(625 ILCS 5/2-108) (from Ch. 95 1/2, par. 2-108)
Sec. 2-108.
Authority to certify copies of records.
The Secretary of State is hereby authorized to prepare under the seal of
the Secretary of State certified copies of any records of his office and
every such certified copy shall be admissible in any proceeding in any
court in like manner as the original thereof.
(Source: P.A. 76-1586.)
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(625 ILCS 5/2-109) (from Ch. 95 1/2, par. 2-109)
Sec. 2-109.
Records of Secretary of State.
The Secretary of State may destroy any records of his office relating to
the administration of any laws relating to the use and operation of motor
vehicles the enforcement and administration of which are vested in him, if
such records have been maintained on file for 4 years. Such records may be
destroyed prior thereto with the approval of the State Records Commission.
(Source: P.A. 76-1586.)
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(625 ILCS 5/2-109.1)
Sec. 2-109.1. Exchange of information.
(a) The Secretary of State shall exchange information with the
Department of Healthcare and Family Services which may be necessary for
the establishment of
paternity and the establishment, modification, and enforcement of child
support orders pursuant to
the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support
Act, the Uniform Interstate Family Support
Act, the Illinois Parentage Act of 1984, or the Illinois Parentage Act of 2015.
(b) Notwithstanding any provisions in this Code to the
contrary, the Secretary of State shall not be liable
to any person for any disclosure of information to the
Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) under subsection (a)
or for any
other action taken in good faith to comply with the requirements of
subsection (a).
(Source: P.A. 99-85, eff. 1-1-16.)
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(625 ILCS 5/2-110) (from Ch. 95 1/2, par. 2-110)
Sec. 2-110. Authority to grant or refuse applications.
The Secretary of State shall examine and determine the genuineness,
regularity and legality of every application for registration of a vehicle,
for a certificate of title therefor, and for a driver's license and of any
other application lawfully made to the Secretary of State, and may in all
cases make investigation
and verify the information and the authenticity of the documents submitted
as may be deemed necessary or require additional
information, and shall reject any such application if not satisfied of the
genuineness, regularity or legality thereof or the truth of any statement
contained therein, or for any other reason, when authorized by law.
(Source: P.A. 93-895, eff. 1-1-05.)
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(625 ILCS 5/2-111) (from Ch. 95 1/2, par. 2-111) Sec. 2-111. Seizure or confiscation of documents and plates.
(a) The Secretary of State or any law enforcement entity is
authorized to take possession of any certificate of title, registration
card, permit, license, registration plate or digital registration plate, plates, disability
license plate or parking decal or device, or registration sticker or digital registration sticker
issued by the Secretary upon expiration, revocation, cancellation, or suspension thereof,
or which is fictitious, or which has been unlawfully or erroneously issued.
Police officers who have seized such items shall return the items to the Secretary of State in a manner and form set forth by the Secretary in administrative rule to take possession of such item or items.
(b) The Secretary of State is authorized to confiscate any suspected
fraudulent,
fictitious, or altered documents submitted by an applicant in support of an
application for
a driver's license or permit.
(Source: P.A. 101-185, eff. 1-1-20; 101-395, eff. 8-16-19; 102-558, eff. 8-20-21.)
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(625 ILCS 5/2-112) (from Ch. 95 1/2, par. 2-112)
Sec. 2-112. Distribution of synopsis laws.
(a) The Secretary of State may publish a synopsis or summary of the laws of
this State regulating the operation of vehicles and may deliver a copy
thereof without charge with each original vehicle registration and with
each original driver's license.
(b) The Secretary of State shall make any necessary revisions in its publications including, but not limited to, the Illinois Rules of the Road, to accurately conform its publications to the provisions of the Pedestrians with Disabilities Safety Act. (c) The Secretary of State shall include, in the Illinois Rules of the Road publication, information advising drivers to use the Dutch Reach method when opening a vehicle door after parallel parking on a street (checking the rear-view mirror, checking the side-view mirror, then opening the door with the right hand, thereby reducing the risk of injuring a bicyclist or opening the door in the path a vehicle approaching from behind). (d) The Secretary of State shall include, in the Illinois
Rules of the Road publication, information advising drivers to
use the zipper merge method when merging into a reduced number
of lanes (drivers in merging lanes are expected to use both
lanes to advance to the lane reduction point and merge at that
location, alternating turns). (e) The Secretary of State, in consultation with the Illinois State Police, shall include in the Illinois
Rules of the Road publication a description of law enforcement procedures during traffic stops and the actions that a motorist should take during a traffic stop, including appropriate interactions with law enforcement officers. (f) The Secretary of State shall include, in the Illinois Rules of Road publication, information advising drivers on best practices related to stranded motorists. This may include, but is not limited to, how to safely pull the vehicle out of traffic, activating hazard lights, when to remain in a vehicle, how to safely exit a stranded vehicle, where to find a safe place outside the stranded vehicle, and emergency numbers to call for assistance. (Source: P.A. 102-455, eff. 1-1-22; 103-249, eff. 1-1-24.)
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(625 ILCS 5/2-113) (from Ch. 95 1/2, par. 2-113)
Sec. 2-113.
Secretary of State may subpoena witnesses and request the production of
books and records.
(a) The Secretary of State, or employees designated by him, may request
the production of pertinent books, records, letters, contracts or other
pertinent documents of any person licensed or required to be licensed or
registered under any chapter of this Act, for the purpose of investigations
or audits, which in the opinion of the Secretary of State, are necessary
and proper for the enforcement of this Act and the collection of any fees
or taxes required to be paid under this Act.
(b) For the purpose of all hearings which in the opinion of the
Secretary of State are necessary and proper for the enforcement of this
Act, the Secretary of State, or a person designated by him is empowered to
administer oaths and affirmations, subpoena witnesses, take evidence, and
require the production of any books, papers or other documents which the
Secretary of State, or a person designated by him, deems relevant or
material to the inquiry. Any circuit court of this State, upon application
by the Secretary of State and upon a proper showing may order the
attendance of witnesses, the production of books, papers, accounts and
documents and the giving of testimony before the Secretary of State, or a
person designated by him; and any failure to obey such order may be
punished by such circuit court as a contempt thereof. The fees of
subpoenaed witnesses under this Act for attendance and travel shall be the
same as fees of witnesses before the circuit courts of the State, such fees
to be paid when the witness is excused from further attendance, provided,
such witness is subpoenaed at the instance of the Secretary of State; and
payment of such fees shall be made and audited in the same manner as other
expenses of the Secretary of State. Whenever a subpoena is issued at the
request of a complainant or respondent or defendant as the case may be, the
Secretary of State may require that the cost of service and the fee of the
witness shall be borne by the party at whose instance the witness is
summoned. The Secretary of State shall have power in his discretion, to
require a deposit to cover the cost of such service and witness fees and
the payment of the legal witness fee and mileage to the witness served with
subpoena. A subpoena issued under the provisions of this Act shall be
served in the same manner as a subpoena issued out of a court.
(Source: P.A. 77-1541.)
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(625 ILCS 5/2-114) (from Ch. 95 1/2, par. 2-114)
Sec. 2-114. Giving of notice.
Whenever the Secretary of State is authorized or required to give any
notice under this Act or other law regulating the operation of vehicles,
unless a different method of giving such notice is otherwise expressly
prescribed, such notice shall be given either by personal delivery thereof
to the person to be so notified or by deposit in the United States mail of
such notice in an envelope with postage prepaid, addressed to such person
at his address as shown by the records of the Office of the Secretary of
State. The giving of notice by mail is complete upon the expiration of 4
days after such deposit of said notice. Proof of the giving of notice in
either such manner may be made by the certificate of any officer or
employee of the Secretary of State or affidavit of any person over 18 years
of age, naming the person to whom such notice was given and specifying the
time, place and manner of the giving thereof.
