has failed to qualify; or
3    g. The notice of the intention not to renew is mailed to
4the insured at least 60 days before the date of nonrenewal as
5provided in Section 143.17.
6(Source: P.A. 89-669, eff. 1-1-97.)
 
7    (Text of Section after amendment by P.A. 101-652)
8    Sec. 143.19.1. Limits on exercise of right of nonrenewal.
9After a policy of automobile insurance, as defined in Section
10143.13, has been effective or renewed for 5 or more years, the
11company shall not exercise its right of non-renewal unless:
12    a. The policy was obtained through a material
13misrepresentation; or
14    b. Any insured violated any of the terms and conditions of
15the policy; or
16    c. The named insured failed to disclose fully his motor
17vehicle crashes accidents and moving traffic violations for
18the preceding 36 months, if such information is called for in
19the application; or
20    d. Any insured made a false or fraudulent claim or
21knowingly aided or abetted another in the presentation of such
22a claim; or
23    e. The named insured or any other operator who either
24resides in the same household or customarily operates an
25automobile insured under such a policy:

 

 

HB5496 Enrolled- 76 -LRB102 25260 LNS 34533 b

1        1. Has, within the 12 months prior to the notice of
2    non-renewal had his drivers license under suspension or
3    revocation; or
4        2. Is or becomes subject to epilepsy or heart attacks,
5    and such individual does not produce a certificate from a
6    physician testifying to his unqualified ability to operate
7    a motor vehicle safely; or
8        3. Has a crash an accident record, conviction record
9    (criminal or traffic), or a physical or mental condition
10    which is such that his operation of an automobile might
11    endanger the public safety; or
12        4. Has, within the 36 months prior to the notice of
13    non-renewal, been addicted to the use of narcotics or
14    other drugs; or
15        5. Has been convicted or pretrial release has been
16    revoked, during the 36 months immediately preceding the
17    notice of non-renewal, for any felony, criminal negligence
18    resulting in death, homicide or assault arising out of the
19    operation of a motor vehicle, operating a motor vehicle
20    while in an intoxicated condition or while under the
21    influence of drugs, being intoxicated while in or about an
22    automobile or while having custody of an automobile,
23    leaving the scene of a crash an accident without stopping
24    to report, theft or unlawful taking of a motor vehicle,
25    making false statements in an application for an operators
26    or chauffeurs license, or has been convicted or pretrial

 

 

HB5496 Enrolled- 77 -LRB102 25260 LNS 34533 b

1    release has been revoked for 3 or more violations within
2    the 12 months immediately preceding the notice of
3    non-renewal, of any law, ordinance or regulation limiting
4    the speed of motor vehicles or any of the provisions of the
5    motor vehicle laws of any state, violation of which
6    constitutes a misdemeanor, whether or not the violations
7    were repetitions of the same offense or different
8    offenses; or
9    f. The insured automobile is:
10        1. So mechanically defective that its operation might
11    endanger public safety; or
12        2. Used in carrying passengers for hire or
13    compensation (the use of an automobile for a car pool
14    shall not be considered use of an automobile for hire or
15    compensation); or
16        3. Used in the business of transportation of
17    flammables or explosives; or
18        4. An authorized emergency vehicle; or
19        5. Changed in shape or condition during the policy
20    period so as to increase the risk substantially; or
21        6. Subject to an inspection law and it has not been
22    inspected or, if inspected, has failed to qualify; or
23    g. The notice of the intention not to renew is mailed to
24the insured at least 60 days before the date of nonrenewal as
25provided in Section 143.17.
26(Source: P.A. 101-652, eff. 1-1-23.)
 

 

 

HB5496 Enrolled- 78 -LRB102 25260 LNS 34533 b

1    (215 ILCS 5/143.19.3)
2    Sec. 143.19.3. Prohibition of rate increase for persons
3involved in emergency use of vehicles.
4    (a) No insurer authorized to transact or transacting
5business in this State, or controlling or controlled by or
6under common control by or with an insurer authorized to
7transact or transacting business in this State, that sells a
8personal policy of automobile insurance in this State shall
9increase the policy premium, cancel the policy, or refuse to
10renew the policy solely because the insured or any other
11person who customarily operates an automobile covered by the
12policy has been involved in a crash had an accident while
13operating an automobile in response to an emergency when the
14insured was responding to a call to duty as a volunteer EMS
15provider, as defined in Section 1-220 of the Illinois Vehicle
16Code.
17    (b) The provisions of subsection (a) also apply to all
18personal umbrella policies.
19(Source: P.A. 100-657, eff. 8-1-18.)
 
20    (215 ILCS 5/143.24b)  (from Ch. 73, par. 755.24b)
21    Sec. 143.24b. Any insurer insuring any person or entity
22against damages arising out of a vehicular crash accident
23shall disclose the dollar amount of liability coverage under
24the insured's personal private passenger automobile liability

 

 

HB5496 Enrolled- 79 -LRB102 25260 LNS 34533 b

1insurance policy upon receipt of the following: (a) a
2certified letter from a claimant or any attorney purporting to
3represent any claimant which requests such disclosure and (b)
4a brief description of the nature and extent of the injuries,
5accompanied by a statement of the amount of medical bills
6incurred to date and copies of medical records. The disclosure
7shall be confidential and available only to the claimant, his
8attorney and personnel in the office of the attorney entitled
9to access to the claimant's files. The insurer shall forward
10the information to the party requesting it by certified mail,
11return receipt requested, within 30 days of receipt of the
12request.
13(Source: P.A. 85-1209.)
 
14    (215 ILCS 5/143.29)  (from Ch. 73, par. 755.29)
15    Sec. 143.29. (a) The rates and premium charges for every
16policy of automobile liability insurance shall include
17appropriate reductions as determined by the insurer for any
18insured over age 55 upon successful completion of the National
19Safety Council's Defensive Driving Course or a motor vehicle
20crash accident prevention course, including an eLearning
21course, that is found by the Secretary of State to meet or
22exceed the standards of the National Safety Council's
23Defensive Driving Course's 8 hour classroom safety instruction
24program.
25    (b) The premium reduction shall remain in effect for the

 

 

HB5496 Enrolled- 80 -LRB102 25260 LNS 34533 b

1qualifying insured for a period of 3 years from the date of
2successful completion of the crash accident prevention course,
3except that the insurer may elect to apply the premium
4reduction beginning either with the last effective date of the
5policy or the next renewal date of the policy if the reduction
6will result in a savings as though applied over a full 3 year
7period. An insured who has completed the course of instruction
8prior to July 1, 1982 shall receive the insurance premium
9reduction for only the period remaining within the 3 years
10from course completion. The period of premium reduction for an
11insured who has repeated the crash accident prevention course
12shall be based upon the last such course the insured has
13successfully completed.
14    (c) Any crash accident prevention course approved by the
15Secretary of State under this Section shall be taught by an
16instructor approved by the Secretary of State, shall consist
17of at least 8 hours of classroom or eLearning equivalent
18instruction and shall provide for a certificate of completion.
19Records of certification of course completion shall be
20maintained in a manner acceptable to the Secretary of State.
21    (d) Any person claiming eligibility for a rate or premium
22reduction shall be responsible for providing to his insurance
23company the information necessary to determine eligibility.
24    (e) This Section shall not apply to:
25        (1) any motor vehicle which is a part of a fleet or is
26    used for commercial purposes unless there is a regularly

 

 

HB5496 Enrolled- 81 -LRB102 25260 LNS 34533 b

1    assigned principal operator.
2        (2) any motor vehicle subject to a higher premium rate
3    because of the insured's previous motor vehicle claim
4    experience or to any motor vehicle whose principal
5    operator has been convicted of violating any of the motor
6    vehicle laws of this State, until that operator shall have
7    maintained a driving record free of crashes accidents and
8    moving violations for a continuous one year period, in
9    which case such driver shall be eligible for a reduction
10    the remaining 2 years of the 3 year period.
11        (3) any motor vehicle whose principal operator has had
12    his drivers license revoked or suspended for any reason by
13    the Secretary of State within the previous 36 months.
14        (4) any policy of group automobile insurance under
15    which premiums are broadly averaged for the group rather
16    than determined individually.
17(Source: P.A. 102-397, eff. 1-1-22.)
 
18    (215 ILCS 5/143.32)
19    Sec. 143.32. Replacement of child restraint systems. A
20policy of automobile insurance, as defined in Section 143.13,
21that is amended, delivered, issued, or renewed after the
22effective date of this amendatory Act of the 91st General
23Assembly must include coverage for replacement of a child
24restraint system that was in use by a child during a crash an
25accident to which coverage is applicable. As used in this

 

 

HB5496 Enrolled- 82 -LRB102 25260 LNS 34533 b

1Section, "child restraint system" has the meaning given that
2term in the Child Passenger Restraint Act.
3(Source: P.A. 91-749, eff. 6-2-00.)
 
4    (215 ILCS 5/143a)  (from Ch. 73, par. 755a)
5    Sec. 143a. Uninsured and hit and run motor vehicle
6coverage.
7    (1) No policy insuring against loss resulting from
8liability imposed by law for bodily injury or death suffered
9by any person arising out of the ownership, maintenance or use
10of a motor vehicle that is designed for use on public highways
11and that is either required to be registered in this State or
12is principally garaged in this State shall be renewed,
13delivered, or issued for delivery in this State unless
14coverage is provided therein or supplemental thereto, in
15limits for bodily injury or death set forth in Section 7-203 of
16the Illinois Vehicle Code for the protection of persons
17insured thereunder who are legally entitled to recover damages
18from owners or operators of uninsured motor vehicles and
19hit-and-run motor vehicles because of bodily injury, sickness
20or disease, including death, resulting therefrom. Uninsured
21motor vehicle coverage does not apply to bodily injury,
22sickness, disease, or death resulting therefrom, of an insured
23while occupying a motor vehicle owned by, or furnished or
24available for the regular use of the insured, a resident
25spouse or resident relative, if that motor vehicle is not

 

 

HB5496 Enrolled- 83 -LRB102 25260 LNS 34533 b

1described in the policy under which a claim is made or is not a
2newly acquired or replacement motor vehicle covered under the
3terms of the policy. The limits for any coverage for any
4vehicle under the policy may not be aggregated with the limits
5for any similar coverage, whether provided by the same insurer
6or another insurer, applying to other motor vehicles, for
7purposes of determining the total limit of insurance coverage
8available for bodily injury or death suffered by a person in
9any one crash accident. No policy shall be renewed, delivered,
10or issued for delivery in this State unless it is provided
11therein that any dispute with respect to the coverage and the
12amount of damages shall be submitted for arbitration to the
13American Arbitration Association and be subject to its rules
14for the conduct of arbitration hearings as to all matters
15except medical opinions. As to medical opinions, if the amount
16of damages being sought is equal to or less than the amount
17provided for in Section 7-203 of the Illinois Vehicle Code,
18then the current American Arbitration Association Rules shall
19apply. If the amount being sought in an American Arbitration
20Association case exceeds that amount as set forth in Section
217-203 of the Illinois Vehicle Code, then the Rules of Evidence
22that apply in the circuit court for placing medical opinions
23into evidence shall govern. Alternatively, disputes with
24respect to damages and the coverage shall be determined in the
25following manner: Upon the insured requesting arbitration,
26each party to the dispute shall select an arbitrator and the 2

 

 

HB5496 Enrolled- 84 -LRB102 25260 LNS 34533 b

1arbitrators so named shall select a third arbitrator. If such
2arbitrators are not selected within 45 days from such request,
3either party may request that the arbitration be submitted to
4the American Arbitration Association. Any decision made by the
5arbitrators shall be binding for the amount of damages not
6exceeding $75,000 for bodily injury to or death of any one
7person, $150,000 for bodily injury to or death of 2 or more
8persons in any one motor vehicle crash accident, or the
9corresponding policy limits for bodily injury or death,
10whichever is less. All 3-person arbitration cases proceeding
11in accordance with any uninsured motorist coverage conducted
12in this State in which the claimant is only seeking monetary
13damages up to the limits set forth in Section 7-203 of the
14Illinois Vehicle Code shall be subject to the following rules:
15        (A) If at least 60 days' written notice of the
16    intention to offer the following documents in evidence is
17    given to every other party, accompanied by a copy of the
18    document, a party may offer in evidence, without
19    foundation or other proof:
20            (1) bills, records, and reports of hospitals,
21        doctors, dentists, registered nurses, licensed
22        practical nurses, physical therapists, and other
23        healthcare providers;
24            (2) bills for drugs, medical appliances, and
25        prostheses;
26            (3) property repair bills or estimates, when

 

 

HB5496 Enrolled- 85 -LRB102 25260 LNS 34533 b

1        identified and itemized setting forth the charges for
2        labor and material used or proposed for use in the
3        repair of the property;
4            (4) a report of the rate of earnings and time lost
5        from work or lost compensation prepared by an
6        employer;
7            (5) the written opinion of an opinion witness, the
8        deposition of a witness, and the statement of a
9        witness that the witness would be allowed to express
10        if testifying in person, if the opinion or statement
11        is made by affidavit or by certification as provided
12        in Section 1-109 of the Code of Civil Procedure;
13            (6) any other document not specifically covered by
14        any of the foregoing provisions that is otherwise
15        admissible under the rules of evidence.
16        Any party receiving a notice under this paragraph (A)
17    may apply to the arbitrator or panel of arbitrators, as
18    the case may be, for the issuance of a subpoena directed to
19    the author or maker or custodian of the document that is
20    the subject of the notice, requiring the person subpoenaed
21    to produce copies of any additional documents as may be
22    related to the subject matter of the document that is the
23    subject of the notice. Any such subpoena shall be issued
24    in substantially similar form and served by notice as
25    provided by Illinois Supreme Court Rule 204(a)(4). Any
26    such subpoena shall be returnable not less than 5 days

 

 

HB5496 Enrolled- 86 -LRB102 25260 LNS 34533 b

1    before the arbitration hearing.
2        (B) Notwithstanding the provisions of Supreme Court
3    Rule 213(g), a party who proposes to use a written opinion
4    of an expert or opinion witness or the testimony of an
5    expert or opinion witness at the hearing may do so
6    provided a written notice of that intention is given to
7    every other party not less than 60 days prior to the date
8    of hearing, accompanied by a statement containing the
9    identity of the witness, his or her qualifications, the
10    subject matter, the basis of the witness's conclusions,
11    and his or her opinion.
12        (C) Any other party may subpoena the author or maker
13    of a document admissible under this subsection, at that
14    party's expense, and examine the author or maker as if
15    under cross-examination. The provisions of Section 2-1101
16    of the Code of Civil Procedure shall be applicable to
17    arbitration hearings, and it shall be the duty of a party
18    requesting the subpoena to modify the form to show that
19    the appearance is set before an arbitration panel and to
20    give the time and place set for the hearing.
21        (D) The provisions of Section 2-1102 of the Code of
22    Civil Procedure shall be applicable to arbitration
23    hearings under this subsection.
24    (2) No policy insuring against loss resulting from
25liability imposed by law for property damage arising out of
26the ownership, maintenance, or use of a motor vehicle shall be

 

 

HB5496 Enrolled- 87 -LRB102 25260 LNS 34533 b

1renewed, delivered, or issued for delivery in this State with
2respect to any private passenger or recreational motor vehicle
3that is designed for use on public highways and that is either
4required to be registered in this State or is principally
5garaged in this State and is not covered by collision
6insurance under the provisions of such policy, unless coverage
7is made available in the amount of the actual cash value of the
8motor vehicle described in the policy or $15,000 whichever is
9less, subject to a $250 deductible, for the protection of
10persons insured thereunder who are legally entitled to recover
11damages from owners or operators of uninsured motor vehicles
12and hit-and-run motor vehicles because of property damage to
13the motor vehicle described in the policy.
14    There shall be no liability imposed under the uninsured
15motorist property damage coverage required by this subsection
16if the owner or operator of the at-fault uninsured motor
17vehicle or hit-and-run motor vehicle cannot be identified.
18This subsection shall not apply to any policy which does not
19provide primary motor vehicle liability insurance for
20liabilities arising from the maintenance, operation, or use of
21a specifically insured motor vehicle.
22    Each insurance company providing motor vehicle property
23damage liability insurance shall advise applicants of the
24availability of uninsured motor vehicle property damage
25coverage, the premium therefor, and provide a brief
26description of the coverage. That information need be given

 

 

HB5496 Enrolled- 88 -LRB102 25260 LNS 34533 b

1only once and shall not be required in any subsequent renewal,
2reinstatement or reissuance, substitute, amended, replacement
3or supplementary policy. No written rejection shall be
4required, and the absence of a premium payment for uninsured
5motor vehicle property damage shall constitute conclusive
6proof that the applicant or policyholder has elected not to
7accept uninsured motorist property damage coverage.
8    An insurance company issuing uninsured motor vehicle
9property damage coverage may provide that:
10        (i) Property damage losses recoverable thereunder
11    shall be limited to damages caused by the actual physical
12    contact of an uninsured motor vehicle with the insured
13    motor vehicle.
14        (ii) There shall be no coverage for loss of use of the
15    insured motor vehicle and no coverage for loss or damage
16    to personal property located in the insured motor vehicle.
17        (iii) Any claim submitted shall include the name and
18    address of the owner of the at-fault uninsured motor
19    vehicle, or a registration number and description of the
20    vehicle, or any other available information to establish
21    that there is no applicable motor vehicle property damage
22    liability insurance.
23    Any dispute with respect to the coverage and the amount of
24damages shall be submitted for arbitration to the American
25Arbitration Association and be subject to its rules for the
26conduct of arbitration hearings or for determination in the

 

 

HB5496 Enrolled- 89 -LRB102 25260 LNS 34533 b

1following manner: Upon the insured requesting arbitration,
2each party to the dispute shall select an arbitrator and the 2
3arbitrators so named shall select a third arbitrator. If such
4arbitrators are not selected within 45 days from such request,
5either party may request that the arbitration be submitted to
6the American Arbitration Association. Any arbitration
7proceeding under this subsection seeking recovery for property
8damages shall be subject to the following rules:
9        (A) If at least 60 days' written notice of the
10    intention to offer the following documents in evidence is
11    given to every other party, accompanied by a copy of the
12    document, a party may offer in evidence, without
13    foundation or other proof:
14            (1) property repair bills or estimates, when
15        identified and itemized setting forth the charges for
16        labor and material used or proposed for use in the
17        repair of the property;
18            (2) the written opinion of an opinion witness, the
19        deposition of a witness, and the statement of a
20        witness that the witness would be allowed to express
21        if testifying in person, if the opinion or statement
22        is made by affidavit or by certification as provided
23        in Section 1-109 of the Code of Civil Procedure;
24            (3) any other document not specifically covered by
25        any of the foregoing provisions that is otherwise
26        admissible under the rules of evidence.

 

 

HB5496 Enrolled- 90 -LRB102 25260 LNS 34533 b

1        Any party receiving a notice under this paragraph (A)
2    may apply to the arbitrator or panel of arbitrators, as
3    the case may be, for the issuance of a subpoena directed to
4    the author or maker or custodian of the document that is
5    the subject of the notice, requiring the person subpoenaed
6    to produce copies of any additional documents as may be
7    related to the subject matter of the document that is the
8    subject of the notice. Any such subpoena shall be issued
9    in substantially similar form and served by notice as
10    provided by Illinois Supreme Court Rule 204(a)(4). Any
11    such subpoena shall be returnable not less than 5 days
12    before the arbitration hearing.
13        (B) Notwithstanding the provisions of Supreme Court
14    Rule 213(g), a party who proposes to use a written opinion
15    of an expert or opinion witness or the testimony of an
16    expert or opinion witness at the hearing may do so
17    provided a written notice of that intention is given to
18    every other party not less than 60 days prior to the date
19    of hearing, accompanied by a statement containing the
20    identity of the witness, his or her qualifications, the
21    subject matter, the basis of the witness's conclusions,
22    and his or her opinion.
23        (C) Any other party may subpoena the author or maker
24    of a document admissible under this subsection, at that
25    party's expense, and examine the author or maker as if
26    under cross-examination. The provisions of Section 2-1101

 

 

HB5496 Enrolled- 91 -LRB102 25260 LNS 34533 b

1    of the Code of Civil Procedure shall be applicable to
2    arbitration hearings, and it shall be the duty of a party
3    requesting the subpoena to modify the form to show that
4    the appearance is set before an arbitration panel and to
5    give the time and place set for the hearing.
6        (D) The provisions of Section 2-1102 of the Code of
7    Civil Procedure shall be applicable to arbitration
8    hearings under this subsection.
9    (3) For the purpose of the coverage, the term "uninsured
10motor vehicle" includes, subject to the terms and conditions
11of the coverage, a motor vehicle where on, before, or after the
12accident date of the crash the liability insurer thereof is
13unable to make payment with respect to the legal liability of
14its insured within the limits specified in the policy because
15of the entry by a court of competent jurisdiction of an order
16of rehabilitation or liquidation by reason of insolvency on or
17after the accident date of the crash. An insurer's extension
18of coverage, as provided in this subsection, shall be
19applicable to all crashes accidents occurring after July 1,
201967 during a policy period in which its insured's uninsured
21motor vehicle coverage is in effect. Nothing in this Section
22may be construed to prevent any insurer from extending
23coverage under terms and conditions more favorable to its
24insureds than is required by this Section.
25    (4) In the event of payment to any person under the
26coverage required by this Section and subject to the terms and

 

 

HB5496 Enrolled- 92 -LRB102 25260 LNS 34533 b

1conditions of the coverage, the insurer making the payment
2shall, to the extent thereof, be entitled to the proceeds of
3any settlement or judgment resulting from the exercise of any
4rights of recovery of the person against any person or
5organization legally responsible for the property damage,
6bodily injury or death for which the payment is made,
7including the proceeds recoverable from the assets of the
8insolvent insurer. With respect to payments made by reason of
9the coverage described in subsection (3), the insurer making
10such payment shall not be entitled to any right of recovery
11against the tortfeasor in excess of the proceeds recovered
12from the assets of the insolvent insurer of the tortfeasor.
13    (5) This amendatory Act of 1967 (Laws of Illinois 1967,
14page 875) shall not be construed to terminate or reduce any
15insurance coverage or any right of any party under this Code in
16effect before July 1, 1967. Public Act 86-1155 shall not be
17construed to terminate or reduce any insurance coverage or any
18right of any party under this Code in effect before its
19effective date.
20    (6) Failure of the motorist from whom the claimant is
21legally entitled to recover damages to file the appropriate
22forms with the Safety Responsibility Section of the Department
23of Transportation within 120 days of the accident date of the
24crash shall create a rebuttable presumption that the motorist
25was uninsured at the time of the injurious occurrence.
26    (7) An insurance carrier may upon good cause require the

 

 

HB5496 Enrolled- 93 -LRB102 25260 LNS 34533 b

1insured to commence a legal action against the owner or
2operator of an uninsured motor vehicle before good faith
3negotiation with the carrier. If the action is commenced at
4the request of the insurance carrier, the carrier shall pay to
5the insured, before the action is commenced, all court costs,
6jury fees and sheriff's fees arising from the action.
7    The changes made by Public Act 90-451 apply to all
8policies of insurance amended, delivered, issued, or renewed
9on and after January 1, 1998 (the effective date of Public Act
1090-451).
11    (8) The changes made by Public Act 98-927 apply to all
12policies of insurance amended, delivered, issued, or renewed
13on and after January 1, 2015 (the effective date of Public Act
1498-927).
15(Source: P.A. 98-242, eff. 1-1-14; 98-927, eff. 1-1-15;
1699-642, eff. 7-28-16.)
 
