Full Text of HB5781 96th General Assembly
HB5781enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning revenue.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| ARTICLE 5 | 5 |
| Section 5-1. Short title. This Act may be cited as the | 6 |
| Reciprocal Tax Collection Act. | 7 |
| Section 5-5. Collection of tax liabilities of other states | 8 |
| and the District of Columbia.
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| (a) Definitions. For purposes of this Section: | 10 |
| (1) "Taxpayer" means any person identified by a | 11 |
| claimant state under this Section as owing taxes to a | 12 |
| claimant state. | 13 |
| (2) "Claimant state" means any other state of the | 14 |
| United States or the District of Columbia with whom the | 15 |
| Director has entered an agreement for reciprocal | 16 |
| collection of taxes under Section 2505-640 of the | 17 |
| Department of Revenue Law of the Civil Administrative Code | 18 |
| of Illinois. | 19 |
| (3) "Taxes" means any amount of tax imposed under the | 20 |
| laws of the claimant state or any political subdivision of | 21 |
| the claimant state, including additions to tax for | 22 |
| penalties and interest, that is finally due and payable to |
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| the claimant state by a taxpayer, and with respect to which | 2 |
| all administrative or judicial remedies, other than a claim | 3 |
| for refund of amounts collected in payment of the tax, have | 4 |
| been exhausted or have lapsed, and that is legally | 5 |
| enforceable under the laws of the claimant state against | 6 |
| the taxpayer, whether or not there is an outstanding | 7 |
| judgment for that sum. | 8 |
| (4) "Tax officer" means a unit or official of a | 9 |
| claimant state, or the duly authorized agent of that unit | 10 |
| or official, charged with the imposition, assessment, or | 11 |
| collection of taxes of that state. | 12 |
| (5) "Director" means the Illinois Director of Revenue. | 13 |
| (b) Request of claimant state for collection. | 14 |
| (1) Upon the request and certification of the tax | 15 |
| officer of a claimant state to the Director that a taxpayer | 16 |
| owes taxes to that claimant state, the Director may collect | 17 |
| those taxes, using all legal authority available to the | 18 |
| Department of Revenue to collect debt, and shall deposit | 19 |
| the amounts collected into the Reciprocal Tax Collection | 20 |
| Fund and order payment to the claimant state under Section | 21 |
| 5-10 of this Act. | 22 |
| (2) The certification shall include: | 23 |
| (A) the full name and address of the taxpayer; | 24 |
| (B) the taxpayer's Social Security number or | 25 |
| federal employer identification number; | 26 |
| (C) the amount of the tax for the taxable period |
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| sought to be collected, including a detailed statement | 2 |
| for each taxable period showing tax, interest, and | 3 |
| penalty; | 4 |
| (D) a statement whether the taxpayer filed a tax | 5 |
| return with the claimant state for the tax, and, if so, | 6 |
| whether that tax return was filed under
protest; and | 7 |
| (E) a statement that all administrative or | 8 |
| judicial remedies, other than a claim for refund of | 9 |
| amounts collected in payment of the tax, have been | 10 |
| exhausted or have lapsed and that the amount of taxes | 11 |
| is legally enforceable under the laws of that state | 12 |
| against the taxpayer. | 13 |
| (3) Upon receipt by the Director of the required | 14 |
| certification, the Director shall notify the taxpayer by | 15 |
| first-class mail to the taxpayer's last-known address that | 16 |
| the Director has received a request from the claimant state | 17 |
| to collect taxes from the taxpayer, that the taxpayer has | 18 |
| the right to protest the collection of those taxes by the | 19 |
| Director for the claimant state, that failure to file a | 20 |
| protest in accordance with item (4) of subsection (b) of | 21 |
| this Section shall constitute a waiver of any demand | 22 |
| against this State on account of the collection of those | 23 |
| taxes and that the amount, upon collection, will be paid | 24 |
| over to the claimant state. The notice shall include a copy | 25 |
| of the certification by the tax officer of the claimant | 26 |
| state. Sixty days after the date on which it is mailed, a |
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| notice under this subsection shall be final except only for | 2 |
| such amounts as to which the taxpayer has filed, as | 3 |
| provided in item (4) of subsection (b) of this Section, a | 4 |
| written protest with the Director. | 5 |
| (4) Any taxpayer notified in accordance with item (3) | 6 |
| of subsection (b) of this Section may, on or before the | 7 |
| 60th day after the mailing of the notice by the Director, | 8 |
| protest the collection of all or a portion of such taxes by | 9 |
| filing with the Director a written protest in which the | 10 |
| taxpayer shall set forth the grounds on which the protest | 11 |
| is based. If a timely protest is filed, the Director shall | 12 |
| refrain from collecting the taxes and shall send a copy of | 13 |
| the protest to the claimant state for determination of the | 14 |
| protest on its merits in accordance with the laws of that | 15 |
| state. In the case of a taxpayer that did not file a tax | 16 |
| return for the tax for the taxable period sought to be | 17 |
| collected and where the amount of taxes owed to the | 18 |
| claimant state is based on an assessment made against the | 19 |
| taxpayer by the tax officer of the claimant state, and | 20 |
| where the taxpayer has filed a timely protest under this | 21 |
| subsection, the Director shall require the claimant state | 22 |
| to certify that the assessment was contested before and | 23 |
| adjudicated by an administrative or judicial tribunal of | 24 |
| competent jurisdiction in the claimant state. If the | 25 |
| Director is satisfied that the taxpayer's written protest | 26 |
| is based on a bona fide contention that the claimant state |
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| did not have jurisdiction to tax the taxpayer, the Director | 2 |
| shall require the claimant state to certify that the | 3 |
| assessment was contested before and adjudicated by a | 4 |
| judicial tribunal of competent jurisdiction in the | 5 |
| claimant state. If the claimant state fails, on or before | 6 |
| the 45th day after the sending of the copy of the protest | 7 |
| by the Director to the claimant state, to certify to the | 8 |
| Director that the claimant state has reviewed the stated | 9 |
| grounds on which the protest is based, and to renew the | 10 |
| certification described in item (2) of subsection (b) of | 11 |
| this Section, the Director shall not collect the taxes. If | 12 |
| the certifications are made within that time period, and if | 13 |
| the Director is satisfied that the certifications are true, | 14 |
| accurate, and complete, the Director shall collect the tax. | 15 |
| Section 5-10. Expenditures from the Reciprocal Tax | 16 |
| Collection Fund.
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| (a) The Director shall order paid and the State Comptroller | 18 |
| shall pay from the Reciprocal Tax Collection Fund to the | 19 |
| claimant state the amount of taxes certified by the Director to | 20 |
| the Comptroller as collected under this Act on behalf of the | 21 |
| claimant state pursuant to a request under subsection (b) of | 22 |
| Section 5-5 of this Act. | 23 |
| (b) This Act shall constitute an irrevocable and continuing | 24 |
| appropriation from the Reciprocal Tax Collection Fund for the | 25 |
| purpose of paying amounts collected to claimant states upon the |
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| order of the Director in accordance with the provisions of this | 2 |
| Section. | 3 |
| Section 5-15. Effect of payment to claimant state.