The Secretary may include with the notice any material, from any source, relating to the donation of any vehicle to any charitable not-for-profit organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code.
(Source: P.A. 93-796, eff. 7-22-04.)
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(625 ILCS 5/2-115) (from Ch. 95 1/2, par. 2-115)
Sec. 2-115. Investigators.
(a) The Secretary of State, for the purpose
of
more effectively carrying out the provisions of the laws in relation to
motor vehicles, shall have power to appoint such number of investigators as
he may deem necessary. It shall be the duty of such investigators to
investigate and enforce violations of the provisions of this
Act administered by the Secretary of State and provisions of Chapters 11,
12, 13, 14, and 15 and to investigate and report any violation by any person
who operates as a motor carrier of property as defined in Section 18-100 of
this Act and does not hold a valid certificate or permit. Such investigators
shall have and may exercise throughout the State all of the powers of
peace officers.
No person may be retained in service as an investigator under this
Section after he or she has reached 60 years of age, except for a person employed in the title of Capitol Police Investigator, in which case, that person may not be retained in service after that person has reached 65 years of age.
The Secretary of State must authorize to each investigator employed under
this
Section and to any other employee of the Office of the Secretary of State
exercising the
powers of a peace officer a distinct badge that, on its face, (i) clearly
states that the
badge is authorized by
the Office of the Secretary of State and (ii) contains a unique identifying
number.
No other badge shall be authorized by
the Office of the Secretary of State.
(b) The Secretary may expend such sums as he deems necessary from
Contractual
Services appropriations for the Department of Police
for the purchase of evidence, for the employment of persons to obtain
evidence, and for the payment for any goods or services related to
obtaining evidence. Such sums shall be advanced to investigators authorized by
the
Secretary to expend funds, on vouchers signed by the Secretary. In
addition, the Secretary of State is authorized to maintain one or more
commercial checking accounts with any State banking corporation or
corporations organized under or subject to the Illinois Banking Act for the
deposit and withdrawal of moneys to be used solely for the purchase of
evidence and for the employment of persons to obtain evidence, or for the
payment for any goods or services related to obtaining evidence; provided
that no check may be written on nor any withdrawal made from any such
account except on the written signatures of 2 persons designated by the
Secretary to write such checks and make such withdrawals, and provided
further that the balance of moneys on deposit in any such account shall not
exceed $5,000 at any time, nor shall any one check written on or single
withdrawal made from any such account exceed $5,000.
All fines or moneys collected or received by the Department of Police under
any State or federal forfeiture statute; including, but not limited to moneys
forfeited under Section 12 of the Cannabis Control Act, moneys forfeited under Section 85 of the Methamphetamine Control and Community Protection Act,
and moneys distributed
under Section 413 of the Illinois Controlled Substances Act, shall be deposited
into the Secretary of State Evidence Fund.
In all convictions for offenses in violation of this Act, the Court may
order restitution to the Secretary of any or all sums expended for the
purchase of evidence, for the employment of persons to obtain evidence,
and for the payment for any goods or services related to obtaining evidence.
All such restitution received by the Secretary shall be deposited into the
Secretary of State Evidence Fund. Moneys deposited into the fund shall,
subject to appropriation, be used by the Secretary of State for the
purposes provided for under the provisions of this Section.
(Source: P.A. 100-201, eff. 8-18-17; 101-610, eff. 1-1-20.)
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(625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)
Sec. 2-116. Secretary of State Department of Police.
(a) The Secretary of State and the officers, inspectors, and
investigators appointed by him shall cooperate with the Illinois State Police and
the sheriffs and police in enforcing the laws regulating the operation of
vehicles and the use of the highways.
(b) The Secretary of State may provide training and education for
members of his office in traffic regulation, the promotion of traffic
safety and the enforcement of laws vested in the Secretary of State for
administration and enforcement regulating the operation of vehicles and the
use of the highways.
(c) The Secretary of State may provide distinctive uniforms and badges
for officers, inspectors and investigators employed in the administration
of laws relating to the operation of vehicles and the use of the highways
and vesting the administration and enforcement of such laws in the
Secretary of State.
(c-5) The Director of the Secretary of State Department of Police shall establish a program to allow a Secretary of State Police officer, inspector, or investigator who is honorably retiring in good standing to purchase either one or both of the following: (1) any Secretary of State Department of Police badge previously issued to that officer, inspector, or investigator; or (2) if the officer, inspector, or investigator has a currently valid Firearm Owner's Identification Card, the service firearm issued or previously issued to the officer, inspector, or investigator by the Secretary of State Department of Police. The cost of the firearm shall be the replacement value of the firearm and not the firearm's fair market value. (d) The Secretary of State Department of Police is authorized to:
(1) investigate the origins, activities, persons, and | ||
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(2) employ skilled experts, technicians, | ||
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(3) cooperate with the police of cities, villages, | ||
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(4) provide, as may be required by law, assistance to | ||
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(5) exercise the rights, powers, and duties which | ||
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(6) enforce and administer any other laws in relation | ||
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Persons within the Secretary of State Department of Police who exercise
these powers are conservators of the peace and have all the powers possessed
by policemen in municipalities and sheriffs, and may exercise these powers
anywhere in the State in cooperation with local
law enforcement officials. These
persons may use false or fictitious names in the performance of their duties
under this Section, upon approval of the Director of Police-Secretary of
State, and shall not be subject to prosecution under the criminal laws for that
use.
(e) The Secretary of State Department of Police may charge, collect, and
receive fees or moneys equivalent to the cost of providing its personnel,
equipment, and services to governmental agencies when explicitly requested by
a governmental agency and according to an intergovernmental agreement or
memorandums of understanding as provided by this Section, including but not
limited to fees or moneys equivalent to the cost of providing training to other
governmental agencies on terms and conditions that in the judgment of the
Director of Police-Secretary of State are in the best interest of the
Secretary of State. All fees received by the Secretary of State Police
Department under this Act shall be deposited in a special fund in the State
Treasury to be known as
the Secretary of State Police Services Fund. The money deposited in the
Secretary of State Police Services Fund shall be appropriated to the Secretary
of State Department of Police as provided for in subsection (g).
(f) The Secretary of State Department of Police may apply for grants or
contracts and receive, expend, allocate, or disburse moneys made
available by public or private entities, including, but not limited to,
contracts,
bequests, grants, or receiving equipment from corporations, foundations, or
public or private institutions of higher learning.
(g) The Secretary of State Police Services Fund is hereby created as a
special fund in the State Treasury. All moneys received under this Section by
the Secretary of
State
Department of Police shall be deposited into the Secretary of State Police
Services Fund to be appropriated to the Secretary of State Department of Police
for purposes as indicated by the grantor or contractor or, in the case of
moneys bequeathed or granted for no specific purpose, for any purpose as
deemed appropriate by the Director of Police-Secretary of State in
administering the responsibilities of the Secretary of State Department of
Police.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/2-117) (from Ch. 95 1/2, par. 2-117)
Sec. 2-117.
Injunction.
Whenever it shall appear to the Secretary of State that any person is
engaged or about to engage in any acts or practices which constitute or
will constitute a violation of the provisions of this Act, or of any rule
or regulation prescribed under authority thereof, the Secretary of State
may in his or her discretion, through the Attorney General, apply for an
injunction without notice, and upon a proper showing,
the circuit court shall have power to enter a permanent or
preliminary
injunction or a temporary restraining order without bond, to enforce
the provisions of
this Act, in addition to the penalties and other remedies in this Act
provided; and either party may appeal as in other civil cases.
