Illinois General Assembly - Full Text of HB2610
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Full Text of HB2610  100th General Assembly




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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other records
19    prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating



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1    to known or suspected cases of sexually transmissible
2    disease or any information the disclosure of which is
3    restricted under the Illinois Sexually Transmissible
4    Disease Control Act.
5        (e) Information the disclosure of which is exempted
6    under Section 30 of the Radon Industry Licensing Act.
7        (f) Firm performance evaluations under Section 55 of
8    the Architectural, Engineering, and Land Surveying
9    Qualifications Based Selection Act.
10        (g) Information the disclosure of which is restricted
11    and exempted under Section 50 of the Illinois Prepaid
12    Tuition Act.
13        (h) Information the disclosure of which is exempted
14    under the State Officials and Employees Ethics Act, and
15    records of any lawfully created State or local inspector
16    general's office that would be exempt if created or
17    obtained by an Executive Inspector General's office under
18    that Act.
19        (i) Information contained in a local emergency energy
20    plan submitted to a municipality in accordance with a local
21    emergency energy plan ordinance that is adopted under
22    Section 11-21.5-5 of the Illinois Municipal Code.
23        (j) Information and data concerning the distribution
24    of surcharge moneys collected and remitted by wireless
25    carriers under the Wireless Emergency Telephone Safety
26    Act.



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1        (k) Law enforcement officer identification information
2    or driver identification information compiled by a law
3    enforcement agency or the Department of Transportation
4    under Section 11-212 of the Illinois Vehicle Code.
5        (l) Records and information provided to a residential
6    health care facility resident sexual assault and death
7    review team or the Executive Council under the Abuse
8    Prevention Review Team Act.
9        (m) Information provided to the predatory lending
10    database created pursuant to Article 3 of the Residential
11    Real Property Disclosure Act, except to the extent
12    authorized under that Article.
13        (n) Defense budgets and petitions for certification of
14    compensation and expenses for court appointed trial
15    counsel as provided under Sections 10 and 15 of the Capital
16    Crimes Litigation Act. This subsection (n) shall apply
17    until the conclusion of the trial of the case, even if the
18    prosecution chooses not to pursue the death penalty prior
19    to trial or sentencing.
20        (o) Information that is prohibited from being
21    disclosed under Section 4 of the Illinois Health and
22    Hazardous Substances Registry Act.
23        (p) Security portions of system safety program plans,
24    investigation reports, surveys, schedules, lists, data, or
25    information compiled, collected, or prepared by or for the
26    Regional Transportation Authority under Section 2.11 of



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1    the Regional Transportation Authority Act or the St. Clair
2    County Transit District under the Bi-State Transit Safety
3    Act.
4        (q) Information prohibited from being disclosed by the
5    Personnel Records Review Act.
6        (r) Information prohibited from being disclosed by the
7    Illinois School Student Records Act.
8        (s) Information the disclosure of which is restricted
9    under Section 5-108 of the Public Utilities Act.
10        (t) All identified or deidentified health information
11    in the form of health data or medical records contained in,
12    stored in, submitted to, transferred by, or released from
13    the Illinois Health Information Exchange, and identified
14    or deidentified health information in the form of health
15    data and medical records of the Illinois Health Information
16    Exchange in the possession of the Illinois Health
17    Information Exchange Authority due to its administration
18    of the Illinois Health Information Exchange. The terms
19    "identified" and "deidentified" shall be given the same
20    meaning as in the Health Insurance Portability and
21    Accountability Act of 1996, Public Law 104-191, or any
22    subsequent amendments thereto, and any regulations
23    promulgated thereunder.
24        (u) Records and information provided to an independent
25    team of experts under Brian's Law.
26        (v) Names and information of people who have applied



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1    for or received Firearm Owner's Identification Cards under
2    the Firearm Owners Identification Card Act or applied for
3    or received a concealed carry license under the Firearm
4    Concealed Carry Act, unless otherwise authorized by the
5    Firearm Concealed Carry Act; and databases under the
6    Firearm Concealed Carry Act, records of the Concealed Carry
7    Licensing Review Board under the Firearm Concealed Carry
8    Act, and law enforcement agency objections under the
9    Firearm Concealed Carry Act.
10        (w) Personally identifiable information which is
11    exempted from disclosure under subsection (g) of Section
12    19.1 of the Toll Highway Act.
13        (x) Information which is exempted from disclosure
14    under Section 5-1014.3 of the Counties Code or Section
15    8-11-21 of the Illinois Municipal Code.
16        (y) Confidential information under the Adult
17    Protective Services Act and its predecessor enabling
18    statute, the Elder Abuse and Neglect Act, including
19    information about the identity and administrative finding
20    against any caregiver of a verified and substantiated
21    decision of abuse, neglect, or financial exploitation of an
22    eligible adult maintained in the Registry established
23    under Section 7.5 of the Adult Protective Services Act.
24        (z) Records and information provided to a fatality
25    review team or the Illinois Fatality Review Team Advisory
26    Council under Section 15 of the Adult Protective Services



