94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2958

 

Introduced 1/20/2006, by Sen. John M. Sullivan

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 335/12   from Ch. 124, par. 32
625 ILCS 5/2-119   from Ch. 95 1/2, par. 2-119
625 ILCS 5/2-123   from Ch. 95 1/2, par. 2-123
625 ILCS 5/3-403   from Ch. 95 1/2, par. 3-403
625 ILCS 5/3-811   from Ch. 95 1/2, par. 3-811
625 ILCS 5/3-815.1
625 ILCS 5/5-101   from Ch. 95 1/2, par. 5-101
625 ILCS 5/6-118   from Ch. 95 1/2, par. 6-118

    Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Provides that, beginning July 1, 2006, the moneys collected from specified fees shall be deposited into the Road Fund in the State treasury, rather than being deposited into other funds. Effective immediately.


LRB094 19166 DRH 54701 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2958 LRB094 19166 DRH 54701 b

1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Identification Card Act is amended
5 by changing Section 12 as follows:
 
6     (15 ILCS 335/12)  (from Ch. 124, par. 32)
7     Sec. 12. Fees concerning Standard Illinois Identification
8 Cards. The fees required under this Act for standard Illinois
9 Identification Cards must accompany any application provided
10 for in this Act, and the Secretary shall collect such fees as
11 follows:
12    a. Original card issued on or before
13        December 31, 2004........................ $4
14        Original card issued on or after
15        January 1, 2005.......................... $20
16    b. Renewal card issued on or before
17        December 31, 2004.........................4
18        Renewal card issued on or after
19        January 1, 2005.......................... 20
20    c. Corrected card issued on or before
21        December 31, 2004.........................2
22        Corrected card issued on or after
23        January 1, 2005.......................... 10
24    d. Duplicate card issued on or before
25        December 31, 2004.........................4
26        Duplicate card issued on or after
27        January 1, 2005...........................20
28    e. Certified copy with seal .................5
29    f. Search ...................................2
30    g. Applicant 65 years of age or over ........No Fee
31    h. Disabled applicant .......................No Fee
32    i. Individual living in Veterans

 

 

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1        Home or Hospital .........................No Fee
2     All fees collected under this Act shall be paid into the
3 Road Fund of the State treasury, except that through June 30,
4 2006, the following amounts shall be paid into the General
5 Revenue Fund: (i) $16 of the $20 fee for an original, renewal,
6 or duplicate Illinois Identification Card issued on or after
7 January 1, 2005 and before July 1, 2006; and (ii) $8 of the $10
8 fee for a corrected Illinois Identification Card issued on or
9 after January 1, 2005 and before July 1, 2006.
10     Any disabled person making an application for a standard
11 Illinois Identification Card for no fee must, along with the
12 application, submit an affirmation by the applicant on a form
13 to be provided by the Secretary of State, attesting that such
14 person is a disabled person as defined in Section 4A of this
15 Act.
16     An individual, who resides in a veterans home or veterans
17 hospital operated by the state or federal government, who makes
18 an application for an Illinois Identification Card to be issued
19 at no fee, must submit, along with the application, an
20 affirmation by the applicant on a form provided by the
21 Secretary of State, that such person resides in a veterans home
22 or veterans hospital operated by the state or federal
23 government.
24 (Source: P.A. 93-840, eff. 7-30-04.)
 
25     Section 10. The Illinois Vehicle Code is amended by
26 changing Sections 2-119, 2-123, 3-403, 3-811, 3-815.1, 5-101,
27 and 6-118 as follows:
 
28     (625 ILCS 5/2-119)  (from Ch. 95 1/2, par. 2-119)
29     Sec. 2-119. Disposition of fees and taxes.
30     (a) All moneys received from Salvage Certificates shall be
31 deposited in the Common School Fund in the State Treasury.
32     (b) Beginning January 1, 1990 and concluding December 31,
33 1994, of the money collected for each certificate of title,
34 duplicate certificate of title and corrected certificate of

 

 

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1 title, $0.50 shall be deposited into the Used Tire Management
2 Fund. Beginning January 1, 1990 and concluding December 31,
3 1994, of the money collected for each certificate of title,
4 duplicate certificate of title and corrected certificate of
5 title, $1.50 shall be deposited in the Park and Conservation
6 Fund.
7     Beginning January 1, 1995, of the money collected for each
8 certificate of title, duplicate certificate of title and
9 corrected certificate of title, $2 shall be deposited in the
10 Park and Conservation Fund. The moneys deposited in the Park
11 and Conservation Fund pursuant to this Section shall be used
12 for the acquisition and development of bike paths as provided
13 for in Section 805-420 of the Department of Natural Resources
14 (Conservation) Law (20 ILCS 805/805-420).
15     Beginning January 1, 2000 and through June 30, 2006, of the
16 moneys collected for each certificate of title, duplicate
17 certificate of title, and corrected certificate of title, $48
18 shall be deposited into the Road Fund and $4 shall be deposited
19 into the Motor Vehicle License Plate Fund, except that if the
20 balance in the Motor Vehicle License Plate Fund exceeds
21 $40,000,000 on the last day of a calendar month, then during
22 the next calendar month the $4 shall instead be deposited into
23 the Road Fund. Beginning July 1, 2006, of the moneys collected
24 for each certificate of title, duplicate certificate of title,
25 and corrected certificate of title, $52 shall be deposited into
26 the Road Fund.
27     Beginning January 1, 2005 and through June 30, 2006, of the
28 moneys collected for each delinquent vehicle registration
29 renewal fee, $20 shall be deposited into the General Revenue
30 Fund. Beginning July 1, 2006, of the moneys collected for each
31 delinquent vehicle registration renewal fee, $20 shall be
32 deposited into the Road Fund.
33     Except as otherwise provided in this Code, all remaining
34 moneys collected for certificates of title, and all moneys
35 collected for filing of security interests, shall be placed in
36 the General Revenue Fund in the State Treasury.

 

 

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1     (c) All moneys collected for that portion of a driver's
2 license fee designated for driver education under Section 6-118
3 shall be placed in the Driver Education Fund in the State
4 Treasury.
5     (d) Beginning January 1, 1999, of the monies collected as a
6 registration fee for each motorcycle, motor driven cycle and
7 motorized pedalcycle, 27% of each annual registration fee for
8 such vehicle and 27% of each semiannual registration fee for
9 such vehicle is deposited in the Cycle Rider Safety Training
10 Fund.
11     (e) Of the monies received by the Secretary of State as
12 registration fees or taxes or as payment of any other fee, as
13 provided in this Act, except fees received by the Secretary
14 under paragraph (7) of subsection (b) of Section 5-101 and
15 Section 5-109 of this Code, 37% shall be deposited into the
16 State Construction Fund.
17     (f) Of the total money collected for a CDL instruction
18 permit or original or renewal issuance of a commercial driver's
19 license (CDL) pursuant to the Uniform Commercial Driver's
20 License Act (UCDLA): (i) $6 of the total fee for an original or
21 renewal CDL, and $6 of the total CDL instruction permit fee
22 when such permit is issued to any person holding a valid
23 Illinois driver's license, shall be paid into the
24 CDLIS/AAMVAnet Trust Fund (Commercial Driver's License
25 Information System/American Association of Motor Vehicle
26 Administrators network Trust Fund) and shall be used for the
27 purposes provided in Section 6z-23 of the State Finance Act and
28 (ii) $20 of the total fee for an original or renewal CDL or
29 commercial driver instruction permit shall be paid into the
30 Motor Carrier Safety Inspection Fund, which is hereby created
31 as a special fund in the State Treasury, to be used by the
32 Department of State Police, subject to appropriation, to hire
33 additional officers to conduct motor carrier safety
34 inspections pursuant to Chapter 18b of this Code.
35     (g) All remaining moneys received by the Secretary of State
36 as registration fees or taxes or as payment of any other fee,