17    (215 ILCS 5/143a-2)  (from Ch. 73, par. 755a-2)
18    Sec. 143a-2. (1) Additional uninsured motor vehicle
19coverage. No policy insuring against loss resulting from
20liability imposed by law for bodily injury or death suffered
21by any person arising out of the ownership, maintenance or use
22of a motor vehicle shall be renewed or delivered or issued for
23delivery in this State with respect to any motor vehicle
24designed for use on public highways and required to be
25registered in this State unless uninsured motorist coverage as

 

 

HB5496 Enrolled- 94 -LRB102 25260 LNS 34533 b

1required in Section 143a of this Code is included in an amount
2equal to the insured's bodily injury liability limits unless
3specifically rejected by the insured as provided in paragraph
4(2) of this Section. Each insurance company providing the
5coverage must provide applicants with a brief description of
6the coverage and advise them of their right to reject the
7coverage in excess of the limits set forth in Section 7-203 of
8the Illinois Vehicle Code. The provisions of this amendatory
9Act of 1990 apply to policies of insurance applied for after
10June 30, 1991.
11    (2) Right of rejection of additional uninsured motorist
12coverage. Any named insured or applicant may reject additional
13uninsured motorist coverage in excess of the limits set forth
14in Section 7-203 of the Illinois Vehicle Code by making a
15written request for limits of uninsured motorist coverage
16which are less than bodily injury liability limits or a
17written rejection of limits in excess of those required by
18law. This election or rejection shall be binding on all
19persons insured under the policy. In those cases where the
20insured has elected to purchase limits of uninsured motorist
21coverage which are less than bodily injury liability limits or
22to reject limits in excess of those required by law, the
23insurer need not provide in any renewal, reinstatement,
24reissuance, substitute, amended, replacement or supplementary
25policy, coverage in excess of that elected by the insured in
26connection with a policy previously issued to such insured by

 

 

HB5496 Enrolled- 95 -LRB102 25260 LNS 34533 b

1the same insurer unless the insured subsequently makes a
2written request for such coverage.
3    (3) The original document indicating the applicant's
4selection of uninsured motorist coverage limits shall
5constitute sufficient evidence of the applicant's selection of
6uninsured motorist coverage limits. For purposes of this
7Section any reproduction of the document by means of
8photograph, photostat, microfiche, computerized optical
9imaging process, or other similar process or means of
10reproduction shall be deemed the equivalent of the original
11document.
12    (4) For the purpose of this Code the term "underinsured
13motor vehicle" means a motor vehicle whose ownership,
14maintenance or use has resulted in bodily injury or death of
15the insured, as defined in the policy, and for which the sum of
16the limits of liability under all bodily injury liability
17insurance policies or under bonds or other security required
18to be maintained under Illinois law applicable to the driver
19or to the person or organization legally responsible for such
20vehicle and applicable to the vehicle, is less than the limits
21for underinsured coverage provided the insured as defined in
22the policy at the time of the crash accident. The limits of
23liability for an insurer providing underinsured motorist
24coverage shall be the limits of such coverage, less those
25amounts actually recovered under the applicable bodily injury
26insurance policies, bonds or other security maintained on the

 

 

HB5496 Enrolled- 96 -LRB102 25260 LNS 34533 b

1underinsured motor vehicle.
2     On or after July 1, 1983, no policy insuring against loss
3resulting from liability imposed by law for bodily injury or
4death suffered by any person arising out of the ownership,
5maintenance or use of a motor vehicle shall be renewed or
6delivered or issued for delivery in this State with respect to
7any motor vehicle designed for use on public highways and
8required to be registered in this State unless underinsured
9motorist coverage is included in such policy in an amount
10equal to the total amount of uninsured motorist coverage
11provided in that policy where such uninsured motorist coverage
12exceeds the limits set forth in Section 7-203 of the Illinois
13Vehicle Code.
14    The changes made to this subsection (4) by this amendatory
15Act of the 93rd General Assembly apply to policies issued or
16renewed on or after December 1, 2004.
17    (5) Scope. Nothing herein shall prohibit an insurer from
18setting forth policy terms and conditions which provide that
19if the insured has coverage available under this Section under
20more than one policy or provision of coverage, any recovery or
21benefits may be equal to, but may not exceed, the higher of the
22applicable limits of the respective coverage, and the limits
23of liability under this Section shall not be increased because
24of multiple motor vehicles covered under the same policy of
25insurance. Insurers providing liability coverage on an excess
26or umbrella basis are neither required to provide, nor are

 

 

HB5496 Enrolled- 97 -LRB102 25260 LNS 34533 b

1they prohibited from offering or making available coverages
2conforming to this Section on a supplemental basis.
3Notwithstanding the provisions of this Section, an insurer
4shall not be prohibited from solely providing a combination of
5uninsured and underinsured motorist coverages where the limits
6of liability under each coverage is in the same amount.
7    (6) Subrogation against underinsured motorists. No insurer
8shall exercise any right of subrogation under a policy
9providing additional uninsured motorist coverage against an
10underinsured motorist where the insurer has been provided with
11written notice in advance of a settlement between its insured
12and the underinsured motorist and the insurer fails to advance
13a payment to the insured, in an amount equal to the tentative
14settlement, within 30 days following receipt of such notice.
15    (7) A policy which provides underinsured motor vehicle
16coverage may include a clause which denies payment until the
17limits of liability or portion thereof under all bodily injury
18liability insurance policies applicable to the underinsured
19motor vehicle and its operators have been partially or fully
20exhausted by payment of judgment or settlement. A judgment or
21settlement of the bodily injury claim in an amount less than
22the limits of liability of the bodily injury coverages
23applicable to the claim shall not preclude the claimant from
24making an underinsured motorist claim against the underinsured
25motorist coverage. Any such provision in a policy of insurance
26shall be inapplicable if the insured, or the legal

 

 

HB5496 Enrolled- 98 -LRB102 25260 LNS 34533 b

1representative of the insured, and the insurer providing
2underinsured motor vehicle coverage agree that the insured has
3suffered bodily injury or death as the result of the negligent
4operation, maintenance, or use of an underinsured motor
5vehicle and, without arbitration, agree also on the amount of
6damages that the insured is legally entitled to collect. The
7maximum amount payable pursuant to such an underinsured motor
8vehicle insurance settlement agreement shall not exceed the
9amount by which the limits of the underinsured motorist
10coverage exceed the limits of the bodily injury liability
11insurance of the owner or operator of the underinsured motor
12vehicle. Any such agreement shall be final as to the amount due
13and shall be binding upon both the insured and the
14underinsured motorist insurer regardless of the amount of any
15judgment, or any settlement reached between any insured and
16the person or persons responsible for the crash accident. No
17such settlement agreement shall be concluded unless: (i) the
18insured has complied with all other applicable policy terms
19and conditions; and (ii) before the conclusion of the
20settlement agreement, the insured has filed suit against the
21underinsured motor vehicle owner or operator and has not
22abandoned the suit, or settled the suit without preserving the
23rights of the insurer providing underinsured motor vehicle
24coverage in the manner described in paragraph (6) of this
25Section.
26(Source: P.A. 93-762, eff. 7-16-04.)
 

 

 

HB5496 Enrolled- 99 -LRB102 25260 LNS 34533 b

1    Section 60. The Child Care Act of 1969 is amended by
2changing Section 5.1 as follows:
 
3    (225 ILCS 10/5.1)  (from Ch. 23, par. 2215.1)
4    Sec. 5.1. (a) The Department shall ensure that no day care
5center, group home or child care institution as defined in
6this Act shall on a regular basis transport a child or children
7with any motor vehicle unless such vehicle is operated by a
8person who complies with the following requirements:
9        1. is 21 years of age or older;
10        2. currently holds a valid driver's license, which has
11    not been revoked or suspended for one or more traffic
12    violations during the 3 years immediately prior to the
13    date of application;
14        3. demonstrates physical fitness to operate vehicles
15    by submitting the results of a medical examination
16    conducted by a licensed physician;
17        4. has not been convicted of more than 2 offenses
18    against traffic regulations governing the movement of
19    vehicles within a twelve month period;
20        5. has not been convicted of reckless driving or
21    driving under the influence or manslaughter or reckless
22    homicide resulting from the operation of a motor vehicle
23    within the past 3 years;
24        6. has signed and submitted a written statement

 

 

HB5496 Enrolled- 100 -LRB102 25260 LNS 34533 b

1    certifying that he has not, through the unlawful operation
2    of a motor vehicle, caused a crash an accident which
3    resulted in the death of any person within the 5 years
4    immediately prior to the date of application.
5    However, such day care centers, group homes and child care
6institutions may provide for transportation of a child or
7children for special outings, functions or purposes that are
8not scheduled on a regular basis without verification that
9drivers for such purposes meet the requirements of this
10Section.
11    (a-5) As a means of ensuring compliance with the
12requirements set forth in subsection (a), the Department shall
13implement appropriate measures to verify that every individual
14who is employed at a group home or child care institution meets
15those requirements.
16    For every individual employed at a group home or child
17care institution who regularly transports children in the
18course of performing his or her duties, the Department must
19make the verification every 2 years. Upon the Department's
20request, the Secretary of State shall provide the Department
21with the information necessary to enable the Department to
22make the verifications required under subsection (a).
23    In the case of an individual employed at a group home or
24child care institution who becomes subject to subsection (a)
25for the first time after the effective date of this amendatory
26Act of the 94th General Assembly, the Department must make

 

 

HB5496 Enrolled- 101 -LRB102 25260 LNS 34533 b

1that verification with the Secretary of State before the
2individual operates a motor vehicle to transport a child or
3children under the circumstances described in subsection (a).
4    In the case of an individual employed at a group home or
5child care institution who is subject to subsection (a) on the
6effective date of this amendatory Act of the 94th General
7Assembly, the Department must make that verification with the
8Secretary of State within 30 days after that effective date.
9    If the Department discovers that an individual fails to
10meet the requirements set forth in subsection (a), the
11Department shall promptly notify the appropriate group home or
12child care institution.
13    (b) Any individual who holds a valid Illinois school bus
14driver permit issued by the Secretary of State pursuant to The
15Illinois Vehicle Code, and who is currently employed by a
16school district or parochial school, or by a contractor with a
17school district or parochial school, to drive a school bus
18transporting children to and from school, shall be deemed in
19compliance with the requirements of subsection (a).
20    (c) The Department may, pursuant to Section 8 of this Act,
21revoke the license of any day care center, group home or child
22care institution that fails to meet the requirements of this
23Section.
24    (d) A group home or child care institution that fails to
25meet the requirements of this Section is guilty of a petty
26offense and is subject to a fine of not more than $1,000. Each

 

 

HB5496 Enrolled- 102 -LRB102 25260 LNS 34533 b

1day that a group home or child care institution fails to meet
2the requirements of this Section is a separate offense.
3(Source: P.A. 94-943, eff. 1-1-07.)
 
4    Section 65. The Liquor Control Act of 1934 is amended by
5changing Section 6-29.1 as follows:
 
6    (235 ILCS 5/6-29.1)
7    Sec. 6-29.1. Direct shipments of alcoholic liquor.
8    (a) The General Assembly makes the following findings:
9        (1) The General Assembly of Illinois, having reviewed
10    this Act in light of the United States Supreme Court's
11    2005 decision in Granholm v. Heald, has determined to
12    conform that law to the constitutional principles
13    enunciated by the Court in a manner that best preserves
14    the temperance, revenue, and orderly distribution values
15    of this Act.
16        (2) Minimizing automobile crashes accidents and
17    fatalities, domestic violence, health problems, loss of
18    productivity, unemployment, and other social problems
19    associated with dependency and improvident use of
20    alcoholic beverages remains the policy of Illinois.
21        (3) To the maximum extent constitutionally feasible,
22    Illinois desires to collect sufficient revenue from excise
23    and use taxes on alcoholic beverages for the purpose of
24    responding to such social problems.

 

 

HB5496 Enrolled- 103 -LRB102 25260 LNS 34533 b

1        (4) Combined with family education and individual
2    discipline, retail validation of age, and assessment of
3    the capacity of the consumer remains the best pre-sale
4    social protection against the problems associated with the
5    abuse of alcoholic liquor.
6        (5) Therefore, the paramount purpose of this
7    amendatory Act is to continue to carefully limit direct
8    shipment sales of wine produced by makers of wine and to
9    continue to prohibit such direct shipment sales for
10    spirits and beer.
11    For these reasons, the Commission shall establish a system
12to notify the out-of-state trade of this prohibition and to
13detect violations. The Commission shall request the Attorney
14General to extradite any offender.
15    (b) Pursuant to the Twenty-First Amendment of the United
16States Constitution allowing states to regulate the
17distribution and sale of alcoholic liquor and pursuant to the
18federal Webb-Kenyon Act declaring that alcoholic liquor
19shipped in interstate commerce must comply with state laws,
20the General Assembly hereby finds and declares that selling
21alcoholic liquor from a point outside this State through
22various direct marketing means, such as catalogs, newspapers,
23mailers, and the Internet, directly to residents of this State
24poses a serious threat to the State's efforts to prevent
25youths from accessing alcoholic liquor; to State revenue
26collections; and to the economy of this State.

 

 

HB5496 Enrolled- 104 -LRB102 25260 LNS 34533 b

1    Any person manufacturing, distributing, or selling
2alcoholic liquor who knowingly ships or transports or causes
3the shipping or transportation of any alcoholic liquor from a
4point outside this State to a person in this State who does not
5hold a manufacturer's, distributor's, importing distributor's,
6or non-resident dealer's license issued by the Liquor Control
7Commission, other than a shipment of sacramental wine to a
8bona fide religious organization, a shipment authorized by
9Section 6-29, subparagraph (17) of Section 3-12, or any other
10shipment authorized by this Act, is in violation of this Act.
11    The Commission, upon determining, after investigation,
12that a person has violated this Section, shall give notice to
13the person by certified mail to cease and desist all shipments
14of alcoholic liquor into this State and to withdraw from this
15State within 5 working days after receipt of the notice all
16shipments of alcoholic liquor then in transit. A person who
17violates the cease and desist notice is subject to the
18applicable penalties in subsection (a) of Section 10-1 of this
19Act.
20(Source: P.A. 99-904, eff. 1-1-17.)
 
21    Section 70. The Suicide Prevention, Education, and
22Treatment Act is amended by changing Section 5 as follows:
 
23    (410 ILCS 53/5)
24    Sec. 5. Legislative findings. The General Assembly makes

 

 

HB5496 Enrolled- 105 -LRB102 25260 LNS 34533 b

1the following findings:
2        (1) 1,474 Illinoisans lost their lives to suicide in
3    2017. During 2016, suicide was the eleventh leading cause
4    of death in Illinois, causing more deaths than homicide,
5    motor vehicle crashes accidents, accidental falls, and
6    numerous prevalent diseases, including liver disease,
7    hypertension, influenza/pneumonia, Parkinson's disease,
8    and HIV. Suicide was the third leading cause of death of
9    ages 15 to 34 and the fourth leading cause of death of ages
10    35 to 54. Those living outside of urban areas are
11    particularly at risk for suicide, with a rate that is 50%
12    higher than those living in urban areas.
13        (2) For every person who dies by suicide, more than 30
14    others attempt suicide.
15        (3) Each suicide attempt and death impacts countless
16    other individuals. Family members, friends, co-workers,
17    and others in the community all suffer the long-lasting
18    consequences of suicidal behaviors.
19        (4) Suicide attempts and deaths by suicide have an
20    economic impact on Illinois. The National Center for
21    Injury Prevention and Control estimates that in 2010 each
22    suicide death in Illinois resulted in $1,181,549 in
23    medical costs and work loss costs. It also estimated that
24    each hospitalization for self-harm resulted in $31,019 in
25    medical costs and work loss costs and each emergency room
26    visit for self-harm resulted in $4,546 in medical costs

 

 

HB5496 Enrolled- 106 -LRB102 25260 LNS 34533 b

1    and work loss costs.
2        (5) In 2004, the Illinois General Assembly passed the
3    Suicide Prevention, Education, and Treatment Act (Public
4    Act 93-907), which required the Illinois Department of
5    Public Health to establish the Illinois Suicide Prevention
6    Strategic Planning Committee to develop the Illinois
7    Suicide Prevention Strategic Plan. That law required the
8    use of the 2002 United States Surgeon General's National
9    Suicide Prevention Strategy as a model for the Plan.
10    Public Act 95-109 changed the name of the committee to the
11    Illinois Suicide Prevention Alliance. The Illinois Suicide
12    Prevention Strategic Plan was submitted in 2007 and
13    updated in 2018.
14        (6) In 2004, there were 1,028 suicide deaths in
15    Illinois, which the Centers for Disease Control reports
16    was an age-adjusted rate of 8.11 deaths per 100,000. The
17    Centers for Disease Control reports that the 1,474 suicide
18    deaths in 2017 result in an age-adjusted rate of 11.19
19    deaths per 100,000. Thus, since the enactment of Public
20    Act 93-907, the rate of suicides in Illinois has risen by
21    38%.
22        (7) Since the enactment of Public Act 93-907, there
23    have been numerous developments in suicide prevention,
24    including the issuance of the 2012 National Strategy for
25    Suicide Prevention by the United States Surgeon General
26    and the National Action Alliance for Suicide Prevention

 

 

HB5496 Enrolled- 107 -LRB102 25260 LNS 34533 b

1    containing new strategies and recommended activities for
2    local governmental bodies.
3        (8) Despite the obvious impact of suicide on Illinois
4    citizens, Illinois has devoted minimal resources to its
5    prevention. There is no full-time coordinator or director
6    of suicide prevention activities in the State. Moreover,
7    the Suicide Prevention Strategic Plan is still modeled on
8    the now obsolete 2002 National Suicide Prevention
9    Strategy.
10        (9) It is necessary to revise the Suicide Prevention
11    Strategic Plan to reflect the most current National
12    Suicide Prevention Strategy as well as current research
13    and experience into the prevention of suicide.
14        (10) One of the goals adopted in the 2012 National
15    Strategy for Suicide Prevention is to promote suicide
16    prevention as a core component of health care services so
17    there is an active engagement of health and social
18    services, as well as the coordination of care across
19    multiple settings, thereby ensuring continuity of care and
20    promoting patient safety.
21        (11) Integrating suicide prevention into behavioral
22    and physical health care services can save lives. National
23    data indicate that: over 30% of individuals are receiving
24    mental health care at the time of their deaths by suicide;
25    45% have seen their primary care physicians within one
26    month of their deaths; and 25% of those who die of suicide

 

 

HB5496 Enrolled- 108 -LRB102 25260 LNS 34533 b

1    visited an emergency department in the year prior to their
2    deaths.
3        (12) The Zero Suicide model is a part of the National
4    Strategy for Suicide Prevention, a priority of the
5    National Action Alliance for Suicide Prevention, and a
6    project of the Suicide Prevention Resource Center that
7    implements the goal of making suicide prevention a core
8    component of health care services.
9        (13) The Zero Suicide model is built on the
10    foundational belief and aspirational goal that suicide
11    deaths of individuals who are under the care of our health
12    care systems are preventable with the adoption of
13    comprehensive training, patient engagement, transition,
14    and quality improvement.
15        (14) Health care systems, including mental and
16    behavioral health systems and hospitals, that have
17    implemented the Zero Suicide model have noted significant
18    reductions in suicide deaths for patients within their
19    care.
20        (15) The Suicide Prevention Resource Center
21    facilitates adoption of the Zero Suicide model by
22    providing comprehensive information, resources, and tools
23    for its implementation.
24(Source: P.A. 101-331, eff. 8-9-19.)
 
