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1 | | AN ACT concerning transportation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 3. Intent. The intent of this Act is to clarify |
5 | | that not all crashes are accidental. Crash encompasses all |
6 | | types of motor vehicle impacts and collisions, including, but |
7 | | not limited to, an impact or collision caused by negligence, |
8 | | willful and wanton conduct, or an intentional act. This Act is |
9 | | not intended to alter the legal rights and obligations under |
10 | | current law of insurers, applicants, and policy holders. |
11 | | Section 5. The Freedom of Information Act is amended by |
12 | | changing Section 7 as follows: |
13 | | (5 ILCS 140/7) (from Ch. 116, par. 207) |
14 | | Sec. 7. Exemptions.
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15 | | (1) When a request is made to inspect or copy a public |
16 | | record that contains information that is exempt from |
17 | | disclosure under this Section, but also contains information |
18 | | that is not exempt from disclosure, the public body may elect |
19 | | to redact the information that is exempt. The public body |
20 | | shall make the remaining information available for inspection |
21 | | and copying. Subject to this requirement, the following shall |
22 | | be exempt from inspection and copying:
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1 | | (a) Information specifically prohibited from |
2 | | disclosure by federal or
State law or rules and |
3 | | regulations implementing federal or State law.
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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
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24 | | privacy.
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25 | | (d) Records in the possession of any public body |
26 | | created in the course of administrative enforcement
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1 | | proceedings, and any law enforcement or correctional |
2 | | agency for
law enforcement purposes,
but only to the |
3 | | extent that disclosure would:
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4 | | (i) interfere with pending or actually and |
5 | | reasonably contemplated
law enforcement proceedings |
6 | | conducted by any law enforcement or correctional
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7 | | agency that is the recipient of the request;
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8 | | (ii) interfere with active administrative |
9 | | enforcement proceedings
conducted by the public body |
10 | | that is the recipient of the request;
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11 | | (iii) create a substantial likelihood that a |
12 | | person will be deprived of a fair trial or an impartial |
13 | | hearing;
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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;
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26 | | (v) disclose unique or specialized investigative |
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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;
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8 | | (vi) endanger the life or physical safety of law |
9 | | enforcement personnel
or any other person; or
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10 | | (vii) obstruct an ongoing criminal investigation |
11 | | by the agency that is the recipient of the request.
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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. |
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1 | | (e) Records that relate to or affect the security of |
2 | | correctional
institutions and detention facilities.
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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. |
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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 |
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1 | | that pertain to the preparation of legislative
documents.
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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 |
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1 | | construed to prevent a person or business from
consenting |
2 | | to disclosure.
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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.
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11 | | (i) Valuable formulae,
computer geographic systems,
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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
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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.
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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;
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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.
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23 | | (l) Minutes of meetings of public bodies closed to the
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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.
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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
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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.
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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.
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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
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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
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22 | | materials exempt under this Section.
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23 | | (p) Records relating to collective negotiating matters
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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.
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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.
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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
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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.
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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.
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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.
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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
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1 | | institutions, insurance companies, or pharmacy benefit |
2 | | managers, unless disclosure is otherwise
required by State |
3 | | law.
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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.
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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
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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
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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.
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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 |
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1 | | owned by a utility, by a power generator, or by the |
2 | | Illinois Power Agency.
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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.
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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.
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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 |
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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 |
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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 |
19 | | Judicial Privacy Act shall be redacted from public records |
20 | | prior to disclosure under this Act. |
21 | | (2) A public record that is not in the possession of a |
22 | | public body but is in the possession of a party with whom the |
23 | | agency has contracted to perform a governmental function on |
24 | | behalf of the public body, and that directly relates to the |
25 | | governmental function and is not otherwise exempt under this |
26 | | Act, shall be considered a public record of the public body, |
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1 | | for purposes of this Act. |
2 | | (3) This Section does not authorize withholding of |
3 | | information or limit the
availability of records to the |
4 | | public, except as stated in this Section or
otherwise provided |
5 | | in this Act.
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6 | | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; |
7 | | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. |
8 | | 6-25-21; 102-558, eff. 8-20-21; revised 11-22-21.) |
9 | | Section 10. The State Employee Indemnification Act is |
10 | | amended by changing Section 2 as follows:
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11 | | (5 ILCS 350/2) (from Ch. 127, par. 1302)
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12 | | Sec. 2. Representation and indemnification of State |
13 | | employees.
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14 | | (a) In the event that any civil proceeding is commenced |
15 | | against any
State employee arising out of any act
or omission |
16 | | occurring within the scope of the employee's State employment,
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17 | | the Attorney General shall, upon timely and appropriate notice |
18 | | to him by
such employee, appear on behalf of such employee and |
19 | | defend
the action. In the event that any civil proceeding
is |
20 | | commenced against any physician who is an employee of the |
21 | | Department
of Corrections or the Department of Human Services |
22 | | (in a position relating to
the Department's mental health and |
23 | | developmental disabilities functions)
alleging death or bodily |
24 | | injury or other injury to the person
of the complainant |
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1 | | resulting from and arising out of any act or omission
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2 | | occurring on or after December 3, 1977 within the scope of the |
3 | | employee's
State employment, or against any physician who is |
4 | | an employee of the
Department of Veterans' Affairs alleging |
5 | | death or bodily injury or other
injury to the person of the |
6 | | complainant resulting from and arising out of
any act or |
7 | | omission occurring on or after the effective date of this
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8 | | amendatory Act of 1988 within the scope of the employee's |
9 | | State
employment, or in the event that any civil proceeding is |
10 | | commenced
against any attorney who is an employee of the State |
11 | | Appellate Defender
alleging legal malpractice or for other |
12 | | damages resulting from and arising
out of any legal act or |
13 | | omission occurring on or after December 3, 1977,
within the |
14 | | scope of the employee's State employment,
or in the event that |
15 | | any civil proceeding is commenced against any
individual or |
16 | | organization who contracts with the Department of Labor to
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17 | | provide services as a carnival and amusement ride safety |
18 | | inspector alleging
malpractice, death or bodily injury or |
19 | | other injury to the person arising
out of any act or omission |
20 | | occurring on or after May 1, 1985, within the
scope of that |
21 | | employee's State employment, the Attorney General shall, upon
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22 | | timely and appropriate notice to him by such employee, appear |
23 | | on behalf of
such employee and defend the action. Any such |
24 | | notice shall be in
writing, shall be mailed within 15 days |
25 | | after the date of receipt by the
employee of service of |
26 | | process, and shall authorize the Attorney General
to represent |
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1 | | and defend the employee in the proceeding. The giving of
this |
2 | | notice to the Attorney General shall constitute an agreement |
3 | | by the
State employee to cooperate with the Attorney General |
4 | | in his defense of
the action and a consent that the Attorney |
5 | | General shall conduct the
defense as he deems advisable and in |
6 | | the best interests of the employee,
including settlement in |
7 | | the Attorney General's discretion. In any such
proceeding, the |
8 | | State shall pay the court costs and litigation expenses
of |
9 | | defending such action, to the extent approved by the Attorney |
10 | | General
as reasonable, as they are incurred.
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11 | | (b) In the event that the Attorney General determines that |
12 | | so
appearing and defending an employee either (1) involves an |
13 | | actual or
potential conflict of interest, or (2) that the act |
14 | | or omission which
gave rise to the claim was not within the |
15 | | scope of the employee's State
employment or was intentional, |
16 | | wilful or wanton misconduct, the Attorney
General shall |
17 | | decline in writing to appear or defend or shall promptly
take |
18 | | appropriate action to withdraw as attorney for such employee. |
19 | | Upon
receipt of such declination or upon such withdrawal by |
20 | | the Attorney
General on the basis of an actual or potential |
21 | | conflict of interest, the
State employee may employ his own |
22 | | attorney to appear and defend, in
which event the State shall |
23 | | pay the employee's court costs, litigation
expenses and |
24 | | attorneys' fees to the extent approved by the Attorney
General |
25 | | as reasonable, as they are incurred. In the event that the
|
26 | | Attorney General declines to appear or withdraws on the |
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1 | | grounds that the
act or omission was not within the scope of |
2 | | employment, or was
intentional, wilful or wanton misconduct, |
3 | | and a court or jury finds that
the act or omission of the State |
4 | | employee was within the scope of
employment and was not |
5 | | intentional, wilful or wanton misconduct, the
State shall |
6 | | indemnify the State employee for any damages awarded and
court |
7 | | costs and attorneys' fees assessed as part of any final and
|
8 | | unreversed judgment. In such event the State shall also pay |
9 | | the
employee's court costs, litigation expenses and attorneys' |
10 | | fees to the
extent approved by the Attorney General as |
11 | | reasonable.
|
12 | | In the event that the defendant in the proceeding is an |
13 | | elected State
official, including members of the General |
14 | | Assembly, the elected State
official may retain his or her |
15 | | attorney, provided that said attorney
shall be reasonably |
16 | | acceptable to the Attorney General. In such case
the State |
17 | | shall pay the elected State official's court costs, litigation
|
18 | | expenses, and attorneys' fees, to the extent approved by the |
19 | | Attorney
General as reasonable, as they are incurred.
|
20 | | (b-5) The Attorney General may file a counterclaim on |
21 | | behalf 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 |
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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,
|
11 | | representation and indemnification of a judge under this Act |
12 | | shall also be
provided in any case where the plaintiff seeks |
13 | | damages or any equitable
relief as a result of any decision, |
14 | | ruling or order of a judge made in the
course of his or her |
15 | | judicial or administrative duties, without regard to
the |
16 | | theory of recovery employed by the plaintiff. Indemnification |
17 | | shall be
for all damages awarded and all court costs, attorney |
18 | | fees and litigation
expenses assessed against the judge. When |
19 | | a judge has been convicted of a
crime as a result of his or her |
20 | | intentional judicial misconduct in a trial,
that judge shall |
21 | | not be entitled to indemnification and representation
under |
22 | | this subsection in any case maintained by a party who seeks |
23 | | damages
or other equitable relief as a direct result of
the |
24 | | judge's intentional judicial misconduct.
|
25 | | (d) In any such proceeding where notice in accordance with |
26 | | this Section
has been given to the Attorney
General, unless |
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1 | | the court or jury finds that the
conduct or inaction which gave |
2 | | rise to the claim or cause of action was
intentional, wilful or |
3 | | wanton misconduct and was not intended to serve
or benefit |
4 | | interests of the State, the State shall indemnify the State
|
5 | | employee for any damages awarded and court costs and |
6 | | attorneys' fees
assessed as part of any final and unreversed |
7 | | judgment, or shall pay such
judgment. Unless the
Attorney |
8 | | General determines that the conduct or inaction which gave |
9 | | rise
to the claim or cause of action was intentional, wilful or |
10 | | wanton
misconduct and was not intended to serve or benefit |
11 | | interests of the
State, the case may be settled, in the |
12 | | Attorney General's discretion and
with the employee's consent,
|
13 | | and the State shall indemnify the employee for any damages, |
14 | | court costs
and attorneys' fees agreed to as part of the |
15 | | settlement, or shall pay
such settlement. Where the
employee |
16 | | is represented by private counsel, any settlement must be so
|
17 | | approved by the Attorney General and the court having |
18 | | jurisdiction,
which shall obligate the State to indemnify the |
19 | | employee.
|
20 | | (e) (i) Court costs and litigation expenses and other |
21 | | costs of providing a
defense or counterclaim, including |
22 | | attorneys' fees obligated under this
Section, shall be paid |
23 | | from the State Treasury on the warrant of the
Comptroller out |
24 | | of appropriations made to the Department of Central Management
|
25 | | Services specifically designed for the payment of costs, fees |
26 | | and expenses
covered by this Section.
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1 | | (ii) Upon entry of a final judgment against the employee, |
2 | | or upon the
settlement of the claim, the employee shall cause |
3 | | to be served a copy of
such judgment or settlement, personally |
4 | | or by certified or registered mail
within thirty days of the |
5 | | date of entry or settlement, upon the chief
administrative |
6 | | officer of the department, office or agency in which he is
|
7 | | employed. If not inconsistent with the provisions of this |
8 | | Section, such
judgment or settlement shall be certified for |
9 | | payment by such chief
administrative officer and by the |
10 | | Attorney General. The judgment or
settlement shall be paid |
11 | | from the State Treasury on the warrant of the
Comptroller out |
12 | | of appropriations made to the Department of Central
Management |
13 | | Services specifically designed for the payment of claims |
14 | | covered
by this Section.
|
15 | | (f) Nothing contained or implied in this Section shall
|
16 | | operate, or be construed or applied, to deprive the State, or |
17 | | any employee
thereof, of any defense heretofore available.
|
18 | | (g) This Section shall apply regardless of whether the
|
19 | | employee is sued in his or her individual or official |
20 | | capacity.
|
21 | | (h) This Section shall not apply to claims for bodily |
22 | | injury or
damage to property arising from motor vehicle |
23 | | crashes accidents .
|
24 | | (i) This Section shall apply to all proceedings filed on |
25 | | or
after its effective date, and to any proceeding pending on |
26 | | its effective
date, if the State employee gives notice to the |
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1 | | Attorney General as
provided in this Section within 30 days of |
2 | | the Act's effective date.
|
3 | | (j) The amendatory changes made to this Section by this |
4 | | amendatory Act of
1986 shall apply to all proceedings filed on |
5 | | or after the effective date of
this amendatory Act of 1986 and |
6 | | to any proceeding pending on its effective
date, if the State |
7 | | employee gives notice to the Attorney General as provided
in |
8 | | this Section within 30 days of the effective date of this |
9 | | amendatory Act
of 1986.
|
10 | | (k) This Act applies to all State officials who are |
11 | | serving as trustees,
or their appointing authorities, of
a |
12 | | clean energy community trust or as members of a not-for-profit |
13 | | foundation or
corporation established pursuant to Section
|
14 | | 16-111.1 of the Public Utilities Act.
|
15 | | (l) The State shall not provide representation for, nor |
16 | | shall it indemnify, any State employee in (i) any criminal |
17 | | proceeding in which the employee is a defendant or (ii) any |
18 | | criminal investigation in which the employee is the target. |
19 | | Nothing in this Act shall be construed to prohibit the State |
20 | | from providing representation to a State employee who is a |
21 | | witness in a criminal matter arising out of that employee's |
22 | | State employment. |
23 | | (Source: P.A. 99-461, eff. 1-1-17 .)
|
24 | | Section 15. The Illinois Identification Card Act is |
25 | | amended by changing Section 11A as follows: |
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1 | | (15 ILCS 335/11A) |
2 | | Sec. 11A. Emergency contact database. |
3 | | (a) The Secretary of State shall establish a database of |
4 | | the emergency contacts of persons who hold identification |
5 | | cards. Information in the database shall be accessible only to |
6 | | employees of the Office of the Secretary and law enforcement |
7 | | officers employed by a law enforcement agency. Law enforcement |
8 | | officers may share information contained in the emergency |
9 | | contact database, including disabilities and special needs |
10 | | information, with other public safety workers on scene, as |
11 | | needed to conduct official law enforcement duties. |
12 | | (b) Any person holding an identification card shall be |
13 | | afforded the opportunity to provide the Secretary of State, in |
14 | | a manner and form designated by the Secretary of State, the |
15 | | name, address, telephone number, and relationship to the |
16 | | holder of no more than 2 emergency contact persons whom the |
17 | | holder wishes to be contacted by a law enforcement officer if |
18 | | the holder is involved in a motor vehicle crash accident or |
19 | | other emergency situation and the holder is unable to |
20 | | communicate with the contact person or persons and may |
21 | | designate whether the holder has a disability or is a special |
22 | | needs individual. A contact person need not be the holder's |
23 | | next of kin. |
24 | | (c) The Secretary shall adopt rules to implement this |
25 | | Section. At a minimum, the rules shall address all of the |
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1 | | following: |
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 |
12 | | or other emergency situation is unable to communicate with the |
13 | | contact person or persons specified in the database, a law |
14 | | enforcement officer shall make a good faith effort to notify |
15 | | the contact person or persons of the situation. Neither the |
16 | | law enforcement officer nor the law enforcement agency that |
17 | | employs that law enforcement officer incurs any liability, |
18 | | however, if the law enforcement officer is not able to make |
19 | | contact with the contact person. Except for willful or wanton |
20 | | misconduct, neither the law enforcement officer, nor the law |
21 | | enforcement agency that employs the law enforcement officer, |
22 | | shall incur any liability relating to the reporting or use of |
23 | | the database during a motor vehicle crash accident or other |
24 | | emergency situation. |
25 | | (e) The Secretary of State shall make a good faith effort |
26 | | to maintain accurate data as provided by the identification |
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1 | | card holder and to provide that information to law enforcement |
2 | | as provided in subsection (a). The Secretary of State is not |
3 | | liable for any damages, costs, or expenses, including, without |
4 | | limitation, consequential damages, arising or resulting from |
5 | | any inaccurate or incomplete data or system unavailability. |
6 | | Except for willful or wanton misconduct, the Secretary of |
7 | | State shall not incur any liability relating to the reporting |
8 | | of disabilities or special needs individuals. |
9 | | (f) As used in this Section: |
10 | | "Disability" means an individual's physical or mental |
11 | | impairment that substantially limits one or more of the major |
12 | | life activities; a record of such impairment; or when the |
13 | | individual is regarded as having such impairment. |
14 | | "Public safety worker" means a person employed by this |
15 | | State or a political subdivision thereof that provides |
16 | | firefighting, law enforcement, medical, or other emergency |
17 | | services. |
18 | | "Special needs individuals" means those individuals who |
19 | | have or are at increased risk for a chronic physical, |
20 | | developmental, behavioral, or emotional condition and who also |
21 | | require health and related services of a type or amount beyond |
22 | | that 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
|
25 | | Civil Administrative Code of Illinois is amended by changing |
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1 | | Sections 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 |
4 | | accidents . The Department
has the power to develop, |
5 | | consolidate, and coordinate effective
programs
and activities |
6 | | for the advancement of driver education, for the
facilitation |
7 | | of the movement of motor vehicle traffic, and for the
|
8 | | protection and conservation of life and property on the |
9 | | streets and
highways of this State and to advise, recommend, |
10 | | and consult with the
several departments, divisions, boards, |
11 | | commissions, and other agencies
of this State in regard to |
12 | | those programs and activities. The
Department has the power to |
13 | | aid and
assist the counties, cities, towns, and other |
14 | | political subdivisions of
this State in the control of traffic |
15 | | and the prevention of traffic crashes
accidents . That aid and |
16 | | assistance to counties, cities, towns,
and other
political |
17 | | subdivisions of this State shall include assistance with |
18 | | regard
to planning, traffic flow, light synchronizing, |
19 | | preferential lanes for
carpools,
and carpool parking |
20 | | allocations.