 

 

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1 as provided in this Act, except fees received by the Secretary
2 under paragraph (7)(A) of subsection (b) of Section 5-101 and
3 Section 5-109 of this Code, shall be deposited in the Road Fund
4 in the State Treasury. Moneys in the Road Fund shall be used
5 for the purposes provided in Section 8.3 of the State Finance
6 Act.
7     (h) (Blank).
8     (i) (Blank).
9     (j) (Blank).
10     (k) There is created in the State Treasury a special fund
11 to be known as the Secretary of State Special License Plate
12 Fund. Money deposited into the Fund shall, subject to
13 appropriation, be used by the Office of the Secretary of State
14 (i) to help defray plate manufacturing and plate processing
15 costs for the issuance and, when applicable, renewal of any new
16 or existing registration plates authorized under this Code and
17 (ii) for grants made by the Secretary of State to benefit
18 Illinois Veterans Home libraries.
19     On or before October 1, 1995, the Secretary of State shall
20 direct the State Comptroller and State Treasurer to transfer
21 any unexpended balance in the Special Environmental License
22 Plate Fund, the Special Korean War Veteran License Plate Fund,
23 and the Retired Congressional License Plate Fund to the
24 Secretary of State Special License Plate Fund.
25     (l) The Motor Vehicle Review Board Fund is created as a
26 special fund in the State Treasury. Moneys deposited into the
27 Fund under paragraph (7) of subsection (b) of Section 5-101 and
28 Section 5-109 shall, subject to appropriation, be used by the
29 Office of the Secretary of State to administer the Motor
30 Vehicle Review Board, including without limitation payment of
31 compensation and all necessary expenses incurred in
32 administering the Motor Vehicle Review Board under the Motor
33 Vehicle Franchise Act.
34     (m)  Effective July 1, 1996, there is created in the State
35 Treasury a special fund to be known as the Family
36 Responsibility Fund. Moneys deposited into the Fund shall,

 

 

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1 subject to appropriation, be used by the Office of the
2 Secretary of State for the purpose of enforcing the Family
3 Financial Responsibility Law.
4     (n) The Illinois Fire Fighters' Memorial Fund is created as
5 a special fund in the State Treasury. Moneys deposited into the
6 Fund shall, subject to appropriation, be used by the Office of
7 the State Fire Marshal for construction of the Illinois Fire
8 Fighters' Memorial to be located at the State Capitol grounds
9 in Springfield, Illinois. Upon the completion of the Memorial,
10 moneys in the Fund shall be used in accordance with Section
11 3-634.
12     (o) Of the money collected for each certificate of title
13 for all-terrain vehicles and off-highway motorcycles, $17
14 shall be deposited into the Off-Highway Vehicle Trails Fund.
15     (p) For audits conducted on or after July 1, 2003 pursuant
16 to Section 2-124(d) of this Code, 50% of the money collected as
17 audit fees shall be deposited into the General Revenue Fund.
18 (Source: P.A. 92-16, eff. 6-28-01; 93-32, eff. 7-1-03; 93-840,
19 eff. 7-30-04.)
 
20     (625 ILCS 5/2-123)  (from Ch. 95 1/2, par. 2-123)
21     Sec. 2-123. Sale and Distribution of Information.
22     (a) Except as otherwise provided in this Section, the
23 Secretary may make the driver's license, vehicle and title
24 registration lists, in part or in whole, and any statistical
25 information derived from these lists available to local
26 governments, elected state officials, state educational
27 institutions, and all other governmental units of the State and
28 Federal Government requesting them for governmental purposes.
29 The Secretary shall require any such applicant for services to
30 pay for the costs of furnishing such services and the use of
31 the equipment involved, and in addition is empowered to
32 establish prices and charges for the services so furnished and
33 for the use of the electronic equipment utilized.
34     (b) The Secretary is further empowered to and he may, in
35 his discretion, furnish to any applicant, other than listed in

 

 

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1 subsection (a) of this Section, vehicle or driver data on a
2 computer tape, disk, other electronic format or computer
3 processable medium, or printout at a fixed fee of $250 for
4 orders received before October 1, 2003 and $500 for orders
5 received on or after October 1, 2003, in advance, and require
6 in addition a further sufficient deposit based upon the
7 Secretary of State's estimate of the total cost of the
8 information requested and a charge of $25 for orders received
9 before October 1, 2003 and $50 for orders received on or after
10 October 1, 2003, per 1,000 units or part thereof identified or
11 the actual cost, whichever is greater. The Secretary is
12 authorized to refund any difference between the additional
13 deposit and the actual cost of the request. This service shall
14 not be in lieu of an abstract of a driver's record nor of a
15 title or registration search. This service may be limited to
16 entities purchasing a minimum number of records as required by
17 administrative rule. The information sold pursuant to this
18 subsection shall be the entire vehicle or driver data list, or
19 part thereof. The information sold pursuant to this subsection
20 shall not contain personally identifying information unless
21 the information is to be used for one of the purposes
22 identified in subsection (f-5) of this Section. Commercial
23 purchasers of driver and vehicle record databases shall enter
24 into a written agreement with the Secretary of State that
25 includes disclosure of the commercial use of the information to
26 be purchased.
27     (b-1) The Secretary is further empowered to and may, in his
28 or her discretion, furnish vehicle or driver data on a computer
29 tape, disk, or other electronic format or computer processible
30 medium, at no fee, to any State or local governmental agency
31 that uses the information provided by the Secretary to transmit
32 data back to the Secretary that enables the Secretary to
33 maintain accurate driving records, including dispositions of
34 traffic cases. This information may be provided without fee not
35 more often than once every 6 months.
36     (c) Secretary of State may issue registration lists. The

 

 

