Full Text of HB0293 95th General Assembly
HB0293 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0293
Introduced 1/19/2007, by Rep. Lou Lang SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that the Secretary of State may (rather than shall) compile a list of all registered vehicles. Deletes language requiring publication of the list at least annually. Provides that the list may (rather than shall) contain the names and addresses of registered owners and a brief description of each vehicle. Provides that a vanity or personal plate may be affixed to a trailer weighing 8,000 pounds or less paying the flat weight tax. Makes corresponding changes. Provides that the Secretary of State may stagger the registration dates of all vehicles (as well as those for which multi year plates are issued). Provides that the Secretary also may change the annual expiration date of registration. Provides that, to facilitate the staggering of registration dates, the Secretary may prorate all required registration fees, rounded to the nearest dollar (rather than only the fees of vehicles for which multi-year plates are issued), for a period of not longer than 18 (rather than 15) months. Provides that, for a charge of $15, the Secretary of State shall issue a special corrected certificate of title (i) to remove a co-owner's name due to the death of the co-owner or due to a divorce or (ii) to change a co-owner's name due to a marriage.
Provides that the Secretary may revoke a certificate of title and registration card and issue a corrected certificate of title and registration card, at no fee to the vehicle owner or lienholder, if there is proof that the vehicle identification number is erroneously shown on the original certificate of title.
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A BILL FOR
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HB0293 |
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LRB095 04571 DRH 24625 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 2-123, 3-405.1, 3-414, 3-704, 3-806.1, 3-806.5, and | 6 |
| 3-821 as follows:
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| (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
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| Sec. 2-123. Sale and Distribution of Information.
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| (a) Except as otherwise provided in this Section, the | 10 |
| Secretary may make the
driver's license, vehicle and title | 11 |
| registration lists, in part or in whole,
and any statistical | 12 |
| information derived from these lists available to local
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| governments, elected state officials, state educational | 14 |
| institutions, and all
other governmental units of the State and | 15 |
| Federal
Government
requesting them for governmental purposes. | 16 |
| The Secretary shall require any such
applicant for services to | 17 |
| pay for the costs of furnishing such services and the
use of | 18 |
| the equipment involved, and in addition is empowered to | 19 |
| establish prices
and charges for the services so furnished and | 20 |
| for the use of the electronic
equipment utilized.
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| (b) The Secretary is further empowered to and he may, in | 22 |
| his discretion,
furnish to any applicant, other than listed in | 23 |
| subsection (a) of this Section,
vehicle or driver data on a |
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| computer tape, disk, other electronic format or
computer | 2 |
| processable medium, or printout at a fixed fee of
$250 for | 3 |
| orders received before October 1, 2003 and $500 for orders | 4 |
| received
on or after October 1, 2003, in advance, and require | 5 |
| in addition a
further sufficient
deposit based upon the | 6 |
| Secretary of State's estimate of the total cost of the
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| information requested and a charge of $25 for orders received | 8 |
| before October
1, 2003 and $50 for orders received on or after | 9 |
| October 1, 2003, per 1,000
units or part
thereof identified or | 10 |
| the actual cost, whichever is greater. The Secretary is
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| authorized to refund any difference between the additional | 12 |
| deposit and the
actual cost of the request. This service shall | 13 |
| not be in lieu of an abstract
of a driver's record nor of a | 14 |
| title or registration search. This service may
be limited to | 15 |
| entities purchasing a minimum number of records as required by
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| administrative rule. The information
sold pursuant to this | 17 |
| subsection shall be the entire vehicle or driver data
list, or | 18 |
| part thereof. The information sold pursuant to this subsection
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| shall not contain personally identifying information unless | 20 |
| the information is
to be used for one of the purposes | 21 |
| identified in subsection (f-5) of this
Section. Commercial | 22 |
| purchasers of driver and vehicle record databases shall
enter | 23 |
| into a written agreement with the Secretary of State that | 24 |
| includes
disclosure of the commercial use of the information to | 25 |
| be purchased. | 26 |
| (b-1) The Secretary is further empowered to and may, in his |
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| or her discretion, furnish vehicle or driver data on a computer | 2 |
| tape, disk, or other electronic format or computer processible | 3 |
| medium, at no fee, to any State or local governmental agency | 4 |
| that uses the information provided by the Secretary to transmit | 5 |
| data back to the Secretary that enables the Secretary to | 6 |
| maintain accurate driving records, including dispositions of | 7 |
| traffic cases. This information may be provided without fee not | 8 |
| more often than once every 6 months.
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| (c) Secretary of State may issue registration lists. The | 10 |
| Secretary
of State may
shall compile and publish, at least | 11 |
| annually, a list of all registered
vehicles. Each list of | 12 |
| registered vehicles shall be arranged serially
according to the | 13 |
| registration numbers assigned to registered vehicles and may
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| shall contain in addition the names and addresses of registered | 15 |
| owners and
a brief description of each vehicle including the | 16 |
| serial or other
identifying number thereof. Such compilation | 17 |
| may be in such form as in the
discretion of the Secretary of | 18 |
| State may seem best for the purposes intended.
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| (d) The Secretary of State shall furnish no more than 2 | 20 |
| current available
lists of such registrations to the sheriffs | 21 |
| of all counties and to the chiefs
of police of all cities and | 22 |
| villages and towns of 2,000 population and over
in this State | 23 |
| at no cost. Additional copies may be purchased by the sheriffs
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| or chiefs of police at the fee
of $500 each or at the cost of | 25 |
| producing the list as determined
by the Secretary of State. | 26 |
| Such lists are to be used for governmental
purposes only.
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| (e) (Blank).
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| (e-1) (Blank).
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| (f) The Secretary of State shall make a title or | 4 |
| registration search of the
records of his office and a written | 5 |
| report on the same for any person, upon
written application of | 6 |
| such person, accompanied by a fee of $5 for
each registration | 7 |
| or title search. The written application shall set forth
the | 8 |
| intended use of the requested information. No fee shall be | 9 |
| charged for a
title or
registration search, or for the | 10 |
| certification thereof requested by a government
agency. The | 11 |
| report of the title or registration search shall not contain
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| personally identifying information unless the request for a | 13 |
| search was made for
one of the purposes identified in | 14 |
| subsection (f-5) of this Section. The report of the title or | 15 |
| registration search shall not contain highly
restricted | 16 |
| personal
information unless specifically authorized by this | 17 |
| Code.