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1    Act.
2        (aa) Information which is exempted from disclosure
3    under Section 2.37 of the Wildlife Code.
4        (bb) Information which is or was prohibited from
5    disclosure by the Juvenile Court Act of 1987.
6        (cc) Recordings made under the Law Enforcement
7    Officer-Worn Body Camera Act, except to the extent
8    authorized under that Act.
9        (dd) Information that is prohibited from being
10    disclosed under Section 45 of the Condominium and Common
11    Interest Community Ombudsperson Act.
12        (ee) (dd) Information that is exempted from disclosure
13    under Section 30.1 of the Pharmacy Practice Act.
14        (ff) Information that is prohibited from being
15    disclosed under Section 7-603.5 of the Illinois Vehicle
16    Code.
17(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
18eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
1999-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
2099-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
218-19-16; revised 9-1-16.)
22    Section 10. The Illinois Criminal Justice Information Act
23is amended by changing Section 7 as follows:
24    (20 ILCS 3930/7)  (from Ch. 38, par. 210-7)



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1    Sec. 7. Powers and Duties. The Authority shall have the
2following powers, duties and responsibilities:
3        (a) To develop and operate comprehensive information
4    systems for the improvement and coordination of all aspects
5    of law enforcement, prosecution and corrections;
6        (b) To define, develop, evaluate and correlate State
7    and local programs and projects associated with the
8    improvement of law enforcement and the administration of
9    criminal justice;
10        (c) To act as a central repository and clearing house
11    for federal, state and local research studies, plans,
12    projects, proposals and other information relating to all
13    aspects of criminal justice system improvement and to
14    encourage educational programs for citizen support of
15    State and local efforts to make such improvements;
16        (d) To undertake research studies to aid in
17    accomplishing its purposes;
18        (e) To monitor the operation of existing criminal
19    justice information systems in order to protect the
20    constitutional rights and privacy of individuals about
21    whom criminal history record information has been
22    collected;
23        (f) To provide an effective administrative forum for
24    the protection of the rights of individuals concerning
25    criminal history record information;
26        (g) To issue regulations, guidelines and procedures



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1    which ensure the privacy and security of criminal history
2    record information consistent with State and federal laws;
3        (h) To act as the sole administrative appeal body in
4    the State of Illinois to conduct hearings and make final
5    determinations concerning individual challenges to the
6    completeness and accuracy of criminal history record
7    information;
8        (i) To act as the sole, official, criminal justice body
9    in the State of Illinois to conduct annual and periodic
10    audits of the procedures, policies, and practices of the
11    State central repositories for criminal history record
12    information to verify compliance with federal and state
13    laws and regulations governing such information;
14        (j) To advise the Authority's Statistical Analysis
15    Center;
16        (k) To apply for, receive, establish priorities for,
17    allocate, disburse and spend grants of funds that are made
18    available by and received on or after January 1, 1983 from
19    private sources or from the United States pursuant to the
20    federal Crime Control Act of 1973, as amended, and similar
21    federal legislation, and to enter into agreements with the
22    United States government to further the purposes of this
23    Act, or as may be required as a condition of obtaining
24    federal funds;
25        (l) To receive, expend and account for such funds of
26    the State of Illinois as may be made available to further



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1    the purposes of this Act;
2        (m) To enter into contracts and to cooperate with units
3    of general local government or combinations of such units,
4    State agencies, and criminal justice system agencies of
5    other states for the purpose of carrying out the duties of
6    the Authority imposed by this Act or by the federal Crime
7    Control Act of 1973, as amended;
8        (n) To enter into contracts and cooperate with units of
9    general local government outside of Illinois, other
10    states' agencies, and private organizations outside of
11    Illinois to provide computer software or design that has
12    been developed for the Illinois criminal justice system, or
13    to participate in the cooperative development or design of
14    new software or systems to be used by the Illinois criminal
15    justice system. Revenues received as a result of such
16    arrangements shall be deposited in the Criminal Justice
17    Information Systems Trust Fund.
18        (o) To establish general policies concerning criminal
19    justice information systems and to promulgate such rules,
20    regulations and procedures as are necessary to the
21    operation of the Authority and to the uniform consideration
22    of appeals and audits;
23        (p) To advise and to make recommendations to the
24    Governor and the General Assembly on policies relating to
25    criminal justice information systems;
26        (q) To direct all other agencies under the jurisdiction