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1 Secretary of State shall compile and publish, at least
2 annually, a list of all registered vehicles. Each list of
3 registered vehicles shall be arranged serially according to the
4 registration numbers assigned to registered vehicles and shall
5 contain in addition the names and addresses of registered
6 owners and a brief description of each vehicle including the
7 serial or other identifying number thereof. Such compilation
8 may be in such form as in the discretion of the Secretary of
9 State may seem best for the purposes intended.
10     (d) The Secretary of State shall furnish no more than 2
11 current available lists of such registrations to the sheriffs
12 of all counties and to the chiefs of police of all cities and
13 villages and towns of 2,000 population and over in this State
14 at no cost. Additional copies may be purchased by the sheriffs
15 or chiefs of police at the fee of $500 each or at the cost of
16 producing the list as determined by the Secretary of State.
17 Such lists are to be used for governmental purposes only.
18     (e) (Blank).
19     (e-1) (Blank).
20     (f) The Secretary of State shall make a title or
21 registration search of the records of his office and a written
22 report on the same for any person, upon written application of
23 such person, accompanied by a fee of $5 for each registration
24 or title search. The written application shall set forth the
25 intended use of the requested information. No fee shall be
26 charged for a title or registration search, or for the
27 certification thereof requested by a government agency. The
28 report of the title or registration search shall not contain
29 personally identifying information unless the request for a
30 search was made for one of the purposes identified in
31 subsection (f-5) of this Section. The report of the title or
32 registration search shall not contain highly restricted
33 personal information unless specifically authorized by this
34 Code.
35     The Secretary of State shall certify a title or
36 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 under
3 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 requestor 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, and Locksmith Act
16 of 2004, who are employed by or are acting on behalf of law
17 enforcement officials, government agencies, financial
18 institutions, attorneys, insurers, employers, automobile
19 associated businesses, and other business entities for
20 purposes consistent with the Illinois Vehicle Code, the vehicle
21 owner or registrant or other entities as the Secretary may
22 exempt by rule and regulation.
23     Any misrepresentation made by a requestor 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
27 subject to disciplinary sanctions under Section 40-10 of the
28 Private Detective, Private Alarm, Private Security, and
29 Locksmith Act of 2004.
30     (f-5) The Secretary of State shall not disclose or
31 otherwise make available to any person or entity any personally
32 identifying information obtained by the Secretary of State in
33 connection with a driver's license, vehicle, or title
34 registration record unless the information is disclosed for one
35 of the following purposes:
36         (1) For use by any government agency, including any

 

 

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1     court or law enforcement agency, in carrying out its
2     functions, or any private person or entity acting on behalf
3     of a federal, State, or local agency in carrying out its
4     functions.
5         (2) For use in connection with matters of motor vehicle
6     or driver safety and theft; motor vehicle emissions; motor
7     vehicle product alterations, recalls, or advisories;
8     performance monitoring of motor vehicles, motor vehicle
9     parts, and dealers; and removal of non-owner records from
10     the original owner records of motor vehicle manufacturers.
11         (3) For use in the normal course of business by a
12     legitimate business or its agents, employees, or
13     contractors, but only:
14             (A) to verify the accuracy of personal information
15         submitted by an individual to the business or its
16         agents, employees, or contractors; and
17             (B) if such information as so submitted is not
18         correct or is no longer correct, to obtain the correct
19         information, but only for the purposes of preventing
20         fraud by, pursuing legal remedies against, or
21         recovering on a debt or security interest against, the
22         individual.
23         (4) For use in research activities and for use in
24     producing statistical reports, if the personally
25     identifying information is not published, redisclosed, or
26     used to contact individuals.
27         (5) For use in connection with any civil, criminal,
28     administrative, or arbitral proceeding in any federal,
29     State, or local court or agency or before any
30     self-regulatory body, including the service of process,
31     investigation in anticipation of litigation, and the
32     execution or enforcement of judgments and orders, or
33     pursuant to an order of a federal, State, or local court.
34         (6) For use by any insurer or insurance support
35     organization or by a self-insured entity or its agents,
36     employees, or contractors in connection with claims

 

 

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1     investigation activities, antifraud activities, rating, or
2     underwriting.
3         (7) For use in providing notice to the owners of towed
4     or impounded vehicles.
5         (8) For use by any person licensed as a private
6     detective or firm licensed as a private detective agency
7     under the Private Detective, Private Alarm, Private
8     Security, and Locksmith Act of 1993, private investigative
9     agency or security service licensed in Illinois for any
10     purpose permitted under this subsection.
11         (9) For use by an employer or its agent or insurer to
12     obtain or verify information relating to a holder of a
13     commercial driver's license that is required under chapter
14     313 of title 49 of the United States Code.
15         (10) For use in connection with the operation of
16     private toll transportation facilities.
17         (11) For use by any requester, if the requester
18     demonstrates it has obtained the written consent of the
19     individual to whom the information pertains.
20         (12) For use by members of the news media, as defined
21     in Section 1-148.5, for the purpose of newsgathering when
22     the request relates to the operation of a motor vehicle or
23     public safety.
24         (13) For any other use specifically authorized by law,
25     if that use is related to the operation of a motor vehicle
26     or public safety.
27     (f-6) The Secretary of State shall not disclose or
28 otherwise make available to any person or entity any highly
29 restricted personal information obtained by the Secretary of
30 State in connection with a driver's license, vehicle, or title
31 registration record unless specifically authorized by this
32 Code.
33     (g) 1. The Secretary of State may, upon receipt of a
34     written request and a fee of $6 before October 1, 2003 and
35     a fee of $12 on and after October 1, 2003, furnish to the
36     person or agency so requesting a driver's record. Such

 

 

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1     document may include a record of: current driver's license
2     issuance information, except that the information on
3     judicial driving permits shall be available only as
4     otherwise provided by this Code; convictions; orders
5     entered revoking, suspending or cancelling a driver's
6     license or privilege; and notations of accident
7     involvement. All other information, unless otherwise
8     permitted by this Code, shall remain confidential.
9     Information released pursuant to a request for a driver's
10     record shall not contain personally identifying
11     information, unless the request for the driver's record was
12     made for one of the purposes set forth in subsection (f-5)
13     of this Section.
14         2. The Secretary of State shall not disclose or
15     otherwise make available to any person or entity any highly
16     restricted personal information obtained by the Secretary
17     of State in connection with a driver's license, vehicle, or
18     title registration record unless specifically authorized
19     by this Code. The Secretary of State may certify an
20     abstract of a driver's record upon written request
21     therefor. Such certification shall be made under the
22     signature of the Secretary of State and shall be
23     authenticated by the Seal of his office.
24         3. All requests for driving record information shall be
25     made in a manner prescribed by the Secretary and shall set
26     forth the intended use of the requested information.
27         The Secretary of State may notify the affected driver
28     of the request for purchase of his driver's record as the
29     Secretary deems appropriate.
30         No information shall be released to the requester until
31     expiration of a 10 day period. This 10 day period shall not
32     apply to requests for information made by law enforcement
33     officials, government agencies, financial institutions,
34     attorneys, insurers, employers, automobile associated
35     businesses, persons licensed as a private detective or
36     firms licensed as a private detective agency under the

 

 

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1     Private Detective, Private Alarm, Private Security, and
2     Locksmith Act of 2004, who are employed by or are acting on
3     behalf of law enforcement officials, government agencies,
4     financial institutions, attorneys, insurers, employers,
5     automobile associated businesses, and other business
6     entities for purposes consistent with the Illinois Vehicle
7     Code, the affected driver or other entities as the
8     Secretary may exempt by rule and regulation.
9         Any misrepresentation made by a requestor of driver
10     information shall be punishable as a petty offense, except
11     in the case of persons licensed as a private detective or
12     firms licensed as a private detective agency which shall be
13     subject to disciplinary sanctions under Section 40-10 of
14     the Private Detective, Private Alarm, Private Security,
15     and Locksmith Act of 2004.
16         4. The Secretary of State may furnish without fee, upon
17     the written request of a law enforcement agency, any
18     information from a driver's record on file with the
19     Secretary of State when such information is required in the
20     enforcement of this Code or any other law relating to the
21     operation of motor vehicles, including records of
22     dispositions; documented information involving the use of
23     a motor vehicle; whether such individual has, or previously
24     had, a driver's license; and the address and personal
25     description as reflected on said driver's record.
26         5. Except as otherwise provided in this Section, the
27     Secretary of State may furnish, without fee, information
28     from an individual driver's record on file, if a written
29     request therefor is submitted by any public transit system
30     or authority, public defender, law enforcement agency, a
31     state or federal agency, or an Illinois local
32     intergovernmental association, if the request is for the
33     purpose of a background check of applicants for employment
34     with the requesting agency, or for the purpose of an
35     official investigation conducted by the agency, or to
36     determine a current address for the driver so public funds