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| The Secretary of State shall certify a title or | 19 |
| registration record upon
written request. The fee for | 20 |
| certification shall be $5 in addition
to the fee required for a | 21 |
| title or registration search. Certification shall
be made under | 22 |
| the signature of the Secretary of State and shall be
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| authenticated by Seal of the Secretary of State.
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| The Secretary of State may notify the vehicle owner or | 25 |
| registrant of
the request for purchase of his title or | 26 |
| registration information as the
Secretary deems appropriate.
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| No information shall be released to the requestor until | 2 |
| expiration of a
10 day period. This 10 day period shall not | 3 |
| apply to requests for
information made by law enforcement | 4 |
| officials, government agencies,
financial institutions, | 5 |
| attorneys, insurers, employers, automobile
associated | 6 |
| businesses, persons licensed as a private detective or firms
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| licensed as a private detective agency under the Private | 8 |
| Detective, Private
Alarm, Private Security, and Locksmith Act | 9 |
| of 2004, who are employed by or are
acting on
behalf of law | 10 |
| enforcement officials, government agencies, financial
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| institutions, attorneys, insurers, employers, automobile | 12 |
| associated businesses,
and other business entities for | 13 |
| purposes consistent with the Illinois Vehicle
Code, the vehicle | 14 |
| owner or registrant or other entities as the Secretary may
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| exempt by rule and regulation.
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| Any misrepresentation made by a requestor of title or | 17 |
| vehicle information
shall be punishable as a petty offense, | 18 |
| except in the case of persons
licensed as a private detective | 19 |
| or firms licensed as a private detective agency
which shall be | 20 |
| subject to disciplinary sanctions under Section 40-10 of the
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| Private Detective, Private Alarm, Private Security, and | 22 |
| Locksmith Act of 2004.
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| (f-5) The Secretary of State shall not disclose or | 24 |
| otherwise make
available to
any person or entity any personally | 25 |
| identifying information obtained by the
Secretary
of State in | 26 |
| connection with a driver's license, vehicle, or title |
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| registration
record
unless the information is disclosed for one | 2 |
| of the following purposes:
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| (1) For use by any government agency, including any | 4 |
| court or law
enforcement agency, in carrying out its | 5 |
| functions, or any private person or
entity acting on behalf | 6 |
| of a federal, State, or local agency in carrying out
its
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| functions.
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| (2) For use in connection with matters of motor vehicle | 9 |
| or driver safety
and theft; motor vehicle emissions; motor | 10 |
| vehicle product alterations, recalls,
or advisories; | 11 |
| performance monitoring of motor vehicles, motor vehicle | 12 |
| parts,
and dealers; and removal of non-owner records from | 13 |
| the original owner
records of motor vehicle manufacturers.
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| (3) For use in the normal course of business by a | 15 |
| legitimate business or
its agents, employees, or | 16 |
| contractors, but only:
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| (A) to verify the accuracy of personal information | 18 |
| submitted by
an individual to the business or its | 19 |
| agents, employees, or contractors;
and
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| (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
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| recovering on a debt or security interest against, the | 25 |
| individual.
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| (4) For use in research activities and for use in |
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| producing statistical
reports, if the personally | 2 |
| identifying information is not published,
redisclosed, or | 3 |
| used to
contact individuals.
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| (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
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| 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.
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| (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.
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| (7) For use in providing notice to the owners of towed | 17 |
| or
impounded vehicles.
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| (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, and Locksmith Act of
1993, private investigative | 22 |
| agency or security service
licensed in Illinois for any | 23 |
| purpose permitted under this subsection.
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| (9) For use by an employer or its agent or insurer to | 25 |
| obtain or verify
information relating to a holder of a | 26 |
| commercial driver's license that is
required under chapter |
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| 313 of title 49 of the United States Code.
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| (10) For use in connection with the operation of | 3 |
| private toll
transportation facilities.
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| (11) For use by any requester, if the requester | 5 |
| demonstrates it has
obtained the written consent of the | 6 |
| individual to whom the information
pertains.
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| (12) For use by members of the news media, as defined | 8 |
| in
Section 1-148.5, for the purpose of newsgathering when | 9 |
| the request relates to
the
operation of a motor vehicle or | 10 |
| public safety.
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| (13) For any other use specifically authorized by law, | 12 |
| if that use is
related to the operation of a motor vehicle | 13 |
| or public safety. | 14 |
| (f-6) The Secretary of State shall not disclose or | 15 |
| otherwise make
available to any
person or entity any highly | 16 |
| restricted personal information obtained by the
Secretary of
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| State in connection with a driver's license, vehicle, or
title | 18 |
| registration
record unless
specifically authorized by this | 19 |
| Code.
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| (g) 1. The Secretary of State may, upon receipt of a | 21 |
| written request
and a fee of $6 before October 1, 2003 and | 22 |
| a fee of $12 on and after October
1, 2003, furnish to the | 23 |
| person or agency so requesting a
driver's record. Such | 24 |
| document may include a record of: current driver's
license | 25 |
| issuance information, except that the information on | 26 |
| judicial driving
permits shall be available only as |
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| otherwise provided by this Code;
convictions; orders | 2 |
| entered revoking, suspending or cancelling a
driver's
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| license or privilege; and notations of accident | 4 |
| involvement. All other
information, unless otherwise | 5 |
| permitted by
this Code, shall remain confidential. | 6 |
| Information released pursuant to a
request for a driver's | 7 |
| record shall not contain personally identifying
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| information, unless the request for the driver's record was | 9 |
| made for one of the
purposes set forth in subsection (f-5) | 10 |
| of this Section.