|
21 | | To further the prevention of crashes accidents , the |
22 | | Department shall conduct a traffic study following the |
23 | | occurrence of any crash accident involving a pedestrian |
24 | | fatality that occurs at an intersection of a State highway. |
25 | | The study shall include, but not be limited to, consideration |
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1 | | of alternative geometric design improvements, traffic control |
2 | | devices, and any other improvements that the Department deems |
3 | | necessary. The Department shall make the results of the study |
4 | | available 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 |
9 | | dedicated fund available to states for safe routes to schools, |
10 | | the Department, in cooperation with the State Board of |
11 | | Education and the Illinois State Police, shall establish and |
12 | | administer a Safe Routes to School Construction Program for |
13 | | the construction of bicycle and pedestrian safety and |
14 | | traffic-calming projects using the federal Safe Routes to |
15 | | Schools Program funds. |
16 | | (b) The Department shall make construction grants
|
17 | | available to local governmental agencies under the Safe Routes |
18 | | to School
Construction Program based on the results of a |
19 | | statewide competition
that requires submission of Safe Routes |
20 | | to School proposals for funding
and that rates those proposals |
21 | | on 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 |
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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 |
12 | | Program funds, prior to
the award of a construction grant or |
13 | | the use of those funds for a Safe Routes
to
School
project |
14 | | encompassing a highway, the Department shall
consult with and |
15 | | obtain approval from the Illinois State Police
and the highway |
16 | | authority with jurisdiction to ensure that the Safe Routes to |
17 | | School proposal is consistent with a
statewide pedestrian |
18 | | safety statistical analysis.
|
19 | | (c) On March 30, 2006 and each March 30th thereafter, the |
20 | | Department shall submit a report to the General Assembly |
21 | | listing
and describing the projects funded under the Safe |
22 | | Routes to School
Construction Program.
|
23 | | (d) The Department shall study the effectiveness of
the |
24 | | Safe Routes to School Construction Program, with particular |
25 | | emphasis on the
Program's effectiveness in reducing traffic |
26 | | crashes accidents and its contribution
to improving safety and |
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1 | | reducing the number of child injuries and
fatalities in the |
2 | | vicinity of a Safe Routes to School project. The Department |
3 | | shall
submit a report to the General Assembly on or before |
4 | | December 31, 2006
regarding the results of the study.
|
5 | | (e) The Department, the State Board of Education,
and the |
6 | | Illinois State Police may adopt any rules necessary to
|
7 | | implement this Section.
|
8 | | (Source: P.A. 102-538, eff. 8-20-21.) |
9 | | Section 25. The Peace Officer Fire Investigation Act is |
10 | | amended 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 |
14 | | paid fire department of a political subdivision of this State
|
15 | | and is authorized to investigate fires or explosions for such |
16 | | political
subdivision and
to determine the cause, origin and |
17 | | circumstances of fires or explosions
that are suspected to be |
18 | | arson or arson-related crimes, may be classified
as a peace |
19 | | officer by the political subdivision or agency employing such
|
20 | | person. A person so classified shall possess the same powers |
21 | | of arrest,
search and seizure and the securing and service of |
22 | | warrants as sheriffs
of counties, and police officers within |
23 | | the jurisdiction of their political
subdivision. While in the |
24 | | actual investigation and matters incident thereto,
such person |
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1 | | may carry weapons as may be necessary, but only if that person |
2 | | has
satisfactorily completed (1) a training program offered or |
3 | | approved by the
Illinois Law Enforcement Training Standards |
4 | | Board which substantially conforms
to standards promulgated |
5 | | pursuant to the Illinois Police Training Act and the Peace |
6 | | Officer and Probation Officer Firearm Training Act; and (2) a |
7 | | course in fire and arson investigation approved by the
Office |
8 | | of the State Fire Marshal pursuant to the Illinois Fire |
9 | | Protection
Training Act. Such training need not include |
10 | | exposure to vehicle and traffic
law, traffic control and crash |
11 | | accident investigation, or first aid, but shall
include |
12 | | training in the law relating to the rights of persons |
13 | | suspected of
involvement in criminal activities.
|
14 | | Any person granted the powers enumerated in this |
15 | | subsection (a) may exercise such
powers only during the actual |
16 | | investigation of the cause, origin and
circumstances of such |
17 | | fires or explosions that are suspected to be arson or
|
18 | | arson-related crimes.
|
19 | | (b) Persons employed by the Office of the State Fire |
20 | | Marshal to conduct arson investigations shall be designated |
21 | | State Fire Marshal Arson Investigator Special Agents and shall |
22 | | be peace officers with all of the powers of peace officers in |
23 | | cities and sheriffs in counties, except that they may exercise |
24 | | those powers throughout the State. These Special Agents may |
25 | | exercise these powers only when engaging in official duties |
26 | | during the actual investigation of the cause, origin, and
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1 | | circumstances of such fires or explosions that are suspected |
2 | | to be arson or
arson-related crimes and may carry weapons at |
3 | | all times, but only if they have satisfactorily completed (1) |
4 | | a training course approved by the Illinois Law Enforcement |
5 | | Training Standards Board that substantially conforms to the |
6 | | standards promulgated pursuant to the Peace Officer and |
7 | | Probation Officer Firearm Training Act and (2) a course in |
8 | | fire and arson investigation approved by the
Office of the |
9 | | State Fire Marshal pursuant to the Illinois Fire Protection
|
10 | | Training Act. Such training need not include exposure to |
11 | | vehicle and traffic
law, traffic control and crash accident |
12 | | investigation, or first aid, but shall
include training in the |
13 | | law relating to the rights of persons suspected of
involvement |
14 | | in criminal activities. |
15 | | For purposes of this subsection (b), a "State Fire Marshal |
16 | | Arson Investigator Special Agent" does not include any fire |
17 | | investigator, fireman, police officer, or other employee of |
18 | | the federal government; any fire investigator, fireman, police |
19 | | officer, or other employee of any unit of local government; or |
20 | | any fire investigator, fireman, police officer, or other |
21 | | employee of the State of Illinois other than an employee of the |
22 | | Office of the State Fire Marshal assigned to investigate |
23 | | arson.
|
24 | | The State Fire Marshal must authorize to each employee of |
25 | | the Office
of the State Fire Marshal who is exercising the |
26 | | powers of a peace officer a
distinct badge that, on its face, |
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1 | | (i) clearly states that the badge is
authorized by the Office |
2 | | of the State Fire Marshal and (ii) contains a unique
|
3 | | identifying number. No other badge shall be authorized by the |
4 | | Office of the
State Fire Marshal, except that a badge, |
5 | | different from the badge issued to
peace officers, may be |
6 | | authorized by the Office of the State Fire Marshal for
the use |
7 | | of fire prevention inspectors employed by that Office.
Nothing |
8 | | in this subsection prohibits the State Fire Marshal from |
9 | | issuing
shields or other distinctive identification to |
10 | | employees not exercising the
powers of a peace officer if the |
11 | | State Fire Marshal determines that a shield or
distinctive |
12 | | identification is needed by the employee to carry out his or |
13 | | her
responsibilities.
|
14 | | (c) The Office of the State Fire Marshal shall establish a |
15 | | policy to allow a State Fire Marshal Arson Investigator |
16 | | Special Agent who is honorably retiring or separating in good |
17 | | standing to purchase either one or both of the following: (i) |
18 | | any badge previously issued to that State Fire Marshal Arson |
19 | | Investigator Special Agent; or (ii) if the State Fire Marshal |
20 | | Arson Investigator Special Agent has a currently valid Firearm |
21 | | Owner's Identification Card, the service firearm issued or |
22 | | previously issued to the State Fire Marshal Arson Investigator |
23 | | Special Agent by the Office of the State Fire Marshal. The cost |
24 | | of the firearm purchased shall be the replacement value of the |
25 | | firearm and not the firearm's fair market value. All funds |
26 | | received by the agency under this program shall be deposited |
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1 | | into the Fire Prevention Fund. |
2 | | (Source: P.A. 100-931, eff. 8-17-18.)
|
3 | | Section 29. The Illinois Pension Code is amended by |
4 | | changing 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 |
7 | | employee of a pension
fund, alleging a civil wrong arising out |
8 | | of any act or omission occurring
within the scope of the |
9 | | employee's pension fund employment, unless the court
or the |
10 | | jury finds that the conduct which gave rise to the claim was |
11 | | intentional,
wilful or wanton misconduct, the pension fund |
12 | | shall indemnify the employee
for any damages awarded and court |
13 | | costs and attorneys' fees assessed as
part of any final and |
14 | | unreversed judgment and any attorneys' fees, court
costs and |
15 | | litigation expenses incurred by the employee in defending the
|
16 | | claim. In any such proceeding if a majority of the board or |
17 | | trustees who
are not a party to the action determine that the |
18 | | conduct which gave rise
to the claim was not intentional, |
19 | | wilful or wanton misconduct, the board
or trustees may agree |
20 | | to settlement of the proceeding and the pension fund
shall |
21 | | indemnify the employee for any damages, court costs and |
22 | | attorneys'
fees agreed to as part of the settlement and any |
23 | | attorneys' fees, court
costs and litigation expenses incurred |
24 | | in defending the claim.
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1 | | (b) No employee of a pension fund shall be entitled to |
2 | | indemnification
under this Section unless within 15 days after |
3 | | receipt by the employee of
service of process, he shall give |
4 | | written notice of such proceeding to the pension fund.
|
5 | | (c) Each pension fund may insure against loss or liability |
6 | | of employees
which may arise as a result of these claims. This |
7 | | insurance shall be carried
by a company authorized to provide |
8 | | such coverage in this State.
|
9 | | (d) Nothing contained or implied in this Section shall |
10 | | operate, or be
construed or applied, to deprive the State or a |
11 | | pension fund, or any other
employee thereof, of any immunity |
12 | | or any defense heretofore available.
|
13 | | (e) This Section shall apply regardless of whether the |
14 | | employee is sued
in his or her individual or official |
15 | | capacity.
|
16 | | (f) This Section shall not apply to claims for bodily |
17 | | injury or damage
to property arising from motor vehicle |
18 | | crashes accidents .
|
19 | | (g) This Section shall apply to all proceedings filed on |
20 | | or after its
effective date, and to any proceeding pending on |
21 | | its effective date, if
the pension fund employee gives notice |
22 | | to 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 |
25 | | changing 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 |
4 | | adopt rules and
minimum standards for such schools which shall |
5 | | include, 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 |
18 | | 101-652 shall take effect January 1, 2022. |
19 | | (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; |
20 | | 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. |
21 | | 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section |
22 | | 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff. |
23 | | 1-1-22; 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; revised |
24 | | 10-5-21.) |
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 |
2 | | adopt rules and
minimum standards for such schools which shall |
3 | | include, 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 |
20 | | 101-652 shall take effect January 1, 2022. |
21 | | (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; |
22 | | 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. |
23 | | 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section |
24 | | 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff. |
25 | | 1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558, |
26 | | eff. 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 |
2 | | changing 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 |
6 | | while the individual's freedom to leave is restricted by a law |
7 | | enforcement officer while the officer is on duty, or otherwise |
8 | | acting within the scope of his or her employment, including |
9 | | any death resulting from a motor vehicle crash accident , if |
10 | | the law enforcement officer was engaged in direct action |
11 | | against the individual or the individual's vehicle during the |
12 | | process of apprehension. "Arrest-related death" does not |
13 | | include the death of law enforcement personnel.
|
14 | | "Domestic crime" means any crime attempted or committed |
15 | | between a victim and offender who have a domestic |
16 | | relationship, both current and past. |
17 | | "Hate crime" has the same meaning as defined under Section |
18 | | 12-7.1 of the Criminal Code of 2012. |
19 | | "Law enforcement agency" means an agency of this State or |
20 | | unit of local government which is vested by law or ordinance |
21 | | with the duty to maintain public order and to enforce criminal |
22 | | law or ordinances. |
23 | | "Law enforcement officer" or "officer" means any officer, |
24 | | agent, or employee of this State or a unit of local government |
|
| | HB5496 Enrolled | - 51 - | LRB102 25260 LNS 34533 b |
|
|
1 | | authorized by law or by a government agency to engage in or |
2 | | supervise the prevention, detection, or investigation of any |
3 | | violation of criminal law, or authorized by law to supervise |
4 | | accused persons or sentenced criminal offenders.
|
5 | | (Source: P.A. 102-538, eff. 8-20-21.) |
6 | | Section 40. The Police and Community Relations Improvement |
7 | | Act 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 |
11 | | unit of local government which is vested by law or ordinance |
12 | | with the duty to maintain public order and to enforce criminal |
13 | | laws or ordinances. |
14 | | "Law enforcement officer" or "officer" means any person |
15 | | employed by a State, county, or municipality as a policeman, |
16 | | peace officer, or in some like position involving the |
17 | | enforcement of the law and protection of public interest at |
18 | | the risk of the person's life. |
19 | | "Officer-involved death" means any death of an individual |
20 | | that results directly from an action or directly from an |
21 | | intentional omission, including unreasonable delay involving a |
22 | | person in custody or intentional failure to seek medical |
23 | | attention when the need for treatment is apparent, of a law |
24 | | enforcement officer while the officer is on duty, or otherwise |
|
| | HB5496 Enrolled | - 52 - | LRB102 25260 LNS 34533 b |
|
|
1 | | acting within the scope of his or her employment, or while the |
2 | | officer is off duty, but performing activities that are within |
3 | | the scope of his or her law enforcement duties. |
4 | | "Officer-involved death" includes any death resulting from a |
5 | | motor vehicle crash accident , if the law enforcement officer |
6 | | was engaged in law enforcement activity involving the |
7 | | individual or the individual's vehicle in the process of |
8 | | apprehension 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; |
12 | | requirements.
|
13 | | (a) Each law enforcement agency shall have a written |
14 | | policy regarding the investigation of officer-involved deaths |
15 | | that involve a law enforcement officer employed by that law |
16 | | enforcement agency. |
17 | | (b) Each officer-involved death investigation shall be |
18 | | conducted by at least 2 investigators, or an entity or agency |
19 | | comprised of at least 2 investigators, one of whom is the lead |
20 | | investigator. The lead investigator shall be a person |
21 | | certified by the Illinois Law Enforcement Training Standards |
22 | | Board as a Lead Homicide Investigator, or similar training |
23 | | approved by the Illinois Law Enforcement Training Standards |
24 | | Board or the Illinois State Police, or similar training |
25 | | provided at an Illinois Law Enforcement Training Standards |
|
| | HB5496 Enrolled | - 53 - | LRB102 25260 LNS 34533 b |
|
|
1 | | Board certified school. No
investigator involved in the |
2 | | investigation may be employed by the law enforcement agency |
3 | | that employs the officer involved in the officer-involved |
4 | | death, unless the investigator is employed by the Illinois |
5 | | State Police and is not assigned to the same division or unit |
6 | | as the officer involved in the death. |
7 | | (c) In addition to the requirements of subsection (b) of |
8 | | this Section, if the officer-involved death being investigated |
9 | | involves a motor vehicle crash accident , at least one |
10 | | investigator shall be certified by the Illinois Law |
11 | | Enforcement Training Standards Board as a Crash Reconstruction |
12 | | Specialist, or similar training approved by the Illinois Law |
13 | | Enforcement Training Standards Board or the Illinois State |
14 | | Police, or similar training provided at an Illinois Law |
15 | | Enforcement Training Standards Board certified school. |
16 | | Notwithstanding the requirements of subsection (b) of this |
17 | | Section, the policy for a law enforcement agency, when the |
18 | | officer-involved death being investigated involves a motor |
19 | | vehicle collision, may allow the use of an investigator who is |
20 | | employed by that law enforcement agency and who is certified |
21 | | by the Illinois Law Enforcement Training Standards Board as a |
22 | | Crash Reconstruction Specialist, or similar training approved |
23 | | by the Illinois Law Enforcement Training and Standards Board, |
24 | | or similar certified training approved by the Illinois State |
25 | | Police, or similar training provided at an Illinois Law |
26 | | Enforcement Training and Standards Board certified school. |
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1 | | (d) The investigators conducting the investigation shall, |
2 | | in an expeditious manner, provide a complete report to the |
3 | | State's Attorney of the county in which the officer-involved |
4 | | death occurred. |
5 | | (e) If the State's Attorney, or a designated special |
6 | | prosecutor, determines there is no basis to prosecute the law |
7 | | enforcement officer involved in the officer-involved death, or |
8 | | if the law enforcement officer is not otherwise charged or |
9 | | indicted, 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 |
12 | | Sections 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 |
15 | | analysis;
summoning jury; reports. Every coroner, whenever, |
16 | | as soon as he knows or is
informed that the dead body of any |
17 | | person is found, or lying within his
county, whose death is |
18 | | suspected 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 |
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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;
|
11 | | shall go to the place where the dead body is, and take charge |
12 | | of the
same and shall make a preliminary investigation into |
13 | | the circumstances
of the death. In the case of death without |
14 | | attendance by a licensed
physician the body may be moved with |
15 | | the coroner's consent from the
place of death to a mortuary in |
16 | | the same county. Coroners in their
discretion shall notify |
17 | | such physician as is designated in accordance
with Section |
18 | | 3-3014 to attempt to ascertain the cause of death, either by
|
19 | | autopsy or otherwise.
|
20 | | In cases of accidental death involving a motor vehicle in |
21 | | which the
decedent was (1) the operator or a suspected |
22 | | operator of a motor
vehicle, or (2) a pedestrian 16 years of |
23 | | age or older, the coroner shall
require that a blood specimen |
24 | | of at least 30 cc., and if medically
possible a urine specimen |
25 | | of at least 30 cc. or as much as possible up
to 30 cc., be |
26 | | withdrawn from the body of the decedent in a timely fashion |
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1 | | after
the crash accident causing his death, by such physician |
2 | | as has been designated
in accordance with Section 3-3014, or |
3 | | by the coroner or deputy coroner or
a qualified person |
4 | | designated by such physician, coroner, or deputy coroner. If |
5 | | the county
does not maintain laboratory facilities for making |
6 | | such analysis, the
blood and urine so drawn shall be sent to |
7 | | the Illinois State Police or any other accredited or |
8 | | State-certified laboratory
for analysis of the alcohol, carbon |
9 | | monoxide, and dangerous or
narcotic drug content of such blood |
10 | | and urine specimens. Each specimen
submitted shall be |
11 | | accompanied by pertinent information concerning the
decedent |
12 | | upon a form prescribed by such laboratory. Any
person drawing |
13 | | blood and urine and any person making any examination of
the |
14 | | blood and urine under the terms of this Division shall be |
15 | | immune from all
liability, civil or criminal, that might |
16 | | otherwise be incurred or
imposed.
|
17 | | In all other cases coming within the jurisdiction of the |
18 | | coroner and
referred to in subparagraphs (a) through (e) |
19 | | above, blood, and whenever
possible, urine samples shall be |
20 | | analyzed for the presence of alcohol
and other drugs. When the |
21 | | coroner suspects that drugs may have been
involved in the |
22 | | death, either directly or indirectly, a toxicological
|
23 | | examination shall be performed which may include analyses of |
24 | | blood, urine,
bile, gastric contents and other tissues. When |
25 | | the coroner suspects
a death is due to toxic substances, other |
26 | | than drugs, the coroner shall
consult with the toxicologist |
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1 | | prior to collection of samples. Information
submitted to the |
2 | | toxicologist shall include information as to height,
weight, |
3 | | age, sex and race of the decedent as well as medical history,
|
4 | | medications used by and the manner of death of decedent.
|
5 | | When the coroner or medical examiner finds that the cause |
6 | | of death is due to homicidal means, the coroner or medical |
7 | | examiner shall cause blood and buccal specimens (tissue may be |
8 | | submitted if no uncontaminated blood or buccal specimen can be |
9 | | obtained), whenever possible, to be withdrawn from the body of |
10 | | the decedent in a timely fashion. For proper preservation of |
11 | | the specimens, collected blood and buccal specimens shall be |
12 | | dried and tissue specimens shall be frozen if available |
13 | | equipment exists. As soon as possible, but no later than 30 |
14 | | days after the collection of the specimens, the coroner or |
15 | | medical examiner shall release those specimens to the police |
16 | | agency responsible for investigating the death. As soon as |
17 | | possible, but no later than 30 days after the receipt from the |
18 | | coroner or medical examiner, the police agency shall submit |
19 | | the specimens using the agency case number to a National DNA |
20 | | Index System (NDIS) participating laboratory within this |
21 | | State, such as the Illinois State Police, Division of Forensic |
22 | | Services, for analysis and categorizing into genetic marker |
23 | | groupings. The results of the analysis and categorizing into |
24 | | genetic marker groupings shall be provided to the Illinois |
25 | | State Police and shall be maintained by the Illinois State |
26 | | Police in the State central repository in the same manner, and |
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1 | | subject to the same conditions, as provided in Section 5-4-3 |
2 | | of the Unified Code of Corrections. The requirements of this |
3 | | paragraph are in addition to any other findings, specimens, or |
4 | | information that the coroner or medical examiner is required |
5 | | to provide during the conduct of a criminal investigation.
|
6 | | In all counties, in cases of apparent
suicide, homicide, |
7 | | or accidental death or in other cases, within the
discretion |
8 | | of the coroner, the coroner may summon 8 persons of lawful age
|
9 | | from those persons drawn for petit jurors in the county. The |
10 | | summons shall
command these persons to present themselves |
11 | | personally at such a place and
time as the coroner shall |
12 | | determine, and may be in any form which the
coroner shall |
13 | | determine and may incorporate any reasonable form of request
|
14 | | for acknowledgment which the coroner deems practical and |
15 | | provides a
reliable proof of service. The summons may be |
16 | | served by first class mail.