 

 

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1     can be recovered or paid to the driver, or for any other
2     purpose set forth in subsection (f-5) of this Section.
3         The Secretary may also furnish the courts a copy of an
4     abstract of a driver's record, without fee, subsequent to
5     an arrest for a violation of Section 11-501 or a similar
6     provision of a local ordinance. Such abstract may include
7     records of dispositions; documented information involving
8     the use of a motor vehicle as contained in the current
9     file; whether such individual has, or previously had, a
10     driver's license; and the address and personal description
11     as reflected on said driver's record.
12         6. Any certified abstract issued by the Secretary of
13     State or transmitted electronically by the Secretary of
14     State pursuant to this Section, to a court or on request of
15     a law enforcement agency, for the record of a named person
16     as to the status of the person's driver's license shall be
17     prima facie evidence of the facts therein stated and if the
18     name appearing in such abstract is the same as that of a
19     person named in an information or warrant, such abstract
20     shall be prima facie evidence that the person named in such
21     information or warrant is the same person as the person
22     named in such abstract and shall be admissible for any
23     prosecution under this Code and be admitted as proof of any
24     prior conviction or proof of records, notices, or orders
25     recorded on individual driving records maintained by the
26     Secretary of State.
27         7. Subject to any restrictions contained in the
28     Juvenile Court Act of 1987, and upon receipt of a proper
29     request and a fee of $6 before October 1, 2003 and a fee of
30     $12 on or after October 1, 2003, the Secretary of State
31     shall provide a driver's record to the affected driver, or
32     the affected driver's attorney, upon verification. Such
33     record shall contain all the information referred to in
34     paragraph 1 of this subsection (g) plus: any recorded
35     accident involvement as a driver; information recorded
36     pursuant to subsection (e) of Section 6-117 and paragraph

 

 

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1     (4) of subsection (a) of Section 6-204 of this Code. All
2     other information, unless otherwise permitted by this
3     Code, shall remain confidential.
4     (h) The Secretary shall not disclose social security
5 numbers or any associated information obtained from the Social
6 Security Administration except pursuant to a written request
7 by, or with the prior written consent of, the individual
8 except: (1) to officers and employees of the Secretary who have
9 a need to know the social security numbers in performance of
10 their official duties, (2) to law enforcement officials for a
11 lawful, civil or criminal law enforcement investigation, and if
12 the head of the law enforcement agency has made a written
13 request to the Secretary specifying the law enforcement
14 investigation for which the social security numbers are being
15 sought, (3) to the United States Department of Transportation,
16 or any other State, pursuant to the administration and
17 enforcement of the Commercial Motor Vehicle Safety Act of 1986,
18 (4) pursuant to the order of a court of competent jurisdiction,
19 or (5) to the Department of Healthcare and Family Services
20 (formerly Department of Public Aid) for utilization in the
21 child support enforcement duties assigned to that Department
22 under provisions of the Illinois Public Aid Code after the
23 individual has received advanced meaningful notification of
24 what redisclosure is sought by the Secretary in accordance with
25 the federal Privacy Act.
26     (i) (Blank).
27     (j) Medical statements or medical reports received in the
28 Secretary of State's Office shall be confidential. No
29 confidential information may be open to public inspection or
30 the contents disclosed to anyone, except officers and employees
31 of the Secretary who have a need to know the information
32 contained in the medical reports and the Driver License Medical
33 Advisory Board, unless so directed by an order of a court of
34 competent jurisdiction.
35     (k) All fees collected under this Section shall be paid
36 into the Road Fund of the State Treasury, except that (i) for

 

 

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1 fees collected before October 1, 2003, $3 of the $6 fee for a
2 driver's record shall be paid into the Secretary of State
3 Special Services Fund, (ii) for fees collected on and after
4 October 1, 2003 and before July 1, 2006, of the $12 fee for a
5 driver's record, $3 shall be paid into the Secretary of State
6 Special Services Fund and $6 shall be paid into the General
7 Revenue Fund, and (ii) (iii) for fees collected on and after
8 October 1, 2003 and before July 1, 2006, 50% of the amounts
9 collected pursuant to subsection (b) shall be paid into the
10 General Revenue Fund.
11     (l) (Blank).
12     (m) Notations of accident involvement that may be disclosed
13 under this Section shall not include notations relating to
14 damage to a vehicle or other property being transported by a
15 tow truck. This information shall remain confidential,
16 provided that nothing in this subsection (m) shall limit
17 disclosure of any notification of accident involvement to any
18 law enforcement agency or official.
19     (n) Requests made by the news media for driver's license,
20 vehicle, or title registration information may be furnished
21 without charge or at a reduced charge, as determined by the
22 Secretary, when the specific purpose for requesting the
23 documents is deemed to be in the public interest. Waiver or
24 reduction of the fee is in the public interest if the principal
25 purpose of the request is to access and disseminate information
26 regarding the health, safety, and welfare or the legal rights
27 of the general public and is not for the principal purpose of
28 gaining a personal or commercial benefit. The information
29 provided pursuant to this subsection shall not contain
30 personally identifying information unless the information is
31 to be used for one of the purposes identified in subsection
32 (f-5) of this Section.
33     (o) The redisclosure of personally identifying information
34 obtained pursuant to this Section is prohibited, except to the
35 extent necessary to effectuate the purpose for which the
36 original disclosure of the information was permitted.

 

 

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1     (p) The Secretary of State is empowered to adopt rules to
2 effectuate this Section.
3 (Source: P.A. 93-32, eff. 7-1-03; 93-438, eff. 8-5-03; 93-895,
4 eff. 1-1-05; 94-56, eff. 6-17-05; revised 12-15-05.)
 
