(625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
Sec. 2-105. Offices of Secretary of State. (a) The Secretary of State shall maintain offices in the State capital and
in such other places in the State as he may deem necessary to properly
carry out the powers and duties vested in him.
(b) The Secretary of State may construct and equip one or more buildings in
the State of Illinois outside of the County of Sangamon as he deems
necessary to properly carry out the powers and duties vested in him. The
Secretary of State may, on behalf of the State of Illinois, acquire public
or private property needed therefor by lease, purchase or eminent domain.
The care, custody and control of such sites and buildings constructed
thereon shall be vested in the Secretary of State. Expenditures for the
construction and equipping of any of such buildings upon premises owned by
another public entity shall not be subject to the provisions of any State
law requiring that the State be vested with absolute fee title to the
premises. The exercise of the authority vested in the Secretary of State by
this Section is subject to the appropriation of the necessary funds.
(c) Pursuant to Sections 1A-16.1, 1A-16.7, and 1A-25 of the Election Code,
the Secretary of State shall make driver services facilities available for use as places of accepting applications for voter registration.
(d) (Blank).
(e) Each person applying at a driver services facility for a driver's
license or permit, a corrected driver's license or permit, an Illinois
identification card or a corrected Illinois identification card
shall be notified, under the procedures set forth in Sections 1A-16.1 and 1A-16.7 of the Election Code, that unless he or she affirmatively declines, his or her personal information shall be transferred to the State Board of Elections for the purpose of creating an electronic voter registration application. Such notification may be made in
writing or verbally issued by an employee or the Secretary of State.
The Secretary of State shall promulgate such rules as may be necessary
for the efficient execution of his duties and the duties of his employees
under this Section.
(f) Any person applying at a driver services facility for issuance or renewal of a driver's license or Illinois Identification Card shall be provided, without charge, with a brochure warning the person of the dangers of financial identity theft. The Department of Financial and Professional Regulation shall prepare these brochures and provide them to the Secretary of State for distribution. The brochures shall (i) identify signs warning the reader that he or she might be an intended victim of the crime of financial identity theft, (ii) instruct the reader in how to proceed if the reader believes that he or she is the victim of the crime of identity theft, and (iii) provide the reader with names and telephone numbers of law enforcement and other governmental agencies that provide assistance to victims of financial identity theft. (g) The changes made by this amendatory Act of the 100th General Assembly shall be implemented no later than July 1, 2018. (Source: P.A. 100-464, eff. 8-28-17.)
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(625 ILCS 5/2-111) (from Ch. 95 1/2, par. 2-111) Sec. 2-111. Seizure or confiscation of documents and plates.
(a) The Secretary of State or any law enforcement entity is
authorized to take possession of any certificate of title, registration
card, permit, license, registration plate or digital registration plate, plates, disability
license plate or parking decal or device, or registration sticker or digital registration sticker
issued by the Secretary upon expiration, revocation, cancellation, or suspension thereof,
or which is fictitious, or which has been unlawfully or erroneously issued.
Police officers who have seized such items shall return the items to the Secretary of State in a manner and form set forth by the Secretary in administrative rule to take possession of such item or items.
(b) The Secretary of State is authorized to confiscate any suspected
fraudulent,
fictitious, or altered documents submitted by an applicant in support of an
application for
a driver's license or permit.
(Source: P.A. 101-185, eff. 1-1-20; 101-395, eff. 8-16-19; 102-558, eff. 8-20-21.)
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(625 ILCS 5/2-112) (from Ch. 95 1/2, par. 2-112)
Sec. 2-112. Distribution of synopsis laws.
(a) The Secretary of State may publish a synopsis or summary of the laws of
this State regulating the operation of vehicles and may deliver a copy
thereof without charge with each original vehicle registration and with
each original driver's license.
(b) The Secretary of State shall make any necessary revisions in its publications including, but not limited to, the Illinois Rules of the Road, to accurately conform its publications to the provisions of the Pedestrians with Disabilities Safety Act. (c) The Secretary of State shall include, in the Illinois Rules of the Road publication, information advising drivers to use the Dutch Reach method when opening a vehicle door after parallel parking on a street (checking the rear-view mirror, checking the side-view mirror, then opening the door with the right hand, thereby reducing the risk of injuring a bicyclist or opening the door in the path a vehicle approaching from behind). (d) The Secretary of State shall include, in the Illinois
Rules of the Road publication, information advising drivers to
use the zipper merge method when merging into a reduced number
of lanes (drivers in merging lanes are expected to use both
lanes to advance to the lane reduction point and merge at that
location, alternating turns). (e) The Secretary of State, in consultation with the Illinois State Police, shall include in the Illinois
Rules of the Road publication a description of law enforcement procedures during traffic stops and the actions that a motorist should take during a traffic stop, including appropriate interactions with law enforcement officers. (f) The Secretary of State shall include, in the Illinois Rules of Road publication, information advising drivers on best practices related to stranded motorists. This may include, but is not limited to, how to safely pull the vehicle out of traffic, activating hazard lights, when to remain in a vehicle, how to safely exit a stranded vehicle, where to find a safe place outside the stranded vehicle, and emergency numbers to call for assistance. (Source: P.A. 102-455, eff. 1-1-22; 103-249, eff. 1-1-24 .)
