102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5496

 

Introduced 1/31/2022, by Rep. Tom Weber

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends various Acts by replacing the term "accident", in relation to automobiles, motor vehicles, and traffic accidents, with the term "crash". Provides that a State agency may exhaust any forms or documents using "accident" prior to printing copies of a new version using "crash". Effective immediately.


LRB102 25260 LNS 34533 b

 

 

A BILL FOR

 

HB5496LRB102 25260 LNS 34533 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7 as follows:
 
6    (5 ILCS 140/7)  (from Ch. 116, par. 207)
7    Sec. 7. Exemptions.
8    (1) When a request is made to inspect or copy a public
9record that contains information that is exempt from
10disclosure under this Section, but also contains information
11that is not exempt from disclosure, the public body may elect
12to redact the information that is exempt. The public body
13shall make the remaining information available for inspection
14and copying. Subject to this requirement, the following shall
15be exempt from inspection and copying:
16        (a) Information specifically prohibited from
17    disclosure by federal or State law or rules and
18    regulations implementing federal or State law.
19        (b) Private information, unless disclosure is required
20    by another provision of this Act, a State or federal law or
21    a court order.
22        (b-5) Files, documents, and other data or databases
23    maintained by one or more law enforcement agencies and

 

 

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1    specifically designed to provide information to one or
2    more law enforcement agencies regarding the physical or
3    mental status of one or more individual subjects.
4        (c) Personal information contained within public
5    records, the disclosure of which would constitute a
6    clearly unwarranted invasion of personal privacy, unless
7    the disclosure is consented to in writing by the
8    individual subjects of the information. "Unwarranted
9    invasion of personal privacy" means the disclosure of
10    information that is highly personal or objectionable to a
11    reasonable person and in which the subject's right to
12    privacy outweighs any legitimate public interest in
13    obtaining the information. The disclosure of information
14    that bears on the public duties of public employees and
15    officials shall not be considered an invasion of personal
16    privacy.
17        (d) Records in the possession of any public body
18    created in the course of administrative enforcement
19    proceedings, and any law enforcement or correctional
20    agency for law enforcement purposes, but only to the
21    extent that disclosure would:
22            (i) interfere with pending or actually and
23        reasonably contemplated law enforcement proceedings
24        conducted by any law enforcement or correctional
25        agency that is the recipient of the request;
26            (ii) interfere with active administrative

 

 

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1        enforcement proceedings conducted by the public body
2        that is the recipient of the request;
3            (iii) create a substantial likelihood that a
4        person will be deprived of a fair trial or an impartial
5        hearing;
6            (iv) unavoidably disclose the identity of a
7        confidential source, confidential information
8        furnished only by the confidential source, or persons
9        who file complaints with or provide information to
10        administrative, investigative, law enforcement, or
11        penal agencies; except that the identities of
12        witnesses to traffic crashes accidents, traffic crash
13        accident reports, and rescue reports shall be provided
14        by agencies of local government, except when
15        disclosure would interfere with an active criminal
16        investigation conducted by the agency that is the
17        recipient of the request;
18            (v) disclose unique or specialized investigative
19        techniques other than those generally used and known
20        or disclose internal documents of correctional
21        agencies related to detection, observation or
22        investigation of incidents of crime or misconduct, and
23        disclosure would result in demonstrable harm to the
24        agency or public body that is the recipient of the
25        request;
26            (vi) endanger the life or physical safety of law

 

 

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1        enforcement personnel or any other person; or
2            (vii) obstruct an ongoing criminal investigation
3        by the agency that is the recipient of the request.
4        (d-5) A law enforcement record created for law
5    enforcement purposes and contained in a shared electronic
6    record management system if the law enforcement agency
7    that is the recipient of the request did not create the
8    record, did not participate in or have a role in any of the
9    events which are the subject of the record, and only has
10    access to the record through the shared electronic record
11    management system.
12        (d-6) Records contained in the Officer Professional
13    Conduct Database under Section 9.2 9.4 of the Illinois
14    Police Training Act, except to the extent authorized under
15    that Section. This includes the documents supplied to the
16    Illinois Law Enforcement Training Standards Board from the
17    Illinois State Police and Illinois State Police Merit
18    Board.
19        (e) Records that relate to or affect the security of
20    correctional institutions and detention facilities.
21        (e-5) Records requested by persons committed to the
22    Department of Corrections, Department of Human Services
23    Division of Mental Health, or a county jail if those
24    materials are available in the library of the correctional
25    institution or facility or jail where the inmate is
26    confined.

 

 

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1        (e-6) Records requested by persons committed to the
2    Department of Corrections, Department of Human Services
3    Division of Mental Health, or a county jail if those
4    materials include records from staff members' personnel
5    files, staff rosters, or other staffing assignment
6    information.
7        (e-7) Records requested by persons committed to the
8    Department of Corrections or Department of Human Services
9    Division of Mental Health if those materials are available
10    through an administrative request to the Department of
11    Corrections or Department of Human Services Division of
12    Mental Health.
13        (e-8) Records requested by a person committed to the
14    Department of Corrections, Department of Human Services
15    Division of Mental Health, or a county jail, the
16    disclosure of which would result in the risk of harm to any
17    person or the risk of an escape from a jail or correctional
18    institution or facility.
19        (e-9) Records requested by a person in a county jail
20    or committed to the Department of Corrections or
21    Department of Human Services Division of Mental Health,
22    containing personal information pertaining to the person's
23    victim or the victim's family, including, but not limited
24    to, a victim's home address, home telephone number, work
25    or school address, work telephone number, social security
26    number, or any other identifying information, except as

 

 

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1    may be relevant to a requester's current or potential case
2    or claim.
3        (e-10) Law enforcement records of other persons
4    requested by a person committed to the Department of
5    Corrections, Department of Human Services Division of
6    Mental Health, or a county jail, including, but not
7    limited to, arrest and booking records, mug shots, and
8    crime scene photographs, except as these records may be
9    relevant to the requester's current or potential case or
10    claim.
11        (f) Preliminary drafts, notes, recommendations,
12    memoranda and other records in which opinions are
13    expressed, or policies or actions are formulated, except
14    that a specific record or relevant portion of a record
15    shall not be exempt when the record is publicly cited and
16    identified by the head of the public body. The exemption
17    provided in this paragraph (f) extends to all those
18    records of officers and agencies of the General Assembly
19    that pertain to the preparation of legislative documents.
20        (g) Trade secrets and commercial or financial
21    information obtained from a person or business where the
22    trade secrets or commercial or financial information are
23    furnished under a claim that they are proprietary,
24    privileged, or confidential, and that disclosure of the
25    trade secrets or commercial or financial information would
26    cause competitive harm to the person or business, and only

 

 

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1    insofar as the claim directly applies to the records
2    requested.
3        The information included under this exemption includes
4    all trade secrets and commercial or financial information
5    obtained by a public body, including a public pension
6    fund, from a private equity fund or a privately held
7    company within the investment portfolio of a private
8    equity fund as a result of either investing or evaluating
9    a potential investment of public funds in a private equity
10    fund. The exemption contained in this item does not apply
11    to the aggregate financial performance information of a
12    private equity fund, nor to the identity of the fund's
13    managers or general partners. The exemption contained in
14    this item does not apply to the identity of a privately
15    held company within the investment portfolio of a private
16    equity fund, unless the disclosure of the identity of a
17    privately held company may cause competitive harm.
18        Nothing contained in this paragraph (g) shall be
19    construed to prevent a person or business from consenting
20    to disclosure.
21        (h) Proposals and bids for any contract, grant, or
22    agreement, including information which if it were
23    disclosed would frustrate procurement or give an advantage
24    to any person proposing to enter into a contractor
25    agreement with the body, until an award or final selection
26    is made. Information prepared by or for the body in

 

 

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1    preparation of a bid solicitation shall be exempt until an
2    award or final selection is made.
3        (i) Valuable formulae, computer geographic systems,
4    designs, drawings and research data obtained or produced
5    by any public body when disclosure could reasonably be
6    expected to produce private gain or public loss. The
7    exemption for "computer geographic systems" provided in
8    this paragraph (i) does not extend to requests made by
9    news media as defined in Section 2 of this Act when the
10    requested information is not otherwise exempt and the only
11    purpose of the request is to access and disseminate
12    information regarding the health, safety, welfare, or
13    legal rights of the general public.
14        (j) The following information pertaining to
15    educational matters:
16            (i) test questions, scoring keys and other
17        examination data used to administer an academic
18        examination;
19            (ii) information received by a primary or
20        secondary school, college, or university under its
21        procedures for the evaluation of faculty members by
22        their academic peers;
23            (iii) information concerning a school or
24        university's adjudication of student disciplinary
25        cases, but only to the extent that disclosure would
26        unavoidably reveal the identity of the student; and

 

 

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1            (iv) course materials or research materials used
2        by faculty members.
3        (k) Architects' plans, engineers' technical
4    submissions, and other construction related technical
5    documents for projects not constructed or developed in
6    whole or in part with public funds and the same for
7    projects constructed or developed with public funds,
8    including, but not limited to, power generating and
9    distribution stations and other transmission and
10    distribution facilities, water treatment facilities,
11    airport facilities, sport stadiums, convention centers,
12    and all government owned, operated, or occupied buildings,
13    but only to the extent that disclosure would compromise
14    security.
15        (l) Minutes of meetings of public bodies closed to the
16    public as provided in the Open Meetings Act until the
17    public body makes the minutes available to the public
18    under Section 2.06 of the Open Meetings Act.
19        (m) Communications between a public body and an
20    attorney or auditor representing the public body that
21    would not be subject to discovery in litigation, and
22    materials prepared or compiled by or for a public body in
23    anticipation of a criminal, civil, or administrative
24    proceeding upon the request of an attorney advising the
25    public body, and materials prepared or compiled with
26    respect to internal audits of public bodies.

 

 

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1        (n) Records relating to a public body's adjudication
2    of employee grievances or disciplinary cases; however,
3    this exemption shall not extend to the final outcome of
4    cases in which discipline is imposed.
5        (o) Administrative or technical information associated
6    with automated data processing operations, including, but
7    not limited to, software, operating protocols, computer
8    program abstracts, file layouts, source listings, object
9    modules, load modules, user guides, documentation
10    pertaining to all logical and physical design of
11    computerized systems, employee manuals, and any other
12    information that, if disclosed, would jeopardize the
13    security of the system or its data or the security of
14    materials exempt under this Section.
15        (p) Records relating to collective negotiating matters
16    between public bodies and their employees or
17    representatives, except that any final contract or
18    agreement shall be subject to inspection and copying.
19        (q) Test questions, scoring keys, and other
20    examination data used to determine the qualifications of
21    an applicant for a license or employment.
22        (r) The records, documents, and information relating
23    to real estate purchase negotiations until those
24    negotiations have been completed or otherwise terminated.
25    With regard to a parcel involved in a pending or actually
26    and reasonably contemplated eminent domain proceeding

 

 

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1    under the Eminent Domain Act, records, documents, and
2    information relating to that parcel shall be exempt except
3    as may be allowed under discovery rules adopted by the
4    Illinois Supreme Court. The records, documents, and
5    information relating to a real estate sale shall be exempt
6    until a sale is consummated.
7        (s) Any and all proprietary information and records
8    related to the operation of an intergovernmental risk
9    management association or self-insurance pool or jointly
10    self-administered health and accident cooperative or pool.
11    Insurance or self insurance (including any
12    intergovernmental risk management association or self
13    insurance pool) claims, loss or risk management
14    information, records, data, advice or communications.
15        (t) Information contained in or related to
16    examination, operating, or condition reports prepared by,
17    on behalf of, or for the use of a public body responsible
18    for the regulation or supervision of financial
19    institutions, insurance companies, or pharmacy benefit
20    managers, unless disclosure is otherwise required by State
21    law.
22        (u) Information that would disclose or might lead to
23    the disclosure of secret or confidential information,
24    codes, algorithms, programs, or private keys intended to
25    be used to create electronic signatures under the Uniform
26    Electronic Transactions Act.

 

 

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1        (v) Vulnerability assessments, security measures, and
2    response policies or plans that are designed to identify,
3    prevent, or respond to potential attacks upon a
4    community's population or systems, facilities, or
5    installations, the destruction or contamination of which
6    would constitute a clear and present danger to the health
7    or safety of the community, but only to the extent that
8    disclosure could reasonably be expected to jeopardize the
9    effectiveness of the measures or the safety of the
10    personnel who implement them or the public. Information
11    exempt under this item may include such things as details
12    pertaining to the mobilization or deployment of personnel
13    or equipment, to the operation of communication systems or
14    protocols, or to tactical operations.
15        (w) (Blank).
16        (x) Maps and other records regarding the location or
17    security of generation, transmission, distribution,
18    storage, gathering, treatment, or switching facilities
19    owned by a utility, by a power generator, or by the
20    Illinois Power Agency.
21        (y) Information contained in or related to proposals,
22    bids, or negotiations related to electric power
23    procurement under Section 1-75 of the Illinois Power
24    Agency Act and Section 16-111.5 of the Public Utilities
25    Act that is determined to be confidential and proprietary
26    by the Illinois Power Agency or by the Illinois Commerce

 

 

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1    Commission.
2        (z) Information about students exempted from
3    disclosure under Sections 10-20.38 or 34-18.29 of the
4    School Code, and information about undergraduate students
5    enrolled at an institution of higher education exempted
6    from disclosure under Section 25 of the Illinois Credit
7    Card Marketing Act of 2009.
8        (aa) Information the disclosure of which is exempted
9    under the Viatical Settlements Act of 2009.
10        (bb) Records and information provided to a mortality
11    review team and records maintained by a mortality review
12    team appointed under the Department of Juvenile Justice
13    Mortality Review Team Act.
14        (cc) Information regarding interments, entombments, or
15    inurnments of human remains that are submitted to the
16    Cemetery Oversight Database under the Cemetery Care Act or
17    the Cemetery Oversight Act, whichever is applicable.
18        (dd) Correspondence and records (i) that may not be
19    disclosed under Section 11-9 of the Illinois Public Aid
20    Code or (ii) that pertain to appeals under Section 11-8 of
21    the Illinois Public Aid Code.
22        (ee) The names, addresses, or other personal
23    information of persons who are minors and are also
24    participants and registrants in programs of park
25    districts, forest preserve districts, conservation
26    districts, recreation agencies, and special recreation

 

 

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1    associations.
2        (ff) The names, addresses, or other personal
3    information of participants and registrants in programs of
4    park districts, forest preserve districts, conservation
5    districts, recreation agencies, and special recreation
6    associations where such programs are targeted primarily to
7    minors.
8        (gg) Confidential information described in Section
9    1-100 of the Illinois Independent Tax Tribunal Act of
10    2012.
11        (hh) The report submitted to the State Board of
12    Education by the School Security and Standards Task Force
13    under item (8) of subsection (d) of Section 2-3.160 of the
14    School Code and any information contained in that report.
15        (ii) Records requested by persons committed to or
16    detained by the Department of Human Services under the
17    Sexually Violent Persons Commitment Act or committed to
18    the Department of Corrections under the Sexually Dangerous
19    Persons Act if those materials: (i) are available in the
20    library of the facility where the individual is confined;
21    (ii) include records from staff members' personnel files,
22    staff rosters, or other staffing assignment information;
23    or (iii) are available through an administrative request
24    to the Department of Human Services or the Department of
25    Corrections.
26        (jj) Confidential information described in Section

 

 

HB5496- 15 -LRB102 25260 LNS 34533 b

1    5-535 of the Civil Administrative Code of Illinois.
2        (kk) The public body's credit card numbers, debit card
3    numbers, bank account numbers, Federal Employer
4    Identification Number, security code numbers, passwords,
5    and similar account information, the disclosure of which
6    could result in identity theft or impression or defrauding
7    of a governmental entity or a person.
8        (ll) Records concerning the work of the threat
9    assessment team of a school district.
10    (1.5) Any information exempt from disclosure under the
11Judicial Privacy Act shall be redacted from public records
12prior to disclosure under this Act.
13    (2) A public record that is not in the possession of a
14public body but is in the possession of a party with whom the
15agency has contracted to perform a governmental function on
16behalf of the public body, and that directly relates to the
17governmental function and is not otherwise exempt under this
18Act, shall be considered a public record of the public body,
19for purposes of this Act.
20    (3) This Section does not authorize withholding of
21information or limit the availability of records to the
22public, except as stated in this Section or otherwise provided
23in this Act.
24(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
25101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
266-25-21; 102-558, eff. 8-20-21; revised 11-22-21.)
 

 

 

HB5496- 16 -LRB102 25260 LNS 34533 b

1    Section 10. The State Employee Indemnification Act is
2amended by changing Section 2 as follows:
 
3    (5 ILCS 350/2)  (from Ch. 127, par. 1302)
4    Sec. 2. Representation and indemnification of State
5employees.
6    (a) In the event that any civil proceeding is commenced
7against any State employee arising out of any act or omission
8occurring within the scope of the employee's State employment,
9the Attorney General shall, upon timely and appropriate notice
10to him by such employee, appear on behalf of such employee and
11defend the action. In the event that any civil proceeding is
12commenced against any physician who is an employee of the
13Department of Corrections or the Department of Human Services
14(in a position relating to the Department's mental health and
15developmental disabilities functions) alleging death or bodily
16injury or other injury to the person of the complainant
17resulting from and arising out of any act or omission
18occurring on or after December 3, 1977 within the scope of the
19employee's State employment, or against any physician who is
20an employee of the Department of Veterans' Affairs alleging
21death or bodily injury or other injury to the person of the
22complainant resulting from and arising out of any act or
23omission occurring on or after the effective date of this
24amendatory Act of 1988 within the scope of the employee's

 

 

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1State employment, or in the event that any civil proceeding is
2commenced against any attorney who is an employee of the State
3Appellate Defender alleging legal malpractice or for other
4damages resulting from and arising out of any legal act or
5omission occurring on or after December 3, 1977, within the
6scope of the employee's State employment, or in the event that
7any civil proceeding is commenced against any individual or
8organization who contracts with the Department of Labor to
9provide services as a carnival and amusement ride safety
10inspector alleging malpractice, death or bodily injury or
11other injury to the person arising out of any act or omission
12occurring on or after May 1, 1985, within the scope of that
13employee's State employment, the Attorney General shall, upon
14timely and appropriate notice to him by such employee, appear
15on behalf of such employee and defend the action. Any such
16notice shall be in writing, shall be mailed within 15 days
17after the date of receipt by the employee of service of
18process, and shall authorize the Attorney General to represent
19and defend the employee in the proceeding. The giving of this
20notice to the Attorney General shall constitute an agreement
21by the State employee to cooperate with the Attorney General
22in his defense of the action and a consent that the Attorney
23General shall conduct the defense as he deems advisable and in
24the best interests of the employee, including settlement in
25the Attorney General's discretion. In any such proceeding, the
26State shall pay the court costs and litigation expenses of

 

 

HB5496- 18 -LRB102 25260 LNS 34533 b

1defending such action, to the extent approved by the Attorney
2General as reasonable, as they are incurred.
3    (b) In the event that the Attorney General determines that
4so appearing and defending an employee either (1) involves an
5actual or potential conflict of interest, or (2) that the act
6or omission which gave rise to the claim was not within the
7scope of the employee's State employment or was intentional,
8wilful or wanton misconduct, the Attorney General shall
9decline in writing to appear or defend or shall promptly take
10appropriate action to withdraw as attorney for such employee.
11Upon receipt of such declination or upon such withdrawal by
12the Attorney General on the basis of an actual or potential
13conflict of interest, the State employee may employ his own
14attorney to appear and defend, in which event the State shall
15pay the employee's court costs, litigation expenses and
16attorneys' fees to the extent approved by the Attorney General
17as reasonable, as they are incurred. In the event that the
18Attorney General declines to appear or withdraws on the
19grounds that the act or omission was not within the scope of
20employment, or was intentional, wilful or wanton misconduct,
21and a court or jury finds that the act or omission of the State
22employee was within the scope of employment and was not
23intentional, wilful or wanton misconduct, the State shall
24indemnify the State employee for any damages awarded and court
25costs and attorneys' fees assessed as part of any final and
26unreversed judgment. In such event the State shall also pay

 

 

HB5496- 19 -LRB102 25260 LNS 34533 b

1the employee's court costs, litigation expenses and attorneys'
2fees to the extent approved by the Attorney General as
3reasonable.
4    In the event that the defendant in the proceeding is an
5elected State official, including members of the General
6Assembly, the elected State official may retain his or her
7attorney, provided that said attorney shall be reasonably
8acceptable to the Attorney General. In such case the State
9shall pay the elected State official's court costs, litigation
10expenses, and attorneys' fees, to the extent approved by the
11Attorney General as reasonable, as they are incurred.
12    (b-5) The Attorney General may file a counterclaim on
13behalf of a State employee, provided:
14        (1) the Attorney General determines that the State
15    employee is entitled to representation in a civil action
16    under this Section;
17        (2) the counterclaim arises out of any act or omission
18    occurring within the scope of the employee's State
19    employment that is the subject of the civil action; and
20        (3) the employee agrees in writing that if judgment is
21    entered in favor of the employee, the amount of the
22    judgment shall be applied to offset any judgment that may
23    be entered in favor of the plaintiff, and then to
24    reimburse the State treasury for court costs and
25    litigation expenses required to pursue the counterclaim.
26    The balance of the collected judgment shall be paid to the

 

 

HB5496- 20 -LRB102 25260 LNS 34533 b

1    State employee.
2    (c) Notwithstanding any other provision of this Section,
3representation and indemnification of a judge under this Act
4shall also be provided in any case where the plaintiff seeks
5damages or any equitable relief as a result of any decision,
6ruling or order of a judge made in the course of his or her
7judicial or administrative duties, without regard to the
8theory of recovery employed by the plaintiff. Indemnification
9shall be for all damages awarded and all court costs, attorney
10fees and litigation expenses assessed against the judge. When
11a judge has been convicted of a crime as a result of his or her
12intentional judicial misconduct in a trial, that judge shall
13not be entitled to indemnification and representation under
14this subsection in any case maintained by a party who seeks
15damages or other equitable relief as a direct result of the
16judge's intentional judicial misconduct.
17    (d) In any such proceeding where notice in accordance with
18this Section has been given to the Attorney General, unless
19the court or jury finds that the conduct or inaction which gave
20rise to the claim or cause of action was intentional, wilful or
21wanton misconduct and was not intended to serve or benefit
22interests of the State, the State shall indemnify the State
23employee for any damages awarded and court costs and
24attorneys' fees assessed as part of any final and unreversed
25judgment, or shall pay such judgment. Unless the Attorney
26General determines that the conduct or inaction which gave

 

 

HB5496- 21 -LRB102 25260 LNS 34533 b

1rise to the claim or cause of action was intentional, wilful or
2wanton misconduct and was not intended to serve or benefit
3interests of the State, the case may be settled, in the
4Attorney General's discretion and with the employee's consent,
5and the State shall indemnify the employee for any damages,
6court costs and attorneys' fees agreed to as part of the
7settlement, or shall pay such settlement. Where the employee
8is represented by private counsel, any settlement must be so
9approved by the Attorney General and the court having
10jurisdiction, which shall obligate the State to indemnify the
11employee.
12    (e) (i) Court costs and litigation expenses and other
13costs of providing a defense or counterclaim, including
14attorneys' fees obligated under this Section, shall be paid
15from the State Treasury on the warrant of the Comptroller out
16of appropriations made to the Department of Central Management
17Services specifically designed for the payment of costs, fees
18and expenses covered by this Section.
19    (ii) Upon entry of a final judgment against the employee,
20or upon the settlement of the claim, the employee shall cause
21to be served a copy of such judgment or settlement, personally
22or by certified or registered mail within thirty days of the
23date of entry or settlement, upon the chief administrative
24officer of the department, office or agency in which he is
25employed. If not inconsistent with the provisions of this
26Section, such judgment or settlement shall be certified for

 

 

HB5496- 22 -LRB102 25260 LNS 34533 b

1payment by such chief administrative officer and by the
2Attorney General. The judgment or settlement shall be paid
3from the State Treasury on the warrant of the Comptroller out
4of appropriations made to the Department of Central Management
5Services specifically designed for the payment of claims
6covered by this Section.
7    (f) Nothing contained or implied in this Section shall
8operate, or be construed or applied, to deprive the State, or
9any employee thereof, of any defense heretofore available.
10    (g) This Section shall apply regardless of whether the
11employee is sued in his or her individual or official
12capacity.
13    (h) This Section shall not apply to claims for bodily
14injury or damage to property arising from motor vehicle
15crashes accidents.
16    (i) This Section shall apply to all proceedings filed on
17or after its effective date, and to any proceeding pending on
18its effective date, if the State employee gives notice to the
19Attorney General as provided in this Section within 30 days of
20the Act's effective date.
21    (j) The amendatory changes made to this Section by this
22amendatory Act of 1986 shall apply to all proceedings filed on
23or after the effective date of this amendatory Act of 1986 and
24to any proceeding pending on its effective date, if the State
25employee gives notice to the Attorney General as provided in
26this Section within 30 days of the effective date of this

 

 

HB5496- 23 -LRB102 25260 LNS 34533 b

1amendatory Act of 1986.
2    (k) This Act applies to all State officials who are
3serving as trustees, or their appointing authorities, of a
4clean energy community trust or as members of a not-for-profit
5foundation or corporation established pursuant to Section
616-111.1 of the Public Utilities Act.
7    (l) The State shall not provide representation for, nor
8shall it indemnify, any State employee in (i) any criminal
9proceeding in which the employee is a defendant or (ii) any
10criminal investigation in which the employee is the target.
11Nothing in this Act shall be construed to prohibit the State
12from providing representation to a State employee who is a
13witness in a criminal matter arising out of that employee's
14State employment.
15(Source: P.A. 99-461, eff. 1-1-17.)
 
16    Section 15. The Illinois Identification Card Act is
17amended by changing Section 11A as follows:
 
18    (15 ILCS 335/11A)
19    Sec. 11A. Emergency contact database.
20    (a) The Secretary of State shall establish a database of
21the emergency contacts of persons who hold identification
22cards. Information in the database shall be accessible only to
23employees of the Office of the Secretary and law enforcement
24officers employed by a law enforcement agency. Law enforcement

 

 

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

 

 

HB5496- 25 -LRB102 25260 LNS 34533 b

1    that the Secretary determines is necessary to implement
2    this Section.
3    (d) If a person involved in a motor vehicle crash accident
4or other emergency situation is unable to communicate with the
5contact person or persons specified in the database, a law
6enforcement officer shall make a good faith effort to notify
7the contact person or persons of the situation. Neither the
8law enforcement officer nor the law enforcement agency that
9employs that law enforcement officer incurs any liability,
10however, if the law enforcement officer is not able to make
11contact with the contact person. Except for willful or wanton
12misconduct, neither the law enforcement officer, nor the law
13enforcement agency that employs the law enforcement officer,
14shall incur any liability relating to the reporting or use of
15the database during a motor vehicle crash accident or other
16emergency situation.
17    (e) The Secretary of State shall make a good faith effort
18to maintain accurate data as provided by the identification
19card holder and to provide that information to law enforcement
20as provided in subsection (a). The Secretary of State is not
21liable for any damages, costs, or expenses, including, without
22limitation, consequential damages, arising or resulting from
23any inaccurate or incomplete data or system unavailability.
24Except for willful or wanton misconduct, the Secretary of
25State shall not incur any liability relating to the reporting
26of disabilities or special needs individuals.

 

 

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1    (f) As used in this Section:
2    "Disability" means an individual's physical or mental
3impairment that substantially limits one or more of the major
4life activities; a record of such impairment; or when the
5individual is regarded as having such impairment.
6    "Public safety worker" means a person employed by this
7State or a political subdivision thereof that provides
8firefighting, law enforcement, medical, or other emergency
9services.
10    "Special needs individuals" means those individuals who
11have or are at increased risk for a chronic physical,
12developmental, behavioral, or emotional condition and who also
13require health and related services of a type or amount beyond
14that required by individuals generally.
15(Source: P.A. 95-898, eff. 7-1-09; 96-1168, eff. 1-1-11.)
 
