Illinois 2023-2024 Regular Session

Illinois House Bill HB3575 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3575 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: See Index Amends the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. Abolishes the Department of Natural Resources Conservation Police Force and transfers its powers and duties to the Illinois State Police. Amends the Public Utilities Act. Abolishes the Illinois Commerce Commission Police Force and transfers its powers and duties to the Illinois State Police. Provides that the Illinois Commerce Commission may enter into an intergovernmental agreement with the Illinois State Police which shall provide: (1) for the transfer of the operational budget of the Illinois Commerce Commission Police Force to the Illinois State Police; (2) for division of appropriate enforcement and investigatory functions between the Commission and the Illinois State Police; (3) that the Illinois Commerce Commission shall provide administrative and other support to the Illinois State Police in the carrying out of the transferred enforcement and investigatory functions; and (4) for any other relevant matter related to the transfer of the Illinois Commerce Commission Police Force to the Illinois State Police. Amends the Illinois Vehicle Code. Abolishes the Secretary of State Department of Police and transfers its powers and duties to the Illinois State Police. Provides that the transitions shall be completed on or before July 1, 2025. Amends various Acts to make conforming changes. Effective October 1, 2023. LRB103 29826 RLC 56234 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3575 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: See Index See Index Amends the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. Abolishes the Department of Natural Resources Conservation Police Force and transfers its powers and duties to the Illinois State Police. Amends the Public Utilities Act. Abolishes the Illinois Commerce Commission Police Force and transfers its powers and duties to the Illinois State Police. Provides that the Illinois Commerce Commission may enter into an intergovernmental agreement with the Illinois State Police which shall provide: (1) for the transfer of the operational budget of the Illinois Commerce Commission Police Force to the Illinois State Police; (2) for division of appropriate enforcement and investigatory functions between the Commission and the Illinois State Police; (3) that the Illinois Commerce Commission shall provide administrative and other support to the Illinois State Police in the carrying out of the transferred enforcement and investigatory functions; and (4) for any other relevant matter related to the transfer of the Illinois Commerce Commission Police Force to the Illinois State Police. Amends the Illinois Vehicle Code. Abolishes the Secretary of State Department of Police and transfers its powers and duties to the Illinois State Police. Provides that the transitions shall be completed on or before July 1, 2025. Amends various Acts to make conforming changes. Effective October 1, 2023. LRB103 29826 RLC 56234 b LRB103 29826 RLC 56234 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3575 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. Abolishes the Department of Natural Resources Conservation Police Force and transfers its powers and duties to the Illinois State Police. Amends the Public Utilities Act. Abolishes the Illinois Commerce Commission Police Force and transfers its powers and duties to the Illinois State Police. Provides that the Illinois Commerce Commission may enter into an intergovernmental agreement with the Illinois State Police which shall provide: (1) for the transfer of the operational budget of the Illinois Commerce Commission Police Force to the Illinois State Police; (2) for division of appropriate enforcement and investigatory functions between the Commission and the Illinois State Police; (3) that the Illinois Commerce Commission shall provide administrative and other support to the Illinois State Police in the carrying out of the transferred enforcement and investigatory functions; and (4) for any other relevant matter related to the transfer of the Illinois Commerce Commission Police Force to the Illinois State Police. Amends the Illinois Vehicle Code. Abolishes the Secretary of State Department of Police and transfers its powers and duties to the Illinois State Police. Provides that the transitions shall be completed on or before July 1, 2025. Amends various Acts to make conforming changes. Effective October 1, 2023.
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11	11	1 AN ACT concerning State government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Identification Card Act is amended
15	15	5 by changing Section 4D as follows:
16	16	6 (15 ILCS 335/4D)
17	17	7 Sec. 4D. Issuance of confidential identification cards.
18	18	8 (a) Requirements for use of confidential identification
19	19	9 cards. Confidential identification cards may be issued to
20	20	10 local, state, and federal government agencies for bona fide
21	21	11 law enforcement purposes. The identification cards may be
22	22	12 issued in fictitious names and addresses, and may be used only
23	23	13 in confidential, investigative, or undercover law enforcement
24	24	14 operations. Confidential identification cards may be issued as
25	25	15 REAL ID compliant or non-compliant identification cards.
26	26	16 (b) Application procedures for confidential identification
27	27	17 cards:
28	28	18 (1) Applications by local, state, and federal
29	29	19 government agencies for confidential identification cards
30	30	20 must be made to the Secretary of State Police Department
31	31	21 on a form and in a manner prescribed by the Secretary of
32	32	22 State Police Department.
33	33	23 (2) The application form must include information, as
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3575 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. Abolishes the Department of Natural Resources Conservation Police Force and transfers its powers and duties to the Illinois State Police. Amends the Public Utilities Act. Abolishes the Illinois Commerce Commission Police Force and transfers its powers and duties to the Illinois State Police. Provides that the Illinois Commerce Commission may enter into an intergovernmental agreement with the Illinois State Police which shall provide: (1) for the transfer of the operational budget of the Illinois Commerce Commission Police Force to the Illinois State Police; (2) for division of appropriate enforcement and investigatory functions between the Commission and the Illinois State Police; (3) that the Illinois Commerce Commission shall provide administrative and other support to the Illinois State Police in the carrying out of the transferred enforcement and investigatory functions; and (4) for any other relevant matter related to the transfer of the Illinois Commerce Commission Police Force to the Illinois State Police. Amends the Illinois Vehicle Code. Abolishes the Secretary of State Department of Police and transfers its powers and duties to the Illinois State Police. Provides that the transitions shall be completed on or before July 1, 2025. Amends various Acts to make conforming changes. Effective October 1, 2023.
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43	43	A BILL FOR
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68	68	1 specific as possible without compromising investigations
69	69	2 or techniques, setting forth the need for the
70	70	3 identification cards and the uses to which the
71	71	4 identification cards will be limited.
72	72	5 (3) The application form must be signed and verified
73	73	6 by the local, state, or federal government agency head or
74	74	7 designee.
75	75	8 (4) Information maintained by the Secretary of State
76	76	9 Police Department for confidential identification cards
77	77	10 must show the fictitious names and addresses on all
78	78	11 records subject to public disclosure. All other
79	79	12 information concerning these confidential identification
80	80	13 cards are exempt from disclosure unless the disclosure is
81	81	14 ordered by a court of competent jurisdiction.
82	82	15 (c) Cancellation procedures for confidential
83	83	16 identification cards:
84	84	17 (1) The Secretary of State Police Department may
85	85	18 cancel or refuse to renew confidential identification
86	86	19 cards when they have reasonable cause to believe the cards
87	87	20 are being used for purposes other than those set forth in
88	88	21 the application form or authorized by this Section.
89	89	22 (2) A government agency must request cancellation of
90	90	23 confidential identification cards that are no longer
91	91	24 required for the purposes for which they were issued.
92	92	25 (3) Upon the request of the Secretary of State Police
93	93	26 Department, all cancelled confidential identification
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104	104	1 cards must be promptly returned to the Secretary of State
105	105	2 Police Department by the government agency to which they
106	106	3 were issued.
107	107	4 (Source: P.A. 100-248, eff. 8-22-17.)
108	108	5 (20 ILCS 801/1-30 rep.)
109	109	6 Section 10. The Department of Natural Resources Act is
110	110	7 amended by repealing Section 1-30.
111	111	8 Section 15. The Department of Natural Resources
112	112	9 (Conservation) Law of the Civil Administrative Code of
113	113	10 Illinois is amended by adding Section 536 as follows:
114	114	11 (20 ILCS 805/536 new)
115	115	12 Sec. 536. Conservation Police Force abolished; transfer of
116	116	13 powers and duties.
117	117	14 (a) On and after the effective date of this amendatory Act
118	118	15 of the 103rd General Assembly, the Department of Natural
119	119	16 Resources Conservation Police Force is abolished and all
120	120	17 powers, duties, rights, and responsibilities of the Department
121	121	18 of Natural Resources Conservation Police Force shall be
122	122	19 transferred to the Illinois State Police. The powers, duties,
123	123	20 rights, and responsibilities related to the functions of the
124	124	21 Department of Natural Resources Conservation Police Force
125	125	22 transferred under this amendatory Act of the 103rd General
126	126	23 Assembly shall be vested in and shall be exercised by the
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137	137	1 Illinois State Police. The Illinois State Police shall assume
138	138	2 all enforcement duties held currently by Conservation Police
139	139	3 Officers. On and after the effective date of this amendatory
140	140	4 Act of the 103rd General Assembly, the Department of Natural
141	141	5 Resources is prohibited from hiring additional Conservation
142	142	6 Police Officers.
143	143	7 (b) Conservation Police Officers within the Department of
144	144	8 Natural Resources who are engaged in the performance of
145	145	9 functions transferred to the Illinois State Police under this
146	146	10 amendatory Act of the 103rd General Assembly are transferred
147	147	11 to and shall continue their service within the Illinois State
148	148	12 Police. The status and rights of those employees under the
149	149	13 Personnel Code shall not be affected by this amendatory Act of
150	150	14 the 103rd General Assembly. The rights of the employees and
151	151	15 the State of Illinois and its agencies under the Personnel
152	152	16 Code and applicable collective bargaining agreements or under
153	153	17 any pension, retirement, or annuity plan, shall not be
154	154	18 affected by this amendatory Act of the 103rd General Assembly.
155	155	19 Current Conservation Police Officers' salaries shall remain at
156	156	20 the rate in effect on the effective date of this amendatory Act
157	157	21 of the 103rd General Assembly, until an applicable collective
158	158	22 bargaining agreement is adopted.
159	159	23 (c) All books, records, papers, documents, and equipment
160	160	24 related to the responsibilities transferred to the Illinois
161	161	25 State Police under this amendatory Act of the 103rd General
162	162	26 Assembly, including, but not limited to, material in
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173	173	1 electronic or magnetic format and necessary computer hardware
174	174	2 and software, shall be transferred to the Illinois State
175	175	3 Police.
176	176	4 (d) All unexpended appropriations and balances and other
177	177	5 funds available for use by the Department of Natural Resources
178	178	6 Conservation Police Force shall be transferred for use by the
179	179	7 Illinois State Police in accordance with this amendatory Act
180	180	8 of the 103rd General Assembly. Unexpended balances so
181	181	9 transferred shall be expended by the Illinois State Police
182	182	10 only for the purpose for which the appropriations were
183	183	11 originally made.
184	184	12 (e) Any rules of the Department of Natural Resources that
185	185	13 relate to its powers, duties, rights, and responsibilities
186	186	14 with respect to functions transferred to the Illinois State
187	187	15 Police by this amendatory Act of the 103rd General Assembly
188	188	16 and which are in full force on the effective date of this
189	189	17 amendatory Act of the 103rd General Assembly shall become the
190	190	18 rules of the Illinois State Police. This amendatory Act of the
191	191	19 103rd General Assembly does not affect the legality of any of
192	192	20 those rules in the Illinois Administrative Code. Any proposed
193	193	21 rule filed with the Secretary of State by the Department of
194	194	22 Natural Resources that is pending in the rulemaking process on
195	195	23 the effective date of this amendatory Act of the 103rd General
196	196	24 Assembly and pertain to the powers, duties, rights, and
197	197	25 responsibilities transferred, shall be deemed to have been
198	198	26 filed by the Illinois State Police. As soon as practicable
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209	209	1 hereafter, the Illinois State Police shall revise and clarify
210	210	2 the rules transferred to it under this amendatory Act of the
211	211	3 103rd General Assembly to reflect the reorganization of
212	212	4 powers, duties, rights, and responsibilities affected by this
213	213	5 amendatory Act of the 103rd General Assembly, using the
214	214	6 procedures for recodification of rules available under the
215	215	7 Illinois Administrative Procedure Act, except that existing
216	216	8 title, part, and section numbering for the affected rules may
217	217	9 be retained. On and after the effective date of this
218	218	10 amendatory Act of the 103rd General Assembly, the Illinois
219	219	11 State Police may propose and adopt, under the Illinois
220	220	12 Administrative Procedure Act, any other rules that relate to
221	221	13 the functions of the Conservation Police Force transferred to
222	222	14 and that will now be administered by the Illinois State
223	223	15 Police.
224	224	16 (f) The transfer of powers, duties, rights, and
225	225	17 responsibilities to the Illinois State Police under this
226	226	18 amendatory Act of the 103rd General Assembly does not affect
227	227	19 any person's rights, obligations, or duties, including any
228	228	20 civil or criminal penalties applicable, arising out of those
229	229	21 transferred powers, duties, rights, and responsibilities.
230	230	22 (g) This amendatory Act of the 103rd General Assembly does
231	231	23 not affect any act done, ratified, or canceled, or any right
232	232	24 occurring or established, or any action or proceeding had or
233	233	25 commenced in an administrative, civil, or criminal cause by
234	234	26 the Conservation Police Force or any Conservation Police
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245	245	1 Officer before the effective date of this amendatory Act of
246	246	2 the 103rd General Assembly; those actions or proceedings may
247	247	3 be defended, prosecuted, or continued by the Illinois State
248	248	4 Police.
249	249	5 (h) The transition required under this Section shall be
250	250	6 completed on or before July 1, 2025.
251	251	7 (20 ILCS 805/805-535 rep.)
252	252	8 (20 ILCS 805/805-537 rep.)
253	253	9 (20 ILCS 805/805-540 rep.)
254	254	10 Section 20. The Department of Natural Resources
255	255	11 (Conservation) Law of the Civil Administrative Code of
256	256	12 Illinois is amended by repealing Sections 805-535, 805-537,
257	257	13 and 805-540.
258	258	14 Section 25. The Illinois State Police Law of the Civil
259	259	15 Administrative Code of Illinois is amended by changing Section
260	260	16 2605-25 and by adding Section 2605-56 as follows:
261	261	17 (20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1)
262	262	18 Sec. 2605-25. Illinois State Police divisions.
263	263	19 (a) The Illinois State Police is divided into the Division
264	264	20 of Statewide 9-1-1, the Division of Patrol Operations, the
265	265	21 Division of Criminal Investigation, the Division of Forensic
266	266	22 Services, the Division of Conservation, the Division of
267	267	23 Protected Services, the Division of Justice Services, the
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278	278	1 Division of the Academy and Training, and the Division of
279	279	2 Internal Investigation.
280	280	3 (b) The Office of the Director shall:
281	281	4 (1) Exercise the rights, powers, and duties vested in
282	282	5 the Illinois State Police by the Governor's Office of
283	283	6 Management and Budget Act.
284	284	7 (2) Exercise the rights, powers, and duties vested in
285	285	8 the Illinois State Police by the Personnel Code.
286	286	9 (3) Exercise the rights, powers, and duties vested in
287	287	10 the Illinois State Police by "An Act relating to internal
288	288	11 auditing in State government", approved August 11, 1967
289	289	12 (repealed; now the Fiscal Control and Internal Auditing
290	290	13 Act).
291	291	14 (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
292	292	15 (20 ILCS 2605/2605-56 new)
293	293	16 Sec. 2605-56. Intergovernmental agreement with Illinois
294	294	17 Commerce Commission. The Illinois State Police may enter into
295	295	18 an intergovernmental agreement with the Illinois Commerce
296	296	19 Commission concerning the abolition of the Illinois Commerce
297	297	20 Commission Police Force under this amendatory Act of the 103rd
298	298	21 General Assembly. The intergovernmental agreement shall
299	299	22 provide: (1) for the transfer of the operational budget of the
300	300	23 Illinois Commerce Commission Police Force to the Illinois
301	301	24 State Police; (2) for division of appropriate enforcement and
302	302	25 investigatory functions between the Illinois Commerce
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313	313	1 Commission and the Illinois State Police; (3) that the
314	314	2 Illinois Commerce Commission shall provide administrative and
315	315	3 other support to the Illinois State Police in the carrying out
316	316	4 of the transferred enforcement and investigatory functions;
317	317	5 and (4) for any other relevant matter related to the transfer
318	318	6 of the Illinois Commerce Commission Police Force to the
319	319	7 Illinois State Police.
320	320	8 Section 30. The State Police Act is amended by changing
321	321	9 Section 9 as follows:
322	322	10 (20 ILCS 2610/9) (from Ch. 121, par. 307.9)
323	323	11 Sec. 9. Appointment; qualifications.
324	324	12 (a) Except as otherwise provided in this Section, the
325	325	13 appointment of Illinois State Police officers shall be made
326	326	14 from those applicants who have been certified by the Board as
327	327	15 being qualified for appointment. All persons so appointed
328	328	16 shall, at the time of their appointment, be not less than 21
329	329	17 years of age, or 20 years of age and have successfully
330	330	18 completed an associate's degree or 60 credit hours at an
331	331	19 accredited college or university. Any person appointed
332	332	20 subsequent to successful completion of an associate's degree
333	333	21 or 60 credit hours at an accredited college or university
334	334	22 shall not have power of arrest, nor shall he or she be
335	335	23 permitted to carry firearms, until he or she reaches 21 years
336	336	24 of age. In addition, all persons so certified for appointment
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347	347	1 shall be of sound mind and body, be of good moral character, be
348	348	2 citizens of the United States, have no criminal records,
349	349	3 possess such prerequisites of training, education, and
350	350	4 experience as the Board may from time to time prescribe so long
351	351	5 as persons who have an associate's degree or 60 credit hours at
352	352	6 an accredited college or university are not disqualified, and
353	353	7 shall be required to pass successfully such mental and
354	354	8 physical tests and examinations as may be prescribed by the
355	355	9 Board. All persons who meet one of the following requirements
356	356	10 are deemed to have met the collegiate educational
357	357	11 requirements:
358	358	12 (i) have been honorably discharged and who have been
359	359	13 awarded a Southwest Asia Service Medal, Kosovo Campaign
360	360	14 Medal, Korean Defense Service Medal, Afghanistan Campaign
361	361	15 Medal, Iraq Campaign Medal, or Global War on Terrorism
362	362	16 Expeditionary Medal by the United States Armed Forces;
363	363	17 (ii) are active members of the Illinois National Guard
364	364	18 or a reserve component of the United States Armed Forces
365	365	19 and who have been awarded a Southwest Asia Service Medal,
366	366	20 Kosovo Campaign Medal, Korean Defense Service Medal,
367	367	21 Afghanistan Campaign Medal, Iraq Campaign Medal, or Global
368	368	22 War on Terrorism Expeditionary Medal as a result of
369	369	23 honorable service during deployment on active duty;
370	370	24 (iii) have been honorably discharged who served in a
371	371	25 combat mission by proof of hostile fire pay or imminent
372	372	26 danger pay during deployment on active duty; or
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383	383	1 (iv) have at least 3 years of full active and
384	384	2 continuous military duty and received an honorable
385	385	3 discharge before hiring.
386	386	4 Preference shall be given in such appointments to persons
387	387	5 who have honorably served in the military or naval services of
388	388	6 the United States. All appointees shall serve a probationary
389	389	7 period of 12 months from the date of appointment and during
390	390	8 that period may be discharged at the will of the Director.
391	391	9 However, the Director may in his or her sole discretion extend
392	392	10 the probationary period of an officer up to an additional 6
393	393	11 months when to do so is deemed in the best interest of the
394	394	12 Illinois State Police. Nothing in this subsection (a) limits
395	395	13 the Board's ability to prescribe education prerequisites or
396	396	14 requirements to certify Illinois State Police officers for
397	397	15 promotion as provided in Section 10 of this Act.
398	398	16 (b) Notwithstanding the other provisions of this Act,
399	399	17 after July 1, 1977 and before July 1, 1980, the Director of
400	400	18 State Police may appoint and promote not more than 20 persons
401	401	19 having special qualifications as special agents as he or she
402	402	20 deems necessary to carry out the Department's objectives. Any
403	403	21 such appointment or promotion shall be ratified by the Board.
404	404	22 (c) During the 90 days following March 31, 1995 (the
405	405	23 effective date of Public Act 89-9), the Director of State
406	406	24 Police may appoint up to 25 persons as State Police officers.
407	407	25 These appointments shall be made in accordance with the
408	408	26 requirements of this subsection (c) and any additional
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419	419	1 criteria that may be established by the Director, but are not
420	420	2 subject to any other requirements of this Act. The Director
421	421	3 may specify the initial rank for each person appointed under
422	422	4 this subsection.
423	423	5 All appointments under this subsection (c) shall be made
424	424	6 from personnel certified by the Board. A person certified by
425	425	7 the Board and appointed by the Director under this subsection
426	426	8 must have been employed by the Illinois Commerce Commission on
427	427	9 November 30, 1994 in a job title subject to the Personnel Code
428	428	10 and in a position for which the person was eligible to earn
429	429	11 "eligible creditable service" as a "noncovered employee", as
430	430	12 those terms are defined in Article 14 of the Illinois Pension
431	431	13 Code.
432	432	14 The Director may appoint an appropriate number of officers
433	433	15 on or after the effective date of this amendatory Act of the
434	434	16 103rd General Assembly to absorb police officers from the
435	435	17 Illinois Commerce Commission and Department of Natural
436	436	18 Resources, with the elimination of those agencies' police
437	437	19 forces.
438	438	20 Persons appointed under this subsection (c) shall
439	439	21 thereafter be subject to the same requirements and procedures
440	440	22 as other State police officers. A person appointed under this
441	441	23 subsection must serve a probationary period of 12 months from
442	442	24 the date of appointment, during which he or she may be
443	443	25 discharged at the will of the Director.
444	444	26 This subsection (c) does not affect or limit the
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455	455	1 Director's authority to appoint other State Police officers
456	456	2 under subsection (a) of this Section.
457	457	3 (d) During the 180 days following January 1, 2022 (the
458	458	4 effective date of Public Act 101-652), the Director of the
459	459	5 Illinois State Police may appoint current Illinois State
460	460	6 Police employees serving in law enforcement officer positions
461	461	7 previously within Central Management Services as State Police
462	462	8 officers. These appointments shall be made in accordance with
463	463	9 the requirements of this subsection (d) and any institutional
464	464	10 criteria that may be established by the Director, but are not
465	465	11 subject to any other requirements of this Act. All
466	466	12 appointments under this subsection (d) shall be made from
467	467	13 personnel certified by the Board. A person certified by the
468	468	14 Board and appointed by the Director under this subsection must
469	469	15 have been employed by the a State agency, board, or commission
470	470	16 on January 1, 2021 in a job title subject to the Personnel Code
471	471	17 and in a position for which the person was eligible to earn
472	472	18 "eligible creditable service" as a "noncovered employee", as
473	473	19 those terms are defined in Article 14 of the Illinois Pension
474	474	20 Code. Persons appointed under this subsection (d) shall
475	475	21 thereafter be subject to the same requirements, and subject to
476	476	22 the same contractual benefits and obligations, as other State
477	477	23 police officers. This subsection (d) does not affect or limit
478	478	24 the Director's authority to appoint other State Police
479	479	25 officers under subsection (a) of this Section.
480	480	26 (e) The Merit Board shall review Illinois State Police
481	481
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483	483
484	484
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491	491	1 Cadet applicants. The Illinois State Police may provide
492	492	2 background check and investigation material to the Board for
493	493	3 its review pursuant to this Section. The Board shall approve
494	494	4 and ensure that no cadet applicant is certified unless the
495	495	5 applicant is a person of good character and has not been
496	496	6 convicted of, or entered a plea of guilty to, a felony offense,
497	497	7 any of the misdemeanors specified in this Section or if
498	498	8 committed in any other state would be an offense similar to
499	499	9 Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14,
500	500	10 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1,
501	501	11 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
502	502	12 violation of any Section of Part E of Title III of the Criminal
503	503	13 Code of 1961 or the Criminal Code of 2012, 32-4a, or 32-7 of
504	504	14 the Criminal Code of 1961 or the Criminal Code of 2012, or
505	505	15 subsection (a) of Section 17-32 of the Criminal Code of 1961 or
506	506	16 the Criminal Code of 2012, to Section 5 or 5.2 of the Cannabis
507	507	17 Control Act, or any felony or misdemeanor in violation of
508	508	18 federal law or the law of any state that is the equivalent of
509	509	19 any of the offenses specified therein. The Officer
510	510	20 Professional Conduct Database, provided for in Section 9.2 of
511	511	21 the Illinois Police Training Act, shall be searched as part of
512	512	22 this process. For purposes of this Section, "convicted of, or
513	513	23 entered a plea of guilty" regardless of whether the
514	514	24 adjudication of guilt or sentence is withheld or not entered
515	515	25 thereon. This includes sentences of supervision, conditional
516	516	26 discharge, or first offender probation, or any similar
517	517
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527	527	1 disposition provided for by law.
528	528	2 (f) The Board shall by rule establish an application fee
529	529	3 waiver program for any person who meets one or more of the
530	530	4 following criteria:
531	531	5 (1) his or her available personal income is 200% or
532	532	6 less of the current poverty level; or
533	533	7 (2) he or she is, in the discretion of the Board,
534	534	8 unable to proceed in an action with payment of application
535	535	9 fee and payment of that fee would result in substantial
536	536	10 hardship to the person or the person's family.
537	537	11 (Source: P.A. 101-374, eff. 1-1-20; 101-652, eff. 1-1-22;
538	538	12 102-538, eff. 8-20-21; 102-694, eff. 1-7-22; 102-813, eff.
539	539	13 5-13-22; revised 8-24-22.)
540	540	14 Section 35. The Illinois State Police Radio Act is amended
541	541	15 by changing Section 10 as follows:
542	542	16 (20 ILCS 2615/10)
543	543	17 Sec. 10. Public safety radio interoperability. Upon their
544	544	18 establishment and thereafter, the Director of the Illinois
545	545	19 State Police, or his or her designee, shall serve as the
546	546	20 chairman of the Illinois Statewide Interoperability Executive
547	547	21 Committee (SIEC) and as the chairman of the STARCOM21
548	548	22 Oversight Committee. The Director, as chairman, may increase
549	549	23 the size and makeup of the voting membership of each committee
550	550	24 when deemed necessary for improved public safety radio
551	551
552	552
553	553
554	554
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561	561	1 interoperability, but the voting membership of each committee
562	562	2 must represent public safety users (police, fire, or EMS) and
563	563	3 must, at a minimum, include the representatives specified in
564	564	4 this Section. The STARCOM21 Oversight Committee must comprise
565	565	5 public safety users accessing the system. The SIEC shall have
566	566	6 at a minimum one representative from each of the following:
567	567	7 the Illinois Fire Chiefs Association, the Rural Fire
568	568	8 Protection Association, the Office of the State Fire Marshal,
569	569	9 the Illinois Association of Chiefs of Police, the Illinois
570	570	10 Sheriffs' Association, the Illinois State Police, the Illinois
571	571	11 Emergency Management Agency, and the Department of Public
572	572	12 Health, and the Secretary of State Police (which
573	573	13 representative shall be the Director of the Secretary of State
574	574	14 Police or his or her designee).
575	575	15 (Source: P.A. 102-538, eff. 8-20-21.)
576	576	16 Section 36. The Illinois Vehicle Hijacking and Motor
577	577	17 Vehicle Theft Prevention and Insurance Verification Act is
578	578	18 amended by changing Section 3 as follows:
579	579	19 (20 ILCS 4005/3) (from Ch. 95 1/2, par. 1303)
580	580	20 (Section scheduled to be repealed on January 1, 2025)
581	581	21 Sec. 3. As used in this Act:
582	582	22 (a) (Blank).
583	583	23 (b) "Council" means the Illinois Vehicle Hijacking and
584	584	24 Motor Vehicle Theft Prevention and Insurance Verification
585	585
586	586
587	587
588	588
589	589
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595	595	1 Council.
596	596	2 (b-2) "Director" means the Director of the Illinois State
597	597	3 Police the Secretary of State Department of Police.
598	598	4 (b-5) "Police" means the Illinois State Police Secretary
599	599	5 of State Department of Police.
600	600	6 (b-7) "Secretary" means the Secretary of State.
601	601	7 (c) "Trust Fund" means the Vehicle Hijacking and Motor
602	602	8 Vehicle Theft Prevention and Insurance Verification Trust
603	603	9 Fund.
604	604	10 (Source: P.A. 102-904, eff. 1-1-23.)
605	605	11 Section 40. The State Finance Act is amended by changing
606	606	12 Sections 5.567 and 5.613 as follows:
607	607	13 (30 ILCS 105/5.567)
608	608	14 Sec. 5.567. The Secretary of State Police Services Fund.
609	609	15 (Source: P.A. 95-331, eff. 8-21-07.)
610	610	16 (30 ILCS 105/5.613)
611	611	17 Sec. 5.613. The Secretary of State Police DUI Fund.
612	612	18 (Source: P.A. 95-331, eff. 8-21-07.)
613	613	19 Section 45. The State Property Control Act is amended by
614	614	20 changing Section 7 as follows:
615	615	21 (30 ILCS 605/7) (from Ch. 127, par. 133b10)
616	616
617	617
618	618
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626	626	1 Sec. 7. Disposition of transferable property.
627	627	2 (a) Except as provided in subsection (c), whenever a
628	628	3 responsible officer considers it advantageous to the State to
629	629	4 dispose of transferable property by trading it in for credit
630	630	5 on a replacement of like nature, the responsible officer shall
631	631	6 report the trade-in and replacement to the administrator on
632	632	7 forms furnished by the latter. The exchange, trade or transfer
633	633	8 of "textbooks" as defined in Section 18-17 of the School Code
634	634	9 between schools or school districts pursuant to regulations
635	635	10 adopted by the State Board of Education under that Section
636	636	11 shall not constitute a disposition of transferable property
637	637	12 within the meaning of this Section, even though such exchange,
638	638	13 trade or transfer occurs within 5 years after the textbooks
639	639	14 are first provided for loan pursuant to Section 18-17 of the
640	640	15 School Code.
641	641	16 (b) Except as provided in subsection (c), whenever it is
642	642	17 deemed necessary to dispose of any item of transferable
643	643	18 property, the administrator shall proceed to dispose of the
644	644	19 property by sale or scrapping as the case may be, in whatever
645	645	20 manner he considers most advantageous and most profitable to
646	646	21 the State. Items of transferable property which would
647	647	22 ordinarily be scrapped and disposed of by burning or by burial
648	648	23 in a landfill may be examined and a determination made whether
649	649	24 the property should be recycled. This determination and any
650	650	25 sale of recyclable property shall be in accordance with rules
651	651	26 promulgated by the Administrator.
652	652
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662	662	1 When the administrator determines that property is to be
663	663	2 disposed of by sale, he shall offer it first to the
664	664	3 municipalities, counties, and school districts of the State
665	665	4 and to charitable, not-for-profit educational and public
666	666	5 health organizations, including but not limited to medical
667	667	6 institutions, clinics, hospitals, health centers, schools,
668	668	7 colleges, universities, child care centers, museums, nursing
669	669	8 homes, programs for the elderly, food banks, State Use
670	670	9 Sheltered Workshops and the Boy and Girl Scouts of America,
671	671	10 for purchase at an appraised value. Notice of inspection or
672	672	11 viewing dates and property lists shall be distributed in the
673	673	12 manner provided in rules and regulations promulgated by the
674	674	13 Administrator for that purpose.
675	675	14 Electronic data processing equipment purchased and charged
676	676	15 to appropriations may, at the discretion of the administrator,
677	677	16 be sold, pursuant to contracts entered into by the Director of
678	678	17 Central Management Services or the heads of agencies exempt
679	679	18 from "The Illinois Purchasing Act". However such equipment
680	680	19 shall not be sold at prices less than the purchase cost thereof
681	681	20 or depreciated value as determined by the administrator. No
682	682	21 sale of the electronic data processing equipment and lease to
683	683	22 the State by the purchaser of such equipment shall be made
684	684	23 under this Act unless the Director of Central Management
685	685	24 Services finds that such contracts are financially
686	686	25 advantageous to the State.
687	687	26 Disposition of other transferable property by sale, except
688	688
689	689
690	690
691	691
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698	698	1 sales directly to local governmental units, school districts,
699	699	2 and not-for-profit educational, charitable and public health
700	700	3 organizations, shall be subject to the following minimum
701	701	4 conditions:
702	702	5 (1) The administrator shall cause the property to be
703	703	6 advertised for sale to the highest responsible bidder,
704	704	7 stating time, place, and terms of such sale at least 7 days
705	705	8 prior to the time of sale and at least once in a newspaper
706	706	9 having a general circulation in the county where the
707	707	10 property is to be sold.
708	708	11 (2) If no acceptable bids are received, the
709	709	12 administrator may then sell the property in whatever
710	710	13 manner he considers most advantageous and most profitable
711	711	14 to the State.
712	712	15 (c) Notwithstanding any other provision of this Act, an
713	713	16 agency covered by this Act may transfer books, serial
714	714	17 publications, or other library materials that are transferable
715	715	18 property, or that have been withdrawn from the agency's
716	716	19 library collection through a regular collection evaluation
717	717	20 process, to any of the following entities:
718	718	21 (1) Another agency covered by this Act located in
719	719	22 Illinois.
720	720	23 (2) A State supported university library located in
721	721	24 Illinois.
722	722	25 (3) A tax-supported public library located in
723	723	26 Illinois, including a library established by a public
724	724
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734	734	1 library district.
735	735	2 (4) A library system organized under the Illinois
736	736	3 Library System Act or any library located in Illinois that
737	737	4 is a member of such a system.
738	738	5 (5) A non-profit agency, located in or outside
739	739	6 Illinois.
740	740	7 A transfer of property under this subsection is not
741	741	8 subject to the requirements of subsection (a) or (b).
742	742	9 In addition, an agency covered by this Act may sell or
743	743	10 exchange books, serial publications, and other library
744	744	11 materials that have been withdrawn from its library collection
745	745	12 through a regular collection evaluation process. Those items
746	746	13 may be sold to the public at library book sales or to book
747	747	14 dealers or may be offered through exchange to book dealers or
748	748	15 other organizations. Revenues generated from the sale of
749	749	16 withdrawn items shall be retained by the agency in a separate
750	750	17 account to be used solely for the purchase of library
751	751	18 materials; except that in the case of the State Library,
752	752	19 revenues from the sale of withdrawn items shall be deposited
753	753	20 into the State Library Fund to be used for the purposes stated
754	754	21 in Section 25 of the State Library Act.
755	755	22 For purposes of this subsection (c), "library materials"
756	756	23 means physical entities of any substance that serve as
757	757	24 carriers of information, including, without limitation, books,
758	758	25 serial publications, periodicals, microforms, graphics, audio
759	759	26 or video recordings, and machine readable data files.
760	760
761	761
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763	763
764	764
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770	770	1 (d) Notwithstanding any other provision of this Act, the
771	771	2 Director of the Illinois State Police may dispose of a service
772	772	3 firearm or police badge issued or previously issued to a
773	773	4 retiring or separating State Police officer as provided in
774	774	5 Section 17b of the Illinois State Police Act. The Director of
775	775	6 Natural Resources may dispose of a service firearm or police
776	776	7 badge issued previously to a retiring Conservation Police
777	777	8 Officer as provided in Section 805-538 of the Department of
778	778	9 Natural Resources (Conservation) Law of the Civil
779	779	10 Administrative Code of Illinois. The Director of the Secretary
780	780	11 of State Department of Police may dispose of a service firearm
781	781	12 or police badge issued or previously issued to a retiring
782	782	13 Secretary of State Police officer, inspector, or investigator
783	783	14 as provided in Section 2-116 of the Illinois Vehicle Code. The
784	784	15 Office of the State Fire Marshal may dispose of a service
785	785	16 firearm or badge previously issued to a State Fire Marshal
786	786	17 Arson Investigator Special Agent who is honorably retiring or
787	787	18 separating in good standing as provided in subsection (c) of
788	788	19 Section 1 of the Peace Officer Fire Investigation Act.
789	789	20 (Source: P.A. 102-538, eff. 8-20-21.)
790	790	21 Section 50. The State Vehicle Identification Act is
791	791	22 amended by changing Section 4 as follows:
792	792	23 (30 ILCS 610/4) (from Ch. 127, par. 133e4)
793	793	24 Sec. 4. This Act shall not apply to vehicles used by
794	794
795	795
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804	804	1 elective State officers, by executive heads of State agencies
805	805	2 and departments, by presidents of colleges or universities
806	806	3 placed under control of officers of this State, or by any
807	807	4 employee of a State agency or department in the performance of
808	808	5 investigative services exclusively when the executive head
809	809	6 thereof has requested an exception in writing, and such
810	810	7 exception has been approved in writing by the Department, on
811	811	8 the basis that the identification would hamper the individual
812	812	9 employee in the routine performance of his investigative
813	813	10 duties. A record, open to public inspection, shall be kept by
814	814	11 the Department of all such exceptions approved by it.
815	815	12 This Act shall not apply to vehicles assigned to the use of
816	816	13 the Illinois State Police and the Division of Law Enforcement
817	817	14 of the Department of Natural Resources, and the executive head
818	818	15 heads thereof shall have within its their discretion
819	819	16 determination of the type of markings or identification, if
820	820	17 any, to be affixed to vehicles assigned to the Illinois State
821	821	18 Police said Department or Division nor shall this Act apply to
822	822	19 vehicles assigned to the use of Secretary of State police
823	823	20 officers.
824	824	21 (Source: P.A. 102-538, eff. 8-20-21.)
825	825	22 Section 55. The Illinois Pension Code is amended by
826	826	23 changing Sections 3-110.6, 5-236, 7-139.8, 9-121.10, 14-110,
827	827	24 and 15-134.4 as follows:
828	828
829	829
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831	831
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838	838	1 (40 ILCS 5/3-110.6) (from Ch. 108 1/2, par. 3-110.6)
839	839	2 Sec. 3-110.6. Transfer to Article 14 System.
840	840	3 (a) Any active member of the State Employees' Retirement
841	841	4 System who is a State policeman, an investigator for the
842	842	5 Secretary of State, a conservation police officer, an
843	843	6 investigator for the Office of the Attorney General, an
844	844	7 investigator for the Department of Revenue, an investigator
845	845	8 for the Office of the State's Attorneys Appellate Prosecutor,
846	846	9 or a controlled substance inspector may apply for transfer of
847	847	10 some or all of his or her creditable service accumulated in any
848	848	11 police pension fund under this Article to the State Employees'
849	849	12 Retirement System in accordance with Section 14-110. The
850	850	13 creditable service shall be transferred only upon payment by
851	851	14 the police pension fund to the State Employees' Retirement
852	852	15 System of an amount equal to:
853	853	16 (1) the amounts accumulated to the credit of the
854	854	17 applicant for the service to be transferred on the books
855	855	18 of the fund on the date of transfer; and
856	856	19 (2) employer contributions in an amount equal to the
857	857	20 amount determined under subparagraph (1); and
858	858	21 (3) any interest paid by the applicant in order to
859	859	22 reinstate service to be transferred.
860	860	23 Participation in the police pension fund with respect to the
861	861	24 service to be transferred shall terminate on the date of
862	862	25 transfer.
863	863	26 (b) Any person applying to transfer service under this
864	864
865	865
866	866
867	867
868	868
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870	870
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874	874	1 Section may reinstate service that was terminated by receipt
875	875	2 of a refund, by paying to the police pension fund the amount of
876	876	3 the refund with interest thereon at the actuarially assumed
877	877	4 rate of interest, compounded annually, from the date of refund
878	878	5 to the date of payment.
879	879	6 (Source: P.A. 95-530, eff. 8-28-07; 96-745, eff. 8-25-09.)
880	880	7 (40 ILCS 5/5-236) (from Ch. 108 1/2, par. 5-236)
881	881	8 Sec. 5-236. Transfer to Article 14.
882	882	9 (a) Any active member of the State Employees' Retirement
883	883	10 System who is a State policeman, conservation police officer,
884	884	11 an investigator for the Office of the Attorney General, an
885	885	12 investigator for the Department of Revenue, or investigator
886	886	13 for the Secretary of State may apply for transfer of some or
887	887	14 all of his or her creditable service accumulated under this
888	888	15 Article to the State Employees' Retirement System in
889	889	16 accordance with Section 14-110. At the time of the transfer
890	890	17 the Fund shall pay to the State Employees' Retirement System
891	891	18 an amount equal to:
892	892	19 (1) the amounts accumulated to the credit of the
893	893	20 applicant for the service to be transferred on the books
894	894	21 of the Fund on the date of transfer; and
895	895	22 (2) the corresponding municipality credits, including
896	896	23 interest, on the books of the Fund on the date of transfer;
897	897	24 and
898	898	25 (3) any interest paid by the applicant in order to
899	899
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909	909	1 reinstate service to be transferred.
910	910	2 Participation in this Fund with respect to the service to be
911	911	3 transferred shall terminate on the date of transfer.
912	912	4 (b) Any such State policeman, conservation police officer,
913	913	5 or investigator for the Secretary of State may reinstate
914	914	6 service that was terminated by receipt of a refund, by paying
915	915	7 to the Fund the amount of the refund with interest thereon at
916	916	8 the actuarially assumed rate of interest, compounded annually,
917	917	9 from the date of refund to the date of payment.
918	918	10 (c) Within 30 days after the effective date of this
919	919	11 amendatory Act of 1993, any active member of the State
920	920	12 Employees' Retirement System who was earning eligible
921	921	13 creditable service under subdivision (b)(12) of Section 14-110
922	922	14 on January 1, 1992 and who has at least 17 years of creditable
923	923	15 service under this Article may apply for transfer of his
924	924	16 creditable service accumulated under this Article to the State
925	925	17 Employees' Retirement System. At the time of the transfer the
926	926	18 Fund shall pay to the State Employees' Retirement System an
927	927	19 amount equal to:
928	928	20 (1) the amounts accumulated to the credit of the
929	929	21 applicant on the books of the Fund on the date of transfer;
930	930	22 and
931	931	23 (2) the corresponding municipality credits, including
932	932	24 interest, on the books of the Fund on the date of transfer.
933	933	25 Participation in this Fund shall terminate on the date of
934	934	26 transfer.
935	935
936	936
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938	938
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941	941
942	942
943	943	HB3575- 27 -LRB103 29826 RLC 56234 b HB3575 - 27 - LRB103 29826 RLC 56234 b
944	944	HB3575 - 27 - LRB103 29826 RLC 56234 b
945	945	1 (Source: P.A. 95-530, eff. 8-28-07; 96-745, eff. 8-25-09.)
946	946	2 (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
947	947	3 Sec. 7-139.8. Transfer to Article 14 System.
948	948	4 (a) Any active member of the State Employees' Retirement
949	949	5 System who is a State policeman, an investigator for the
950	950	6 Secretary of State, a conservation police officer, an
951	951	7 investigator for the Office of the Attorney General, an
952	952	8 investigator for the Department of Revenue, an investigator
953	953	9 for the Illinois Gaming Board, an arson investigator, a
954	954	10 Commerce Commission police officer, an investigator for the
955	955	11 Office of the State's Attorneys Appellate Prosecutor, or a
956	956	12 controlled substance inspector may apply for transfer of some
957	957	13 or all of his or her credits and creditable service
958	958	14 accumulated in this Fund for service as a sheriff's law
959	959	15 enforcement employee, person employed by a participating
960	960	16 municipality to perform police duties, or law enforcement
961	961	17 officer employed on a full-time basis by a forest preserve
962	962	18 district to the State Employees' Retirement System in
963	963	19 accordance with Section 14-110. The creditable service shall
964	964	20 be transferred only upon payment by this Fund to the State
965	965	21 Employees' Retirement System of an amount equal to:
966	966	22 (1) the amounts accumulated to the credit of the
967	967	23 applicant for the service to be transferred, including
968	968	24 interest; and
969	969	25 (2) municipality credits based on such service,
970	970
971	971
972	972
973	973
974	974
975	975	HB3575 - 27 - LRB103 29826 RLC 56234 b
976	976
977	977
978	978	HB3575- 28 -LRB103 29826 RLC 56234 b HB3575 - 28 - LRB103 29826 RLC 56234 b
979	979	HB3575 - 28 - LRB103 29826 RLC 56234 b
980	980	1 including interest; and
981	981	2 (3) any interest paid by the applicant to reinstate
982	982	3 such service.
983	983	4 Participation in this Fund as to any credits transferred under
984	984	5 this Section shall terminate on the date of transfer.
985	985	6 (b) Any person applying to transfer service under this
986	986	7 Section may reinstate credits and creditable service
987	987	8 terminated upon receipt of a separation benefit, by paying to
988	988	9 the Fund the amount of the separation benefit plus interest
989	989	10 thereon at the actuarially assumed rate of interest to the
990	990	11 date of payment.
991	991	12 (Source: P.A. 102-210, eff. 7-30-21; 102-856, eff. 1-1-23.)
992	992	13 (40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)
993	993	14 Sec. 9-121.10. Transfer to Article 14.
994	994	15 (a) Any active member of the State Employees' Retirement
995	995	16 System who is a State policeman, investigator for the Office
996	996	17 of the Attorney General, an investigator for the Department of
997	997	18 Revenue, investigator for the Illinois Gaming Board, arson
998	998	19 investigator, or investigator for the Secretary of State, or
999	999	20 conservation police officer may apply for transfer of some or
1000	1000	21 all of his creditable service as a member of the County Police
1001	1001	22 Department, a county corrections officer, or a court services
1002	1002	23 officer accumulated under this Article to the State Employees'
1003	1003	24 Retirement System in accordance with Section 14-110. At the
1004	1004	25 time of the transfer the Fund shall pay to the State Employees'
1005	1005
1006	1006
1007	1007
1008	1008
1009	1009
1010	1010	HB3575 - 28 - LRB103 29826 RLC 56234 b
1011	1011
1012	1012
1013	1013	HB3575- 29 -LRB103 29826 RLC 56234 b HB3575 - 29 - LRB103 29826 RLC 56234 b
1014	1014	HB3575 - 29 - LRB103 29826 RLC 56234 b
1015	1015	1 Retirement System an amount equal to:
1016	1016	2 (1) the amounts accumulated to the credit of the
1017	1017	3 applicant on the books of the Fund on the date of transfer
1018	1018	4 for the service to be transferred; and
1019	1019	5 (2) the corresponding municipality credits, including
1020	1020	6 interest, on the books of the Fund on the date of transfer;
1021	1021	7 and
1022	1022	8 (3) any interest paid by the applicant in order to
1023	1023	9 reinstate such service.
1024	1024	10 Participation in this Fund with respect to the credits
1025	1025	11 transferred shall terminate on the date of transfer.
1026	1026	12 (b) Any person applying to transfer service under this
1027	1027	13 Section may reinstate credit for service as a member of the
1028	1028	14 County Police Department that was terminated by receipt of a
1029	1029	15 refund, by paying to the Fund the amount of the refund with
1030	1030	16 interest thereon at the actuarially assumed rate of interest,
1031	1031	17 compounded annually, from the date of refund to the date of
1032	1032	18 payment.
1033	1033	19 (Source: P.A. 102-856, eff. 1-1-23.)
1034	1034	20 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
1035	1035	21 (Text of Section from P.A. 102-813)
1036	1036	22 Sec. 14-110. Alternative retirement annuity.
1037	1037	23 (a) Any member who has withdrawn from service with not
1038	1038	24 less than 20 years of eligible creditable service and has
1039	1039	25 attained age 55, and any member who has withdrawn from service
1040	1040
1041	1041
1042	1042
1043	1043
1044	1044
1045	1045	HB3575 - 29 - LRB103 29826 RLC 56234 b
1046	1046
1047	1047
1048	1048	HB3575- 30 -LRB103 29826 RLC 56234 b HB3575 - 30 - LRB103 29826 RLC 56234 b
1049	1049	HB3575 - 30 - LRB103 29826 RLC 56234 b
1050	1050	1 with not less than 25 years of eligible creditable service and
1051	1051	2 has attained age 50, regardless of whether the attainment of
1052	1052	3 either of the specified ages occurs while the member is still
1053	1053	4 in service, shall be entitled to receive at the option of the
1054	1054	5 member, in lieu of the regular or minimum retirement annuity,
1055	1055	6 a retirement annuity computed as follows:
1056	1056	7 (i) for periods of service as a noncovered employee:
1057	1057	8 if retirement occurs on or after January 1, 2001, 3% of
1058	1058	9 final average compensation for each year of creditable
1059	1059	10 service; if retirement occurs before January 1, 2001, 2
1060	1060	11 1/4% of final average compensation for each of the first
1061	1061	12 10 years of creditable service, 2 1/2% for each year above
1062	1062	13 10 years to and including 20 years of creditable service,
1063	1063	14 and 2 3/4% for each year of creditable service above 20
1064	1064	15 years; and
1065	1065	16 (ii) for periods of eligible creditable service as a
1066	1066	17 covered employee: if retirement occurs on or after January
1067	1067	18 1, 2001, 2.5% of final average compensation for each year
1068	1068	19 of creditable service; if retirement occurs before January
1069	1069	20 1, 2001, 1.67% of final average compensation for each of
1070	1070	21 the first 10 years of such service, 1.90% for each of the
1071	1071	22 next 10 years of such service, 2.10% for each year of such
1072	1072	23 service in excess of 20 but not exceeding 30, and 2.30% for
1073	1073	24 each year in excess of 30.
1074	1074	25 Such annuity shall be subject to a maximum of 75% of final
1075	1075	26 average compensation if retirement occurs before January 1,
1076	1076
1077	1077
1078	1078
1079	1079
1080	1080
1081	1081	HB3575 - 30 - LRB103 29826 RLC 56234 b
1082	1082
1083	1083
1084	1084	HB3575- 31 -LRB103 29826 RLC 56234 b HB3575 - 31 - LRB103 29826 RLC 56234 b
1085	1085	HB3575 - 31 - LRB103 29826 RLC 56234 b
1086	1086	1 2001 or to a maximum of 80% of final average compensation if
1087	1087	2 retirement occurs on or after January 1, 2001.
1088	1088	3 These rates shall not be applicable to any service
1089	1089	4 performed by a member as a covered employee which is not
1090	1090	5 eligible creditable service. Service as a covered employee
1091	1091	6 which is not eligible creditable service shall be subject to
1092	1092	7 the rates and provisions of Section 14-108.
1093	1093	8 (b) For the purpose of this Section, "eligible creditable
1094	1094	9 service" means creditable service resulting from service in
1095	1095	10 one or more of the following positions:
1096	1096	11 (1) State policeman;
1097	1097	12 (2) fire fighter in the fire protection service of a
1098	1098	13 department;
1099	1099	14 (3) air pilot;
1100	1100	15 (4) special agent;
1101	1101	16 (5) investigator for the Secretary of State;
1102	1102	17 (6) conservation police officer for service before the
1103	1103	18 effective date of this amendatory Act of the 103rd General
1104	1104	19 Assembly;
1105	1105	20 (7) investigator for the Department of Revenue or the
1106	1106	21 Illinois Gaming Board;
1107	1107	22 (8) security employee of the Department of Human
1108	1108	23 Services;
1109	1109	24 (9) Central Management Services security police
1110	1110	25 officer;
1111	1111	26 (10) security employee of the Department of
1112	1112
1113	1113
1114	1114
1115	1115
1116	1116
1117	1117	HB3575 - 31 - LRB103 29826 RLC 56234 b
1118	1118
1119	1119
1120	1120	HB3575- 32 -LRB103 29826 RLC 56234 b HB3575 - 32 - LRB103 29826 RLC 56234 b
1121	1121	HB3575 - 32 - LRB103 29826 RLC 56234 b
1122	1122	1 Corrections or the Department of Juvenile Justice;
1123	1123	2 (11) dangerous drugs investigator;
1124	1124	3 (12) investigator for the Illinois State Police;
1125	1125	4 (13) investigator for the Office of the Attorney
1126	1126	5 General;
1127	1127	6 (14) controlled substance inspector;
1128	1128	7 (15) investigator for the Office of the State's
1129	1129	8 Attorneys Appellate Prosecutor;
1130	1130	9 (16) Commerce Commission police officer for service
1131	1131	10 before the effective date of this amendatory Act of the
1132	1132	11 103rd General Assembly;
1133	1133	12 (17) arson investigator;
1134	1134	13 (18) State highway maintenance worker;
1135	1135	14 (19) security employee of the Department of Innovation
1136	1136	15 and Technology; or
1137	1137	16 (20) transferred employee.
1138	1138	17 A person employed in one of the positions specified in
1139	1139	18 this subsection is entitled to eligible creditable service for
1140	1140	19 service credit earned under this Article while undergoing the
1141	1141	20 basic police training course approved by the Illinois Law
1142	1142	21 Enforcement Training Standards Board, if completion of that
1143	1143	22 training is required of persons serving in that position. For
1144	1144	23 the purposes of this Code, service during the required basic
1145	1145	24 police training course shall be deemed performance of the
1146	1146	25 duties of the specified position, even though the person is
1147	1147	26 not a sworn peace officer at the time of the training.
1148	1148
1149	1149
1150	1150
1151	1151
1152	1152
1153	1153	HB3575 - 32 - LRB103 29826 RLC 56234 b
1154	1154
1155	1155
1156	1156	HB3575- 33 -LRB103 29826 RLC 56234 b HB3575 - 33 - LRB103 29826 RLC 56234 b
1157	1157	HB3575 - 33 - LRB103 29826 RLC 56234 b
1158	1158	1 A person under paragraph (20) is entitled to eligible
1159	1159	2 creditable service for service credit earned under this
1160	1160	3 Article on and after his or her transfer by Executive Order No.
1161	1161	4 2003-10, Executive Order No. 2004-2, or Executive Order No.
1162	1162	5 2016-1.
1163	1163	6 (c) For the purposes of this Section:
1164	1164	7 (1) The term "State policeman" includes any title or
1165	1165	8 position in the Illinois State Police that is held by an
1166	1166	9 individual employed under the Illinois State Police Act.
1167	1167	10 (2) The term "fire fighter in the fire protection
1168	1168	11 service of a department" includes all officers in such
1169	1169	12 fire protection service including fire chiefs and
1170	1170	13 assistant fire chiefs.
1171	1171	14 (3) The term "air pilot" includes any employee whose
1172	1172	15 official job description on file in the Department of
1173	1173	16 Central Management Services, or in the department by which
1174	1174	17 he is employed if that department is not covered by the
1175	1175	18 Personnel Code, states that his principal duty is the
1176	1176	19 operation of aircraft, and who possesses a pilot's
1177	1177	20 license; however, the change in this definition made by
1178	1178	21 Public Act 83-842 shall not operate to exclude any
1179	1179	22 noncovered employee who was an "air pilot" for the
1180	1180	23 purposes of this Section on January 1, 1984.
1181	1181	24 (4) The term "special agent" means any person who by
1182	1182	25 reason of employment by the Division of Narcotic Control,
1183	1183	26 the Bureau of Investigation or, after July 1, 1977, the
1184	1184
1185	1185
1186	1186
1187	1187
1188	1188
1189	1189	HB3575 - 33 - LRB103 29826 RLC 56234 b
1190	1190
1191	1191
1192	1192	HB3575- 34 -LRB103 29826 RLC 56234 b HB3575 - 34 - LRB103 29826 RLC 56234 b
1193	1193	HB3575 - 34 - LRB103 29826 RLC 56234 b
1194	1194	1 Division of Criminal Investigation, the Division of
1195	1195	2 Internal Investigation, the Division of Operations, the
1196	1196	3 Division of Patrol Operations, or any other Division or
1197	1197	4 organizational entity in the Illinois State Police is
1198	1198	5 vested by law with duties to maintain public order,
1199	1199	6 investigate violations of the criminal law of this State,
1200	1200	7 enforce the laws of this State, make arrests and recover
1201	1201	8 property. The term "special agent" includes any title or
1202	1202	9 position in the Illinois State Police that is held by an
1203	1203	10 individual employed under the Illinois State Police Act.
1204	1204	11 (5) The term "investigator for the Secretary of State"
1205	1205	12 means any person employed by the Office of the Secretary
1206	1206	13 of State and vested with such investigative duties as
1207	1207	14 render him ineligible for coverage under the Social
1208	1208	15 Security Act by reason of Sections 218(d)(5)(A),
1209	1209	16 218(d)(8)(D) and 218(l)(1) of that Act.
1210	1210	17 A person who became employed as an investigator for
1211	1211	18 the Secretary of State between January 1, 1967 and
1212	1212	19 December 31, 1975, and who has served as such until
1213	1213	20 attainment of age 60, either continuously or with a single
1214	1214	21 break in service of not more than 3 years duration, which
1215	1215	22 break terminated before January 1, 1976, shall be entitled
1216	1216	23 to have his retirement annuity calculated in accordance
1217	1217	24 with subsection (a), notwithstanding that he has less than
1218	1218	25 20 years of credit for such service.
1219	1219	26 (6) The term "Conservation Police Officer" means any
1220	1220
1221	1221
1222	1222
1223	1223
1224	1224
1225	1225	HB3575 - 34 - LRB103 29826 RLC 56234 b
1226	1226
1227	1227
1228	1228	HB3575- 35 -LRB103 29826 RLC 56234 b HB3575 - 35 - LRB103 29826 RLC 56234 b
1229	1229	HB3575 - 35 - LRB103 29826 RLC 56234 b
1230	1230	1 person who was employed by the Division of Law Enforcement
1231	1231	2 of the Department of Natural Resources before the
1232	1232	3 effective date of this amendatory Act of the 103rd General
1233	1233	4 Assembly and vested with such law enforcement duties as
1234	1234	5 render him ineligible for coverage under the Social
1235	1235	6 Security Act by reason of Sections 218(d)(5)(A),
1236	1236	7 218(d)(8)(D), and 218(l)(1) of that Act. The term
1237	1237	8 "Conservation Police Officer" includes the positions of
1238	1238	9 Chief Conservation Police Administrator and Assistant
1239	1239	10 Conservation Police Administrator.
1240	1240	11 (7) The term "investigator for the Department of
1241	1241	12 Revenue" means any person employed by the Department of
1242	1242	13 Revenue and vested with such investigative duties as
1243	1243	14 render him ineligible for coverage under the Social
1244	1244	15 Security Act by reason of Sections 218(d)(5)(A),
1245	1245	16 218(d)(8)(D) and 218(l)(1) of that Act.
1246	1246	17 The term "investigator for the Illinois Gaming Board"
1247	1247	18 means any person employed as such by the Illinois Gaming
1248	1248	19 Board and vested with such peace officer duties as render
1249	1249	20 the person ineligible for coverage under the Social
1250	1250	21 Security Act by reason of Sections 218(d)(5)(A),
1251	1251	22 218(d)(8)(D), and 218(l)(1) of that Act.
1252	1252	23 (8) The term "security employee of the Department of
1253	1253	24 Human Services" means any person employed by the
1254	1254	25 Department of Human Services who (i) is employed at the
1255	1255	26 Chester Mental Health Center and has daily contact with
1256	1256
1257	1257
1258	1258
1259	1259
1260	1260
1261	1261	HB3575 - 35 - LRB103 29826 RLC 56234 b
1262	1262
1263	1263
1264	1264	HB3575- 36 -LRB103 29826 RLC 56234 b HB3575 - 36 - LRB103 29826 RLC 56234 b
1265	1265	HB3575 - 36 - LRB103 29826 RLC 56234 b
1266	1266	1 the residents thereof, (ii) is employed within a security
1267	1267	2 unit at a facility operated by the Department and has
1268	1268	3 daily contact with the residents of the security unit,
1269	1269	4 (iii) is employed at a facility operated by the Department
1270	1270	5 that includes a security unit and is regularly scheduled
1271	1271	6 to work at least 50% of his or her working hours within
1272	1272	7 that security unit, or (iv) is a mental health police
1273	1273	8 officer. "Mental health police officer" means any person
1274	1274	9 employed by the Department of Human Services in a position
1275	1275	10 pertaining to the Department's mental health and
1276	1276	11 developmental disabilities functions who is vested with
1277	1277	12 such law enforcement duties as render the person
1278	1278	13 ineligible for coverage under the Social Security Act by
1279	1279	14 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
1280	1280	15 218(l)(1) of that Act. "Security unit" means that portion
1281	1281	16 of a facility that is devoted to the care, containment,
1282	1282	17 and treatment of persons committed to the Department of
1283	1283	18 Human Services as sexually violent persons, persons unfit
1284	1284	19 to stand trial, or persons not guilty by reason of
1285	1285	20 insanity. With respect to past employment, references to
1286	1286	21 the Department of Human Services include its predecessor,
1287	1287	22 the Department of Mental Health and Developmental
1288	1288	23 Disabilities.
1289	1289	24 The changes made to this subdivision (c)(8) by Public
1290	1290	25 Act 92-14 apply to persons who retire on or after January
1291	1291	26 1, 2001, notwithstanding Section 1-103.1.
1292	1292
1293	1293
1294	1294
1295	1295
1296	1296
1297	1297	HB3575 - 36 - LRB103 29826 RLC 56234 b
1298	1298
1299	1299
1300	1300	HB3575- 37 -LRB103 29826 RLC 56234 b HB3575 - 37 - LRB103 29826 RLC 56234 b
1301	1301	HB3575 - 37 - LRB103 29826 RLC 56234 b
1302	1302	1 (9) "Central Management Services security police
1303	1303	2 officer" means any person employed by the Department of
1304	1304	3 Central Management Services who is vested with such law
1305	1305	4 enforcement duties as render him ineligible for coverage
1306	1306	5 under the Social Security Act by reason of Sections
1307	1307	6 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
1308	1308	7 (10) For a member who first became an employee under
1309	1309	8 this Article before July 1, 2005, the term "security
1310	1310	9 employee of the Department of Corrections or the
1311	1311	10 Department of Juvenile Justice" means any employee of the
1312	1312	11 Department of Corrections or the Department of Juvenile
1313	1313	12 Justice or the former Department of Personnel, and any
1314	1314	13 member or employee of the Prisoner Review Board, who has
1315	1315	14 daily contact with inmates or youth by working within a
1316	1316	15 correctional facility or Juvenile facility operated by the
1317	1317	16 Department of Juvenile Justice or who is a parole officer
1318	1318	17 or an employee who has direct contact with committed
1319	1319	18 persons in the performance of his or her job duties. For a
1320	1320	19 member who first becomes an employee under this Article on
1321	1321	20 or after July 1, 2005, the term means an employee of the
1322	1322	21 Department of Corrections or the Department of Juvenile
1323	1323	22 Justice who is any of the following: (i) officially
1324	1324	23 headquartered at a correctional facility or Juvenile
1325	1325	24 facility operated by the Department of Juvenile Justice,
1326	1326	25 (ii) a parole officer, (iii) a member of the apprehension
1327	1327	26 unit, (iv) a member of the intelligence unit, (v) a member
1328	1328
1329	1329
1330	1330
1331	1331
1332	1332
1333	1333	HB3575 - 37 - LRB103 29826 RLC 56234 b
1334	1334
1335	1335
1336	1336	HB3575- 38 -LRB103 29826 RLC 56234 b HB3575 - 38 - LRB103 29826 RLC 56234 b
1337	1337	HB3575 - 38 - LRB103 29826 RLC 56234 b
1338	1338	1 of the sort team, or (vi) an investigator.
1339	1339	2 (11) The term "dangerous drugs investigator" means any
1340	1340	3 person who is employed as such by the Department of Human
1341	1341	4 Services.
1342	1342	5 (12) The term "investigator for the Illinois State
1343	1343	6 Police" means a person employed by the Illinois State
1344	1344	7 Police who is vested under Section 4 of the Narcotic
1345	1345	8 Control Division Abolition Act with such law enforcement
1346	1346	9 powers as render him ineligible for coverage under the
1347	1347	10 Social Security Act by reason of Sections 218(d)(5)(A),
1348	1348	11 218(d)(8)(D) and 218(l)(1) of that Act.
1349	1349	12 (13) "Investigator for the Office of the Attorney
1350	1350	13 General" means any person who is employed as such by the
1351	1351	14 Office of the Attorney General and is vested with such
1352	1352	15 investigative duties as render him ineligible for coverage
1353	1353	16 under the Social Security Act by reason of Sections
1354	1354	17 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
1355	1355	18 the period before January 1, 1989, the term includes all
1356	1356	19 persons who were employed as investigators by the Office
1357	1357	20 of the Attorney General, without regard to social security
1358	1358	21 status.
1359	1359	22 (14) "Controlled substance inspector" means any person
1360	1360	23 who is employed as such by the Department of Professional
1361	1361	24 Regulation and is vested with such law enforcement duties
1362	1362	25 as render him ineligible for coverage under the Social
1363	1363	26 Security Act by reason of Sections 218(d)(5)(A),
1364	1364
1365	1365
1366	1366
1367	1367
1368	1368
1369	1369	HB3575 - 38 - LRB103 29826 RLC 56234 b
1370	1370
1371	1371
1372	1372	HB3575- 39 -LRB103 29826 RLC 56234 b HB3575 - 39 - LRB103 29826 RLC 56234 b
1373	1373	HB3575 - 39 - LRB103 29826 RLC 56234 b
1374	1374	1 218(d)(8)(D) and 218(l)(1) of that Act. The term
1375	1375	2 "controlled substance inspector" includes the Program
1376	1376	3 Executive of Enforcement and the Assistant Program
1377	1377	4 Executive of Enforcement.
1378	1378	5 (15) The term "investigator for the Office of the
1379	1379	6 State's Attorneys Appellate Prosecutor" means a person
1380	1380	7 employed in that capacity on a full-time basis under the
1381	1381	8 authority of Section 7.06 of the State's Attorneys
1382	1382	9 Appellate Prosecutor's Act.
1383	1383	10 (16) "Commerce Commission police officer" means any
1384	1384	11 person who was employed by the Illinois Commerce
1385	1385	12 Commission and who was is vested with such law enforcement
1386	1386	13 duties and employed by the Illinois Commerce Commission
1387	1387	14 before the effective date of this amendatory Act of the
1388	1388	15 103rd General Assembly as render him ineligible for
1389	1389	16 coverage under the Social Security Act by reason of
1390	1390	17 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that
1391	1391	18 Act.
1392	1392	19 (17) "Arson investigator" means any person who is
1393	1393	20 employed as such by the Office of the State Fire Marshal
1394	1394	21 and is vested with such law enforcement duties as render
1395	1395	22 the person ineligible for coverage under the Social
1396	1396	23 Security Act by reason of Sections 218(d)(5)(A),
1397	1397	24 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
1398	1398	25 employed as an arson investigator on January 1, 1995 and
1399	1399	26 is no longer in service but not yet receiving a retirement
1400	1400
1401	1401
1402	1402
1403	1403
1404	1404
1405	1405	HB3575 - 39 - LRB103 29826 RLC 56234 b
1406	1406
1407	1407
1408	1408	HB3575- 40 -LRB103 29826 RLC 56234 b HB3575 - 40 - LRB103 29826 RLC 56234 b
1409	1409	HB3575 - 40 - LRB103 29826 RLC 56234 b
1410	1410	1 annuity may convert his or her creditable service for
1411	1411	2 employment as an arson investigator into eligible
1412	1412	3 creditable service by paying to the System the difference
1413	1413	4 between the employee contributions actually paid for that
1414	1414	5 service and the amounts that would have been contributed
1415	1415	6 if the applicant were contributing at the rate applicable
1416	1416	7 to persons with the same social security status earning
1417	1417	8 eligible creditable service on the date of application.
1418	1418	9 (18) The term "State highway maintenance worker" means
1419	1419	10 a person who is either of the following:
1420	1420	11 (i) A person employed on a full-time basis by the
1421	1421	12 Illinois Department of Transportation in the position
1422	1422	13 of highway maintainer, highway maintenance lead
1423	1423	14 worker, highway maintenance lead/lead worker, heavy
1424	1424	15 construction equipment operator, power shovel
1425	1425	16 operator, or bridge mechanic; and whose principal
1426	1426	17 responsibility is to perform, on the roadway, the
1427	1427	18 actual maintenance necessary to keep the highways that
1428	1428	19 form a part of the State highway system in serviceable
1429	1429	20 condition for vehicular traffic.