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| payment to a claimant state of an amount certified in a request | 5 |
| for collection under subsection (b) of Section 5-5 of this Act, | 6 |
| the Director and this State shall be discharged of any | 7 |
| obligation or liability to a taxpayer with respect to the | 8 |
| amounts collected from the taxpayer and paid to the claimant | 9 |
| state pursuant to this Act. Any action for refund of those | 10 |
| amounts shall lie only against the claimant state.
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| Section 5-90. The Department of Revenue Law of the
Civil | 12 |
| Administrative Code of Illinois is amended by adding Section | 13 |
| 2505-640 as follows: | 14 |
| (20 ILCS 2505/2505-640 new) | 15 |
| Sec. 2505-640. Collection of taxes of other states. | 16 |
| (a) The Department may enter into agreements with any other | 17 |
| state for the reciprocal collection by the Department pursuant | 18 |
| to the Reciprocal Tax Collection Act of taxes owed to that | 19 |
| state and collection by the other state pursuant to a provision | 20 |
| of its law similar to the Reciprocal Tax Collection Act of | 21 |
| taxes owed to this State. | 22 |
| (b) An agreement under this Section shall contain | 23 |
| provisions relating to: |
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| (1) safeguards against the disclosure or inappropriate | 2 |
| use of any information that identifies, directly or | 3 |
| indirectly, a particular taxpayer obtained or maintained | 4 |
| pursuant to the agreement, or that is required to be kept | 5 |
| confidential under the applicable laws of either state or | 6 |
| of the United
States; and | 7 |
| (2) a minimum threshold for the amount of taxes owed by | 8 |
| a taxpayer to a state that would trigger the operation of | 9 |
| the agreement.
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| Section 5-95. The State Finance Act is amended by adding | 11 |
| Section 5.756 as follows: | 12 |
| (30 ILCS 105/5.756 new) | 13 |
| Sec. 5.756. The Reciprocal Tax Collection Fund. | 14 |
| ARTICLE 10 | 15 |
| Section 10-5. The Illinois State Collection Act of 1986 is | 16 |
| amended by adding Section 9 and by changing Section 10 as | 17 |
| follows: | 18 |
| (30 ILCS 210/9 new)
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| Sec. 9. Collection agency fees. Except where prohibited by | 20 |
| federal law or regulation, in the case of any liability | 21 |
| referred to a collection agency on or after July 1, 2010, any |
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| fee charged to the State by the collection agency (i) may not | 2 |
| exceed 25% of the liability referred to the collection agency | 3 |
| unless the liability is for a tax debt, (ii) is considered an | 4 |
| additional liability owed to the State, (iii) is immediately | 5 |
| subject to all collection procedures applicable to the | 6 |
| liability referred to the collection agency, and (iv) must be | 7 |
| separately stated in any statement or notice of the liability | 8 |
| issued by the collection agency to the debtor.
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| (30 ILCS 210/10)
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| Sec. 10. Department of Revenue Debt Collection Bureau to | 11 |
| assume
collection duties. | 12 |
| (a) The Department of Revenue's Debt Collection Bureau | 13 |
| shall serve as the
primary debt
collecting entity for the State | 14 |
| and in that role shall collect debts on behalf
of agencies of | 15 |
| the State. All debts owed the State of Illinois shall be
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| referred to the Bureau, subject to such limitations as the | 17 |
| Department of
Revenue shall by rule establish. The Bureau shall | 18 |
| utilize the Comptroller's
offset system and private collection | 19 |
| agencies, as well as its own collections
personnel. The Bureau | 20 |
| shall collect debt using all legal authority available to
the | 21 |
| Department of Revenue to collect debt and all legal authority | 22 |
| available to
the referring agency.
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| (b) The Bureau shall have the sole authority to let | 24 |
| contracts with persons
specializing in debt collection for the | 25 |
| collection of debt referred to and
accepted by the Bureau. Any |
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| contract with the debt
collector shall specify that the | 2 |
| collector's fee shall be on a contingency
basis and that the | 3 |
| debt collector shall not be entitled to collect a
contingency | 4 |
| fee for any debt collected through the efforts of any State | 5 |
| offset
system.
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| (c) The Department of Revenue shall adopt rules for the | 7 |
| certification of
debt from referring agencies and shall adopt | 8 |
| rules for the certification of
collection specialists to be | 9 |
| employed by the Bureau.
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| (d) The Department of Revenue shall adopt rules for | 11 |
| determining when a debt
referred by an agency shall be deemed | 12 |
| by the Bureau to be uncollectible.
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| (e) Once an agency's debt is deemed by the Bureau to be | 14 |
| uncollectible, the
Bureau shall return the debt to the | 15 |
| referring agency which shall then write the
debt off as | 16 |
| uncollectible in accordance with the requirements of the | 17 |
| Uncollected State Claims Act or return the debt to the Bureau | 18 |
| for additional
collection efforts. The Bureau shall refuse to | 19 |
| accept debt that has been deemed
uncollectible absent factual | 20 |
| assertions from the referring agency that due to
circumstances | 21 |
| not known at the time the debt was deemed uncollectible that | 22 |
| the
debt is worthy of additional collection efforts.
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| (f) For each debt referred, the State agency shall retain | 24 |
| all documents and
records relating to or supporting the debt. | 25 |
| In the event a debtor shall raise a
reasonable doubt as to the | 26 |
| validity of the debt, the Bureau may in its
discretion refer |
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| the debt back to the referring agency for further review and
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| recommendation.
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| (g) The Department of Healthcare and Family Services shall | 4 |
| be exempt from the requirements of
this Section
with regard to | 5 |
| child support debts, the collection of which is governed by the
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| requirements of Title IV, Part D of the federal Social Security | 7 |
| Act. The
Department of Healthcare and Family Services may refer | 8 |
| child support debts to the Bureau, provided
that the debt | 9 |
| satisfies the requirements for referral of delinquent debt as
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| established by rule by the Department of Revenue. The Bureau | 11 |
| shall use all
legal means available to collect child support | 12 |
| debt, including those
authorizing the Department of Revenue to | 13 |
| collect debt and those authorizing the
Department of Healthcare | 14 |
| and Family Services to collect debt. All such referred debt | 15 |
| shall remain
an obligation under the Department of Healthcare | 16 |
| and Family Services' Child Support Enforcement
Program subject | 17 |
| to the requirements of Title IV, Part D of the federal Social
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| Security Act, including the continued use of federally mandated | 19 |
| enforcement
remedies and techniques by the Department of | 20 |
| Healthcare and Family Services.
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| (g-1) The Department of Employment Security is exempt from | 22 |
| subsection (a)
with regard to debts to any federal account, | 23 |
| including but not limited to the
Unemployment Trust Fund, and | 24 |
| penalties and interest assessed under the
Unemployment | 25 |
| Insurance Act. The Department of Employment Security may refer
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| those debts to the Bureau, provided the debt satisfies the |
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| requirements for
referral of delinquent debt as established by | 2 |
| rule by the Department of
Revenue. The Bureau shall use all | 3 |
| legal means available to collect the debts,
including those | 4 |
| authorizing the Department of Revenue to collect debt and those
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| authorizing the Department of Employment Security to collect | 6 |
| debt. All
referred debt shall remain an obligation to the | 7 |
| account to which it is owed.