16    Section 20. The Department of Transportation Law of the
17Civil Administrative Code of Illinois is amended by changing
18Sections 2705-210 and 2705-317 as follows:
 
19    (20 ILCS 2705/2705-210)  (was 20 ILCS 2705/49.15)
20    Sec. 2705-210. Traffic control and prevention of crashes
21accidents. The Department has the power to develop,
22consolidate, and coordinate effective programs and activities
23for the advancement of driver education, for the facilitation
24of the movement of motor vehicle traffic, and for the

 

 

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1protection and conservation of life and property on the
2streets and highways of this State and to advise, recommend,
3and consult with the several departments, divisions, boards,
4commissions, and other agencies of this State in regard to
5those programs and activities. The Department has the power to
6aid and assist the counties, cities, towns, and other
7political subdivisions of this State in the control of traffic
8and the prevention of traffic crashes accidents. That aid and
9assistance to counties, cities, towns, and other political
10subdivisions of this State shall include assistance with
11regard to planning, traffic flow, light synchronizing,
12preferential lanes for carpools, and carpool parking
13allocations.
14    To further the prevention of crashes accidents, the
15Department shall conduct a traffic study following the
16occurrence of any crash accident involving a pedestrian
17fatality that occurs at an intersection of a State highway.
18The study shall include, but not be limited to, consideration
19of alternative geometric design improvements, traffic control
20devices, and any other improvements that the Department deems
21necessary. The Department shall make the results of the study
22available to the public on its website.
23(Source: P.A. 102-333, eff. 1-1-22.)
 
24    (20 ILCS 2705/2705-317)
25    Sec. 2705-317. Safe Routes to School Construction Program.

 

 

HB5496- 28 -LRB102 25260 LNS 34533 b

1    (a) Upon enactment of a federal transportation bill with a
2dedicated fund available to states for safe routes to schools,
3the Department, in cooperation with the State Board of
4Education and the Illinois State Police, shall establish and
5administer a Safe Routes to School Construction Program for
6the construction of bicycle and pedestrian safety and
7traffic-calming projects using the federal Safe Routes to
8Schools Program funds.
9    (b) The Department shall make construction grants
10available to local governmental agencies under the Safe Routes
11to School Construction Program based on the results of a
12statewide competition that requires submission of Safe Routes
13to School proposals for funding and that rates those proposals
14on all of the following factors:
15        (1) Demonstrated needs of the grant applicant.
16        (2) Potential of the proposal for reducing child
17    injuries and fatalities.
18        (3) Potential of the proposal for encouraging
19    increased walking and bicycling among students.
20        (4) Identification of safety hazards.
21        (5) Identification of current and potential walking
22    and bicycling routes to school.
23        (6) Consultation and support for projects by
24    school-based associations, local traffic engineers, local
25    elected officials, law enforcement agencies, and school
26    officials.

 

 

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1        (7) Proximity to parks and other recreational
2    facilities.
3    With respect to the use of federal Safe Routes to Schools
4Program funds, prior to the award of a construction grant or
5the use of those funds for a Safe Routes to School project
6encompassing a highway, the Department shall consult with and
7obtain approval from the Illinois State Police and the highway
8authority with jurisdiction to ensure that the Safe Routes to
9School proposal is consistent with a statewide pedestrian
10safety statistical analysis.
11    (c) On March 30, 2006 and each March 30th thereafter, the
12Department shall submit a report to the General Assembly
13listing and describing the projects funded under the Safe
14Routes to School Construction Program.
15    (d) The Department shall study the effectiveness of the
16Safe Routes to School Construction Program, with particular
17emphasis on the Program's effectiveness in reducing traffic
18crashes accidents and its contribution to improving safety and
19reducing the number of child injuries and fatalities in the
20vicinity of a Safe Routes to School project. The Department
21shall submit a report to the General Assembly on or before
22December 31, 2006 regarding the results of the study.
23    (e) The Department, the State Board of Education, and the
24Illinois State Police may adopt any rules necessary to
25implement this Section.
26(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

HB5496- 30 -LRB102 25260 LNS 34533 b

1    Section 25. The Peace Officer Fire Investigation Act is
2amended by changing Section 1 as follows:
 
3    (20 ILCS 2910/1)  (from Ch. 127 1/2, par. 501)
4    Sec. 1. Peace officer status.
5    (a) Any person who is a sworn member of any organized and
6paid fire department of a political subdivision of this State
7and is authorized to investigate fires or explosions for such
8political subdivision and to determine the cause, origin and
9circumstances of fires or explosions that are suspected to be
10arson or arson-related crimes, may be classified as a peace
11officer by the political subdivision or agency employing such
12person. A person so classified shall possess the same powers
13of arrest, search and seizure and the securing and service of
14warrants as sheriffs of counties, and police officers within
15the jurisdiction of their political subdivision. While in the
16actual investigation and matters incident thereto, such person
17may carry weapons as may be necessary, but only if that person
18has satisfactorily completed (1) a training program offered or
19approved by the Illinois Law Enforcement Training Standards
20Board which substantially conforms to standards promulgated
21pursuant to the Illinois Police Training Act and the Peace
22Officer and Probation Officer Firearm Training Act; and (2) a
23course in fire and arson investigation approved by the Office
24of the State Fire Marshal pursuant to the Illinois Fire

 

 

HB5496- 31 -LRB102 25260 LNS 34533 b

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

 

 

HB5496- 32 -LRB102 25260 LNS 34533 b

1State Fire Marshal pursuant to the Illinois Fire Protection
2Training Act. Such training need not include exposure to
3vehicle and traffic law, traffic control and crash accident
4investigation, or first aid, but shall include training in the
5law relating to the rights of persons suspected of involvement
6in criminal activities.
7    For purposes of this subsection (b), a "State Fire Marshal
8Arson Investigator Special Agent" does not include any fire
9investigator, fireman, police officer, or other employee of
10the federal government; any fire investigator, fireman, police
11officer, or other employee of any unit of local government; or
12any fire investigator, fireman, police officer, or other
13employee of the State of Illinois other than an employee of the
14Office of the State Fire Marshal assigned to investigate
15arson.
16    The State Fire Marshal must authorize to each employee of
17the Office of the State Fire Marshal who is exercising the
18powers of a peace officer a distinct badge that, on its face,
19(i) clearly states that the badge is authorized by the Office
20of the State Fire Marshal and (ii) contains a unique
21identifying number. No other badge shall be authorized by the
22Office of the State Fire Marshal, except that a badge,
23different from the badge issued to peace officers, may be
24authorized by the Office of the State Fire Marshal for the use
25of fire prevention inspectors employed by that Office. Nothing
26in this subsection prohibits the State Fire Marshal from

 

 

HB5496- 33 -LRB102 25260 LNS 34533 b

1issuing shields or other distinctive identification to
2employees not exercising the powers of a peace officer if the
3State Fire Marshal determines that a shield or distinctive
4identification is needed by the employee to carry out his or
5her responsibilities.
6    (c) The Office of the State Fire Marshal shall establish a
7policy to allow a State Fire Marshal Arson Investigator
8Special Agent who is honorably retiring or separating in good
9standing to purchase either one or both of the following: (i)
10any badge previously issued to that State Fire Marshal Arson
11Investigator Special Agent; or (ii) if the State Fire Marshal
12Arson Investigator Special Agent has a currently valid Firearm
13Owner's Identification Card, the service firearm issued or
14previously issued to the State Fire Marshal Arson Investigator
15Special Agent by the Office of the State Fire Marshal. The cost
16of the firearm purchased shall be the replacement value of the
17firearm and not the firearm's fair market value. All funds
18received by the agency under this program shall be deposited
19into the Fire Prevention Fund.
20(Source: P.A. 100-931, eff. 8-17-18.)
 
21    Section 29. The Illinois Pension Code is amended by
22changing Section 1-108 as follows:
 
23    (40 ILCS 5/1-108)  (from Ch. 108 1/2, par. 1-108)
24    Sec. 1-108. (a) In any proceeding commenced against an

 

 

HB5496- 34 -LRB102 25260 LNS 34533 b

1employee of a pension fund, alleging a civil wrong arising out
2of any act or omission occurring within the scope of the
3employee's pension fund employment, unless the court or the
4jury finds that the conduct which gave rise to the claim was
5intentional, wilful or wanton misconduct, the pension fund
6shall indemnify the employee for any damages awarded and court
7costs and attorneys' fees assessed as part of any final and
8unreversed judgment and any attorneys' fees, court costs and
9litigation expenses incurred by the employee in defending the
10claim. In any such proceeding if a majority of the board or
11trustees who are not a party to the action determine that the
12conduct which gave rise to the claim was not intentional,
13wilful or wanton misconduct, the board or trustees may agree
14to settlement of the proceeding and the pension fund shall
15indemnify the employee for any damages, court costs and
16attorneys' fees agreed to as part of the settlement and any
17attorneys' fees, court costs and litigation expenses incurred
18in defending the claim.
19    (b) No employee of a pension fund shall be entitled to
20indemnification under this Section unless within 15 days after
21receipt by the employee of service of process, he shall give
22written notice of such proceeding to the pension fund.
23    (c) Each pension fund may insure against loss or liability
24of employees which may arise as a result of these claims. This
25insurance shall be carried by a company authorized to provide
26such coverage in this State.

 

 

HB5496- 35 -LRB102 25260 LNS 34533 b

1    (d) Nothing contained or implied in this Section shall
2operate, or be construed or applied, to deprive the State or a
3pension fund, or any other employee thereof, of any immunity
4or any defense heretofore available.
5    (e) This Section shall apply regardless of whether the
6employee is sued in his or her individual or official
7capacity.
8    (f) This Section shall not apply to claims for bodily
9injury or damage to property arising from motor vehicle
10crashes accidents.
11    (g) This Section shall apply to all proceedings filed on
12or after its effective date, and to any proceeding pending on
13its effective date, if the pension fund employee gives notice
14to the pension fund within 30 days of the Act's effective date.
15(Source: P.A. 80-1078.)
 
16    Section 30. The Illinois Police Training Act is amended by
17changing Section 7 as follows:
 
18    (50 ILCS 705/7)
19    (Text of Section before amendment by P.A. 102-345)
20    Sec. 7. Rules and standards for schools. The Board shall
21adopt rules and minimum standards for such schools which shall
22include, but not be limited to, the following:
23        a. The curriculum for probationary law enforcement
24    officers which shall be offered by all certified schools

 

 

HB5496- 36 -LRB102 25260 LNS 34533 b

1    shall include, but not be limited to, courses of
2    procedural justice, arrest and use and control tactics,
3    search and seizure, including temporary questioning, civil
4    rights, human rights, human relations, cultural
5    competency, including implicit bias and racial and ethnic
6    sensitivity, criminal law, law of criminal procedure,
7    constitutional and proper use of law enforcement
8    authority, crisis intervention training, vehicle and
9    traffic law including uniform and non-discriminatory
10    enforcement of the Illinois Vehicle Code, traffic control
11    and crash accident investigation, techniques of obtaining
12    physical evidence, court testimonies, statements, reports,
13    firearms training, training in the use of electronic
14    control devices, including the psychological and
15    physiological effects of the use of those devices on
16    humans, first-aid (including cardiopulmonary
17    resuscitation), training in the administration of opioid
18    antagonists as defined in paragraph (1) of subsection (e)
19    of Section 5-23 of the Substance Use Disorder Act,
20    handling of juvenile offenders, recognition of mental
21    conditions and crises, including, but not limited to, the
22    disease of addiction, which require immediate assistance
23    and response and methods to safeguard and provide
24    assistance to a person in need of mental treatment,
25    recognition of abuse, neglect, financial exploitation, and
26    self-neglect of adults with disabilities and older adults,

 

 

HB5496- 37 -LRB102 25260 LNS 34533 b

1    as defined in Section 2 of the Adult Protective Services
2    Act, crimes against the elderly, law of evidence, the
3    hazards of high-speed police vehicle chases with an
4    emphasis on alternatives to the high-speed chase, and
5    physical training. The curriculum shall include specific
6    training in techniques for immediate response to and
7    investigation of cases of domestic violence and of sexual
8    assault of adults and children, including cultural
9    perceptions and common myths of sexual assault and sexual
10    abuse as well as interview techniques that are age
11    sensitive and are trauma informed, victim centered, and
12    victim sensitive. The curriculum shall include training in
13    techniques designed to promote effective communication at
14    the initial contact with crime victims and ways to
15    comprehensively explain to victims and witnesses their
16    rights under the Rights of Crime Victims and Witnesses Act
17    and the Crime Victims Compensation Act. The curriculum
18    shall also include training in effective recognition of
19    and responses to stress, trauma, and post-traumatic stress
20    experienced by law enforcement officers that is consistent
21    with Section 25 of the Illinois Mental Health First Aid
22    Training Act in a peer setting, including recognizing
23    signs and symptoms of work-related cumulative stress,
24    issues that may lead to suicide, and solutions for
25    intervention with peer support resources. The curriculum
26    shall include a block of instruction addressing the

 

 

HB5496- 38 -LRB102 25260 LNS 34533 b

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

 

 

HB5496- 39 -LRB102 25260 LNS 34533 b

1    whenever safe and feasible; (3) specific training on
2    officer safety techniques, including cover, concealment,
3    and time; and (4) at least 6 hours of training focused on
4    high-risk traffic stops. The curriculum for permanent law
5    enforcement officers shall include, but not be limited to:
6    (1) refresher and in-service training in any of the
7    courses listed above in this subparagraph, (2) advanced
8    courses in any of the subjects listed above in this
9    subparagraph, (3) training for supervisory personnel, and
10    (4) specialized training in subjects and fields to be
11    selected by the board. The training in the use of
12    electronic control devices shall be conducted for
13    probationary law enforcement officers, including
14    University police officers.
15        b. Minimum courses of study, attendance requirements
16    and equipment requirements.
17        c. Minimum requirements for instructors.
18        d. Minimum basic training requirements, which a
19    probationary law enforcement officer must satisfactorily
20    complete before being eligible for permanent employment as
21    a local law enforcement officer for a participating local
22    governmental or State governmental agency. Those
23    requirements shall include training in first aid
24    (including cardiopulmonary resuscitation).
25        e. Minimum basic training requirements, which a
26    probationary county corrections officer must

 

 

HB5496- 40 -LRB102 25260 LNS 34533 b

1    satisfactorily complete before being eligible for
2    permanent employment as a county corrections officer for a
3    participating local governmental agency.
4        f. Minimum basic training requirements which a
5    probationary court security officer must satisfactorily
6    complete before being eligible for permanent employment as
7    a court security officer for a participating local
8    governmental agency. The Board shall establish those
9    training requirements which it considers appropriate for
10    court security officers and shall certify schools to
11    conduct that training.
12        A person hired to serve as a court security officer
13    must obtain from the Board a certificate (i) attesting to
14    the officer's successful completion of the training
15    course; (ii) attesting to the officer's satisfactory
16    completion of a training program of similar content and
17    number of hours that has been found acceptable by the
18    Board under the provisions of this Act; or (iii) attesting
19    to the Board's determination that the training course is
20    unnecessary because of the person's extensive prior law
21    enforcement experience.
22        Individuals who currently serve as court security
23    officers shall be deemed qualified to continue to serve in
24    that capacity so long as they are certified as provided by
25    this Act within 24 months of June 1, 1997 (the effective
26    date of Public Act 89-685). Failure to be so certified,

 

 

HB5496- 41 -LRB102 25260 LNS 34533 b

1    absent a waiver from the Board, shall cause the officer to
2    forfeit his or her position.
3        All individuals hired as court security officers on or
4    after June 1, 1997 (the effective date of Public Act
5    89-685) shall be certified within 12 months of the date of
6    their hire, unless a waiver has been obtained by the
7    Board, or they shall forfeit their positions.
8        The Sheriff's Merit Commission, if one exists, or the
9    Sheriff's Office if there is no Sheriff's Merit
10    Commission, shall maintain a list of all individuals who
11    have filed applications to become court security officers
12    and who meet the eligibility requirements established
13    under this Act. Either the Sheriff's Merit Commission, or
14    the Sheriff's Office if no Sheriff's Merit Commission
15    exists, shall establish a schedule of reasonable intervals
16    for verification of the applicants' qualifications under
17    this Act and as established by the Board.
18        g. Minimum in-service training requirements, which a
19    law enforcement officer must satisfactorily complete every
20    3 years. Those requirements shall include constitutional
21    and proper use of law enforcement authority, procedural
22    justice, civil rights, human rights, reporting child abuse
23    and neglect, and cultural competency, including implicit
24    bias and racial and ethnic sensitivity. These trainings
25    shall consist of at least 30 hours of training every 3
26    years.

 

 

HB5496- 42 -LRB102 25260 LNS 34533 b

1        h. Minimum in-service training requirements, which a
2    law enforcement officer must satisfactorily complete at
3    least annually. Those requirements shall include law
4    updates, emergency medical response training and
5    certification, crisis intervention training, and officer
6    wellness and mental health.
7        i. Minimum in-service training requirements as set
8    forth in Section 10.6.
9    The amendatory changes to this Section made by Public Act
10101-652 shall take effect January 1, 2022.
11(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
12101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
138-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
1410-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
151-1-22; 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; revised
1610-5-21.)
 
17    (Text of Section after amendment by P.A. 102-345)
18    Sec. 7. Rules and standards for schools. The Board shall
19adopt rules and minimum standards for such schools which shall
20include, but not be limited to, the following:
21        a. The curriculum for probationary law enforcement
22    officers which shall be offered by all certified schools
23    shall include, but not be limited to, courses of
24    procedural justice, arrest and use and control tactics,
25    search and seizure, including temporary questioning, civil

 

 

HB5496- 43 -LRB102 25260 LNS 34533 b

1    rights, human rights, human relations, cultural
2    competency, including implicit bias and racial and ethnic
3    sensitivity, criminal law, law of criminal procedure,
4    constitutional and proper use of law enforcement
5    authority, crisis intervention training, vehicle and
6    traffic law including uniform and non-discriminatory
7    enforcement of the Illinois Vehicle Code, traffic control
8    and crash accident investigation, techniques of obtaining
9    physical evidence, court testimonies, statements, reports,
10    firearms training, training in the use of electronic
11    control devices, including the psychological and
12    physiological effects of the use of those devices on
13    humans, first-aid (including cardiopulmonary
14    resuscitation), training in the administration of opioid
15    antagonists as defined in paragraph (1) of subsection (e)
16    of Section 5-23 of the Substance Use Disorder Act,
17    handling of juvenile offenders, recognition of mental
18    conditions and crises, including, but not limited to, the
19    disease of addiction, which require immediate assistance
20    and response and methods to safeguard and provide
21    assistance to a person in need of mental treatment,
22    recognition of abuse, neglect, financial exploitation, and
23    self-neglect of adults with disabilities and older adults,
24    as defined in Section 2 of the Adult Protective Services
25    Act, crimes against the elderly, law of evidence, the
26    hazards of high-speed police vehicle chases with an

 

 

HB5496- 44 -LRB102 25260 LNS 34533 b

1    emphasis on alternatives to the high-speed chase, and
2    physical training. The curriculum shall include specific
3    training in techniques for immediate response to and
4    investigation of cases of domestic violence and of sexual
5    assault of adults and children, including cultural
6    perceptions and common myths of sexual assault and sexual
7    abuse as well as interview techniques that are age
8    sensitive and are trauma informed, victim centered, and
9    victim sensitive. The curriculum shall include training in
10    techniques designed to promote effective communication at
11    the initial contact with crime victims and ways to
12    comprehensively explain to victims and witnesses their
13    rights under the Rights of Crime Victims and Witnesses Act
14    and the Crime Victims Compensation Act. The curriculum
15    shall also include training in effective recognition of
16    and responses to stress, trauma, and post-traumatic stress
17    experienced by law enforcement officers that is consistent
18    with Section 25 of the Illinois Mental Health First Aid
19    Training Act in a peer setting, including recognizing
20    signs and symptoms of work-related cumulative stress,
21    issues that may lead to suicide, and solutions for
22    intervention with peer support resources. The curriculum
23    shall include a block of instruction addressing the
24    mandatory reporting requirements under the Abused and
25    Neglected Child Reporting Act. The curriculum shall also
26    include a block of instruction aimed at identifying and

 

 

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1    interacting with persons with autism and other
2    developmental or physical disabilities, reducing barriers
3    to reporting crimes against persons with autism, and
4    addressing the unique challenges presented by cases
5    involving victims or witnesses with autism and other
6    developmental disabilities. The curriculum shall include
7    training in the detection and investigation of all forms
8    of human trafficking. The curriculum shall also include
9    instruction in trauma-informed responses designed to
10    ensure the physical safety and well-being of a child of an
11    arrested parent or immediate family member; this
12    instruction must include, but is not limited to: (1)
13    understanding the trauma experienced by the child while
14    maintaining the integrity of the arrest and safety of
15    officers, suspects, and other involved individuals; (2)
16    de-escalation tactics that would include the use of force
17    when reasonably necessary; and (3) inquiring whether a
18    child will require supervision and care. The curriculum
19    for probationary law enforcement officers shall include:
20    (1) at least 12 hours of hands-on, scenario-based
21    role-playing; (2) at least 6 hours of instruction on use
22    of force techniques, including the use of de-escalation
23    techniques to prevent or reduce the need for force
24    whenever safe and feasible; (3) specific training on
25    officer safety techniques, including cover, concealment,
26    and time; and (4) at least 6 hours of training focused on

 

 

HB5496- 46 -LRB102 25260 LNS 34533 b

1    high-risk traffic stops. The curriculum for permanent law
2    enforcement officers shall include, but not be limited to:
3    (1) refresher and in-service training in any of the
4    courses listed above in this subparagraph, (2) advanced
5    courses in any of the subjects listed above in this
6    subparagraph, (3) training for supervisory personnel, and
7    (4) specialized training in subjects and fields to be
8    selected by the board. The training in the use of
9    electronic control devices shall be conducted for
10    probationary law enforcement officers, including
11    University police officers. The curriculum shall also
12    include training on the use of a firearms restraining
13    order by providing instruction on the process used to file
14    a firearms restraining order and how to identify
15    situations in which a firearms restraining order is
16    appropriate.
17        b. Minimum courses of study, attendance requirements
18    and equipment requirements.
19        c. Minimum requirements for instructors.
20        d. Minimum basic training requirements, which a
21    probationary law enforcement officer must satisfactorily
22    complete before being eligible for permanent employment as
23    a local law enforcement officer for a participating local
24    governmental or State governmental agency. Those
25    requirements shall include training in first aid
26    (including cardiopulmonary resuscitation).

 

 

HB5496- 47 -LRB102 25260 LNS 34533 b

1        e. Minimum basic training requirements, which a
2    probationary county corrections officer must
3    satisfactorily complete before being eligible for
4    permanent employment as a county corrections officer for a
5    participating local governmental agency.
6        f. Minimum basic training requirements which a
7    probationary court security officer must satisfactorily
8    complete before being eligible for permanent employment as
9    a court security officer for a participating local
10    governmental agency. The Board shall establish those
11    training requirements which it considers appropriate for
12    court security officers and shall certify schools to
13    conduct that training.
14        A person hired to serve as a court security officer
15    must obtain from the Board a certificate (i) attesting to
16    the officer's successful completion of the training
17    course; (ii) attesting to the officer's satisfactory
18    completion of a training program of similar content and
19    number of hours that has been found acceptable by the
20    Board under the provisions of this Act; or (iii) attesting
21    to the Board's determination that the training course is
22    unnecessary because of the person's extensive prior law
23    enforcement experience.
24        Individuals who currently serve as court security
25    officers shall be deemed qualified to continue to serve in
26    that capacity so long as they are certified as provided by

 

 

HB5496- 48 -LRB102 25260 LNS 34533 b

1    this Act within 24 months of June 1, 1997 (the effective
2    date of Public Act 89-685). Failure to be so certified,
3    absent a waiver from the Board, shall cause the officer to
4    forfeit his or her position.
5        All individuals hired as court security officers on or
6    after June 1, 1997 (the effective date of Public Act
7    89-685) shall be certified within 12 months of the date of
8    their hire, unless a waiver has been obtained by the
9    Board, or they shall forfeit their positions.
10        The Sheriff's Merit Commission, if one exists, or the
11    Sheriff's Office if there is no Sheriff's Merit
12    Commission, shall maintain a list of all individuals who
13    have filed applications to become court security officers
14    and who meet the eligibility requirements established
15    under this Act. Either the Sheriff's Merit Commission, or
16    the Sheriff's Office if no Sheriff's Merit Commission
17    exists, shall establish a schedule of reasonable intervals
18    for verification of the applicants' qualifications under
19    this Act and as established by the Board.
20        g. Minimum in-service training requirements, which a
21    law enforcement officer must satisfactorily complete every
22    3 years. Those requirements shall include constitutional
23    and proper use of law enforcement authority, procedural
24    justice, civil rights, human rights, reporting child abuse
25    and neglect, and cultural competency, including implicit
26    bias and racial and ethnic sensitivity. These trainings

 

 

HB5496- 49 -LRB102 25260 LNS 34533 b

1    shall consist of at least 30 hours of training every 3
2    years.
3        h. Minimum in-service training requirements, which a
4    law enforcement officer must satisfactorily complete at
5    least annually. Those requirements shall include law
6    updates, emergency medical response training and
7    certification, crisis intervention training, and officer
8    wellness and mental health.
9        i. Minimum in-service training requirements as set
10    forth in Section 10.6.
11    The amendatory changes to this Section made by Public Act
12101-652 shall take effect January 1, 2022.
13(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
14101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
158-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
1610-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
171-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
18eff. 8-20-21; revised 10-5-21.)
 
19    Section 35. The Uniform Crime Reporting Act is amended by
20changing Section 5-5 as follows:
 
21    (50 ILCS 709/5-5)
22    Sec. 5-5. Definitions. As used in this Act:
23    "Arrest-related death" means any death of an individual
24while the individual's freedom to leave is restricted by a law

 

 

HB5496- 50 -LRB102 25260 LNS 34533 b

1enforcement officer while the officer is on duty, or otherwise
2acting within the scope of his or her employment, including
3any death resulting from a motor vehicle crash accident, if
4the law enforcement officer was engaged in direct action
5against the individual or the individual's vehicle during the
6process of apprehension. "Arrest-related death" does not
7include the death of law enforcement personnel.
8    "Domestic crime" means any crime attempted or committed
9between a victim and offender who have a domestic
10relationship, both current and past.
11    "Hate crime" has the same meaning as defined under Section
1212-7.1 of the Criminal Code of 2012.
13    "Law enforcement agency" means an agency of this State or
14unit of local government which is vested by law or ordinance
15with the duty to maintain public order and to enforce criminal
16law or ordinances.
17    "Law enforcement officer" or "officer" means any officer,
18agent, or employee of this State or a unit of local government
19authorized by law or by a government agency to engage in or
20supervise the prevention, detection, or investigation of any
21violation of criminal law, or authorized by law to supervise
22accused persons or sentenced criminal offenders.
23(Source: P.A. 102-538, eff. 8-20-21.)
 
24    Section 40. The Police and Community Relations Improvement
25Act is amended by changing Sections 1-5 and 1-10 as follows:
 

 

 

HB5496- 51 -LRB102 25260 LNS 34533 b

1    (50 ILCS 727/1-5)
2    Sec. 1-5. Definitions. As used in this Act:
3    "Law enforcement agency" means an agency of this State or
4unit of local government which is vested by law or ordinance
5with the duty to maintain public order and to enforce criminal
6laws or ordinances.
7    "Law enforcement officer" or "officer" means any person
8employed by a State, county, or municipality as a policeman,
9peace officer, or in some like position involving the
10enforcement of the law and protection of public interest at
11the risk of the person's life.
12    "Officer-involved death" means any death of an individual
13that results directly from an action or directly from an
14intentional omission, including unreasonable delay involving a
15person in custody or intentional failure to seek medical
16attention when the need for treatment is apparent, of a law
17enforcement officer while the officer is on duty, or otherwise
18acting within the scope of his or her employment, or while the
19officer is off duty, but performing activities that are within
20the scope of his or her law enforcement duties.
21"Officer-involved death" includes any death resulting from a
22motor vehicle crash accident, if the law enforcement officer
23was engaged in law enforcement activity involving the
24individual or the individual's vehicle in the process of
25apprehension or attempt to apprehend.

 

 

HB5496- 52 -LRB102 25260 LNS 34533 b

1(Source: P.A. 99-352, eff. 1-1-16.)
 
