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Public Act 104-0682 |
| HB4843 Enrolled | LRB104 20543 LNS 34020 b |
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AN ACT concerning transportation. |
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly: |
Section 5. The Illinois Vehicle Code is amended by |
changing Sections 3-109, 3-412, 3-609, 3-701, 3-705, 3-801, |
4-105, 5-202, 5-701, 6-115, 6-118, 11-1301.2, and 12-610.2 as |
follows: |
(625 ILCS 5/3-109) (from Ch. 95 1/2, par. 3-109) |
Sec. 3-109. Registration without certificate of title; |
bond. If the Secretary of State is not satisfied as to the |
ownership of the vehicle, including, but not limited to, in |
the case of a manufactured home, a circumstance in which the |
manufactured home is covered by a Manufacturer's Statement of |
Origin that the owner of the manufactured home, after diligent |
search and inquiry, is unable to produce, or that there are no |
undisclosed security interests in it, the Secretary of State |
may register the vehicle but shall: |
(a) Withhold issuance of a certificate of title until |
the applicant presents documents reasonably sufficient to |
satisfy the Secretary of State as to the applicant's |
ownership of the vehicle and that there are no undisclosed |
security interests in it; |
(b) As a condition of issuing a certificate of title, |
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require the applicant to file with the Secretary of State |
a bond in the form prescribed by the Secretary of State and |
executed by the applicant, and either accompanied by the |
deposit of cash with the Secretary of State or also |
executed by a person authorized to conduct a surety |
business in this State. The bond shall be in an amount |
equal to one and one-half times the value of the vehicle as |
determined by the Secretary of State and conditioned to |
indemnify any prior owner and lienholder and any |
subsequent purchaser of the vehicle or person acquiring |
any security interest in it, and their respective |
successors in interest, against any expense, loss or |
damage, including reasonable attorney's fees, by reason of |
the issuance of the certificate of title of the vehicle or |
on account of any defect in or undisclosed security |
interest upon the right, title and interest of the |
applicant in and to the vehicle. Any such interested |
person has a right of action to recover on the bond for any |
breach of its conditions, but the aggregate liability of |
the surety to all persons shall not exceed the amount of |
the bond. The bond, and any deposit accompanying it, shall |
be returned at the end of 3 years or prior thereto if (i) |
the vehicle is no longer registered in this State and the |
currently valid certificate of title is surrendered to the |
Secretary of State or (ii) in the case of a certificate of |
title to a manufactured home, the currently valid |
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certificate of title is surrendered to the Secretary of |
State in accordance with Section 3-116.2; unless the |
Secretary of State has been notified of the pendency of an |
action to recover on the bond. Security deposited as a |
bond hereunder shall be placed by the Secretary of State |
in the custody of the State Treasurer; or |
(b-5) Require the applicant to file with the Secretary |
of State an application for a provisional title in the |
form prescribed by the Secretary and executed by the |
applicant, and accompanied by a $50 fee to be deposited in |
the CDLIS/AAMVAnet/NMVTIS Trust Fund. The Secretary shall |
designate by rule the documentation acceptable for an |
individual to apply for a provisional title. A provisional |
title shall be valid for 3 years and is nontransferable |
for the 3-year period. A provisional title shall be |
clearly marked and otherwise distinguished from a |
certificate of title. Three years after the issuance of a |
provisional title, the provisional title holder shall |
apply for the appropriate transferable transferrable title |
in the applicant's name. If a claim of ownership for the |
vehicle is brought against a holder of a provisional |
title, then the provisional title holder shall apply for a |
bond under subsection (b) of this Section for the amount |
of time remaining on the provisional title. A provisional |
title holder or an individual who asserts a claim to the |
motor vehicle may petition a circuit court of competent |
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jurisdiction for an order to determine the ownership of |
the vehicle. A provisional title shall not be available to |
individuals or entities that rebuild, repair, store, or |
tow vehicles or have a claim against the vehicle under the |
Labor and Storage Lien Act or the Labor and Storage Lien |
(Small Amount) Act. |
Security deposited as a bond hereunder shall be placed |
by the Secretary of State in the custody of the State |
Treasurer. |
During July, annually, the Secretary shall compile a list |
of all bonds on deposit, pursuant to this Section, for more |
than 3 years and concerning which he has received no notice as |
to the pendency of any judicial proceeding that could affect |
the disposition thereof. Thereupon, he shall promptly send a |
notice by certified mail to the last known address of each |
depositor advising him that his bond will be subject to |
escheat to the State of Illinois if not claimed within 30 days |
after the mailing date of such notice. At the expiration of |
such time, the Secretary of State shall file with the State |
Treasurer an order directing the transfer of such deposit to |
the Road Fund in the State Treasury. Upon receipt of such |
order, the State Treasurer shall make such transfer, after |
converting to cash any other type of security. Thereafter any |
person having a legal claim against such deposit may enforce |
it by appropriate proceedings in the Court of Claims subject |
to the limitations prescribed for such Court. At the |
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expiration of such limitation period such deposit shall |
escheat to the State of Illinois. |
(Source: P.A. 98-749, eff. 7-16-14; 98-777, eff. 1-1-15; |
99-78, eff. 7-20-15.) |
(625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412) |
Sec. 3-412. Registration plates or digital registration |
plates and registration stickers or digital registration |
stickers to be furnished by the Secretary of State. |
(a) The Secretary of State upon registering a vehicle |
subject to annual registration for the first time shall issue |
or shall cause to be issued to the owner one registration plate |
or digital registration plate for a motorcycle, trailer, |
semitrailer, moped, autocycle, or truck-tractor, 2 |
registration plates, or a digital registration plate and metal |
plate as set forth in Section 3-401.5, for other motor |
vehicles and, where applicable, current registration stickers |
or digital registration stickers for motor vehicles of the |
first division. The provisions of this Section may be made |
applicable to such vehicles of the second division, as the |
Secretary of State may, from time to time, in his discretion |
designate. On subsequent annual registrations during the term |
of the registration plate or digital registration plate as |
provided in Section 3-414.1, the Secretary shall issue or |
cause to be issued registration stickers or digital |
registration stickers as evidence of current registration. |
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However, the issuance of annual registration stickers or |
digital registration stickers to vehicles registered under the |
provisions of Sections 3-402.1 and 3-405.3 of this Code may |
not be required if the Secretary deems the issuance |
unnecessary. |
(b) Except as otherwise provided in this Code, the design |
and color of registration plates shall be wholly within the |
discretion of the Secretary of State. Every registration plate |
or digital registration plate shall have displayed upon it the |
registration number assigned to the vehicle for which it is |
issued, the name of this State, which may be abbreviated, the |