5     (625 ILCS 5/3-403)  (from Ch. 95 1/2, par. 3-403)
6     Sec. 3-403. Trip and Short-term permits.
7     (a) The Secretary of State may issue a short-term permit to
8 operate a nonregistered first or second division vehicle within
9 the State of Illinois for a period of not more than 7 days. Any
10 second division vehicle operating on such permit may operate
11 only on empty weight. The fee for the short-term permit shall
12 be $6 for permits purchased on or before June 30, 2003 and $10
13 for permits purchased on or after July 1, 2003. For short-term
14 permits purchased on or after July 1, 2003 and before July 1,
15 2006, $4 of the fee collected for the purchase of each permit
16 shall be deposited into the General Revenue Fund. For short
17 term permits purchased on or after July 1, 2006, fees collected
18 for the purchase of each permit shall be deposited into the
19 Road Fund.
20     This permit may also be issued to operate an unladen
21 registered vehicle which is suspended under the Vehicle
22 Emissions Inspection Law and allow it to be driven on the roads
23 and highways of the State in order to be repaired or when
24 travelling to and from an emissions inspection station.
25     (b) The Secretary of State may, subject to reciprocal
26 agreements, arrangements or declarations made or entered into
27 pursuant to Section 3-402, 3-402.4 or by rule, provide for and
28 issue registration permits for the use of Illinois highways by
29 vehicles of the second division on an occasional basis or for a
30 specific and special short-term use, in compliance with rules
31 and regulations promulgated by the Secretary of State, and upon
32 payment of the prescribed fee as follows:
33     One-trip permits. A registration permit for one trip, or
34 one round-trip into and out of Illinois, for a period not to
35 exceed 72 consecutive hours or 3 calendar days may be provided,

 

 

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1 for a fee as prescribed in Section 3-811.
2     One-Month permits. A registration permit for 30 days may be
3 provided for a fee of $13 for registration plus 1/10 of the
4 flat weight tax. The minimum fee for such permit shall be $31.
5     In-transit permits. A registration permit for one trip may
6 be provided for vehicles in transit by the driveaway or towaway
7 method and operated by a transporter in compliance with the
8 Illinois Motor Carrier of Property Law, for a fee as prescribed
9 in Section 3-811.
10     Illinois Temporary Apportionment Authorization Permits. An
11 apportionment authorization permit for forty-five days for the
12 immediate operation of a vehicle upon application for and prior
13 to receiving apportioned credentials or interstate credentials
14 from the State of Illinois. The fee for such permit shall be
15 $3.
16     Illinois Temporary Prorate Authorization Permit. A prorate
17 authorization permit for forty-five days for the immediate
18 operation of a vehicle upon application for and prior to
19 receiving prorate credentials or interstate credentials from
20 the State of Illinois. The fee for such permit shall be $3.
21     (c) The Secretary of State shall promulgate by such rule or
22 regulation, schedules of fees and taxes for such permits and in
23 computing the amount or amounts due, may round off such amount
24 to the nearest full dollar amount.
25     (d) The Secretary of State shall further prescribe the form
26 of application and permit and may require such information and
27 data as necessary and proper, including confirming the status
28 or identity of the applicant and the vehicle in question.
29     (e) Rules or regulations promulgated by the Secretary of
30 State under this Section shall provide for reasonable and
31 proper limitations and restrictions governing the application
32 for and issuance and use of permits, and shall provide for the
33 number of permits per vehicle or per applicant, so as to
34 preclude evasion of annual registration requirements as may be
35 required by this Act.
36     (f) Any permit under this Section is subject to suspension

 

 

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1 or revocation under this Act, and in addition, any such permit
2 is subject to suspension or revocation should the Secretary of
3 State determine that the vehicle identified in any permit
4 should be properly registered in Illinois. In the event any
5 such permit is suspended or revoked, the permit is then null
6 and void, may not be re-instated, nor is a refund therefor
7 available. The vehicle identified in such permit may not
8 thereafter be operated in Illinois without being properly
9 registered as provided in this Chapter.
10 (Source: P.A. 92-680, eff. 7-16-02; 93-32, eff. 7-1-03.)
 
11     (625 ILCS 5/3-811)  (from Ch. 95 1/2, par. 3-811)
12     Sec. 3-811. Drive-away and other permits - Fees.
13     (a) Dealers may obtain drive-away permits for use as
14 provided in this Code, for a fee of $6 per permit for permits
15 purchased on or before June 30, 2003 and $10 for permits
16 purchased on or after July 1, 2003. For drive-away permits
17 purchased on or after July 1, 2003 and before July 1, 2006, $4
18 of the fee collected for the purchase of each permit shall be
19 deposited into the General Revenue Fund. For drive-away permits
20 purchased on or after July 1, 2006, $4 of the fee collected for
21 the purchase of each permit shall be deposited into the Road
22 Fund.
23     (b) Transporters may obtain one-trip permits for vehicles
24 in transit for use as provided in this Code, for a fee of $6 per
25 permit for permits purchased on or before June 30, 2003 and $10
26 for permits purchased on or after July 1, 2003. For one-trip
27 permits purchased on or after July 1, 2003 and before July 1,
28 2006, $4 of the fee collected from the purchase of each permit
29 shall be deposited into the General Revenue Fund. For one-trip
30 permits purchased on or after July 1, 2006, $4 of the fee
31 collected from the purchase of each permit shall be deposited
32 into the Road Fund.
33     (c) Non-residents may likewise obtain a drive-away permit
34 from the Secretary of State to export a motor vehicle purchased
35 in Illinois, for a fee of $6 per permit for permits purchased

 

 

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1 on or before June 30, 2003 and $10 for permits purchased on or
2 after July 1, 2003. For drive-away permits purchased on or
3 after July 1, 2003 and before July 1, 2006, $4 of the fee
4 collected for the purchase of each permit shall be deposited
5 into the General Revenue Fund. For drive-away permits purchased
6 on or after July 1, 2006, $4 of the fee collected for the
7 purchase of each permit shall be deposited into the Road Fund.
8     (d) One-trip permits may be obtained for an occasional
9 single trip by a vehicle as provided in this Code, upon payment
10 of a fee of $19.
11     (e) One month permits may likewise be obtained for the fees
12 and taxes prescribed in this Code and as promulgated by the
13 Secretary of State.
14 (Source: P.A. 92-680, eff. 7-16-02; 93-32, eff. 7-1-03.)
 
15     (625 ILCS 5/3-815.1)
16     Sec. 3-815.1. Commercial distribution fee. Beginning July
17 1, 2003, in addition to any tax or fee imposed under this Code:
18         (a) Vehicles of the second division with a gross
19     vehicle weight that exceeds 8,000 pounds and that incur any
20     tax or fee under subsection (a) of Section 3-815 of this
21     Code or subsection (a) of Section 3-818 of this Code, as
22     applicable, shall pay to the Secretary of State a
23     commercial distribution fee, for each registration year,
24     for the use of the public highways, State infrastructure,
25     and State services, in an amount equal to: (i) for a
26     registration year beginning on or after July 1, 2003 and
27     before July 1, 2005, 36% of the taxes and fees incurred
28     under subsection (a) of Section 3-815 of this Code, or
29     subsection (a) of Section 3-818 of this Code, as
30     applicable, rounded up to the nearest whole dollar; (ii)
31     for a registration year beginning on or after July 1, 2005
32     and before July 1, 2006, 21.5% of the taxes and fees
33     incurred under subsection (a) of Section 3-815 of this
34     Code, or subsection (a) of Section 3-818 of this Code, as
35     applicable, rounded up to the nearest whole dollar; and

 

 

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1     (iii) for a registration year beginning on or after July 1,
2     2006, 14.35% of the taxes and fees incurred under
3     subsection (a) of Section 3-815 of this Code, or subsection
4     (a) of Section 3-818 of this Code, as applicable, rounded
5     up to the nearest whole dollar.
6         (b) Until June 30, 2004, vehicles of the second
7     division with a gross vehicle weight of 8,000 pounds or
8     less and that incur any tax or fee under subsection (a) of
9     Section 3-815 of this Code or subsection (a) of Section
10     3-818 of this Code, as applicable, and have claimed the
11     rolling stock exemption under the Retailers' Occupation
12     Tax Act, Use Tax Act, Service Occupation Tax Act, or
13     Service Use Tax Act shall pay to the Illinois Department of
14     Revenue (or the Secretary of State under an
15     intergovernmental agreement) a commercial distribution
16     fee, for each registration year, for the use of the public
17     highways, State infrastructure, and State services, in an
18     amount equal to 36% of the taxes and fees incurred under
19     subsection (a) of Section 3-815 of this Code or subsection
20     (a) of Section 3-818 of this Code, as applicable, rounded
21     up to the nearest whole dollar.
22     Through June 30, 2006, the The fees paid under this Section
23 shall be deposited by the Secretary of State into the General
24 Revenue Fund. Beginning July 1, 2006, the fees paid under this
25 Section shall be deposited by the Secretary of State into the
26 Road Fund.
27 (Source: P.A. 93-23, eff. 6-20-03; 93-1033, eff. 9-3-04.)
 