2    (50 ILCS 727/1-10)
3    Sec. 1-10. Investigation of officer-involved deaths;
4requirements.
5    (a) Each law enforcement agency shall have a written
6policy regarding the investigation of officer-involved deaths
7that involve a law enforcement officer employed by that law
8enforcement agency.
9    (b) Each officer-involved death investigation shall be
10conducted by at least 2 investigators, or an entity or agency
11comprised of at least 2 investigators, one of whom is the lead
12investigator. The lead investigator shall be a person
13certified by the Illinois Law Enforcement Training Standards
14Board as a Lead Homicide Investigator, or similar training
15approved by the Illinois Law Enforcement Training Standards
16Board or the Illinois State Police, or similar training
17provided at an Illinois Law Enforcement Training Standards
18Board certified school. No investigator involved in the
19investigation may be employed by the law enforcement agency
20that employs the officer involved in the officer-involved
21death, unless the investigator is employed by the Illinois
22State Police and is not assigned to the same division or unit
23as the officer involved in the death.
24    (c) In addition to the requirements of subsection (b) of
25this Section, if the officer-involved death being investigated

 

 

HB5496- 53 -LRB102 25260 LNS 34533 b

1involves a motor vehicle crash accident, at least one
2investigator shall be certified by the Illinois Law
3Enforcement Training Standards Board as a Crash Reconstruction
4Specialist, or similar training approved by the Illinois Law
5Enforcement Training Standards Board or the Illinois State
6Police, or similar training provided at an Illinois Law
7Enforcement Training Standards Board certified school.
8Notwithstanding the requirements of subsection (b) of this
9Section, the policy for a law enforcement agency, when the
10officer-involved death being investigated involves a motor
11vehicle collision, may allow the use of an investigator who is
12employed by that law enforcement agency and who is certified
13by the Illinois Law Enforcement Training Standards Board as a
14Crash Reconstruction Specialist, or similar training approved
15by the Illinois Law Enforcement Training and Standards Board,
16or similar certified training approved by the Illinois State
17Police, or similar training provided at an Illinois Law
18Enforcement Training and Standards Board certified school.
19    (d) The investigators conducting the investigation shall,
20in an expeditious manner, provide a complete report to the
21State's Attorney of the county in which the officer-involved
22death occurred.
23    (e) If the State's Attorney, or a designated special
24prosecutor, determines there is no basis to prosecute the law
25enforcement officer involved in the officer-involved death, or
26if the law enforcement officer is not otherwise charged or

 

 

HB5496- 54 -LRB102 25260 LNS 34533 b

1indicted, the investigators shall publicly release a report.
2(Source: P.A. 102-538, eff. 8-20-21.)
 
3    Section 45. The Counties Code is amended by changing
4Sections 3-3013 and 5-1182 as follows:
 
5    (55 ILCS 5/3-3013)  (from Ch. 34, par. 3-3013)
6    Sec. 3-3013. Preliminary investigations; blood and urine
7analysis; summoning jury; reports. Every coroner, whenever,
8as soon as he knows or is informed that the dead body of any
9person is found, or lying within his county, whose death is
10suspected of being:
11        (a) A sudden or violent death, whether apparently
12    suicidal, homicidal or accidental, including but not
13    limited to deaths apparently caused or contributed to by
14    thermal, traumatic, chemical, electrical or radiational
15    injury, or a complication of any of them, or by drowning or
16    suffocation, or as a result of domestic violence as
17    defined in the Illinois Domestic Violence Act of 1986;
18        (b) A death due to a sex crime;
19        (c) A death where the circumstances are suspicious,
20    obscure, mysterious or otherwise unexplained or where, in
21    the written opinion of the attending physician, the cause
22    of death is not determined;
23        (d) A death where addiction to alcohol or to any drug
24    may have been a contributory cause; or

 

 

HB5496- 55 -LRB102 25260 LNS 34533 b

1        (e) A death where the decedent was not attended by a
2    licensed physician;
3shall go to the place where the dead body is, and take charge
4of the same and shall make a preliminary investigation into
5the circumstances of the death. In the case of death without
6attendance by a licensed physician the body may be moved with
7the coroner's consent from the place of death to a mortuary in
8the same county. Coroners in their discretion shall notify
9such physician as is designated in accordance with Section
103-3014 to attempt to ascertain the cause of death, either by
11autopsy or otherwise.
12    In cases of accidental death involving a motor vehicle in
13which the decedent was (1) the operator or a suspected
14operator of a motor vehicle, or (2) a pedestrian 16 years of
15age or older, the coroner shall require that a blood specimen
16of at least 30 cc., and if medically possible a urine specimen
17of at least 30 cc. or as much as possible up to 30 cc., be
18withdrawn from the body of the decedent in a timely fashion
19after the crash accident causing his death, by such physician
20as has been designated in accordance with Section 3-3014, or
21by the coroner or deputy coroner or a qualified person
22designated by such physician, coroner, or deputy coroner. If
23the county does not maintain laboratory facilities for making
24such analysis, the blood and urine so drawn shall be sent to
25the Illinois State Police or any other accredited or
26State-certified laboratory for analysis of the alcohol, carbon

 

 

HB5496- 56 -LRB102 25260 LNS 34533 b

1monoxide, and dangerous or narcotic drug content of such blood
2and urine specimens. Each specimen submitted shall be
3accompanied by pertinent information concerning the decedent
4upon a form prescribed by such laboratory. Any person drawing
5blood and urine and any person making any examination of the
6blood and urine under the terms of this Division shall be
7immune from all liability, civil or criminal, that might
8otherwise be incurred or imposed.
9    In all other cases coming within the jurisdiction of the
10coroner and referred to in subparagraphs (a) through (e)
11above, blood, and whenever possible, urine samples shall be
12analyzed for the presence of alcohol and other drugs. When the
13coroner suspects that drugs may have been involved in the
14death, either directly or indirectly, a toxicological
15examination shall be performed which may include analyses of
16blood, urine, bile, gastric contents and other tissues. When
17the coroner suspects a death is due to toxic substances, other
18than drugs, the coroner shall consult with the toxicologist
19prior to collection of samples. Information submitted to the
20toxicologist shall include information as to height, weight,
21age, sex and race of the decedent as well as medical history,
22medications used by and the manner of death of decedent.
23    When the coroner or medical examiner finds that the cause
24of death is due to homicidal means, the coroner or medical
25examiner shall cause blood and buccal specimens (tissue may be
26submitted if no uncontaminated blood or buccal specimen can be

 

 

HB5496- 57 -LRB102 25260 LNS 34533 b

1obtained), whenever possible, to be withdrawn from the body of
2the decedent in a timely fashion. For proper preservation of
3the specimens, collected blood and buccal specimens shall be
4dried and tissue specimens shall be frozen if available
5equipment exists. As soon as possible, but no later than 30
6days after the collection of the specimens, the coroner or
7medical examiner shall release those specimens to the police
8agency responsible for investigating the death. As soon as
9possible, but no later than 30 days after the receipt from the
10coroner or medical examiner, the police agency shall submit
11the specimens using the agency case number to a National DNA
12Index System (NDIS) participating laboratory within this
13State, such as the Illinois State Police, Division of Forensic
14Services, for analysis and categorizing into genetic marker
15groupings. The results of the analysis and categorizing into
16genetic marker groupings shall be provided to the Illinois
17State Police and shall be maintained by the Illinois State
18Police in the State central repository in the same manner, and
19subject to the same conditions, as provided in Section 5-4-3
20of the Unified Code of Corrections. The requirements of this
21paragraph are in addition to any other findings, specimens, or
22information that the coroner or medical examiner is required
23to provide during the conduct of a criminal investigation.
24    In all counties, in cases of apparent suicide, homicide,
25or accidental death or in other cases, within the discretion
26of the coroner, the coroner may summon 8 persons of lawful age

 

 

HB5496- 58 -LRB102 25260 LNS 34533 b

1from those persons drawn for petit jurors in the county. The
2summons shall command these persons to present themselves
3personally at such a place and time as the coroner shall
4determine, and may be in any form which the coroner shall
5determine and may incorporate any reasonable form of request
6for acknowledgment which the coroner deems practical and
7provides a reliable proof of service. The summons may be
8served by first class mail. From the 8 persons so summoned, the
9coroner shall select 6 to serve as the jury for the inquest.
10Inquests may be continued from time to time, as the coroner may
11deem necessary. The 6 jurors selected in a given case may view
12the body of the deceased. If at any continuation of an inquest
13one or more of the original jurors shall be unable to continue
14to serve, the coroner shall fill the vacancy or vacancies. A
15juror serving pursuant to this paragraph shall receive
16compensation from the county at the same rate as the rate of
17compensation that is paid to petit or grand jurors in the
18county. The coroner shall furnish to each juror without fee at
19the time of his discharge a certificate of the number of days
20in attendance at an inquest, and, upon being presented with
21such certificate, the county treasurer shall pay to the juror
22the sum provided for his services.
23    In counties which have a jury commission, in cases of
24apparent suicide or homicide or of accidental death, the
25coroner may conduct an inquest. The jury commission shall
26provide at least 8 jurors to the coroner, from whom the coroner

 

 

HB5496- 59 -LRB102 25260 LNS 34533 b

1shall select any 6 to serve as the jury for the inquest.
2Inquests may be continued from time to time as the coroner may
3deem necessary. The 6 jurors originally chosen in a given case
4may view the body of the deceased. If at any continuation of an
5inquest one or more of the 6 jurors originally chosen shall be
6unable to continue to serve, the coroner shall fill the
7vacancy or vacancies. At the coroner's discretion, additional
8jurors to fill such vacancies shall be supplied by the jury
9commission. A juror serving pursuant to this paragraph in such
10county shall receive compensation from the county at the same
11rate as the rate of compensation that is paid to petit or grand
12jurors in the county.
13    In every case in which a fire is determined to be a
14contributing factor in a death, the coroner shall report the
15death to the Office of the State Fire Marshal. The coroner
16shall provide a copy of the death certificate (i) within 30
17days after filing the permanent death certificate and (ii) in
18a manner that is agreed upon by the coroner and the State Fire
19Marshal.
20    In every case in which a drug overdose is determined to be
21the cause or a contributing factor in the death, the coroner or
22medical examiner shall report the death to the Department of
23Public Health. The Department of Public Health shall adopt
24rules regarding specific information that must be reported in
25the event of such a death. If possible, the coroner shall
26report the cause of the overdose. As used in this Section,

 

 

HB5496- 60 -LRB102 25260 LNS 34533 b

1"overdose" has the same meaning as it does in Section 414 of
2the Illinois Controlled Substances Act. The Department of
3Public Health shall issue a semiannual report to the General
4Assembly summarizing the reports received. The Department
5shall also provide on its website a monthly report of overdose
6death figures organized by location, age, and any other
7factors, the Department deems appropriate.
8    In addition, in every case in which domestic violence is
9determined to be a contributing factor in a death, the coroner
10shall report the death to the Illinois State Police.
11    All deaths in State institutions and all deaths of wards
12of the State or youth in care as defined in Section 4d of the
13Children and Family Services Act in private care facilities or
14in programs funded by the Department of Human Services under
15its powers relating to mental health and developmental
16disabilities or alcoholism and substance abuse or funded by
17the Department of Children and Family Services shall be
18reported to the coroner of the county in which the facility is
19located. If the coroner has reason to believe that an
20investigation is needed to determine whether the death was
21caused by maltreatment or negligent care of the ward of the
22State or youth in care as defined in Section 4d of the Children
23and Family Services Act, the coroner may conduct a preliminary
24investigation of the circumstances of such death as in cases
25of death under circumstances set forth in paragraphs (a)
26through (e) of this Section.

 

 

HB5496- 61 -LRB102 25260 LNS 34533 b

1(Source: P.A. 101-13, eff. 6-12-19; 102-538, eff. 8-20-21.)
 
2    (55 ILCS 5/5-1182)
3    Sec. 5-1182. Charitable organizations; solicitation.
4    (a) No county may prohibit a charitable organization, as
5defined in Section 2 of the Charitable Games Act, from
6soliciting for charitable purposes, including solicitations
7taking place on public roadways from passing motorists, if all
8of the following requirements are met.
9        (1) The persons to be engaged in the solicitation are
10    law enforcement personnel, firefighters, or other persons
11    employed to protect the public safety of a local agency,
12    and those persons are soliciting solely in an area that is
13    within the service area of that local agency.
14        (2) The charitable organization files an application
15    with the county having jurisdiction over the location or
16    locations where the solicitation is to occur. The
17    applications shall be filed not later than 10 business
18    days before the date that the solicitation is to begin and
19    shall include all of the following:
20            (A) The date or dates and times of day when the
21        solicitation is to occur.
22            (B) The location or locations where the
23        solicitation is to occur along with a list of 3
24        alternate locations listed in order of preference.
25            (C) The manner and conditions under which the

 

 

HB5496- 62 -LRB102 25260 LNS 34533 b

1        solicitation is to occur.
2            (D) Proof of a valid liability insurance policy in
3        the amount of at least $1,000,000 insuring the charity
4        or local agency against bodily injury and property
5        damage arising out of or in connection with the
6        solicitation.
7    The county shall approve the application within 5 business
8days after the filing date of the application, but may impose
9reasonable conditions in writing that are consistent with the
10intent of this Section and are based on articulated public
11safety concerns. If the county determines that the applicant's
12location cannot be permitted due to significant safety
13concerns, such as high traffic volumes, poor geometrics,
14construction, maintenance operations, or past crash accident
15history, then the county may deny the application for that
16location and must approve one of the 3 alternate locations
17following the order of preference submitted by the applicant
18on the alternate location list. By acting under this Section,
19a local agency does not waive or limit any immunity from
20liability provided by any other provision of law.
21    (b) For purposes of this Section, "local agency" means a
22county, special district, fire district, joint powers of
23authority, or other political subdivision of the State of
24Illinois.
25    (c) A home rule unit may not regulate a charitable
26organization in a manner that is inconsistent with this

 

 

HB5496- 63 -LRB102 25260 LNS 34533 b

1Section. This Section is a limitation under subsection (i) of
2Section 6 of Article VII of the Illinois Constitution on the
3concurrent exercise by home rule units of powers and functions
4exercised by the State.
5(Source: P.A. 97-692, eff. 6-15-12; 98-134, eff. 8-2-13.)
 
6    Section 50. The Illinois Municipal Code is amended by
7changing Section 11-80-9 as follows:
 
8    (65 ILCS 5/11-80-9)  (from Ch. 24, par. 11-80-9)
9    Sec. 11-80-9. The corporate authorities of each
10municipality may prevent and regulate all amusements and
11activities having a tendency to annoy or endanger persons or
12property on the sidewalks, streets, and other municipal
13property. However, no municipality may prohibit a charitable
14organization, as defined in Section 2 of the Charitable Games
15Act, from soliciting for charitable purposes, including
16solicitations taking place on public roadways from passing
17motorists, if all of the following requirements are met.
18        (1) The persons to be engaged in the solicitation are
19    law enforcement personnel, firefighters, or other persons
20    employed to protect the public safety of a local agency,
21    and that are soliciting solely in an area that is within
22    the service area of that local agency.
23        (2) The charitable organization files an application
24    with the municipality having jurisdiction over the

 

 

HB5496- 64 -LRB102 25260 LNS 34533 b

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

 

 

HB5496- 65 -LRB102 25260 LNS 34533 b

1must approve one of the 3 alternate locations following the
2order of preference submitted by the applicant on the
3alternate location list. By acting under this Section, a local
4agency does not waive or limit any immunity from liability
5provided by any other provision of law.
6    For purposes of this Section, "local agency" means a
7municipality, special district, fire district, joint powers of
8authority, or other political subdivision of the State of
9Illinois.
10    A home rule unit may not regulate a charitable
11organization in a manner that is inconsistent with this
12Section. This Section is a limitation under subsection (i) of
13Section 6 of Article VII of the Illinois Constitution on the
14concurrent exercise by home rule units of powers and functions
15exercised by the State.
16(Source: P.A. 97-692, eff. 6-15-12; 98-134, eff. 8-2-13;
1798-756, eff. 7-16-14.)
 
18    Section 55. The Illinois Insurance Code is amended by
19changing Sections 143.01, 143.19, 143.19.1, 143.19.3, 143.24b,
20143.29, 143.32, 143a, and 143a-2 as follows:
 
21    (215 ILCS 5/143.01)  (from Ch. 73, par. 755.01)
22    Sec. 143.01. (a) A provision in a policy of vehicle
23insurance described in Section 4 excluding coverage for bodily
24injury to members of the family of the insured shall not be

 

 

HB5496- 66 -LRB102 25260 LNS 34533 b

1applicable when a third party acquires a right of contribution
2against a member of the injured person's family.
3    (b) A provision in a policy of vehicle insurance excluding
4coverage for bodily injury to members of the family of the
5insured shall not be applicable when any person not in the
6household of the insured was driving the vehicle of the
7insured involved in the crash accident which is the subject of
8the claim or lawsuit.
9    This subsection (b) applies to any action filed on or
10after its effective date.
11(Source: P.A. 83-1132.)
 
12    (215 ILCS 5/143.19)  (from Ch. 73, par. 755.19)
13    (Text of Section before amendment by P.A. 101-652)
14    Sec. 143.19. Cancellation of automobile insurance policy;
15grounds. After a policy of automobile insurance as defined in
16Section 143.13(a) has been effective for 60 days, or if such
17policy is a renewal policy, the insurer shall not exercise its
18option to cancel such policy except for one or more of the
19following reasons:
20        a. Nonpayment of premium;
21        b. The policy was obtained through a material
22    misrepresentation;
23        c. Any insured violated any of the terms and
24    conditions of the policy;
25        d. The named insured failed to disclose fully his

 

 

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

 

 

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

 

 

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1            4. an authorized emergency vehicle;
2            5. changed in shape or condition during the policy
3        period so as to increase the risk substantially; or
4            6. subject to an inspection law and has not been
5        inspected or, if inspected, has failed to qualify.
6    Nothing in this Section shall apply to nonrenewal.
7(Source: P.A. 100-201, eff. 8-18-17.)
 
8    (Text of Section after amendment by P.A. 101-652)
9    Sec. 143.19. Cancellation of automobile insurance policy;
10grounds. After a policy of automobile insurance as defined in
11Section 143.13(a) has been effective for 60 days, or if such
12policy is a renewal policy, the insurer shall not exercise its
13option to cancel such policy except for one or more of the
14following reasons:
15        a. Nonpayment of premium;
16        b. The policy was obtained through a material
17    misrepresentation;
18        c. Any insured violated any of the terms and
19    conditions of the policy;
20        d. The named insured failed to disclose fully his
21    motor vehicle crashes accidents and moving traffic
22    violations for the preceding 36 months if called for in
23    the application;
24        e. Any insured made a false or fraudulent claim or
25    knowingly aided or abetted another in the presentation of

 

 

HB5496- 70 -LRB102 25260 LNS 34533 b

1    such a claim;
2        f. The named insured or any other operator who either
3    resides in the same household or customarily operates an
4    automobile insured under such policy:
5            1. has, within the 12 months prior to the notice of
6        cancellation, had his driver's license under
7        suspension or revocation;
8            2. is or becomes subject to epilepsy or heart
9        attacks, and such individual does not produce a
10        certificate from a physician testifying to his
11        unqualified ability to operate a motor vehicle safely;
12            3. has a crash an accident record, conviction
13        record (criminal or traffic), physical, or mental
14        condition which is such that his operation of an
15        automobile might endanger the public safety;
16            4. has, within the 36 months prior to the notice of
17        cancellation, been addicted to the use of narcotics or
18        other drugs; or
19            5. has been convicted, or violated conditions of
20        pretrial release, during the 36 months immediately
21        preceding the notice of cancellation, for any felony,
22        criminal negligence resulting in death, homicide or
23        assault arising out of the operation of a motor
24        vehicle, operating a motor vehicle while in an
25        intoxicated condition or while under the influence of
26        drugs, being intoxicated while in, or about, an

 

 

HB5496- 71 -LRB102 25260 LNS 34533 b

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

 

 

HB5496- 72 -LRB102 25260 LNS 34533 b

1            6. subject to an inspection law and has not been
2        inspected or, if inspected, has failed to qualify.
3    Nothing in this Section shall apply to nonrenewal.
4(Source: P.A. 100-201, eff. 8-18-17; 101-652, eff. 1-1-23.)
 
5    (215 ILCS 5/143.19.1)  (from Ch. 73, par. 755.19.1)
6    (Text of Section before amendment by P.A. 101-652)
7    Sec. 143.19.1. Limits on exercise of right of nonrenewal.
8After a policy of automobile insurance, as defined in Section
9143.13, has been effective or renewed for 5 or more years, the
10company shall not exercise its right of non-renewal unless:
11    a. The policy was obtained through a material
12misrepresentation; or
13    b. Any insured violated any of the terms and conditions of
14the policy; or
15    c. The named insured failed to disclose fully his motor
16vehicle crashes accidents and moving traffic violations for
17the preceding 36 months, if such information is called for in
18the application; or
19    d. Any insured made a false or fraudulent claim or
20knowingly aided or abetted another in the presentation of such
21a claim; or
22    e. The named insured or any other operator who either
23resides in the same household or customarily operates an
24automobile insured under such a policy:
25        1. Has, within the 12 months prior to the notice of

 

 

HB5496- 73 -LRB102 25260 LNS 34533 b

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

 

 

HB5496- 74 -LRB102 25260 LNS 34533 b

1    immediately preceding the notice of non-renewal, of any
2    law, ordinance or regulation limiting the speed of motor
3    vehicles or any of the provisions of the motor vehicle
4    laws of any state, violation of which constitutes a
5    misdemeanor, whether or not the violations were
6    repetitions of the same offense or different offenses; or
7    f. The insured automobile is:
8        1. So mechanically defective that its operation might
9    endanger public safety; or
10        2. Used in carrying passengers for hire or
11    compensation (the use of an automobile for a car pool
12    shall not be considered use of an automobile for hire or
13    compensation); or
14        3. Used in the business of transportation of
15    flammables or explosives; or
16        4. An authorized emergency vehicle; or
17        5. Changed in shape or condition during the policy
18    period so as to increase the risk substantially; or
19        6. Subject to an inspection law and it has not been
20    inspected or, if inspected, has failed to qualify; or
21    g. The notice of the intention not to renew is mailed to
22the insured at least 60 days before the date of nonrenewal as
23provided in Section 143.17.
24(Source: P.A. 89-669, eff. 1-1-97.)
 
25    (Text of Section after amendment by P.A. 101-652)

 

 

HB5496- 75 -LRB102 25260 LNS 34533 b

1    Sec. 143.19.1. Limits on exercise of right of nonrenewal.
2After a policy of automobile insurance, as defined in Section
3143.13, has been effective or renewed for 5 or more years, the
4company shall not exercise its right of non-renewal unless:
5    a. The policy was obtained through a material
6misrepresentation; or
7    b. Any insured violated any of the terms and conditions of
8the policy; or
9    c. The named insured failed to disclose fully his motor
10vehicle crashes accidents and moving traffic violations for
11the preceding 36 months, if such information is called for in
12the application; or
13    d. Any insured made a false or fraudulent claim or
14knowingly aided or abetted another in the presentation of such
15a claim; or
16    e. The named insured or any other operator who either
17resides in the same household or customarily operates an
18automobile insured under such a policy:
19        1. Has, within the 12 months prior to the notice of
20    non-renewal had his drivers license under suspension or
21    revocation; or
22        2. Is or becomes subject to epilepsy or heart attacks,
23    and such individual does not produce a certificate from a
24    physician testifying to his unqualified ability to operate
25    a motor vehicle safely; or
26        3. Has a crash an accident record, conviction record

 

 

HB5496- 76 -LRB102 25260 LNS 34533 b

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

 

 

HB5496- 77 -LRB102 25260 LNS 34533 b

1    f. The insured automobile is:
2        1. So mechanically defective that its operation might
3    endanger public safety; or
4        2. Used in carrying passengers for hire or
5    compensation (the use of an automobile for a car pool
6    shall not be considered use of an automobile for hire or
7    compensation); or
8        3. Used in the business of transportation of
9    flammables or explosives; or
10        4. An authorized emergency vehicle; or
11        5. Changed in shape or condition during the policy
12    period so as to increase the risk substantially; or
13        6. Subject to an inspection law and it has not been
14    inspected or, if inspected, has failed to qualify; or
15    g. The notice of the intention not to renew is mailed to
16the insured at least 60 days before the date of nonrenewal as
17provided in Section 143.17.
18(Source: P.A. 101-652, eff. 1-1-23.)
 
19    (215 ILCS 5/143.19.3)
20    Sec. 143.19.3. Prohibition of rate increase for persons
21involved in emergency use of vehicles.
22    (a) No insurer authorized to transact or transacting
23business in this State, or controlling or controlled by or
24under common control by or with an insurer authorized to
25transact or transacting business in this State, that sells a

 

 

HB5496- 78 -LRB102 25260 LNS 34533 b

1personal policy of automobile insurance in this State shall
2increase the policy premium, cancel the policy, or refuse to
3renew the policy solely because the insured or any other
4person who customarily operates an automobile covered by the
5policy has been involved in a crash had an accident while
6operating an automobile in response to an emergency when the
7insured was responding to a call to duty as a volunteer EMS
8provider, as defined in Section 1-220 of the Illinois Vehicle
9Code.
10    (b) The provisions of subsection (a) also apply to all
11personal umbrella policies.
12(Source: P.A. 100-657, eff. 8-1-18.)
 
13    (215 ILCS 5/143.24b)  (from Ch. 73, par. 755.24b)
14    Sec. 143.24b. Any insurer insuring any person or entity
15against damages arising out of a vehicular crash accident
16shall disclose the dollar amount of liability coverage under
17the insured's personal private passenger automobile liability
18insurance policy upon receipt of the following: (a) a
19certified letter from a claimant or any attorney purporting to
20represent any claimant which requests such disclosure and (b)
21a brief description of the nature and extent of the injuries,
22accompanied by a statement of the amount of medical bills
23incurred to date and copies of medical records. The disclosure
24shall be confidential and available only to the claimant, his
25attorney and personnel in the office of the attorney entitled

 

 

HB5496- 79 -LRB102 25260 LNS 34533 b

1to access to the claimant's files. The insurer shall forward
2the information to the party requesting it by certified mail,
3return receipt requested, within 30 days of receipt of the
4request.
5(Source: P.A. 85-1209.)
 
6    (215 ILCS 5/143.29)  (from Ch. 73, par. 755.29)
7    Sec. 143.29. (a) The rates and premium charges for every
8policy of automobile liability insurance shall include
9appropriate reductions as determined by the insurer for any
10insured over age 55 upon successful completion of the National
11Safety Council's Defensive Driving Course or a motor vehicle
12crash accident prevention course, including an eLearning
13course, that is found by the Secretary of State to meet or
14exceed the standards of the National Safety Council's
15Defensive Driving Course's 8 hour classroom safety instruction
16program.
17    (b) The premium reduction shall remain in effect for the
18qualifying insured for a period of 3 years from the date of
19successful completion of the crash accident prevention course,
20except that the insurer may elect to apply the premium
21reduction beginning either with the last effective date of the
22policy or the next renewal date of the policy if the reduction
23will result in a savings as though applied over a full 3 year
24period. An insured who has completed the course of instruction
25prior to July 1, 1982 shall receive the insurance premium

 

 

HB5496- 80 -LRB102 25260 LNS 34533 b

1reduction for only the period remaining within the 3 years
2from course completion. The period of premium reduction for an
3insured who has repeated the crash accident prevention course
4shall be based upon the last such course the insured has
5successfully completed.
6    (c) Any crash accident prevention course approved by the
7Secretary of State under this Section shall be taught by an
8instructor approved by the Secretary of State, shall consist
9of at least 8 hours of classroom or eLearning equivalent
10instruction and shall provide for a certificate of completion.
11Records of certification of course completion shall be
12maintained in a manner acceptable to the Secretary of State.
13    (d) Any person claiming eligibility for a rate or premium
14reduction shall be responsible for providing to his insurance
15company the information necessary to determine eligibility.
16    (e) This Section shall not apply to:
17        (1) any motor vehicle which is a part of a fleet or is
18    used for commercial purposes unless there is a regularly
19    assigned principal operator.
20        (2) any motor vehicle subject to a higher premium rate
21    because of the insured's previous motor vehicle claim
22    experience or to any motor vehicle whose principal
23    operator has been convicted of violating any of the motor
24    vehicle laws of this State, until that operator shall have
25    maintained a driving record free of crashes accidents and
26    moving violations for a continuous one year period, in

 

 

HB5496- 81 -LRB102 25260 LNS 34533 b

1    which case such driver shall be eligible for a reduction
2    the remaining 2 years of the 3 year period.
3        (3) any motor vehicle whose principal operator has had
4    his drivers license revoked or suspended for any reason by
5    the Secretary of State within the previous 36 months.
6        (4) any policy of group automobile insurance under
7    which premiums are broadly averaged for the group rather
8    than determined individually.
9(Source: P.A. 102-397, eff. 1-1-22.)
 
10    (215 ILCS 5/143.32)
11    Sec. 143.32. Replacement of child restraint systems. A
12policy of automobile insurance, as defined in Section 143.13,
13that is amended, delivered, issued, or renewed after the
14effective date of this amendatory Act of the 91st General
15Assembly must include coverage for replacement of a child
16restraint system that was in use by a child during a crash an
17accident to which coverage is applicable. As used in this
18Section, "child restraint system" has the meaning given that
19term in the Child Passenger Restraint Act.
20(Source: P.A. 91-749, eff. 6-2-00.)
 