(Source: P.A. 83-342.)
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(625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)
Sec. 2-118. Hearings.
(a) Upon the suspension, revocation or denial of
the issuance of a license, permit, registration or certificate of title
under this Code of any person the Secretary of State shall immediately
notify such person in writing and upon his written request shall, within 20
days after receipt thereof, set a date for a hearing to commence within 90
calendar days from the date of the written request for all requests related to
a suspension, revocation, or the denial of the issuance of a license, permit,
registration, or certificate of title occurring after July 1, 2002, in the
County of
Sangamon, the County of Jefferson, or the County of Cook, as such
person may specify, unless both
parties agree that such hearing may be held in some other county.
The Secretary may require the payment of a fee of not more than $50 for the
filing of any petition, motion, or request for hearing conducted pursuant to
this Section. These fees must be deposited into the Secretary of State DUI
Administration Fund, a special fund created in the State treasury, and, subject
to appropriation and as directed by the Secretary of State, shall be used for
operation of the Department of Administrative Hearings of the Office of the
Secretary of
State
and for no other purpose. The
Secretary shall establish by rule the amount and the procedures, terms, and
conditions relating to these fees.
(b) At any time after the suspension, revocation or denial of a license,
permit, registration or certificate of title of any person as
hereinbefore referred to, the Secretary of State, in his or her discretion
and
without the necessity of a request by such person, may hold such a hearing,
upon not less than 10 days' notice in writing, in the Counties of Sangamon,
Jefferson,
or Cook or in any other county agreed to by the parties.
(c) Upon any such hearing, the Secretary of State, or his authorized
agent may administer oaths and issue subpoenas for the attendance of
witnesses and the production of relevant books and records and may require
an examination of such person. Upon any such hearing, the Secretary of
State shall either rescind or, good cause appearing therefor, continue,
change or extend the Order of Revocation or Suspension, or upon petition
therefore and subject to the provisions of this Code, issue a restricted
driving permit or reinstate the license or permit of such person.
(d) All hearings and hearing procedures shall comply with requirements
of the Constitution, so that no person is deprived of due process of law
nor denied equal protection of the laws. All hearings shall be held before
the Secretary of State or before such persons as may be designated by the
Secretary of State and appropriate records of such hearings shall be kept.
Where a transcript of the hearing is taken, the person requesting the
hearing shall have the opportunity to order a copy thereof at his own
expense.
The Secretary of State shall enter an order upon any hearing conducted
under this Section, related to a suspension, revocation, or the denial of
the issuance of a license, permit, registration, or certificate of title
occurring after July 1, 2002, within 90 days of its conclusion and shall
immediately notify the person in writing of his or her action.
(d-5) Any hearing over which the Secretary of State has jurisdiction because of a person's implied consent to testing of the person's blood, breath, other bodily substance, or urine for the presence of alcohol, drugs, or intoxicating compounds may be conducted upon a review of the official police reports. Either party, however, may subpoena the arresting officer and any other law enforcement officer who was involved in the petitioner's arrest or processing after arrest, as well as any other person whose testimony may be probative to the issues at the hearing. The failure of a law enforcement officer to answer the subpoena shall be considered grounds for a continuance if, in the hearing officer's discretion, the continuance is appropriate. The failure of the arresting officer to answer a subpoena shall not, in and of itself, be considered grounds for the rescission of an implied consent suspension. Rather, the hearing shall proceed on the basis of the other evidence available, and the hearing officer shall assign this evidence whatever probative value is deemed appropriate. The decision whether to rescind shall be based upon the totality of the evidence.
(e) The action of the
Secretary of State in suspending, revoking or denying any license, permit,
registration, or certificate of title shall be subject to judicial review
in the
Circuit Court of Sangamon County, in the Circuit Court of Jefferson County,
or in the Circuit Court of Cook County, and the
provisions of the Administrative Review Law, and all amendments and
modifications thereto, and the rules adopted pursuant thereto, are hereby
adopted and shall apply to and govern every action for the judicial review of
final acts or decisions of the Secretary of State hereunder.
(Source: P.A. 99-697, eff. 7-29-16.)
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(625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1) Sec. 2-118.1. Opportunity for hearing; statutory summary alcohol
or other drug related suspension or revocation pursuant to Section 11-501.1. (a) A statutory summary suspension or revocation of driving privileges under Section
11-501.1 shall not become effective until the person is notified in writing of
the impending suspension or revocation and informed that he may request a hearing in the
circuit court of venue under paragraph (b) of this Section and the statutory
summary suspension or revocation shall become effective as provided in Section 11-501.1. (b) Within 90 days after the notice of statutory summary
suspension or revocation served under Section
11-501.1, the person may make a written request for a judicial hearing in
the circuit court of venue. The request to the circuit court shall state
the grounds upon which the person seeks to have the statutory summary
suspension or revocation rescinded. Within 30 days after receipt of the written request
or the first appearance date on the Uniform Traffic Ticket issued pursuant
to a violation of Section 11-501, or a similar provision of a local
ordinance, the hearing shall be conducted by the circuit court having
jurisdiction. This judicial hearing, request, or process shall not stay or
delay the statutory summary suspension or revocation. The hearings shall proceed in the
court in the same manner as in other civil proceedings. The hearing may be conducted upon a review of the law enforcement
officer's own official reports; provided however, that the person may
subpoena the officer. Failure of the officer to answer the subpoena shall
be considered grounds for a continuance if in the court's discretion the
continuance is appropriate. The scope of the hearing shall be limited to the issues of: 1. Whether the person was placed under arrest for an | ||
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2. Whether the officer had reasonable grounds to | ||
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3. Whether the person, after being advised by the | ||
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4. Whether the person, after being advised by the | ||
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4.2. (Blank). 4.5. (Blank). 5. If the person's driving privileges were revoked, | ||
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Upon the conclusion of the judicial hearing, the circuit court shall
sustain or rescind the statutory summary suspension or revocation and immediately notify
the Secretary of State. Reports received by the Secretary of State under
this Section shall be privileged information and for use only by the
courts, police officers, and Secretary of State.(Source: P.A. 102-982, eff. 7-1-23.) |
(625 ILCS 5/2-118.2) Sec. 2-118.2. Opportunity for hearing; cannabis-related suspension under Section 11-501.9. (a) A suspension of driving privileges under Section 11-501.9 of this Code shall not become effective until the person is notified in writing of the impending suspension and informed that he or she may request a hearing in the circuit court of venue under subsection (b) of this Section and the suspension shall become effective as provided in Section 11-501.9. (b) Within 90 days after the notice of suspension served under Section 11-501.9, the person may make a written request for a judicial hearing in the circuit court of venue. The request to the circuit court shall state the grounds upon which the person seeks to have the suspension rescinded. Within 30 days after receipt of the written request or the first appearance date on the Uniform Traffic Ticket issued for a violation of Section 11-501 of this Code, or a similar provision of a local ordinance, the hearing shall be conducted by the circuit court having jurisdiction. This judicial hearing, request, or process shall not stay or delay the suspension. The hearing shall proceed in the court in the same manner as in other civil proceedings. The hearing may be conducted upon a review of the law enforcement officer's own official reports; provided however, that the person may subpoena the officer. Failure of the officer to answer the subpoena shall be considered grounds for a continuance if in the court's discretion the continuance is appropriate. The scope of the hearing shall be limited to the issues of: (1) Whether the officer had reasonable suspicion | ||
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(2) Whether the person, after being advised by the | ||
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(3) Whether the person after being advised by the | ||
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Upon the conclusion of the judicial hearing, the circuit court shall sustain or rescind the suspension and immediately notify the Secretary of State. Reports received by the Secretary of State under this Section shall be privileged information and for use only by the courts, police officers, and Secretary of State.
(Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19; 101-593, eff. 12-4-19.) |
(625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119) Sec. 2-119. Disposition of fees and taxes. (a) All moneys received from Salvage Certificates shall be deposited in the Common School Fund in the State treasury. (b) Of the money collected for each certificate of title, duplicate certificate of title, and corrected certificate of title: (1) $2.60 shall be deposited in the Park and | ||
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(2) $0.65 shall be deposited in the Illinois | ||
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(3) $48 shall be disbursed under subsection (g) of | ||
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(4) $4 shall be deposited into the Motor Vehicle | ||
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(5) $30 shall be deposited into the Capital Projects | ||
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(6) $10 shall be deposited into the Secretary of | ||
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All remaining moneys collected for certificates of title, and all moneys collected for filing of security interests, shall be deposited in the General Revenue Fund. The $20 collected for each delinquent vehicle registration renewal fee shall be deposited into the General Revenue Fund. The moneys deposited in the Park and Conservation Fund under this Section shall be used for the acquisition and development of bike paths as provided for in Section 805-420 of the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. The moneys deposited into the Park and Conservation Fund under this subsection shall not be subject to administrative charges or chargebacks, unless otherwise authorized by this Code. If the balance in the Motor Vehicle License Plate Fund exceeds $40,000,000 on the last day of a calendar month, then during the next calendar month, the $4 that otherwise would be deposited in that fund shall instead be deposited into the Road Fund. (c) All moneys collected for that portion of a driver's license fee designated for driver education under Section 6-118 shall be placed in the Drivers Education Fund in the State treasury. (d) Of the moneys collected as a registration fee for each motorcycle, motor driven cycle, and moped, 27% shall be deposited in the Cycle Rider Safety Training Fund. (e) (Blank). (f) Of the total money collected for a commercial learner's permit (CLP) or original or renewal issuance of a commercial driver's license (CDL) pursuant to the Uniform Commercial Driver's License Act (UCDLA): (i) $6 of the total fee for an original or renewal CDL, and $6 of the total CLP fee when such permit is issued to any person holding a valid Illinois driver's license, shall be paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund (Commercial Driver's License Information System/American Association of Motor Vehicle Administrators network/National Motor Vehicle Title Information Service Trust Fund) and shall be used for the purposes provided in Section 6z-23 of the State Finance Act and (ii) $20 of the total fee for an original or renewal CDL or CLP shall be paid into the Motor Carrier Safety Inspection Fund, which is hereby created as a special fund in the State treasury, to be used by the Illinois State Police, subject to appropriation, to hire additional officers to conduct motor carrier safety inspections pursuant to Chapter 18b of this Code. (g) Of the moneys received by the Secretary of State as registration fees or taxes, certificates of title, duplicate certificates of title, corrected certificates of title, or as payment of any other fee under this Code, when those moneys are not otherwise distributed by this Code, 37% shall be deposited into the State Construction Account Fund, and 63% shall be deposited in the Road Fund. Moneys in the Road Fund shall be used for the purposes provided in Section 8.3 of the State Finance Act. (h) (Blank). (i) (Blank). (j) (Blank). (k) There is created in the State treasury a special fund to be known as the Secretary of State Special License Plate Fund. Money deposited into the Fund shall, subject to appropriation, be used by the Office of the Secretary of State (i) to help defray plate manufacturing and plate processing costs for the issuance and, when applicable, renewal of any new or existing registration plates authorized under this Code and (ii) for grants made by the Secretary of State to benefit Illinois Veterans Home libraries. (l) The Motor Vehicle Review Board Fund is created as a special fund in the State treasury. Moneys deposited into the Fund under paragraph (7) of subsection (b) of Section 5-101 and Section 5-109 shall, subject to appropriation, be used by the Office of the Secretary of State to administer the Motor Vehicle Review Board, including, without limitation, payment of compensation and all necessary expenses incurred in administering the Motor Vehicle Review Board under the Motor Vehicle Franchise Act. (m) Effective July 1, 1996, there is created in the State treasury a special fund to be known as the Family Responsibility Fund. Moneys deposited into the Fund shall, subject to appropriation, be used by the Office of the Secretary of State for the purpose of enforcing the Illinois Safety and Family Financial Responsibility Law. (n) The Illinois Fire Fighters' Memorial Fund is created as a special fund in the State treasury. Moneys deposited into the Fund shall, subject to appropriation, be used by the Office of the State Fire Marshal for construction of the Illinois Fire Fighters' Memorial to be located at the State Capitol grounds in Springfield, Illinois. Upon the completion of the Memorial, moneys in the Fund shall be used in accordance with Section 3-634. (o) Of the money collected for each certificate of title for all-terrain vehicles and off-highway motorcycles, $17 shall be deposited into the Off-Highway Vehicle Trails Fund. (p) For audits conducted on or after July 1, 2003 pursuant to Section 2-124(d) of this Code, 50% of the money collected as audit fees shall be deposited into the General Revenue Fund. (q) Beginning July 1, 2023, the additional fees imposed by Public Act 103-8 in Sections 2-123, 3-821, and 6-118 shall be deposited into the Secretary of State Special Services Fund. (Source: P.A. 102-538, eff. 8-20-21; 103-8, eff. 7-1-23; 103-605, eff. 7-1-24.) |
(625 ILCS 5/2-120) (from Ch. 95 1/2, par. 2-120)
Sec. 2-120. Disposition of fines and forfeitures.
(a) Fines and
penalties recovered under the provisions of this Act administered by the
Secretary of State, except those fines, assessments, and penalties subject to
disbursement by the circuit clerk under the Criminal and Traffic Assessment Act, shall be paid over and used as follows:
1. For violations of this Act committed within the | ||
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2. For violations of this Act committed outside the | ||
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3. For the purposes of this Act an offense for | ||
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(b) Failure, refusal or neglect on the part of any
judicial or other officer or employee receiving or having custody of any
such fine or forfeiture either before or after a deposit with the proper
official as defined in paragraph (a) of this Section, shall constitute
misconduct in office and shall be grounds for removal therefrom.
(Source: P.A. 100-987, eff. 7-1-19.)
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(625 ILCS 5/2-121) (from Ch. 95 1/2, par. 2-121)
Sec. 2-121.
Local Government tax.
(a) No owner of a vehicle who shall have obtained a certificate from the
Secretary of State and paid the registration fee and tax as provided in
this Act, shall be required by any county, city, village, incorporated
town,
or
other municipal corporation within the State other than a county, city,
village,
incorporated town, or other municipal corporation in which the
owner
resides
or in which a vehicle has its situs or base, to pay any tax or license fee
for the use of the vehicle. The county, city, village, or incorporated
town
in which the
owner resides or in which a vehicle has its situs or base, except commercial
motor vehicles as defined in paragraph (2) of Section 18b-101 that are
registered under Section 3-402.1, may impose a tax or license fee as is
provided in Section 8-11-4 of the
Illinois Municipal Code or a similar county ordinance that imposes a tax or
license fee on an owner of a vehicle for the use of the vehicle.