year number for which it was issued, which may be abbreviated, |
the phrase "Land of Lincoln" (except as otherwise provided in |
this Code), and such other letters or numbers as the Secretary |
may prescribe. However, for apportionment plates issued to |
vehicles registered under Section 3-402.1 and fleet plates |
issued to vehicles registered under Section 3-405.3, the |
phrase "Land of Lincoln" may be omitted to allow for the word |
"apportioned", the word "fleet", or other similar language to |
be displayed. Registration plates or digital registration |
plates issued to a vehicle registered as a fleet vehicle may |
display a designation determined by the Secretary. |
The Secretary may in his discretion prescribe that letters |
be used as prefixes only on registration plates or digital |
registration plates issued to vehicles of the first division |
which are registered under this Code and only as suffixes on |
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registration plates or digital registration plates issued to |
other vehicles. Every registration sticker or digital |
registration sticker issued as evidence of current |
registration shall designate the year number for which it is |
issued and such other letters or numbers as the Secretary may |
prescribe and shall be of a contrasting color with the |
registration plates or digital registration plates and |
registration stickers or digital registration stickers of the |
previous year. |
(c) Each registration plate or digital registration plate |
and the required letters and numerals thereon, except the year |
number for which issued, shall be of sufficient size to be |
plainly readable from a distance of 100 feet during daylight, |
and shall be coated with reflectorizing material. The |
dimensions of the plate issued to vehicles of the first |
division shall be 6 by 12 inches. |
(d) The Secretary of State shall issue for every passenger |
motor vehicle rented without a driver the same type of |
registration plates or digital registration plates as the type |
of plates issued for a private passenger vehicle. |
(e) The Secretary of State shall issue for every passenger |
car used as a taxicab or livery, distinctive registration |
plates or digital registration plates. |
(f) The Secretary of State shall issue for every |
motorcycle distinctive registration plates or digital |
registration plates distinguishing between motorcycles having |
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150 or more cubic centimeters piston displacement, or having |
less than 150 cubic centimeter piston displacement. |
(g) Registration plates or digital registration plates |
issued to vehicles for-hire may display a designation as |
determined by the Secretary that such vehicles are for-hire. |
(h) (Blank). |
(i) The Secretary of State shall issue for every public |
and private ambulance registration plates or digital |
registration plates identifying the vehicle as an ambulance. |
The Secretary shall forward to the Department of Healthcare |
and Family Services registration information for the purpose |
of verification of claims filed with the Department by |
ambulance owners for payment for services to public assistance |
recipients. |
(j) The Secretary of State shall issue for every public |
and private medical carrier or rescue vehicle livery |
registration plates or digital registration plates displaying |
numbers within ranges of numbers reserved respectively for |
medical carriers and rescue vehicles. The Secretary shall |
forward to the Department of Healthcare and Family Services |
registration information for the purpose of verification of |
claims filed with the Department by owners of medical carriers |
or rescue vehicles for payment for services to public |
assistance recipients. |
(k) The Secretary of State shall issue distinctive license |
plates or digital registration plates or distinctive license |
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plate stickers or digital registration stickers for every |
vehicle exempted from subsections (a) and (a-5) of Section |
12-503 by subsection (g) of that Section, and by subsection |
(g-5) of that Section before its deletion by this amendatory |
Act of the 95th General Assembly. The Secretary shall issue |
these plates or stickers immediately upon receiving the |
physician's certification required under subsection (g) of |
Section 12-503. New plates or stickers shall also be issued |
when the certification is renewed as provided in that |
subsection. |
(l) The Secretary of State shall issue distinctive |
registration plates or digital registration plates for |
low-speed vehicles. |
(m) The Secretary of State shall issue distinctive |
registration plates or digital registration plates for |
autocycles. The dimensions of the plate issued to autocycles |
shall be 4 by 7 inches. |
(Source: P.A. 101-395, eff. 8-16-19.) |
(625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609) |
Sec. 3-609. Plates for veterans with disabilities. |
(a) Any veteran who holds proof of a service-connected |
disability from the United States Department of Veterans |
Affairs, and who has obtained certification from a licensed |
physician, physician assistant, or advanced practice |
registered nurse that the service-connected disability |
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qualifies the veteran for issuance of registration plates or |
digital registration plates or decals to a person with |
disabilities in accordance with Section 3-616, may, without |
the payment of any registration fee, make application to the |
Secretary of State for license plates for veterans with |
disabilities displaying the international symbol of access, |
for the registration of one motor vehicle of the first |
division, one motorcycle, or one motor vehicle of the second |
division weighing not more than 8,000 pounds. |
(b) Any veteran who holds proof of a service-connected |
disability from the United States Department of Veterans |
Affairs, and whose degree of disability has been declared to |
be 50% or more, but whose disability does not qualify the |
veteran for a plate or decal for persons with disabilities |
under Section 3-616, may, without the payment of any |
registration fee, make application to the Secretary for a |
special registration plate or digital registration plate |
without the international symbol of access for the |
registration of one motor vehicle of the first division, one |
motorcycle, or one motor vehicle of the second division |
weighing not more than 8,000 pounds. |
(c) Renewal of such registration must be accompanied with |
documentation for eligibility of registration without fee |
unless the applicant has a permanent qualifying disability, |
and such registration plates or digital registration plates |
may not be issued to any person not eligible therefor. The |
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Illinois Department of Veterans Affairs may assist in |
providing the documentation of disability. |
(d) The design and color of the plates shall be within the |
discretion of the Secretary, except that the plates issued |
under subsection (b) of this Section shall not contain the |
international symbol of access. The Secretary may, in his or |
her discretion, allow the plates to be issued as vanity or |
personalized plates in accordance with Section 3-405.1 of this |
Code. Registration shall be for a multi-year period and may be |
issued staggered registration. |
(e) Any person eligible to receive license plates under |
this Section who has been approved for benefits under the |
Senior Citizens and Persons with Disabilities Property Tax |
Relief Act, or who has claimed and received a grant under that |
Act, shall pay the a fee specified under Section 3-806.3 of $24 |
instead of the fee otherwise provided in this Code for |
passenger cars displaying standard multi-year registration |
plates or digital registration plates issued under Section |
3-414.1, for motor vehicles registered at 8,000 pounds or less |
under Section 3-815(a), or for recreational vehicles |
registered at 8,000 pounds or less under Section 3-815(b), for |
a second set of plates under this Section. |