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(625 ILCS 5/2-113) (from Ch. 95 1/2, par. 2-113)
Sec. 2-113.
Secretary of State may subpoena witnesses and request the production of
books and records.
(a) The Secretary of State, or employees designated by him, may request
the production of pertinent books, records, letters, contracts or other
pertinent documents of any person licensed or required to be licensed or
registered under any chapter of this Act, for the purpose of investigations
or audits, which in the opinion of the Secretary of State, are necessary
and proper for the enforcement of this Act and the collection of any fees
or taxes required to be paid under this Act.
(b) For the purpose of all hearings which in the opinion of the
Secretary of State are necessary and proper for the enforcement of this
Act, the Secretary of State, or a person designated by him is empowered to
administer oaths and affirmations, subpoena witnesses, take evidence, and
require the production of any books, papers or other documents which the
Secretary of State, or a person designated by him, deems relevant or
material to the inquiry. Any circuit court of this State, upon application
by the Secretary of State and upon a proper showing may order the
attendance of witnesses, the production of books, papers, accounts and
documents and the giving of testimony before the Secretary of State, or a
person designated by him; and any failure to obey such order may be
punished by such circuit court as a contempt thereof. The fees of
subpoenaed witnesses under this Act for attendance and travel shall be the
same as fees of witnesses before the circuit courts of the State, such fees
to be paid when the witness is excused from further attendance, provided,
such witness is subpoenaed at the instance of the Secretary of State; and
payment of such fees shall be made and audited in the same manner as other
expenses of the Secretary of State. Whenever a subpoena is issued at the
request of a complainant or respondent or defendant as the case may be, the
Secretary of State may require that the cost of service and the fee of the
witness shall be borne by the party at whose instance the witness is
summoned. The Secretary of State shall have power in his discretion, to
require a deposit to cover the cost of such service and witness fees and
the payment of the legal witness fee and mileage to the witness served with
subpoena. A subpoena issued under the provisions of this Act shall be
served in the same manner as a subpoena issued out of a court.
(Source: P.A. 77-1541.)
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(625 ILCS 5/2-115) (from Ch. 95 1/2, par. 2-115)
Sec. 2-115. Investigators.
(a) The Secretary of State, for the purpose
of
more effectively carrying out the provisions of the laws in relation to
motor vehicles, shall have power to appoint such number of investigators as
he may deem necessary. It shall be the duty of such investigators to
investigate and enforce violations of the provisions of this
Act administered by the Secretary of State and provisions of Chapters 11,
12, 13, 14, and 15 and to investigate and report any violation by any person
who operates as a motor carrier of property as defined in Section 18-100 of
this Act and does not hold a valid certificate or permit. Such investigators
shall have and may exercise throughout the State all of the powers of
peace officers.
No person may be retained in service as an investigator under this
Section after he or she has reached 60 years of age, except for a person employed in the title of Capitol Police Investigator, in which case, that person may not be retained in service after that person has reached 65 years of age.
The Secretary of State must authorize to each investigator employed under
this
Section and to any other employee of the Office of the Secretary of State
exercising the
powers of a peace officer a distinct badge that, on its face, (i) clearly
states that the
badge is authorized by
the Office of the Secretary of State and (ii) contains a unique identifying
number.
No other badge shall be authorized by
the Office of the Secretary of State.
(b) The Secretary may expend such sums as he deems necessary from
Contractual
Services appropriations for the Department of Police
for the purchase of evidence, for the employment of persons to obtain
evidence, and for the payment for any goods or services related to
obtaining evidence. Such sums shall be advanced to investigators authorized by
the
Secretary to expend funds, on vouchers signed by the Secretary. In
addition, the Secretary of State is authorized to maintain one or more
commercial checking accounts with any State banking corporation or
corporations organized under or subject to the Illinois Banking Act for the
deposit and withdrawal of moneys to be used solely for the purchase of
evidence and for the employment of persons to obtain evidence, or for the
payment for any goods or services related to obtaining evidence; provided
that no check may be written on nor any withdrawal made from any such
account except on the written signatures of 2 persons designated by the
Secretary to write such checks and make such withdrawals, and provided
further that the balance of moneys on deposit in any such account shall not
exceed $5,000 at any time, nor shall any one check written on or single
withdrawal made from any such account exceed $5,000.