1430	1430	21 (ii) A person employed on a full-time basis by the
1431	1431	22 Illinois State Toll Highway Authority in the position
1432	1432	23 of equipment operator/laborer H-4, equipment
1433	1433	24 operator/laborer H-6, welder H-4, welder H-6,
1434	1434	25 mechanical/electrical H-4, mechanical/electrical H-6,
1435	1435	26 water/sewer H-4, water/sewer H-6, sign maker/hanger
1436	1436
1437	1437
1438	1438
1439	1439
1440	1440
1441	1441	HB3575 - 40 - LRB103 29826 RLC 56234 b
1442	1442
1443	1443
1444	1444	HB3575- 41 -LRB103 29826 RLC 56234 b HB3575 - 41 - LRB103 29826 RLC 56234 b
1445	1445	HB3575 - 41 - LRB103 29826 RLC 56234 b
1446	1446	1 H-4, sign maker/hanger H-6, roadway lighting H-4,
1447	1447	2 roadway lighting H-6, structural H-4, structural H-6,
1448	1448	3 painter H-4, or painter H-6; and whose principal
1449	1449	4 responsibility is to perform, on the roadway, the
1450	1450	5 actual maintenance necessary to keep the Authority's
1451	1451	6 tollways in serviceable condition for vehicular
1452	1452	7 traffic.
1453	1453	8 (19) The term "security employee of the Department of
1454	1454	9 Innovation and Technology" means a person who was a
1455	1455	10 security employee of the Department of Corrections or the
1456	1456	11 Department of Juvenile Justice, was transferred to the
1457	1457	12 Department of Innovation and Technology pursuant to
1458	1458	13 Executive Order 2016-01, and continues to perform similar
1459	1459	14 job functions under that Department.
1460	1460	15 (20) "Transferred employee" means an employee who was
1461	1461	16 transferred to the Department of Central Management
1462	1462	17 Services by Executive Order No. 2003-10 or Executive Order
1463	1463	18 No. 2004-2 or transferred to the Department of Innovation
1464	1464	19 and Technology by Executive Order No. 2016-1, or both, and
1465	1465	20 was entitled to eligible creditable service for services
1466	1466	21 immediately preceding the transfer.
1467	1467	22 (d) A security employee of the Department of Corrections
1468	1468	23 or the Department of Juvenile Justice, a security employee of
1469	1469	24 the Department of Human Services who is not a mental health
1470	1470	25 police officer, and a security employee of the Department of
1471	1471	26 Innovation and Technology shall not be eligible for the
1472	1472
1473	1473
1474	1474
1475	1475
1476	1476
1477	1477	HB3575 - 41 - LRB103 29826 RLC 56234 b
1478	1478
1479	1479
1480	1480	HB3575- 42 -LRB103 29826 RLC 56234 b HB3575 - 42 - LRB103 29826 RLC 56234 b
1481	1481	HB3575 - 42 - LRB103 29826 RLC 56234 b
1482	1482	1 alternative retirement annuity provided by this Section unless
1483	1483	2 he or she meets the following minimum age and service
1484	1484	3 requirements at the time of retirement:
1485	1485	4 (i) 25 years of eligible creditable service and age
1486	1486	5 55; or
1487	1487	6 (ii) beginning January 1, 1987, 25 years of eligible
1488	1488	7 creditable service and age 54, or 24 years of eligible
1489	1489	8 creditable service and age 55; or
1490	1490	9 (iii) beginning January 1, 1988, 25 years of eligible
1491	1491	10 creditable service and age 53, or 23 years of eligible
1492	1492	11 creditable service and age 55; or
1493	1493	12 (iv) beginning January 1, 1989, 25 years of eligible
1494	1494	13 creditable service and age 52, or 22 years of eligible
1495	1495	14 creditable service and age 55; or
1496	1496	15 (v) beginning January 1, 1990, 25 years of eligible
1497	1497	16 creditable service and age 51, or 21 years of eligible
1498	1498	17 creditable service and age 55; or
1499	1499	18 (vi) beginning January 1, 1991, 25 years of eligible
1500	1500	19 creditable service and age 50, or 20 years of eligible
1501	1501	20 creditable service and age 55.
1502	1502	21 Persons who have service credit under Article 16 of this
1503	1503	22 Code for service as a security employee of the Department of
1504	1504	23 Corrections or the Department of Juvenile Justice, or the
1505	1505	24 Department of Human Services in a position requiring
1506	1506	25 certification as a teacher may count such service toward
1507	1507	26 establishing their eligibility under the service requirements
1508	1508
1509	1509
1510	1510
1511	1511
1512	1512
1513	1513	HB3575 - 42 - LRB103 29826 RLC 56234 b
1514	1514
1515	1515
1516	1516	HB3575- 43 -LRB103 29826 RLC 56234 b HB3575 - 43 - LRB103 29826 RLC 56234 b
1517	1517	HB3575 - 43 - LRB103 29826 RLC 56234 b
1518	1518	1 of this Section; but such service may be used only for
1519	1519	2 establishing such eligibility, and not for the purpose of
1520	1520	3 increasing or calculating any benefit.
1521	1521	4 (e) If a member enters military service while working in a
1522	1522	5 position in which eligible creditable service may be earned,
1523	1523	6 and returns to State service in the same or another such
1524	1524	7 position, and fulfills in all other respects the conditions
1525	1525	8 prescribed in this Article for credit for military service,
1526	1526	9 such military service shall be credited as eligible creditable
1527	1527	10 service for the purposes of the retirement annuity prescribed
1528	1528	11 in this Section.
1529	1529	12 (f) For purposes of calculating retirement annuities under
1530	1530	13 this Section, periods of service rendered after December 31,
1531	1531	14 1968 and before October 1, 1975 as a covered employee in the
1532	1532	15 position of special agent, conservation police officer, mental
1533	1533	16 health police officer, or investigator for the Secretary of
1534	1534	17 State, shall be deemed to have been service as a noncovered
1535	1535	18 employee, provided that the employee pays to the System prior
1536	1536	19 to retirement an amount equal to (1) the difference between
1537	1537	20 the employee contributions that would have been required for
1538	1538	21 such service as a noncovered employee, and the amount of
1539	1539	22 employee contributions actually paid, plus (2) if payment is
1540	1540	23 made after July 31, 1987, regular interest on the amount
1541	1541	24 specified in item (1) from the date of service to the date of
1542	1542	25 payment.
1543	1543	26 For purposes of calculating retirement annuities under
1544	1544
1545	1545
1546	1546
1547	1547
1548	1548
1549	1549	HB3575 - 43 - LRB103 29826 RLC 56234 b
1550	1550
1551	1551
1552	1552	HB3575- 44 -LRB103 29826 RLC 56234 b HB3575 - 44 - LRB103 29826 RLC 56234 b
1553	1553	HB3575 - 44 - LRB103 29826 RLC 56234 b
1554	1554	1 this Section, periods of service rendered after December 31,
1555	1555	2 1968 and before January 1, 1982 as a covered employee in the
1556	1556	3 position of investigator for the Department of Revenue shall
1557	1557	4 be deemed to have been service as a noncovered employee,
1558	1558	5 provided that the employee pays to the System prior to
1559	1559	6 retirement an amount equal to (1) the difference between the
1560	1560	7 employee contributions that would have been required for such
1561	1561	8 service as a noncovered employee, and the amount of employee
1562	1562	9 contributions actually paid, plus (2) if payment is made after
1563	1563	10 January 1, 1990, regular interest on the amount specified in
1564	1564	11 item (1) from the date of service to the date of payment.
1565	1565	12 (g) A State policeman may elect, not later than January 1,
1566	1566	13 1990, to establish eligible creditable service for up to 10
1567	1567	14 years of his service as a policeman under Article 3, by filing
1568	1568	15 a written election with the Board, accompanied by payment of
1569	1569	16 an amount to be determined by the Board, equal to (i) the
1570	1570	17 difference between the amount of employee and employer
1571	1571	18 contributions transferred to the System under Section 3-110.5,
1572	1572	19 and the amounts that would have been contributed had such
1573	1573	20 contributions been made at the rates applicable to State
1574	1574	21 policemen, plus (ii) interest thereon at the effective rate
1575	1575	22 for each year, compounded annually, from the date of service
1576	1576	23 to the date of payment.
1577	1577	24 Subject to the limitation in subsection (i), a State
1578	1578	25 policeman may elect, not later than July 1, 1993, to establish
1579	1579	26 eligible creditable service for up to 10 years of his service
1580	1580
1581	1581
1582	1582
1583	1583
1584	1584
1585	1585	HB3575 - 44 - LRB103 29826 RLC 56234 b
1586	1586
1587	1587
1588	1588	HB3575- 45 -LRB103 29826 RLC 56234 b HB3575 - 45 - LRB103 29826 RLC 56234 b
1589	1589	HB3575 - 45 - LRB103 29826 RLC 56234 b
1590	1590	1 as a member of the County Police Department under Article 9, by
1591	1591	2 filing a written election with the Board, accompanied by
1592	1592	3 payment of an amount to be determined by the Board, equal to
1593	1593	4 (i) the difference between the amount of employee and employer
1594	1594	5 contributions transferred to the System under Section 9-121.10
1595	1595	6 and the amounts that would have been contributed had those
1596	1596	7 contributions been made at the rates applicable to State
1597	1597	8 policemen, plus (ii) interest thereon at the effective rate
1598	1598	9 for each year, compounded annually, from the date of service
1599	1599	10 to the date of payment.
1600	1600	11 (h) Subject to the limitation in subsection (i), a State
1601	1601	12 policeman or investigator for the Secretary of State may elect
1602	1602	13 to establish eligible creditable service for up to 12 years of
1603	1603	14 his service as a policeman under Article 5, by filing a written
1604	1604	15 election with the Board on or before January 31, 1992, and
1605	1605	16 paying to the System by January 31, 1994 an amount to be
1606	1606	17 determined by the Board, equal to (i) the difference between
1607	1607	18 the amount of employee and employer contributions transferred
1608	1608	19 to the System under Section 5-236, and the amounts that would
1609	1609	20 have been contributed had such contributions been made at the
1610	1610	21 rates applicable to State policemen, plus (ii) interest
1611	1611	22 thereon at the effective rate for each year, compounded
1612	1612	23 annually, from the date of service to the date of payment.
1613	1613	24 Subject to the limitation in subsection (i), a State
1614	1614	25 policeman, conservation police officer, or investigator for
1615	1615	26 the Secretary of State may elect to establish eligible
1616	1616
1617	1617
1618	1618
1619	1619
1620	1620
1621	1621	HB3575 - 45 - LRB103 29826 RLC 56234 b
1622	1622
1623	1623
1624	1624	HB3575- 46 -LRB103 29826 RLC 56234 b HB3575 - 46 - LRB103 29826 RLC 56234 b
1625	1625	HB3575 - 46 - LRB103 29826 RLC 56234 b
1626	1626	1 creditable service for up to 10 years of service as a sheriff's
1627	1627	2 law enforcement employee under Article 7, by filing a written
1628	1628	3 election with the Board on or before January 31, 1993, and
1629	1629	4 paying to the System by January 31, 1994 an amount to be
1630	1630	5 determined by the Board, equal to (i) the difference between
1631	1631	6 the amount of employee and employer contributions transferred
1632	1632	7 to the System under Section 7-139.7, and the amounts that
1633	1633	8 would have been contributed had such contributions been made
1634	1634	9 at the rates applicable to State policemen, plus (ii) interest
1635	1635	10 thereon at the effective rate for each year, compounded
1636	1636	11 annually, from the date of service to the date of payment.
1637	1637	12 Subject to the limitation in subsection (i), a State
1638	1638	13 policeman, conservation police officer, or investigator for
1639	1639	14 the Secretary of State may elect to establish eligible
1640	1640	15 creditable service for up to 5 years of service as a police
1641	1641	16 officer under Article 3, a policeman under Article 5, a
1642	1642	17 sheriff's law enforcement employee under Article 7, a member
1643	1643	18 of the county police department under Article 9, or a police
1644	1644	19 officer under Article 15 by filing a written election with the
1645	1645	20 Board and paying to the System an amount to be determined by
1646	1646	21 the Board, equal to (i) the difference between the amount of
1647	1647	22 employee and employer contributions transferred to the System
1648	1648	23 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
1649	1649	24 and the amounts that would have been contributed had such
1650	1650	25 contributions been made at the rates applicable to State
1651	1651	26 policemen, plus (ii) interest thereon at the effective rate
1652	1652
1653	1653
1654	1654
1655	1655
1656	1656
1657	1657	HB3575 - 46 - LRB103 29826 RLC 56234 b
1658	1658
1659	1659
1660	1660	HB3575- 47 -LRB103 29826 RLC 56234 b HB3575 - 47 - LRB103 29826 RLC 56234 b
1661	1661	HB3575 - 47 - LRB103 29826 RLC 56234 b
1662	1662	1 for each year, compounded annually, from the date of service
1663	1663	2 to the date of payment.
1664	1664	3 Subject to the limitation in subsection (i), an
1665	1665	4 investigator for the Office of the Attorney General, or an
1666	1666	5 investigator for the Department of Revenue, may elect to
1667	1667	6 establish eligible creditable service for up to 5 years of
1668	1668	7 service as a police officer under Article 3, a policeman under
1669	1669	8 Article 5, a sheriff's law enforcement employee under Article
1670	1670	9 7, or a member of the county police department under Article 9
1671	1671	10 by filing a written election with the Board within 6 months
1672	1672	11 after August 25, 2009 (the effective date of Public Act
1673	1673	12 96-745) and paying to the System an amount to be determined by
1674	1674	13 the Board, equal to (i) the difference between the amount of
1675	1675	14 employee and employer contributions transferred to the System
1676	1676	15 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
1677	1677	16 amounts that would have been contributed had such
1678	1678	17 contributions been made at the rates applicable to State
1679	1679	18 policemen, plus (ii) interest thereon at the actuarially
1680	1680	19 assumed rate for each year, compounded annually, from the date
1681	1681	20 of service to the date of payment.
1682	1682	21 Subject to the limitation in subsection (i), a State
1683	1683	22 policeman, conservation police officer, investigator for the
1684	1684	23 Office of the Attorney General, an investigator for the
1685	1685	24 Department of Revenue, or investigator for the Secretary of
1686	1686	25 State may elect to establish eligible creditable service for
1687	1687	26 up to 5 years of service as a person employed by a
1688	1688
1689	1689
1690	1690
1691	1691
1692	1692
1693	1693	HB3575 - 47 - LRB103 29826 RLC 56234 b
1694	1694
1695	1695
1696	1696	HB3575- 48 -LRB103 29826 RLC 56234 b HB3575 - 48 - LRB103 29826 RLC 56234 b
1697	1697	HB3575 - 48 - LRB103 29826 RLC 56234 b
1698	1698	1 participating municipality to perform police duties, or law
1699	1699	2 enforcement officer employed on a full-time basis by a forest
1700	1700	3 preserve district under Article 7, a county corrections
1701	1701	4 officer, or a court services officer under Article 9, by
1702	1702	5 filing a written election with the Board within 6 months after
1703	1703	6 August 25, 2009 (the effective date of Public Act 96-745) and
1704	1704	7 paying to the System an amount to be determined by the Board,
1705	1705	8 equal to (i) the difference between the amount of employee and
1706	1706	9 employer contributions transferred to the System under
1707	1707	10 Sections 7-139.8 and 9-121.10 and the amounts that would have
1708	1708	11 been contributed had such contributions been made at the rates
1709	1709	12 applicable to State policemen, plus (ii) interest thereon at
1710	1710	13 the actuarially assumed rate for each year, compounded
1711	1711	14 annually, from the date of service to the date of payment.
1712	1712	15 Subject to the limitation in subsection (i), a State
1713	1713	16 policeman, arson investigator, or Commerce Commission police
1714	1714	17 officer may elect to establish eligible creditable service for
1715	1715	18 up to 5 years of service as a person employed by a
1716	1716	19 participating municipality to perform police duties under
1717	1717	20 Article 7, a county corrections officer, a court services
1718	1718	21 officer under Article 9, or a firefighter under Article 4 by
1719	1719	22 filing a written election with the Board within 6 months after
1720	1720	23 July 30, 2021 (the effective date of Public Act 102-210) and
1721	1721	24 paying to the System an amount to be determined by the Board
1722	1722	25 equal to (i) the difference between the amount of employee and
1723	1723	26 employer contributions transferred to the System under
1724	1724
1725	1725
1726	1726
1727	1727
1728	1728
1729	1729	HB3575 - 48 - LRB103 29826 RLC 56234 b
1730	1730
1731	1731
1732	1732	HB3575- 49 -LRB103 29826 RLC 56234 b HB3575 - 49 - LRB103 29826 RLC 56234 b
1733	1733	HB3575 - 49 - LRB103 29826 RLC 56234 b
1734	1734	1 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
1735	1735	2 would have been contributed had such contributions been made
1736	1736	3 at the rates applicable to State policemen, plus (ii) interest
1737	1737	4 thereon at the actuarially assumed rate for each year,
1738	1738	5 compounded annually, from the date of service to the date of
1739	1739	6 payment.
1740	1740	7 Subject to the limitation in subsection (i), a
1741	1741	8 conservation police officer may elect to establish eligible
1742	1742	9 creditable service for up to 5 years of service as a person
1743	1743	10 employed by a participating municipality to perform police
1744	1744	11 duties under Article 7, a county corrections officer, or a
1745	1745	12 court services officer under Article 9 by filing a written
1746	1746	13 election with the Board within 6 months after July 30, 2021
1747	1747	14 (the effective date of Public Act 102-210) and paying to the
1748	1748	15 System an amount to be determined by the Board equal to (i) the
1749	1749	16 difference between the amount of employee and employer
1750	1750	17 contributions transferred to the System under Sections 7-139.8
1751	1751	18 and 9-121.10 and the amounts that would have been contributed
1752	1752	19 had such contributions been made at the rates applicable to
1753	1753	20 State policemen, plus (ii) interest thereon at the actuarially
1754	1754	21 assumed rate for each year, compounded annually, from the date
1755	1755	22 of service to the date of payment.
1756	1756	23 Notwithstanding the limitation in subsection (i), a State
1757	1757	24 policeman or conservation police officer may elect to convert
1758	1758	25 service credit earned under this Article to eligible
1759	1759	26 creditable service, as defined by this Section, by filing a
1760	1760
1761	1761
1762	1762
1763	1763
1764	1764
1765	1765	HB3575 - 49 - LRB103 29826 RLC 56234 b
1766	1766
1767	1767
1768	1768	HB3575- 50 -LRB103 29826 RLC 56234 b HB3575 - 50 - LRB103 29826 RLC 56234 b
1769	1769	HB3575 - 50 - LRB103 29826 RLC 56234 b
1770	1770	1 written election with the board within 6 months after July 30,
1771	1771	2 2021 (the effective date of Public Act 102-210) and paying to
1772	1772	3 the System an amount to be determined by the Board equal to (i)
1773	1773	4 the difference between the amount of employee contributions
1774	1774	5 originally paid for that service and the amounts that would
1775	1775	6 have been contributed had such contributions been made at the
1776	1776	7 rates applicable to State policemen, plus (ii) the difference
1777	1777	8 between the employer's normal cost of the credit prior to the
1778	1778	9 conversion authorized by Public Act 102-210 and the employer's
1779	1779	10 normal cost of the credit converted in accordance with Public
1780	1780	11 Act 102-210, plus (iii) interest thereon at the actuarially
1781	1781	12 assumed rate for each year, compounded annually, from the date
1782	1782	13 of service to the date of payment.
1783	1783	14 (i) The total amount of eligible creditable service
1784	1784	15 established by any person under subsections (g), (h), (j),
1785	1785	16 (k), (l), (l-5), and (o) of this Section shall not exceed 12
1786	1786	17 years.
1787	1787	18 (j) Subject to the limitation in subsection (i), an
1788	1788	19 investigator for the Office of the State's Attorneys Appellate
1789	1789	20 Prosecutor or a controlled substance inspector may elect to
1790	1790	21 establish eligible creditable service for up to 10 years of
1791	1791	22 his service as a policeman under Article 3 or a sheriff's law
1792	1792	23 enforcement employee under Article 7, by filing a written
1793	1793	24 election with the Board, accompanied by payment of an amount
1794	1794	25 to be determined by the Board, equal to (1) the difference
1795	1795	26 between the amount of employee and employer contributions
1796	1796
1797	1797
1798	1798
1799	1799
1800	1800
1801	1801	HB3575 - 50 - LRB103 29826 RLC 56234 b
1802	1802
1803	1803
1804	1804	HB3575- 51 -LRB103 29826 RLC 56234 b HB3575 - 51 - LRB103 29826 RLC 56234 b
1805	1805	HB3575 - 51 - LRB103 29826 RLC 56234 b
1806	1806	1 transferred to the System under Section 3-110.6 or 7-139.8,
1807	1807	2 and the amounts that would have been contributed had such
1808	1808	3 contributions been made at the rates applicable to State
1809	1809	4 policemen, plus (2) interest thereon at the effective rate for
1810	1810	5 each year, compounded annually, from the date of service to
1811	1811	6 the date of payment.
1812	1812	7 (k) Subject to the limitation in subsection (i) of this
1813	1813	8 Section, an alternative formula employee may elect to
1814	1814	9 establish eligible creditable service for periods spent as a
1815	1815	10 full-time law enforcement officer or full-time corrections
1816	1816	11 officer employed by the federal government or by a state or
1817	1817	12 local government located outside of Illinois, for which credit
1818	1818	13 is not held in any other public employee pension fund or
1819	1819	14 retirement system. To obtain this credit, the applicant must
1820	1820	15 file a written application with the Board by March 31, 1998,
1821	1821	16 accompanied by evidence of eligibility acceptable to the Board
1822	1822	17 and payment of an amount to be determined by the Board, equal
1823	1823	18 to (1) employee contributions for the credit being
1824	1824	19 established, based upon the applicant's salary on the first
1825	1825	20 day as an alternative formula employee after the employment
1826	1826	21 for which credit is being established and the rates then
1827	1827	22 applicable to alternative formula employees, plus (2) an
1828	1828	23 amount determined by the Board to be the employer's normal
1829	1829	24 cost of the benefits accrued for the credit being established,
1830	1830	25 plus (3) regular interest on the amounts in items (1) and (2)
1831	1831	26 from the first day as an alternative formula employee after
1832	1832
1833	1833
1834	1834
1835	1835
1836	1836
1837	1837	HB3575 - 51 - LRB103 29826 RLC 56234 b
1838	1838
1839	1839
1840	1840	HB3575- 52 -LRB103 29826 RLC 56234 b HB3575 - 52 - LRB103 29826 RLC 56234 b
1841	1841	HB3575 - 52 - LRB103 29826 RLC 56234 b
1842	1842	1 the employment for which credit is being established to the
1843	1843	2 date of payment.
1844	1844	3 (l) Subject to the limitation in subsection (i), a
1845	1845	4 security employee of the Department of Corrections may elect,
1846	1846	5 not later than July 1, 1998, to establish eligible creditable
1847	1847	6 service for up to 10 years of his or her service as a policeman
1848	1848	7 under Article 3, by filing a written election with the Board,
1849	1849	8 accompanied by payment of an amount to be determined by the
1850	1850	9 Board, equal to (i) the difference between the amount of
1851	1851	10 employee and employer contributions transferred to the System
1852	1852	11 under Section 3-110.5, and the amounts that would have been
1853	1853	12 contributed had such contributions been made at the rates
1854	1854	13 applicable to security employees of the Department of
1855	1855	14 Corrections, plus (ii) interest thereon at the effective rate
1856	1856	15 for each year, compounded annually, from the date of service
1857	1857	16 to the date of payment.
1858	1858	17 (l-5) Subject to the limitation in subsection (i) of this
1859	1859	18 Section, a State policeman may elect to establish eligible
1860	1860	19 creditable service for up to 5 years of service as a full-time
1861	1861	20 law enforcement officer employed by the federal government or
1862	1862	21 by a state or local government located outside of Illinois for
1863	1863	22 which credit is not held in any other public employee pension
1864	1864	23 fund or retirement system. To obtain this credit, the
1865	1865	24 applicant must file a written application with the Board no
1866	1866	25 later than 3 years after January 1, 2020 (the effective date of
1867	1867	26 Public Act 101-610), accompanied by evidence of eligibility
1868	1868
1869	1869
1870	1870
1871	1871
1872	1872
1873	1873	HB3575 - 52 - LRB103 29826 RLC 56234 b
1874	1874
1875	1875
1876	1876	HB3575- 53 -LRB103 29826 RLC 56234 b HB3575 - 53 - LRB103 29826 RLC 56234 b
1877	1877	HB3575 - 53 - LRB103 29826 RLC 56234 b
1878	1878	1 acceptable to the Board and payment of an amount to be
1879	1879	2 determined by the Board, equal to (1) employee contributions
1880	1880	3 for the credit being established, based upon the applicant's
1881	1881	4 salary on the first day as an alternative formula employee
1882	1882	5 after the employment for which credit is being established and
1883	1883	6 the rates then applicable to alternative formula employees,
1884	1884	7 plus (2) an amount determined by the Board to be the employer's
1885	1885	8 normal cost of the benefits accrued for the credit being
1886	1886	9 established, plus (3) regular interest on the amounts in items
1887	1887	10 (1) and (2) from the first day as an alternative formula
1888	1888	11 employee after the employment for which credit is being
1889	1889	12 established to the date of payment.
1890	1890	13 (m) The amendatory changes to this Section made by Public
1891	1891	14 Act 94-696 apply only to: (1) security employees of the
1892	1892	15 Department of Juvenile Justice employed by the Department of
1893	1893	16 Corrections before June 1, 2006 (the effective date of Public
1894	1894	17 Act 94-696) and transferred to the Department of Juvenile
1895	1895	18 Justice by Public Act 94-696; and (2) persons employed by the
1896	1896	19 Department of Juvenile Justice on or after June 1, 2006 (the
1897	1897	20 effective date of Public Act 94-696) who are required by
1898	1898	21 subsection (b) of Section 3-2.5-15 of the Unified Code of
1899	1899	22 Corrections to have any bachelor's or advanced degree from an
1900	1900	23 accredited college or university or, in the case of persons
1901	1901	24 who provide vocational training, who are required to have
1902	1902	25 adequate knowledge in the skill for which they are providing
1903	1903	26 the vocational training.
1904	1904
1905	1905
1906	1906
1907	1907
1908	1908
1909	1909	HB3575 - 53 - LRB103 29826 RLC 56234 b
1910	1910
1911	1911
1912	1912	HB3575- 54 -LRB103 29826 RLC 56234 b HB3575 - 54 - LRB103 29826 RLC 56234 b
1913	1913	HB3575 - 54 - LRB103 29826 RLC 56234 b
1914	1914	1 (n) A person employed in a position under subsection (b)
1915	1915	2 of this Section who has purchased service credit under
1916	1916	3 subsection (j) of Section 14-104 or subsection (b) of Section
1917	1917	4 14-105 in any other capacity under this Article may convert up
1918	1918	5 to 5 years of that service credit into service credit covered
1919	1919	6 under this Section by paying to the Fund an amount equal to (1)
1920	1920	7 the additional employee contribution required under Section
1921	1921	8 14-133, plus (2) the additional employer contribution required
1922	1922	9 under Section 14-131, plus (3) interest on items (1) and (2) at
1923	1923	10 the actuarially assumed rate from the date of the service to
1924	1924	11 the date of payment.
1925	1925	12 (o) Subject to the limitation in subsection (i), a
1926	1926	13 conservation police officer, investigator for the Secretary of
1927	1927	14 State, Commerce Commission police officer, investigator for
1928	1928	15 the Department of Revenue or the Illinois Gaming Board, or
1929	1929	16 arson investigator subject to subsection (g) of Section 1-160
1930	1930	17 may elect to convert up to 8 years of service credit
1931	1931	18 established before January 1, 2020 (the effective date of
1932	1932	19 Public Act 101-610) as a conservation police officer,
1933	1933	20 investigator for the Secretary of State, Commerce Commission
1934	1934	21 police officer, investigator for the Department of Revenue or
1935	1935	22 the Illinois Gaming Board, or arson investigator under this
1936	1936	23 Article into eligible creditable service by filing a written
1937	1937	24 election with the Board no later than one year after January 1,
1938	1938	25 2020 (the effective date of Public Act 101-610), accompanied
1939	1939	26 by payment of an amount to be determined by the Board equal to
1940	1940
1941	1941
1942	1942
1943	1943
1944	1944
1945	1945	HB3575 - 54 - LRB103 29826 RLC 56234 b
1946	1946
1947	1947
1948	1948	HB3575- 55 -LRB103 29826 RLC 56234 b HB3575 - 55 - LRB103 29826 RLC 56234 b
1949	1949	HB3575 - 55 - LRB103 29826 RLC 56234 b
1950	1950	1 (i) the difference between the amount of the employee
1951	1951	2 contributions actually paid for that service and the amount of
1952	1952	3 the employee contributions that would have been paid had the
1953	1953	4 employee contributions been made as a noncovered employee
1954	1954	5 serving in a position in which eligible creditable service, as
1955	1955	6 defined in this Section, may be earned, plus (ii) interest
1956	1956	7 thereon at the effective rate for each year, compounded
1957	1957	8 annually, from the date of service to the date of payment.
1958	1958	9 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
1959	1959	10 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
1960	1960	11 (Text of Section from P.A. 102-856)
1961	1961	12 Sec. 14-110. Alternative retirement annuity.
1962	1962	13 (a) Any member who has withdrawn from service with not
1963	1963	14 less than 20 years of eligible creditable service and has
1964	1964	15 attained age 55, and any member who has withdrawn from service
1965	1965	16 with not less than 25 years of eligible creditable service and
1966	1966	17 has attained age 50, regardless of whether the attainment of
1967	1967	18 either of the specified ages occurs while the member is still
1968	1968	19 in service, shall be entitled to receive at the option of the
1969	1969	20 member, in lieu of the regular or minimum retirement annuity,
1970	1970	21 a retirement annuity computed as follows:
1971	1971	22 (i) for periods of service as a noncovered employee:
1972	1972	23 if retirement occurs on or after January 1, 2001, 3% of
1973	1973	24 final average compensation for each year of creditable
1974	1974	25 service; if retirement occurs before January 1, 2001, 2
1975	1975
1976	1976
1977	1977
1978	1978
1979	1979
1980	1980	HB3575 - 55 - LRB103 29826 RLC 56234 b
1981	1981
1982	1982
1983	1983	HB3575- 56 -LRB103 29826 RLC 56234 b HB3575 - 56 - LRB103 29826 RLC 56234 b
1984	1984	HB3575 - 56 - LRB103 29826 RLC 56234 b
1985	1985	1 1/4% of final average compensation for each of the first
1986	1986	2 10 years of creditable service, 2 1/2% for each year above
1987	1987	3 10 years to and including 20 years of creditable service,
1988	1988	4 and 2 3/4% for each year of creditable service above 20
1989	1989	5 years; and
1990	1990	6 (ii) for periods of eligible creditable service as a
1991	1991	7 covered employee: if retirement occurs on or after January
1992	1992	8 1, 2001, 2.5% of final average compensation for each year
1993	1993	9 of creditable service; if retirement occurs before January
1994	1994	10 1, 2001, 1.67% of final average compensation for each of
1995	1995	11 the first 10 years of such service, 1.90% for each of the
1996	1996	12 next 10 years of such service, 2.10% for each year of such
1997	1997	13 service in excess of 20 but not exceeding 30, and 2.30% for
1998	1998	14 each year in excess of 30.
1999	1999	15 Such annuity shall be subject to a maximum of 75% of final
2000	2000	16 average compensation if retirement occurs before January 1,
2001	2001	17 2001 or to a maximum of 80% of final average compensation if
2002	2002	18 retirement occurs on or after January 1, 2001.
2003	2003	19 These rates shall not be applicable to any service
2004	2004	20 performed by a member as a covered employee which is not
2005	2005	21 eligible creditable service. Service as a covered employee
2006	2006	22 which is not eligible creditable service shall be subject to
2007	2007	23 the rates and provisions of Section 14-108.
2008	2008	24 (b) For the purpose of this Section, "eligible creditable
2009	2009	25 service" means creditable service resulting from service in
2010	2010	26 one or more of the following positions:
2011	2011
2012	2012
2013	2013
2014	2014
2015	2015
2016	2016	HB3575 - 56 - LRB103 29826 RLC 56234 b
2017	2017
2018	2018
2019	2019	HB3575- 57 -LRB103 29826 RLC 56234 b HB3575 - 57 - LRB103 29826 RLC 56234 b
2020	2020	HB3575 - 57 - LRB103 29826 RLC 56234 b
2021	2021	1 (1) State policeman;
2022	2022	2 (2) fire fighter in the fire protection service of a
2023	2023	3 department;
2024	2024	4 (3) air pilot;
2025	2025	5 (4) special agent;
2026	2026	6 (5) investigator for the Secretary of State;
2027	2027	7 (6) conservation police officer before the effective
2028	2028	8 date of this amendatory Act of the 103rd General Assembly;
2029	2029	9 (7) investigator for the Department of Revenue or the
2030	2030	10 Illinois Gaming Board;
2031	2031	11 (8) security employee of the Department of Human
2032	2032	12 Services;
2033	2033	13 (9) Central Management Services security police
2034	2034	14 officer;
2035	2035	15 (10) security employee of the Department of
2036	2036	16 Corrections or the Department of Juvenile Justice;
2037	2037	17 (11) dangerous drugs investigator;
2038	2038	18 (12) investigator for the Illinois State Police;
2039	2039	19 (13) investigator for the Office of the Attorney
2040	2040	20 General;
2041	2041	21 (14) controlled substance inspector;
2042	2042	22 (15) investigator for the Office of the State's
2043	2043	23 Attorneys Appellate Prosecutor;
2044	2044	24 (16) Commerce Commission police officer;
2045	2045	25 (17) arson investigator;
2046	2046	26 (18) State highway maintenance worker;
2047	2047
2048	2048
2049	2049
2050	2050
2051	2051
2052	2052	HB3575 - 57 - LRB103 29826 RLC 56234 b
2053	2053
2054	2054
2055	2055	HB3575- 58 -LRB103 29826 RLC 56234 b HB3575 - 58 - LRB103 29826 RLC 56234 b
2056	2056	HB3575 - 58 - LRB103 29826 RLC 56234 b
2057	2057	1 (19) security employee of the Department of Innovation
2058	2058	2 and Technology; or
2059	2059	3 (20) transferred employee.
2060	2060	4 A person employed in one of the positions specified in
2061	2061	5 this subsection is entitled to eligible creditable service for
2062	2062	6 service credit earned under this Article while undergoing the
2063	2063	7 basic police training course approved by the Illinois Law
2064	2064	8 Enforcement Training Standards Board, if completion of that
2065	2065	9 training is required of persons serving in that position. For
2066	2066	10 the purposes of this Code, service during the required basic
2067	2067	11 police training course shall be deemed performance of the
2068	2068	12 duties of the specified position, even though the person is
2069	2069	13 not a sworn peace officer at the time of the training.
2070	2070	14 A person under paragraph (20) is entitled to eligible
2071	2071	15 creditable service for service credit earned under this
2072	2072	16 Article on and after his or her transfer by Executive Order No.
2073	2073	17 2003-10, Executive Order No. 2004-2, or Executive Order No.
2074	2074	18 2016-1.
2075	2075	19 (c) For the purposes of this Section:
2076	2076	20 (1) The term "State policeman" includes any title or
2077	2077	21 position in the Illinois State Police that is held by an
2078	2078	22 individual employed under the Illinois State Police Act.
2079	2079	23 (2) The term "fire fighter in the fire protection
2080	2080	24 service of a department" includes all officers in such
2081	2081	25 fire protection service including fire chiefs and
2082	2082	26 assistant fire chiefs.
2083	2083
2084	2084
2085	2085
2086	2086
2087	2087
2088	2088	HB3575 - 58 - LRB103 29826 RLC 56234 b
2089	2089
2090	2090
2091	2091	HB3575- 59 -LRB103 29826 RLC 56234 b HB3575 - 59 - LRB103 29826 RLC 56234 b
2092	2092	HB3575 - 59 - LRB103 29826 RLC 56234 b
2093	2093	1 (3) The term "air pilot" includes any employee whose
2094	2094	2 official job description on file in the Department of
2095	2095	3 Central Management Services, or in the department by which
2096	2096	4 he is employed if that department is not covered by the
2097	2097	5 Personnel Code, states that his principal duty is the
2098	2098	6 operation of aircraft, and who possesses a pilot's
2099	2099	7 license; however, the change in this definition made by
2100	2100	8 Public Act 83-842 shall not operate to exclude any
2101	2101	9 noncovered employee who was an "air pilot" for the
2102	2102	10 purposes of this Section on January 1, 1984.
2103	2103	11 (4) The term "special agent" means any person who by
2104	2104	12 reason of employment by the Division of Narcotic Control,
2105	2105	13 the Bureau of Investigation or, after July 1, 1977, the
2106	2106	14 Division of Criminal Investigation, the Division of
2107	2107	15 Internal Investigation, the Division of Operations, the
2108	2108	16 Division of Patrol Operations, or any other Division or
2109	2109	17 organizational entity in the Illinois State Police is
2110	2110	18 vested by law with duties to maintain public order,
2111	2111	19 investigate violations of the criminal law of this State,
2112	2112	20 enforce the laws of this State, make arrests and recover
2113	2113	21 property. The term "special agent" includes any title or
2114	2114	22 position in the Illinois State Police that is held by an
2115	2115	23 individual employed under the Illinois State Police Act.
2116	2116	24 (5) The term "investigator for the Secretary of State"
2117	2117	25 means any person employed by the Office of the Secretary
2118	2118	26 of State and vested with such investigative duties as
2119	2119
2120	2120
2121	2121
2122	2122
2123	2123
2124	2124	HB3575 - 59 - LRB103 29826 RLC 56234 b
2125	2125
2126	2126
2127	2127	HB3575- 60 -LRB103 29826 RLC 56234 b HB3575 - 60 - LRB103 29826 RLC 56234 b
2128	2128	HB3575 - 60 - LRB103 29826 RLC 56234 b
2129	2129	1 render him ineligible for coverage under the Social
2130	2130	2 Security Act by reason of Sections 218(d)(5)(A),
2131	2131	3 218(d)(8)(D) and 218(l)(1) of that Act.
2132	2132	4 A person who became employed as an investigator for
2133	2133	5 the Secretary of State between January 1, 1967 and
2134	2134	6 December 31, 1975, and who has served as such until
2135	2135	7 attainment of age 60, either continuously or with a single
2136	2136	8 break in service of not more than 3 years duration, which
2137	2137	9 break terminated before January 1, 1976, shall be entitled
2138	2138	10 to have his retirement annuity calculated in accordance
2139	2139	11 with subsection (a), notwithstanding that he has less than
2140	2140	12 20 years of credit for such service.
2141	2141	13 (6) The term "Conservation Police Officer" means any
2142	2142	14 person employed by the Division of Law Enforcement of the
2143	2143	15 Department of Natural Resources before the effective date
2144	2144	16 of this amendatory Act of the 103rd General Assembly and
2145	2145	17 vested with such law enforcement duties as render him
2146	2146	18 ineligible for coverage under the Social Security Act by
2147	2147	19 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
2148	2148	20 218(l)(1) of that Act. The term "Conservation Police
2149	2149	21 Officer" includes the positions of Chief Conservation
2150	2150	22 Police Administrator and Assistant Conservation Police
2151	2151	23 Administrator.
2152	2152	24 (7) The term "investigator for the Department of
2153	2153	25 Revenue" means any person employed by the Department of
2154	2154	26 Revenue and vested with such investigative duties as
2155	2155
2156	2156
2157	2157
2158	2158
2159	2159
2160	2160	HB3575 - 60 - LRB103 29826 RLC 56234 b
2161	2161
2162	2162
2163	2163	HB3575- 61 -LRB103 29826 RLC 56234 b HB3575 - 61 - LRB103 29826 RLC 56234 b
2164	2164	HB3575 - 61 - LRB103 29826 RLC 56234 b
2165	2165	1 render him ineligible for coverage under the Social
2166	2166	2 Security Act by reason of Sections 218(d)(5)(A),
2167	2167	3 218(d)(8)(D) and 218(l)(1) of that Act.
2168	2168	4 The term "investigator for the Illinois Gaming Board"
2169	2169	5 means any person employed as such by the Illinois Gaming
2170	2170	6 Board and vested with such peace officer duties as render
2171	2171	7 the person ineligible for coverage under the Social
2172	2172	8 Security Act by reason of Sections 218(d)(5)(A),
2173	2173	9 218(d)(8)(D), and 218(l)(1) of that Act.
2174	2174	10 (8) The term "security employee of the Department of
2175	2175	11 Human Services" means any person employed by the
2176	2176	12 Department of Human Services who (i) is employed at the
2177	2177	13 Chester Mental Health Center and has daily contact with
2178	2178	14 the residents thereof, (ii) is employed within a security
2179	2179	15 unit at a facility operated by the Department and has
2180	2180	16 daily contact with the residents of the security unit,
2181	2181	17 (iii) is employed at a facility operated by the Department
2182	2182	18 that includes a security unit and is regularly scheduled
2183	2183	19 to work at least 50% of his or her working hours within
2184	2184	20 that security unit, or (iv) is a mental health police
2185	2185	21 officer. "Mental health police officer" means any person
2186	2186	22 employed by the Department of Human Services in a position
2187	2187	23 pertaining to the Department's mental health and
2188	2188	24 developmental disabilities functions who is vested with
2189	2189	25 such law enforcement duties as render the person
2190	2190	26 ineligible for coverage under the Social Security Act by
2191	2191
2192	2192
2193	2193
2194	2194
2195	2195
2196	2196	HB3575 - 61 - LRB103 29826 RLC 56234 b
2197	2197
2198	2198
2199	2199	HB3575- 62 -LRB103 29826 RLC 56234 b HB3575 - 62 - LRB103 29826 RLC 56234 b
2200	2200	HB3575 - 62 - LRB103 29826 RLC 56234 b
2201	2201	1 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
2202	2202	2 218(l)(1) of that Act. "Security unit" means that portion
2203	2203	3 of a facility that is devoted to the care, containment,
2204	2204	4 and treatment of persons committed to the Department of
2205	2205	5 Human Services as sexually violent persons, persons unfit
2206	2206	6 to stand trial, or persons not guilty by reason of
2207	2207	7 insanity. With respect to past employment, references to
2208	2208	8 the Department of Human Services include its predecessor,
2209	2209	9 the Department of Mental Health and Developmental
2210	2210	10 Disabilities.
2211	2211	11 The changes made to this subdivision (c)(8) by Public
2212	2212	12 Act 92-14 apply to persons who retire on or after January
2213	2213	13 1, 2001, notwithstanding Section 1-103.1.
2214	2214	14 (9) "Central Management Services security police
2215	2215	15 officer" means any person employed by the Department of
2216	2216	16 Central Management Services who is vested with such law
2217	2217	17 enforcement duties as render him ineligible for coverage
2218	2218	18 under the Social Security Act by reason of Sections
2219	2219	19 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
2220	2220	20 (10) For a member who first became an employee under
2221	2221	21 this Article before July 1, 2005, the term "security
2222	2222	22 employee of the Department of Corrections or the
2223	2223	23 Department of Juvenile Justice" means any employee of the
2224	2224	24 Department of Corrections or the Department of Juvenile
2225	2225	25 Justice or the former Department of Personnel, and any
2226	2226	26 member or employee of the Prisoner Review Board, who has
2227	2227
2228	2228
2229	2229
2230	2230
2231	2231
2232	2232	HB3575 - 62 - LRB103 29826 RLC 56234 b
2233	2233
2234	2234
2235	2235	HB3575- 63 -LRB103 29826 RLC 56234 b HB3575 - 63 - LRB103 29826 RLC 56234 b
2236	2236	HB3575 - 63 - LRB103 29826 RLC 56234 b
2237	2237	1 daily contact with inmates or youth by working within a
2238	2238	2 correctional facility or Juvenile facility operated by the
2239	2239	3 Department of Juvenile Justice or who is a parole officer
2240	2240	4 or an employee who has direct contact with committed
2241	2241	5 persons in the performance of his or her job duties. For a
2242	2242	6 member who first becomes an employee under this Article on
2243	2243	7 or after July 1, 2005, the term means an employee of the
2244	2244	8 Department of Corrections or the Department of Juvenile
2245	2245	9 Justice who is any of the following: (i) officially
2246	2246	10 headquartered at a correctional facility or Juvenile
2247	2247	11 facility operated by the Department of Juvenile Justice,
2248	2248	12 (ii) a parole officer, (iii) a member of the apprehension
2249	2249	13 unit, (iv) a member of the intelligence unit, (v) a member
2250	2250	14 of the sort team, or (vi) an investigator.
2251	2251	15 (11) The term "dangerous drugs investigator" means any
2252	2252	16 person who is employed as such by the Department of Human
2253	2253	17 Services.
2254	2254	18 (12) The term "investigator for the Illinois State
2255	2255	19 Police" means a person employed by the Illinois State
2256	2256	20 Police who is vested under Section 4 of the Narcotic
2257	2257	21 Control Division Abolition Act with such law enforcement
2258	2258	22 powers as render him ineligible for coverage under the
2259	2259	23 Social Security Act by reason of Sections 218(d)(5)(A),
2260	2260	24 218(d)(8)(D) and 218(l)(1) of that Act.
2261	2261	25 (13) "Investigator for the Office of the Attorney
2262	2262	26 General" means any person who is employed as such by the
2263	2263
2264	2264
2265	2265
2266	2266
2267	2267
2268	2268	HB3575 - 63 - LRB103 29826 RLC 56234 b
2269	2269
2270	2270
2271	2271	HB3575- 64 -LRB103 29826 RLC 56234 b HB3575 - 64 - LRB103 29826 RLC 56234 b
2272	2272	HB3575 - 64 - LRB103 29826 RLC 56234 b
2273	2273	1 Office of the Attorney General and is vested with such
2274	2274	2 investigative duties as render him ineligible for coverage
2275	2275	3 under the Social Security Act by reason of Sections
2276	2276	4 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
2277	2277	5 the period before January 1, 1989, the term includes all
2278	2278	6 persons who were employed as investigators by the Office
2279	2279	7 of the Attorney General, without regard to social security
2280	2280	8 status.
2281	2281	9 (14) "Controlled substance inspector" means any person
2282	2282	10 who is employed as such by the Department of Professional
2283	2283	11 Regulation and is vested with such law enforcement duties
2284	2284	12 as render him ineligible for coverage under the Social
2285	2285	13 Security Act by reason of Sections 218(d)(5)(A),
2286	2286	14 218(d)(8)(D) and 218(l)(1) of that Act. The term
2287	2287	15 "controlled substance inspector" includes the Program
2288	2288	16 Executive of Enforcement and the Assistant Program
2289	2289	17 Executive of Enforcement.
2290	2290	18 (15) The term "investigator for the Office of the
2291	2291	19 State's Attorneys Appellate Prosecutor" means a person
2292	2292	20 employed in that capacity on a full-time basis under the
2293	2293	21 authority of Section 7.06 of the State's Attorneys
2294	2294	22 Appellate Prosecutor's Act.
2295	2295	23 (16) "Commerce Commission police officer" means any
2296	2296	24 person employed by the Illinois Commerce Commission who is
2297	2297	25 vested with such law enforcement duties as render him
2298	2298	26 ineligible for coverage under the Social Security Act by
2299	2299
2300	2300
2301	2301
2302	2302
2303	2303
2304	2304	HB3575 - 64 - LRB103 29826 RLC 56234 b
2305	2305
2306	2306
2307	2307	HB3575- 65 -LRB103 29826 RLC 56234 b HB3575 - 65 - LRB103 29826 RLC 56234 b
2308	2308	HB3575 - 65 - LRB103 29826 RLC 56234 b
2309	2309	1 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
2310	2310	2 218(l)(1) of that Act.
2311	2311	3 (17) "Arson investigator" means any person who is
2312	2312	4 employed as such by the Office of the State Fire Marshal
2313	2313	5 and is vested with such law enforcement duties as render
2314	2314	6 the person ineligible for coverage under the Social
2315	2315	7 Security Act by reason of Sections 218(d)(5)(A),
2316	2316	8 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
2317	2317	9 employed as an arson investigator on January 1, 1995 and
2318	2318	10 is no longer in service but not yet receiving a retirement
2319	2319	11 annuity may convert his or her creditable service for
2320	2320	12 employment as an arson investigator into eligible
2321	2321	13 creditable service by paying to the System the difference
2322	2322	14 between the employee contributions actually paid for that
2323	2323	15 service and the amounts that would have been contributed
2324	2324	16 if the applicant were contributing at the rate applicable
2325	2325	17 to persons with the same social security status earning
2326	2326	18 eligible creditable service on the date of application.
2327	2327	19 (18) The term "State highway maintenance worker" means
2328	2328	20 a person who is either of the following:
2329	2329	21 (i) A person employed on a full-time basis by the
2330	2330	22 Illinois Department of Transportation in the position
2331	2331	23 of highway maintainer, highway maintenance lead
2332	2332	24 worker, highway maintenance lead/lead worker, heavy
2333	2333	25 construction equipment operator, power shovel
2334	2334	26 operator, or bridge mechanic; and whose principal
2335	2335
2336	2336
2337	2337
2338	2338
2339	2339
2340	2340	HB3575 - 65 - LRB103 29826 RLC 56234 b
2341	2341
2342	2342
2343	2343	HB3575- 66 -LRB103 29826 RLC 56234 b HB3575 - 66 - LRB103 29826 RLC 56234 b
2344	2344	HB3575 - 66 - LRB103 29826 RLC 56234 b
2345	2345	1 responsibility is to perform, on the roadway, the
2346	2346	2 actual maintenance necessary to keep the highways that
2347	2347	3 form a part of the State highway system in serviceable
2348	2348	4 condition for vehicular traffic.
2349	2349	5 (ii) A person employed on a full-time basis by the
2350	2350	6 Illinois State Toll Highway Authority in the position
2351	2351	7 of equipment operator/laborer H-4, equipment
2352	2352	8 operator/laborer H-6, welder H-4, welder H-6,
2353	2353	9 mechanical/electrical H-4, mechanical/electrical H-6,
2354	2354	10 water/sewer H-4, water/sewer H-6, sign maker/hanger
2355	2355	11 H-4, sign maker/hanger H-6, roadway lighting H-4,
2356	2356	12 roadway lighting H-6, structural H-4, structural H-6,
2357	2357	13 painter H-4, or painter H-6; and whose principal
2358	2358	14 responsibility is to perform, on the roadway, the
2359	2359	15 actual maintenance necessary to keep the Authority's
2360	2360	16 tollways in serviceable condition for vehicular
2361	2361	17 traffic.
2362	2362	18 (19) The term "security employee of the Department of
2363	2363	19 Innovation and Technology" means a person who was a
2364	2364	20 security employee of the Department of Corrections or the
2365	2365	21 Department of Juvenile Justice, was transferred to the
2366	2366	22 Department of Innovation and Technology pursuant to
2367	2367	23 Executive Order 2016-01, and continues to perform similar
2368	2368	24 job functions under that Department.
2369	2369	25 (20) "Transferred employee" means an employee who was
2370	2370	26 transferred to the Department of Central Management
2371	2371
2372	2372
2373	2373
2374	2374
2375	2375
2376	2376	HB3575 - 66 - LRB103 29826 RLC 56234 b
2377	2377
2378	2378
2379	2379	HB3575- 67 -LRB103 29826 RLC 56234 b HB3575 - 67 - LRB103 29826 RLC 56234 b
2380	2380	HB3575 - 67 - LRB103 29826 RLC 56234 b
2381	2381	1 Services by Executive Order No. 2003-10 or Executive Order
2382	2382	2 No. 2004-2 or transferred to the Department of Innovation
2383	2383	3 and Technology by Executive Order No. 2016-1, or both, and
2384	2384	4 was entitled to eligible creditable service for services
2385	2385	5 immediately preceding the transfer.
2386	2386	6 (d) A security employee of the Department of Corrections
2387	2387	7 or the Department of Juvenile Justice, a security employee of
2388	2388	8 the Department of Human Services who is not a mental health
2389	2389	9 police officer, and a security employee of the Department of
2390	2390	10 Innovation and Technology shall not be eligible for the
2391	2391	11 alternative retirement annuity provided by this Section unless
2392	2392	12 he or she meets the following minimum age and service
2393	2393	13 requirements at the time of retirement:
2394	2394	14 (i) 25 years of eligible creditable service and age
2395	2395	15 55; or
2396	2396	16 (ii) beginning January 1, 1987, 25 years of eligible
2397	2397	17 creditable service and age 54, or 24 years of eligible
2398	2398	18 creditable service and age 55; or
2399	2399	19 (iii) beginning January 1, 1988, 25 years of eligible
2400	2400	20 creditable service and age 53, or 23 years of eligible
2401	2401	21 creditable service and age 55; or
2402	2402	22 (iv) beginning January 1, 1989, 25 years of eligible
2403	2403	23 creditable service and age 52, or 22 years of eligible
2404	2404	24 creditable service and age 55; or
2405	2405	25 (v) beginning January 1, 1990, 25 years of eligible
2406	2406	26 creditable service and age 51, or 21 years of eligible
2407	2407
2408	2408
2409	2409
2410	2410
2411	2411
2412	2412	HB3575 - 67 - LRB103 29826 RLC 56234 b
2413	2413
2414	2414
2415	2415	HB3575- 68 -LRB103 29826 RLC 56234 b HB3575 - 68 - LRB103 29826 RLC 56234 b
2416	2416	HB3575 - 68 - LRB103 29826 RLC 56234 b
2417	2417	1 creditable service and age 55; or
2418	2418	2 (vi) beginning January 1, 1991, 25 years of eligible
2419	2419	3 creditable service and age 50, or 20 years of eligible
2420	2420	4 creditable service and age 55.
2421	2421	5 Persons who have service credit under Article 16 of this
2422	2422	6 Code for service as a security employee of the Department of
2423	2423	7 Corrections or the Department of Juvenile Justice, or the
2424	2424	8 Department of Human Services in a position requiring
2425	2425	9 certification as a teacher may count such service toward
2426	2426	10 establishing their eligibility under the service requirements
2427	2427	11 of this Section; but such service may be used only for
2428	2428	12 establishing such eligibility, and not for the purpose of
2429	2429	13 increasing or calculating any benefit.
2430	2430	14 (e) If a member enters military service while working in a
2431	2431	15 position in which eligible creditable service may be earned,
2432	2432	16 and returns to State service in the same or another such
2433	2433	17 position, and fulfills in all other respects the conditions
2434	2434	18 prescribed in this Article for credit for military service,
2435	2435	19 such military service shall be credited as eligible creditable
2436	2436	20 service for the purposes of the retirement annuity prescribed
2437	2437	21 in this Section.
2438	2438	22 (f) For purposes of calculating retirement annuities under
2439	2439	23 this Section, periods of service rendered after December 31,
2440	2440	24 1968 and before October 1, 1975 as a covered employee in the
2441	2441	25 position of special agent, conservation police officer, mental
2442	2442	26 health police officer, or investigator for the Secretary of
2443	2443
2444	2444
2445	2445
2446	2446
2447	2447
2448	2448	HB3575 - 68 - LRB103 29826 RLC 56234 b
2449	2449
2450	2450
2451	2451	HB3575- 69 -LRB103 29826 RLC 56234 b HB3575 - 69 - LRB103 29826 RLC 56234 b
2452	2452	HB3575 - 69 - LRB103 29826 RLC 56234 b
2453	2453	1 State, shall be deemed to have been service as a noncovered
2454	2454	2 employee, provided that the employee pays to the System prior
2455	2455	3 to retirement an amount equal to (1) the difference between
2456	2456	4 the employee contributions that would have been required for
2457	2457	5 such service as a noncovered employee, and the amount of
2458	2458	6 employee contributions actually paid, plus (2) if payment is
2459	2459	7 made after July 31, 1987, regular interest on the amount
2460	2460	8 specified in item (1) from the date of service to the date of
2461	2461	9 payment.
2462	2462	10 For purposes of calculating retirement annuities under
2463	2463	11 this Section, periods of service rendered after December 31,
2464	2464	12 1968 and before January 1, 1982 as a covered employee in the
2465	2465	13 position of investigator for the Department of Revenue shall
2466	2466	14 be deemed to have been service as a noncovered employee,
2467	2467	15 provided that the employee pays to the System prior to
2468	2468	16 retirement an amount equal to (1) the difference between the
2469	2469	17 employee contributions that would have been required for such
2470	2470	18 service as a noncovered employee, and the amount of employee
2471	2471	19 contributions actually paid, plus (2) if payment is made after
2472	2472	20 January 1, 1990, regular interest on the amount specified in
2473	2473	21 item (1) from the date of service to the date of payment.
2474	2474	22 (g) A State policeman may elect, not later than January 1,
2475	2475	23 1990, to establish eligible creditable service for up to 10
2476	2476	24 years of his service as a policeman under Article 3, by filing
2477	2477	25 a written election with the Board, accompanied by payment of
2478	2478	26 an amount to be determined by the Board, equal to (i) the
2479	2479
2480	2480
2481	2481
2482	2482
2483	2483
2484	2484	HB3575 - 69 - LRB103 29826 RLC 56234 b
2485	2485
2486	2486
2487	2487	HB3575- 70 -LRB103 29826 RLC 56234 b HB3575 - 70 - LRB103 29826 RLC 56234 b
2488	2488	HB3575 - 70 - LRB103 29826 RLC 56234 b
2489	2489	1 difference between the amount of employee and employer
2490	2490	2 contributions transferred to the System under Section 3-110.5,
2491	2491	3 and the amounts that would have been contributed had such
2492	2492	4 contributions been made at the rates applicable to State
2493	2493	5 policemen, plus (ii) interest thereon at the effective rate
2494	2494	6 for each year, compounded annually, from the date of service
2495	2495	7 to the date of payment.
2496	2496	8 Subject to the limitation in subsection (i), a State
2497	2497	9 policeman may elect, not later than July 1, 1993, to establish
2498	2498	10 eligible creditable service for up to 10 years of his service
2499	2499	11 as a member of the County Police Department under Article 9, by
2500	2500	12 filing a written election with the Board, accompanied by
2501	2501	13 payment of an amount to be determined by the Board, equal to
2502	2502	14 (i) the difference between the amount of employee and employer
2503	2503	15 contributions transferred to the System under Section 9-121.10
2504	2504	16 and the amounts that would have been contributed had those
2505	2505	17 contributions been made at the rates applicable to State
2506	2506	18 policemen, plus (ii) interest thereon at the effective rate
2507	2507	19 for each year, compounded annually, from the date of service
2508	2508	20 to the date of payment.
2509	2509	21 (h) Subject to the limitation in subsection (i), a State
2510	2510	22 policeman or investigator for the Secretary of State may elect
2511	2511	23 to establish eligible creditable service for up to 12 years of
2512	2512	24 his service as a policeman under Article 5, by filing a written
2513	2513	25 election with the Board on or before January 31, 1992, and
2514	2514	26 paying to the System by January 31, 1994 an amount to be
2515	2515
2516	2516
2517	2517
2518	2518
2519	2519
2520	2520	HB3575 - 70 - LRB103 29826 RLC 56234 b
2521	2521
2522	2522
2523	2523	HB3575- 71 -LRB103 29826 RLC 56234 b HB3575 - 71 - LRB103 29826 RLC 56234 b
2524	2524	HB3575 - 71 - LRB103 29826 RLC 56234 b
2525	2525	1 determined by the Board, equal to (i) the difference between
2526	2526	2 the amount of employee and employer contributions transferred
2527	2527	3 to the System under Section 5-236, and the amounts that would
2528	2528	4 have been contributed had such contributions been made at the
2529	2529	5 rates applicable to State policemen, plus (ii) interest
2530	2530	6 thereon at the effective rate for each year, compounded
2531	2531	7 annually, from the date of service to the date of payment.
2532	2532	8 Subject to the limitation in subsection (i), a State
2533	2533	9 policeman, conservation police officer, or investigator for
2534	2534	10 the Secretary of State may elect to establish eligible
2535	2535	11 creditable service for up to 10 years of service as a sheriff's
2536	2536	12 law enforcement employee under Article 7, by filing a written
2537	2537	13 election with the Board on or before January 31, 1993, and
2538	2538	14 paying to the System by January 31, 1994 an amount to be
2539	2539	15 determined by the Board, equal to (i) the difference between
2540	2540	16 the amount of employee and employer contributions transferred
2541	2541	17 to the System under Section 7-139.7, and the amounts that
2542	2542	18 would have been contributed had such contributions been made
2543	2543	19 at the rates applicable to State policemen, plus (ii) interest
2544	2544	20 thereon at the effective rate for each year, compounded
2545	2545	21 annually, from the date of service to the date of payment.
2546	2546	22 Subject to the limitation in subsection (i), a State
2547	2547	23 policeman, conservation police officer, or investigator for
2548	2548	24 the Secretary of State may elect to establish eligible
2549	2549	25 creditable service for up to 5 years of service as a police
2550	2550	26 officer under Article 3, a policeman under Article 5, a
2551	2551
2552	2552
2553	2553
2554	2554
2555	2555
2556	2556	HB3575 - 71 - LRB103 29826 RLC 56234 b
2557	2557
2558	2558
2559	2559	HB3575- 72 -LRB103 29826 RLC 56234 b HB3575 - 72 - LRB103 29826 RLC 56234 b
2560	2560	HB3575 - 72 - LRB103 29826 RLC 56234 b
2561	2561	1 sheriff's law enforcement employee under Article 7, a member
2562	2562	2 of the county police department under Article 9, or a police
2563	2563	3 officer under Article 15 by filing a written election with the
2564	2564	4 Board and paying to the System an amount to be determined by
2565	2565	5 the Board, equal to (i) the difference between the amount of
2566	2566	6 employee and employer contributions transferred to the System
2567	2567	7 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
2568	2568	8 and the amounts that would have been contributed had such
2569	2569	9 contributions been made at the rates applicable to State
2570	2570	10 policemen, plus (ii) interest thereon at the effective rate
2571	2571	11 for each year, compounded annually, from the date of service
2572	2572	12 to the date of payment.
2573	2573	13 Subject to the limitation in subsection (i), an
2574	2574	14 investigator for the Office of the Attorney General, or an
2575	2575	15 investigator for the Department of Revenue, may elect to
2576	2576	16 establish eligible creditable service for up to 5 years of
2577	2577	17 service as a police officer under Article 3, a policeman under
2578	2578	18 Article 5, a sheriff's law enforcement employee under Article
2579	2579	19 7, or a member of the county police department under Article 9
2580	2580	20 by filing a written election with the Board within 6 months
2581	2581	21 after August 25, 2009 (the effective date of Public Act
2582	2582	22 96-745) and paying to the System an amount to be determined by
2583	2583	23 the Board, equal to (i) the difference between the amount of
2584	2584	24 employee and employer contributions transferred to the System
2585	2585	25 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
2586	2586	26 amounts that would have been contributed had such
2587	2587
2588	2588
2589	2589
2590	2590
2591	2591
2592	2592	HB3575 - 72 - LRB103 29826 RLC 56234 b
2593	2593
2594	2594
2595	2595	HB3575- 73 -LRB103 29826 RLC 56234 b HB3575 - 73 - LRB103 29826 RLC 56234 b
2596	2596	HB3575 - 73 - LRB103 29826 RLC 56234 b
2597	2597	1 contributions been made at the rates applicable to State
2598	2598	2 policemen, plus (ii) interest thereon at the actuarially
2599	2599	3 assumed rate for each year, compounded annually, from the date
2600	2600	4 of service to the date of payment.
2601	2601	5 Subject to the limitation in subsection (i), a State
2602	2602	6 policeman, conservation police officer, investigator for the
2603	2603	7 Office of the Attorney General, an investigator for the
2604	2604	8 Department of Revenue, or investigator for the Secretary of
2605	2605	9 State may elect to establish eligible creditable service for
2606	2606	10 up to 5 years of service as a person employed by a
2607	2607	11 participating municipality to perform police duties, or law
2608	2608	12 enforcement officer employed on a full-time basis by a forest
2609	2609	13 preserve district under Article 7, a county corrections
2610	2610	14 officer, or a court services officer under Article 9, by
2611	2611	15 filing a written election with the Board within 6 months after
2612	2612	16 August 25, 2009 (the effective date of Public Act 96-745) and
2613	2613	17 paying to the System an amount to be determined by the Board,
2614	2614	18 equal to (i) the difference between the amount of employee and
2615	2615	19 employer contributions transferred to the System under
2616	2616	20 Sections 7-139.8 and 9-121.10 and the amounts that would have
2617	2617	21 been contributed had such contributions been made at the rates
2618	2618	22 applicable to State policemen, plus (ii) interest thereon at
2619	2619	23 the actuarially assumed rate for each year, compounded
2620	2620	24 annually, from the date of service to the date of payment.
2621	2621	25 Subject to the limitation in subsection (i), a State
2622	2622	26 policeman, arson investigator, or Commerce Commission police
2623	2623
2624	2624
2625	2625
2626	2626
2627	2627
2628	2628	HB3575 - 73 - LRB103 29826 RLC 56234 b
2629	2629
2630	2630
2631	2631	HB3575- 74 -LRB103 29826 RLC 56234 b HB3575 - 74 - LRB103 29826 RLC 56234 b
2632	2632	HB3575 - 74 - LRB103 29826 RLC 56234 b
2633	2633	1 officer may elect to establish eligible creditable service for
2634	2634	2 up to 5 years of service as a person employed by a
2635	2635	3 participating municipality to perform police duties under
2636	2636	4 Article 7, a county corrections officer, a court services
2637	2637	5 officer under Article 9, or a firefighter under Article 4 by
2638	2638	6 filing a written election with the Board within 6 months after
2639	2639	7 July 30, 2021 (the effective date of Public Act 102-210) and
2640	2640	8 paying to the System an amount to be determined by the Board
2641	2641	9 equal to (i) the difference between the amount of employee and
2642	2642	10 employer contributions transferred to the System under
2643	2643	11 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
2644	2644	12 would have been contributed had such contributions been made
2645	2645	13 at the rates applicable to State policemen, plus (ii) interest
2646	2646	14 thereon at the actuarially assumed rate for each year,
2647	2647	15 compounded annually, from the date of service to the date of
2648	2648	16 payment.
2649	2649	17 Subject to the limitation in subsection (i), a
2650	2650	18 conservation police officer may elect to establish eligible
2651	2651	19 creditable service for up to 5 years of service as a person
2652	2652	20 employed by a participating municipality to perform police
2653	2653	21 duties under Article 7, a county corrections officer, or a
2654	2654	22 court services officer under Article 9 by filing a written
2655	2655	23 election with the Board within 6 months after July 30, 2021
2656	2656	24 (the effective date of Public Act 102-210) and paying to the
2657	2657	25 System an amount to be determined by the Board equal to (i) the
2658	2658	26 difference between the amount of employee and employer
2659	2659
2660	2660
2661	2661
2662	2662
2663	2663
2664	2664	HB3575 - 74 - LRB103 29826 RLC 56234 b
2665	2665
2666	2666
2667	2667	HB3575- 75 -LRB103 29826 RLC 56234 b HB3575 - 75 - LRB103 29826 RLC 56234 b
2668	2668	HB3575 - 75 - LRB103 29826 RLC 56234 b
2669	2669	1 contributions transferred to the System under Sections 7-139.8
2670	2670	2 and 9-121.10 and the amounts that would have been contributed
2671	2671	3 had such contributions been made at the rates applicable to
2672	2672	4 State policemen, plus (ii) interest thereon at the actuarially
2673	2673	5 assumed rate for each year, compounded annually, from the date
2674	2674	6 of service to the date of payment.
