HB0293 Engrossed LRB095 04571 DRH 24625 b

1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois 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:
 
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
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
13 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.
21     (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

 

 

HB0293 Engrossed - 2 - LRB095 04571 DRH 24625 b

1 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
7 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
11 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
16 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
19 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

 

 

HB0293 Engrossed - 3 - LRB095 04571 DRH 24625 b

1 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.
9     (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
14 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.
19     (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
24 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.

 

 

HB0293 Engrossed - 4 - LRB095 04571 DRH 24625 b

1     (e) (Blank).
2     (e-1) (Blank).
3     (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
12 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.
18     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
23 authenticated by Seal of the Secretary of State.
24     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.

 

 

HB0293 Engrossed - 5 - LRB095 04571 DRH 24625 b

1     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
7 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
11 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
15 exempt by rule and regulation.
16     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
21 Private Detective, Private Alarm, Private Security, and
22 Locksmith Act of 2004.
23     (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

 

 

HB0293 Engrossed - 6 - LRB095 04571 DRH 24625 b

1 registration record unless the information is disclosed for one
2 of the following purposes:
3         (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
7     functions.
8         (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.
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

 

 

HB0293 Engrossed - 7 - LRB095 04571 DRH 24625 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, and Locksmith Act of 1993, private investigative
22     agency or security service licensed in Illinois for any
23     purpose permitted under this subsection.
24         (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

 

 

HB0293 Engrossed - 8 - LRB095 04571 DRH 24625 b

1     313 of title 49 of the United States Code.
2         (10) For use in connection with the operation of
3     private toll transportation facilities.
4         (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.
7         (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.
11         (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
17 State in connection with a driver's license, vehicle, or title
18 registration record unless specifically authorized by this
19 Code.
20     (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

 

 

HB0293 Engrossed - 9 - LRB095 04571 DRH 24625 b

1     otherwise provided by this Code; convictions; orders
2     entered revoking, suspending or cancelling a driver's
3     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
8     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.
11         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
20     authenticated by the Seal of his office.
21         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.
24         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.

 

 

HB0293 Engrossed - 10 - LRB095 04571 DRH 24625 b

1         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,
5     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,
12     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.
16         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.
23         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

 

 

HB0293 Engrossed - 11 - LRB095 04571 DRH 24625 b

1     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
6     description as reflected on said driver's record.
7         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.
20         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
25     the use of a motor vehicle as contained in the current
26     file; whether such individual has, or previously had, a

 

 

HB0293 Engrossed - 12 - LRB095 04571 DRH 24625 b

1     driver's license; and the address and personal description
2     as reflected on said driver's record.
3         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
8     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.
18         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

 

 

HB0293 Engrossed - 13 - LRB095 04571 DRH 24625 b

1     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.
5     (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
16 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.

 

 

HB0293 Engrossed - 14 - LRB095 04571 DRH 24625 b

1     (i) (Blank).
2     (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
7 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.
10     (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
13 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
18 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.
21     (l) (Blank).
22     (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

 

 

HB0293 Engrossed - 15 - LRB095 04571 DRH 24625 b

1 disclosure of any notification of accident involvement to any
2 law enforcement agency or official.
3     (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.
21     (p) The Secretary of State is empowered to adopt rules to
22 effectuate this Section.
23 (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.)
 
25     (625 ILCS 5/3-405.1)  (from Ch. 95 1/2, par. 3-405.1)

 

 

HB0293 Engrossed - 16 - LRB095 04571 DRH 24625 b

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

 

 

HB0293 Engrossed - 17 - LRB095 04571 DRH 24625 b

1     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

 

 

HB0293 Engrossed - 18 - LRB095 04571 DRH 24625 b

1 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

 

 

HB0293 Engrossed - 19 - LRB095 04571 DRH 24625 b

1 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

 

 

HB0293 Engrossed - 20 - LRB095 04571 DRH 24625 b

1     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.

 

 

HB0293 Engrossed - 21 - LRB095 04571 DRH 24625 b

1     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

 

 

HB0293 Engrossed - 22 - LRB095 04571 DRH 24625 b

1 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

 

 

HB0293 Engrossed - 23 - LRB095 04571 DRH 24625 b

1 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

 

 

HB0293 Engrossed - 24 - LRB095 04571 DRH 24625 b

1 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;

 

 

HB0293 Engrossed - 25 - LRB095 04571 DRH 24625 b

1         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.

 

 

HB0293 Engrossed - 26 - LRB095 04571 DRH 24625 b

1     (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.

 

 

HB0293 Engrossed - 27 - LRB095 04571 DRH 24625 b

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

 

 

HB0293 Engrossed - 28 - LRB095 04571 DRH 24625 b

1 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
13vehicle or off-highway motorcycle$65
14    Certificate of Title for an all-terrain vehicle
15or off-highway motorcycle$30
16    Certificate of Title for an all-terrain vehicle
17or off-highway motorcycle used for production
18agriculture, or accepted by a dealer in trade13
19    Transfer of Registration or any evidence of
20proper registration 15
21    Duplicate Registration Card for plates or other
22evidence of proper registration3
23    Duplicate Registration Sticker or Stickers issued
24on or before February 28, 2005, each 5

 

 

HB0293 Engrossed - 29 - LRB095 04571 DRH 24625 b

1     Duplicate Registration Sticker or Stickers issued
2on or after March 1, 2005, each20
3    Duplicate Certificate of Title65
4    Corrected Registration Card or Card for other
5evidence of proper registration3
6    Corrected Certificate of Title65
7    Salvage Certificate4
8    Fleet Reciprocity Permit15
9    Prorate Decal1
10    Prorate Backing Plate3
11    Special Corrected Certificate of Title15
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

 

 

HB0293 Engrossed - 30 - LRB095 04571 DRH 24625 b

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

 

 

HB0293 Engrossed - 31 - LRB095 04571 DRH 24625 b

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 Engrossed - 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 Engrossed - 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