Nor shall the owner be required to display upon his vehicle any plate
or tax or license number other than that issued by the Secretary of State
or by the county, city, village, incorporated town, or other municipal
corporation
within the State within which the owner resides or in which a vehicle has
its situs or base. However, a resident owner shall not be required to
display on his vehicle, the plate or tax or license number issued by the
county, city, village, or incorporated town of his residence if
his vehicle is
displaying the plate or tax or license number issued by the place wherein
the vehicle has its situs or base.
This subsection (a) applies to ordinances enacted by any county, city,
village, incorporated town, or other municipal corporation. Any provision of
an ordinance enacted by a county, city, village, incorporated town, or other
municipal corporation that is inconsistent with this subsection (a) is null and
void.
(b) No county, city, village, incorporated town, or other municipal
corporation, including a home rule unit, may impose a tax or license fee under
Section 8-11-4 of the Illinois Municipal Code, or impose a similar tax or
license fee under home rule powers, upon any commercial vehicle as defined in
paragraph (2) of Section 18b-101 that is registered under Section 3-402.1.
This subsection (b) is a denial and limitation of home rule powers and
functions under subsection (g) of Section 6 of Article VII of the Illinois
Constitution.
(Source: P.A. 90-433, eff. 8-16-97.)
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(625 ILCS 5/2-122) (from Ch. 95 1/2, par. 2-122)
Sec. 2-122.
Remittance agents.
The Secretary of State shall administer the law relating to remittance
agents pursuant to the law.
(Source: P.A. 76-1586.)
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(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
Sec. 2-123. Sale and distribution of information.
(a) Except as otherwise provided in this Section, the Secretary may make the
driver's license, vehicle and title registration lists, in part or in whole,
and any statistical information derived from these lists available to local
governments, elected state officials, state educational institutions, and all
other governmental units of the State and Federal
Government
requesting them for governmental purposes. The Secretary shall require any such
applicant for services to pay for the costs of furnishing such services and the
use of the equipment involved, and in addition is empowered to establish prices
and charges for the services so furnished and for the use of the electronic
equipment utilized.
(b) The Secretary is further empowered to and he may, in his discretion,
furnish to any applicant, other than listed in subsection (a) of this Section,
vehicle or driver data on a computer tape, disk, other electronic format or
computer processable medium, or printout at a fixed fee of $500, in advance, and require in addition a
further sufficient
deposit based upon the Secretary of State's estimate of the total cost of the
information requested and a charge of $50, per 1,000
units or part
thereof identified or the actual cost, whichever is greater. The Secretary is
authorized to refund any difference between the additional deposit and the
actual cost of the request. This service shall not be in lieu of an abstract
of a driver's record nor of a title or registration search. This service may
be limited to entities purchasing a minimum number of records as required by
administrative rule. The information
sold pursuant to this subsection shall be the entire vehicle or driver data
list, or part thereof. The information sold pursuant to this subsection
shall not contain personally identifying information unless the information is
to be used for one of the purposes identified in subsection (f-5) of this
Section. Commercial purchasers of driver and vehicle record databases shall
enter into a written agreement with the Secretary of State that includes
disclosure of the commercial use of the information to be purchased. (b-1) The Secretary is further empowered to and may, in his or her discretion, furnish vehicle or driver data on a computer tape, disk, or other electronic format or computer processible medium, at no fee, to any State or local governmental agency that uses the information provided by the Secretary to transmit data back to the Secretary that enables the Secretary to maintain accurate driving records, including dispositions of traffic cases. This information may be provided without fee not more often than once every 6 months.
(c) Secretary of State may issue registration lists. The Secretary
of State may compile a list of all registered
vehicles. Each list of registered vehicles shall be arranged serially
according to the registration numbers assigned to registered vehicles and
may contain in addition the names and addresses of registered owners and
a brief description of each vehicle including the serial or other
identifying number thereof. Such compilation may be in such form as in the
discretion of the Secretary of State may seem best for the purposes intended.
(d) The Secretary of State shall furnish no more than 2 current available
lists of such registrations to the sheriffs of all counties and to the chiefs
of police of all cities and villages and towns of 2,000 population and over
in this State at no cost. Additional copies may be purchased by the sheriffs
or chiefs of police at the fee
of $500 each or at the cost of producing the list as determined
by the Secretary of State. Such lists are to be used for governmental
purposes only.
(e) (Blank).
(e-1) (Blank).
(f) The Secretary of State shall make a title or registration search of the
records of his office and a written report on the same for any person, upon
written application of such person, accompanied by a fee of $5 for
each registration or title search. The written application shall set forth
the intended use of the requested information. No fee shall be charged for a
title or
registration search, or for the certification thereof requested by a government
agency. The report of the title or registration search shall not contain
personally identifying information unless the request for a search was made for
one of the purposes identified in subsection (f-5) of this Section. The report of the title or registration search shall not contain highly
restricted personal
information unless specifically authorized by this Code.
The Secretary of State shall certify a title or registration record upon
written request. The fee for certification shall be $5 in addition
to the fee required for a title or registration search. Certification shall
be made under the signature of the Secretary of State and shall be
authenticated by Seal of the Secretary of State.
The Secretary of State may notify the vehicle owner or registrant of
the request for purchase of his title or registration information as the
Secretary deems appropriate.
No information shall be released to the requester until expiration of a 10-day
period. This 10-day period shall not apply to requests for
information made by law enforcement officials, government agencies,
financial institutions, attorneys, insurers, employers, automobile
associated businesses, persons licensed as a private detective or firms
licensed as a private detective agency under the Private Detective, Private
Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, who are employed by or are
acting on
behalf of law enforcement officials, government agencies, financial
institutions, attorneys, insurers, employers, automobile associated businesses,
and other business entities for purposes consistent with the Illinois Vehicle
Code, the vehicle owner or registrant or other entities as the Secretary may
exempt by rule and regulation.
Any misrepresentation made by a requester of title or vehicle information
shall be punishable as a petty offense, except in the case of persons
licensed as a private detective or firms licensed as a private detective agency
which shall be subject to disciplinary sanctions under Section 40-10 of the
Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
(f-5) The Secretary of State shall not disclose or otherwise make
available to
any person or entity any personally identifying information obtained by the
Secretary
of State in connection with a driver's license, vehicle, or title registration
record
unless the information is disclosed for one of the following purposes:
(1) For use by any government agency, including any | ||
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(2) For use in connection with matters of motor | ||
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(3) For use in the normal course of business by a | ||
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(A) to verify the accuracy of personal | ||
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(B) if such information as so submitted is not | ||
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(4) For use in research activities and for use in | ||
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(5) For use in connection with any civil, criminal, | ||
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(6) For use by any insurer or insurance support | ||
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(7) For use in providing notice to the owners of | ||
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(8) For use by any person licensed as a private | ||
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(9) For use by an employer or its agent or insurer to | ||
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(10) For use in connection with the operation of | ||
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(11) For use by any requester, if the requester | ||
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(12) For use by members of the news media, as defined | ||
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(13) For any other use specifically authorized by | ||
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(f-6) The Secretary of State shall not disclose or otherwise make
available to any
person or entity any highly restricted personal information obtained by the
Secretary of
State in connection with a driver's license, vehicle, or
title registration
record unless
specifically authorized by this Code.
(g) 1. The Secretary of State may, upon receipt of a written request
and a fee as set forth in Section 6-118, furnish to the person or agency so requesting a
driver's record or data contained therein. Such document may include a record of: current driver's
license issuance information, except that the information on judicial driving
permits shall be available only as otherwise provided by this Code;
convictions; orders entered revoking, suspending or cancelling a
driver's
license or privilege; and notations of crash involvement. All other
information, unless otherwise permitted by
this Code, shall remain confidential. Information released pursuant to a
request for a driver's record shall not contain personally identifying
information, unless the request for the driver's record was made for one of the
purposes set forth in subsection (f-5) of this Section. The Secretary of State may, without fee, allow a parent or guardian of a person under the age of 18 years, who holds an instruction permit or graduated driver's license, to view that person's driving record online, through a computer connection.