2675	2675	7 Subject to the limitation in subsection (i), an
2676	2676	8 investigator for the Department of Revenue, investigator for
2677	2677	9 the Illinois Gaming Board, investigator for the Secretary of
2678	2678	10 State, or arson investigator may elect to establish eligible
2679	2679	11 creditable service for up to 5 years of service as a person
2680	2680	12 employed by a participating municipality to perform police
2681	2681	13 duties under Article 7, a county corrections officer, a court
2682	2682	14 services officer under Article 9, or a firefighter under
2683	2683	15 Article 4 by filing a written election with the Board within 6
2684	2684	16 months after the effective date of this amendatory Act of the
2685	2685	17 102nd General Assembly and paying to the System an amount to be
2686	2686	18 determined by the Board equal to (i) the difference between
2687	2687	19 the amount of employee and employer contributions transferred
2688	2688	20 to the System under Sections 4-108.8, 7-139.8, and 9-121.10
2689	2689	21 and the amounts that would have been contributed had such
2690	2690	22 contributions been made at the rates applicable to State
2691	2691	23 policemen, plus (ii) interest thereon at the actuarially
2692	2692	24 assumed rate for each year, compounded annually, from the date
2693	2693	25 of service to the date of payment.
2694	2694	26 Notwithstanding the limitation in subsection (i), a State
2695	2695
2696	2696
2697	2697
2698	2698
2699	2699
2700	2700	HB3575 - 75 - LRB103 29826 RLC 56234 b
2701	2701
2702	2702
2703	2703	HB3575- 76 -LRB103 29826 RLC 56234 b HB3575 - 76 - LRB103 29826 RLC 56234 b
2704	2704	HB3575 - 76 - LRB103 29826 RLC 56234 b
2705	2705	1 policeman or conservation police officer may elect to convert
2706	2706	2 service credit earned under this Article to eligible
2707	2707	3 creditable service, as defined by this Section, by filing a
2708	2708	4 written election with the board within 6 months after July 30,
2709	2709	5 2021 (the effective date of Public Act 102-210) and paying to
2710	2710	6 the System an amount to be determined by the Board equal to (i)
2711	2711	7 the difference between the amount of employee contributions
2712	2712	8 originally paid for that service and the amounts that would
2713	2713	9 have been contributed had such contributions been made at the
2714	2714	10 rates applicable to State policemen, plus (ii) the difference
2715	2715	11 between the employer's normal cost of the credit prior to the
2716	2716	12 conversion authorized by Public Act 102-210 and the employer's
2717	2717	13 normal cost of the credit converted in accordance with Public
2718	2718	14 Act 102-210, plus (iii) interest thereon at the actuarially
2719	2719	15 assumed rate for each year, compounded annually, from the date
2720	2720	16 of service to the date of payment.
2721	2721	17 Notwithstanding the limitation in subsection (i), an
2722	2722	18 investigator for the Department of Revenue, investigator for
2723	2723	19 the Illinois Gaming Board, investigator for the Secretary of
2724	2724	20 State, or arson investigator may elect to convert service
2725	2725	21 credit earned under this Article to eligible creditable
2726	2726	22 service, as defined by this Section, by filing a written
2727	2727	23 election with the Board within 6 months after the effective
2728	2728	24 date of this amendatory Act of the 102nd General Assembly and
2729	2729	25 paying to the System an amount to be determined by the Board
2730	2730	26 equal to (i) the difference between the amount of employee
2731	2731
2732	2732
2733	2733
2734	2734
2735	2735
2736	2736	HB3575 - 76 - LRB103 29826 RLC 56234 b
2737	2737
2738	2738
2739	2739	HB3575- 77 -LRB103 29826 RLC 56234 b HB3575 - 77 - LRB103 29826 RLC 56234 b
2740	2740	HB3575 - 77 - LRB103 29826 RLC 56234 b
2741	2741	1 contributions originally paid for that service and the amounts
2742	2742	2 that would have been contributed had such contributions been
2743	2743	3 made at the rates applicable to investigators for the
2744	2744	4 Department of Revenue, investigators for the Illinois Gaming
2745	2745	5 Board, investigators for the Secretary of State, or arson
2746	2746	6 investigators, plus (ii) the difference between the employer's
2747	2747	7 normal cost of the credit prior to the conversion authorized
2748	2748	8 by this amendatory Act of the 102nd General Assembly and the
2749	2749	9 employer's normal cost of the credit converted in accordance
2750	2750	10 with this amendatory Act of the 102nd General Assembly, plus
2751	2751	11 (iii) interest thereon at the actuarially assumed rate for
2752	2752	12 each year, compounded annually, from the date of service to
2753	2753	13 the date of payment.
2754	2754	14 (i) The total amount of eligible creditable service
2755	2755	15 established by any person under subsections (g), (h), (j),
2756	2756	16 (k), (l), (l-5), and (o) of this Section shall not exceed 12
2757	2757	17 years.
2758	2758	18 (j) Subject to the limitation in subsection (i), an
2759	2759	19 investigator for the Office of the State's Attorneys Appellate
2760	2760	20 Prosecutor or a controlled substance inspector may elect to
2761	2761	21 establish eligible creditable service for up to 10 years of
2762	2762	22 his service as a policeman under Article 3 or a sheriff's law
2763	2763	23 enforcement employee under Article 7, by filing a written
2764	2764	24 election with the Board, accompanied by payment of an amount
2765	2765	25 to be determined by the Board, equal to (1) the difference
2766	2766	26 between the amount of employee and employer contributions
2767	2767
2768	2768
2769	2769
2770	2770
2771	2771
2772	2772	HB3575 - 77 - LRB103 29826 RLC 56234 b
2773	2773
2774	2774
2775	2775	HB3575- 78 -LRB103 29826 RLC 56234 b HB3575 - 78 - LRB103 29826 RLC 56234 b
2776	2776	HB3575 - 78 - LRB103 29826 RLC 56234 b
2777	2777	1 transferred to the System under Section 3-110.6 or 7-139.8,
2778	2778	2 and the amounts that would have been contributed had such
2779	2779	3 contributions been made at the rates applicable to State
2780	2780	4 policemen, plus (2) interest thereon at the effective rate for
2781	2781	5 each year, compounded annually, from the date of service to
2782	2782	6 the date of payment.
2783	2783	7 (k) Subject to the limitation in subsection (i) of this
2784	2784	8 Section, an alternative formula employee may elect to
2785	2785	9 establish eligible creditable service for periods spent as a
2786	2786	10 full-time law enforcement officer or full-time corrections
2787	2787	11 officer employed by the federal government or by a state or
2788	2788	12 local government located outside of Illinois, for which credit
2789	2789	13 is not held in any other public employee pension fund or
2790	2790	14 retirement system. To obtain this credit, the applicant must
2791	2791	15 file a written application with the Board by March 31, 1998,
2792	2792	16 accompanied by evidence of eligibility acceptable to the Board
2793	2793	17 and payment of an amount to be determined by the Board, equal
2794	2794	18 to (1) employee contributions for the credit being
2795	2795	19 established, based upon the applicant's salary on the first
2796	2796	20 day as an alternative formula employee after the employment
2797	2797	21 for which credit is being established and the rates then
2798	2798	22 applicable to alternative formula employees, plus (2) an
2799	2799	23 amount determined by the Board to be the employer's normal
2800	2800	24 cost of the benefits accrued for the credit being established,
2801	2801	25 plus (3) regular interest on the amounts in items (1) and (2)
2802	2802	26 from the first day as an alternative formula employee after
2803	2803
2804	2804
2805	2805
2806	2806
2807	2807
2808	2808	HB3575 - 78 - LRB103 29826 RLC 56234 b
2809	2809
2810	2810
2811	2811	HB3575- 79 -LRB103 29826 RLC 56234 b HB3575 - 79 - LRB103 29826 RLC 56234 b
2812	2812	HB3575 - 79 - LRB103 29826 RLC 56234 b
2813	2813	1 the employment for which credit is being established to the
2814	2814	2 date of payment.
2815	2815	3 (l) Subject to the limitation in subsection (i), a
2816	2816	4 security employee of the Department of Corrections may elect,
2817	2817	5 not later than July 1, 1998, to establish eligible creditable
2818	2818	6 service for up to 10 years of his or her service as a policeman
2819	2819	7 under Article 3, by filing a written election with the Board,
2820	2820	8 accompanied by payment of an amount to be determined by the
2821	2821	9 Board, equal to (i) the difference between the amount of
2822	2822	10 employee and employer contributions transferred to the System
2823	2823	11 under Section 3-110.5, and the amounts that would have been
2824	2824	12 contributed had such contributions been made at the rates
2825	2825	13 applicable to security employees of the Department of
2826	2826	14 Corrections, plus (ii) interest thereon at the effective rate
2827	2827	15 for each year, compounded annually, from the date of service
2828	2828	16 to the date of payment.
2829	2829	17 (l-5) Subject to the limitation in subsection (i) of this
2830	2830	18 Section, a State policeman may elect to establish eligible
2831	2831	19 creditable service for up to 5 years of service as a full-time
2832	2832	20 law enforcement officer employed by the federal government or
2833	2833	21 by a state or local government located outside of Illinois for
2834	2834	22 which credit is not held in any other public employee pension
2835	2835	23 fund or retirement system. To obtain this credit, the
2836	2836	24 applicant must file a written application with the Board no
2837	2837	25 later than 3 years after January 1, 2020 (the effective date of
2838	2838	26 Public Act 101-610), accompanied by evidence of eligibility
2839	2839
2840	2840
2841	2841
2842	2842
2843	2843
2844	2844	HB3575 - 79 - LRB103 29826 RLC 56234 b
2845	2845
2846	2846
2847	2847	HB3575- 80 -LRB103 29826 RLC 56234 b HB3575 - 80 - LRB103 29826 RLC 56234 b
2848	2848	HB3575 - 80 - LRB103 29826 RLC 56234 b
2849	2849	1 acceptable to the Board and payment of an amount to be
2850	2850	2 determined by the Board, equal to (1) employee contributions
2851	2851	3 for the credit being established, based upon the applicant's
2852	2852	4 salary on the first day as an alternative formula employee
2853	2853	5 after the employment for which credit is being established and
2854	2854	6 the rates then applicable to alternative formula employees,
2855	2855	7 plus (2) an amount determined by the Board to be the employer's
2856	2856	8 normal cost of the benefits accrued for the credit being
2857	2857	9 established, plus (3) regular interest on the amounts in items
2858	2858	10 (1) and (2) from the first day as an alternative formula
2859	2859	11 employee after the employment for which credit is being
2860	2860	12 established to the date of payment.
2861	2861	13 (m) The amendatory changes to this Section made by Public
2862	2862	14 Act 94-696 apply only to: (1) security employees of the
2863	2863	15 Department of Juvenile Justice employed by the Department of
2864	2864	16 Corrections before June 1, 2006 (the effective date of Public
2865	2865	17 Act 94-696) and transferred to the Department of Juvenile
2866	2866	18 Justice by Public Act 94-696; and (2) persons employed by the
2867	2867	19 Department of Juvenile Justice on or after June 1, 2006 (the
2868	2868	20 effective date of Public Act 94-696) who are required by
2869	2869	21 subsection (b) of Section 3-2.5-15 of the Unified Code of
2870	2870	22 Corrections to have any bachelor's or advanced degree from an
2871	2871	23 accredited college or university or, in the case of persons
2872	2872	24 who provide vocational training, who are required to have
2873	2873	25 adequate knowledge in the skill for which they are providing
2874	2874	26 the vocational training.
2875	2875
2876	2876
2877	2877
2878	2878
2879	2879
2880	2880	HB3575 - 80 - LRB103 29826 RLC 56234 b
2881	2881
2882	2882
2883	2883	HB3575- 81 -LRB103 29826 RLC 56234 b HB3575 - 81 - LRB103 29826 RLC 56234 b
2884	2884	HB3575 - 81 - LRB103 29826 RLC 56234 b
2885	2885	1 (n) A person employed in a position under subsection (b)
2886	2886	2 of this Section who has purchased service credit under
2887	2887	3 subsection (j) of Section 14-104 or subsection (b) of Section
2888	2888	4 14-105 in any other capacity under this Article may convert up
2889	2889	5 to 5 years of that service credit into service credit covered
2890	2890	6 under this Section by paying to the Fund an amount equal to (1)
2891	2891	7 the additional employee contribution required under Section
2892	2892	8 14-133, plus (2) the additional employer contribution required
2893	2893	9 under Section 14-131, plus (3) interest on items (1) and (2) at
2894	2894	10 the actuarially assumed rate from the date of the service to
2895	2895	11 the date of payment.
2896	2896	12 (o) Subject to the limitation in subsection (i), a
2897	2897	13 conservation police officer, investigator for the Secretary of
2898	2898	14 State, Commerce Commission police officer, investigator for
2899	2899	15 the Department of Revenue or the Illinois Gaming Board, or
2900	2900	16 arson investigator subject to subsection (g) of Section 1-160
2901	2901	17 may elect to convert up to 8 years of service credit
2902	2902	18 established before January 1, 2020 (the effective date of
2903	2903	19 Public Act 101-610) as a conservation police officer,
2904	2904	20 investigator for the Secretary of State, Commerce Commission
2905	2905	21 police officer, investigator for the Department of Revenue or
2906	2906	22 the Illinois Gaming Board, or arson investigator under this
2907	2907	23 Article into eligible creditable service by filing a written
2908	2908	24 election with the Board no later than one year after January 1,
2909	2909	25 2020 (the effective date of Public Act 101-610), accompanied
2910	2910	26 by payment of an amount to be determined by the Board equal to
2911	2911
2912	2912
2913	2913
2914	2914
2915	2915
2916	2916	HB3575 - 81 - LRB103 29826 RLC 56234 b
2917	2917
2918	2918
2919	2919	HB3575- 82 -LRB103 29826 RLC 56234 b HB3575 - 82 - LRB103 29826 RLC 56234 b
2920	2920	HB3575 - 82 - LRB103 29826 RLC 56234 b
2921	2921	1 (i) the difference between the amount of the employee
2922	2922	2 contributions actually paid for that service and the amount of
2923	2923	3 the employee contributions that would have been paid had the
2924	2924	4 employee contributions been made as a noncovered employee
2925	2925	5 serving in a position in which eligible creditable service, as
2926	2926	6 defined in this Section, may be earned, plus (ii) interest
2927	2927	7 thereon at the effective rate for each year, compounded
2928	2928	8 annually, from the date of service to the date of payment.
2929	2929	9 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
2930	2930	10 102-538, eff. 8-20-21; 102-856, eff. 1-1-23.)
2931	2931	11 (Text of Section from P.A. 102-956)
2932	2932	12 Sec. 14-110. Alternative retirement annuity.
2933	2933	13 (a) Any member who has withdrawn from service with not
2934	2934	14 less than 20 years of eligible creditable service and has
2935	2935	15 attained age 55, and any member who has withdrawn from service
2936	2936	16 with not less than 25 years of eligible creditable service and
2937	2937	17 has attained age 50, regardless of whether the attainment of
2938	2938	18 either of the specified ages occurs while the member is still
2939	2939	19 in service, shall be entitled to receive at the option of the
2940	2940	20 member, in lieu of the regular or minimum retirement annuity,
2941	2941	21 a retirement annuity computed as follows:
2942	2942	22 (i) for periods of service as a noncovered employee:
2943	2943	23 if retirement occurs on or after January 1, 2001, 3% of
2944	2944	24 final average compensation for each year of creditable
2945	2945	25 service; if retirement occurs before January 1, 2001, 2
2946	2946
2947	2947
2948	2948
2949	2949
2950	2950
2951	2951	HB3575 - 82 - LRB103 29826 RLC 56234 b
2952	2952
2953	2953
2954	2954	HB3575- 83 -LRB103 29826 RLC 56234 b HB3575 - 83 - LRB103 29826 RLC 56234 b
2955	2955	HB3575 - 83 - LRB103 29826 RLC 56234 b
2956	2956	1 1/4% of final average compensation for each of the first
2957	2957	2 10 years of creditable service, 2 1/2% for each year above
2958	2958	3 10 years to and including 20 years of creditable service,
2959	2959	4 and 2 3/4% for each year of creditable service above 20
2960	2960	5 years; and
2961	2961	6 (ii) for periods of eligible creditable service as a
2962	2962	7 covered employee: if retirement occurs on or after January
2963	2963	8 1, 2001, 2.5% of final average compensation for each year
2964	2964	9 of creditable service; if retirement occurs before January
2965	2965	10 1, 2001, 1.67% of final average compensation for each of
2966	2966	11 the first 10 years of such service, 1.90% for each of the
2967	2967	12 next 10 years of such service, 2.10% for each year of such
2968	2968	13 service in excess of 20 but not exceeding 30, and 2.30% for
2969	2969	14 each year in excess of 30.
2970	2970	15 Such annuity shall be subject to a maximum of 75% of final
2971	2971	16 average compensation if retirement occurs before January 1,
2972	2972	17 2001 or to a maximum of 80% of final average compensation if
2973	2973	18 retirement occurs on or after January 1, 2001.
2974	2974	19 These rates shall not be applicable to any service
2975	2975	20 performed by a member as a covered employee which is not
2976	2976	21 eligible creditable service. Service as a covered employee
2977	2977	22 which is not eligible creditable service shall be subject to
2978	2978	23 the rates and provisions of Section 14-108.
2979	2979	24 (b) For the purpose of this Section, "eligible creditable
2980	2980	25 service" means creditable service resulting from service in
2981	2981	26 one or more of the following positions:
2982	2982
2983	2983
2984	2984
2985	2985
2986	2986
2987	2987	HB3575 - 83 - LRB103 29826 RLC 56234 b
2988	2988
2989	2989
2990	2990	HB3575- 84 -LRB103 29826 RLC 56234 b HB3575 - 84 - LRB103 29826 RLC 56234 b
2991	2991	HB3575 - 84 - LRB103 29826 RLC 56234 b
2992	2992	1 (1) State policeman;
2993	2993	2 (2) fire fighter in the fire protection service of a
2994	2994	3 department;
2995	2995	4 (3) air pilot;
2996	2996	5 (4) special agent;
2997	2997	6 (5) investigator for the Secretary of State;
2998	2998	7 (6) conservation police officer;
2999	2999	8 (7) investigator for the Department of Revenue or the
3000	3000	9 Illinois Gaming Board;
3001	3001	10 (8) security employee of the Department of Human
3002	3002	11 Services;
3003	3003	12 (9) Central Management Services security police
3004	3004	13 officer;
3005	3005	14 (10) security employee of the Department of
3006	3006	15 Corrections or the Department of Juvenile Justice;
3007	3007	16 (11) dangerous drugs investigator;
3008	3008	17 (12) investigator for the Illinois State Police;
3009	3009	18 (13) investigator for the Office of the Attorney
3010	3010	19 General;
3011	3011	20 (14) controlled substance inspector;
3012	3012	21 (15) investigator for the Office of the State's
3013	3013	22 Attorneys Appellate Prosecutor;
3014	3014	23 (16) Commerce Commission police officer;
3015	3015	24 (17) arson investigator;
3016	3016	25 (18) State highway maintenance worker;
3017	3017	26 (19) security employee of the Department of Innovation
3018	3018
3019	3019
3020	3020
3021	3021
3022	3022
3023	3023	HB3575 - 84 - LRB103 29826 RLC 56234 b
3024	3024
3025	3025
3026	3026	HB3575- 85 -LRB103 29826 RLC 56234 b HB3575 - 85 - LRB103 29826 RLC 56234 b
3027	3027	HB3575 - 85 - LRB103 29826 RLC 56234 b
3028	3028	1 and Technology; or
3029	3029	2 (20) transferred employee.
3030	3030	3 A person employed in one of the positions specified in
3031	3031	4 this subsection is entitled to eligible creditable service for
3032	3032	5 service credit earned under this Article while undergoing the
3033	3033	6 basic police training course approved by the Illinois Law
3034	3034	7 Enforcement Training Standards Board, if completion of that
3035	3035	8 training is required of persons serving in that position. For
3036	3036	9 the purposes of this Code, service during the required basic
3037	3037	10 police training course shall be deemed performance of the
3038	3038	11 duties of the specified position, even though the person is
3039	3039	12 not a sworn peace officer at the time of the training.
3040	3040	13 A person under paragraph (20) is entitled to eligible
3041	3041	14 creditable service for service credit earned under this
3042	3042	15 Article on and after his or her transfer by Executive Order No.
3043	3043	16 2003-10, Executive Order No. 2004-2, or Executive Order No.
3044	3044	17 2016-1.
3045	3045	18 (c) For the purposes of this Section:
3046	3046	19 (1) The term "State policeman" includes any title or
3047	3047	20 position in the Illinois State Police that is held by an
3048	3048	21 individual employed under the Illinois State Police Act.
3049	3049	22 (2) The term "fire fighter in the fire protection
3050	3050	23 service of a department" includes all officers in such
3051	3051	24 fire protection service including fire chiefs and
3052	3052	25 assistant fire chiefs.
3053	3053	26 (3) The term "air pilot" includes any employee whose
3054	3054
3055	3055
3056	3056
3057	3057
3058	3058
3059	3059	HB3575 - 85 - LRB103 29826 RLC 56234 b
3060	3060
3061	3061
3062	3062	HB3575- 86 -LRB103 29826 RLC 56234 b HB3575 - 86 - LRB103 29826 RLC 56234 b
3063	3063	HB3575 - 86 - LRB103 29826 RLC 56234 b
3064	3064	1 official job description on file in the Department of
3065	3065	2 Central Management Services, or in the department by which
3066	3066	3 he is employed if that department is not covered by the
3067	3067	4 Personnel Code, states that his principal duty is the
3068	3068	5 operation of aircraft, and who possesses a pilot's
3069	3069	6 license; however, the change in this definition made by
3070	3070	7 Public Act 83-842 shall not operate to exclude any
3071	3071	8 noncovered employee who was an "air pilot" for the
3072	3072	9 purposes of this Section on January 1, 1984.
3073	3073	10 (4) The term "special agent" means any person who by
3074	3074	11 reason of employment by the Division of Narcotic Control,
3075	3075	12 the Bureau of Investigation or, after July 1, 1977, the
3076	3076	13 Division of Criminal Investigation, the Division of
3077	3077	14 Internal Investigation, the Division of Operations, the
3078	3078	15 Division of Patrol Operations, or any other Division or
3079	3079	16 organizational entity in the Illinois State Police is
3080	3080	17 vested by law with duties to maintain public order,
3081	3081	18 investigate violations of the criminal law of this State,
3082	3082	19 enforce the laws of this State, make arrests and recover
3083	3083	20 property. The term "special agent" includes any title or
3084	3084	21 position in the Illinois State Police that is held by an
3085	3085	22 individual employed under the Illinois State Police Act.
3086	3086	23 (5) The term "investigator for the Secretary of State"
3087	3087	24 means any person employed by the Office of the Secretary
3088	3088	25 of State and vested with such investigative duties as
3089	3089	26 render him ineligible for coverage under the Social
3090	3090
3091	3091
3092	3092
3093	3093
3094	3094
3095	3095	HB3575 - 86 - LRB103 29826 RLC 56234 b
3096	3096
3097	3097
3098	3098	HB3575- 87 -LRB103 29826 RLC 56234 b HB3575 - 87 - LRB103 29826 RLC 56234 b
3099	3099	HB3575 - 87 - LRB103 29826 RLC 56234 b
3100	3100	1 Security Act by reason of Sections 218(d)(5)(A),
3101	3101	2 218(d)(8)(D) and 218(l)(1) of that Act.
3102	3102	3 A person who became employed as an investigator for
3103	3103	4 the Secretary of State between January 1, 1967 and
3104	3104	5 December 31, 1975, and who has served as such until
3105	3105	6 attainment of age 60, either continuously or with a single
3106	3106	7 break in service of not more than 3 years duration, which
3107	3107	8 break terminated before January 1, 1976, shall be entitled
3108	3108	9 to have his retirement annuity calculated in accordance
3109	3109	10 with subsection (a), notwithstanding that he has less than
3110	3110	11 20 years of credit for such service.
3111	3111	12 (6) (Blank). The term "Conservation Police Officer"
3112	3112	13 means any person employed by the Division of Law
3113	3113	14 Enforcement of the Department of Natural Resources and
3114	3114	15 vested with such law enforcement duties as render him
3115	3115	16 ineligible for coverage under the Social Security Act by
3116	3116	17 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
3117	3117	18 218(l)(1) of that Act. The term "Conservation Police
3118	3118	19 Officer" includes the positions of Chief Conservation
3119	3119	20 Police Administrator and Assistant Conservation Police
3120	3120	21 Administrator.
3121	3121	22 (7) The term "investigator for the Department of
3122	3122	23 Revenue" means any person employed by the Department of
3123	3123	24 Revenue and vested with such investigative duties as
3124	3124	25 render him ineligible for coverage under the Social
3125	3125	26 Security Act by reason of Sections 218(d)(5)(A),
3126	3126
3127	3127
3128	3128
3129	3129
3130	3130
3131	3131	HB3575 - 87 - LRB103 29826 RLC 56234 b
3132	3132
3133	3133
3134	3134	HB3575- 88 -LRB103 29826 RLC 56234 b HB3575 - 88 - LRB103 29826 RLC 56234 b
3135	3135	HB3575 - 88 - LRB103 29826 RLC 56234 b
3136	3136	1 218(d)(8)(D) and 218(l)(1) of that Act.
3137	3137	2 The term "investigator for the Illinois Gaming Board"
3138	3138	3 means any person employed as such by the Illinois Gaming
3139	3139	4 Board and vested with such peace officer duties as render
3140	3140	5 the person ineligible for coverage under the Social
3141	3141	6 Security Act by reason of Sections 218(d)(5)(A),
3142	3142	7 218(d)(8)(D), and 218(l)(1) of that Act.
3143	3143	8 (8) The term "security employee of the Department of
3144	3144	9 Human Services" means any person employed by the
3145	3145	10 Department of Human Services who (i) is employed at the
3146	3146	11 Chester Mental Health Center and has daily contact with
3147	3147	12 the residents thereof, (ii) is employed within a security
3148	3148	13 unit at a facility operated by the Department and has
3149	3149	14 daily contact with the residents of the security unit,
3150	3150	15 (iii) is employed at a facility operated by the Department
3151	3151	16 that includes a security unit and is regularly scheduled
3152	3152	17 to work at least 50% of his or her working hours within
3153	3153	18 that security unit, or (iv) is a mental health police
3154	3154	19 officer. "Mental health police officer" means any person
3155	3155	20 employed by the Department of Human Services in a position
3156	3156	21 pertaining to the Department's mental health and
3157	3157	22 developmental disabilities functions who is vested with
3158	3158	23 such law enforcement duties as render the person
3159	3159	24 ineligible for coverage under the Social Security Act by
3160	3160	25 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
3161	3161	26 218(l)(1) of that Act. "Security unit" means that portion
3162	3162
3163	3163
3164	3164
3165	3165
3166	3166
3167	3167	HB3575 - 88 - LRB103 29826 RLC 56234 b
3168	3168
3169	3169
3170	3170	HB3575- 89 -LRB103 29826 RLC 56234 b HB3575 - 89 - LRB103 29826 RLC 56234 b
3171	3171	HB3575 - 89 - LRB103 29826 RLC 56234 b
3172	3172	1 of a facility that is devoted to the care, containment,
3173	3173	2 and treatment of persons committed to the Department of
3174	3174	3 Human Services as sexually violent persons, persons unfit
3175	3175	4 to stand trial, or persons not guilty by reason of
3176	3176	5 insanity. With respect to past employment, references to
3177	3177	6 the Department of Human Services include its predecessor,
3178	3178	7 the Department of Mental Health and Developmental
3179	3179	8 Disabilities.
3180	3180	9 The changes made to this subdivision (c)(8) by Public
3181	3181	10 Act 92-14 apply to persons who retire on or after January
3182	3182	11 1, 2001, notwithstanding Section 1-103.1.
3183	3183	12 (9) "Central Management Services security police
3184	3184	13 officer" means any person employed by the Department of
3185	3185	14 Central Management Services who is vested with such law
3186	3186	15 enforcement duties as render him ineligible for coverage
3187	3187	16 under the Social Security Act by reason of Sections
3188	3188	17 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
3189	3189	18 (10) For a member who first became an employee under
3190	3190	19 this Article before July 1, 2005, the term "security
3191	3191	20 employee of the Department of Corrections or the
3192	3192	21 Department of Juvenile Justice" means any employee of the
3193	3193	22 Department of Corrections or the Department of Juvenile
3194	3194	23 Justice or the former Department of Personnel, and any
3195	3195	24 member or employee of the Prisoner Review Board, who has
3196	3196	25 daily contact with inmates or youth by working within a
3197	3197	26 correctional facility or Juvenile facility operated by the
3198	3198
3199	3199
3200	3200
3201	3201
3202	3202
3203	3203	HB3575 - 89 - LRB103 29826 RLC 56234 b
3204	3204
3205	3205
3206	3206	HB3575- 90 -LRB103 29826 RLC 56234 b HB3575 - 90 - LRB103 29826 RLC 56234 b
3207	3207	HB3575 - 90 - LRB103 29826 RLC 56234 b
3208	3208	1 Department of Juvenile Justice or who is a parole officer
3209	3209	2 or an employee who has direct contact with committed
3210	3210	3 persons in the performance of his or her job duties. For a
3211	3211	4 member who first becomes an employee under this Article on
3212	3212	5 or after July 1, 2005, the term means an employee of the
3213	3213	6 Department of Corrections or the Department of Juvenile
3214	3214	7 Justice who is any of the following: (i) officially
3215	3215	8 headquartered at a correctional facility or Juvenile
3216	3216	9 facility operated by the Department of Juvenile Justice,
3217	3217	10 (ii) a parole officer, (iii) a member of the apprehension
3218	3218	11 unit, (iv) a member of the intelligence unit, (v) a member
3219	3219	12 of the sort team, or (vi) an investigator.
3220	3220	13 (11) The term "dangerous drugs investigator" means any
3221	3221	14 person who is employed as such by the Department of Human
3222	3222	15 Services.
3223	3223	16 (12) The term "investigator for the Illinois State
3224	3224	17 Police" means a person employed by the Illinois State
3225	3225	18 Police who is vested under Section 4 of the Narcotic
3226	3226	19 Control Division Abolition Act with such law enforcement
3227	3227	20 powers as render him ineligible for coverage under the
3228	3228	21 Social Security Act by reason of Sections 218(d)(5)(A),
3229	3229	22 218(d)(8)(D) and 218(l)(1) of that Act.
3230	3230	23 (13) "Investigator for the Office of the Attorney
3231	3231	24 General" means any person who is employed as such by the
3232	3232	25 Office of the Attorney General and is vested with such
3233	3233	26 investigative duties as render him ineligible for coverage
3234	3234
3235	3235
3236	3236
3237	3237
3238	3238
3239	3239	HB3575 - 90 - LRB103 29826 RLC 56234 b
3240	3240
3241	3241
3242	3242	HB3575- 91 -LRB103 29826 RLC 56234 b HB3575 - 91 - LRB103 29826 RLC 56234 b
3243	3243	HB3575 - 91 - LRB103 29826 RLC 56234 b
3244	3244	1 under the Social Security Act by reason of Sections
3245	3245	2 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
3246	3246	3 the period before January 1, 1989, the term includes all
3247	3247	4 persons who were employed as investigators by the Office
3248	3248	5 of the Attorney General, without regard to social security
3249	3249	6 status.
3250	3250	7 (14) "Controlled substance inspector" means any person
3251	3251	8 who is employed as such by the Department of Professional
3252	3252	9 Regulation and is vested with such law enforcement duties
3253	3253	10 as render him ineligible for coverage under the Social
3254	3254	11 Security Act by reason of Sections 218(d)(5)(A),
3255	3255	12 218(d)(8)(D) and 218(l)(1) of that Act. The term
3256	3256	13 "controlled substance inspector" includes the Program
3257	3257	14 Executive of Enforcement and the Assistant Program
3258	3258	15 Executive of Enforcement.
3259	3259	16 (15) The term "investigator for the Office of the
3260	3260	17 State's Attorneys Appellate Prosecutor" means a person
3261	3261	18 employed in that capacity on a full-time basis under the
3262	3262	19 authority of Section 7.06 of the State's Attorneys
3263	3263	20 Appellate Prosecutor's Act.
3264	3264	21 (16) "Commerce Commission police officer" means any
3265	3265	22 person employed by the Illinois Commerce Commission who is
3266	3266	23 vested with such law enforcement duties as render him
3267	3267	24 ineligible for coverage under the Social Security Act by
3268	3268	25 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
3269	3269	26 218(l)(1) of that Act.
3270	3270
3271	3271
3272	3272
3273	3273
3274	3274
3275	3275	HB3575 - 91 - LRB103 29826 RLC 56234 b
3276	3276
3277	3277
3278	3278	HB3575- 92 -LRB103 29826 RLC 56234 b HB3575 - 92 - LRB103 29826 RLC 56234 b
3279	3279	HB3575 - 92 - LRB103 29826 RLC 56234 b
3280	3280	1 (17) "Arson investigator" means any person who is
3281	3281	2 employed as such by the Office of the State Fire Marshal
3282	3282	3 and is vested with such law enforcement duties as render
3283	3283	4 the person ineligible for coverage under the Social
3284	3284	5 Security Act by reason of Sections 218(d)(5)(A),
3285	3285	6 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
3286	3286	7 employed as an arson investigator on January 1, 1995 and
3287	3287	8 is no longer in service but not yet receiving a retirement
3288	3288	9 annuity may convert his or her creditable service for
3289	3289	10 employment as an arson investigator into eligible
3290	3290	11 creditable service by paying to the System the difference
3291	3291	12 between the employee contributions actually paid for that
3292	3292	13 service and the amounts that would have been contributed
3293	3293	14 if the applicant were contributing at the rate applicable
3294	3294	15 to persons with the same social security status earning
3295	3295	16 eligible creditable service on the date of application.
3296	3296	17 (18) The term "State highway maintenance worker" means
3297	3297	18 a person who is either of the following:
3298	3298	19 (i) A person employed on a full-time basis by the
3299	3299	20 Illinois Department of Transportation in the position
3300	3300	21 of highway maintainer, highway maintenance lead
3301	3301	22 worker, highway maintenance lead/lead worker, heavy
3302	3302	23 construction equipment operator, power shovel
3303	3303	24 operator, or bridge mechanic; and whose principal
3304	3304	25 responsibility is to perform, on the roadway, the
3305	3305	26 actual maintenance necessary to keep the highways that
3306	3306
3307	3307
3308	3308
3309	3309
3310	3310
3311	3311	HB3575 - 92 - LRB103 29826 RLC 56234 b
3312	3312
3313	3313
3314	3314	HB3575- 93 -LRB103 29826 RLC 56234 b HB3575 - 93 - LRB103 29826 RLC 56234 b
3315	3315	HB3575 - 93 - LRB103 29826 RLC 56234 b
3316	3316	1 form a part of the State highway system in serviceable
3317	3317	2 condition for vehicular traffic.
3318	3318	3 (ii) A person employed on a full-time basis by the
3319	3319	4 Illinois State Toll Highway Authority in the position
3320	3320	5 of equipment operator/laborer H-4, equipment
3321	3321	6 operator/laborer H-6, welder H-4, welder H-6,
3322	3322	7 mechanical/electrical H-4, mechanical/electrical H-6,
3323	3323	8 water/sewer H-4, water/sewer H-6, sign maker/hanger
3324	3324	9 H-4, sign maker/hanger H-6, roadway lighting H-4,
3325	3325	10 roadway lighting H-6, structural H-4, structural H-6,
3326	3326	11 painter H-4, or painter H-6; and whose principal
3327	3327	12 responsibility is to perform, on the roadway, the
3328	3328	13 actual maintenance necessary to keep the Authority's
3329	3329	14 tollways in serviceable condition for vehicular
3330	3330	15 traffic.
3331	3331	16 (19) The term "security employee of the Department of
3332	3332	17 Innovation and Technology" means a person who was a
3333	3333	18 security employee of the Department of Corrections or the
3334	3334	19 Department of Juvenile Justice, was transferred to the
3335	3335	20 Department of Innovation and Technology pursuant to
3336	3336	21 Executive Order 2016-01, and continues to perform similar
3337	3337	22 job functions under that Department.
3338	3338	23 (20) "Transferred employee" means an employee who was
3339	3339	24 transferred to the Department of Central Management
3340	3340	25 Services by Executive Order No. 2003-10 or Executive Order
3341	3341	26 No. 2004-2 or transferred to the Department of Innovation
3342	3342
3343	3343
3344	3344
3345	3345
3346	3346
3347	3347	HB3575 - 93 - LRB103 29826 RLC 56234 b
3348	3348
3349	3349
3350	3350	HB3575- 94 -LRB103 29826 RLC 56234 b HB3575 - 94 - LRB103 29826 RLC 56234 b
3351	3351	HB3575 - 94 - LRB103 29826 RLC 56234 b
3352	3352	1 and Technology by Executive Order No. 2016-1, or both, and
3353	3353	2 was entitled to eligible creditable service for services
3354	3354	3 immediately preceding the transfer.
3355	3355	4 (d) A security employee of the Department of Corrections
3356	3356	5 or the Department of Juvenile Justice, a security employee of
3357	3357	6 the Department of Human Services who is not a mental health
3358	3358	7 police officer, and a security employee of the Department of
3359	3359	8 Innovation and Technology shall not be eligible for the
3360	3360	9 alternative retirement annuity provided by this Section unless
3361	3361	10 he or she meets the following minimum age and service
3362	3362	11 requirements at the time of retirement:
3363	3363	12 (i) 25 years of eligible creditable service and age
3364	3364	13 55; or
3365	3365	14 (ii) beginning January 1, 1987, 25 years of eligible
3366	3366	15 creditable service and age 54, or 24 years of eligible
3367	3367	16 creditable service and age 55; or
3368	3368	17 (iii) beginning January 1, 1988, 25 years of eligible
3369	3369	18 creditable service and age 53, or 23 years of eligible
3370	3370	19 creditable service and age 55; or
3371	3371	20 (iv) beginning January 1, 1989, 25 years of eligible
3372	3372	21 creditable service and age 52, or 22 years of eligible
3373	3373	22 creditable service and age 55; or
3374	3374	23 (v) beginning January 1, 1990, 25 years of eligible
3375	3375	24 creditable service and age 51, or 21 years of eligible
3376	3376	25 creditable service and age 55; or
3377	3377	26 (vi) beginning January 1, 1991, 25 years of eligible
3378	3378
3379	3379
3380	3380
3381	3381
3382	3382
3383	3383	HB3575 - 94 - LRB103 29826 RLC 56234 b
3384	3384
3385	3385
3386	3386	HB3575- 95 -LRB103 29826 RLC 56234 b HB3575 - 95 - LRB103 29826 RLC 56234 b
3387	3387	HB3575 - 95 - LRB103 29826 RLC 56234 b
3388	3388	1 creditable service and age 50, or 20 years of eligible
3389	3389	2 creditable service and age 55.
3390	3390	3 Persons who have service credit under Article 16 of this
3391	3391	4 Code for service as a security employee of the Department of
3392	3392	5 Corrections or the Department of Juvenile Justice, or the
3393	3393	6 Department of Human Services in a position requiring
3394	3394	7 certification as a teacher may count such service toward
3395	3395	8 establishing their eligibility under the service requirements
3396	3396	9 of this Section; but such service may be used only for
3397	3397	10 establishing such eligibility, and not for the purpose of
3398	3398	11 increasing or calculating any benefit.
3399	3399	12 (e) If a member enters military service while working in a
3400	3400	13 position in which eligible creditable service may be earned,
3401	3401	14 and returns to State service in the same or another such
3402	3402	15 position, and fulfills in all other respects the conditions
3403	3403	16 prescribed in this Article for credit for military service,
3404	3404	17 such military service shall be credited as eligible creditable
3405	3405	18 service for the purposes of the retirement annuity prescribed
3406	3406	19 in this Section.
3407	3407	20 (f) For purposes of calculating retirement annuities under
3408	3408	21 this Section, periods of service rendered after December 31,
3409	3409	22 1968 and before October 1, 1975 as a covered employee in the
3410	3410	23 position of special agent, conservation police officer, mental
3411	3411	24 health police officer, or investigator for the Secretary of
3412	3412	25 State, shall be deemed to have been service as a noncovered
3413	3413	26 employee, provided that the employee pays to the System prior
3414	3414
3415	3415
3416	3416
3417	3417
3418	3418
3419	3419	HB3575 - 95 - LRB103 29826 RLC 56234 b
3420	3420
3421	3421
3422	3422	HB3575- 96 -LRB103 29826 RLC 56234 b HB3575 - 96 - LRB103 29826 RLC 56234 b
3423	3423	HB3575 - 96 - LRB103 29826 RLC 56234 b
3424	3424	1 to retirement an amount equal to (1) the difference between
3425	3425	2 the employee contributions that would have been required for
3426	3426	3 such service as a noncovered employee, and the amount of
3427	3427	4 employee contributions actually paid, plus (2) if payment is
3428	3428	5 made after July 31, 1987, regular interest on the amount
3429	3429	6 specified in item (1) from the date of service to the date of
3430	3430	7 payment.
3431	3431	8 For purposes of calculating retirement annuities under
3432	3432	9 this Section, periods of service rendered after December 31,
3433	3433	10 1968 and before January 1, 1982 as a covered employee in the
3434	3434	11 position of investigator for the Department of Revenue shall
3435	3435	12 be deemed to have been service as a noncovered employee,
3436	3436	13 provided that the employee pays to the System prior to
3437	3437	14 retirement an amount equal to (1) the difference between the
3438	3438	15 employee contributions that would have been required for such
3439	3439	16 service as a noncovered employee, and the amount of employee
3440	3440	17 contributions actually paid, plus (2) if payment is made after
3441	3441	18 January 1, 1990, regular interest on the amount specified in
3442	3442	19 item (1) from the date of service to the date of payment.
3443	3443	20 (g) A State policeman may elect, not later than January 1,
3444	3444	21 1990, to establish eligible creditable service for up to 10
3445	3445	22 years of his service as a policeman under Article 3, by filing
3446	3446	23 a written election with the Board, accompanied by payment of
3447	3447	24 an amount to be determined by the Board, equal to (i) the
3448	3448	25 difference between the amount of employee and employer
3449	3449	26 contributions transferred to the System under Section 3-110.5,
3450	3450
3451	3451
3452	3452
3453	3453
3454	3454
3455	3455	HB3575 - 96 - LRB103 29826 RLC 56234 b
3456	3456
3457	3457
3458	3458	HB3575- 97 -LRB103 29826 RLC 56234 b HB3575 - 97 - LRB103 29826 RLC 56234 b
3459	3459	HB3575 - 97 - LRB103 29826 RLC 56234 b
3460	3460	1 and the amounts that would have been contributed had such
3461	3461	2 contributions been made at the rates applicable to State
3462	3462	3 policemen, plus (ii) interest thereon at the effective rate
3463	3463	4 for each year, compounded annually, from the date of service
3464	3464	5 to the date of payment.
3465	3465	6 Subject to the limitation in subsection (i), a State
3466	3466	7 policeman may elect, not later than July 1, 1993, to establish
3467	3467	8 eligible creditable service for up to 10 years of his service
3468	3468	9 as a member of the County Police Department under Article 9, by
3469	3469	10 filing a written election with the Board, accompanied by
3470	3470	11 payment of an amount to be determined by the Board, equal to
3471	3471	12 (i) the difference between the amount of employee and employer
3472	3472	13 contributions transferred to the System under Section 9-121.10
3473	3473	14 and the amounts that would have been contributed had those
3474	3474	15 contributions been made at the rates applicable to State
3475	3475	16 policemen, plus (ii) interest thereon at the effective rate
3476	3476	17 for each year, compounded annually, from the date of service
3477	3477	18 to the date of payment.
3478	3478	19 (h) Subject to the limitation in subsection (i), a State
3479	3479	20 policeman or investigator for the Secretary of State may elect
3480	3480	21 to establish eligible creditable service for up to 12 years of
3481	3481	22 his service as a policeman under Article 5, by filing a written
3482	3482	23 election with the Board on or before January 31, 1992, and
3483	3483	24 paying to the System by January 31, 1994 an amount to be
3484	3484	25 determined by the Board, equal to (i) the difference between
3485	3485	26 the amount of employee and employer contributions transferred
3486	3486
3487	3487
3488	3488
3489	3489
3490	3490
3491	3491	HB3575 - 97 - LRB103 29826 RLC 56234 b
3492	3492
3493	3493
3494	3494	HB3575- 98 -LRB103 29826 RLC 56234 b HB3575 - 98 - LRB103 29826 RLC 56234 b
3495	3495	HB3575 - 98 - LRB103 29826 RLC 56234 b
3496	3496	1 to the System under Section 5-236, and the amounts that would
3497	3497	2 have been contributed had such contributions been made at the
3498	3498	3 rates applicable to State policemen, plus (ii) interest
3499	3499	4 thereon at the effective rate for each year, compounded
3500	3500	5 annually, from the date of service to the date of payment.
3501	3501	6 Subject to the limitation in subsection (i), a State
3502	3502	7 policeman, conservation police officer, or investigator for
3503	3503	8 the Secretary of State may elect to establish eligible
3504	3504	9 creditable service for up to 10 years of service as a sheriff's
3505	3505	10 law enforcement employee under Article 7, by filing a written
3506	3506	11 election with the Board on or before January 31, 1993, and
3507	3507	12 paying to the System by January 31, 1994 an amount to be
3508	3508	13 determined by the Board, equal to (i) the difference between
3509	3509	14 the amount of employee and employer contributions transferred
3510	3510	15 to the System under Section 7-139.7, and the amounts that
3511	3511	16 would have been contributed had such contributions been made
3512	3512	17 at the rates applicable to State policemen, plus (ii) interest
3513	3513	18 thereon at the effective rate for each year, compounded
3514	3514	19 annually, from the date of service to the date of payment.
3515	3515	20 Subject to the limitation in subsection (i), a State
3516	3516	21 policeman, conservation police officer, or investigator for
3517	3517	22 the Secretary of State may elect to establish eligible
3518	3518	23 creditable service for up to 5 years of service as a police
3519	3519	24 officer under Article 3, a policeman under Article 5, a
3520	3520	25 sheriff's law enforcement employee under Article 7, a member
3521	3521	26 of the county police department under Article 9, or a police
3522	3522
3523	3523
3524	3524
3525	3525
3526	3526
3527	3527	HB3575 - 98 - LRB103 29826 RLC 56234 b
3528	3528
3529	3529
3530	3530	HB3575- 99 -LRB103 29826 RLC 56234 b HB3575 - 99 - LRB103 29826 RLC 56234 b
3531	3531	HB3575 - 99 - LRB103 29826 RLC 56234 b
3532	3532	1 officer under Article 15 by filing a written election with the
3533	3533	2 Board and paying to the System an amount to be determined by
3534	3534	3 the Board, equal to (i) the difference between the amount of
3535	3535	4 employee and employer contributions transferred to the System
3536	3536	5 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
3537	3537	6 and the amounts that would have been contributed had such
3538	3538	7 contributions been made at the rates applicable to State
3539	3539	8 policemen, plus (ii) interest thereon at the effective rate
3540	3540	9 for each year, compounded annually, from the date of service
3541	3541	10 to the date of payment.
3542	3542	11 Subject to the limitation in subsection (i), an
3543	3543	12 investigator for the Office of the Attorney General, or an
3544	3544	13 investigator for the Department of Revenue, may elect to
3545	3545	14 establish eligible creditable service for up to 5 years of
3546	3546	15 service as a police officer under Article 3, a policeman under
3547	3547	16 Article 5, a sheriff's law enforcement employee under Article
3548	3548	17 7, or a member of the county police department under Article 9
3549	3549	18 by filing a written election with the Board within 6 months
3550	3550	19 after August 25, 2009 (the effective date of Public Act
3551	3551	20 96-745) and paying to the System an amount to be determined by
3552	3552	21 the Board, equal to (i) the difference between the amount of
3553	3553	22 employee and employer contributions transferred to the System
3554	3554	23 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
3555	3555	24 amounts that would have been contributed had such
3556	3556	25 contributions been made at the rates applicable to State
3557	3557	26 policemen, plus (ii) interest thereon at the actuarially
3558	3558
3559	3559
3560	3560
3561	3561
3562	3562
3563	3563	HB3575 - 99 - LRB103 29826 RLC 56234 b
3564	3564
3565	3565
3566	3566	HB3575- 100 -LRB103 29826 RLC 56234 b HB3575 - 100 - LRB103 29826 RLC 56234 b
3567	3567	HB3575 - 100 - LRB103 29826 RLC 56234 b
3568	3568	1 assumed rate for each year, compounded annually, from the date
3569	3569	2 of service to the date of payment.
3570	3570	3 Subject to the limitation in subsection (i), a State
3571	3571	4 policeman, conservation police officer, investigator for the
3572	3572	5 Office of the Attorney General, an investigator for the
3573	3573	6 Department of Revenue, or investigator for the Secretary of
3574	3574	7 State may elect to establish eligible creditable service for
3575	3575	8 up to 5 years of service as a person employed by a
3576	3576	9 participating municipality to perform police duties, or law
3577	3577	10 enforcement officer employed on a full-time basis by a forest
3578	3578	11 preserve district under Article 7, a county corrections
3579	3579	12 officer, or a court services officer under Article 9, by
3580	3580	13 filing a written election with the Board within 6 months after
3581	3581	14 August 25, 2009 (the effective date of Public Act 96-745) and
3582	3582	15 paying to the System an amount to be determined by the Board,
3583	3583	16 equal to (i) the difference between the amount of employee and
3584	3584	17 employer contributions transferred to the System under
3585	3585	18 Sections 7-139.8 and 9-121.10 and the amounts that would have
3586	3586	19 been contributed had such contributions been made at the rates
3587	3587	20 applicable to State policemen, plus (ii) interest thereon at
3588	3588	21 the actuarially assumed rate for each year, compounded
3589	3589	22 annually, from the date of service to the date of payment.
3590	3590	23 Subject to the limitation in subsection (i), a State
3591	3591	24 policeman, arson investigator, or Commerce Commission police
3592	3592	25 officer may elect to establish eligible creditable service for
3593	3593	26 up to 5 years of service as a person employed by a
3594	3594
3595	3595
3596	3596
3597	3597
3598	3598
3599	3599	HB3575 - 100 - LRB103 29826 RLC 56234 b
3600	3600
3601	3601
3602	3602	HB3575- 101 -LRB103 29826 RLC 56234 b HB3575 - 101 - LRB103 29826 RLC 56234 b
3603	3603	HB3575 - 101 - LRB103 29826 RLC 56234 b
3604	3604	1 participating municipality to perform police duties under
3605	3605	2 Article 7, a county corrections officer, a court services
3606	3606	3 officer under Article 9, or a firefighter under Article 4 by
3607	3607	4 filing a written election with the Board within 6 months after
3608	3608	5 July 30, 2021 (the effective date of Public Act 102-210) and
3609	3609	6 paying to the System an amount to be determined by the Board
3610	3610	7 equal to (i) the difference between the amount of employee and
3611	3611	8 employer contributions transferred to the System under
3612	3612	9 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
3613	3613	10 would have been contributed had such contributions been made
3614	3614	11 at the rates applicable to State policemen, plus (ii) interest
3615	3615	12 thereon at the actuarially assumed rate for each year,
3616	3616	13 compounded annually, from the date of service to the date of
3617	3617	14 payment.
3618	3618	15 Subject to the limitation in subsection (i), a
3619	3619	16 conservation police officer may elect to establish eligible
3620	3620	17 creditable service for up to 5 years of service as a person
3621	3621	18 employed by a participating municipality to perform police
3622	3622	19 duties under Article 7, a county corrections officer, or a
3623	3623	20 court services officer under Article 9 by filing a written
3624	3624	21 election with the Board within 6 months after July 30, 2021
3625	3625	22 (the effective date of Public Act 102-210) and paying to the
3626	3626	23 System an amount to be determined by the Board equal to (i) the
3627	3627	24 difference between the amount of employee and employer
3628	3628	25 contributions transferred to the System under Sections 7-139.8
3629	3629	26 and 9-121.10 and the amounts that would have been contributed
3630	3630
3631	3631
3632	3632
3633	3633
3634	3634
3635	3635	HB3575 - 101 - LRB103 29826 RLC 56234 b
3636	3636
3637	3637
3638	3638	HB3575- 102 -LRB103 29826 RLC 56234 b HB3575 - 102 - LRB103 29826 RLC 56234 b
3639	3639	HB3575 - 102 - LRB103 29826 RLC 56234 b
3640	3640	1 had such contributions been made at the rates applicable to
3641	3641	2 State policemen, plus (ii) interest thereon at the actuarially
3642	3642	3 assumed rate for each year, compounded annually, from the date
3643	3643	4 of service to the date of payment.
3644	3644	5 Notwithstanding the limitation in subsection (i), a State
3645	3645	6 policeman or conservation police officer may elect to convert
3646	3646	7 service credit earned under this Article to eligible
3647	3647	8 creditable service, as defined by this Section, by filing a
3648	3648	9 written election with the board within 6 months after July 30,
3649	3649	10 2021 (the effective date of Public Act 102-210) and paying to
3650	3650	11 the System an amount to be determined by the Board equal to (i)
3651	3651	12 the difference between the amount of employee contributions
3652	3652	13 originally paid for that service and the amounts that would
3653	3653	14 have been contributed had such contributions been made at the
3654	3654	15 rates applicable to State policemen, plus (ii) the difference
3655	3655	16 between the employer's normal cost of the credit prior to the
3656	3656	17 conversion authorized by Public Act 102-210 and the employer's
3657	3657	18 normal cost of the credit converted in accordance with Public
3658	3658	19 Act 102-210, plus (iii) interest thereon at the actuarially
3659	3659	20 assumed rate for each year, compounded annually, from the date
3660	3660	21 of service to the date of payment.
3661	3661	22 (i) The total amount of eligible creditable service
3662	3662	23 established by any person under subsections (g), (h), (j),
3663	3663	24 (k), (l), (l-5), (o), and (p) of this Section shall not exceed
3664	3664	25 12 years.
3665	3665	26 (j) Subject to the limitation in subsection (i), an
3666	3666
3667	3667
3668	3668
3669	3669
3670	3670
3671	3671	HB3575 - 102 - LRB103 29826 RLC 56234 b
3672	3672
3673	3673
3674	3674	HB3575- 103 -LRB103 29826 RLC 56234 b HB3575 - 103 - LRB103 29826 RLC 56234 b
3675	3675	HB3575 - 103 - LRB103 29826 RLC 56234 b
3676	3676	1 investigator for the Office of the State's Attorneys Appellate
3677	3677	2 Prosecutor or a controlled substance inspector may elect to
3678	3678	3 establish eligible creditable service for up to 10 years of
3679	3679	4 his service as a policeman under Article 3 or a sheriff's law
3680	3680	5 enforcement employee under Article 7, by filing a written
3681	3681	6 election with the Board, accompanied by payment of an amount
3682	3682	7 to be determined by the Board, equal to (1) the difference
3683	3683	8 between the amount of employee and employer contributions
3684	3684	9 transferred to the System under Section 3-110.6 or 7-139.8,
3685	3685	10 and the amounts that would have been contributed had such
3686	3686	11 contributions been made at the rates applicable to State
3687	3687	12 policemen, plus (2) interest thereon at the effective rate for
3688	3688	13 each year, compounded annually, from the date of service to
3689	3689	14 the date of payment.
3690	3690	15 (k) Subject to the limitation in subsection (i) of this
3691	3691	16 Section, an alternative formula employee may elect to
3692	3692	17 establish eligible creditable service for periods spent as a
3693	3693	18 full-time law enforcement officer or full-time corrections
3694	3694	19 officer employed by the federal government or by a state or
3695	3695	20 local government located outside of Illinois, for which credit
3696	3696	21 is not held in any other public employee pension fund or
3697	3697	22 retirement system. To obtain this credit, the applicant must
3698	3698	23 file a written application with the Board by March 31, 1998,
3699	3699	24 accompanied by evidence of eligibility acceptable to the Board
3700	3700	25 and payment of an amount to be determined by the Board, equal
3701	3701	26 to (1) employee contributions for the credit being
3702	3702
3703	3703
3704	3704
3705	3705
3706	3706
3707	3707	HB3575 - 103 - LRB103 29826 RLC 56234 b
3708	3708
3709	3709
3710	3710	HB3575- 104 -LRB103 29826 RLC 56234 b HB3575 - 104 - LRB103 29826 RLC 56234 b
3711	3711	HB3575 - 104 - LRB103 29826 RLC 56234 b
3712	3712	1 established, based upon the applicant's salary on the first
3713	3713	2 day as an alternative formula employee after the employment
3714	3714	3 for which credit is being established and the rates then
3715	3715	4 applicable to alternative formula employees, plus (2) an
3716	3716	5 amount determined by the Board to be the employer's normal
3717	3717	6 cost of the benefits accrued for the credit being established,
3718	3718	7 plus (3) regular interest on the amounts in items (1) and (2)
3719	3719	8 from the first day as an alternative formula employee after
3720	3720	9 the employment for which credit is being established to the
3721	3721	10 date of payment.
3722	3722	11 (l) Subject to the limitation in subsection (i), a
3723	3723	12 security employee of the Department of Corrections may elect,
3724	3724	13 not later than July 1, 1998, to establish eligible creditable
3725	3725	14 service for up to 10 years of his or her service as a policeman
3726	3726	15 under Article 3, by filing a written election with the Board,
3727	3727	16 accompanied by payment of an amount to be determined by the
3728	3728	17 Board, equal to (i) the difference between the amount of
3729	3729	18 employee and employer contributions transferred to the System
3730	3730	19 under Section 3-110.5, and the amounts that would have been
3731	3731	20 contributed had such contributions been made at the rates
3732	3732	21 applicable to security employees of the Department of
3733	3733	22 Corrections, plus (ii) interest thereon at the effective rate
3734	3734	23 for each year, compounded annually, from the date of service
3735	3735	24 to the date of payment.
3736	3736	25 (l-5) Subject to the limitation in subsection (i) of this
3737	3737	26 Section, a State policeman may elect to establish eligible
3738	3738
3739	3739
3740	3740
3741	3741
3742	3742
3743	3743	HB3575 - 104 - LRB103 29826 RLC 56234 b
3744	3744
3745	3745
3746	3746	HB3575- 105 -LRB103 29826 RLC 56234 b HB3575 - 105 - LRB103 29826 RLC 56234 b
3747	3747	HB3575 - 105 - LRB103 29826 RLC 56234 b
3748	3748	1 creditable service for up to 5 years of service as a full-time
3749	3749	2 law enforcement officer employed by the federal government or
3750	3750	3 by a state or local government located outside of Illinois for
3751	3751	4 which credit is not held in any other public employee pension
3752	3752	5 fund or retirement system. To obtain this credit, the
3753	3753	6 applicant must file a written application with the Board no
3754	3754	7 later than 3 years after January 1, 2020 (the effective date of
3755	3755	8 Public Act 101-610), accompanied by evidence of eligibility
3756	3756	9 acceptable to the Board and payment of an amount to be
3757	3757	10 determined by the Board, equal to (1) employee contributions
3758	3758	11 for the credit being established, based upon the applicant's
3759	3759	12 salary on the first day as an alternative formula employee
3760	3760	13 after the employment for which credit is being established and
3761	3761	14 the rates then applicable to alternative formula employees,
3762	3762	15 plus (2) an amount determined by the Board to be the employer's
3763	3763	16 normal cost of the benefits accrued for the credit being
3764	3764	17 established, plus (3) regular interest on the amounts in items
3765	3765	18 (1) and (2) from the first day as an alternative formula
3766	3766	19 employee after the employment for which credit is being
3767	3767	20 established to the date of payment.
3768	3768	21 (m) The amendatory changes to this Section made by Public
3769	3769	22 Act 94-696 apply only to: (1) security employees of the
3770	3770	23 Department of Juvenile Justice employed by the Department of
3771	3771	24 Corrections before June 1, 2006 (the effective date of Public
3772	3772	25 Act 94-696) and transferred to the Department of Juvenile
3773	3773	26 Justice by Public Act 94-696; and (2) persons employed by the
3774	3774
3775	3775
3776	3776
3777	3777
3778	3778
3779	3779	HB3575 - 105 - LRB103 29826 RLC 56234 b
3780	3780
3781	3781
3782	3782	HB3575- 106 -LRB103 29826 RLC 56234 b HB3575 - 106 - LRB103 29826 RLC 56234 b
3783	3783	HB3575 - 106 - LRB103 29826 RLC 56234 b
3784	3784	1 Department of Juvenile Justice on or after June 1, 2006 (the
3785	3785	2 effective date of Public Act 94-696) who are required by
3786	3786	3 subsection (b) of Section 3-2.5-15 of the Unified Code of
3787	3787	4 Corrections to have any bachelor's or advanced degree from an
3788	3788	5 accredited college or university or, in the case of persons
3789	3789	6 who provide vocational training, who are required to have
3790	3790	7 adequate knowledge in the skill for which they are providing
3791	3791	8 the vocational training.
3792	3792	9 (n) A person employed in a position under subsection (b)
3793	3793	10 of this Section who has purchased service credit under
3794	3794	11 subsection (j) of Section 14-104 or subsection (b) of Section
3795	3795	12 14-105 in any other capacity under this Article may convert up
3796	3796	13 to 5 years of that service credit into service credit covered
3797	3797	14 under this Section by paying to the Fund an amount equal to (1)
3798	3798	15 the additional employee contribution required under Section
3799	3799	16 14-133, plus (2) the additional employer contribution required
3800	3800	17 under Section 14-131, plus (3) interest on items (1) and (2) at
3801	3801	18 the actuarially assumed rate from the date of the service to
3802	3802	19 the date of payment.
3803	3803	20 (o) Subject to the limitation in subsection (i), a
3804	3804	21 conservation police officer, investigator for the Secretary of
3805	3805	22 State, Commerce Commission police officer, investigator for
3806	3806	23 the Department of Revenue or the Illinois Gaming Board, or
3807	3807	24 arson investigator subject to subsection (g) of Section 1-160
3808	3808	25 may elect to convert up to 8 years of service credit
3809	3809	26 established before January 1, 2020 (the effective date of
3810	3810
3811	3811
3812	3812
3813	3813
3814	3814
3815	3815	HB3575 - 106 - LRB103 29826 RLC 56234 b
3816	3816
3817	3817
3818	3818	HB3575- 107 -LRB103 29826 RLC 56234 b HB3575 - 107 - LRB103 29826 RLC 56234 b
3819	3819	HB3575 - 107 - LRB103 29826 RLC 56234 b
3820	3820	1 Public Act 101-610) as a conservation police officer,
3821	3821	2 investigator for the Secretary of State, Commerce Commission
3822	3822	3 police officer, investigator for the Department of Revenue or
3823	3823	4 the Illinois Gaming Board, or arson investigator under this
3824	3824	5 Article into eligible creditable service by filing a written
3825	3825	6 election with the Board no later than one year after January 1,
3826	3826	7 2020 (the effective date of Public Act 101-610), accompanied
3827	3827	8 by payment of an amount to be determined by the Board equal to
3828	3828	9 (i) the difference between the amount of the employee
3829	3829	10 contributions actually paid for that service and the amount of
3830	3830	11 the employee contributions that would have been paid had the
3831	3831	12 employee contributions been made as a noncovered employee
3832	3832	13 serving in a position in which eligible creditable service, as
3833	3833	14 defined in this Section, may be earned, plus (ii) interest
3834	3834	15 thereon at the effective rate for each year, compounded
3835	3835	16 annually, from the date of service to the date of payment.
3836	3836	17 (p) Subject to the limitation in subsection (i), an
3837	3837	18 investigator for the Office of the Attorney General subject to
3838	3838	19 subsection (g) of Section 1-160 may elect to convert up to 8
3839	3839	20 years of service credit established before the effective date
3840	3840	21 of this amendatory Act of the 102nd General Assembly as an
3841	3841	22 investigator for the Office of the Attorney General under this
3842	3842	23 Article into eligible creditable service by filing a written
3843	3843	24 election with the Board no later than one year after the
3844	3844	25 effective date of this amendatory Act of the 102nd General
3845	3845	26 Assembly, accompanied by payment of an amount to be determined
3846	3846
3847	3847
3848	3848
3849	3849
3850	3850
3851	3851	HB3575 - 107 - LRB103 29826 RLC 56234 b
3852	3852
3853	3853
3854	3854	HB3575- 108 -LRB103 29826 RLC 56234 b HB3575 - 108 - LRB103 29826 RLC 56234 b
3855	3855	HB3575 - 108 - LRB103 29826 RLC 56234 b
3856	3856	1 by the Board equal to (i) the difference between the amount of
3857	3857	2 the employee contributions actually paid for that service and
3858	3858	3 the amount of the employee contributions that would have been
3859	3859	4 paid had the employee contributions been made as a noncovered
3860	3860	5 employee serving in a position in which eligible creditable
3861	3861	6 service, as defined in this Section, may be earned, plus (ii)
3862	3862	7 interest thereon at the effective rate for each year,
3863	3863	8 compounded annually, from the date of service to the date of
3864	3864	9 payment.
3865	3865	10 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
3866	3866	11 102-538, eff. 8-20-21; 102-956, eff. 5-27-22.)
3867	3867	12 (40 ILCS 5/15-134.4) (from Ch. 108 1/2, par. 15-134.4)
3868	3868	13 Sec. 15-134.4. Transfer of creditable service to an
3869	3869	14 Article 3 pension fund, the Article 5 Pension Fund, or the
3870	3870	15 Article 14 System.
3871	3871	16 (a) An active member of the Pension Fund established under
3872	3872	17 Article 5 of this Code may apply, not later than January 1,
3873	3873	18 1990, to transfer his or her credits and creditable service
3874	3874	19 accumulated under this System for service with the City
3875	3875	20 Colleges of Chicago teaching in the Criminal Justice Program,
3876	3876	21 to the Article 5 Fund. Such credits and creditable service
3877	3877	22 shall be transferred forthwith.
3878	3878	23 Payment by this System to the Article 5 Fund shall be made
3879	3879	24 at the same time and shall consist of:
3880	3880	25 (1) the amounts credited to the applicant for such
3881	3881
3882	3882
3883	3883
3884	3884
3885	3885
3886	3886	HB3575 - 108 - LRB103 29826 RLC 56234 b
3887	3887
3888	3888
3889	3889	HB3575- 109 -LRB103 29826 RLC 56234 b HB3575 - 109 - LRB103 29826 RLC 56234 b
3890	3890	HB3575 - 109 - LRB103 29826 RLC 56234 b
3891	3891	1 service through employee contributions, including
3892	3892	2 interest, as of the date of transfer; and
3893	3893	3 (2) employer contributions equal in amount to the
3894	3894	4 accumulated employee contributions as determined in item
3895	3895	5 (1).
3896	3896	6 Participation in this System with respect to such credits
3897	3897	7 shall terminate on the date of transfer.