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| 2. The Secretary of State shall not disclose or | 12 |
| otherwise make available
to any
person or
entity any highly | 13 |
| restricted personal information obtained by the Secretary | 14 |
| of
State in
connection with a driver's license, vehicle, or | 15 |
| title
registration record
unless specifically
authorized | 16 |
| by this Code. The Secretary of State may certify an | 17 |
| abstract of a driver's record
upon written request | 18 |
| therefor. Such certification
shall be made under the | 19 |
| signature of the Secretary of State and shall be
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| authenticated by the Seal of his office.
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| 3. All requests for driving record information shall be | 22 |
| made in a manner
prescribed by the Secretary and shall set | 23 |
| forth the intended use of the
requested information.
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| The Secretary of State may notify the affected driver | 25 |
| of the request
for purchase of his driver's record as the | 26 |
| Secretary deems appropriate.
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| No information shall be released to the requester until | 2 |
| expiration of a
10 day period. This 10 day period shall not | 3 |
| apply to requests for information
made by law enforcement | 4 |
| officials, government agencies, financial institutions,
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| attorneys, insurers, employers, automobile associated | 6 |
| businesses, persons
licensed as a private detective or | 7 |
| firms licensed as a private detective agency
under the | 8 |
| Private Detective, Private Alarm, Private Security, and | 9 |
| Locksmith Act
of 2004,
who are employed by or are acting on | 10 |
| behalf of law enforcement officials,
government agencies, | 11 |
| financial institutions, attorneys, insurers, employers,
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| automobile associated businesses, and other business | 13 |
| entities for purposes
consistent with the Illinois Vehicle | 14 |
| Code, the affected driver or other
entities as the | 15 |
| Secretary may exempt by rule and regulation.
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| Any misrepresentation made by a requestor of driver | 17 |
| information shall
be punishable as a petty offense, except | 18 |
| in the case of persons licensed as
a private detective or | 19 |
| firms licensed as a private detective agency which shall
be | 20 |
| subject to disciplinary sanctions under Section 40-10 of | 21 |
| the Private
Detective, Private Alarm, Private Security, | 22 |
| and Locksmith Act of 2004.
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| 4. The Secretary of State may furnish without fee, upon | 24 |
| the written
request of a law enforcement agency, any | 25 |
| information from a driver's
record on file with the | 26 |
| Secretary of State when such information is required
in the |
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| enforcement of this Code or any other law relating to the | 2 |
| operation
of motor vehicles, including records of | 3 |
| dispositions; documented
information involving the use of | 4 |
| a motor vehicle; whether such individual
has, or previously | 5 |
| had, a driver's license; and the address and personal
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| description as reflected on said driver's record.
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| 5. Except as otherwise provided in this Section, the | 8 |
| Secretary of
State may furnish, without fee, information | 9 |
| from an individual driver's
record on file, if a written | 10 |
| request therefor is submitted
by any public transit system | 11 |
| or authority, public defender, law enforcement
agency, a | 12 |
| state or federal agency, or an Illinois local | 13 |
| intergovernmental
association, if the request is for the | 14 |
| purpose of a background check of
applicants for employment | 15 |
| with the requesting agency, or for the purpose of
an | 16 |
| official investigation conducted by the agency, or to | 17 |
| determine a
current address for the driver so public funds | 18 |
| can be recovered or paid to
the driver, or for any other | 19 |
| purpose set forth in subsection (f-5)
of this Section.
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| The Secretary may also furnish the courts a copy of an | 21 |
| abstract of a
driver's record, without fee, subsequent to | 22 |
| an arrest for a violation of
Section 11-501 or a similar | 23 |
| provision of a local ordinance. Such abstract
may include | 24 |
| records of dispositions; documented information involving
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| the use of a motor vehicle as contained in the current | 26 |
| file; whether such
individual has, or previously had, a |
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| driver's license; and the address and
personal description | 2 |
| as reflected on said driver's record.
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| 6. Any certified abstract issued by the Secretary of | 4 |
| State or
transmitted electronically by the Secretary of | 5 |
| State pursuant to this
Section,
to a court or on request of | 6 |
| a law enforcement agency, for the record of a
named person | 7 |
| as to the status of the person's driver's license shall be
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| prima facie evidence of the facts therein stated and if the | 9 |
| name appearing
in such abstract is the same as that of a | 10 |
| person named in an information or
warrant, such abstract | 11 |
| shall be prima facie evidence that the person named
in such | 12 |
| information or warrant is the same person as the person | 13 |
| named in
such abstract and shall be admissible for any | 14 |
| prosecution under this Code and
be admitted as proof of any | 15 |
| prior conviction or proof of records, notices, or
orders | 16 |
| recorded on individual driving records maintained by the | 17 |
| Secretary of
State.
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| 7. Subject to any restrictions contained in the | 19 |
| Juvenile Court Act of
1987, and upon receipt of a proper | 20 |
| request and a fee of $6 before October 1,
2003 and a fee of | 21 |
| $12 on or after October 1, 2003, the
Secretary of
State | 22 |
| shall provide a driver's record to the affected driver, or | 23 |
| the affected
driver's attorney, upon verification. Such | 24 |
| record shall contain all the
information referred to in | 25 |
| paragraph 1 of this subsection (g) plus: any
recorded | 26 |
| accident involvement as a driver; information recorded |
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| pursuant to
subsection (e) of Section 6-117 and paragraph | 2 |
| (4) of subsection (a) of
Section 6-204 of this Code. All | 3 |
| other information, unless otherwise permitted
by this | 4 |
| Code, shall remain confidential.