The parent or guardian's online access to the driving record will terminate when the instruction permit or graduated driver's license holder reaches the age of 18.
2. The Secretary of State shall not disclose or otherwise make available
to any
person or
entity any highly restricted personal information obtained by the Secretary of
State in
connection with a driver's license, vehicle, or title
registration record
unless specifically
authorized by this Code. The Secretary of State may certify an abstract of a driver's record
upon written request therefor. Such certification
shall be made under the signature of the Secretary of State and shall be
authenticated by the Seal of his office.
3. All requests for driving record information shall be made in a manner
prescribed by the Secretary and shall set forth the intended use of the
requested information.
The Secretary of State may notify the affected driver of the request
for purchase of his driver's record as the Secretary deems appropriate.
No information shall be released to the requester until expiration of a 10-day
period. This 10-day period shall not apply to requests for information
made by law enforcement officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated businesses, persons
licensed as a private detective or firms licensed as a private detective agency
under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act
of 2004,
who are employed by or are acting on behalf of law enforcement officials,
government agencies, financial institutions, attorneys, insurers, employers,
automobile associated businesses, and other business entities for purposes
consistent with the Illinois Vehicle Code, the affected driver or other
entities as the Secretary may exempt by rule and regulation.
Any misrepresentation made by a requester of driver information shall
be punishable as a petty offense, except in the case of persons licensed as
a private detective or firms licensed as a private detective agency which shall
be subject to disciplinary sanctions under Section 40-10 of the Private
Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
4. The Secretary of State may furnish without fee, upon the written
request of a law enforcement agency, any information from a driver's
record on file with the Secretary of State when such information is required
in the enforcement of this Code or any other law relating to the operation
of motor vehicles, including records of dispositions; documented
information involving the use of a motor vehicle; whether such individual
has, or previously had, a driver's license; and the address and personal
description as reflected on said driver's record.
5. Except as otherwise provided in this Section, the Secretary of
State may furnish, without fee, information from an individual driver's
record on file, if a written request therefor is submitted
by any public transit system or authority, public defender, law enforcement
agency, a state or federal agency, or an Illinois local intergovernmental
association, if the request is for the purpose of a background check of
applicants for employment with the requesting agency, or for the purpose of
an official investigation conducted by the agency, or to determine a
current address for the driver so public funds can be recovered or paid to
the driver, or for any other purpose set forth in subsection (f-5)
of this Section.
The Secretary may also furnish the courts a copy of an abstract of a
driver's record, without fee, subsequent to an arrest for a violation of
Section 11-501 or a similar provision of a local ordinance. Such abstract
may include records of dispositions; documented information involving
the use of a motor vehicle as contained in the current file; whether such
individual has, or previously had, a driver's license; and the address and
personal description as reflected on said driver's record.
6. Any certified abstract issued by the Secretary of State or
transmitted electronically by the Secretary of State pursuant to this
Section,
to a court or on request of a law enforcement agency, for the record of a
named person as to the status of the person's driver's license shall be
prima facie evidence of the facts therein stated and if the name appearing
in such abstract is the same as that of a person named in an information or
warrant, such abstract shall be prima facie evidence that the person named
in such information or warrant is the same person as the person named in
such abstract and shall be admissible for any prosecution under this Code and
be admitted as proof of any prior conviction or proof of records, notices, or
orders recorded on individual driving records maintained by the Secretary of
State.
7. Subject to any restrictions contained in the Juvenile Court Act of
1987, and upon receipt of a proper request and a fee as set forth in Section 6-118, the
Secretary of
State shall provide a driver's record or data contained therein to the affected driver, or the affected
driver's attorney, upon verification. Such record shall contain all the
information referred to in paragraph 1 of this subsection (g) plus: any
recorded crash involvement as a driver; information recorded pursuant to
subsection (e) of Section 6-117 and paragraph (4) of subsection (a) of
Section 6-204 of this Code. All other information, unless otherwise permitted
by this Code, shall remain confidential.
(h) The Secretary shall not disclose social security numbers or any associated information obtained from the Social Security Administration except pursuant
to a written request by, or with the prior written consent of, the
individual except: (1) to officers and employees of the Secretary
who
have a need to know the social security numbers in performance of their
official duties, (2) to law enforcement officials for a civil or
criminal law enforcement investigation, and if an officer of the law enforcement
agency has made a written request to the Secretary specifying the law
enforcement investigation for which the social security numbers are being
sought, though the Secretary retains the right to require additional verification regarding the validity of the request, (3) to the United States Department of Transportation, or any other
State, pursuant to the administration and enforcement of the Commercial
Motor Vehicle Safety Act of 1986 or participation in State-to-State verification service, (4) pursuant to the order of a court
of competent jurisdiction, (5) to the Department of Healthcare and Family Services (formerly Department of Public Aid) for
utilization
in the child support enforcement duties assigned to that Department under
provisions of the Illinois Public Aid Code after the individual has received advanced
meaningful notification of what redisclosure is sought by the Secretary in
accordance with the federal Privacy Act, (5.5) to the Department of Healthcare and Family Services and the Department of Human Services solely for the purpose of verifying Illinois residency where such residency is an eligibility requirement for benefits under the Illinois Public Aid Code or any other health benefit program administered by the Department of Healthcare and Family Services or the Department of Human Services, (6) to the Illinois Department of Revenue solely for use by the Department in the collection of any tax or debt that the Department of Revenue is authorized or required by law to collect, provided that the Department shall not disclose the social security number to any person or entity outside of the Department, (7) to the Illinois Department of Veterans' Affairs for the purpose of confirming veteran status, or (8) the last 4 digits to the Illinois State Board of Elections for purposes of voter registration and as may be required pursuant to an agreement for a multi-state voter registration list maintenance system. If social security information is disclosed by the Secretary in accordance with this Section, no liability shall rest with the Office of the Secretary of State or any of its officers or employees, as the information is released for official purposes only.
(i) (Blank).
(j) Medical statements or medical reports received in the Secretary of
State's Office shall be confidential. Except as provided in this Section, no confidential information may be
open to public inspection or the contents disclosed to anyone, except
officers and employees of the Secretary who have a need to know the information
contained in the medical reports and the Driver License Medical Advisory
Board, unless so directed by an order of a court of competent jurisdiction. If the Secretary receives a medical report regarding a driver that does not address a medical condition contained in a previous medical report, the Secretary may disclose the unaddressed medical condition to the driver or his or her physician, or both, solely for the purpose of submission of a medical report that addresses the condition.
(k) Beginning July 1, 2023, disbursement of fees collected under this Section shall be as follows: (1) of the $20 fee for a driver's record, $11 shall be paid into the Secretary of State Special Services Fund, and $6 shall be paid into the General Revenue Fund; (2) 50% of the amounts collected under subsection (b) shall be paid into the General Revenue Fund; and (3) all remaining fees shall be disbursed under subsection (g) of Section 2-119 of this Code.
(l) (Blank).
(m) Notations of crash involvement that may be disclosed under this
Section shall not include notations relating to damage to a vehicle or other
property being transported by a tow truck. This information shall remain
confidential, provided that nothing in this subsection (m) shall limit
disclosure of any notification of crash involvement to any law enforcement
agency or official.