From the 8 persons so summoned, the |
17 | | coroner shall select 6 to serve as the
jury for the inquest. |
18 | | Inquests may be continued from time
to time, as the coroner may |
19 | | deem necessary. The 6 jurors selected in
a given case may view |
20 | | the body of the deceased.
If at any continuation of an inquest |
21 | | one or more of the original jurors
shall be unable to continue |
22 | | to serve, the coroner shall fill the vacancy or
vacancies. A |
23 | | juror serving pursuant to this paragraph shall receive
|
24 | | compensation from the county at the same rate as the rate of |
25 | | compensation
that is paid to petit or grand jurors in the |
26 | | county. The coroner shall
furnish to each juror without fee at |
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1 | | the time of his discharge a
certificate of the number of days |
2 | | in attendance at an inquest, and, upon
being presented with |
3 | | such certificate, the county treasurer shall pay to
the juror |
4 | | the sum provided for his services.
|
5 | | In counties which have a jury commission, in cases of |
6 | | apparent suicide or
homicide or of accidental death, the |
7 | | coroner may conduct an inquest. The jury commission shall |
8 | | provide
at least 8 jurors to the coroner, from whom the coroner |
9 | | shall select any 6
to serve as the jury for the inquest. |
10 | | Inquests may be continued from time
to time as the coroner may |
11 | | deem necessary. The 6 jurors originally chosen
in a given case |
12 | | may view the body of the deceased. If at any continuation
of an |
13 | | inquest one or more of the 6 jurors originally chosen shall be |
14 | | unable
to continue to serve, the coroner shall fill the |
15 | | vacancy or vacancies. At
the coroner's discretion, additional |
16 | | jurors to fill such vacancies shall be
supplied by the jury |
17 | | commission. A juror serving pursuant to this
paragraph in such |
18 | | county shall receive compensation from the county at the
same |
19 | | rate as the rate of compensation that is paid to petit or grand |
20 | | jurors
in the county.
|
21 | | In every case in which a fire is determined to be
a
|
22 | | contributing factor in a death, the coroner shall report the |
23 | | death to the
Office of the State Fire Marshal. The coroner |
24 | | shall provide a copy of the death certificate (i) within 30 |
25 | | days after filing the permanent death certificate and (ii) in |
26 | | a manner that is agreed upon by the coroner and the State Fire |
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1 | | Marshal. |
2 | | In every case in which a drug overdose is determined to be |
3 | | the cause or a contributing factor in the death, the coroner or |
4 | | medical examiner shall report the death to the Department of |
5 | | Public Health. The Department of Public Health shall adopt |
6 | | rules regarding specific information that must be reported in |
7 | | the event of such a death. If possible, the coroner shall |
8 | | report the cause of the overdose. As used in this Section, |
9 | | "overdose" has the same meaning as it does in Section 414 of |
10 | | the Illinois Controlled Substances Act. The Department of |
11 | | Public Health shall issue a semiannual report to the General |
12 | | Assembly summarizing the reports received. The Department |
13 | | shall also provide on its website a monthly report of overdose |
14 | | death figures organized by location, age, and any other |
15 | | factors, the Department deems appropriate. |
16 | | In addition, in every case in which domestic violence is |
17 | | determined to be
a
contributing factor in a death, the coroner |
18 | | shall report the death to the
Illinois State Police.
|
19 | | All deaths in State institutions and all deaths of wards |
20 | | of the State or youth in care as defined in Section 4d of the |
21 | | Children and Family Services Act in
private care facilities or |
22 | | in programs funded by the Department of Human
Services under |
23 | | its powers relating to mental health and developmental
|
24 | | disabilities or alcoholism and substance
abuse or funded by |
25 | | the Department of Children and Family Services shall
be |
26 | | reported to the coroner of the county in which the facility is
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1 | | located. If the coroner has reason to believe that an |
2 | | investigation is
needed to determine whether the death was |
3 | | caused by maltreatment or
negligent care of the ward of the |
4 | | State or youth in care as defined in Section 4d of the Children |
5 | | and Family Services Act, the coroner may conduct a
preliminary |
6 | | investigation of the circumstances of such death as in cases |
7 | | of
death under circumstances set forth in paragraphs (a) |
8 | | through (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 |
13 | | defined in Section 2 of the Charitable Games Act, from |
14 | | soliciting for charitable purposes, including solicitations |
15 | | taking place on public roadways from passing motorists, if all |
16 | | of 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 |
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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 |
16 | | days after the filing date of the application, but may impose |
17 | | reasonable conditions in writing that are consistent with the |
18 | | intent of this Section and are based on articulated public |
19 | | safety concerns. If the county determines that the applicant's |
20 | | location cannot be permitted due to significant safety |
21 | | concerns, such as high traffic volumes, poor geometrics, |
22 | | construction, maintenance operations, or past crash accident |
23 | | history, then the county may deny the application for that |
24 | | location and must approve one of the 3 alternate locations |
25 | | following the order of preference submitted by the applicant |
26 | | on the alternate location list. By acting under this Section, |
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1 | | a local agency does not waive or limit any immunity from |
2 | | liability provided by any other provision of law. |
3 | | (b) For purposes of this Section, "local agency" means a |
4 | | county, special district, fire district, joint powers of |
5 | | authority, or other political subdivision of the State of |
6 | | Illinois. |
7 | | (c) A home rule unit may not regulate a charitable |
8 | | organization in a manner that is inconsistent with this |
9 | | Section. This Section is a limitation under subsection (i) of |
10 | | Section 6 of Article VII of the Illinois Constitution on the |
11 | | concurrent exercise by home rule units of powers and functions |
12 | | exercised 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 |
15 | | changing 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 |
18 | | municipality may prevent
and regulate all amusements and |
19 | | activities having a tendency to annoy or
endanger persons or |
20 | | property on the sidewalks, streets, and other municipal
|
21 | | property. However, no municipality may prohibit a charitable |
22 | | organization, as defined in Section 2 of the Charitable Games |
23 | | Act, from soliciting for charitable purposes, including |
24 | | solicitations taking place on public roadways from passing |
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1 | | motorists, 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 |
26 | | business days after the filing date of the application, but |
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1 | | may impose reasonable conditions in writing that are |
2 | | consistent with the intent of this Section and are based on |
3 | | articulated public safety concerns. If the municipality |
4 | | determines that the applicant's location cannot be permitted |
5 | | due to significant safety concerns, such as high traffic |
6 | | volumes, poor geometrics, construction, maintenance |
7 | | operations, or past crash accident history, then the |
8 | | municipality may deny the application for that location and |
9 | | must approve one of the 3 alternate locations following the |
10 | | order of preference submitted by the applicant on the |
11 | | alternate location list. By acting under this Section, a local |
12 | | agency does not waive or limit any immunity from liability |
13 | | provided by any other provision of law. |
14 | | For purposes of this Section, "local agency" means a |
15 | | municipality, special district, fire district, joint powers of |
16 | | authority, or other political subdivision of the State of |
17 | | Illinois. |
18 | | A home rule unit may not regulate a charitable |
19 | | organization in a manner that is inconsistent with this |
20 | | Section. This Section is a limitation under subsection (i) of |
21 | | Section 6 of Article VII of the Illinois Constitution on the |
22 | | concurrent exercise by home rule units of powers and functions |
23 | | exercised by the State. |
24 | | (Source: P.A. 97-692, eff. 6-15-12; 98-134, eff. 8-2-13; |
25 | | 98-756, eff. 7-16-14.)
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1 | | Section 55. The Illinois Insurance Code is amended by |
2 | | changing Sections 143.01, 143.19, 143.19.1, 143.19.3, 143.24b, |
3 | | 143.29, 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 |
6 | | insurance described in Section 4
excluding coverage for bodily |
7 | | injury to members of the family of the
insured shall not be |
8 | | applicable when a third party acquires a right
of contribution |
9 | | against a member of the injured person's family.
|
10 | | (b) A provision in a policy of vehicle insurance excluding |
11 | | coverage for
bodily injury to members of the family of the |
12 | | insured shall not be applicable
when any person not in the |
13 | | household of the insured was driving the vehicle
of the |
14 | | insured involved in the crash accident which is the subject of |
15 | | the claim or lawsuit.
|
16 | | This subsection (b) applies to any action filed on or |
17 | | after 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; |
22 | | grounds. After a policy of automobile insurance as defined in |
23 | | Section
143.13(a) has been effective for 60 days, or if such |
24 | | policy is a renewal
policy, the insurer shall not exercise its |
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1 | | option to cancel such policy
except for one or more of the |
2 | | following 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 |
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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:
|
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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; |
18 | | grounds. After a policy of automobile insurance as defined in |
19 | | Section
143.13(a) has been effective for 60 days, or if such |
20 | | policy is a renewal
policy, the insurer shall not exercise its |
21 | | option to cancel such policy
except for one or more of the |
22 | | following reasons:
|
23 | | a. Nonpayment of premium;
|
24 | | b. The policy was obtained through a material |
25 | | misrepresentation;
|
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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
|
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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 |
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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. |
16 | | After a
policy of automobile insurance, as defined in
Section |
17 | | 143.13, has been effective or renewed for 5 or more years, the
|
18 | | company shall not exercise its right of non-renewal unless:
|
19 | | a. The policy was obtained through a material |
20 | | misrepresentation; or
|
21 | | b. Any insured violated any of the terms and conditions of |
22 | | the
policy; or
|
23 | | c. The named insured failed to disclose fully his motor |
24 | | vehicle crashes
accidents and moving traffic violations for |
25 | | the preceding 36 months, if
such information is called for in |
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1 | | the application; or
|
2 | | d. Any insured made a false or fraudulent claim or |
3 | | knowingly aided
or abetted another in the presentation of such |
4 | | a claim; or
|
5 | | e. The named insured or any other operator who either |
6 | | resides in the
same household or customarily operates an |
7 | | automobile 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 |
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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
|
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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 |
4 | | the insured at least 60 days before the date of
nonrenewal as |
5 | | provided 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. |
9 | | After a
policy of automobile insurance, as defined in
Section |
10 | | 143.13, has been effective or renewed for 5 or more years, the
|
11 | | company shall not exercise its right of non-renewal unless:
|
12 | | a. The policy was obtained through a material |
13 | | misrepresentation; or
|
14 | | b. Any insured violated any of the terms and conditions of |
15 | | the
policy; or
|
16 | | c. The named insured failed to disclose fully his motor |
17 | | vehicle crashes
accidents and moving traffic violations for |
18 | | the preceding 36 months, if
such information is called for in |
19 | | the application; or
|
20 | | d. Any insured made a false or fraudulent claim or |
21 | | knowingly aided
or abetted another in the presentation of such |
22 | | a claim; or
|
23 | | e. The named insured or any other operator who either |
24 | | resides in the
same household or customarily operates an |
25 | | automobile insured under such
a policy:
|
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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 |
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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 |
24 | | the insured at least 60 days before the date of
nonrenewal as |
25 | | provided in Section 143.17.
|
26 | | (Source: P.A. 101-652, eff. 1-1-23.)
|
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1 | | (215 ILCS 5/143.19.3) |
2 | | Sec. 143.19.3. Prohibition of rate increase for persons |
3 | | involved in emergency use of vehicles. |
4 | | (a) No insurer authorized to transact or transacting |
5 | | business in this State, or controlling or controlled by or |
6 | | under common control by or with an insurer authorized to |
7 | | transact or transacting business in this State, that sells a |
8 | | personal policy of automobile insurance in this State shall |
9 | | increase the policy premium, cancel the policy, or refuse to |
10 | | renew the policy solely because the insured or any other |
11 | | person who customarily operates an automobile covered by the |
12 | | policy has been involved in a crash had an accident while |
13 | | operating an automobile in response to an emergency when the |
14 | | insured was responding to a call to duty as a volunteer EMS |
15 | | provider, as defined in Section 1-220 of the Illinois Vehicle |
16 | | Code. |
17 | | (b) The provisions of subsection (a) also apply to all |
18 | | personal 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 |
22 | | against damages
arising out of a vehicular crash accident |
23 | | shall disclose the dollar amount of
liability coverage under |
24 | | the insured's personal private passenger
automobile liability |
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1 | | insurance policy upon receipt of the
following: (a) a |
2 | | certified letter from a claimant or any attorney
purporting to |
3 | | represent any claimant which requests such disclosure and
(b) |
4 | | a brief description of the nature and extent of the injuries,
|
5 | | accompanied by a statement of the amount of medical bills |
6 | | incurred to date
and copies of medical records. The disclosure |
7 | | shall be confidential and available
only to the claimant, his |
8 | | attorney and personnel
in the office of the attorney entitled |
9 | | to access to the claimant's files.
The insurer shall forward |
10 | | the information to the party requesting it by
certified mail, |
11 | | return receipt requested, within 30 days of receipt of the |
12 | | request.
|
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 |
16 | | policy of automobile
liability insurance shall include |
17 | | appropriate reductions as determined
by the insurer for any |
18 | | insured
over age 55 upon successful completion of the National |
19 | | Safety Council's
Defensive Driving Course or a motor vehicle |
20 | | crash accident prevention course, including an eLearning |
21 | | course, that
is found by the Secretary of State to meet or |
22 | | exceed the standards of the
National Safety Council's |
23 | | Defensive Driving Course's 8 hour classroom safety
instruction |
24 | | program.
|
25 | | (b) The premium reduction shall remain in effect for the |
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1 | | qualifying insured
for a period of 3 years from the date of |
2 | | successful completion of the crash accident
prevention course, |
3 | | except that the insurer may elect to apply the premium
|
4 | | reduction beginning either with the last effective date of the |
5 | | policy or
the next renewal date of the policy if the reduction |
6 | | will result in a savings
as though applied over a full 3 year |
7 | | period. An insured who has completed
the course of instruction |
8 | | prior to July 1, 1982 shall receive the insurance
premium |
9 | | reduction
for only the period remaining within the 3 years |
10 | | from course completion.
The period of premium reduction for an |
11 | | insured who has repeated the crash accident
prevention course |
12 | | shall be based upon the last such course the insured has
|
13 | | successfully completed.
|
14 | | (c) Any crash accident prevention course approved by the |
15 | | Secretary of State
under this Section shall be taught by an |
16 | | instructor approved by the Secretary
of State, shall consist |
17 | | of at least 8 hours of classroom or eLearning equivalent |
18 | | instruction and
shall provide for a certificate of completion. |
19 | | Records of certification
of course completion shall be |
20 | | maintained in a manner acceptable to the Secretary
of State.
|
21 | | (d) Any person claiming eligibility for a rate or premium |
22 | | reduction shall
be responsible for providing to his insurance |
23 | | company 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 |
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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 |
20 | | policy of
automobile
insurance, as defined in Section 143.13, |
21 | | that is amended, delivered, issued, or
renewed
after the |
22 | | effective date of this amendatory Act of the 91st General |
23 | | Assembly
must include
coverage for replacement of a child |
24 | | restraint system that was in use by a child
during a crash an
|
25 | | accident to which coverage is applicable. As used in this |
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1 | | Section, "child
restraint system"
has the meaning given that |
2 | | term 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 |
6 | | coverage.
|
7 | | (1) No policy insuring against
loss resulting from |
8 | | liability imposed by law for bodily injury or death
suffered |
9 | | by any person arising out of the ownership, maintenance or use
|
10 | | of a motor vehicle that is designed for use on public highways |
11 | | and that
is either required to be registered in this State or |
12 | | is principally garaged
in this State shall be renewed, |
13 | | delivered, or issued for delivery
in this State unless |
14 | | coverage is provided therein or
supplemental thereto, in |
15 | | limits for bodily injury or death set forth in
Section 7-203 of |
16 | | the Illinois Vehicle Code for the
protection of persons |
17 | | insured thereunder who are legally entitled to
recover damages |
18 | | from owners or operators of uninsured motor vehicles and
|
19 | | hit-and-run motor vehicles because of bodily injury, sickness |
20 | | or
disease, including death, resulting therefrom. Uninsured |
21 | | motor vehicle
coverage does not apply to bodily injury, |
22 | | sickness, disease, or death resulting
therefrom, of an insured |
23 | | while occupying a motor vehicle owned by, or furnished
or |
24 | | available for the regular use of the insured, a resident |
25 | | spouse or resident
relative, if that motor vehicle is not |
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1 | | described in the policy under which a
claim is made or is not a |
2 | | newly acquired or replacement motor vehicle covered
under the |
3 | | terms of the policy. The limits for any coverage for any |
4 | | vehicle
under the policy may not be aggregated with the limits |
5 | | for any similar
coverage, whether provided by the same insurer |
6 | | or another insurer, applying to
other motor vehicles, for |
7 | | purposes of determining the total limit of insurance
coverage |
8 | | available for bodily injury or death suffered by a person in |
9 | | any one
crash accident . No
policy shall be renewed, delivered, |
10 | | or issued for delivery in this
State unless it is provided |
11 | | therein that any dispute
with respect to the coverage and the |
12 | | amount of damages shall be submitted
for arbitration to the
|
13 | | American Arbitration Association and be subject to its rules |
14 | | for the conduct
of arbitration hearings
as to all matters |
15 | | except medical opinions. As to medical opinions, if the
amount |
16 | | of damages being sought is equal to or less than the amount |
17 | | provided for
in Section 7-203 of the Illinois Vehicle Code, |
18 | | then the current American
Arbitration Association Rules shall |
19 | | apply. If the amount being sought in an
American Arbitration |
20 | | Association case exceeds that amount as set forth in
Section |
21 | | 7-203 of the Illinois Vehicle Code, then the Rules of Evidence |
22 | | that
apply in the circuit court for placing medical opinions |
23 | | into evidence shall
govern. Alternatively, disputes with |
24 | | respect to damages and the coverage shall
be
determined in the
|
25 | | following
manner: Upon the insured requesting arbitration, |
26 | | each party to the
dispute shall select an arbitrator and the 2 |
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1 | | arbitrators so named
shall select a third arbitrator. If such |
2 | | arbitrators are not selected
within 45 days from such request, |
3 | | either party may request that the
arbitration be submitted to |
4 | | the American Arbitration Association.