21    (215 ILCS 5/143a)  (from Ch. 73, par. 755a)
22    Sec. 143a. Uninsured and hit and run motor vehicle
23coverage.
24    (1) No policy insuring against loss resulting from

 

 

HB5496- 82 -LRB102 25260 LNS 34533 b

1liability imposed by law for bodily injury or death suffered
2by any person arising out of the ownership, maintenance or use
3of a motor vehicle that is designed for use on public highways
4and that is either required to be registered in this State or
5is principally garaged in this State shall be renewed,
6delivered, or issued for delivery in this State unless
7coverage is provided therein or supplemental thereto, in
8limits for bodily injury or death set forth in Section 7-203 of
9the Illinois Vehicle Code for the protection of persons
10insured thereunder who are legally entitled to recover damages
11from owners or operators of uninsured motor vehicles and
12hit-and-run motor vehicles because of bodily injury, sickness
13or disease, including death, resulting therefrom. Uninsured
14motor vehicle coverage does not apply to bodily injury,
15sickness, disease, or death resulting therefrom, of an insured
16while occupying a motor vehicle owned by, or furnished or
17available for the regular use of the insured, a resident
18spouse or resident relative, if that motor vehicle is not
19described in the policy under which a claim is made or is not a
20newly acquired or replacement motor vehicle covered under the
21terms of the policy. The limits for any coverage for any
22vehicle under the policy may not be aggregated with the limits
23for any similar coverage, whether provided by the same insurer
24or another insurer, applying to other motor vehicles, for
25purposes of determining the total limit of insurance coverage
26available for bodily injury or death suffered by a person in

 

 

HB5496- 83 -LRB102 25260 LNS 34533 b

1any one crash accident. No policy shall be renewed, delivered,
2or issued for delivery in this State unless it is provided
3therein that any dispute with respect to the coverage and the
4amount of damages shall be submitted for arbitration to the
5American Arbitration Association and be subject to its rules
6for the conduct of arbitration hearings as to all matters
7except medical opinions. As to medical opinions, if the amount
8of damages being sought is equal to or less than the amount
9provided for in Section 7-203 of the Illinois Vehicle Code,
10then the current American Arbitration Association Rules shall
11apply. If the amount being sought in an American Arbitration
12Association case exceeds that amount as set forth in Section
137-203 of the Illinois Vehicle Code, then the Rules of Evidence
14that apply in the circuit court for placing medical opinions
15into evidence shall govern. Alternatively, disputes with
16respect to damages and the coverage shall be determined in the
17following manner: Upon the insured requesting arbitration,
18each party to the dispute shall select an arbitrator and the 2
19arbitrators so named shall select a third arbitrator. If such
20arbitrators are not selected within 45 days from such request,
21either party may request that the arbitration be submitted to
22the American Arbitration Association. Any decision made by the
23arbitrators shall be binding for the amount of damages not
24exceeding $75,000 for bodily injury to or death of any one
25person, $150,000 for bodily injury to or death of 2 or more
26persons in any one motor vehicle crash accident, or the

 

 

HB5496- 84 -LRB102 25260 LNS 34533 b

1corresponding policy limits for bodily injury or death,
2whichever is less. All 3-person arbitration cases proceeding
3in accordance with any uninsured motorist coverage conducted
4in this State in which the claimant is only seeking monetary
5damages up to the limits set forth in Section 7-203 of the
6Illinois Vehicle Code shall be subject to the following rules:
7        (A) If at least 60 days' written notice of the
8    intention to offer the following documents in evidence is
9    given to every other party, accompanied by a copy of the
10    document, a party may offer in evidence, without
11    foundation or other proof:
12            (1) bills, records, and reports of hospitals,
13        doctors, dentists, registered nurses, licensed
14        practical nurses, physical therapists, and other
15        healthcare providers;
16            (2) bills for drugs, medical appliances, and
17        prostheses;
18            (3) property repair bills or estimates, when
19        identified and itemized setting forth the charges for
20        labor and material used or proposed for use in the
21        repair of the property;
22            (4) a report of the rate of earnings and time lost
23        from work or lost compensation prepared by an
24        employer;
25            (5) the written opinion of an opinion witness, the
26        deposition of a witness, and the statement of a

 

 

HB5496- 85 -LRB102 25260 LNS 34533 b

1        witness that the witness would be allowed to express
2        if testifying in person, if the opinion or statement
3        is made by affidavit or by certification as provided
4        in Section 1-109 of the Code of Civil Procedure;
5            (6) any other document not specifically covered by
6        any of the foregoing provisions that is otherwise
7        admissible under the rules of evidence.
8        Any party receiving a notice under this paragraph (A)
9    may apply to the arbitrator or panel of arbitrators, as
10    the case may be, for the issuance of a subpoena directed to
11    the author or maker or custodian of the document that is
12    the subject of the notice, requiring the person subpoenaed
13    to produce copies of any additional documents as may be
14    related to the subject matter of the document that is the
15    subject of the notice. Any such subpoena shall be issued
16    in substantially similar form and served by notice as
17    provided by Illinois Supreme Court Rule 204(a)(4). Any
18    such subpoena shall be returnable not less than 5 days
19    before the arbitration hearing.
20        (B) Notwithstanding the provisions of Supreme Court
21    Rule 213(g), a party who proposes to use a written opinion
22    of an expert or opinion witness or the testimony of an
23    expert or opinion witness at the hearing may do so
24    provided a written notice of that intention is given to
25    every other party not less than 60 days prior to the date
26    of hearing, accompanied by a statement containing the

 

 

HB5496- 86 -LRB102 25260 LNS 34533 b

1    identity of the witness, his or her qualifications, the
2    subject matter, the basis of the witness's conclusions,
3    and his or her opinion.
4        (C) Any other party may subpoena the author or maker
5    of a document admissible under this subsection, at that
6    party's expense, and examine the author or maker as if
7    under cross-examination. The provisions of Section 2-1101
8    of the Code of Civil Procedure shall be applicable to
9    arbitration hearings, and it shall be the duty of a party
10    requesting the subpoena to modify the form to show that
11    the appearance is set before an arbitration panel and to
12    give the time and place set for the hearing.
13        (D) The provisions of Section 2-1102 of the Code of
14    Civil Procedure shall be applicable to arbitration
15    hearings under this subsection.
16    (2) No policy insuring against loss resulting from
17liability imposed by law for property damage arising out of
18the ownership, maintenance, or use of a motor vehicle shall be
19renewed, delivered, or issued for delivery in this State with
20respect to any private passenger or recreational motor vehicle
21that is designed for use on public highways and that is either
22required to be registered in this State or is principally
23garaged in this State and is not covered by collision
24insurance under the provisions of such policy, unless coverage
25is made available in the amount of the actual cash value of the
26motor vehicle described in the policy or $15,000 whichever is

 

 

HB5496- 87 -LRB102 25260 LNS 34533 b

1less, subject to a $250 deductible, for the protection of
2persons insured thereunder who are legally entitled to recover
3damages from owners or operators of uninsured motor vehicles
4and hit-and-run motor vehicles because of property damage to
5the motor vehicle described in the policy.
6    There shall be no liability imposed under the uninsured
7motorist property damage coverage required by this subsection
8if the owner or operator of the at-fault uninsured motor
9vehicle or hit-and-run motor vehicle cannot be identified.
10This subsection shall not apply to any policy which does not
11provide primary motor vehicle liability insurance for
12liabilities arising from the maintenance, operation, or use of
13a specifically insured motor vehicle.
14    Each insurance company providing motor vehicle property
15damage liability insurance shall advise applicants of the
16availability of uninsured motor vehicle property damage
17coverage, the premium therefor, and provide a brief
18description of the coverage. That information need be given
19only once and shall not be required in any subsequent renewal,
20reinstatement or reissuance, substitute, amended, replacement
21or supplementary policy. No written rejection shall be
22required, and the absence of a premium payment for uninsured
23motor vehicle property damage shall constitute conclusive
24proof that the applicant or policyholder has elected not to
25accept uninsured motorist property damage coverage.
26    An insurance company issuing uninsured motor vehicle

 

 

HB5496- 88 -LRB102 25260 LNS 34533 b

1property damage coverage may provide that:
2        (i) Property damage losses recoverable thereunder
3    shall be limited to damages caused by the actual physical
4    contact of an uninsured motor vehicle with the insured
5    motor vehicle.
6        (ii) There shall be no coverage for loss of use of the
7    insured motor vehicle and no coverage for loss or damage
8    to personal property located in the insured motor vehicle.
9        (iii) Any claim submitted shall include the name and
10    address of the owner of the at-fault uninsured motor
11    vehicle, or a registration number and description of the
12    vehicle, or any other available information to establish
13    that there is no applicable motor vehicle property damage
14    liability insurance.
15    Any dispute with respect to the coverage and the amount of
16damages shall be submitted for arbitration to the American
17Arbitration Association and be subject to its rules for the
18conduct of arbitration hearings or for determination in the
19following manner: Upon the insured requesting arbitration,
20each party to the dispute shall select an arbitrator and the 2
21arbitrators so named shall select a third arbitrator. If such
22arbitrators are not selected within 45 days from such request,
23either party may request that the arbitration be submitted to
24the American Arbitration Association. Any arbitration
25proceeding under this subsection seeking recovery for property
26damages shall be subject to the following rules:

 

 

HB5496- 89 -LRB102 25260 LNS 34533 b

1        (A) If at least 60 days' written notice of the
2    intention to offer the following documents in evidence is
3    given to every other party, accompanied by a copy of the
4    document, a party may offer in evidence, without
5    foundation or other proof:
6            (1) property repair bills or estimates, when
7        identified and itemized setting forth the charges for
8        labor and material used or proposed for use in the
9        repair of the property;
10            (2) the written opinion of an opinion witness, the
11        deposition of a witness, and the statement of a
12        witness that the witness would be allowed to express
13        if testifying in person, if the opinion or statement
14        is made by affidavit or by certification as provided
15        in Section 1-109 of the Code of Civil Procedure;
16            (3) any other document not specifically covered by
17        any of the foregoing provisions that is otherwise
18        admissible under the rules of evidence.
19        Any party receiving a notice under this paragraph (A)
20    may apply to the arbitrator or panel of arbitrators, as
21    the case may be, for the issuance of a subpoena directed to
22    the author or maker or custodian of the document that is
23    the subject of the notice, requiring the person subpoenaed
24    to produce copies of any additional documents as may be
25    related to the subject matter of the document that is the
26    subject of the notice. Any such subpoena shall be issued

 

 

HB5496- 90 -LRB102 25260 LNS 34533 b

1    in substantially similar form and served by notice as
2    provided by Illinois Supreme Court Rule 204(a)(4). Any
3    such subpoena shall be returnable not less than 5 days
4    before the arbitration hearing.
5        (B) Notwithstanding the provisions of Supreme Court
6    Rule 213(g), a party who proposes to use a written opinion
7    of an expert or opinion witness or the testimony of an
8    expert or opinion witness at the hearing may do so
9    provided a written notice of that intention is given to
10    every other party not less than 60 days prior to the date
11    of hearing, accompanied by a statement containing the
12    identity of the witness, his or her qualifications, the
13    subject matter, the basis of the witness's conclusions,
14    and his or her opinion.
15        (C) Any other party may subpoena the author or maker
16    of a document admissible under this subsection, at that
17    party's expense, and examine the author or maker as if
18    under cross-examination. The provisions of Section 2-1101
19    of the Code of Civil Procedure shall be applicable to
20    arbitration hearings, and it shall be the duty of a party
21    requesting the subpoena to modify the form to show that
22    the appearance is set before an arbitration panel and to
23    give the time and place set for the hearing.
24        (D) The provisions of Section 2-1102 of the Code of
25    Civil Procedure shall be applicable to arbitration
26    hearings under this subsection.

 

 

HB5496- 91 -LRB102 25260 LNS 34533 b

1    (3) For the purpose of the coverage, the term "uninsured
2motor vehicle" includes, subject to the terms and conditions
3of the coverage, a motor vehicle where on, before, or after the
4accident date of the crash the liability insurer thereof is
5unable to make payment with respect to the legal liability of
6its insured within the limits specified in the policy because
7of the entry by a court of competent jurisdiction of an order
8of rehabilitation or liquidation by reason of insolvency on or
9after the accident date of the crash. An insurer's extension
10of coverage, as provided in this subsection, shall be
11applicable to all crashes accidents occurring after July 1,
121967 during a policy period in which its insured's uninsured
13motor vehicle coverage is in effect. Nothing in this Section
14may be construed to prevent any insurer from extending
15coverage under terms and conditions more favorable to its
16insureds than is required by this Section.
17    (4) In the event of payment to any person under the
18coverage required by this Section and subject to the terms and
19conditions of the coverage, the insurer making the payment
20shall, to the extent thereof, be entitled to the proceeds of
21any settlement or judgment resulting from the exercise of any
22rights of recovery of the person against any person or
23organization legally responsible for the property damage,
24bodily injury or death for which the payment is made,
25including the proceeds recoverable from the assets of the
26insolvent insurer. With respect to payments made by reason of

 

 

HB5496- 92 -LRB102 25260 LNS 34533 b

1the coverage described in subsection (3), the insurer making
2such payment shall not be entitled to any right of recovery
3against the tortfeasor in excess of the proceeds recovered
4from the assets of the insolvent insurer of the tortfeasor.
5    (5) This amendatory Act of 1967 (Laws of Illinois 1967,
6page 875) shall not be construed to terminate or reduce any
7insurance coverage or any right of any party under this Code in
8effect before July 1, 1967. Public Act 86-1155 shall not be
9construed to terminate or reduce any insurance coverage or any
10right of any party under this Code in effect before its
11effective date.
12    (6) Failure of the motorist from whom the claimant is
13legally entitled to recover damages to file the appropriate
14forms with the Safety Responsibility Section of the Department
15of Transportation within 120 days of the accident date of the
16crash shall create a rebuttable presumption that the motorist
17was uninsured at the time of the injurious occurrence.
18    (7) An insurance carrier may upon good cause require the
19insured to commence a legal action against the owner or
20operator of an uninsured motor vehicle before good faith
21negotiation with the carrier. If the action is commenced at
22the request of the insurance carrier, the carrier shall pay to
23the insured, before the action is commenced, all court costs,
24jury fees and sheriff's fees arising from the action.
25    The changes made by Public Act 90-451 apply to all
26policies of insurance amended, delivered, issued, or renewed

 

 

HB5496- 93 -LRB102 25260 LNS 34533 b

1on and after January 1, 1998 (the effective date of Public Act
290-451).
3    (8) The changes made by Public Act 98-927 apply to all
4policies of insurance amended, delivered, issued, or renewed
5on and after January 1, 2015 (the effective date of Public Act
698-927).
7(Source: P.A. 98-242, eff. 1-1-14; 98-927, eff. 1-1-15;
899-642, eff. 7-28-16.)
 
9    (215 ILCS 5/143a-2)  (from Ch. 73, par. 755a-2)
10    Sec. 143a-2. (1) Additional uninsured motor vehicle
11coverage. No policy insuring against loss resulting from
12liability imposed by law for bodily injury or death suffered
13by any person arising out of the ownership, maintenance or use
14of a motor vehicle shall be renewed or delivered or issued for
15delivery in this State with respect to any motor vehicle
16designed for use on public highways and required to be
17registered in this State unless uninsured motorist coverage as
18required in Section 143a of this Code is included in an amount
19equal to the insured's bodily injury liability limits unless
20specifically rejected by the insured as provided in paragraph
21(2) of this Section. Each insurance company providing the
22coverage must provide applicants with a brief description of
23the coverage and advise them of their right to reject the
24coverage in excess of the limits set forth in Section 7-203 of
25the Illinois Vehicle Code. The provisions of this amendatory

 

 

HB5496- 94 -LRB102 25260 LNS 34533 b

1Act of 1990 apply to policies of insurance applied for after
2June 30, 1991.
3    (2) Right of rejection of additional uninsured motorist
4coverage. Any named insured or applicant may reject additional
5uninsured motorist coverage in excess of the limits set forth
6in Section 7-203 of the Illinois Vehicle Code by making a
7written request for limits of uninsured motorist coverage
8which are less than bodily injury liability limits or a
9written rejection of limits in excess of those required by
10law. This election or rejection shall be binding on all
11persons insured under the policy. In those cases where the
12insured has elected to purchase limits of uninsured motorist
13coverage which are less than bodily injury liability limits or
14to reject limits in excess of those required by law, the
15insurer need not provide in any renewal, reinstatement,
16reissuance, substitute, amended, replacement or supplementary
17policy, coverage in excess of that elected by the insured in
18connection with a policy previously issued to such insured by
19the same insurer unless the insured subsequently makes a
20written request for such coverage.
21    (3) The original document indicating the applicant's
22selection of uninsured motorist coverage limits shall
23constitute sufficient evidence of the applicant's selection of
24uninsured motorist coverage limits. For purposes of this
25Section any reproduction of the document by means of
26photograph, photostat, microfiche, computerized optical

 

 

HB5496- 95 -LRB102 25260 LNS 34533 b

1imaging process, or other similar process or means of
2reproduction shall be deemed the equivalent of the original
3document.
4    (4) For the purpose of this Code the term "underinsured
5motor vehicle" means a motor vehicle whose ownership,
6maintenance or use has resulted in bodily injury or death of
7the insured, as defined in the policy, and for which the sum of
8the limits of liability under all bodily injury liability
9insurance policies or under bonds or other security required
10to be maintained under Illinois law applicable to the driver
11or to the person or organization legally responsible for such
12vehicle and applicable to the vehicle, is less than the limits
13for underinsured coverage provided the insured as defined in
14the policy at the time of the crash accident. The limits of
15liability for an insurer providing underinsured motorist
16coverage shall be the limits of such coverage, less those
17amounts actually recovered under the applicable bodily injury
18insurance policies, bonds or other security maintained on the
19underinsured motor vehicle.
20     On or after July 1, 1983, no policy insuring against loss
21resulting from liability imposed by law for bodily injury or
22death suffered by any person arising out of the ownership,
23maintenance or use of a motor vehicle shall be renewed or
24delivered or issued for delivery in this State with respect to
25any motor vehicle designed for use on public highways and
26required to be registered in this State unless underinsured

 

 

HB5496- 96 -LRB102 25260 LNS 34533 b

1motorist coverage is included in such policy in an amount
2equal to the total amount of uninsured motorist coverage
3provided in that policy where such uninsured motorist coverage
4exceeds the limits set forth in Section 7-203 of the Illinois
5Vehicle Code.
6    The changes made to this subsection (4) by this amendatory
7Act of the 93rd General Assembly apply to policies issued or
8renewed on or after December 1, 2004.
9    (5) Scope. Nothing herein shall prohibit an insurer from
10setting forth policy terms and conditions which provide that
11if the insured has coverage available under this Section under
12more than one policy or provision of coverage, any recovery or
13benefits may be equal to, but may not exceed, the higher of the
14applicable limits of the respective coverage, and the limits
15of liability under this Section shall not be increased because
16of multiple motor vehicles covered under the same policy of
17insurance. Insurers providing liability coverage on an excess
18or umbrella basis are neither required to provide, nor are
19they prohibited from offering or making available coverages
20conforming to this Section on a supplemental basis.
21Notwithstanding the provisions of this Section, an insurer
22shall not be prohibited from solely providing a combination of
23uninsured and underinsured motorist coverages where the limits
24of liability under each coverage is in the same amount.
25    (6) Subrogation against underinsured motorists. No insurer
26shall exercise any right of subrogation under a policy

 

 

HB5496- 97 -LRB102 25260 LNS 34533 b

1providing additional uninsured motorist coverage against an
2underinsured motorist where the insurer has been provided with
3written notice in advance of a settlement between its insured
4and the underinsured motorist and the insurer fails to advance
5a payment to the insured, in an amount equal to the tentative
6settlement, within 30 days following receipt of such notice.
7    (7) A policy which provides underinsured motor vehicle
8coverage may include a clause which denies payment until the
9limits of liability or portion thereof under all bodily injury
10liability insurance policies applicable to the underinsured
11motor vehicle and its operators have been partially or fully
12exhausted by payment of judgment or settlement. A judgment or
13settlement of the bodily injury claim in an amount less than
14the limits of liability of the bodily injury coverages
15applicable to the claim shall not preclude the claimant from
16making an underinsured motorist claim against the underinsured
17motorist coverage. Any such provision in a policy of insurance
18shall be inapplicable if the insured, or the legal
19representative of the insured, and the insurer providing
20underinsured motor vehicle coverage agree that the insured has
21suffered bodily injury or death as the result of the negligent
22operation, maintenance, or use of an underinsured motor
23vehicle and, without arbitration, agree also on the amount of
24damages that the insured is legally entitled to collect. The
25maximum amount payable pursuant to such an underinsured motor
26vehicle insurance settlement agreement shall not exceed the

 

 

HB5496- 98 -LRB102 25260 LNS 34533 b

1amount by which the limits of the underinsured motorist
2coverage exceed the limits of the bodily injury liability
3insurance of the owner or operator of the underinsured motor
4vehicle. Any such agreement shall be final as to the amount due
5and shall be binding upon both the insured and the
6underinsured motorist insurer regardless of the amount of any
7judgment, or any settlement reached between any insured and
8the person or persons responsible for the crash accident. No
9such settlement agreement shall be concluded unless: (i) the
10insured has complied with all other applicable policy terms
11and conditions; and (ii) before the conclusion of the
12settlement agreement, the insured has filed suit against the
13underinsured motor vehicle owner or operator and has not
14abandoned the suit, or settled the suit without preserving the
15rights of the insurer providing underinsured motor vehicle
16coverage in the manner described in paragraph (6) of this
17Section.
18(Source: P.A. 93-762, eff. 7-16-04.)
 
19    Section 60. The Child Care Act of 1969 is amended by
20changing Section 5.1 as follows:
 
21    (225 ILCS 10/5.1)  (from Ch. 23, par. 2215.1)
22    Sec. 5.1. (a) The Department shall ensure that no day care
23center, group home or child care institution as defined in
24this Act shall on a regular basis transport a child or children

 

 

HB5496- 99 -LRB102 25260 LNS 34533 b

1with any motor vehicle unless such vehicle is operated by a
2person who complies with the following requirements:
3        1. is 21 years of age or older;
4        2. currently holds a valid driver's license, which has
5    not been revoked or suspended for one or more traffic
6    violations during the 3 years immediately prior to the
7    date of application;
8        3. demonstrates physical fitness to operate vehicles
9    by submitting the results of a medical examination
10    conducted by a licensed physician;
11        4. has not been convicted of more than 2 offenses
12    against traffic regulations governing the movement of
13    vehicles within a twelve month period;
14        5. has not been convicted of reckless driving or
15    driving under the influence or manslaughter or reckless
16    homicide resulting from the operation of a motor vehicle
17    within the past 3 years;
18        6. has signed and submitted a written statement
19    certifying that he has not, through the unlawful operation
20    of a motor vehicle, caused a crash an accident which
21    resulted in the death of any person within the 5 years
22    immediately prior to the date of application.
23    However, such day care centers, group homes and child care
24institutions may provide for transportation of a child or
25children for special outings, functions or purposes that are
26not scheduled on a regular basis without verification that

 

 

HB5496- 100 -LRB102 25260 LNS 34533 b

1drivers for such purposes meet the requirements of this
2Section.
3    (a-5) As a means of ensuring compliance with the
4requirements set forth in subsection (a), the Department shall
5implement appropriate measures to verify that every individual
6who is employed at a group home or child care institution meets
7those requirements.
8    For every individual employed at a group home or child
9care institution who regularly transports children in the
10course of performing his or her duties, the Department must
11make the verification every 2 years. Upon the Department's
12request, the Secretary of State shall provide the Department
13with the information necessary to enable the Department to
14make the verifications required under subsection (a).
15    In the case of an individual employed at a group home or
16child care institution who becomes subject to subsection (a)
17for the first time after the effective date of this amendatory
18Act of the 94th General Assembly, the Department must make
19that verification with the Secretary of State before the
20individual operates a motor vehicle to transport a child or
21children under the circumstances described in subsection (a).
22    In the case of an individual employed at a group home or
23child care institution who is subject to subsection (a) on the
24effective date of this amendatory Act of the 94th General
25Assembly, the Department must make that verification with the
26Secretary of State within 30 days after that effective date.

 

 

HB5496- 101 -LRB102 25260 LNS 34533 b

1    If the Department discovers that an individual fails to
2meet the requirements set forth in subsection (a), the
3Department shall promptly notify the appropriate group home or
4child care institution.
5    (b) Any individual who holds a valid Illinois school bus
6driver permit issued by the Secretary of State pursuant to The
7Illinois Vehicle Code, and who is currently employed by a
8school district or parochial school, or by a contractor with a
9school district or parochial school, to drive a school bus
10transporting children to and from school, shall be deemed in
11compliance with the requirements of subsection (a).
12    (c) The Department may, pursuant to Section 8 of this Act,
13revoke the license of any day care center, group home or child
14care institution that fails to meet the requirements of this
15Section.
16    (d) A group home or child care institution that fails to
17meet the requirements of this Section is guilty of a petty
18offense and is subject to a fine of not more than $1,000. Each
19day that a group home or child care institution fails to meet
20the requirements of this Section is a separate offense.
21(Source: P.A. 94-943, eff. 1-1-07.)
 
22    Section 65. The Liquor Control Act of 1934 is amended by
23changing Section 6-29.1 as follows:
 
24    (235 ILCS 5/6-29.1)

 

 

HB5496- 102 -LRB102 25260 LNS 34533 b

1    Sec. 6-29.1. Direct shipments of alcoholic liquor.
2    (a) The General Assembly makes the following findings:
3        (1) The General Assembly of Illinois, having reviewed
4    this Act in light of the United States Supreme Court's
5    2005 decision in Granholm v. Heald, has determined to
6    conform that law to the constitutional principles
7    enunciated by the Court in a manner that best preserves
8    the temperance, revenue, and orderly distribution values
9    of this Act.
10        (2) Minimizing automobile crashes accidents and
11    fatalities, domestic violence, health problems, loss of
12    productivity, unemployment, and other social problems
13    associated with dependency and improvident use of
14    alcoholic beverages remains the policy of Illinois.
15        (3) To the maximum extent constitutionally feasible,
16    Illinois desires to collect sufficient revenue from excise
17    and use taxes on alcoholic beverages for the purpose of
18    responding to such social problems.
19        (4) Combined with family education and individual
20    discipline, retail validation of age, and assessment of
21    the capacity of the consumer remains the best pre-sale
22    social protection against the problems associated with the
23    abuse of alcoholic liquor.
24        (5) Therefore, the paramount purpose of this
25    amendatory Act is to continue to carefully limit direct
26    shipment sales of wine produced by makers of wine and to

 

 

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1    continue to prohibit such direct shipment sales for
2    spirits and beer.
3    For these reasons, the Commission shall establish a system
4to notify the out-of-state trade of this prohibition and to
5detect violations. The Commission shall request the Attorney
6General to extradite any offender.
7    (b) Pursuant to the Twenty-First Amendment of the United
8States Constitution allowing states to regulate the
9distribution and sale of alcoholic liquor and pursuant to the
10federal Webb-Kenyon Act declaring that alcoholic liquor
11shipped in interstate commerce must comply with state laws,
12the General Assembly hereby finds and declares that selling
13alcoholic liquor from a point outside this State through
14various direct marketing means, such as catalogs, newspapers,
15mailers, and the Internet, directly to residents of this State
16poses a serious threat to the State's efforts to prevent
17youths from accessing alcoholic liquor; to State revenue
18collections; and to the economy of this State.
19    Any person manufacturing, distributing, or selling
20alcoholic liquor who knowingly ships or transports or causes
21the shipping or transportation of any alcoholic liquor from a
22point outside this State to a person in this State who does not
23hold a manufacturer's, distributor's, importing distributor's,
24or non-resident dealer's license issued by the Liquor Control
25Commission, other than a shipment of sacramental wine to a
26bona fide religious organization, a shipment authorized by

 

 

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1Section 6-29, subparagraph (17) of Section 3-12, or any other
2shipment authorized by this Act, is in violation of this Act.
3    The Commission, upon determining, after investigation,
4that a person has violated this Section, shall give notice to
5the person by certified mail to cease and desist all shipments
6of alcoholic liquor into this State and to withdraw from this
7State within 5 working days after receipt of the notice all
8shipments of alcoholic liquor then in transit. A person who
9violates the cease and desist notice is subject to the
10applicable penalties in subsection (a) of Section 10-1 of this
11Act.
12(Source: P.A. 99-904, eff. 1-1-17.)
 