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| (h) The Bureau may collect its costs of collecting debts on | 9 |
| behalf of other State agencies from those agencies in a manner | 10 |
| to be determined by the Director of Revenue, except that the | 11 |
| Bureau shall not recover any such cost on any accounts referred | 12 |
| by the General Assembly, the Supreme Court and other courts of | 13 |
| this State, and the State executive branch constitutional | 14 |
| officers. The Debt Collection Fund is created as a special fund | 15 |
| in the State
treasury. Debt collection contractors under this | 16 |
| Act shall receive a
contingency fee as provided by the terms of | 17 |
| their contracts with the Department
of Revenue. Thereafter, 20% | 18 |
| of all amounts collected by the
Bureau, excluding amounts | 19 |
| collected on behalf of the Departments of Healthcare and Family | 20 |
| Services (formerly Public Aid)
and Revenue,
shall be deposited | 21 |
| into the Debt Collection Fund, except that the Bureau shall not | 22 |
| impose the 20% collection fee on any accounts referred by the | 23 |
| General Assembly, the Supreme Court and several courts of this | 24 |
| State, and the State executive branch constitutional officers. | 25 |
| All remaining amounts
collected shall be deposited into the | 26 |
| General Revenue Fund unless the funds are
owed to any State |
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| fund or funds other than the General Revenue Fund. Moneys in
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| the Debt Collection Fund shall be appropriated only for the | 3 |
| administrative
costs of the Bureau. On the last day of each | 4 |
| fiscal year, unappropriated moneys
and moneys otherwise deemed | 5 |
| unneeded for the next fiscal year remaining in the
Debt | 6 |
| Collection Fund may be transferred into the General Revenue | 7 |
| Fund at the
Governor's reasonable discretion. The provisions of | 8 |
| this subsection do not
apply to debt that is exempt from | 9 |
| subsection (a) pursuant to subsection (g-1)
or child support | 10 |
| debt referred to the Bureau by the Department of Healthcare and | 11 |
| Family Services (formerly
Department of Public
Aid) pursuant to | 12 |
| this amendatory Act of the 93rd General Assembly. Collections
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| arising from referrals from
the Department of Healthcare and | 14 |
| Family Services (formerly
Department of Public Aid) shall be | 15 |
| deposited into such fund or funds as the
Department of | 16 |
| Healthcare and Family Services shall direct, in accordance with | 17 |
| the requirements of
Title IV, Part D of the federal Social | 18 |
| Security Act, applicable provisions of
State law, and the rules | 19 |
| of the Department of Healthcare and Family Services. | 20 |
| Collections arising
from referrals from the Department of | 21 |
| Employment Security shall be deposited
into the fund or funds | 22 |
| that the Department of Employment Security shall direct,
in | 23 |
| accordance with the requirements of Section 3304(a)(3) of the | 24 |
| federal
Unemployment Tax Act, Section 303(a)(4) of the federal | 25 |
| Social Security Act, and
the Unemployment Insurance Act.
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| (i) The Attorney General and the State Comptroller may |
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| assist in the debt
collection efforts of the Bureau, as | 2 |
| requested by the Department of Revenue.
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| (j) The Director of Revenue shall report annually to the | 4 |
| General Assembly
and State Comptroller upon the debt collection | 5 |
| efforts of the Bureau. Each
report shall include an analysis of | 6 |
| the overdue debts owed to the State.
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| (k) The Department of Revenue shall adopt rules and | 8 |
| procedures for the
administration of this amendatory Act of the | 9 |
| 93rd General Assembly. The rules
shall be adopted under the
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| Department of Revenue's emergency rulemaking authority within | 11 |
| 90 days following
the effective date of this amendatory Act of | 12 |
| the 93rd General Assembly due to
the budget crisis threatening | 13 |
| the public interest.
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| (l) The Department of Revenue's Debt Collection Bureau's | 15 |
| obligations under
this
Section 10 shall be subject to | 16 |
| appropriation by the General Assembly.
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| (Source: P.A. 95-331, eff. 8-21-07; 96-493, eff. 1-1-10.)
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| Section 10-10. The Retailers' Occupation Tax Act is amended | 19 |
| by changing Section 5 as follows:
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| (35 ILCS 120/5) (from Ch. 120, par. 444)
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| Sec. 5.
In case any person engaged in the business of | 22 |
| selling tangible
personal property at retail fails to file a | 23 |
| return when and as herein
required, but thereafter, prior to | 24 |
| the Department's issuance of a notice
of tax liability under |
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| this Section, files a return and pays the tax, he
shall also | 2 |
| pay a penalty in an amount determined in accordance with | 3 |
| Section
3-3 of the Uniform Penalty and Interest Act.
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| In case any person engaged in the business of selling | 5 |
| tangible
personal property at retail files the return at the | 6 |
| time required by
this Act but fails to pay the tax, or any part | 7 |
| thereof, when due, a penalty
in an amount determined in | 8 |
| accordance with Section 3-3 of the Uniform
Penalty and Interest | 9 |
| Act shall be added thereto.
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| In case any person engaged in the business of selling | 11 |
| tangible
personal property at retail fails to file a return | 12 |
| when and as herein
required, but thereafter, prior to the | 13 |
| Department's issuance of a notice
of tax liability under this | 14 |
| Section, files a return but fails to pay the
entire tax, a | 15 |
| penalty in an amount determined in accordance with Section
3-3 | 16 |
| of the Uniform Penalty and Interest Act shall be added thereto.
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| In case any person engaged in the business of selling | 18 |
| tangible
personal property at retail fails to file a return, | 19 |
| the Department shall
determine the amount of tax due from him | 20 |
| according to its best judgment
and information, which amount so | 21 |
| fixed by the Department shall be prima
facie correct and shall | 22 |
| be prima facie evidence of the correctness of
the amount of tax | 23 |
| due, as shown in such determination. In making any
such | 24 |
| determination of tax due, it shall be permissible for the
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| Department to show a figure that represents the tax due for any | 26 |
| given
period of 6 months instead of showing the amount of tax |
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| due for each
month separately. Proof of such determination by | 2 |
| the Department may be
made at any hearing before the Department | 3 |
| or in any legal proceeding by
a reproduced copy or computer | 4 |
| print-out of the Department's record relating
thereto in the | 5 |
| name of the Department under the certificate of the Director
of | 6 |
| Revenue. If reproduced copies of the Department's records are | 7 |
| offered as
proof of such determination, the Director must | 8 |
| certify that those copies
are true and exact copies of records | 9 |
| on file with the Department. If computer
print-outs of the | 10 |
| Department's records are offered as proof of such
| 11 |
| determination, the Director must certify that those computer | 12 |
| print-outs are
true and exact representations of records | 13 |
| properly entered into standard
electronic computing equipment, | 14 |
| in the regular course of the Department's
business, at or | 15 |
| reasonably near the time of the occurrence of the facts
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| recorded, from trustworthy and reliable information. Such | 17 |
| certified
reproduced copy or certified computer print-out | 18 |
| shall, without further
proof, be admitted into evidence before | 19 |
| the Department or in any legal
proceeding and shall be prima | 20 |
| facie proof of the correctness of the amount
of tax due, as | 21 |
| shown therein. The Department shall issue the taxpayer a
notice | 22 |
| of tax liability for the amount of tax claimed by the | 23 |
| Department to
be due, together with a penalty of 30% thereof.