Any decision made by the |
5 | | arbitrators shall be binding for the amount of
damages not |
6 | | exceeding $75,000 for bodily injury to or
death of any one |
7 | | person, $150,000 for bodily injury to or death of 2 or more
|
8 | | persons in any one motor vehicle crash accident ,
or the |
9 | | corresponding policy limits for bodily injury or death, |
10 | | whichever is
less.
All 3-person arbitration cases proceeding |
11 | | in accordance with any uninsured
motorist
coverage conducted |
12 | | in this State in
which the claimant is only seeking monetary |
13 | | damages up to the limits
set forth in Section 7-203 of the |
14 | | Illinois 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 |
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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 |
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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 |
25 | | liability imposed by law for property damage
arising out of |
26 | | the ownership, maintenance, or use of a motor vehicle shall
be |
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1 | | renewed, delivered, or issued for delivery in this State with |
2 | | respect
to any private passenger or recreational motor vehicle |
3 | | that is
designed for use on public highways and that is either |
4 | | required to be
registered in this State or is principally |
5 | | garaged in this State and
is not covered by collision |
6 | | insurance under the provisions of such
policy, unless coverage |
7 | | is made available in the amount of the actual
cash value of the |
8 | | motor vehicle described in the policy or $15,000
whichever is |
9 | | less, subject to a $250 deductible, for the protection of
|
10 | | persons insured thereunder who are legally entitled to recover |
11 | | damages from
owners or operators of uninsured motor vehicles |
12 | | and hit-and-run motor
vehicles because of property damage to |
13 | | the motor vehicle described in the
policy.
|
14 | | There shall be no liability imposed under the uninsured |
15 | | motorist
property damage coverage required by this subsection |
16 | | if the owner or
operator of the at-fault uninsured motor |
17 | | vehicle or hit-and-run motor
vehicle cannot be identified. |
18 | | This subsection shall not apply to any
policy which does not |
19 | | provide primary motor vehicle liability insurance for
|
20 | | liabilities arising from the maintenance, operation, or use of |
21 | | a
specifically insured motor vehicle.
|
22 | | Each insurance company providing motor vehicle property |
23 | | damage liability
insurance shall advise applicants of the |
24 | | availability of uninsured motor
vehicle property damage |
25 | | coverage, the premium therefor, and provide a brief
|
26 | | description of the coverage. That information
need be given |
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1 | | only once and shall not be required in any subsequent renewal,
|
2 | | reinstatement or reissuance, substitute, amended, replacement |
3 | | or
supplementary policy. No written rejection shall be |
4 | | required, and
the absence of a premium payment for uninsured |
5 | | motor vehicle property damage
shall constitute conclusive |
6 | | proof that the applicant or policyholder has
elected not to |
7 | | accept uninsured motorist property damage coverage.
|
8 | | An insurance company issuing uninsured motor vehicle
|
9 | | property 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
|
24 | | damages shall be submitted for
arbitration to the American |
25 | | Arbitration Association and be subject to its
rules for the |
26 | | conduct of arbitration hearings or for determination in
the |
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1 | | following manner: Upon the insured requesting arbitration, |
2 | | each party
to the dispute shall select an arbitrator and the 2 |
3 | | arbitrators so named
shall select a third arbitrator. If such |
4 | | arbitrators are not selected
within 45 days from such request, |
5 | | either party may request that the
arbitration be submitted to |
6 | | the American Arbitration Association.
Any arbitration |
7 | | proceeding under this subsection seeking recovery for
property |
8 | | damages 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.
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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 |
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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 |
10 | | motor
vehicle" includes, subject to the terms and conditions |
11 | | of the coverage,
a motor vehicle where on, before , or after the |
12 | | accident date of the crash the
liability insurer thereof is |
13 | | unable to make payment with respect to the
legal liability of |
14 | | its insured within the limits specified in the policy
because |
15 | | of the entry by a court of competent jurisdiction of an order |
16 | | of
rehabilitation or liquidation by reason of insolvency on or |
17 | | after the
accident date of the crash . An insurer's extension |
18 | | of coverage, as provided in this
subsection, shall be |
19 | | applicable to all crashes accidents occurring after July
1, |
20 | | 1967 during a policy period in which its insured's uninsured |
21 | | motor
vehicle coverage is in effect. Nothing in this Section |
22 | | may be construed
to prevent any insurer from extending |
23 | | coverage under terms and
conditions more favorable to its |
24 | | insureds than is required by this Section.
|
25 | | (4) In the event of payment to any person under the |
26 | | coverage
required by this Section and subject to the terms and |
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1 | | conditions of the
coverage, the insurer making the payment |
2 | | shall, to the extent thereof,
be entitled to the proceeds of |
3 | | any settlement or judgment resulting from
the exercise of any |
4 | | rights of recovery of the person against any person
or |
5 | | organization legally responsible for the property damage, |
6 | | bodily
injury or death for which the payment is made, |
7 | | including the proceeds
recoverable from the assets of the |
8 | | insolvent insurer. With respect to
payments made by reason of |
9 | | the coverage described in subsection (3), the
insurer making |
10 | | such payment shall not be entitled to any right of recovery
|
11 | | against the tortfeasor in excess of the proceeds recovered |
12 | | from the assets
of the insolvent insurer of the tortfeasor.
|
13 | | (5) This amendatory Act of 1967 (Laws of Illinois 1967, |
14 | | page 875) shall not be construed to terminate
or reduce any |
15 | | insurance coverage or any right of any party under this
Code in |
16 | | effect before July 1, 1967. Public Act 86-1155 shall not
be |
17 | | construed to terminate or reduce any insurance coverage or any |
18 | | right of
any party under this Code in effect before its |
19 | | effective date.
|
20 | | (6) Failure of the motorist from whom the claimant is |
21 | | legally
entitled to recover damages to file the appropriate |
22 | | forms with the
Safety Responsibility Section of the Department |
23 | | of Transportation within
120 days of the accident date of the |
24 | | crash shall create a rebuttable presumption that
the motorist |
25 | | was uninsured at the time of the injurious occurrence.
|
26 | | (7) An insurance carrier may upon good cause require the
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1 | | insured to commence a legal action against the owner or |
2 | | operator of an
uninsured motor vehicle before good faith |
3 | | negotiation with the carrier. If
the action is commenced at |
4 | | the request of the insurance carrier, the
carrier shall pay to |
5 | | the insured, before the action is commenced, all court
costs, |
6 | | jury fees and sheriff's fees arising from the action.
|
7 | | The changes made by Public Act 90-451 apply to all |
8 | | policies of
insurance amended, delivered, issued, or renewed |
9 | | on and after January 1, 1998 (the effective
date of Public Act |
10 | | 90-451).
|
11 | | (8) The changes made by Public Act 98-927 apply to all |
12 | | policies of
insurance amended, delivered, issued, or renewed |
13 | | on and after January 1, 2015 (the effective
date of Public Act |
14 | | 98-927). |
15 | | (Source: P.A. 98-242, eff. 1-1-14; 98-927, eff. 1-1-15; |
16 | | 99-642, 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
|
19 | | coverage. No policy insuring against loss resulting from |
20 | | liability imposed
by law for bodily injury or death suffered |
21 | | by any person arising out of the
ownership, maintenance or use |
22 | | of a motor vehicle shall be renewed or
delivered or issued for |
23 | | delivery in this State with respect to any motor
vehicle |
24 | | designed for use on public highways and required to be |
25 | | registered
in this State unless uninsured motorist coverage as |
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1 | | required in Section
143a of this Code is included in an amount |
2 | | equal to the insured's bodily
injury liability limits unless |
3 | | specifically rejected by the insured as provided in paragraph |
4 | | (2) of this Section. Each
insurance company providing the |
5 | | coverage must provide applicants with a
brief description of |
6 | | the coverage and advise them of their right to reject
the |
7 | | coverage in excess of the limits set forth in Section 7-203 of |
8 | | the
Illinois Vehicle Code. The provisions of this amendatory |
9 | | Act of 1990 apply
to policies of insurance applied for after |
10 | | June 30, 1991.
|
11 | | (2) Right of rejection of additional uninsured motorist
|
12 | | coverage. Any named insured or applicant may reject additional |
13 | | uninsured
motorist coverage in excess of the limits set forth |
14 | | in Section 7-203
of the Illinois Vehicle Code by making a |
15 | | written request for limits of uninsured motorist coverage |
16 | | which are less than bodily injury liability limits or a |
17 | | written rejection of limits in excess of those required by |
18 | | law. This election or rejection shall be binding on all |
19 | | persons insured under the policy. In those cases where the |
20 | | insured has elected
to purchase limits of uninsured motorist |
21 | | coverage which are less than
bodily injury liability limits or |
22 | | to reject limits in excess of those
required by law, the |
23 | | insurer need not provide in any renewal,
reinstatement, |
24 | | reissuance, substitute, amended, replacement or
supplementary |
25 | | policy, coverage in excess of that elected by the insured in
|
26 | | connection with a policy previously issued to such insured by |
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1 | | the same
insurer unless the insured subsequently makes a |
2 | | written request for
such coverage.
|
3 | | (3) The original document indicating the applicant's |
4 | | selection of
uninsured motorist coverage limits shall |
5 | | constitute sufficient evidence of
the applicant's selection of |
6 | | uninsured motorist coverage limits. For purposes of this
|
7 | | Section any reproduction of the document by means of |
8 | | photograph,
photostat, microfiche, computerized optical |
9 | | imaging process, or other
similar process or means of |
10 | | reproduction shall be deemed the equivalent of
the original |
11 | | document.
|
12 | | (4) For the purpose of this Code the term "underinsured |
13 | | motor vehicle"
means a motor vehicle whose ownership, |
14 | | maintenance or use has resulted in
bodily injury or death of |
15 | | the insured, as defined in the policy, and for
which the sum of |
16 | | the limits of liability under all bodily injury liability
|
17 | | insurance policies or under bonds or other security required |
18 | | to be
maintained under Illinois law applicable to the driver |
19 | | or to the person or
organization legally responsible for such |
20 | | vehicle and applicable to the
vehicle, is less than the limits |
21 | | for underinsured coverage provided the
insured as defined in |
22 | | the policy at the time of the crash accident . The limits
of |
23 | | liability for an insurer providing underinsured motorist |
24 | | coverage shall
be the limits of such coverage, less those |
25 | | amounts actually recovered under
the applicable bodily injury |
26 | | insurance policies, bonds or other security
maintained on the |
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1 | | underinsured motor vehicle.
|
2 | | On or after July 1, 1983, no policy insuring against loss |
3 | | resulting
from liability imposed by law for bodily injury or |
4 | | death suffered by any
person arising out of the ownership, |
5 | | maintenance or use of a motor vehicle
shall be renewed or |
6 | | delivered or issued for delivery in this State with respect
to |
7 | | any motor vehicle designed for use on public highways and |
8 | | required to be
registered in this State unless underinsured |
9 | | motorist coverage is included
in such policy in an amount |
10 | | equal to the total amount of uninsured motorist
coverage |
11 | | provided in that policy where such uninsured motorist coverage
|
12 | | exceeds the limits set forth in Section 7-203 of the Illinois |
13 | | Vehicle Code.
|
14 | | The changes made to this subsection (4) by this amendatory |
15 | | Act of the 93rd General Assembly apply to policies issued or |
16 | | renewed on or after December 1, 2004.
|
17 | | (5) Scope. Nothing herein shall prohibit an insurer from |
18 | | setting forth
policy terms and conditions which provide that |
19 | | if the insured has coverage
available under this Section under |
20 | | more than one policy or provision of
coverage, any recovery or |
21 | | benefits may be equal to, but may not exceed,
the higher of the |
22 | | applicable limits of the respective coverage, and the
limits |
23 | | of liability under this Section shall not be increased because
|
24 | | of multiple motor vehicles covered under the same policy of |
25 | | insurance.
Insurers providing liability coverage on an excess |
26 | | or umbrella basis are
neither required to provide, nor are |
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1 | | they prohibited from offering or
making available coverages |
2 | | conforming to this Section on a supplemental
basis. |
3 | | Notwithstanding the provisions of this Section, an insurer |
4 | | shall
not be prohibited from solely providing a combination of |
5 | | uninsured and
underinsured motorist coverages where the limits |
6 | | of liability under each
coverage is in the same amount.
|
7 | | (6) Subrogation against underinsured motorists. No insurer |
8 | | shall exercise
any right of subrogation under a policy |
9 | | providing additional uninsured motorist
coverage against an |
10 | | underinsured motorist where the insurer has been provided
with |
11 | | written notice in advance of a settlement between its insured |
12 | | and the
underinsured motorist and the insurer fails to advance |
13 | | a payment to
the insured, in an amount equal to the tentative |
14 | | settlement, within 30 days
following receipt of such notice.
|
15 | | (7) A policy which provides underinsured motor vehicle |
16 | | coverage may
include a clause which denies payment until the |
17 | | limits of liability or
portion thereof under
all bodily injury |
18 | | liability insurance policies applicable to the
underinsured |
19 | | motor vehicle and its operators have been partially or fully
|
20 | | exhausted
by payment
of judgment or settlement. A judgment or |
21 | | settlement of the bodily injury
claim in an amount less than |
22 | | the limits of liability of the bodily injury
coverages |
23 | | applicable to the claim shall not preclude the claimant from |
24 | | making
an underinsured motorist claim against the underinsured |
25 | | motorist coverage.
Any such provision in a policy of insurance
|
26 | | shall be inapplicable if the insured, or the legal |
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1 | | representative of the
insured, and the insurer providing |
2 | | underinsured motor vehicle coverage
agree that the insured has |
3 | | suffered bodily injury or death as the result of
the negligent |
4 | | operation, maintenance, or use of an underinsured motor
|
5 | | vehicle and, without arbitration, agree also on the amount of |
6 | | damages that
the insured is legally entitled to collect. The |
7 | | maximum amount payable
pursuant to such an underinsured motor |
8 | | vehicle insurance settlement
agreement shall not exceed the |
9 | | amount by which the limits of the
underinsured motorist |
10 | | coverage exceed the limits of the bodily injury
liability |
11 | | insurance of the owner or operator of the underinsured motor
|
12 | | vehicle. Any such agreement shall be final as to the amount due |
13 | | and shall
be binding upon both the insured and the |
14 | | underinsured motorist insurer
regardless of the amount of any |
15 | | judgment, or any settlement reached between
any insured and |
16 | | the person or persons responsible for the crash accident . No
|
17 | | such settlement agreement shall be concluded unless: (i) the |
18 | | insured has
complied with all other applicable policy terms |
19 | | and conditions; and (ii)
before the conclusion of the |
20 | | settlement agreement, the insured has filed
suit against the |
21 | | underinsured motor vehicle owner or operator and has not
|
22 | | abandoned the suit, or settled the suit without preserving the |
23 | | rights of
the insurer providing underinsured motor vehicle |
24 | | coverage in the manner
described in paragraph (6) of this |
25 | | Section.
|
26 | | (Source: P.A. 93-762, eff. 7-16-04 .)
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1 | | Section 60. The Child Care Act of 1969 is amended by |
2 | | changing 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 |
5 | | center, group
home or child care institution as defined in |
6 | | this Act shall on a regular
basis transport a child or children |
7 | | with any motor vehicle unless such
vehicle is operated by a |
8 | | person 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 |
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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 |
6 | | institutions
may provide for transportation of a child or |
7 | | children for special outings,
functions or purposes that are |
8 | | not scheduled on a regular basis without
verification that |
9 | | drivers for such purposes meet the requirements of this
|
10 | | Section.
|
11 | | (a-5) As a means of ensuring compliance with the |
12 | | requirements set forth in subsection (a), the Department shall |
13 | | implement appropriate measures to verify that every individual |
14 | | who is employed at a group home or child care institution meets |
15 | | those requirements. |
16 | | For every individual employed at a group home or child |
17 | | care institution who regularly transports children in the |
18 | | course of performing his or her duties, the Department must |
19 | | make the verification every 2 years. Upon the Department's |
20 | | request, the Secretary of State shall provide the Department |
21 | | with the information necessary to enable the Department to |
22 | | make the verifications required under subsection (a). |
23 | | In the case of an individual employed at a group home or |
24 | | child care institution who becomes subject to subsection (a) |
25 | | for the first time after the effective date of this amendatory |
26 | | Act of the 94th General Assembly, the Department must make |
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1 | | that verification with the Secretary of State before the |
2 | | individual operates a motor vehicle to transport a child or |
3 | | children under the circumstances described in subsection (a). |
4 | | In the case of an individual employed at a group home or |
5 | | child care institution who is subject to subsection (a) on the |
6 | | effective date of this amendatory Act of the 94th General |
7 | | Assembly, the Department must make that verification with the |
8 | | Secretary of State within 30 days after that effective date. |
9 | | If the Department discovers that an individual fails to |
10 | | meet the requirements set forth in subsection (a), the |
11 | | Department shall promptly notify the appropriate group home or |
12 | | child care institution.
|
13 | | (b) Any individual who holds a valid Illinois school bus |
14 | | driver permit
issued by the Secretary of State
pursuant to The |
15 | | Illinois
Vehicle Code, and who is currently employed by a |
16 | | school district or parochial
school, or by a contractor with a |
17 | | school district or parochial school, to
drive a school bus |
18 | | transporting children to and from school,
shall be deemed in |
19 | | compliance with the requirements of subsection (a).
|
20 | | (c) The Department may, pursuant to Section 8 of this Act, |
21 | | revoke the
license of any day care center, group home or child |
22 | | care institution that
fails to meet the requirements of this |
23 | | Section.
|
24 | | (d) A group home or child care institution that
fails to |
25 | | meet the requirements of this Section is guilty of a petty |
26 | | offense and is subject to a fine of not more than $1,000. Each |
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1 | | day that a group home or child care institution fails to meet |
2 | | the 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 |
5 | | changing 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. |
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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 |
12 | | to notify the out-of-state trade of this prohibition
and to |
13 | | detect violations. The Commission shall request
the Attorney |
14 | | General to extradite any offender.
|
15 | | (b) Pursuant to the
Twenty-First Amendment of the United |
16 | | States Constitution allowing states to
regulate the |
17 | | distribution and sale of alcoholic liquor and pursuant to the
|
18 | | federal Webb-Kenyon Act declaring that alcoholic liquor |
19 | | shipped in interstate
commerce must comply with state laws, |
20 | | the General Assembly hereby finds and
declares that selling |
21 | | alcoholic liquor from a point outside this State
through |
22 | | various direct marketing means, such as catalogs,
newspapers, |
23 | | mailers, and the Internet,
directly to residents of this State |
24 | | poses a serious threat
to the State's efforts to prevent |
25 | | youths from accessing alcoholic liquor;
to State revenue |
26 | | collections; and to the economy of this State.