(f) With respect to the supporting documentation required |
to obtain a plate under this Section, the Secretary shall |
allow an applicant to redact information on the documentation |
that pertains to the nature of the applicant's health issue, |
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unless that information is necessary to confirm that the |
applicant's disability is service-connected or to establish |
the degree of the applicant's service-connected disability. |
(Source: P.A. 104-234, eff. 8-15-25.) |
(625 ILCS 5/3-701) (from Ch. 95 1/2, par. 3-701) |
Sec. 3-701. Operation of vehicles without evidence of |
registration - Operation under mileage plates when odometer |
broken or disconnected. |
(a) No person shall operate, nor shall an owner knowingly |
permit to be operated, except as provided in subsection (b) of |
this Section, a vehicle upon any highway unless there shall be |
attached thereto and displayed thereon when and as required by |
law, proper evidence of registration in Illinois, as follows: |
(1) A vehicle required to be registered in Illinois. A |
current and valid Illinois registration sticker or |
stickers and plate or plates or digital registration |
sticker or stickers and digital plate or plates, or an |
Illinois temporary registration permit, or a drive-away or |
in-transit permit, issued therefor by the Secretary of |
State. |
(2) A vehicle eligible for Reciprocity. A current and |
valid reciprocal foreign registration plate or digital |
registration plate or plates properly issued to such |
vehicle or a temporary registration issued therefor, by |
the reciprocal State, and, in addition, when required by |
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the Secretary, a current and valid Illinois Reciprocity |
Permit or Prorate Decal issued therefor by the Secretary |
of State; or except as otherwise expressly provided for in |
this Chapter. |
(3) A vehicle commuting for repairs in Illinois. A |
dealer plate issued by a foreign state shall exempt a |
vehicle from the requirements of this Section if the |
vehicle is being operated for the purpose of transport to |
a repair facility in Illinois to have repairs performed on |
the vehicle displaying foreign dealer plates. The driver |
of the motor vehicle bearing dealer plates shall provide a |
work order or contract with the repair facility to a law |
enforcement officer upon request. |
(b) A person may operate, or permit the operation of, a |
vehicle upon any highway a vehicle that has been properly |
registered but does not display a current and valid Illinois |
registration sticker or digital registration sticker if he or |
she has proof, in the form of a printed receipt from the |
Secretary, that he or she registered the vehicle but has not |
received a new registration sticker or digital registration |
sticker from the Secretary. This printed proof of registration |
is valid for 30 days from the expiration of the previous |
registration sticker's or digital registration sticker's date |
or 30 days from the purchase date of the new registration |
sticker or digital registration sticker, whichever occurs |
later. |
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(c) No person shall operate, nor shall any owner knowingly |
permit to be operated, any vehicle of the second division for |
which the owner has made an election to pay the mileage tax in |
lieu of the annual flat weight tax, at any time when the |
odometer of such vehicle is broken or disconnected, or is |
inoperable or not operating. |
(Source: P.A. 104-105, eff. 8-1-25.) |
(625 ILCS 5/3-705) (from Ch. 95 1/2, par. 3-705) |
Sec. 3-705. Suspending or revoking certificate or special |
plates of a manufacturer, engine and driveline component |
manufacturer, transporter, repossessor, tow truck or wrecker |
operator, or dealer. |
The Secretary of State is also authorized to suspend or |
revoke a certificate or the special plates issued to a |
manufacturer, engine and driveline component manufacturer, |
transporter, repossessor, tow truck or wrecker operator, or |
dealer upon determining that any such person is not lawfully |
entitled thereto or has made or knowingly permitted any |
illegal use of such plates or has committed fraud in the |
registration of vehicles or failed to give notices of |
transfers when and as required by this Chapter. |
(Source: P.A. 76-2139.) |
(625 ILCS 5/3-801) (from Ch. 95 1/2, par. 3-801) |
Sec. 3-801. Registration. |
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(a) Except as provided herein for new residents, every |
owner of any vehicle which shall be operated upon the public |
highways of this State shall, within 24 hours after becoming |
the owner or at such time as such vehicle becomes subject to |
registration under the provisions of this Act, file in an |
office of the Secretary of State, an application for |
registration properly completed and executed. New residents |
need not secure registration until 30 days after establishing |
residency in this State, provided the vehicle is properly |
registered in another jurisdiction. By the expiration of such |
30-day statutory grace period, a new resident shall comply |
with the provisions of this Act and apply for Illinois vehicle |
registration. All applications for registration shall be |
accompanied by all documentation required under the provisions |
of this Act. The appropriate registration fees and taxes |
provided for in this Article of this Chapter shall be paid to |
the Secretary of State with the application for registration |
of vehicles subject to registration under this Act. |
(b) Any resident of this State, who has been serving as a |
member or as a civilian employee of the United States Armed |
Services, or as a civilian employee of the United States |
Department of Defense, outside of the State of Illinois, need |
not secure registration until 45 days after returning to this |
State, provided the vehicle displays temporary military |
registration. |
(c) When an application is submitted by mail, the |
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applicant may not submit cash or postage stamps for payment of |
fees or taxes due. The Secretary in his discretion, may |
decline to accept a personal or company check or electronic |
payment in payment of fees or taxes. An application submitted |
to a dealer, or a remittance made to the Secretary of State |
shall be deemed in compliance with this Section. |
(d) For purposes of registration under this Code, no |
vehicle shall be registered in the name of a person who is not |
an owner or lessee of that vehicle. Any vehicle owner seeking |
to register a vehicle in this State must register that vehicle |
to a State address. This subsection is declarative of existing |
law and practice. |
(Source: P.A. 99-118, eff. 1-1-16; 99-324, eff. 1-1-16; |
99-642, eff. 7-28-16.) |
(625 ILCS 5/4-105) (from Ch. 95 1/2, par. 4-105) |
Sec. 4-105. Offenses relating to disposition of titles and |
registration. |
(a) It is a violation of this Chapter for: |
1. a person to alter, forge, or counterfeit any |
manufacturer's statement of origin, certificate of title, |
salvage certificate, junking certificate, license plate or |
digital license plate, display certificate, registration |
sticker or digital registration sticker, registration |
card, or temporary registration permit; |
2. a person to alter, forge, or counterfeit an |
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assignment of any manufacturer's statement of origin, |
certificate of title, salvage certificate or junking |
certificate; |
3. a person to alter, forge, or counterfeit a release |
of a security interest on any manufacturer's statement of |
origin, certificate of title, salvage certificate or |
junking certificate; |
4. a person to alter, forge, or counterfeit an |
application for any certificate of title, salvage |
certificate, junking certificate, display certificate, |
registration sticker or digital registration sticker, |
registration card, temporary registration permit or |
license plate; |
5. a person to use a false or fictitious name or |
address or altered, forged, counterfeited or stolen |