25    Section 75. The Compassionate Use of Medical Cannabis

 

 

HB5496 Enrolled- 109 -LRB102 25260 LNS 34533 b

1Program Act is amended by changing Section 5 as follows:
 
2    (410 ILCS 130/5)
3    Sec. 5. Findings.
4    (a) The recorded use of cannabis as a medicine goes back
5nearly 5,000 years. Modern medical research has confirmed the
6beneficial uses of cannabis in treating or alleviating the
7pain, nausea, and other symptoms associated with a variety of
8debilitating medical conditions, including cancer, multiple
9sclerosis, and HIV/AIDS, as found by the National Academy of
10Sciences' Institute of Medicine in March 1999.
11    (b) Studies published since the 1999 Institute of Medicine
12report continue to show the therapeutic value of cannabis in
13treating a wide array of debilitating medical conditions.
14These include relief of the neuropathic pain caused by
15multiple sclerosis, HIV/AIDS, and other illnesses that often
16fail to respond to conventional treatments and relief of
17nausea, vomiting, and other side effects of drugs used to
18treat HIV/AIDS and hepatitis C, increasing the chances of
19patients continuing on life-saving treatment regimens.
20    (c) Cannabis has many currently accepted medical uses in
21the United States, having been recommended by thousands of
22licensed physicians to at least 600,000 patients in states
23with medical cannabis laws. The medical utility of cannabis is
24recognized by a wide range of medical and public health
25organizations, including the American Academy of HIV Medicine,

 

 

HB5496 Enrolled- 110 -LRB102 25260 LNS 34533 b

1the American College of Physicians, the American Nurses
2Association, the American Public Health Association, the
3Leukemia & Lymphoma Society, and many others.
4    (d) Data from the Federal Bureau of Investigation's
5Uniform Crime Reports and the Compendium of Federal Justice
6Statistics show that approximately 99 out of every 100
7cannabis arrests in the U.S. are made under state law, rather
8than under federal law. Consequently, changing State law will
9have the practical effect of protecting from arrest the vast
10majority of seriously ill patients who have a medical need to
11use cannabis.
12    (d-5) In 2014, the Task Force on Veterans' Suicide was
13created by the Illinois General Assembly to gather data on
14veterans' suicide prevention. Data from a U.S. Department of
15Veterans Affairs study indicates that 22 veterans commit
16suicide each day.
17    (d-10) According to the State of Illinois Opioid Action
18Plan released in September 2017, "The opioid epidemic is the
19most significant public health and public safety crisis facing
20Illinois". According to the Action Plan, "Fueled by the
21growing opioid epidemic, drug overdoses have now become the
22leading cause of death nationwide for people under the age of
2350. In Illinois, opioid overdoses have killed nearly 11,000
24people since 2008. Just last year, nearly 1,900 people died of
25overdoses—almost twice the number of fatal car crashes
26accidents. Beyond these deaths are thousands of emergency

 

 

HB5496 Enrolled- 111 -LRB102 25260 LNS 34533 b

1department visits, hospital stays, as well as the pain
2suffered by individuals, families, and communities".
3    According to the Action Plan, "At the current rate, the
4opioid epidemic will claim the lives of more than 2,700
5Illinoisans in 2020".
6    Further, the Action Plan states, "Physical tolerance to
7opioids can begin to develop as early as two to three days
8following the continuous use of opioids, which is a large
9factor that contributes to their addictive potential".
10    The 2017 State of Illinois Opioid Action Plan also states,
11"The increase in OUD [opioid use disorder] and opioid overdose
12deaths is largely due to the dramatic rise in the rate and
13amount of opioids prescribed for pain over the past decades".
14    Further, according to the Action Plan, "In the absence of
15alternative treatments, reducing the supply of prescription
16opioids too abruptly may drive more people to switch to using
17illicit drugs (including heroin), thus increasing the risk of
18overdose".
19    (e) Alaska, Arizona, California, Colorado, Connecticut,
20Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana,
21Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont,
22Washington, and Washington, D.C. have removed state-level
23criminal penalties from the medical use and cultivation of
24cannabis. Illinois joins in this effort for the health and
25welfare of its citizens.
26    (f) States are not required to enforce federal law or

 

 

HB5496 Enrolled- 112 -LRB102 25260 LNS 34533 b

1prosecute people for engaging in activities prohibited by
2federal law. Therefore, compliance with this Act does not put
3the State of Illinois in violation of federal law.
4    (g) State law should make a distinction between the
5medical and non-medical uses of cannabis. Hence, the purpose
6of this Act is to protect patients with debilitating medical
7conditions, as well as their physicians and providers, from
8arrest and prosecution, criminal and other penalties, and
9property forfeiture if the patients engage in the medical use
10of cannabis.
11(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
12    Section 80. The Burn Injury Reporting Act is amended by
13changing Section 5 as follows:
 
14    (425 ILCS 7/5)
15    Sec. 5. Burn injury reporting.
16    (a) Every case of a burn injury treated in a hospital as
17described in this Act may be reported to the Office of the
18State Fire Marshal. The hospital's administrator, manager,
19superintendent, or his or her designee deciding to report
20under this Act shall make an oral report of every burn injury
21in a timely manner as soon as treatment permits, except as
22provided in subsection (c) of this Section, that meets one of
23the following criteria:
24        (1) a person receives a serious second-degree burn or

 

 

HB5496 Enrolled- 113 -LRB102 25260 LNS 34533 b

1    a third degree burn, but not a radiation burn, to 10% or
2    more of the person's body as a whole;
3        (2) a person sustains a burn to the upper respiratory
4    tract or occurring laryngeal edema due to the inhalation
5    of superheated air;
6        (3) a person sustains any burn injury likely to result
7    in death; or
8        (4) a person sustains any other burn injury not
9    excluded by subsection (c).
10    (b) The oral report shall consist of notification by
11telephone to the Office of the State Fire Marshal using a
12toll-free number established by the Office of the State Fire
13Marshal for this purpose.
14    (c) A hospital's administrator, manager, superintendent,
15or his or her designee deciding to report under this Act shall
16not report any of the following burn injuries:
17        (1) a burn injury of an emergency medical responder,
18    as defined in Section 3.50 of the Emergency Medical
19    Services (EMS) Systems Act, sustained in the line of duty;
20        (2) a burn injury caused by lighting;
21        (3) a burn injury caused by a motor vehicle crash
22    accident; or
23        (4) a burn injury caused by an identifiable industrial
24    accident or work-related accident.
25(Source: P.A. 98-973, eff. 8-15-14.)
 

 

 

HB5496 Enrolled- 114 -LRB102 25260 LNS 34533 b

1    Section 85. The Illinois Public Health and Safety Animal
2Population Control Act is amended by changing Section 5 as
3follows:
 
4    (510 ILCS 92/5)
5    Sec. 5. Findings. The General Assembly finds the
6following:
7        (1) Controlling the dog and cat population would have
8    a significant benefit to the public health and safety by
9    aiding in the prevention of dog attacks, reducing the
10    number of dog and cat bite cases involving children, and
11    decreasing the number of automobile crashes accidents
12    caused by stray dogs and cats.
13        (2) Increasing the number of rabies-vaccinated, owned
14    pets in low-income areas will reduce potential threats to
15    public health and safety from rabies.
16        (3) Controlling the dog and cat population will save
17    taxpayer dollars by reducing the number of dogs and cats
18    handled by county and municipal animal control agencies.
19    Targeted low-cost spay or neuter programs for dogs and
20    cats in select Illinois counties and other states have
21    proven to save taxpayers money.
22        (4) This Act is established to provide a variety of
23    means by which population control and rabies vaccinations
24    may be financed.
25(Source: P.A. 94-639, eff. 8-22-05.)
 

 

 

HB5496 Enrolled- 115 -LRB102 25260 LNS 34533 b

1    Section 90. The Illinois Highway Code is amended by
2changing Section 1-102 as follows:
 
3    (605 ILCS 5/1-102)  (from Ch. 121, par. 1-102)
4    Sec. 1-102. It is the intent and declared policy of the
5legislature that an integrated system of highways and streets
6is essential to the general welfare and to the agricultural,
7industrial, recreational, and social development of the State.
8In view of the rapid growth of the State's economy and
9increased use of public highways, the provision of safe and
10efficient highway transportation is a matter of public
11concern. It is the declared and continuous policy of the
12legislature to provide for improvement of highways and the
13highway transportation system as well as the preservation of
14investment in highways. To that end it is intended to provide
15for integrated and systematic planning and orderly development
16in accordance with actual needs. It is further declared that
17the provision of such a system with efficient management,
18operation, and control, and the elimination of congestion,
19crash accident reduction, and safety is an urgent problem and
20proper objective of highway legislation. It is further
21declared that highway transportation system development
22requires the cooperation of State, county, township, and
23municipal highway agencies and coordination of their
24activities on a continuous and partnership basis and the

 

 

HB5496 Enrolled- 116 -LRB102 25260 LNS 34533 b

1legislature intends such cooperative relationships to
2accomplish this purpose.
3    It is also the intent and declared policy of the
4legislature that no public moneys derived from fees, excises
5or license taxes relating to registration, operation and use
6of vehicles on public highways or to fuels used for the
7propulsion of such vehicles, shall be appropriated or expended
8other than for costs of administering the laws imposing such
9fees, excises and license taxes, statutory refunds and
10adjustments allowed thereunder, highway administrative costs,
11payment of debts and liabilities incurred in construction and
12reconstruction of public highways and bridges, acquisition of
13rights-of-way for, and the cost of construction,
14reconstruction, maintenance, repair and operation of public
15highways and bridges under the direction and supervision of
16the State, political subdivision or municipality collecting
17such moneys, and the costs for patrolling and policing the
18public highways (by State, political subdivision or
19municipality collecting such money) for enforcement of traffic
20laws. The separation of grades of such highways with railroads
21and costs associated with protection of at-grade highway and
22railroad crossings shall also be permissible.
23(Source: P.A. 81-2nd S.S.-3.)
 
24    Section 95. The Toll Highway Act is amended by changing
25Section 19.1 as follows:
 

 

 

HB5496 Enrolled- 117 -LRB102 25260 LNS 34533 b

1    (605 ILCS 10/19.1)
2    Sec. 19.1. Confidentiality of personally identifiable
3information obtained through electronic toll collection
4system.
5    (a) For purposes of this Section:
6    "Electronic toll collection system" is a system where a
7transponder, camera-based vehicle identification system, or
8other electronic medium is used to deduct payment of a toll
9from a subscriber's account or to establish an obligation to
10pay a toll.
11    "Electronic toll collection system user" means any natural
12person who subscribes to an electronic toll collection system
13or any natural person who uses a tolled transportation
14facility that employs the Authority's electronic toll
15collection system.
16    "Personally identifiable information" means any
17information that identifies or describes an electronic toll
18collection system user, including but not limited to travel
19pattern data, address, telephone number, e-mail address,
20license plate number, photograph, bank account information, or
21credit card number.
22    (b) Except as otherwise provided in this Section, the
23Authority may not sell or otherwise provide to any person or
24entity personally identifiable information of any electronic
25toll collection system user that the Authority obtains through

 

 

HB5496 Enrolled- 118 -LRB102 25260 LNS 34533 b

1the operation of its electronic toll collection system.
2    (c) The Authority may, within practical business and cost
3constraints, store personally identifiable information of an
4electronic toll collection system user only if the information
5is required to perform account functions such as billing,
6account settlement, or toll violation enforcement activities.
7    (d) By no later than December 31, 2011, the Authority
8shall establish a privacy policy regarding the collection and
9use of personally identifiable information. Upon its adoption,
10the policy shall be posted on the Authority's website and a
11copy shall be included with each transponder transmitted to a
12user. The policy shall include but need not be limited to the
13following:
14        (1) A description of the types of personally
15    identifiable information collected by the Authority.
16        (2) The categories of third-party persons or entities
17    with whom the Authority may share personally identifiable
18    information and for what purposes that information is
19    shared.
20        (3) The process by which the Authority notifies
21    electronic toll collection system users of material
22    changes to its privacy policy.
23        (4) The process by which an electronic toll collection
24    system user may review and request changes to any of his or
25    her personally identifiable information.
26        (5) The effective date of the privacy policy.

 

 

HB5496 Enrolled- 119 -LRB102 25260 LNS 34533 b

1    (e) This Section does not prohibit the Authority from:
2        (1) providing aggregated traveler information derived
3    from collective data relating to a group or category of
4    electronic toll collection system users from which
5    personally identifiable information has been removed;
6        (2) sharing data with another transportation agency or
7    third-party vendor to comply with interoperability
8    specifications and standards regarding electronic toll
9    collection devices and technologies, provided that the
10    other transportation agency or third-party vendor may not
11    use personally identifiable information obtained under
12    this Section for a purpose other than described in this
13    Section;
14        (3) performing financial, legal and accounting
15    functions such as billing, account settlement, toll
16    violation enforcement, or other activities required to
17    operate and manage its toll collection system;
18        (4) communicating about products and services offered
19    by itself, a business partner, or another public agency;
20        (5) using personally identifiable information in
21    research projects, provided that appropriate
22    confidentiality restrictions are employed to protect
23    against the unauthorized release of such information;
24        (6) releasing personally identifiable information in
25    response to a warrant, subpoena or lawful order from a
26    court of competent jurisdiction;

 

 

HB5496 Enrolled- 120 -LRB102 25260 LNS 34533 b

1        (7) releasing personally identifiable information to
2    law enforcement agencies in the case of an emergency when
3    obtaining a warrant or subpoena would be impractical; and
4        (8) releasing personally identifiable information to
5    the Authority's Inspector General or, at the Inspector
6    General's direction, to law enforcement agencies under
7    paragraphs (5) and (6) of subsection (f) of Section 8.5 of
8    this Act.
9    (f) In any agreement allowing another public entity to use
10the Authority's toll collection system in a transportation
11facility, the Authority shall require the other public entity
12to comply with the requirements of this Section.
13    (g) Personally identifiable information generated through
14the Authority's toll collection process that reveals the date,
15time, location or direction of travel by an electronic toll
16collection system user shall be exempt from release under the
17Illinois Freedom of Information Act. The exemption in this
18subsection shall not apply to information that concerns (i)
19the public duties of public employees and officials; (ii)
20whether an electronic toll collection system user has paid
21tolls; (iii) whether the Authority is enforcing toll violation
22penalties against electronic toll collection users who do not
23pay tolls; (iv) crashes accidents or other incidents that
24occur on highways under the jurisdiction of the Authority; or
25(v) the obligation, receipt, and use of the funds of the
26Authority. The exemption in this subsection (g) shall not be a

 

 

HB5496 Enrolled- 121 -LRB102 25260 LNS 34533 b

1limitation or restriction on other Freedom of Information Act
2exemptions applicable to personally identifiable information
3or private information.
4(Source: P.A. 97-342, eff. 8-12-11.)
 
5    Section 100. The Roadside Memorial Act is amended by
6changing Section 23.1 as follows:
 
7    (605 ILCS 125/23.1)
8    Sec. 23.1. Fatal crash accident memorial marker program.
9    (a) The fatal crash accident memorial marker program is
10intended to raise public awareness of traffic fatalities
11caused by reckless driving or other means by emphasizing the
12dangers while affording families an opportunity to remember
13the victims of traffic crashes.
14    (b) As used in this Section, "fatal crash accident
15memorial marker" means a marker on a highway in this State
16commemorating one or more persons who died as a proximate
17result of a crash caused by a driver who committed an act of
18reckless homicide in violation of Section 9-3 or 9-3.2 of the
19Criminal Code of 1961 or the Criminal Code of 2012 or who
20otherwise caused the death of one or more persons through the
21operation of a motor vehicle.
22    (c) For purposes of the fatal crash accident memorial
23marker program in this Section, the provisions of Section 15
24of this Act applicable to DUI memorial markers shall apply the

 

 

HB5496 Enrolled- 122 -LRB102 25260 LNS 34533 b

1same to fatal crash accident memorial markers.
2    (d) A fatal crash accident memorial marker shall consist
3of a white on blue panel bearing the message "Reckless Driving
4Costs Lives" if the victim or victims died as a proximate
5result of a crash caused by a driver who committed an act of
6reckless homicide in violation of Section 9-3 or 9-3.2 of the
7Criminal Code of 1961 or the Criminal Code of 2012. Otherwise,
8a fatal crash accident memorial marker shall consist of a
9white on blue panel bearing the message "Drive With Care". At
10the request of the qualified relative, a separate panel
11bearing the words "In Memory of (victim's name)", followed by
12the date of the crash that was the proximate cause of the loss
13of the victim's life, shall be mounted below the primary
14panel.
15    (e) A fatal crash accident memorial marker may memorialize
16more than one victim who died as a result of the same crash. If
17one or more additional deaths subsequently occur in close
18proximity to an existing fatal crash accident memorial marker,
19the supporting jurisdiction may use the same marker to
20memorialize the subsequent death or deaths, by adding the
21names of the additional persons.
22    (f) A fatal crash accident memorial marker shall be
23maintained for at least 2 years from the date the last person
24was memorialized on the marker.
25    (g) The supporting jurisdiction has the right to install a
26marker at a location other than the location of the crash or to

 

 

HB5496 Enrolled- 123 -LRB102 25260 LNS 34533 b

1relocate a marker due to restricted room, property owner
2complaints, interference with essential traffic control
3devices, safety concerns, or other restrictions. In these
4cases, the sponsoring jurisdiction may select an alternate
5location.
6    (h) The Department shall secure the consent of any
7municipality before placing a fatal crash accident memorial
8marker within the corporate limits of the municipality.
9    (i) A fee in an amount to be determined by the supporting
10jurisdiction shall be charged to the qualified relative. The
11fee shall not exceed the costs associated with the
12fabrication, installation, and maintenance of the fatal crash
13accident memorial marker.
14    (j) The provisions of this Section shall apply to any
15fatal crash accident marker constructed on or after January 1,
162013.
17(Source: P.A. 102-60, eff. 7-9-21.)
 
18    Section 105. The Illinois Vehicle Code is amended by
19changing Sections 1-146.5, 1-159.2, 1-164.5, 1-187.001,
201-197.6, 2-118.1, 2-123, 4-203, 5-101, 5-101.1, 5-102,
215-102.8, 6-101, 6-106.1, 6-106.1a, 6-106.2, 6-106.3, 6-106.4,
226-107, 6-107.5, 6-108.1, 6-113, 6-117, 6-117.2, 6-201, 6-205,
236-206, 6-208.1, 6-303, 6-402, 6-420, 6-500, 6-500.2, 6-514,
246-516, 6-703, 6-1002, 6-1004, 6-1009, 7-201, 7-201.1, 7-201.2,
257-202, 7-203, 7-204, 7-208, 7-209, 7-211, 7-212, 7-214, 7-216,

 

 

HB5496 Enrolled- 124 -LRB102 25260 LNS 34533 b

17-303, 7-309, 7-310, 7-311, 7-316, 7-317, 7-328, 7-329, 7-502,
27-504, 7-604, 9-105, 10-201, 11-208.6, 11-208.9, 11-401,
311-402, 11-403, 11-404, 11-407, 11-408, 11-409, 11-411,
411-412, 11-413, 11-414, 11-415, 11-416, 11-417, 11-501,
511-501.1, 11-501.2, 11-501.4-1, 11-501.6, 11-501.7, 11-501.8,
611-506, 11-610, 11-1431, 12-215, 12-604.1, 12-610.1, 12-610.2,
712-707.01, 13-109, 13-111, 15-301, 16-108, 18a-301, 18b-105,
818b-108, 18c-6502, 18c-7402, and 20-202 and the headings of
9Article II of Chapter 7 and Article IV of Chapter 11 and by
10adding Section 20-205 as follows:
 
11    (625 ILCS 5/1-146.5)
12    Sec. 1-146.5. Motor vehicle crash accident data. Any
13information generated from a motor vehicle crash accident
14report or supplemental report, but shall not include a copy of
15the motor vehicle crash accident report or supplemental
16report, personally identifying information as defined in
17Section 1-159.2 of this Code, or any other information
18disclosure of which is prohibited by law.
19(Source: P.A. 100-96, eff. 1-1-18.)
 
20    (625 ILCS 5/1-159.2)
21    Sec. 1-159.2. Personally identifying information.
22Information that identifies an individual, including his or
23her driver's license number, name, address (but not the 5
24digit zip code), date of birth, height, weight, hair color,

 

 

HB5496 Enrolled- 125 -LRB102 25260 LNS 34533 b

1eye color, email address, and telephone number, but
2"personally identifying information" does not include
3information on vehicular crashes accidents, driving
4violations, and driver's status.
5(Source: P.A. 101-326, eff. 8-9-19.)
 
6    (625 ILCS 5/1-164.5)
7    Sec. 1-164.5. Proof of financial responsibility. Proof of
8ability to respond in damages for any liability thereafter
9incurred resulting from the ownership, maintenance, use or
10operation of a motor vehicle for bodily injury to or death of
11any person in the amount of $25,000, and subject to this limit
12for any one person injured or killed, in the amount of $50,000
13for bodily injury to or death of 2 or more persons in any one
14crash accident, and for damage to property in the amount of
15$20,000 resulting from any one crash accident. This proof in
16these amounts shall be furnished for each motor vehicle
17registered by every person required to furnish this proof. The
18changes to this Section made by this amendatory Act of the 98th
19General Assembly apply only to policies issued or renewed on
20or after January 1, 2015.
21(Source: P.A. 98-519, eff. 1-1-15.)
 