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1    of the Governor to provide whatever assistance and
2    information the Authority may lawfully require to carry out
3    its functions;
4        (r) To exercise any other powers that are reasonable
5    and necessary to fulfill the responsibilities of the
6    Authority under this Act and to comply with the
7    requirements of applicable federal law or regulation;
8        (s) To exercise the rights, powers and duties which
9    have been vested in the Authority by the "Illinois Uniform
10    Conviction Information Act", enacted by the 85th General
11    Assembly, as hereafter amended;
12        (t) (Blank); To exercise the rights, powers and duties
13    which have been vested in the Authority by the Illinois
14    Motor Vehicle Theft Prevention Act;
15        (u) To exercise the rights, powers, and duties vested
16    in the Authority by the Illinois Public Safety Agency
17    Network Act; and
18        (v) To provide technical assistance in the form of
19    training to local governmental entities within Illinois
20    requesting such assistance for the purposes of procuring
21    grants for gang intervention and gang prevention programs
22    or other criminal justice programs from the United States
23    Department of Justice.
24    The requirement for reporting to the General Assembly shall
25be satisfied by filing copies of the report with the Speaker,
26the Minority Leader and the Clerk of the House of



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1Representatives and the President, the Minority Leader and the
2Secretary of the Senate and the Legislative Research Unit, as
3required by Section 3.1 of "An Act to revise the law in
4relation to the General Assembly", approved February 25, 1874,
5as amended, and filing such additional copies with the State
6Government Report Distribution Center for the General Assembly
7as is required under paragraph (t) of Section 7 of the State
8Library Act.
9(Source: P.A. 97-435, eff. 1-1-12.)
10    Section 15. The Illinois Motor Vehicle Theft Prevention Act
11is amended by changing Sections 1, 2, 3, 4, 6, 7, 8, 8.5, and 12
12as follows:
13    (20 ILCS 4005/1)  (from Ch. 95 1/2, par. 1301)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 1. This Act shall be known as the Illinois Motor
16Vehicle Theft Prevention and Insurance Verification Act.
17(Source: P.A. 86-1408.)
18    (20 ILCS 4005/2)  (from Ch. 95 1/2, par. 1302)
19    (Section scheduled to be repealed on January 1, 2020)
20    Sec. 2. The purpose of this Act is to prevent, combat and
21reduce motor vehicle theft in Illinois; to improve and support
22motor vehicle theft law enforcement, prosecution and
23administration of motor vehicle theft and insurance



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1verification laws by establishing statewide planning
2capabilities for and coordination of financial resources.
3(Source: P.A. 86-1408.)
4    (20 ILCS 4005/3)  (from Ch. 95 1/2, par. 1303)
5    (Section scheduled to be repealed on January 1, 2020)
6    Sec. 3. As used in this Act:
7    (a) (Blank). "Authority" means the Illinois Criminal
8Justice Information Authority.
9    (b) "Council" means the Illinois Motor Vehicle Theft
10Prevention and Insurance Verification Council, established
11within the Authority by this Act.
12    (b-2) "Director" means the Director of the Secretary of
13State Department of Police.
14    (b-5) "Police" means the Secretary of State Department of
16    (b-7) "Secretary" means the Secretary of State.
17    (c) "Trust Fund" means the Motor Vehicle Theft Prevention
18and Insurance Verification Trust Fund.
19(Source: P.A. 86-1408.)
20    (20 ILCS 4005/4)  (from Ch. 95 1/2, par. 1304)
21    (Section scheduled to be repealed on January 1, 2020)
22    Sec. 4. There is hereby created within the Authority an
23Illinois Motor Vehicle Theft Prevention and Insurance
24Verification Council, which shall exercise its powers, duties



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1and responsibilities independently of the Authority. There
2shall be 11 members of the Council consisting of the Secretary
3of State or his designee, the Director of the Department of
4State Police, the State's Attorney of Cook County, the
5Superintendent of the Chicago Police Department, and the
6following 7 additional members, each of whom shall be appointed
7by the Secretary of State Governor: a state's attorney of a
8county other than Cook, a chief executive law enforcement
9official from a jurisdiction other than the City of Chicago, 5
10representatives of insurers authorized to write motor vehicle
11insurance in this State, all of whom shall be domiciled in this
13    The Director Governor from time to time shall be designate
14the Chairman of the Council from the membership. All members of
15the Council appointed by the Secretary Governor shall serve at
16the discretion of the Secretary Governor for a term not to
17exceed 4 years. The initial appointed members of the Council
18shall serve from January 1, 1991 until the third Monday in
19January, 1995 or until their successors are appointed. The
20Council shall meet at least quarterly.
21(Source: P.A. 89-277, eff. 8-10-95.)
22    (20 ILCS 4005/6)  (from Ch. 95 1/2, par. 1306)
23    (Section scheduled to be repealed on January 1, 2020)
24    Sec. 6. The Secretary Executive Director of the Authority
25shall employ, in accordance with the provisions of the Illinois