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1 | | Any person manufacturing, distributing, or selling
|
2 | | alcoholic liquor who knowingly ships or transports or causes |
3 | | the shipping or
transportation of any alcoholic liquor from a |
4 | | point outside this State to a
person in this State who does not |
5 | | hold a manufacturer's, distributor's,
importing distributor's, |
6 | | or non-resident dealer's license issued by the Liquor
Control |
7 | | Commission, other than a shipment of sacramental wine to a |
8 | | bona fide
religious organization, a shipment authorized by |
9 | | Section 6-29, subparagraph (17) of Section 3-12, or any other
|
10 | | shipment authorized by this Act, is in violation of this Act.
|
11 | | The Commission, upon determining, after investigation, |
12 | | that a person
has violated this Section, shall give notice to |
13 | | the person by certified mail to
cease and desist all shipments |
14 | | of
alcoholic liquor into this State and to withdraw from this |
15 | | State within 5
working days after receipt of the notice all |
16 | | shipments of alcoholic liquor then
in transit. A person who |
17 | | violates the cease and desist notice is subject to the |
18 | | applicable penalties in subsection (a) of Section 10-1 of this |
19 | | Act.
|
20 | | (Source: P.A. 99-904, eff. 1-1-17 .)
|
21 | | Section 70. The Suicide Prevention, Education, and |
22 | | Treatment Act is amended by changing Section 5 as follows: |
23 | | (410 ILCS 53/5)
|
24 | | Sec. 5. Legislative findings.
The General Assembly makes |
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1 | | the 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 |
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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 |
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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 |
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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 |
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1 | | Program 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 |
5 | | nearly 5,000 years. Modern medical research has confirmed the |
6 | | beneficial uses of cannabis in treating or alleviating the |
7 | | pain, nausea, and other symptoms associated with a variety of |
8 | | debilitating medical conditions, including cancer, multiple |
9 | | sclerosis, and HIV/AIDS, as found by the National Academy of |
10 | | Sciences' Institute of Medicine in March 1999.
|
11 | | (b) Studies published since the 1999 Institute of Medicine |
12 | | report continue to show the therapeutic value of cannabis in |
13 | | treating a wide array of debilitating medical conditions. |
14 | | These include relief of the neuropathic pain caused by |
15 | | multiple sclerosis, HIV/AIDS, and other illnesses that often |
16 | | fail to respond to conventional treatments and relief of |
17 | | nausea, vomiting, and other side effects of drugs used to |
18 | | treat HIV/AIDS and hepatitis C, increasing the chances of |
19 | | patients continuing on life-saving treatment regimens.
|
20 | | (c) Cannabis has many currently accepted medical uses in |
21 | | the United States, having been recommended by thousands of |
22 | | licensed physicians to at least 600,000 patients in states |
23 | | with medical cannabis laws. The medical utility of cannabis is |
24 | | recognized by a wide range of medical and public health |
25 | | organizations, including the American Academy of HIV Medicine, |
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1 | | the American College of Physicians, the American Nurses |
2 | | Association, the American Public Health Association, the |
3 | | Leukemia & Lymphoma Society, and many others.
|
4 | | (d) Data from the Federal Bureau of Investigation's |
5 | | Uniform Crime Reports and the Compendium of Federal Justice |
6 | | Statistics show that approximately 99 out of every 100 |
7 | | cannabis arrests in the U.S. are made under state law, rather |
8 | | than under federal law. Consequently, changing State law will |
9 | | have the practical effect of protecting from arrest the vast |
10 | | majority of seriously ill patients who have a medical need to |
11 | | use cannabis.
|
12 | | (d-5) In 2014, the Task Force on Veterans' Suicide was |
13 | | created by the Illinois General Assembly to gather data on |
14 | | veterans' suicide prevention. Data from a U.S. Department of |
15 | | Veterans Affairs study indicates that 22 veterans commit |
16 | | suicide each day. |
17 | | (d-10) According to the State of Illinois Opioid Action
|
18 | | Plan released in September 2017, "The opioid epidemic is the
|
19 | | most significant public health and public safety crisis facing
|
20 | | Illinois".
According to the Action Plan, "Fueled by the |
21 | | growing opioid
epidemic, drug overdoses have now become the |
22 | | leading cause of
death nationwide for people under the age of |
23 | | 50. In Illinois,
opioid overdoses have killed nearly 11,000 |
24 | | people since 2008.
Just last year, nearly 1,900 people died of |
25 | | overdoses—almost
twice the number of fatal car crashes |
26 | | accidents . Beyond these deaths
are thousands of emergency |
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1 | | department visits, hospital stays,
as well as the pain |
2 | | suffered by individuals, families, and
communities". |
3 | | According to the Action Plan, "At the current rate, the
|
4 | | opioid epidemic will claim the lives of more than 2,700
|
5 | | Illinoisans in 2020". |
6 | | Further, the Action Plan states, "Physical tolerance to
|
7 | | opioids can begin to develop as early as two to three days
|
8 | | following the continuous use of opioids, which is a large
|
9 | | factor 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
|
12 | | deaths is largely due to the dramatic rise in the rate and
|
13 | | amount of opioids prescribed for pain over the past decades". |
14 | | Further, according to the Action Plan, "In the absence of
|
15 | | alternative treatments, reducing the supply of prescription |
16 | | opioids too abruptly may drive more people to switch to using
|
17 | | illicit drugs (including heroin), thus increasing the risk of
|
18 | | overdose". |
19 | | (e) Alaska, Arizona, California, Colorado, Connecticut, |
20 | | Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana, |
21 | | Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, |
22 | | Washington, and Washington, D.C. have removed state-level |
23 | | criminal penalties from the medical use and cultivation of |
24 | | cannabis. Illinois joins in this effort for the health and |
25 | | welfare of its citizens.
|
26 | | (f) States are not required to enforce federal law or |
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1 | | prosecute people for engaging in activities prohibited by |
2 | | federal law. Therefore, compliance with this Act does not put |
3 | | the State of Illinois in violation of federal law.
|
4 | | (g) State law should make a distinction between the |
5 | | medical and non-medical uses of cannabis. Hence, the purpose |
6 | | of this Act is to protect patients with debilitating medical |
7 | | conditions, as well as their physicians and providers, from |
8 | | arrest and prosecution, criminal and other penalties, and |
9 | | property forfeiture if the patients engage in the medical use |
10 | | of 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 |
13 | | changing 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 |
17 | | described in this Act may be reported to the Office of the |
18 | | State Fire Marshal. The hospital's administrator, manager, |
19 | | superintendent, or his or her designee deciding to report |
20 | | under this Act shall make an oral report of every burn injury |
21 | | in a timely manner as soon as treatment permits, except as |
22 | | provided in subsection (c) of this Section, that meets one of |
23 | | the following criteria: |
24 | | (1) a person receives a serious second-degree burn or |
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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 |
11 | | telephone to the Office of the State Fire Marshal using a |
12 | | toll-free number established by the Office of the State Fire |
13 | | Marshal for this purpose. |
14 | | (c) A hospital's administrator, manager, superintendent, |
15 | | or his or her designee deciding to report under this Act shall |
16 | | not 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.) |
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1 | | Section 85. The Illinois Public Health and Safety Animal |
2 | | Population Control Act is amended by changing Section 5 as |
3 | | follows: |
4 | | (510 ILCS 92/5)
|
5 | | Sec. 5. Findings. The General Assembly finds the |
6 | | following:
|
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.) |
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1 | | Section 90. The Illinois Highway Code is amended by |
2 | | changing 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 |
5 | | legislature
that an integrated system of highways and streets |
6 | | is essential to the
general welfare and to the agricultural, |
7 | | industrial, recreational, and
social development of the State. |
8 | | In view of the rapid growth of the
State's economy and |
9 | | increased use of public highways, the provision of
safe and |
10 | | efficient highway transportation is a matter of public |
11 | | concern.
It is the declared and continuous policy of the |
12 | | legislature to provide
for improvement of highways and the |
13 | | highway transportation system as
well as the preservation of |
14 | | investment in highways. To that end it is
intended to provide |
15 | | for integrated and systematic planning and orderly
development |
16 | | in accordance with actual needs. It is further declared that
|
17 | | the provision of such a system with efficient management, |
18 | | operation, and
control, and the elimination of congestion, |
19 | | crash accident reduction, and
safety is an urgent problem and |
20 | | proper objective of highway legislation.
It is further |
21 | | declared that highway transportation system development
|
22 | | requires the cooperation of State, county, township, and |
23 | | municipal
highway agencies and coordination of their |
24 | | activities on a continuous
and partnership basis and the |
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1 | | legislature intends such cooperative
relationships to |
2 | | accomplish this purpose.
|
3 | | It is also the intent and declared policy of the |
4 | | legislature that no
public moneys derived from fees, excises |
5 | | or license taxes relating to
registration, operation and use |
6 | | of vehicles on public highways or to
fuels used for the |
7 | | propulsion of such vehicles, shall be appropriated or
expended |
8 | | other than for costs of administering the laws imposing such
|
9 | | fees, excises and license taxes, statutory refunds and |
10 | | adjustments
allowed thereunder, highway administrative costs, |
11 | | payment of debts and
liabilities incurred in construction and |
12 | | reconstruction of public
highways and bridges, acquisition of |
13 | | rights-of-way for, and the cost of
construction, |
14 | | reconstruction, maintenance, repair and operation of
public |
15 | | highways and bridges under the direction and supervision of |
16 | | the
State, political subdivision or municipality collecting |
17 | | such moneys, and
the costs for patrolling and policing the |
18 | | public highways (by State, political
subdivision or |
19 | | municipality collecting such money) for enforcement of traffic
|
20 | | laws. The separation of grades of such highways with railroads |
21 | | and costs
associated with protection of at-grade highway and |
22 | | railroad 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 |
25 | | Section 19.1 as follows: |
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1 | | (605 ILCS 10/19.1) |
2 | | Sec. 19.1. Confidentiality of personally identifiable |
3 | | information obtained through electronic toll collection |
4 | | system. |
5 | | (a) For purposes of this Section: |
6 | | "Electronic toll collection system" is a system where a |
7 | | transponder, camera-based vehicle identification system, or |
8 | | other electronic medium is used to deduct payment of a toll |
9 | | from a subscriber's account or to establish an obligation to |
10 | | pay a toll. |
11 | | "Electronic toll collection system user" means any natural |
12 | | person who subscribes to an electronic toll collection system |
13 | | or any natural person who uses a tolled transportation |
14 | | facility that employs the Authority's electronic toll |
15 | | collection system. |
16 | | "Personally identifiable information" means any |
17 | | information that identifies or describes an electronic toll |
18 | | collection system user, including but not limited to travel |
19 | | pattern data, address, telephone number, e-mail address, |
20 | | license plate number, photograph, bank account information, or |
21 | | credit card number. |
22 | | (b) Except as otherwise provided in this Section, the |
23 | | Authority may not sell or otherwise provide to any person or |
24 | | entity personally identifiable information of any electronic |
25 | | toll collection system user that the Authority obtains through |
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1 | | the operation of its electronic toll collection system. |
2 | | (c) The Authority may, within practical business and cost |
3 | | constraints, store personally identifiable information of an |
4 | | electronic toll collection system user only if the information |
5 | | is required to perform account functions such as billing, |
6 | | account settlement, or toll violation enforcement activities. |
7 | | (d) By no later than December 31, 2011, the Authority |
8 | | shall establish a privacy policy regarding the collection and |
9 | | use of personally identifiable information. Upon its adoption, |
10 | | the policy shall be posted on the Authority's website and a |
11 | | copy shall be included with each transponder transmitted to a |
12 | | user. The policy shall include but need not be limited to the |
13 | | following: |
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. |
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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; |
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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 |
10 | | the Authority's toll collection system in a transportation |
11 | | facility, the Authority shall require the other public entity |
12 | | to comply with the requirements of this Section. |
13 | | (g) Personally identifiable information generated through |
14 | | the
Authority's toll collection process that reveals the date, |
15 | | time, location or
direction of travel by an electronic toll |
16 | | collection system user shall be
exempt from release under the |
17 | | Illinois Freedom of Information Act. The
exemption in this |
18 | | subsection shall not apply to information that concerns (i)
|
19 | | the public duties of public employees and officials; (ii) |
20 | | whether an electronic toll
collection system user has paid |
21 | | tolls; (iii) whether the Authority is
enforcing toll violation |
22 | | penalties against electronic toll collection users
who do not |
23 | | pay tolls; (iv) crashes accidents or other incidents that |
24 | | occur on highways under the jurisdiction of the
Authority; or |
25 | | (v) the obligation, receipt, and use of the funds of the |
26 | | Authority. The exemption in this subsection (g) shall not be a |
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1 | | limitation or restriction on other Freedom of Information Act |
2 | | exemptions applicable to personally identifiable information |
3 | | or private information.
|
4 | | (Source: P.A. 97-342, eff. 8-12-11.) |
5 | | Section 100. The Roadside Memorial Act is amended by |
6 | | changing 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 |
10 | | intended to raise public awareness of traffic fatalities |
11 | | caused by reckless driving or other means by emphasizing the |
12 | | dangers while affording families an opportunity to remember |
13 | | the victims of traffic crashes. |
14 | | (b) As used in this Section, "fatal crash accident |
15 | | memorial marker" means a marker on a highway in this State |
16 | | commemorating one or more persons who died as a proximate |
17 | | result of a crash caused by a driver who committed an act of |
18 | | reckless homicide in violation of Section 9-3 or 9-3.2 of the |
19 | | Criminal Code of 1961 or the Criminal Code of 2012 or who |
20 | | otherwise caused the death of one or more persons through the |
21 | | operation of a motor vehicle. |
22 | | (c) For purposes of the fatal crash accident memorial |
23 | | marker program in this Section, the provisions of Section 15 |
24 | | of this Act applicable to DUI memorial markers shall apply the |
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1 | | same to fatal crash accident memorial markers. |
2 | | (d) A fatal crash accident memorial marker shall consist |
3 | | of a white on blue panel bearing the message "Reckless Driving |
4 | | Costs Lives" if the victim or victims died as a proximate |
5 | | result of a crash caused by a driver who committed an act of |
6 | | reckless homicide in violation of Section 9-3 or 9-3.2 of the |
7 | | Criminal Code of 1961 or the Criminal Code of 2012. Otherwise, |
8 | | a fatal crash accident memorial marker shall consist of a |
9 | | white on blue panel bearing the message "Drive With Care". At |
10 | | the request of the qualified relative, a separate panel |
11 | | bearing the words "In Memory of (victim's name)", followed by |
12 | | the date of the crash that was the proximate cause of the loss |
13 | | of the victim's life, shall be mounted below the primary |
14 | | panel. |
15 | | (e) A fatal crash accident memorial marker may memorialize |
16 | | more than one victim who died as a result of the same crash. If |
17 | | one or more additional deaths subsequently occur in close |
18 | | proximity to an existing fatal crash accident memorial marker, |
19 | | the supporting jurisdiction may use the same marker to |
20 | | memorialize the subsequent death or deaths, by adding the |
21 | | names of the additional persons. |
22 | | (f) A fatal crash accident memorial marker shall be |
23 | | maintained for at least 2 years from the date the last person |
24 | | was memorialized on the marker. |
25 | | (g) The supporting jurisdiction has the right to install a |
26 | | marker at a location other than the location of the crash or to |
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1 | | relocate a marker due to restricted room, property owner |
2 | | complaints, interference with essential traffic control |
3 | | devices, safety concerns, or other restrictions. In these |
4 | | cases, the sponsoring jurisdiction may select an alternate |
5 | | location. |
6 | | (h) The Department shall secure the consent of any |
7 | | municipality before placing a fatal crash accident memorial |
8 | | marker within the corporate limits of the municipality. |
9 | | (i) A fee in an amount to be determined by the supporting |
10 | | jurisdiction shall be charged to the qualified relative. The |
11 | | fee shall not exceed the costs associated with the |
12 | | fabrication, installation, and maintenance of the fatal crash |
13 | | accident memorial marker. |
14 | | (j) The provisions of this Section shall apply to any |
15 | | fatal crash accident marker constructed on or after January 1, |
16 | | 2013.
|
17 | | (Source: P.A. 102-60, eff. 7-9-21.) |
18 | | Section 105. The Illinois Vehicle Code is amended by |
19 | | changing Sections 1-146.5, 1-159.2, 1-164.5, 1-187.001, |
20 | | 1-197.6, 2-118.1, 2-123, 4-203, 5-101, 5-101.1, 5-102, |
21 | | 5-102.8, 6-101, 6-106.1, 6-106.1a, 6-106.2, 6-106.3, 6-106.4, |
22 | | 6-107, 6-107.5, 6-108.1, 6-113, 6-117, 6-117.2, 6-201, 6-205, |
23 | | 6-206, 6-208.1, 6-303, 6-402, 6-420, 6-500, 6-500.2, 6-514, |
24 | | 6-516, 6-703, 6-1002, 6-1004, 6-1009, 7-201, 7-201.1, 7-201.2, |
25 | | 7-202, 7-203, 7-204, 7-208, 7-209, 7-211, 7-212, 7-214, 7-216, |
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1 | | 7-303, 7-309, 7-310, 7-311, 7-316, 7-317, 7-328, 7-329, 7-502, |
2 | | 7-504, 7-604, 9-105, 10-201, 11-208.6, 11-208.9, 11-401, |
3 | | 11-402, 11-403, 11-404, 11-407, 11-408, 11-409, 11-411, |
4 | | 11-412, 11-413, 11-414, 11-415, 11-416, 11-417, 11-501, |
5 | | 11-501.1, 11-501.2, 11-501.4-1, 11-501.6, 11-501.7, 11-501.8, |
6 | | 11-506, 11-610, 11-1431, 12-215, 12-604.1, 12-610.1, 12-610.2, |
7 | | 12-707.01, 13-109, 13-111, 15-301, 16-108, 18a-301, 18b-105, |
8 | | 18b-108, 18c-6502, 18c-7402, and 20-202 and the headings of |
9 | | Article II of Chapter 7 and Article IV of Chapter 11 and by |
10 | | adding Section 20-205 as follows: |
11 | | (625 ILCS 5/1-146.5) |
12 | | Sec. 1-146.5. Motor vehicle crash accident data. Any |
13 | | information generated from a motor vehicle crash accident |
14 | | report or supplemental report, but shall not include a copy of |
15 | | the motor vehicle crash accident report or supplemental |
16 | | report, personally identifying information as defined in |
17 | | Section 1-159.2 of this Code, or any other information |
18 | | disclosure 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. |
22 | | Information that
identifies an individual, including his or |
23 | | her driver's license number, name, address (but not the 5 |
24 | | digit zip
code), date of birth, height, weight, hair color, |
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1 | | eye color, email address, and
telephone number, but
|
2 | | "personally
identifying information" does not include |
3 | | information on vehicular crashes accidents ,
driving |
4 | | violations, 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 |
8 | | ability to
respond in damages for any liability thereafter |
9 | | incurred resulting from the
ownership, maintenance, use or |
10 | | operation of a motor vehicle for bodily injury
to or death of |
11 | | any person in the amount of $25,000, and subject to this limit
|
12 | | for any one person injured or killed, in the amount of $50,000 |
13 | | for bodily
injury to or death of 2 or more persons in any one |
14 | | crash accident , and for damage to
property in the amount of |
15 | | $20,000 resulting from any one crash accident . This proof
in |
16 | | these amounts shall be furnished for each motor vehicle |
17 | | registered by every
person required to furnish this proof. The |
18 | | changes to this Section made by this amendatory Act of the 98th |
19 | | General Assembly apply only to policies issued or renewed on |
20 | | or 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:
|
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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 |
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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 |
11 | | ordinance of any state
relating to motor vehicle traffic |
12 | | control, other than a parking violation.