(n) Requests made by the news media for driver's license, vehicle, or
title registration information may be furnished without charge or at a reduced
charge, as determined by the Secretary, when the specific purpose for
requesting the documents is deemed to be in the public interest. Waiver or
reduction of the fee is in the public interest if the principal purpose of the
request is to access and disseminate information regarding the health, safety,
and welfare or the legal rights of the general public and is not for the
principal purpose of gaining a personal or commercial benefit.
The information provided pursuant to this subsection shall not contain
personally identifying information unless the information is to be used for one
of the
purposes identified in subsection (f-5) of this Section.
(o) The redisclosure of personally identifying information
obtained
pursuant
to this Section is prohibited, except to the extent necessary to effectuate the
purpose
for which the original disclosure of the information was permitted.
(p) The Secretary of State is empowered to adopt rules
to
effectuate this Section.
(Source: P.A. 102-982, eff. 7-1-23; 103-8, eff. 7-1-23.)
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(625 ILCS 5/2-124) (from Ch. 95 1/2, par. 2-124)
Sec. 2-124.
Audits, interest and penalties.
(a) Audits. The Secretary of State or employees and agents
designated by him, may audit the books, records, tax returns, reports,
and any and all other pertinent records or documents of any person
licensed or registered, or required to be licensed or registered, under
any provisions of this Act, for the purpose of determining whether such
person has not paid any fees or taxes required to be paid to the
Secretary of State and due to the State of Illinois.
For purposes of this Section, "person" means an individual, corporation,
or partnership, or an officer or an employee of any corporation, including
a dissolved corporation, or a member or an employee of any partnership, who
as an officer, employee, or member under a duty to perform the act in
respect to which the violation occurs.
(b) Joint Audits. The Secretary of State may enter into reciprocal
audit agreements with officers, agents or agencies of another State or
States, for joint audits of any person subject to audit under this Act.
(c) Special Audits. If the Secretary of State is not satisfied with
the books, records and documents made available for an audit, or if the
Secretary of State is unable to determine therefrom whether any fees or
taxes are due to the State of Illinois, or if there is cause to believe
that the person audited has declined or refused to supply the books,
records and documents necessary to determine whether a deficiency
exists, the Secretary of State may either seek a court order for
production of any and all books, records and documents he deems relevant
and material, or, in his discretion, the Secretary of State may instead
give written notice to such person requiring him to produce any and all
books, records and documents necessary to properly audit and determine
whether any fees or taxes are due to the State of Illinois. If such
person fails, refuses or declines to comply with either the court order
or written notice within the time specified, the Secretary of State
shall then order a special audit at the expense of the person affected.
Upon completion of the special audit, the Secretary of State shall
determine if any fees or taxes required to be paid under this Act have
not been paid, and make an assessment of any deficiency based upon the
books, records and documents available to him, and in an assessment, he
may rely upon records of other persons having an operation similar to
that of the person audited specially. A person audited specially and
subject to a court order and in default thereof, shall in addition, be
subject to any penalty or punishment imposed by the court entering the
order.
(d) Deficiency; Audit Costs. When a deficiency is found and any fees
or taxes required to be paid under this Act have not been paid to the
State of Illinois, the Secretary of State may impose an audit fee
of $100
per day, or $50 per half-day, per auditor, plus in the case of
out-of-state travel, transportation expenses incurred by the auditor or
auditors. Where more than one person is audited on the same out-of-state
trip, the additional transportation expenses may be apportioned. The
actual costs of a special audit shall be imposed upon the person
audited.
(e) Interest. When a deficiency is found and any fees or taxes
required to be paid under this Act have not been paid to the State of
Illinois, the amount of the deficiency, if greater than $100 for all
registration years examined, shall also bear interest at the
rate of 1/2 of 1% per month or fraction thereof, from the date when the
fee or tax due should have been paid under the provisions of this Act,
subject to a maximum of 6% per annum.
(f) Willful Negligence. When a deficiency is determined by the
Secretary to be caused by the willful neglect or negligence of the
person audited, an additional 10% penalty, that is 10% of the amount of
the deficiency or assessment, shall be imposed, and the 10% penalty
shall bear interest at the rate of 1/2 of 1% on and after the 30th day
after the penalty is imposed until paid in full.
(g) Fraud or Evasion. When a deficiency is determined by the
Secretary to be caused by fraud or willful evasion of the provisions of
this Act, an additional penalty, that is 20% of the amount of the
deficiency or assessment, shall be imposed, and the 20% penalty shall
bear interest at the rate of 1/2 of 1% on and after the 30th day after
the penalty is imposed until paid in full.
(h) Notice. The Secretary of State shall give written notice to any
person audited, of the amount of any deficiency found or assessment
made, of the costs of an audit or special audit, and of the penalty
imposed, and payment shall be made within 30 days of the date of the
notice unless such person petitions for a hearing.
However, except in the case of fraud or willful evasion, or the
inaccessibility of books and records for audit or with the express
consent of the person audited, no notice of a deficiency or assessment
shall be issued by the Secretary for more than 3 registration years.
This limitation shall commence on any January 1 as to calendar year
registrations and on any July 1 as to fiscal year registrations. This
limitation shall not apply for any period during which the person
affected has declined or refuses to make his books and records available
for audit, nor during any period of time in which an Order of any Court
has the effect of enjoining or restraining the Secretary from making an
audit or issuing a notice.
Notwithstanding, each person licensed under the International Registration
Plan and audited by this State or any member jurisdiction shall follow the
assessment and refund procedures as adopted and amended by the International
Registration Plan members. The Secretary of State shall have the final
decision as to which registrants may be subject to the netting of audit fees as
outlined in the International Registration Plan. Persons audited may be
subject to a review process to determine the final outcome of the audit
finding. This process shall follow the adopted procedure as outlined in the
International Registration Plan. All decisions by the IRP designated tribunal
shall be binding.
(i) Every person subject to licensing or registration and audit
under the provisions of this Chapter shall retain all pertinent
licensing and registration documents, books, records, tax returns,
reports and all supporting records and documents for a period of 4
years.
(j) Hearings. Any person receiving written notice of a deficiency or
assessment may, within 30 days after the date of the notice, petition
for a hearing before the Secretary of State or his duly appointed
hearing officer to contest the audit in whole or in part, and the
petitioner shall simultaneously file a certified check or money order,
or certificate of deposit, or a surety bond approved by the Secretary in
the amount of the deficiency or assessment. Hearings shall be held
pursuant to the provisions of Section 2-118 of this Act.
(k) Judgments. The Secretary of State may enforce any notice of
deficiency or assessment pursuant to the provisions of Section 3-831 of
this Act.
(Source: P.A. 92-69, eff. 7-12-01; 93-32, eff. 7-1-03.)
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(625 ILCS 5/2-125) (from Ch. 95 1/2, par. 2-125)
Sec. 2-125.
The Secretary of State may in his discretion set maximum fees
charged by any person, firm, corporation or private institution within the State
of Illinois concerning the acceptance of applications for registration, certificate
of title, or drivers license and for the distribution of motor vehicle license
plates and other related functions of the Office. The Secretary of State may
adopt and promulgate such rules and regulations as he shall deem necessary to effectuate
and administer the provisions of this Section.
(Source: P.A. 80-469.)
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(625 ILCS 5/2-126) (from Ch. 95 1/2, par. 2-126)
Sec. 2-126.