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| (h) The Secretary shall not disclose social security | 6 |
| numbers or any associated information obtained from the Social | 7 |
| Security Administration except pursuant
to a written request | 8 |
| by, or with the prior written consent of, the
individual | 9 |
| except: (1) to officers and employees of the Secretary
who
have | 10 |
| a need to know the social security numbers in performance of | 11 |
| their
official duties, (2) to law enforcement officials for a | 12 |
| lawful, civil or
criminal law enforcement investigation, and if | 13 |
| the head of the law enforcement
agency has made a written | 14 |
| request to the Secretary specifying the law
enforcement | 15 |
| investigation for which the social security numbers are being
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| sought, (3) to the United States Department of Transportation, | 17 |
| or any other
State, pursuant to the administration and | 18 |
| enforcement of the Commercial
Motor Vehicle Safety Act of 1986, | 19 |
| (4) pursuant to the order of a court
of competent jurisdiction, | 20 |
| or (5) to the Department of Healthcare and Family Services | 21 |
| (formerly Department of Public Aid ) for
utilization
in the | 22 |
| child support enforcement duties assigned to that Department | 23 |
| under
provisions of the Illinois Public Aid Code after the | 24 |
| individual has received advanced
meaningful notification of | 25 |
| what redisclosure is sought by the Secretary in
accordance with | 26 |
| the federal Privacy Act.
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| (i) (Blank).
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| (j) Medical statements or medical reports received in the | 3 |
| Secretary of
State's Office shall be confidential. No | 4 |
| confidential information may be
open to public inspection or | 5 |
| the contents disclosed to anyone, except
officers and employees | 6 |
| of the Secretary who have a need to know the information
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| contained in the medical reports and the Driver License Medical | 8 |
| Advisory
Board, unless so directed by an order of a court of | 9 |
| competent jurisdiction.
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| (k) All fees collected under this Section shall be paid | 11 |
| into the Road
Fund of the State Treasury, except that (i) for | 12 |
| fees collected before October
1, 2003, $3 of the $6 fee for a
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| driver's record shall be paid into the Secretary of State | 14 |
| Special Services
Fund, (ii) for fees collected on and after | 15 |
| October 1, 2003, of the $12 fee
for a driver's record, $3 shall | 16 |
| be paid into the Secretary of State Special
Services Fund and | 17 |
| $6 shall be paid into the General Revenue Fund, and (iii) for
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| fees collected on and after October 1, 2003, 50% of the amounts | 19 |
| collected
pursuant to subsection (b) shall be paid into the | 20 |
| General Revenue Fund.
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| (l) (Blank).
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| (m) Notations of accident involvement that may be disclosed | 23 |
| under this
Section shall not include notations relating to | 24 |
| damage to a vehicle or other
property being transported by a | 25 |
| tow truck. This information shall remain
confidential, | 26 |
| provided that nothing in this subsection (m) shall limit
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| disclosure of any notification of accident involvement to any | 2 |
| law enforcement
agency or official.
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| (n) Requests made by the news media for driver's license, | 4 |
| vehicle, or
title registration information may be furnished | 5 |
| without charge or at a reduced
charge, as determined by the | 6 |
| Secretary, when the specific purpose for
requesting the | 7 |
| documents is deemed to be in the public interest. Waiver or
| 8 |
| reduction of the fee is in the public interest if the principal | 9 |
| purpose of the
request is to access and disseminate information | 10 |
| regarding the health, safety,
and welfare or the legal rights | 11 |
| of the general public and is not for the
principal purpose of | 12 |
| gaining a personal or commercial benefit.
The information | 13 |
| provided pursuant to this subsection shall not contain
| 14 |
| personally identifying information unless the information is | 15 |
| to be used for one
of the
purposes identified in subsection | 16 |
| (f-5) of this Section.
| 17 |
| (o) The redisclosure of personally identifying information
| 18 |
| obtained
pursuant
to this Section is prohibited, except to the | 19 |
| extent necessary to effectuate the
purpose
for which the | 20 |
| original disclosure of the information was permitted.
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| (p) The Secretary of State is empowered to adopt rules
to
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| effectuate this Section.
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| (Source: P.A. 93-32, eff. 7-1-03; 93-438, eff. 8-5-03; 93-895, | 24 |
| eff. 1-1-05; 94-56, eff. 6-17-05; revised 12-15-05.)
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| (625 ILCS 5/3-405.1) (from Ch. 95 1/2, par. 3-405.1)
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HB0293 |
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| 1 |
| Sec. 3-405.1. Application for vanity and personalized | 2 |
| license plates.
| 3 |
| (a) Vanity license plates mean any license plates, assigned | 4 |
| to a passenger
motor vehicle of the first division, to a motor | 5 |
| vehicle of the second
division registered at not more than | 6 |
| 8,000 pounds , to a trailer weighing 8,000 pounds or less paying | 7 |
| the flat weight tax, or to a recreational
vehicle, which | 8 |
| display a registration number containing 1 to 7 letters and no
| 9 |
| numbers or 1, 2, or 3 numbers and no letters as requested by | 10 |
| the owner of the
vehicle and license plates issued to retired | 11 |
| members of Congress under Section
3-610.1 or to retired members | 12 |
| of the General Assembly as provided in Section
3-606.1. | 13 |
| Personalized license plates mean any license plates, assigned | 14 |
| to a
passenger motor vehicle of the first division, to a motor | 15 |
| vehicle of the second
division registered at not more than | 16 |
| 8,000 pounds, to a trailer weighing 8,000 pounds or less paying | 17 |
| the flat weight tax, or to a recreational
vehicle, which | 18 |
| display a registration number containing one of the following
| 19 |
| combinations of letters and numbers, as requested by the owner | 20 |
| of the vehicle:
| 21 |
| Standard Passenger Plates
| 22 |
| First Division Vehicles
| 23 |
| 1 letter plus 0-99
| 24 |
| 2 letters plus 0-99
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| 3 letters plus 0-99
| 2 |
| 4 letters plus 0-99
| 3 |
| 5 letters plus 0-99
| 4 |
| 6 letters plus 0-9
| 5 |
| Second Division Vehicles
| 6 |
| 8,000 pounds or less , Trailers
| 7 |
| 8,000
pounds or less paying the flat | 8 |
| weight tax, and Recreation Vehicles
| 9 |
| 0-999 plus 1 letter
| 10 |
| 0-999 plus 2 letters
| 11 |
| 0-999 plus 3 letters
| 12 |
| 0-99 plus 4 letters
| 13 |
| 0-9 plus 5 letters
| 14 |
| (b) For any registration period commencing after December | 15 |
| 31, 2003, any
person who is the registered owner of a passenger | 16 |
| motor vehicle of the first
division, of a motor vehicle of the | 17 |
| second division registered at not
more than 8,000 pounds , of a | 18 |
| trailer weighing 8,000 pounds or less paying the flat weight | 19 |
| tax, or of a recreational vehicle registered with the
Secretary | 20 |
| of State or who makes application for an original registration | 21 |
| of
such a motor vehicle or renewal registration of such a motor | 22 |
| vehicle may,
upon payment of a fee prescribed in Section | 23 |
| 3-806.1 or Section 3-806.5,
apply to the Secretary of State for |
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| vanity or personalized license plates.