3898	3898	8 (b) Any active member of the State Employees' Retirement
3899	3899	9 System who is a State policeman or , an investigator for the
3900	3900	10 Secretary of State, or a conservation police officer, and who
3901	3901	11 is not a participating employee in this System, may apply for
3902	3902	12 transfer of some or all of his or her creditable service
3903	3903	13 accumulated in this System for service as a police officer to
3904	3904	14 the State Employees' Retirement System in accordance with
3905	3905	15 Section 14-110. The creditable service shall be transferred
3906	3906	16 only upon payment by this System to the State Employees'
3907	3907	17 Retirement System of an amount equal to:
3908	3908	18 (1) the amounts accumulated to the credit of the
3909	3909	19 applicant for the service to be transferred, including
3910	3910	20 interest, as of the date of transfer, and any interest
3911	3911	21 paid by the applicant to reinstate such service; and
3912	3912	22 (2) employer contributions equal in amount to the
3913	3913	23 accumulated employee contributions as determined in item
3914	3914	24 (1).
3915	3915	25 Participation in this System as to any credits transferred
3916	3916	26 under this Section shall terminate on the date of transfer.
3917	3917
3918	3918
3919	3919
3920	3920
3921	3921
3922	3922	HB3575 - 109 - LRB103 29826 RLC 56234 b
3923	3923
3924	3924
3925	3925	HB3575- 110 -LRB103 29826 RLC 56234 b HB3575 - 110 - LRB103 29826 RLC 56234 b
3926	3926	HB3575 - 110 - LRB103 29826 RLC 56234 b
3927	3927	1 (c) Any person applying to transfer service under
3928	3928	2 subsection (b) may reinstate credits and creditable service
3929	3929	3 terminated upon receipt of a refund by paying to the System the
3930	3930	4 amount of the refund plus interest thereon at the rate of 6%
3931	3931	5 per year from the date of the refund to the date of payment.
3932	3932	6 (d) No later than June 30, 2023, any active member of a
3933	3933	7 pension fund established under Article 3 of this Code who is
3934	3934	8 not a participating employee in this System may apply for
3935	3935	9 transfer of some or all of his or her creditable service
3936	3936	10 accumulated in this System for service as a police officer to
3937	3937	11 that Article 3 pension fund in accordance with Section
3938	3938	12 3-110.13. The creditable service shall be transferred only
3939	3939	13 upon payment by this System to that Article 3 pension fund of
3940	3940	14 an amount equal to:
3941	3941	15 (1) the amounts accumulated to the credit of the
3942	3942	16 applicant for the service to be transferred, including
3943	3943	17 interest, as of the date of transfer, and any interest
3944	3944	18 paid by the applicant to reinstate such service; and
3945	3945	19 (2) employer contributions equal in amount to the
3946	3946	20 accumulated employee contributions as determined in item
3947	3947	21 (1).
3948	3948	22 Participation in this System as to any credits transferred
3949	3949	23 under this Section shall terminate on the date of transfer.
3950	3950	24 (e) An application to transfer credits and creditable
3951	3951	25 service under this Section shall be irrevocable.
3952	3952	26 (Source: P.A. 102-1061, eff. 1-1-23.)
3953	3953
3954	3954
3955	3955
3956	3956
3957	3957
3958	3958	HB3575 - 110 - LRB103 29826 RLC 56234 b
3959	3959
3960	3960
3961	3961	HB3575- 111 -LRB103 29826 RLC 56234 b HB3575 - 111 - LRB103 29826 RLC 56234 b
3962	3962	HB3575 - 111 - LRB103 29826 RLC 56234 b
3963	3963	1 Section 60. The Public Utilities Act is amended by
3964	3964	2 changing Section 2-101 and by adding Section 2-104.5 as
3965	3965	3 follows:
3966	3966	4 (220 ILCS 5/2-101) (from Ch. 111 2/3, par. 2-101)
3967	3967	5 Sec. 2-101. Commerce Commission created. There is created
3968	3968	6 an Illinois Commerce Commission consisting of 5 members not
3969	3969	7 more than 3 of whom shall be members of the same political
3970	3970	8 party at the time of appointment. The Governor shall appoint
3971	3971	9 the members of such Commission by and with the advice and
3972	3972	10 consent of the Senate. In case of a vacancy in such office
3973	3973	11 during the recess of the Senate the Governor shall make a
3974	3974	12 temporary appointment until the next meeting of the Senate,
3975	3975	13 when he shall nominate some person to fill such office; and any
3976	3976	14 person so nominated who is confirmed by the Senate, shall hold
3977	3977	15 his office during the remainder of the term and until his
3978	3978	16 successor shall be appointed and qualified. Each member of the
3979	3979	17 Commission shall hold office for a term of 5 years from the
3980	3980	18 third Monday in January of the year in which his predecessor's
3981	3981	19 term expires.
3982	3982	20 Notwithstanding any provision of this Section to the
3983	3983	21 contrary, the term of office of each member of the Commission
3984	3984	22 is terminated on the effective date of this amendatory Act of
3985	3985	23 1995, but the incumbent members shall continue to exercise all
3986	3986	24 of the powers and be subject to all of the duties of members of
3987	3987
3988	3988
3989	3989
3990	3990
3991	3991
3992	3992	HB3575 - 111 - LRB103 29826 RLC 56234 b
3993	3993
3994	3994
3995	3995	HB3575- 112 -LRB103 29826 RLC 56234 b HB3575 - 112 - LRB103 29826 RLC 56234 b
3996	3996	HB3575 - 112 - LRB103 29826 RLC 56234 b
3997	3997	1 the Commission until their respective successors are appointed
3998	3998	2 and qualified. Of the members initially appointed under the
3999	3999	3 provisions of this amendatory Act of 1995, one member shall be
4000	4000	4 appointed for a term of office which shall expire on the third
4001	4001	5 Monday of January, 1997; 2 members shall be appointed for
4002	4002	6 terms of office which shall expire on the third Monday of
4003	4003	7 January, 1998; one member shall be appointed for a term of
4004	4004	8 office which shall expire on the third Monday of January,
4005	4005	9 1999; and one member shall be appointed for a term of office
4006	4006	10 which shall expire on the third Monday of January, 2000. Each
4007	4007	11 respective successor shall be appointed for a term of 5 years
4008	4008	12 from the third Monday of January of the year in which his
4009	4009	13 predecessor's term expires in accordance with the provisions
4010	4010	14 of the first paragraph of this Section.
4011	4011	15 Each member shall serve until his successor is appointed
4012	4012	16 and qualified, except that if the Senate refuses to consent to
4013	4013	17 the appointment of any member, such office shall be deemed
4014	4014	18 vacant, and within 2 weeks of the date the Senate refuses to
4015	4015	19 consent to the reappointment of any member, such member shall
4016	4016	20 vacate such office. The Governor shall from time to time
4017	4017	21 designate the member of the Commission who shall be its
4018	4018	22 chairman. Consistent with the provisions of this Act, the
4019	4019	23 Chairman shall be the chief executive officer of the
4020	4020	24 Commission for the purpose of ensuring that the Commission's
4021	4021	25 policies are properly executed.
4022	4022	26 If there is no vacancy on the Commission, 4 members of the
4023	4023
4024	4024
4025	4025
4026	4026
4027	4027
4028	4028	HB3575 - 112 - LRB103 29826 RLC 56234 b
4029	4029
4030	4030
4031	4031	HB3575- 113 -LRB103 29826 RLC 56234 b HB3575 - 113 - LRB103 29826 RLC 56234 b
4032	4032	HB3575 - 113 - LRB103 29826 RLC 56234 b
4033	4033	1 Commission shall constitute a quorum to transact business;
4034	4034	2 otherwise, a majority of the Commission shall constitute a
4035	4035	3 quorum to transact business, and no vacancy shall impair the
4036	4036	4 right of the remaining commissioners to exercise all of the
4037	4037	5 powers of the Commission. Every finding, order, or decision
4038	4038	6 approved by a majority of the members of the Commission shall
4039	4039	7 be deemed to be the finding, order, or decision of the
4040	4040	8 Commission.
4041	4041	9 The Commission may enter into an intergovernmental
4042	4042	10 agreement with the Illinois State Police regarding the
4043	4043	11 abolition of the Illinois Commerce Commission Police Force
4044	4044	12 under this amendatory Act of the 103rd General Assembly. The
4045	4045	13 intergovernmental agreement shall provide: (1) for the
4046	4046	14 transfer of the operational budget of the Illinois Commerce
4047	4047	15 Commission Police Force to the Illinois State Police; (2) for
4048	4048	16 division of appropriate enforcement and investigatory
4049	4049	17 functions between the Illinois Commerce Commission and the
4050	4050	18 Illinois State Police; (3) that the Illinois Commerce
4051	4051	19 Commission shall provide administrative and other support to
4052	4052	20 the Illinois State Police in the carrying out of the
4053	4053	21 transferred enforcement and investigatory functions; and (4)
4054	4054	22 for any other relevant matter related to the transfer of the
4055	4055	23 Illinois Commerce Commission Police Force to the Illinois
4056	4056	24 State Police.
4057	4057	25 (Source: P.A. 92-22, eff. 6-30-01.)
4058	4058
4059	4059
4060	4060
4061	4061
4062	4062
4063	4063	HB3575 - 113 - LRB103 29826 RLC 56234 b
4064	4064
4065	4065
4066	4066	HB3575- 114 -LRB103 29826 RLC 56234 b HB3575 - 114 - LRB103 29826 RLC 56234 b
4067	4067	HB3575 - 114 - LRB103 29826 RLC 56234 b
4068	4068	1 (220 ILCS 5/2-104.5 new)
4069	4069	2 Sec. 2-104.5. Illinois Commerce Commission Police Force
4070	4070	3 abolished; transfer of powers and duties.
4071	4071	4 (a) On and after the effective date of this amendatory Act
4072	4072	5 of the 103rd General Assembly, the Illinois Commerce
4073	4073	6 Commission Police Force is abolished and all powers, duties,
4074	4074	7 rights, and responsibilities of the Illinois Commerce
4075	4075	8 Commission Police Force shall be transferred to the Illinois
4076	4076	9 State Police. The powers, duties, rights, and responsibilities
4077	4077	10 related to the functions of the Illinois Commerce Commission
4078	4078	11 Police Force transferred under this amendatory Act of the
4079	4079	12 103rd General Assembly shall be vested in and shall be
4080	4080	13 exercised by the Illinois State Police. The Illinois State
4081	4081	14 Police shall assume all enforcement duties held currently by
4082	4082	15 the Illinois Commerce Commission Police Force. On and after
4083	4083	16 the effective date of this amendatory Act of the 103rd General
4084	4084	17 Assembly, the Illinois Commerce Commission is prohibited from
4085	4085	18 hiring additional Illinois Commerce Commission Police
4086	4086	19 Officers.
4087	4087	20 (b) Illinois Commerce Commission Police Officers within
4088	4088	21 the Illinois Commerce Commission who are engaged in the
4089	4089	22 performance of functions transferred to the Illinois State
4090	4090	23 Police under this amendatory Act of the 103rd General Assembly
4091	4091	24 are transferred to and shall continue their service within the
4092	4092	25 Illinois State Police. The status and rights of those
4093	4093	26 employees under the Personnel Code shall not be affected by
4094	4094
4095	4095
4096	4096
4097	4097
4098	4098
4099	4099	HB3575 - 114 - LRB103 29826 RLC 56234 b
4100	4100
4101	4101
4102	4102	HB3575- 115 -LRB103 29826 RLC 56234 b HB3575 - 115 - LRB103 29826 RLC 56234 b
4103	4103	HB3575 - 115 - LRB103 29826 RLC 56234 b
4104	4104	1 this amendatory Act of the 103rd General Assembly. The rights
4105	4105	2 of the employees and the State of Illinois and its agencies
4106	4106	3 under the Personnel Code and applicable collective bargaining
4107	4107	4 agreements or under any pension, retirement, or annuity plan,
4108	4108	5 shall not be affected by this amendatory Act of the 103rd
4109	4109	6 General Assembly. Current Illinois Commerce Police Officers'
4110	4110	7 salaries shall remain at the rate in effect on the effective
4111	4111	8 date of this amendatory Act of the 103rd General Assembly,
4112	4112	9 until an applicable collective bargaining agreement is
4113	4113	10 adopted.
4114	4114	11 (c) All books, records, papers, documents, and equipment
4115	4115	12 related to the responsibilities transferred to the Illinois
4116	4116	13 State Police under this amendatory Act of the 103rd General
4117	4117	14 Assembly, including, but not limited to, material in
4118	4118	15 electronic or magnetic format and necessary computer hardware
4119	4119	16 and software, shall be transferred to the Illinois State
4120	4120	17 Police.
4121	4121	18 (d) All unexpended appropriations and balances and other
4122	4122	19 funds available for use by the Illinois Commerce Commission
4123	4123	20 Police Force shall be transferred for use by the Illinois
4124	4124	21 State Police in accordance with this amendatory Act of the
4125	4125	22 103rd General Assembly. Unexpended balances so transferred
4126	4126	23 shall be expended by the Illinois State Police only for the
4127	4127	24 purpose for which the appropriations were originally made.
4128	4128	25 (e) Any rules of the Illinois Commerce Commission that
4129	4129	26 relate to its powers, duties, rights, and responsibilities
4130	4130
4131	4131
4132	4132
4133	4133
4134	4134
4135	4135	HB3575 - 115 - LRB103 29826 RLC 56234 b
4136	4136
4137	4137
4138	4138	HB3575- 116 -LRB103 29826 RLC 56234 b HB3575 - 116 - LRB103 29826 RLC 56234 b
4139	4139	HB3575 - 116 - LRB103 29826 RLC 56234 b
4140	4140	1 with respect to functions transferred to the Illinois State
4141	4141	2 Police by this amendatory Act of the 103rd General Assembly
4142	4142	3 and which are in full force on the effective date of this
4143	4143	4 amendatory Act of the 103rd General Assembly shall become the
4144	4144	5 rules of the Illinois State Police. This amendatory Act of the
4145	4145	6 103rd General Assembly does not affect the legality of any of
4146	4146	7 those rules in the Illinois Administrative Code. Any proposed
4147	4147	8 rule filed with the Secretary of State by the Illinois
4148	4148	9 Commerce Commission that is pending in the rulemaking process
4149	4149	10 on the effective date of this amendatory Act of the 103rd
4150	4150	11 General Assembly and pertain to the powers, duties, rights,
4151	4151	12 and responsibilities transferred, shall be deemed to have been
4152	4152	13 filed by the Illinois State Police. As soon as practicable
4153	4153	14 hereafter, the Illinois State Police shall revise and clarify
4154	4154	15 the rules transferred to it under this amendatory Act of the
4155	4155	16 103rd General Assembly to reflect the reorganization of
4156	4156	17 powers, duties, rights, and responsibilities affected by this
4157	4157	18 amendatory Act of the 103rd General Assembly, using the
4158	4158	19 procedures for recodification of rules available under the
4159	4159	20 Illinois Administrative Procedure Act, except that existing
4160	4160	21 title, part, and section numbering for the affected rules may
4161	4161	22 be retained. On and after the effective date of this
4162	4162	23 amendatory Act of the 103rd General Assembly, the Illinois
4163	4163	24 State Police may propose and adopt, under the Illinois
4164	4164	25 Administrative Procedure Act, any other rules that relate to
4165	4165	26 the functions of the Illinois Commerce Commission Police Force
4166	4166
4167	4167
4168	4168
4169	4169
4170	4170
4171	4171	HB3575 - 116 - LRB103 29826 RLC 56234 b
4172	4172
4173	4173
4174	4174	HB3575- 117 -LRB103 29826 RLC 56234 b HB3575 - 117 - LRB103 29826 RLC 56234 b
4175	4175	HB3575 - 117 - LRB103 29826 RLC 56234 b
4176	4176	1 transferred to and that will now be administered by the
4177	4177	2 Illinois State Police.
4178	4178	3 (f) The transfer of powers, duties, rights, and
4179	4179	4 responsibilities to the Illinois State Police under this
4180	4180	5 amendatory Act of the 103rd General Assembly does not affect
4181	4181	6 any person's rights, obligations, or duties, including any
4182	4182	7 civil or criminal penalties applicable, arising out of those
4183	4183	8 transferred powers, duties, rights, and responsibilities.
4184	4184	9 (g) This amendatory Act of the 103rd General Assembly does
4185	4185	10 not affect any act done, ratified, or canceled, or any right
4186	4186	11 occurring or established, or any action or proceeding had or
4187	4187	12 commenced in an administrative, civil, or criminal cause by
4188	4188	13 the Illinois Commerce Commission Police Force or any Illinois
4189	4189	14 Commerce Commission Police Officer before the effective date
4190	4190	15 of this amendatory Act of the 103rd General Assembly; those
4191	4191	16 actions or proceedings may be defended, prosecuted, or
4192	4192	17 continued by the Illinois State Police.
4193	4193	18 (h) The transition required under this Section shall be
4194	4194	19 completed on or before July 1, 2025.
4195	4195	20 Section 65. The Collateral Recovery Act is amended by
4196	4196	21 changing Sections 45 and 60 as follows:
4197	4197	22 (225 ILCS 422/45)
4198	4198	23 (Section scheduled to be repealed on January 1, 2027)
4199	4199	24 Sec. 45. Repossession agency employee requirements.
4200	4200
4201	4201
4202	4202
4203	4203
4204	4204
4205	4205	HB3575 - 117 - LRB103 29826 RLC 56234 b
4206	4206
4207	4207
4208	4208	HB3575- 118 -LRB103 29826 RLC 56234 b HB3575 - 118 - LRB103 29826 RLC 56234 b
4209	4209	HB3575 - 118 - LRB103 29826 RLC 56234 b
4210	4210	1 (a) All employees of a licensed repossession agency whose
4211	4211	2 duties include the actual repossession of collateral must
4212	4212	3 apply for a recovery permit. The holder of a repossession
4213	4213	4 agency license issued under this Act, known in this Section as
4214	4214	5 the "employer", may employ in the conduct of the business
4215	4215	6 under the following provisions:
4216	4216	7 (1) No person may be issued a recovery permit who
4217	4217	8 meets any of the following criteria:
4218	4218	9 (A) Is younger than 21 years of age.
4219	4219	10 (B) Has been convicted of a crime identified in
4220	4220	11 paragraph (3) of subsection (a) of Section 80 of this
4221	4221	12 Act and the Commission determines the ability of the
4222	4222	13 person to engage in the position for which a permit is
4223	4223	14 sought is impaired as a result of the conviction.
4224	4224	15 (C) Has had a license or recovery permit denied,
4225	4225	16 suspended, or revoked under this Act.
4226	4226	17 (D) Has not successfully completed a certification
4227	4227	18 program approved by the Commission.
4228	4228	19 (2) No person may be employed by a repossession agency
4229	4229	20 under this Section until he or she has executed and
4230	4230	21 furnished to the Commission, on forms furnished by the
4231	4231	22 Commission, a verified statement to be known as an
4232	4232	23 "Employee's Statement" setting forth all of the following:
4233	4233	24 (A) The person's full name, age, and residence
4234	4234	25 address.
4235	4235	26 (B) The business or occupation engaged in for the
4236	4236
4237	4237
4238	4238
4239	4239
4240	4240
4241	4241	HB3575 - 118 - LRB103 29826 RLC 56234 b
4242	4242
4243	4243
4244	4244	HB3575- 119 -LRB103 29826 RLC 56234 b HB3575 - 119 - LRB103 29826 RLC 56234 b
4245	4245	HB3575 - 119 - LRB103 29826 RLC 56234 b
4246	4246	1 5 years immediately before the date of the execution
4247	4247	2 of the statement, the place where the business or
4248	4248	3 occupation was engaged in, and the names of the
4249	4249	4 employers, if any.
4250	4250	5 (C) That the person has not had a license or
4251	4251	6 recovery permit denied, revoked, or suspended under
4252	4252	7 this Act.
4253	4253	8 (D) Any conviction of a felony, except as provided
4254	4254	9 for in Section 85.
4255	4255	10 (E) Any other information as may be required by
4256	4256	11 any rule of the Commission to show the good character,
4257	4257	12 competency, and integrity of the person executing the
4258	4258	13 statement.
4259	4259	14 (b) Each applicant for a recovery permit shall have his or
4260	4260	15 her fingerprints submitted to the Commission by a Live Scan
4261	4261	16 fingerprint vendor certified by the Illinois State Police
4262	4262	17 under the Private Detective, Private Alarm, Private Security,
4263	4263	18 Fingerprint Vendor, and Locksmith Act of 2004 in an electronic
4264	4264	19 format that complies with the form and manner for requesting
4265	4265	20 and furnishing criminal history record information as
4266	4266	21 prescribed by the Illinois State Police. These fingerprints
4267	4267	22 shall be checked against the Illinois State Police and Federal
4268	4268	23 Bureau of Investigation criminal history record databases now
4269	4269	24 and hereafter filed. The Commission shall charge applicants a
4270	4270	25 fee for conducting the criminal history records check, which
4271	4271	26 shall not exceed the actual cost of the records check. The
4272	4272
4273	4273
4274	4274
4275	4275
4276	4276
4277	4277	HB3575 - 119 - LRB103 29826 RLC 56234 b
4278	4278
4279	4279
4280	4280	HB3575- 120 -LRB103 29826 RLC 56234 b HB3575 - 120 - LRB103 29826 RLC 56234 b
4281	4281	HB3575 - 120 - LRB103 29826 RLC 56234 b
4282	4282	1 Illinois State Police Illinois Commerce Commission Police
4283	4283	2 shall furnish, pursuant to positive identification, records of
4284	4284	3 Illinois convictions to the Commission. The Commission, in its
4285	4285	4 discretion, may allow an applicant who does not have
4286	4286	5 reasonable access to a designated vendor to provide his or her
4287	4287	6 fingerprints in an alternative manner. The Commission, in its
4288	4288	7 discretion, may also use other procedures in performing or
4289	4289	8 obtaining criminal history records checks of applicants.
4290	4290	9 Instead of submitting his or her fingerprints, an individual
4291	4291	10 may submit proof that is satisfactory to the Commission that
4292	4292	11 an equivalent security clearance has been conducted.
4293	4293	12 (c) Qualified applicants shall purchase a recovery permit
4294	4294	13 from the Commission and in a form that the Commission
4295	4295	14 prescribes. The Commission shall notify the submitting person
4296	4296	15 within 14 days after receipt of a criminal history records
4297	4297	16 check from the Illinois Commerce Commission Police conducted
4298	4298	17 pursuant to subsection (b) of its intent to issue the recovery
4299	4299	18 permit or set the matter for an administrative hearing before
4300	4300	19 an administrative law judge to assist the Commission in
4301	4301	20 determining whether the applicant is fit pursuant to Section
4302	4302	21 80. The holder of a recovery permit shall carry the recovery
4303	4303	22 permit at all times while actually engaged in the performance
4304	4304	23 of the duties of his or her employment. No recovery permit
4305	4305	24 shall be effective unless accompanied by a license issued by
4306	4306	25 the Commission. Expiration and requirements for renewal of
4307	4307	26 recovery permits shall be established by rule of the
4308	4308
4309	4309
4310	4310
4311	4311
4312	4312
4313	4313	HB3575 - 120 - LRB103 29826 RLC 56234 b
4314	4314
4315	4315
4316	4316	HB3575- 121 -LRB103 29826 RLC 56234 b HB3575 - 121 - LRB103 29826 RLC 56234 b
4317	4317	HB3575 - 121 - LRB103 29826 RLC 56234 b
4318	4318	1 Commission. Possession of a recovery permit does not in any
4319	4319	2 way imply that the holder of the recovery permit is employed by
4320	4320	3 any agency unless the recovery permit is accompanied by the
4321	4321	4 employee identification card required by subsection (e) of
4322	4322	5 this Section.
4323	4323	6 (d) Each employer shall maintain a record of each employee
4324	4324	7 that is accessible to the duly authorized representatives of
4325	4325	8 the Commission. The record shall contain all of the following
4326	4326	9 information:
4327	4327	10 (1) A photograph taken within 10 days after the date
4328	4328	11 that the employee begins employment with the employer. The
4329	4329	12 photograph shall be replaced with a current photograph
4330	4330	13 every 3 calendar years.
4331	4331	14 (2) The Employee's Statement specified in paragraph
4332	4332	15 (2) of subsection (a) of this Section.
4333	4333	16 (3) All correspondence or documents relating to the
4334	4334	17 character and integrity of the employee received by the
4335	4335	18 employer from any official source or law enforcement
4336	4336	19 agency.
4337	4337	20 (4) In the case of former employees, the employee
4338	4338	21 identification card of that person issued under subsection
4339	4339	22 (e) of this Section.
4340	4340	23 (e) Every employer shall furnish an employee
4341	4341	24 identification card to each of his or her employees. This
4342	4342	25 subsection (e) shall not apply to office or clerical
4343	4343	26 personnel. This employee identification card shall contain a
4344	4344
4345	4345
4346	4346
4347	4347
4348	4348
4349	4349	HB3575 - 121 - LRB103 29826 RLC 56234 b
4350	4350
4351	4351
4352	4352	HB3575- 122 -LRB103 29826 RLC 56234 b HB3575 - 122 - LRB103 29826 RLC 56234 b
4353	4353	HB3575 - 122 - LRB103 29826 RLC 56234 b
4354	4354	1 recent photograph of the employee, the employee's name, the
4355	4355	2 name and agency license number of the employer, the employee's
4356	4356	3 personal description, the signature of the employer, the
4357	4357	4 signature of that employee, the date of issuance, and an
4358	4358	5 employee identification card number.
4359	4359	6 (f) No employer may issue an employee identification card
4360	4360	7 to any person who is not employed by the employer in accordance
4361	4361	8 with this Section or falsely state or represent that a person
4362	4362	9 is or has been in his or her employ. It is unlawful for an
4363	4363	10 applicant for registration to file with the Commission the
4364	4364	11 fingerprints of a person other than himself or herself or to
4365	4365	12 fail to exercise due diligence in resubmitting replacement
4366	4366	13 fingerprints for those employees who have had original
4367	4367	14 fingerprint submissions returned as unclassifiable. An agency
4368	4368	15 shall inform the Commission within 15 days after contracting
4369	4369	16 or employing a licensed repossession agency employee. The
4370	4370	17 Commission shall develop a registration process by rule.
4371	4371	18 (g) Every employer shall obtain the identification card of
4372	4372	19 every employee who terminates employment with the employer. An
4373	4373	20 employer shall immediately report an identification card that
4374	4374	21 is lost or stolen to the local police department having
4375	4375	22 jurisdiction over the repossession agency location.
4376	4376	23 (h) No agency may employ any person to perform any
4377	4377	24 activity under this Act unless the person possesses a valid
4378	4378	25 license or recovery permit under this Act.
4379	4379	26 (i) If information is discovered affecting the
4380	4380
4381	4381
4382	4382
4383	4383
4384	4384
4385	4385	HB3575 - 122 - LRB103 29826 RLC 56234 b
4386	4386
4387	4387
4388	4388	HB3575- 123 -LRB103 29826 RLC 56234 b HB3575 - 123 - LRB103 29826 RLC 56234 b
4389	4389	HB3575 - 123 - LRB103 29826 RLC 56234 b
4390	4390	1 registration of a person whose fingerprints were submitted
4391	4391	2 under this Section, then the Commission shall so notify the
4392	4392	3 agency that submitted the fingerprints on behalf of that
4393	4393	4 person.
4394	4394	5 (j) A person employed under this Section shall have 15
4395	4395	6 business days within which to notify the Commission of any
4396	4396	7 change in employer. A recovery employee may work under the
4397	4397	8 recovery permit for multiple licensed repossession agencies.
4398	4398	9 (k) This Section applies only to those employees of
4399	4399	10 licensed repossession agencies whose duties include actual
4400	4400	11 repossession of collateral.
4401	4401	12 (l) An applicant who is 21 years of age or older seeking a
4402	4402	13 religious exemption to the photograph requirement of this
4403	4403	14 Section shall furnish with his or her application an approved
4404	4404	15 copy of United States Department of the Treasury Internal
4405	4405	16 Revenue Service Form 4029. Regardless of age, an applicant
4406	4406	17 seeking a religious exemption to this photograph requirement
4407	4407	18 shall submit fingerprints in a form and manner prescribed by
4408	4408	19 the Commission with his or her application in lieu of a
4409	4409	20 photograph.
4410	4410	21 (Source: P.A. 102-748, eff. 1-1-23.)
4411	4411	22 (225 ILCS 422/60)
4412	4412	23 (Section scheduled to be repealed on January 1, 2027)
4413	4413	24 Sec. 60. Criminal background check. The Commission shall
4414	4414	25 require that each individual, partner of a partnership,
4415	4415
4416	4416
4417	4417
4418	4418
4419	4419
4420	4420	HB3575 - 123 - LRB103 29826 RLC 56234 b
4421	4421
4422	4422
4423	4423	HB3575- 124 -LRB103 29826 RLC 56234 b HB3575 - 124 - LRB103 29826 RLC 56234 b
4424	4424	HB3575 - 124 - LRB103 29826 RLC 56234 b
4425	4425	1 officer of a corporation, or owner of a limited liability
4426	4426	2 company, as part of the application process, authorize a
4427	4427	3 criminal history records check to determine if such applicant
4428	4428	4 has ever been charged with a crime and, if so, the disposition
4429	4429	5 of those charges. Upon this authorization, each individual,
4430	4430	6 partner of a partnership, officer of a corporation, or owner
4431	4431	7 of a limited liability company shall submit his or her
4432	4432	8 fingerprints to the Commission in the form and manner
4433	4433	9 prescribed by the Illinois State Police Illinois Commerce
4434	4434	10 Commission Police. These fingerprints shall be checked against
4435	4435	11 the fingerprint records now and hereafter filed in the
4436	4436	12 Illinois State Police and Federal Bureau of Investigation
4437	4437	13 criminal history records databases. The Commission shall
4438	4438	14 charge a fee for conducting the criminal history records
4439	4439	15 check, which shall be deposited in the Transportation
4440	4440	16 Regulatory Fund and shall not exceed the actual cost of the
4441	4441	17 records check. The Illinois State Police Illinois Commerce
4442	4442	18 Commission Police shall provide information concerning any
4443	4443	19 criminal charges, and their disposition, now or hereafter
4444	4444	20 filed against an applicant upon request of the Commission when
4445	4445	21 the request is made in the form and manner required by the
4446	4446	22 Illinois State Police Illinois Commerce Commission Police.
4447	4447	23 (Source: P.A. 97-576, eff. 7-1-12.)
4448	4448	24 Section 70. The Illinois Natural Areas Preservation Act is
4449	4449	25 amended by changing Section 24 as follows:
4450	4450
4451	4451
4452	4452
4453	4453
4454	4454
4455	4455	HB3575 - 124 - LRB103 29826 RLC 56234 b
4456	4456
4457	4457
4458	4458	HB3575- 125 -LRB103 29826 RLC 56234 b HB3575 - 125 - LRB103 29826 RLC 56234 b
4459	4459	HB3575 - 125 - LRB103 29826 RLC 56234 b
4460	4460	1 (525 ILCS 30/24) (from Ch. 105, par. 724)
4461	4461	2 Sec. 24. The Illinois State Police, Conservation Police
4462	4462	3 Officers, other employees designated by the Director,
4463	4463	4 sheriffs, and other police officers shall enforce this Act and
4464	4464	5 the rules promulgated thereunder and are empowered to arrest
4465	4465	6 any person detected in violation thereof.
4466	4466	7 (Source: P.A. 82-445.)
4467	4467	8 Section 75. The Illinois Vehicle Code is amended by
4468	4468	9 changing Sections 2-115, 2-116, 3-209, 3-406, 3-422, 4-107,
4469	4469	10 5-101, 5-101.1, 5-102, 5-102.8, 5-403, 5-803, 5-901, 6-121,
4470	4470	11 11-501.01, 11-1301.3, 18a-101, 18a-200, 18c-1104, 18c-1202,
4471	4471	12 18c-1204, 18c-1205, 18c-4101, 18c-4308, 18c-6101, 18c-7101,
4472	4472	13 18c-7403, and 18c-7404 and by adding Sections 2-116.1,
4473	4473	14 18a-101.5, 18c-1201.5, and 18d-111 as follows:
4474	4474	15 (625 ILCS 5/2-115) (from Ch. 95 1/2, par. 2-115)
4475	4475	16 Sec. 2-115. Investigators.
4476	4476	17 (a) The Secretary of State, for the purpose of more
4477	4477	18 effectively carrying out the provisions of the laws in
4478	4478	19 relation to motor vehicles, shall have power to appoint such
4479	4479	20 number of investigators as he may deem necessary. It shall be
4480	4480	21 the duty of such investigators to investigate and enforce
4481	4481	22 violations of the provisions of this Act administered by the
4482	4482	23 Secretary of State and provisions of Chapters 11, 12, 13, 14,
4483	4483
4484	4484
4485	4485
4486	4486
4487	4487
4488	4488	HB3575 - 125 - LRB103 29826 RLC 56234 b
4489	4489
4490	4490
4491	4491	HB3575- 126 -LRB103 29826 RLC 56234 b HB3575 - 126 - LRB103 29826 RLC 56234 b
4492	4492	HB3575 - 126 - LRB103 29826 RLC 56234 b
4493	4493	1 and 15 and to investigate and report any violation by any
4494	4494	2 person who operates as a motor carrier of property as defined
4495	4495	3 in Section 18-100 of this Act and does not hold a valid
4496	4496	4 certificate or permit. Such investigators shall have and may
4497	4497	5 exercise throughout the State all of the powers of peace
4498	4498	6 officers.
4499	4499	7 No person may be retained in service as an investigator
4500	4500	8 under this Section after he or she has reached 60 years of age,
4501	4501	9 except for a person employed in the title of Capitol Police
4502	4502	10 Investigator, in which case, that person may not be retained
4503	4503	11 in service after that person has reached 65 years of age.
4504	4504	12 The Secretary of State must authorize to each investigator
4505	4505	13 employed under this Section and to any other employee of the
4506	4506	14 Office of the Secretary of State exercising the powers of a
4507	4507	15 peace officer a distinct badge that, on its face, (i) clearly
4508	4508	16 states that the badge is authorized by the Office of the
4509	4509	17 Secretary of State and (ii) contains a unique identifying
4510	4510	18 number. No other badge shall be authorized by the Office of the
4511	4511	19 Secretary of State.
4512	4512	20 (b) The Secretary may expend such sums as he deems
4513	4513	21 necessary from Contractual Services appropriations for the
4514	4514	22 Department of Police for the purchase of evidence, for the
4515	4515	23 employment of persons to obtain evidence, and for the payment
4516	4516	24 for any goods or services related to obtaining evidence. Such
4517	4517	25 sums shall be advanced to investigators authorized by the
4518	4518	26 Secretary to expend funds, on vouchers signed by the
4519	4519
4520	4520
4521	4521
4522	4522
4523	4523
4524	4524	HB3575 - 126 - LRB103 29826 RLC 56234 b
4525	4525
4526	4526
4527	4527	HB3575- 127 -LRB103 29826 RLC 56234 b HB3575 - 127 - LRB103 29826 RLC 56234 b
4528	4528	HB3575 - 127 - LRB103 29826 RLC 56234 b
4529	4529	1 Secretary. In addition, the Secretary of State is authorized
4530	4530	2 to maintain one or more commercial checking accounts with any
4531	4531	3 State banking corporation or corporations organized under or
4532	4532	4 subject to the Illinois Banking Act for the deposit and
4533	4533	5 withdrawal of moneys to be used solely for the purchase of
4534	4534	6 evidence and for the employment of persons to obtain evidence,
4535	4535	7 or for the payment for any goods or services related to
4536	4536	8 obtaining evidence; provided that no check may be written on
4537	4537	9 nor any withdrawal made from any such account except on the
4538	4538	10 written signatures of 2 persons designated by the Secretary to
4539	4539	11 write such checks and make such withdrawals, and provided
4540	4540	12 further that the balance of moneys on deposit in any such
4541	4541	13 account shall not exceed $5,000 at any time, nor shall any one
4542	4542	14 check written on or single withdrawal made from any such
4543	4543	15 account exceed $5,000.
4544	4544	16 All fines or moneys collected or received by the Secretary
4545	4545	17 of State Department of Police under any State or federal
4546	4546	18 forfeiture statute; including, but not limited to moneys
4547	4547	19 forfeited under Section 12 of the Cannabis Control Act, moneys
4548	4548	20 forfeited under Section 85 of the Methamphetamine Control and
4549	4549	21 Community Protection Act, and moneys distributed under Section
4550	4550	22 413 of the Illinois Controlled Substances Act, shall be
4551	4551	23 deposited into the Secretary of State Evidence Fund.
4552	4552	24 In all convictions for offenses in violation of this Act,
4553	4553	25 the Court may order restitution to the Secretary of any or all
4554	4554	26 sums expended for the purchase of evidence, for the employment
4555	4555
4556	4556
4557	4557
4558	4558
4559	4559
4560	4560	HB3575 - 127 - LRB103 29826 RLC 56234 b
4561	4561
4562	4562
4563	4563	HB3575- 128 -LRB103 29826 RLC 56234 b HB3575 - 128 - LRB103 29826 RLC 56234 b
4564	4564	HB3575 - 128 - LRB103 29826 RLC 56234 b
4565	4565	1 of persons to obtain evidence, and for the payment for any
4566	4566	2 goods or services related to obtaining evidence. All such
4567	4567	3 restitution received by the Secretary shall be deposited into
4568	4568	4 the Secretary of State Evidence Fund. Moneys deposited into
4569	4569	5 the fund shall, subject to appropriation, be used by the
4570	4570	6 Secretary of State for the purposes provided for under the
4571	4571	7 provisions of this Section.
4572	4572	8 (Source: P.A. 100-201, eff. 8-18-17; 101-610, eff. 1-1-20.)
4573	4573	9 (625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)
4574	4574	10 Sec. 2-116. Secretary of State Department of Police.
4575	4575	11 (a) The Secretary of State and the officers, inspectors,
4576	4576	12 and investigators appointed by him shall cooperate with the
4577	4577	13 Illinois State Police and the sheriffs and police in enforcing
4578	4578	14 the laws regulating the operation of vehicles and the use of
4579	4579	15 the highways.
4580	4580	16 (b) The Secretary of State may provide training and
4581	4581	17 education for members of his office in traffic regulation, the
4582	4582	18 promotion of traffic safety and the enforcement of laws vested
4583	4583	19 in the Secretary of State for administration and enforcement
4584	4584	20 regulating the operation of vehicles and the use of the
4585	4585	21 highways.
4586	4586	22 (c) The Secretary of State may provide distinctive
4587	4587	23 uniforms and badges for officers, inspectors and investigators
4588	4588	24 employed in the administration of laws relating to the
4589	4589	25 operation of vehicles and the use of the highways and vesting
4590	4590
4591	4591
4592	4592
4593	4593
4594	4594
4595	4595	HB3575 - 128 - LRB103 29826 RLC 56234 b
4596	4596
4597	4597
4598	4598	HB3575- 129 -LRB103 29826 RLC 56234 b HB3575 - 129 - LRB103 29826 RLC 56234 b
4599	4599	HB3575 - 129 - LRB103 29826 RLC 56234 b
4600	4600	1 the administration and enforcement of such laws in the
4601	4601	2 Secretary of State.
4602	4602	3 (c-5) The Director of the Secretary of State Department of
4603	4603	4 Police shall establish a program to allow a Secretary of State
4604	4604	5 Police officer, inspector, or investigator who is honorably
4605	4605	6 retiring in good standing to purchase either one or both of the
4606	4606	7 following: (1) any Secretary of State Department of Police
4607	4607	8 badge previously issued to that officer, inspector, or
4608	4608	9 investigator; or (2) if the officer, inspector, or
4609	4609	10 investigator has a currently valid Firearm Owner's
4610	4610	11 Identification Card, the service firearm issued or previously
4611	4611	12 issued to the officer, inspector, or investigator by the
4612	4612	13 Secretary of State Department of Police. The cost of the
4613	4613	14 firearm shall be the replacement value of the firearm and not
4614	4614	15 the firearm's fair market value.
4615	4615	16 (d) (Blank). The Secretary of State Department of Police
4616	4616	17 is authorized to:
4617	4617	18 (1) investigate the origins, activities, persons, and
4618	4618	19 incidents of crime and the ways and means, if any, to
4619	4619	20 redress the victims of crimes, and study the impact, if
4620	4620	21 any, of legislation relative to the criminal laws of this
4621	4621	22 State related thereto and conduct any other investigations
4622	4622	23 as may be provided by law;
4623	4623	24 (2) employ skilled experts, technicians,
4624	4624	25 investigators, special agents, or otherwise specially
4625	4625	26 qualified persons to aid in preventing or detecting crime,
4626	4626
4627	4627
4628	4628
4629	4629
4630	4630
4631	4631	HB3575 - 129 - LRB103 29826 RLC 56234 b
4632	4632
4633	4633
4634	4634	HB3575- 130 -LRB103 29826 RLC 56234 b HB3575 - 130 - LRB103 29826 RLC 56234 b
4635	4635	HB3575 - 130 - LRB103 29826 RLC 56234 b
4636	4636	1 apprehending criminals, or preparing and presenting
4637	4637	2 evidence of violations of the criminal laws of the State;
4638	4638	3 (3) cooperate with the police of cities, villages, and
4639	4639	4 incorporated towns, and with the police officers of any
4640	4640	5 county, in enforcing the laws of the State and in making
4641	4641	6 arrests;
4642	4642	7 (4) provide, as may be required by law, assistance to
4643	4643	8 local law enforcement agencies through training,
4644	4644	9 management, and consultant services for local law
4645	4645	10 enforcement agencies, pertaining to law enforcement
4646	4646	11 activities;
4647	4647	12 (5) exercise the rights, powers, and duties which have
4648	4648	13 been vested in it by the Secretary of State Act and this
4649	4649	14 Code; and
4650	4650	15 (6) enforce and administer any other laws in relation
4651	4651	16 to law enforcement as may be vested in the Secretary of
4652	4652	17 State Department of Police.
4653	4653	18 Persons within the Secretary of State Department of Police
4654	4654	19 who exercise these powers are conservators of the peace and
4655	4655	20 have all the powers possessed by policemen in municipalities
4656	4656	21 and sheriffs, and may exercise these powers anywhere in the
4657	4657	22 State in cooperation with local law enforcement officials.
4658	4658	23 These persons may use false or fictitious names in the
4659	4659	24 performance of their duties under this Section, upon approval
4660	4660	25 of the Director of Police-Secretary of State, and shall not be
4661	4661	26 subject to prosecution under the criminal laws for that use.
4662	4662
4663	4663
4664	4664
4665	4665
4666	4666
4667	4667	HB3575 - 130 - LRB103 29826 RLC 56234 b
4668	4668
4669	4669
4670	4670	HB3575- 131 -LRB103 29826 RLC 56234 b HB3575 - 131 - LRB103 29826 RLC 56234 b
4671	4671	HB3575 - 131 - LRB103 29826 RLC 56234 b
4672	4672	1 (e) (Blank). The Secretary of State Department of Police
4673	4673	2 may charge, collect, and receive fees or moneys equivalent to
4674	4674	3 the cost of providing its personnel, equipment, and services
4675	4675	4 to governmental agencies when explicitly requested by a
4676	4676	5 governmental agency and according to an intergovernmental
4677	4677	6 agreement or memorandums of understanding as provided by this
4678	4678	7 Section, including but not limited to fees or moneys
4679	4679	8 equivalent to the cost of providing training to other
4680	4680	9 governmental agencies on terms and conditions that in the
4681	4681	10 judgment of the Director of Police-Secretary of State are in
4682	4682	11 the best interest of the Secretary of State. All fees received
4683	4683	12 by the Secretary of State Police Department under this Act
4684	4684	13 shall be deposited in a special fund in the State Treasury to
4685	4685	14 be known as the Secretary of State Police Services Fund. The
4686	4686	15 money deposited in the Secretary of State Police Services Fund
4687	4687	16 shall be appropriated to the Secretary of State Department of
4688	4688	17 Police as provided for in subsection (g).
4689	4689	18 (f) (Blank). The Secretary of State Department of Police
4690	4690	19 may apply for grants or contracts and receive, expend,
4691	4691	20 allocate, or disburse moneys made available by public or
4692	4692	21 private entities, including, but not limited to, contracts,
4693	4693	22 bequests, grants, or receiving equipment from corporations,
4694	4694	23 foundations, or public or private institutions of higher
4695	4695	24 learning.
4696	4696	25 (g) (Blank). The Secretary of State Police Services Fund
4697	4697	26 is hereby created as a special fund in the State Treasury. All
4698	4698
4699	4699
4700	4700
4701	4701
4702	4702
4703	4703	HB3575 - 131 - LRB103 29826 RLC 56234 b
4704	4704
4705	4705
4706	4706	HB3575- 132 -LRB103 29826 RLC 56234 b HB3575 - 132 - LRB103 29826 RLC 56234 b
4707	4707	HB3575 - 132 - LRB103 29826 RLC 56234 b
4708	4708	1 moneys received under this Section by the Secretary of State
4709	4709	2 Department of Police shall be deposited into the Secretary of
4710	4710	3 State Police Services Fund to be appropriated to the Secretary
4711	4711	4 of State Department of Police for purposes as indicated by the
4712	4712	5 grantor or contractor or, in the case of moneys bequeathed or
4713	4713	6 granted for no specific purpose, for any purpose as deemed
4714	4714	7 appropriate by the Director of Police-Secretary of State in
4715	4715	8 administering the responsibilities of the Secretary of State
4716	4716	9 Department of Police.
4717	4717	10 (Source: P.A. 102-538, eff. 8-20-21.)
4718	4718	11 (625 ILCS 5/2-116.1 new)
4719	4719	12 Sec. 2-116.1. Secretary of State Department of Police
4720	4720	13 abolished; transfer of powers and duties.
4721	4721	14 (a) On and after the effective date of this amendatory Act
4722	4722	15 of the 103rd General Assembly, the Secretary of State
4723	4723	16 Department of Police is abolished and all powers, duties,
4724	4724	17 rights, and responsibilities of the Secretary of State
4725	4725	18 Department of Police shall be transferred to the Illinois
4726	4726	19 State Police. The powers, duties, rights, and responsibilities
4727	4727	20 related to the functions of the Secretary of State Department
4728	4728	21 of Police transferred under this amendatory Act of the 103rd
4729	4729	22 General Assembly shall be vested in and shall be exercised by
4730	4730	23 the Illinois State Police. The Illinois State Police shall
4731	4731	24 assume all enforcement duties held currently by Secretary of
4732	4732	25 State Department of Police Officers. On and after the
4733	4733
4734	4734
4735	4735
4736	4736
4737	4737
4738	4738	HB3575 - 132 - LRB103 29826 RLC 56234 b
4739	4739
4740	4740
4741	4741	HB3575- 133 -LRB103 29826 RLC 56234 b HB3575 - 133 - LRB103 29826 RLC 56234 b
4742	4742	HB3575 - 133 - LRB103 29826 RLC 56234 b
4743	4743	1 effective date of this amendatory Act of the 103rd General
4744	4744	2 Assembly, the Secretary of State is prohibited from hiring
4745	4745	3 additional Secretary of State Department of Police Officers.
4746	4746	4 (b) Secretary of State Department of Police Officers
4747	4747	5 within the office of the Secretary of State who are engaged in
4748	4748	6 the performance of functions transferred to the Illinois State
4749	4749	7 Police under this amendatory Act of the 103rd General Assembly
4750	4750	8 are transferred to and shall continue their service within the
4751	4751	9 Illinois State Police. The status and rights of those
4752	4752	10 employees under the Personnel Code shall not be affected by
4753	4753	11 this amendatory Act of the 103rd General Assembly. The rights
4754	4754	12 of the employees and the State of Illinois and its agencies
4755	4755	13 under the Personnel Code and applicable collective bargaining
4756	4756	14 agreements or under any pension, retirement, or annuity plan,
4757	4757	15 shall not be affected by this amendatory Act of the 103rd
4758	4758	16 General Assembly. Current Secretary of State Department of
4759	4759	17 Police Officers' salaries shall remain at the rate in effect
4760	4760	18 on the effective date of this amendatory Act of the 103rd
4761	4761	19 General Assembly, until an applicable collective bargaining
4762	4762	20 agreement is adopted.
4763	4763	21 (c) All books, records, papers, documents, and equipment
4764	4764	22 related to the responsibilities transferred to the Illinois
4765	4765	23 State Police under this amendatory Act of the 103rd General
4766	4766	24 Assembly, including, but not limited to, material in
4767	4767	25 electronic or magnetic format and necessary computer hardware
4768	4768	26 and software, shall be transferred to the Illinois State
4769	4769
4770	4770
4771	4771
4772	4772
4773	4773
4774	4774	HB3575 - 133 - LRB103 29826 RLC 56234 b
4775	4775
4776	4776
4777	4777	HB3575- 134 -LRB103 29826 RLC 56234 b HB3575 - 134 - LRB103 29826 RLC 56234 b
4778	4778	HB3575 - 134 - LRB103 29826 RLC 56234 b
4779	4779	1 Police.
4780	4780	2 (d) All unexpended appropriations and balances and other
4781	4781	3 funds available for use by the Secretary of State Department
4782	4782	4 of Police shall be transferred for use by the Illinois State
4783	4783	5 Police in accordance with this amendatory Act of the 103rd
4784	4784	6 General Assembly. Unexpended balances so transferred shall be
4785	4785	7 expended by the Illinois State Police only for the purpose for
4786	4786	8 which the appropriations were originally made.
4787	4787	9 (e) Any rules of the Secretary of State that relate to its
4788	4788	10 powers, duties, rights, and responsibilities with respect to
4789	4789	11 functions transferred to the Illinois State Police by this
4790	4790	12 amendatory Act of the 103rd General Assembly and which are in
4791	4791	13 full force on the effective date of this amendatory Act of the
4792	4792	14 103rd General Assembly shall become the rules of the Illinois
4793	4793	15 State Police. This amendatory Act of the 103rd General
4794	4794	16 Assembly does not affect the legality of any of those rules in
4795	4795	17 the Illinois Administrative Code. Any proposed rule filed with
4796	4796	18 the Secretary of State by the Secretary of State Department of
4797	4797	19 Police that is pending in the rulemaking process on the
4798	4798	20 effective date of this amendatory Act of the 103rd General
4799	4799	21 Assembly and pertain to the powers, duties, rights, and
4800	4800	22 responsibilities transferred, shall be deemed to have been
4801	4801	23 filed by the Illinois State Police. As soon as practicable
4802	4802	24 hereafter, the Illinois State Police shall revise and clarify
4803	4803	25 the rules transferred to it under this amendatory Act of the
4804	4804	26 103rd General Assembly to reflect the reorganization of
4805	4805
4806	4806
4807	4807
4808	4808
4809	4809
4810	4810	HB3575 - 134 - LRB103 29826 RLC 56234 b
4811	4811
4812	4812
4813	4813	HB3575- 135 -LRB103 29826 RLC 56234 b HB3575 - 135 - LRB103 29826 RLC 56234 b
4814	4814	HB3575 - 135 - LRB103 29826 RLC 56234 b
4815	4815	1 powers, duties, rights, and responsibilities affected by this
4816	4816	2 amendatory Act of the 103rd General Assembly, using the
4817	4817	3 procedures for recodification of rules available under the
4818	4818	4 Illinois Administrative Procedure Act, except that existing
4819	4819	5 title, part, and section numbering for the affected rules may
4820	4820	6 be retained. On and after the effective date of this
4821	4821	7 amendatory Act of the 103rd General Assembly, the Illinois
4822	4822	8 State Police may propose and adopt, under the Illinois
4823	4823	9 Administrative Procedure Act, any other rules that relate to
4824	4824	10 the functions of the Conservation Police Force transferred to
4825	4825	11 and that will now be administered by the Illinois State
4826	4826	12 Police.
4827	4827	13 (f) The transfer of powers, duties, rights, and
4828	4828	14 responsibilities to the Illinois State Police under this
4829	4829	15 amendatory Act of the 103rd General Assembly does not affect
4830	4830	16 any person's rights, obligations, or duties, including any
4831	4831	17 civil or criminal penalties applicable, arising out of those
4832	4832	18 transferred powers, duties, rights, and responsibilities.
4833	4833	19 (g) This amendatory Act of the 103rd General Assembly does
4834	4834	20 not affect any act done, ratified, or canceled, or any right
4835	4835	21 occurring or established, or any action or proceeding had or
4836	4836	22 commenced in an administrative, civil, or criminal cause by
4837	4837	23 the Secretary of State Department of Police or any Secretary
4838	4838	24 of State Department of Police Officer before the effective
4839	4839	25 date of this amendatory Act of the 103rd General Assembly;
4840	4840	26 those actions or proceedings may be defended, prosecuted, or
4841	4841
4842	4842
4843	4843
4844	4844
4845	4845
4846	4846	HB3575 - 135 - LRB103 29826 RLC 56234 b
4847	4847
4848	4848
4849	4849	HB3575- 136 -LRB103 29826 RLC 56234 b HB3575 - 136 - LRB103 29826 RLC 56234 b
4850	4850	HB3575 - 136 - LRB103 29826 RLC 56234 b
4851	4851	1 continued by the Illinois State Police.
4852	4852	2 (h) The transition required under this Section shall be
4853	4853	3 completed on or before July 1, 2025.
4854	4854	4 (625 ILCS 5/3-209) (from Ch. 95 1/2, par. 3-209)
4855	4855	5 Sec. 3-209. Powers of Secretary of State.
4856	4856	6 (a) The Secretary of State shall prescribe and provide
4857	4857	7 suitable forms of applications, certificates of title, notices
4858	4858	8 of security interests, and all other notices and forms
4859	4859	9 necessary to carry out the provisions of this chapter.
4860	4860	10 (b) The Secretary of State may:
4861	4861	11 1. Make necessary investigations to procure
4862	4862	12 information required to carry out the provisions of this
4863	4863	13 Act.
4864	4864	14 2. Assign a new identifying number to a vehicle if it
4865	4865	15 has none, or its identifying number is destroyed or
4866	4866	16 obliterated, or its motor is changed, and shall either
4867	4867	17 issue a new certificate of title showing the new
4868	4868	18 identifying number or make an appropriate endorsement on
4869	4869	19 the original certificate.
4870	4870	20 3. Remove a franchise affiliate's lien so that the
4871	4871	21 franchise affiliate may pursue the balance of the lien
4872	4872	22 with the defunct dealership instead of the constituent.
4873	4873	23 This item applies if a franchise dealer neglects to pay
4874	4874	24 off a trade-in vehicle's lien, and that lien is held by the
4875	4875	25 franchise affiliate. The Secretary shall make this
4876	4876
4877	4877
4878	4878
4879	4879
4880	4880
4881	4881	HB3575 - 136 - LRB103 29826 RLC 56234 b
4882	4882
4883	4883
4884	4884	HB3575- 137 -LRB103 29826 RLC 56234 b HB3575 - 137 - LRB103 29826 RLC 56234 b
4885	4885	HB3575 - 137 - LRB103 29826 RLC 56234 b
4886	4886	1 determination pursuant to an investigation by the
4887	4887	2 Secretary of State Department of Police.
4888	4888	3 (Source: P.A. 102-154, eff. 1-1-22.)
4889	4889	4 (625 ILCS 5/3-406) (from Ch. 95 1/2, par. 3-406)
4890	4890	5 Sec. 3-406. Application for specially constructed,
4891	4891	6 reconstructed, custom, street rod, foreign vehicles, or glider
4892	4892	7 kits.
4893	4893	8 (a) In the event the vehicle to be registered is a
4894	4894	9 specially constructed, reconstructed or foreign vehicle, such
4895	4895	10 fact shall be stated in the application and with reference to
4896	4896	11 every foreign vehicle which has been registered heretofore
4897	4897	12 outside of this State the owner shall surrender to the
4898	4898	13 Secretary of State all registration plates, registration cards
4899	4899	14 or other evidence of such foreign registration as may be in his
4900	4900	15 possession or under his control except as provided in
4901	4901	16 subdivision (b) hereof.
4902	4902	17 (b) Where in the course of interstate operation of a
4903	4903	18 vehicle registered in another State, it is desirable to retain
4904	4904	19 registration of said vehicle in such other State, such
4905	4905	20 applicant need not surrender but shall submit for inspection
4906	4906	21 said evidences of such foreign registration and the Secretary
4907	4907	22 of State upon a proper showing shall register said vehicle in
4908	4908	23 this State but shall not issue a certificate of title for such
4909	4909	24 vehicle.
4910	4910	25 (c) In the event the applicant seeks to have the vehicle
4911	4911
4912	4912
4913	4913
4914	4914
4915	4915
4916	4916	HB3575 - 137 - LRB103 29826 RLC 56234 b
4917	4917
4918	4918
4919	4919	HB3575- 138 -LRB103 29826 RLC 56234 b HB3575 - 138 - LRB103 29826 RLC 56234 b
4920	4920	HB3575 - 138 - LRB103 29826 RLC 56234 b
4921	4921	1 registered as a custom vehicle or street rod, that fact must be
4922	4922	2 stated in the application. Prior to registration, custom
4923	4923	3 vehicles or street rods must be inspected by the Secretary of
4924	4924	4 State Department of Police. Upon successful completion of the
4925	4925	5 inspection, the vehicle may be registered in the following
4926	4926	6 manner. The make of the vehicle shall be listed as the make of
4927	4927	7 the actual vehicle or the make it is designed to resemble
4928	4928	8 (e.g., Ford or Chevrolet); the model of the vehicle shall be
4929	4929	9 listed as custom vehicle or street rod; and the year of the
4930	4930	10 vehicle shall be listed as the year the actual vehicle was
4931	4931	11 manufactured or the year it is designed to resemble.
4932	4932	12 (d) In the event the applicant seeks to have the vehicle
4933	4933	13 registered as a glider kit, that fact must be stated in the
4934	4934	14 application. Each glider kit sought to be registered shall be
4935	4935	15 inspected by the Secretary of State Department of Police who
4936	4936	16 shall verify the chassis, cab, front axle, and other essential
4937	4937	17 parts as acceptable. Upon successful completion of the
4938	4938	18 inspection, the vehicle may be registered in the following
4939	4939	19 manner: (1) the make of the vehicle shall be listed as the make
4940	4940	20 of the chassis of the actual manufacturer; (2) the model of the
4941	4941	21 vehicle shall be listed as glider kit; and (3) the year of the
4942	4942	22 vehicle shall be listed as the year presented on the
4943	4943	23 manufacturer's certificate of origin for the chassis, unless
4944	4944	24 no year is presented, then it shall be listed as the year the
4945	4945	25 application is received.
4946	4946	26 (Source: P.A. 99-748, eff. 8-5-16.)
4947	4947
4948	4948
4949	4949
4950	4950
4951	4951
4952	4952	HB3575 - 138 - LRB103 29826 RLC 56234 b
4953	4953
4954	4954
4955	4955	HB3575- 139 -LRB103 29826 RLC 56234 b HB3575 - 139 - LRB103 29826 RLC 56234 b
4956	4956	HB3575 - 139 - LRB103 29826 RLC 56234 b
4957	4957	1 (625 ILCS 5/3-422)
4958	4958	2 Sec. 3-422. Issuance of confidential license plates and
4959	4959	3 registrations.
4960	4960	4 (a) Requirements for use of confidential vehicle license
4961	4961	5 plates and registrations. Confidential vehicle license plates
4962	4962	6 and registrations may be issued to local, state, and federal
4963	4963	7 government agencies for bona fide law enforcement purposes.
4964	4964	8 The plates and registrations may be issued in fictitious names
4965	4965	9 and addresses, and may be used only in confidential,
4966	4966	10 investigative, or undercover law enforcement operations.
4967	4967	11 (b) Application procedures for confidential plates and
4968	4968	12 registrations:
4969	4969	13 (1) Applications by local, state, and federal
4970	4970	14 government agencies for confidential license plates and
4971	4971	15 registrations must be made to the Secretary of State
4972	4972	16 Police Department on a form and in a manner prescribed by
4973	4973	17 the Secretary of State Police Department.
4974	4974	18 (2) The application form must include information, as
4975	4975	19 specific as possible without compromising investigations
4976	4976	20 or techniques, setting forth the need for the license
4977	4977	21 plates and registrations and the uses to which the license
4978	4978	22 plates and registrations will be limited.
4979	4979	23 (3) The application form must be signed and verified
4980	4980	24 by the local, state, or federal government agency head or
4981	4981	25 designee.
4982	4982
4983	4983
4984	4984
4985	4985
4986	4986
4987	4987	HB3575 - 139 - LRB103 29826 RLC 56234 b
4988	4988
4989	4989
4990	4990	HB3575- 140 -LRB103 29826 RLC 56234 b HB3575 - 140 - LRB103 29826 RLC 56234 b
4991	4991	HB3575 - 140 - LRB103 29826 RLC 56234 b
4992	4992	1 (4) Registration information maintained by the
4993	4993	2 Secretary of State Police Department for confidential
4994	4994	3 license plates and registrations must show the fictitious
4995	4995	4 names and addresses on all records subject to public
4996	4996	5 disclosure. All other information concerning these
4997	4997	6 confidential license plates and registrations are exempt
4998	4998	7 from disclosure unless the disclosure is ordered by a
4999	4999	8 court of competent jurisdiction.
5000	5000	9 (c) Revocation and cancellation procedures for
5001	5001	10 confidential license plates and registrations:
5002	5002	11 (1) The Secretary of State Police Department may
5003	5003	12 revoke or refuse to renew confidential license plates and
5004	5004	13 registrations when they have reasonable cause to believe
5005	5005	14 the license plates and registrations are being used for
5006	5006	15 purposes other than those set forth in the application
5007	5007	16 form or authorized by this Section, or where records
5008	5008	17 indicate that within a one-year period five or more
5009	5009	18 parking or toll highway violations have been issued to the
5010	5010	19 vehicle associated with the license plate and registration
5011	5011	20 and those violations remain unpaid.
5012	5012	21 (2) A government agency must request cancellation of
5013	5013	22 confidential license plates and registrations that are no
5014	5014	23 longer required for the purposes for which they were
5015	5015	24 issued.
5016	5016	25 (3) All revoked confidential license plates and
5017	5017	26 certificates of registration must be promptly returned to
5018	5018
5019	5019
5020	5020
5021	5021
5022	5022
5023	5023	HB3575 - 140 - LRB103 29826 RLC 56234 b
5024	5024
5025	5025
5026	5026	HB3575- 141 -LRB103 29826 RLC 56234 b HB3575 - 141 - LRB103 29826 RLC 56234 b
5027	5027	HB3575 - 141 - LRB103 29826 RLC 56234 b
5028	5028	1 the Secretary of State Police Department by the government
5029	5029	2 agency to which they were issued.
5030	5030	3 (d) All fees collected for the issuance of confidential
5031	5031	4 license plates and registrations must be deposited in the
5032	5032	5 Secretary of State Police Services Fund.
5033	5033	6 (Source: P.A. 96-549, eff. 8-17-09.)
5034	5034	7 (625 ILCS 5/4-107) (from Ch. 95 1/2, par. 4-107)
5035	5035	8 Sec. 4-107. Stolen, converted, recovered and unclaimed
5036	5036	9 vehicles.
5037	5037	10 (a) Every Sheriff, Superintendent of police, Chief of
5038	5038	11 police or other police officer in command of any Police
5039	5039	12 department in any City, Village or Town of the State, shall, by
5040	5040	13 the fastest means of communications available to his law
5041	5041	14 enforcement agency, immediately report to the Illinois State
5042	5042	15 Police, in Springfield, Illinois, the theft or recovery of any
5043	5043	16 stolen or converted vehicle within his district or
5044	5044	17 jurisdiction. The report shall give the date of theft,
5045	5045	18 description of the vehicle including color, year of
5046	5046	19 manufacture, manufacturer's trade name, manufacturer's series
5047	5047	20 name, body style, vehicle identification number and license
5048	5048	21 registration number, including the state in which the license
5049	5049	22 was issued and the year of issuance, together with the name,
5050	5050	23 residence address, business address, and telephone number of
5051	5051	24 the owner. The report shall be routed by the originating law
5052	5052	25 enforcement agency through the Illinois State Police District
5053	5053
5054	5054
5055	5055
5056	5056
5057	5057
5058	5058	HB3575 - 141 - LRB103 29826 RLC 56234 b
5059	5059
5060	5060
5061	5061	HB3575- 142 -LRB103 29826 RLC 56234 b HB3575 - 142 - LRB103 29826 RLC 56234 b
5062	5062	HB3575 - 142 - LRB103 29826 RLC 56234 b
5063	5063	1 in which such agency is located.
5064	5064	2 (b) A registered owner or a lienholder may report the
5065	5065	3 theft by conversion of a vehicle, to the Illinois State
5066	5066	4 Police, or any other police department or Sheriff's office.
5067	5067	5 Such report will be accepted as a report of theft and processed
5068	5068	6 only if a formal complaint is on file and a warrant issued.
5069	5069	7 (c) An operator of a place of business for garaging,
5070	5070	8 repairing, parking or storing vehicles for the public, in
5071	5071	9 which a vehicle remains unclaimed, after being left for the
5072	5072	10 purpose of garaging, repairing, parking or storage, for a
5073	5073	11 period of 15 days, shall, within 5 days after the expiration of
5074	5074	12 that period, report the vehicle as unclaimed to the municipal
5075	5075	13 police when the vehicle is within the corporate limits of any
5076	5076	14 City, Village or incorporated Town, or the County Sheriff, or
5077	5077	15 State Police when the vehicle is outside the corporate limits
5078	5078	16 of a City, Village or incorporated Town. This Section does not
5079	5079	17 apply to any vehicle:
5080	5080	18 (1) removed to a place of storage by a law enforcement
5081	5081	19 agency having jurisdiction, in accordance with Sections
5082	5082	20 4-201 and 4-203 of this Act; or
5083	5083	21 (2) left under a garaging, repairing, parking, or
5084	5084	22 storage order signed by the owner, lessor, or other
5085	5085	23 legally entitled person.
5086	5086	24 Failure to comply with this Section will result in the
5087	5087	25 forfeiture of storage fees for that vehicle involved.
5088	5088	26 (d) The Illinois State Police shall keep a complete record
5089	5089
5090	5090
5091	5091
5092	5092
5093	5093
5094	5094	HB3575 - 142 - LRB103 29826 RLC 56234 b
5095	5095
5096	5096
5097	5097	HB3575- 143 -LRB103 29826 RLC 56234 b HB3575 - 143 - LRB103 29826 RLC 56234 b
5098	5098	HB3575 - 143 - LRB103 29826 RLC 56234 b
5099	5099	1 of all reports filed under this Section of the Act. Upon
5100	5100	2 receipt of such report, a careful search shall be made of the
5101	5101	3 records of the office of the Illinois State Police, and where
5102	5102	4 it is found that a vehicle reported recovered was stolen in a
5103	5103	5 County, City, Village or Town other than the County, City,
5104	5104	6 Village or Town in which it is recovered, the Illinois State
5105	5105	7 Police shall immediately notify the Sheriff, Superintendent of
5106	5106	8 police, Chief of police, or other police officer in command of
5107	5107	9 the Sheriff's office or Police department of the County, City,
5108	5108	10 Village or Town in which the vehicle was originally reported
5109	5109	11 stolen, giving complete data as to the time and place of
5110	5110	12 recovery.