13    Section 70. The Suicide Prevention, Education, and
14Treatment Act is amended by changing Section 5 as follows:
 
15    (410 ILCS 53/5)
16    Sec. 5. Legislative findings. The General Assembly makes
17the following findings:
18        (1) 1,474 Illinoisans lost their lives to suicide in
19    2017. During 2016, suicide was the eleventh leading cause
20    of death in Illinois, causing more deaths than homicide,
21    motor vehicle crashes accidents, accidental falls, and
22    numerous prevalent diseases, including liver disease,
23    hypertension, influenza/pneumonia, Parkinson's disease,
24    and HIV. Suicide was the third leading cause of death of

 

 

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1    ages 15 to 34 and the fourth leading cause of death of ages
2    35 to 54. Those living outside of urban areas are
3    particularly at risk for suicide, with a rate that is 50%
4    higher than those living in urban areas.
5        (2) For every person who dies by suicide, more than 30
6    others attempt suicide.
7        (3) Each suicide attempt and death impacts countless
8    other individuals. Family members, friends, co-workers,
9    and others in the community all suffer the long-lasting
10    consequences of suicidal behaviors.
11        (4) Suicide attempts and deaths by suicide have an
12    economic impact on Illinois. The National Center for
13    Injury Prevention and Control estimates that in 2010 each
14    suicide death in Illinois resulted in $1,181,549 in
15    medical costs and work loss costs. It also estimated that
16    each hospitalization for self-harm resulted in $31,019 in
17    medical costs and work loss costs and each emergency room
18    visit for self-harm resulted in $4,546 in medical costs
19    and work loss costs.
20        (5) In 2004, the Illinois General Assembly passed the
21    Suicide Prevention, Education, and Treatment Act (Public
22    Act 93-907), which required the Illinois Department of
23    Public Health to establish the Illinois Suicide Prevention
24    Strategic Planning Committee to develop the Illinois
25    Suicide Prevention Strategic Plan. That law required the
26    use of the 2002 United States Surgeon General's National

 

 

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1    Suicide Prevention Strategy as a model for the Plan.
2    Public Act 95-109 changed the name of the committee to the
3    Illinois Suicide Prevention Alliance. The Illinois Suicide
4    Prevention Strategic Plan was submitted in 2007 and
5    updated in 2018.
6        (6) In 2004, there were 1,028 suicide deaths in
7    Illinois, which the Centers for Disease Control reports
8    was an age-adjusted rate of 8.11 deaths per 100,000. The
9    Centers for Disease Control reports that the 1,474 suicide
10    deaths in 2017 result in an age-adjusted rate of 11.19
11    deaths per 100,000. Thus, since the enactment of Public
12    Act 93-907, the rate of suicides in Illinois has risen by
13    38%.
14        (7) Since the enactment of Public Act 93-907, there
15    have been numerous developments in suicide prevention,
16    including the issuance of the 2012 National Strategy for
17    Suicide Prevention by the United States Surgeon General
18    and the National Action Alliance for Suicide Prevention
19    containing new strategies and recommended activities for
20    local governmental bodies.
21        (8) Despite the obvious impact of suicide on Illinois
22    citizens, Illinois has devoted minimal resources to its
23    prevention. There is no full-time coordinator or director
24    of suicide prevention activities in the State. Moreover,
25    the Suicide Prevention Strategic Plan is still modeled on
26    the now obsolete 2002 National Suicide Prevention

 

 

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1    Strategy.
2        (9) It is necessary to revise the Suicide Prevention
3    Strategic Plan to reflect the most current National
4    Suicide Prevention Strategy as well as current research
5    and experience into the prevention of suicide.
6        (10) One of the goals adopted in the 2012 National
7    Strategy for Suicide Prevention is to promote suicide
8    prevention as a core component of health care services so
9    there is an active engagement of health and social
10    services, as well as the coordination of care across
11    multiple settings, thereby ensuring continuity of care and
12    promoting patient safety.
13        (11) Integrating suicide prevention into behavioral
14    and physical health care services can save lives. National
15    data indicate that: over 30% of individuals are receiving
16    mental health care at the time of their deaths by suicide;
17    45% have seen their primary care physicians within one
18    month of their deaths; and 25% of those who die of suicide
19    visited an emergency department in the year prior to their
20    deaths.
21        (12) The Zero Suicide model is a part of the National
22    Strategy for Suicide Prevention, a priority of the
23    National Action Alliance for Suicide Prevention, and a
24    project of the Suicide Prevention Resource Center that
25    implements the goal of making suicide prevention a core
26    component of health care services.

 

 

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1        (13) The Zero Suicide model is built on the
2    foundational belief and aspirational goal that suicide
3    deaths of individuals who are under the care of our health
4    care systems are preventable with the adoption of
5    comprehensive training, patient engagement, transition,
6    and quality improvement.
7        (14) Health care systems, including mental and
8    behavioral health systems and hospitals, that have
9    implemented the Zero Suicide model have noted significant
10    reductions in suicide deaths for patients within their
11    care.
12        (15) The Suicide Prevention Resource Center
13    facilitates adoption of the Zero Suicide model by
14    providing comprehensive information, resources, and tools
15    for its implementation.
16(Source: P.A. 101-331, eff. 8-9-19.)
 
17    Section 75. The Compassionate Use of Medical Cannabis
18Program Act is amended by changing Section 5 as follows:
 
19    (410 ILCS 130/5)
20    Sec. 5. Findings.
21    (a) The recorded use of cannabis as a medicine goes back
22nearly 5,000 years. Modern medical research has confirmed the
23beneficial uses of cannabis in treating or alleviating the
24pain, nausea, and other symptoms associated with a variety of

 

 

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1debilitating medical conditions, including cancer, multiple
2sclerosis, and HIV/AIDS, as found by the National Academy of
3Sciences' Institute of Medicine in March 1999.
4    (b) Studies published since the 1999 Institute of Medicine
5report continue to show the therapeutic value of cannabis in
6treating a wide array of debilitating medical conditions.
7These include relief of the neuropathic pain caused by
8multiple sclerosis, HIV/AIDS, and other illnesses that often
9fail to respond to conventional treatments and relief of
10nausea, vomiting, and other side effects of drugs used to
11treat HIV/AIDS and hepatitis C, increasing the chances of
12patients continuing on life-saving treatment regimens.
13    (c) Cannabis has many currently accepted medical uses in
14the United States, having been recommended by thousands of
15licensed physicians to at least 600,000 patients in states
16with medical cannabis laws. The medical utility of cannabis is
17recognized by a wide range of medical and public health
18organizations, including the American Academy of HIV Medicine,
19the American College of Physicians, the American Nurses
20Association, the American Public Health Association, the
21Leukemia & Lymphoma Society, and many others.
22    (d) Data from the Federal Bureau of Investigation's
23Uniform Crime Reports and the Compendium of Federal Justice
24Statistics show that approximately 99 out of every 100
25cannabis arrests in the U.S. are made under state law, rather
26than under federal law. Consequently, changing State law will

 

 

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1have the practical effect of protecting from arrest the vast
2majority of seriously ill patients who have a medical need to
3use cannabis.
4    (d-5) In 2014, the Task Force on Veterans' Suicide was
5created by the Illinois General Assembly to gather data on
6veterans' suicide prevention. Data from a U.S. Department of
7Veterans Affairs study indicates that 22 veterans commit
8suicide each day.
9    (d-10) According to the State of Illinois Opioid Action
10Plan released in September 2017, "The opioid epidemic is the
11most significant public health and public safety crisis facing
12Illinois". According to the Action Plan, "Fueled by the
13growing opioid epidemic, drug overdoses have now become the
14leading cause of death nationwide for people under the age of
1550. In Illinois, opioid overdoses have killed nearly 11,000
16people since 2008. Just last year, nearly 1,900 people died of
17overdoses—almost twice the number of fatal car crashes
18accidents. Beyond these deaths are thousands of emergency
19department visits, hospital stays, as well as the pain
20suffered by individuals, families, and communities".
21    According to the Action Plan, "At the current rate, the
22opioid epidemic will claim the lives of more than 2,700
23Illinoisans in 2020".
24    Further, the Action Plan states, "Physical tolerance to
25opioids can begin to develop as early as two to three days
26following the continuous use of opioids, which is a large

 

 

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1factor that contributes to their addictive potential".
2    The 2017 State of Illinois Opioid Action Plan also states,
3"The increase in OUD [opioid use disorder] and opioid overdose
4deaths is largely due to the dramatic rise in the rate and
5amount of opioids prescribed for pain over the past decades".
6    Further, according to the Action Plan, "In the absence of
7alternative treatments, reducing the supply of prescription
8opioids too abruptly may drive more people to switch to using
9illicit drugs (including heroin), thus increasing the risk of
10overdose".
11    (e) Alaska, Arizona, California, Colorado, Connecticut,
12Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana,
13Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont,
14Washington, and Washington, D.C. have removed state-level
15criminal penalties from the medical use and cultivation of
16cannabis. Illinois joins in this effort for the health and
17welfare of its citizens.
18    (f) States are not required to enforce federal law or
19prosecute people for engaging in activities prohibited by
20federal law. Therefore, compliance with this Act does not put
21the State of Illinois in violation of federal law.
22    (g) State law should make a distinction between the
23medical and non-medical uses of cannabis. Hence, the purpose
24of this Act is to protect patients with debilitating medical
25conditions, as well as their physicians and providers, from
26arrest and prosecution, criminal and other penalties, and

 

 

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1property forfeiture if the patients engage in the medical use
2of cannabis.
3(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
4    Section 80. The Burn Injury Reporting Act is amended by
5changing Section 5 as follows:
 
6    (425 ILCS 7/5)
7    Sec. 5. Burn injury reporting.
8    (a) Every case of a burn injury treated in a hospital as
9described in this Act may be reported to the Office of the
10State Fire Marshal. The hospital's administrator, manager,
11superintendent, or his or her designee deciding to report
12under this Act shall make an oral report of every burn injury
13in a timely manner as soon as treatment permits, except as
14provided in subsection (c) of this Section, that meets one of
15the following criteria:
16        (1) a person receives a serious second-degree burn or
17    a third degree burn, but not a radiation burn, to 10% or
18    more of the person's body as a whole;
19        (2) a person sustains a burn to the upper respiratory
20    tract or occurring laryngeal edema due to the inhalation
21    of superheated air;
22        (3) a person sustains any burn injury likely to result
23    in death; or
24        (4) a person sustains any other burn injury not

 

 

HB5496- 113 -LRB102 25260 LNS 34533 b

1    excluded by subsection (c).
2    (b) The oral report shall consist of notification by
3telephone to the Office of the State Fire Marshal using a
4toll-free number established by the Office of the State Fire
5Marshal for this purpose.
6    (c) A hospital's administrator, manager, superintendent,
7or his or her designee deciding to report under this Act shall
8not report any of the following burn injuries:
9        (1) a burn injury of an emergency medical responder,
10    as defined in Section 3.50 of the Emergency Medical
11    Services (EMS) Systems Act, sustained in the line of duty;
12        (2) a burn injury caused by lighting;
13        (3) a burn injury caused by a motor vehicle crash
14    accident; or
15        (4) a burn injury caused by an identifiable industrial
16    accident or work-related accident.
17(Source: P.A. 98-973, eff. 8-15-14.)
 
18    Section 85. The Illinois Public Health and Safety Animal
19Population Control Act is amended by changing Section 5 as
20follows:
 
21    (510 ILCS 92/5)
22    Sec. 5. Findings. The General Assembly finds the
23following:
24        (1) Controlling the dog and cat population would have

 

 

HB5496- 114 -LRB102 25260 LNS 34533 b

1    a significant benefit to the public health and safety by
2    aiding in the prevention of dog attacks, reducing the
3    number of dog and cat bite cases involving children, and
4    decreasing the number of automobile crashes accidents
5    caused by stray dogs and cats.
6        (2) Increasing the number of rabies-vaccinated, owned
7    pets in low-income areas will reduce potential threats to
8    public health and safety from rabies.
9        (3) Controlling the dog and cat population will save
10    taxpayer dollars by reducing the number of dogs and cats
11    handled by county and municipal animal control agencies.
12    Targeted low-cost spay or neuter programs for dogs and
13    cats in select Illinois counties and other states have
14    proven to save taxpayers money.
15        (4) This Act is established to provide a variety of
16    means by which population control and rabies vaccinations
17    may be financed.
18(Source: P.A. 94-639, eff. 8-22-05.)
 
19    Section 90. The Illinois Highway Code is amended by
20changing Section 1-102 as follows:
 
21    (605 ILCS 5/1-102)  (from Ch. 121, par. 1-102)
22    Sec. 1-102. It is the intent and declared policy of the
23legislature that an integrated system of highways and streets
24is essential to the general welfare and to the agricultural,

 

 

HB5496- 115 -LRB102 25260 LNS 34533 b

1industrial, recreational, and social development of the State.
2In view of the rapid growth of the State's economy and
3increased use of public highways, the provision of safe and
4efficient highway transportation is a matter of public
5concern. It is the declared and continuous policy of the
6legislature to provide for improvement of highways and the
7highway transportation system as well as the preservation of
8investment in highways. To that end it is intended to provide
9for integrated and systematic planning and orderly development
10in accordance with actual needs. It is further declared that
11the provision of such a system with efficient management,
12operation, and control, and the elimination of congestion,
13crash accident reduction, and safety is an urgent problem and
14proper objective of highway legislation. It is further
15declared that highway transportation system development
16requires the cooperation of State, county, township, and
17municipal highway agencies and coordination of their
18activities on a continuous and partnership basis and the
19legislature intends such cooperative relationships to
20accomplish this purpose.
21    It is also the intent and declared policy of the
22legislature that no public moneys derived from fees, excises
23or license taxes relating to registration, operation and use
24of vehicles on public highways or to fuels used for the
25propulsion of such vehicles, shall be appropriated or expended
26other than for costs of administering the laws imposing such

 

 

HB5496- 116 -LRB102 25260 LNS 34533 b

1fees, excises and license taxes, statutory refunds and
2adjustments allowed thereunder, highway administrative costs,
3payment of debts and liabilities incurred in construction and
4reconstruction of public highways and bridges, acquisition of
5rights-of-way for, and the cost of construction,
6reconstruction, maintenance, repair and operation of public
7highways and bridges under the direction and supervision of
8the State, political subdivision or municipality collecting
9such moneys, and the costs for patrolling and policing the
10public highways (by State, political subdivision or
11municipality collecting such money) for enforcement of traffic
12laws. The separation of grades of such highways with railroads
13and costs associated with protection of at-grade highway and
14railroad crossings shall also be permissible.
15(Source: P.A. 81-2nd S.S.-3.)
 
16    Section 95. The Toll Highway Act is amended by changing
17Section 19.1 as follows:
 
18    (605 ILCS 10/19.1)
19    Sec. 19.1. Confidentiality of personally identifiable
20information obtained through electronic toll collection
21system.
22    (a) For purposes of this Section:
23    "Electronic toll collection system" is a system where a
24transponder, camera-based vehicle identification system, or

 

 

HB5496- 117 -LRB102 25260 LNS 34533 b

1other electronic medium is used to deduct payment of a toll
2from a subscriber's account or to establish an obligation to
3pay a toll.
4    "Electronic toll collection system user" means any natural
5person who subscribes to an electronic toll collection system
6or any natural person who uses a tolled transportation
7facility that employs the Authority's electronic toll
8collection system.
9    "Personally identifiable information" means any
10information that identifies or describes an electronic toll
11collection system user, including but not limited to travel
12pattern data, address, telephone number, e-mail address,
13license plate number, photograph, bank account information, or
14credit card number.
15    (b) Except as otherwise provided in this Section, the
16Authority may not sell or otherwise provide to any person or
17entity personally identifiable information of any electronic
18toll collection system user that the Authority obtains through
19the operation of its electronic toll collection system.
20    (c) The Authority may, within practical business and cost
21constraints, store personally identifiable information of an
22electronic toll collection system user only if the information
23is required to perform account functions such as billing,
24account settlement, or toll violation enforcement activities.
25    (d) By no later than December 31, 2011, the Authority
26shall establish a privacy policy regarding the collection and

 

 

HB5496- 118 -LRB102 25260 LNS 34533 b

1use of personally identifiable information. Upon its adoption,
2the policy shall be posted on the Authority's website and a
3copy shall be included with each transponder transmitted to a
4user. The policy shall include but need not be limited to the
5following:
6        (1) A description of the types of personally
7    identifiable information collected by the Authority.
8        (2) The categories of third-party persons or entities
9    with whom the Authority may share personally identifiable
10    information and for what purposes that information is
11    shared.
12        (3) The process by which the Authority notifies
13    electronic toll collection system users of material
14    changes to its privacy policy.
15        (4) The process by which an electronic toll collection
16    system user may review and request changes to any of his or
17    her personally identifiable information.
18        (5) The effective date of the privacy policy.
19    (e) This Section does not prohibit the Authority from:
20        (1) providing aggregated traveler information derived
21    from collective data relating to a group or category of
22    electronic toll collection system users from which
23    personally identifiable information has been removed;
24        (2) sharing data with another transportation agency or
25    third-party vendor to comply with interoperability
26    specifications and standards regarding electronic toll

 

 

HB5496- 119 -LRB102 25260 LNS 34533 b

1    collection devices and technologies, provided that the
2    other transportation agency or third-party vendor may not
3    use personally identifiable information obtained under
4    this Section for a purpose other than described in this
5    Section;
6        (3) performing financial, legal and accounting
7    functions such as billing, account settlement, toll
8    violation enforcement, or other activities required to
9    operate and manage its toll collection system;
10        (4) communicating about products and services offered
11    by itself, a business partner, or another public agency;
12        (5) using personally identifiable information in
13    research projects, provided that appropriate
14    confidentiality restrictions are employed to protect
15    against the unauthorized release of such information;
16        (6) releasing personally identifiable information in
17    response to a warrant, subpoena or lawful order from a
18    court of competent jurisdiction;
19        (7) releasing personally identifiable information to
20    law enforcement agencies in the case of an emergency when
21    obtaining a warrant or subpoena would be impractical; and
22        (8) releasing personally identifiable information to
23    the Authority's Inspector General or, at the Inspector
24    General's direction, to law enforcement agencies under
25    paragraphs (5) and (6) of subsection (f) of Section 8.5 of
26    this Act.

 

 

HB5496- 120 -LRB102 25260 LNS 34533 b

1    (f) In any agreement allowing another public entity to use
2the Authority's toll collection system in a transportation
3facility, the Authority shall require the other public entity
4to comply with the requirements of this Section.
5    (g) Personally identifiable information generated through
6the Authority's toll collection process that reveals the date,
7time, location or direction of travel by an electronic toll
8collection system user shall be exempt from release under the
9Illinois Freedom of Information Act. The exemption in this
10subsection shall not apply to information that concerns (i)
11the public duties of public employees and officials; (ii)
12whether an electronic toll collection system user has paid
13tolls; (iii) whether the Authority is enforcing toll violation
14penalties against electronic toll collection users who do not
15pay tolls; (iv) crashes accidents or other incidents that
16occur on highways under the jurisdiction of the Authority; or
17(v) the obligation, receipt, and use of the funds of the
18Authority. The exemption in this subsection (g) shall not be a
19limitation or restriction on other Freedom of Information Act
20exemptions applicable to personally identifiable information
21or private information.
22(Source: P.A. 97-342, eff. 8-12-11.)
 
23    Section 100. The Roadside Memorial Act is amended by
24changing Section 23.1 as follows:
 

 

 

HB5496- 121 -LRB102 25260 LNS 34533 b

1    (605 ILCS 125/23.1)
2    Sec. 23.1. Fatal crash accident memorial marker program.
3    (a) The fatal crash accident memorial marker program is
4intended to raise public awareness of traffic fatalities
5caused by reckless driving or other means by emphasizing the
6dangers while affording families an opportunity to remember
7the victims of traffic crashes.
8    (b) As used in this Section, "fatal crash accident
9memorial marker" means a marker on a highway in this State
10commemorating one or more persons who died as a proximate
11result of a crash caused by a driver who committed an act of
12reckless homicide in violation of Section 9-3 or 9-3.2 of the
13Criminal Code of 1961 or the Criminal Code of 2012 or who
14otherwise caused the death of one or more persons through the
15operation of a motor vehicle.
16    (c) For purposes of the fatal crash accident memorial
17marker program in this Section, the provisions of Section 15
18of this Act applicable to DUI memorial markers shall apply the
19same to fatal crash accident memorial markers.
20    (d) A fatal crash accident memorial marker shall consist
21of a white on blue panel bearing the message "Reckless Driving
22Costs Lives" if the victim or victims died as a proximate
23result of a crash caused by a driver who committed an act of
24reckless homicide in violation of Section 9-3 or 9-3.2 of the
25Criminal Code of 1961 or the Criminal Code of 2012. Otherwise,
26a fatal crash accident memorial marker shall consist of a

 

 

HB5496- 122 -LRB102 25260 LNS 34533 b

1white on blue panel bearing the message "Drive With Care". At
2the request of the qualified relative, a separate panel
3bearing the words "In Memory of (victim's name)", followed by
4the date of the crash that was the proximate cause of the loss
5of the victim's life, shall be mounted below the primary
6panel.
7    (e) A fatal crash accident memorial marker may memorialize
8more than one victim who died as a result of the same crash. If
9one or more additional deaths subsequently occur in close
10proximity to an existing fatal crash accident memorial marker,
11the supporting jurisdiction may use the same marker to
12memorialize the subsequent death or deaths, by adding the
13names of the additional persons.
14    (f) A fatal crash accident memorial marker shall be
15maintained for at least 2 years from the date the last person
16was memorialized on the marker.
17    (g) The supporting jurisdiction has the right to install a
18marker at a location other than the location of the crash or to
19relocate a marker due to restricted room, property owner
20complaints, interference with essential traffic control
21devices, safety concerns, or other restrictions. In these
22cases, the sponsoring jurisdiction may select an alternate
23location.
24    (h) The Department shall secure the consent of any
25municipality before placing a fatal crash accident memorial
26marker within the corporate limits of the municipality.

 

 

HB5496- 123 -LRB102 25260 LNS 34533 b

1    (i) A fee in an amount to be determined by the supporting
2jurisdiction shall be charged to the qualified relative. The
3fee shall not exceed the costs associated with the
4fabrication, installation, and maintenance of the fatal crash
5accident memorial marker.
6    (j) The provisions of this Section shall apply to any
7fatal crash accident marker constructed on or after January 1,
82013.
9(Source: P.A. 102-60, eff. 7-9-21.)
 
10    Section 105. The Illinois Vehicle Code is amended by
11changing Sections 1-146.5, 1-159.2, 1-164.5, 1-187.001,
121-197.6, 2-118.1, 2-123, 4-203, 5-101, 5-101.1, 5-102,
135-102.8, 6-101, 6-106.1, 6-106.1a, 6-106.2, 6-106.3, 6-106.4,
146-107, 6-107.5, 6-108.1, 6-113, 6-117, 6-117.2, 6-201, 6-205,
156-206, 6-208.1, 6-303, 6-402, 6-420, 6-500, 6-500.2, 6-514,
166-516, 6-703, 6-1002, 6-1004, 6-1009, 7-201, 7-201.1, 7-201.2,
177-202, 7-203, 7-204, 7-208, 7-209, 7-211, 7-212, 7-214, 7-216,
187-303, 7-309, 7-310, 7-311, 7-316, 7-317, 7-328, 7-329, 7-502,
197-504, 7-604, 9-105, 10-201, 11-208.6, 11-208.9, 11-401,
2011-402, 11-403, 11-404, 11-407, 11-408, 11-409, 11-411,
2111-412, 11-413, 11-414, 11-415, 11-416, 11-417, 11-501,
2211-501.1, 11-501.2, 11-501.4-1, 11-501.6, 11-501.7, 11-501.8,
2311-506, 11-610, 11-1431, 12-215, 12-604.1, 12-610.1, 12-610.2,
2412-707.01, 13-109, 13-111, 15-301, 16-108, 18a-301, 18b-105,
2518b-108, 18c-6502, 18c-7402, and 20-202 and the headings of

 

 

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1Article II of Chapter 7 and Article IV of Chapter 11 and by
2adding Section 20-205 as follows:
 
3    (625 ILCS 5/1-146.5)
4    Sec. 1-146.5. Motor vehicle crash accident data. Any
5information generated from a motor vehicle crash accident
6report or supplemental report, but shall not include a copy of
7the motor vehicle crash accident report or supplemental
8report, personally identifying information as defined in
9Section 1-159.2 of this Code, or any other information
10disclosure of which is prohibited by law.
11(Source: P.A. 100-96, eff. 1-1-18.)
 
12    (625 ILCS 5/1-159.2)
13    Sec. 1-159.2. Personally identifying information.
14Information that identifies an individual, including his or
15her driver's license number, name, address (but not the 5
16digit zip code), date of birth, height, weight, hair color,
17eye color, email address, and telephone number, but
18"personally identifying information" does not include
19information on vehicular crashes accidents, driving
20violations, and driver's status.
21(Source: P.A. 101-326, eff. 8-9-19.)
 
22    (625 ILCS 5/1-164.5)
23    Sec. 1-164.5. Proof of financial responsibility. Proof of

 

 

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1ability to respond in damages for any liability thereafter
2incurred resulting from the ownership, maintenance, use or
3operation of a motor vehicle for bodily injury to or death of
4any person in the amount of $25,000, and subject to this limit
5for any one person injured or killed, in the amount of $50,000
6for bodily injury to or death of 2 or more persons in any one
7crash accident, and for damage to property in the amount of
8$20,000 resulting from any one crash accident. This proof in
9these amounts shall be furnished for each motor vehicle
10registered by every person required to furnish this proof. The
11changes to this Section made by this amendatory Act of the 98th
12General Assembly apply only to policies issued or renewed on
13or after January 1, 2015.
14(Source: P.A. 98-519, eff. 1-1-15.)
 
15    (625 ILCS 5/1-187.001)
16    Sec. 1-187.001. Serious traffic violation.
17    (a) A conviction when operating a motor vehicle for:
18        (1) a violation of subsection (a) of Section 11-402,
19    relating to a motor vehicle crash accident involving
20    damage to a vehicle;
21        (2) a violation of Section 11-403, relating to failure
22    to stop and exchange information after a motor vehicle
23    collision, property damage only;
24        (3) a violation of subsection (a) of Section 11-502,
25    relating to illegal transportation, possession, or

 

 

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1    carrying of alcoholic liquor within the passenger area of
2    any vehicle;
3        (4) a violation of Section 6-101 relating to operating
4    a motor vehicle without a valid license or permit;
5        (5) a violation of Section 11-403, relating to failure
6    to stop and exchange information or give aid after a motor
7    vehicle collision involving personal injury or death;
8        (6) a violation relating to excessive speeding,
9    involving a single speeding charge of 26 miles per hour or
10    more above the legal speed limit;
11        (7) a violation relating to reckless driving;
12        (8) a violation of subsection (d) of Section 11-707,
13    relating to passing in a no-passing zone;
14        (9) a violation of subsection (b) of Section 11-1402,
15    relating to limitations on backing upon a controlled
16    access highway;
17        (10) a violation of subsection (b) of Section 11-707,
18    relating to driving on the left side of a roadway in a
19    no-passing zone;
20        (11) a violation of subsection (e) of Section 11-1002,
21    relating to failure to yield the right-of-way to a
22    pedestrian at an intersection;
23        (12) a violation of Section 11-1008, relating to
24    failure to yield to a pedestrian on a sidewalk; or
25        (13) a violation of Section 11-1201, relating to
26    failure to stop for an approaching railroad train or

 

 

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1    railroad track equipment or signals; or
2    (b) Any other similar violation of a law or local
3ordinance of any state relating to motor vehicle traffic
4control, other than a parking violation.
5    (c) A violation of any of these defined serious traffic
6offenses shall not preclude the defendant from being eligible
7to receive an order of court supervision under Section 5-6-1
8of the Unified Code of Corrections.
9(Source: P.A. 98-511, eff. 1-1-14.)
 
10    (625 ILCS 5/1-197.6)
11    Sec. 1-197.6. Statutory summary revocation of driving
12privileges. The revocation by the Secretary of State of a
13person's license or privilege to operate a motor vehicle on
14the public highways for the period provided in Section
156-208.1. Reinstatement after the revocation period shall occur
16after the person has been approved for reinstatement through
17an administrative hearing with the Secretary of State, has
18filed proof of financial responsibility, has paid the
19reinstatement fee as provided in Section 6-118, and has
20successfully completed all necessary examinations. The basis
21for this revocation of driving privileges shall be the
22individual's refusal to submit to or failure to complete a
23chemical test or tests following an arrest for the offense of
24driving under the influence of alcohol, other drugs, or
25intoxicating compounds, or any combination thereof involving a

 

 

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1motor vehicle crash accident that caused personal injury or
2death to another, as provided in Section 11-501.1 of this
3Code.
4(Source: P.A. 96-1344, eff. 7-1-11.)
 