| 2 |
| (c) Except as otherwise provided in this Chapter 3, vanity | 3 |
| and personalized
license plates as issued under this Section | 4 |
| shall be the same color and design
as other passenger vehicle | 5 |
| license plates and shall not in any manner conflict
with any | 6 |
| other existing passenger, commercial, trailer, motorcycle, or | 7 |
| special
license plate series. However, special registration | 8 |
| plates issued under
Sections 3-611 and 3-616 for vehicles | 9 |
| operated by or for persons with
disabilities may also be vanity | 10 |
| or personalized license plates.
| 11 |
| (d) Vanity and personalized license plates shall be issued | 12 |
| only to the
registered owner of the vehicle on which they are | 13 |
| to be displayed, except
as provided in Sections 3-611 and 3-616 | 14 |
| for special registration plates
for vehicles operated by or for | 15 |
| persons with
disabilities.
| 16 |
| (e) An applicant for the issuance of vanity or personalized | 17 |
| license
plates or subsequent renewal thereof shall file an | 18 |
| application in such form
and manner and by such date as the | 19 |
| Secretary of State may, in his discretion,
require.
| 20 |
| No vanity nor personalized license plates shall be | 21 |
| approved, manufactured, or
distributed that contain any | 22 |
| characters, symbols other than the international
accessibility | 23 |
| symbol for vehicles operated by or for
persons with | 24 |
| disabilities, foreign words, or letters of punctuation.
| 25 |
| (f) Vanity and personalized license plates as issued | 26 |
| pursuant to this
Act may be subject to the Staggered |
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| Registration System as prescribed by
the Secretary of State.
| 2 |
| (Source: P.A. 92-651, eff. 7-11-02; 93-32, eff. 7-1-03 .)
| 3 |
| (625 ILCS 5/3-414) (from Ch. 95 1/2, par. 3-414)
| 4 |
| Sec. 3-414. Expiration of registration.
| 5 |
| (a) Every vehicle registration under this Chapter and every | 6 |
| registration
card and registration plate or registration | 7 |
| sticker issued hereunder to a
vehicle shall be for the periods | 8 |
| specified in this Chapter and shall expire
at midnight on the | 9 |
| day and date specified in this Section as follows:
| 10 |
| 1. When registered on a calendar year basis commencing | 11 |
| January 1,
expiration shall be on the 31st day of December | 12 |
| or at such other date as
may be selected in the discretion | 13 |
| of the Secretary of State; however,
through December 31, | 14 |
| 2004, registrations of apportionable vehicles, | 15 |
| motorcycles, motor driven cycles
and pedalcycles shall | 16 |
| commence on the first day of April and shall expire
March | 17 |
| 31st of the following calendar year;
| 18 |
| 1.1. Beginning January 1, 2005, registrations of | 19 |
| motorcycles and motor driven cycles shall commence on | 20 |
| January 1 and shall expire on December 31 or on another | 21 |
| date that may be selected by the Secretary; registrations | 22 |
| of apportionable vehicles and pedalcycles, however, shall | 23 |
| commence on the first day of April and shall expire March | 24 |
| 31 of the following calendar year;
| 25 |
| 2. When registered on a 2 calendar year basis |
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| commencing January 1
of an even-numbered year, expiration | 2 |
| shall be on the 31st day of
December of the ensuing | 3 |
| odd-numbered year, or at such other later date
as may be | 4 |
| selected in the discretion of the Secretary of State not
| 5 |
| beyond March 1 next;
| 6 |
| 3. When registered on a fiscal year basis commencing | 7 |
| July 1,
expiration shall be on the 30th day of June or at | 8 |
| such other later date
as may be selected in the discretion | 9 |
| of the Secretary of State not
beyond September 1 next;
| 10 |
| 4. When registered on a 2 fiscal year basis commencing | 11 |
| July 1 of an
even-numbered year, expiration shall be on the | 12 |
| 30th day of June of the
ensuing even-numbered year, or at | 13 |
| such other later date as may be
selected in the discretion | 14 |
| of the Secretary of State not beyond
September 1 next;
| 15 |
| 5. When registered on a 4 fiscal year basis commencing | 16 |
| July 1 of an
even-numbered year, expiration shall be on the | 17 |
| 30th day of June of the
second ensuing even-numbered year, | 18 |
| or at such other later date as may be
selected in the | 19 |
| discretion of the Secretary of State not beyond
September 1 | 20 |
| next;
| 21 |
| (b) Vehicle registrations of vehicles of the first division | 22 |
| shall be
for a calendar year or 2 calendar year basis as | 23 |
| provided for in this
Chapter.
| 24 |
| Vehicle registrations of vehicles under Sections 3-807, | 25 |
| 3-808 and
3-809 shall be on an indefinite term basis or a 2 | 26 |
| calendar year basis as
provided for in this Chapter.