5111	5111	13 (e) Notification of the theft or conversion of a vehicle
5112	5112	14 will be furnished to the Secretary of State by the Illinois
5113	5113	15 State Police. The Secretary of State shall place the proper
5114	5114	16 information in the license registration and title registration
5115	5115	17 files to indicate the theft or conversion of a motor vehicle or
5116	5116	18 other vehicle. Notification of the recovery of a vehicle
5117	5117	19 previously reported as a theft or a conversion will be
5118	5118	20 furnished to the Secretary of State by the Illinois State
5119	5119	21 Police. The Secretary of State shall remove the proper
5120	5120	22 information from the license registration and title
5121	5121	23 registration files that has previously indicated the theft or
5122	5122	24 conversion of a vehicle. The Secretary of State shall suspend
5123	5123	25 the registration of a vehicle upon receipt of a report from the
5124	5124	26 Illinois State Police that such vehicle was stolen or
5125	5125
5126	5126
5127	5127
5128	5128
5129	5129
5130	5130	HB3575 - 143 - LRB103 29826 RLC 56234 b
5131	5131
5132	5132
5133	5133	HB3575- 144 -LRB103 29826 RLC 56234 b HB3575 - 144 - LRB103 29826 RLC 56234 b
5134	5134	HB3575 - 144 - LRB103 29826 RLC 56234 b
5135	5135	1 converted.
5136	5136	2 (f) When the Secretary of State receives an application
5137	5137	3 for a certificate of title or an application for registration
5138	5138	4 of a vehicle and it is determined from the records of the
5139	5139	5 office of the Secretary of State that such vehicle has been
5140	5140	6 reported stolen or converted, the Secretary of State shall
5141	5141	7 immediately notify the Illinois State Police or the Secretary
5142	5142	8 of State Department of Police and shall give the Illinois
5143	5143	9 State Police or the Secretary of State Department of Police
5144	5144	10 the name and address of the person or firm titling or
5145	5145	11 registering the vehicle, together with all other information
5146	5146	12 contained in the application submitted by such person or firm.
5147	5147	13 If the Secretary of State Department of Police receives
5148	5148	14 notification under this subsection (f), it shall conduct an
5149	5149	15 investigation concerning the identity of the registered owner
5150	5150	16 of the stolen or converted vehicle.
5151	5151	17 (g) During the usual course of business the manufacturer
5152	5152	18 of any vehicle shall place an original manufacturer's vehicle
5153	5153	19 identification number on all such vehicles manufactured and on
5154	5154	20 any part of such vehicles requiring an identification number.
5155	5155	21 (h) Except provided in subsection (h-1), if a
5156	5156	22 manufacturer's vehicle identification number is missing or has
5157	5157	23 been removed, changed or mutilated on any vehicle, or any part
5158	5158	24 of such vehicle requiring an identification number, the
5159	5159	25 Illinois State Police or the Secretary of State Department of
5160	5160	26 Police shall restore, restamp or reaffix the vehicle
5161	5161
5162	5162
5163	5163
5164	5164
5165	5165
5166	5166	HB3575 - 144 - LRB103 29826 RLC 56234 b
5167	5167
5168	5168
5169	5169	HB3575- 145 -LRB103 29826 RLC 56234 b HB3575 - 145 - LRB103 29826 RLC 56234 b
5170	5170	HB3575 - 145 - LRB103 29826 RLC 56234 b
5171	5171	1 identification number plate, or affix a new plate bearing the
5172	5172	2 original manufacturer's vehicle identification number on each
5173	5173	3 such vehicle and on all necessary parts of the vehicles. A
5174	5174	4 vehicle identification number so affixed, restored, restamped,
5175	5175	5 reaffixed or replaced is not falsified, altered or forged
5176	5176	6 within the meaning of this Act.
5177	5177	7 (h-1) A person engaged in the repair or servicing of
5178	5178	8 vehicles may reaffix a manufacturer's identification number
5179	5179	9 plate on the same damaged vehicle from which it was originally
5180	5180	10 removed, if the person reaffixes the original manufacturer's
5181	5181	11 identification number plate in place of the identification
5182	5182	12 number plate affixed on a new dashboard that has been
5183	5183	13 installed in the vehicle. The person must notify the Secretary
5184	5184	14 of State each time the original manufacturer's identification
5185	5185	15 number plate is reaffixed on a vehicle. The person must keep a
5186	5186	16 record indicating that the identification number plate affixed
5187	5187	17 on the new dashboard has been removed and has been replaced by
5188	5188	18 the manufacturer's identification number plate originally
5189	5189	19 affixed on the vehicle. The person also must keep a record
5190	5190	20 regarding the status and location of the identification number
5191	5191	21 plate removed from the replacement dashboard. The Secretary
5192	5192	22 shall adopt rules for implementing this subsection (h-1).
5193	5193	23 (h-2) The owner of a vehicle repaired under subsection
5194	5194	24 (h-1) must, within 90 days of the date of the repairs, contact
5195	5195	25 an officer of the Illinois State Police Vehicle Inspection
5196	5196	26 Bureau and arrange for an inspection of the vehicle, by the
5197	5197
5198	5198
5199	5199
5200	5200
5201	5201
5202	5202	HB3575 - 145 - LRB103 29826 RLC 56234 b
5203	5203
5204	5204
5205	5205	HB3575- 146 -LRB103 29826 RLC 56234 b HB3575 - 146 - LRB103 29826 RLC 56234 b
5206	5206	HB3575 - 146 - LRB103 29826 RLC 56234 b
5207	5207	1 officer or the officer's designee, at a mutually agreed upon
5208	5208	2 date and location.
5209	5209	3 (i) If a vehicle or part of any vehicle is found to have
5210	5210	4 the manufacturer's identification number removed, altered,
5211	5211	5 defaced or destroyed, the vehicle or part shall be seized by
5212	5212	6 any law enforcement agency having jurisdiction and held for
5213	5213	7 the purpose of identification. In the event that the
5214	5214	8 manufacturer's identification number of a vehicle or part
5215	5215	9 cannot be identified, the vehicle or part shall be considered
5216	5216	10 contraband, and no right of property shall exist in any person
5217	5217	11 owning, leasing or possessing such property, unless the person
5218	5218	12 owning, leasing or possessing the vehicle or part acquired
5219	5219	13 such without knowledge that the manufacturer's vehicle
5220	5220	14 identification number has been removed, altered, defaced,
5221	5221	15 falsified or destroyed.
5222	5222	16 Either the seizing law enforcement agency or the State's
5223	5223	17 Attorney of the county where the seizure occurred may make an
5224	5224	18 application for an order of forfeiture to the circuit court in
5225	5225	19 the county of seizure. The application for forfeiture shall be
5226	5226	20 independent from any prosecution arising out of the seizure
5227	5227	21 and is not subject to any final determination of such
5228	5228	22 prosecution. The circuit court shall issue an order forfeiting
5229	5229	23 the property to the seizing law enforcement agency if the
5230	5230	24 court finds that the property did not at the time of seizure
5231	5231	25 possess a valid manufacturer's identification number and that
5232	5232	26 the original manufacturer's identification number cannot be
5233	5233
5234	5234
5235	5235
5236	5236
5237	5237
5238	5238	HB3575 - 146 - LRB103 29826 RLC 56234 b
5239	5239
5240	5240
5241	5241	HB3575- 147 -LRB103 29826 RLC 56234 b HB3575 - 147 - LRB103 29826 RLC 56234 b
5242	5242	HB3575 - 147 - LRB103 29826 RLC 56234 b
5243	5243	1 ascertained. The seizing law enforcement agency may:
5244	5244	2 (1) retain the forfeited property for official use; or
5245	5245	3 (2) sell the forfeited property and distribute the
5246	5246	4 proceeds in accordance with Section 4-211 of this Code, or
5247	5247	5 dispose of the forfeited property in such manner as the
5248	5248	6 law enforcement agency deems appropriate.
5249	5249	7 (i-1) If a motorcycle is seized under subsection (i), the
5250	5250	8 motorcycle must be returned within 45 days of the date of
5251	5251	9 seizure to the person from whom it was seized, unless (i)
5252	5252	10 criminal charges are pending against that person or (ii) an
5253	5253	11 application for an order of forfeiture has been submitted to
5254	5254	12 the circuit in the county of seizure or (iii) the circuit court
5255	5255	13 in the county of seizure has received from the seizing law
5256	5256	14 enforcement agency and has granted a petition to extend, for a
5257	5257	15 single 30 day period, the 45 days allowed for return of the
5258	5258	16 motorcycle. Except as provided in subsection (i-2), a
5259	5259	17 motorcycle returned to the person from whom it was seized must
5260	5260	18 be returned in essentially the same condition it was in at the
5261	5261	19 time of seizure.
5262	5262	20 (i-2) If any part or parts of a motorcycle seized under
5263	5263	21 subsection (i) are found to be stolen and are removed, the
5264	5264	22 seizing law enforcement agency is not required to replace the
5265	5265	23 part or parts before returning the motorcycle to the person
5266	5266	24 from whom it was seized.
5267	5267	25 (j) The Illinois State Police or the Secretary of State
5268	5268	26 Department of Police shall notify the Secretary of State each
5269	5269
5270	5270
5271	5271
5272	5272
5273	5273
5274	5274	HB3575 - 147 - LRB103 29826 RLC 56234 b
5275	5275
5276	5276
5277	5277	HB3575- 148 -LRB103 29826 RLC 56234 b HB3575 - 148 - LRB103 29826 RLC 56234 b
5278	5278	HB3575 - 148 - LRB103 29826 RLC 56234 b
5279	5279	1 time a manufacturer's vehicle identification number is
5280	5280	2 affixed, reaffixed, restored or restamped on any vehicle. The
5281	5281	3 Secretary of State shall make the necessary changes or
5282	5282	4 corrections in his records, after the proper applications and
5283	5283	5 fees have been submitted, if applicable.
5284	5284	6 (k) Any vessel, vehicle or aircraft used with knowledge
5285	5285	7 and consent of the owner in the commission of, or in the
5286	5286	8 attempt to commit as defined in Section 8-4 of the Criminal
5287	5287	9 Code of 2012, an offense prohibited by Section 4-103 of this
5288	5288	10 Chapter, including transporting of a stolen vehicle or stolen
5289	5289	11 vehicle parts, shall be seized by any law enforcement agency.
5290	5290	12 The seizing law enforcement agency may:
5291	5291	13 (1) return the vehicle to its owner if such vehicle is
5292	5292	14 stolen; or
5293	5293	15 (2) confiscate the vehicle and retain it for any
5294	5294	16 purpose which the law enforcement agency deems
5295	5295	17 appropriate; or
5296	5296	18 (3) sell the vehicle at a public sale or dispose of the
5297	5297	19 vehicle in such other manner as the law enforcement agency
5298	5298	20 deems appropriate.
5299	5299	21 If the vehicle is sold at public sale, the proceeds of the
5300	5300	22 sale shall be paid to the law enforcement agency.
5301	5301	23 The law enforcement agency shall not retain, sell or
5302	5302	24 dispose of a vehicle under paragraphs (2) or (3) of this
5303	5303	25 subsection (k) except upon an order of forfeiture issued by
5304	5304	26 the circuit court. The circuit court may issue such order of
5305	5305
5306	5306
5307	5307
5308	5308
5309	5309
5310	5310	HB3575 - 148 - LRB103 29826 RLC 56234 b
5311	5311
5312	5312
5313	5313	HB3575- 149 -LRB103 29826 RLC 56234 b HB3575 - 149 - LRB103 29826 RLC 56234 b
5314	5314	HB3575 - 149 - LRB103 29826 RLC 56234 b
5315	5315	1 forfeiture upon application of the law enforcement agency or
5316	5316	2 State's Attorney of the county where the law enforcement
5317	5317	3 agency has jurisdiction, or in the case of the Illinois State
5318	5318	4 Police or the Secretary of State, upon application of the
5319	5319	5 Attorney General.
5320	5320	6 The court shall issue the order if the owner of the vehicle
5321	5321	7 has been convicted of transporting stolen vehicles or stolen
5322	5322	8 vehicle parts and the evidence establishes that the owner's
5323	5323	9 vehicle has been used in the commission of such offense.
5324	5324	10 The provisions of subsection (k) of this Section shall not
5325	5325	11 apply to any vessel, vehicle or aircraft, which has been
5326	5326	12 leased, rented or loaned by its owner, if the owner did not
5327	5327	13 have knowledge of and consent to the use of the vessel, vehicle
5328	5328	14 or aircraft in the commission of, or in an attempt to commit,
5329	5329	15 an offense prohibited by Section 4-103 of this Chapter.
5330	5330	16 (Source: P.A. 102-538, eff. 8-20-21.)
5331	5331	17 (625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
5332	5332	18 (Text of Section before amendment by P.A. 102-982)
5333	5333	19 Sec. 5-101. New vehicle dealers must be licensed.
5334	5334	20 (a) No person shall engage in this State in the business of
5335	5335	21 selling or dealing in, on consignment or otherwise, new
5336	5336	22 vehicles of any make, or act as an intermediary or agent or
5337	5337	23 broker for any licensed dealer or vehicle purchaser other than
5338	5338	24 as a salesperson, or represent or advertise that he is so
5339	5339	25 engaged or intends to so engage in such business unless
5340	5340
5341	5341
5342	5342
5343	5343
5344	5344
5345	5345	HB3575 - 149 - LRB103 29826 RLC 56234 b
5346	5346
5347	5347
5348	5348	HB3575- 150 -LRB103 29826 RLC 56234 b HB3575 - 150 - LRB103 29826 RLC 56234 b
5349	5349	HB3575 - 150 - LRB103 29826 RLC 56234 b
5350	5350	1 licensed to do so in writing by the Secretary of State under
5351	5351	2 the provisions of this Section.
5352	5352	3 (b) An application for a new vehicle dealer's license
5353	5353	4 shall be filed with the Secretary of State, duly verified by
5354	5354	5 oath, on such form as the Secretary of State may by rule or
5355	5355	6 regulation prescribe and shall contain:
5356	5356	7 1. The name and type of business organization of the
5357	5357	8 applicant and his established and additional places of
5358	5358	9 business, if any, in this State.
5359	5359	10 2. If the applicant is a corporation, a list of its
5360	5360	11 officers, directors, and shareholders having a ten percent
5361	5361	12 or greater ownership interest in the corporation, setting
5362	5362	13 forth the residence address of each; if the applicant is a
5363	5363	14 sole proprietorship, a partnership, an unincorporated
5364	5364	15 association, a trust, or any similar form of business
5365	5365	16 organization, the name and residence address of the
5366	5366	17 proprietor or of each partner, member, officer, director,
5367	5367	18 trustee, or manager.
5368	5368	19 3. The make or makes of new vehicles which the
5369	5369	20 applicant will offer for sale at retail in this State.
5370	5370	21 4. The name of each manufacturer or franchised
5371	5371	22 distributor, if any, of new vehicles with whom the
5372	5372	23 applicant has contracted for the sale of such new
5373	5373	24 vehicles. As evidence of this fact, the application shall
5374	5374	25 be accompanied by a signed statement from each such
5375	5375	26 manufacturer or franchised distributor. If the applicant
5376	5376
5377	5377
5378	5378
5379	5379
5380	5380
5381	5381	HB3575 - 150 - LRB103 29826 RLC 56234 b
5382	5382
5383	5383
5384	5384	HB3575- 151 -LRB103 29826 RLC 56234 b HB3575 - 151 - LRB103 29826 RLC 56234 b
5385	5385	HB3575 - 151 - LRB103 29826 RLC 56234 b
5386	5386	1 is in the business of offering for sale new conversion
5387	5387	2 vehicles, trucks or vans, except for trucks modified to
5388	5388	3 serve a special purpose which includes but is not limited
5389	5389	4 to the following vehicles: street sweepers, fertilizer
5390	5390	5 spreaders, emergency vehicles, implements of husbandry or
5391	5391	6 maintenance type vehicles, he must furnish evidence of a
5392	5392	7 sales and service agreement from both the chassis
5393	5393	8 manufacturer and second stage manufacturer.
5394	5394	9 5. A statement that the applicant has been approved
5395	5395	10 for registration under the Retailers' Occupation Tax Act
5396	5396	11 by the Department of Revenue: Provided that this
5397	5397	12 requirement does not apply to a dealer who is already
5398	5398	13 licensed hereunder with the Secretary of State, and who is
5399	5399	14 merely applying for a renewal of his license. As evidence
5400	5400	15 of this fact, the application shall be accompanied by a
5401	5401	16 certification from the Department of Revenue showing that
5402	5402	17 that Department has approved the applicant for
5403	5403	18 registration under the Retailers' Occupation Tax Act.
5404	5404	19 6. A statement that the applicant has complied with
5405	5405	20 the appropriate liability insurance requirement. A
5406	5406	21 Certificate of Insurance in a solvent company authorized
5407	5407	22 to do business in the State of Illinois shall be included
5408	5408	23 with each application covering each location at which he
5409	5409	24 proposes to act as a new vehicle dealer. The policy must
5410	5410	25 provide liability coverage in the minimum amounts of
5411	5411	26 $100,000 for bodily injury to, or death of, any person,
5412	5412
5413	5413
5414	5414
5415	5415
5416	5416
5417	5417	HB3575 - 151 - LRB103 29826 RLC 56234 b
5418	5418
5419	5419
5420	5420	HB3575- 152 -LRB103 29826 RLC 56234 b HB3575 - 152 - LRB103 29826 RLC 56234 b
5421	5421	HB3575 - 152 - LRB103 29826 RLC 56234 b
5422	5422	1 $300,000 for bodily injury to, or death of, two or more
5423	5423	2 persons in any one accident, and $50,000 for damage to
5424	5424	3 property. Such policy shall expire not sooner than
5425	5425	4 December 31 of the year for which the license was issued or
5426	5426	5 renewed. The expiration of the insurance policy shall not
5427	5427	6 terminate the liability under the policy arising during
5428	5428	7 the period for which the policy was filed. Trailer and
5429	5429	8 mobile home dealers are exempt from this requirement.
5430	5430	9 If the permitted user has a liability insurance policy
5431	5431	10 that provides automobile liability insurance coverage of
5432	5432	11 at least $100,000 for bodily injury to or the death of any
5433	5433	12 person, $300,000 for bodily injury to or the death of any 2
5434	5434	13 or more persons in any one accident, and $50,000 for
5435	5435	14 damage to property, then the permitted user's insurer
5436	5436	15 shall be the primary insurer and the dealer's insurer
5437	5437	16 shall be the secondary insurer. If the permitted user does
5438	5438	17 not have a liability insurance policy that provides
5439	5439	18 automobile liability insurance coverage of at least
5440	5440	19 $100,000 for bodily injury to or the death of any person,
5441	5441	20 $300,000 for bodily injury to or the death of any 2 or more
5442	5442	21 persons in any one accident, and $50,000 for damage to
5443	5443	22 property, or does not have any insurance at all, then the
5444	5444	23 dealer's insurer shall be the primary insurer and the
5445	5445	24 permitted user's insurer shall be the secondary insurer.
5446	5446	25 When a permitted user is "test driving" a new vehicle
5447	5447	26 dealer's automobile, the new vehicle dealer's insurance
5448	5448
5449	5449
5450	5450
5451	5451
5452	5452
5453	5453	HB3575 - 152 - LRB103 29826 RLC 56234 b
5454	5454
5455	5455
5456	5456	HB3575- 153 -LRB103 29826 RLC 56234 b HB3575 - 153 - LRB103 29826 RLC 56234 b
5457	5457	HB3575 - 153 - LRB103 29826 RLC 56234 b
5458	5458	1 shall be primary and the permitted user's insurance shall
5459	5459	2 be secondary.
5460	5460	3 As used in this paragraph 6, a "permitted user" is a
5461	5461	4 person who, with the permission of the new vehicle dealer
5462	5462	5 or an employee of the new vehicle dealer, drives a vehicle
5463	5463	6 owned and held for sale or lease by the new vehicle dealer
5464	5464	7 which the person is considering to purchase or lease, in
5465	5465	8 order to evaluate the performance, reliability, or
5466	5466	9 condition of the vehicle. The term "permitted user" also
5467	5467	10 includes a person who, with the permission of the new
5468	5468	11 vehicle dealer, drives a vehicle owned or held for sale or
5469	5469	12 lease by the new vehicle dealer for loaner purposes while
5470	5470	13 the user's vehicle is being repaired or evaluated.
5471	5471	14 As used in this paragraph 6, "test driving" occurs
5472	5472	15 when a permitted user who, with the permission of the new
5473	5473	16 vehicle dealer or an employee of the new vehicle dealer,
5474	5474	17 drives a vehicle owned and held for sale or lease by a new
5475	5475	18 vehicle dealer that the person is considering to purchase
5476	5476	19 or lease, in order to evaluate the performance,
5477	5477	20 reliability, or condition of the vehicle.
5478	5478	21 As used in this paragraph 6, "loaner purposes" means
5479	5479	22 when a person who, with the permission of the new vehicle
5480	5480	23 dealer, drives a vehicle owned or held for sale or lease by
5481	5481	24 the new vehicle dealer while the user's vehicle is being
5482	5482	25 repaired or evaluated.
5483	5483	26 7. (A) An application for a new motor vehicle dealer's
5484	5484
5485	5485
5486	5486
5487	5487
5488	5488
5489	5489	HB3575 - 153 - LRB103 29826 RLC 56234 b
5490	5490
5491	5491
5492	5492	HB3575- 154 -LRB103 29826 RLC 56234 b HB3575 - 154 - LRB103 29826 RLC 56234 b
5493	5493	HB3575 - 154 - LRB103 29826 RLC 56234 b
5494	5494	1 license shall be accompanied by the following license
5495	5495	2 fees:
5496	5496	3 (i) $1,000 for applicant's established place of
5497	5497	4 business, and $100 for each additional place of
5498	5498	5 business, if any, to which the application pertains;
5499	5499	6 but if the application is made after June 15 of any
5500	5500	7 year, the license fee shall be $500 for applicant's
5501	5501	8 established place of business plus $50 for each
5502	5502	9 additional place of business, if any, to which the
5503	5503	10 application pertains. License fees shall be returnable
5504	5504	11 only in the event that the application is denied by the
5505	5505	12 Secretary of State. All moneys received by the
5506	5506	13 Secretary of State as license fees under this
5507	5507	14 subparagraph (i) prior to applications for the 2004
5508	5508	15 licensing year shall be deposited into the Motor
5509	5509	16 Vehicle Review Board Fund and shall be used to
5510	5510	17 administer the Motor Vehicle Review Board under the
5511	5511	18 Motor Vehicle Franchise Act. Of the money received by
5512	5512	19 the Secretary of State as license fees under this
5513	5513	20 subparagraph (i) for the 2004 licensing year and
5514	5514	21 thereafter, 10% shall be deposited into the Motor
5515	5515	22 Vehicle Review Board Fund and shall be used to
5516	5516	23 administer the Motor Vehicle Review Board under the
5517	5517	24 Motor Vehicle Franchise Act and 90% shall be deposited
5518	5518	25 into the General Revenue Fund.
5519	5519	26 (ii) Except for dealers selling 25 or fewer
5520	5520
5521	5521
5522	5522
5523	5523
5524	5524
5525	5525	HB3575 - 154 - LRB103 29826 RLC 56234 b
5526	5526
5527	5527
5528	5528	HB3575- 155 -LRB103 29826 RLC 56234 b HB3575 - 155 - LRB103 29826 RLC 56234 b
5529	5529	HB3575 - 155 - LRB103 29826 RLC 56234 b
5530	5530	1 automobiles or as provided in subsection (h) of
5531	5531	2 Section 5-102.7 of this Code, an Annual Dealer
5532	5532	3 Recovery Fund Fee in the amount of $500 for the
5533	5533	4 applicant's established place of business, and $50 for
5534	5534	5 each additional place of business, if any, to which
5535	5535	6 the application pertains; but if the application is
5536	5536	7 made after June 15 of any year, the fee shall be $250
5537	5537	8 for the applicant's established place of business plus
5538	5538	9 $25 for each additional place of business, if any, to
5539	5539	10 which the application pertains. For a license renewal
5540	5540	11 application, the fee shall be based on the amount of
5541	5541	12 automobiles sold in the past year according to the
5542	5542	13 following formula:
5543	5543	14 (1) $0 for dealers selling 25 or less
5544	5544	15 automobiles;
5545	5545	16 (2) $150 for dealers selling more than 25 but
5546	5546	17 less than 200 automobiles;
5547	5547	18 (3) $300 for dealers selling 200 or more
5548	5548	19 automobiles but less than 300 automobiles; and
5549	5549	20 (4) $500 for dealers selling 300 or more
5550	5550	21 automobiles.
5551	5551	22 License fees shall be returnable only in the event
5552	5552	23 that the application is denied by the Secretary of
5553	5553	24 State. Moneys received under this subparagraph (ii)
5554	5554	25 shall be deposited into the Dealer Recovery Trust
5555	5555	26 Fund.
5556	5556
5557	5557
5558	5558
5559	5559
5560	5560
5561	5561	HB3575 - 155 - LRB103 29826 RLC 56234 b
5562	5562
5563	5563
5564	5564	HB3575- 156 -LRB103 29826 RLC 56234 b HB3575 - 156 - LRB103 29826 RLC 56234 b
5565	5565	HB3575 - 156 - LRB103 29826 RLC 56234 b
5566	5566	1 (B) An application for a new vehicle dealer's license,
5567	5567	2 other than for a new motor vehicle dealer's license, shall
5568	5568	3 be accompanied by the following license fees:
5569	5569	4 (i) $1,000 for applicant's established place of
5570	5570	5 business, and $50 for each additional place of
5571	5571	6 business, if any, to which the application pertains;
5572	5572	7 but if the application is made after June 15 of any
5573	5573	8 year, the license fee shall be $500 for applicant's
5574	5574	9 established place of business plus $25 for each
5575	5575	10 additional place of business, if any, to which the
5576	5576	11 application pertains. License fees shall be returnable
5577	5577	12 only in the event that the application is denied by the
5578	5578	13 Secretary of State. Of the money received by the
5579	5579	14 Secretary of State as license fees under this
5580	5580	15 subparagraph (i) for the 2004 licensing year and
5581	5581	16 thereafter, 95% shall be deposited into the General
5582	5582	17 Revenue Fund.
5583	5583	18 (ii) Except as provided in subsection (h) of
5584	5584	19 Section 5-102.7 of this Code, an Annual Dealer
5585	5585	20 Recovery Fund Fee in the amount of $500 for the
5586	5586	21 applicant's established place of business, and $50 for
5587	5587	22 each additional place of business, if any, to which
5588	5588	23 the application pertains; but if the application is
5589	5589	24 made after June 15 of any year, the fee shall be $250
5590	5590	25 for the applicant's established place of business plus
5591	5591	26 $25 for each additional place of business, if any, to
5592	5592
5593	5593
5594	5594
5595	5595
5596	5596
5597	5597	HB3575 - 156 - LRB103 29826 RLC 56234 b
5598	5598
5599	5599
5600	5600	HB3575- 157 -LRB103 29826 RLC 56234 b HB3575 - 157 - LRB103 29826 RLC 56234 b
5601	5601	HB3575 - 157 - LRB103 29826 RLC 56234 b
5602	5602	1 which the application pertains. License fees shall be
5603	5603	2 returnable only in the event that the application is
5604	5604	3 denied by the Secretary of State. Moneys received
5605	5605	4 under this subparagraph (ii) shall be deposited into
5606	5606	5 the Dealer Recovery Trust Fund.
5607	5607	6 8. A statement that the applicant's officers,
5608	5608	7 directors, shareholders having a 10% or greater ownership
5609	5609	8 interest therein, proprietor, a partner, member, officer,
5610	5610	9 director, trustee, manager or other principals in the
5611	5611	10 business have not committed in the past 3 years any one
5612	5612	11 violation as determined in any civil, criminal or
5613	5613	12 administrative proceedings of any one of the following
5614	5614	13 Acts:
5615	5615	14 (A) The Anti-Theft Laws of the Illinois Vehicle
5616	5616	15 Code;
5617	5617	16 (B) The Certificate of Title Laws of the Illinois
5618	5618	17 Vehicle Code;
5619	5619	18 (C) The Offenses against Registration and
5620	5620	19 Certificates of Title Laws of the Illinois Vehicle
5621	5621	20 Code;
5622	5622	21 (D) The Dealers, Transporters, Wreckers and
5623	5623	22 Rebuilders Laws of the Illinois Vehicle Code;
5624	5624	23 (E) Section 21-2 of the Criminal Code of 1961 or
5625	5625	24 the Criminal Code of 2012, Criminal Trespass to
5626	5626	25 Vehicles; or
5627	5627	26 (F) The Retailers' Occupation Tax Act.
5628	5628
5629	5629
5630	5630
5631	5631
5632	5632
5633	5633	HB3575 - 157 - LRB103 29826 RLC 56234 b
5634	5634
5635	5635
5636	5636	HB3575- 158 -LRB103 29826 RLC 56234 b HB3575 - 158 - LRB103 29826 RLC 56234 b
5637	5637	HB3575 - 158 - LRB103 29826 RLC 56234 b
5638	5638	1 9. A statement that the applicant's officers,
5639	5639	2 directors, shareholders having a 10% or greater ownership
5640	5640	3 interest therein, proprietor, partner, member, officer,
5641	5641	4 director, trustee, manager or other principals in the
5642	5642	5 business have not committed in any calendar year 3 or more
5643	5643	6 violations, as determined in any civil, criminal or
5644	5644	7 administrative proceedings, of any one or more of the
5645	5645	8 following Acts:
5646	5646	9 (A) The Consumer Finance Act;
5647	5647	10 (B) The Consumer Installment Loan Act;
5648	5648	11 (C) The Retail Installment Sales Act;
5649	5649	12 (D) The Motor Vehicle Retail Installment Sales
5650	5650	13 Act;
5651	5651	14 (E) The Interest Act;
5652	5652	15 (F) The Illinois Wage Assignment Act;
5653	5653	16 (G) Part 8 of Article XII of the Code of Civil
5654	5654	17 Procedure; or
5655	5655	18 (H) The Consumer Fraud Act.
5656	5656	19 9.5. A statement that, within 10 years of application,
5657	5657	20 each officer, director, shareholder having a 10% or
5658	5658	21 greater ownership interest therein, proprietor, partner,
5659	5659	22 member, officer, director, trustee, manager, or other
5660	5660	23 principal in the business of the applicant has not
5661	5661	24 committed, as determined in any civil, criminal, or
5662	5662	25 administrative proceeding, in any calendar year one or
5663	5663	26 more forcible felonies under the Criminal Code of 1961 or
5664	5664
5665	5665
5666	5666
5667	5667
5668	5668
5669	5669	HB3575 - 158 - LRB103 29826 RLC 56234 b
5670	5670
5671	5671
5672	5672	HB3575- 159 -LRB103 29826 RLC 56234 b HB3575 - 159 - LRB103 29826 RLC 56234 b
5673	5673	HB3575 - 159 - LRB103 29826 RLC 56234 b
5674	5674	1 the Criminal Code of 2012, or a violation of either or both
5675	5675	2 Article 16 or 17 of the Criminal Code of 1961 or a
5676	5676	3 violation of either or both Article 16 or 17 of the
5677	5677	4 Criminal Code of 2012, Article 29B of the Criminal Code of
5678	5678	5 1961 or the Criminal Code of 2012, or a similar
5679	5679	6 out-of-state offense. For the purposes of this paragraph,
5680	5680	7 "forcible felony" has the meaning provided in Section 2-8
5681	5681	8 of the Criminal Code of 2012.
5682	5682	9 10. A bond or certificate of deposit in the amount of
5683	5683	10 $50,000 for each location at which the applicant intends
5684	5684	11 to act as a new vehicle dealer. The bond shall be for the
5685	5685	12 term of the license, or its renewal, for which application
5686	5686	13 is made, and shall expire not sooner than December 31 of
5687	5687	14 the year for which the license was issued or renewed. The
5688	5688	15 bond shall run to the People of the State of Illinois, with
5689	5689	16 surety by a bonding or insurance company authorized to do
5690	5690	17 business in this State. It shall be conditioned upon the
5691	5691	18 proper transmittal of all title and registration fees and
5692	5692	19 taxes (excluding taxes under the Retailers' Occupation Tax
5693	5693	20 Act) accepted by the applicant as a new vehicle dealer.
5694	5694	21 11. Such other information concerning the business of
5695	5695	22 the applicant as the Secretary of State may by rule or
5696	5696	23 regulation prescribe.
5697	5697	24 12. A statement that the applicant understands Chapter
5698	5698	25 1 through Chapter 5 of this Code.
5699	5699	26 13. The full name, address, and contact information of
5700	5700
5701	5701
5702	5702
5703	5703
5704	5704
5705	5705	HB3575 - 159 - LRB103 29826 RLC 56234 b
5706	5706
5707	5707
5708	5708	HB3575- 160 -LRB103 29826 RLC 56234 b HB3575 - 160 - LRB103 29826 RLC 56234 b
5709	5709	HB3575 - 160 - LRB103 29826 RLC 56234 b
5710	5710	1 each of the dealer's agents or legal representatives who
5711	5711	2 is an Illinois resident and liable for the performance of
5712	5712	3 the dealership.
5713	5713	4 (c) Any change which renders no longer accurate any
5714	5714	5 information contained in any application for a new vehicle
5715	5715	6 dealer's license shall be amended within 30 days after the
5716	5716	7 occurrence of such change on such form as the Secretary of
5717	5717	8 State may prescribe by rule or regulation, accompanied by an
5718	5718	9 amendatory fee of $2.
5719	5719	10 (d) Anything in this Chapter 5 to the contrary
5720	5720	11 notwithstanding no person shall be licensed as a new vehicle
5721	5721	12 dealer unless:
5722	5722	13 1. He is authorized by contract in writing between
5723	5723	14 himself and the manufacturer or franchised distributor of
5724	5724	15 such make of vehicle to so sell the same in this State, and
5725	5725	16 2. Such person shall maintain an established place of
5726	5726	17 business as defined in this Act.
5727	5727	18 (e) The Secretary of State shall, within a reasonable time
5728	5728	19 after receipt, examine an application submitted to him under
5729	5729	20 this Section and unless he makes a determination that the
5730	5730	21 application submitted to him does not conform with the
5731	5731	22 requirements of this Section or that grounds exist for a
5732	5732	23 denial of the application, under Section 5-501 of this
5733	5733	24 Chapter, grant the applicant an original new vehicle dealer's
5734	5734	25 license in writing for his established place of business and a
5735	5735	26 supplemental license in writing for each additional place of
5736	5736
5737	5737
5738	5738
5739	5739
5740	5740
5741	5741	HB3575 - 160 - LRB103 29826 RLC 56234 b
5742	5742
5743	5743
5744	5744	HB3575- 161 -LRB103 29826 RLC 56234 b HB3575 - 161 - LRB103 29826 RLC 56234 b
5745	5745	HB3575 - 161 - LRB103 29826 RLC 56234 b
5746	5746	1 business in such form as he may prescribe by rule or regulation
5747	5747	2 which shall include the following:
5748	5748	3 1. The name of the person licensed;
5749	5749	4 2. If a corporation, the name and address of its
5750	5750	5 officers or if a sole proprietorship, a partnership, an
5751	5751	6 unincorporated association or any similar form of business
5752	5752	7 organization, the name and address of the proprietor or of
5753	5753	8 each partner, member, officer, director, trustee or
5754	5754	9 manager;
5755	5755	10 3. In the case of an original license, the established
5756	5756	11 place of business of the licensee;
5757	5757	12 4. In the case of a supplemental license, the
5758	5758	13 established place of business of the licensee and the
5759	5759	14 additional place of business to which such supplemental
5760	5760	15 license pertains;
5761	5761	16 5. The make or makes of new vehicles which the
5762	5762	17 licensee is licensed to sell;
5763	5763	18 6. The full name, address, and contact information of
5764	5764	19 each of the dealer's agents or legal representatives who
5765	5765	20 is an Illinois resident and liable for the performance of
5766	5766	21 the dealership.
5767	5767	22 (f) The appropriate instrument evidencing the license or a
5768	5768	23 certified copy thereof, provided by the Secretary of State,
5769	5769	24 shall be kept posted conspicuously in the established place of
5770	5770	25 business of the licensee and in each additional place of
5771	5771	26 business, if any, maintained by such licensee.
5772	5772
5773	5773
5774	5774
5775	5775
5776	5776
5777	5777	HB3575 - 161 - LRB103 29826 RLC 56234 b
5778	5778
5779	5779
5780	5780	HB3575- 162 -LRB103 29826 RLC 56234 b HB3575 - 162 - LRB103 29826 RLC 56234 b
5781	5781	HB3575 - 162 - LRB103 29826 RLC 56234 b
5782	5782	1 (g) Except as provided in subsection (h) hereof, all new
5783	5783	2 vehicle dealer's licenses granted under this Section shall
5784	5784	3 expire by operation of law on December 31 of the calendar year
5785	5785	4 for which they are granted unless sooner revoked or cancelled
5786	5786	5 under the provisions of Section 5-501 of this Chapter.
5787	5787	6 (h) A new vehicle dealer's license may be renewed upon
5788	5788	7 application and payment of the fee required herein, and
5789	5789	8 submission of proof of coverage under an approved bond under
5790	5790	9 the Retailers' Occupation Tax Act or proof that applicant is
5791	5791	10 not subject to such bonding requirements, as in the case of an
5792	5792	11 original license, but in case an application for the renewal
5793	5793	12 of an effective license is made during the month of December,
5794	5794	13 the effective license shall remain in force until the
5795	5795	14 application is granted or denied by the Secretary of State.
5796	5796	15 (i) All persons licensed as a new vehicle dealer are
5797	5797	16 required to furnish each purchaser of a motor vehicle:
5798	5798	17 1. In the case of a new vehicle a manufacturer's
5799	5799	18 statement of origin and in the case of a used motor vehicle
5800	5800	19 a certificate of title, in either case properly assigned
5801	5801	20 to the purchaser;
5802	5802	21 2. A statement verified under oath that all
5803	5803	22 identifying numbers on the vehicle agree with those on the
5804	5804	23 certificate of title or manufacturer's statement of
5805	5805	24 origin;
5806	5806	25 3. A bill of sale properly executed on behalf of such
5807	5807	26 person;
5808	5808
5809	5809
5810	5810
5811	5811
5812	5812
5813	5813	HB3575 - 162 - LRB103 29826 RLC 56234 b
5814	5814
5815	5815
5816	5816	HB3575- 163 -LRB103 29826 RLC 56234 b HB3575 - 163 - LRB103 29826 RLC 56234 b
5817	5817	HB3575 - 163 - LRB103 29826 RLC 56234 b
5818	5818	1 4. A copy of the Uniform Invoice-transaction reporting
5819	5819	2 return referred to in Section 5-402 hereof;
5820	5820	3 5. In the case of a rebuilt vehicle, a copy of the
5821	5821	4 Disclosure of Rebuilt Vehicle Status; and
5822	5822	5 6. In the case of a vehicle for which the warranty has
5823	5823	6 been reinstated, a copy of the warranty.
5824	5824	7 (j) Except at the time of sale or repossession of the
5825	5825	8 vehicle, no person licensed as a new vehicle dealer may issue
5826	5826	9 any other person a newly created key to a vehicle unless the
5827	5827	10 new vehicle dealer makes a color photocopy or electronic scan
5828	5828	11 of the driver's license or State identification card of the
5829	5829	12 person requesting or obtaining the newly created key. The new
5830	5830	13 vehicle dealer must retain the photocopy or scan for 30 days.
5831	5831	14 A new vehicle dealer who violates this subsection (j) is
5832	5832	15 guilty of a petty offense. Violation of this subsection (j) is
5833	5833	16 not cause to suspend, revoke, cancel, or deny renewal of the
5834	5834	17 new vehicle dealer's license.
5835	5835	18 This amendatory Act of 1983 shall be applicable to the
5836	5836	19 1984 registration year and thereafter.
5837	5837	20 (k) If a licensee under this Section voluntarily
5838	5838	21 surrenders a license to the Illinois Secretary of State Police
5839	5839	22 or a representative of the Secretary of State Vehicle Services
5840	5840	23 Department due to the licensee's inability to adhere to
5841	5841	24 recordkeeping provisions, or the inability to properly issue
5842	5842	25 certificates of title or registrations under this Code, or the
5843	5843	26 Secretary revokes a license under this Section, then the
5844	5844
5845	5845
5846	5846
5847	5847
5848	5848
5849	5849	HB3575 - 163 - LRB103 29826 RLC 56234 b
5850	5850
5851	5851
5852	5852	HB3575- 164 -LRB103 29826 RLC 56234 b HB3575 - 164 - LRB103 29826 RLC 56234 b
5853	5853	HB3575 - 164 - LRB103 29826 RLC 56234 b
5854	5854	1 licensee and the licensee's agent, designee, or legal
5855	5855	2 representative, if applicable, may not be named on a new
5856	5856	3 application for a licensee under this Section or under this
5857	5857	4 Chapter, nor is the licensee or the licensee's agent,
5858	5858	5 designee, or legal representative permitted to work for
5859	5859	6 another licensee under this Chapter in a recordkeeping,
5860	5860	7 management, or financial position or as an employee who
5861	5861	8 handles certificate of title and registration documents and
5862	5862	9 applications.
5863	5863	10 (Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22.)
5864	5864	11 (Text of Section after amendment by P.A. 102-982)
5865	5865	12 Sec. 5-101. New vehicle dealers must be licensed.
5866	5866	13 (a) No person shall engage in this State in the business of
5867	5867	14 selling or dealing in, on consignment or otherwise, new
5868	5868	15 vehicles of any make, or act as an intermediary or agent or
5869	5869	16 broker for any licensed dealer or vehicle purchaser other than
5870	5870	17 as a salesperson, or represent or advertise that he is so
5871	5871	18 engaged or intends to so engage in such business unless
5872	5872	19 licensed to do so in writing by the Secretary of State under
5873	5873	20 the provisions of this Section.
5874	5874	21 (b) An application for a new vehicle dealer's license
5875	5875	22 shall be filed with the Secretary of State, duly verified by
5876	5876	23 oath, on such form as the Secretary of State may by rule or
5877	5877	24 regulation prescribe and shall contain:
5878	5878	25 1. The name and type of business organization of the
5879	5879
5880	5880
5881	5881
5882	5882
5883	5883
5884	5884	HB3575 - 164 - LRB103 29826 RLC 56234 b
5885	5885
5886	5886
5887	5887	HB3575- 165 -LRB103 29826 RLC 56234 b HB3575 - 165 - LRB103 29826 RLC 56234 b
5888	5888	HB3575 - 165 - LRB103 29826 RLC 56234 b
5889	5889	1 applicant and his established and additional places of
5890	5890	2 business, if any, in this State.
5891	5891	3 2. If the applicant is a corporation, a list of its
5892	5892	4 officers, directors, and shareholders having a ten percent
5893	5893	5 or greater ownership interest in the corporation, setting
5894	5894	6 forth the residence address of each; if the applicant is a
5895	5895	7 sole proprietorship, a partnership, an unincorporated
5896	5896	8 association, a trust, or any similar form of business
5897	5897	9 organization, the name and residence address of the
5898	5898	10 proprietor or of each partner, member, officer, director,
5899	5899	11 trustee, or manager.
5900	5900	12 3. The make or makes of new vehicles which the
5901	5901	13 applicant will offer for sale at retail in this State.
5902	5902	14 4. The name of each manufacturer or franchised
5903	5903	15 distributor, if any, of new vehicles with whom the
5904	5904	16 applicant has contracted for the sale of such new
5905	5905	17 vehicles. As evidence of this fact, the application shall
5906	5906	18 be accompanied by a signed statement from each such
5907	5907	19 manufacturer or franchised distributor. If the applicant
5908	5908	20 is in the business of offering for sale new conversion
5909	5909	21 vehicles, trucks or vans, except for trucks modified to
5910	5910	22 serve a special purpose which includes but is not limited
5911	5911	23 to the following vehicles: street sweepers, fertilizer
5912	5912	24 spreaders, emergency vehicles, implements of husbandry or
5913	5913	25 maintenance type vehicles, he must furnish evidence of a
5914	5914	26 sales and service agreement from both the chassis
5915	5915
5916	5916
5917	5917
5918	5918
5919	5919
5920	5920	HB3575 - 165 - LRB103 29826 RLC 56234 b
5921	5921
5922	5922
5923	5923	HB3575- 166 -LRB103 29826 RLC 56234 b HB3575 - 166 - LRB103 29826 RLC 56234 b
5924	5924	HB3575 - 166 - LRB103 29826 RLC 56234 b
5925	5925	1 manufacturer and second stage manufacturer.
5926	5926	2 5. A statement that the applicant has been approved
5927	5927	3 for registration under the Retailers' Occupation Tax Act
5928	5928	4 by the Department of Revenue: Provided that this
5929	5929	5 requirement does not apply to a dealer who is already
5930	5930	6 licensed hereunder with the Secretary of State, and who is
5931	5931	7 merely applying for a renewal of his license. As evidence
5932	5932	8 of this fact, the application shall be accompanied by a
5933	5933	9 certification from the Department of Revenue showing that
5934	5934	10 that Department has approved the applicant for
5935	5935	11 registration under the Retailers' Occupation Tax Act.
5936	5936	12 6. A statement that the applicant has complied with
5937	5937	13 the appropriate liability insurance requirement. A
5938	5938	14 Certificate of Insurance in a solvent company authorized
5939	5939	15 to do business in the State of Illinois shall be included
5940	5940	16 with each application covering each location at which he
5941	5941	17 proposes to act as a new vehicle dealer. The policy must
5942	5942	18 provide liability coverage in the minimum amounts of
5943	5943	19 $100,000 for bodily injury to, or death of, any person,
5944	5944	20 $300,000 for bodily injury to, or death of, two or more
5945	5945	21 persons in any one crash, and $50,000 for damage to
5946	5946	22 property. Such policy shall expire not sooner than
5947	5947	23 December 31 of the year for which the license was issued or
5948	5948	24 renewed. The expiration of the insurance policy shall not
5949	5949	25 terminate the liability under the policy arising during
5950	5950	26 the period for which the policy was filed. Trailer and
5951	5951
5952	5952
5953	5953
5954	5954
5955	5955
5956	5956	HB3575 - 166 - LRB103 29826 RLC 56234 b
5957	5957
5958	5958
5959	5959	HB3575- 167 -LRB103 29826 RLC 56234 b HB3575 - 167 - LRB103 29826 RLC 56234 b
5960	5960	HB3575 - 167 - LRB103 29826 RLC 56234 b
5961	5961	1 mobile home dealers are exempt from this requirement.
5962	5962	2 If the permitted user has a liability insurance policy
5963	5963	3 that provides automobile liability insurance coverage of
5964	5964	4 at least $100,000 for bodily injury to or the death of any
5965	5965	5 person, $300,000 for bodily injury to or the death of any 2
5966	5966	6 or more persons in any one crash, and $50,000 for damage to
5967	5967	7 property, then the permitted user's insurer shall be the
5968	5968	8 primary insurer and the dealer's insurer shall be the
5969	5969	9 secondary insurer. If the permitted user does not have a
5970	5970	10 liability insurance policy that provides automobile
5971	5971	11 liability insurance coverage of at least $100,000 for
5972	5972	12 bodily injury to or the death of any person, $300,000 for
5973	5973	13 bodily injury to or the death of any 2 or more persons in
5974	5974	14 any one crash, and $50,000 for damage to property, or does
5975	5975	15 not have any insurance at all, then the dealer's insurer
5976	5976	16 shall be the primary insurer and the permitted user's
5977	5977	17 insurer shall be the secondary insurer.
5978	5978	18 When a permitted user is "test driving" a new vehicle
5979	5979	19 dealer's automobile, the new vehicle dealer's insurance
5980	5980	20 shall be primary and the permitted user's insurance shall
5981	5981	21 be secondary.
5982	5982	22 As used in this paragraph 6, a "permitted user" is a
5983	5983	23 person who, with the permission of the new vehicle dealer
5984	5984	24 or an employee of the new vehicle dealer, drives a vehicle
5985	5985	25 owned and held for sale or lease by the new vehicle dealer
5986	5986	26 which the person is considering to purchase or lease, in
5987	5987
5988	5988
5989	5989
5990	5990
5991	5991
5992	5992	HB3575 - 167 - LRB103 29826 RLC 56234 b
5993	5993
5994	5994
5995	5995	HB3575- 168 -LRB103 29826 RLC 56234 b HB3575 - 168 - LRB103 29826 RLC 56234 b
5996	5996	HB3575 - 168 - LRB103 29826 RLC 56234 b
5997	5997	1 order to evaluate the performance, reliability, or
5998	5998	2 condition of the vehicle. The term "permitted user" also
5999	5999	3 includes a person who, with the permission of the new
6000	6000	4 vehicle dealer, drives a vehicle owned or held for sale or
6001	6001	5 lease by the new vehicle dealer for loaner purposes while
6002	6002	6 the user's vehicle is being repaired or evaluated.
6003	6003	7 As used in this paragraph 6, "test driving" occurs
6004	6004	8 when a permitted user who, with the permission of the new
6005	6005	9 vehicle dealer or an employee of the new vehicle dealer,
6006	6006	10 drives a vehicle owned and held for sale or lease by a new
6007	6007	11 vehicle dealer that the person is considering to purchase
6008	6008	12 or lease, in order to evaluate the performance,
6009	6009	13 reliability, or condition of the vehicle.
6010	6010	14 As used in this paragraph 6, "loaner purposes" means
6011	6011	15 when a person who, with the permission of the new vehicle
6012	6012	16 dealer, drives a vehicle owned or held for sale or lease by
6013	6013	17 the new vehicle dealer while the user's vehicle is being
6014	6014	18 repaired or evaluated.
6015	6015	19 7. (A) An application for a new motor vehicle dealer's
6016	6016	20 license shall be accompanied by the following license
6017	6017	21 fees:
6018	6018	22 (i) $1,000 for applicant's established place of
6019	6019	23 business, and $100 for each additional place of
6020	6020	24 business, if any, to which the application pertains;
6021	6021	25 but if the application is made after June 15 of any
6022	6022	26 year, the license fee shall be $500 for applicant's
6023	6023
6024	6024
6025	6025
6026	6026
6027	6027
6028	6028	HB3575 - 168 - LRB103 29826 RLC 56234 b
6029	6029
6030	6030
6031	6031	HB3575- 169 -LRB103 29826 RLC 56234 b HB3575 - 169 - LRB103 29826 RLC 56234 b
6032	6032	HB3575 - 169 - LRB103 29826 RLC 56234 b
6033	6033	1 established place of business plus $50 for each
6034	6034	2 additional place of business, if any, to which the
6035	6035	3 application pertains. License fees shall be returnable
6036	6036	4 only in the event that the application is denied by the
6037	6037	5 Secretary of State. All moneys received by the
6038	6038	6 Secretary of State as license fees under this
6039	6039	7 subparagraph (i) prior to applications for the 2004
6040	6040	8 licensing year shall be deposited into the Motor
6041	6041	9 Vehicle Review Board Fund and shall be used to
6042	6042	10 administer the Motor Vehicle Review Board under the
6043	6043	11 Motor Vehicle Franchise Act. Of the money received by
6044	6044	12 the Secretary of State as license fees under this
6045	6045	13 subparagraph (i) for the 2004 licensing year and
6046	6046	14 thereafter, 10% shall be deposited into the Motor
6047	6047	15 Vehicle Review Board Fund and shall be used to
6048	6048	16 administer the Motor Vehicle Review Board under the
6049	6049	17 Motor Vehicle Franchise Act and 90% shall be deposited
6050	6050	18 into the General Revenue Fund.
6051	6051	19 (ii) Except for dealers selling 25 or fewer
6052	6052	20 automobiles or as provided in subsection (h) of
6053	6053	21 Section 5-102.7 of this Code, an Annual Dealer
6054	6054	22 Recovery Fund Fee in the amount of $500 for the
6055	6055	23 applicant's established place of business, and $50 for
6056	6056	24 each additional place of business, if any, to which
6057	6057	25 the application pertains; but if the application is
6058	6058	26 made after June 15 of any year, the fee shall be $250
6059	6059
6060	6060
6061	6061
6062	6062
6063	6063
6064	6064	HB3575 - 169 - LRB103 29826 RLC 56234 b
6065	6065
6066	6066
6067	6067	HB3575- 170 -LRB103 29826 RLC 56234 b HB3575 - 170 - LRB103 29826 RLC 56234 b
6068	6068	HB3575 - 170 - LRB103 29826 RLC 56234 b
6069	6069	1 for the applicant's established place of business plus
6070	6070	2 $25 for each additional place of business, if any, to
6071	6071	3 which the application pertains. For a license renewal
6072	6072	4 application, the fee shall be based on the amount of
6073	6073	5 automobiles sold in the past year according to the
6074	6074	6 following formula:
6075	6075	7 (1) $0 for dealers selling 25 or less
6076	6076	8 automobiles;
6077	6077	9 (2) $150 for dealers selling more than 25 but
6078	6078	10 less than 200 automobiles;
6079	6079	11 (3) $300 for dealers selling 200 or more
6080	6080	12 automobiles but less than 300 automobiles; and
6081	6081	13 (4) $500 for dealers selling 300 or more
6082	6082	14 automobiles.
6083	6083	15 License fees shall be returnable only in the event
6084	6084	16 that the application is denied by the Secretary of
6085	6085	17 State. Moneys received under this subparagraph (ii)
6086	6086	18 shall be deposited into the Dealer Recovery Trust
6087	6087	19 Fund.
6088	6088	20 (B) An application for a new vehicle dealer's license,
6089	6089	21 other than for a new motor vehicle dealer's license, shall
6090	6090	22 be accompanied by the following license fees:
6091	6091	23 (i) $1,000 for applicant's established place of
6092	6092	24 business, and $50 for each additional place of
6093	6093	25 business, if any, to which the application pertains;
6094	6094	26 but if the application is made after June 15 of any
6095	6095
6096	6096
6097	6097
6098	6098
6099	6099
6100	6100	HB3575 - 170 - LRB103 29826 RLC 56234 b
6101	6101
6102	6102
6103	6103	HB3575- 171 -LRB103 29826 RLC 56234 b HB3575 - 171 - LRB103 29826 RLC 56234 b
6104	6104	HB3575 - 171 - LRB103 29826 RLC 56234 b
6105	6105	1 year, the license fee shall be $500 for applicant's
6106	6106	2 established place of business plus $25 for each
6107	6107	3 additional place of business, if any, to which the
6108	6108	4 application pertains. License fees shall be returnable
6109	6109	5 only in the event that the application is denied by the
6110	6110	6 Secretary of State. Of the money received by the
6111	6111	7 Secretary of State as license fees under this
6112	6112	8 subparagraph (i) for the 2004 licensing year and
6113	6113	9 thereafter, 95% shall be deposited into the General
6114	6114	10 Revenue Fund.
6115	6115	11 (ii) Except as provided in subsection (h) of
6116	6116	12 Section 5-102.7 of this Code, an Annual Dealer
6117	6117	13 Recovery Fund Fee in the amount of $500 for the
6118	6118	14 applicant's established place of business, and $50 for
6119	6119	15 each additional place of business, if any, to which
6120	6120	16 the application pertains; but if the application is
6121	6121	17 made after June 15 of any year, the fee shall be $250
6122	6122	18 for the applicant's established place of business plus
6123	6123	19 $25 for each additional place of business, if any, to
6124	6124	20 which the application pertains. License fees shall be
6125	6125	21 returnable only in the event that the application is
6126	6126	22 denied by the Secretary of State. Moneys received
6127	6127	23 under this subparagraph (ii) shall be deposited into
6128	6128	24 the Dealer Recovery Trust Fund.
6129	6129	25 8. A statement that the applicant's officers,
6130	6130	26 directors, shareholders having a 10% or greater ownership
6131	6131
6132	6132
6133	6133
6134	6134
6135	6135
6136	6136	HB3575 - 171 - LRB103 29826 RLC 56234 b
6137	6137
6138	6138
6139	6139	HB3575- 172 -LRB103 29826 RLC 56234 b HB3575 - 172 - LRB103 29826 RLC 56234 b
6140	6140	HB3575 - 172 - LRB103 29826 RLC 56234 b
6141	6141	1 interest therein, proprietor, a partner, member, officer,
6142	6142	2 director, trustee, manager or other principals in the
6143	6143	3 business have not committed in the past 3 years any one
6144	6144	4 violation as determined in any civil, criminal or
6145	6145	5 administrative proceedings of any one of the following
6146	6146	6 Acts:
6147	6147	7 (A) The Anti-Theft Laws of the Illinois Vehicle
6148	6148	8 Code;
6149	6149	9 (B) The Certificate of Title Laws of the Illinois
6150	6150	10 Vehicle Code;
6151	6151	11 (C) The Offenses against Registration and
6152	6152	12 Certificates of Title Laws of the Illinois Vehicle
6153	6153	13 Code;
6154	6154	14 (D) The Dealers, Transporters, Wreckers and
6155	6155	15 Rebuilders Laws of the Illinois Vehicle Code;
6156	6156	16 (E) Section 21-2 of the Criminal Code of 1961 or
6157	6157	17 the Criminal Code of 2012, Criminal Trespass to
6158	6158	18 Vehicles; or
6159	6159	19 (F) The Retailers' Occupation Tax Act.
6160	6160	20 9. A statement that the applicant's officers,
6161	6161	21 directors, shareholders having a 10% or greater ownership
6162	6162	22 interest therein, proprietor, partner, member, officer,
6163	6163	23 director, trustee, manager or other principals in the
6164	6164	24 business have not committed in any calendar year 3 or more
6165	6165	25 violations, as determined in any civil, criminal or
6166	6166	26 administrative proceedings, of any one or more of the
6167	6167
6168	6168
6169	6169
6170	6170
6171	6171
6172	6172	HB3575 - 172 - LRB103 29826 RLC 56234 b
6173	6173
6174	6174
6175	6175	HB3575- 173 -LRB103 29826 RLC 56234 b HB3575 - 173 - LRB103 29826 RLC 56234 b
6176	6176	HB3575 - 173 - LRB103 29826 RLC 56234 b
6177	6177	1 following Acts:
6178	6178	2 (A) The Consumer Finance Act;
6179	6179	3 (B) The Consumer Installment Loan Act;
6180	6180	4 (C) The Retail Installment Sales Act;
6181	6181	5 (D) The Motor Vehicle Retail Installment Sales
6182	6182	6 Act;
6183	6183	7 (E) The Interest Act;
6184	6184	8 (F) The Illinois Wage Assignment Act;
6185	6185	9 (G) Part 8 of Article XII of the Code of Civil
6186	6186	10 Procedure; or
6187	6187	11 (H) The Consumer Fraud Act.
6188	6188	12 9.5. A statement that, within 10 years of application,
6189	6189	13 each officer, director, shareholder having a 10% or
6190	6190	14 greater ownership interest therein, proprietor, partner,
6191	6191	15 member, officer, director, trustee, manager, or other
6192	6192	16 principal in the business of the applicant has not
6193	6193	17 committed, as determined in any civil, criminal, or
6194	6194	18 administrative proceeding, in any calendar year one or
6195	6195	19 more forcible felonies under the Criminal Code of 1961 or
6196	6196	20 the Criminal Code of 2012, or a violation of either or both
6197	6197	21 Article 16 or 17 of the Criminal Code of 1961 or a
6198	6198	22 violation of either or both Article 16 or 17 of the
6199	6199	23 Criminal Code of 2012, Article 29B of the Criminal Code of
6200	6200	24 1961 or the Criminal Code of 2012, or a similar
6201	6201	25 out-of-state offense. For the purposes of this paragraph,
6202	6202	26 "forcible felony" has the meaning provided in Section 2-8
6203	6203
6204	6204
6205	6205
6206	6206
6207	6207
6208	6208	HB3575 - 173 - LRB103 29826 RLC 56234 b
6209	6209
6210	6210
6211	6211	HB3575- 174 -LRB103 29826 RLC 56234 b HB3575 - 174 - LRB103 29826 RLC 56234 b
6212	6212	HB3575 - 174 - LRB103 29826 RLC 56234 b
6213	6213	1 of the Criminal Code of 2012.
6214	6214	2 10. A bond or certificate of deposit in the amount of
6215	6215	3 $50,000 for each location at which the applicant intends
6216	6216	4 to act as a new vehicle dealer. The bond shall be for the
6217	6217	5 term of the license, or its renewal, for which application
6218	6218	6 is made, and shall expire not sooner than December 31 of
6219	6219	7 the year for which the license was issued or renewed. The
6220	6220	8 bond shall run to the People of the State of Illinois, with
6221	6221	9 surety by a bonding or insurance company authorized to do
6222	6222	10 business in this State. It shall be conditioned upon the
6223	6223	11 proper transmittal of all title and registration fees and
6224	6224	12 taxes (excluding taxes under the Retailers' Occupation Tax
6225	6225	13 Act) accepted by the applicant as a new vehicle dealer.
6226	6226	14 11. Such other information concerning the business of
6227	6227	15 the applicant as the Secretary of State may by rule or
6228	6228	16 regulation prescribe.
6229	6229	17 12. A statement that the applicant understands Chapter
6230	6230	18 1 through Chapter 5 of this Code.
6231	6231	19 13. The full name, address, and contact information of
6232	6232	20 each of the dealer's agents or legal representatives who
6233	6233	21 is an Illinois resident and liable for the performance of
6234	6234	22 the dealership.
6235	6235	23 (c) Any change which renders no longer accurate any
6236	6236	24 information contained in any application for a new vehicle
6237	6237	25 dealer's license shall be amended within 30 days after the
6238	6238	26 occurrence of such change on such form as the Secretary of
6239	6239
6240	6240
6241	6241
6242	6242
6243	6243
6244	6244	HB3575 - 174 - LRB103 29826 RLC 56234 b
6245	6245
6246	6246
6247	6247	HB3575- 175 -LRB103 29826 RLC 56234 b HB3575 - 175 - LRB103 29826 RLC 56234 b
6248	6248	HB3575 - 175 - LRB103 29826 RLC 56234 b
6249	6249	1 State may prescribe by rule or regulation, accompanied by an
6250	6250	2 amendatory fee of $2.
6251	6251	3 (d) Anything in this Chapter 5 to the contrary
6252	6252	4 notwithstanding no person shall be licensed as a new vehicle
6253	6253	5 dealer unless:
6254	6254	6 1. He is authorized by contract in writing between
6255	6255	7 himself and the manufacturer or franchised distributor of
6256	6256	8 such make of vehicle to so sell the same in this State, and
6257	6257	9 2. Such person shall maintain an established place of
6258	6258	10 business as defined in this Act.
6259	6259	11 (e) The Secretary of State shall, within a reasonable time
6260	6260	12 after receipt, examine an application submitted to him under
6261	6261	13 this Section and unless he makes a determination that the
6262	6262	14 application submitted to him does not conform with the
6263	6263	15 requirements of this Section or that grounds exist for a
6264	6264	16 denial of the application, under Section 5-501 of this
6265	6265	17 Chapter, grant the applicant an original new vehicle dealer's
6266	6266	18 license in writing for his established place of business and a
6267	6267	19 supplemental license in writing for each additional place of
6268	6268	20 business in such form as he may prescribe by rule or regulation
6269	6269	21 which shall include the following:
6270	6270	22 1. The name of the person licensed;
6271	6271	23 2. If a corporation, the name and address of its
6272	6272	24 officers or if a sole proprietorship, a partnership, an
6273	6273	25 unincorporated association or any similar form of business
6274	6274	26 organization, the name and address of the proprietor or of
6275	6275
6276	6276
6277	6277
6278	6278
6279	6279
6280	6280	HB3575 - 175 - LRB103 29826 RLC 56234 b
6281	6281
6282	6282
6283	6283	HB3575- 176 -LRB103 29826 RLC 56234 b HB3575 - 176 - LRB103 29826 RLC 56234 b
6284	6284	HB3575 - 176 - LRB103 29826 RLC 56234 b
6285	6285	1 each partner, member, officer, director, trustee or
6286	6286	2 manager;
6287	6287	3 3. In the case of an original license, the established
6288	6288	4 place of business of the licensee;
6289	6289	5 4. In the case of a supplemental license, the
6290	6290	6 established place of business of the licensee and the
6291	6291	7 additional place of business to which such supplemental
6292	6292	8 license pertains;
6293	6293	9 5. The make or makes of new vehicles which the
6294	6294	10 licensee is licensed to sell;
6295	6295	11 6. The full name, address, and contact information of
6296	6296	12 each of the dealer's agents or legal representatives who
6297	6297	13 is an Illinois resident and liable for the performance of
6298	6298	14 the dealership.
6299	6299	15 (f) The appropriate instrument evidencing the license or a
6300	6300	16 certified copy thereof, provided by the Secretary of State,
6301	6301	17 shall be kept posted conspicuously in the established place of
6302	6302	18 business of the licensee and in each additional place of
6303	6303	19 business, if any, maintained by such licensee.
6304	6304	20 (g) Except as provided in subsection (h) hereof, all new
6305	6305	21 vehicle dealer's licenses granted under this Section shall
6306	6306	22 expire by operation of law on December 31 of the calendar year
6307	6307	23 for which they are granted unless sooner revoked or cancelled
6308	6308	24 under the provisions of Section 5-501 of this Chapter.
6309	6309	25 (h) A new vehicle dealer's license may be renewed upon
6310	6310	26 application and payment of the fee required herein, and
6311	6311
6312	6312
6313	6313
6314	6314
6315	6315
6316	6316	HB3575 - 176 - LRB103 29826 RLC 56234 b
6317	6317
6318	6318
6319	6319	HB3575- 177 -LRB103 29826 RLC 56234 b HB3575 - 177 - LRB103 29826 RLC 56234 b
6320	6320	HB3575 - 177 - LRB103 29826 RLC 56234 b
6321	6321	1 submission of proof of coverage under an approved bond under
6322	6322	2 the Retailers' Occupation Tax Act or proof that applicant is
6323	6323	3 not subject to such bonding requirements, as in the case of an
6324	6324	4 original license, but in case an application for the renewal
6325	6325	5 of an effective license is made during the month of December,
6326	6326	6 the effective license shall remain in force until the
6327	6327	7 application is granted or denied by the Secretary of State.
6328	6328	8 (i) All persons licensed as a new vehicle dealer are
6329	6329	9 required to furnish each purchaser of a motor vehicle:
6330	6330	10 1. In the case of a new vehicle a manufacturer's
6331	6331	11 statement of origin and in the case of a used motor vehicle
6332	6332	12 a certificate of title, in either case properly assigned
6333	6333	13 to the purchaser;
6334	6334	14 2. A statement verified under oath that all
6335	6335	15 identifying numbers on the vehicle agree with those on the
6336	6336	16 certificate of title or manufacturer's statement of
6337	6337	17 origin;
6338	6338	18 3. A bill of sale properly executed on behalf of such
6339	6339	19 person;
6340	6340	20 4. A copy of the Uniform Invoice-transaction reporting
6341	6341	21 return referred to in Section 5-402 hereof;
6342	6342	22 5. In the case of a rebuilt vehicle, a copy of the
6343	6343	23 Disclosure of Rebuilt Vehicle Status; and
6344	6344	24 6. In the case of a vehicle for which the warranty has
6345	6345	25 been reinstated, a copy of the warranty.