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| However, where the failure to file any tax return required | 25 |
| under this Act
on the date prescribed therefor (including any | 26 |
| extensions thereof), is
shown to be unintentional and |
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| nonfraudulent and has not occurred in the 2
years immediately | 2 |
| preceding the failure to file on the prescribed date or
is due | 3 |
| to other reasonable cause the penalties imposed by this Act | 4 |
| shall
not apply.
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| If such person or the legal representative of such person | 6 |
| files,
within 60 days after such notice, a protest to such | 7 |
| notice of tax
liability and requests a hearing thereon, the | 8 |
| Department shall give
notice to such person or the legal | 9 |
| representative of such person of the
time and place fixed for | 10 |
| such hearing, and shall hold a hearing in
conformity with the | 11 |
| provisions of this Act, and pursuant thereto shall
issue a | 12 |
| final assessment to such person or to the legal representative
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| of such person for the amount found to be due as a result of | 14 |
| such hearing.
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| If a protest to the notice of tax liability and a request | 16 |
| for a
hearing thereon is not filed within 60 days after such | 17 |
| notice, such
notice of tax liability shall become final without | 18 |
| the necessity of a
final assessment being issued and shall be | 19 |
| deemed to be a final assessment.
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| After the issuance of a final assessment, or a notice of | 21 |
| tax
liability which becomes final without the necessity of | 22 |
| actually issuing
a final assessment as hereinbefore provided, | 23 |
| the Department, at any time
before such assessment is reduced | 24 |
| to judgment, may (subject to rules of
the Department) grant a | 25 |
| rehearing (or grant departmental review and hold
an original | 26 |
| hearing if no previous hearing in the matter has been held)
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| upon the application of the person aggrieved. Pursuant to such | 2 |
| hearing
or rehearing, the Department shall issue a revised | 3 |
| final assessment to
such person or his legal representative for | 4 |
| the amount found to be due
as a result of such hearing or | 5 |
| rehearing.
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| Except in case of failure to file a return, or with the | 7 |
| consent of the person
to whom the notice of tax liability is to | 8 |
| be issued, no notice of tax liability
shall be issued on and | 9 |
| after each July 1 and January 1 covering gross receipts
| 10 |
| received during any month or period of time more than 3 years | 11 |
| prior to such
July 1 and January 1, respectively, except that | 12 |
| if a return is not filed at the
required time, a notice of tax | 13 |
| liability may be issued not later than 3 years
after the time | 14 |
| the return is filed. The foregoing limitations upon the | 15 |
| issuance
of a notice of tax liability shall not apply to the | 16 |
| issuance of any such notice
with respect to any period of time | 17 |
| prior thereto in cases where the Department
has, within the | 18 |
| period of limitation then provided, notified a person of the
| 19 |
| amount of tax computed even though the Department had not | 20 |
| determined the amount
of tax due from such person in the manner | 21 |
| required herein prior to the issuance
of such notice, but in no | 22 |
| case shall the amount of any such notice of tax
liability for | 23 |
| any period otherwise barred by this Act exceed for such period
| 24 |
| the amount shown in the notice theretofore issued.
| 25 |
| If, when a tax or penalty under this Act becomes due and | 26 |
| payable, the
person alleged to be liable therefor is out of the |
|
|
|
HB5781 Enrolled |
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LRB096 18161 HLH 33536 b |
|
| 1 |
| State, the notice of
tax liability may be issued within the | 2 |
| times herein limited after his
or her coming into or return to | 3 |
| the State; and if, after the tax or penalty
under this Act | 4 |
| becomes due and payable, the person alleged to be liable
| 5 |
| therefor departs from and remains out of the State, the time of | 6 |
| his
or her absence is no part of the time limited for the | 7 |
| issuance of the notice of
tax liability; but the foregoing | 8 |
| provisions concerning absence from the
State shall not apply to | 9 |
| any case in which, at the time when a tax or
penalty becomes | 10 |
| due under this Act, the person allegedly liable therefor
is not | 11 |
| a resident of this State.
| 12 |
| The time limitation period on the Department's right to | 13 |
| issue a
notice of tax liability shall not run during any period | 14 |
| of time in which
the order of any court has the effect of | 15 |
| enjoining or restraining the
Department from issuing the notice | 16 |
| of tax liability.
| 17 |
| In case of failure to pay the tax, or any portion thereof, | 18 |
| or any
penalty provided for in this Act, or interest, when due, | 19 |
| the Department may
bring suit to recover the amount of such | 20 |
| tax, or portion thereof, or penalty
or interest; or, if the | 21 |
| taxpayer has died or become a person under legal
disability, | 22 |
| may file a claim therefor against his estate; provided that no | 23 |
| such
suit with respect to any tax, or portion thereof, or | 24 |
| penalty, or interest
shall be instituted more than 6 2 years | 25 |
| after the date any proceedings in
court for review thereof have | 26 |
| terminated or the time for the taking
thereof has expired |
|
|
|
HB5781 Enrolled |
- 19 - |
LRB096 18161 HLH 33536 b |
|
| 1 |
| without such proceedings being instituted, except
with the | 2 |
| consent of the person from whom such tax or penalty or interest
| 3 |
| is due; nor, except with such consent, shall such suit be | 4 |
| instituted
more than 6 2 years after the date any return is | 5 |
| filed with the Department
in cases where the return constitutes | 6 |
| the basis for the suit for unpaid
tax, or portion thereof, or | 7 |
| penalty provided for in this Act, or
interest: Provided that | 8 |
| the time limitation period on the Department's
right to bring | 9 |
| any such suit shall not run during any period of time in
which | 10 |
| the order of any court has the effect of enjoining or | 11 |
| restraining
the Department from bringing such suit.