|
13 | | (c) A violation of any of these defined serious traffic |
14 | | offenses shall
not preclude the defendant from being eligible |
15 | | to receive an order of court
supervision under Section 5-6-1 |
16 | | of 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 |
20 | | privileges. The revocation by the Secretary of State of a |
21 | | person's license or privilege to operate a motor vehicle on |
22 | | the public highways for the period provided in Section |
23 | | 6-208.1. Reinstatement after the revocation period shall occur |
24 | | after the person has been approved for reinstatement through |
25 | | an administrative hearing with the Secretary of State, has |
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1 | | filed proof of financial responsibility, has paid the |
2 | | reinstatement fee as provided in Section 6-118, and has |
3 | | successfully completed all necessary examinations. The basis |
4 | | for this revocation of driving privileges shall be the |
5 | | individual's refusal to submit to or failure to complete a |
6 | | chemical test or tests following an arrest for the offense of |
7 | | driving under the influence of alcohol, other drugs, or |
8 | | intoxicating compounds, or any combination thereof involving a |
9 | | motor vehicle crash accident that caused personal injury or |
10 | | death to another, as provided in Section 11-501.1 of this |
11 | | Code.
|
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 |
15 | | alcohol
or other drug related suspension or revocation |
16 | | pursuant to Section 11-501.1. |
17 | | (a) A statutory summary suspension or revocation of |
18 | | driving privileges under Section
11-501.1 shall not become |
19 | | effective until the person is notified in writing of
the |
20 | | impending suspension or revocation and informed that he may |
21 | | request a hearing in the
circuit court of venue under |
22 | | paragraph (b) of this Section and the statutory
summary |
23 | | suspension or revocation shall become effective as provided in |
24 | | Section 11-501.1. |
25 | | (b) Within 90 days after the notice of statutory summary
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1 | | suspension or revocation served under Section
11-501.1, the |
2 | | person may make a written request for a judicial hearing in
the |
3 | | circuit court of venue. The request to the circuit court shall |
4 | | state
the grounds upon which the person seeks to have the |
5 | | statutory summary
suspension or revocation rescinded. Within |
6 | | 30 days after receipt of the written request
or the first |
7 | | appearance date on the Uniform Traffic Ticket issued pursuant
|
8 | | to a violation of Section 11-501, or a similar provision of a |
9 | | local
ordinance, the hearing shall be conducted by the circuit |
10 | | court having
jurisdiction. This judicial hearing, request, or |
11 | | process shall not stay or
delay the statutory summary |
12 | | suspension or revocation. The hearings shall proceed in the
|
13 | | court in the same manner as in other civil proceedings. |
14 | | The hearing may be conducted upon a review of the law |
15 | | enforcement
officer's own official reports; provided however, |
16 | | that the person may
subpoena the officer. Failure of the |
17 | | officer to answer the subpoena shall
be considered grounds for |
18 | | a continuance if in the court's discretion the
continuance is |
19 | | appropriate. |
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 |
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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 |
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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 |
8 | | court shall
sustain or rescind the statutory summary |
9 | | suspension or revocation and immediately notify
the Secretary |
10 | | of State. Reports received by the Secretary of State under
|
11 | | this Section shall be privileged information and for use only |
12 | | by the
courts, police officers, and Secretary of State. |
13 | | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; |
14 | | 99-697, 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 |
18 | | Secretary may make the
driver's license, vehicle and title |
19 | | registration lists, in part or in whole,
and any statistical |
20 | | information derived from these lists available to local
|
21 | | governments, elected state officials, state educational |
22 | | institutions, and all
other governmental units of the State |
23 | | and Federal
Government
requesting them for governmental |
24 | | purposes. The Secretary shall require any such
applicant for |
25 | | services to pay for the costs of furnishing such services and |
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1 | | the
use of the equipment involved, and in addition is |
2 | | empowered to establish prices
and charges for the services so |
3 | | furnished and for the use of the electronic
equipment |
4 | | utilized.
|
5 | | (b) The Secretary is further empowered to and he may, in |
6 | | his discretion,
furnish to any applicant, other than listed in |
7 | | subsection (a) of this Section,
vehicle or driver data on a |
8 | | computer tape, disk, other electronic format or
computer |
9 | | processable medium, or printout at a fixed fee of
$250 for |
10 | | orders received before October 1, 2003 and $500 for orders |
11 | | received
on or after October 1, 2003, in advance, and require |
12 | | in addition a
further sufficient
deposit based upon the |
13 | | Secretary of State's estimate of the total cost of the
|
14 | | information requested and a charge of $25 for orders received |
15 | | before October
1, 2003 and $50 for orders received on or after |
16 | | October 1, 2003, per 1,000
units or part
thereof identified or |
17 | | the actual cost, whichever is greater. The Secretary is
|
18 | | authorized to refund any difference between the additional |
19 | | deposit and the
actual cost of the request. This service shall |
20 | | not be in lieu of an abstract
of a driver's record nor of a |
21 | | title or registration search. This service may
be limited to |
22 | | entities purchasing a minimum number of records as required by
|
23 | | administrative rule. The information
sold pursuant to this |
24 | | subsection shall be the entire vehicle or driver data
list, or |
25 | | part thereof. The information sold pursuant to this subsection
|
26 | | shall not contain personally identifying information unless |
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1 | | the information is
to be used for one of the purposes |
2 | | identified in subsection (f-5) of this
Section. Commercial |
3 | | purchasers of driver and vehicle record databases shall
enter |
4 | | into a written agreement with the Secretary of State that |
5 | | includes
disclosure of the commercial use of the information |
6 | | to be purchased. |
7 | | (b-1) The Secretary is further empowered to and may, in |
8 | | his or her discretion, furnish vehicle or driver data on a |
9 | | computer tape, disk, or other electronic format or computer |
10 | | processible medium, at no fee, to any State or local |
11 | | governmental agency that uses the information provided by the |
12 | | Secretary to transmit data back to the Secretary that enables |
13 | | the Secretary to maintain accurate driving records, including |
14 | | dispositions of traffic cases. This information may be |
15 | | provided without fee not more often than once every 6 months.
|
16 | | (c) Secretary of State may issue registration lists. The |
17 | | Secretary
of State may compile a list of all registered
|
18 | | vehicles. Each list of registered vehicles shall be arranged |
19 | | serially
according to the registration numbers assigned to |
20 | | registered vehicles and
may contain in addition the names and |
21 | | addresses of registered owners and
a brief description of each |
22 | | vehicle including the serial or other
identifying number |
23 | | thereof. Such compilation may be in such form as in the
|
24 | | discretion of the Secretary of State may seem best for the |
25 | | purposes intended.
|
26 | | (d) The Secretary of State shall furnish no more than 2 |
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1 | | current available
lists of such registrations to the sheriffs |
2 | | of all counties and to the chiefs
of police of all cities and |
3 | | villages and towns of 2,000 population and over
in this State |
4 | | at no cost. Additional copies may be purchased by the sheriffs
|
5 | | or chiefs of police at the fee
of $500 each or at the cost of |
6 | | producing the list as determined
by the Secretary of State. |
7 | | Such 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 |
11 | | registration search of the
records of his office and a written |
12 | | report on the same for any person, upon
written application of |
13 | | such person, accompanied by a fee of $5 for
each registration |
14 | | or title search. The written application shall set forth
the |
15 | | intended use of the requested information. No fee shall be |
16 | | charged for a
title or
registration search, or for the |
17 | | certification thereof requested by a government
agency. The |
18 | | report of the title or registration search shall not contain
|
19 | | personally identifying information unless the request for a |
20 | | search was made for
one of the purposes identified in |
21 | | subsection (f-5) of this Section. The report of the title or |
22 | | registration search shall not contain highly
restricted |
23 | | personal
information unless specifically authorized by this |
24 | | Code.
|
25 | | The Secretary of State shall certify a title or |
26 | | registration record upon
written request. The fee for |
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1 | | certification shall be $5 in addition
to the fee required for a |
2 | | title or registration search. Certification shall
be made |
3 | | under the signature of the Secretary of State and shall be
|
4 | | authenticated by Seal of the Secretary of State.
|
5 | | The Secretary of State may notify the vehicle owner or |
6 | | registrant of
the request for purchase of his title or |
7 | | registration information as the
Secretary deems appropriate.
|
8 | | No information shall be released to the requester until |
9 | | expiration of a 10-day
period. This 10-day period shall not |
10 | | apply to requests for
information made by law enforcement |
11 | | officials, government agencies,
financial institutions, |
12 | | attorneys, insurers, employers, automobile
associated |
13 | | businesses, persons licensed as a private detective or firms
|
14 | | licensed as a private detective agency under the Private |
15 | | Detective, Private
Alarm, Private Security, Fingerprint |
16 | | Vendor, and Locksmith Act of 2004, who are employed by or are
|
17 | | acting on
behalf of law enforcement officials, government |
18 | | agencies, financial
institutions, attorneys, insurers, |
19 | | employers, automobile associated businesses,
and other |
20 | | business entities for purposes consistent with the Illinois |
21 | | Vehicle
Code, the vehicle owner or registrant or other |
22 | | entities as the Secretary may
exempt by rule and regulation.
|
23 | | Any misrepresentation made by a requester of title or |
24 | | vehicle information
shall be punishable as a petty offense, |
25 | | except in the case of persons
licensed as a private detective |
26 | | or firms licensed as a private detective agency
which shall be |
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1 | | subject to disciplinary sanctions under Section 40-10 of the
|
2 | | Private Detective, Private Alarm, Private Security, |
3 | | Fingerprint Vendor, and Locksmith Act of 2004.
|
4 | | (f-5) The Secretary of State shall not disclose or |
5 | | otherwise make
available to
any person or entity any |
6 | | personally identifying information obtained by the
Secretary
|
7 | | of State in connection with a driver's license, vehicle, or |
8 | | title registration
record
unless the information is disclosed |
9 | | for 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 |
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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 |
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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 |
24 | | otherwise make
available to any
person or entity any highly |
25 | | restricted personal information obtained by the
Secretary of
|
26 | | State in connection with a driver's license, vehicle, or
title |
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1 | | registration
record unless
specifically authorized by this |
2 | | Code.
|
3 | | (g) 1. The Secretary of State may, upon receipt of a |
4 | | written request
and a fee as set forth in Section 6-118, |
5 | | furnish to the person or agency so requesting a
driver's |
6 | | record or data contained therein. Such document may include a |
7 | | record of: current driver's
license issuance information, |
8 | | except that the information on judicial driving
permits shall |
9 | | be available only as otherwise provided by this Code;
|
10 | | convictions; orders entered revoking, suspending or cancelling |
11 | | a
driver's
license or privilege; and notations of crash |
12 | | accident involvement. All other
information, unless otherwise |
13 | | permitted by
this Code, shall remain confidential. Information |
14 | | released pursuant to a
request for a driver's record shall not |
15 | | contain personally identifying
information, unless the request |
16 | | for the driver's record was made for one of the
purposes set |
17 | | forth in subsection (f-5) of this Section. The Secretary of |
18 | | State may, without fee, allow a parent or guardian of a person |
19 | | under the age of 18 years, who holds an instruction permit or |
20 | | graduated driver's license, to view that person's driving |
21 | | record online, through a computer connection.
The parent or |
22 | | guardian's online access to the driving record will terminate |
23 | | when the instruction permit or graduated driver's license |
24 | | holder reaches the age of 18.
|
25 | | 2. The Secretary of State shall not disclose or otherwise |
26 | | make available
to any
person or
entity any highly restricted |
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1 | | personal information obtained by the Secretary of
State in
|
2 | | connection with a driver's license, vehicle, or title
|
3 | | registration record
unless specifically
authorized by this |
4 | | Code. The Secretary of State may certify an abstract of a |
5 | | driver's record
upon written request therefor. Such |
6 | | certification
shall be made under the signature of the |
7 | | Secretary of State and shall be
authenticated by the Seal of |
8 | | his office.
|
9 | | 3. All requests for driving record information shall be |
10 | | made in a manner
prescribed by the Secretary and shall set |
11 | | forth the intended use of the
requested information.
|
12 | | The Secretary of State may notify the affected driver of |
13 | | the request
for purchase of his driver's record as the |
14 | | Secretary deems appropriate.
|
15 | | No information shall be released to the requester until |
16 | | expiration of a 10-day
period. This 10-day period shall not |
17 | | apply to requests for information
made by law enforcement |
18 | | officials, government agencies, financial institutions,
|
19 | | attorneys, insurers, employers, automobile associated |
20 | | businesses, persons
licensed as a private detective or firms |
21 | | licensed as a private detective agency
under the Private |
22 | | Detective, Private Alarm, Private Security, Fingerprint |
23 | | Vendor, and Locksmith Act
of 2004,
who are employed by or are |
24 | | acting on behalf of law enforcement officials,
government |
25 | | agencies, financial institutions, attorneys, insurers, |
26 | | employers,
automobile associated businesses, and other |
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1 | | business entities for purposes
consistent with the Illinois |
2 | | Vehicle Code, the affected driver or other
entities as the |
3 | | Secretary may exempt by rule and regulation.
|
4 | | Any misrepresentation made by a requester of driver |
5 | | information shall
be punishable as a petty offense, except in |
6 | | the case of persons licensed as
a private detective or firms |
7 | | licensed as a private detective agency which shall
be subject |
8 | | to disciplinary sanctions under Section 40-10 of the Private
|
9 | | Detective, Private Alarm, Private Security, Fingerprint |
10 | | Vendor, and Locksmith Act of 2004.
|
11 | | 4. The Secretary of State may furnish without fee, upon |
12 | | the written
request of a law enforcement agency, any |
13 | | information from a driver's
record on file with the Secretary |
14 | | of State when such information is required
in the enforcement |
15 | | of this Code or any other law relating to the operation
of |
16 | | motor vehicles, including records of dispositions; documented
|
17 | | information involving the use of a motor vehicle; whether such |
18 | | individual
has, or previously had, a driver's license; and the |
19 | | address and personal
description as reflected on said driver's |
20 | | record.
|
21 | | 5. Except as otherwise provided in this Section, the |
22 | | Secretary of
State may furnish, without fee, information from |
23 | | an individual driver's
record on file, if a written request |
24 | | therefor is submitted
by any public transit system or |
25 | | authority, public defender, law enforcement
agency, a state or |
26 | | federal agency, or an Illinois local intergovernmental
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1 | | association, if the request is for the purpose of a background |
2 | | check of
applicants for employment with the requesting agency, |
3 | | or for the purpose of
an official investigation conducted by |
4 | | the agency, or to determine a
current address for the driver so |
5 | | public funds can be recovered or paid to
the driver, or for any |
6 | | other purpose set forth in subsection (f-5)
of this Section.
|
7 | | The Secretary may also furnish the courts a copy of an |
8 | | abstract of a
driver's record, without fee, subsequent to an |
9 | | arrest for a violation of
Section 11-501 or a similar |
10 | | provision of a local ordinance. Such abstract
may include |
11 | | records of dispositions; documented information involving
the |
12 | | use of a motor vehicle as contained in the current file; |
13 | | whether such
individual has, or previously had, a driver's |
14 | | license; and the address and
personal description as reflected |
15 | | on said driver's record.
|
16 | | 6. Any certified abstract issued by the Secretary of State |
17 | | or
transmitted electronically by the Secretary of State |
18 | | pursuant to this
Section,
to a court or on request of a law |
19 | | enforcement agency, for the record of a
named person as to the |
20 | | status of the person's driver's license shall be
prima facie |
21 | | evidence of the facts therein stated and if the name appearing
|
22 | | in such abstract is the same as that of a person named in an |
23 | | information or
warrant, such abstract shall be prima facie |
24 | | evidence that the person named
in such information or warrant |
25 | | is the same person as the person named in
such abstract and |
26 | | shall be admissible for any prosecution under this Code and
be |
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1 | | admitted as proof of any prior conviction or proof of records, |
2 | | notices, or
orders recorded on individual driving records |
3 | | maintained by the Secretary of
State.
|
4 | | 7. Subject to any restrictions contained in the Juvenile |
5 | | Court Act of
1987, and upon receipt of a proper request and a |
6 | | fee as set forth in Section 6-118, the
Secretary of
State shall |
7 | | provide a driver's record or data contained therein to the |
8 | | affected driver, or the affected
driver's attorney, upon |
9 | | verification. Such record shall contain all the
information |
10 | | referred to in paragraph 1 of this subsection (g) plus: any
|
11 | | recorded crash accident involvement as a driver; information |
12 | | recorded pursuant to
subsection (e) of Section 6-117 and |
13 | | paragraph (4) of subsection (a) of
Section 6-204 of this Code. |
14 | | All other information, unless otherwise permitted
by this |
15 | | Code, shall remain confidential.
|
16 | | (h) The Secretary shall not disclose social security |
17 | | numbers or any associated information obtained from the Social |
18 | | Security Administration except pursuant
to a written request |
19 | | by, or with the prior written consent of, the
individual |
20 | | except: (1) to officers and employees of the Secretary
who
|
21 | | have a need to know the social security numbers in performance |
22 | | of their
official duties, (2) to law enforcement officials for |
23 | | a civil or
criminal law enforcement investigation, and if an |
24 | | officer of the law enforcement
agency has made a written |
25 | | request to the Secretary specifying the law
enforcement |
26 | | investigation for which the social security numbers are being
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1 | | sought, though the Secretary retains the right to require |
2 | | additional verification regarding the validity of the request, |
3 | | (3) to the United States Department of Transportation, or any |
4 | | other
State, pursuant to the administration and enforcement of |
5 | | the Commercial
Motor Vehicle Safety Act of 1986 or |
6 | | participation in State-to-State verification service, (4) |
7 | | pursuant 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 |
10 | | child support enforcement duties assigned to that Department |
11 | | under
provisions of the Illinois Public Aid Code after the |
12 | | individual has received advanced
meaningful notification of |
13 | | what redisclosure is sought by the Secretary in
accordance |
14 | | with the federal Privacy Act, (5.5) to the Department of |
15 | | Healthcare and Family Services and the Department of Human |
16 | | Services solely for the purpose of verifying Illinois |
17 | | residency where such residency is an eligibility requirement |
18 | | for benefits under the Illinois Public Aid Code or any other |
19 | | health benefit program administered by the Department of |
20 | | Healthcare and Family Services or the Department of Human |
21 | | Services, (6) to the Illinois Department of Revenue solely for |
22 | | use by the Department in the collection of any tax or debt that |
23 | | the Department of Revenue is authorized or required by law to |
24 | | collect, provided that the Department shall not disclose the |
25 | | social security number to any person or entity outside of the |
26 | | Department, (7) to the Illinois Department of Veterans' |
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1 | | Affairs for the purpose of confirming veteran status, or (8) |
2 | | the last 4 digits to the Illinois State Board of Elections for |
3 | | purposes of voter registration and as may be required pursuant |
4 | | to an agreement for a multi-state voter registration list |
5 | | maintenance system. If social security information is |
6 | | disclosed by the Secretary in accordance with this Section, no |
7 | | liability shall rest with the Office of the Secretary of State |
8 | | or any of its officers or employees, as the information is |
9 | | released for official purposes only.