6346	6346	26 (j) Except at the time of sale or repossession of the
6347	6347
6348	6348
6349	6349
6350	6350
6351	6351
6352	6352	HB3575 - 177 - LRB103 29826 RLC 56234 b
6353	6353
6354	6354
6355	6355	HB3575- 178 -LRB103 29826 RLC 56234 b HB3575 - 178 - LRB103 29826 RLC 56234 b
6356	6356	HB3575 - 178 - LRB103 29826 RLC 56234 b
6357	6357	1 vehicle, no person licensed as a new vehicle dealer may issue
6358	6358	2 any other person a newly created key to a vehicle unless the
6359	6359	3 new vehicle dealer makes a color photocopy or electronic scan
6360	6360	4 of the driver's license or State identification card of the
6361	6361	5 person requesting or obtaining the newly created key. The new
6362	6362	6 vehicle dealer must retain the photocopy or scan for 30 days.
6363	6363	7 A new vehicle dealer who violates this subsection (j) is
6364	6364	8 guilty of a petty offense. Violation of this subsection (j) is
6365	6365	9 not cause to suspend, revoke, cancel, or deny renewal of the
6366	6366	10 new vehicle dealer's license.
6367	6367	11 This amendatory Act of 1983 shall be applicable to the
6368	6368	12 1984 registration year and thereafter.
6369	6369	13 (k) If a licensee under this Section voluntarily
6370	6370	14 surrenders a license to the Illinois Secretary of State Police
6371	6371	15 or a representative of the Secretary of State Vehicle Services
6372	6372	16 Department due to the licensee's inability to adhere to
6373	6373	17 recordkeeping provisions, or the inability to properly issue
6374	6374	18 certificates of title or registrations under this Code, or the
6375	6375	19 Secretary revokes a license under this Section, then the
6376	6376	20 licensee and the licensee's agent, designee, or legal
6377	6377	21 representative, if applicable, may not be named on a new
6378	6378	22 application for a licensee under this Section or under this
6379	6379	23 Chapter, nor is the licensee or the licensee's agent,
6380	6380	24 designee, or legal representative permitted to work for
6381	6381	25 another licensee under this Chapter in a recordkeeping,
6382	6382	26 management, or financial position or as an employee who
6383	6383
6384	6384
6385	6385
6386	6386
6387	6387
6388	6388	HB3575 - 178 - LRB103 29826 RLC 56234 b
6389	6389
6390	6390
6391	6391	HB3575- 179 -LRB103 29826 RLC 56234 b HB3575 - 179 - LRB103 29826 RLC 56234 b
6392	6392	HB3575 - 179 - LRB103 29826 RLC 56234 b
6393	6393	1 handles certificate of title and registration documents and
6394	6394	2 applications.
6395	6395	3 (Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22;
6396	6396	4 102-982, eff. 7-1-23.)
6397	6397	5 (625 ILCS 5/5-101.1)
6398	6398	6 (Text of Section before amendment by P.A. 102-982)
6399	6399	7 Sec. 5-101.1. Motor vehicle financing affiliates;
6400	6400	8 licensing.
6401	6401	9 (a) In this State, no business shall engage in the
6402	6402	10 business of a motor vehicle financing affiliate without a
6403	6403	11 license to do so in writing from the Secretary of State.
6404	6404	12 (b) An application for a motor vehicle financing
6405	6405	13 affiliate's license must be filed with the Secretary of State,
6406	6406	14 duly verified by oath, on a form prescribed by the Secretary of
6407	6407	15 State and shall contain all of the following:
6408	6408	16 (1) The name and type of business organization of the
6409	6409	17 applicant and the applicant's established place of
6410	6410	18 business and any additional places of business in this
6411	6411	19 State.
6412	6412	20 (2) The name and address of the licensed new or used
6413	6413	21 vehicle dealer to which the applicant will be selling,
6414	6414	22 transferring, or assigning new or used motor vehicles
6415	6415	23 pursuant to a written contract. If more than one dealer is
6416	6416	24 on the application, the applicant shall state in writing
6417	6417	25 the basis of common ownership among the dealers.
6418	6418
6419	6419
6420	6420
6421	6421
6422	6422
6423	6423	HB3575 - 179 - LRB103 29826 RLC 56234 b
6424	6424
6425	6425
6426	6426	HB3575- 180 -LRB103 29826 RLC 56234 b HB3575 - 180 - LRB103 29826 RLC 56234 b
6427	6427	HB3575 - 180 - LRB103 29826 RLC 56234 b
6428	6428	1 (3) A list of the business organization's officers,
6429	6429	2 directors, members, and shareholders having a 10% or
6430	6430	3 greater ownership interest in the business, providing the
6431	6431	4 residential address for each person listed.
6432	6432	5 (4) If selling, transferring, or assigning new motor
6433	6433	6 vehicles, the make or makes of new vehicles that it will
6434	6434	7 sell, assign, or otherwise transfer to the contracting new
6435	6435	8 motor vehicle dealer listed on the application pursuant to
6436	6436	9 paragraph (2).
6437	6437	10 (5) The name of each manufacturer or franchised
6438	6438	11 distributor, if any, of new vehicles with whom the
6439	6439	12 applicant has contracted for the sale of new vehicles and
6440	6440	13 a signed statement from each manufacturer or franchised
6441	6441	14 distributor acknowledging the contract.
6442	6442	15 (6) A statement that the applicant has been approved
6443	6443	16 for registration under the Retailers' Occupation Tax Act
6444	6444	17 by the Department of Revenue. This requirement does not
6445	6445	18 apply to a motor vehicle financing affiliate that is
6446	6446	19 already licensed with the Secretary of State and is
6447	6447	20 applying for a renewal of its license.
6448	6448	21 (7) A statement that the applicant has complied with
6449	6449	22 the appropriate liability insurance requirement and a
6450	6450	23 Certificate of Insurance that shall not expire before
6451	6451	24 December 31 of the year for which the license was issued or
6452	6452	25 renewed with a minimum liability coverage of $100,000 for
6453	6453	26 the bodily injury or death of any person, $300,000 for the
6454	6454
6455	6455
6456	6456
6457	6457
6458	6458
6459	6459	HB3575 - 180 - LRB103 29826 RLC 56234 b
6460	6460
6461	6461
6462	6462	HB3575- 181 -LRB103 29826 RLC 56234 b HB3575 - 181 - LRB103 29826 RLC 56234 b
6463	6463	HB3575 - 181 - LRB103 29826 RLC 56234 b
6464	6464	1 bodily injury or death of 2 or more persons in any one
6465	6465	2 accident, and $50,000 for damage to property. The
6466	6466	3 expiration of the insurance policy shall not terminate the
6467	6467	4 liability under the policy arising during the period for
6468	6468	5 which the policy was filed. Trailer and mobile home
6469	6469	6 dealers are exempt from the requirements of this
6470	6470	7 paragraph. A motor vehicle financing affiliate is exempt
6471	6471	8 from the requirements of this paragraph if it is covered
6472	6472	9 by the insurance policy of the new or used dealer listed on
6473	6473	10 the application pursuant to paragraph (2).
6474	6474	11 (8) A license fee of $1,000 for the applicant's
6475	6475	12 established place of business and $250 for each additional
6476	6476	13 place of business, if any, to which the application
6477	6477	14 pertains. However, if the application is made after June
6478	6478	15 15 of any year, the license fee shall be $500 for the
6479	6479	16 applicant's established place of business and $125 for
6480	6480	17 each additional place of business, if any, to which the
6481	6481	18 application pertains. These license fees shall be
6482	6482	19 returnable only in the event that the application is
6483	6483	20 denied by the Secretary of State.
6484	6484	21 (9) A statement incorporating the requirements of
6485	6485	22 paragraphs 8 and 9 of subsection (b) of Section 5-101.
6486	6486	23 (10) Any other information concerning the business of
6487	6487	24 the applicant as the Secretary of State may prescribe.
6488	6488	25 (11) A statement that the applicant understands
6489	6489	26 Chapter 1 through Chapter 5 of this Code.
6490	6490
6491	6491
6492	6492
6493	6493
6494	6494
6495	6495	HB3575 - 181 - LRB103 29826 RLC 56234 b
6496	6496
6497	6497
6498	6498	HB3575- 182 -LRB103 29826 RLC 56234 b HB3575 - 182 - LRB103 29826 RLC 56234 b
6499	6499	HB3575 - 182 - LRB103 29826 RLC 56234 b
6500	6500	1 (12) The full name, address, and contact information
6501	6501	2 of each of the dealer's agents or legal representatives
6502	6502	3 who is an Illinois resident and liable for the performance
6503	6503	4 of the dealership.
6504	6504	5 (c) Any change which renders no longer accurate any
6505	6505	6 information contained in any application for a motor vehicle
6506	6506	7 financing affiliate's license shall be amended within 30 days
6507	6507	8 after the occurrence of the change on a form prescribed by the
6508	6508	9 Secretary of State, accompanied by an amendatory fee of $2.
6509	6509	10 (d) If a new vehicle dealer is not listed on the
6510	6510	11 application, pursuant to paragraph (2) of subsection (b), the
6511	6511	12 motor vehicle financing affiliate shall not receive, possess,
6512	6512	13 or transfer any new vehicle. If a new motor vehicle dealer is
6513	6513	14 listed on the application, pursuant to paragraph (2) of
6514	6514	15 subsection (b), the new motor vehicle dealer can only receive
6515	6515	16 those new cars it is permitted to receive under its franchise
6516	6516	17 agreement. If both a new and used motor vehicle dealer are
6517	6517	18 listed on the application, pursuant to paragraph (2) of
6518	6518	19 subsection (b), only the new motor vehicle dealer may receive
6519	6519	20 new motor vehicles. If a used motor vehicle is listed on the
6520	6520	21 application, pursuant to paragraph (2) of subsection (b), the
6521	6521	22 used motor vehicle dealer shall not receive any new motor
6522	6522	23 vehicles.
6523	6523	24 (e) The applicant and dealer provided pursuant to
6524	6524	25 paragraph (2) of subsection (b) must be business organizations
6525	6525	26 registered to conduct business in Illinois. Three-fourths of
6526	6526
6527	6527
6528	6528
6529	6529
6530	6530
6531	6531	HB3575 - 182 - LRB103 29826 RLC 56234 b
6532	6532
6533	6533
6534	6534	HB3575- 183 -LRB103 29826 RLC 56234 b HB3575 - 183 - LRB103 29826 RLC 56234 b
6535	6535	HB3575 - 183 - LRB103 29826 RLC 56234 b
6536	6536	1 the dealer's board of directors must be members of the motor
6537	6537	2 vehicle financing affiliate's board of directors, if
6538	6538	3 applicable.
6539	6539	4 (f) Unless otherwise provided in this Chapter 5, no
6540	6540	5 business organization registered to do business in Illinois
6541	6541	6 shall be licensed as a motor vehicle financing affiliate
6542	6542	7 unless:
6543	6543	8 (1) The motor vehicle financing affiliate shall only
6544	6544	9 sell, transfer, or assign motor vehicles to the licensed
6545	6545	10 new or used dealer listed on the application pursuant to
6546	6546	11 paragraph (2) of subsection (b).
6547	6547	12 (2) The motor vehicle financing affiliate sells,
6548	6548	13 transfers, or assigns to the new motor vehicle dealer
6549	6549	14 listed on the application, if any, only those new motor
6550	6550	15 vehicles the motor vehicle financing affiliate has
6551	6551	16 received under the contract set forth in paragraph (5) of
6552	6552	17 subsection (b).
6553	6553	18 (3) Any new vehicle dealer listed pursuant to
6554	6554	19 paragraph (2) of subsection (b) has a franchise agreement
6555	6555	20 that permits the dealer to receive motor vehicles from the
6556	6556	21 motor vehicle franchise affiliate.
6557	6557	22 (4) The new or used motor vehicle dealer listed on the
6558	6558	23 application pursuant to paragraph (2) of subsection (b)
6559	6559	24 has one established place of business or supplemental
6560	6560	25 places of business as referenced in subsection (g).
6561	6561	26 (g) The Secretary of State shall, within a reasonable time
6562	6562
6563	6563
6564	6564
6565	6565
6566	6566
6567	6567	HB3575 - 183 - LRB103 29826 RLC 56234 b
6568	6568
6569	6569
6570	6570	HB3575- 184 -LRB103 29826 RLC 56234 b HB3575 - 184 - LRB103 29826 RLC 56234 b
6571	6571	HB3575 - 184 - LRB103 29826 RLC 56234 b
6572	6572	1 after receipt, examine an application submitted pursuant to
6573	6573	2 this Section and, unless it is determined that the application
6574	6574	3 does not conform with the requirements of this Section or that
6575	6575	4 grounds exist for a denial of the application under Section
6576	6576	5 5-501, grant the applicant a motor vehicle financing affiliate
6577	6577	6 license in writing for the applicant's established place of
6578	6578	7 business and a supplemental license in writing for each
6579	6579	8 additional place of business in a form prescribed by the
6580	6580	9 Secretary, which shall include all of the following:
6581	6581	10 (1) The name of the business licensed;
6582	6582	11 (2) The name and address of its officers, directors,
6583	6583	12 or members, as applicable;
6584	6584	13 (3) In the case of an original license, the
6585	6585	14 established place of business of the licensee;
6586	6586	15 (4) If applicable, the make or makes of new vehicles
6587	6587	16 which the licensee is licensed to sell to the new motor
6588	6588	17 vehicle dealer listed on the application pursuant to
6589	6589	18 paragraph (2) of subsection (b); and
6590	6590	19 (5) The full name, address, and contact information of
6591	6591	20 each of the dealer's agents or legal representatives who
6592	6592	21 is an Illinois resident and liable for the performance of
6593	6593	22 the dealership.
6594	6594	23 (h) The appropriate instrument evidencing the license or a
6595	6595	24 certified copy, provided by the Secretary of State, shall be
6596	6596	25 kept posted conspicuously in the established place of business
6597	6597	26 of the licensee.
6598	6598
6599	6599
6600	6600
6601	6601
6602	6602
6603	6603	HB3575 - 184 - LRB103 29826 RLC 56234 b
6604	6604
6605	6605
6606	6606	HB3575- 185 -LRB103 29826 RLC 56234 b HB3575 - 185 - LRB103 29826 RLC 56234 b
6607	6607	HB3575 - 185 - LRB103 29826 RLC 56234 b
6608	6608	1 (i) Except as provided in subsection (h), all motor
6609	6609	2 vehicle financing affiliate's licenses granted under this
6610	6610	3 Section shall expire expired by operation of law on December
6611	6611	4 31 of the calendar year for which they are granted, unless
6612	6612	5 revoked or canceled at an earlier date pursuant to Section
6613	6613	6 5-501.
6614	6614	7 (j) A motor vehicle financing affiliate's license may be
6615	6615	8 renewed upon application and payment of the required fee.
6616	6616	9 However, when an application for renewal of a motor vehicle
6617	6617	10 financing affiliate's license is made during the month of
6618	6618	11 December, the effective license shall remain in force until
6619	6619	12 the application is granted or denied by the Secretary of
6620	6620	13 State.
6621	6621	14 (k) The contract a motor vehicle financing affiliate has
6622	6622	15 with a manufacturer or franchised distributor, as provided in
6623	6623	16 paragraph (5) of subsection (b), shall only permit the
6624	6624	17 applicant to sell, transfer, or assign new motor vehicles to
6625	6625	18 the new motor vehicle dealer listed on the application
6626	6626	19 pursuant to paragraph (2) of subsection (b). The contract
6627	6627	20 shall specifically prohibit the motor vehicle financing
6628	6628	21 affiliate from selling motor vehicles at retail. This contract
6629	6629	22 shall not be considered the granting of a franchise as defined
6630	6630	23 in Section 2 of the Motor Vehicle Franchise Act.
6631	6631	24 (l) When purchasing of a motor vehicle by a new or used
6632	6632	25 motor vehicle dealer, all persons licensed as a motor vehicle
6633	6633	26 financing affiliate are required to furnish all of the
6634	6634
6635	6635
6636	6636
6637	6637
6638	6638
6639	6639	HB3575 - 185 - LRB103 29826 RLC 56234 b
6640	6640
6641	6641
6642	6642	HB3575- 186 -LRB103 29826 RLC 56234 b HB3575 - 186 - LRB103 29826 RLC 56234 b
6643	6643	HB3575 - 186 - LRB103 29826 RLC 56234 b
6644	6644	1 following:
6645	6645	2 (1) For a new vehicle, a manufacturer's statement of
6646	6646	3 origin properly assigned to the purchasing dealer. For a
6647	6647	4 used vehicle, a certificate of title properly assigned to
6648	6648	5 the purchasing dealer.
6649	6649	6 (2) A statement verified under oath that all
6650	6650	7 identifying numbers on the vehicle agree with those on the
6651	6651	8 certificate of title or manufacturer's statement of
6652	6652	9 origin.
6653	6653	10 (3) A bill of sale properly executed on behalf of the
6654	6654	11 purchasing dealer.
6655	6655	12 (4) A copy of the Uniform Invoice-transaction report
6656	6656	13 pursuant to Section 5-402.
6657	6657	14 (5) In the case of a rebuilt vehicle, a copy of the
6658	6658	15 Disclosure of Rebuilt Vehicle Status pursuant to Section
6659	6659	16 5-104.3.
6660	6660	17 (6) In the case of a vehicle for which a warranty has
6661	6661	18 been reinstated, a copy of the warranty.
6662	6662	19 (m) The motor vehicle financing affiliate shall use the
6663	6663	20 established and supplemental place or places of business the
6664	6664	21 new or used vehicle dealer listed on the application pursuant
6665	6665	22 to paragraph (2) of subsection (b) as its established and
6666	6666	23 supplemental place or places of business.
6667	6667	24 (n) The motor vehicle financing affiliate shall keep all
6668	6668	25 books and records required by this Code with the books and
6669	6669	26 records of the new or used vehicle dealer listed on the
6670	6670
6671	6671
6672	6672
6673	6673
6674	6674
6675	6675	HB3575 - 186 - LRB103 29826 RLC 56234 b
6676	6676
6677	6677
6678	6678	HB3575- 187 -LRB103 29826 RLC 56234 b HB3575 - 187 - LRB103 29826 RLC 56234 b
6679	6679	HB3575 - 187 - LRB103 29826 RLC 56234 b
6680	6680	1 application pursuant to paragraph (2) of subsection (b). The
6681	6681	2 motor vehicle financing affiliate may use the books and
6682	6682	3 records of the new or used motor vehicle dealer listed on the
6683	6683	4 application pursuant to paragraph (2) of subsection (b).
6684	6684	5 (o) Under no circumstances shall a motor vehicle financing
6685	6685	6 affiliate sell, transfer, or assign a new vehicle to any place
6686	6686	7 of business of a new motor vehicle dealer, unless that place of
6687	6687	8 business is licensed under this Chapter to sell, assign, or
6688	6688	9 otherwise transfer the make of the new motor vehicle
6689	6689	10 transferred.
6690	6690	11 (p) All moneys received by the Secretary of State as
6691	6691	12 license fees under this Section shall be deposited into the
6692	6692	13 Motor Vehicle Review Board Fund and shall be used to
6693	6693	14 administer the Motor Vehicle Review Board under the Motor
6694	6694	15 Vehicle Franchise Act.
6695	6695	16 (q) Except as otherwise provided in this Section, a motor
6696	6696	17 vehicle financing affiliate shall comply with all provisions
6697	6697	18 of this Code.
6698	6698	19 (r) If a licensee under this Section voluntarily
6699	6699	20 surrenders a license to the Illinois Secretary of State Police
6700	6700	21 or a representative of the Secretary of State Vehicle Services
6701	6701	22 Department due to the licensee's inability to adhere to
6702	6702	23 recordkeeping provisions, or the inability to properly issue
6703	6703	24 certificates of title or registrations under this Code, or the
6704	6704	25 Secretary revokes a license under this Section, then the
6705	6705	26 licensee and the licensee's agent, designee, or legal
6706	6706
6707	6707
6708	6708
6709	6709
6710	6710
6711	6711	HB3575 - 187 - LRB103 29826 RLC 56234 b
6712	6712
6713	6713
6714	6714	HB3575- 188 -LRB103 29826 RLC 56234 b HB3575 - 188 - LRB103 29826 RLC 56234 b
6715	6715	HB3575 - 188 - LRB103 29826 RLC 56234 b
6716	6716	1 representative, if applicable, may not be named on a new
6717	6717	2 application for a licensee under this Section or under this
6718	6718	3 Chapter, nor is the licensee or the licensee's agent,
6719	6719	4 designee, or legal representative permitted to work for
6720	6720	5 another licensee under this Chapter in a recordkeeping,
6721	6721	6 management, or financial position or as an employee who
6722	6722	7 handles certificate of title and registration documents and
6723	6723	8 applications.
6724	6724	9 (Source: P.A. 102-154, eff. 1-1-22; revised 8-22-22.)
6725	6725	10 (Text of Section after amendment by P.A. 102-982)
6726	6726	11 Sec. 5-101.1. Motor vehicle financing affiliates;
6727	6727	12 licensing.
6728	6728	13 (a) In this State, no business shall engage in the
6729	6729	14 business of a motor vehicle financing affiliate without a
6730	6730	15 license to do so in writing from the Secretary of State.
6731	6731	16 (b) An application for a motor vehicle financing
6732	6732	17 affiliate's license must be filed with the Secretary of State,
6733	6733	18 duly verified by oath, on a form prescribed by the Secretary of
6734	6734	19 State and shall contain all of the following:
6735	6735	20 (1) The name and type of business organization of the
6736	6736	21 applicant and the applicant's established place of
6737	6737	22 business and any additional places of business in this
6738	6738	23 State.
6739	6739	24 (2) The name and address of the licensed new or used
6740	6740	25 vehicle dealer to which the applicant will be selling,
6741	6741
6742	6742
6743	6743
6744	6744
6745	6745
6746	6746	HB3575 - 188 - LRB103 29826 RLC 56234 b
6747	6747
6748	6748
6749	6749	HB3575- 189 -LRB103 29826 RLC 56234 b HB3575 - 189 - LRB103 29826 RLC 56234 b
6750	6750	HB3575 - 189 - LRB103 29826 RLC 56234 b
6751	6751	1 transferring, or assigning new or used motor vehicles
6752	6752	2 pursuant to a written contract. If more than one dealer is
6753	6753	3 on the application, the applicant shall state in writing
6754	6754	4 the basis of common ownership among the dealers.
6755	6755	5 (3) A list of the business organization's officers,
6756	6756	6 directors, members, and shareholders having a 10% or
6757	6757	7 greater ownership interest in the business, providing the
6758	6758	8 residential address for each person listed.
6759	6759	9 (4) If selling, transferring, or assigning new motor
6760	6760	10 vehicles, the make or makes of new vehicles that it will
6761	6761	11 sell, assign, or otherwise transfer to the contracting new
6762	6762	12 motor vehicle dealer listed on the application pursuant to
6763	6763	13 paragraph (2).
6764	6764	14 (5) The name of each manufacturer or franchised
6765	6765	15 distributor, if any, of new vehicles with whom the
6766	6766	16 applicant has contracted for the sale of new vehicles and
6767	6767	17 a signed statement from each manufacturer or franchised
6768	6768	18 distributor acknowledging the contract.
6769	6769	19 (6) A statement that the applicant has been approved
6770	6770	20 for registration under the Retailers' Occupation Tax Act
6771	6771	21 by the Department of Revenue. This requirement does not
6772	6772	22 apply to a motor vehicle financing affiliate that is
6773	6773	23 already licensed with the Secretary of State and is
6774	6774	24 applying for a renewal of its license.
6775	6775	25 (7) A statement that the applicant has complied with
6776	6776	26 the appropriate liability insurance requirement and a
6777	6777
6778	6778
6779	6779
6780	6780
6781	6781
6782	6782	HB3575 - 189 - LRB103 29826 RLC 56234 b
6783	6783
6784	6784
6785	6785	HB3575- 190 -LRB103 29826 RLC 56234 b HB3575 - 190 - LRB103 29826 RLC 56234 b
6786	6786	HB3575 - 190 - LRB103 29826 RLC 56234 b
6787	6787	1 Certificate of Insurance that shall not expire before
6788	6788	2 December 31 of the year for which the license was issued or
6789	6789	3 renewed with a minimum liability coverage of $100,000 for
6790	6790	4 the bodily injury or death of any person, $300,000 for the
6791	6791	5 bodily injury or death of 2 or more persons in any one
6792	6792	6 crash, and $50,000 for damage to property. The expiration
6793	6793	7 of the insurance policy shall not terminate the liability
6794	6794	8 under the policy arising during the period for which the
6795	6795	9 policy was filed. Trailer and mobile home dealers are
6796	6796	10 exempt from the requirements of this paragraph. A motor
6797	6797	11 vehicle financing affiliate is exempt from the
6798	6798	12 requirements of this paragraph if it is covered by the
6799	6799	13 insurance policy of the new or used dealer listed on the
6800	6800	14 application pursuant to paragraph (2).
6801	6801	15 (8) A license fee of $1,000 for the applicant's
6802	6802	16 established place of business and $250 for each additional
6803	6803	17 place of business, if any, to which the application
6804	6804	18 pertains. However, if the application is made after June
6805	6805	19 15 of any year, the license fee shall be $500 for the
6806	6806	20 applicant's established place of business and $125 for
6807	6807	21 each additional place of business, if any, to which the
6808	6808	22 application pertains. These license fees shall be
6809	6809	23 returnable only in the event that the application is
6810	6810	24 denied by the Secretary of State.
6811	6811	25 (9) A statement incorporating the requirements of
6812	6812	26 paragraphs 8 and 9 of subsection (b) of Section 5-101.
6813	6813
6814	6814
6815	6815
6816	6816
6817	6817
6818	6818	HB3575 - 190 - LRB103 29826 RLC 56234 b
6819	6819
6820	6820
6821	6821	HB3575- 191 -LRB103 29826 RLC 56234 b HB3575 - 191 - LRB103 29826 RLC 56234 b
6822	6822	HB3575 - 191 - LRB103 29826 RLC 56234 b
6823	6823	1 (10) Any other information concerning the business of
6824	6824	2 the applicant as the Secretary of State may prescribe.
6825	6825	3 (11) A statement that the applicant understands
6826	6826	4 Chapter 1 through Chapter 5 of this Code.
6827	6827	5 (12) The full name, address, and contact information
6828	6828	6 of each of the dealer's agents or legal representatives
6829	6829	7 who is an Illinois resident and liable for the performance
6830	6830	8 of the dealership.
6831	6831	9 (c) Any change which renders no longer accurate any
6832	6832	10 information contained in any application for a motor vehicle
6833	6833	11 financing affiliate's license shall be amended within 30 days
6834	6834	12 after the occurrence of the change on a form prescribed by the
6835	6835	13 Secretary of State, accompanied by an amendatory fee of $2.
6836	6836	14 (d) If a new vehicle dealer is not listed on the
6837	6837	15 application, pursuant to paragraph (2) of subsection (b), the
6838	6838	16 motor vehicle financing affiliate shall not receive, possess,
6839	6839	17 or transfer any new vehicle. If a new motor vehicle dealer is
6840	6840	18 listed on the application, pursuant to paragraph (2) of
6841	6841	19 subsection (b), the new motor vehicle dealer can only receive
6842	6842	20 those new cars it is permitted to receive under its franchise
6843	6843	21 agreement. If both a new and used motor vehicle dealer are
6844	6844	22 listed on the application, pursuant to paragraph (2) of
6845	6845	23 subsection (b), only the new motor vehicle dealer may receive
6846	6846	24 new motor vehicles. If a used motor vehicle is listed on the
6847	6847	25 application, pursuant to paragraph (2) of subsection (b), the
6848	6848	26 used motor vehicle dealer shall not receive any new motor
6849	6849
6850	6850
6851	6851
6852	6852
6853	6853
6854	6854	HB3575 - 191 - LRB103 29826 RLC 56234 b
6855	6855
6856	6856
6857	6857	HB3575- 192 -LRB103 29826 RLC 56234 b HB3575 - 192 - LRB103 29826 RLC 56234 b
6858	6858	HB3575 - 192 - LRB103 29826 RLC 56234 b
6859	6859	1 vehicles.
6860	6860	2 (e) The applicant and dealer provided pursuant to
6861	6861	3 paragraph (2) of subsection (b) must be business organizations
6862	6862	4 registered to conduct business in Illinois. Three-fourths of
6863	6863	5 the dealer's board of directors must be members of the motor
6864	6864	6 vehicle financing affiliate's board of directors, if
6865	6865	7 applicable.
6866	6866	8 (f) Unless otherwise provided in this Chapter 5, no
6867	6867	9 business organization registered to do business in Illinois
6868	6868	10 shall be licensed as a motor vehicle financing affiliate
6869	6869	11 unless:
6870	6870	12 (1) The motor vehicle financing affiliate shall only
6871	6871	13 sell, transfer, or assign motor vehicles to the licensed
6872	6872	14 new or used dealer listed on the application pursuant to
6873	6873	15 paragraph (2) of subsection (b).
6874	6874	16 (2) The motor vehicle financing affiliate sells,
6875	6875	17 transfers, or assigns to the new motor vehicle dealer
6876	6876	18 listed on the application, if any, only those new motor
6877	6877	19 vehicles the motor vehicle financing affiliate has
6878	6878	20 received under the contract set forth in paragraph (5) of
6879	6879	21 subsection (b).
6880	6880	22 (3) Any new vehicle dealer listed pursuant to
6881	6881	23 paragraph (2) of subsection (b) has a franchise agreement
6882	6882	24 that permits the dealer to receive motor vehicles from the
6883	6883	25 motor vehicle franchise affiliate.
6884	6884	26 (4) The new or used motor vehicle dealer listed on the
6885	6885
6886	6886
6887	6887
6888	6888
6889	6889
6890	6890	HB3575 - 192 - LRB103 29826 RLC 56234 b
6891	6891
6892	6892
6893	6893	HB3575- 193 -LRB103 29826 RLC 56234 b HB3575 - 193 - LRB103 29826 RLC 56234 b
6894	6894	HB3575 - 193 - LRB103 29826 RLC 56234 b
6895	6895	1 application pursuant to paragraph (2) of subsection (b)
6896	6896	2 has one established place of business or supplemental
6897	6897	3 places of business as referenced in subsection (g).
6898	6898	4 (g) The Secretary of State shall, within a reasonable time
6899	6899	5 after receipt, examine an application submitted pursuant to
6900	6900	6 this Section and, unless it is determined that the application
6901	6901	7 does not conform with the requirements of this Section or that
6902	6902	8 grounds exist for a denial of the application under Section
6903	6903	9 5-501, grant the applicant a motor vehicle financing affiliate
6904	6904	10 license in writing for the applicant's established place of
6905	6905	11 business and a supplemental license in writing for each
6906	6906	12 additional place of business in a form prescribed by the
6907	6907	13 Secretary, which shall include all of the following:
6908	6908	14 (1) The name of the business licensed;
6909	6909	15 (2) The name and address of its officers, directors,
6910	6910	16 or members, as applicable;
6911	6911	17 (3) In the case of an original license, the
6912	6912	18 established place of business of the licensee;
6913	6913	19 (4) If applicable, the make or makes of new vehicles
6914	6914	20 which the licensee is licensed to sell to the new motor
6915	6915	21 vehicle dealer listed on the application pursuant to
6916	6916	22 paragraph (2) of subsection (b); and
6917	6917	23 (5) The full name, address, and contact information of
6918	6918	24 each of the dealer's agents or legal representatives who
6919	6919	25 is an Illinois resident and liable for the performance of
6920	6920	26 the dealership.
6921	6921
6922	6922
6923	6923
6924	6924
6925	6925
6926	6926	HB3575 - 193 - LRB103 29826 RLC 56234 b
6927	6927
6928	6928
6929	6929	HB3575- 194 -LRB103 29826 RLC 56234 b HB3575 - 194 - LRB103 29826 RLC 56234 b
6930	6930	HB3575 - 194 - LRB103 29826 RLC 56234 b
6931	6931	1 (h) The appropriate instrument evidencing the license or a
6932	6932	2 certified copy, provided by the Secretary of State, shall be
6933	6933	3 kept posted conspicuously in the established place of business
6934	6934	4 of the licensee.
6935	6935	5 (i) Except as provided in subsection (h), all motor
6936	6936	6 vehicle financing affiliate's licenses granted under this
6937	6937	7 Section shall expire expired by operation of law on December
6938	6938	8 31 of the calendar year for which they are granted, unless
6939	6939	9 revoked or canceled at an earlier date pursuant to Section
6940	6940	10 5-501.
6941	6941	11 (j) A motor vehicle financing affiliate's license may be
6942	6942	12 renewed upon application and payment of the required fee.
6943	6943	13 However, when an application for renewal of a motor vehicle
6944	6944	14 financing affiliate's license is made during the month of
6945	6945	15 December, the effective license shall remain in force until
6946	6946	16 the application is granted or denied by the Secretary of
6947	6947	17 State.
6948	6948	18 (k) The contract a motor vehicle financing affiliate has
6949	6949	19 with a manufacturer or franchised distributor, as provided in
6950	6950	20 paragraph (5) of subsection (b), shall only permit the
6951	6951	21 applicant to sell, transfer, or assign new motor vehicles to
6952	6952	22 the new motor vehicle dealer listed on the application
6953	6953	23 pursuant to paragraph (2) of subsection (b). The contract
6954	6954	24 shall specifically prohibit the motor vehicle financing
6955	6955	25 affiliate from selling motor vehicles at retail. This contract
6956	6956	26 shall not be considered the granting of a franchise as defined
6957	6957
6958	6958
6959	6959
6960	6960
6961	6961
6962	6962	HB3575 - 194 - LRB103 29826 RLC 56234 b
6963	6963
6964	6964
6965	6965	HB3575- 195 -LRB103 29826 RLC 56234 b HB3575 - 195 - LRB103 29826 RLC 56234 b
6966	6966	HB3575 - 195 - LRB103 29826 RLC 56234 b
6967	6967	1 in Section 2 of the Motor Vehicle Franchise Act.
6968	6968	2 (l) When purchasing of a motor vehicle by a new or used
6969	6969	3 motor vehicle dealer, all persons licensed as a motor vehicle
6970	6970	4 financing affiliate are required to furnish all of the
6971	6971	5 following:
6972	6972	6 (1) For a new vehicle, a manufacturer's statement of
6973	6973	7 origin properly assigned to the purchasing dealer. For a
6974	6974	8 used vehicle, a certificate of title properly assigned to
6975	6975	9 the purchasing dealer.
6976	6976	10 (2) A statement verified under oath that all
6977	6977	11 identifying numbers on the vehicle agree with those on the
6978	6978	12 certificate of title or manufacturer's statement of
6979	6979	13 origin.
6980	6980	14 (3) A bill of sale properly executed on behalf of the
6981	6981	15 purchasing dealer.
6982	6982	16 (4) A copy of the Uniform Invoice-transaction report
6983	6983	17 pursuant to Section 5-402.
6984	6984	18 (5) In the case of a rebuilt vehicle, a copy of the
6985	6985	19 Disclosure of Rebuilt Vehicle Status pursuant to Section
6986	6986	20 5-104.3.
6987	6987	21 (6) In the case of a vehicle for which a warranty has
6988	6988	22 been reinstated, a copy of the warranty.
6989	6989	23 (m) The motor vehicle financing affiliate shall use the
6990	6990	24 established and supplemental place or places of business the
6991	6991	25 new or used vehicle dealer listed on the application pursuant
6992	6992	26 to paragraph (2) of subsection (b) as its established and
6993	6993
6994	6994
6995	6995
6996	6996
6997	6997
6998	6998	HB3575 - 195 - LRB103 29826 RLC 56234 b
6999	6999
7000	7000
7001	7001	HB3575- 196 -LRB103 29826 RLC 56234 b HB3575 - 196 - LRB103 29826 RLC 56234 b
7002	7002	HB3575 - 196 - LRB103 29826 RLC 56234 b
7003	7003	1 supplemental place or places of business.
7004	7004	2 (n) The motor vehicle financing affiliate shall keep all
7005	7005	3 books and records required by this Code with the books and
7006	7006	4 records of the new or used vehicle dealer listed on the
7007	7007	5 application pursuant to paragraph (2) of subsection (b). The
7008	7008	6 motor vehicle financing affiliate may use the books and
7009	7009	7 records of the new or used motor vehicle dealer listed on the
7010	7010	8 application pursuant to paragraph (2) of subsection (b).
7011	7011	9 (o) Under no circumstances shall a motor vehicle financing
7012	7012	10 affiliate sell, transfer, or assign a new vehicle to any place
7013	7013	11 of business of a new motor vehicle dealer, unless that place of
7014	7014	12 business is licensed under this Chapter to sell, assign, or
7015	7015	13 otherwise transfer the make of the new motor vehicle
7016	7016	14 transferred.
7017	7017	15 (p) All moneys received by the Secretary of State as
7018	7018	16 license fees under this Section shall be deposited into the
7019	7019	17 Motor Vehicle Review Board Fund and shall be used to
7020	7020	18 administer the Motor Vehicle Review Board under the Motor
7021	7021	19 Vehicle Franchise Act.
7022	7022	20 (q) Except as otherwise provided in this Section, a motor
7023	7023	21 vehicle financing affiliate shall comply with all provisions
7024	7024	22 of this Code.
7025	7025	23 (r) If a licensee under this Section voluntarily
7026	7026	24 surrenders a license to the Illinois Secretary of State Police
7027	7027	25 or a representative of the Secretary of State Vehicle Services
7028	7028	26 Department due to the licensee's inability to adhere to
7029	7029
7030	7030
7031	7031
7032	7032
7033	7033
7034	7034	HB3575 - 196 - LRB103 29826 RLC 56234 b
7035	7035
7036	7036
7037	7037	HB3575- 197 -LRB103 29826 RLC 56234 b HB3575 - 197 - LRB103 29826 RLC 56234 b
7038	7038	HB3575 - 197 - LRB103 29826 RLC 56234 b
7039	7039	1 recordkeeping provisions, or the inability to properly issue
7040	7040	2 certificates of title or registrations under this Code, or the
7041	7041	3 Secretary revokes a license under this Section, then the
7042	7042	4 licensee and the licensee's agent, designee, or legal
7043	7043	5 representative, if applicable, may not be named on a new
7044	7044	6 application for a licensee under this Section or under this
7045	7045	7 Chapter, nor is the licensee or the licensee's agent,
7046	7046	8 designee, or legal representative permitted to work for
7047	7047	9 another licensee under this Chapter in a recordkeeping,
7048	7048	10 management, or financial position or as an employee who
7049	7049	11 handles certificate of title and registration documents and
7050	7050	12 applications.
7051	7051	13 (Source: P.A. 102-154, eff. 1-1-22; 102-982, eff. 7-1-23;
7052	7052	14 revised 8-22-22.)
7053	7053	15 (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
7054	7054	16 (Text of Section before amendment by P.A. 102-982)
7055	7055	17 Sec. 5-102. Used vehicle dealers must be licensed.
7056	7056	18 (a) No person, other than a licensed new vehicle dealer,
7057	7057	19 shall engage in the business of selling or dealing in, on
7058	7058	20 consignment or otherwise, 5 or more used vehicles of any make
7059	7059	21 during the year (except house trailers as authorized by
7060	7060	22 paragraph (j) of this Section and rebuilt salvage vehicles
7061	7061	23 sold by their rebuilders to persons licensed under this
7062	7062	24 Chapter), or act as an intermediary, agent or broker for any
7063	7063	25 licensed dealer or vehicle purchaser (other than as a
7064	7064
7065	7065
7066	7066
7067	7067
7068	7068
7069	7069	HB3575 - 197 - LRB103 29826 RLC 56234 b
7070	7070
7071	7071
7072	7072	HB3575- 198 -LRB103 29826 RLC 56234 b HB3575 - 198 - LRB103 29826 RLC 56234 b
7073	7073	HB3575 - 198 - LRB103 29826 RLC 56234 b
7074	7074	1 salesperson) or represent or advertise that he is so engaged
7075	7075	2 or intends to so engage in such business unless licensed to do
7076	7076	3 so by the Secretary of State under the provisions of this
7077	7077	4 Section.
7078	7078	5 (b) An application for a used vehicle dealer's license
7079	7079	6 shall be filed with the Secretary of State, duly verified by
7080	7080	7 oath, in such form as the Secretary of State may by rule or
7081	7081	8 regulation prescribe and shall contain:
7082	7082	9 1. The name and type of business organization
7083	7083	10 established and additional places of business, if any, in
7084	7084	11 this State.
7085	7085	12 2. If the applicant is a corporation, a list of its
7086	7086	13 officers, directors, and shareholders having a ten percent
7087	7087	14 or greater ownership interest in the corporation, setting
7088	7088	15 forth the residence address of each; if the applicant is a
7089	7089	16 sole proprietorship, a partnership, an unincorporated
7090	7090	17 association, a trust, or any similar form of business
7091	7091	18 organization, the names and residence address of the
7092	7092	19 proprietor or of each partner, member, officer, director,
7093	7093	20 trustee, or manager.
7094	7094	21 3. A statement that the applicant has been approved
7095	7095	22 for registration under the Retailers' Occupation Tax Act
7096	7096	23 by the Department of Revenue. However, this requirement
7097	7097	24 does not apply to a dealer who is already licensed
7098	7098	25 hereunder with the Secretary of State, and who is merely
7099	7099	26 applying for a renewal of his license. As evidence of this
7100	7100
7101	7101
7102	7102
7103	7103
7104	7104
7105	7105	HB3575 - 198 - LRB103 29826 RLC 56234 b
7106	7106
7107	7107
7108	7108	HB3575- 199 -LRB103 29826 RLC 56234 b HB3575 - 199 - LRB103 29826 RLC 56234 b
7109	7109	HB3575 - 199 - LRB103 29826 RLC 56234 b
7110	7110	1 fact, the application shall be accompanied by a
7111	7111	2 certification from the Department of Revenue showing that
7112	7112	3 the Department has approved the applicant for registration
7113	7113	4 under the Retailers' Occupation Tax Act.
7114	7114	5 4. A statement that the applicant has complied with
7115	7115	6 the appropriate liability insurance requirement. A
7116	7116	7 Certificate of Insurance in a solvent company authorized
7117	7117	8 to do business in the State of Illinois shall be included
7118	7118	9 with each application covering each location at which he
7119	7119	10 proposes to act as a used vehicle dealer. The policy must
7120	7120	11 provide liability coverage in the minimum amounts of
7121	7121	12 $100,000 for bodily injury to, or death of, any person,
7122	7122	13 $300,000 for bodily injury to, or death of, two or more
7123	7123	14 persons in any one accident, and $50,000 for damage to
7124	7124	15 property. Such policy shall expire not sooner than
7125	7125	16 December 31 of the year for which the license was issued or
7126	7126	17 renewed. The expiration of the insurance policy shall not
7127	7127	18 terminate the liability under the policy arising during
7128	7128	19 the period for which the policy was filed. Trailer and
7129	7129	20 mobile home dealers are exempt from this requirement.
7130	7130	21 If the permitted user has a liability insurance policy
7131	7131	22 that provides automobile liability insurance coverage of
7132	7132	23 at least $100,000 for bodily injury to or the death of any
7133	7133	24 person, $300,000 for bodily injury to or the death of any 2
7134	7134	25 or more persons in any one accident, and $50,000 for
7135	7135	26 damage to property, then the permitted user's insurer
7136	7136
7137	7137
7138	7138
7139	7139
7140	7140
7141	7141	HB3575 - 199 - LRB103 29826 RLC 56234 b
7142	7142
7143	7143
7144	7144	HB3575- 200 -LRB103 29826 RLC 56234 b HB3575 - 200 - LRB103 29826 RLC 56234 b
7145	7145	HB3575 - 200 - LRB103 29826 RLC 56234 b
7146	7146	1 shall be the primary insurer and the dealer's insurer
7147	7147	2 shall be the secondary insurer. If the permitted user does
7148	7148	3 not have a liability insurance policy that provides
7149	7149	4 automobile liability insurance coverage of at least
7150	7150	5 $100,000 for bodily injury to or the death of any person,
7151	7151	6 $300,000 for bodily injury to or the death of any 2 or more
7152	7152	7 persons in any one accident, and $50,000 for damage to
7153	7153	8 property, or does not have any insurance at all, then the
7154	7154	9 dealer's insurer shall be the primary insurer and the
7155	7155	10 permitted user's insurer shall be the secondary insurer.
7156	7156	11 When a permitted user is "test driving" a used vehicle
7157	7157	12 dealer's automobile, the used vehicle dealer's insurance
7158	7158	13 shall be primary and the permitted user's insurance shall
7159	7159	14 be secondary.
7160	7160	15 As used in this paragraph 4, a "permitted user" is a
7161	7161	16 person who, with the permission of the used vehicle dealer
7162	7162	17 or an employee of the used vehicle dealer, drives a
7163	7163	18 vehicle owned and held for sale or lease by the used
7164	7164	19 vehicle dealer which the person is considering to purchase
7165	7165	20 or lease, in order to evaluate the performance,
7166	7166	21 reliability, or condition of the vehicle. The term
7167	7167	22 "permitted user" also includes a person who, with the
7168	7168	23 permission of the used vehicle dealer, drives a vehicle
7169	7169	24 owned or held for sale or lease by the used vehicle dealer
7170	7170	25 for loaner purposes while the user's vehicle is being
7171	7171	26 repaired or evaluated.
7172	7172
7173	7173
7174	7174
7175	7175
7176	7176
7177	7177	HB3575 - 200 - LRB103 29826 RLC 56234 b
7178	7178
7179	7179
7180	7180	HB3575- 201 -LRB103 29826 RLC 56234 b HB3575 - 201 - LRB103 29826 RLC 56234 b
7181	7181	HB3575 - 201 - LRB103 29826 RLC 56234 b
7182	7182	1 As used in this paragraph 4, "test driving" occurs
7183	7183	2 when a permitted user who, with the permission of the used
7184	7184	3 vehicle dealer or an employee of the used vehicle dealer,
7185	7185	4 drives a vehicle owned and held for sale or lease by a used
7186	7186	5 vehicle dealer that the person is considering to purchase
7187	7187	6 or lease, in order to evaluate the performance,
7188	7188	7 reliability, or condition of the vehicle.
7189	7189	8 As used in this paragraph 4, "loaner purposes" means
7190	7190	9 when a person who, with the permission of the used vehicle
7191	7191	10 dealer, drives a vehicle owned or held for sale or lease by
7192	7192	11 the used vehicle dealer while the user's vehicle is being
7193	7193	12 repaired or evaluated.
7194	7194	13 5. An application for a used vehicle dealer's license
7195	7195	14 shall be accompanied by the following license fees:
7196	7196	15 (A) $1,000 for applicant's established place of
7197	7197	16 business, and $50 for each additional place of
7198	7198	17 business, if any, to which the application pertains;
7199	7199	18 however, if the application is made after June 15 of
7200	7200	19 any year, the license fee shall be $500 for
7201	7201	20 applicant's established place of business plus $25 for
7202	7202	21 each additional place of business, if any, to which
7203	7203	22 the application pertains. License fees shall be
7204	7204	23 returnable only in the event that the application is
7205	7205	24 denied by the Secretary of State. Of the money
7206	7206	25 received by the Secretary of State as license fees
7207	7207	26 under this subparagraph (A) for the 2004 licensing
7208	7208
7209	7209
7210	7210
7211	7211
7212	7212
7213	7213	HB3575 - 201 - LRB103 29826 RLC 56234 b
7214	7214
7215	7215
7216	7216	HB3575- 202 -LRB103 29826 RLC 56234 b HB3575 - 202 - LRB103 29826 RLC 56234 b
7217	7217	HB3575 - 202 - LRB103 29826 RLC 56234 b
7218	7218	1 year and thereafter, 95% shall be deposited into the
7219	7219	2 General Revenue Fund.
7220	7220	3 (B) Except for dealers selling 25 or fewer
7221	7221	4 automobiles or as provided in subsection (h) of
7222	7222	5 Section 5-102.7 of this Code, an Annual Dealer
7223	7223	6 Recovery Fund Fee in the amount of $500 for the
7224	7224	7 applicant's established place of business, and $50 for
7225	7225	8 each additional place of business, if any, to which
7226	7226	9 the application pertains; but if the application is
7227	7227	10 made after June 15 of any year, the fee shall be $250
7228	7228	11 for the applicant's established place of business plus
7229	7229	12 $25 for each additional place of business, if any, to
7230	7230	13 which the application pertains. For a license renewal
7231	7231	14 application, the fee shall be based on the amount of
7232	7232	15 automobiles sold in the past year according to the
7233	7233	16 following formula:
7234	7234	17 (1) $0 for dealers selling 25 or less
7235	7235	18 automobiles;
7236	7236	19 (2) $150 for dealers selling more than 25 but
7237	7237	20 less than 200 automobiles;
7238	7238	21 (3) $300 for dealers selling 200 or more
7239	7239	22 automobiles but less than 300 automobiles; and
7240	7240	23 (4) $500 for dealers selling 300 or more
7241	7241	24 automobiles.
7242	7242	25 License fees shall be returnable only in the event
7243	7243	26 that the application is denied by the Secretary of
7244	7244
7245	7245
7246	7246
7247	7247
7248	7248
7249	7249	HB3575 - 202 - LRB103 29826 RLC 56234 b
7250	7250
7251	7251
7252	7252	HB3575- 203 -LRB103 29826 RLC 56234 b HB3575 - 203 - LRB103 29826 RLC 56234 b
7253	7253	HB3575 - 203 - LRB103 29826 RLC 56234 b
7254	7254	1 State. Moneys received under this subparagraph (B)
7255	7255	2 shall be deposited into the Dealer Recovery Trust
7256	7256	3 Fund.
7257	7257	4 6. A statement that the applicant's officers,
7258	7258	5 directors, shareholders having a 10% or greater ownership
7259	7259	6 interest therein, proprietor, partner, member, officer,
7260	7260	7 director, trustee, manager, or other principals in the
7261	7261	8 business have not committed in the past 3 years any one
7262	7262	9 violation as determined in any civil, criminal, or
7263	7263	10 administrative proceedings of any one of the following
7264	7264	11 Acts:
7265	7265	12 (A) The Anti-Theft Laws of the Illinois Vehicle
7266	7266	13 Code;
7267	7267	14 (B) The Certificate of Title Laws of the Illinois
7268	7268	15 Vehicle Code;
7269	7269	16 (C) The Offenses against Registration and
7270	7270	17 Certificates of Title Laws of the Illinois Vehicle
7271	7271	18 Code;
7272	7272	19 (D) The Dealers, Transporters, Wreckers and
7273	7273	20 Rebuilders Laws of the Illinois Vehicle Code;
7274	7274	21 (E) Section 21-2 of the Criminal Code of 1961 or
7275	7275	22 the Criminal Code of 2012, Criminal Trespass to
7276	7276	23 Vehicles; or
7277	7277	24 (F) The Retailers' Occupation Tax Act.
7278	7278	25 7. A statement that the applicant's officers,
7279	7279	26 directors, shareholders having a 10% or greater ownership
7280	7280
7281	7281
7282	7282
7283	7283
7284	7284
7285	7285	HB3575 - 203 - LRB103 29826 RLC 56234 b
7286	7286
7287	7287
7288	7288	HB3575- 204 -LRB103 29826 RLC 56234 b HB3575 - 204 - LRB103 29826 RLC 56234 b
7289	7289	HB3575 - 204 - LRB103 29826 RLC 56234 b
7290	7290	1 interest therein, proprietor, partner, member, officer,
7291	7291	2 director, trustee, manager, or other principals in the
7292	7292	3 business have not committed in any calendar year 3 or more
7293	7293	4 violations, as determined in any civil, criminal, or
7294	7294	5 administrative proceedings, of any one or more of the
7295	7295	6 following Acts:
7296	7296	7 (A) The Consumer Finance Act;
7297	7297	8 (B) The Consumer Installment Loan Act;
7298	7298	9 (C) The Retail Installment Sales Act;
7299	7299	10 (D) The Motor Vehicle Retail Installment Sales
7300	7300	11 Act;
7301	7301	12 (E) The Interest Act;
7302	7302	13 (F) The Illinois Wage Assignment Act;
7303	7303	14 (G) Part 8 of Article XII of the Code of Civil
7304	7304	15 Procedure; or
7305	7305	16 (H) The Consumer Fraud and Deceptive Business
7306	7306	17 Practices Act.
7307	7307	18 7.5. A statement that, within 10 years of application,
7308	7308	19 each officer, director, shareholder having a 10% or
7309	7309	20 greater ownership interest therein, proprietor, partner,
7310	7310	21 member, officer, director, trustee, manager, or other
7311	7311	22 principal in the business of the applicant has not
7312	7312	23 committed, as determined in any civil, criminal, or
7313	7313	24 administrative proceeding, in any calendar year one or
7314	7314	25 more forcible felonies under the Criminal Code of 1961 or
7315	7315	26 the Criminal Code of 2012, or a violation of either or both
7316	7316
7317	7317
7318	7318
7319	7319
7320	7320
7321	7321	HB3575 - 204 - LRB103 29826 RLC 56234 b
7322	7322
7323	7323
7324	7324	HB3575- 205 -LRB103 29826 RLC 56234 b HB3575 - 205 - LRB103 29826 RLC 56234 b
7325	7325	HB3575 - 205 - LRB103 29826 RLC 56234 b
7326	7326	1 Article 16 or 17 of the Criminal Code of 1961 or a
7327	7327	2 violation of either or both Article 16 or 17 of the
7328	7328	3 Criminal Code of 2012, Article 29B of the Criminal Code of
7329	7329	4 1961 or the Criminal Code of 2012, or a similar
7330	7330	5 out-of-state offense. For the purposes of this paragraph,
7331	7331	6 "forcible felony" has the meaning provided in Section 2-8
7332	7332	7 of the Criminal Code of 2012.
7333	7333	8 8. A bond or Certificate of Deposit in the amount of
7334	7334	9 $50,000 for each location at which the applicant intends
7335	7335	10 to act as a used vehicle dealer. The bond shall be for the
7336	7336	11 term of the license, or its renewal, for which application
7337	7337	12 is made, and shall expire not sooner than December 31 of
7338	7338	13 the year for which the license was issued or renewed. The
7339	7339	14 bond shall run to the People of the State of Illinois, with
7340	7340	15 surety by a bonding or insurance company authorized to do
7341	7341	16 business in this State. It shall be conditioned upon the
7342	7342	17 proper transmittal of all title and registration fees and
7343	7343	18 taxes (excluding taxes under the Retailers' Occupation Tax
7344	7344	19 Act) accepted by the applicant as a used vehicle dealer.
7345	7345	20 9. Such other information concerning the business of
7346	7346	21 the applicant as the Secretary of State may by rule or
7347	7347	22 regulation prescribe.
7348	7348	23 10. A statement that the applicant understands Chapter
7349	7349	24 1 through Chapter 5 of this Code.
7350	7350	25 11. A copy of the certification from the prelicensing
7351	7351	26 education program.
7352	7352
7353	7353
7354	7354
7355	7355
7356	7356
7357	7357	HB3575 - 205 - LRB103 29826 RLC 56234 b
7358	7358
7359	7359
7360	7360	HB3575- 206 -LRB103 29826 RLC 56234 b HB3575 - 206 - LRB103 29826 RLC 56234 b
7361	7361	HB3575 - 206 - LRB103 29826 RLC 56234 b
7362	7362	1 12. The full name, address, and contact information of
7363	7363	2 each of the dealer's agents or legal representatives who
7364	7364	3 is an Illinois resident and liable for the performance of
7365	7365	4 the dealership.
7366	7366	5 (c) Any change which renders no longer accurate any
7367	7367	6 information contained in any application for a used vehicle
7368	7368	7 dealer's license shall be amended within 30 days after the
7369	7369	8 occurrence of each change on such form as the Secretary of
7370	7370	9 State may prescribe by rule or regulation, accompanied by an
7371	7371	10 amendatory fee of $2.
7372	7372	11 (d) Anything in this Chapter to the contrary
7373	7373	12 notwithstanding, no person shall be licensed as a used vehicle
7374	7374	13 dealer unless such person maintains an established place of
7375	7375	14 business as defined in this Chapter.
7376	7376	15 (e) The Secretary of State shall, within a reasonable time
7377	7377	16 after receipt, examine an application submitted to him under
7378	7378	17 this Section. Unless the Secretary makes a determination that
7379	7379	18 the application submitted to him does not conform to this
7380	7380	19 Section or that grounds exist for a denial of the application
7381	7381	20 under Section 5-501 of this Chapter, he must grant the
7382	7382	21 applicant an original used vehicle dealer's license in writing
7383	7383	22 for his established place of business and a supplemental
7384	7384	23 license in writing for each additional place of business in
7385	7385	24 such form as he may prescribe by rule or regulation which shall
7386	7386	25 include the following:
7387	7387	26 1. The name of the person licensed;
7388	7388
7389	7389
7390	7390
7391	7391
7392	7392
7393	7393	HB3575 - 206 - LRB103 29826 RLC 56234 b
7394	7394
7395	7395
7396	7396	HB3575- 207 -LRB103 29826 RLC 56234 b HB3575 - 207 - LRB103 29826 RLC 56234 b
7397	7397	HB3575 - 207 - LRB103 29826 RLC 56234 b
7398	7398	1 2. If a corporation, the name and address of its
7399	7399	2 officers or if a sole proprietorship, a partnership, an
7400	7400	3 unincorporated association or any similar form of business
7401	7401	4 organization, the name and address of the proprietor or of
7402	7402	5 each partner, member, officer, director, trustee, or
7403	7403	6 manager;
7404	7404	7 3. In case of an original license, the established
7405	7405	8 place of business of the licensee;
7406	7406	9 4. In the case of a supplemental license, the
7407	7407	10 established place of business of the licensee and the
7408	7408	11 additional place of business to which such supplemental
7409	7409	12 license pertains;
7410	7410	13 5. The full name, address, and contact information of
7411	7411	14 each of the dealer's agents or legal representatives who
7412	7412	15 is an Illinois resident and liable for the performance of
7413	7413	16 the dealership.
7414	7414	17 (f) The appropriate instrument evidencing the license or a
7415	7415	18 certified copy thereof, provided by the Secretary of State
7416	7416	19 shall be kept posted, conspicuously, in the established place
7417	7417	20 of business of the licensee and in each additional place of
7418	7418	21 business, if any, maintained by such licensee.
7419	7419	22 (g) Except as provided in subsection (h) of this Section,
7420	7420	23 all used vehicle dealer's licenses granted under this Section
7421	7421	24 expire by operation of law on December 31 of the calendar year
7422	7422	25 for which they are granted unless sooner revoked or cancelled
7423	7423	26 under Section 5-501 of this Chapter.
7424	7424
7425	7425
7426	7426
7427	7427
7428	7428
7429	7429	HB3575 - 207 - LRB103 29826 RLC 56234 b
7430	7430
7431	7431
7432	7432	HB3575- 208 -LRB103 29826 RLC 56234 b HB3575 - 208 - LRB103 29826 RLC 56234 b
7433	7433	HB3575 - 208 - LRB103 29826 RLC 56234 b
7434	7434	1 (h) A used vehicle dealer's license may be renewed upon
7435	7435	2 application and payment of the fee required herein, and
7436	7436	3 submission of proof of coverage by an approved bond under the
7437	7437	4 Retailers' Occupation Tax Act or proof that applicant is not
7438	7438	5 subject to such bonding requirements, as in the case of an
7439	7439	6 original license, but in case an application for the renewal
7440	7440	7 of an effective license is made during the month of December,
7441	7441	8 the effective license shall remain in force until the
7442	7442	9 application for renewal is granted or denied by the Secretary
7443	7443	10 of State.
7444	7444	11 (i) All persons licensed as a used vehicle dealer are
7445	7445	12 required to furnish each purchaser of a motor vehicle:
7446	7446	13 1. A certificate of title properly assigned to the
7447	7447	14 purchaser;
7448	7448	15 2. A statement verified under oath that all
7449	7449	16 identifying numbers on the vehicle agree with those on the
7450	7450	17 certificate of title;
7451	7451	18 3. A bill of sale properly executed on behalf of such
7452	7452	19 person;
7453	7453	20 4. A copy of the Uniform Invoice-transaction reporting
7454	7454	21 return referred to in Section 5-402 of this Chapter;
7455	7455	22 5. In the case of a rebuilt vehicle, a copy of the
7456	7456	23 Disclosure of Rebuilt Vehicle Status; and
7457	7457	24 6. In the case of a vehicle for which the warranty has
7458	7458	25 been reinstated, a copy of the warranty.
7459	7459	26 (j) A real estate broker holding a valid certificate of
7460	7460
7461	7461
7462	7462
7463	7463
7464	7464
7465	7465	HB3575 - 208 - LRB103 29826 RLC 56234 b
7466	7466
7467	7467
7468	7468	HB3575- 209 -LRB103 29826 RLC 56234 b HB3575 - 209 - LRB103 29826 RLC 56234 b
7469	7469	HB3575 - 209 - LRB103 29826 RLC 56234 b
7470	7470	1 registration issued pursuant to "The Real Estate Brokers and
7471	7471	2 Salesmen License Act" may engage in the business of selling or
7472	7472	3 dealing in house trailers not his own without being licensed
7473	7473	4 as a used vehicle dealer under this Section; however such
7474	7474	5 broker shall maintain a record of the transaction including
7475	7475	6 the following:
7476	7476	7 (1) the name and address of the buyer and seller,
7477	7477	8 (2) the date of sale,
7478	7478	9 (3) a description of the mobile home, including the
7479	7479	10 vehicle identification number, make, model, and year, and
7480	7480	11 (4) the Illinois certificate of title number.
7481	7481	12 The foregoing records shall be available for inspection by
7482	7482	13 any officer of the Secretary of State's Office at any
7483	7483	14 reasonable hour.
7484	7484	15 (k) Except at the time of sale or repossession of the
7485	7485	16 vehicle, no person licensed as a used vehicle dealer may issue
7486	7486	17 any other person a newly created key to a vehicle unless the
7487	7487	18 used vehicle dealer makes a color photocopy or electronic scan
7488	7488	19 of the driver's license or State identification card of the
7489	7489	20 person requesting or obtaining the newly created key. The used
7490	7490	21 vehicle dealer must retain the photocopy or scan for 30 days.
7491	7491	22 A used vehicle dealer who violates this subsection (k) is
7492	7492	23 guilty of a petty offense. Violation of this subsection (k) is
7493	7493	24 not cause to suspend, revoke, cancel, or deny renewal of the
7494	7494	25 used vehicle dealer's license.
7495	7495	26 (l) Used vehicle dealers licensed under this Section shall
7496	7496
7497	7497
7498	7498
7499	7499
7500	7500
7501	7501	HB3575 - 209 - LRB103 29826 RLC 56234 b
7502	7502
7503	7503
7504	7504	HB3575- 210 -LRB103 29826 RLC 56234 b HB3575 - 210 - LRB103 29826 RLC 56234 b
7505	7505	HB3575 - 210 - LRB103 29826 RLC 56234 b
7506	7506	1 provide the Secretary of State a register for the sale at
7507	7507	2 auction of each salvage or junk certificate vehicle. Each
7508	7508	3 register shall include the following information:
7509	7509	4 1. The year, make, model, style, and color of the
7510	7510	5 vehicle;
7511	7511	6 2. The vehicle's manufacturer's identification number
7512	7512	7 or, if applicable, the Secretary of State or Illinois
7513	7513	8 State Police identification number;
7514	7514	9 3. The date of acquisition of the vehicle;
7515	7515	10 4. The name and address of the person from whom the
7516	7516	11 vehicle was acquired;
7517	7517	12 5. The name and address of the person to whom any
7518	7518	13 vehicle was disposed, the person's Illinois license number
7519	7519	14 or if the person is an out-of-state salvage vehicle buyer,
7520	7520	15 the license number from the state or jurisdiction where
7521	7521	16 the buyer is licensed; and
7522	7522	17 6. The purchase price of the vehicle.
7523	7523	18 The register shall be submitted to the Secretary of State
7524	7524	19 via written or electronic means within 10 calendar days from
7525	7525	20 the date of the auction.
7526	7526	21 (m) If a licensee under this Section voluntarily
7527	7527	22 surrenders a license to the Illinois Secretary of State Police
7528	7528	23 or a representative of the Secretary of State Vehicle Services
7529	7529	24 Department due to the licensee's inability to adhere to
7530	7530	25 recordkeeping provisions, or the inability to properly issue
7531	7531	26 certificates of title or registrations under this Code, or the
7532	7532
7533	7533
7534	7534
7535	7535
7536	7536
7537	7537	HB3575 - 210 - LRB103 29826 RLC 56234 b
7538	7538
7539	7539
7540	7540	HB3575- 211 -LRB103 29826 RLC 56234 b HB3575 - 211 - LRB103 29826 RLC 56234 b
7541	7541	HB3575 - 211 - LRB103 29826 RLC 56234 b
7542	7542	1 Secretary revokes a license under this Section, then the
7543	7543	2 licensee and the licensee's agent, designee, or legal
7544	7544	3 representative, if applicable, may not be named on a new
7545	7545	4 application for a licensee under this Section or under this
7546	7546	5 Chapter, nor is the licensee or the licensee's agent,
7547	7547	6 designee, or legal representative permitted to work for
7548	7548	7 another licensee under this Chapter in a recordkeeping,
7549	7549	8 management, or financial position or as an employee who
7550	7550	9 handles certificate of title and registration documents and
7551	7551	10 applications.
7552	7552	11 (Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22;
7553	7553	12 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
7554	7554	13 (Text of Section after amendment by P.A. 102-982)
7555	7555	14 Sec. 5-102. Used vehicle dealers must be licensed.
7556	7556	15 (a) No person, other than a licensed new vehicle dealer,
7557	7557	16 shall engage in the business of selling or dealing in, on
7558	7558	17 consignment or otherwise, 5 or more used vehicles of any make
7559	7559	18 during the year (except house trailers as authorized by
7560	7560	19 paragraph (j) of this Section and rebuilt salvage vehicles
7561	7561	20 sold by their rebuilders to persons licensed under this
7562	7562	21 Chapter), or act as an intermediary, agent or broker for any
7563	7563	22 licensed dealer or vehicle purchaser (other than as a
7564	7564	23 salesperson) or represent or advertise that he is so engaged
7565	7565	24 or intends to so engage in such business unless licensed to do
7566	7566	25 so by the Secretary of State under the provisions of this
7567	7567
7568	7568
7569	7569
7570	7570
7571	7571
7572	7572	HB3575 - 211 - LRB103 29826 RLC 56234 b
7573	7573
7574	7574
7575	7575	HB3575- 212 -LRB103 29826 RLC 56234 b HB3575 - 212 - LRB103 29826 RLC 56234 b
7576	7576	HB3575 - 212 - LRB103 29826 RLC 56234 b
7577	7577	1 Section.
7578	7578	2 (b) An application for a used vehicle dealer's license
7579	7579	3 shall be filed with the Secretary of State, duly verified by
7580	7580	4 oath, in such form as the Secretary of State may by rule or
7581	7581	5 regulation prescribe and shall contain:
7582	7582	6 1. The name and type of business organization
7583	7583	7 established and additional places of business, if any, in
7584	7584	8 this State.
7585	7585	9 2. If the applicant is a corporation, a list of its
7586	7586	10 officers, directors, and shareholders having a ten percent
7587	7587	11 or greater ownership interest in the corporation, setting
7588	7588	12 forth the residence address of each; if the applicant is a
7589	7589	13 sole proprietorship, a partnership, an unincorporated
7590	7590	14 association, a trust, or any similar form of business
7591	7591	15 organization, the names and residence address of the
7592	7592	16 proprietor or of each partner, member, officer, director,
7593	7593	17 trustee, or manager.