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1Personnel Code, such administrative, professional, clerical,
2and other personnel as may be required and may organize such
3staff as may be appropriate to effectuate the purposes of this
5(Source: P.A. 86-1408.)
6    (20 ILCS 4005/7)  (from Ch. 95 1/2, par. 1307)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 7. The Council shall have the following powers, duties
9and responsibilities:
10        (a) To apply for, solicit, receive, establish
11    priorities for, allocate, disburse, contract for, and
12    spend funds that are made available to the Council from any
13    source to effectuate the purposes of this Act.
14        (b) To make grants and to provide financial support for
15    federal and State agencies, units of local government,
16    corporations, and neighborhood, community and business
17    organizations to effectuate the purposes of this Act , to
18    deter and investigate recyclable metal theft, and to law
19    enforcement agencies to assist in the prosecution of
20    recyclable metal theft.
21        (c) To assess the scope of the problem of motor vehicle
22    theft, including particular areas of the State where the
23    problem is greatest and to conduct impact analyses of State
24    and local criminal justice policies, programs, plans and
25    methods for combating the problem.



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1        (d) To develop and sponsor the implementation of
2    statewide plans and strategies to combat motor vehicle
3    theft and to improve the administration of the motor
4    vehicle theft laws and provide an effective forum for
5    identification of critical problems associated with motor
6    vehicle theft.
7        (e) To coordinate the development, adoption and
8    implementation of plans and strategies relating to
9    interagency or intergovernmental cooperation with respect
10    to motor vehicle theft law enforcement.
11        (f) To adopt promulgate rules or regulations necessary
12    to ensure that appropriate agencies, units of government,
13    private organizations and combinations thereof are
14    included in the development and implementation of
15    strategies or plans adopted pursuant to this Act and to
16    adopt promulgate rules or regulations as may otherwise be
17    necessary to effectuate the purposes of this Act.
18        (g) To report annually, on or before January 1, 2019
19    April 1, 1992 to the Governor, General Assembly, and, upon
20    request, to members of the general public on the Council's
21    activities in the preceding year.
22        (h) To exercise any other powers that are reasonable,
23    necessary or convenient to fulfill its responsibilities,
24    to carry out and to effectuate the objectives and purposes
25    of the Council and the provisions of this Act, and to
26    comply with the requirements of applicable federal or State



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1    laws, rules, or regulations; provided, however, that these
2    such powers shall not include the power to subpoena or
3    arrest.
4        (i) To provide funding to the Secretary for the
5    creation, implementation, and maintenance of an electronic
6    motor vehicle liability insurance policy verification
7    program.
8(Source: P.A. 86-1408.)
9    (20 ILCS 4005/8)  (from Ch. 95 1/2, par. 1308)
10    (Section scheduled to be repealed on January 1, 2020)
11    Sec. 8. (a) A special fund is created in the State Treasury
12known as the Motor Vehicle Theft Prevention and Insurance
13Verification Trust Fund, which shall be administered by the
14Secretary Executive Director of the Authority at the direction
15of the Council. All interest earned from the investment or
16deposit of monies accumulated in the Trust Fund shall, pursuant
17to Section 4.1 of the State Finance Act, be deposited in the
18Trust Fund.
19    (b) Money deposited in this Trust Fund shall not be
20considered general revenue of the State of Illinois.
21    (c) Money deposited in the Trust Fund shall be used only to
22enhance efforts to effectuate the purposes of this Act as
23determined by the Council and shall not be appropriated, loaned
24or in any manner transferred to the General Revenue Fund of the
25State of Illinois.



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1    (d) Prior to April 1, 1991, and prior to April 1 of each
2year thereafter, each insurer engaged in writing private
3passenger motor vehicle insurance coverages which are included
4in Class 2 and Class 3 of Section 4 of the Illinois Insurance
5Code, as a condition of its authority to transact business in
6this State, may collect and shall pay into the Trust Fund an
7amount equal to $1.00, or a lesser amount determined by the
8Council, multiplied by the insurer's total earned car years of
9private passenger motor vehicle insurance policies providing
10physical damage insurance coverage written in this State during
11the preceding calendar year.
12    (e) Money in the Trust Fund shall be expended as follows:
13        (1) To pay the Secretary's Authority's costs to
14    administer the Council and the Trust Fund, but for this
15    purpose in an amount not to exceed 10% ten percent in any
16    one fiscal year of the amount collected pursuant to
17    paragraph (d) of this Section in that same fiscal year.
18        (2) To achieve the purposes and objectives of this Act,
19    which may include, but not be limited to, the following:
20            (A) To provide financial support to law
21        enforcement and correctional agencies, prosecutors,
22        and the judiciary for programs designed to reduce motor
23        vehicle theft and to improve the administration of
24        motor vehicle theft laws.
25            (B) To provide financial support for federal and
26        State agencies, units of local government,