| 12 |
| After the expiration of the period within which the person | 13 |
| assessed
may file an action for judicial review under the | 14 |
| Administrative Review Law
without such an action being filed, a | 15 |
| certified copy of the final
assessment or revised final | 16 |
| assessment of the Department may be filed
with the Circuit | 17 |
| Court of the county in which the taxpayer has his
principal | 18 |
| place of business, or of Sangamon County in those cases in
| 19 |
| which the taxpayer does not have his principal place of | 20 |
| business in this
State. The certified copy of the final | 21 |
| assessment or revised final
assessment shall be accompanied by | 22 |
| a certification which recites facts
that are sufficient to show | 23 |
| that the Department complied with the
jurisdictional | 24 |
| requirements of the Act in arriving at its final
assessment or | 25 |
| its revised final assessment and that the taxpayer had his
| 26 |
| opportunity for an administrative hearing and for judicial |
|
|
|
HB5781 Enrolled |
- 20 - |
LRB096 18161 HLH 33536 b |
|
| 1 |
| review,
whether he availed himself or herself of either or both | 2 |
| of these opportunities
or not. If the court is satisfied that | 3 |
| the Department complied with the
jurisdictional requirements | 4 |
| of the Act in arriving at its final
assessment or its revised | 5 |
| final assessment and that the taxpayer had his
opportunity for | 6 |
| an administrative hearing and for judicial review,
whether he | 7 |
| availed himself of either or both of these opportunities or
| 8 |
| not, the court shall render judgment in favor of the Department | 9 |
| and
against the taxpayer for the amount shown to be due by the | 10 |
| final
assessment or the revised final assessment, plus any | 11 |
| interest which may
be due, and such judgment shall be entered | 12 |
| in the judgment docket of the
court. Such judgment shall bear | 13 |
| the rate of interest as set by the Uniform
Penalty and Interest | 14 |
| Act, but otherwise shall have the same effect as other
| 15 |
| judgments. The judgment may be enforced, and all laws | 16 |
| applicable to sales
for the enforcement of a judgment shall be | 17 |
| applicable to sales made under
such judgments. The Department | 18 |
| shall file the certified copy of its
assessment, as herein | 19 |
| provided, with the Circuit Court within 6 2 years after
such | 20 |
| assessment becomes final except when the taxpayer consents in | 21 |
| writing
to an extension of such filing period, and except that | 22 |
| the time limitation
period on the Department's right to file | 23 |
| the certified copy of its
assessment with the Circuit Court | 24 |
| shall not run during any period of time
in which the order of | 25 |
| any court has the effect of enjoining or restraining
the | 26 |
| Department from filing such certified copy of its assessment |
|
|
|
HB5781 Enrolled |
- 21 - |
LRB096 18161 HLH 33536 b |
|
| 1 |
| with the
Circuit Court.
| 2 |
| If, when the cause of action for a proceeding in court | 3 |
| accrues
against a person, he or she is out of the State, the | 4 |
| action may be commenced
within the times herein limited, after | 5 |
| his or her coming into or return to the
State; and if, after | 6 |
| the cause of action accrues, he or she departs from and
remains | 7 |
| out of the State, the time of his or her absence is no part of | 8 |
| the time
limited for the commencement of the action; but the | 9 |
| foregoing provisions
concerning absence from the State shall | 10 |
| not apply to any case in which,
at the time the cause of action | 11 |
| accrues, the party against whom the
cause of action accrues is | 12 |
| not a resident of this State. The time within
which a court | 13 |
| action is to be commenced by the Department hereunder
shall not | 14 |
| run from the date the taxpayer files a petition in bankruptcy
| 15 |
| under the Federal Bankruptcy Act until 30 days after notice of | 16 |
| termination
or expiration of the automatic stay imposed by the | 17 |
| Federal Bankruptcy Act.
| 18 |
| No claim shall be filed against the estate of any deceased | 19 |
| person or any
person under legal disability for any tax or | 20 |
| penalty or part of either, or
interest, except in the manner | 21 |
| prescribed and within the time limited by
the Probate Act of | 22 |
| 1975, as amended.
| 23 |
| The collection of tax or penalty or interest by any means | 24 |
| provided
for herein shall not be a bar to any prosecution under | 25 |
| this Act.
| 26 |
| In addition to any penalty provided for in this Act, any |
|
|
|
HB5781 Enrolled |
- 22 - |
LRB096 18161 HLH 33536 b |
|
| 1 |
| amount of
tax which is not paid when due shall bear interest at | 2 |
| the rate and in the
manner specified in Sections 3-2 and 3-9 of | 3 |
| the Uniform Penalty and
Interest Act from the date when such | 4 |
| tax becomes past due until such tax is
paid or a judgment | 5 |
| therefor is obtained by the Department. If the time for
making | 6 |
| or completing an audit of a taxpayer's books and records is | 7 |
| extended
with the taxpayer's consent, at the request of and for | 8 |
| the convenience of
the Department, beyond the date on which the | 9 |
| statute of limitations upon
the issuance of a notice of tax | 10 |
| liability by the Department otherwise would
run, no interest | 11 |
| shall accrue during the period of such extension or until
a | 12 |
| Notice of Tax Liability is issued, whichever occurs first.
| 13 |
| In addition to any other remedy provided by this Act, and | 14 |
| regardless
of whether the Department is making or intends to | 15 |
| make use of such other
remedy, where a corporation or limited | 16 |
| liability company registered under
this Act violates the | 17 |
| provisions of this Act or of any rule or regulation
promulgated | 18 |
| thereunder, the Department may give notice to the Attorney | 19 |
| General
of the identity of such a corporation or limited | 20 |
| liability company and of the
violations committed by such a | 21 |
| corporation or limited liability company, for
such action as is | 22 |
| not already provided for by this Act and as the Attorney
| 23 |
| General may deem appropriate.
| 24 |
| If the Department determines that an amount of tax or | 25 |
| penalty or interest
was incorrectly assessed, whether as the | 26 |
| result of a mistake of fact or an
error of law, the Department |
|
|
|
HB5781 Enrolled |
- 23 - |
LRB096 18161 HLH 33536 b |
|
| 1 |
| shall waive the amount of tax or penalty or
interest that | 2 |
| accrued due to the incorrect assessment.
| 3 |
| (Source: P.A. 87-193; 87-205; 87-895; 88-480.)
| 4 |
| Section 10-15. The Illinois Vehicle Code is amended by | 5 |
| changing Section 2-123 as follows:
| 6 |
| (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
| 7 |
| Sec. 2-123. Sale and Distribution of Information.
| 8 |
| (a) Except as otherwise provided in this Section, the | 9 |
| Secretary may make the
driver's license, vehicle and title | 10 |
| registration lists, in part or in whole,
and any statistical | 11 |
| information derived from these lists available to local
| 12 |
| governments, elected state officials, state educational | 13 |
| institutions, and all
other governmental units of the State and | 14 |
| Federal
Government
requesting them for governmental purposes. | 15 |
| The Secretary shall require any such
applicant for services to | 16 |
| pay for the costs of furnishing such services and the
use of | 17 |
| the equipment involved, and in addition is empowered to | 18 |
| establish prices
and charges for the services so furnished and | 19 |
| for the use of the electronic
equipment utilized.