manufacturer's identification number, or make a material |
false statement, or fail to disclose a security interest, |
or conceal any other material fact on any application for |
any manufacturer's statement of origin, certificate of |
title, junking certificate, salvage certificate, |
registration card, license plate or digital license plate, |
temporary registration permit, or registration sticker or |
digital registration sticker, or commit a fraud in |
connection with any application under this Act; |
6. an unauthorized person to have in his possession a |
blank Illinois certificate of title paper; |
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7. a person to surrender or cause to be surrendered |
any certificate of title, salvage or junking certificate |
in exchange for a certificate of title or other title |
document from any other state or foreign jurisdiction for |
the purpose of changing or deleting an "S.V." or "REBUILT" |
notation, odometer reading, or any other information |
contained on such Illinois certificate. |
(b) Sentence. A person convicted of a violation of this |
Section shall be guilty of a Class 2 felony. |
(Source: P.A. 101-395, eff. 8-16-19; 102-558, eff. 8-20-21.) |
(625 ILCS 5/5-202) (from Ch. 95 1/2, par. 5-202) |
Sec. 5-202. Tow or Wrecker operators must register tow or |
wrecker vehicles. |
(a) No person in this State shall engage in the business of |
operating a tow truck or wrecker or operate a tow or wrecker |
vehicle until such person shall register any vehicle to be |
used for such purpose and apply for and receive from the |
Secretary of State a generally distinctive set of 3 "tow |
truck" plates for any towing or wrecker vehicle operated by |
him. |
(b) An application for registration for a generally |
distinctive set of 3 "tow truck" plates under this Article |
shall be filed with the Secretary of State, duly verified by |
oath and in such form as the Secretary of State may by rule or |
regulation prescribe and shall contain the name and business |
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address of such person, the vehicle identification number of |
the vehicle for which such application is made, proof of |
insurance as set forth in paragraph (d) of Section 12-606 of |
this Code, and such other information concerning the business |
of the applicant as the Secretary of State may by rule or |
regulation prescribe. |
(c) The application for registration and a generally |
distinctive set of 3 "tow truck" plates shall be accompanied |
by the prescribed fee. Upon payment of such fee, such |
registration and application shall be filed and recorded in |
the office of the Secretary of State. Thereupon the Secretary |
of State shall assign and issue to such person a generally |
distinctive number for each vehicle and without further |
expense to him shall deliver to such person at his place of |
business address one set of 3 "tow truck" plates. Such "tow |
truck" plates shall be used by such person only on the vehicle |
for which application was made and the vehicle being towed, |
and are not transferable. |
(d) All "tow truck" plates granted under this Section |
shall expire by operation of law on December 31 of the calendar |
year for which they are granted unless sooner suspended or |
revoked under the provisions of Section 5-501 of this Chapter |
or Article VII of Chapter 3 of this Code. |
(e) One "tow truck" plate shall be attached to the front |
and rear of each registered vehicle, and one "tow truck" plate |
shall be attached to the rear of the vehicle being towed unless |
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the towed vehicle displays a valid registration plate or |
digital registration plate visible from the rear while being |
towed, so that the numbers and letter on the plate are clearly |
visible to any person following the vehicle being towed. |
However, illumination of the rear plate required by subsection |
(c) of Section 12-201 of this Code shall not apply to the third |
plate displayed on the towed vehicle. In addition, the vehicle |
registration plates or digital registration plates assigned to |
the vehicle being towed shall be displayed as provided in |
Section 3-413 of this Code. |
(Source: P.A. 101-395, eff. 8-16-19.) |
(625 ILCS 5/5-701) (from Ch. 95 1/2, par. 5-701) |
Sec. 5-701. Vehicle auctioneers to be licensed. |
(a) No person, other than a licensed new vehicle dealer, a |
licensed used vehicle dealer, or municipality, shall engage in |
this State in the business of auctioning vehicles, for more |
than one owner, at auction or shall offer to sell, solicit or |
advertise the sale of a vehicle at auction without first |
acquiring a commercial vehicle auctioneer license from the |
Secretary of State under the provisions of this Section. A |
vehicle auction licensee shall be entitled thereunder to sell, |
solicit, and advertise the sale of used vehicles belonging to |
others at auction. |
(b) An application for a vehicle auctioneer license shall |
be filed with the Secretary of State, duly verified by oath, in |
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such form as the Secretary of State may by rule or regulation |
prescribe and shall contain: |
1. The name and type of business organization established |
and the address of the place of business; |
2. If the applicant is a corporation, a list of its |
officers and directors, setting forth the residence address of |
each; if the applicant is a sole proprietorship, a |
partnership, an unincorporated association, trust or any |
similar form of business organization, the names and residence |
addresses of the proprietor or of each partner, member, |
officer, director, trustee, manager and shareholder having 10% |
or greater ownership interest in the corporation; |
3. A statement that the applicant has been approved for |
registration under the Retailers' Occupation Tax Act, approved |
June 28, 1933, as amended, by the Department of Revenue. |
However, this requirement does not apply to licensee who is |
already licensed hereunder with the Secretary of State, and |
who is merely applying for a renewal of his license. As |
evidence of this fact, the application shall be accompanied by |
a certification from the Department of Revenue showing that |
the Department has approved the applicant for registration |
under the Retailers' Occupation Tax Act; |
4. A statement that the applicant has complied with the |
bonding requirements of the "Retailers' Occupation Tax Act", |
approved June 28, 1933, as amended. As evidence of this fact, |
the application shall be accompanied by a certification from |
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the Department of Revenue showing that the applicant is in |
compliance with the bonding requirements of the "Retailers' |
Occupation Tax Act" or that the applicant is not required to be |
bonded with the Department of Revenue under the "Retailers' |
Occupation Tax Act"; |
5. Such other information concerning the business of the |
applicant as the Secretary of State may by rule or regulation |
prescribe; |
6. An application for a vehicle auctioneer license shall |
be accompanied by the following license fees: $50 for |
applicant's place of business plus $25 for each additional |
place of business, if any, to which the application pertains, |
provided, however, that if such an application is made after |
July 1 of any year, the license fee shall be $25 for |
applicant's place of business plus $12.50 for each additional |
place of business, if any, to which the application pertains. |
License fees shall be returnable only in the event that such |
application shall be denied by the Secretary of State. |
7. A statement that the licensee has irrevocably consented |
to the appointment of the Secretary of State as its agent for |
service of process with the State of Illinois. Said service of |
process shall be accomplished as provided in Section 10-301 of |
the Illinois Vehicle Code. |
(c) Any change which renders no longer accurate any |
information contained in any application for a vehicle |
auctioneer shall be amended within thirty days after the |