|
10 | | (i) (Blank).
|
11 | | (j) Medical statements or medical reports received in the |
12 | | Secretary of
State's Office shall be confidential. Except as |
13 | | provided in this Section, no confidential information may be
|
14 | | open to public inspection or the contents disclosed to anyone, |
15 | | except
officers and employees of the Secretary who have a need |
16 | | to know the information
contained in the medical reports and |
17 | | the Driver License Medical Advisory
Board, unless so directed |
18 | | by an order of a court of competent jurisdiction. If the |
19 | | Secretary receives a medical report regarding a driver that |
20 | | does not address a medical condition contained in a previous |
21 | | medical report, the Secretary may disclose the unaddressed |
22 | | medical condition to the driver or his or her physician, or |
23 | | both, solely for the purpose of submission of a medical report |
24 | | that addresses the condition.
|
25 | | (k) Disbursement of fees collected under this Section |
26 | | shall be as follows: (1) of the $12 fee for a driver's record, |
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1 | | $3 shall be paid into the Secretary of State Special Services |
2 | | Fund, and $6 shall be paid into the General Revenue Fund; (2) |
3 | | 50% of the amounts collected under subsection (b) shall be |
4 | | paid into the General Revenue Fund; and (3) all remaining fees |
5 | | shall be disbursed under subsection (g) of Section 2-119 of |
6 | | this Code.
|
7 | | (l) (Blank).
|
8 | | (m) Notations of crash accident involvement that may be |
9 | | disclosed under this
Section shall not include notations |
10 | | relating to damage to a vehicle or other
property being |
11 | | transported by a tow truck. This information shall remain
|
12 | | confidential, provided that nothing in this subsection (m) |
13 | | shall limit
disclosure of any notification of crash accident |
14 | | involvement to any law enforcement
agency or official.
|
15 | | (n) Requests made by the news media for driver's license, |
16 | | vehicle, or
title registration information may be furnished |
17 | | without charge or at a reduced
charge, as determined by the |
18 | | Secretary, when the specific purpose for
requesting the |
19 | | documents is deemed to be in the public interest. Waiver or
|
20 | | reduction of the fee is in the public interest if the principal |
21 | | purpose of the
request is to access and disseminate |
22 | | information regarding the health, safety,
and welfare or the |
23 | | legal rights of the general public and is not for the
principal |
24 | | purpose of gaining a personal or commercial benefit.
The |
25 | | information provided pursuant to this subsection shall not |
26 | | contain
personally identifying information unless the |
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1 | | information is to be used for one
of the
purposes identified in |
2 | | subsection (f-5) of this Section.
|
3 | | (o) The redisclosure of personally identifying information
|
4 | | obtained
pursuant
to this Section is prohibited, except to the |
5 | | extent necessary to effectuate the
purpose
for which the |
6 | | original disclosure of the information was permitted.
|
7 | | (p) The Secretary of State is empowered to adopt rules
to
|
8 | | effectuate this Section.
|
9 | | (Source: P.A. 100-590, eff. 6-8-18; 101-81, eff. 7-12-19; |
10 | | 101-326, 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; |
13 | | towing or
hauling away.
|
14 | | (a) When a vehicle is abandoned, or left unattended, on a |
15 | | toll
highway, interstate highway, or expressway for 2 hours or |
16 | | more, its
removal by a towing service may be authorized by a |
17 | | law enforcement
agency having jurisdiction.
|
18 | | (b) When a vehicle is abandoned on a highway in an urban |
19 | | district 10
hours or more, its removal by a towing service may |
20 | | be authorized by a
law enforcement agency having jurisdiction.
|
21 | | (c) When a vehicle is abandoned or left unattended on a |
22 | | highway
other than a toll highway, interstate highway, or |
23 | | expressway, outside of
an urban district for 24 hours or more, |
24 | | its removal by a towing service
may be authorized by a law |
25 | | enforcement agency having jurisdiction.
|
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1 | | (d) When an abandoned, unattended, wrecked, burned or |
2 | | partially
dismantled vehicle is creating a traffic hazard |
3 | | because of its position
in relation to the highway or its |
4 | | physical appearance is causing the
impeding of traffic, its |
5 | | immediate removal from the highway or private
property |
6 | | adjacent to the highway by a towing service may be authorized
|
7 | | by a law enforcement agency having jurisdiction.
|
8 | | (e) Whenever a
peace officer reasonably believes that a |
9 | | person under
arrest for a violation of Section 11-501 of this |
10 | | Code or a similar
provision of a local ordinance is likely, |
11 | | upon release, to commit a
subsequent violation of Section |
12 | | 11-501, or a similar provision of a local
ordinance, the |
13 | | arresting officer shall have the vehicle which the person
was |
14 | | operating at the time of the arrest impounded for a period of |
15 | | 12 hours after the time of arrest. However, such vehicle may be
|
16 | | released by the arresting law enforcement agency prior to the |
17 | | end 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, |
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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 |
10 | | into custody for
operating the vehicle in violation of Section |
11 | | 11-501 of this Code or a similar
provision of a local ordinance |
12 | | or Section 6-303 of this Code, a
law enforcement officer
may |
13 | | have the vehicle immediately impounded for a period not less |
14 | | than:
|
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 |
24 | | by the person
under arrest and the person under arrest gives |
25 | | permission to another person to
operate the vehicle and that |
26 | | other person possesses a valid operator's license
and would |
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1 | | not, as determined by the arresting law enforcement agency, |
2 | | indicate
a lack of ability to operate a motor vehicle in a safe |
3 | | manner or would
otherwise, by operating the motor vehicle, be |
4 | | in violation of this Code.
|
5 | | (f) Except as provided in Chapter 18a of this Code, the |
6 | | owner or
lessor of privately owned real property within this |
7 | | State, or any person
authorized by such owner or lessor, or any |
8 | | law enforcement agency in the
case of publicly owned real |
9 | | property may cause any motor vehicle abandoned
or left |
10 | | unattended upon such property without permission to be removed |
11 | | by a
towing service without liability for the costs of |
12 | | removal, transportation
or storage or damage caused by such |
13 | | removal, transportation or storage.
The towing or removal of |
14 | | any vehicle from private property without the
consent of the |
15 | | registered owner or other legally authorized person in
control |
16 | | of the vehicle is subject to compliance with the following
|
17 | | conditions 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 |
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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 |
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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 |
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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 |
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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 |
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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 |
24 | | restrictions of
this subsection shall be guilty of a Class C |
25 | | misdemeanor and shall be fined
not less than $100 nor more than |
26 | | $500.
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1 | | (g)(1) When a vehicle is determined to be a hazardous |
2 | | dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the |
3 | | Illinois Municipal Code or Section 5-12002.1 of the Counties |
4 | | Code, its
removal and impoundment by a towing service may be |
5 | | authorized by a law
enforcement agency with appropriate |
6 | | jurisdiction.
|
7 | | (2) When a vehicle removal from either public or private |
8 | | property is
authorized by a law enforcement agency, the owner |
9 | | of the vehicle shall be
responsible for all towing and storage |
10 | | charges.
|
11 | | (3) Vehicles removed from public or private property and
|
12 | | stored by a commercial vehicle relocator or any other towing |
13 | | service authorized by a law enforcement agency in
compliance |
14 | | with this Section and Sections 4-201 and 4-202
of this Code, or |
15 | | at the request of the vehicle owner or operator,
shall
be |
16 | | subject to a possessor lien for services
pursuant to the Labor |
17 | | and Storage Lien (Small Amount) Act. The provisions of Section |
18 | | 1 of that Act relating to notice
and implied consent shall be |
19 | | deemed satisfied by compliance with Section
18a-302 and |
20 | | subsection (6) of Section 18a-300. In no event shall such lien
|
21 | | be greater than the rate or rates established in accordance |
22 | | with subsection
(6) of Section 18a-200 of this Code. In no |
23 | | event shall such lien be
increased or altered to reflect any |
24 | | charge for services or materials
rendered in addition to those |
25 | | authorized by this Code. Every such lien
shall be payable in |
26 | | cash or by cashier's check, certified check, debit card, |
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1 | | credit card, or wire transfer, at the option of the party |
2 | | taking possession of the vehicle.
|
3 | | (4) Any personal property belonging to the vehicle owner |
4 | | in a vehicle subject to a lien under this
subsection
(g) shall |
5 | | likewise be subject to that lien, excepting only:
child |
6 | | restraint systems as defined in Section 4 of the Child |
7 | | Passenger Protection Act and other child booster seats; |
8 | | eyeglasses; food; medicine; perishable property; any |
9 | | operator's licenses; any cash, credit
cards, or checks or |
10 | | checkbooks; any wallet, purse, or other property
containing |
11 | | any operator's license or other identifying documents or |
12 | | materials,
cash, credit cards, checks, or checkbooks; and any |
13 | | personal property belonging to a person other than the vehicle |
14 | | owner if that person provides adequate proof that the personal |
15 | | property belongs to that person. The spouse, child, mother, |
16 | | father, brother, or sister of the vehicle owner may claim |
17 | | personal property excepted under this paragraph (4) if the |
18 | | person claiming the personal property provides the commercial |
19 | | vehicle relocator or towing service with the authorization of |
20 | | the vehicle owner. |
21 | | (5) This paragraph (5) applies only in the case of a |
22 | | vehicle that is towed as a result of being involved in a crash |
23 | | an accident . In addition to the personal property excepted |
24 | | under paragraph (4), all other personal property in a vehicle |
25 | | subject to a lien under this subsection (g) is exempt from that |
26 | | lien and may be claimed by the vehicle owner if the vehicle |
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1 | | owner provides the commercial vehicle relocator or towing |
2 | | service with proof that the vehicle owner has an insurance |
3 | | policy covering towing and storage fees. The spouse, child, |
4 | | mother, father, brother, or sister of the vehicle owner may |
5 | | claim personal property in a vehicle subject to a lien under |
6 | | this subsection (g) if the person claiming the personal |
7 | | property provides the commercial vehicle relocator or towing |
8 | | service with the authorization of the vehicle owner and proof |
9 | | that the vehicle owner has an insurance policy covering towing |
10 | | and storage fees. The regulation of liens on personal property |
11 | | and exceptions to those liens in the case of vehicles towed as |
12 | | a result of being involved in a crash an accident are
exclusive |
13 | | powers and functions of the State. A home
rule unit may not |
14 | | regulate liens on personal property and exceptions to those |
15 | | liens in the case of vehicles towed as a result of being |
16 | | involved in a crash an accident . This paragraph (5) is a denial |
17 | | and
limitation of home rule powers and functions under
|
18 | | subsection (h) of Section 6 of Article VII of the
Illinois |
19 | | Constitution. |
20 | | (6) No lien under this subsection (g) shall:
exceed $2,000 |
21 | | in its total amount; or
be increased or altered to reflect any |
22 | | charge for services or
materials rendered in addition to those |
23 | | authorized by this Code.
|
24 | | (h) Whenever a peace officer issues a citation to a driver |
25 | | for a violation of subsection (a) of Section 11-506 of this |
26 | | Code, the arresting officer may have the vehicle which the |
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1 | | person was operating at the time of the arrest impounded for a |
2 | | period of 5 days after the time of arrest.
An impounding agency |
3 | | shall release a motor vehicle impounded under this subsection |
4 | | (h) to the registered owner of the vehicle under any of the |
5 | | following 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 |
21 | | Section 7-601 of this Code, whenever a law enforcement officer |
22 | | issues a citation to a driver for a violation of Section 3-707 |
23 | | of this Code, and the driver has a prior conviction for a |
24 | | violation of Section 3-707 of this Code in the past 12 months, |
25 | | the arresting officer shall authorize the removal and |
26 | | impoundment of the vehicle by a towing service. |
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1 | | (Source: P.A. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17; |
2 | | 100-537, 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 |
6 | | selling
or dealing in, on consignment or otherwise, new |
7 | | vehicles of any make, or
act as an intermediary or agent or |
8 | | broker for any licensed dealer or
vehicle purchaser other than |
9 | | as a salesperson, or represent or advertise
that he is so |
10 | | engaged or intends to so engage in such business unless
|
11 | | licensed to do so in writing by the Secretary of State under |
12 | | the
provisions of this Section.
|
13 | | (b) An application for a new vehicle dealer's license |
14 | | shall be filed
with the Secretary of State, duly verified by |
15 | | oath, on such form as the
Secretary of State may by rule or |
16 | | regulation 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
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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 |
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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 |
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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 |
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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 |
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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; |
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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 |
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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;
|
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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;
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1 | | (G) Part 8 of Article XII of the Code of Civil |
2 | | Procedure; or
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3 | | (H) The Consumer Fraud Act.
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4 | | 9.5. A statement that, within 10 years of application,
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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 |
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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
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4 | | taxes (excluding taxes under the Retailers' Occupation Tax |
5 | | Act) accepted by the
applicant as a new vehicle dealer.
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6 | | 11. Such other information concerning the business of |
7 | | the applicant as
the Secretary of State may by rule or |
8 | | regulation prescribe.
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9 | | 12. A statement that the applicant understands Chapter |
10 | | 1 through
Chapter 5 of this Code.
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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 |
16 | | information
contained in any application for a new vehicle |
17 | | dealer's license shall be
amended within 30 days after the |
18 | | occurrence of such change on such form
as the Secretary of |
19 | | State may prescribe by rule or regulation,
accompanied by an |
20 | | amendatory fee of $2.
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21 | | (d) Anything in this Chapter 5 to the contrary |
22 | | notwithstanding no
person shall be licensed as a new vehicle |
23 | | dealer unless:
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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
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1 | | 2. Such person shall maintain an established place of |
2 | | business as
defined in this Act.
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3 | | (e) The Secretary of State shall, within a reasonable time |
4 | | after
receipt, examine an application submitted to him under |
5 | | this Section and
unless he makes a determination that the |
6 | | application submitted to him
does not conform with the |
7 | | requirements of this Section or that grounds
exist for a |
8 | | denial of the application, under Section 5-501 of this
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9 | | Chapter, grant the applicant an original new vehicle dealer's |
10 | | license in
writing for his established place of business and a |
11 | | supplemental license
in writing for each additional place of |
12 | | business in such form as he may
prescribe by rule or regulation |
13 | | which shall include the following:
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14 | | 1. The name of the person licensed;
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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
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20 | | manager;
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21 | | 3. In the case of an original license, the established |
22 | | place of
business of the licensee;
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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;
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1 | | 5. The make or makes of new vehicles which the |
2 | | licensee is licensed
to sell;
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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 |
8 | | certified
copy thereof, provided by the Secretary of State, |
9 | | shall be kept posted
conspicuously in the established place of |
10 | | business of the licensee and
in each additional place of |
11 | | business, if any, maintained by such
licensee.
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12 | | (g) Except as provided in subsection (h) hereof, all new |
13 | | vehicle
dealer's licenses granted under this Section shall |
14 | | expire by operation
of law on December 31 of the calendar year |
15 | | for which they are granted
unless sooner revoked or cancelled |
16 | | under the provisions of Section 5-501
of this Chapter.
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17 | | (h) A new vehicle dealer's license may be renewed upon |
18 | | application
and payment of the fee required herein, and |
19 | | submission of proof of
coverage under an approved bond under |
20 | | the Retailers' Occupation Tax
Act or proof that applicant is |
21 | | not subject to such bonding
requirements, as in the case of an |
22 | | original license, but in case an
application for the renewal |
23 | | of an effective license is made during the
month of December, |
24 | | the effective license shall remain in force until the
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25 | | application is granted or denied by the Secretary of State.
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26 | | (i) All persons licensed as a new vehicle dealer are |
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1 | | required to
furnish each purchaser of a motor vehicle:
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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;
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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;
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10 | | 3. A bill of sale properly executed on behalf of such |
11 | | person;
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12 | | 4. A copy of the Uniform Invoice-transaction reporting |
13 | | return
referred to in Section 5-402 hereof;
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14 | | 5. In the case of a rebuilt vehicle, a copy of the |
15 | | Disclosure of Rebuilt
Vehicle Status; and
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16 | | 6. In the case of a vehicle for which the warranty has |
17 | | been reinstated, a
copy of the warranty.
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18 | | (j) Except at the time of sale or repossession of the |
19 | | vehicle, no person
licensed as a new vehicle dealer may issue |
20 | | any other person a newly created
key to a vehicle unless the |
21 | | new vehicle dealer makes a color photocopy or electronic scan |
22 | | of the driver's
license or State identification card of the |
23 | | person requesting or obtaining the
newly created key. The new |
24 | | vehicle dealer must retain the photocopy or scan for 30 days.
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25 | | A new vehicle dealer who violates this subsection (j) is |
26 | | guilty of a
petty offense. Violation of this subsection (j) is |
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1 | | not cause to suspend,
revoke,
cancel, or deny renewal of the |
2 | | new vehicle dealer's license.
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3 | | This amendatory Act of 1983 shall be applicable to the |
4 | | 1984 registration
year and thereafter.
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5 | | (k) If a licensee under this Section voluntarily |
6 | | surrenders a license to the Illinois Secretary of State Police |
7 | | or a representative of the Secretary of State Vehicle Services |
8 | | Department due to the licensee's inability to adhere to |
9 | | recordkeeping provisions, or the inability to properly issue |
10 | | certificates of title or registrations under this Code, or the |
11 | | Secretary revokes a license under this Section, then the |
12 | | licensee and the licensee's agent, designee, or legal |
13 | | representative, if applicable, may not be named on a new |
14 | | application for a licensee under this Section or under this |
15 | | Chapter, nor is the licensee or the licensee's agent, |
16 | | designee, or legal representative permitted to work for |
17 | | another licensee under this Chapter in a recordkeeping, |
18 | | management, or financial position or as an employee who |
19 | | handles certificate of title and registration documents and |
20 | | applications. |
21 | | (Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22 .)
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22 | | (625 ILCS 5/5-101.1)
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23 | | Sec. 5-101.1. Motor vehicle financing affiliates; |
24 | | licensing.
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25 | | (a) In this State no business shall engage in the business |
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1 | | of a motor
vehicle financing
affiliate without a license to do |
2 | | so in writing from the Secretary of State.
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3 | | (b) An application for a motor vehicle financing |
4 | | affiliate's license must be
filed with
the Secretary of State, |
5 | | duly verified by oath, on a form prescribed by the
Secretary of
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6 | | State and shall contain all of the following:
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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
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10 | | State.
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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.
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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
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20 | | residential address for each person listed.
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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).
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26 | | (5) The name of each manufacturer or franchised |
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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.
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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
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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.