22    (625 ILCS 5/1-187.001)
23    Sec. 1-187.001. Serious traffic violation.
24    (a) A conviction when operating a motor vehicle for:

 

 

HB5496 Enrolled- 126 -LRB102 25260 LNS 34533 b

1        (1) a violation of subsection (a) of Section 11-402,
2    relating to a motor vehicle crash accident involving
3    damage to a vehicle;
4        (2) a violation of Section 11-403, relating to failure
5    to stop and exchange information after a motor vehicle
6    collision, property damage only;
7        (3) a violation of subsection (a) of Section 11-502,
8    relating to illegal transportation, possession, or
9    carrying of alcoholic liquor within the passenger area of
10    any vehicle;
11        (4) a violation of Section 6-101 relating to operating
12    a motor vehicle without a valid license or permit;
13        (5) a violation of Section 11-403, relating to failure
14    to stop and exchange information or give aid after a motor
15    vehicle collision involving personal injury or death;
16        (6) a violation relating to excessive speeding,
17    involving a single speeding charge of 26 miles per hour or
18    more above the legal speed limit;
19        (7) a violation relating to reckless driving;
20        (8) a violation of subsection (d) of Section 11-707,
21    relating to passing in a no-passing zone;
22        (9) a violation of subsection (b) of Section 11-1402,
23    relating to limitations on backing upon a controlled
24    access highway;
25        (10) a violation of subsection (b) of Section 11-707,
26    relating to driving on the left side of a roadway in a

 

 

HB5496 Enrolled- 127 -LRB102 25260 LNS 34533 b

1    no-passing zone;
2        (11) a violation of subsection (e) of Section 11-1002,
3    relating to failure to yield the right-of-way to a
4    pedestrian at an intersection;
5        (12) a violation of Section 11-1008, relating to
6    failure to yield to a pedestrian on a sidewalk; or
7        (13) a violation of Section 11-1201, relating to
8    failure to stop for an approaching railroad train or
9    railroad track equipment or signals; or
10    (b) Any other similar violation of a law or local
11ordinance of any state relating to motor vehicle traffic
12control, other than a parking violation.
13    (c) A violation of any of these defined serious traffic
14offenses shall not preclude the defendant from being eligible
15to receive an order of court supervision under Section 5-6-1
16of the Unified Code of Corrections.
17(Source: P.A. 98-511, eff. 1-1-14.)
 
18    (625 ILCS 5/1-197.6)
19    Sec. 1-197.6. Statutory summary revocation of driving
20privileges. The revocation by the Secretary of State of a
21person's license or privilege to operate a motor vehicle on
22the public highways for the period provided in Section
236-208.1. Reinstatement after the revocation period shall occur
24after the person has been approved for reinstatement through
25an administrative hearing with the Secretary of State, has

 

 

HB5496 Enrolled- 128 -LRB102 25260 LNS 34533 b

1filed proof of financial responsibility, has paid the
2reinstatement fee as provided in Section 6-118, and has
3successfully completed all necessary examinations. The basis
4for this revocation of driving privileges shall be the
5individual's refusal to submit to or failure to complete a
6chemical test or tests following an arrest for the offense of
7driving under the influence of alcohol, other drugs, or
8intoxicating compounds, or any combination thereof involving a
9motor vehicle crash accident that caused personal injury or
10death to another, as provided in Section 11-501.1 of this
11Code.
12(Source: P.A. 96-1344, eff. 7-1-11.)
 
13    (625 ILCS 5/2-118.1)  (from Ch. 95 1/2, par. 2-118.1)
14    Sec. 2-118.1. Opportunity for hearing; statutory summary
15alcohol or other drug related suspension or revocation
16pursuant to Section 11-501.1.
17    (a) A statutory summary suspension or revocation of
18driving privileges under Section 11-501.1 shall not become
19effective until the person is notified in writing of the
20impending suspension or revocation and informed that he may
21request a hearing in the circuit court of venue under
22paragraph (b) of this Section and the statutory summary
23suspension or revocation shall become effective as provided in
24Section 11-501.1.
25    (b) Within 90 days after the notice of statutory summary

 

 

HB5496 Enrolled- 129 -LRB102 25260 LNS 34533 b

1suspension or revocation served under Section 11-501.1, the
2person may make a written request for a judicial hearing in the
3circuit court of venue. The request to the circuit court shall
4state the grounds upon which the person seeks to have the
5statutory summary suspension or revocation rescinded. Within
630 days after receipt of the written request or the first
7appearance date on the Uniform Traffic Ticket issued pursuant
8to a violation of Section 11-501, or a similar provision of a
9local ordinance, the hearing shall be conducted by the circuit
10court having jurisdiction. This judicial hearing, request, or
11process shall not stay or delay the statutory summary
12suspension or revocation. The hearings shall proceed in the
13court in the same manner as in other civil proceedings.
14    The hearing may be conducted upon a review of the law
15enforcement officer's own official reports; provided however,
16that the person may subpoena the officer. Failure of the
17officer to answer the subpoena shall be considered grounds for
18a continuance if in the court's discretion the continuance is
19appropriate.
20    The scope of the hearing shall be limited to the issues of:
21        1. Whether the person was placed under arrest for an
22    offense as defined in Section 11-501, or a similar
23    provision of a local ordinance, as evidenced by the
24    issuance of a Uniform Traffic Ticket, or issued a Uniform
25    Traffic Ticket out of state as provided in subsection (a)
26    of Section 11-501.1; and

 

 

HB5496 Enrolled- 130 -LRB102 25260 LNS 34533 b

1        2. Whether the officer had reasonable grounds to
2    believe that the person was driving or in actual physical
3    control of a motor vehicle upon a highway while under the
4    influence of alcohol, other drug, or combination of both;
5    and
6        3. Whether the person, after being advised by the
7    officer that the privilege to operate a motor vehicle
8    would be suspended or revoked if the person refused to
9    submit to and complete the test or tests, did refuse to
10    submit to or complete the test or tests to determine the
11    person's blood alcohol or drug concentration; or
12        4. Whether the person, after being advised by the
13    officer that the privilege to operate a motor vehicle
14    would be suspended if the person submits to a chemical
15    test, or tests, and the test discloses an alcohol
16    concentration of 0.08 or more, a tetrahydrocannabinol
17    concentration as defined in paragraph 6 of subsection (a)
18    of Section 11-501.2 of this Code, or any amount of a drug,
19    substance, or compound in the person's blood, other bodily
20    substance, or urine resulting from the unlawful use or
21    consumption of a controlled substance listed in the
22    Illinois Controlled Substances Act, an intoxicating
23    compound as listed in the Use of Intoxicating Compounds
24    Act, or methamphetamine as listed in the Methamphetamine
25    Control and Community Protection Act, and the person did
26    submit to and complete the test or tests that determined

 

 

HB5496 Enrolled- 131 -LRB102 25260 LNS 34533 b

1    an alcohol concentration of 0.08 or more.
2        4.2. (Blank).
3        4.5. (Blank).
4        5. If the person's driving privileges were revoked,
5    whether the person was involved in a motor vehicle crash
6    accident that caused Type A injury or death to another.
7    Upon the conclusion of the judicial hearing, the circuit
8court shall sustain or rescind the statutory summary
9suspension or revocation and immediately notify the Secretary
10of State. Reports received by the Secretary of State under
11this Section shall be privileged information and for use only
12by the courts, police officers, and Secretary of State.
13(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15;
1499-697, eff. 7-29-16.)
 
15    (625 ILCS 5/2-123)  (from Ch. 95 1/2, par. 2-123)
16    Sec. 2-123. Sale and distribution of information.
17    (a) Except as otherwise provided in this Section, the
18Secretary may make the driver's license, vehicle and title
19registration lists, in part or in whole, and any statistical
20information derived from these lists available to local
21governments, elected state officials, state educational
22institutions, and all other governmental units of the State
23and Federal Government requesting them for governmental
24purposes. The Secretary shall require any such applicant for
25services to pay for the costs of furnishing such services and

 

 

HB5496 Enrolled- 132 -LRB102 25260 LNS 34533 b

1the use of the equipment involved, and in addition is
2empowered to establish prices and charges for the services so
3furnished and for the use of the electronic equipment
4utilized.
5    (b) The Secretary is further empowered to and he may, in
6his discretion, furnish to any applicant, other than listed in
7subsection (a) of this Section, vehicle or driver data on a
8computer tape, disk, other electronic format or computer
9processable medium, or printout at a fixed fee of $250 for
10orders received before October 1, 2003 and $500 for orders
11received on or after October 1, 2003, in advance, and require
12in addition a further sufficient deposit based upon the
13Secretary of State's estimate of the total cost of the
14information requested and a charge of $25 for orders received
15before October 1, 2003 and $50 for orders received on or after
16October 1, 2003, per 1,000 units or part thereof identified or
17the actual cost, whichever is greater. The Secretary is
18authorized to refund any difference between the additional
19deposit and the actual cost of the request. This service shall
20not be in lieu of an abstract of a driver's record nor of a
21title or registration search. This service may be limited to
22entities purchasing a minimum number of records as required by
23administrative rule. The information sold pursuant to this
24subsection shall be the entire vehicle or driver data list, or
25part thereof. The information sold pursuant to this subsection
26shall not contain personally identifying information unless

 

 

HB5496 Enrolled- 133 -LRB102 25260 LNS 34533 b

1the information is to be used for one of the purposes
2identified in subsection (f-5) of this Section. Commercial
3purchasers of driver and vehicle record databases shall enter
4into a written agreement with the Secretary of State that
5includes disclosure of the commercial use of the information
6to be purchased.
7    (b-1) The Secretary is further empowered to and may, in
8his or her discretion, furnish vehicle or driver data on a
9computer tape, disk, or other electronic format or computer
10processible medium, at no fee, to any State or local
11governmental agency that uses the information provided by the
12Secretary to transmit data back to the Secretary that enables
13the Secretary to maintain accurate driving records, including
14dispositions of traffic cases. This information may be
15provided without fee not more often than once every 6 months.
16    (c) Secretary of State may issue registration lists. The
17Secretary of State may compile a list of all registered
18vehicles. Each list of registered vehicles shall be arranged
19serially according to the registration numbers assigned to
20registered vehicles and may contain in addition the names and
21addresses of registered owners and a brief description of each
22vehicle including the serial or other identifying number
23thereof. Such compilation may be in such form as in the
24discretion of the Secretary of State may seem best for the
25purposes intended.
26    (d) The Secretary of State shall furnish no more than 2

 

 

HB5496 Enrolled- 134 -LRB102 25260 LNS 34533 b

1current available lists of such registrations to the sheriffs
2of all counties and to the chiefs of police of all cities and
3villages and towns of 2,000 population and over in this State
4at no cost. Additional copies may be purchased by the sheriffs
5or chiefs of police at the fee of $500 each or at the cost of
6producing the list as determined by the Secretary of State.
7Such lists are to be used for governmental purposes only.
8    (e) (Blank).
9    (e-1) (Blank).
10    (f) The Secretary of State shall make a title or
11registration search of the records of his office and a written
12report on the same for any person, upon written application of
13such person, accompanied by a fee of $5 for each registration
14or title search. The written application shall set forth the
15intended use of the requested information. No fee shall be
16charged for a title or registration search, or for the
17certification thereof requested by a government agency. The
18report of the title or registration search shall not contain
19personally identifying information unless the request for a
20search was made for one of the purposes identified in
21subsection (f-5) of this Section. The report of the title or
22registration search shall not contain highly restricted
23personal information unless specifically authorized by this
24Code.
25    The Secretary of State shall certify a title or
26registration record upon written request. The fee for

 

 

HB5496 Enrolled- 135 -LRB102 25260 LNS 34533 b

1certification shall be $5 in addition to the fee required for a
2title or registration search. Certification shall be made
3under the signature of the Secretary of State and shall be
4authenticated by Seal of the Secretary of State.
5    The Secretary of State may notify the vehicle owner or
6registrant of the request for purchase of his title or
7registration information as the Secretary deems appropriate.
8    No information shall be released to the requester until
9expiration of a 10-day period. This 10-day period shall not
10apply to requests for information made by law enforcement
11officials, government agencies, financial institutions,
12attorneys, insurers, employers, automobile associated
13businesses, persons licensed as a private detective or firms
14licensed as a private detective agency under the Private
15Detective, Private Alarm, Private Security, Fingerprint
16Vendor, and Locksmith Act of 2004, who are employed by or are
17acting on behalf of law enforcement officials, government
18agencies, financial institutions, attorneys, insurers,
19employers, automobile associated businesses, and other
20business entities for purposes consistent with the Illinois
21Vehicle Code, the vehicle owner or registrant or other
22entities as the Secretary may exempt by rule and regulation.
23    Any misrepresentation made by a requester of title or
24vehicle information shall be punishable as a petty offense,
25except in the case of persons licensed as a private detective
26or firms licensed as a private detective agency which shall be

 

 

HB5496 Enrolled- 136 -LRB102 25260 LNS 34533 b

1subject to disciplinary sanctions under Section 40-10 of the
2Private Detective, Private Alarm, Private Security,
3Fingerprint Vendor, and Locksmith Act of 2004.
4    (f-5) The Secretary of State shall not disclose or
5otherwise make available to any person or entity any
6personally identifying information obtained by the Secretary
7of State in connection with a driver's license, vehicle, or
8title registration record unless the information is disclosed
9for one of the following purposes:
10        (1) For use by any government agency, including any
11    court or law enforcement agency, in carrying out its
12    functions, or any private person or entity acting on
13    behalf of a federal, State, or local agency in carrying
14    out its functions.
15        (2) For use in connection with matters of motor
16    vehicle or driver safety and theft; motor vehicle
17    emissions; motor vehicle product alterations, recalls, or
18    advisories; performance monitoring of motor vehicles,
19    motor vehicle parts, and dealers; and removal of non-owner
20    records from the original owner records of motor vehicle
21    manufacturers.
22        (3) For use in the normal course of business by a
23    legitimate business or its agents, employees, or
24    contractors, but only:
25            (A) to verify the accuracy of personal information
26        submitted by an individual to the business or its

 

 

HB5496 Enrolled- 137 -LRB102 25260 LNS 34533 b

1        agents, employees, or contractors; and
2            (B) if such information as so submitted is not
3        correct or is no longer correct, to obtain the correct
4        information, but only for the purposes of preventing
5        fraud by, pursuing legal remedies against, or
6        recovering on a debt or security interest against, the
7        individual.
8        (4) For use in research activities and for use in
9    producing statistical reports, if the personally
10    identifying information is not published, redisclosed, or
11    used to contact individuals.
12        (5) For use in connection with any civil, criminal,
13    administrative, or arbitral proceeding in any federal,
14    State, or local court or agency or before any
15    self-regulatory body, including the service of process,
16    investigation in anticipation of litigation, and the
17    execution or enforcement of judgments and orders, or
18    pursuant to an order of a federal, State, or local court.
19        (6) For use by any insurer or insurance support
20    organization or by a self-insured entity or its agents,
21    employees, or contractors in connection with claims
22    investigation activities, antifraud activities, rating, or
23    underwriting.
24        (7) For use in providing notice to the owners of towed
25    or impounded vehicles.
26        (8) For use by any person licensed as a private

 

 

HB5496 Enrolled- 138 -LRB102 25260 LNS 34533 b

1    detective or firm licensed as a private detective agency
2    under the Private Detective, Private Alarm, Private
3    Security, Fingerprint Vendor, and Locksmith Act of 2004,
4    private investigative agency or security service licensed
5    in Illinois for any purpose permitted under this
6    subsection.
7        (9) For use by an employer or its agent or insurer to
8    obtain or verify information relating to a holder of a
9    commercial driver's license that is required under chapter
10    313 of title 49 of the United States Code.
11        (10) For use in connection with the operation of
12    private toll transportation facilities.
13        (11) For use by any requester, if the requester
14    demonstrates it has obtained the written consent of the
15    individual to whom the information pertains.
16        (12) For use by members of the news media, as defined
17    in Section 1-148.5, for the purpose of newsgathering when
18    the request relates to the operation of a motor vehicle or
19    public safety.
20        (13) For any other use specifically authorized by law,
21    if that use is related to the operation of a motor vehicle
22    or public safety.
23    (f-6) The Secretary of State shall not disclose or
24otherwise make available to any person or entity any highly
25restricted personal information obtained by the Secretary of
26State in connection with a driver's license, vehicle, or title

 

 

HB5496 Enrolled- 139 -LRB102 25260 LNS 34533 b

1registration record unless specifically authorized by this
2Code.
3    (g) 1. The Secretary of State may, upon receipt of a
4written request and a fee as set forth in Section 6-118,
5furnish to the person or agency so requesting a driver's
6record or data contained therein. Such document may include a
7record of: current driver's license issuance information,
8except that the information on judicial driving permits shall
9be available only as otherwise provided by this Code;
10convictions; orders entered revoking, suspending or cancelling
11a driver's license or privilege; and notations of crash
12accident involvement. All other information, unless otherwise
13permitted by this Code, shall remain confidential. Information
14released pursuant to a request for a driver's record shall not
15contain personally identifying information, unless the request
16for the driver's record was made for one of the purposes set
17forth in subsection (f-5) of this Section. The Secretary of
18State may, without fee, allow a parent or guardian of a person
19under the age of 18 years, who holds an instruction permit or
20graduated driver's license, to view that person's driving
21record online, through a computer connection. The parent or
22guardian's online access to the driving record will terminate
23when the instruction permit or graduated driver's license
24holder reaches the age of 18.
25    2. The Secretary of State shall not disclose or otherwise
26make available to any person or entity any highly restricted

 

 

HB5496 Enrolled- 140 -LRB102 25260 LNS 34533 b

1personal information obtained by the Secretary of State in
2connection with a driver's license, vehicle, or title
3registration record unless specifically authorized by this
4Code. The Secretary of State may certify an abstract of a
5driver's record upon written request therefor. Such
6certification shall be made under the signature of the
7Secretary of State and shall be authenticated by the Seal of
8his office.
9    3. All requests for driving record information shall be
10made in a manner prescribed by the Secretary and shall set
11forth the intended use of the requested information.
12    The Secretary of State may notify the affected driver of
13the request for purchase of his driver's record as the
14Secretary deems appropriate.
15    No information shall be released to the requester until
16expiration of a 10-day period. This 10-day period shall not
17apply to requests for information made by law enforcement
18officials, government agencies, financial institutions,
19attorneys, insurers, employers, automobile associated
20businesses, persons licensed as a private detective or firms
21licensed as a private detective agency under the Private
22Detective, Private Alarm, Private Security, Fingerprint
23Vendor, and Locksmith Act of 2004, who are employed by or are
24acting on behalf of law enforcement officials, government
25agencies, financial institutions, attorneys, insurers,
26employers, automobile associated businesses, and other

 

 

HB5496 Enrolled- 141 -LRB102 25260 LNS 34533 b

1business entities for purposes consistent with the Illinois
2Vehicle Code, the affected driver or other entities as the
3Secretary may exempt by rule and regulation.
4    Any misrepresentation made by a requester of driver
5information shall be punishable as a petty offense, except in
6the case of persons licensed as a private detective or firms
7licensed as a private detective agency which shall be subject
8to disciplinary sanctions under Section 40-10 of the Private
9Detective, Private Alarm, Private Security, Fingerprint
10Vendor, and Locksmith Act of 2004.
11    4. The Secretary of State may furnish without fee, upon
12the written request of a law enforcement agency, any
13information from a driver's record on file with the Secretary
14of State when such information is required in the enforcement
15of this Code or any other law relating to the operation of
16motor vehicles, including records of dispositions; documented
17information involving the use of a motor vehicle; whether such
18individual has, or previously had, a driver's license; and the
19address and personal description as reflected on said driver's
20record.
21    5. Except as otherwise provided in this Section, the
22Secretary of State may furnish, without fee, information from
23an individual driver's record on file, if a written request
24therefor is submitted by any public transit system or
25authority, public defender, law enforcement agency, a state or
26federal agency, or an Illinois local intergovernmental

 

 

HB5496 Enrolled- 142 -LRB102 25260 LNS 34533 b

1association, if the request is for the purpose of a background
2check of applicants for employment with the requesting agency,
3or for the purpose of an official investigation conducted by
4the agency, or to determine a current address for the driver so
5public funds can be recovered or paid to the driver, or for any
6other purpose set forth in subsection (f-5) of this Section.
7    The Secretary may also furnish the courts a copy of an
8abstract of a driver's record, without fee, subsequent to an
9arrest for a violation of Section 11-501 or a similar
10provision of a local ordinance. Such abstract may include
11records of dispositions; documented information involving the
12use of a motor vehicle as contained in the current file;
13whether such individual has, or previously had, a driver's
14license; and the address and personal description as reflected
15on said driver's record.
16    6. Any certified abstract issued by the Secretary of State
17or transmitted electronically by the Secretary of State
18pursuant to this Section, to a court or on request of a law
19enforcement agency, for the record of a named person as to the
20status of the person's driver's license shall be prima facie
21evidence of the facts therein stated and if the name appearing
22in such abstract is the same as that of a person named in an
23information or warrant, such abstract shall be prima facie
24evidence that the person named in such information or warrant
25is the same person as the person named in such abstract and
26shall be admissible for any prosecution under this Code and be

 

 