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occurrence of each change on such form as the Secretary of |
State may prescribe by rule or regulation, accompanied by an |
amendatory fee of $2. |
(d) Anything in this Chapter to the contrary |
notwithstanding, no person shall be licensed as a vehicle |
auctioneer unless such person shall maintain a place of |
business as defined in this Chapter. |
(e) The Secretary of State shall, within a reasonable time |
after receipt, examine an application submitted to him under |
this Section. Unless the Secretary makes a determination that |
the application submitted to him does not conform to this |
Section or that grounds exist for a denial of the application |
under Section 5-501 of this Chapter, he must grant the |
applicant an original vehicle auctioneer license in writing |
for his place of business and a supplemental license in |
writing for each additional place of business, in such form as |
he may prescribe by rule or regulation which shall include the |
following: |
1. The name of the person licensed; |
2. If a corporation, the name and address of its officers |
or if a sole proprietorship, a partnership, an unincorporated |
association or any similar form of business organization, the |
name and address of the proprietor or of each partner, member, |
officer, director, trustee or manager; |
3. Complete address of the place of business of the |
licensee; |
|
4. In the case of supplemental license, the place of |
business of the licensee and the place of business to which |
such supplemental license pertains. |
(f) The appropriate instruments evidencing the license or |
a certified copy thereof, provided by the Secretary of State |
shall be kept posted, conspicuously, in the place of business |
of the licensee within the State and in each additional place |
of business, if any, maintained by such licensee. |
(g) Except as provided in subsection (h) of this Section, |
all vehicle auctioneer licenses granted under this Section |
expire on December 31 of the calendar year for which they are |
granted unless sooner revoked under Section 5-501 of this |
Chapter. |
(h) a vehicle auctioneer license may be renewed upon |
application and payment of the fee required herein, and |
submission of proof of coverage by an approved bond under the |
"Retailers' Occupation Tax Act" or proof that applicant is not |
subject to such bonding requirements, as in the case of an |
original license, but in case an application for the renewal |
of an effective license is made during the month of December, |
the effective license shall remain in force until the |
application for renewal is granted or denied by the Secretary |
of State. |
(i) Each person licensed as a vehicle auctioneer or a |
licensed new or used car dealer when auctioning vehicles is |
required to furnish each purchaser of a motor vehicle the |
|
following: |
1. A certificate of title properly assigned to the |
purchaser. If no assignable title is available, the dealer |
must apply for Illinois title for the purpose of assigning |
title pursuant to this Section; |
2. A statement verified under oath that all identifying |
numbers on the vehicle agree with those on the certificate of |
title; |
3. A bill of sale properly executed on behalf of such |
person. |
(Source: P.A. 85-1396.) |
(625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115) |
Sec. 6-115. Expiration of driver's license. |
(a) Except as provided elsewhere in this Section, every |
driver's license issued under the provisions of this Code |
shall expire 4 years from the date of its issuance, or at such |
later date, as the Secretary of State may by proper rule and |
regulation designate, not to exceed 12 calendar months; in the |
event that an applicant for renewal of a driver's license |
fails to apply prior to the expiration date of the previous |
driver's license, the renewal driver's license shall expire 4 |
years from the expiration date of the previous driver's |
license, or at such later date as the Secretary of State may by |
proper rule and regulation designate, not to exceed 12 |
calendar months. |
|
The Secretary of State may, however, issue to a person not |
previously licensed as a driver in Illinois a driver's license |
which will expire not less than 4 years nor more than 5 years |
from date of issuance, except as provided elsewhere in this |
Section. |
(a-3) Beginning no later than July 1, 2028 2027, the |
Secretary shall offer to qualified applicants the option to be |
issued an 8-year driver's license. The Secretary shall submit |
proposed rules to implement this subsection to the Joint |
Committee on Administrative Rules no later than January 1, |
2028 2027. |
(a-5) Every driver's license issued under this Code to an |
applicant who is not a United States citizen or permanent |
resident, or an individual who has an approved application for |
asylum in the United States or has entered the United States in |
refugee status, shall expire on whichever is the earlier date |
of the following: |
(1) as provided under subsection (a), (f), (g), or (i) |
of this Section; |
(2) on the date the applicant's authorized stay in the |
United States terminates; or |
(3) if the applicant's authorized stay is indefinite |
and the applicant is applying for a Limited Term REAL ID |
compliant driver's license, one year from the date of |
issuance of the license. |
(a-10) Every REAL ID compliant driver's license issued |
|
under this Code to an applicant who is not a United States |
citizen or permanent resident, or an individual who has an |
approved application for asylum in the United States or has |
entered the United States in refugee status, shall be marked |
"Limited Term". |
(b) Before the expiration of a driver's license, except |
those licenses expiring on the individual's 21st birthday, or |
3 months after the individual's 21st birthday, the holder |
thereof may apply for a renewal thereof, subject to all the |
provisions of Section 6-103, and the Secretary of State may |
require an examination of the applicant. A licensee whose |
driver's license expires on his 21st birthday, or 3 months |
after his 21st birthday, may not apply for a renewal of his |
driving privileges until he reaches the age of 21. |
(c) The Secretary of State shall, 30 days prior to the |
expiration of a driver's license, forward to each person whose |
license is to expire a notification of the expiration of said |
license which may be presented at the time of renewal of said |
license. |
There may be included with such notification information |
explaining the anatomical gift and Emergency Medical |
Information Card provisions of Section 6-110. The format and |
text of such information shall be prescribed by the Secretary. |
There shall be included with such notification, for a |
period of 4 years beginning January 1, 2000 information |
regarding the Illinois Adoption Registry and Medical |
|
Information Exchange established in Section 18.1 of the |
Adoption Act. |
(d) The Secretary may defer the expiration of the driver's |
license of a licensee, spouse, and dependent children who are |
living with such licensee while on active duty, serving in the |
Armed Forces of the United States outside of the State of |
Illinois, and 120 days thereafter, upon such terms and |
conditions as the Secretary may prescribe. |
(d-5) The Secretary may defer the expiration of the |
driver's license of a licensee, or of a spouse or dependent |
children living with the licensee, serving as a civilian |
employee of the United States Armed Forces or the United |
States Department of Defense, outside of the State of |
Illinois, and 120 days thereafter, upon such terms and |
conditions as the Secretary may prescribe. |
(e) The Secretary of State may decline to process a |
renewal of a driver's license of any person who has not paid |
any fee or tax due under this Code and is not paid upon |
reasonable notice and demand. |
(f) The Secretary shall provide that each original or |
renewal driver's license issued to a licensee under 21 years |
of age shall expire 3 months after the licensee's 21st |
birthday. Persons whose current driver's licenses expire on |