28     (625 ILCS 5/5-101)  (from Ch. 95 1/2, par. 5-101)
29     Sec. 5-101. New vehicle dealers must be licensed.
30     (a) No person shall engage in this State in the business of
31 selling or dealing in, on consignment or otherwise, new
32 vehicles of any make, or act as an intermediary or agent or
33 broker for any licensed dealer or vehicle purchaser other than
34 as a salesperson, or represent or advertise that he is so
35 engaged or intends to so engage in such business unless

 

 

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1 licensed to do so in writing by the Secretary of State under
2 the provisions of this Section.
3     (b) An application for a new vehicle dealer's license shall
4 be filed with the Secretary of State, duly verified by oath, on
5 such form as the Secretary of State may by rule or regulation
6 prescribe and shall contain:
7         1. The name and type of business organization of the
8     applicant and his established and additional places of
9     business, if any, in this State.
10         2. If the applicant is a corporation, a list of its
11     officers, directors, and shareholders having a ten percent
12     or greater ownership interest in the corporation, setting
13     forth the residence address of each; if the applicant is a
14     sole proprietorship, a partnership, an unincorporated
15     association, a trust, or any similar form of business
16     organization, the name and residence address of the
17     proprietor or of each partner, member, officer, director,
18     trustee, or manager.
19         3. The make or makes of new vehicles which the
20     applicant will offer for sale at retail in this State.
21         4. The name of each manufacturer or franchised
22     distributor, if any, of new vehicles with whom the
23     applicant has contracted for the sale of such new vehicles.
24     As evidence of this fact, the application shall be
25     accompanied by a signed statement from each such
26     manufacturer or franchised distributor. If the applicant
27     is in the business of offering for sale new conversion
28     vehicles, trucks or vans, except for trucks modified to
29     serve a special purpose which includes but is not limited
30     to the following vehicles: street sweepers, fertilizer
31     spreaders, emergency vehicles, implements of husbandry or
32     maintenance type vehicles, he must furnish evidence of a
33     sales and service agreement from both the chassis
34     manufacturer and second stage manufacturer.
35         5. A statement that the applicant has been approved for
36     registration under the Retailers' Occupation Tax Act by the

 

 

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

 

 

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1     any one accident, and $50,000 for damage to property, or
2     does not have any insurance at all, then the dealer's
3     insurer shall be the primary insurer and the permitted
4     user's insurer shall be the secondary insurer.
5         When a permitted user is "test driving" a new vehicle
6     dealer's automobile, the new vehicle dealer's insurance
7     shall be primary and the permitted user's insurance shall
8     be secondary.
9         As used in this paragraph 6, a "permitted user" is a
10     person who, with the permission of the new vehicle dealer
11     or an employee of the new vehicle dealer, drives a vehicle
12     owned and held for sale or lease by the new vehicle dealer
13     which the person is considering to purchase or lease, in
14     order to evaluate the performance, reliability, or
15     condition of the vehicle. The term "permitted user" also
16     includes a person who, with the permission of the new
17     vehicle dealer, drives a vehicle owned or held for sale or
18     lease by the new vehicle dealer for loaner purposes while
19     the user's vehicle is being repaired or evaluated.
20         As used in this paragraph 6, "test driving" occurs when
21     a permitted user who, with the permission of the new
22     vehicle dealer or an employee of the new vehicle dealer,
23     drives a vehicle owned and held for sale or lease by a new
24     vehicle dealer that the person is considering to purchase
25     or lease, in order to evaluate the performance,
26     reliability, or condition of the vehicle.
27         As used in this paragraph 6, "loaner purposes" means
28     when a person who, with the permission of the new vehicle
29     dealer, drives a vehicle owned or held for sale or lease by
30     the new vehicle dealer while the user's vehicle is being
31     repaired or evaluated.
32         7. (A) An application for a new motor vehicle dealer's
33     license shall be accompanied by the following license fees:
34             $1,000 for applicant's established place of
35         business, and $100 for each additional place of
36         business, if any, to which the application pertains;

 

 

SB2958 - 25 - LRB094 19166 DRH 54701 b

1         but if the application is made after June 15 of any
2         year, the license fee shall be $500 for applicant's
3         established place of business plus $50 for each
4         additional place of business, if any, to which the
5         application pertains. License fees shall be returnable
6         only in the event that the application is denied by the
7         Secretary of State. All moneys received by the
8         Secretary of State as license fees under paragraph
9         (7)(A) of subsection (b) of this Section prior to
10         applications for the 2004 licensing year shall be
11         deposited into the Motor Vehicle Review Board Fund and
12         shall be used to administer the Motor Vehicle Review
13         Board under the Motor Vehicle Franchise Act. Of the
14         money received by the Secretary of State as license
15         fees under paragraph (7)(A) of subsection (b) of this
16         Section for the 2004 through the 2007 licensing years
17         year and thereafter, 10% shall be deposited into the
18         Motor Vehicle Review Board Fund and shall be used to
19         administer the Motor Vehicle Review Board under the
20         Motor Vehicle Franchise Act and 90% shall be deposited
21         into the General Revenue Fund. Of the moneys received
22         by the Secretary of State as license fees under
23         subdivision (7)(A) of this subsection (b) for the 2008
24         licensing year and thereafter, 10% shall be deposited
25         into the Motor Vehicle Review Board Fund under the
26         Motor Vehicle Franchise Act and 90% shall be deposited
27         into the Road Fund.
28             (B) An application for a new vehicle dealer's
29         license, other than for a new motor vehicle dealer's
30         license, shall be accompanied by the following license
31         fees:
32             $1,000 for applicant's established place of
33         business, and $50 for each additional place of
34         business, if any, to which the application pertains;
35         but if the application is made after June 15 of any
36         year, the license fee shall be $500 for applicant's

 

 