HB5496 Enrolled- 143 -LRB102 25260 LNS 34533 b

1admitted as proof of any prior conviction or proof of records,
2notices, or orders recorded on individual driving records
3maintained by the Secretary of State.
4    7. Subject to any restrictions contained in the Juvenile
5Court Act of 1987, and upon receipt of a proper request and a
6fee as set forth in Section 6-118, the Secretary of State shall
7provide a driver's record or data contained therein to the
8affected driver, or the affected driver's attorney, upon
9verification. Such record shall contain all the information
10referred to in paragraph 1 of this subsection (g) plus: any
11recorded crash accident involvement as a driver; information
12recorded pursuant to subsection (e) of Section 6-117 and
13paragraph (4) of subsection (a) of Section 6-204 of this Code.
14All other information, unless otherwise permitted by this
15Code, shall remain confidential.
16    (h) The Secretary shall not disclose social security
17numbers or any associated information obtained from the Social
18Security Administration except pursuant to a written request
19by, or with the prior written consent of, the individual
20except: (1) to officers and employees of the Secretary who
21have a need to know the social security numbers in performance
22of their official duties, (2) to law enforcement officials for
23a civil or criminal law enforcement investigation, and if an
24officer of the law enforcement agency has made a written
25request to the Secretary specifying the law enforcement
26investigation for which the social security numbers are being

 

 

HB5496 Enrolled- 144 -LRB102 25260 LNS 34533 b

1sought, though the Secretary retains the right to require
2additional verification regarding the validity of the request,
3(3) to the United States Department of Transportation, or any
4other State, pursuant to the administration and enforcement of
5the Commercial Motor Vehicle Safety Act of 1986 or
6participation in State-to-State verification service, (4)
7pursuant to the order of a court of competent jurisdiction,
8(5) to the Department of Healthcare and Family Services
9(formerly Department of Public Aid) for utilization in the
10child support enforcement duties assigned to that Department
11under provisions of the Illinois Public Aid Code after the
12individual has received advanced meaningful notification of
13what redisclosure is sought by the Secretary in accordance
14with the federal Privacy Act, (5.5) to the Department of
15Healthcare and Family Services and the Department of Human
16Services solely for the purpose of verifying Illinois
17residency where such residency is an eligibility requirement
18for benefits under the Illinois Public Aid Code or any other
19health benefit program administered by the Department of
20Healthcare and Family Services or the Department of Human
21Services, (6) to the Illinois Department of Revenue solely for
22use by the Department in the collection of any tax or debt that
23the Department of Revenue is authorized or required by law to
24collect, provided that the Department shall not disclose the
25social security number to any person or entity outside of the
26Department, (7) to the Illinois Department of Veterans'

 

 

HB5496 Enrolled- 145 -LRB102 25260 LNS 34533 b

1Affairs for the purpose of confirming veteran status, or (8)
2the last 4 digits to the Illinois State Board of Elections for
3purposes of voter registration and as may be required pursuant
4to an agreement for a multi-state voter registration list
5maintenance system. If social security information is
6disclosed by the Secretary in accordance with this Section, no
7liability shall rest with the Office of the Secretary of State
8or any of its officers or employees, as the information is
9released for official purposes only.
10    (i) (Blank).
11    (j) Medical statements or medical reports received in the
12Secretary of State's Office shall be confidential. Except as
13provided in this Section, no confidential information may be
14open to public inspection or the contents disclosed to anyone,
15except officers and employees of the Secretary who have a need
16to know the information contained in the medical reports and
17the Driver License Medical Advisory Board, unless so directed
18by an order of a court of competent jurisdiction. If the
19Secretary receives a medical report regarding a driver that
20does not address a medical condition contained in a previous
21medical report, the Secretary may disclose the unaddressed
22medical condition to the driver or his or her physician, or
23both, solely for the purpose of submission of a medical report
24that addresses the condition.
25    (k) Disbursement of fees collected under this Section
26shall be as follows: (1) of the $12 fee for a driver's record,

 

 

HB5496 Enrolled- 146 -LRB102 25260 LNS 34533 b

1$3 shall be paid into the Secretary of State Special Services
2Fund, and $6 shall be paid into the General Revenue Fund; (2)
350% of the amounts collected under subsection (b) shall be
4paid into the General Revenue Fund; and (3) all remaining fees
5shall be disbursed under subsection (g) of Section 2-119 of
6this Code.
7    (l) (Blank).
8    (m) Notations of crash accident involvement that may be
9disclosed under this Section shall not include notations
10relating to damage to a vehicle or other property being
11transported by a tow truck. This information shall remain
12confidential, provided that nothing in this subsection (m)
13shall limit disclosure of any notification of crash accident
14involvement to any law enforcement agency or official.
15    (n) Requests made by the news media for driver's license,
16vehicle, or title registration information may be furnished
17without charge or at a reduced charge, as determined by the
18Secretary, when the specific purpose for requesting the
19documents is deemed to be in the public interest. Waiver or
20reduction of the fee is in the public interest if the principal
21purpose of the request is to access and disseminate
22information regarding the health, safety, and welfare or the
23legal rights of the general public and is not for the principal
24purpose of gaining a personal or commercial benefit. The
25information provided pursuant to this subsection shall not
26contain personally identifying information unless the

 

 

HB5496 Enrolled- 147 -LRB102 25260 LNS 34533 b

1information is to be used for one of the purposes identified in
2subsection (f-5) of this Section.
3    (o) The redisclosure of personally identifying information
4obtained pursuant to this Section is prohibited, except to the
5extent necessary to effectuate the purpose for which the
6original disclosure of the information was permitted.
7    (p) The Secretary of State is empowered to adopt rules to
8effectuate this Section.
9(Source: P.A. 100-590, eff. 6-8-18; 101-81, eff. 7-12-19;
10101-326, eff. 8-9-19.)
 
11    (625 ILCS 5/4-203)  (from Ch. 95 1/2, par. 4-203)
12    Sec. 4-203. Removal of motor vehicles or other vehicles;
13towing or hauling away.
14    (a) When a vehicle is abandoned, or left unattended, on a
15toll highway, interstate highway, or expressway for 2 hours or
16more, its removal by a towing service may be authorized by a
17law enforcement agency having jurisdiction.
18    (b) When a vehicle is abandoned on a highway in an urban
19district 10 hours or more, its removal by a towing service may
20be authorized by a law enforcement agency having jurisdiction.
21    (c) When a vehicle is abandoned or left unattended on a
22highway other than a toll highway, interstate highway, or
23expressway, outside of an urban district for 24 hours or more,
24its removal by a towing service may be authorized by a law
25enforcement agency having jurisdiction.

 

 

HB5496 Enrolled- 148 -LRB102 25260 LNS 34533 b

1    (d) When an abandoned, unattended, wrecked, burned or
2partially dismantled vehicle is creating a traffic hazard
3because of its position in relation to the highway or its
4physical appearance is causing the impeding of traffic, its
5immediate removal from the highway or private property
6adjacent to the highway by a towing service may be authorized
7by a law enforcement agency having jurisdiction.
8    (e) Whenever a peace officer reasonably believes that a
9person under arrest for a violation of Section 11-501 of this
10Code or a similar provision of a local ordinance is likely,
11upon release, to commit a subsequent violation of Section
1211-501, or a similar provision of a local ordinance, the
13arresting officer shall have the vehicle which the person was
14operating at the time of the arrest impounded for a period of
1512 hours after the time of arrest. However, such vehicle may be
16released by the arresting law enforcement agency prior to the
17end of the impoundment period if:
18        (1) the vehicle was not owned by the person under
19    arrest, and the lawful owner requesting such release
20    possesses a valid operator's license, proof of ownership,
21    and would not, as determined by the arresting law
22    enforcement agency, indicate a lack of ability to operate
23    a motor vehicle in a safe manner, or who would otherwise,
24    by operating such motor vehicle, be in violation of this
25    Code; or
26        (2) the vehicle is owned by the person under arrest,

 

 

HB5496 Enrolled- 149 -LRB102 25260 LNS 34533 b

1    and the person under arrest gives permission to another
2    person to operate such vehicle, provided however, that the
3    other person possesses a valid operator's license and
4    would not, as determined by the arresting law enforcement
5    agency, indicate a lack of ability to operate a motor
6    vehicle in a safe manner or who would otherwise, by
7    operating such motor vehicle, be in violation of this
8    Code.
9    (e-5) Whenever a registered owner of a vehicle is taken
10into custody for operating the vehicle in violation of Section
1111-501 of this Code or a similar provision of a local ordinance
12or Section 6-303 of this Code, a law enforcement officer may
13have the vehicle immediately impounded for a period not less
14than:
15        (1) 24 hours for a second violation of Section 11-501
16    of this Code or a similar provision of a local ordinance or
17    Section 6-303 of this Code or a combination of these
18    offenses; or
19        (2) 48 hours for a third violation of Section 11-501
20    of this Code or a similar provision of a local ordinance or
21    Section 6-303 of this Code or a combination of these
22    offenses.
23    The vehicle may be released sooner if the vehicle is owned
24by the person under arrest and the person under arrest gives
25permission to another person to operate the vehicle and that
26other person possesses a valid operator's license and would

 

 

HB5496 Enrolled- 150 -LRB102 25260 LNS 34533 b

1not, as determined by the arresting law enforcement agency,
2indicate a lack of ability to operate a motor vehicle in a safe
3manner or would otherwise, by operating the motor vehicle, be
4in violation of this Code.
5    (f) Except as provided in Chapter 18a of this Code, the
6owner or lessor of privately owned real property within this
7State, or any person authorized by such owner or lessor, or any
8law enforcement agency in the case of publicly owned real
9property may cause any motor vehicle abandoned or left
10unattended upon such property without permission to be removed
11by a towing service without liability for the costs of
12removal, transportation or storage or damage caused by such
13removal, transportation or storage. The towing or removal of
14any vehicle from private property without the consent of the
15registered owner or other legally authorized person in control
16of the vehicle is subject to compliance with the following
17conditions and restrictions:
18        1. Any towed or removed vehicle must be stored at the
19    site of the towing service's place of business. The site
20    must be open during business hours, and for the purpose of
21    redemption of vehicles, during the time that the person or
22    firm towing such vehicle is open for towing purposes.
23        2. The towing service shall within 30 minutes of
24    completion of such towing or removal, notify the law
25    enforcement agency having jurisdiction of such towing or
26    removal, and the make, model, color and license plate

 

 

HB5496 Enrolled- 151 -LRB102 25260 LNS 34533 b

1    number of the vehicle, and shall obtain and record the
2    name of the person at the law enforcement agency to whom
3    such information was reported.
4        3. If the registered owner or legally authorized
5    person entitled to possession of the vehicle shall arrive
6    at the scene prior to actual removal or towing of the
7    vehicle, the vehicle shall be disconnected from the tow
8    truck and that person shall be allowed to remove the
9    vehicle without interference, upon the payment of a
10    reasonable service fee of not more than one half the
11    posted rate of the towing service as provided in paragraph
12    6 of this subsection, for which a receipt shall be given.
13        4. The rebate or payment of money or any other
14    valuable consideration from the towing service or its
15    owners, managers or employees to the owners or operators
16    of the premises from which the vehicles are towed or
17    removed, for the privilege of removing or towing those
18    vehicles, is prohibited. Any individual who violates this
19    paragraph shall be guilty of a Class A misdemeanor.
20        5. Except for property appurtenant to and obviously a
21    part of a single family residence, and except for
22    instances where notice is personally given to the owner or
23    other legally authorized person in control of the vehicle
24    that the area in which that vehicle is parked is reserved
25    or otherwise unavailable to unauthorized vehicles and they
26    are subject to being removed at the owner or operator's

 

 

HB5496 Enrolled- 152 -LRB102 25260 LNS 34533 b

1    expense, any property owner or lessor, prior to towing or
2    removing any vehicle from private property without the
3    consent of the owner or other legally authorized person in
4    control of that vehicle, must post a notice meeting the
5    following requirements:
6            a. Except as otherwise provided in subparagraph
7        a.1 of this subdivision (f)5, the notice must be
8        prominently placed at each driveway access or curb cut
9        allowing vehicular access to the property within 5
10        feet from the public right-of-way line. If there are
11        no curbs or access barriers, the sign must be posted
12        not less than one sign each 100 feet of lot frontage.
13            a.1. In a municipality with a population of less
14        than 250,000, as an alternative to the requirement of
15        subparagraph a of this subdivision (f)5, the notice
16        for a parking lot contained within property used
17        solely for a 2-family, 3-family, or 4-family residence
18        may be prominently placed at the perimeter of the
19        parking lot, in a position where the notice is visible
20        to the occupants of vehicles entering the lot.
21            b. The notice must indicate clearly, in not less
22        than 2 inch high light-reflective letters on a
23        contrasting background, that unauthorized vehicles
24        will be towed away at the owner's expense.
25            c. The notice must also provide the name and
26        current telephone number of the towing service towing

 

 

HB5496 Enrolled- 153 -LRB102 25260 LNS 34533 b

1        or removing the vehicle.
2            d. The sign structure containing the required
3        notices must be permanently installed with the bottom
4        of the sign not less than 4 feet above ground level,
5        and must be continuously maintained on the property
6        for not less than 24 hours prior to the towing or
7        removing of any vehicle.
8        6. Any towing service that tows or removes vehicles
9    and proposes to require the owner, operator, or person in
10    control of the vehicle to pay the costs of towing and
11    storage prior to redemption of the vehicle must file and
12    keep on record with the local law enforcement agency a
13    complete copy of the current rates to be charged for such
14    services, and post at the storage site an identical rate
15    schedule and any written contracts with property owners,
16    lessors, or persons in control of property which authorize
17    them to remove vehicles as provided in this Section. The
18    towing and storage charges, however, shall not exceed the
19    maximum allowed by the Illinois Commerce Commission under
20    Section 18a-200.
21        7. No person shall engage in the removal of vehicles
22    from private property as described in this Section without
23    filing a notice of intent in each community where he
24    intends to do such removal, and such notice shall be filed
25    at least 7 days before commencing such towing.
26        8. No removal of a vehicle from private property shall

 

 

HB5496 Enrolled- 154 -LRB102 25260 LNS 34533 b

1    be done except upon express written instructions of the
2    owners or persons in charge of the private property upon
3    which the vehicle is said to be trespassing.
4        9. Vehicle entry for the purpose of removal shall be
5    allowed with reasonable care on the part of the person or
6    firm towing the vehicle. Such person or firm shall be
7    liable for any damages occasioned to the vehicle if such
8    entry is not in accordance with the standards of
9    reasonable care.
10        9.5. Except as authorized by a law enforcement
11    officer, no towing service shall engage in the removal of
12    a commercial motor vehicle that requires a commercial
13    driver's license to operate by operating the vehicle under
14    its own power on a highway.
15        10. When a vehicle has been towed or removed pursuant
16    to this Section, it must be released to its owner,
17    custodian, agent, or lienholder within one half hour after
18    requested, if such request is made during business hours.
19    Any vehicle owner, custodian, agent, or lienholder shall
20    have the right to inspect the vehicle before accepting its
21    return, and no release or waiver of any kind which would
22    release the towing service from liability for damages
23    incurred during the towing and storage may be required
24    from any vehicle owner or other legally authorized person
25    as a condition of release of the vehicle. A detailed,
26    signed receipt showing the legal name of the towing

 

 

HB5496 Enrolled- 155 -LRB102 25260 LNS 34533 b

1    service must be given to the person paying towing or
2    storage charges at the time of payment, whether requested
3    or not.
4        This Section shall not apply to law enforcement,
5    firefighting, rescue, ambulance, or other emergency
6    vehicles which are marked as such or to property owned by
7    any governmental entity.
8        When an authorized person improperly causes a motor
9    vehicle to be removed, such person shall be liable to the
10    owner or lessee of the vehicle for the cost or removal,
11    transportation and storage, any damages resulting from the
12    removal, transportation and storage, attorney's fee and
13    court costs.
14        Any towing or storage charges accrued shall be payable
15    in cash or by cashier's check, certified check, debit
16    card, credit card, or wire transfer, at the option of the
17    party taking possession of the vehicle.
18        11. Towing companies shall also provide insurance
19    coverage for areas where vehicles towed under the
20    provisions of this Chapter will be impounded or otherwise
21    stored, and shall adequately cover loss by fire, theft or
22    other risks.
23    Any person who fails to comply with the conditions and
24restrictions of this subsection shall be guilty of a Class C
25misdemeanor and shall be fined not less than $100 nor more than
26$500.

 

 

HB5496 Enrolled- 156 -LRB102 25260 LNS 34533 b

1    (g)(1) When a vehicle is determined to be a hazardous
2dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
3Illinois Municipal Code or Section 5-12002.1 of the Counties
4Code, its removal and impoundment by a towing service may be
5authorized by a law enforcement agency with appropriate
6jurisdiction.
7    (2) When a vehicle removal from either public or private
8property is authorized by a law enforcement agency, the owner
9of the vehicle shall be responsible for all towing and storage
10charges.
11    (3) Vehicles removed from public or private property and
12stored by a commercial vehicle relocator or any other towing
13service authorized by a law enforcement agency in compliance
14with this Section and Sections 4-201 and 4-202 of this Code, or
15at the request of the vehicle owner or operator, shall be
16subject to a possessor lien for services pursuant to the Labor
17and Storage Lien (Small Amount) Act. The provisions of Section
181 of that Act relating to notice and implied consent shall be
19deemed satisfied by compliance with Section 18a-302 and
20subsection (6) of Section 18a-300. In no event shall such lien
21be greater than the rate or rates established in accordance
22with subsection (6) of Section 18a-200 of this Code. In no
23event shall such lien be increased or altered to reflect any
24charge for services or materials rendered in addition to those
25authorized by this Code. Every such lien shall be payable in
26cash or by cashier's check, certified check, debit card,

 

 

HB5496 Enrolled- 157 -LRB102 25260 LNS 34533 b

1credit card, or wire transfer, at the option of the party
2taking possession of the vehicle.
3    (4) Any personal property belonging to the vehicle owner
4in a vehicle subject to a lien under this subsection (g) shall
5likewise be subject to that lien, excepting only: child
6restraint systems as defined in Section 4 of the Child
7Passenger Protection Act and other child booster seats;
8eyeglasses; food; medicine; perishable property; any
9operator's licenses; any cash, credit cards, or checks or
10checkbooks; any wallet, purse, or other property containing
11any operator's license or other identifying documents or
12materials, cash, credit cards, checks, or checkbooks; and any
13personal property belonging to a person other than the vehicle
14owner if that person provides adequate proof that the personal
15property belongs to that person. The spouse, child, mother,
16father, brother, or sister of the vehicle owner may claim
17personal property excepted under this paragraph (4) if the
18person claiming the personal property provides the commercial
19vehicle relocator or towing service with the authorization of
20the vehicle owner.
21    (5) This paragraph (5) applies only in the case of a
22vehicle that is towed as a result of being involved in a crash
23an accident. In addition to the personal property excepted
24under paragraph (4), all other personal property in a vehicle
25subject to a lien under this subsection (g) is exempt from that
26lien and may be claimed by the vehicle owner if the vehicle

 

 

HB5496 Enrolled- 158 -LRB102 25260 LNS 34533 b

1owner provides the commercial vehicle relocator or towing
2service with proof that the vehicle owner has an insurance
3policy covering towing and storage fees. The spouse, child,
4mother, father, brother, or sister of the vehicle owner may
5claim personal property in a vehicle subject to a lien under
6this subsection (g) if the person claiming the personal
7property provides the commercial vehicle relocator or towing
8service with the authorization of the vehicle owner and proof
9that the vehicle owner has an insurance policy covering towing
10and storage fees. The regulation of liens on personal property
11and exceptions to those liens in the case of vehicles towed as
12a result of being involved in a crash an accident are exclusive
13powers and functions of the State. A home rule unit may not
14regulate liens on personal property and exceptions to those
15liens in the case of vehicles towed as a result of being
16involved in a crash an accident. This paragraph (5) is a denial
17and limitation of home rule powers and functions under
18subsection (h) of Section 6 of Article VII of the Illinois
19Constitution.
20    (6) No lien under this subsection (g) shall: exceed $2,000
21in its total amount; or be increased or altered to reflect any
22charge for services or materials rendered in addition to those
23authorized by this Code.
24    (h) Whenever a peace officer issues a citation to a driver
25for a violation of subsection (a) of Section 11-506 of this
26Code, the arresting officer may have the vehicle which the

 

 

HB5496 Enrolled- 159 -LRB102 25260 LNS 34533 b

1person was operating at the time of the arrest impounded for a
2period of 5 days after the time of arrest. An impounding agency
3shall release a motor vehicle impounded under this subsection
4(h) to the registered owner of the vehicle under any of the
5following circumstances:
6        (1) If the vehicle is a stolen vehicle; or
7        (2) If the person ticketed for a violation of
8    subsection (a) of Section 11-506 of this Code was not
9    authorized by the registered owner of the vehicle to
10    operate the vehicle at the time of the violation; or
11        (3) If the registered owner of the vehicle was neither
12    the driver nor a passenger in the vehicle at the time of
13    the violation or was unaware that the driver was using the
14    vehicle to engage in street racing; or
15        (4) If the legal owner or registered owner of the
16    vehicle is a rental car agency; or
17        (5) If, prior to the expiration of the impoundment
18    period specified above, the citation is dismissed or the
19    defendant is found not guilty of the offense.
20    (i) Except for vehicles exempted under subsection (b) of
21Section 7-601 of this Code, whenever a law enforcement officer
22issues a citation to a driver for a violation of Section 3-707
23of this Code, and the driver has a prior conviction for a
24violation of Section 3-707 of this Code in the past 12 months,
25the arresting officer shall authorize the removal and
26impoundment of the vehicle by a towing service.