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| Vehicle registrations for vehicles of the second division | 2 |
| shall be
for a fiscal year, 2 fiscal year or calendar year | 3 |
| basis as provided for
in this Chapter.
| 4 |
| Motor vehicles registered under the provisions of
Sections | 5 |
| 3-402.1 and 3-405.3 shall
be issued multi-year registration | 6 |
| plates with a new registration card
issued annually upon | 7 |
| payment of the appropriate fees. Apportionable
trailers and | 8 |
| apportionable semitrailers registered under the provisions of
| 9 |
| Section 3-402.1 shall be issued multi-year registration plates | 10 |
| and cards
that will be subject to revocation for failure to pay | 11 |
| annual fees required
by Section 3-814.1. The Secretary shall | 12 |
| determine when these vehicles
shall be issued new registration | 13 |
| plates.
| 14 |
| (c) Every vehicle registration specified in Section 3-810 | 15 |
| and every
registration card and registration plate or | 16 |
| registration sticker issued
thereunder shall expire on the 31st | 17 |
| day of December of each year or at
such other date as may be | 18 |
| selected in the discretion of the Secretary of
State.
| 19 |
| (d) Every vehicle registration for a vehicle of the second | 20 |
| division
weighing over 8,000 pounds,
except as provided in | 21 |
| paragraph (g) of this Section, and every
registration card and | 22 |
| registration plate or registration sticker, where
applicable, | 23 |
| issued hereunder to such vehicles shall be issued for a
fiscal | 24 |
| year commencing on July 1st of each registration year. However,
| 25 |
| the Secretary of State may, pursuant to an agreement or | 26 |
| arrangement or
declaration providing for apportionment of a |
|
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| fleet of vehicles with
other jurisdictions, provide for | 2 |
| registration of such vehicles under
apportionment or for all of | 3 |
| the vehicles registered in Illinois by an
applicant who | 4 |
| registers some of his vehicles under apportionment on a
| 5 |
| calendar year basis instead, and the fees or taxes to be paid | 6 |
| on a
calendar year basis shall be identical to those specified | 7 |
| in this Act
for a fiscal year registration. Provision for | 8 |
| installment payment may
also be made.
| 9 |
| (e) Semitrailer registrations under apportionment may be | 10 |
| on a
calendar year under a reciprocal agreement or arrangement | 11 |
| and all other
semitrailer registrations shall be on fiscal year | 12 |
| or 2 fiscal year or 4
fiscal year basis as provided for in this | 13 |
| Chapter.
| 14 |
| (f) The Secretary of State may convert annual registration | 15 |
| plates or
2-year registration plates, whether registered on a | 16 |
| calendar year or fiscal
year basis, to multi-year plates. The | 17 |
| determination of which plate categories
and when to convert to | 18 |
| multi-year plates is solely within the discretion of the
| 19 |
| Secretary of State.
| 20 |
| (g) After January 1, 1975, each registration, registration | 21 |
| card and
registration plate or registration sticker, where | 22 |
| applicable, issued for
a recreational vehicle or recreational | 23 |
| or camping trailer, except a
house trailer, used exclusively by | 24 |
| the owner for recreational purposes,
and not used commercially | 25 |
| nor as a truck or bus, nor for hire, shall be
on a calendar year | 26 |
| basis; except that the Secretary of State shall
provide for |
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| registration and the issuance of registration cards and
plates | 2 |
| or registration stickers, where applicable, for one 6-month
| 3 |
| period in order to accomplish an orderly transition from a | 4 |
| fiscal year
to a calendar year basis. Fees and taxes due under | 5 |
| this Act for a
registration year shall be appropriately reduced | 6 |
| for such 6-month
transitional registration period.
| 7 |
| (h) The Secretary of State may, in order to accomplish an | 8 |
| orderly
transition for vehicles registered under Section | 9 |
| 3-402.1 of this Code from
a calendar year registration to a | 10 |
| March 31st expiration, require applicants
to pay fees and taxes | 11 |
| due under this Code on a 15 month registration basis.
However, | 12 |
| if in the discretion of the Secretary of State this creates an
| 13 |
| undue hardship on any applicant the Secretary may allow the | 14 |
| applicant to
pay 3 month fees and taxes at the time of | 15 |
| registration and the additional
12 month fees and taxes to be | 16 |
| payable no later than March 31 of the year
after this | 17 |
| amendatory Act of 1991 takes effect.
| 18 |
| (i) The Secretary of State may stagger registrations, or | 19 |
| change the annual expiration date
of vehicles for
which | 20 |
| multi-year plates are issued pursuant to Section 3-414.1 , as | 21 |
| necessary
for the convenience of the public and the efficiency | 22 |
| of his Office. In
order to appropriately and effectively | 23 |
| accomplish any such staggering, the
Secretary of State is | 24 |
| authorized to prorate all required registration fees, rounded | 25 |
| to the nearest dollar,
but in no event for a period longer than | 26 |
| 18
15 months, at a monthly rate for
a 12 month registration |
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| fee.
| 2 |
| (Source: P.A. 92-629, eff. 7-1-03; 93-796, eff. 7-22-04.)
| 3 |
| (625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)
| 4 |
| Sec. 3-704. Authority of Secretary of State to suspend or | 5 |
| revoke a registration or
certificate of title; authority to | 6 |
| suspend or revoke the registration of a
vehicle.
| 7 |
| (a) The Secretary of State may suspend or revoke the | 8 |
| registration of a
vehicle or a certificate of title, | 9 |
| registration card, registration sticker,
registration plate, | 10 |
| disability parking decal or device,
or any nonresident or other | 11 |
| permit in any of the following events:
| 12 |
| 1. When the Secretary of State is satisfied that such | 13 |
| registration or
that such certificate, card, plate, | 14 |
| registration sticker or permit was
fraudulently or
| 15 |
| erroneously issued;
| 16 |
| 2. When a registered vehicle has been dismantled or | 17 |
| wrecked or is not
properly equipped;
| 18 |
| 3. When the Secretary of State determines that any | 19 |
| required fees have
not been paid to the Secretary of State, | 20 |
| to the Illinois Commerce
Commission, or to the Illinois | 21 |
| Department of Revenue under the Motor Fuel Tax Law, and the | 22 |
| same are not paid upon reasonable notice and demand;
| 23 |
| 4. When a registration card, registration plate, | 24 |
| registration sticker
or permit is knowingly
displayed upon | 25 |
| a vehicle other than the one for which issued;
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| 5. When the Secretary of State determines that the | 2 |
| owner has committed
any offense under this Chapter | 3 |
| involving the registration or the
certificate, card, | 4 |
| plate, registration sticker or permit to be suspended or
| 5 |
| revoked;
| 6 |
| 6. When the Secretary of State determines that a | 7 |
| vehicle registered
not-for-hire is used or operated | 8 |
| for-hire unlawfully, or used or operated
for purposes other | 9 |
| than those authorized;
| 10 |
| 7. When the Secretary of State determines that an owner | 11 |
| of a for-hire
motor vehicle has failed to give proof of | 12 |
| financial responsibility as
required by this Act;
| 13 |
| 8. When the Secretary determines that the vehicle is | 14 |
| not subject to or
eligible for a registration;
| 15 |
| 9. When the Secretary determines that the owner of a | 16 |
| vehicle registered
under the mileage weight tax option | 17 |
| fails to maintain the records specified
by law, or fails to | 18 |
| file the reports required by law, or that such vehicle
is | 19 |
| not equipped with an operable and operating speedometer or | 20 |
| odometer;
| 21 |
| 10. When the Secretary of State is so authorized under | 22 |
| any other
provision of law;
| 23 |
| 11. When the Secretary of State determines that the | 24 |
| holder of a disability parking decal or device has | 25 |
| committed any offense under Chapter 11
of this Code | 26 |
| involving the use of a disability parking decal
or device.