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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
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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
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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).
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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
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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
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9 | | returnable only in the event that the application is |
10 | | denied by the Secretary of
State.
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11 | | (9) A statement incorporating the requirements of |
12 | | paragraphs 8 and 9 of
subsection (b) of Section 5-101.
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13 | | (10) Any other information concerning the business of |
14 | | the applicant as the
Secretary of State may prescribe.
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15 | | (11) A statement that the applicant understands |
16 | | Chapter 1 through Chapter
5 of
this Code.
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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 |
22 | | information contained in
any
application for a motor vehicle |
23 | | financing affiliate's license shall be amended
within 30
days |
24 | | after the occurrence of the change on a form prescribed by the |
25 | | Secretary
of State,
accompanied by an amendatory fee of $2.
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26 | | (d) If a new vehicle dealer is not listed on the |
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1 | | application, pursuant to
paragraph (2) of
subsection (b), the |
2 | | motor vehicle financing affiliate shall not receive,
possess, |
3 | | or transfer
any new vehicle. If a new motor vehicle dealer is |
4 | | listed on the application,
pursuant to
paragraph (2) of |
5 | | subsection (b), the new motor vehicle dealer can only receive
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6 | | those new
cars it is permitted to receive under its franchise |
7 | | agreement. If both a new
and used
motor vehicle dealer are |
8 | | listed on the application, pursuant to paragraph (2)
of |
9 | | subsection
(b), only the new motor vehicle dealer may receive |
10 | | new motor vehicles. If a
used motor
vehicle is listed on the |
11 | | application, pursuant to paragraph (2) of
subsection (b), the |
12 | | used
motor vehicle dealer shall not receive any new motor |
13 | | vehicles.
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14 | | (e) The applicant and dealer provided pursuant to |
15 | | paragraph (2) of
subsection (b)
must be business organizations |
16 | | registered to conduct business in Illinois.
Three-fourths
of |
17 | | the dealer's board of directors must be members of the motor |
18 | | vehicle
financing
affiliate's board of directors, if |
19 | | applicable.
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20 | | (f) Unless otherwise provided in this Chapter 5, no |
21 | | business organization
registered to
do business in Illinois |
22 | | shall be licensed as a motor vehicle financing
affiliate |
23 | | unless:
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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 |
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1 | | paragraph (2) of subsection (b).
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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
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5 | | vehicles the
motor vehicle financing affiliate has |
6 | | received under the contract set forth in
paragraph (5)
of |
7 | | subsection (b).
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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
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11 | | motor
vehicle franchise affiliate.
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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
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15 | | places of business as referenced in subsection (g).
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16 | | (g) The Secretary of State shall, within a reasonable time |
17 | | after receipt,
examine an
application submitted pursuant to |
18 | | this Section and, unless it is determined
that the
application |
19 | | does not conform with the requirements of this Section or that
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20 | | grounds exist
for a denial of the application under Section |
21 | | 5-501, grant the applicant a
motor vehicle
financing affiliate |
22 | | license in writing for the applicant's established place of
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23 | | business and
a supplemental license in writing for each |
24 | | additional place of business in a
form prescribed
by the |
25 | | Secretary, which shall include all of the following:
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26 | | (1) The name of the business licensed;
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1 | | (2) The name and address of its officers, directors, |
2 | | or members, as
applicable;
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3 | | (3) In the case of an original license, the |
4 | | established place of business
of the
licensee;
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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
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8 | | paragraph (2)
of subsection (b); and
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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 |
14 | | certified copy,
provided by
the Secretary of State, shall be |
15 | | kept posted conspicuously in the established
place of
business |
16 | | of the licensee.
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17 | | (i) Except as provided in subsection (h), all motor |
18 | | vehicle financing
affiliate's
licenses granted under this |
19 | | Section shall expired by operation of law on
December 31 of
the |
20 | | calendar year for which they are granted, unless revoked or |
21 | | canceled at an
earlier date
pursuant to Section 5-501.
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22 | | (j) A motor vehicle financing affiliate's license may be |
23 | | renewed upon
application and
payment of the required fee. |
24 | | However, when an application for renewal of a
motor
vehicle |
25 | | financing affiliate's license is made during the month of |
26 | | December, the
effective
license shall remain in force until |
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1 | | the application is granted or denied by the
Secretary of
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2 | | State.
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3 | | (k) The contract a motor vehicle financing affiliate has |
4 | | with a manufacturer
or
franchised distributor, as provided in |
5 | | paragraph (5) of subsection (b), shall
only permit
the |
6 | | applicant to sell, transfer, or assign new motor vehicles to |
7 | | the new motor
vehicle
dealer listed on the application |
8 | | pursuant to paragraph (2) of subsection (b).
The contract
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9 | | shall specifically prohibit the motor vehicle financing |
10 | | affiliate from selling
motor
vehicles at retail. This contract |
11 | | shall not be considered the granting of a
franchise as
defined |
12 | | in Section 2 of the Motor Vehicle Franchise Act.
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13 | | (l) When purchasing of a motor vehicle by a new or used |
14 | | motor vehicle
dealer, all
persons licensed as a motor vehicle |
15 | | financing affiliate are required to furnish
all of the
|
16 | | following:
|
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.
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1 | | (4) A copy of the Uniform Invoice-transaction report |
2 | | pursuant to Section
5-402.
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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.
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8 | | (m) The motor vehicle financing affiliate shall use the |
9 | | established and
supplemental
place or places of business the |
10 | | new or used vehicle dealer listed on the
application
pursuant |
11 | | to paragraph (2) of subsection (b) as its established and |
12 | | supplemental
place or
places of business.
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13 | | (n) The motor vehicle financing affiliate shall keep all |
14 | | books and records
required by
this Code with the books and |
15 | | records of the new or used vehicle dealer listed
on the
|
16 | | application pursuant to paragraph (2) of subsection (b). The |
17 | | motor vehicle
financing
affiliate may use the books and |
18 | | records of the new or used motor vehicle dealer
listed on
the |
19 | | application pursuant to paragraph (2) of subsection (b).
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20 | | (o) Under no circumstances shall a motor vehicle financing |
21 | | affiliate sell,
transfer, or
assign a new vehicle to any place |
22 | | of business of a new motor vehicle dealer,
unless that
place of |
23 | | business is licensed under this Chapter to sell, assign, or |
24 | | otherwise
transfer the
make of the new motor vehicle |
25 | | transferred.
|
26 | | (p) All moneys received by the Secretary of State as |
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1 | | license fees under this
Section
shall be deposited into the |
2 | | Motor Vehicle Review Board Fund and shall be used
to
|
3 | | administer the Motor Vehicle Review Board under the Motor |
4 | | Vehicle Franchise
Act.
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5 | | (q) Except as otherwise provided in this Section, a motor |
6 | | vehicle financing
affiliate
shall comply with all provisions |
7 | | of this Code.
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8 | | (r) If a licensee under this Section voluntarily |
9 | | surrenders a license to the Illinois Secretary of State Police |
10 | | or a representative of the Secretary of State Vehicle Services |
11 | | Department due to the licensee's inability to adhere to |
12 | | recordkeeping provisions, or the inability to properly issue |
13 | | certificates of title or registrations under this Code, or the |
14 | | Secretary revokes a license under this Section, then the |
15 | | licensee and the licensee's agent, designee, or legal |
16 | | representative, if applicable, may not be named on a new |
17 | | application for a licensee under this Section or under this |
18 | | Chapter, nor is the licensee or the licensee's agent, |
19 | | designee, or legal representative permitted to work for |
20 | | another licensee under this Chapter in a recordkeeping, |
21 | | management, or financial position or as an employee who |
22 | | handles certificate of title and registration documents and |
23 | | applications. |
24 | | (Source: P.A. 102-154, eff. 1-1-22 .)
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25 | | (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
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1 | | Sec. 5-102. Used vehicle dealers must be licensed.
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2 | | (a) No person, other than a licensed new vehicle dealer, |
3 | | shall engage in
the business of selling or dealing in, on |
4 | | consignment or otherwise, 5 or
more used vehicles of any make |
5 | | during the year (except house trailers as
authorized by |
6 | | paragraph (j) of this Section and rebuilt salvage vehicles
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7 | | sold by their rebuilders to persons licensed under this |
8 | | Chapter), or act as
an intermediary, agent or broker for any |
9 | | licensed dealer or vehicle
purchaser (other than as a |
10 | | salesperson) or represent or advertise that he
is so engaged |
11 | | or intends to so engage in such business unless licensed to
do |
12 | | so by the Secretary of State under the provisions of this |
13 | | Section.
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14 | | (b) An application for a used vehicle dealer's license |
15 | | shall be
filed with the Secretary of State, duly verified by |
16 | | oath, in such form
as the Secretary of State may by rule or |
17 | | regulation 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
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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.
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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 |
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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 |
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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; |
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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 |
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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 |
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1 | | Code;
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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.
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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 |
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1 | | taxes (excluding taxes under the Retailers' Occupation Tax |
2 | | Act) accepted
by the applicant as a used vehicle dealer.
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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 |
15 | | information
contained in any application for a used vehicle |
16 | | dealer's license shall
be amended within 30 days after the |
17 | | occurrence of each change on such
form as the Secretary of |
18 | | State may prescribe by rule or regulation,
accompanied by an |
19 | | amendatory fee of $2.
|
20 | | (d) Anything in this Chapter to the contrary |
21 | | notwithstanding, no
person shall be licensed as a used vehicle |
22 | | dealer unless such person
maintains an established place of |
23 | | business as
defined in this Chapter.
|
24 | | (e) The Secretary of State shall, within a reasonable time |
25 | | after
receipt, examine an application submitted to him under |
26 | | this Section.
Unless the Secretary makes a determination that |
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1 | | the application
submitted to him does not conform to this |
2 | | Section or that grounds exist
for a denial of the application |
3 | | under Section 5-501 of this Chapter, he
must grant the |
4 | | applicant an original used vehicle dealer's license in
writing |
5 | | for his established place of business and a supplemental |
6 | | license
in writing for each additional place of business in |
7 | | such form as he may
prescribe by rule or regulation which shall |
8 | | include 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 |
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1 | | certified
copy thereof, provided by the Secretary of State |
2 | | shall be kept posted,
conspicuously, in the established place |
3 | | of business of the licensee and
in each additional place of |
4 | | business, if any, maintained by such
licensee.
|
5 | | (g) Except as provided in subsection (h) of this Section, |
6 | | all used
vehicle dealer's licenses granted under this Section |
7 | | expire by operation
of law on December 31 of the calendar year |
8 | | for which they are granted
unless sooner revoked or cancelled |
9 | | under Section 5-501 of this Chapter.
|
10 | | (h) A used vehicle dealer's license may be renewed upon |
11 | | application
and payment of the fee required herein, and |
12 | | submission of proof of
coverage by an approved bond under the |
13 | | " Retailers' Occupation Tax Act "
or proof that applicant is not |
14 | | subject to such bonding requirements, as
in the case of an |
15 | | original license, but in case an application for the
renewal |
16 | | of an effective license is made during the month of December,
|
17 | | the effective license shall remain in force until the |
18 | | application for
renewal is granted or denied by the Secretary |
19 | | of State.
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20 | | (i) All persons licensed as a used vehicle dealer are |
21 | | required 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;
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1 | | 3. A bill of sale properly executed on behalf of such |
2 | | person;
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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 |
10 | | registration issued
pursuant to "The Real Estate Brokers and |
11 | | Salesmen License Act" may engage
in the business of selling or |
12 | | dealing in house trailers not his own without
being licensed |
13 | | as a used vehicle dealer under this Section; however such
|
14 | | broker shall maintain a record of the transaction including |
15 | | the 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 |
22 | | any officer
of the Secretary of State's Office at any |
23 | | reasonable hour.
|
24 | | (k) Except at the time of sale or repossession of the |
25 | | vehicle, no
person licensed as a used vehicle dealer may issue |
26 | | any other person a newly
created key to a vehicle unless the |
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1 | | used vehicle dealer makes a color photocopy or electronic scan |
2 | | of the
driver's license or State identification card of the |
3 | | person requesting or
obtaining the newly created key. The used |
4 | | vehicle dealer must retain the photocopy or scan
for 30 days.
|
5 | | A used vehicle dealer who violates this subsection (k) is |
6 | | guilty of a
petty offense. Violation of this subsection (k) is |
7 | | not cause to suspend,
revoke, cancel, or deny renewal of the |
8 | | used vehicle dealer's license. |
9 | | (l) Used vehicle dealers licensed under this Section shall |
10 | | provide the Secretary of State a register for the sale at |
11 | | auction of each salvage or junk certificate vehicle. Each |
12 | | register 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. |
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1 | | The register shall be submitted to the Secretary of State |
2 | | via written or electronic means within 10 calendar days from |
3 | | the date of the auction.
|
4 | | (m) If a licensee under this Section voluntarily |
5 | | surrenders a license to the Illinois Secretary of State Police |
6 | | or a representative of the Secretary of State Vehicle Services |
7 | | Department due to the licensee's inability to adhere to |
8 | | recordkeeping provisions, or the inability to properly issue |
9 | | certificates of title or registrations under this Code, or the |
10 | | Secretary revokes a license under this Section, then the |
11 | | licensee and the licensee's agent, designee, or legal |
12 | | representative, if applicable, may not be named on a new |
13 | | application for a licensee under this Section or under this |
14 | | Chapter, nor is the licensee or the licensee's agent, |
15 | | designee, or legal representative permitted to work for |
16 | | another licensee under this Chapter in a recordkeeping, |
17 | | management, or financial position or as an employee who |
18 | | handles certificate of title and registration documents and |
19 | | applications. |
20 | | (Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22; |
21 | | 102-538, 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 |
24 | | dealers. |
25 | | (a) As used in this Section, "Buy Here, Pay Here used |
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1 | | vehicle dealer" means any entity that engages in the business |
2 | | of selling or leasing of vehicles and finances the sale or |
3 | | purchase price of the vehicle to a customer without the |
4 | | customer using a third-party lender. |
5 | | (b) No person shall engage in
the business of selling or |
6 | | dealing in, on consignment or otherwise, 5 or
more used |
7 | | vehicles of any make during the year (except rebuilt salvage |
8 | | vehicles
sold by their rebuilders to persons licensed under |
9 | | this Chapter), or act as
an intermediary, agent, or broker for |
10 | | any licensed dealer or vehicle
purchaser (other than as a |
11 | | salesperson) or represent or advertise that he or she
is so |
12 | | engaged or intends to so engage in such business of a Buy Here, |
13 | | Pay Here used vehicle dealer unless licensed to
do so by the |
14 | | Secretary of State under the provisions of this Section.
|
15 | | (c) An application for a Buy Here, Pay Here used vehicle |
16 | | dealer's license shall be
filed with the Secretary of State, |
17 | | duly verified by oath, in such form
as the Secretary of State |
18 | | may 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 |
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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 |
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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 |
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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 |
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1 | | following license fees:
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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 |
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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, |
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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 |
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1 | | Act;
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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 |
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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 |
21 | | information
contained in any application for a Buy Here, Pay |
22 | | Here used vehicle dealer's license shall
be amended within 30 |
23 | | days after the occurrence of each change on such
form as the |
24 | | Secretary of State may prescribe by rule,
accompanied by an |
25 | | amendatory fee of $2.
|
26 | | (e) Anything in this Chapter to the contrary |
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1 | | notwithstanding, no
person shall be licensed as a Buy Here, |
2 | | Pay Here used vehicle dealer unless the person
maintains an |
3 | | established place of business as
defined in this Chapter.
|
4 | | (f) The Secretary of State shall, within a reasonable time |
5 | | after
receipt, examine an application submitted under this |
6 | | Section.
Unless the Secretary makes a determination that the |
7 | | application does not conform to this Section or that grounds |
8 | | exist
for a denial of the application under Section 5-501 of |
9 | | this Chapter, the Secretary
must grant the applicant an |
10 | | original Buy Here, Pay Here used vehicle dealer's license in
|
11 | | writing for his or her established place of business and a |
12 | | supplemental license
in writing for each additional place of |
13 | | business in such form as the Secretary may
prescribe by rule |
14 | | that 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 |
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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 |
7 | | certified
copy thereof, provided by the Secretary of State |
8 | | shall be kept posted,
conspicuously, in the established place |
9 | | of business of the licensee and
in each additional place of |
10 | | business, if any, maintained by the
licensee.
|
11 | | (h) Except as provided in subsection (i), all Buy Here, |
12 | | Pay Here used
vehicle dealer's licenses granted under this |
13 | | Section expire by operation
of law on December 31 of the |
14 | | calendar year for which they are granted
unless sooner revoked |
15 | | or cancelled under Section 5-501 of this Chapter.
|
16 | | (i) A Buy Here, Pay Here used vehicle dealer's license may |
17 | | be renewed upon application
and payment of the fee required |
18 | | herein, and submission of proof of
coverage by an approved |
19 | | bond under the Retailers' Occupation Tax Act
or proof that the |
20 | | applicant is not subject to such bonding requirements, as
in |
21 | | the case of an original license, but in the case of an |
22 | | application for the
renewal of an effective license made |
23 | | during the month of December,
the effective license shall |
24 | | remain in force until the application for
renewal is granted |
25 | | or denied by the Secretary of State.
|
26 | | (j) Each person licensed as a Buy Here, Pay Here used |
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1 | | vehicle dealer is required to
furnish each purchaser of a |
2 | | motor 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 |
17 | | vehicle, no
person licensed as a Buy Here, Pay Here used |
18 | | vehicle dealer may issue any other person a newly
created key |
19 | | to a vehicle unless the Buy Here, Pay Here used vehicle dealer |
20 | | makes a color photocopy or electronic scan of the
driver's |
21 | | license or State identification card of the person requesting |
22 | | or
obtaining the newly created key. The Buy Here, Pay Here used |
23 | | vehicle dealer must retain the photocopy or scan
for 30 days. |
24 | | A Buy Here, Pay Here used vehicle dealer who violates this |
25 | | subsection (k) is guilty of a
petty offense. Violation of this |
26 | | subsection (k) is not cause to suspend,
revoke, cancel, or |
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1 | | deny renewal of the used vehicle dealer's license. |
2 | | (l) A Buy Here, Pay Here used vehicle dealer licensed |
3 | | under this Section shall provide the Secretary of State a |
4 | | register for the sale at auction of each salvage or junk |
5 | | certificate vehicle. Each register shall include the following |
6 | | information: |
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 |
22 | | via written or electronic means within 10 calendar days from |
23 | | the date of the auction. |
24 | | (m) If a licensee under this Section voluntarily |
25 | | surrenders a license to the Illinois Secretary of State Police |
26 | | or a representative of the Secretary of State Vehicle Services |
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1 | | Department due to the licensee's inability to adhere to |
2 | | recordkeeping provisions, or the inability to properly issue |
3 | | certificates of title or registrations under this Code, or the |
4 | | Secretary revokes a license under this Section, then the |
5 | | licensee and the licensee's agent, designee, or legal |
6 | | representative, if applicable, may not be named on a new |
7 | | application for a licensee under this Section or under this |
8 | | Chapter, nor is the licensee or the licensee's agent, |
9 | | designee, or legal representative permitted to work for |
10 | | another licensee under this Chapter in a recordkeeping, |
11 | < |