| 20 |
| (b) The Secretary is further empowered to and he may, in | 21 |
| his discretion,
furnish to any applicant, other than listed in | 22 |
| subsection (a) of this Section,
vehicle or driver data on a | 23 |
| computer tape, disk, other electronic format or
computer | 24 |
| processable medium, or printout at a fixed fee of
$250 for |
|
|
|
HB5781 Enrolled |
- 24 - |
LRB096 18161 HLH 33536 b |
|
| 1 |
| orders received before October 1, 2003 and $500 for orders | 2 |
| received
on or after October 1, 2003, in advance, and require | 3 |
| in addition a
further sufficient
deposit based upon the | 4 |
| Secretary of State's estimate of the total cost of the
| 5 |
| information requested and a charge of $25 for orders received | 6 |
| before October
1, 2003 and $50 for orders received on or after | 7 |
| October 1, 2003, per 1,000
units or part
thereof identified or | 8 |
| the actual cost, whichever is greater. The Secretary is
| 9 |
| authorized to refund any difference between the additional | 10 |
| deposit and the
actual cost of the request. This service shall | 11 |
| not be in lieu of an abstract
of a driver's record nor of a | 12 |
| title or registration search. This service may
be limited to | 13 |
| entities purchasing a minimum number of records as required by
| 14 |
| administrative rule. The information
sold pursuant to this | 15 |
| subsection shall be the entire vehicle or driver data
list, or | 16 |
| part thereof. The information sold pursuant to this subsection
| 17 |
| shall not contain personally identifying information unless | 18 |
| the information is
to be used for one of the purposes | 19 |
| identified in subsection (f-5) of this
Section. Commercial | 20 |
| purchasers of driver and vehicle record databases shall
enter | 21 |
| into a written agreement with the Secretary of State that | 22 |
| includes
disclosure of the commercial use of the information to | 23 |
| be purchased. | 24 |
| (b-1) The Secretary is further empowered to and may, in his | 25 |
| or her discretion, furnish vehicle or driver data on a computer | 26 |
| tape, disk, or other electronic format or computer processible |
|
|
|
HB5781 Enrolled |
- 25 - |
LRB096 18161 HLH 33536 b |
|
| 1 |
| medium, at no fee, to any State or local governmental agency | 2 |
| that uses the information provided by the Secretary to transmit | 3 |
| data back to the Secretary that enables the Secretary to | 4 |
| maintain accurate driving records, including dispositions of | 5 |
| traffic cases. This information may be provided without fee not | 6 |
| more often than once every 6 months.
| 7 |
| (c) Secretary of State may issue registration lists. The | 8 |
| Secretary
of State may compile a list of all registered
| 9 |
| vehicles. Each list of registered vehicles shall be arranged | 10 |
| serially
according to the registration numbers assigned to | 11 |
| registered vehicles and
may contain in addition the names and | 12 |
| addresses of registered owners and
a brief description of each | 13 |
| vehicle including the serial or other
identifying number | 14 |
| thereof. Such compilation may be in such form as in the
| 15 |
| discretion of the Secretary of State may seem best for the | 16 |
| purposes intended.
| 17 |
| (d) The Secretary of State shall furnish no more than 2 | 18 |
| current available
lists of such registrations to the sheriffs | 19 |
| of all counties and to the chiefs
of police of all cities and | 20 |
| villages and towns of 2,000 population and over
in this State | 21 |
| at no cost. Additional copies may be purchased by the sheriffs
| 22 |
| or chiefs of police at the fee
of $500 each or at the cost of | 23 |
| producing the list as determined
by the Secretary of State. | 24 |
| Such lists are to be used for governmental
purposes only.
| 25 |
| (e) (Blank).
| 26 |
| (e-1) (Blank).
|
|
|
|
HB5781 Enrolled |
- 26 - |
LRB096 18161 HLH 33536 b |
|
| 1 |
| (f) The Secretary of State shall make a title or | 2 |
| registration search of the
records of his office and a written | 3 |
| report on the same for any person, upon
written application of | 4 |
| such person, accompanied by a fee of $5 for
each registration | 5 |
| or title search. The written application shall set forth
the | 6 |
| intended use of the requested information. No fee shall be | 7 |
| charged for a
title or
registration search, or for the | 8 |
| certification thereof requested by a government
agency. The | 9 |
| report of the title or registration search shall not contain
| 10 |
| personally identifying information unless the request for a | 11 |
| search was made for
one of the purposes identified in | 12 |
| subsection (f-5) of this Section. The report of the title or | 13 |
| registration search shall not contain highly
restricted | 14 |
| personal
information unless specifically authorized by this | 15 |
| Code.
| 16 |
| The Secretary of State shall certify a title or | 17 |
| registration record upon
written request. The fee for | 18 |
| certification shall be $5 in addition
to the fee required for a | 19 |
| title or registration search. Certification shall
be made under | 20 |
| the signature of the Secretary of State and shall be
| 21 |
| authenticated by Seal of the Secretary of State.
| 22 |
| The Secretary of State may notify the vehicle owner or | 23 |
| registrant of
the request for purchase of his title or | 24 |
| registration information as the
Secretary deems appropriate.
| 25 |
| No information shall be released to the requestor until | 26 |
| expiration of a
10 day period. This 10 day period shall not |
|
|
|
HB5781 Enrolled |
- 27 - |
LRB096 18161 HLH 33536 b |
|
| 1 |
| apply to requests for
information made by law enforcement | 2 |
| officials, government agencies,
financial institutions, | 3 |
| attorneys, insurers, employers, automobile
associated | 4 |
| businesses, persons licensed as a private detective or firms
| 5 |
| licensed as a private detective agency under the Private | 6 |
| Detective, Private
Alarm, Private Security, Fingerprint | 7 |
| Vendor, and Locksmith Act of 2004, who are employed by or are
| 8 |
| acting on
behalf of law enforcement officials, government | 9 |
| agencies, financial
institutions, attorneys, insurers, | 10 |
| employers, automobile associated businesses,
and other | 11 |
| business entities for purposes consistent with the Illinois | 12 |
| Vehicle
Code, the vehicle owner or registrant or other entities | 13 |
| as the Secretary may
exempt by rule and regulation.
| 14 |
| Any misrepresentation made by a requestor of title or | 15 |
| vehicle information
shall be punishable as a petty offense, | 16 |
| except in the case of persons
licensed as a private detective | 17 |
| or firms licensed as a private detective agency
which shall be | 18 |
| subject to disciplinary sanctions under Section 40-10 of the
| 19 |
| Private Detective, Private Alarm, Private Security, | 20 |
| Fingerprint Vendor, and Locksmith Act of 2004.
| 21 |
| (f-5) The Secretary of State shall not disclose or | 22 |
| otherwise make
available to
any person or entity any personally | 23 |
| identifying information obtained by the
Secretary
of State in | 24 |
| connection with a driver's license, vehicle, or title | 25 |
| registration
record
unless the information is disclosed for one | 26 |
| of the following purposes:
|
|
|
|
HB5781 Enrolled |
- 28 - |
LRB096 18161 HLH 33536 b |
|
| 1 |
| (1) For use by any government agency, including any | 2 |
| court or law
enforcement agency, in carrying out its | 3 |
| functions, or any private person or
entity acting on behalf | 4 |
| of a federal, State, or local agency in carrying out
its
| 5 |
| functions.
| 6 |
| (2) For use in connection with matters of motor vehicle | 7 |
| or driver safety
and theft; motor vehicle emissions; motor | 8 |
| vehicle product alterations, recalls,
or advisories; | 9 |
| performance monitoring of motor vehicles, motor vehicle | 10 |
| parts,
and dealers; and removal of non-owner records from | 11 |
| the original owner
records of motor vehicle manufacturers.
| 12 |
| (3) For use in the normal course of business by a | 13 |
| legitimate business or
its agents, employees, or | 14 |
| contractors, but only:
| 15 |
| (A) to verify the accuracy of personal information | 16 |
| submitted by
an individual to the business or its | 17 |
| agents, employees, or contractors;
and
| 18 |
| (B) if such information as so submitted is not | 19 |
| correct or is no
longer correct, to obtain the correct | 20 |
| information, but only for the
purposes of preventing | 21 |
| fraud by, pursuing legal remedies against, or
| 22 |
| recovering on a debt or security interest against, the | 23 |
| individual.