 

 

HB5496 Enrolled- 160 -LRB102 25260 LNS 34533 b

1(Source: P.A. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17;
2100-537, eff. 6-1-18; 100-863, eff. 8-14-18.)
 
3    (625 ILCS 5/5-101)  (from Ch. 95 1/2, par. 5-101)
4    Sec. 5-101. New vehicle dealers must be licensed.
5    (a) No person shall engage in this State in the business of
6selling or dealing in, on consignment or otherwise, new
7vehicles of any make, or act as an intermediary or agent or
8broker for any licensed dealer or vehicle purchaser other than
9as a salesperson, or represent or advertise that he is so
10engaged or intends to so engage in such business unless
11licensed to do so in writing by the Secretary of State under
12the provisions of this Section.
13    (b) An application for a new vehicle dealer's license
14shall be filed with the Secretary of State, duly verified by
15oath, on such form as the Secretary of State may by rule or
16regulation prescribe and shall contain:
17        1. The name and type of business organization of the
18    applicant and his established and additional places of
19    business, if any, in this State.
20        2. If the applicant is a corporation, a list of its
21    officers, directors, and shareholders having a ten percent
22    or greater ownership interest in the corporation, setting
23    forth the residence address of each; if the applicant is a
24    sole proprietorship, a partnership, an unincorporated
25    association, a trust, or any similar form of business

 

 

HB5496 Enrolled- 161 -LRB102 25260 LNS 34533 b

1    organization, the name and residence address of the
2    proprietor or of each partner, member, officer, director,
3    trustee, or manager.
4        3. The make or makes of new vehicles which the
5    applicant will offer for sale at retail in this State.
6        4. The name of each manufacturer or franchised
7    distributor, if any, of new vehicles with whom the
8    applicant has contracted for the sale of such new
9    vehicles. As evidence of this fact, the application shall
10    be accompanied by a signed statement from each such
11    manufacturer or franchised distributor. If the applicant
12    is in the business of offering for sale new conversion
13    vehicles, trucks or vans, except for trucks modified to
14    serve a special purpose which includes but is not limited
15    to the following vehicles: street sweepers, fertilizer
16    spreaders, emergency vehicles, implements of husbandry or
17    maintenance type vehicles, he must furnish evidence of a
18    sales and service agreement from both the chassis
19    manufacturer and second stage manufacturer.
20        5. A statement that the applicant has been approved
21    for registration under the Retailers' Occupation Tax Act
22    by the Department of Revenue: Provided that this
23    requirement does not apply to a dealer who is already
24    licensed hereunder with the Secretary of State, and who is
25    merely applying for a renewal of his license. As evidence
26    of this fact, the application shall be accompanied by a

 

 

HB5496 Enrolled- 162 -LRB102 25260 LNS 34533 b

1    certification from the Department of Revenue showing that
2    that Department has approved the applicant for
3    registration under the Retailers' Occupation Tax Act.
4        6. A statement that the applicant has complied with
5    the appropriate liability insurance requirement. A
6    Certificate of Insurance in a solvent company authorized
7    to do business in the State of Illinois shall be included
8    with each application covering each location at which he
9    proposes to act as a new vehicle dealer. The policy must
10    provide liability coverage in the minimum amounts of
11    $100,000 for bodily injury to, or death of, any person,
12    $300,000 for bodily injury to, or death of, two or more
13    persons in any one crash accident, and $50,000 for damage
14    to property. Such policy shall expire not sooner than
15    December 31 of the year for which the license was issued or
16    renewed. The expiration of the insurance policy shall not
17    terminate the liability under the policy arising during
18    the period for which the policy was filed. Trailer and
19    mobile home dealers are exempt from this requirement.
20        If the permitted user has a liability insurance policy
21    that provides automobile liability insurance coverage of
22    at least $100,000 for bodily injury to or the death of any
23    person, $300,000 for bodily injury to or the death of any 2
24    or more persons in any one crash accident, and $50,000 for
25    damage to property, then the permitted user's insurer
26    shall be the primary insurer and the dealer's insurer

 

 

HB5496 Enrolled- 163 -LRB102 25260 LNS 34533 b

1    shall be the secondary insurer. If the permitted user does
2    not have a liability insurance policy that provides
3    automobile liability insurance coverage of at least
4    $100,000 for bodily injury to or the death of any person,
5    $300,000 for bodily injury to or the death of any 2 or more
6    persons in any one crash accident, and $50,000 for damage
7    to property, or does not have any insurance at all, then
8    the dealer's insurer shall be the primary insurer and the
9    permitted user's insurer shall be the secondary insurer.
10        When a permitted user is "test driving" a new vehicle
11    dealer's automobile, the new vehicle dealer's insurance
12    shall be primary and the permitted user's insurance shall
13    be secondary.
14        As used in this paragraph 6, a "permitted user" is a
15    person who, with the permission of the new vehicle dealer
16    or an employee of the new vehicle dealer, drives a vehicle
17    owned and held for sale or lease by the new vehicle dealer
18    which the person is considering to purchase or lease, in
19    order to evaluate the performance, reliability, or
20    condition of the vehicle. The term "permitted user" also
21    includes a person who, with the permission of the new
22    vehicle dealer, drives a vehicle owned or held for sale or
23    lease by the new vehicle dealer for loaner purposes while
24    the user's vehicle is being repaired or evaluated.
25        As used in this paragraph 6, "test driving" occurs
26    when a permitted user who, with the permission of the new

 

 

HB5496 Enrolled- 164 -LRB102 25260 LNS 34533 b

1    vehicle dealer or an employee of the new vehicle dealer,
2    drives a vehicle owned and held for sale or lease by a new
3    vehicle dealer that the person is considering to purchase
4    or lease, in order to evaluate the performance,
5    reliability, or condition of the vehicle.
6        As used in this paragraph 6, "loaner purposes" means
7    when a person who, with the permission of the new vehicle
8    dealer, drives a vehicle owned or held for sale or lease by
9    the new vehicle dealer while the user's vehicle is being
10    repaired or evaluated.
11        7. (A) An application for a new motor vehicle dealer's
12    license shall be accompanied by the following license
13    fees:
14            (i) $1,000 for applicant's established place of
15        business, and $100 for each additional place of
16        business, if any, to which the application pertains;
17        but if the application is made after June 15 of any
18        year, the license fee shall be $500 for applicant's
19        established place of business plus $50 for each
20        additional place of business, if any, to which the
21        application pertains. License fees shall be returnable
22        only in the event that the application is denied by the
23        Secretary of State. All moneys received by the
24        Secretary of State as license fees under this
25        subparagraph (i) prior to applications for the 2004
26        licensing year shall be deposited into the Motor

 

 

HB5496 Enrolled- 165 -LRB102 25260 LNS 34533 b

1        Vehicle Review Board Fund and shall be used to
2        administer the Motor Vehicle Review Board under the
3        Motor Vehicle Franchise Act. Of the money received by
4        the Secretary of State as license fees under this
5        subparagraph (i) for the 2004 licensing year and
6        thereafter, 10% shall be deposited into the Motor
7        Vehicle Review Board Fund and shall be used to
8        administer the Motor Vehicle Review Board under the
9        Motor Vehicle Franchise Act and 90% shall be deposited
10        into the General Revenue Fund.
11            (ii) Except for dealers selling 25 or fewer
12        automobiles or as provided in subsection (h) of
13        Section 5-102.7 of this Code, an Annual Dealer
14        Recovery Fund Fee in the amount of $500 for the
15        applicant's established place of business, and $50 for
16        each additional place of business, if any, to which
17        the application pertains; but if the application is
18        made after June 15 of any year, the fee shall be $250
19        for the applicant's established place of business plus
20        $25 for each additional place of business, if any, to
21        which the application pertains. For a license renewal
22        application, the fee shall be based on the amount of
23        automobiles sold in the past year according to the
24        following formula:
25                (1) $0 for dealers selling 25 or less
26            automobiles;

 

 

HB5496 Enrolled- 166 -LRB102 25260 LNS 34533 b

1                (2) $150 for dealers selling more than 25 but
2            less than 200 automobiles;
3                (3) $300 for dealers selling 200 or more
4            automobiles but less than 300 automobiles; and
5                (4) $500 for dealers selling 300 or more
6            automobiles.
7            License fees shall be returnable only in the event
8        that the application is denied by the Secretary of
9        State. Moneys received under this subparagraph (ii)
10        shall be deposited into the Dealer Recovery Trust
11        Fund.
12        (B) An application for a new vehicle dealer's license,
13    other than for a new motor vehicle dealer's license, shall
14    be accompanied by the following license fees:
15            (i) $1,000 for applicant's established place of
16        business, and $50 for each additional place of
17        business, if any, to which the application pertains;
18        but if the application is made after June 15 of any
19        year, the license fee shall be $500 for applicant's
20        established place of business plus $25 for each
21        additional place of business, if any, to which the
22        application pertains. License fees shall be returnable
23        only in the event that the application is denied by the
24        Secretary of State. Of the money received by the
25        Secretary of State as license fees under this
26        subparagraph (i) for the 2004 licensing year and

 

 

HB5496 Enrolled- 167 -LRB102 25260 LNS 34533 b

1        thereafter, 95% shall be deposited into the General
2        Revenue Fund.
3            (ii) Except as provided in subsection (h) of
4        Section 5-102.7 of this Code, an Annual Dealer
5        Recovery Fund Fee in the amount of $500 for the
6        applicant's established place of business, and $50 for
7        each additional place of business, if any, to which
8        the application pertains; but if the application is
9        made after June 15 of any year, the fee shall be $250
10        for the applicant's established place of business plus
11        $25 for each additional place of business, if any, to
12        which the application pertains. License fees shall be
13        returnable only in the event that the application is
14        denied by the Secretary of State. Moneys received
15        under this subparagraph (ii) shall be deposited into
16        the Dealer Recovery Trust Fund.
17        8. A statement that the applicant's officers,
18    directors, shareholders having a 10% or greater ownership
19    interest therein, proprietor, a partner, member, officer,
20    director, trustee, manager or other principals in the
21    business have not committed in the past 3 years any one
22    violation as determined in any civil, criminal or
23    administrative proceedings of any one of the following
24    Acts:
25            (A) The Anti-Theft Laws of the Illinois Vehicle
26        Code;

 

 

HB5496 Enrolled- 168 -LRB102 25260 LNS 34533 b

1            (B) The Certificate of Title Laws of the Illinois
2        Vehicle Code;
3            (C) The Offenses against Registration and
4        Certificates of Title Laws of the Illinois Vehicle
5        Code;
6            (D) The Dealers, Transporters, Wreckers and
7        Rebuilders Laws of the Illinois Vehicle Code;
8            (E) Section 21-2 of the Criminal Code of 1961 or
9        the Criminal Code of 2012, Criminal Trespass to
10        Vehicles; or
11            (F) The Retailers' Occupation Tax Act.
12        9. A statement that the applicant's officers,
13    directors, shareholders having a 10% or greater ownership
14    interest therein, proprietor, partner, member, officer,
15    director, trustee, manager or other principals in the
16    business have not committed in any calendar year 3 or more
17    violations, as determined in any civil, criminal or
18    administrative proceedings, of any one or more of the
19    following Acts:
20            (A) The Consumer Finance Act;
21            (B) The Consumer Installment Loan Act;
22            (C) The Retail Installment Sales Act;
23            (D) The Motor Vehicle Retail Installment Sales
24        Act;
25            (E) The Interest Act;
26            (F) The Illinois Wage Assignment Act;

 

 

HB5496 Enrolled- 169 -LRB102 25260 LNS 34533 b

1            (G) Part 8 of Article XII of the Code of Civil
2        Procedure; or
3            (H) The Consumer Fraud Act.
4        9.5. A statement that, within 10 years of application,
5    each officer, director, shareholder having a 10% or
6    greater ownership interest therein, proprietor, partner,
7    member, officer, director, trustee, manager, or other
8    principal in the business of the applicant has not
9    committed, as determined in any civil, criminal, or
10    administrative proceeding, in any calendar year one or
11    more forcible felonies under the Criminal Code of 1961 or
12    the Criminal Code of 2012, or a violation of either or both
13    Article 16 or 17 of the Criminal Code of 1961 or a
14    violation of either or both Article 16 or 17 of the
15    Criminal Code of 2012, Article 29B of the Criminal Code of
16    1961 or the Criminal Code of 2012, or a similar
17    out-of-state offense. For the purposes of this paragraph,
18    "forcible felony" has the meaning provided in Section 2-8
19    of the Criminal Code of 2012.
20        10. A bond or certificate of deposit in the amount of
21    $50,000 for each location at which the applicant intends
22    to act as a new vehicle dealer. The bond shall be for the
23    term of the license, or its renewal, for which application
24    is made, and shall expire not sooner than December 31 of
25    the year for which the license was issued or renewed. The
26    bond shall run to the People of the State of Illinois, with

 

 

HB5496 Enrolled- 170 -LRB102 25260 LNS 34533 b

1    surety by a bonding or insurance company authorized to do
2    business in this State. It shall be conditioned upon the
3    proper transmittal of all title and registration fees and
4    taxes (excluding taxes under the Retailers' Occupation Tax
5    Act) accepted by the applicant as a new vehicle dealer.
6        11. Such other information concerning the business of
7    the applicant as the Secretary of State may by rule or
8    regulation prescribe.
9        12. A statement that the applicant understands Chapter
10    1 through Chapter 5 of this Code.
11        13. The full name, address, and contact information of
12    each of the dealer's agents or legal representatives who
13    is an Illinois resident and liable for the performance of
14    the dealership.
15    (c) Any change which renders no longer accurate any
16information contained in any application for a new vehicle
17dealer's license shall be amended within 30 days after the
18occurrence of such change on such form as the Secretary of
19State may prescribe by rule or regulation, accompanied by an
20amendatory fee of $2.
21    (d) Anything in this Chapter 5 to the contrary
22notwithstanding no person shall be licensed as a new vehicle
23dealer unless:
24        1. He is authorized by contract in writing between
25    himself and the manufacturer or franchised distributor of
26    such make of vehicle to so sell the same in this State, and

 

 

HB5496 Enrolled- 171 -LRB102 25260 LNS 34533 b

1        2. Such person shall maintain an established place of
2    business as defined in this Act.
3    (e) The Secretary of State shall, within a reasonable time
4after receipt, examine an application submitted to him under
5this Section and unless he makes a determination that the
6application submitted to him does not conform with the
7requirements of this Section or that grounds exist for a
8denial of the application, under Section 5-501 of this
9Chapter, grant the applicant an original new vehicle dealer's
10license in writing for his established place of business and a
11supplemental license in writing for each additional place of
12business in such form as he may prescribe by rule or regulation
13which shall include the following:
14        1. The name of the person licensed;
15        2. If a corporation, the name and address of its
16    officers or if a sole proprietorship, a partnership, an
17    unincorporated association or any similar form of business
18    organization, the name and address of the proprietor or of
19    each partner, member, officer, director, trustee or
20    manager;
21        3. In the case of an original license, the established
22    place of business of the licensee;
23        4. In the case of a supplemental license, the
24    established place of business of the licensee and the
25    additional place of business to which such supplemental
26    license pertains;

 

 

HB5496 Enrolled- 172 -LRB102 25260 LNS 34533 b

1        5. The make or makes of new vehicles which the
2    licensee is licensed to sell;
3        6. The full name, address, and contact information of
4    each of the dealer's agents or legal representatives who
5    is an Illinois resident and liable for the performance of
6    the dealership.
7    (f) The appropriate instrument evidencing the license or a
8certified copy thereof, provided by the Secretary of State,
9shall be kept posted conspicuously in the established place of
10business of the licensee and in each additional place of
11business, if any, maintained by such licensee.
12    (g) Except as provided in subsection (h) hereof, all new
13vehicle dealer's licenses granted under this Section shall
14expire by operation of law on December 31 of the calendar year
15for which they are granted unless sooner revoked or cancelled
16under the provisions of Section 5-501 of this Chapter.
17    (h) A new vehicle dealer's license may be renewed upon
18application and payment of the fee required herein, and
19submission of proof of coverage under an approved bond under
20the Retailers' Occupation Tax Act or proof that applicant is
21not subject to such bonding requirements, as in the case of an
22original license, but in case an application for the renewal
23of an effective license is made during the month of December,
24the effective license shall remain in force until the
25application is granted or denied by the Secretary of State.
26    (i) All persons licensed as a new vehicle dealer are

 

 

HB5496 Enrolled- 173 -LRB102 25260 LNS 34533 b

1required to furnish each purchaser of a motor vehicle:
2        1. In the case of a new vehicle a manufacturer's
3    statement of origin and in the case of a used motor vehicle
4    a certificate of title, in either case properly assigned
5    to the purchaser;
6        2. A statement verified under oath that all
7    identifying numbers on the vehicle agree with those on the
8    certificate of title or manufacturer's statement of
9    origin;
10        3. A bill of sale properly executed on behalf of such
11    person;
12        4. A copy of the Uniform Invoice-transaction reporting
13    return referred to in Section 5-402 hereof;
14        5. In the case of a rebuilt vehicle, a copy of the
15    Disclosure of Rebuilt Vehicle Status; and
16        6. In the case of a vehicle for which the warranty has
17    been reinstated, a copy of the warranty.
18    (j) Except at the time of sale or repossession of the
19vehicle, no person licensed as a new vehicle dealer may issue
20any other person a newly created key to a vehicle unless the
21new vehicle dealer makes a color photocopy or electronic scan
22of the driver's license or State identification card of the
23person requesting or obtaining the newly created key. The new
24vehicle dealer must retain the photocopy or scan for 30 days.
25    A new vehicle dealer who violates this subsection (j) is
26guilty of a petty offense. Violation of this subsection (j) is

 

 

HB5496 Enrolled- 174 -LRB102 25260 LNS 34533 b

1not cause to suspend, revoke, cancel, or deny renewal of the
2new vehicle dealer's license.
3    This amendatory Act of 1983 shall be applicable to the
41984 registration year and thereafter.
5    (k) If a licensee under this Section voluntarily
6surrenders a license to the Illinois Secretary of State Police
7or a representative of the Secretary of State Vehicle Services
8Department due to the licensee's inability to adhere to
9recordkeeping provisions, or the inability to properly issue
10certificates of title or registrations under this Code, or the
11Secretary revokes a license under this Section, then the
12licensee and the licensee's agent, designee, or legal
13representative, if applicable, may not be named on a new
14application for a licensee under this Section or under this
15Chapter, nor is the licensee or the licensee's agent,
16designee, or legal representative permitted to work for
17another licensee under this Chapter in a recordkeeping,
18management, or financial position or as an employee who
19handles certificate of title and registration documents and
20applications.
21(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22.)
 
22    (625 ILCS 5/5-101.1)
23    Sec. 5-101.1. Motor vehicle financing affiliates;
24licensing.
25    (a) In this State no business shall engage in the business

 

 

HB5496 Enrolled- 175 -LRB102 25260 LNS 34533 b

1of a motor vehicle financing affiliate without a license to do
2so in writing from the Secretary of State.
3    (b) An application for a motor vehicle financing
4affiliate's license must be filed with the Secretary of State,
5duly verified by oath, on a form prescribed by the Secretary of
6State and shall contain all of the following:
7        (1) The name and type of business organization of the
8    applicant and the applicant's established place of
9    business and any additional places of business in this
10    State.
11        (2) The name and address of the licensed new or used
12    vehicle dealer to which the applicant will be selling,
13    transferring, or assigning new or used motor vehicles
14    pursuant to a written contract. If more than one dealer is
15    on the application, the applicant shall state in writing
16    the basis of common ownership among the dealers.
17        (3) A list of the business organization's officers,
18    directors, members, and shareholders having a 10% or
19    greater ownership interest in the business, providing the
20    residential address for each person listed.
21        (4) If selling, transferring, or assigning new motor
22    vehicles, the make or makes of new vehicles that it will
23    sell, assign, or otherwise transfer to the contracting new
24    motor vehicle dealer listed on the application pursuant to
25    paragraph (2).
26        (5) The name of each manufacturer or franchised

 

 

HB5496 Enrolled- 176 -LRB102 25260 LNS 34533 b

1    distributor, if any, of new vehicles with whom the
2    applicant has contracted for the sale of new vehicles and
3    a signed statement from each manufacturer or franchised
4    distributor acknowledging the contract.
5        (6) A statement that the applicant has been approved
6    for registration under the Retailers' Occupation Tax Act
7    by the Department of Revenue. This requirement does not
8    apply to a motor vehicle financing affiliate that is
9    already licensed with the Secretary of State and is
10    applying for a renewal of its license.
11        (7) A statement that the applicant has complied with
12    the appropriate liability insurance requirement and a
13    Certificate of Insurance that shall not expire before
14    December 31 of the year for which the license was issued or
15    renewed with a minimum liability coverage of $100,000 for
16    the bodily injury or death of any person, $300,000 for the
17    bodily injury or death of 2 or more persons in any one
18    crash accident, and $50,000 for damage to property. The
19    expiration of the insurance policy shall not terminate the
20    liability under the policy arising during the period for
21    which the policy was filed. Trailer and mobile home
22    dealers are exempt from the requirements of this
23    paragraph. A motor vehicle financing affiliate is exempt
24    from the requirements of this paragraph if it is covered
25    by the insurance policy of the new or used dealer listed on
26    the application pursuant to paragraph (2).