Employees and agents of the Secretary of State,
designated by him, who are employed at Drivers License Exam Stations
throughout the State are authorized to deposit, on a temporary basis,
fees and moneys collected at such stations in banks or savings and loan
associations designated by the
Secretary of State. Provided, however, that when such funds collected
amount to $500 or more, or on the next succeeding 1st or 15th
(disregarding Sundays and holidays) day of each month, whichever is
earlier, such fees and moneys shall be forwarded to the Secretary of
State by such designated banks or savings and loan associations for
deposit with the State Treasurer.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter
amended.
(Source: P.A. 83-541.)
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(625 ILCS 5/2-127) (from Ch. 95 1/2, par. 2-127)
Sec. 2-127.
The Secretary of State shall compile and maintain a listing of
those services and agencies, both public and private, that provide
transportation to senior citizens and shall make this information available
to the public through the Drivers License Exam Stations.
(Source: P.A. 86-424.)
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(625 ILCS 5/2-127.5) Sec. 2-127.5. Literacy and English as a second language classes. At Secretary of State Driver Service facilities, the Secretary shall provide a pamphlet or post information informing customers of the availability of literacy and English as a second language classes. The Secretary may satisfy this requirement by providing the Internet address of a not-for-profit entity offering this information.
(Source: P.A. 101-53, eff. 1-1-20.) |
(625 ILCS 5/2-128) Sec. 2-128. (Repealed).
(Source: P.A. 94-470, eff. 8-4-05. Repealed internally, eff. 1-1-07.) |
(625 ILCS 5/2-129) Sec. 2-129. Expiration dates. All expiration periods set forth in this Code shall be subject to the provisions of Section 30 of the Secretary of State Act.
(Source: P.A. 101-640, eff. 6-12-20.) |
(625 ILCS 5/2-130) Sec. 2-130. User of automated license plate readers; prohibitions. (a) As used in this Section: "Automated license plate reader" or "ALPR" means an electronic device that is mounted on a law enforcement vehicle or positioned in a stationary location and that is capable of recording data on or taking a photograph of a vehicle or its license plate and comparing the collected data and photographs to existing law enforcement databases for investigative purposes. "ALPR" includes a device that is owned or operated by a person or an entity other than a law enforcement agency to the extent that data collected by the reader is shared with a law enforcement agency. "ALPR information" means information gathered by an ALPR or created from the analysis of data generated by an ALPR. "ALPR systems" means multi-agency or vendor agreements that allow the sharing of ALPR information collected in Illinois. "ALPR user" means a person or entity that owns or operates an ALPR device. "Law enforcement agency" means a State or local agency, unit of local government, or private entity charged with the enforcement of State, county, or municipal laws or with managing custody of detained persons in any state or jurisdiction. (b) An ALPR user shall not sell, share, allow access to, or transfer ALPR information to any state or local jurisdiction for the purpose of investigating or enforcing a law that: (1) denies or interferes with a person's right to | ||
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(2) permits the detention or investigation of a | ||
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(c) Any ALPR user in this State, including any law enforcement agency of this State that uses ALPR systems, shall not share ALPR information with an out-of-state law enforcement agency without first obtaining a written declaration from the out-of-state law enforcement agency that it expressly affirms that ALPR information obtained shall not be used in a manner that violates subsection (b). If a written declaration of affirmation is not executed, the law enforcement agency shall not share the ALPR information with the out-of-state law enforcement agency. (d) ALPR information shall be held confidentially to the fullest extent permitted by law. (e) Nothing in this Act shall define or limit any rights under the Reproductive Health Act. (Source: P.A. 103-540, eff. 1-1-24.) |
(625 ILCS 5/Ch. 3 heading) CHAPTER 3.
CERTIFICATES OF TITLE AND
REGISTRATION OF VEHICLES
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(625 ILCS 5/Ch. 3 Art. I heading) ARTICLE I.
CERTIFICATES OF TITLE
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(625 ILCS 5/3-100) (from Ch. 95 1/2, par. 3-100)
Sec. 3-100. Definitions. For the purposes of this Chapter, the following words shall
have the meanings ascribed to them:
"Electronic" includes electrical, digital, magnetic, optical,
electromagnetic, or any other form of technology that entails capabilities
similar to these technologies.
"Electronic record" means a record generated, communicated, received, or
stored by electronic means for use in an information system or for
transmission from one information system to another.
"Electronic signature" means a signature in electronic form attached to or
logically associated with an electronic record.
"Owner" means a person who holds legal document of ownership of a vehicle,
limited to a certificate of origin, certificate of title, salvage certificate,
or junking certificate. However, in the event a vehicle is the subject of an
agreement for the conditional sale or lease thereof with the
right of purchase upon performance of the conditions stated in the
agreement and with an immediate right of possession vested in the
conditional vendee or lessee, or in the event a mortgagor of such vehicle
is entitled to possession, then such conditional vendee or lessee or
mortgagor shall be deemed the owner for the purpose of this Chapter,
except as provided under paragraph (c) of Section 3-118.
"Record" means information that is inscribed, stored, or otherwise fixed
on a tangible medium or that is stored in an electronic or other medium
and is retrievable in perceivable form.
"Signature" or "signed" includes any symbol executed or adopted, or any
security procedure employed or adopted, using electronic means or
otherwise, by or on behalf of a person with intent to authenticate a
record.
"Vehicle" means a vehicle as defined in Section 1-217 of this Code. Unless otherwise specified, "vehicle" also means a "manufactured home" as defined in Section 1-144.03 of this Code. (Source: P.A. 98-749, eff. 7-16-14.)
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(625 ILCS 5/3-100.1)
Sec. 3-100.1. Use of electronic records.
(a) To the extent authorized by the Secretary of State and in accordance
with standards and procedures prescribed by the Secretary of State:
(1) Certificates, certifications, affidavits, | ||
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(2) Signatures required under this Chapter may be | ||
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(3) Delivery of records required under this Chapter | ||
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(4) Fees and taxes required to be paid under this | ||
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(a-5) No later than July 1, 2022, the Secretary of State shall implement, manage, and administer an electronic lien and title system that will permit a lienholder to perfect, assign, and release a lien under this Code. The system may include the points in subsection (a) as to the identified objectives of the program. The Secretary shall establish by administrative rule the standards and procedures relating to the management and implementation of the mandatory electronic lien and title system established under this subsection. The Secretary may charge a reasonable fee for performing the services and functions relating to the management and administration of the system. The fee shall be set by administrative rule adopted by the Secretary. (b) Electronic records accepted by the Secretary of State have the
same force and effect as records created on paper by writing, typing,
printing, or similar means. The procedures established by the
Secretary of State concerning the acceptance of electronic filings
and electronic records shall ensure that the electronic filings and
electronic records are received and stored accurately and that they
are readily available to satisfy any statutory requirements that call
for a written record.
(c) Electronic signatures accepted by the Secretary of State shall have the
same force and effect as manual signatures.
(d) Electronic delivery of records accepted by the Secretary of State shall
have the same force and effect as physical delivery of records.
(e) Electronic records and electronic signatures accepted by the Secretary
of State shall be admissible in all administrative, quasi-judicial,
and judicial proceedings. In any such proceeding, nothing in the
application of the rules of evidence shall apply so as to deny the
admissibility of an electronic record or electronic signature into
evidence on the sole ground that it is an electronic record or
electronic signature, or on the grounds that it is not in its
original form or is not an original. Information in the form of an
electronic record shall be given due evidentiary weight by the trier
of fact.
(f) The Secretary may contract with a private contractor to carry out the Secretary's duties under this Section.(Source: P.A. 101-490, eff. 1-1-20; 102-154, eff. 1-1-22; 102-431, eff. 8-20-21.)
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