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1        corporations and neighborhood, community or business
2        organizations for programs designed to reduce motor
3        vehicle theft and to improve the administration of
4        motor vehicle theft laws.
5            (C) To provide financial support to conduct
6        programs designed to inform owners of motor vehicles
7        about the financial and social costs of motor vehicle
8        theft and to suggest to those owners methods for
9        preventing motor vehicle theft.
10            (D) To provide financial support for plans,
11        programs and projects designed to achieve the purposes
12        of this Act.
13        (3) To provide funding to the Secretary's Vehicle
14    Services Department for the creation, implementation, and
15    maintenance of an electronic motor vehicle liability
16    insurance policy verification program by allocating no
17    more than 75% of each dollar collected for the first
18    calendar year after the effective date of this amendatory
19    Act of the 100th General Assembly and no more than 50% of
20    each dollar collected for every other year after the first
21    calendar year. The Secretary shall distribute the funds to
22    the Vehicle Services Department at the beginning of each
23    calendar year.
24    (f) Insurers contributing to the Trust Fund shall have a
25property interest in the unexpended money in the Trust Fund,
26which property interest shall not be retroactively changed or



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1extinguished by the General Assembly.
2    (g) In the event the Trust Fund were to be discontinued or
3the Council were to be dissolved by act of the General Assembly
4or by operation of law, then, notwithstanding the provisions of
5Section 5 of the State Finance Act, any balance remaining
6therein shall be returned to the insurers writing private
7passenger motor vehicle insurance in proportion to their
8financial contributions to the Trust Fund and any assets of the
9Council shall be liquidated and returned in the same manner
10after deduction of administrative costs.
11(Source: P.A. 88-452; 89-277, eff. 8-10-95.)
12    (20 ILCS 4005/8.5)
13    (Section scheduled to be repealed on January 1, 2020)
14    Sec. 8.5. State Police Motor Vehicle Theft Prevention Trust
15Fund. The State Police Motor Vehicle Theft Prevention Trust
16Fund is created as a trust fund in the State treasury. The
17State Treasurer shall be the custodian of the Trust Fund. The
18Trust Fund is established to receive funds from the Illinois
19Motor Vehicle Theft Prevention and Insurance Verification
20Council. All interest earned from the investment or deposit of
21moneys accumulated in the Trust Fund shall be deposited into
22the Trust Fund. Moneys in the Trust Fund shall be used by the
23Department of State Police for motor vehicle theft prevention
25(Source: P.A. 97-116, eff. 1-1-12.)



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1    (20 ILCS 4005/12)
2    Sec. 12. Repeal. Sections 1 through 9 and Section 11 are
3repealed January 1, 2025 2020.
4(Source: P.A. 99-251, eff. 1-1-16.)
5    Section 20. The State Finance Act is amended by changing
6Sections 5 and 5.295 as follows:
7    (30 ILCS 105/5)  (from Ch. 127, par. 141)
8    Sec. 5. Special funds.
9    (a) There are special funds in the State Treasury
10designated as specified in the Sections which succeed this
11Section 5 and precede Section 6.
12    (b) Except as provided in the Illinois Motor Vehicle Theft
13Prevention and Insurance Verification Act, when any special
14fund in the State Treasury is discontinued by an Act of the
15General Assembly, any balance remaining therein on the
16effective date of such Act shall be transferred to the General
17Revenue Fund, or to such other fund as such Act shall provide.
18Warrants outstanding against such discontinued fund at the time
19of the transfer of any such balance therein shall be paid out
20of the fund to which the transfer was made.
21    (c) When any special fund in the State Treasury has been
22inactive for 18 months or longer, the fund is automatically
23terminated by operation of law and the balance remaining in



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1such fund shall be transferred by the Comptroller to the
2General Revenue Fund. When a special fund has been terminated
3by operation of law as provided in this Section, the General
4Assembly shall repeal or amend all Sections of the statutes
5creating or otherwise referring to that fund.
6    The Comptroller shall be allowed the discretion to maintain
7or dissolve any federal trust fund which has been inactive for
818 months or longer.
9    (d) (Blank).
10    (e) (Blank).
11(Source: P.A. 90-372, eff. 7-1-98.)
12    (30 ILCS 105/5.295)  (from Ch. 127, par. 141.295)
13    Sec. 5.295. The Motor Vehicle Theft Prevention and
14Insurance Verification Trust Fund.
15(Source: P.A. 86-1408; 86-1475.)
16    Section 25. The Illinois Vehicle Code is amended by
17changing Sections 4-109, 7-604, and 7-607 and by adding Section
187-603.5 as follows:
19    (625 ILCS 5/4-109)
20    Sec. 4-109. Motor Vehicle Theft Prevention Program. The
21Secretary of State, in conjunction with the Motor Vehicle Theft
22Prevention and Insurance Verification Council, is hereby
23authorized to establish and operate a Motor Vehicle Theft