their 21st birthday on or after January 1, 1986 shall not renew |
their driver's license before their 21st birthday, and their |
current driver's license will be extended for an additional |
|
term of 3 months beyond their 21st birthday. Thereafter, the |
expiration and term of the driver's license shall be governed |
by subsection (a) hereof. |
(g) The Secretary shall provide that each original or |
renewal driver's license issued to a licensee 81 years of age |
through age 86 shall expire 2 years from the date of issuance, |
or at such later date as the Secretary may by rule and |
regulation designate, not to exceed an additional 12 calendar |
months. The Secretary shall also provide that each original or |
renewal driver's license issued to a licensee 87 years of age |
or older shall expire 12 months from the date of issuance, or |
at such later date as the Secretary may by rule and regulation |
designate, not to exceed an additional 12 calendar months. |
(h) The Secretary of State shall provide that each special |
restricted driver's license issued under subsection (g) of |
Section 6-113 of this Code shall expire 12 months from the date |
of issuance. The Secretary shall adopt rules defining renewal |
requirements. |
(i) The Secretary of State shall provide that each |
driver's license issued to a person convicted of a sex offense |
as defined in Section 2 of the Sex Offender Registration Act |
shall expire 12 months from the date of issuance or at such |
date as the Secretary may by rule designate, not to exceed an |
additional 12 calendar months. The Secretary may adopt rules |
defining renewal requirements. |
(Source: P.A. 102-659, eff. 1-1-22; 103-872, eff. 1-1-25.) |
|
(625 ILCS 5/6-118) |
Sec. 6-118. Fees. |
(a) The fees for licenses and permits under this Article |
are as follows: |
Original 4-year driver's license......................$30 |
Original 8-year driver's license issued under |
subsection (a-3) of Section 6-115.................$60 |
Original or renewal driver's license issued |
to 18, 19, and 20 year olds....................... $5 |
All driver's licenses for persons |
age 69 through age 80............................. $5 |
All driver's licenses for persons |
age 81 through age 86............................. $2 |
All driver's licenses for persons |
age 87 or older....................................$0 |
Renewal 4-year driver's license (except for |
applicants age 69 and older)......................$30 |
Renewal 8-year driver's license issued under |
subsection (a-3) of Section 6-115 (except |
for applicants age 69 and older)..................$60 |
Original instruction permit issued to |
persons (except those age 69 and older) |
who do not hold or have not previously |
held an Illinois instruction permit or |
driver's license................................. $20 |
|
Instruction permit issued to any person |
holding an Illinois driver's license |
who wishes a change in classifications, |
other than at the time of renewal................. $5 |
Any instruction permit issued to a person |
age 69 and older.................................. $5 |
Instruction permit issued to any person, |
under age 69, not currently holding a |
valid Illinois driver's license or |
instruction permit but who has |
previously been issued either document |
in Illinois...................................... $10 |
Restricted driving permit............................. $8 |
Monitoring device driving permit..................... $8 |
Duplicate or corrected driver's license |
or permit......................................... $5 |
Duplicate or corrected restricted |
driving permit.................................... $5 |
Duplicate or corrected monitoring |
device driving permit............................. $5 |
Duplicate driver's license or permit issued to |
an active-duty member of the |
United States Armed Forces, |
the member's spouse, or |
the dependent children living |
with the member.................................. $0 |
|
Original or renewal M or L endorsement................ $5 |
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE |
The fees for commercial driver licenses and permits |
under Article V shall be as follows: |
Commercial driver's license: |
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; |
$20 for the Motor Carrier Safety Inspection Fund; |
$10 for the driver's license; |
and $24 for the CDL:............................. $60 |
Renewal commercial driver's license: |
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; |
$20 for the Motor Carrier Safety Inspection Fund; |
$10 for the driver's license; and |
$24 for the CDL:................................. $60 |
Commercial learner's permit |
issued to any person holding a valid |
Illinois driver's license for the |
purpose of changing to a |
CDL classification: |
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; |
$20 for the Motor Carrier Safety Inspection Fund; and |
$24 for the CDL classification................... $50 |
Commercial learner's permit |
issued to any person holding a valid |
Illinois CDL for the purpose of |
making a change in a classification, |
|
endorsement or restriction........................ $5 |
CDL duplicate or corrected license.................... $5 |
In order to ensure the proper implementation of the |
Uniform Commercial Driver License Act, Article V of this |
Chapter, the Secretary of State is empowered to prorate the |
$24 fee for the commercial driver's license proportionate to |
the expiration date of the applicant's Illinois driver's |
license. |
The fee for any duplicate license or permit shall be |
waived for any person who presents the Secretary of State's |
office with a police report showing that his license or permit |
was stolen. |
The fee for any duplicate license or permit shall be |
waived for any person age 60 or older whose driver's license or |
permit has been lost or stolen. |
No additional fee shall be charged for a driver's license, |
or for a commercial driver's license, when issued to the |
holder of an instruction permit for the same classification or |
type of license who becomes eligible for such license. |
The fee for a restricted driving permit under this |
subsection (a) shall be imposed annually until the expiration |
of the permit. |
(a-5) The fee for a driver's record or data contained |
therein is $20 and shall be disbursed as set forth in |
subsection (k) of Section 2-123 of this Code. |
(b) Any person whose license or privilege to operate a |
|
motor vehicle in this State has been suspended or revoked |
under Section 3-707, any provision of Chapter 6, Chapter 11, |
or Section 7-205, 7-303, or 7-702 of the Illinois Safety and |
Family Financial Responsibility Law of this Code, shall in |
addition to any other fees required by this Code, pay a |
reinstatement fee as follows: |
Suspension under Section 3-707..................... $100 |
Suspension under Section 11-1431....................$100 |
Summary suspension under Section 11-501.1...........$250 |
Suspension under Section 11-501.9...................$250 |
Summary revocation under Section 11-501.1............$500 |
Other suspension......................................$70 |
Revocation...........................................$500 |
However, any person whose license or privilege to operate |
a motor vehicle in this State has been suspended or revoked for |
a second or subsequent time for a violation of Section 11-501, |
11-501.1, or 11-501.9 of this Code or a similar provision of a |
local ordinance or a similar out-of-state offense or Section |
9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 |
and each suspension or revocation was for a violation of |
Section 11-501, 11-501.1, or 11-501.9 of this Code or a |
similar provision of a local ordinance or a similar |
out-of-state offense or Section 9-3 of the Criminal Code of |
1961 or the Criminal Code of 2012 shall pay, in addition to any |
other fees required by this Code, a reinstatement fee as |
follows: |
|
Summary suspension under Section 11-501.1............$500 |
Suspension under Section 11-501.9...................$500 |
Summary revocation under Section 11-501.1............$500 |