SB2958 - 26 - LRB094 19166 DRH 54701 b

1         established place of business plus $25 for each
2         additional place of business, if any, to which the
3         application pertains. License fees shall be returnable
4         only in the event that the application is denied by the
5         Secretary of State. Of the money received by the
6         Secretary of State as license fees under this
7         subsection for the 2004 through the 2007 licensing
8         years year and thereafter, 95% shall be deposited into
9         the General Revenue Fund. Of the moneys received by the
10         Secretary of State as license fees under this
11         subsection (b) for the 2008 licensing year and
12         thereafter, 95% shall be deposited into the Road Fund.
13         8. A statement that the applicant's officers,
14     directors, shareholders having a 10% or greater ownership
15     interest therein, proprietor, a partner, member, officer,
16     director, trustee, manager or other principals in the
17     business have not committed in the past 3 years any one
18     violation as determined in any civil, criminal or
19     administrative proceedings of any one of the following
20     Acts:
21             (A) The Anti Theft Laws of the Illinois Vehicle
22         Code;
23             (B) The Certificate of Title Laws of the Illinois
24         Vehicle Code;
25             (C) The Offenses against Registration and
26         Certificates of Title Laws of the Illinois Vehicle
27         Code;
28             (D) The Dealers, Transporters, Wreckers and
29         Rebuilders Laws of the Illinois Vehicle Code;
30             (E) Section 21-2 of the Criminal Code of 1961,
31         Criminal Trespass to Vehicles; or
32             (F) The Retailers' Occupation Tax Act.
33         9. A statement that the applicant's officers,
34     directors, shareholders having a 10% or greater ownership
35     interest therein, proprietor, partner, member, officer,
36     director, trustee, manager or other principals in the

 

 

SB2958 - 27 - LRB094 19166 DRH 54701 b

1     business have not committed in any calendar year 3 or more
2     violations, as determined in any civil, criminal or
3     administrative proceedings, of any one or more of the
4     following Acts:
5             (A) The Consumer Finance Act;
6             (B) The Consumer Installment Loan Act;
7             (C) The Retail Installment Sales Act;
8             (D) The Motor Vehicle Retail Installment Sales
9         Act;
10             (E) The Interest Act;
11             (F) The Illinois Wage Assignment Act;
12             (G) Part 8 of Article XII of the Code of Civil
13         Procedure; or
14             (H) The Consumer Fraud Act.
15         10. A bond or certificate of deposit in the amount of
16     $20,000 for each location at which the applicant intends to
17     act as a new vehicle dealer. The bond shall be for the term
18     of the license, or its renewal, for which application is
19     made, and shall expire not sooner than December 31 of the
20     year for which the license was issued or renewed. The bond
21     shall run to the People of the State of Illinois, with
22     surety by a bonding or insurance company authorized to do
23     business in this State. It shall be conditioned upon the
24     proper transmittal of all title and registration fees and
25     taxes (excluding taxes under the Retailers' Occupation Tax
26     Act) accepted by the applicant as a new vehicle dealer.
27         11. Such other information concerning the business of
28     the applicant as the Secretary of State may by rule or
29     regulation prescribe.
30         12. A statement that the applicant understands Chapter
31     One through Chapter Five of this Code.
32     (c) Any change which renders no longer accurate any
33 information contained in any application for a new vehicle
34 dealer's license shall be amended within 30 days after the
35 occurrence of such change on such form as the Secretary of
36 State may prescribe by rule or regulation, accompanied by an

 

 

SB2958 - 28 - LRB094 19166 DRH 54701 b

1 amendatory fee of $2.
2     (d) Anything in this Chapter 5 to the contrary
3 notwithstanding no person shall be licensed as a new vehicle
4 dealer unless:
5         1. He is authorized by contract in writing between
6     himself and the manufacturer or franchised distributor of
7     such make of vehicle to so sell the same in this State, and
8         2. Such person shall maintain an established place of
9     business as defined in this Act.
10     (e) The Secretary of State shall, within a reasonable time
11 after receipt, examine an application submitted to him under
12 this Section and unless he makes a determination that the
13 application submitted to him does not conform with the
14 requirements of this Section or that grounds exist for a denial
15 of the application, under Section 5-501 of this Chapter, grant
16 the applicant an original new vehicle dealer's license in
17 writing for his established place of business and a
18 supplemental license in writing for each additional place of
19 business in such form as he may prescribe by rule or regulation
20 which shall include the following:
21         1. The name of the person licensed;
22         2. If a corporation, the name and address of its
23     officers or if a sole proprietorship, a partnership, an
24     unincorporated association or any similar form of business
25     organization, the name and address of the proprietor or of
26     each partner, member, officer, director, trustee or
27     manager;
28         3. In the case of an original license, the established
29     place of business of the licensee;
30         4. In the case of a supplemental license, the
31     established place of business of the licensee and the
32     additional place of business to which such supplemental
33     license pertains;
34         5. The make or makes of new vehicles which the licensee
35     is licensed to sell.
36     (f) The appropriate instrument evidencing the license or a

 

 

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1 certified copy thereof, provided by the Secretary of State,
2 shall be kept posted conspicuously in the established place of
3 business of the licensee and in each additional place of
4 business, if any, maintained by such licensee.
5     (g) Except as provided in subsection (h) hereof, all new
6 vehicle dealer's licenses granted under this Section shall
7 expire by operation of law on December 31 of the calendar year
8 for which they are granted unless sooner revoked or cancelled
9 under the provisions of Section 5-501 of this Chapter.
10     (h) A new vehicle dealer's license may be renewed upon
11 application and payment of the fee required herein, and
12 submission of proof of coverage under an approved bond under
13 the "Retailers' Occupation Tax Act" or proof that applicant is
14 not subject to such bonding requirements, as in the case of an
15 original license, but in case an application for the renewal of
16 an effective license is made during the month of December, the
17 effective license shall remain in force until the application
18 is granted or denied by the Secretary of State.
19     (i) All persons licensed as a new vehicle dealer are
20 required to furnish each purchaser of a motor vehicle:
21         1. In the case of a new vehicle a manufacturer's
22     statement of origin and in the case of a used motor vehicle
23     a certificate of title, in either case properly assigned to
24     the purchaser;
25         2. A statement verified under oath that all identifying
26     numbers on the vehicle agree with those on the certificate
27     of title or manufacturer's statement of origin;
28         3. A bill of sale properly executed on behalf of such
29     person;
30         4. A copy of the Uniform Invoice-transaction reporting
31     return referred to in Section 5-402 hereof;
32         5. In the case of a rebuilt vehicle, a copy of the
33     Disclosure of Rebuilt Vehicle Status; and
34         6. In the case of a vehicle for which the warranty has
35     been reinstated, a copy of the warranty.
36     (j) Except at the time of sale or repossession of the

 

 

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1 vehicle, no person licensed as a new vehicle dealer may issue
2 any other person a newly created key to a vehicle unless the
3 new vehicle dealer makes a copy of the driver's license or
4 State identification card of the person requesting or obtaining
5 the newly created key. The new vehicle dealer must retain the
6 copy for 30 days.
7     A new vehicle dealer who violates this subsection (j) is
8 guilty of a petty offense. Violation of this subsection (j) is
9 not cause to suspend, revoke, cancel, or deny renewal of the
10 new vehicle dealer's license.
11     This amendatory Act of 1983 shall be applicable to the 1984
12 registration year and thereafter.
13 (Source: P.A. 92-391, eff. 8-16-01; 92-835, eff. 6-1-03; 93-32,
14 eff. 7-1-03.)
 