7594	7594	18 3. A statement that the applicant has been approved
7595	7595	19 for registration under the Retailers' Occupation Tax Act
7596	7596	20 by the Department of Revenue. However, this requirement
7597	7597	21 does not apply to a dealer who is already licensed
7598	7598	22 hereunder with the Secretary of State, and who is merely
7599	7599	23 applying for a renewal of his license. As evidence of this
7600	7600	24 fact, the application shall be accompanied by a
7601	7601	25 certification from the Department of Revenue showing that
7602	7602	26 the Department has approved the applicant for registration
7603	7603
7604	7604
7605	7605
7606	7606
7607	7607
7608	7608	HB3575 - 212 - LRB103 29826 RLC 56234 b
7609	7609
7610	7610
7611	7611	HB3575- 213 -LRB103 29826 RLC 56234 b HB3575 - 213 - LRB103 29826 RLC 56234 b
7612	7612	HB3575 - 213 - LRB103 29826 RLC 56234 b
7613	7613	1 under the Retailers' Occupation Tax Act.
7614	7614	2 4. A statement that the applicant has complied with
7615	7615	3 the appropriate liability insurance requirement. A
7616	7616	4 Certificate of Insurance in a solvent company authorized
7617	7617	5 to do business in the State of Illinois shall be included
7618	7618	6 with each application covering each location at which he
7619	7619	7 proposes to act as a used vehicle dealer. The policy must
7620	7620	8 provide liability coverage in the minimum amounts of
7621	7621	9 $100,000 for bodily injury to, or death of, any person,
7622	7622	10 $300,000 for bodily injury to, or death of, two or more
7623	7623	11 persons in any one crash, and $50,000 for damage to
7624	7624	12 property. Such policy shall expire not sooner than
7625	7625	13 December 31 of the year for which the license was issued or
7626	7626	14 renewed. The expiration of the insurance policy shall not
7627	7627	15 terminate the liability under the policy arising during
7628	7628	16 the period for which the policy was filed. Trailer and
7629	7629	17 mobile home dealers are exempt from this requirement.
7630	7630	18 If the permitted user has a liability insurance policy
7631	7631	19 that provides automobile liability insurance coverage of
7632	7632	20 at least $100,000 for bodily injury to or the death of any
7633	7633	21 person, $300,000 for bodily injury to or the death of any 2
7634	7634	22 or more persons in any one crash, and $50,000 for damage to
7635	7635	23 property, then the permitted user's insurer shall be the
7636	7636	24 primary insurer and the dealer's insurer shall be the
7637	7637	25 secondary insurer. If the permitted user does not have a
7638	7638	26 liability insurance policy that provides automobile
7639	7639
7640	7640
7641	7641
7642	7642
7643	7643
7644	7644	HB3575 - 213 - LRB103 29826 RLC 56234 b
7645	7645
7646	7646
7647	7647	HB3575- 214 -LRB103 29826 RLC 56234 b HB3575 - 214 - LRB103 29826 RLC 56234 b
7648	7648	HB3575 - 214 - LRB103 29826 RLC 56234 b
7649	7649	1 liability insurance coverage of at least $100,000 for
7650	7650	2 bodily injury to or the death of any person, $300,000 for
7651	7651	3 bodily injury to or the death of any 2 or more persons in
7652	7652	4 any one crash, and $50,000 for damage to property, or does
7653	7653	5 not have any insurance at all, then the dealer's insurer
7654	7654	6 shall be the primary insurer and the permitted user's
7655	7655	7 insurer shall be the secondary insurer.
7656	7656	8 When a permitted user is "test driving" a used vehicle
7657	7657	9 dealer's automobile, the used vehicle dealer's insurance
7658	7658	10 shall be primary and the permitted user's insurance shall
7659	7659	11 be secondary.
7660	7660	12 As used in this paragraph 4, a "permitted user" is a
7661	7661	13 person who, with the permission of the used vehicle dealer
7662	7662	14 or an employee of the used vehicle dealer, drives a
7663	7663	15 vehicle owned and held for sale or lease by the used
7664	7664	16 vehicle dealer which the person is considering to purchase
7665	7665	17 or lease, in order to evaluate the performance,
7666	7666	18 reliability, or condition of the vehicle. The term
7667	7667	19 "permitted user" also includes a person who, with the
7668	7668	20 permission of the used vehicle dealer, drives a vehicle
7669	7669	21 owned or held for sale or lease by the used vehicle dealer
7670	7670	22 for loaner purposes while the user's vehicle is being
7671	7671	23 repaired or evaluated.
7672	7672	24 As used in this paragraph 4, "test driving" occurs
7673	7673	25 when a permitted user who, with the permission of the used
7674	7674	26 vehicle dealer or an employee of the used vehicle dealer,
7675	7675
7676	7676
7677	7677
7678	7678
7679	7679
7680	7680	HB3575 - 214 - LRB103 29826 RLC 56234 b
7681	7681
7682	7682
7683	7683	HB3575- 215 -LRB103 29826 RLC 56234 b HB3575 - 215 - LRB103 29826 RLC 56234 b
7684	7684	HB3575 - 215 - LRB103 29826 RLC 56234 b
7685	7685	1 drives a vehicle owned and held for sale or lease by a used
7686	7686	2 vehicle dealer that the person is considering to purchase
7687	7687	3 or lease, in order to evaluate the performance,
7688	7688	4 reliability, or condition of the vehicle.
7689	7689	5 As used in this paragraph 4, "loaner purposes" means
7690	7690	6 when a person who, with the permission of the used vehicle
7691	7691	7 dealer, drives a vehicle owned or held for sale or lease by
7692	7692	8 the used vehicle dealer while the user's vehicle is being
7693	7693	9 repaired or evaluated.
7694	7694	10 5. An application for a used vehicle dealer's license
7695	7695	11 shall be accompanied by the following license fees:
7696	7696	12 (A) $1,000 for applicant's established place of
7697	7697	13 business, and $50 for each additional place of
7698	7698	14 business, if any, to which the application pertains;
7699	7699	15 however, if the application is made after June 15 of
7700	7700	16 any year, the license fee shall be $500 for
7701	7701	17 applicant's established place of business plus $25 for
7702	7702	18 each additional place of business, if any, to which
7703	7703	19 the application pertains. License fees shall be
7704	7704	20 returnable only in the event that the application is
7705	7705	21 denied by the Secretary of State. Of the money
7706	7706	22 received by the Secretary of State as license fees
7707	7707	23 under this subparagraph (A) for the 2004 licensing
7708	7708	24 year and thereafter, 95% shall be deposited into the
7709	7709	25 General Revenue Fund.
7710	7710	26 (B) Except for dealers selling 25 or fewer
7711	7711
7712	7712
7713	7713
7714	7714
7715	7715
7716	7716	HB3575 - 215 - LRB103 29826 RLC 56234 b
7717	7717
7718	7718
7719	7719	HB3575- 216 -LRB103 29826 RLC 56234 b HB3575 - 216 - LRB103 29826 RLC 56234 b
7720	7720	HB3575 - 216 - LRB103 29826 RLC 56234 b
7721	7721	1 automobiles or as provided in subsection (h) of
7722	7722	2 Section 5-102.7 of this Code, an Annual Dealer
7723	7723	3 Recovery Fund Fee in the amount of $500 for the
7724	7724	4 applicant's established place of business, and $50 for
7725	7725	5 each additional place of business, if any, to which
7726	7726	6 the application pertains; but if the application is
7727	7727	7 made after June 15 of any year, the fee shall be $250
7728	7728	8 for the applicant's established place of business plus
7729	7729	9 $25 for each additional place of business, if any, to
7730	7730	10 which the application pertains. For a license renewal
7731	7731	11 application, the fee shall be based on the amount of
7732	7732	12 automobiles sold in the past year according to the
7733	7733	13 following formula:
7734	7734	14 (1) $0 for dealers selling 25 or less
7735	7735	15 automobiles;
7736	7736	16 (2) $150 for dealers selling more than 25 but
7737	7737	17 less than 200 automobiles;
7738	7738	18 (3) $300 for dealers selling 200 or more
7739	7739	19 automobiles but less than 300 automobiles; and
7740	7740	20 (4) $500 for dealers selling 300 or more
7741	7741	21 automobiles.
7742	7742	22 License fees shall be returnable only in the event
7743	7743	23 that the application is denied by the Secretary of
7744	7744	24 State. Moneys received under this subparagraph (B)
7745	7745	25 shall be deposited into the Dealer Recovery Trust
7746	7746	26 Fund.
7747	7747
7748	7748
7749	7749
7750	7750
7751	7751
7752	7752	HB3575 - 216 - LRB103 29826 RLC 56234 b
7753	7753
7754	7754
7755	7755	HB3575- 217 -LRB103 29826 RLC 56234 b HB3575 - 217 - LRB103 29826 RLC 56234 b
7756	7756	HB3575 - 217 - LRB103 29826 RLC 56234 b
7757	7757	1 6. A statement that the applicant's officers,
7758	7758	2 directors, shareholders having a 10% or greater ownership
7759	7759	3 interest therein, proprietor, partner, member, officer,
7760	7760	4 director, trustee, manager, or other principals in the
7761	7761	5 business have not committed in the past 3 years any one
7762	7762	6 violation as determined in any civil, criminal, or
7763	7763	7 administrative proceedings of any one of the following
7764	7764	8 Acts:
7765	7765	9 (A) The Anti-Theft Laws of the Illinois Vehicle
7766	7766	10 Code;
7767	7767	11 (B) The Certificate of Title Laws of the Illinois
7768	7768	12 Vehicle Code;
7769	7769	13 (C) The Offenses against Registration and
7770	7770	14 Certificates of Title Laws of the Illinois Vehicle
7771	7771	15 Code;
7772	7772	16 (D) The Dealers, Transporters, Wreckers and
7773	7773	17 Rebuilders Laws of the Illinois Vehicle Code;
7774	7774	18 (E) Section 21-2 of the Criminal Code of 1961 or
7775	7775	19 the Criminal Code of 2012, Criminal Trespass to
7776	7776	20 Vehicles; or
7777	7777	21 (F) The Retailers' Occupation Tax Act.
7778	7778	22 7. A statement that the applicant's officers,
7779	7779	23 directors, shareholders having a 10% or greater ownership
7780	7780	24 interest therein, proprietor, partner, member, officer,
7781	7781	25 director, trustee, manager, or other principals in the
7782	7782	26 business have not committed in any calendar year 3 or more
7783	7783
7784	7784
7785	7785
7786	7786
7787	7787
7788	7788	HB3575 - 217 - LRB103 29826 RLC 56234 b
7789	7789
7790	7790
7791	7791	HB3575- 218 -LRB103 29826 RLC 56234 b HB3575 - 218 - LRB103 29826 RLC 56234 b
7792	7792	HB3575 - 218 - LRB103 29826 RLC 56234 b
7793	7793	1 violations, as determined in any civil, criminal, or
7794	7794	2 administrative proceedings, of any one or more of the
7795	7795	3 following Acts:
7796	7796	4 (A) The Consumer Finance Act;
7797	7797	5 (B) The Consumer Installment Loan Act;
7798	7798	6 (C) The Retail Installment Sales Act;
7799	7799	7 (D) The Motor Vehicle Retail Installment Sales
7800	7800	8 Act;
7801	7801	9 (E) The Interest Act;
7802	7802	10 (F) The Illinois Wage Assignment Act;
7803	7803	11 (G) Part 8 of Article XII of the Code of Civil
7804	7804	12 Procedure; or
7805	7805	13 (H) The Consumer Fraud and Deceptive Business
7806	7806	14 Practices Act.
7807	7807	15 7.5. A statement that, within 10 years of application,
7808	7808	16 each officer, director, shareholder having a 10% or
7809	7809	17 greater ownership interest therein, proprietor, partner,
7810	7810	18 member, officer, director, trustee, manager, or other
7811	7811	19 principal in the business of the applicant has not
7812	7812	20 committed, as determined in any civil, criminal, or
7813	7813	21 administrative proceeding, in any calendar year one or
7814	7814	22 more forcible felonies under the Criminal Code of 1961 or
7815	7815	23 the Criminal Code of 2012, or a violation of either or both
7816	7816	24 Article 16 or 17 of the Criminal Code of 1961 or a
7817	7817	25 violation of either or both Article 16 or 17 of the
7818	7818	26 Criminal Code of 2012, Article 29B of the Criminal Code of
7819	7819
7820	7820
7821	7821
7822	7822
7823	7823
7824	7824	HB3575 - 218 - LRB103 29826 RLC 56234 b
7825	7825
7826	7826
7827	7827	HB3575- 219 -LRB103 29826 RLC 56234 b HB3575 - 219 - LRB103 29826 RLC 56234 b
7828	7828	HB3575 - 219 - LRB103 29826 RLC 56234 b
7829	7829	1 1961 or the Criminal Code of 2012, or a similar
7830	7830	2 out-of-state offense. For the purposes of this paragraph,
7831	7831	3 "forcible felony" has the meaning provided in Section 2-8
7832	7832	4 of the Criminal Code of 2012.
7833	7833	5 8. A bond or Certificate of Deposit in the amount of
7834	7834	6 $50,000 for each location at which the applicant intends
7835	7835	7 to act as a used vehicle dealer. The bond shall be for the
7836	7836	8 term of the license, or its renewal, for which application
7837	7837	9 is made, and shall expire not sooner than December 31 of
7838	7838	10 the year for which the license was issued or renewed. The
7839	7839	11 bond shall run to the People of the State of Illinois, with
7840	7840	12 surety by a bonding or insurance company authorized to do
7841	7841	13 business in this State. It shall be conditioned upon the
7842	7842	14 proper transmittal of all title and registration fees and
7843	7843	15 taxes (excluding taxes under the Retailers' Occupation Tax
7844	7844	16 Act) accepted by the applicant as a used vehicle dealer.
7845	7845	17 9. Such other information concerning the business of
7846	7846	18 the applicant as the Secretary of State may by rule or
7847	7847	19 regulation prescribe.
7848	7848	20 10. A statement that the applicant understands Chapter
7849	7849	21 1 through Chapter 5 of this Code.
7850	7850	22 11. A copy of the certification from the prelicensing
7851	7851	23 education program.
7852	7852	24 12. The full name, address, and contact information of
7853	7853	25 each of the dealer's agents or legal representatives who
7854	7854	26 is an Illinois resident and liable for the performance of
7855	7855
7856	7856
7857	7857
7858	7858
7859	7859
7860	7860	HB3575 - 219 - LRB103 29826 RLC 56234 b
7861	7861
7862	7862
7863	7863	HB3575- 220 -LRB103 29826 RLC 56234 b HB3575 - 220 - LRB103 29826 RLC 56234 b
7864	7864	HB3575 - 220 - LRB103 29826 RLC 56234 b
7865	7865	1 the dealership.
7866	7866	2 (c) Any change which renders no longer accurate any
7867	7867	3 information contained in any application for a used vehicle
7868	7868	4 dealer's license shall be amended within 30 days after the
7869	7869	5 occurrence of each change on such form as the Secretary of
7870	7870	6 State may prescribe by rule or regulation, accompanied by an
7871	7871	7 amendatory fee of $2.
7872	7872	8 (d) Anything in this Chapter to the contrary
7873	7873	9 notwithstanding, no person shall be licensed as a used vehicle
7874	7874	10 dealer unless such person maintains an established place of
7875	7875	11 business as defined in this Chapter.
7876	7876	12 (e) The Secretary of State shall, within a reasonable time
7877	7877	13 after receipt, examine an application submitted to him under
7878	7878	14 this Section. Unless the Secretary makes a determination that
7879	7879	15 the application submitted to him does not conform to this
7880	7880	16 Section or that grounds exist for a denial of the application
7881	7881	17 under Section 5-501 of this Chapter, he must grant the
7882	7882	18 applicant an original used vehicle dealer's license in writing
7883	7883	19 for his established place of business and a supplemental
7884	7884	20 license in writing for each additional place of business in
7885	7885	21 such form as he may prescribe by rule or regulation which shall
7886	7886	22 include the following:
7887	7887	23 1. The name of the person licensed;
7888	7888	24 2. If a corporation, the name and address of its
7889	7889	25 officers or if a sole proprietorship, a partnership, an
7890	7890	26 unincorporated association or any similar form of business
7891	7891
7892	7892
7893	7893
7894	7894
7895	7895
7896	7896	HB3575 - 220 - LRB103 29826 RLC 56234 b
7897	7897
7898	7898
7899	7899	HB3575- 221 -LRB103 29826 RLC 56234 b HB3575 - 221 - LRB103 29826 RLC 56234 b
7900	7900	HB3575 - 221 - LRB103 29826 RLC 56234 b
7901	7901	1 organization, the name and address of the proprietor or of
7902	7902	2 each partner, member, officer, director, trustee, or
7903	7903	3 manager;
7904	7904	4 3. In case of an original license, the established
7905	7905	5 place of business of the licensee;
7906	7906	6 4. In the case of a supplemental license, the
7907	7907	7 established place of business of the licensee and the
7908	7908	8 additional place of business to which such supplemental
7909	7909	9 license pertains;
7910	7910	10 5. The full name, address, and contact information of
7911	7911	11 each of the dealer's agents or legal representatives who
7912	7912	12 is an Illinois resident and liable for the performance of
7913	7913	13 the dealership.
7914	7914	14 (f) The appropriate instrument evidencing the license or a
7915	7915	15 certified copy thereof, provided by the Secretary of State
7916	7916	16 shall be kept posted, conspicuously, in the established place
7917	7917	17 of business of the licensee and in each additional place of
7918	7918	18 business, if any, maintained by such licensee.
7919	7919	19 (g) Except as provided in subsection (h) of this Section,
7920	7920	20 all used vehicle dealer's licenses granted under this Section
7921	7921	21 expire by operation of law on December 31 of the calendar year
7922	7922	22 for which they are granted unless sooner revoked or cancelled
7923	7923	23 under Section 5-501 of this Chapter.
7924	7924	24 (h) A used vehicle dealer's license may be renewed upon
7925	7925	25 application and payment of the fee required herein, and
7926	7926	26 submission of proof of coverage by an approved bond under the
7927	7927
7928	7928
7929	7929
7930	7930
7931	7931
7932	7932	HB3575 - 221 - LRB103 29826 RLC 56234 b
7933	7933
7934	7934
7935	7935	HB3575- 222 -LRB103 29826 RLC 56234 b HB3575 - 222 - LRB103 29826 RLC 56234 b
7936	7936	HB3575 - 222 - LRB103 29826 RLC 56234 b
7937	7937	1 Retailers' Occupation Tax Act or proof that applicant is not
7938	7938	2 subject to such bonding requirements, as in the case of an
7939	7939	3 original license, but in case an application for the renewal
7940	7940	4 of an effective license is made during the month of December,
7941	7941	5 the effective license shall remain in force until the
7942	7942	6 application for renewal is granted or denied by the Secretary
7943	7943	7 of State.
7944	7944	8 (i) All persons licensed as a used vehicle dealer are
7945	7945	9 required to furnish each purchaser of a motor vehicle:
7946	7946	10 1. A certificate of title properly assigned to the
7947	7947	11 purchaser;
7948	7948	12 2. A statement verified under oath that all
7949	7949	13 identifying numbers on the vehicle agree with those on the
7950	7950	14 certificate of title;
7951	7951	15 3. A bill of sale properly executed on behalf of such
7952	7952	16 person;
7953	7953	17 4. A copy of the Uniform Invoice-transaction reporting
7954	7954	18 return referred to in Section 5-402 of this Chapter;
7955	7955	19 5. In the case of a rebuilt vehicle, a copy of the
7956	7956	20 Disclosure of Rebuilt Vehicle Status; and
7957	7957	21 6. In the case of a vehicle for which the warranty has
7958	7958	22 been reinstated, a copy of the warranty.
7959	7959	23 (j) A real estate broker holding a valid certificate of
7960	7960	24 registration issued pursuant to "The Real Estate Brokers and
7961	7961	25 Salesmen License Act" may engage in the business of selling or
7962	7962	26 dealing in house trailers not his own without being licensed
7963	7963
7964	7964
7965	7965
7966	7966
7967	7967
7968	7968	HB3575 - 222 - LRB103 29826 RLC 56234 b
7969	7969
7970	7970
7971	7971	HB3575- 223 -LRB103 29826 RLC 56234 b HB3575 - 223 - LRB103 29826 RLC 56234 b
7972	7972	HB3575 - 223 - LRB103 29826 RLC 56234 b
7973	7973	1 as a used vehicle dealer under this Section; however such
7974	7974	2 broker shall maintain a record of the transaction including
7975	7975	3 the following:
7976	7976	4 (1) the name and address of the buyer and seller,
7977	7977	5 (2) the date of sale,
7978	7978	6 (3) a description of the mobile home, including the
7979	7979	7 vehicle identification number, make, model, and year, and
7980	7980	8 (4) the Illinois certificate of title number.
7981	7981	9 The foregoing records shall be available for inspection by
7982	7982	10 any officer of the Secretary of State's Office at any
7983	7983	11 reasonable hour.
7984	7984	12 (k) Except at the time of sale or repossession of the
7985	7985	13 vehicle, no person licensed as a used vehicle dealer may issue
7986	7986	14 any other person a newly created key to a vehicle unless the
7987	7987	15 used vehicle dealer makes a color photocopy or electronic scan
7988	7988	16 of the driver's license or State identification card of the
7989	7989	17 person requesting or obtaining the newly created key. The used
7990	7990	18 vehicle dealer must retain the photocopy or scan for 30 days.
7991	7991	19 A used vehicle dealer who violates this subsection (k) is
7992	7992	20 guilty of a petty offense. Violation of this subsection (k) is
7993	7993	21 not cause to suspend, revoke, cancel, or deny renewal of the
7994	7994	22 used vehicle dealer's license.
7995	7995	23 (l) Used vehicle dealers licensed under this Section shall
7996	7996	24 provide the Secretary of State a register for the sale at
7997	7997	25 auction of each salvage or junk certificate vehicle. Each
7998	7998	26 register shall include the following information:
7999	7999
8000	8000
8001	8001
8002	8002
8003	8003
8004	8004	HB3575 - 223 - LRB103 29826 RLC 56234 b
8005	8005
8006	8006
8007	8007	HB3575- 224 -LRB103 29826 RLC 56234 b HB3575 - 224 - LRB103 29826 RLC 56234 b
8008	8008	HB3575 - 224 - LRB103 29826 RLC 56234 b
8009	8009	1 1. The year, make, model, style, and color of the
8010	8010	2 vehicle;
8011	8011	3 2. The vehicle's manufacturer's identification number
8012	8012	4 or, if applicable, the Secretary of State or Illinois
8013	8013	5 State Police identification number;
8014	8014	6 3. The date of acquisition of the vehicle;
8015	8015	7 4. The name and address of the person from whom the
8016	8016	8 vehicle was acquired;
8017	8017	9 5. The name and address of the person to whom any
8018	8018	10 vehicle was disposed, the person's Illinois license number
8019	8019	11 or if the person is an out-of-state salvage vehicle buyer,
8020	8020	12 the license number from the state or jurisdiction where
8021	8021	13 the buyer is licensed; and
8022	8022	14 6. The purchase price of the vehicle.
8023	8023	15 The register shall be submitted to the Secretary of State
8024	8024	16 via written or electronic means within 10 calendar days from
8025	8025	17 the date of the auction.
8026	8026	18 (m) If a licensee under this Section voluntarily
8027	8027	19 surrenders a license to the Illinois Secretary of State Police
8028	8028	20 or a representative of the Secretary of State Vehicle Services
8029	8029	21 Department due to the licensee's inability to adhere to
8030	8030	22 recordkeeping provisions, or the inability to properly issue
8031	8031	23 certificates of title or registrations under this Code, or the
8032	8032	24 Secretary revokes a license under this Section, then the
8033	8033	25 licensee and the licensee's agent, designee, or legal
8034	8034	26 representative, if applicable, may not be named on a new
8035	8035
8036	8036
8037	8037
8038	8038
8039	8039
8040	8040	HB3575 - 224 - LRB103 29826 RLC 56234 b
8041	8041
8042	8042
8043	8043	HB3575- 225 -LRB103 29826 RLC 56234 b HB3575 - 225 - LRB103 29826 RLC 56234 b
8044	8044	HB3575 - 225 - LRB103 29826 RLC 56234 b
8045	8045	1 application for a licensee under this Section or under this
8046	8046	2 Chapter, nor is the licensee or the licensee's agent,
8047	8047	3 designee, or legal representative permitted to work for
8048	8048	4 another licensee under this Chapter in a recordkeeping,
8049	8049	5 management, or financial position or as an employee who
8050	8050	6 handles certificate of title and registration documents and
8051	8051	7 applications.
8052	8052	8 (Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22;
8053	8053	9 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-982, eff.
8054	8054	10 7-1-23.)
8055	8055	11 (625 ILCS 5/5-102.8)
8056	8056	12 (Text of Section before amendment by P.A. 102-982)
8057	8057	13 Sec. 5-102.8. Licensure of Buy Here, Pay Here used vehicle
8058	8058	14 dealers.
8059	8059	15 (a) As used in this Section, "Buy Here, Pay Here used
8060	8060	16 vehicle dealer" means any entity that engages in the business
8061	8061	17 of selling or leasing of vehicles and finances the sale or
8062	8062	18 purchase price of the vehicle to a customer without the
8063	8063	19 customer using a third-party lender.
8064	8064	20 (b) No person shall engage in the business of selling or
8065	8065	21 dealing in, on consignment or otherwise, 5 or more used
8066	8066	22 vehicles of any make during the year (except rebuilt salvage
8067	8067	23 vehicles sold by their rebuilders to persons licensed under
8068	8068	24 this Chapter), or act as an intermediary, agent, or broker for
8069	8069	25 any licensed dealer or vehicle purchaser (other than as a
8070	8070
8071	8071
8072	8072
8073	8073
8074	8074
8075	8075	HB3575 - 225 - LRB103 29826 RLC 56234 b
8076	8076
8077	8077
8078	8078	HB3575- 226 -LRB103 29826 RLC 56234 b HB3575 - 226 - LRB103 29826 RLC 56234 b
8079	8079	HB3575 - 226 - LRB103 29826 RLC 56234 b
8080	8080	1 salesperson) or represent or advertise that he or she is so
8081	8081	2 engaged or intends to so engage in such business of a Buy Here,
8082	8082	3 Pay Here used vehicle dealer unless licensed to do so by the
8083	8083	4 Secretary of State under the provisions of this Section.
8084	8084	5 (c) An application for a Buy Here, Pay Here used vehicle
8085	8085	6 dealer's license shall be filed with the Secretary of State,
8086	8086	7 duly verified by oath, in such form as the Secretary of State
8087	8087	8 may by rule or regulation prescribe and shall contain:
8088	8088	9 (1) The name and type of business organization
8089	8089	10 established and additional places of business, if any, in
8090	8090	11 this State.
8091	8091	12 (2) If the applicant is a corporation, a list of its
8092	8092	13 officers, directors, and shareholders having a 10% or
8093	8093	14 greater ownership interest in the corporation, setting
8094	8094	15 forth the residence address of each; if the applicant is a
8095	8095	16 sole proprietorship, a partnership, an unincorporated
8096	8096	17 association, a trust, or any similar form of business
8097	8097	18 organization, the names and residence address of the
8098	8098	19 proprietor or of each partner, member, officer, director,
8099	8099	20 trustee, or manager.
8100	8100	21 (3) A statement that the applicant has been approved
8101	8101	22 for registration under the Retailers' Occupation Tax Act
8102	8102	23 by the Department of Revenue. However, this requirement
8103	8103	24 does not apply to a dealer who is already licensed
8104	8104	25 hereunder with the Secretary of State, and who is merely
8105	8105	26 applying for a renewal of his or her license. As evidence
8106	8106
8107	8107
8108	8108
8109	8109
8110	8110
8111	8111	HB3575 - 226 - LRB103 29826 RLC 56234 b
8112	8112
8113	8113
8114	8114	HB3575- 227 -LRB103 29826 RLC 56234 b HB3575 - 227 - LRB103 29826 RLC 56234 b
8115	8115	HB3575 - 227 - LRB103 29826 RLC 56234 b
8116	8116	1 of this fact, the application shall be accompanied by a
8117	8117	2 certification from the Department of Revenue showing that
8118	8118	3 the Department has approved the applicant for registration
8119	8119	4 under the Retailers' Occupation Tax Act.
8120	8120	5 (4) A statement that the applicant has complied with
8121	8121	6 the appropriate liability insurance requirement. A
8122	8122	7 Certificate of Insurance in a solvent company authorized
8123	8123	8 to do business in the State of Illinois shall be included
8124	8124	9 with each application covering each location at which he
8125	8125	10 or she proposes to act as a Buy Here, Pay Here used vehicle
8126	8126	11 dealer. The policy must provide liability coverage in the
8127	8127	12 minimum amounts of $100,000 for bodily injury to, or death
8128	8128	13 of, any person, $300,000 for bodily injury to, or death
8129	8129	14 of, 2 or more persons in any one accident, and $50,000 for
8130	8130	15 damage to property. Such policy shall expire not sooner
8131	8131	16 than December 31 of the year for which the license was
8132	8132	17 issued or renewed. The expiration of the insurance policy
8133	8133	18 shall not terminate the liability under the policy arising
8134	8134	19 during the period for which the policy was filed.
8135	8135	20 If the permitted user has a liability insurance policy
8136	8136	21 that provides automobile liability insurance coverage of
8137	8137	22 at least $100,000 for bodily injury to or the death of any
8138	8138	23 person, $300,000 for bodily injury to or the death of any 2
8139	8139	24 or more persons in any one accident, and $50,000 for
8140	8140	25 damage to property, then the permitted user's insurer
8141	8141	26 shall be the primary insurer and the dealer's insurer
8142	8142
8143	8143
8144	8144
8145	8145
8146	8146
8147	8147	HB3575 - 227 - LRB103 29826 RLC 56234 b
8148	8148
8149	8149
8150	8150	HB3575- 228 -LRB103 29826 RLC 56234 b HB3575 - 228 - LRB103 29826 RLC 56234 b
8151	8151	HB3575 - 228 - LRB103 29826 RLC 56234 b
8152	8152	1 shall be the secondary insurer. If the permitted user does
8153	8153	2 not have a liability insurance policy that provides
8154	8154	3 automobile liability insurance coverage of at least
8155	8155	4 $100,000 for bodily injury to or the death of any person,
8156	8156	5 $300,000 for bodily injury to or the death of any 2 or more
8157	8157	6 persons in any one accident, and $50,000 for damage to
8158	8158	7 property, or does not have any insurance at all, then the
8159	8159	8 dealer's insurer shall be the primary insurer and the
8160	8160	9 permitted user's insurer shall be the secondary insurer.
8161	8161	10 When a permitted user is "test driving" a Buy Here,
8162	8162	11 Pay Here used vehicle dealer's automobile, the Buy Here,
8163	8163	12 Pay Here used vehicle dealer's insurance shall be primary
8164	8164	13 and the permitted user's insurance shall be secondary.
8165	8165	14 As used in this paragraph, "permitted user" means a
8166	8166	15 person who, with the permission of the Buy Here, Pay Here
8167	8167	16 used vehicle dealer or an employee of the Buy Here, Pay
8168	8168	17 Here used vehicle dealer, drives a vehicle owned and held
8169	8169	18 for sale or lease by the Buy Here, Pay Here used vehicle
8170	8170	19 dealer that the person is considering to purchase or
8171	8171	20 lease, in order to evaluate the performance, reliability,
8172	8172	21 or condition of the vehicle. "Permitted user" includes a
8173	8173	22 person who, with the permission of the Buy Here, Pay Here
8174	8174	23 used vehicle dealer, drives a vehicle owned or held for
8175	8175	24 sale or lease by the Buy Here, Pay Here used vehicle dealer
8176	8176	25 for loaner purposes while the user's vehicle is being
8177	8177	26 repaired or evaluated.
8178	8178
8179	8179
8180	8180
8181	8181
8182	8182
8183	8183	HB3575 - 228 - LRB103 29826 RLC 56234 b
8184	8184
8185	8185
8186	8186	HB3575- 229 -LRB103 29826 RLC 56234 b HB3575 - 229 - LRB103 29826 RLC 56234 b
8187	8187	HB3575 - 229 - LRB103 29826 RLC 56234 b
8188	8188	1 As used in this paragraph, "test driving" occurs when
8189	8189	2 a permitted user who, with the permission of the Buy Here,
8190	8190	3 Pay Here used vehicle dealer or an employee of the Buy
8191	8191	4 Here, Pay Here used vehicle dealer, drives a vehicle owned
8192	8192	5 and held for sale or lease by a Buy Here, Pay Here used
8193	8193	6 vehicle dealer that the person is considering to purchase
8194	8194	7 or lease, in order to evaluate the performance,
8195	8195	8 reliability, or condition of the vehicle.
8196	8196	9 As used in this paragraph, "loaner purposes" means
8197	8197	10 when a person who, with the permission of the Buy Here, Pay
8198	8198	11 Here used vehicle dealer, drives a vehicle owned or held
8199	8199	12 for sale or lease by the used vehicle dealer while the
8200	8200	13 user's vehicle is being repaired or evaluated.
8201	8201	14 (5) An application for a Buy Here, Pay Here used
8202	8202	15 vehicle dealer's license shall be accompanied by the
8203	8203	16 following license fees:
8204	8204	17 (A) $1,000 for the applicant's established place
8205	8205	18 of business, and $50 for each additional place of
8206	8206	19 business, if any, to which the application pertains;
8207	8207	20 however, if the application is made after June 15 of
8208	8208	21 any year, the license fee shall be $500 for the
8209	8209	22 applicant's established place of business plus $25 for
8210	8210	23 each additional place of business, if any, to which
8211	8211	24 the application pertains. License fees shall be
8212	8212	25 returnable only if the application is denied by the
8213	8213	26 Secretary of State. Of the money received by the
8214	8214
8215	8215
8216	8216
8217	8217
8218	8218
8219	8219	HB3575 - 229 - LRB103 29826 RLC 56234 b
8220	8220
8221	8221
8222	8222	HB3575- 230 -LRB103 29826 RLC 56234 b HB3575 - 230 - LRB103 29826 RLC 56234 b
8223	8223	HB3575 - 230 - LRB103 29826 RLC 56234 b
8224	8224	1 Secretary of State as license fees under this
8225	8225	2 subparagraph, 95% shall be deposited into the General
8226	8226	3 Revenue Fund.
8227	8227	4 (B) Except for dealers selling 25 or fewer
8228	8228	5 automobiles or as provided in subsection (h) of
8229	8229	6 Section 5-102.7 of this Code, an Annual Dealer
8230	8230	7 Recovery Fund Fee in the amount of $500 for the
8231	8231	8 applicant's established place of business, and $50 for
8232	8232	9 each additional place of business, if any, to which
8233	8233	10 the application pertains; but if the application is
8234	8234	11 made after June 15 of any year, the fee shall be $250
8235	8235	12 for the applicant's established place of business plus
8236	8236	13 $25 for each additional place of business, if any, to
8237	8237	14 which the application pertains. For a license renewal
8238	8238	15 application, the fee shall be based on the amount of
8239	8239	16 automobiles sold in the past year according to the
8240	8240	17 following formula:
8241	8241	18 (1) $0 for dealers selling 25 or less
8242	8242	19 automobiles;
8243	8243	20 (2) $150 for dealers selling more than 25 but
8244	8244	21 less than 200 automobiles;
8245	8245	22 (3) $300 for dealers selling 200 or more
8246	8246	23 automobiles but less than 300 automobiles; and
8247	8247	24 (4) $500 for dealers selling 300 or more
8248	8248	25 automobiles.
8249	8249	26 Fees shall be returnable only if the application
8250	8250
8251	8251
8252	8252
8253	8253
8254	8254
8255	8255	HB3575 - 230 - LRB103 29826 RLC 56234 b
8256	8256
8257	8257
8258	8258	HB3575- 231 -LRB103 29826 RLC 56234 b HB3575 - 231 - LRB103 29826 RLC 56234 b
8259	8259	HB3575 - 231 - LRB103 29826 RLC 56234 b
8260	8260	1 is denied by the Secretary of State. Money received
8261	8261	2 under this subparagraph shall be deposited into the
8262	8262	3 Dealer Recovery Trust Fund. A Buy Here, Pay Here used
8263	8263	4 vehicle dealer shall pay into the Dealer Recovery
8264	8264	5 Trust Fund for every vehicle that is financed, sold,
8265	8265	6 or otherwise transferred to an individual or entity
8266	8266	7 other than the Buy Here, Pay Here used vehicle dealer
8267	8267	8 even if the individual or entity to which the Buy Here,
8268	8268	9 Pay Here used vehicle dealer transfers the vehicle is
8269	8269	10 unable to continue to adhere to the terms of the
8270	8270	11 transaction by the Buy Here, Pay Here used vehicle
8271	8271	12 dealer.
8272	8272	13 (6) A statement that each officer, director,
8273	8273	14 shareholder having a 10% or greater ownership interest
8274	8274	15 therein, proprietor, partner, member, officer, director,
8275	8275	16 trustee, manager, or other principal in the business of
8276	8276	17 the applicant has not committed in the past 3 years any one
8277	8277	18 violation as determined in any civil, criminal, or
8278	8278	19 administrative proceedings of any one of the following:
8279	8279	20 (A) the Anti-Theft Laws of this Code;
8280	8280	21 (B) the Certificate of Title Laws of this Code;
8281	8281	22 (C) the Offenses against Registration and
8282	8282	23 Certificates of Title Laws of this Code;
8283	8283	24 (D) the Dealers, Transporters, Wreckers and
8284	8284	25 Rebuilders Laws of this Code;
8285	8285	26 (E) Section 21-2 of the Illinois Criminal Code of
8286	8286
8287	8287
8288	8288
8289	8289
8290	8290
8291	8291	HB3575 - 231 - LRB103 29826 RLC 56234 b
8292	8292
8293	8293
8294	8294	HB3575- 232 -LRB103 29826 RLC 56234 b HB3575 - 232 - LRB103 29826 RLC 56234 b
8295	8295	HB3575 - 232 - LRB103 29826 RLC 56234 b
8296	8296	1 1961 or the Criminal Code of 2012, Criminal Trespass
8297	8297	2 to Vehicles; or
8298	8298	3 (F) the Retailers' Occupation Tax Act.
8299	8299	4 (7) A statement that each officer, director,
8300	8300	5 shareholder having a 10% or greater ownership interest
8301	8301	6 therein, proprietor, partner, member, officer, director,
8302	8302	7 trustee, manager, or other principal in the business of
8303	8303	8 the applicant has not committed in any calendar year 3 or
8304	8304	9 more violations, as determined in any civil, criminal, or
8305	8305	10 administrative proceedings, of any one or more of the
8306	8306	11 following:
8307	8307	12 (A) the Consumer Finance Act;
8308	8308	13 (B) the Consumer Installment Loan Act;
8309	8309	14 (C) the Retail Installment Sales Act;
8310	8310	15 (D) the Motor Vehicle Retail Installment Sales
8311	8311	16 Act;
8312	8312	17 (E) the Interest Act;
8313	8313	18 (F) the Illinois Wage Assignment Act;
8314	8314	19 (G) Part 8 of Article XII of the Code of Civil
8315	8315	20 Procedure; or
8316	8316	21 (H) the Consumer Fraud and Deceptive Business
8317	8317	22 Practices Act.
8318	8318	23 (8) A statement that, within 10 years of application,
8319	8319	24 each officer, director, shareholder having a 10% or
8320	8320	25 greater ownership interest therein, proprietor, partner,
8321	8321	26 member, officer, director, trustee, manager, or other
8322	8322
8323	8323
8324	8324
8325	8325
8326	8326
8327	8327	HB3575 - 232 - LRB103 29826 RLC 56234 b
8328	8328
8329	8329
8330	8330	HB3575- 233 -LRB103 29826 RLC 56234 b HB3575 - 233 - LRB103 29826 RLC 56234 b
8331	8331	HB3575 - 233 - LRB103 29826 RLC 56234 b
8332	8332	1 principal in the business of the applicant has not
8333	8333	2 committed, as determined in any civil, criminal, or
8334	8334	3 administrative proceeding, in any calendar year one or
8335	8335	4 more forcible felonies under the Criminal Code of 1961 or
8336	8336	5 the Criminal Code of 2012, or a violation of either or both
8337	8337	6 Article 16 or 17 of the Criminal Code of 1961, or a
8338	8338	7 violation of either or both Article 16 or 17 of the
8339	8339	8 Criminal Code of 2012, Article 29B of the Criminal Code of
8340	8340	9 1961 or the Criminal Code of 2012, or a similar
8341	8341	10 out-of-state offense. For the purposes of this paragraph,
8342	8342	11 "forcible felony" has the meaning provided in Section 2-8
8343	8343	12 of the Criminal Code of 2012.
8344	8344	13 (9) A bond or Certificate of Deposit in the amount of
8345	8345	14 $50,000 for each location at which the applicant intends
8346	8346	15 to act as a Buy Here, Pay Here used vehicle dealer. The
8347	8347	16 bond shall be for the term of the license. The bond shall
8348	8348	17 run to the People of the State of Illinois, with surety by
8349	8349	18 a bonding or insurance company authorized to do business
8350	8350	19 in this State. It shall be conditioned upon the proper
8351	8351	20 transmittal of all title and registration fees and taxes
8352	8352	21 (excluding taxes under the Retailers' Occupation Tax Act)
8353	8353	22 accepted by the applicant as a Buy Here, Pay Here used
8354	8354	23 vehicle dealer.
8355	8355	24 (10) Such other information concerning the business of
8356	8356	25 the applicant as the Secretary of State may by rule
8357	8357	26 prescribe.
8358	8358
8359	8359
8360	8360
8361	8361
8362	8362
8363	8363	HB3575 - 233 - LRB103 29826 RLC 56234 b
8364	8364
8365	8365
8366	8366	HB3575- 234 -LRB103 29826 RLC 56234 b HB3575 - 234 - LRB103 29826 RLC 56234 b
8367	8367	HB3575 - 234 - LRB103 29826 RLC 56234 b
8368	8368	1 (11) A statement that the applicant understands
8369	8369	2 Chapter 1 through Chapter 5 of this Code.
8370	8370	3 (12) A copy of the certification from the prelicensing
8371	8371	4 education program.
8372	8372	5 (13) The full name, address, and contact information
8373	8373	6 of each of the dealer's agents or legal representatives
8374	8374	7 who is an Illinois resident and liable for the performance
8375	8375	8 of the dealership.
8376	8376	9 (d) Any change that renders no longer accurate any
8377	8377	10 information contained in any application for a Buy Here, Pay
8378	8378	11 Here used vehicle dealer's license shall be amended within 30
8379	8379	12 days after the occurrence of each change on such form as the
8380	8380	13 Secretary of State may prescribe by rule, accompanied by an
8381	8381	14 amendatory fee of $2.
8382	8382	15 (e) Anything in this Chapter to the contrary
8383	8383	16 notwithstanding, no person shall be licensed as a Buy Here,
8384	8384	17 Pay Here used vehicle dealer unless the person maintains an
8385	8385	18 established place of business as defined in this Chapter.
8386	8386	19 (f) The Secretary of State shall, within a reasonable time
8387	8387	20 after receipt, examine an application submitted under this
8388	8388	21 Section. Unless the Secretary makes a determination that the
8389	8389	22 application does not conform to this Section or that grounds
8390	8390	23 exist for a denial of the application under Section 5-501 of
8391	8391	24 this Chapter, the Secretary must grant the applicant an
8392	8392	25 original Buy Here, Pay Here used vehicle dealer's license in
8393	8393	26 writing for his or her established place of business and a
8394	8394
8395	8395
8396	8396
8397	8397
8398	8398
8399	8399	HB3575 - 234 - LRB103 29826 RLC 56234 b
8400	8400
8401	8401
8402	8402	HB3575- 235 -LRB103 29826 RLC 56234 b HB3575 - 235 - LRB103 29826 RLC 56234 b
8403	8403	HB3575 - 235 - LRB103 29826 RLC 56234 b
8404	8404	1 supplemental license in writing for each additional place of
8405	8405	2 business in such form as the Secretary may prescribe by rule
8406	8406	3 that shall include the following:
8407	8407	4 (1) The name of the person licensed.
8408	8408	5 (2) If a corporation, the name and address of its
8409	8409	6 officers or if a sole proprietorship, a partnership, an
8410	8410	7 unincorporated association, or any similar form of
8411	8411	8 business organization, the name and address of the
8412	8412	9 proprietor or of each partner, member, officer, director,
8413	8413	10 trustee, or manager.
8414	8414	11 (3) In the case of an original license, the
8415	8415	12 established place of business of the licensee.
8416	8416	13 (4) In the case of a supplemental license, the
8417	8417	14 established place of business of the licensee and the
8418	8418	15 additional place of business to which the supplemental
8419	8419	16 license pertains.
8420	8420	17 (5) The full name, address, and contact information of
8421	8421	18 each of the dealer's agents or legal representatives who
8422	8422	19 is an Illinois resident and liable for the performance of
8423	8423	20 the dealership.
8424	8424	21 (g) The appropriate instrument evidencing the license or a
8425	8425	22 certified copy thereof, provided by the Secretary of State
8426	8426	23 shall be kept posted, conspicuously, in the established place
8427	8427	24 of business of the licensee and in each additional place of
8428	8428	25 business, if any, maintained by the licensee.
8429	8429	26 (h) Except as provided in subsection (i), all Buy Here,
8430	8430
8431	8431
8432	8432
8433	8433
8434	8434
8435	8435	HB3575 - 235 - LRB103 29826 RLC 56234 b
8436	8436
8437	8437
8438	8438	HB3575- 236 -LRB103 29826 RLC 56234 b HB3575 - 236 - LRB103 29826 RLC 56234 b
8439	8439	HB3575 - 236 - LRB103 29826 RLC 56234 b
8440	8440	1 Pay Here used vehicle dealer's licenses granted under this
8441	8441	2 Section expire by operation of law on December 31 of the
8442	8442	3 calendar year for which they are granted unless sooner revoked
8443	8443	4 or cancelled under Section 5-501 of this Chapter.
8444	8444	5 (i) A Buy Here, Pay Here used vehicle dealer's license may
8445	8445	6 be renewed upon application and payment of the fee required
8446	8446	7 herein, and submission of proof of coverage by an approved
8447	8447	8 bond under the Retailers' Occupation Tax Act or proof that the
8448	8448	9 applicant is not subject to such bonding requirements, as in
8449	8449	10 the case of an original license, but in the case of an
8450	8450	11 application for the renewal of an effective license made
8451	8451	12 during the month of December, the effective license shall
8452	8452	13 remain in force until the application for renewal is granted
8453	8453	14 or denied by the Secretary of State.
8454	8454	15 (j) Each person licensed as a Buy Here, Pay Here used
8455	8455	16 vehicle dealer is required to furnish each purchaser of a
8456	8456	17 motor vehicle:
8457	8457	18 (1) a certificate of title properly assigned to the
8458	8458	19 purchaser;
8459	8459	20 (2) a statement verified under oath that all
8460	8460	21 identifying numbers on the vehicle agree with those on the
8461	8461	22 certificate of title;
8462	8462	23 (3) a bill of sale properly executed on behalf of the
8463	8463	24 person;
8464	8464	25 (4) a copy of the Uniform Invoice-transaction
8465	8465	26 reporting return referred to in Section 5-402;
8466	8466
8467	8467
8468	8468
8469	8469
8470	8470
8471	8471	HB3575 - 236 - LRB103 29826 RLC 56234 b
8472	8472
8473	8473
8474	8474	HB3575- 237 -LRB103 29826 RLC 56234 b HB3575 - 237 - LRB103 29826 RLC 56234 b
8475	8475	HB3575 - 237 - LRB103 29826 RLC 56234 b
8476	8476	1 (5) in the case of a rebuilt vehicle, a copy of the
8477	8477	2 Disclosure of Rebuilt Vehicle Status; and
8478	8478	3 (6) in the case of a vehicle for which the warranty has
8479	8479	4 been reinstated, a copy of the warranty.
8480	8480	5 (k) Except at the time of sale or repossession of the
8481	8481	6 vehicle, no person licensed as a Buy Here, Pay Here used
8482	8482	7 vehicle dealer may issue any other person a newly created key
8483	8483	8 to a vehicle unless the Buy Here, Pay Here used vehicle dealer
8484	8484	9 makes a color photocopy or electronic scan of the driver's
8485	8485	10 license or State identification card of the person requesting
8486	8486	11 or obtaining the newly created key. The Buy Here, Pay Here used
8487	8487	12 vehicle dealer must retain the photocopy or scan for 30 days.
8488	8488	13 A Buy Here, Pay Here used vehicle dealer who violates this
8489	8489	14 subsection (k) is guilty of a petty offense. Violation of this
8490	8490	15 subsection (k) is not cause to suspend, revoke, cancel, or
8491	8491	16 deny renewal of the used vehicle dealer's license.
8492	8492	17 (l) A Buy Here, Pay Here used vehicle dealer licensed
8493	8493	18 under this Section shall provide the Secretary of State a
8494	8494	19 register for the sale at auction of each salvage or junk
8495	8495	20 certificate vehicle. Each register shall include the following
8496	8496	21 information:
8497	8497	22 (1) the year, make, model, style, and color of the
8498	8498	23 vehicle;
8499	8499	24 (2) the vehicle's manufacturer's identification number
8500	8500	25 or, if applicable, the Secretary of State or Illinois
8501	8501	26 Department of State Police identification number;
8502	8502
8503	8503
8504	8504
8505	8505
8506	8506
8507	8507	HB3575 - 237 - LRB103 29826 RLC 56234 b
8508	8508
8509	8509
8510	8510	HB3575- 238 -LRB103 29826 RLC 56234 b HB3575 - 238 - LRB103 29826 RLC 56234 b
8511	8511	HB3575 - 238 - LRB103 29826 RLC 56234 b
8512	8512	1 (3) the date of acquisition of the vehicle;
8513	8513	2 (4) the name and address of the person from whom the
8514	8514	3 vehicle was acquired;
8515	8515	4 (5) the name and address of the person to whom any
8516	8516	5 vehicle was disposed, the person's Illinois license number
8517	8517	6 or, if the person is an out-of-state salvage vehicle
8518	8518	7 buyer, the license number from the state or jurisdiction
8519	8519	8 where the buyer is licensed; and
8520	8520	9 (6) the purchase price of the vehicle.
8521	8521	10 The register shall be submitted to the Secretary of State
8522	8522	11 via written or electronic means within 10 calendar days from
8523	8523	12 the date of the auction.
8524	8524	13 (m) If a licensee under this Section voluntarily
8525	8525	14 surrenders a license to the Illinois Secretary of State Police
8526	8526	15 or a representative of the Secretary of State Vehicle Services
8527	8527	16 Department due to the licensee's inability to adhere to
8528	8528	17 recordkeeping provisions, or the inability to properly issue
8529	8529	18 certificates of title or registrations under this Code, or the
8530	8530	19 Secretary revokes a license under this Section, then the
8531	8531	20 licensee and the licensee's agent, designee, or legal
8532	8532	21 representative, if applicable, may not be named on a new
8533	8533	22 application for a licensee under this Section or under this
8534	8534	23 Chapter, nor is the licensee or the licensee's agent,
8535	8535	24 designee, or legal representative permitted to work for
8536	8536	25 another licensee under this Chapter in a recordkeeping,
8537	8537	26 management, or financial position or as an employee who
8538	8538
8539	8539
8540	8540
8541	8541
8542	8542
8543	8543	HB3575 - 238 - LRB103 29826 RLC 56234 b
8544	8544
8545	8545
8546	8546	HB3575- 239 -LRB103 29826 RLC 56234 b HB3575 - 239 - LRB103 29826 RLC 56234 b
8547	8547	HB3575 - 239 - LRB103 29826 RLC 56234 b
8548	8548	1 handles certificate of title and registration documents and
8549	8549	2 applications.
8550	8550	3 (Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22.)
8551	8551	4 (Text of Section after amendment by P.A. 102-982)
8552	8552	5 Sec. 5-102.8. Licensure of Buy Here, Pay Here used vehicle
8553	8553	6 dealers.
8554	8554	7 (a) As used in this Section, "Buy Here, Pay Here used
8555	8555	8 vehicle dealer" means any entity that engages in the business
8556	8556	9 of selling or leasing of vehicles and finances the sale or
8557	8557	10 purchase price of the vehicle to a customer without the
8558	8558	11 customer using a third-party lender.
8559	8559	12 (b) No person shall engage in the business of selling or
8560	8560	13 dealing in, on consignment or otherwise, 5 or more used
8561	8561	14 vehicles of any make during the year (except rebuilt salvage
8562	8562	15 vehicles sold by their rebuilders to persons licensed under
8563	8563	16 this Chapter), or act as an intermediary, agent, or broker for
8564	8564	17 any licensed dealer or vehicle purchaser (other than as a
8565	8565	18 salesperson) or represent or advertise that he or she is so
8566	8566	19 engaged or intends to so engage in such business of a Buy Here,
8567	8567	20 Pay Here used vehicle dealer unless licensed to do so by the
8568	8568	21 Secretary of State under the provisions of this Section.
8569	8569	22 (c) An application for a Buy Here, Pay Here used vehicle
8570	8570	23 dealer's license shall be filed with the Secretary of State,
8571	8571	24 duly verified by oath, in such form as the Secretary of State
8572	8572	25 may by rule or regulation prescribe and shall contain:
8573	8573
8574	8574
8575	8575
8576	8576
8577	8577
8578	8578	HB3575 - 239 - LRB103 29826 RLC 56234 b
8579	8579
8580	8580
8581	8581	HB3575- 240 -LRB103 29826 RLC 56234 b HB3575 - 240 - LRB103 29826 RLC 56234 b
8582	8582	HB3575 - 240 - LRB103 29826 RLC 56234 b
8583	8583	1 (1) The name and type of business organization
8584	8584	2 established and additional places of business, if any, in
8585	8585	3 this State.
8586	8586	4 (2) If the applicant is a corporation, a list of its
8587	8587	5 officers, directors, and shareholders having a 10% or
8588	8588	6 greater ownership interest in the corporation, setting
8589	8589	7 forth the residence address of each; if the applicant is a
8590	8590	8 sole proprietorship, a partnership, an unincorporated
8591	8591	9 association, a trust, or any similar form of business
8592	8592	10 organization, the names and residence address of the
8593	8593	11 proprietor or of each partner, member, officer, director,
8594	8594	12 trustee, or manager.
8595	8595	13 (3) A statement that the applicant has been approved
8596	8596	14 for registration under the Retailers' Occupation Tax Act
8597	8597	15 by the Department of Revenue. However, this requirement
8598	8598	16 does not apply to a dealer who is already licensed
8599	8599	17 hereunder with the Secretary of State, and who is merely
8600	8600	18 applying for a renewal of his or her license. As evidence
8601	8601	19 of this fact, the application shall be accompanied by a
8602	8602	20 certification from the Department of Revenue showing that
8603	8603	21 the Department has approved the applicant for registration
8604	8604	22 under the Retailers' Occupation Tax Act.
8605	8605	23 (4) A statement that the applicant has complied with
8606	8606	24 the appropriate liability insurance requirement. A
8607	8607	25 Certificate of Insurance in a solvent company authorized
8608	8608	26 to do business in the State of Illinois shall be included
8609	8609
8610	8610
8611	8611
8612	8612
8613	8613
8614	8614	HB3575 - 240 - LRB103 29826 RLC 56234 b
8615	8615
8616	8616
8617	8617	HB3575- 241 -LRB103 29826 RLC 56234 b HB3575 - 241 - LRB103 29826 RLC 56234 b
8618	8618	HB3575 - 241 - LRB103 29826 RLC 56234 b
8619	8619	1 with each application covering each location at which he
8620	8620	2 or she proposes to act as a Buy Here, Pay Here used vehicle
8621	8621	3 dealer. The policy must provide liability coverage in the
8622	8622	4 minimum amounts of $100,000 for bodily injury to, or death
8623	8623	5 of, any person, $300,000 for bodily injury to, or death
8624	8624	6 of, 2 or more persons in any one crash, and $50,000 for
8625	8625	7 damage to property. Such policy shall expire not sooner
8626	8626	8 than December 31 of the year for which the license was
8627	8627	9 issued or renewed. The expiration of the insurance policy
8628	8628	10 shall not terminate the liability under the policy arising
8629	8629	11 during the period for which the policy was filed.
8630	8630	12 If the permitted user has a liability insurance policy
8631	8631	13 that provides automobile liability insurance coverage of
8632	8632	14 at least $100,000 for bodily injury to or the death of any
8633	8633	15 person, $300,000 for bodily injury to or the death of any 2
8634	8634	16 or more persons in any one crash, and $50,000 for damage to
8635	8635	17 property, then the permitted user's insurer shall be the
8636	8636	18 primary insurer and the dealer's insurer shall be the
8637	8637	19 secondary insurer. If the permitted user does not have a
8638	8638	20 liability insurance policy that provides automobile
8639	8639	21 liability insurance coverage of at least $100,000 for
8640	8640	22 bodily injury to or the death of any person, $300,000 for
8641	8641	23 bodily injury to or the death of any 2 or more persons in
8642	8642	24 any one crash, and $50,000 for damage to property, or does
8643	8643	25 not have any insurance at all, then the dealer's insurer
8644	8644	26 shall be the primary insurer and the permitted user's
8645	8645
8646	8646
8647	8647
8648	8648
8649	8649
8650	8650	HB3575 - 241 - LRB103 29826 RLC 56234 b
8651	8651
8652	8652
8653	8653	HB3575- 242 -LRB103 29826 RLC 56234 b HB3575 - 242 - LRB103 29826 RLC 56234 b
8654	8654	HB3575 - 242 - LRB103 29826 RLC 56234 b
8655	8655	1 insurer shall be the secondary insurer.
8656	8656	2 When a permitted user is "test driving" a Buy Here,
8657	8657	3 Pay Here used vehicle dealer's automobile, the Buy Here,
8658	8658	4 Pay Here used vehicle dealer's insurance shall be primary
8659	8659	5 and the permitted user's insurance shall be secondary.
8660	8660	6 As used in this paragraph, "permitted user" means a
8661	8661	7 person who, with the permission of the Buy Here, Pay Here
8662	8662	8 used vehicle dealer or an employee of the Buy Here, Pay
8663	8663	9 Here used vehicle dealer, drives a vehicle owned and held
8664	8664	10 for sale or lease by the Buy Here, Pay Here used vehicle
8665	8665	11 dealer that the person is considering to purchase or
8666	8666	12 lease, in order to evaluate the performance, reliability,
8667	8667	13 or condition of the vehicle. "Permitted user" includes a
8668	8668	14 person who, with the permission of the Buy Here, Pay Here
8669	8669	15 used vehicle dealer, drives a vehicle owned or held for
8670	8670	16 sale or lease by the Buy Here, Pay Here used vehicle dealer
8671	8671	17 for loaner purposes while the user's vehicle is being
8672	8672	18 repaired or evaluated.
8673	8673	19 As used in this paragraph, "test driving" occurs when
8674	8674	20 a permitted user who, with the permission of the Buy Here,
8675	8675	21 Pay Here used vehicle dealer or an employee of the Buy
8676	8676	22 Here, Pay Here used vehicle dealer, drives a vehicle owned
8677	8677	23 and held for sale or lease by a Buy Here, Pay Here used
8678	8678	24 vehicle dealer that the person is considering to purchase
8679	8679	25 or lease, in order to evaluate the performance,
8680	8680	26 reliability, or condition of the vehicle.
8681	8681
8682	8682
8683	8683
8684	8684
8685	8685
8686	8686	HB3575 - 242 - LRB103 29826 RLC 56234 b
8687	8687
8688	8688
8689	8689	HB3575- 243 -LRB103 29826 RLC 56234 b HB3575 - 243 - LRB103 29826 RLC 56234 b
8690	8690	HB3575 - 243 - LRB103 29826 RLC 56234 b
8691	8691	1 As used in this paragraph, "loaner purposes" means
8692	8692	2 when a person who, with the permission of the Buy Here, Pay
8693	8693	3 Here used vehicle dealer, drives a vehicle owned or held
8694	8694	4 for sale or lease by the used vehicle dealer while the
8695	8695	5 user's vehicle is being repaired or evaluated.
8696	8696	6 (5) An application for a Buy Here, Pay Here used
8697	8697	7 vehicle dealer's license shall be accompanied by the
8698	8698	8 following license fees:
8699	8699	9 (A) $1,000 for the applicant's established place
8700	8700	10 of business, and $50 for each additional place of
8701	8701	11 business, if any, to which the application pertains;
8702	8702	12 however, if the application is made after June 15 of
8703	8703	13 any year, the license fee shall be $500 for the
8704	8704	14 applicant's established place of business plus $25 for
8705	8705	15 each additional place of business, if any, to which
8706	8706	16 the application pertains. License fees shall be
8707	8707	17 returnable only if the application is denied by the
8708	8708	18 Secretary of State. Of the money received by the
8709	8709	19 Secretary of State as license fees under this
8710	8710	20 subparagraph, 95% shall be deposited into the General
8711	8711	21 Revenue Fund.
8712	8712	22 (B) Except for dealers selling 25 or fewer
8713	8713	23 automobiles or as provided in subsection (h) of
8714	8714	24 Section 5-102.7 of this Code, an Annual Dealer
8715	8715	25 Recovery Fund Fee in the amount of $500 for the
8716	8716	26 applicant's established place of business, and $50 for
8717	8717
8718	8718
8719	8719
8720	8720
8721	8721
8722	8722	HB3575 - 243 - LRB103 29826 RLC 56234 b
8723	8723
8724	8724
8725	8725	HB3575- 244 -LRB103 29826 RLC 56234 b HB3575 - 244 - LRB103 29826 RLC 56234 b
8726	8726	HB3575 - 244 - LRB103 29826 RLC 56234 b
8727	8727	1 each additional place of business, if any, to which
8728	8728	2 the application pertains; but if the application is
8729	8729	3 made after June 15 of any year, the fee shall be $250
8730	8730	4 for the applicant's established place of business plus
8731	8731	5 $25 for each additional place of business, if any, to
8732	8732	6 which the application pertains. For a license renewal
8733	8733	7 application, the fee shall be based on the amount of
8734	8734	8 automobiles sold in the past year according to the
8735	8735	9 following formula:
8736	8736	10 (1) $0 for dealers selling 25 or less
8737	8737	11 automobiles;
8738	8738	12 (2) $150 for dealers selling more than 25 but
8739	8739	13 less than 200 automobiles;
8740	8740	14 (3) $300 for dealers selling 200 or more
8741	8741	15 automobiles but less than 300 automobiles; and
8742	8742	16 (4) $500 for dealers selling 300 or more
8743	8743	17 automobiles.
8744	8744	18 Fees shall be returnable only if the application
8745	8745	19 is denied by the Secretary of State. Money received
8746	8746	20 under this subparagraph shall be deposited into the
8747	8747	21 Dealer Recovery Trust Fund. A Buy Here, Pay Here used
8748	8748	22 vehicle dealer shall pay into the Dealer Recovery
8749	8749	23 Trust Fund for every vehicle that is financed, sold,
8750	8750	24 or otherwise transferred to an individual or entity
8751	8751	25 other than the Buy Here, Pay Here used vehicle dealer
8752	8752	26 even if the individual or entity to which the Buy Here,
8753	8753
8754	8754
8755	8755
8756	8756
8757	8757
8758	8758	HB3575 - 244 - LRB103 29826 RLC 56234 b
8759	8759
8760	8760
8761	8761	HB3575- 245 -LRB103 29826 RLC 56234 b HB3575 - 245 - LRB103 29826 RLC 56234 b
8762	8762	HB3575 - 245 - LRB103 29826 RLC 56234 b
8763	8763	1 Pay Here used vehicle dealer transfers the vehicle is
8764	8764	2 unable to continue to adhere to the terms of the
8765	8765	3 transaction by the Buy Here, Pay Here used vehicle
8766	8766	4 dealer.
8767	8767	5 (6) A statement that each officer, director,
8768	8768	6 shareholder having a 10% or greater ownership interest
8769	8769	7 therein, proprietor, partner, member, officer, director,
8770	8770	8 trustee, manager, or other principal in the business of
8771	8771	9 the applicant has not committed in the past 3 years any one
8772	8772	10 violation as determined in any civil, criminal, or
8773	8773	11 administrative proceedings of any one of the following:
8774	8774	12 (A) the Anti-Theft Laws of this Code;
8775	8775	13 (B) the Certificate of Title Laws of this Code;
8776	8776	14 (C) the Offenses against Registration and
8777	8777	15 Certificates of Title Laws of this Code;
8778	8778	16 (D) the Dealers, Transporters, Wreckers and
8779	8779	17 Rebuilders Laws of this Code;
8780	8780	18 (E) Section 21-2 of the Illinois Criminal Code of
8781	8781	19 1961 or the Criminal Code of 2012, Criminal Trespass
8782	8782	20 to Vehicles; or
8783	8783	21 (F) the Retailers' Occupation Tax Act.
8784	8784	22 (7) A statement that each officer, director,
8785	8785	23 shareholder having a 10% or greater ownership interest
8786	8786	24 therein, proprietor, partner, member, officer, director,
8787	8787	25 trustee, manager, or other principal in the business of
8788	8788	26 the applicant has not committed in any calendar year 3 or
8789	8789
8790	8790
8791	8791
8792	8792
8793	8793
8794	8794	HB3575 - 245 - LRB103 29826 RLC 56234 b
8795	8795
8796	8796
8797	8797	HB3575- 246 -LRB103 29826 RLC 56234 b HB3575 - 246 - LRB103 29826 RLC 56234 b
8798	8798	HB3575 - 246 - LRB103 29826 RLC 56234 b
8799	8799	1 more violations, as determined in any civil, criminal, or
8800	8800	2 administrative proceedings, of any one or more of the
8801	8801	3 following:
8802	8802	4 (A) the Consumer Finance Act;
8803	8803	5 (B) the Consumer Installment Loan Act;
8804	8804	6 (C) the Retail Installment Sales Act;
8805	8805	7 (D) the Motor Vehicle Retail Installment Sales
8806	8806	8 Act;
8807	8807	9 (E) the Interest Act;
8808	8808	10 (F) the Illinois Wage Assignment Act;
8809	8809	11 (G) Part 8 of Article XII of the Code of Civil
8810	8810	12 Procedure; or
8811	8811	13 (H) the Consumer Fraud and Deceptive Business
8812	8812	14 Practices Act.
8813	8813	15 (8) A statement that, within 10 years of application,
8814	8814	16 each officer, director, shareholder having a 10% or
8815	8815	17 greater ownership interest therein, proprietor, partner,
8816	8816	18 member, officer, director, trustee, manager, or other
8817	8817	19 principal in the business of the applicant has not
8818	8818	20 committed, as determined in any civil, criminal, or
8819	8819	21 administrative proceeding, in any calendar year one or
8820	8820	22 more forcible felonies under the Criminal Code of 1961 or
8821	8821	23 the Criminal Code of 2012, or a violation of either or both
8822	8822	24 Article 16 or 17 of the Criminal Code of 1961, or a
8823	8823	25 violation of either or both Article 16 or 17 of the
8824	8824	26 Criminal Code of 2012, Article 29B of the Criminal Code of
8825	8825
8826	8826
8827	8827
8828	8828
8829	8829
8830	8830	HB3575 - 246 - LRB103 29826 RLC 56234 b
8831	8831
8832	8832
8833	8833	HB3575- 247 -LRB103 29826 RLC 56234 b HB3575 - 247 - LRB103 29826 RLC 56234 b
8834	8834	HB3575 - 247 - LRB103 29826 RLC 56234 b
8835	8835	1 1961 or the Criminal Code of 2012, or a similar
8836	8836	2 out-of-state offense. For the purposes of this paragraph,
8837	8837	3 "forcible felony" has the meaning provided in Section 2-8
8838	8838	4 of the Criminal Code of 2012.