| 24 |
| (4) For use in research activities and for use in | 25 |
| producing statistical
reports, if the personally | 26 |
| identifying information is not published,
redisclosed, or |
|
|
|
HB5781 Enrolled |
- 29 - |
LRB096 18161 HLH 33536 b |
|
| 1 |
| used to
contact individuals.
| 2 |
| (5) For use in connection with any civil, criminal, | 3 |
| administrative, or
arbitral proceeding in any federal, | 4 |
| State, or local court or agency or before
any
| 5 |
| self-regulatory body, including the service of process, | 6 |
| investigation in
anticipation of litigation, and the | 7 |
| execution or enforcement of judgments and
orders, or | 8 |
| pursuant to an order of a federal, State, or local court.
| 9 |
| (6) For use by any insurer or insurance support | 10 |
| organization or by a
self-insured entity or its agents, | 11 |
| employees, or contractors in connection with
claims | 12 |
| investigation activities, antifraud activities, rating, or | 13 |
| underwriting.
| 14 |
| (7) For use in providing notice to the owners of towed | 15 |
| or
impounded vehicles.
| 16 |
| (8) For use by any person licensed as a private | 17 |
| detective or firm licensed as a private
detective agency | 18 |
| under
the Private Detective, Private Alarm, Private | 19 |
| Security, Fingerprint Vendor, and Locksmith Act of
2004, | 20 |
| private investigative agency or security service
licensed | 21 |
| in Illinois for any purpose permitted under this | 22 |
| subsection.
| 23 |
| (9) For use by an employer or its agent or insurer to | 24 |
| obtain or verify
information relating to a holder of a | 25 |
| commercial driver's license that is
required under chapter | 26 |
| 313 of title 49 of the United States Code.
|
|
|
|
HB5781 Enrolled |
- 30 - |
LRB096 18161 HLH 33536 b |
|
| 1 |
| (10) For use in connection with the operation of | 2 |
| private toll
transportation facilities.
| 3 |
| (11) For use by any requester, if the requester | 4 |
| demonstrates it has
obtained the written consent of the | 5 |
| individual to whom the information
pertains.
| 6 |
| (12) For use by members of the news media, as defined | 7 |
| in
Section 1-148.5, for the purpose of newsgathering when | 8 |
| the request relates to
the
operation of a motor vehicle or | 9 |
| public safety.
| 10 |
| (13) For any other use specifically authorized by law, | 11 |
| if that use is
related to the operation of a motor vehicle | 12 |
| or public safety. | 13 |
| (f-6) The Secretary of State shall not disclose or | 14 |
| otherwise make
available to any
person or entity any highly | 15 |
| restricted personal information obtained by the
Secretary of
| 16 |
| State in connection with a driver's license, vehicle, or
title | 17 |
| registration
record unless
specifically authorized by this | 18 |
| Code.
| 19 |
| (g) 1. The Secretary of State may, upon receipt of a | 20 |
| written request
and a fee of $6 before October 1, 2003 and | 21 |
| a fee of $12 on and after October
1, 2003, furnish to the | 22 |
| person or agency so requesting a
driver's record. Such | 23 |
| document may include a record of: current driver's
license | 24 |
| issuance information, except that the information on | 25 |
| judicial driving
permits shall be available only as | 26 |
| otherwise provided by this Code;
convictions; orders |
|
|
|
HB5781 Enrolled |
- 31 - |
LRB096 18161 HLH 33536 b |
|
| 1 |
| entered revoking, suspending or cancelling a
driver's
| 2 |
| license or privilege; and notations of accident | 3 |
| involvement. All other
information, unless otherwise | 4 |
| permitted by
this Code, shall remain confidential. | 5 |
| Information released pursuant to a
request for a driver's | 6 |
| record shall not contain personally identifying
| 7 |
| information, unless the request for the driver's record was | 8 |
| made for one of the
purposes set forth in subsection (f-5) | 9 |
| of this Section. The Secretary of State may, without fee, | 10 |
| allow a parent or guardian of a person under the age of 18 | 11 |
| years, who holds an instruction permit or graduated | 12 |
| driver's license, to view that person's driving record | 13 |
| online, through a computer connection.
The parent or | 14 |
| guardian's online access to the driving record will | 15 |
| terminate when the instruction permit or graduated | 16 |
| driver's license holder reaches the age of 18.
| 17 |
| 2. The Secretary of State shall not disclose or | 18 |
| otherwise make available
to any
person or
entity any highly | 19 |
| restricted personal information obtained by the Secretary | 20 |
| of
State in
connection with a driver's license, vehicle, or | 21 |
| title
registration record
unless specifically
authorized | 22 |
| by this Code. The Secretary of State may certify an | 23 |
| abstract of a driver's record
upon written request | 24 |
| therefor. Such certification
shall be made under the | 25 |
| signature of the Secretary of State and shall be
| 26 |
| authenticated by the Seal of his office.
|
|
|
|
HB5781 Enrolled |
- 32 - |
LRB096 18161 HLH 33536 b |
|
| 1 |
| 3. All requests for driving record information shall be | 2 |
| made in a manner
prescribed by the Secretary and shall set | 3 |
| forth the intended use of the
requested information.
| 4 |
| The Secretary of State may notify the affected driver | 5 |
| of the request
for purchase of his driver's record as the | 6 |
| Secretary deems appropriate.
| 7 |
| No information shall be released to the requester until | 8 |
| expiration of a
10 day period. This 10 day period shall not | 9 |
| apply to requests for information
made by law enforcement | 10 |
| officials, government agencies, financial institutions,
| 11 |
| attorneys, insurers, employers, automobile associated | 12 |
| businesses, persons
licensed as a private detective or | 13 |
| firms licensed as a private detective agency
under the | 14 |
| Private Detective, Private Alarm, Private Security, | 15 |
| Fingerprint Vendor, and Locksmith Act
of 2004,
who are | 16 |
| employed by or are acting on behalf of law enforcement | 17 |
| officials,
government agencies, financial institutions, | 18 |
| attorneys, insurers, employers,
automobile associated | 19 |
| businesses, and other business entities for purposes
| 20 |
| consistent with the Illinois Vehicle Code, the affected | 21 |
| driver or other
entities as the Secretary may exempt by | 22 |
| rule and regulation.
| 23 |
| Any misrepresentation made by a requestor of driver | 24 |
| information shall
be punishable as a petty offense, except | 25 |
| in the case of persons licensed as
a private detective or | 26 |
| firms licensed as a private detective agency which shall
be |
|
|
|
HB5781 Enrolled |
- 33 - |
LRB096 18161 HLH 33536 b |
|
| 1 |
| subject to disciplinary sanctions under Section 40-10 of | 2 |
| the Private
Detective, Private Alarm, Private Security, | 3 |
| Fingerprint Vendor, and Locksmith Act of 2004.
| 4 |
| 4. The Secretary of State may furnish without fee, upon | 5 |
| the written
request of a law enforcement agency, any | 6 |
| information from a driver's
record on file with the | 7 |
| Secretary of State when such information is required
in the | 8 |
| enforcement of this Code or any other law relating to the | 9 |
| operation
of motor vehicles, including records of | 10 |
| dispositions; documented
information involving the use of | 11 |
| a motor vehicle; whether such individual
has, or previously | 12 |
| had, a driver's license; and the address and personal
| 13 |
| description as reflected on said driver's record.
| 14 |
| 5. Except as otherwise provided in this Section, the | 15 |
| Secretary of
State may furnish, without fee, information | 16 |
| from an individual driver's
record on file, if a written | 17 |
| request therefor is submitted
by any public transit system | 18 |
| or authority, public defender, law enforcement
agency, a | 19 |
| state or federal agency, or an Illinois local | 20 |
| intergovernmental
association, if the request is for the | 21 |
| purpose of a background check of
applicants for employment | 22 |
| with the requesting agency, or for the purpose of
an | 23 |
| official investigation conducted by the agency, or to | 24 |
| determine a
current address for the driver so public funds | 25 |
| can be recovered or paid to
the driver, or for any other | 26 |
| purpose set forth in subsection (f-5)
of this Section.