|
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| (a-5) The Secretary of State may revoke a certificate of | 2 |
| title and registration card and issue a corrected certificate | 3 |
| of title and registration card, at no fee to the vehicle owner | 4 |
| or lienholder, if there is proof that the vehicle | 5 |
| identification number is erroneously shown on the original | 6 |
| certificate of title.
| 7 |
| (b) The Secretary of State may suspend or revoke the | 8 |
| registration of a
vehicle as follows:
| 9 |
| 1. When the Secretary of State determines that the | 10 |
| owner of a vehicle has
not paid a civil penalty or a | 11 |
| settlement agreement arising from the
violation of rules | 12 |
| adopted under the Illinois Motor Carrier Safety Law or the
| 13 |
| Illinois Hazardous Materials Transportation Act or that a | 14 |
| vehicle, regardless
of ownership, was the subject of | 15 |
| violations of these rules that resulted in a
civil penalty | 16 |
| or settlement agreement which remains unpaid.
| 17 |
| 2. When the Secretary of State determines that a | 18 |
| vehicle registered for a
gross weight of more than 16,000 | 19 |
| pounds within an affected area is not in
compliance with | 20 |
| the provisions of Section 13-109.1 of the Illinois Vehicle
| 21 |
| Code. | 22 |
| 3. When the Secretary of State is notified by the | 23 |
| United States Department of Transportation that a vehicle | 24 |
| is in violation of the Federal Motor Carrier Safety | 25 |
| Regulations, as they are now or hereafter amended, and is | 26 |
| prohibited from operating.
|
|
|
|
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| 1 |
| (Source: P.A. 94-239, eff. 1-1-06; 94-619, eff. 1-1-06; 94-759, | 2 |
| eff. 5-12-06.)
| 3 |
| (625 ILCS 5/3-806.1) (from Ch. 95 1/2, par. 3-806.1)
| 4 |
| Sec. 3-806.1. Additional fees for vanity license plates. In | 5 |
| addition to
the regular registration fee, an applicant shall be | 6 |
| charged $94
for each set of vanity license plates issued to a | 7 |
| motor vehicle of the first
division or a motor vehicle of the | 8 |
| second division registered at not more than
8,000 pounds or to | 9 |
| a recreational vehicle and $50 for each set of
vanity plates | 10 |
| issued to a motorcycle. In addition to the regular renewal fee,
| 11 |
| an applicant shall be charged $13 for the renewal of each set | 12 |
| of
vanity license plates.
| 13 |
| (Source: P.A. 91-37, eff. 7-1-99.)
| 14 |
| (625 ILCS 5/3-806.5)
| 15 |
| Sec. 3-806.5. Additional fees for personalized license | 16 |
| plates. For
registration periods commencing after December 31, | 17 |
| 2003, in addition to the
regular registration fee, an applicant | 18 |
| shall be charged $47 for each set of
personalized license | 19 |
| plates issued to a motor vehicle of the first division or
a | 20 |
| motor vehicle of the second division registered at not more | 21 |
| than 8,000 pounds
or to a recreational vehicle and $25 for each | 22 |
| set of personalized plates issued
to a motorcycle. In addition | 23 |
| to the regular renewal fee, an applicant shall be
charged $7 | 24 |
| for the renewal of each set of personalized license plates. Of |
|
|
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HB0293 |
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LRB095 04571 DRH 24625 b |
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| the
money received by the Secretary of State as additional fees | 2 |
| for personalized
license plates, 50% shall be deposited into | 3 |
| the Secretary of State Special
License Plate Fund and 50% shall | 4 |
| be deposited into the General Revenue Fund.
| 5 |
| (Source: P.A. 93-32, eff. 7-1-03.)
| 6 |
| (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
| 7 |
| Sec. 3-821. Miscellaneous Registration and Title Fees.
| 8 |
| (a) The fee to be paid to the Secretary of State for the | 9 |
| following
certificates, registrations or evidences of proper | 10 |
| registration, or for
corrected or duplicate documents shall be | 11 |
| in accordance with the following
schedule:
|
|
12 | | Certificate of Title, except for an all-terrain |
|
|
13 | | vehicle or off-highway motorcycle |
$65 |
|
14 | | Certificate of Title for an all-terrain vehicle |
|
|
15 | | or off-highway motorcycle |
$30 |
|
16 | | Certificate of Title for an all-terrain
vehicle |
|
|
17 | | or off-highway motorcycle used for production |
|
|
18 | | agriculture, or accepted by a dealer in trade | 13 |
|
19 | | Transfer of Registration or any evidence of |
|
|
20 | | proper registration
|
15 |
|
21 | | Duplicate Registration Card for plates or other |
|
|
22 | | evidence of proper registration |
3 |
|
23 | | Duplicate Registration Sticker or Stickers issued | 24 | | on or before February 28, 2005, each |
5
|
|
|
|
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LRB095 04571 DRH 24625 b |
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| 1 | |
Duplicate Registration Sticker or Stickers issued | 2 | | on or after March 1, 2005, each | 20 |
|
3 | | Duplicate Certificate of Title |
65 |
|
4 | | Corrected Registration Card or Card for other |
|
|
5 | | evidence of proper registration |
3 |
|
6 | | Corrected Certificate of Title |
65 |
|
7 | | Salvage Certificate |
4 |
|
8 | | Fleet Reciprocity Permit |
15 |
|
9 | | Prorate Decal |
1 |
|
10 | | Prorate Backing Plate |
3 |
|
11 | | Special Corrected Certificate of Title | 15
|
|
12 |
| A special corrected certificate of title shall be issued | 13 |
| (i) to remove a co-owner's name due to the death of the | 14 |
| co-owner or due to a divorce or (ii) to change a co-owner's | 15 |
| name due to a marriage.