5    (625 ILCS 5/2-118.1)  (from Ch. 95 1/2, par. 2-118.1)
6    Sec. 2-118.1. Opportunity for hearing; statutory summary
7alcohol or other drug related suspension or revocation
8pursuant to Section 11-501.1.
9    (a) A statutory summary suspension or revocation of
10driving privileges under Section 11-501.1 shall not become
11effective until the person is notified in writing of the
12impending suspension or revocation and informed that he may
13request a hearing in the circuit court of venue under
14paragraph (b) of this Section and the statutory summary
15suspension or revocation shall become effective as provided in
16Section 11-501.1.
17    (b) Within 90 days after the notice of statutory summary
18suspension or revocation served under Section 11-501.1, the
19person may make a written request for a judicial hearing in the
20circuit court of venue. The request to the circuit court shall
21state the grounds upon which the person seeks to have the
22statutory summary suspension or revocation rescinded. Within
2330 days after receipt of the written request or the first
24appearance date on the Uniform Traffic Ticket issued pursuant
25to a violation of Section 11-501, or a similar provision of a

 

 

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1local ordinance, the hearing shall be conducted by the circuit
2court having jurisdiction. This judicial hearing, request, or
3process shall not stay or delay the statutory summary
4suspension or revocation. The hearings shall proceed in the
5court in the same manner as in other civil proceedings.
6    The hearing may be conducted upon a review of the law
7enforcement officer's own official reports; provided however,
8that the person may subpoena the officer. Failure of the
9officer to answer the subpoena shall be considered grounds for
10a continuance if in the court's discretion the continuance is
11appropriate.
12    The scope of the hearing shall be limited to the issues of:
13        1. Whether the person was placed under arrest for an
14    offense as defined in Section 11-501, or a similar
15    provision of a local ordinance, as evidenced by the
16    issuance of a Uniform Traffic Ticket, or issued a Uniform
17    Traffic Ticket out of state as provided in subsection (a)
18    of Section 11-501.1; and
19        2. Whether the officer had reasonable grounds to
20    believe that the person was driving or in actual physical
21    control of a motor vehicle upon a highway while under the
22    influence of alcohol, other drug, or combination of both;
23    and
24        3. Whether the person, after being advised by the
25    officer that the privilege to operate a motor vehicle
26    would be suspended or revoked if the person refused to

 

 

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1    submit to and complete the test or tests, did refuse to
2    submit to or complete the test or tests to determine the
3    person's blood alcohol or drug concentration; or
4        4. Whether the person, after being advised by the
5    officer that the privilege to operate a motor vehicle
6    would be suspended if the person submits to a chemical
7    test, or tests, and the test discloses an alcohol
8    concentration of 0.08 or more, a tetrahydrocannabinol
9    concentration as defined in paragraph 6 of subsection (a)
10    of Section 11-501.2 of this Code, or any amount of a drug,
11    substance, or compound in the person's blood, other bodily
12    substance, or urine resulting from the unlawful use or
13    consumption of a controlled substance listed in the
14    Illinois Controlled Substances Act, an intoxicating
15    compound as listed in the Use of Intoxicating Compounds
16    Act, or methamphetamine as listed in the Methamphetamine
17    Control and Community Protection Act, and the person did
18    submit to and complete the test or tests that determined
19    an alcohol concentration of 0.08 or more.
20        4.2. (Blank).
21        4.5. (Blank).
22        5. If the person's driving privileges were revoked,
23    whether the person was involved in a motor vehicle crash
24    accident that caused Type A injury or death to another.
25    Upon the conclusion of the judicial hearing, the circuit
26court shall sustain or rescind the statutory summary

 

 

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1suspension or revocation and immediately notify the Secretary
2of State. Reports received by the Secretary of State under
3this Section shall be privileged information and for use only
4by the courts, police officers, and Secretary of State.
5(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15;
699-697, eff. 7-29-16.)
 
7    (625 ILCS 5/2-123)  (from Ch. 95 1/2, par. 2-123)
8    Sec. 2-123. Sale and distribution of information.
9    (a) Except as otherwise provided in this Section, the
10Secretary may make the driver's license, vehicle and title
11registration lists, in part or in whole, and any statistical
12information derived from these lists available to local
13governments, elected state officials, state educational
14institutions, and all other governmental units of the State
15and Federal Government requesting them for governmental
16purposes. The Secretary shall require any such applicant for
17services to pay for the costs of furnishing such services and
18the use of the equipment involved, and in addition is
19empowered to establish prices and charges for the services so
20furnished and for the use of the electronic equipment
21utilized.
22    (b) The Secretary is further empowered to and he may, in
23his discretion, furnish to any applicant, other than listed in
24subsection (a) of this Section, vehicle or driver data on a
25computer tape, disk, other electronic format or computer

 

 

HB5496- 132 -LRB102 25260 LNS 34533 b

1processable medium, or printout at a fixed fee of $250 for
2orders received before October 1, 2003 and $500 for orders
3received on or after October 1, 2003, in advance, and require
4in addition a further sufficient deposit based upon the
5Secretary of State's estimate of the total cost of the
6information requested and a charge of $25 for orders received
7before October 1, 2003 and $50 for orders received on or after
8October 1, 2003, per 1,000 units or part thereof identified or
9the actual cost, whichever is greater. The Secretary is
10authorized to refund any difference between the additional
11deposit and the actual cost of the request. This service shall
12not be in lieu of an abstract of a driver's record nor of a
13title or registration search. This service may be limited to
14entities purchasing a minimum number of records as required by
15administrative rule. The information sold pursuant to this
16subsection shall be the entire vehicle or driver data list, or
17part thereof. The information sold pursuant to this subsection
18shall not contain personally identifying information unless
19the information is to be used for one of the purposes
20identified in subsection (f-5) of this Section. Commercial
21purchasers of driver and vehicle record databases shall enter
22into a written agreement with the Secretary of State that
23includes disclosure of the commercial use of the information
24to be purchased.
25    (b-1) The Secretary is further empowered to and may, in
26his or her discretion, furnish vehicle or driver data on a

 

 

HB5496- 133 -LRB102 25260 LNS 34533 b

1computer tape, disk, or other electronic format or computer
2processible medium, at no fee, to any State or local
3governmental agency that uses the information provided by the
4Secretary to transmit data back to the Secretary that enables
5the Secretary to maintain accurate driving records, including
6dispositions of traffic cases. This information may be
7provided without fee not more often than once every 6 months.
8    (c) Secretary of State may issue registration lists. The
9Secretary of State may compile a list of all registered
10vehicles. Each list of registered vehicles shall be arranged
11serially according to the registration numbers assigned to
12registered vehicles and may contain in addition the names and
13addresses of registered owners and a brief description of each
14vehicle including the serial or other identifying number
15thereof. Such compilation may be in such form as in the
16discretion of the Secretary of State may seem best for the
17purposes intended.
18    (d) The Secretary of State shall furnish no more than 2
19current available lists of such registrations to the sheriffs
20of all counties and to the chiefs of police of all cities and
21villages and towns of 2,000 population and over in this State
22at no cost. Additional copies may be purchased by the sheriffs
23or chiefs of police at the fee of $500 each or at the cost of
24producing the list as determined by the Secretary of State.
25Such lists are to be used for governmental purposes only.
26    (e) (Blank).

 

 

HB5496- 134 -LRB102 25260 LNS 34533 b

1    (e-1) (Blank).
2    (f) The Secretary of State shall make a title or
3registration search of the records of his office and a written
4report on the same for any person, upon written application of
5such person, accompanied by a fee of $5 for each registration
6or title search. The written application shall set forth the
7intended use of the requested information. No fee shall be
8charged for a title or registration search, or for the
9certification thereof requested by a government agency. The
10report of the title or registration search shall not contain
11personally identifying information unless the request for a
12search was made for one of the purposes identified in
13subsection (f-5) of this Section. The report of the title or
14registration search shall not contain highly restricted
15personal information unless specifically authorized by this
16Code.
17    The Secretary of State shall certify a title or
18registration record upon written request. The fee for
19certification shall be $5 in addition to the fee required for a
20title or registration search. Certification shall be made
21under the signature of the Secretary of State and shall be
22authenticated by Seal of the Secretary of State.
23    The Secretary of State may notify the vehicle owner or
24registrant of the request for purchase of his title or
25registration information as the Secretary deems appropriate.
26    No information shall be released to the requester until

 

 

HB5496- 135 -LRB102 25260 LNS 34533 b

1expiration of a 10-day period. This 10-day period shall not
2apply to requests for information made by law enforcement
3officials, government agencies, financial institutions,
4attorneys, insurers, employers, automobile associated
5businesses, persons licensed as a private detective or firms
6licensed as a private detective agency under the Private
7Detective, Private Alarm, Private Security, Fingerprint
8Vendor, and Locksmith Act of 2004, who are employed by or are
9acting on behalf of law enforcement officials, government
10agencies, financial institutions, attorneys, insurers,
11employers, automobile associated businesses, and other
12business entities for purposes consistent with the Illinois
13Vehicle Code, the vehicle owner or registrant or other
14entities as the Secretary may exempt by rule and regulation.
15    Any misrepresentation made by a requester of title or
16vehicle information shall be punishable as a petty offense,
17except in the case of persons licensed as a private detective
18or firms licensed as a private detective agency which shall be
19subject to disciplinary sanctions under Section 40-10 of the
20Private Detective, Private Alarm, Private Security,
21Fingerprint Vendor, and Locksmith Act of 2004.
22    (f-5) The Secretary of State shall not disclose or
23otherwise make available to any person or entity any
24personally identifying information obtained by the Secretary
25of State in connection with a driver's license, vehicle, or
26title registration record unless the information is disclosed

 

 

HB5496- 136 -LRB102 25260 LNS 34533 b

1for one of the following purposes:
2        (1) For use by any government agency, including any
3    court or law enforcement agency, in carrying out its
4    functions, or any private person or entity acting on
5    behalf of a federal, State, or local agency in carrying
6    out its functions.
7        (2) For use in connection with matters of motor
8    vehicle or driver safety and theft; motor vehicle
9    emissions; motor vehicle product alterations, recalls, or
10    advisories; performance monitoring of motor vehicles,
11    motor vehicle parts, and dealers; and removal of non-owner
12    records from the original owner records of motor vehicle
13    manufacturers.
14        (3) For use in the normal course of business by a
15    legitimate business or its agents, employees, or
16    contractors, but only:
17            (A) to verify the accuracy of personal information
18        submitted by an individual to the business or its
19        agents, employees, or contractors; and
20            (B) if such information as so submitted is not
21        correct or is no longer correct, to obtain the correct
22        information, but only for the purposes of preventing
23        fraud by, pursuing legal remedies against, or
24        recovering on a debt or security interest against, the
25        individual.
26        (4) For use in research activities and for use in

 

 

HB5496- 137 -LRB102 25260 LNS 34533 b

1    producing statistical reports, if the personally
2    identifying information is not published, redisclosed, or
3    used to contact individuals.
4        (5) For use in connection with any civil, criminal,
5    administrative, or arbitral proceeding in any federal,
6    State, or local court or agency or before any
7    self-regulatory body, including the service of process,
8    investigation in anticipation of litigation, and the
9    execution or enforcement of judgments and orders, or
10    pursuant to an order of a federal, State, or local court.
11        (6) For use by any insurer or insurance support
12    organization or by a self-insured entity or its agents,
13    employees, or contractors in connection with claims
14    investigation activities, antifraud activities, rating, or
15    underwriting.
16        (7) For use in providing notice to the owners of towed
17    or impounded vehicles.
18        (8) For use by any person licensed as a private
19    detective or firm licensed as a private detective agency
20    under the Private Detective, Private Alarm, Private
21    Security, Fingerprint Vendor, and Locksmith Act of 2004,
22    private investigative agency or security service licensed
23    in Illinois for any purpose permitted under this
24    subsection.
25        (9) For use by an employer or its agent or insurer to
26    obtain or verify information relating to a holder of a

 

 

HB5496- 138 -LRB102 25260 LNS 34533 b

1    commercial driver's license that is required under chapter
2    313 of title 49 of the United States Code.
3        (10) For use in connection with the operation of
4    private toll transportation facilities.
5        (11) For use by any requester, if the requester
6    demonstrates it has obtained the written consent of the
7    individual to whom the information pertains.
8        (12) For use by members of the news media, as defined
9    in Section 1-148.5, for the purpose of newsgathering when
10    the request relates to the operation of a motor vehicle or
11    public safety.
12        (13) For any other use specifically authorized by law,
13    if that use is related to the operation of a motor vehicle
14    or public safety.
15    (f-6) The Secretary of State shall not disclose or
16otherwise make available to any person or entity any highly
17restricted personal information obtained by the Secretary of
18State in connection with a driver's license, vehicle, or title
19registration record unless specifically authorized by this
20Code.
21    (g) 1. The Secretary of State may, upon receipt of a
22written request and a fee as set forth in Section 6-118,
23furnish to the person or agency so requesting a driver's
24record or data contained therein. Such document may include a
25record of: current driver's license issuance information,
26except that the information on judicial driving permits shall

 

 

HB5496- 139 -LRB102 25260 LNS 34533 b

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

 

 

HB5496- 140 -LRB102 25260 LNS 34533 b

1    3. All requests for driving record information shall be
2made in a manner prescribed by the Secretary and shall set
3forth the intended use of the requested information.
4    The Secretary of State may notify the affected driver of
5the request for purchase of his driver's record as the
6Secretary deems appropriate.
7    No information shall be released to the requester until
8expiration of a 10-day period. This 10-day period shall not
9apply to requests for information made by law enforcement
10officials, government agencies, financial institutions,
11attorneys, insurers, employers, automobile associated
12businesses, persons licensed as a private detective or firms
13licensed as a private detective agency under the Private
14Detective, Private Alarm, Private Security, Fingerprint
15Vendor, and Locksmith Act of 2004, who are employed by or are
16acting on behalf of law enforcement officials, government
17agencies, financial institutions, attorneys, insurers,
18employers, automobile associated businesses, and other
19business entities for purposes consistent with the Illinois
20Vehicle Code, the affected driver or other entities as the
21Secretary may exempt by rule and regulation.
22    Any misrepresentation made by a requester of driver
23information shall be punishable as a petty offense, except in
24the case of persons licensed as a private detective or firms
25licensed as a private detective agency which shall be subject
26to disciplinary sanctions under Section 40-10 of the Private

 

 

HB5496- 141 -LRB102 25260 LNS 34533 b

1Detective, Private Alarm, Private Security, Fingerprint
2Vendor, and Locksmith Act of 2004.
3    4. The Secretary of State may furnish without fee, upon
4the written request of a law enforcement agency, any
5information from a driver's record on file with the Secretary
6of State when such information is required in the enforcement
7of this Code or any other law relating to the operation of
8motor vehicles, including records of dispositions; documented
9information involving the use of a motor vehicle; whether such
10individual has, or previously had, a driver's license; and the
11address and personal description as reflected on said driver's
12record.
13    5. Except as otherwise provided in this Section, the
14Secretary of State may furnish, without fee, information from
15an individual driver's record on file, if a written request
16therefor is submitted by any public transit system or
17authority, public defender, law enforcement agency, a state or
18federal agency, or an Illinois local intergovernmental
19association, if the request is for the purpose of a background
20check of applicants for employment with the requesting agency,
21or for the purpose of an official investigation conducted by
22the agency, or to determine a current address for the driver so
23public funds can be recovered or paid to the driver, or for any
24other purpose set forth in subsection (f-5) of this Section.
25    The Secretary may also furnish the courts a copy of an
26abstract of a driver's record, without fee, subsequent to an

 

 

HB5496- 142 -LRB102 25260 LNS 34533 b

1arrest for a violation of Section 11-501 or a similar
2provision of a local ordinance. Such abstract may include
3records of dispositions; documented information involving the
4use of a motor vehicle as contained in the current file;
5whether such individual has, or previously had, a driver's
6license; and the address and personal description as reflected
7on said driver's record.
8    6. Any certified abstract issued by the Secretary of State
9or transmitted electronically by the Secretary of State
10pursuant to this Section, to a court or on request of a law
11enforcement agency, for the record of a named person as to the
12status of the person's driver's license shall be prima facie
13evidence of the facts therein stated and if the name appearing
14in such abstract is the same as that of a person named in an
15information or warrant, such abstract shall be prima facie
16evidence that the person named in such information or warrant
17is the same person as the person named in such abstract and
18shall be admissible for any prosecution under this Code and be
19admitted as proof of any prior conviction or proof of records,
20notices, or orders recorded on individual driving records
21maintained by the Secretary of State.
22    7. Subject to any restrictions contained in the Juvenile
23Court Act of 1987, and upon receipt of a proper request and a
24fee as set forth in Section 6-118, the Secretary of State shall
25provide a driver's record or data contained therein to the
26affected driver, or the affected driver's attorney, upon

 

 

HB5496- 143 -LRB102 25260 LNS 34533 b

1verification. Such record shall contain all the information
2referred to in paragraph 1 of this subsection (g) plus: any
3recorded crash accident involvement as a driver; information
4recorded pursuant to subsection (e) of Section 6-117 and
5paragraph (4) of subsection (a) of Section 6-204 of this Code.
6All other information, unless otherwise permitted by this
7Code, shall remain confidential.
8    (h) The Secretary shall not disclose social security
9numbers or any associated information obtained from the Social
10Security Administration except pursuant to a written request
11by, or with the prior written consent of, the individual
12except: (1) to officers and employees of the Secretary who
13have a need to know the social security numbers in performance
14of their official duties, (2) to law enforcement officials for
15a civil or criminal law enforcement investigation, and if an
16officer of the law enforcement agency has made a written
17request to the Secretary specifying the law enforcement
18investigation for which the social security numbers are being
19sought, though the Secretary retains the right to require
20additional verification regarding the validity of the request,
21(3) to the United States Department of Transportation, or any
22other State, pursuant to the administration and enforcement of
23the Commercial Motor Vehicle Safety Act of 1986 or
24participation in State-to-State verification service, (4)
25pursuant to the order of a court of competent jurisdiction,
26(5) to the Department of Healthcare and Family Services

 

 

HB5496- 144 -LRB102 25260 LNS 34533 b

1(formerly Department of Public Aid) for utilization in the
2child support enforcement duties assigned to that Department
3under provisions of the Illinois Public Aid Code after the
4individual has received advanced meaningful notification of
5what redisclosure is sought by the Secretary in accordance
6with the federal Privacy Act, (5.5) to the Department of
7Healthcare and Family Services and the Department of Human
8Services solely for the purpose of verifying Illinois
9residency where such residency is an eligibility requirement
10for benefits under the Illinois Public Aid Code or any other
11health benefit program administered by the Department of
12Healthcare and Family Services or the Department of Human
13Services, (6) to the Illinois Department of Revenue solely for
14use by the Department in the collection of any tax or debt that
15the Department of Revenue is authorized or required by law to
16collect, provided that the Department shall not disclose the
17social security number to any person or entity outside of the
18Department, (7) to the Illinois Department of Veterans'
19Affairs for the purpose of confirming veteran status, or (8)
20the last 4 digits to the Illinois State Board of Elections for
21purposes of voter registration and as may be required pursuant
22to an agreement for a multi-state voter registration list
23maintenance system. If social security information is
24disclosed by the Secretary in accordance with this Section, no
25liability shall rest with the Office of the Secretary of State
26or any of its officers or employees, as the information is

 

 

HB5496- 145 -LRB102 25260 LNS 34533 b

1released for official purposes only.
2    (i) (Blank).
3    (j) Medical statements or medical reports received in the
4Secretary of State's Office shall be confidential. Except as
5provided in this Section, no confidential information may be
6open to public inspection or the contents disclosed to anyone,
7except officers and employees of the Secretary who have a need
8to know the information contained in the medical reports and
9the Driver License Medical Advisory Board, unless so directed
10by an order of a court of competent jurisdiction. If the
11Secretary receives a medical report regarding a driver that
12does not address a medical condition contained in a previous
13medical report, the Secretary may disclose the unaddressed
14medical condition to the driver or his or her physician, or
15both, solely for the purpose of submission of a medical report
16that addresses the condition.
17    (k) Disbursement of fees collected under this Section
18shall be as follows: (1) of the $12 fee for a driver's record,
19$3 shall be paid into the Secretary of State Special Services
20Fund, and $6 shall be paid into the General Revenue Fund; (2)
2150% of the amounts collected under subsection (b) shall be
22paid into the General Revenue Fund; and (3) all remaining fees
23shall be disbursed under subsection (g) of Section 2-119 of
24this Code.
25    (l) (Blank).
26    (m) Notations of crash accident involvement that may be

 

 

HB5496- 146 -LRB102 25260 LNS 34533 b

1disclosed under this Section shall not include notations
2relating to damage to a vehicle or other property being
3transported by a tow truck. This information shall remain
4confidential, provided that nothing in this subsection (m)
5shall limit disclosure of any notification of crash accident
6involvement to any law enforcement agency or official.
7    (n) Requests made by the news media for driver's license,
8vehicle, or title registration information may be furnished
9without charge or at a reduced charge, as determined by the
10Secretary, when the specific purpose for requesting the
11documents is deemed to be in the public interest. Waiver or
12reduction of the fee is in the public interest if the principal
13purpose of the request is to access and disseminate
14information regarding the health, safety, and welfare or the
15legal rights of the general public and is not for the principal
16purpose of gaining a personal or commercial benefit. The
17information provided pursuant to this subsection shall not
18contain personally identifying information unless the
19information is to be used for one of the purposes identified in
20subsection (f-5) of this Section.
21    (o) The redisclosure of personally identifying information
22obtained pursuant to this Section is prohibited, except to the
23extent necessary to effectuate the purpose for which the
24original disclosure of the information was permitted.
25    (p) The Secretary of State is empowered to adopt rules to
26effectuate this Section.

 

 

HB5496- 147 -LRB102 25260 LNS 34533 b

1(Source: P.A. 100-590, eff. 6-8-18; 101-81, eff. 7-12-19;
2101-326, eff. 8-9-19.)
 
3    (625 ILCS 5/4-203)  (from Ch. 95 1/2, par. 4-203)
4    Sec. 4-203. Removal of motor vehicles or other vehicles;
5towing or hauling away.
6    (a) When a vehicle is abandoned, or left unattended, on a
7toll highway, interstate highway, or expressway for 2 hours or
8more, its removal by a towing service may be authorized by a
9law enforcement agency having jurisdiction.
10    (b) When a vehicle is abandoned on a highway in an urban
11district 10 hours or more, its removal by a towing service may
12be authorized by a law enforcement agency having jurisdiction.
13    (c) When a vehicle is abandoned or left unattended on a
14highway other than a toll highway, interstate highway, or
15expressway, outside of an urban district for 24 hours or more,
16its removal by a towing service may be authorized by a law
17enforcement agency having jurisdiction.
18    (d) When an abandoned, unattended, wrecked, burned or
19partially dismantled vehicle is creating a traffic hazard
20because of its position in relation to the highway or its
21physical appearance is causing the impeding of traffic, its
22immediate removal from the highway or private property
23adjacent to the highway by a towing service may be authorized
24by a law enforcement agency having jurisdiction.
25    (e) Whenever a peace officer reasonably believes that a

 

 

HB5496- 148 -LRB102 25260 LNS 34533 b

1person under arrest for a violation of Section 11-501 of this
2Code or a similar provision of a local ordinance is likely,
3upon release, to commit a subsequent violation of Section
411-501, or a similar provision of a local ordinance, the
5arresting officer shall have the vehicle which the person was
6operating at the time of the arrest impounded for a period of
712 hours after the time of arrest. However, such vehicle may be
8released by the arresting law enforcement agency prior to the
9end of the impoundment period if:
10        (1) the vehicle was not owned by the person under
11    arrest, and the lawful owner requesting such release
12    possesses a valid operator's license, proof of ownership,
13    and would not, as determined by the arresting law
14    enforcement agency, indicate a lack of ability to operate
15    a motor vehicle in a safe manner, or who would otherwise,
16    by operating such motor vehicle, be in violation of this
17    Code; or
18        (2) the vehicle is owned by the person under arrest,
19    and the person under arrest gives permission to another
20    person to operate such vehicle, provided however, that the
21    other person possesses a valid operator's license and
22    would not, as determined by the arresting law enforcement
23    agency, indicate a lack of ability to operate a motor
24    vehicle in a safe manner or who would otherwise, by
25    operating such motor vehicle, be in violation of this
26    Code.

 

 

HB5496- 149 -LRB102 25260 LNS 34533 b

1    (e-5) Whenever a registered owner of a vehicle is taken
2into custody for operating the vehicle in violation of Section
311-501 of this Code or a similar provision of a local ordinance
4or Section 6-303 of this Code, a law enforcement officer may
5have the vehicle immediately impounded for a period not less
6than:
7        (1) 24 hours for a second violation of Section 11-501
8    of this Code or a similar provision of a local ordinance or
9    Section 6-303 of this Code or a combination of these
10    offenses; or
11        (2) 48 hours for a third violation of Section 11-501
12    of this Code or a similar provision of a local ordinance or
13    Section 6-303 of this Code or a combination of these
14    offenses.
15    The vehicle may be released sooner if the vehicle is owned
16by the person under arrest and the person under arrest gives
17permission to another person to operate the vehicle and that
18other person possesses a valid operator's license and would
19not, as determined by the arresting law enforcement agency,
20indicate a lack of ability to operate a motor vehicle in a safe
21manner or would otherwise, by operating the motor vehicle, be
22in violation of this Code.
23    (f) Except as provided in Chapter 18a of this Code, the
24owner or lessor of privately owned real property within this
25State, or any person authorized by such owner or lessor, or any
26law enforcement agency in the case of publicly owned real

 

 

HB5496- 150 -LRB102 25260 LNS 34533 b

1property may cause any motor vehicle abandoned or left
2unattended upon such property without permission to be removed
3by a towing service without liability for the costs of
4removal, transportation or storage or damage caused by such
5removal, transportation or storage. The towing or removal of
6any vehicle from private property without the consent of the
7registered owner or other legally authorized person in control
8of the vehicle is subject to compliance with the following
9conditions and restrictions:
10        1. Any towed or removed vehicle must be stored at the
11    site of the towing service's place of business. The site
12    must be open during business hours, and for the purpose of
13    redemption of vehicles, during the time that the person or
14    firm towing such vehicle is open for towing purposes.
15        2. The towing service shall within 30 minutes of
16    completion of such towing or removal, notify the law
17    enforcement agency having jurisdiction of such towing or
18    removal, and the make, model, color and license plate
19    number of the vehicle, and shall obtain and record the
20    name of the person at the law enforcement agency to whom
21    such information was reported.
22        3. If the registered owner or legally authorized
23    person entitled to possession of the vehicle shall arrive
24    at the scene prior to actual removal or towing of the
25    vehicle, the vehicle shall be disconnected from the tow
26    truck and that person shall be allowed to remove the

 

 

HB5496- 151 -LRB102 25260 LNS 34533 b

1    vehicle without interference, upon the payment of a
2    reasonable service fee of not more than one half the
3    posted rate of the towing service as provided in paragraph
4    6 of this subsection, for which a receipt shall be given.
5        4. The rebate or payment of money or any other
6    valuable consideration from the towing service or its
7    owners, managers or employees to the owners or operators
8    of the premises from which the vehicles are towed or
9    removed, for the privilege of removing or towing those
10    vehicles, is prohibited. Any individual who violates this
11    paragraph shall be guilty of a Class A misdemeanor.
12        5. Except for property appurtenant to and obviously a
13    part of a single family residence, and except for
14    instances where notice is personally given to the owner or
15    other legally authorized person in control of the vehicle
16    that the area in which that vehicle is parked is reserved
17    or otherwise unavailable to unauthorized vehicles and they
18    are subject to being removed at the owner or operator's
19    expense, any property owner or lessor, prior to towing or
20    removing any vehicle from private property without the
21    consent of the owner or other legally authorized person in
22    control of that vehicle, must post a notice meeting the
23    following requirements:
24            a. Except as otherwise provided in subparagraph
25        a.1 of this subdivision (f)5, the notice must be
26        prominently placed at each driveway access or curb cut

 

 

HB5496- 152 -LRB102 25260 LNS 34533 b

1        allowing vehicular access to the property within 5
2        feet from the public right-of-way line. If there are
3        no curbs or access barriers, the sign must be posted
4        not less than one sign each 100 feet of lot frontage.
5            a.1. In a municipality with a population of less
6        than 250,000, as an alternative to the requirement of
7        subparagraph a of this subdivision (f)5, the notice
8        for a parking lot contained within property used
9        solely for a 2-family, 3-family, or 4-family residence
10        may be prominently placed at the perimeter of the
11        parking lot, in a position where the notice is visible
12        to the occupants of vehicles entering the lot.
13            b. The notice must indicate clearly, in not less
14        than 2 inch high light-reflective letters on a
15        contrasting background, that unauthorized vehicles
16        will be towed away at the owner's expense.
17            c. The notice must also provide the name and
18        current telephone number of the towing service towing
19        or removing the vehicle.
20            d. The sign structure containing the required
21        notices must be permanently installed with the bottom
22        of the sign not less than 4 feet above ground level,
23        and must be continuously maintained on the property
24        for not less than 24 hours prior to the towing or
25        removing of any vehicle.
26        6. Any towing service that tows or removes vehicles

 

 