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1Prevention Program as follows:
2    (a) Voluntary program participation.
3    (b) The registered owner of a motor vehicle interested in
4participating in the program shall sign an informed consent
5agreement designed by the Secretary of State under subsection
6(e) of this Section indicating that the motor vehicle
7registered to him is not normally operated between the hours of
81:00 a.m. and 5:00 a.m. The form and fee, if any, shall be
9submitted to the Secretary of State for processing.
10    (c) Upon processing the form, the Secretary of State shall
11issue to the registered owner a decal. The registered owner
12shall affix the decal in a conspicuous place on his motor
13vehicle as prescribed by the Secretary of State.
14    (d) Whenever any law enforcement officer shall see a motor
15vehicle displaying a decal issued under the provisions of
16subsection (c) of this Section being operated upon the public
17highways of this State between the hours of 1:00 a.m. and 5:00
18a.m., the officer is authorized to stop that motor vehicle and
19to request the driver to produce a valid driver's license and
20motor vehicle registration card if required to be carried in
21the vehicle. Whenever the operator of a motor vehicle
22displaying a decal is unable to produce the documentation set
23forth in this Section, the police officer shall investigate
24further to determine if the person operating the motor vehicle
25is the registered owner or has the authorization of the owner
26to operate the vehicle.



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1    (e) The Secretary of State, in consultation with the
2Director of the Department of State Police and Motor Vehicle
3Theft Prevention and Insurance Verification Council, shall
4design the manner and form of the informed consent agreement
5required under subsection (b) of this Section and the decal
6required under subsection (c) of this Section.
7    (f) The Secretary of State shall provide for the recording
8of registered owners of motor vehicles who participate in the
9program. The records shall be available to all law enforcement
10departments, agencies, and forces. The Secretary of State shall
11cooperate with and assist all law enforcement officers and
12other agencies in tracing or examining any questionable motor
13vehicles in order to determine the ownership of the motor
15    (g) A fee not to exceed $10 may be charged for the informed
16consent form and decal provided under this Section. The fee, if
17any, shall be set by the Motor Vehicle Theft Prevention and
18Insurance Verification Council and shall be collected by the
19Secretary of State and deposited into the Motor Vehicle Theft
20Prevention and Insurance Verification Trust Fund.
21    (h) The Secretary of State, in consultation with the
22Director of the Department of State Police and the Motor
23Vehicle Theft Prevention and Insurance Verification Council
24shall promulgate rules and regulations to effectuate the
25purposes of this Section.
26(Source: P.A. 88-128; 88-684, eff. 1-24-95.)



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1    (625 ILCS 5/7-603.5 new)
2    Sec. 7-603.5. Electronic verification of a liability
3insurance policy.
4    (a) The Secretary may implement a program of electronic
5motor vehicle liability insurance policy verification for
6motor vehicles subject to Section 7-601 of this Code for the
7purpose of verifying whether or not the motor vehicle is
8insured. The development and implementation of the program
9shall be consistent with the standards and procedures of a
10nationwide organization whose primary membership consists of
11individual insurance companies and insurance trade
12associations. The program shall include, but is not limited to:
13        (1) a requirement that an insurance company authorized
14    to sell motor vehicle liability insurance in this State
15    shall make available, in a format designated by the
16    Secretary that is consistent with a nationwide
17    organization whose primary membership consists of
18    individual insurance companies and insurance trade
19    organizations, to the Secretary for each motor vehicle
20    liability insurance policy issued by the company the
21    following information:
22            (A) the name of the policy holder;
23            (B) the make, model, year, and vehicle
24        identification number of the covered motor vehicle;
25            (C) the policy number;



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1            (D) the policy effective date;
2            (E) the insurance company's National Association
3        of Insurance Commissioner's number; and
4            (F) any other information the Secretary deems
5        necessary to match an eligible vehicle with an
6        insurance policy;
7        (2) a method for searching motor vehicle liability
8    insurance policies issued and in effect in this State by
9    using the information under paragraph (1) of this
10    subsection (a);
11        (3) a requirement that at least twice per calendar
12    year, the Secretary shall verify the existence of a
13    liability insurance policy for every registered motor
14    vehicle subject to Section 7-601 of this Code; and if the
15    Secretary is unable to verify the existence of a liability
16    insurance policy, the Secretary shall, by U.S. mail or
17    electronic mail, send the vehicle owner a written notice
18    allowing the vehicle owner 30 calendar days to provide
19    proof of insurance on the date of attempted verification,
20    or to provide proof that the vehicle is no longer operable;
21        (4) a requirement that a vehicle owner who does not
22    provide proof of insurance or proof of an inoperable
23    vehicle under paragraph (3) of this subsection (a) shall be
24    in violation of Section 7-601 of this Code and the
25    Secretary shall suspend the vehicle's registration and the
26    owner shall pay any applicable reinstatement fees and shall