 

 

HB5496 Enrolled- 177 -LRB102 25260 LNS 34533 b

1        (8) A license fee of $1,000 for the applicant's
2    established place of business and $250 for each additional
3    place of business, if any, to which the application
4    pertains. However, if the application is made after June
5    15 of any year, the license fee shall be $500 for the
6    applicant's established place of business and $125 for
7    each additional place of business, if any, to which the
8    application pertains. These license fees shall be
9    returnable only in the event that the application is
10    denied by the Secretary of State.
11        (9) A statement incorporating the requirements of
12    paragraphs 8 and 9 of subsection (b) of Section 5-101.
13        (10) Any other information concerning the business of
14    the applicant as the Secretary of State may prescribe.
15        (11) A statement that the applicant understands
16    Chapter 1 through Chapter 5 of this Code.
17        (12) The full name, address, and contact information
18    of each of the dealer's agents or legal representatives
19    who is an Illinois resident and liable for the performance
20    of the dealership.
21    (c) Any change which renders no longer accurate any
22information contained in any application for a motor vehicle
23financing affiliate's license shall be amended within 30 days
24after the occurrence of the change on a form prescribed by the
25Secretary of State, accompanied by an amendatory fee of $2.
26    (d) If a new vehicle dealer is not listed on the

 

 

HB5496 Enrolled- 178 -LRB102 25260 LNS 34533 b

1application, pursuant to paragraph (2) of subsection (b), the
2motor vehicle financing affiliate shall not receive, possess,
3or transfer any new vehicle. If a new motor vehicle dealer is
4listed on the application, pursuant to paragraph (2) of
5subsection (b), the new motor vehicle dealer can only receive
6those new cars it is permitted to receive under its franchise
7agreement. If both a new and used motor vehicle dealer are
8listed on the application, pursuant to paragraph (2) of
9subsection (b), only the new motor vehicle dealer may receive
10new motor vehicles. If a used motor vehicle is listed on the
11application, pursuant to paragraph (2) of subsection (b), the
12used motor vehicle dealer shall not receive any new motor
13vehicles.
14    (e) The applicant and dealer provided pursuant to
15paragraph (2) of subsection (b) must be business organizations
16registered to conduct business in Illinois. Three-fourths of
17the dealer's board of directors must be members of the motor
18vehicle financing affiliate's board of directors, if
19applicable.
20    (f) Unless otherwise provided in this Chapter 5, no
21business organization registered to do business in Illinois
22shall be licensed as a motor vehicle financing affiliate
23unless:
24        (1) The motor vehicle financing affiliate shall only
25    sell, transfer, or assign motor vehicles to the licensed
26    new or used dealer listed on the application pursuant to

 

 

HB5496 Enrolled- 179 -LRB102 25260 LNS 34533 b

1    paragraph (2) of subsection (b).
2        (2) The motor vehicle financing affiliate sells,
3    transfers, or assigns to the new motor vehicle dealer
4    listed on the application, if any, only those new motor
5    vehicles the motor vehicle financing affiliate has
6    received under the contract set forth in paragraph (5) of
7    subsection (b).
8        (3) Any new vehicle dealer listed pursuant to
9    paragraph (2) of subsection (b) has a franchise agreement
10    that permits the dealer to receive motor vehicles from the
11    motor vehicle franchise affiliate.
12        (4) The new or used motor vehicle dealer listed on the
13    application pursuant to paragraph (2) of subsection (b)
14    has one established place of business or supplemental
15    places of business as referenced in subsection (g).
16    (g) The Secretary of State shall, within a reasonable time
17after receipt, examine an application submitted pursuant to
18this Section and, unless it is determined that the application
19does not conform with the requirements of this Section or that
20grounds exist for a denial of the application under Section
215-501, grant the applicant a motor vehicle financing affiliate
22license in writing for the applicant's established place of
23business and a supplemental license in writing for each
24additional place of business in a form prescribed by the
25Secretary, which shall include all of the following:
26        (1) The name of the business licensed;

 

 

HB5496 Enrolled- 180 -LRB102 25260 LNS 34533 b

1        (2) The name and address of its officers, directors,
2    or members, as applicable;
3        (3) In the case of an original license, the
4    established place of business of the licensee;
5        (4) If applicable, the make or makes of new vehicles
6    which the licensee is licensed to sell to the new motor
7    vehicle dealer listed on the application pursuant to
8    paragraph (2) of subsection (b); and
9        (5) The full name, address, and contact information of
10    each of the dealer's agents or legal representatives who
11    is an Illinois resident and liable for the performance of
12    the dealership.
13    (h) The appropriate instrument evidencing the license or a
14certified copy, provided by the Secretary of State, shall be
15kept posted conspicuously in the established place of business
16of the licensee.
17    (i) Except as provided in subsection (h), all motor
18vehicle financing affiliate's licenses granted under this
19Section shall expired by operation of law on December 31 of the
20calendar year for which they are granted, unless revoked or
21canceled at an earlier date pursuant to Section 5-501.
22    (j) A motor vehicle financing affiliate's license may be
23renewed upon application and payment of the required fee.
24However, when an application for renewal of a motor vehicle
25financing affiliate's license is made during the month of
26December, the effective license shall remain in force until

 

 

HB5496 Enrolled- 181 -LRB102 25260 LNS 34533 b

1the application is granted or denied by the Secretary of
2State.
3    (k) The contract a motor vehicle financing affiliate has
4with a manufacturer or franchised distributor, as provided in
5paragraph (5) of subsection (b), shall only permit the
6applicant to sell, transfer, or assign new motor vehicles to
7the new motor vehicle dealer listed on the application
8pursuant to paragraph (2) of subsection (b). The contract
9shall specifically prohibit the motor vehicle financing
10affiliate from selling motor vehicles at retail. This contract
11shall not be considered the granting of a franchise as defined
12in Section 2 of the Motor Vehicle Franchise Act.
13    (l) When purchasing of a motor vehicle by a new or used
14motor vehicle dealer, all persons licensed as a motor vehicle
15financing affiliate are required to furnish all of the
16following:
17        (1) For a new vehicle, a manufacturer's statement of
18    origin properly assigned to the purchasing dealer. For a
19    used vehicle, a certificate of title properly assigned to
20    the purchasing dealer.
21        (2) A statement verified under oath that all
22    identifying numbers on the vehicle agree with those on the
23    certificate of title or manufacturer's statement of
24    origin.
25        (3) A bill of sale properly executed on behalf of the
26    purchasing dealer.

 

 

HB5496 Enrolled- 182 -LRB102 25260 LNS 34533 b

1        (4) A copy of the Uniform Invoice-transaction report
2    pursuant to Section 5-402.
3        (5) In the case of a rebuilt vehicle, a copy of the
4    Disclosure of Rebuilt Vehicle Status pursuant to Section
5    5-104.3.
6        (6) In the case of a vehicle for which a warranty has
7    been reinstated, a copy of the warranty.
8    (m) The motor vehicle financing affiliate shall use the
9established and supplemental place or places of business the
10new or used vehicle dealer listed on the application pursuant
11to paragraph (2) of subsection (b) as its established and
12supplemental place or places of business.
13    (n) The motor vehicle financing affiliate shall keep all
14books and records required by this Code with the books and
15records of the new or used vehicle dealer listed on the
16application pursuant to paragraph (2) of subsection (b). The
17motor vehicle financing affiliate may use the books and
18records of the new or used motor vehicle dealer listed on the
19application pursuant to paragraph (2) of subsection (b).
20    (o) Under no circumstances shall a motor vehicle financing
21affiliate sell, transfer, or assign a new vehicle to any place
22of business of a new motor vehicle dealer, unless that place of
23business is licensed under this Chapter to sell, assign, or
24otherwise transfer the make of the new motor vehicle
25transferred.
26    (p) All moneys received by the Secretary of State as

 

 

HB5496 Enrolled- 183 -LRB102 25260 LNS 34533 b

1license fees under this Section shall be deposited into the
2Motor Vehicle Review Board Fund and shall be used to
3administer the Motor Vehicle Review Board under the Motor
4Vehicle Franchise Act.
5    (q) Except as otherwise provided in this Section, a motor
6vehicle financing affiliate shall comply with all provisions
7of this Code.
8    (r) If a licensee under this Section voluntarily
9surrenders a license to the Illinois Secretary of State Police
10or a representative of the Secretary of State Vehicle Services
11Department due to the licensee's inability to adhere to
12recordkeeping provisions, or the inability to properly issue
13certificates of title or registrations under this Code, or the
14Secretary revokes a license under this Section, then the
15licensee and the licensee's agent, designee, or legal
16representative, if applicable, may not be named on a new
17application for a licensee under this Section or under this
18Chapter, nor is the licensee or the licensee's agent,
19designee, or legal representative permitted to work for
20another licensee under this Chapter in a recordkeeping,
21management, or financial position or as an employee who
22handles certificate of title and registration documents and
23applications.
24(Source: P.A. 102-154, eff. 1-1-22.)
 
25    (625 ILCS 5/5-102)  (from Ch. 95 1/2, par. 5-102)

 

 

HB5496 Enrolled- 184 -LRB102 25260 LNS 34533 b

1    Sec. 5-102. Used vehicle dealers must be licensed.
2    (a) No person, other than a licensed new vehicle dealer,
3shall engage in the business of selling or dealing in, on
4consignment or otherwise, 5 or more used vehicles of any make
5during the year (except house trailers as authorized by
6paragraph (j) of this Section and rebuilt salvage vehicles
7sold by their rebuilders to persons licensed under this
8Chapter), or act as an intermediary, agent or broker for any
9licensed dealer or vehicle purchaser (other than as a
10salesperson) or represent or advertise that he is so engaged
11or intends to so engage in such business unless licensed to do
12so by the Secretary of State under the provisions of this
13Section.
14    (b) An application for a used vehicle dealer's license
15shall be filed with the Secretary of State, duly verified by
16oath, in such form as the Secretary of State may by rule or
17regulation prescribe and shall contain:
18        1. The name and type of business organization
19    established and additional places of business, if any, in
20    this State.
21        2. If the applicant is a corporation, a list of its
22    officers, directors, and shareholders having a ten percent
23    or greater ownership interest in the corporation, setting
24    forth the residence address of each; if the applicant is a
25    sole proprietorship, a partnership, an unincorporated
26    association, a trust, or any similar form of business

 

 

HB5496 Enrolled- 185 -LRB102 25260 LNS 34533 b

1    organization, the names and residence address of the
2    proprietor or of each partner, member, officer, director,
3    trustee, or manager.
4        3. A statement that the applicant has been approved
5    for registration under the Retailers' Occupation Tax Act
6    by the Department of Revenue. However, this requirement
7    does not apply to a dealer who is already licensed
8    hereunder with the Secretary of State, and who is merely
9    applying for a renewal of his license. As evidence of this
10    fact, the application shall be accompanied by a
11    certification from the Department of Revenue showing that
12    the Department has approved the applicant for registration
13    under the Retailers' Occupation Tax Act.
14        4. A statement that the applicant has complied with
15    the appropriate liability insurance requirement. A
16    Certificate of Insurance in a solvent company authorized
17    to do business in the State of Illinois shall be included
18    with each application covering each location at which he
19    proposes to act as a used vehicle dealer. The policy must
20    provide liability coverage in the minimum amounts of
21    $100,000 for bodily injury to, or death of, any person,
22    $300,000 for bodily injury to, or death of, two or more
23    persons in any one crash accident, and $50,000 for damage
24    to property. Such policy shall expire not sooner than
25    December 31 of the year for which the license was issued or
26    renewed. The expiration of the insurance policy shall not

 

 

HB5496 Enrolled- 186 -LRB102 25260 LNS 34533 b

1    terminate the liability under the policy arising during
2    the period for which the policy was filed. Trailer and
3    mobile home dealers are exempt from this requirement.
4        If the permitted user has a liability insurance policy
5    that provides automobile liability insurance coverage of
6    at least $100,000 for bodily injury to or the death of any
7    person, $300,000 for bodily injury to or the death of any 2
8    or more persons in any one crash accident, and $50,000 for
9    damage to property, then the permitted user's insurer
10    shall be the primary insurer and the dealer's insurer
11    shall be the secondary insurer. If the permitted user does
12    not have a liability insurance policy that provides
13    automobile liability insurance coverage of at least
14    $100,000 for bodily injury to or the death of any person,
15    $300,000 for bodily injury to or the death of any 2 or more
16    persons in any one crash accident, and $50,000 for damage
17    to property, or does not have any insurance at all, then
18    the dealer's insurer shall be the primary insurer and the
19    permitted user's insurer shall be the secondary insurer.
20        When a permitted user is "test driving" a used vehicle
21    dealer's automobile, the used vehicle dealer's insurance
22    shall be primary and the permitted user's insurance shall
23    be secondary.
24        As used in this paragraph 4, a "permitted user" is a
25    person who, with the permission of the used vehicle dealer
26    or an employee of the used vehicle dealer, drives a

 

 

HB5496 Enrolled- 187 -LRB102 25260 LNS 34533 b

1    vehicle owned and held for sale or lease by the used
2    vehicle dealer which the person is considering to purchase
3    or lease, in order to evaluate the performance,
4    reliability, or condition of the vehicle. The term
5    "permitted user" also includes a person who, with the
6    permission of the used vehicle dealer, drives a vehicle
7    owned or held for sale or lease by the used vehicle dealer
8    for loaner purposes while the user's vehicle is being
9    repaired or evaluated.
10        As used in this paragraph 4, "test driving" occurs
11    when a permitted user who, with the permission of the used
12    vehicle dealer or an employee of the used vehicle dealer,
13    drives a vehicle owned and held for sale or lease by a used
14    vehicle dealer that the person is considering to purchase
15    or lease, in order to evaluate the performance,
16    reliability, or condition of the vehicle.
17        As used in this paragraph 4, "loaner purposes" means
18    when a person who, with the permission of the used vehicle
19    dealer, drives a vehicle owned or held for sale or lease by
20    the used vehicle dealer while the user's vehicle is being
21    repaired or evaluated.
22        5. An application for a used vehicle dealer's license
23    shall be accompanied by the following license fees:
24            (A) $1,000 for applicant's established place of
25        business, and $50 for each additional place of
26        business, if any, to which the application pertains;

 

 

HB5496 Enrolled- 188 -LRB102 25260 LNS 34533 b

1        however, if the application is made after June 15 of
2        any year, the license fee shall be $500 for
3        applicant's established place of business plus $25 for
4        each additional place of business, if any, to which
5        the application pertains. License fees shall be
6        returnable only in the event that the application is
7        denied by the Secretary of State. Of the money
8        received by the Secretary of State as license fees
9        under this subparagraph (A) for the 2004 licensing
10        year and thereafter, 95% shall be deposited into the
11        General Revenue Fund.
12            (B) Except for dealers selling 25 or fewer
13        automobiles or as provided in subsection (h) of
14        Section 5-102.7 of this Code, an Annual Dealer
15        Recovery Fund Fee in the amount of $500 for the
16        applicant's established place of business, and $50 for
17        each additional place of business, if any, to which
18        the application pertains; but if the application is
19        made after June 15 of any year, the fee shall be $250
20        for the applicant's established place of business plus
21        $25 for each additional place of business, if any, to
22        which the application pertains. For a license renewal
23        application, the fee shall be based on the amount of
24        automobiles sold in the past year according to the
25        following formula:
26                (1) $0 for dealers selling 25 or less

 

 

HB5496 Enrolled- 189 -LRB102 25260 LNS 34533 b

1            automobiles;
2                (2) $150 for dealers selling more than 25 but
3            less than 200 automobiles;
4                (3) $300 for dealers selling 200 or more
5            automobiles but less than 300 automobiles; and
6                (4) $500 for dealers selling 300 or more
7            automobiles.
8            License fees shall be returnable only in the event
9        that the application is denied by the Secretary of
10        State. Moneys received under this subparagraph (B)
11        shall be deposited into the Dealer Recovery Trust
12        Fund.
13        6. A statement that the applicant's officers,
14    directors, shareholders having a 10% or greater ownership
15    interest therein, proprietor, 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

 

 

HB5496 Enrolled- 190 -LRB102 25260 LNS 34533 b

1        Code;
2            (D) The Dealers, Transporters, Wreckers and
3        Rebuilders Laws of the Illinois Vehicle Code;
4            (E) Section 21-2 of the Illinois Criminal Code of
5        1961 or the Criminal Code of 2012, Criminal Trespass
6        to Vehicles; or
7            (F) The Retailers' Occupation Tax Act.
8        7. A statement that the applicant's officers,
9    directors, shareholders having a 10% or greater ownership
10    interest therein, proprietor, partner, member, officer,
11    director, trustee, manager, or other principals in the
12    business have not committed in any calendar year 3 or more
13    violations, as determined in any civil, or criminal, or
14    administrative proceedings, of any one or more of the
15    following Acts:
16            (A) The Consumer Finance Act;
17            (B) The Consumer Installment Loan Act;
18            (C) The Retail Installment Sales Act;
19            (D) The Motor Vehicle Retail Installment Sales
20        Act;
21            (E) The Interest Act;
22            (F) The Illinois Wage Assignment Act;
23            (G) Part 8 of Article XII of the Code of Civil
24        Procedure; or
25            (H) The Consumer Fraud and Deceptive Business
26        Practices Act.

 

 

HB5496 Enrolled- 191 -LRB102 25260 LNS 34533 b

1        7.5. A statement that, within 10 years of application,
2    each officer, director, shareholder having a 10% or
3    greater ownership interest therein, proprietor, partner,
4    member, officer, director, trustee, manager, or other
5    principal in the business of the applicant has not
6    committed, as determined in any civil, criminal, or
7    administrative proceeding, in any calendar year one or
8    more forcible felonies under the Criminal Code of 1961 or
9    the Criminal Code of 2012, or a violation of either or both
10    Article 16 or 17 of the Criminal Code of 1961 or a
11    violation of either or both Article 16 or 17 of the
12    Criminal Code of 2012, Article 29B of the Criminal Code of
13    1961 or the Criminal Code of 2012, or a similar
14    out-of-state offense. For the purposes of this paragraph,
15    "forcible felony" has the meaning provided in Section 2-8
16    of the Criminal Code of 2012.
17        8. A bond or Certificate of Deposit in the amount of
18    $50,000 for each location at which the applicant intends
19    to act as a used vehicle dealer. The bond shall be for the
20    term of the license, or its renewal, for which application
21    is made, and shall expire not sooner than December 31 of
22    the year for which the license was issued or renewed. The
23    bond shall run to the People of the State of Illinois, with
24    surety by a bonding or insurance company authorized to do
25    business in this State. It shall be conditioned upon the
26    proper transmittal of all title and registration fees and

 

 

HB5496 Enrolled- 192 -LRB102 25260 LNS 34533 b

1    taxes (excluding taxes under the Retailers' Occupation Tax
2    Act) accepted by the applicant as a used vehicle dealer.
3        9. Such other information concerning the business of
4    the applicant as the Secretary of State may by rule or
5    regulation prescribe.
6        10. A statement that the applicant understands Chapter
7    1 through Chapter 5 of this Code.
8        11. A copy of the certification from the prelicensing
9    education program.
10        12. The full name, address, and contact information of
11    each of the dealer's agents or legal representatives who
12    is an Illinois resident and liable for the performance of
13    the dealership.
14    (c) Any change which renders no longer accurate any
15information contained in any application for a used vehicle
16dealer's license shall be amended within 30 days after the
17occurrence of each change on such form as the Secretary of
18State may prescribe by rule or regulation, accompanied by an
19amendatory fee of $2.
20    (d) Anything in this Chapter to the contrary
21notwithstanding, no person shall be licensed as a used vehicle
22dealer unless such person maintains an established place of
23business as defined in this Chapter.
24    (e) The Secretary of State shall, within a reasonable time
25after receipt, examine an application submitted to him under
26this Section. Unless the Secretary makes a determination that

 

 

HB5496 Enrolled- 193 -LRB102 25260 LNS 34533 b

1the application submitted to him does not conform to this
2Section or that grounds exist for a denial of the application
3under Section 5-501 of this Chapter, he must grant the
4applicant an original used vehicle dealer's license in writing
5for his established place of business and a supplemental
6license in writing for each additional place of business in
7such form as he may prescribe by rule or regulation which shall
8include the following:
9        1. The name of the person licensed;
10        2. If a corporation, the name and address of its
11    officers or if a sole proprietorship, a partnership, an
12    unincorporated association or any similar form of business
13    organization, the name and address of the proprietor or of
14    each partner, member, officer, director, trustee, or
15    manager;
16        3. In case of an original license, the established
17    place of business of the licensee;
18        4. In the case of a supplemental license, the
19    established place of business of the licensee and the
20    additional place of business to which such supplemental
21    license pertains;
22        5. The full name, address, and contact information of
23    each of the dealer's agents or legal representatives who
24    is an Illinois resident and liable for the performance of
25    the dealership.
26    (f) The appropriate instrument evidencing the license or a

 

 

HB5496 Enrolled- 194 -LRB102 25260 LNS 34533 b

1certified copy thereof, provided by the Secretary of State
2shall be kept posted, conspicuously, in the established place
3of business of the licensee and in each additional place of
4business, if any, maintained by such licensee.
5    (g) Except as provided in subsection (h) of this Section,
6all used vehicle dealer's licenses granted under this Section
7expire by operation of law on December 31 of the calendar year
8for which they are granted unless sooner revoked or cancelled
9under Section 5-501 of this Chapter.
10    (h) A used vehicle dealer's license may be renewed upon
11application and payment of the fee required herein, and
12submission of proof of coverage by an approved bond under the
13"Retailers' Occupation Tax Act" or proof that applicant is not
14subject to such bonding requirements, as in the case of an
15original license, but in case an application for the renewal
16of an effective license is made during the month of December,
17the effective license shall remain in force until the
18application for renewal is granted or denied by the Secretary
19of State.
20    (i) All persons licensed as a used vehicle dealer are
21required to furnish each purchaser of a motor vehicle:
22        1. A certificate of title properly assigned to the
23    purchaser;
24        2. A statement verified under oath that all
25    identifying numbers on the vehicle agree with those on the
26    certificate of title;

 

 

HB5496 Enrolled- 195 -LRB102 25260 LNS 34533 b

1        3. A bill of sale properly executed on behalf of such
2    person;
3        4. A copy of the Uniform Invoice-transaction reporting
4    return referred to in Section 5-402 of this Chapter;
5        5. In the case of a rebuilt vehicle, a copy of the
6    Disclosure of Rebuilt Vehicle Status; and
7        6. In the case of a vehicle for which the warranty has
8    been reinstated, a copy of the warranty.
9    (j) A real estate broker holding a valid certificate of
10registration issued pursuant to "The Real Estate Brokers and
11Salesmen License Act" may engage in the business of selling or
12dealing in house trailers not his own without being licensed
13as a used vehicle dealer under this Section; however such
14broker shall maintain a record of the transaction including
15the following:
16        (1) the name and address of the buyer and seller,
17        (2) the date of sale,
18        (3) a description of the mobile home, including the
19    vehicle identification number, make, model, and year, and
20        (4) the Illinois certificate of title number.
21    The foregoing records shall be available for inspection by
22any officer of the Secretary of State's Office at any
23reasonable hour.
24    (k) Except at the time of sale or repossession of the
25vehicle, no person licensed as a used vehicle dealer may issue
26any other person a newly created key to a vehicle unless the

 

 

HB5496 Enrolled- 196 -LRB102 25260 LNS 34533 b

1used vehicle dealer makes a color photocopy or electronic scan
2of the driver's license or State identification card of the
3person requesting or obtaining the newly created key. The used
4vehicle dealer must retain the photocopy or scan for 30 days.
5    A used vehicle dealer who violates this subsection (k) is
6guilty of a petty offense. Violation of this subsection (k) is
7not cause to suspend, revoke, cancel, or deny renewal of the
8used vehicle dealer's license.
9    (l) Used vehicle dealers licensed under this Section shall
10provide the Secretary of State a register for the sale at
11auction of each salvage or junk certificate vehicle. Each
12register shall include the following information:
13        1. The year, make, model, style, and color of the
14    vehicle;
15        2. The vehicle's manufacturer's identification number
16    or, if applicable, the Secretary of State or Illinois
17    State Police identification number;
18        3. The date of acquisition of the vehicle;
19        4. The name and address of the person from whom the
20    vehicle was acquired;
21        5. The name and address of the person to whom any
22    vehicle was disposed, the person's Illinois license number
23    or if the person is an out-of-state salvage vehicle buyer,
24    the license number from the state or jurisdiction where
25    the buyer is licensed; and
26        6. The purchase price of the vehicle.