HB5496- 153 -LRB102 25260 LNS 34533 b

1    and proposes to require the owner, operator, or person in
2    control of the vehicle to pay the costs of towing and
3    storage prior to redemption of the vehicle must file and
4    keep on record with the local law enforcement agency a
5    complete copy of the current rates to be charged for such
6    services, and post at the storage site an identical rate
7    schedule and any written contracts with property owners,
8    lessors, or persons in control of property which authorize
9    them to remove vehicles as provided in this Section. The
10    towing and storage charges, however, shall not exceed the
11    maximum allowed by the Illinois Commerce Commission under
12    Section 18a-200.
13        7. No person shall engage in the removal of vehicles
14    from private property as described in this Section without
15    filing a notice of intent in each community where he
16    intends to do such removal, and such notice shall be filed
17    at least 7 days before commencing such towing.
18        8. No removal of a vehicle from private property shall
19    be done except upon express written instructions of the
20    owners or persons in charge of the private property upon
21    which the vehicle is said to be trespassing.
22        9. Vehicle entry for the purpose of removal shall be
23    allowed with reasonable care on the part of the person or
24    firm towing the vehicle. Such person or firm shall be
25    liable for any damages occasioned to the vehicle if such
26    entry is not in accordance with the standards of

 

 

HB5496- 154 -LRB102 25260 LNS 34533 b

1    reasonable care.
2        9.5. Except as authorized by a law enforcement
3    officer, no towing service shall engage in the removal of
4    a commercial motor vehicle that requires a commercial
5    driver's license to operate by operating the vehicle under
6    its own power on a highway.
7        10. When a vehicle has been towed or removed pursuant
8    to this Section, it must be released to its owner,
9    custodian, agent, or lienholder within one half hour after
10    requested, if such request is made during business hours.
11    Any vehicle owner, custodian, agent, or lienholder shall
12    have the right to inspect the vehicle before accepting its
13    return, and no release or waiver of any kind which would
14    release the towing service from liability for damages
15    incurred during the towing and storage may be required
16    from any vehicle owner or other legally authorized person
17    as a condition of release of the vehicle. A detailed,
18    signed receipt showing the legal name of the towing
19    service must be given to the person paying towing or
20    storage charges at the time of payment, whether requested
21    or not.
22        This Section shall not apply to law enforcement,
23    firefighting, rescue, ambulance, or other emergency
24    vehicles which are marked as such or to property owned by
25    any governmental entity.
26        When an authorized person improperly causes a motor

 

 

HB5496- 155 -LRB102 25260 LNS 34533 b

1    vehicle to be removed, such person shall be liable to the
2    owner or lessee of the vehicle for the cost or removal,
3    transportation and storage, any damages resulting from the
4    removal, transportation and storage, attorney's fee and
5    court costs.
6        Any towing or storage charges accrued shall be payable
7    in cash or by cashier's check, certified check, debit
8    card, credit card, or wire transfer, at the option of the
9    party taking possession of the vehicle.
10        11. Towing companies shall also provide insurance
11    coverage for areas where vehicles towed under the
12    provisions of this Chapter will be impounded or otherwise
13    stored, and shall adequately cover loss by fire, theft or
14    other risks.
15    Any person who fails to comply with the conditions and
16restrictions of this subsection shall be guilty of a Class C
17misdemeanor and shall be fined not less than $100 nor more than
18$500.
19    (g)(1) When a vehicle is determined to be a hazardous
20dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
21Illinois Municipal Code or Section 5-12002.1 of the Counties
22Code, its removal and impoundment by a towing service may be
23authorized by a law enforcement agency with appropriate
24jurisdiction.
25    (2) When a vehicle removal from either public or private
26property is authorized by a law enforcement agency, the owner

 

 

HB5496- 156 -LRB102 25260 LNS 34533 b

1of the vehicle shall be responsible for all towing and storage
2charges.
3    (3) Vehicles removed from public or private property and
4stored by a commercial vehicle relocator or any other towing
5service authorized by a law enforcement agency in compliance
6with this Section and Sections 4-201 and 4-202 of this Code, or
7at the request of the vehicle owner or operator, shall be
8subject to a possessor lien for services pursuant to the Labor
9and Storage Lien (Small Amount) Act. The provisions of Section
101 of that Act relating to notice and implied consent shall be
11deemed satisfied by compliance with Section 18a-302 and
12subsection (6) of Section 18a-300. In no event shall such lien
13be greater than the rate or rates established in accordance
14with subsection (6) of Section 18a-200 of this Code. In no
15event shall such lien be increased or altered to reflect any
16charge for services or materials rendered in addition to those
17authorized by this Code. Every such lien shall be payable in
18cash or by cashier's check, certified check, debit card,
19credit card, or wire transfer, at the option of the party
20taking possession of the vehicle.
21    (4) Any personal property belonging to the vehicle owner
22in a vehicle subject to a lien under this subsection (g) shall
23likewise be subject to that lien, excepting only: child
24restraint systems as defined in Section 4 of the Child
25Passenger Protection Act and other child booster seats;
26eyeglasses; food; medicine; perishable property; any

 

 

HB5496- 157 -LRB102 25260 LNS 34533 b

1operator's licenses; any cash, credit cards, or checks or
2checkbooks; any wallet, purse, or other property containing
3any operator's license or other identifying documents or
4materials, cash, credit cards, checks, or checkbooks; and any
5personal property belonging to a person other than the vehicle
6owner if that person provides adequate proof that the personal
7property belongs to that person. The spouse, child, mother,
8father, brother, or sister of the vehicle owner may claim
9personal property excepted under this paragraph (4) if the
10person claiming the personal property provides the commercial
11vehicle relocator or towing service with the authorization of
12the vehicle owner.
13    (5) This paragraph (5) applies only in the case of a
14vehicle that is towed as a result of being involved in a crash
15an accident. In addition to the personal property excepted
16under paragraph (4), all other personal property in a vehicle
17subject to a lien under this subsection (g) is exempt from that
18lien and may be claimed by the vehicle owner if the vehicle
19owner provides the commercial vehicle relocator or towing
20service with proof that the vehicle owner has an insurance
21policy covering towing and storage fees. The spouse, child,
22mother, father, brother, or sister of the vehicle owner may
23claim personal property in a vehicle subject to a lien under
24this subsection (g) if the person claiming the personal
25property provides the commercial vehicle relocator or towing
26service with the authorization of the vehicle owner and proof

 

 

HB5496- 158 -LRB102 25260 LNS 34533 b

1that the vehicle owner has an insurance policy covering towing
2and storage fees. The regulation of liens on personal property
3and exceptions to those liens in the case of vehicles towed as
4a result of being involved in a crash an accident are exclusive
5powers and functions of the State. A home rule unit may not
6regulate liens on personal property and exceptions to those
7liens in the case of vehicles towed as a result of being
8involved in a crash an accident. This paragraph (5) is a denial
9and limitation of home rule powers and functions under
10subsection (h) of Section 6 of Article VII of the Illinois
11Constitution.
12    (6) No lien under this subsection (g) shall: exceed $2,000
13in its total amount; or be increased or altered to reflect any
14charge for services or materials rendered in addition to those
15authorized by this Code.
16    (h) Whenever a peace officer issues a citation to a driver
17for a violation of subsection (a) of Section 11-506 of this
18Code, the arresting officer may have the vehicle which the
19person was operating at the time of the arrest impounded for a
20period of 5 days after the time of arrest. An impounding agency
21shall release a motor vehicle impounded under this subsection
22(h) to the registered owner of the vehicle under any of the
23following circumstances:
24        (1) If the vehicle is a stolen vehicle; or
25        (2) If the person ticketed for a violation of
26    subsection (a) of Section 11-506 of this Code was not

 

 

HB5496- 159 -LRB102 25260 LNS 34533 b

1    authorized by the registered owner of the vehicle to
2    operate the vehicle at the time of the violation; or
3        (3) If the registered owner of the vehicle was neither
4    the driver nor a passenger in the vehicle at the time of
5    the violation or was unaware that the driver was using the
6    vehicle to engage in street racing; or
7        (4) If the legal owner or registered owner of the
8    vehicle is a rental car agency; or
9        (5) If, prior to the expiration of the impoundment
10    period specified above, the citation is dismissed or the
11    defendant is found not guilty of the offense.
12    (i) Except for vehicles exempted under subsection (b) of
13Section 7-601 of this Code, whenever a law enforcement officer
14issues a citation to a driver for a violation of Section 3-707
15of this Code, and the driver has a prior conviction for a
16violation of Section 3-707 of this Code in the past 12 months,
17the arresting officer shall authorize the removal and
18impoundment of the vehicle by a towing service.
19(Source: P.A. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17;
20100-537, eff. 6-1-18; 100-863, eff. 8-14-18.)
 
21    (625 ILCS 5/5-101)  (from Ch. 95 1/2, par. 5-101)
22    Sec. 5-101. New vehicle dealers must be licensed.
23    (a) No person shall engage in this State in the business of
24selling or dealing in, on consignment or otherwise, new
25vehicles of any make, or act as an intermediary or agent or

 

 

HB5496- 160 -LRB102 25260 LNS 34533 b

1broker for any licensed dealer or vehicle purchaser other than
2as a salesperson, or represent or advertise that he is so
3engaged or intends to so engage in such business unless
4licensed to do so in writing by the Secretary of State under
5the provisions of this Section.
6    (b) An application for a new vehicle dealer's license
7shall be filed with the Secretary of State, duly verified by
8oath, on such form as the Secretary of State may by rule or
9regulation prescribe and shall contain:
10        1. The name and type of business organization of the
11    applicant and his established and additional places of
12    business, if any, in this State.
13        2. If the applicant is a corporation, a list of its
14    officers, directors, and shareholders having a ten percent
15    or greater ownership interest in the corporation, setting
16    forth the residence address of each; if the applicant is a
17    sole proprietorship, a partnership, an unincorporated
18    association, a trust, or any similar form of business
19    organization, the name and residence address of the
20    proprietor or of each partner, member, officer, director,
21    trustee, or manager.
22        3. The make or makes of new vehicles which the
23    applicant will offer for sale at retail in this State.
24        4. The name of each manufacturer or franchised
25    distributor, if any, of new vehicles with whom the
26    applicant has contracted for the sale of such new

 

 

HB5496- 161 -LRB102 25260 LNS 34533 b

1    vehicles. As evidence of this fact, the application shall
2    be accompanied by a signed statement from each such
3    manufacturer or franchised distributor. If the applicant
4    is in the business of offering for sale new conversion
5    vehicles, trucks or vans, except for trucks modified to
6    serve a special purpose which includes but is not limited
7    to the following vehicles: street sweepers, fertilizer
8    spreaders, emergency vehicles, implements of husbandry or
9    maintenance type vehicles, he must furnish evidence of a
10    sales and service agreement from both the chassis
11    manufacturer and second stage manufacturer.
12        5. A statement that the applicant has been approved
13    for registration under the Retailers' Occupation Tax Act
14    by the Department of Revenue: Provided that this
15    requirement does not apply to a dealer who is already
16    licensed hereunder with the Secretary of State, and who is
17    merely applying for a renewal of his license. As evidence
18    of this fact, the application shall be accompanied by a
19    certification from the Department of Revenue showing that
20    that Department has approved the applicant for
21    registration under the Retailers' Occupation Tax Act.
22        6. A statement that the applicant has complied with
23    the appropriate liability insurance requirement. A
24    Certificate of Insurance in a solvent company authorized
25    to do business in the State of Illinois shall be included
26    with each application covering each location at which he

 

 

HB5496- 162 -LRB102 25260 LNS 34533 b

1    proposes to act as a new vehicle dealer. The policy must
2    provide liability coverage in the minimum amounts of
3    $100,000 for bodily injury to, or death of, any person,
4    $300,000 for bodily injury to, or death of, two or more
5    persons in any one crash accident, and $50,000 for damage
6    to property. Such policy shall expire not sooner than
7    December 31 of the year for which the license was issued or
8    renewed. The expiration of the insurance policy shall not
9    terminate the liability under the policy arising during
10    the period for which the policy was filed. Trailer and
11    mobile home dealers are exempt from this requirement.
12        If the permitted user has a liability insurance policy
13    that provides automobile liability insurance coverage of
14    at least $100,000 for bodily injury to or the death of any
15    person, $300,000 for bodily injury to or the death of any 2
16    or more persons in any one crash accident, and $50,000 for
17    damage to property, then the permitted user's insurer
18    shall be the primary insurer and the dealer's insurer
19    shall be the secondary insurer. If the permitted user does
20    not have a liability insurance policy that provides
21    automobile liability insurance coverage of at least
22    $100,000 for bodily injury to or the death of any person,
23    $300,000 for bodily injury to or the death of any 2 or more
24    persons in any one crash accident, and $50,000 for damage
25    to property, or does not have any insurance at all, then
26    the dealer's insurer shall be the primary insurer and the

 

 

HB5496- 163 -LRB102 25260 LNS 34533 b

1    permitted user's insurer shall be the secondary insurer.
2        When a permitted user is "test driving" a new vehicle
3    dealer's automobile, the new vehicle dealer's insurance
4    shall be primary and the permitted user's insurance shall
5    be secondary.
6        As used in this paragraph 6, a "permitted user" is a
7    person who, with the permission of the new vehicle dealer
8    or an employee of the new vehicle dealer, drives a vehicle
9    owned and held for sale or lease by the new vehicle dealer
10    which the person is considering to purchase or lease, in
11    order to evaluate the performance, reliability, or
12    condition of the vehicle. The term "permitted user" also
13    includes a person who, with the permission of the new
14    vehicle dealer, drives a vehicle owned or held for sale or
15    lease by the new vehicle dealer for loaner purposes while
16    the user's vehicle is being repaired or evaluated.
17        As used in this paragraph 6, "test driving" occurs
18    when a permitted user who, with the permission of the new
19    vehicle dealer or an employee of the new vehicle dealer,
20    drives a vehicle owned and held for sale or lease by a new
21    vehicle dealer that the person is considering to purchase
22    or lease, in order to evaluate the performance,
23    reliability, or condition of the vehicle.
24        As used in this paragraph 6, "loaner purposes" means
25    when a person who, with the permission of the new vehicle
26    dealer, drives a vehicle owned or held for sale or lease by

 

 

HB5496- 164 -LRB102 25260 LNS 34533 b

1    the new vehicle dealer while the user's vehicle is being
2    repaired or evaluated.
3        7. (A) An application for a new motor vehicle dealer's
4    license shall be accompanied by the following license
5    fees:
6            (i) $1,000 for applicant's established place of
7        business, and $100 for each additional place of
8        business, if any, to which the application pertains;
9        but if the application is made after June 15 of any
10        year, the license fee shall be $500 for applicant's
11        established place of business plus $50 for each
12        additional place of business, if any, to which the
13        application pertains. License fees shall be returnable
14        only in the event that the application is denied by the
15        Secretary of State. All moneys received by the
16        Secretary of State as license fees under this
17        subparagraph (i) prior to applications for the 2004
18        licensing year shall be deposited into the Motor
19        Vehicle Review Board Fund and shall be used to
20        administer the Motor Vehicle Review Board under the
21        Motor Vehicle Franchise Act. Of the money received by
22        the Secretary of State as license fees under this
23        subparagraph (i) for the 2004 licensing year and
24        thereafter, 10% shall be deposited into the Motor
25        Vehicle Review Board Fund and shall be used to
26        administer the Motor Vehicle Review Board under the

 

 

HB5496- 165 -LRB102 25260 LNS 34533 b

1        Motor Vehicle Franchise Act and 90% shall be deposited
2        into the General Revenue Fund.
3            (ii) Except for dealers selling 25 or fewer
4        automobiles or as provided in subsection (h) of
5        Section 5-102.7 of this Code, an Annual Dealer
6        Recovery Fund Fee in the amount of $500 for the
7        applicant's established place of business, and $50 for
8        each additional place of business, if any, to which
9        the application pertains; but if the application is
10        made after June 15 of any year, the fee shall be $250
11        for the applicant's established place of business plus
12        $25 for each additional place of business, if any, to
13        which the application pertains. For a license renewal
14        application, the fee shall be based on the amount of
15        automobiles sold in the past year according to the
16        following formula:
17                (1) $0 for dealers selling 25 or less
18            automobiles;
19                (2) $150 for dealers selling more than 25 but
20            less than 200 automobiles;
21                (3) $300 for dealers selling 200 or more
22            automobiles but less than 300 automobiles; and
23                (4) $500 for dealers selling 300 or more
24            automobiles.
25            License fees shall be returnable only in the event
26        that the application is denied by the Secretary of

 

 

HB5496- 166 -LRB102 25260 LNS 34533 b

1        State. Moneys received under this subparagraph (ii)
2        shall be deposited into the Dealer Recovery Trust
3        Fund.
4        (B) An application for a new vehicle dealer's license,
5    other than for a new motor vehicle dealer's license, shall
6    be accompanied by the following license fees:
7            (i) $1,000 for applicant's established place of
8        business, and $50 for each additional place of
9        business, if any, to which the application pertains;
10        but if the application is made after June 15 of any
11        year, the license fee shall be $500 for applicant's
12        established place of business plus $25 for each
13        additional place of business, if any, to which the
14        application pertains. License fees shall be returnable
15        only in the event that the application is denied by the
16        Secretary of State. Of the money received by the
17        Secretary of State as license fees under this
18        subparagraph (i) for the 2004 licensing year and
19        thereafter, 95% shall be deposited into the General
20        Revenue Fund.
21            (ii) Except as provided in subsection (h) of
22        Section 5-102.7 of this Code, an Annual Dealer
23        Recovery Fund Fee in the amount of $500 for the
24        applicant's established place of business, and $50 for
25        each additional place of business, if any, to which
26        the application pertains; but if the application is

 

 

HB5496- 167 -LRB102 25260 LNS 34533 b

1        made after June 15 of any year, the fee shall be $250
2        for the applicant's established place of business plus
3        $25 for each additional place of business, if any, to
4        which the application pertains. License fees shall be
5        returnable only in the event that the application is
6        denied by the Secretary of State. Moneys received
7        under this subparagraph (ii) shall be deposited into
8        the Dealer Recovery Trust Fund.
9        8. A statement that the applicant's officers,
10    directors, shareholders having a 10% or greater ownership
11    interest therein, proprietor, a partner, member, officer,
12    director, trustee, manager or other principals in the
13    business have not committed in the past 3 years any one
14    violation as determined in any civil, criminal or
15    administrative proceedings of any one of the following
16    Acts:
17            (A) The Anti-Theft Laws of the Illinois Vehicle
18        Code;
19            (B) The Certificate of Title Laws of the Illinois
20        Vehicle Code;
21            (C) The Offenses against Registration and
22        Certificates of Title Laws of the Illinois Vehicle
23        Code;
24            (D) The Dealers, Transporters, Wreckers and
25        Rebuilders Laws of the Illinois Vehicle Code;
26            (E) Section 21-2 of the Criminal Code of 1961 or

 

 

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1        the Criminal Code of 2012, Criminal Trespass to
2        Vehicles; or
3            (F) The Retailers' Occupation Tax Act.
4        9. A statement that the applicant's officers,
5    directors, shareholders having a 10% or greater ownership
6    interest therein, proprietor, partner, member, officer,
7    director, trustee, manager or other principals in the
8    business have not committed in any calendar year 3 or more
9    violations, as determined in any civil, criminal or
10    administrative proceedings, of any one or more of the
11    following Acts:
12            (A) The Consumer Finance Act;
13            (B) The Consumer Installment Loan Act;
14            (C) The Retail Installment Sales Act;
15            (D) The Motor Vehicle Retail Installment Sales
16        Act;
17            (E) The Interest Act;
18            (F) The Illinois Wage Assignment Act;
19            (G) Part 8 of Article XII of the Code of Civil
20        Procedure; or
21            (H) The Consumer Fraud Act.
22        9.5. A statement that, within 10 years of application,
23    each officer, director, shareholder having a 10% or
24    greater ownership interest therein, proprietor, partner,
25    member, officer, director, trustee, manager, or other
26    principal in the business of the applicant has not

 

 

HB5496- 169 -LRB102 25260 LNS 34533 b

1    committed, as determined in any civil, criminal, or
2    administrative proceeding, in any calendar year one or
3    more forcible felonies under the Criminal Code of 1961 or
4    the Criminal Code of 2012, or a violation of either or both
5    Article 16 or 17 of the Criminal Code of 1961 or a
6    violation of either or both Article 16 or 17 of the
7    Criminal Code of 2012, Article 29B of the Criminal Code of
8    1961 or the Criminal Code of 2012, or a similar
9    out-of-state offense. For the purposes of this paragraph,
10    "forcible felony" has the meaning provided in Section 2-8
11    of the Criminal Code of 2012.
12        10. A bond or certificate of deposit in the amount of
13    $50,000 for each location at which the applicant intends
14    to act as a new vehicle dealer. The bond shall be for the
15    term of the license, or its renewal, for which application
16    is made, and shall expire not sooner than December 31 of
17    the year for which the license was issued or renewed. The
18    bond shall run to the People of the State of Illinois, with
19    surety by a bonding or insurance company authorized to do
20    business in this State. It shall be conditioned upon the
21    proper transmittal of all title and registration fees and
22    taxes (excluding taxes under the Retailers' Occupation Tax
23    Act) accepted by the applicant as a new vehicle dealer.
24        11. Such other information concerning the business of
25    the applicant as the Secretary of State may by rule or
26    regulation prescribe.

 

 

HB5496- 170 -LRB102 25260 LNS 34533 b

1        12. A statement that the applicant understands Chapter
2    1 through Chapter 5 of this Code.
3        13. The full name, address, and contact information of
4    each of the dealer's agents or legal representatives who
5    is an Illinois resident and liable for the performance of
6    the dealership.
7    (c) Any change which renders no longer accurate any
8information contained in any application for a new vehicle
9dealer's license shall be amended within 30 days after the
10occurrence of such change on such form as the Secretary of
11State may prescribe by rule or regulation, accompanied by an
12amendatory fee of $2.
13    (d) Anything in this Chapter 5 to the contrary
14notwithstanding no person shall be licensed as a new vehicle
15dealer unless:
16        1. He is authorized by contract in writing between
17    himself and the manufacturer or franchised distributor of
18    such make of vehicle to so sell the same in this State, and
19        2. Such person shall maintain an established place of
20    business as defined in this Act.
21    (e) The Secretary of State shall, within a reasonable time
22after receipt, examine an application submitted to him under
23this Section and unless he makes a determination that the
24application submitted to him does not conform with the
25requirements of this Section or that grounds exist for a
26denial of the application, under Section 5-501 of this

 

 

HB5496- 171 -LRB102 25260 LNS 34533 b

1Chapter, grant the applicant an original new vehicle dealer's
2license in writing for his established place of business and a
3supplemental license in writing for each additional place of
4business in such form as he may prescribe by rule or regulation
5which shall include the following:
6        1. The name of the person licensed;
7        2. If a corporation, the name and address of its
8    officers or if a sole proprietorship, a partnership, an
9    unincorporated association or any similar form of business
10    organization, the name and address of the proprietor or of
11    each partner, member, officer, director, trustee or
12    manager;
13        3. In the case of an original license, the established
14    place of business of the licensee;
15        4. In the case of a supplemental license, the
16    established place of business of the licensee and the
17    additional place of business to which such supplemental
18    license pertains;
19        5. The make or makes of new vehicles which the
20    licensee is licensed to sell;
21        6. The full name, address, and contact information of
22    each of the dealer's agents or legal representatives who
23    is an Illinois resident and liable for the performance of
24    the dealership.
25    (f) The appropriate instrument evidencing the license or a
26certified copy thereof, provided by the Secretary of State,

 

 

HB5496- 172 -LRB102 25260 LNS 34533 b

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

 

 

HB5496- 173 -LRB102 25260 LNS 34533 b

1    origin;
2        3. A bill of sale properly executed on behalf of such
3    person;
4        4. A copy of the Uniform Invoice-transaction reporting
5    return referred to in Section 5-402 hereof;
6        5. In the case of a rebuilt vehicle, a copy of the
7    Disclosure of Rebuilt Vehicle Status; and
8        6. In the case of a vehicle for which the warranty has
9    been reinstated, a copy of the warranty.
10    (j) Except at the time of sale or repossession of the
11vehicle, no person licensed as a new vehicle dealer may issue
12any other person a newly created key to a vehicle unless the
13new vehicle dealer makes a color photocopy or electronic scan
14of the driver's license or State identification card of the
15person requesting or obtaining the newly created key. The new
16vehicle dealer must retain the photocopy or scan for 30 days.
17    A new vehicle dealer who violates this subsection (j) is
18guilty of a petty offense. Violation of this subsection (j) is
19not cause to suspend, revoke, cancel, or deny renewal of the
20new vehicle dealer's license.
21    This amendatory Act of 1983 shall be applicable to the
221984 registration year and thereafter.
23    (k) If a licensee under this Section voluntarily
24surrenders a license to the Illinois Secretary of State Police
25or a representative of the Secretary of State Vehicle Services
26Department due to the licensee's inability to adhere to

 

 

HB5496- 174 -LRB102 25260 LNS 34533 b

1recordkeeping provisions, or the inability to properly issue
2certificates of title or registrations under this Code, or the
3Secretary revokes a license under this Section, then the
4licensee and the licensee's agent, designee, or legal
5representative, if applicable, may not be named on a new
6application for a licensee under this Section or under this
7Chapter, nor is the licensee or the licensee's agent,
8designee, or legal representative permitted to work for
9another licensee under this Chapter in a recordkeeping,
10management, or financial position or as an employee who
11handles certificate of title and registration documents and
12applications.
13(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22.)
 