All fines or moneys collected or received by the Department of Police under
any State or federal forfeiture statute; including, but not limited to moneys
forfeited under Section 12 of the Cannabis Control Act, moneys forfeited under Section 85 of the Methamphetamine Control and Community Protection Act,
and moneys distributed
under Section 413 of the Illinois Controlled Substances Act, shall be deposited
into the Secretary of State Evidence Fund.
In all convictions for offenses in violation of this Act, the Court may
order restitution to the Secretary of any or all sums expended for the
purchase of evidence, for the employment of persons to obtain evidence,
and for the payment for any goods or services related to obtaining evidence.
All such restitution received by the Secretary shall be deposited into the
Secretary of State Evidence Fund. Moneys deposited into the fund shall,
subject to appropriation, be used by the Secretary of State for the
purposes provided for under the provisions of this Section.
(Source: P.A. 100-201, eff. 8-18-17; 101-610, eff. 1-1-20.)
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(625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)
Sec. 2-116. Secretary of State Department of Police.
(a) The Secretary of State and the officers, inspectors, and
investigators appointed by him shall cooperate with the Illinois State Police and
the sheriffs and police in enforcing the laws regulating the operation of
vehicles and the use of the highways.
(b) The Secretary of State may provide training and education for
members of his office in traffic regulation, the promotion of traffic
safety and the enforcement of laws vested in the Secretary of State for
administration and enforcement regulating the operation of vehicles and the
use of the highways.
(c) The Secretary of State may provide distinctive uniforms and badges
for officers, inspectors and investigators employed in the administration
of laws relating to the operation of vehicles and the use of the highways
and vesting the administration and enforcement of such laws in the
Secretary of State.
(c-5) The Director of the Secretary of State Department of Police shall establish a program to allow a Secretary of State Police officer, inspector, or investigator who is honorably retiring in good standing to purchase either one or both of the following: (1) any Secretary of State Department of Police badge previously issued to that officer, inspector, or investigator; or (2) if the officer, inspector, or investigator has a currently valid Firearm Owner's Identification Card, the service firearm issued or previously issued to the officer, inspector, or investigator by the Secretary of State Department of Police. The cost of the firearm shall be the replacement value of the firearm and not the firearm's fair market value. (d) The Secretary of State Department of Police is authorized to:
(1) investigate the origins, activities, persons, and |
| incidents of crime and the ways and means, if any, to redress the victims of crimes, and study the impact, if any, of legislation relative to the criminal laws of this State related thereto and conduct any other investigations as may be provided by law;
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(2) employ skilled experts, technicians,
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(3) cooperate with the police of cities, villages,
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(4) provide, as may be required by law, assistance to
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(5) exercise the rights, powers, and duties which
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(6) enforce and administer any other laws in relation
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Persons within the Secretary of State Department of Police who exercise
these powers are conservators of the peace and have all the powers possessed
by policemen in municipalities and sheriffs, and may exercise these powers
anywhere in the State in cooperation with local
law enforcement officials. These
persons may use false or fictitious names in the performance of their duties
under this Section, upon approval of the Director of Police-Secretary of
State, and shall not be subject to prosecution under the criminal laws for that
use.
(e) The Secretary of State Department of Police may charge, collect, and
receive fees or moneys equivalent to the cost of providing its personnel,
equipment, and services to governmental agencies when explicitly requested by
a governmental agency and according to an intergovernmental agreement or
memorandums of understanding as provided by this Section, including but not
limited to fees or moneys equivalent to the cost of providing training to other
governmental agencies on terms and conditions that in the judgment of the
Director of Police-Secretary of State are in the best interest of the
Secretary of State. All fees received by the Secretary of State Police
Department under this Act shall be deposited in a special fund in the State
Treasury to be known as
the Secretary of State Police Services Fund. The money deposited in the
Secretary of State Police Services Fund shall be appropriated to the Secretary
of State Department of Police as provided for in subsection (g).
(f) The Secretary of State Department of Police may apply for grants or
contracts and receive, expend, allocate, or disburse moneys made
available by public or private entities, including, but not limited to,
contracts,
bequests, grants, or receiving equipment from corporations, foundations, or
public or private institutions of higher learning.
(g) The Secretary of State Police Services Fund is hereby created as a
special fund in the State Treasury. All moneys received under this Section by
the Secretary of
State
Department of Police shall be deposited into the Secretary of State Police
Services Fund to be appropriated to the Secretary of State Department of Police
for purposes as indicated by the grantor or contractor or, in the case of
moneys bequeathed or granted for no specific purpose, for any purpose as
deemed appropriate by the Director of Police-Secretary of State in
administering the responsibilities of the Secretary of State Department of
Police.
(Source: P.A. 102-538, eff. 8-20-21.)
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