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| The Secretary may also furnish the courts a copy of an | 2 |
| abstract of a
driver's record, without fee, subsequent to | 3 |
| an arrest for a violation of
Section 11-501 or a similar | 4 |
| provision of a local ordinance. Such abstract
may include | 5 |
| records of dispositions; documented information involving
| 6 |
| the use of a motor vehicle as contained in the current | 7 |
| file; whether such
individual has, or previously had, a | 8 |
| driver's license; and the address and
personal description | 9 |
| as reflected on said driver's record.
| 10 |
| 6. Any certified abstract issued by the Secretary of | 11 |
| State or
transmitted electronically by the Secretary of | 12 |
| State pursuant to this
Section,
to a court or on request of | 13 |
| a law enforcement agency, for the record of a
named person | 14 |
| as to the status of the person's driver's license shall be
| 15 |
| prima facie evidence of the facts therein stated and if the | 16 |
| name appearing
in such abstract is the same as that of a | 17 |
| person named in an information or
warrant, such abstract | 18 |
| shall be prima facie evidence that the person named
in such | 19 |
| information or warrant is the same person as the person | 20 |
| named in
such abstract and shall be admissible for any | 21 |
| prosecution under this Code and
be admitted as proof of any | 22 |
| prior conviction or proof of records, notices, or
orders | 23 |
| recorded on individual driving records maintained by the | 24 |
| Secretary of
State.
| 25 |
| 7. Subject to any restrictions contained in the | 26 |
| Juvenile Court Act of
1987, and upon receipt of a proper |
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| request and a fee of $6 before October 1,
2003 and a fee of | 2 |
| $12 on or after October 1, 2003, the
Secretary of
State | 3 |
| shall provide a driver's record to the affected driver, or | 4 |
| the affected
driver's attorney, upon verification. Such | 5 |
| record shall contain all the
information referred to in | 6 |
| paragraph 1 of this subsection (g) plus: any
recorded | 7 |
| accident involvement as a driver; information recorded | 8 |
| pursuant to
subsection (e) of Section 6-117 and paragraph | 9 |
| (4) of subsection (a) of
Section 6-204 of this Code. All | 10 |
| other information, unless otherwise permitted
by this | 11 |
| Code, shall remain confidential.
| 12 |
| (h) The Secretary shall not disclose social security | 13 |
| numbers or any associated information obtained from the Social | 14 |
| Security Administration except pursuant
to a written request | 15 |
| by, or with the prior written consent of, the
individual | 16 |
| except: (1) to officers and employees of the Secretary
who
have | 17 |
| a need to know the social security numbers in performance of | 18 |
| their
official duties, (2) to law enforcement officials for a | 19 |
| lawful, civil or
criminal law enforcement investigation, and if | 20 |
| the head of the law enforcement
agency has made a written | 21 |
| request to the Secretary specifying the law
enforcement | 22 |
| investigation for which the social security numbers are being
| 23 |
| sought, (3) to the United States Department of Transportation, | 24 |
| or any other
State, pursuant to the administration and | 25 |
| enforcement of the Commercial
Motor Vehicle Safety Act of 1986, | 26 |
| (4) pursuant to the order of a court
of competent jurisdiction, |
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| or (5) to the Department of Healthcare and Family Services | 2 |
| (formerly Department of Public Aid) for
utilization
in the | 3 |
| child support enforcement duties assigned to that Department | 4 |
| under
provisions of the Illinois Public Aid Code after the | 5 |
| individual has received advanced
meaningful notification of | 6 |
| what redisclosure is sought by the Secretary in
accordance with | 7 |
| the federal Privacy Act , or (6) to the Illinois Department of | 8 |
| Revenue solely for use by the Department in the collection of | 9 |
| any tax or debt that the Department of Revenue is authorized or | 10 |
| required by law to collect, provided that the Department shall | 11 |
| not disclose the social security number to any person or entity | 12 |
| outside of the Department .
| 13 |
| (i) (Blank).
| 14 |
| (j) Medical statements or medical reports received in the | 15 |
| Secretary of
State's Office shall be confidential. No | 16 |
| confidential information may be
open to public inspection or | 17 |
| the contents disclosed to anyone, except
officers and employees | 18 |
| of the Secretary who have a need to know the information
| 19 |
| contained in the medical reports and the Driver License Medical | 20 |
| Advisory
Board, unless so directed by an order of a court of | 21 |
| competent jurisdiction.
| 22 |
| (k) All fees collected under this Section shall be paid | 23 |
| into the Road
Fund of the State Treasury, except that (i) for | 24 |
| fees collected before October
1, 2003, $3 of the $6 fee for a
| 25 |
| driver's record shall be paid into the Secretary of State | 26 |
| Special Services
Fund, (ii) for fees collected on and after |
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| October 1, 2003, of the $12 fee
for a driver's record, $3 shall | 2 |
| be paid into the Secretary of State Special
Services Fund and | 3 |
| $6 shall be paid into the General Revenue Fund, and (iii) for
| 4 |
| fees collected on and after October 1, 2003, 50% of the amounts | 5 |
| collected
pursuant to subsection (b) shall be paid into the | 6 |
| General Revenue Fund.
| 7 |
| (l) (Blank).
| 8 |
| (m) Notations of accident involvement that may be disclosed | 9 |
| under this
Section shall not include notations relating to | 10 |
| damage to a vehicle or other
property being transported by a | 11 |
| tow truck. This information shall remain
confidential, | 12 |
| provided that nothing in this subsection (m) shall limit
| 13 |
| disclosure of any notification of accident involvement to any | 14 |
| 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 information | 22 |
| regarding the health, safety,
and welfare or the legal rights | 23 |
| of the general public and is not for the
principal purpose of | 24 |
| gaining a personal or commercial benefit.
The information | 25 |
| provided pursuant to this subsection shall not contain
| 26 |
| personally identifying information unless the information is |
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| to be used for one
of the
purposes identified in subsection | 2 |
| (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. 94-56, eff. 6-17-05; 95-201, eff. 1-1-08; 95-287, | 10 |
| eff. 1-1-08; 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; | 11 |
| 95-876, eff. 8-21-08.)
| 12 |
| ARTICLE 99
| 13 |
| Section 99-99. Effective date. This Act takes effect | 14 |
| January 1, 2011.
|
|