14    (625 ILCS 5/5-101.1)
15    Sec. 5-101.1. Motor vehicle financing affiliates;
16licensing.
17    (a) In this State no business shall engage in the business
18of a motor vehicle financing affiliate without a license to do
19so in writing from the Secretary of State.
20    (b) An application for a motor vehicle financing
21affiliate's license must be filed with the Secretary of State,
22duly verified by oath, on a form prescribed by the Secretary of
23State and shall contain all of the following:
24        (1) The name and type of business organization of the
25    applicant and the applicant's established place of

 

 

HB5496- 175 -LRB102 25260 LNS 34533 b

1    business and any additional places of business in this
2    State.
3        (2) The name and address of the licensed new or used
4    vehicle dealer to which the applicant will be selling,
5    transferring, or assigning new or used motor vehicles
6    pursuant to a written contract. If more than one dealer is
7    on the application, the applicant shall state in writing
8    the basis of common ownership among the dealers.
9        (3) A list of the business organization's officers,
10    directors, members, and shareholders having a 10% or
11    greater ownership interest in the business, providing the
12    residential address for each person listed.
13        (4) If selling, transferring, or assigning new motor
14    vehicles, the make or makes of new vehicles that it will
15    sell, assign, or otherwise transfer to the contracting new
16    motor vehicle dealer listed on the application pursuant to
17    paragraph (2).
18        (5) The name of each manufacturer or franchised
19    distributor, if any, of new vehicles with whom the
20    applicant has contracted for the sale of new vehicles and
21    a signed statement from each manufacturer or franchised
22    distributor acknowledging the contract.
23        (6) A statement that the applicant has been approved
24    for registration under the Retailers' Occupation Tax Act
25    by the Department of Revenue. This requirement does not
26    apply to a motor vehicle financing affiliate that is

 

 

HB5496- 176 -LRB102 25260 LNS 34533 b

1    already licensed with the Secretary of State and is
2    applying for a renewal of its license.
3        (7) A statement that the applicant has complied with
4    the appropriate liability insurance requirement and a
5    Certificate of Insurance that shall not expire before
6    December 31 of the year for which the license was issued or
7    renewed with a minimum liability coverage of $100,000 for
8    the bodily injury or death of any person, $300,000 for the
9    bodily injury or death of 2 or more persons in any one
10    crash accident, and $50,000 for damage to property. The
11    expiration of the insurance policy shall not terminate the
12    liability under the policy arising during the period for
13    which the policy was filed. Trailer and mobile home
14    dealers are exempt from the requirements of this
15    paragraph. A motor vehicle financing affiliate is exempt
16    from the requirements of this paragraph if it is covered
17    by the insurance policy of the new or used dealer listed on
18    the application pursuant to paragraph (2).
19        (8) A license fee of $1,000 for the applicant's
20    established place of business and $250 for each additional
21    place of business, if any, to which the application
22    pertains. However, if the application is made after June
23    15 of any year, the license fee shall be $500 for the
24    applicant's established place of business and $125 for
25    each additional place of business, if any, to which the
26    application pertains. These license fees shall be

 

 

HB5496- 177 -LRB102 25260 LNS 34533 b

1    returnable only in the event that the application is
2    denied by the Secretary of State.
3        (9) A statement incorporating the requirements of
4    paragraphs 8 and 9 of subsection (b) of Section 5-101.
5        (10) Any other information concerning the business of
6    the applicant as the Secretary of State may prescribe.
7        (11) A statement that the applicant understands
8    Chapter 1 through Chapter 5 of this Code.
9        (12) The full name, address, and contact information
10    of each of the dealer's agents or legal representatives
11    who is an Illinois resident and liable for the performance
12    of the dealership.
13    (c) Any change which renders no longer accurate any
14information contained in any application for a motor vehicle
15financing affiliate's license shall be amended within 30 days
16after the occurrence of the change on a form prescribed by the
17Secretary of State, accompanied by an amendatory fee of $2.
18    (d) If a new vehicle dealer is not listed on the
19application, pursuant to paragraph (2) of subsection (b), the
20motor vehicle financing affiliate shall not receive, possess,
21or transfer any new vehicle. If a new motor vehicle dealer is
22listed on the application, pursuant to paragraph (2) of
23subsection (b), the new motor vehicle dealer can only receive
24those new cars it is permitted to receive under its franchise
25agreement. If both a new and used motor vehicle dealer are
26listed on the application, pursuant to paragraph (2) of

 

 

HB5496- 178 -LRB102 25260 LNS 34533 b

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

 

 

HB5496- 179 -LRB102 25260 LNS 34533 b

1    paragraph (2) of subsection (b) has a franchise agreement
2    that permits the dealer to receive motor vehicles from the
3    motor vehicle franchise affiliate.
4        (4) The new or used motor vehicle dealer listed on the
5    application pursuant to paragraph (2) of subsection (b)
6    has one established place of business or supplemental
7    places of business as referenced in subsection (g).
8    (g) The Secretary of State shall, within a reasonable time
9after receipt, examine an application submitted pursuant to
10this Section and, unless it is determined that the application
11does not conform with the requirements of this Section or that
12grounds exist for a denial of the application under Section
135-501, grant the applicant a motor vehicle financing affiliate
14license in writing for the applicant's established place of
15business and a supplemental license in writing for each
16additional place of business in a form prescribed by the
17Secretary, which shall include all of the following:
18        (1) The name of the business licensed;
19        (2) The name and address of its officers, directors,
20    or members, as applicable;
21        (3) In the case of an original license, the
22    established place of business of the licensee;
23        (4) If applicable, the make or makes of new vehicles
24    which the licensee is licensed to sell to the new motor
25    vehicle dealer listed on the application pursuant to
26    paragraph (2) of subsection (b); and

 

 

HB5496- 180 -LRB102 25260 LNS 34533 b

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

 

 

HB5496- 181 -LRB102 25260 LNS 34533 b

1shall specifically prohibit the motor vehicle financing
2affiliate from selling motor vehicles at retail. This contract
3shall not be considered the granting of a franchise as defined
4in Section 2 of the Motor Vehicle Franchise Act.
5    (l) When purchasing of a motor vehicle by a new or used
6motor vehicle dealer, all persons licensed as a motor vehicle
7financing affiliate are required to furnish all of the
8following:
9        (1) For a new vehicle, a manufacturer's statement of
10    origin properly assigned to the purchasing dealer. For a
11    used vehicle, a certificate of title properly assigned to
12    the purchasing dealer.
13        (2) A statement verified under oath that all
14    identifying numbers on the vehicle agree with those on the
15    certificate of title or manufacturer's statement of
16    origin.
17        (3) A bill of sale properly executed on behalf of the
18    purchasing dealer.
19        (4) A copy of the Uniform Invoice-transaction report
20    pursuant to Section 5-402.
21        (5) In the case of a rebuilt vehicle, a copy of the
22    Disclosure of Rebuilt Vehicle Status pursuant to Section
23    5-104.3.
24        (6) In the case of a vehicle for which a warranty has
25    been reinstated, a copy of the warranty.
26    (m) The motor vehicle financing affiliate shall use the

 

 

HB5496- 182 -LRB102 25260 LNS 34533 b

1established and supplemental place or places of business the
2new or used vehicle dealer listed on the application pursuant
3to paragraph (2) of subsection (b) as its established and
4supplemental place or places of business.
5    (n) The motor vehicle financing affiliate shall keep all
6books and records required by this Code with the books and
7records of the new or used vehicle dealer listed on the
8application pursuant to paragraph (2) of subsection (b). The
9motor vehicle financing affiliate may use the books and
10records of the new or used motor vehicle dealer listed on the
11application pursuant to paragraph (2) of subsection (b).
12    (o) Under no circumstances shall a motor vehicle financing
13affiliate sell, transfer, or assign a new vehicle to any place
14of business of a new motor vehicle dealer, unless that place of
15business is licensed under this Chapter to sell, assign, or
16otherwise transfer the make of the new motor vehicle
17transferred.
18    (p) All moneys received by the Secretary of State as
19license fees under this Section shall be deposited into the
20Motor Vehicle Review Board Fund and shall be used to
21administer the Motor Vehicle Review Board under the Motor
22Vehicle Franchise Act.
23    (q) Except as otherwise provided in this Section, a motor
24vehicle financing affiliate shall comply with all provisions
25of this Code.
26    (r) If a licensee under this Section voluntarily

 

 

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1surrenders a license to the Illinois Secretary of State Police
2or a representative of the Secretary of State Vehicle Services
3Department due to the licensee's inability to adhere to
4recordkeeping provisions, or the inability to properly issue
5certificates of title or registrations under this Code, or the
6Secretary revokes a license under this Section, then the
7licensee and the licensee's agent, designee, or legal
8representative, if applicable, may not be named on a new
9application for a licensee under this Section or under this
10Chapter, nor is the licensee or the licensee's agent,
11designee, or legal representative permitted to work for
12another licensee under this Chapter in a recordkeeping,
13management, or financial position or as an employee who
14handles certificate of title and registration documents and
15applications.
16(Source: P.A. 102-154, eff. 1-1-22.)
 
17    (625 ILCS 5/5-102)  (from Ch. 95 1/2, par. 5-102)
18    Sec. 5-102. Used vehicle dealers must be licensed.
19    (a) No person, other than a licensed new vehicle dealer,
20shall engage in the business of selling or dealing in, on
21consignment or otherwise, 5 or more used vehicles of any make
22during the year (except house trailers as authorized by
23paragraph (j) of this Section and rebuilt salvage vehicles
24sold by their rebuilders to persons licensed under this
25Chapter), or act as an intermediary, agent or broker for any

 

 

HB5496- 184 -LRB102 25260 LNS 34533 b

1licensed dealer or vehicle purchaser (other than as a
2salesperson) or represent or advertise that he is so engaged
3or intends to so engage in such business unless licensed to do
4so by the Secretary of State under the provisions of this
5Section.
6    (b) An application for a used vehicle dealer's license
7shall be filed with the Secretary of State, duly verified by
8oath, in such form as the Secretary of State may by rule or
9regulation prescribe and shall contain:
10        1. The name and type of business organization
11    established and additional places of business, if any, in
12    this State.
13        2. If the applicant is a corporation, a list of its
14    officers, directors, and shareholders having a ten percent
15    or greater ownership interest in the corporation, setting
16    forth the residence address of each; if the applicant is a
17    sole proprietorship, a partnership, an unincorporated
18    association, a trust, or any similar form of business
19    organization, the names and residence address of the
20    proprietor or of each partner, member, officer, director,
21    trustee, or manager.
22        3. A statement that the applicant has been approved
23    for registration under the Retailers' Occupation Tax Act
24    by the Department of Revenue. However, this requirement
25    does not apply to a dealer who is already licensed
26    hereunder with the Secretary of State, and who is merely

 

 

HB5496- 185 -LRB102 25260 LNS 34533 b

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

 

 

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

 

 

HB5496- 187 -LRB102 25260 LNS 34533 b

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

 

 

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1        under this subparagraph (A) for the 2004 licensing
2        year and thereafter, 95% shall be deposited into the
3        General Revenue Fund.
4            (B) Except for dealers selling 25 or fewer
5        automobiles or as provided in subsection (h) of
6        Section 5-102.7 of this Code, an Annual Dealer
7        Recovery Fund Fee in the amount of $500 for the
8        applicant's established place of business, and $50 for
9        each additional place of business, if any, to which
10        the application pertains; but if the application is
11        made after June 15 of any year, the fee shall be $250
12        for the applicant's established place of business plus
13        $25 for each additional place of business, if any, to
14        which the application pertains. For a license renewal
15        application, the fee shall be based on the amount of
16        automobiles sold in the past year according to the
17        following formula:
18                (1) $0 for dealers selling 25 or less
19            automobiles;
20                (2) $150 for dealers selling more than 25 but
21            less than 200 automobiles;
22                (3) $300 for dealers selling 200 or more
23            automobiles but less than 300 automobiles; and
24                (4) $500 for dealers selling 300 or more
25            automobiles.
26            License fees shall be returnable only in the event

 

 

HB5496- 189 -LRB102 25260 LNS 34533 b

1        that the application is denied by the Secretary of
2        State. Moneys received under this subparagraph (B)
3        shall be deposited into the Dealer Recovery Trust
4        Fund.
5        6. A statement that the applicant's officers,
6    directors, shareholders having a 10% or greater ownership
7    interest therein, proprietor, partner, member, officer,
8    director, trustee, manager, or other principals in the
9    business have not committed in the past 3 years any one
10    violation as determined in any civil, criminal, or
11    administrative proceedings of any one of the following
12    Acts:
13            (A) The Anti-Theft Laws of the Illinois Vehicle
14        Code;
15            (B) The Certificate of Title Laws of the Illinois
16        Vehicle Code;
17            (C) The Offenses against Registration and
18        Certificates of Title Laws of the Illinois Vehicle
19        Code;
20            (D) The Dealers, Transporters, Wreckers and
21        Rebuilders Laws of the Illinois Vehicle Code;
22            (E) Section 21-2 of the Illinois Criminal Code of
23        1961 or the Criminal Code of 2012, Criminal Trespass
24        to Vehicles; or
25            (F) The Retailers' Occupation Tax Act.
26        7. A statement that the applicant's officers,

 

 

HB5496- 190 -LRB102 25260 LNS 34533 b

1    directors, shareholders having a 10% or greater ownership
2    interest therein, proprietor, partner, member, officer,
3    director, trustee, manager, or other principals in the
4    business have not committed in any calendar year 3 or more
5    violations, as determined in any civil, or criminal, or
6    administrative proceedings, of any one or more of the
7    following Acts:
8            (A) The Consumer Finance Act;
9            (B) The Consumer Installment Loan Act;
10            (C) The Retail Installment Sales Act;
11            (D) The Motor Vehicle Retail Installment Sales
12        Act;
13            (E) The Interest Act;
14            (F) The Illinois Wage Assignment Act;
15            (G) Part 8 of Article XII of the Code of Civil
16        Procedure; or
17            (H) The Consumer Fraud and Deceptive Business
18        Practices Act.
19        7.5. A statement that, within 10 years of application,
20    each officer, director, shareholder having a 10% or
21    greater ownership interest therein, proprietor, partner,
22    member, officer, director, trustee, manager, or other
23    principal in the business of the applicant has not
24    committed, as determined in any civil, criminal, or
25    administrative proceeding, in any calendar year one or
26    more forcible felonies under the Criminal Code of 1961 or

 

 

HB5496- 191 -LRB102 25260 LNS 34533 b

1    the Criminal Code of 2012, or a violation of either or both
2    Article 16 or 17 of the Criminal Code of 1961 or a
3    violation of either or both Article 16 or 17 of the
4    Criminal Code of 2012, Article 29B of the Criminal Code of
5    1961 or the Criminal Code of 2012, or a similar
6    out-of-state offense. For the purposes of this paragraph,
7    "forcible felony" has the meaning provided in Section 2-8
8    of the Criminal Code of 2012.
9        8. A bond or Certificate of Deposit in the amount of
10    $50,000 for each location at which the applicant intends
11    to act as a used vehicle dealer. The bond shall be for the
12    term of the license, or its renewal, for which application
13    is made, and shall expire not sooner than December 31 of
14    the year for which the license was issued or renewed. The
15    bond shall run to the People of the State of Illinois, with
16    surety by a bonding or insurance company authorized to do
17    business in this State. It shall be conditioned upon the
18    proper transmittal of all title and registration fees and
19    taxes (excluding taxes under the Retailers' Occupation Tax
20    Act) accepted by the applicant as a used vehicle dealer.
21        9. Such other information concerning the business of
22    the applicant as the Secretary of State may by rule or
23    regulation prescribe.
24        10. A statement that the applicant understands Chapter
25    1 through Chapter 5 of this Code.
26        11. A copy of the certification from the prelicensing

 

 

HB5496- 192 -LRB102 25260 LNS 34533 b

1    education program.
2        12. The full name, address, and contact information of
3    each of the dealer's agents or legal representatives who
4    is an Illinois resident and liable for the performance of
5    the dealership.
6    (c) Any change which renders no longer accurate any
7information contained in any application for a used vehicle
8dealer's license shall be amended within 30 days after the
9occurrence of each change on such form as the Secretary of
10State may prescribe by rule or regulation, accompanied by an
11amendatory fee of $2.
12    (d) Anything in this Chapter to the contrary
13notwithstanding, no person shall be licensed as a used vehicle
14dealer unless such person maintains an established place of
15business as defined in this Chapter.
16    (e) The Secretary of State shall, within a reasonable time
17after receipt, examine an application submitted to him under
18this Section. Unless the Secretary makes a determination that
19the application submitted to him does not conform to this
20Section or that grounds exist for a denial of the application
21under Section 5-501 of this Chapter, he must grant the
22applicant an original used vehicle dealer's license in writing
23for his established place of business and a supplemental
24license in writing for each additional place of business in
25such form as he may prescribe by rule or regulation which shall
26include the following:

 

 

HB5496- 193 -LRB102 25260 LNS 34533 b

1        1. The name of the person licensed;
2        2. If a corporation, the name and address of its
3    officers or if a sole proprietorship, a partnership, an
4    unincorporated association or any similar form of business
5    organization, the name and address of the proprietor or of
6    each partner, member, officer, director, trustee, or
7    manager;
8        3. In case of an original license, the established
9    place of business of the licensee;
10        4. In the case of a supplemental license, the
11    established place of business of the licensee and the
12    additional place of business to which such supplemental
13    license pertains;
14        5. The full name, address, and contact information of
15    each of the dealer's agents or legal representatives who
16    is an Illinois resident and liable for the performance of
17    the dealership.
18    (f) The appropriate instrument evidencing the license or a
19certified copy thereof, provided by the Secretary of State
20shall be kept posted, conspicuously, in the established place
21of business of the licensee and in each additional place of
22business, if any, maintained by such licensee.
23    (g) Except as provided in subsection (h) of this Section,
24all used vehicle dealer's licenses granted under this Section
25expire by operation of law on December 31 of the calendar year
26for which they are granted unless sooner revoked or cancelled

 

 

HB5496- 194 -LRB102 25260 LNS 34533 b

1under Section 5-501 of this Chapter.
2    (h) A used vehicle dealer's license may be renewed upon
3application and payment of the fee required herein, and
4submission of proof of coverage by an approved bond under the
5"Retailers' Occupation Tax Act" or proof that applicant is not
6subject to such bonding requirements, as in the case of an
7original license, but in case an application for the renewal
8of an effective license is made during the month of December,
9the effective license shall remain in force until the
10application for renewal is granted or denied by the Secretary
11of State.
12    (i) All persons licensed as a used vehicle dealer are
13required to furnish each purchaser of a motor vehicle:
14        1. A certificate of title properly assigned to the
15    purchaser;
16        2. A statement verified under oath that all
17    identifying numbers on the vehicle agree with those on the
18    certificate of title;
19        3. A bill of sale properly executed on behalf of such
20    person;
21        4. A copy of the Uniform Invoice-transaction reporting
22    return referred to in Section 5-402 of this Chapter;
23        5. In the case of a rebuilt vehicle, a copy of the
24    Disclosure of Rebuilt Vehicle Status; and
25        6. In the case of a vehicle for which the warranty has
26    been reinstated, a copy of the warranty.

 

 

HB5496- 195 -LRB102 25260 LNS 34533 b

1    (j) A real estate broker holding a valid certificate of
2registration issued pursuant to "The Real Estate Brokers and
3Salesmen License Act" may engage in the business of selling or
4dealing in house trailers not his own without being licensed
5as a used vehicle dealer under this Section; however such
6broker shall maintain a record of the transaction including
7the following:
8        (1) the name and address of the buyer and seller,
9        (2) the date of sale,
10        (3) a description of the mobile home, including the
11    vehicle identification number, make, model, and year, and
12        (4) the Illinois certificate of title number.
13    The foregoing records shall be available for inspection by
14any officer of the Secretary of State's Office at any
15reasonable hour.
16    (k) Except at the time of sale or repossession of the
17vehicle, no person licensed as a used vehicle dealer may issue
18any other person a newly created key to a vehicle unless the
19used vehicle dealer makes a color photocopy or electronic scan
20of the driver's license or State identification card of the
21person requesting or obtaining the newly created key. The used
22vehicle dealer must retain the photocopy or scan for 30 days.
23    A used vehicle dealer who violates this subsection (k) is
24guilty of a petty offense. Violation of this subsection (k) is
25not cause to suspend, revoke, cancel, or deny renewal of the
26used vehicle dealer's license.

 

 

HB5496- 196 -LRB102 25260 LNS 34533 b

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

 

 

HB5496- 197 -LRB102 25260 LNS 34533 b

1certificates of title or registrations under this Code, or the
2Secretary revokes a license under this Section, then the
3licensee and the licensee's agent, designee, or legal
4representative, if applicable, may not be named on a new
5application for a licensee under this Section or under this
6Chapter, nor is the licensee or the licensee's agent,
7designee, or legal representative permitted to work for
8another licensee under this Chapter in a recordkeeping,
9management, or financial position or as an employee who
10handles certificate of title and registration documents and
11applications.
12(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22;
13102-538, eff. 8-20-21; revised 10-15-21.)
 
14    (625 ILCS 5/5-102.8)
15    Sec. 5-102.8. Licensure of Buy Here, Pay Here used vehicle
16dealers.
17    (a) As used in this Section, "Buy Here, Pay Here used
18vehicle dealer" means any entity that engages in the business
19of selling or leasing of vehicles and finances the sale or
20purchase price of the vehicle to a customer without the
21customer using a third-party lender.
22    (b) No person shall engage in the business of selling or
23dealing in, on consignment or otherwise, 5 or more used
24vehicles of any make during the year (except rebuilt salvage
25vehicles sold by their rebuilders to persons licensed under

 

 

HB5496- 198 -LRB102 25260 LNS 34533 b

1this Chapter), or act as an intermediary, agent, or broker for
2any licensed dealer or vehicle purchaser (other than as a
3salesperson) or represent or advertise that he or she is so
4engaged or intends to so engage in such business of a Buy Here,
5Pay Here used vehicle dealer unless licensed to do so by the
6Secretary of State under the provisions of this Section.
7    (c) An application for a Buy Here, Pay Here used vehicle
8dealer's license shall be filed with the Secretary of State,
9duly verified by oath, in such form as the Secretary of State
10may by rule or regulation prescribe and shall contain:
11        (1) The name and type of business organization
12    established and additional places of business, if any, in
13    this State.
14        (2) If the applicant is a corporation, a list of its
15    officers, directors, and shareholders having a 10% or
16    greater ownership interest in the corporation, setting
17    forth the residence address of each; if the applicant is a
18    sole proprietorship, a partnership, an unincorporated
19    association, a trust, or any similar form of business
20    organization, the names and residence address of the
21    proprietor or of each partner, member, officer, director,
22    trustee, or manager.
23        (3) A statement that the applicant has been approved
24    for registration under the Retailers' Occupation Tax Act
25    by the Department of Revenue. However, this requirement
26    does not apply to a dealer who is already licensed

 

 

HB5496- 199 -LRB102 25260 LNS 34533 b

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

 

 

HB5496- 200 -LRB102 25260 LNS 34533 b

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

 

 

HB5496- 201 -LRB102 25260 LNS 34533 b

1    sale or lease by the Buy Here, Pay Here used vehicle dealer
2    for loaner purposes while the user's vehicle is being
3    repaired or evaluated.
4        As used in this paragraph, "test driving" occurs when
5    a permitted user who, with the permission of the Buy Here,
6    Pay Here used vehicle dealer or an employee of the Buy
7    Here, Pay Here used vehicle dealer, drives a vehicle owned
8    and held for sale or lease by a Buy Here, Pay Here used
9    vehicle dealer that the person is considering to purchase
10    or lease, in order to evaluate the performance,
11    reliability, or condition of the vehicle.
12        As used in this paragraph, "loaner purposes" means
13    when a person who, with the permission of the Buy Here, Pay
14    Here used vehicle dealer, drives a vehicle owned or held
15    for sale or lease by the used vehicle dealer while the
16    user's vehicle is being repaired or evaluated.
17        (5) An application for a Buy Here, Pay Here used
18    vehicle dealer's license shall be accompanied by the
19    following license fees:
20            (A) $1,000 for the applicant's established place
21        of business, and $50 for each additional place of
22        business, if any, to which the application pertains;
23        however, if the application is made after June 15 of
24        any year, the license fee shall be $500 for the
25        applicant's established place of business plus $25 for
26        each additional place of business, if any, to which

 

 

HB5496- 202 -LRB102 25260 LNS 34533 b

1        the application pertains. License fees shall be
2        returnable only if the application is denied by the
3        Secretary of State. Of the money received by the
4        Secretary of State as license fees under this
5        subparagraph, 95% shall be deposited into the General
6        Revenue Fund.
7            (B) Except for dealers selling 25 or fewer
8        automobiles or as provided in subsection (h) of
9        Section 5-102.7 of this Code, an Annual Dealer
10        Recovery Fund Fee in the amount of $500 for the
11        applicant's established place of business, and $50 for
12        each additional place of business, if any, to which
13        the application pertains; but if the application is
14        made after June 15 of any year, the fee shall be $250
15        for the applicant's established place of business plus
16        $25 for each additional place of business, if any, to
17        which the application pertains. For a license renewal
18        application, the fee shall be based on the amount of
19        automobiles sold in the past year according to the
20        following formula:
21                (1) $0 for dealers selling 25 or less
22            automobiles;
23                (2) $150 for dealers selling more than 25 but
24            less than 200 automobiles;
25                (3) $300 for dealers selling 200 or more
26            automobiles but less than 300 automobiles; and

 

 

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1                (4) $500 for dealers selling 300 or more
2            automobiles.
3            Fees shall be returnable only if the application
4        is denied by the Secretary of State. Money received
5        under this subparagraph shall be deposited into the
6        Dealer Recovery Trust Fund. A Buy Here, Pay Here used
7        vehicle dealer shall pay into the Dealer Recovery
8        Trust Fund for every vehicle that is financed, sold,
9        or otherwise transferred to an individual or entity
10        other than the Buy Here, Pay Here used vehicle dealer
11        even if the individual or entity to which the Buy Here,
12        Pay Here used vehicle dealer transfers the vehicle is
13        unable to continue to adhere to the terms of the
14        transaction by the Buy Here, Pay Here used vehicle
15        dealer.
16        (6) A statement that each officer, director,
17    shareholder having a 10% or greater ownership interest
18    therein, proprietor, partner, member, officer, director,
19    trustee, manager, or other principal in the business of
20    the applicant has not committed in the past 3 years any one
21    violation as determined in any civil, criminal, or
22    administrative proceedings of any one of the following:
23            (A) the Anti-Theft Laws of this Code;
24            (B) the Certificate of Title Laws of this Code;
25            (C) the Offenses against Registration and
26        Certificates of Title Laws of this Code;

 

 

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

 

 

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

 

 

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1        (10) Such other information concerning the business of
2    the applicant as the Secretary of State may by rule
3    prescribe.
4        (11) A statement that the applicant understands
5    Chapter 1 through Chapter 5 of this Code.
6        (12) A copy of the certification from the prelicensing
7    education program.
8        (13) The full name, address, and contact information
9    of each of the dealer's agents or legal representatives
10    who is an Illinois resident and liable for the performance
11    of the dealership.
12    (d) Any change that renders no longer accurate any
13information contained in any application for a Buy Here, Pay
14Here used vehicle dealer's license shall be amended within 30
15days after the occurrence of each change on such form as the
16Secretary of State may prescribe by rule, accompanied by an
17amendatory fee of $2.
18    (e) Anything in this Chapter to the contrary
19notwithstanding, no person shall be licensed as a Buy Here,
20Pay Here used vehicle dealer unless the person maintains an
21established place of business as defined in this Chapter.
22    (f) The Secretary of State shall, within a reasonable time
23after receipt, examine an application submitted under this
24Section. Unless the Secretary makes a determination that the
25application does not conform to this Section or that grounds
26exist for a denial of the application under Section 5-501 of

 

 

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1this Chapter, the Secretary must grant the applicant an
2original Buy Here, Pay Here used vehicle dealer's license in
3writing for his or her established place of business and a
4supplemental license in writing for each additional place of
5business in such form as the Secretary may prescribe by rule
6that shall include the following:
7        (1) The name of the person licensed.
8        (2) If a corporation, the name and address of its
9    officers or if a sole proprietorship, a partnership, an
10    unincorporated association, or any similar form of
11    business organization, the name and address of the
12    proprietor or of each partner, member, officer, director,
13    trustee, or manager.
14        (3) In the case of an original license, the
15    established place of business of the licensee.
16        (4) In the case of a supplemental license, the
17    established place of business of the licensee and the
18    additional place of business to which the supplemental
19    license pertains.
20        (5) The full name, address, and contact information of
21    each of the dealer's agents or legal representatives who
22    is an Illinois resident and liable for the performance of
23    the dealership.
24    (g) The appropriate instrument evidencing the license or a
25certified copy thereof, provided by the Secretary of State
26shall be kept posted, conspicuously, in the established place

 

 

HB5496- 208 -LRB102 25260 LNS 34533 b

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

 

 

HB5496- 209 -LRB102 25260 LNS 34533 b

1    person;
2        (4) a copy of the Uniform Invoice-transaction
3    reporting return referred to in Section 5-402;
4        (5) in the case of a rebuilt vehicle, a copy of the
5    Disclosure of Rebuilt Vehicle Status; and
6        (6) in the case of a vehicle for which the warranty has
7    been reinstated, a copy of the warranty.
8    (k) Except at the time of sale or repossession of the
9vehicle, no person licensed as a Buy Here, Pay Here used
10vehicle dealer may issue any other person a newly created key
11to a vehicle unless the Buy Here, Pay Here used vehicle dealer
12makes a color photocopy or electronic scan of the driver's
13license or State identification card of the person requesting
14or obtaining the newly created key. The Buy Here, Pay Here used
15vehicle dealer must retain the photocopy or scan for 30 days.
16    A Buy Here, Pay Here used vehicle dealer who violates this
17subsection (k) is guilty of a petty offense. Violation of this
18subsection (k) is not cause to suspend, revoke, cancel, or
19deny renewal of the used vehicle dealer's license.
20    (l) A Buy Here, Pay Here used vehicle dealer licensed
21under this Section shall provide the Secretary of State a
22register for the sale at auction of each salvage or junk
23certificate vehicle. Each register shall include the following
24information:
25        (1) the year, make, model, style, and color of the
26    vehicle;

 

 

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1        (2) the vehicle's manufacturer's identification number
2    or, if applicable, the Secretary of State or Illinois
3    Department of State Police identification number;
4        (3) the date of acquisition of the vehicle;
5        (4) the name and address of the person from whom the
6    vehicle was acquired;
7        (5) the name and address of the person to whom any
8    vehicle was disposed, the person's Illinois license number
9    or, if the person is an out-of-state salvage vehicle
10    buyer, the license number from the state or jurisdiction
11    where the buyer is licensed; and
12        (6) the purchase price of the vehicle.
13    The register shall be submitted to the Secretary of State
14via written or electronic means within 10 calendar days from
15the date of the auction.
16    (m) If a licensee under this Section voluntarily
17surrenders a license to the Illinois Secretary of State Police
18or a representative of the Secretary of State Vehicle Services
19Department due to the licensee's inability to adhere to
20recordkeeping provisions, or the inability to properly issue
21certificates of title or registrations under this Code, or the
22Secretary revokes a license under this Section, then the
23licensee and the licensee's agent, designee, or legal
24representative, if applicable, may not be named on a new
25application for a licensee under this Section or under this
26Chapter, nor is the licensee or the licensee's agent,

 

 

HB5496- 211 -LRB102 25260 LNS 34533 b

1designee, or legal representative permitted to work for
2another licensee under this Chapter in a recordkeeping,
3management, or financial position or as an employee who
4handles certificate of title and registration documents and
5applications.
6(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22.)
 
7    (625 ILCS 5/6-101)  (from Ch. 95 1/2, par. 6-101)
8    Sec. 6-101. Drivers must have licenses or permits.
9    (a) No person, except those expressly exempted by Section