 

 

HB5496 Enrolled- 197 -LRB102 25260 LNS 34533 b

1    The register shall be submitted to the Secretary of State
2via written or electronic means within 10 calendar days from
3the date of the auction.
4    (m) If a licensee under this Section voluntarily
5surrenders a license to the Illinois Secretary of State Police
6or a representative of the Secretary of State Vehicle Services
7Department due to the licensee's inability to adhere to
8recordkeeping provisions, or the inability to properly issue
9certificates of title or registrations under this Code, or the
10Secretary revokes a license under this Section, then the
11licensee and the licensee's agent, designee, or legal
12representative, if applicable, may not be named on a new
13application for a licensee under this Section or under this
14Chapter, nor is the licensee or the licensee's agent,
15designee, or legal representative permitted to work for
16another licensee under this Chapter in a recordkeeping,
17management, or financial position or as an employee who
18handles certificate of title and registration documents and
19applications.
20(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22;
21102-538, eff. 8-20-21; revised 10-15-21.)
 
22    (625 ILCS 5/5-102.8)
23    Sec. 5-102.8. Licensure of Buy Here, Pay Here used vehicle
24dealers.
25    (a) As used in this Section, "Buy Here, Pay Here used

 

 

HB5496 Enrolled- 198 -LRB102 25260 LNS 34533 b

1vehicle dealer" means any entity that engages in the business
2of selling or leasing of vehicles and finances the sale or
3purchase price of the vehicle to a customer without the
4customer using a third-party lender.
5    (b) No person shall engage in the business of selling or
6dealing in, on consignment or otherwise, 5 or more used
7vehicles of any make during the year (except rebuilt salvage
8vehicles sold by their rebuilders to persons licensed under
9this Chapter), or act as an intermediary, agent, or broker for
10any licensed dealer or vehicle purchaser (other than as a
11salesperson) or represent or advertise that he or she is so
12engaged or intends to so engage in such business of a Buy Here,
13Pay Here used vehicle dealer unless licensed to do so by the
14Secretary of State under the provisions of this Section.
15    (c) An application for a Buy Here, Pay Here used vehicle
16dealer's license shall be filed with the Secretary of State,
17duly verified by oath, in such form as the Secretary of State
18may by rule or regulation prescribe and shall contain:
19        (1) The name and type of business organization
20    established and additional places of business, if any, in
21    this State.
22        (2) If the applicant is a corporation, a list of its
23    officers, directors, and shareholders having a 10% or
24    greater ownership interest in the corporation, setting
25    forth the residence address of each; if the applicant is a
26    sole proprietorship, a partnership, an unincorporated

 

 

HB5496 Enrolled- 199 -LRB102 25260 LNS 34533 b

1    association, a trust, or any similar form of business
2    organization, the names and residence address of the
3    proprietor or of each partner, member, officer, director,
4    trustee, or manager.
5        (3) A statement that the applicant has been approved
6    for registration under the Retailers' Occupation Tax Act
7    by the Department of Revenue. However, this requirement
8    does not apply to a dealer who is already licensed
9    hereunder with the Secretary of State, and who is merely
10    applying for a renewal of his or her license. As evidence
11    of this fact, the application shall be accompanied by a
12    certification from the Department of Revenue showing that
13    the Department has approved the applicant for registration
14    under the Retailers' Occupation Tax Act.
15        (4) A statement that the applicant has complied with
16    the appropriate liability insurance requirement. A
17    Certificate of Insurance in a solvent company authorized
18    to do business in the State of Illinois shall be included
19    with each application covering each location at which he
20    or she proposes to act as a Buy Here, Pay Here used vehicle
21    dealer. The policy must provide liability coverage in the
22    minimum amounts of $100,000 for bodily injury to, or death
23    of, any person, $300,000 for bodily injury to, or death
24    of, 2 or more persons in any one crash accident, and
25    $50,000 for damage to property. Such policy shall expire
26    not sooner than December 31 of the year for which the

 

 

HB5496 Enrolled- 200 -LRB102 25260 LNS 34533 b

1    license was issued or renewed. The expiration of the
2    insurance policy shall not terminate the liability under
3    the policy arising during the period for which the policy
4    was filed.
5        If the permitted user has a liability insurance policy
6    that provides automobile liability insurance coverage of
7    at least $100,000 for bodily injury to or the death of any
8    person, $300,000 for bodily injury to or the death of any 2
9    or more persons in any one crash accident, and $50,000 for
10    damage to property, then the permitted user's insurer
11    shall be the primary insurer and the dealer's insurer
12    shall be the secondary insurer. If the permitted user does
13    not have a liability insurance policy that provides
14    automobile liability insurance coverage of at least
15    $100,000 for bodily injury to or the death of any person,
16    $300,000 for bodily injury to or the death of any 2 or more
17    persons in any one crash accident, and $50,000 for damage
18    to property, or does not have any insurance at all, then
19    the dealer's insurer shall be the primary insurer and the
20    permitted user's insurer shall be the secondary insurer.
21        When a permitted user is "test driving" a Buy Here,
22    Pay Here used vehicle dealer's automobile, the Buy Here,
23    Pay Here used vehicle dealer's insurance shall be primary
24    and the permitted user's insurance shall be secondary.
25        As used in this paragraph, "permitted user" means a
26    person who, with the permission of the Buy Here, Pay Here

 

 

HB5496 Enrolled- 201 -LRB102 25260 LNS 34533 b

1    used vehicle dealer or an employee of the Buy Here, Pay
2    Here used vehicle dealer, drives a vehicle owned and held
3    for sale or lease by the Buy Here, Pay Here used vehicle
4    dealer that the person is considering to purchase or
5    lease, in order to evaluate the performance, reliability,
6    or condition of the vehicle. "Permitted user" includes a
7    person who, with the permission of the Buy Here, Pay Here
8    used vehicle dealer, drives a vehicle owned or held for
9    sale or lease by the Buy Here, Pay Here used vehicle dealer
10    for loaner purposes while the user's vehicle is being
11    repaired or evaluated.
12        As used in this paragraph, "test driving" occurs when
13    a permitted user who, with the permission of the Buy Here,
14    Pay Here used vehicle dealer or an employee of the Buy
15    Here, Pay Here used vehicle dealer, drives a vehicle owned
16    and held for sale or lease by a Buy Here, Pay Here used
17    vehicle dealer that the person is considering to purchase
18    or lease, in order to evaluate the performance,
19    reliability, or condition of the vehicle.
20        As used in this paragraph, "loaner purposes" means
21    when a person who, with the permission of the Buy Here, Pay
22    Here used vehicle dealer, drives a vehicle owned or held
23    for sale or lease by the used vehicle dealer while the
24    user's vehicle is being repaired or evaluated.
25        (5) An application for a Buy Here, Pay Here used
26    vehicle dealer's license shall be accompanied by the

 

 

HB5496 Enrolled- 202 -LRB102 25260 LNS 34533 b

1    following license fees:
2            (A) $1,000 for the applicant's established place
3        of business, and $50 for each additional place of
4        business, if any, to which the application pertains;
5        however, if the application is made after June 15 of
6        any year, the license fee shall be $500 for the
7        applicant's established place of business plus $25 for
8        each additional place of business, if any, to which
9        the application pertains. License fees shall be
10        returnable only if the application is denied by the
11        Secretary of State. Of the money received by the
12        Secretary of State as license fees under this
13        subparagraph, 95% shall be deposited into the General
14        Revenue Fund.
15            (B) Except for dealers selling 25 or fewer
16        automobiles or as provided in subsection (h) of
17        Section 5-102.7 of this Code, an Annual Dealer
18        Recovery Fund Fee in the amount of $500 for the
19        applicant's established place of business, and $50 for
20        each additional place of business, if any, to which
21        the application pertains; but if the application is
22        made after June 15 of any year, the fee shall be $250
23        for the applicant's established place of business plus
24        $25 for each additional place of business, if any, to
25        which the application pertains. For a license renewal
26        application, the fee shall be based on the amount of

 

 

HB5496 Enrolled- 203 -LRB102 25260 LNS 34533 b

1        automobiles sold in the past year according to the
2        following formula:
3                (1) $0 for dealers selling 25 or less
4            automobiles;
5                (2) $150 for dealers selling more than 25 but
6            less than 200 automobiles;
7                (3) $300 for dealers selling 200 or more
8            automobiles but less than 300 automobiles; and
9                (4) $500 for dealers selling 300 or more
10            automobiles.
11            Fees shall be returnable only if the application
12        is denied by the Secretary of State. Money received
13        under this subparagraph shall be deposited into the
14        Dealer Recovery Trust Fund. A Buy Here, Pay Here used
15        vehicle dealer shall pay into the Dealer Recovery
16        Trust Fund for every vehicle that is financed, sold,
17        or otherwise transferred to an individual or entity
18        other than the Buy Here, Pay Here used vehicle dealer
19        even if the individual or entity to which the Buy Here,
20        Pay Here used vehicle dealer transfers the vehicle is
21        unable to continue to adhere to the terms of the
22        transaction by the Buy Here, Pay Here used vehicle
23        dealer.
24        (6) A statement that each officer, director,
25    shareholder having a 10% or greater ownership interest
26    therein, proprietor, partner, member, officer, director,

 

 

HB5496 Enrolled- 204 -LRB102 25260 LNS 34533 b

1    trustee, manager, or other principal in the business of
2    the applicant has not committed in the past 3 years any one
3    violation as determined in any civil, criminal, or
4    administrative proceedings of any one of the following:
5            (A) the Anti-Theft Laws of this Code;
6            (B) the Certificate of Title Laws of this Code;
7            (C) the Offenses against Registration and
8        Certificates of Title Laws of this Code;
9            (D) the Dealers, Transporters, Wreckers and
10        Rebuilders Laws of this Code;
11            (E) Section 21-2 of the Illinois Criminal Code of
12        1961 or the Criminal Code of 2012, Criminal Trespass
13        to Vehicles; or
14            (F) the Retailers' Occupation Tax Act.
15        (7) A statement that each officer, director,
16    shareholder having a 10% or greater ownership interest
17    therein, proprietor, partner, member, officer, director,
18    trustee, manager, or other principal in the business of
19    the applicant has not committed in any calendar year 3 or
20    more violations, as determined in any civil, criminal, or
21    administrative proceedings, of any one or more of the
22    following:
23            (A) the Consumer Finance Act;
24            (B) the Consumer Installment Loan Act;
25            (C) the Retail Installment Sales Act;
26            (D) the Motor Vehicle Retail Installment Sales

 

 

HB5496 Enrolled- 205 -LRB102 25260 LNS 34533 b

1        Act;
2            (E) the Interest Act;
3            (F) the Illinois Wage Assignment Act;
4            (G) Part 8 of Article XII of the Code of Civil
5        Procedure; or
6            (H) the Consumer Fraud and Deceptive Business
7        Practices Act.
8        (8) A statement that, within 10 years of application,
9    each officer, director, shareholder having a 10% or
10    greater ownership interest therein, proprietor, partner,
11    member, officer, director, trustee, manager, or other
12    principal in the business of the applicant has not
13    committed, as determined in any civil, criminal, or
14    administrative proceeding, in any calendar year one or
15    more forcible felonies under the Criminal Code of 1961 or
16    the Criminal Code of 2012, or a violation of either or both
17    Article 16 or 17 of the Criminal Code of 1961, or a
18    violation of either or both Article 16 or 17 of the
19    Criminal Code of 2012, Article 29B of the Criminal Code of
20    1961 or the Criminal Code of 2012, or a similar
21    out-of-state offense. For the purposes of this paragraph,
22    "forcible felony" has the meaning provided in Section 2-8
23    of the Criminal Code of 2012.
24        (9) A bond or Certificate of Deposit in the amount of
25    $50,000 for each location at which the applicant intends
26    to act as a Buy Here, Pay Here used vehicle dealer. The

 

 

HB5496 Enrolled- 206 -LRB102 25260 LNS 34533 b

1    bond shall be for the term of the license. The bond shall
2    run to the People of the State of Illinois, with surety by
3    a bonding or insurance company authorized to do business
4    in this State. It shall be conditioned upon the proper
5    transmittal of all title and registration fees and taxes
6    (excluding taxes under the Retailers' Occupation Tax Act)
7    accepted by the applicant as a Buy Here, Pay Here used
8    vehicle dealer.
9        (10) Such other information concerning the business of
10    the applicant as the Secretary of State may by rule
11    prescribe.
12        (11) A statement that the applicant understands
13    Chapter 1 through Chapter 5 of this Code.
14        (12) A copy of the certification from the prelicensing
15    education program.
16        (13) The full name, address, and contact information
17    of each of the dealer's agents or legal representatives
18    who is an Illinois resident and liable for the performance
19    of the dealership.
20    (d) Any change that renders no longer accurate any
21information contained in any application for a Buy Here, Pay
22Here used vehicle dealer's license shall be amended within 30
23days after the occurrence of each change on such form as the
24Secretary of State may prescribe by rule, accompanied by an
25amendatory fee of $2.
26    (e) Anything in this Chapter to the contrary

 

 

HB5496 Enrolled- 207 -LRB102 25260 LNS 34533 b

1notwithstanding, no person shall be licensed as a Buy Here,
2Pay Here used vehicle dealer unless the person maintains an
3established place of business as defined in this Chapter.
4    (f) The Secretary of State shall, within a reasonable time
5after receipt, examine an application submitted under this
6Section. Unless the Secretary makes a determination that the
7application does not conform to this Section or that grounds
8exist for a denial of the application under Section 5-501 of
9this Chapter, the Secretary must grant the applicant an
10original Buy Here, Pay Here used vehicle dealer's license in
11writing for his or her established place of business and a
12supplemental license in writing for each additional place of
13business in such form as the Secretary may prescribe by rule
14that shall include the following:
15        (1) The name of the person licensed.
16        (2) If a corporation, the name and address of its
17    officers or if a sole proprietorship, a partnership, an
18    unincorporated association, or any similar form of
19    business organization, the name and address of the
20    proprietor or of each partner, member, officer, director,
21    trustee, or manager.
22        (3) In the case of an original license, the
23    established place of business of the licensee.
24        (4) In the case of a supplemental license, the
25    established place of business of the licensee and the
26    additional place of business to which the supplemental

 

 

HB5496 Enrolled- 208 -LRB102 25260 LNS 34533 b

1    license pertains.
2        (5) The full name, address, and contact information of
3    each of the dealer's agents or legal representatives who
4    is an Illinois resident and liable for the performance of
5    the dealership.
6    (g) The appropriate instrument evidencing the license or a
7certified copy thereof, provided by the Secretary of State
8shall be kept posted, conspicuously, in the established place
9of business of the licensee and in each additional place of
10business, if any, maintained by the licensee.
11    (h) Except as provided in subsection (i), all Buy Here,
12Pay Here used vehicle dealer's licenses granted under this
13Section expire by operation of law on December 31 of the
14calendar year for which they are granted unless sooner revoked
15or cancelled under Section 5-501 of this Chapter.
16    (i) A Buy Here, Pay Here used vehicle dealer's license may
17be renewed upon application and payment of the fee required
18herein, and submission of proof of coverage by an approved
19bond under the Retailers' Occupation Tax Act or proof that the
20applicant is not subject to such bonding requirements, as in
21the case of an original license, but in the case of an
22application for the renewal of an effective license made
23during the month of December, the effective license shall
24remain in force until the application for renewal is granted
25or denied by the Secretary of State.
26    (j) Each person licensed as a Buy Here, Pay Here used

 

 

HB5496 Enrolled- 209 -LRB102 25260 LNS 34533 b

1vehicle dealer is required to furnish each purchaser of a
2motor vehicle:
3        (1) a certificate of title properly assigned to the
4    purchaser;
5        (2) a statement verified under oath that all
6    identifying numbers on the vehicle agree with those on the
7    certificate of title;
8        (3) a bill of sale properly executed on behalf of the
9    person;
10        (4) a copy of the Uniform Invoice-transaction
11    reporting return referred to in Section 5-402;
12        (5) in the case of a rebuilt vehicle, a copy of the
13    Disclosure of Rebuilt Vehicle Status; and
14        (6) in the case of a vehicle for which the warranty has
15    been reinstated, a copy of the warranty.
16    (k) Except at the time of sale or repossession of the
17vehicle, no person licensed as a Buy Here, Pay Here used
18vehicle dealer may issue any other person a newly created key
19to a vehicle unless the Buy Here, Pay Here used vehicle dealer
20makes a color photocopy or electronic scan of the driver's
21license or State identification card of the person requesting
22or obtaining the newly created key. The Buy Here, Pay Here used
23vehicle dealer must retain the photocopy or scan for 30 days.
24    A Buy Here, Pay Here used vehicle dealer who violates this
25subsection (k) is guilty of a petty offense. Violation of this
26subsection (k) is not cause to suspend, revoke, cancel, or

 

 

HB5496 Enrolled- 210 -LRB102 25260 LNS 34533 b

1deny renewal of the used vehicle dealer's license.
2    (l) A Buy Here, Pay Here used vehicle dealer licensed
3under this Section shall provide the Secretary of State a
4register for the sale at auction of each salvage or junk
5certificate vehicle. Each register shall include the following
6information:
7        (1) the year, make, model, style, and color of the
8    vehicle;
9        (2) the vehicle's manufacturer's identification number
10    or, if applicable, the Secretary of State or Illinois
11    Department of State Police identification number;
12        (3) the date of acquisition of the vehicle;
13        (4) the name and address of the person from whom the
14    vehicle was acquired;
15        (5) the name and address of the person to whom any
16    vehicle was disposed, the person's Illinois license number
17    or, if the person is an out-of-state salvage vehicle
18    buyer, the license number from the state or jurisdiction
19    where the buyer is licensed; and
20        (6) the purchase price of the vehicle.
21    The register shall be submitted to the Secretary of State
22via written or electronic means within 10 calendar days from
23the date of the auction.
24    (m) If a licensee under this Section voluntarily
25surrenders a license to the Illinois Secretary of State Police
26or a representative of the Secretary of State Vehicle Services

 

 

HB5496 Enrolled- 211 -LRB102 25260 LNS 34533 b

1Department due to the licensee's inability to adhere to
2recordkeeping provisions, or the inability to properly issue
3certificates of title or registrations under this Code, or the
4Secretary revokes a license under this Section, then the
5licensee and the licensee's agent, designee, or legal
6representative, if applicable, may not be named on a new
7application for a licensee under this Section or under this
8Chapter, nor is the licensee or the licensee's agent,
9designee, or legal representative permitted to work for
10another licensee under this Chapter in a recordkeeping,
11<