15     (625 ILCS 5/6-118)  (from Ch. 95 1/2, par. 6-118)
16     Sec. 6-118. Fees.
17     (a) The fee for licenses and permits under this Article is
18 as follows:
19     Original driver's license............................$10
20     Original or renewal driver's license
21         issued to 18, 19 and 20 year olds..................5
22     All driver's licenses for persons
23         age 69 through age 80..............................5
24     All driver's licenses for persons
25         age 81 through age 86..............................2
26     All driver's licenses for persons
27         age 87 or older....................................0
28     Renewal driver's license (except for
29         applicants ages 18, 19 and 20 or
30         age 69 and older).................................10
31     Original instruction permit issued to
32         persons (except those age 69 and older)
33         who do not hold or have not previously
34         held an Illinois instruction permit or
35         driver's license..................................20

 

 

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1     Instruction permit issued to any person
2         holding an Illinois driver's license
3         who wishes a change in classifications,
4         other than at the time of renewal..................5
5     Any instruction permit issued to a person
6         age 69 and older...................................5
7     Instruction permit issued to any person,
8         under age 69, not currently holding a
9         valid Illinois driver's license or
10         instruction permit but who has
11         previously been issued either document
12         in Illinois.......................................10
13     Restricted driving permit..............................8
14     Duplicate or corrected driver's license
15         or permit..........................................5
16     Duplicate or corrected restricted
17         driving permit.....................................5
18     Original or renewal M or L endorsement.................5
19 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
20         The fees for commercial driver licenses and permits
21     under Article V shall be as follows:
22     Commercial driver's license:
23         $6 for the CDLIS/AAMVAnet Fund
24         (Commercial Driver's License Information
25         System/American Association of Motor Vehicle
26         Administrators network Trust Fund);
27         $20 for the Motor Carrier Safety Inspection Fund;
28         $10 for the driver's license;
29         and $24 for the CDL:.............................$60
30     Renewal commercial driver's license:
31         $6 for the CDLIS/AAMVAnet Trust Fund;
32         $20 for the Motor Carrier Safety Inspection Fund;
33         $10 for the driver's license; and
34         $24 for the CDL:.................................$60
35     Commercial driver instruction permit
36         issued to any person holding a valid

 

 

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1         Illinois driver's license for the
2         purpose of changing to a
3         CDL classification: $6 for the
4         CDLIS/AAMVAnet Trust Fund;
5         $20 for the Motor Carrier
6         Safety Inspection Fund; and
7         $24 for the CDL classification...................$50
8     Commercial driver instruction permit
9         issued to any person holding a valid
10         Illinois CDL for the purpose of
11         making a change in a classification,
12         endorsement or restriction........................$5
13     CDL duplicate or corrected license....................$5
14     In order to ensure the proper implementation of the Uniform
15 Commercial Driver License Act, Article V of this Chapter, the
16 Secretary of State is empowered to pro-rate the $24 fee for the
17 commercial driver's license proportionate to the expiration
18 date of the applicant's Illinois driver's license.
19     The fee for any duplicate license or permit shall be waived
20 for any person age 60 or older who presents the Secretary of
21 State's office with a police report showing that his license or
22 permit was stolen.
23     No additional fee shall be charged for a driver's license,
24 or for a commercial driver's license, when issued to the holder
25 of an instruction permit for the same classification or type of
26 license who becomes eligible for such license.
27     (b) Any person whose license or privilege to operate a
28 motor vehicle in this State has been suspended or revoked under
29 any provision of Chapter 6, Chapter 11, or Section 7-205,
30 7-303, or 7-702 of the Family Financial Responsibility Law of
31 this Code, shall in addition to any other fees required by this
32 Code, pay a reinstatement fee as follows:
33     Summary suspension under Section 11-501.1...........$250
34     Other suspension.....................................$70
35     Revocation..........................................$500
36     However, any person whose license or privilege to operate a

 

 

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1 motor vehicle in this State has been suspended or revoked for a
2 second or subsequent time for a violation of Section 11-501 or
3 11-501.1 of this Code or a similar provision of a local
4 ordinance or a similar out-of-state offense or Section 9-3 of
5 the Criminal Code of 1961 and each suspension or revocation was
6 for a violation of Section 11-501 or 11-501.1 of this Code or a
7 similar provision of a local ordinance or a similar
8 out-of-state offense or Section 9-3 of the Criminal Code of
9 1961 shall pay, in addition to any other fees required by this
10 Code, a reinstatement fee as follows:
11     Summary suspension under Section 11-501.1...........$500
12     Revocation..........................................$500
13     (c) All fees collected under the provisions of this Chapter
14 6 shall be paid into the Road Fund in the State Treasury except
15 as follows:
16         1. The following amounts shall be paid into the Driver
17     Education Fund:
18             (A) $16 of the $20 fee for an original driver's
19         instruction permit;
20             (B) $5 of the $10 fee for an original driver's
21         license;
22             (C) $5 of the $10 fee for a 4 year renewal driver's
23         license; and
24             (D) $4 of the $8 fee for a restricted driving
25         permit.
26         2. $30 of the $250 fee for reinstatement of a license
27     summarily suspended under Section 11-501.1 shall be
28     deposited into the Drunk and Drugged Driving Prevention
29     Fund. However, for a person whose license or privilege to
30     operate a motor vehicle in this State has been suspended or
31     revoked for a second or subsequent time for a violation of
32     Section 11-501 or 11-501.1 of this Code or Section 9-3 of
33     the Criminal Code of 1961, $190 of the $500 fee for
34     reinstatement of a license summarily suspended under
35     Section 11-501.1, and $190 of the $500 fee for
36     reinstatement of a revoked license shall be deposited into

 

 

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1     the Drunk and Drugged Driving Prevention Fund.
2         3. $6 of such original or renewal fee for a commercial
3     driver's license and $6 of the commercial driver
4     instruction permit fee when such permit is issued to any
5     person holding a valid Illinois driver's license, shall be
6     paid into the CDLIS/AAMVAnet Trust Fund.
7         4. $30 of the $70 fee for reinstatement of a license
8     suspended under the Family Financial Responsibility Law
9     shall be paid into the Family Responsibility Fund.
10         5. The $5 fee for each original or renewal M or L
11     endorsement shall be deposited into the Cycle Rider Safety
12     Training Fund.
13         6. $20 of any original or renewal fee for a commercial
14     driver's license or commercial driver instruction permit
15     shall be paid into the Motor Carrier Safety Inspection
16     Fund.
17         7. Through June 30, 2006, the amounts listed in
18     subparagraphs (A), (B), and (C) of this paragraph 7 The
19     following amounts shall be paid into the General Revenue
20     Fund. Beginning July 1, 2006, the following amounts shall
21     be paid into the Road Fund:
22             (A) $190 of the $250 reinstatement fee for a
23         summary suspension under Section 11-501.1;
24             (B) $40 of the $70 reinstatement fee for any other
25         suspension provided in subsection (b) of this Section;
26         and
27             (C) $440 of the $500 reinstatement fee for a first
28         offense revocation and $310 of the $500 reinstatement
29         fee for a second or subsequent revocation.
30 (Source: P.A. 92-458, eff. 8-22-01; 93-32, eff. 1-1-04; 93-788,
31 eff. 1-1-05.)
 
32     Section 99. Effective date. This Act takes effect upon
33 becoming law.