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1    provide proof of insurance before the Secretary may
2    reinstate the vehicle's registration under Section 7-606
3    of this Code;
4        (5) a requirement that if a vehicle owner provides
5    proof of insurance on the date of the attempted
6    verification under paragraph (3) of this subsection (1),
7    the Secretary may verify the vehicle owner's response by
8    furnishing necessary information to the insurance company.
9    Within 7 calendar days of receiving the information, the
10    insurance company shall confirm and notify the Secretary
11    the dates of the motor vehicle's insurance coverage. If the
12    insurance company does not confirm coverage for the date of
13    attempted verification, the Secretary shall suspend the
14    vehicle's registration and the owner of the vehicle shall
15    pay any applicable reinstatement fees and shall provide
16    proof of insurance before the Secretary may reinstate the
17    vehicle's registration under Section 7-606 of this Code;
18        (6) a requirement that the Secretary may consult with
19    members of the insurance industry during the
20    implementation of the program, including, but not limited
21    to, during the drafting process for adopting any rules that
22    may be necessary to implement or manage an electronic motor
23    vehicle liability insurance policy verification program;
24        (7) a requirement that commercial lines of automobile
25    insurance are excluded from the program, but may
26    voluntarily report insurance coverage to the State.



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1    (b) In addition to the semi-annual verification of
2liability insurance under subsection (a) of this Section, the
3Secretary may select monthly verification for a motor vehicle
4owned or registered by a person:
5        (1) whose motor vehicle registration during the
6    preceding 4 years has been suspended under Section 7-606 or
7    7-607 of this Code;
8        (2) who, during the preceding 4 years, has been
9    convicted of violating Section 3-707, 3-708, or 3-710 of
10    this Code while operating a vehicle owned by another
11    person;
12        (3) whose driving privileges have been suspended
13    during the preceding 4 years;
14        (4) who, during the preceding 4 years, acquired
15    ownership of a motor vehicle while the registration of the
16    vehicle under the previous owner was suspended under
17    Section 7-606 or 7-607 of this Code; or
18        (5) who, during the preceding 4 years, has received a
19    disposition of court supervision under subsection (c) of
20    Section 5-6-1 of the Unified Code of Corrections for a
21    violation of Section 3-707, 3-708, or 3-710 of this Code.
22    (c) Nothing in this Section provides the Secretary with
23regulatory authority over insurance companies.
24    (d) The Secretary may contract with a private contractor to
25carry out the Secretary's duties under this Section.
26    (e) Any information collected, stored, maintained, or



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1referred to under this Section shall be used solely for the
2purpose of verifying whether a registered motor vehicle meets
3the requirements of Section 7-601 of this Code and shall be
4exempt from a records request or from inspection and copying
5under the Freedom of Information Act. A request for release of
6verification of liability insurance policy information from
7the Secretary shall require a court order, subpoena, or the
8motor vehicle owner's approval.
9    (f) An insurer identified by an electronic motor vehicle
10liability insurance policy program as insuring less than 1,000
11vehicles per year shall be exempt from the reporting
12requirements under subsection (a) of this Section.
13    (g) The Secretary may adopt any rules necessary to
14implement this Section.
15    (625 ILCS 5/7-604)  (from Ch. 95 1/2, par. 7-604)
16    Sec. 7-604. Verification of liability insurance policy.
17    (a) The Secretary of State may select random samples of
18registrations of motor vehicles subject to Section 7-601 of
19this Code, or owners thereof, for the purpose of verifying
20whether or not the motor vehicles are insured.
21    In addition to such general random samples of motor vehicle
22registrations, the Secretary may select for verification other
23random samples, including, but not limited to registrations of
24motor vehicles owned by persons:
25        (1) whose motor vehicle registrations during the