| 16 |
| There shall be no fee paid for a Junking Certificate.
| 17 |
| (a-5) The Secretary of State may revoke a certificate of | 18 |
| title and registration card and issue a corrected certificate | 19 |
| of title and registration card, at no fee to the vehicle owner | 20 |
| or lienholder, if there is proof that the vehicle | 21 |
| identification number is erroneously shown on the original | 22 |
| certificate of title.
| 23 |
| (b) The Secretary may prescribe the maximum service charge | 24 |
| to be
imposed upon an applicant for renewal of a registration | 25 |
| by any person
authorized by law to receive and remit or | 26 |
| transmit to the Secretary such
renewal application and fees |
|
|
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| 1 |
| therewith.
| 2 |
| (c) If a check is delivered to the Office of the Secretary | 3 |
| of State
as payment of any fee or tax under this Code, and such | 4 |
| check is not
honored by the bank on which it is drawn for any | 5 |
| reason, the registrant
or other person tendering the check | 6 |
| remains liable for the payment of
such fee or tax. The | 7 |
| Secretary of State may assess a service charge of
$19
in | 8 |
| addition to the fee or tax due and owing for all dishonored
| 9 |
| checks.
| 10 |
| If the total amount then due and owing exceeds the sum of | 11 |
| $50 and
has not been paid in full within 60 days from the date | 12 |
| such fee or tax
became due to the Secretary of State, the | 13 |
| Secretary of State shall
assess a penalty of 25% of such amount | 14 |
| remaining unpaid.
| 15 |
| All amounts payable under this Section shall be computed to | 16 |
| the
nearest dollar.
| 17 |
| (d) The minimum fee and tax to be paid by any applicant for
| 18 |
| apportionment of a fleet of vehicles under this Code shall be | 19 |
| $15
if the application was filed on or before the date | 20 |
| specified by the
Secretary together with fees and taxes due. If | 21 |
| an application and the
fees or taxes due are filed after the | 22 |
| date specified by the Secretary,
the Secretary may prescribe | 23 |
| the payment of interest at the rate of 1/2
of 1% per month or | 24 |
| fraction thereof after such due date and a minimum of
$8.
| 25 |
| (e) Trucks, truck tractors, truck tractors with loads, and | 26 |
| motor buses,
any one of which having a combined total weight in |
|
|
|
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| 1 |
| excess of 12,000 lbs.
shall file an application for a Fleet | 2 |
| Reciprocity Permit issued by the
Secretary of State. This | 3 |
| permit shall be in the possession of any driver
operating a | 4 |
| vehicle on Illinois highways. Any foreign licensed vehicle of | 5 |
| the
second division operating at any time in Illinois without a | 6 |
| Fleet Reciprocity
Permit or other proper Illinois | 7 |
| registration, shall subject the operator to the
penalties | 8 |
| provided in Section 3-834 of this Code. For the purposes of | 9 |
| this
Code, "Fleet Reciprocity Permit" means any second division | 10 |
| motor vehicle with a
foreign license and used only in | 11 |
| interstate transportation of goods. The fee
for such permit | 12 |
| shall be $15 per fleet which shall include all
vehicles of the | 13 |
| fleet being registered.
| 14 |
| (f) For purposes of this Section, "all-terrain vehicle or | 15 |
| off-highway
motorcycle used for production agriculture" means | 16 |
| any all-terrain vehicle or
off-highway motorcycle used in the | 17 |
| raising
of or the propagation of livestock, crops for sale for | 18 |
| human consumption,
crops for livestock consumption, and | 19 |
| production seed stock grown for the
propagation of feed grains | 20 |
| and the husbandry of animals or for the purpose
of providing a | 21 |
| food product, including the husbandry of blood stock as a
main | 22 |
| source of providing a food product.
"All-terrain vehicle or | 23 |
| off-highway motorcycle used in production agriculture"
also | 24 |
| means any all-terrain vehicle or off-highway motorcycle used in | 25 |
| animal
husbandry, floriculture, aquaculture, horticulture, and | 26 |
| viticulture.
|
|
|
|
HB0293 |
- 32 - |
LRB095 04571 DRH 24625 b |
|
| 1 |
| (Source: P.A. 92-16, eff. 6-28-01; 93-840, eff. 7-30-04; | 2 |
| 93-1067, eff. 1-15-05.)
|
|
|
|
HB0293 |
- 33 - |
LRB095 04571 DRH 24625 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 625 ILCS 5/2-123 |
from Ch. 95 1/2, par. 2-123 |
| 4 |
| 625 ILCS 5/3-405.1 |
from Ch. 95 1/2, par. 3-405.1 |
| 5 |
| 625 ILCS 5/3-414 |
from Ch. 95 1/2, par. 3-414 |
| 6 |
| 625 ILCS 5/3-704 |
from Ch. 95 1/2, par. 3-704 |
| 7 |
| 625 ILCS 5/3-806.1 |
from Ch. 95 1/2, par. 3-806.1 |
| 8 |
| 625 ILCS 5/3-806.5 |
|
| 9 |
| 625 ILCS 5/3-821 |
from Ch. 95 1/2, par. 3-821 |
| |
|