Revocation...........................................$500 |
(c) All fees collected under the provisions of this |
Chapter 6 shall be disbursed under subsection (g) of Section |
2-119 of this Code, except as follows: |
1. The following amounts shall be paid into the |
Drivers Education Fund: |
(A) $16 of the $20 fee for an original driver's |
instruction permit; |
(B) one-sixth of the fee for an original driver's |
license; |
(C) one-sixth of the fee for a renewal driver's |
license; |
(D) $4 of the $8 fee for a restricted driving |
permit; and |
(E) $4 of the $8 fee for a monitoring device |
driving permit. |
2. $30 of the $250 fee for reinstatement of a license |
summarily suspended under Section 11-501.1 or suspended |
under Section 11-501.9 shall be deposited into the Drunk |
and Drugged Driving Prevention Fund. However, for a person |
whose license or privilege to operate a motor vehicle in |
this State has been suspended or revoked for a second or |
subsequent time for a violation of Section 11-501, |
|
11-501.1, or 11-501.9 of this Code or Section 9-3 of the |
Criminal Code of 1961 or the Criminal Code of 2012, $190 of |
the $500 fee for reinstatement of a license summarily |
suspended under Section 11-501.1 or suspended under |
Section 11-501.9, and $190 of the $500 fee for |
reinstatement of a revoked license shall be deposited into |
the Drunk and Drugged Driving Prevention Fund. $190 of the |
$500 fee for reinstatement of a license summarily revoked |
pursuant to Section 11-501.1 shall be deposited into the |
Drunk and Drugged Driving Prevention Fund. |
3. $6 of the original or renewal fee for a commercial |
driver's license and $6 of the commercial learner's permit |
fee when the permit is issued to any person holding a valid |
Illinois driver's license, shall be paid into the |
CDLIS/AAMVAnet/NMVTIS Trust Fund. |
4. $30 of the $70 fee for reinstatement of a license |
suspended under the Illinois Safety and Family Financial |
Responsibility Law shall be paid into the Family |
Responsibility Fund. |
5. The $5 fee for each original or renewal M or L |
endorsement shall be deposited into the Cycle Rider Safety |
Training Fund. |
6. $20 of any original or renewal fee for a commercial |
driver's license or commercial learner's permit shall be |
paid into the Motor Carrier Safety Inspection Fund. |
7. The following amounts shall be paid into the |
|
General Revenue Fund: |
(A) $190 of the $250 reinstatement fee for a |
summary suspension under Section 11-501.1 or a |
suspension under Section 11-501.9; |
(B) $40 of the $70 reinstatement fee for any other |
suspension provided in subsection (b) of this Section; |
and |
(C) $440 of the $500 reinstatement fee for a first |
offense revocation and $310 of the $500 reinstatement |
fee for a second or subsequent revocation. |
8. Fees collected under paragraph (4) of subsection |
(d) and subsection (h) of Section 6-205 of this Code; |
subparagraph (C) of paragraph 3 of subsection (c) of |
Section 6-206 of this Code; and paragraph (4) of |
subsection (a) of Section 6-206.1 of this Code, shall be |
paid into the funds set forth in those Sections. |
(d) All of the proceeds of the additional fees imposed by |
Public Act 96-34 shall be deposited into the Capital Projects |
Fund. |
(e) The additional fees imposed by Public Act 96-38 shall |
become effective 90 days after becoming law. The additional |
fees imposed by Public Act 103-8 shall become effective July |
1, 2023 and shall be paid into the Secretary of State Special |
Services Fund. |
(f) As used in this Section, "active-duty member of the |
United States Armed Forces" means a member of the Armed |
|
Services or Reserve Forces of the United States or a member of |
the Illinois National Guard who is called to active duty |
pursuant to an executive order of the President of the United |
States, an act of the Congress of the United States, or an |
order of the Governor. |
(Source: P.A. 103-8, eff. 7-1-23; 103-605, eff. 7-1-24; |
103-872, eff. 1-1-25; 104-417, eff. 8-15-25; 104-435, eff. |
11-21-25.) |
(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2) |
Sec. 11-1301.2. Special decals for parking; persons with |
disabilities. |
(a) The Secretary of State shall provide for, by |
administrative rules, the design, size, color, and placement |
of a person with disabilities motorist decal or device and |
shall provide for, by administrative rules, the content and |
form of an application for a person with disabilities motorist |
decal or device, which shall be used by local authorities in |
the issuance thereof to a person with temporary disabilities, |
provided that the decal or device is valid for no more than 90 |
days, subject to renewal for like periods based upon continued |
disability, and further provided that the decal or device |
clearly sets forth the date that the decal or device expires. |
The application shall include the requirement of an Illinois |
Identification Card number or a State of Illinois driver's |
license number or, if the applicant does not have an |
|
identification card or driver's license number, then the |
applicant may use a valid identification number issued by a |
branch of the U.S. military or a federally issued Medicare or |
Medicaid identification number. This decal or device may be |
used by the authorized holder to designate and identify a |
vehicle not owned or displaying a registration plate or |
digital registration plate as provided in Sections 3-609 and |
3-616 of this Act to designate when the vehicle is being used |
to transport said person or persons with disabilities, and |
thus is entitled to enjoy all the privileges that would be |
afforded a person with disabilities licensed vehicle. Person |
with disabilities decals or devices issued and displayed |
pursuant to this Section shall be recognized and honored by |
all local authorities regardless of which local authority |
issued such decal or device. |
The decal or device shall be issued only upon a showing by |
adequate documentation that the person for whose benefit the |
decal or device is to be used has a disability as defined in |
Section 1-159.1 of this Code and the disability is temporary. |
(a-5) The Secretary may provide a disabilities motorist |
decal or device to an expectant mother during her third |
trimester. An application under this subsection is subject to |
application requirements under subsection (a). The decal or |
device shall be valid for no more than 90 days, and shall |
clearly set forth the date that the decal or device expires. |
The decal or device shall be issued only upon a showing by |
|
adequate documentation that the expectant mother has entered |
her third trimester. |
(b) The local governing authorities shall be responsible |
for the provision of such decal or device, its issuance and |
designated placement within the vehicle. The cost of such |
decal or device shall be at the discretion of such local |
governing authority. |
(c) The Secretary of State may, pursuant to Section |
3-616(c), issue a person with disabilities parking decal or |
device to a person with disabilities as defined by Section |
1-159.1. Any person with disabilities parking decal or device |
issued by the Secretary of State shall be registered to that |
person with disabilities in the form to be prescribed by the |
Secretary of State. The person with disabilities parking decal |
or device shall not display that person's address. One |
additional decal or device may be issued to an applicant upon |
his or her written request and with the approval of the |
Secretary of State. The written request must include a |
justification of the need for the additional decal or device. |
(c-5) Beginning January 1, 2014, the Secretary shall |
provide by administrative rule for the issuance of a separate |
and distinct parking decal or device for persons with |
disabilities as defined by Section 1-159.1 of this Code and |
who meet the qualifications under this subsection. The |
authorized holder of a decal or device issued under this |
subsection (c-5) shall be exempt from the payment of fees |
|
generated by parking in a metered space, a parking area |