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1    preceding 4 years have been suspended pursuant to Section
2    7-606 or 7-607 of this Code;
3        (2) who during the preceding 4 years have been
4    convicted of violating Section 3-707, 3-708 or 3-710 of
5    this Code while operating vehicles owned by other persons;
6        (3) whose driving privileges have been suspended
7    during the preceding 4 years;
8        (4) who during the preceding 4 years acquired ownership
9    of motor vehicles while the registrations of such vehicles
10    under the previous owners were suspended pursuant to
11    Section 7-606 or 7-607 of this Code; or
12        (5) who during the preceding 4 years have received a
13    disposition of supervision under subsection (c) of Section
14    5-6-1 of the Unified Code of Corrections for a violation of
15    Section 3-707, 3-708, or 3-710 of this Code.
16    (b) Upon receiving certification from the Department of
17Transportation under Section 7-201.2 of this Code of the name
18of an owner or operator of any motor vehicle involved in an
19accident, the Secretary may verify whether or not at the time
20of the accident such motor vehicle was covered by a liability
21insurance policy in accordance with Section 7-601 of this Code.
22    (c) In preparation for selection of random samples and
23their verification, the Secretary may send to owners of
24randomly selected motor vehicles, or to randomly selected motor
25vehicle owners, requests for information about their motor
26vehicles and liability insurance coverage. The request shall



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1require the owner to state whether or not the motor vehicle was
2insured on the verification date stated in the Secretary's
3request and the request may require, but is not limited to, a
4statement by the owner of the names and addresses of insurers,
5policy numbers, and expiration dates of insurance coverage.
6    (d) Within 30 days after the Secretary mails a request, the
7owner to whom it is sent shall furnish the requested
8information to the Secretary above the owner's signed
9affirmation that such information is true and correct. Proof of
10insurance in effect on the verification date, as prescribed by
11the Secretary, may be considered by the Secretary to be a
12satisfactory response to the request for information.
13    Any owner whose response indicates that his or her vehicle
14was not covered by a liability insurance policy in accordance
15with Section 7-601 of this Code shall be deemed to have
16registered or maintained registration of a motor vehicle in
17violation of that Section. Any owner who fails to respond to
18such a request shall be deemed to have registered or maintained
19registration of a motor vehicle in violation of Section 7-601
20of this Code.
21    (e) If the owner responds to the request for information by
22asserting that his or her vehicle was covered by a liability
23insurance policy on the verification date stated in the
24Secretary's request, the Secretary may conduct a verification
25of the response by furnishing necessary information to the
26insurer named in the response. The insurer shall within 45 days



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1inform the Secretary whether or not on the verification date
2stated the motor vehicle was insured by the insurer in
3accordance with Section 7-601 of this Code. The Secretary may
4by rule and regulation prescribe the procedures for
6    (f) No random sample selected under this Section shall be
7categorized on the basis of race, color, religion, sex,
8national origin, ancestry, age, marital status, physical or
9mental disability, economic status or geography.
10    (g) (Blank).
11    (h) This Section shall be inoperative upon of the effective
12date of the rules adopted by the Secretary to implement Section
137-603.5 of this Code.
14(Source: P.A. 98-787, eff. 7-25-14; 99-333, eff. 12-30-15 (see
15Section 15 of P.A. 99-483 for the effective date of changes
16made by P.A. 99-333); 99-737, eff. 8-5-16.)
17    (625 ILCS 5/7-607)  (from Ch. 95 1/2, par. 7-607)
18    Sec. 7-607. Submission of false proof - penalty. If the
19Secretary determines that the proof of insurance submitted by a
20motor vehicle owner under Section 7-603.5, 7-604, 7-605 or
217-606 of this Code is false, the Secretary shall suspend the
22owner's vehicle registration. The Secretary shall terminate
23the suspension 6 months after its effective date upon payment
24by the owner of a reinstatement fee of $200 and submission of
25proof of insurance as prescribed by the Secretary.



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1    All fees collected under this Section shall be disbursed
2under subsection (g) of Section 2-119 of this Code.
3(Source: P.A. 99-127, eff. 1-1-16.)



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2 Statutes amended in order of appearance
3    5 ILCS 140/7.5
4    20 ILCS 3930/7from Ch. 38, par. 210-7
5    20 ILCS 4005/1from Ch. 95 1/2, par. 1301
6    20 ILCS 4005/2from Ch. 95 1/2, par. 1302
7    20 ILCS 4005/3from Ch. 95 1/2, par. 1303
8    20 ILCS 4005/4from Ch. 95 1/2, par. 1304
9    20 ILCS 4005/6from Ch. 95 1/2, par. 1306
10    20 ILCS 4005/7from Ch. 95 1/2, par. 1307
11    20 ILCS 4005/8from Ch. 95 1/2, par. 1308
12    20 ILCS 4005/8.5
13    20 ILCS 4005/12
14    30 ILCS 105/5from Ch. 127, par. 141
15    30 ILCS 105/5.295from Ch. 127, par. 141.295
16    625 ILCS 5/4-109
17    625 ILCS 5/7-603.5 new
18    625 ILCS 5/7-604from Ch. 95 1/2, par. 7-604
19    625 ILCS 5/7-607from Ch. 95 1/2, par. 7-607