subject to paragraph (10) of subsection (a) of Section 11-209 |
of this Code, or a publicly owned parking area. |
The Secretary shall issue a meter-exempt decal or device |
to a person with disabilities who: (i) has been issued |
registration plates or digital registration plates under |
subsection (a) of Section 3-609 or Section 3-616 of this Code |
or a special decal or device under this Section, (ii) holds a |
valid Illinois driver's license, and (iii) is unable to do one |
or more of the following: |
(1) manage, manipulate, or insert coins, or obtain |
tickets or tokens in parking meters or ticket machines in |
parking lots, due to the lack of fine motor control of both |
hands; |
(2) reach above his or her head to a height of 42 |
inches from the ground, due to a lack of finger, hand, or |
upper extremity strength or mobility; |
(3) approach a parking meter due to his or her use of a |
wheelchair or other device for mobility; or |
(4) walk more than 20 feet due to an orthopedic, |
neurological, cardiovascular, or lung condition in which |
the degree of debilitation is so severe that it almost |
completely impedes the ability to walk. |
The application for a meter-exempt parking decal or device |
shall contain a statement certified by a licensed physician, |
physician assistant, or advanced practice registered nurse |
|
attesting to the permanent nature of the applicant's condition |
and verifying that the applicant meets the physical |
qualifications specified in this subsection (c-5). |
Notwithstanding the requirements of this subsection (c-5), |
the Secretary shall issue a meter-exempt decal or device to a |
person who has been issued registration plates or digital |
registration plates under Section 3-616 of this Code or a |
special decal or device under this Section, if the applicant |
is: (i) the parent of a person with disabilities who is under |
18 years of age and incapable of driving; or (ii) the legal |
guardian of a person with disabilities who is under 18 years of |
age and incapable of driving. |
(d) Replacement decals or devices may be issued for lost, |
stolen, or destroyed decals upon application and payment of a |
$10 fee. The replacement fee may be waived for individuals |
that have claimed and received a grant under the Senior |
Citizens and Persons with Disabilities Property Tax Relief |
Act. |
(e) A person classified as a veteran under subsection (e) |
of Section 6-106 of this Code that has been issued a decal or |
device under this Section shall not be required to submit |
evidence of disability in order to renew that decal or device |
if, at the time of initial application, he or she submitted |
evidence from his or her physician or the Department of |
Veterans Affairs that the disability is of a permanent nature. |
However, the Secretary shall take reasonable steps to ensure |
|
the veteran still resides in this State at the time of the |
renewal. These steps may include requiring the veteran to |
provide additional documentation or to appear at a Secretary |
of State facility. To identify veterans who are eligible for |
this exemption, the Secretary shall compare the list of the |
persons who have been issued a decal or device to the list of |
persons who have been issued a vehicle registration plate or |
digital registration plate for veterans with disabilities |
under Section 3-609 of this Code, or who are identified as a |
veteran on their driver's license under Section 6-110 of this |
Code or on their identification card under Section 4 of the |
Illinois Identification Card Act. |
(Source: P.A. 104-234, eff. 8-15-25.) |
(625 ILCS 5/12-610.2) |
Sec. 12-610.2. Electronic communication devices. |
(a) As used in this Section: |
"Electronic communication device" means an electronic |
device, including, but not limited to, a hand-held wireless |
telephone, hand-held personal digital assistant, tablet, or a |
portable or mobile computer, or artificial intelligence smart |
glasses, but does not include a global positioning system or |
navigation system or a device that is physically or |
electronically integrated into the motor vehicle. |
(b) A person may not operate a motor vehicle on a roadway |
while using an electronic communication device, including |
|
using an electronic communication device to watch or stream |
video, participate in any video conferencing application, |
including, but not limited to, Zoom, Microsoft Teams, or |
WebEx, or access any social media site, including, but not |
limited to, Facebook, Snapchat, Instagram, or X Twitter. The |
exemptions in paragraphs (3) and (9) of subsection (d) do not |
apply when a person is using the electronic communication |
device to watch or stream video, participate in any video |
conferencing application, or access any social media site. |
(b-5) A person commits aggravated use of an electronic |
communication device when he or she violates subsection (b) |
and in committing the violation he or she is involved in a |
motor vehicle crash that results in great bodily harm, |
permanent disability, disfigurement, or death to another and |
the violation is a proximate cause of the injury or death. |
(c) A violation of this Section is an offense against |
traffic regulations governing the movement of vehicles. A |
person who violates this Section shall be fined a maximum of |
$75 for a first offense, $100 for a second offense, $125 for a |
third offense, and $150 for a fourth or subsequent offense, |
except that a person who violates subsection (b-5) shall be |
assessed a minimum fine of $1,000. |
(d) This Section does not apply to: |
(1) a law enforcement officer or operator of an |
emergency vehicle while performing his or her official |
duties; |
|
(1.5) a first responder, including a volunteer first |
responder, while operating his or her own personal motor |
vehicle using an electronic communication device for the |
sole purpose of receiving information about an emergency |
situation while en route to performing his or her official |
duties; |
(2) a driver using an electronic communication device |
for the sole purpose of reporting an emergency situation |
and continued communication with emergency personnel |
during the emergency situation; |
(3) a driver using an electronic communication device, |
except for artificial intelligence smart glasses, in |
hands-free or voice-operated mode, which may include the |
use of a headset; |
(4) a driver of a commercial motor vehicle reading a |
message displayed on a permanently installed communication |
device designed for a commercial motor vehicle with a |
screen that does not exceed 10 inches tall by 10 inches |
wide in size; |
(5) a driver using an electronic communication device |
while parked on the shoulder of a roadway; |
(6) a driver using an electronic communication device, |
except for artificial intelligence smart glasses, when the |
vehicle is stopped due to normal traffic being obstructed |
and the driver has the motor vehicle transmission in |
neutral or park; |
|
(7) a driver using two-way or citizens band radio |
services; |
(8) a driver using two-way mobile radio transmitters |
or receivers for licensees of the Federal Communications |
Commission in the amateur radio service; |
(9) a driver using an electronic communication device |
by pressing a single button to initiate or terminate a |
voice communication; or |
(10) a driver using an electronic communication device |
capable of performing multiple functions, other than a |
hand-held wireless telephone or hand-held personal digital |
assistant (for example, a fleet management system, |
dispatching device, citizens band radio, or music player) |
for a purpose that is not otherwise prohibited by this |
Section. |
(e) A person convicted of violating subsection (b-5) |
commits a Class A misdemeanor if the violation resulted in |
great bodily harm, permanent disability, or disfigurement to |
another. A person convicted of violating subsection (b-5) |
commits a Class 4 felony if the violation resulted in the death |
of another person. |
(Source: P.A. 102-558, eff. 8-20-21; 102-982, eff. 7-1-23; |
103-310, eff. 1-1-24.) |
Section 99. Effective date. This Act takes effect upon |
becoming law. |