8839	8839	5 (9) A bond or Certificate of Deposit in the amount of
8840	8840	6 $50,000 for each location at which the applicant intends
8841	8841	7 to act as a Buy Here, Pay Here used vehicle dealer. The
8842	8842	8 bond shall be for the term of the license. The bond shall
8843	8843	9 run to the People of the State of Illinois, with surety by
8844	8844	10 a bonding or insurance company authorized to do business
8845	8845	11 in this State. It shall be conditioned upon the proper
8846	8846	12 transmittal of all title and registration fees and taxes
8847	8847	13 (excluding taxes under the Retailers' Occupation Tax Act)
8848	8848	14 accepted by the applicant as a Buy Here, Pay Here used
8849	8849	15 vehicle dealer.
8850	8850	16 (10) Such other information concerning the business of
8851	8851	17 the applicant as the Secretary of State may by rule
8852	8852	18 prescribe.
8853	8853	19 (11) A statement that the applicant understands
8854	8854	20 Chapter 1 through Chapter 5 of this Code.
8855	8855	21 (12) A copy of the certification from the prelicensing
8856	8856	22 education program.
8857	8857	23 (13) The full name, address, and contact information
8858	8858	24 of each of the dealer's agents or legal representatives
8859	8859	25 who is an Illinois resident and liable for the performance
8860	8860	26 of the dealership.
8861	8861
8862	8862
8863	8863
8864	8864
8865	8865
8866	8866	HB3575 - 247 - LRB103 29826 RLC 56234 b
8867	8867
8868	8868
8869	8869	HB3575- 248 -LRB103 29826 RLC 56234 b HB3575 - 248 - LRB103 29826 RLC 56234 b
8870	8870	HB3575 - 248 - LRB103 29826 RLC 56234 b
8871	8871	1 (d) Any change that renders no longer accurate any
8872	8872	2 information contained in any application for a Buy Here, Pay
8873	8873	3 Here used vehicle dealer's license shall be amended within 30
8874	8874	4 days after the occurrence of each change on such form as the
8875	8875	5 Secretary of State may prescribe by rule, accompanied by an
8876	8876	6 amendatory fee of $2.
8877	8877	7 (e) Anything in this Chapter to the contrary
8878	8878	8 notwithstanding, no person shall be licensed as a Buy Here,
8879	8879	9 Pay Here used vehicle dealer unless the person maintains an
8880	8880	10 established place of business as defined in this Chapter.
8881	8881	11 (f) The Secretary of State shall, within a reasonable time
8882	8882	12 after receipt, examine an application submitted under this
8883	8883	13 Section. Unless the Secretary makes a determination that the
8884	8884	14 application does not conform to this Section or that grounds
8885	8885	15 exist for a denial of the application under Section 5-501 of
8886	8886	16 this Chapter, the Secretary must grant the applicant an
8887	8887	17 original Buy Here, Pay Here used vehicle dealer's license in
8888	8888	18 writing for his or her established place of business and a
8889	8889	19 supplemental license in writing for each additional place of
8890	8890	20 business in such form as the Secretary may prescribe by rule
8891	8891	21 that shall include the following:
8892	8892	22 (1) The name of the person licensed.
8893	8893	23 (2) If a corporation, the name and address of its
8894	8894	24 officers or if a sole proprietorship, a partnership, an
8895	8895	25 unincorporated association, or any similar form of
8896	8896	26 business organization, the name and address of the
8897	8897
8898	8898
8899	8899
8900	8900
8901	8901
8902	8902	HB3575 - 248 - LRB103 29826 RLC 56234 b
8903	8903
8904	8904
8905	8905	HB3575- 249 -LRB103 29826 RLC 56234 b HB3575 - 249 - LRB103 29826 RLC 56234 b
8906	8906	HB3575 - 249 - LRB103 29826 RLC 56234 b
8907	8907	1 proprietor or of each partner, member, officer, director,
8908	8908	2 trustee, or manager.
8909	8909	3 (3) In the case of an original license, the
8910	8910	4 established place of business of the licensee.
8911	8911	5 (4) In the case of a supplemental license, the
8912	8912	6 established place of business of the licensee and the
8913	8913	7 additional place of business to which the supplemental
8914	8914	8 license pertains.
8915	8915	9 (5) The full name, address, and contact information of
8916	8916	10 each of the dealer's agents or legal representatives who
8917	8917	11 is an Illinois resident and liable for the performance of
8918	8918	12 the dealership.
8919	8919	13 (g) The appropriate instrument evidencing the license or a
8920	8920	14 certified copy thereof, provided by the Secretary of State
8921	8921	15 shall be kept posted, conspicuously, in the established place
8922	8922	16 of business of the licensee and in each additional place of
8923	8923	17 business, if any, maintained by the licensee.
8924	8924	18 (h) Except as provided in subsection (i), all Buy Here,
8925	8925	19 Pay Here used vehicle dealer's licenses granted under this
8926	8926	20 Section expire by operation of law on December 31 of the
8927	8927	21 calendar year for which they are granted unless sooner revoked
8928	8928	22 or cancelled under Section 5-501 of this Chapter.
8929	8929	23 (i) A Buy Here, Pay Here used vehicle dealer's license may
8930	8930	24 be renewed upon application and payment of the fee required
8931	8931	25 herein, and submission of proof of coverage by an approved
8932	8932	26 bond under the Retailers' Occupation Tax Act or proof that the
8933	8933
8934	8934
8935	8935
8936	8936
8937	8937
8938	8938	HB3575 - 249 - LRB103 29826 RLC 56234 b
8939	8939
8940	8940
8941	8941	HB3575- 250 -LRB103 29826 RLC 56234 b HB3575 - 250 - LRB103 29826 RLC 56234 b
8942	8942	HB3575 - 250 - LRB103 29826 RLC 56234 b
8943	8943	1 applicant is not subject to such bonding requirements, as in
8944	8944	2 the case of an original license, but in the case of an
8945	8945	3 application for the renewal of an effective license made
8946	8946	4 during the month of December, the effective license shall
8947	8947	5 remain in force until the application for renewal is granted
8948	8948	6 or denied by the Secretary of State.
8949	8949	7 (j) Each person licensed as a Buy Here, Pay Here used
8950	8950	8 vehicle dealer is required to furnish each purchaser of a
8951	8951	9 motor vehicle:
8952	8952	10 (1) a certificate of title properly assigned to the
8953	8953	11 purchaser;
8954	8954	12 (2) a statement verified under oath that all
8955	8955	13 identifying numbers on the vehicle agree with those on the
8956	8956	14 certificate of title;
8957	8957	15 (3) a bill of sale properly executed on behalf of the
8958	8958	16 person;
8959	8959	17 (4) a copy of the Uniform Invoice-transaction
8960	8960	18 reporting return referred to in Section 5-402;
8961	8961	19 (5) in the case of a rebuilt vehicle, a copy of the
8962	8962	20 Disclosure of Rebuilt Vehicle Status; and
8963	8963	21 (6) in the case of a vehicle for which the warranty has
8964	8964	22 been reinstated, a copy of the warranty.
8965	8965	23 (k) Except at the time of sale or repossession of the
8966	8966	24 vehicle, no person licensed as a Buy Here, Pay Here used
8967	8967	25 vehicle dealer may issue any other person a newly created key
8968	8968	26 to a vehicle unless the Buy Here, Pay Here used vehicle dealer
8969	8969
8970	8970
8971	8971
8972	8972
8973	8973
8974	8974	HB3575 - 250 - LRB103 29826 RLC 56234 b
8975	8975
8976	8976
8977	8977	HB3575- 251 -LRB103 29826 RLC 56234 b HB3575 - 251 - LRB103 29826 RLC 56234 b
8978	8978	HB3575 - 251 - LRB103 29826 RLC 56234 b
8979	8979	1 makes a color photocopy or electronic scan of the driver's
8980	8980	2 license or State identification card of the person requesting
8981	8981	3 or obtaining the newly created key. The Buy Here, Pay Here used
8982	8982	4 vehicle dealer must retain the photocopy or scan for 30 days.
8983	8983	5 A Buy Here, Pay Here used vehicle dealer who violates this
8984	8984	6 subsection (k) is guilty of a petty offense. Violation of this
8985	8985	7 subsection (k) is not cause to suspend, revoke, cancel, or
8986	8986	8 deny renewal of the used vehicle dealer's license.
8987	8987	9 (l) A Buy Here, Pay Here used vehicle dealer licensed
8988	8988	10 under this Section shall provide the Secretary of State a
8989	8989	11 register for the sale at auction of each salvage or junk
8990	8990	12 certificate vehicle. Each register shall include the following
8991	8991	13 information:
8992	8992	14 (1) the year, make, model, style, and color of the
8993	8993	15 vehicle;
8994	8994	16 (2) the vehicle's manufacturer's identification number
8995	8995	17 or, if applicable, the Secretary of State or Illinois
8996	8996	18 Department of State Police identification number;
8997	8997	19 (3) the date of acquisition of the vehicle;
8998	8998	20 (4) the name and address of the person from whom the
8999	8999	21 vehicle was acquired;
9000	9000	22 (5) the name and address of the person to whom any
9001	9001	23 vehicle was disposed, the person's Illinois license number
9002	9002	24 or, if the person is an out-of-state salvage vehicle
9003	9003	25 buyer, the license number from the state or jurisdiction
9004	9004	26 where the buyer is licensed; and
9005	9005
9006	9006
9007	9007
9008	9008
9009	9009
9010	9010	HB3575 - 251 - LRB103 29826 RLC 56234 b
9011	9011
9012	9012
9013	9013	HB3575- 252 -LRB103 29826 RLC 56234 b HB3575 - 252 - LRB103 29826 RLC 56234 b
9014	9014	HB3575 - 252 - LRB103 29826 RLC 56234 b
9015	9015	1 (6) the purchase price of the vehicle.
9016	9016	2 The register shall be submitted to the Secretary of State
9017	9017	3 via written or electronic means within 10 calendar days from
9018	9018	4 the date of the auction.
9019	9019	5 (m) If a licensee under this Section voluntarily
9020	9020	6 surrenders a license to the Illinois Secretary of State Police
9021	9021	7 or a representative of the Secretary of State Vehicle Services
9022	9022	8 Department due to the licensee's inability to adhere to
9023	9023	9 recordkeeping provisions, or the inability to properly issue
9024	9024	10 certificates of title or registrations under this Code, or the
9025	9025	11 Secretary revokes a license under this Section, then the
9026	9026	12 licensee and the licensee's agent, designee, or legal
9027	9027	13 representative, if applicable, may not be named on a new
9028	9028	14 application for a licensee under this Section or under this
9029	9029	15 Chapter, nor is the licensee or the licensee's agent,
9030	9030	16 designee, or legal representative permitted to work for
9031	9031	17 another licensee under this Chapter in a recordkeeping,
9032	9032	18 management, or financial position or as an employee who
9033	9033	19 handles certificate of title and registration documents and
9034	9034	20 applications.
9035	9035	21 (Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22;
9036	9036	22 102-982, eff. 7-1-23.)
9037	9037	23 (625 ILCS 5/5-403) (from Ch. 95 1/2, par. 5-403)
9038	9038	24 Sec. 5-403. (1) Authorized representatives of the
9039	9039	25 Secretary of State including officers of the Secretary of
9040	9040
9041	9041
9042	9042
9043	9043
9044	9044
9045	9045	HB3575 - 252 - LRB103 29826 RLC 56234 b
9046	9046
9047	9047
9048	9048	HB3575- 253 -LRB103 29826 RLC 56234 b HB3575 - 253 - LRB103 29826 RLC 56234 b
9049	9049	HB3575 - 253 - LRB103 29826 RLC 56234 b
9050	9050	1 State's Department of Police, other peace officers, and such
9051	9051	2 other individuals as the Secretary may designate from time to
9052	9052	3 time shall make inspections of individuals and facilities
9053	9053	4 licensed or required to be licensed under Chapter 5 of the
9054	9054	5 Illinois Vehicle Code for the purpose of reviewing records
9055	9055	6 required to be maintained under Chapter 5 for accuracy and
9056	9056	7 completeness and reviewing and examining the premises of the
9057	9057	8 licensee's established or additional place of business for the
9058	9058	9 purpose of determining the accuracy of the required records.
9059	9059	10 Premises that may be inspected in order to determine the
9060	9060	11 accuracy of the books and records required to be kept includes
9061	9061	12 all premises used by the licensee to store vehicles and parts
9062	9062	13 that are reflected by the required books and records.
9063	9063	14 (2) Persons having knowledge of or conducting inspections
9064	9064	15 pursuant to this Chapter shall not in advance of such
9065	9065	16 inspections knowingly notify a licensee or representative of a
9066	9066	17 licensee of the contemplated inspection unless the Secretary
9067	9067	18 or an individual designated by him for this purpose authorizes
9068	9068	19 such notification. Any individual who, without authorization,
9069	9069	20 knowingly violates this subparagraph shall be guilty of a
9070	9070	21 Class A misdemeanor.
9071	9071	22 (3) The licensee or a representative of the licensee shall
9072	9072	23 be entitled to be present during an inspection conducted
9073	9073	24 pursuant to Chapter 5, however, the presence of the licensee
9074	9074	25 or an authorized representative of the licensee is not a
9075	9075	26 condition precedent to such an inspection.
9076	9076
9077	9077
9078	9078
9079	9079
9080	9080
9081	9081	HB3575 - 253 - LRB103 29826 RLC 56234 b
9082	9082
9083	9083
9084	9084	HB3575- 254 -LRB103 29826 RLC 56234 b HB3575 - 254 - LRB103 29826 RLC 56234 b
9085	9085	HB3575 - 254 - LRB103 29826 RLC 56234 b
9086	9086	1 (4) Inspection conducted pursuant to Chapter 5 may be
9087	9087	2 initiated at any time that business is being conducted or work
9088	9088	3 is being performed, whether or not open to the public or when
9089	9089	4 the licensee or a representative of the licensee, other than a
9090	9090	5 mere custodian or watchman, is present. The fact that a
9091	9091	6 licensee or representative of the licensee leaves the licensed
9092	9092	7 premises after an inspection has been initiated shall not
9093	9093	8 require the termination of the inspection.
9094	9094	9 (5) Any inspection conducted pursuant to Chapter 5 shall
9095	9095	10 not continue for more than 24 hours after initiation.
9096	9096	11 (6) In the event information comes to the attention of the
9097	9097	12 individuals conducting an inspection that may give rise to the
9098	9098	13 necessity of obtaining a search warrant, and in the event
9099	9099	14 steps are initiated for the procurement of a search warrant,
9100	9100	15 the individuals conducting such inspection may take all
9101	9101	16 necessary steps to secure the premises under inspection until
9102	9102	17 the warrant application is acted upon by a judicial officer.
9103	9103	18 (7) No more than 6 inspections of a premises may be
9104	9104	19 conducted pursuant to Chapter 5 within any 6 month period
9105	9105	20 except pursuant to a search warrant. Notwithstanding this
9106	9106	21 limitation, nothing in this subparagraph (7) shall be
9107	9107	22 construed to limit the authority of law enforcement agents to
9108	9108	23 respond to public complaints of violations of the Code. For
9109	9109	24 the purpose of this subparagraph (7), a public complaint is
9110	9110	25 one in which the complainant identifies himself or herself and
9111	9111	26 sets forth, in writing, the specific basis for their complaint
9112	9112
9113	9113
9114	9114
9115	9115
9116	9116
9117	9117	HB3575 - 254 - LRB103 29826 RLC 56234 b
9118	9118
9119	9119
9120	9120	HB3575- 255 -LRB103 29826 RLC 56234 b HB3575 - 255 - LRB103 29826 RLC 56234 b
9121	9121	HB3575 - 255 - LRB103 29826 RLC 56234 b
9122	9122	1 against the licensee. For the purpose of this subparagraph
9123	9123	2 (7), the inspection of records pertaining only to recyclable
9124	9124	3 metals, as provided in subdivision (a)(5) of Section 5-401.3
9125	9125	4 of this Code, shall not be counted as an inspection of a
9126	9126	5 premises.
9127	9127	6 (8) Nothing in this Section shall be construed to limit
9128	9128	7 the authority of individuals by the Secretary pursuant to this
9129	9129	8 Section to conduct searches of licensees pursuant to a duly
9130	9130	9 issued and authorized search warrant.
9131	9131	10 (9) Any licensee who, having been informed by a person
9132	9132	11 authorized to make inspections and examine records under this
9133	9133	12 Section that he desires to inspect records and the licensee's
9134	9134	13 premises as authorized by this Section, refuses either to
9135	9135	14 produce for that person records required to be kept by this
9136	9136	15 Chapter or to permit such authorized person to make an
9137	9137	16 inspection of the premises in accordance with this Section
9138	9138	17 shall subject the license to immediate suspension by the
9139	9139	18 Secretary of State.
9140	9140	19 (10) Beginning July 1, 1988, any person referenced under
9141	9141	20 Section 5-302 shall produce for inspection upon demand those
9142	9142	21 records pertaining to the acquisition of salvage vehicles in
9143	9143	22 this State.
9144	9144	23 (Source: P.A. 95-253, eff. 1-1-08; 95-783, eff. 1-1-09;
9145	9145	24 95-979, eff. 1-2-09; 96-328, eff. 8-11-09.)
9146	9146	25 (625 ILCS 5/5-803)
9147	9147
9148	9148
9149	9149
9150	9150
9151	9151
9152	9152	HB3575 - 255 - LRB103 29826 RLC 56234 b
9153	9153
9154	9154
9155	9155	HB3575- 256 -LRB103 29826 RLC 56234 b HB3575 - 256 - LRB103 29826 RLC 56234 b
9156	9156	HB3575 - 256 - LRB103 29826 RLC 56234 b
9157	9157	1 Sec. 5-803. Administrative penalties. Instead of filing a
9158	9158	2 criminal complaint against a new or used vehicle dealer, or
9159	9159	3 against any other entity licensed by the Secretary under this
9160	9160	4 Code, or any other unlicensed entity acting in violation of
9161	9161	5 this Code, a Secretary of State Police investigator may issue
9162	9162	6 administrative citations for violations of any of the
9163	9163	7 provisions of this Code or any administrative rule adopted by
9164	9164	8 the Secretary under this Code. A party receiving a citation
9165	9165	9 shall have the right to contest the citation in proceedings
9166	9166	10 before the Secretary of State Department of Administrative
9167	9167	11 Hearings. Penalties imposed by issuance of an administrative
9168	9168	12 citation shall not exceed $50 per violation. A penalty may not
9169	9169	13 be imposed unless, during the course of a single investigation
9170	9170	14 or upon review of the party's records, the party is found to
9171	9171	15 have committed at least 3 separate violations of one or more of
9172	9172	16 the provisions of this Code or any administrative rule adopted
9173	9173	17 by the Secretary under this Code. Penalties paid as a result of
9174	9174	18 the issuance of administrative citations shall be deposited in
9175	9175	19 the Secretary of State Police Services Fund.
9176	9176	20 (Source: P.A. 101-572, eff. 8-23-19.)
9177	9177	21 (625 ILCS 5/5-901)
9178	9178	22 Sec. 5-901. Regulation of manufactured home dealers.
9179	9179	23 (a) As used in this Article:
9180	9180	24 "Established place of business" means the place owned or
9181	9181	25 leased and occupied by any person duly licensed or required to
9182	9182
9183	9183
9184	9184
9185	9185
9186	9186
9187	9187	HB3575 - 256 - LRB103 29826 RLC 56234 b
9188	9188
9189	9189
9190	9190	HB3575- 257 -LRB103 29826 RLC 56234 b HB3575 - 257 - LRB103 29826 RLC 56234 b
9191	9191	HB3575 - 257 - LRB103 29826 RLC 56234 b
9192	9192	1 be licensed as a manufactured home dealer for the purpose of
9193	9193	2 engaging in selling, buying, bartering, displaying,
9194	9194	3 exchanging, or dealing in, on consignment or otherwise,
9195	9195	4 manufactured homes and for such other ancillary purposes as
9196	9196	5 may be permitted by the Secretary by rule.
9197	9197	6 "Manufactured home" means a factory-assembled structure
9198	9198	7 built on a permanent chassis, transportable in one or more
9199	9199	8 sections in the travel mode, incapable of self-propulsion,
9200	9200	9 bears a label indicating the manufacturer's compliance with
9201	9201	10 the United States Department of Housing and Urban Development
9202	9202	11 standards, as applicable, and is designed for year-round
9203	9203	12 occupancy as a single-family residence when connected to
9204	9204	13 approved water, sewer, and electrical utilities.
9205	9205	14 "Manufactured home dealer" means: (1) an individual or
9206	9206	15 entity that engages in the business of acquiring or disposing
9207	9207	16 of new or used manufactured homes; (2) an individual or entity
9208	9208	17 who advertises or otherwise holds the individual or the entity
9209	9209	18 out as being engaged in the business of acquiring or selling
9210	9210	19 new or used manufactured homes; or (3) an individual or entity
9211	9211	20 who buys or sells more than 2 new or used manufactured homes
9212	9212	21 within a 12-month period.
9213	9213	22 (b) No person shall engage in this State in the business of
9214	9214	23 selling or dealing in, on consignment or otherwise,
9215	9215	24 manufactured homes of any make, or act as an intermediary,
9216	9216	25 agent, or broker for any manufactured home purchaser, other
9217	9217	26 than as a salesperson, or to represent or advertise that he or
9218	9218
9219	9219
9220	9220
9221	9221
9222	9222
9223	9223	HB3575 - 257 - LRB103 29826 RLC 56234 b
9224	9224
9225	9225
9226	9226	HB3575- 258 -LRB103 29826 RLC 56234 b HB3575 - 258 - LRB103 29826 RLC 56234 b
9227	9227	HB3575 - 258 - LRB103 29826 RLC 56234 b
9228	9228	1 she is so engaged, or intends to so engage, in the business,
9229	9229	2 unless licensed to do so by the Secretary of State under this
9230	9230	3 Section.
9231	9231	4 (c) An application for a manufactured home dealer's
9232	9232	5 license shall be filed with the Secretary of State Vehicle
9233	9233	6 Services Department and duly verified by oath, on such form as
9234	9234	7 the Secretary of State may prescribe, and shall contain all of
9235	9235	8 the following:
9236	9236	9 (1) The name and type of business organization of the
9237	9237	10 applicant, and his or her established place of business in
9238	9238	11 this State.
9239	9239	12 (2) If the applicant is a corporation, a list of its
9240	9240	13 officers, directors, and shareholders having a 10% or
9241	9241	14 greater ownership interest in the corporation. If the
9242	9242	15 applicant is a sole proprietorship, a partnership, a
9243	9243	16 limited liability company, an unincorporated association,
9244	9244	17 a trust, or any similar form of business organization, the
9245	9245	18 name and residence address of the proprietor, or the name
9246	9246	19 and residence address of each partner, member, officer,
9247	9247	20 director, trustee, or manager.
9248	9248	21 (3) A statement that the applicant has been approved
9249	9249	22 for registration under the Retailers' Occupation Tax Act
9250	9250	23 by the Department of Revenue, except that this requirement
9251	9251	24 does not apply to a manufactured home dealer who is
9252	9252	25 already licensed with the Secretary of State, and who is
9253	9253	26 only applying for a renewal of his or her license. As
9254	9254
9255	9255
9256	9256
9257	9257
9258	9258
9259	9259	HB3575 - 258 - LRB103 29826 RLC 56234 b
9260	9260
9261	9261
9262	9262	HB3575- 259 -LRB103 29826 RLC 56234 b HB3575 - 259 - LRB103 29826 RLC 56234 b
9263	9263	HB3575 - 259 - LRB103 29826 RLC 56234 b
9264	9264	1 evidence of this fact, the application shall be
9265	9265	2 accompanied by a certification from the Department of
9266	9266	3 Revenue showing that the Department has approved the
9267	9267	4 applicant for registration under the Retailers' Occupation
9268	9268	5 Tax Act.
9269	9269	6 (4) An application for a manufactured home dealer's
9270	9270	7 license shall be accompanied by a $1,000 license fee for
9271	9271	8 the applicant's established place of business. If the
9272	9272	9 application is made after June 15 of any year, the license
9273	9273	10 fee shall be $500 for the applicant's established place of
9274	9274	11 business. License fees shall be returnable only if the
9275	9275	12 application is denied by the Secretary of State.
9276	9276	13 Of the money received by the Secretary of State as
9277	9277	14 license fees under this paragraph (4), 95% shall be
9278	9278	15 deposited into the General Revenue Fund and 5% into the
9279	9279	16 Motor Vehicle License Plate Fund.
9280	9280	17 (5) A statement that no officer, director, shareholder
9281	9281	18 having a 10% or greater ownership interest, proprietor,
9282	9282	19 partner, member, officer, director, trustee, manager, or
9283	9283	20 other principal in the business of the applicant has
9284	9284	21 committed in the past 3 years any violation, as determined
9285	9285	22 in any civil, criminal, or administrative hearing
9286	9286	23 proceeding, of any one of the following Acts:
9287	9287	24 (A) the Anti-Theft Laws of this Code;
9288	9288	25 (B) the Certificate of Title Laws of this Code;
9289	9289	26 (C) the Offenses against Registration and
9290	9290
9291	9291
9292	9292
9293	9293
9294	9294
9295	9295	HB3575 - 259 - LRB103 29826 RLC 56234 b
9296	9296
9297	9297
9298	9298	HB3575- 260 -LRB103 29826 RLC 56234 b HB3575 - 260 - LRB103 29826 RLC 56234 b
9299	9299	HB3575 - 260 - LRB103 29826 RLC 56234 b
9300	9300	1 Certificates of Title Laws of this Code;
9301	9301	2 (D) the Dealers, Transporters, Wreckers, and
9302	9302	3 Rebuilders Laws of this Code;
9303	9303	4 (E) Section 21-2 of the Criminal Code of 2012,
9304	9304	5 criminal trespass to vehicles;
9305	9305	6 (F) the Retailers' Occupation Tax Act;
9306	9306	7 (G) the Consumer Installment Loan Act;
9307	9307	8 (H) the Retail Installment Sales Act;
9308	9308	9 (I) the Interest Act;
9309	9309	10 (J) the Illinois Wage Assignment Act;
9310	9310	11 (K) Part 8 of Article XII of the Code of Civil
9311	9311	12 Procedure; or
9312	9312	13 (L) the Consumer Fraud and Deceptive Business
9313	9313	14 Practices Act.
9314	9314	15 (6) A bond or certificate of deposit in the amount of
9315	9315	16 $150,000 for each license holder applicant intending to
9316	9316	17 act as a manufactured home dealer under this Section. The
9317	9317	18 bond shall be for the term of the license for which
9318	9318	19 application is made and shall expire not sooner than
9319	9319	20 December 31st of the year for which the license was
9320	9320	21 issued. The bond shall run to the People of the State of
9321	9321	22 Illinois and to customers asserting financial claims
9322	9322	23 against the dealer, with surety by a bonding or insurance
9323	9323	24 company authorized to do business in this State. It shall
9324	9324	25 be conditioned upon the proper transmittal of all title
9325	9325	26 and registration fees and taxes (excluding taxes under the
9326	9326
9327	9327
9328	9328
9329	9329
9330	9330
9331	9331	HB3575 - 260 - LRB103 29826 RLC 56234 b
9332	9332
9333	9333
9334	9334	HB3575- 261 -LRB103 29826 RLC 56234 b HB3575 - 261 - LRB103 29826 RLC 56234 b
9335	9335	HB3575 - 261 - LRB103 29826 RLC 56234 b
9336	9336	1 Retailers' Occupation Tax Act) accepted by the applicant
9337	9337	2 as a manufactured home dealer, and the execution of all of
9338	9338	3 the dealer's obligations to the customer, including
9339	9339	4 financial duties related to the acceptance and
9340	9340	5 disbursement of any funds paid to the dealer by the
9341	9341	6 customer, and conveyance of possession or ownership
9342	9342	7 documents of a manufactured home.
9343	9343	8 (7) Dealers in business for over 10 years may
9344	9344	9 substitute a certificate of insurance in lieu of the bond
9345	9345	10 or certificate of deposit upon renewing their license.
9346	9346	11 (8) Any other information concerning the business of
9347	9347	12 the applicant as the Secretary of State may by rule
9348	9348	13 prescribe.
9349	9349	14 (d) Any change that renders no longer accurate any
9350	9350	15 information contained in any application for a license under
9351	9351	16 this Section shall be amended within 30 days after the
9352	9352	17 occurrence of the change on a form the Secretary of State may
9353	9353	18 prescribe, by rule, accompanied by an amendatory fee of $25.
9354	9354	19 (e) The Secretary of State shall, within a reasonable time
9355	9355	20 after receipt, examine an application submitted under this
9356	9356	21 Section, and unless the Secretary makes a determination that
9357	9357	22 the application submitted does not conform with the
9358	9358	23 requirements of this Section or that grounds exist for a
9359	9359	24 denial of the application under subsection (f), grant the
9360	9360	25 applicant an initial manufactured home dealer's license in
9361	9361	26 writing for the established place of business of the applicant
9362	9362
9363	9363
9364	9364
9365	9365
9366	9366
9367	9367	HB3575 - 261 - LRB103 29826 RLC 56234 b
9368	9368
9369	9369
9370	9370	HB3575- 262 -LRB103 29826 RLC 56234 b HB3575 - 262 - LRB103 29826 RLC 56234 b
9371	9371	HB3575 - 262 - LRB103 29826 RLC 56234 b
9372	9372	1 in a form the Secretary may prescribe by rule, which shall
9373	9373	2 include the following:
9374	9374	3 (1) the name of the person or entity licensed;
9375	9375	4 (2) if a corporation, the name and address of its
9376	9376	5 officers; if a sole proprietorship, a partnership, an
9377	9377	6 unincorporated association, or any similar form of
9378	9378	7 business organization, the name and address of the
9379	9379	8 proprietor, or the name and address of each partner,
9380	9380	9 member, officer, director, trustee or manager; or if a
9381	9381	10 limited liability company, the name and address of the
9382	9382	11 general partner or partners, or managing member or
9383	9383	12 members; and
9384	9384	13 (3) the established place of business of the licensee.
9385	9385	14 (f) A license issued under this Section may be denied,
9386	9386	15 revoked, or suspended if the Secretary of State finds that the
9387	9387	16 applicant, or the officer, director, shareholder having a 10%
9388	9388	17 or greater ownership interest in the corporation, owner,
9389	9389	18 partner, trustee, manager, employee or the licensee has:
9390	9390	19 (1) violated this Section;
9391	9391	20 (2) made any material misrepresentation to the
9392	9392	21 Secretary of State in connection with an application for a
9393	9393	22 license, title, or registration;
9394	9394	23 (3) committed a fraudulent act in connection with
9395	9395	24 selling, bartering, exchanging, offering for sale, or
9396	9396	25 otherwise dealing in manufactured homes;
9397	9397	26 (4) not maintained an established place of business as
9398	9398
9399	9399
9400	9400
9401	9401
9402	9402
9403	9403	HB3575 - 262 - LRB103 29826 RLC 56234 b
9404	9404
9405	9405
9406	9406	HB3575- 263 -LRB103 29826 RLC 56234 b HB3575 - 263 - LRB103 29826 RLC 56234 b
9407	9407	HB3575 - 263 - LRB103 29826 RLC 56234 b
9408	9408	1 defined in this Section;
9409	9409	2 (5) failed to file or produce to the Secretary of
9410	9410	3 State any application, report, document, or other
9411	9411	4 pertinent books, records, documents, letters, contracts
9412	9412	5 required to be filed or produced under this Section or any
9413	9413	6 rule adopted by the Secretary of State pursuant to this
9414	9414	7 Section;
9415	9415	8 (6) failed to pay any fees or taxes due under this
9416	9416	9 Code, or has failed to transmit any fees or taxes received
9417	9417	10 by him or her for transmittal by him or her to the
9418	9418	11 Secretary of State or the State of Illinois;
9419	9419	12 (7) failed to transfer title to a manufactured home
9420	9420	13 when legally required to do so; or
9421	9421	14 (8) violated any of the following:
9422	9422	15 (A) the Anti-Theft Laws of this Code;
9423	9423	16 (B) the Certificate of Title Laws of this Code;
9424	9424	17 (C) the Offenses against Registration and
9425	9425	18 Certificates of Title Laws of this Code;
9426	9426	19 (D) the Dealers, Transporters, Wreckers, and
9427	9427	20 Rebuilders Laws of this Code;
9428	9428	21 (E) Section 21-2 of the Criminal Code of 2012,
9429	9429	22 criminal trespass to vehicles;
9430	9430	23 (F) the Retailers' Occupation Tax Act;
9431	9431	24 (G) the Consumer Installment Loan Act;
9432	9432	25 (H) the Retail Installment Sales Act;
9433	9433	26 (I) the Interest Act;
9434	9434
9435	9435
9436	9436
9437	9437
9438	9438
9439	9439	HB3575 - 263 - LRB103 29826 RLC 56234 b
9440	9440
9441	9441
9442	9442	HB3575- 264 -LRB103 29826 RLC 56234 b HB3575 - 264 - LRB103 29826 RLC 56234 b
9443	9443	HB3575 - 264 - LRB103 29826 RLC 56234 b
9444	9444	1 (J) the Illinois Wage Assignment Act;
9445	9445	2 (K) Part 8 of Article XII of the Code of Civil
9446	9446	3 Procedure; or
9447	9447	4 (L) the Consumer Fraud and Deceptive Business
9448	9448	5 Practices Act.
9449	9449	6 (g) In addition to other grounds specified in this
9450	9450	7 Section, the Secretary of State, on complaint of the
9451	9451	8 Department of Revenue, shall refuse the issuance or renewal of
9452	9452	9 a license, or suspend or revoke such a license, for any of the
9453	9453	10 following violations of the Retailers' Occupation Tax Act, the
9454	9454	11 tax imposed on corporations under subsection (b) of Section
9455	9455	12 201 of the Illinois Income Tax Act, the Personal Property Tax
9456	9456	13 Replacement Income Tax imposed under subsections (c) and (d)
9457	9457	14 of Section 201 of the Illinois Income Tax Act, or the tax
9458	9458	15 imposed under Section 704A of the Illinois Income Tax Act:
9459	9459	16 (1) failure to make a tax return;
9460	9460	17 (2) the filing of a fraudulent return;
9461	9461	18 (3) failure to pay all or part of any tax or penalty
9462	9462	19 finally determined to be due;
9463	9463	20 (4) failure to comply with the bonding requirements of
9464	9464	21 the Retailers' Occupation Tax Act.
9465	9465	22 (h) A license issued under this Section may be canceled by
9466	9466	23 the Secretary of State prior to its expiration in any of the
9467	9467	24 following situations:
9468	9468	25 (1) if a license is voluntarily surrendered by the
9469	9469	26 licensed person;
9470	9470
9471	9471
9472	9472
9473	9473
9474	9474
9475	9475	HB3575 - 264 - LRB103 29826 RLC 56234 b
9476	9476
9477	9477
9478	9478	HB3575- 265 -LRB103 29826 RLC 56234 b HB3575 - 265 - LRB103 29826 RLC 56234 b
9479	9479	HB3575 - 265 - LRB103 29826 RLC 56234 b
9480	9480	1 (2) if the business enterprise is a sole
9481	9481	2 proprietorship and the sole proprietor dies or is
9482	9482	3 imprisoned for any period exceeding 30 days; or
9483	9483	4 (3) if the license was issued to the wrong person or
9484	9484	5 corporation or contains an error on its face.
9485	9485	6 If any person whose license has been canceled wishes to
9486	9486	7 apply for another license, whether during the same license
9487	9487	8 year or any other year, that person shall be treated as a new
9488	9488	9 applicant and the cancellation of the person's prior license
9489	9489	10 shall not, in and of itself, be a bar to the issuance of a new
9490	9490	11 license.
9491	9491	12 (i) A license issued under this Section may be canceled
9492	9492	13 without a hearing if the Secretary of State is notified that
9493	9493	14 the applicant, or any officer, director, shareholder having a
9494	9494	15 10% or greater ownership interest, owner, partner, trustee,
9495	9495	16 manager, employee, or member of the applicant or the licensee
9496	9496	17 has been convicted of any forcible felony or any felony
9497	9497	18 involving the selling, bartering, exchanging, offering for
9498	9498	19 sale, or otherwise dealing in ownership documents relating to
9499	9499	20 any of the above actions.
9500	9500	21 (j) The appropriate instrument evidencing the license or a
9501	9501	22 certified copy of the instrument, provided by the Secretary of
9502	9502	23 State, shall be kept posted conspicuously in the established
9503	9503	24 place of business of the licensee.
9504	9504	25 (k) All records related to the purchase, sale, or
9505	9505	26 acceptance for sale on consignment of any manufactured home
9506	9506
9507	9507
9508	9508
9509	9509
9510	9510
9511	9511	HB3575 - 265 - LRB103 29826 RLC 56234 b
9512	9512
9513	9513
9514	9514	HB3575- 266 -LRB103 29826 RLC 56234 b HB3575 - 266 - LRB103 29826 RLC 56234 b
9515	9515	HB3575 - 266 - LRB103 29826 RLC 56234 b
9516	9516	1 shall be maintained at the licensee's established place of
9517	9517	2 business. These records shall be retained for a period of not
9518	9518	3 less than 7 years, and shall be made available for inspection
9519	9519	4 upon the request of a Secretary of State auditor or an
9520	9520	5 investigator with the Secretary of State Department of Police.
9521	9521	6 (l) Except as provided in subsection (i), all licenses
9522	9522	7 granted under this Section shall expire by operation of law on
9523	9523	8 December 31st of the calendar year for which the licenses were
9524	9524	9 granted, unless sooner revoked or canceled under subsection
9525	9525	10 (f).
9526	9526	11 (m) Each person licensed as a manufactured home dealer is
9527	9527	12 required to furnish each purchaser of a manufactured home:
9528	9528	13 (1) in the case of a new manufactured home, a
9529	9529	14 manufacturer's statement of origin, and in the case of a
9530	9530	15 previously owned manufactured home, a certificate of
9531	9531	16 title, in either case properly assigned to the purchaser;
9532	9532	17 (2) a statement verified under oath that all
9533	9533	18 identifying numbers on the vehicle match the identifying
9534	9534	19 numbers on the certificate of title or manufacturer's
9535	9535	20 statement of origin;
9536	9536	21 (3) a bill of sale properly executed on behalf of the
9537	9537	22 purchaser; and
9538	9538	23 (4) for a new manufactured home, a warranty, and in
9539	9539	24 the case of a manufactured home for which the warranty has
9540	9540	25 been reinstated, a copy of the warranty; if no warranty is
9541	9541	26 provided, a disclosure or statement that the manufactured
9542	9542
9543	9543
9544	9544
9545	9545
9546	9546
9547	9547	HB3575 - 266 - LRB103 29826 RLC 56234 b
9548	9548
9549	9549
9550	9550	HB3575- 267 -LRB103 29826 RLC 56234 b HB3575 - 267 - LRB103 29826 RLC 56234 b
9551	9551	HB3575 - 267 - LRB103 29826 RLC 56234 b
9552	9552	1 home is being sold "AS IS".
9553	9553	2 (n) This Section does not apply to a seller who privately
9554	9554	3 owns his or her manufactured home as his or her main residence
9555	9555	4 and is selling the manufactured home to another individual or
9556	9556	5 to a licensee so long as that individual does not sell more
9557	9557	6 than 2 manufactured homes in one 12-month period.
9558	9558	7 (o) This Section does not apply to any person licensed
9559	9559	8 under the Real Estate License Act of 2000.
9560	9560	9 (p) The Secretary of State may adopt any rules necessary
9561	9561	10 to implement this Section.
9562	9562	11 (q) Any individual or entity licensed as a manufactured
9563	9563	12 home dealer or a community-based manufactured home dealer on
9564	9564	13 the effective date of this Section shall be entitled to act as
9565	9565	14 a manufactured home dealer under this Section for the duration
9566	9566	15 of any license in effect on the effective date of this
9567	9567	16 amendatory Act of the 102nd General Assembly, and shall be
9568	9568	17 eligible to be issued a manufactured home dealer's license
9569	9569	18 under this Section upon the expiration of any such license.
9570	9570	19 (Source: P.A. 102-941, eff. 7-1-22.)
9571	9571	20 (625 ILCS 5/6-121)
9572	9572	21 Sec. 6-121. Issuance of confidential drivers' licenses.
9573	9573	22 (a) Requirements for use of confidential drivers'
9574	9574	23 licenses. Confidential drivers' licenses may be issued to
9575	9575	24 local, state, and federal government agencies for bona fide
9576	9576	25 law enforcement purposes. The drivers' licenses may be issued
9577	9577
9578	9578
9579	9579
9580	9580
9581	9581
9582	9582	HB3575 - 267 - LRB103 29826 RLC 56234 b
9583	9583
9584	9584
9585	9585	HB3575- 268 -LRB103 29826 RLC 56234 b HB3575 - 268 - LRB103 29826 RLC 56234 b
9586	9586	HB3575 - 268 - LRB103 29826 RLC 56234 b
9587	9587	1 with fictitious names and addresses, and may be used only for
9588	9588	2 confidential, investigative, or undercover law enforcement
9589	9589	3 operations. Confidential drivers' licenses may be issued as
9590	9590	4 REAL ID compliant or non-compliant driver's licenses.
9591	9591	5 (b) Application procedures for confidential drivers'
9592	9592	6 licenses:
9593	9593	7 (1) Applications by local, state, and federal
9594	9594	8 government agencies for confidential drivers' licenses
9595	9595	9 must be made to the Secretary of State Police Department
9596	9596	10 on a form and in a manner prescribed by the Secretary of
9597	9597	11 State Police Department.
9598	9598	12 (2) The application form must include information, as
9599	9599	13 specific as possible without compromising investigations
9600	9600	14 or techniques, setting forth the need for the drivers'
9601	9601	15 licenses and the uses to which the licenses will be
9602	9602	16 limited.
9603	9603	17 (3) The application form must be signed and verified
9604	9604	18 by the local, state, or federal government agency head or
9605	9605	19 designee.
9606	9606	20 (4) Registration information maintained by the
9607	9607	21 Secretary of State Police Department for confidential
9608	9608	22 drivers' licenses must show the fictitious names and
9609	9609	23 addresses on all records subject to public disclosure. All
9610	9610	24 other information concerning these confidential drivers'
9611	9611	25 licenses are exempt from disclosure unless the disclosure
9612	9612	26 is ordered by a court of competent jurisdiction.
9613	9613
9614	9614
9615	9615
9616	9616
9617	9617
9618	9618	HB3575 - 268 - LRB103 29826 RLC 56234 b
9619	9619
9620	9620
9621	9621	HB3575- 269 -LRB103 29826 RLC 56234 b HB3575 - 269 - LRB103 29826 RLC 56234 b
9622	9622	HB3575 - 269 - LRB103 29826 RLC 56234 b
9623	9623	1 (c) Revocation and cancellation procedures for
9624	9624	2 confidential drivers' licenses:
9625	9625	3 (1) The Secretary of State Police Department may
9626	9626	4 revoke or refuse to renew confidential drivers' licenses
9627	9627	5 when they have reasonable cause to believe the licenses
9628	9628	6 are being used for purposes other than those set forth in
9629	9629	7 the application form or authorized by this Section.
9630	9630	8 Confidential drivers' licenses may also be revoked where
9631	9631	9 traffic violation citations have been issued to the driver
9632	9632	10 and subsequent investigation reveals that the issuance of
9633	9633	11 the citations was unrelated to the purposes for which the
9634	9634	12 confidential driver's license was issued. In such cases,
9635	9635	13 the citations and any resulting court orders, convictions,
9636	9636	14 supervisions or other sanctions must be treated by the
9637	9637	15 Secretary of State as though they were issued in relation
9638	9638	16 to the true driver's license of the individual to whom the
9639	9639	17 confidential driver's license was issued.
9640	9640	18 (2) A government agency must request cancellation of
9641	9641	19 confidential drivers' licenses that are no longer required
9642	9642	20 for the purposes for which they were issued.
9643	9643	21 (3) All revoked confidential drivers' licenses must be
9644	9644	22 promptly returned to the Secretary of State Police
9645	9645	23 Department by the government agency to which they were
9646	9646	24 issued.
9647	9647	25 (Source: P.A. 100-248, eff. 8-22-17.)
9648	9648
9649	9649
9650	9650
9651	9651
9652	9652
9653	9653	HB3575 - 269 - LRB103 29826 RLC 56234 b
9654	9654
9655	9655
9656	9656	HB3575- 270 -LRB103 29826 RLC 56234 b HB3575 - 270 - LRB103 29826 RLC 56234 b
9657	9657	HB3575 - 270 - LRB103 29826 RLC 56234 b
9658	9658	1 (625 ILCS 5/11-501.01)
9659	9659	2 Sec. 11-501.01. Additional administrative sanctions.
9660	9660	3 (a) After a finding of guilt and prior to any final
9661	9661	4 sentencing or an order for supervision, for an offense based
9662	9662	5 upon an arrest for a violation of Section 11-501 or a similar
9663	9663	6 provision of a local ordinance, individuals shall be required
9664	9664	7 to undergo a professional evaluation to determine if an
9665	9665	8 alcohol, drug, or intoxicating compound abuse problem exists
9666	9666	9 and the extent of the problem, and undergo the imposition of
9667	9667	10 treatment as appropriate. Programs conducting these
9668	9668	11 evaluations shall be licensed by the Department of Human
9669	9669	12 Services. The cost of any professional evaluation shall be
9670	9670	13 paid for by the individual required to undergo the
9671	9671	14 professional evaluation.
9672	9672	15 (b) Any person who is found guilty of or pleads guilty to
9673	9673	16 violating Section 11-501, including any person receiving a
9674	9674	17 disposition of court supervision for violating that Section,
9675	9675	18 may be required by the Court to attend a victim impact panel
9676	9676	19 offered by, or under contract with, a county State's
9677	9677	20 Attorney's office, a probation and court services department,
9678	9678	21 Mothers Against Drunk Driving, or the Alliance Against
9679	9679	22 Intoxicated Motorists. All costs generated by the victim
9680	9680	23 impact panel shall be paid from fees collected from the
9681	9681	24 offender or as may be determined by the court.
9682	9682	25 (c) (Blank).
9683	9683	26 (d) The Secretary of State shall revoke the driving
9684	9684
9685	9685
9686	9686
9687	9687
9688	9688
9689	9689	HB3575 - 270 - LRB103 29826 RLC 56234 b
9690	9690
9691	9691
9692	9692	HB3575- 271 -LRB103 29826 RLC 56234 b HB3575 - 271 - LRB103 29826 RLC 56234 b
9693	9693	HB3575 - 271 - LRB103 29826 RLC 56234 b
9694	9694	1 privileges of any person convicted under Section 11-501 or a
9695	9695	2 similar provision of a local ordinance.
9696	9696	3 (e) The Secretary of State shall require the use of
9697	9697	4 ignition interlock devices for a period not less than 5 years
9698	9698	5 on all vehicles owned by a person who has been convicted of a
9699	9699	6 second or subsequent offense of Section 11-501 or a similar
9700	9700	7 provision of a local ordinance. The person must pay to the
9701	9701	8 Secretary of State DUI Administration Fund an amount not to
9702	9702	9 exceed $30 for each month that he or she uses the device. The
9703	9703	10 Secretary shall establish by rule and regulation the
9704	9704	11 procedures for certification and use of the interlock system,
9705	9705	12 the amount of the fee, and the procedures, terms, and
9706	9706	13 conditions relating to these fees. During the time period in
9707	9707	14 which a person is required to install an ignition interlock
9708	9708	15 device under this subsection (e), that person shall only
9709	9709	16 operate vehicles in which ignition interlock devices have been
9710	9710	17 installed, except as allowed by subdivision (c)(5) or (d)(5)
9711	9711	18 of Section 6-205 of this Code.
9712	9712	19 (f) (Blank).
9713	9713	20 (g) The Secretary of State Police DUI Fund is created as a
9714	9714	21 special fund in the State treasury and, subject to
9715	9715	22 appropriation, shall be used for enforcement and prevention of
9716	9716	23 driving while under the influence of alcohol, other drug or
9717	9717	24 drugs, intoxicating compound or compounds or any combination
9718	9718	25 thereof, as defined by Section 11-501 of this Code, including,
9719	9719	26 but not limited to, the purchase of law enforcement equipment
9720	9720
9721	9721
9722	9722
9723	9723
9724	9724
9725	9725	HB3575 - 271 - LRB103 29826 RLC 56234 b
9726	9726
9727	9727
9728	9728	HB3575- 272 -LRB103 29826 RLC 56234 b HB3575 - 272 - LRB103 29826 RLC 56234 b
9729	9729	HB3575 - 272 - LRB103 29826 RLC 56234 b
9730	9730	1 and commodities to assist in the prevention of alcohol-related
9731	9731	2 criminal violence throughout the State; police officer
9732	9732	3 training and education in areas related to alcohol-related
9733	9733	4 crime, including, but not limited to, DUI training; and police
9734	9734	5 officer salaries, including, but not limited to, salaries for
9735	9735	6 hire back funding for safety checkpoints, saturation patrols,
9736	9736	7 and liquor store sting operations.
9737	9737	8 (h) Whenever an individual is sentenced for an offense
9738	9738	9 based upon an arrest for a violation of Section 11-501 or a
9739	9739	10 similar provision of a local ordinance, and the professional
9740	9740	11 evaluation recommends remedial or rehabilitative treatment or
9741	9741	12 education, neither the treatment nor the education shall be
9742	9742	13 the sole disposition and either or both may be imposed only in
9743	9743	14 conjunction with another disposition. The court shall monitor
9744	9744	15 compliance with any remedial education or treatment
9745	9745	16 recommendations contained in the professional evaluation.
9746	9746	17 Programs conducting alcohol or other drug evaluation or
9747	9747	18 remedial education must be licensed by the Department of Human
9748	9748	19 Services. If the individual is not a resident of Illinois,
9749	9749	20 however, the court may accept an alcohol or other drug
9750	9750	21 evaluation or remedial education program in the individual's
9751	9751	22 state of residence. Programs providing treatment must be
9752	9752	23 licensed under existing applicable alcoholism and drug
9753	9753	24 treatment licensure standards.
9754	9754	25 (i) (Blank).
9755	9755	26 (j) A person that is subject to a chemical test or tests of
9756	9756
9757	9757
9758	9758
9759	9759
9760	9760
9761	9761	HB3575 - 272 - LRB103 29826 RLC 56234 b
9762	9762
9763	9763
9764	9764	HB3575- 273 -LRB103 29826 RLC 56234 b HB3575 - 273 - LRB103 29826 RLC 56234 b
9765	9765	HB3575 - 273 - LRB103 29826 RLC 56234 b
9766	9766	1 blood under subsection (a) of Section 11-501.1 or subdivision
9767	9767	2 (c)(2) of Section 11-501.2 of this Code, whether or not that
9768	9768	3 person consents to testing, shall be liable for the expense up
9769	9769	4 to $500 for blood withdrawal by a physician authorized to
9770	9770	5 practice medicine, a licensed physician assistant, a licensed
9771	9771	6 advanced practice registered nurse, a registered nurse, a
9772	9772	7 trained phlebotomist, a licensed paramedic, or a qualified
9773	9773	8 person other than a police officer approved by the Illinois
9774	9774	9 State Police to withdraw blood, who responds, whether at a law
9775	9775	10 enforcement facility or a health care facility, to a police
9776	9776	11 department request for the drawing of blood based upon refusal
9777	9777	12 of the person to submit to a lawfully requested breath test or
9778	9778	13 probable cause exists to believe the test would disclose the
9779	9779	14 ingestion, consumption, or use of drugs or intoxicating
9780	9780	15 compounds if:
9781	9781	16 (1) the person is found guilty of violating Section
9782	9782	17 11-501 of this Code or a similar provision of a local
9783	9783	18 ordinance; or
9784	9784	19 (2) the person pleads guilty to or stipulates to facts
9785	9785	20 supporting a violation of Section 11-503 of this Code or a
9786	9786	21 similar provision of a local ordinance when the plea or
9787	9787	22 stipulation was the result of a plea agreement in which
9788	9788	23 the person was originally charged with violating Section
9789	9789	24 11-501 of this Code or a similar local ordinance.
9790	9790	25 (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
9791	9791
9792	9792
9793	9793
9794	9794
9795	9795
9796	9796	HB3575 - 273 - LRB103 29826 RLC 56234 b
9797	9797
9798	9798
9799	9799	HB3575- 274 -LRB103 29826 RLC 56234 b HB3575 - 274 - LRB103 29826 RLC 56234 b
9800	9800	HB3575 - 274 - LRB103 29826 RLC 56234 b
9801	9801	1 (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
9802	9802	2 Sec. 11-1301.3. Unauthorized use of parking places
9803	9803	3 reserved for persons with disabilities.
9804	9804	4 (a) It shall be prohibited to park any motor vehicle which
9805	9805	5 is not properly displaying registration plates or decals
9806	9806	6 issued to a person with disabilities, as defined by Section
9807	9807	7 1-159.1, pursuant to Sections 3-616, 11-1301.1 or 11-1301.2,
9808	9808	8 or to a veteran with a disability pursuant to Section 3-609 of
9809	9809	9 this Act, as evidence that the vehicle is operated by or for a
9810	9810	10 person with disabilities or a veteran with a disability, in
9811	9811	11 any parking place, including any private or public offstreet
9812	9812	12 parking facility, specifically reserved, by the posting of an
9813	9813	13 official sign as designated under Section 11-301, for motor
9814	9814	14 vehicles displaying such registration plates. It shall be
9815	9815	15 prohibited to park any motor vehicle in a designated access
9816	9816	16 aisle adjacent to any parking place specifically reserved for
9817	9817	17 persons with disabilities, by the posting of an official sign
9818	9818	18 as designated under Section 11-301, for motor vehicles
9819	9819	19 displaying such registration plates. When using the parking
9820	9820	20 privileges for persons with disabilities, the parking decal or
9821	9821	21 device must be displayed properly in the vehicle where it is
9822	9822	22 clearly visible to law enforcement personnel, either hanging
9823	9823	23 from the rearview mirror or placed on the dashboard of the
9824	9824	24 vehicle in clear view. Disability license plates and parking
9825	9825	25 decals and devices are not transferable from person to person.
9826	9826	26 Proper usage of the disability license plate or parking decal
9827	9827
9828	9828
9829	9829
9830	9830
9831	9831
9832	9832	HB3575 - 274 - LRB103 29826 RLC 56234 b
9833	9833
9834	9834
9835	9835	HB3575- 275 -LRB103 29826 RLC 56234 b HB3575 - 275 - LRB103 29826 RLC 56234 b
9836	9836	HB3575 - 275 - LRB103 29826 RLC 56234 b
9837	9837	1 or device requires the authorized holder to be present and
9838	9838	2 enter or exit the vehicle at the time the parking privileges
9839	9839	3 are being used. It is a violation of this Section to park in a
9840	9840	4 space reserved for a person with disabilities if the
9841	9841	5 authorized holder of the disability license plate or parking
9842	9842	6 decal or device does not enter or exit the vehicle at the time
9843	9843	7 the parking privileges are being used. Any motor vehicle
9844	9844	8 properly displaying a disability license plate or a parking
9845	9845	9 decal or device containing the International symbol of access
9846	9846	10 issued to persons with disabilities by any local authority,
9847	9847	11 state, district, territory or foreign country shall be
9848	9848	12 recognized by State and local authorities as a valid license
9849	9849	13 plate or device and receive the same parking privileges as
9850	9850	14 residents of this State.
9851	9851	15 (a-1) An individual with a vehicle displaying disability
9852	9852	16 license plates or a parking decal or device issued to a
9853	9853	17 qualified person with a disability under Sections 3-616,
9854	9854	18 11-1301.1, or 11-1301.2 or to a veteran with a disability
9855	9855	19 under Section 3-609 is in violation of this Section if (i) the
9856	9856	20 person using the disability license plate or parking decal or
9857	9857	21 device is not the authorized holder of the disability license
9858	9858	22 plate or parking decal or device or is not transporting the
9859	9859	23 authorized holder of the disability license plate or parking
9860	9860	24 decal or device to or from the parking location and (ii) the
9861	9861	25 person uses the disability license plate or parking decal or
9862	9862	26 device to exercise any privileges granted through the
9863	9863
9864	9864
9865	9865
9866	9866
9867	9867
9868	9868	HB3575 - 275 - LRB103 29826 RLC 56234 b
9869	9869
9870	9870
9871	9871	HB3575- 276 -LRB103 29826 RLC 56234 b HB3575 - 276 - LRB103 29826 RLC 56234 b
9872	9872	HB3575 - 276 - LRB103 29826 RLC 56234 b
9873	9873	1 disability license plate or parking decals or devices under
9874	9874	2 this Code.
9875	9875	3 (a-2) A driver of a vehicle displaying disability license
9876	9876	4 plates or a parking decal or device issued to a qualified
9877	9877	5 person with a disability under Section 3-616, 11-1301.1, or
9878	9878	6 11-1301.2 or to a veteran with a disability under Section
9879	9879	7 3-609 is in violation of this Section if (i) the person to whom
9880	9880	8 the disability license plate or parking decal or device was
9881	9881	9 issued is deceased and (ii) the driver uses the disability
9882	9882	10 license plate or parking decal or device to exercise any
9883	9883	11 privileges granted through a disability license plate or
9884	9884	12 parking decal or device under this Code.
9885	9885	13 (b) Any person or local authority owning or operating any
9886	9886	14 public or private offstreet parking facility may, after
9887	9887	15 notifying the police or sheriff's department, remove or cause
9888	9888	16 to be removed to the nearest garage or other place of safety
9889	9889	17 any vehicle parked within a stall or space reserved for use by
9890	9890	18 a person with disabilities which does not display person with
9891	9891	19 disabilities registration plates or a special decal or device
9892	9892	20 as required under this Section.
9893	9893	21 (c) Any person found guilty of violating the provisions of
9894	9894	22 subsection (a) shall be fined $250 in addition to any costs or
9895	9895	23 charges connected with the removal or storage of any motor
9896	9896	24 vehicle authorized under this Section; but municipalities by
9897	9897	25 ordinance may impose a fine up to $350 and shall display signs
9898	9898	26 indicating the fine imposed. If the amount of the fine is
9899	9899
9900	9900
9901	9901
9902	9902
9903	9903
9904	9904	HB3575 - 276 - LRB103 29826 RLC 56234 b
9905	9905
9906	9906
9907	9907	HB3575- 277 -LRB103 29826 RLC 56234 b HB3575 - 277 - LRB103 29826 RLC 56234 b
9908	9908	HB3575 - 277 - LRB103 29826 RLC 56234 b
9909	9909	1 subsequently changed, the municipality shall change the sign
9910	9910	2 to indicate the current amount of the fine. It shall not be a
9911	9911	3 defense to a charge under this Section that either the sign
9912	9912	4 posted pursuant to this Section or the intended accessible
9913	9913	5 parking place does not comply with the technical requirements
9914	9914	6 of Section 11-301, Department regulations, or local ordinance
9915	9915	7 if a reasonable person would be made aware by the sign or
9916	9916	8 notice on or near the parking place that the place is reserved
9917	9917	9 for a person with disabilities.
9918	9918	10 (c-1) Any person found guilty of violating the provisions
9919	9919	11 of subsection (a-1) a first time shall be fined $600. Any
9920	9920	12 person found guilty of violating subsection (a-1) a second or
9921	9921	13 subsequent time shall be fined $1,000. Any person who violates
9922	9922	14 subsection (a-2) is guilty of a Class A misdemeanor and shall
9923	9923	15 be fined $2,500. The circuit clerk shall distribute 50% of the
9924	9924	16 fine imposed on any person who is found guilty of or pleads
9925	9925	17 guilty to violating this Section, including any person placed
9926	9926	18 on court supervision for violating this Section, to the law
9927	9927	19 enforcement agency that issued the citation or made the
9928	9928	20 arrest. If more than one law enforcement agency is responsible
9929	9929	21 for issuing the citation or making the arrest, the 50% of the
9930	9930	22 fine imposed shall be shared equally. If an officer of the
9931	9931	23 Secretary of State Department of Police arrested a person for
9932	9932	24 a violation of this Section, 50% of the fine imposed shall be
9933	9933	25 deposited into the Secretary of State Police Services Fund.
9934	9934	26 (d) Local authorities shall impose fines as established in
9935	9935
9936	9936
9937	9937
9938	9938
9939	9939
9940	9940	HB3575 - 277 - LRB103 29826 RLC 56234 b
9941	9941
9942	9942
9943	9943	HB3575- 278 -LRB103 29826 RLC 56234 b HB3575 - 278 - LRB103 29826 RLC 56234 b
9944	9944	HB3575 - 278 - LRB103 29826 RLC 56234 b
9945	9945	1 subsections (c) and (c-1) for violations of this Section.
9946	9946	2 (e) As used in this Section, "authorized holder" means an
9947	9947	3 individual issued a disability license plate under Section
9948	9948	4 3-616 of this Code, an individual issued a parking decal or
9949	9949	5 device under Section 11-1301.2 of this Code, or an individual
9950	9950	6 issued a license plate for veterans with disabilities under
9951	9951	7 Section 3-609 of this Code.
9952	9952	8 (f) Any person who commits a violation of subsection (a-1)
9953	9953	9 or a similar provision of a local ordinance may have his or her
9954	9954	10 driving privileges suspended or revoked by the Secretary of
9955	9955	11 State for a period of time determined by the Secretary of
9956	9956	12 State. Any person who commits a violation of subsection (a-2)
9957	9957	13 or a similar provision of a local ordinance shall have his or
9958	9958	14 her driving privileges revoked by the Secretary of State. The
9959	9959	15 Secretary of State may also suspend or revoke the disability
9960	9960	16 license plates or parking decal or device for a period of time
9961	9961	17 determined by the Secretary of State.
9962	9962	18 (g) Any police officer may seize the parking decal or
9963	9963	19 device from any person who commits a violation of this
9964	9964	20 Section. Any police officer may seize the disability license
9965	9965	21 plate upon authorization from the Secretary of State. Any
9966	9966	22 police officer may request that the Secretary of State revoke
9967	9967	23 the parking decal or device or the disability license plate of
9968	9968	24 any person who commits a violation of this Section.
9969	9969	25 (Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
9970	9970
9971	9971
9972	9972
9973	9973
9974	9974
9975	9975	HB3575 - 278 - LRB103 29826 RLC 56234 b
9976	9976
9977	9977
9978	9978	HB3575- 279 -LRB103 29826 RLC 56234 b HB3575 - 279 - LRB103 29826 RLC 56234 b
9979	9979	HB3575 - 279 - LRB103 29826 RLC 56234 b
9980	9980	1 (625 ILCS 5/18a-101) (from Ch. 95 1/2, par. 18a-101)
9981	9981	2 Sec. 18a-101. Declaration of policy and delegation of
9982	9982	3 jurisdiction. It is hereby declared to be the policy of the
9983	9983	4 State of Illinois to supervise and regulate the commercial
9984	9984	5 removal of trespassing vehicles from private property, and the
9985	9985	6 subsequent relocation and storage of such vehicles in such
9986	9986	7 manner as to fairly distribute rights and responsibilities
9987	9987	8 among vehicle owners, private property owners and commercial
9988	9988	9 vehicle relocators, and for this purpose the power and
9989	9989	10 authority to administer and to enforce the provisions of this
9990	9990	11 Chapter shall be vested in the Illinois Commerce Commission,
9991	9991	12 in cooperation with the Illinois State Police.
9992	9992	13 (Source: P.A. 80-1459.)
9993	9993	14 (625 ILCS 5/18a-101.5 new)
9994	9994	15 Sec. 18a-101.5. Police enforcement granted to the Illinois
9995	9995	16 State Police. The enforcement and investigatory functions
9996	9996	17 under this Chapter granted to the Illinois Commerce Commission
9997	9997	18 Police Force, which is abolished on and after the effective
9998	9998	19 date of this amendatory Act of the 103rd General Assembly,
9999	9999	20 shall be transferred to the Illinois State Police. The
10000	10000	21 Illinois Commerce Commission shall cooperate with the Illinois
10001	10001	22 State Police for this purpose.
10002	10002	23 (625 ILCS 5/18a-200) (from Ch. 95 1/2, par. 18a-200)
10003	10003	24 Sec. 18a-200. General powers and duties of Commission. The
10004	10004
10005	10005
10006	10006
10007	10007
10008	10008
10009	10009	HB3575 - 279 - LRB103 29826 RLC 56234 b
10010	10010
10011	10011
10012	10012	HB3575- 280 -LRB103 29826 RLC 56234 b HB3575 - 280 - LRB103 29826 RLC 56234 b
10013	10013	HB3575 - 280 - LRB103 29826 RLC 56234 b
10014	10014	1 CommissionCommission, in cooperation with the Illinois State
10015	10015	2 Police, shall:
10016	10016	3 (1) Regulate commercial vehicle relocators and their
10017	10017	4 employees or agents in accordance with this Chapter and to
10018	10018	5 that end may establish reasonable requirements with respect to
10019	10019	6 proper service and practices relating thereto;
10020	10020	7 (2) Require the maintenance of uniform systems of
10021	10021	8 accounts, records and the preservation thereof;
10022	10022	9 (3) Require that all drivers and other personnel used in
10023	10023	10 relocation be employees of a licensed relocator;
10024	10024	11 (4) Regulate equipment leasing to and by relocators;
10025	10025	12 (5) Adopt reasonable and proper rules covering the
10026	10026	13 exercise of powers conferred upon it by this Chapter, and
10027	10027	14 reasonable rules governing investigations, hearings and
10028	10028	15 proceedings under this Chapter;
10029	10029	16 (6) Set reasonable rates for the commercial towing or
10030	10030	17 removal of trespassing vehicles from private property. The
10031	10031	18 rates shall not exceed the mean average of the 5 highest rates
10032	10032	19 for police tows within the territory to which this Chapter
10033	10033	20 applies that are performed under Sections 4-201 and 4-214 of
10034	10034	21 this Code and that are of record at hearing; provided that the
10035	10035	22 Commission shall not re-calculate the maximum specified herein
10036	10036	23 if the order containing the previous calculation was entered
10037	10037	24 within one calendar year of the date on which the new order is
10038	10038	25 entered. Set reasonable rates for the storage, for periods in
10039	10039	26 excess of 24 hours, of the vehicles in connection with the
10040	10040
10041	10041
10042	10042
10043	10043
10044	10044
10045	10045	HB3575 - 280 - LRB103 29826 RLC 56234 b
10046	10046
10047	10047
10048	10048	HB3575- 281 -LRB103 29826 RLC 56234 b HB3575 - 281 - LRB103 29826 RLC 56234 b
10049	10049	HB3575 - 281 - LRB103 29826 RLC 56234 b
10050	10050	1 towing or removal; however, no relocator shall impose charges
10051	10051	2 for storage for the first 24 hours after towing or removal. Set
10052	10052	3 reasonable rates for other services provided by relocators,
10053	10053	4 provided that the rates shall not be charged to the owner or
10054	10054	5 operator of a relocated vehicle. Any fee charged by a
10055	10055	6 relocator for the use of a credit card that is used to pay for
10056	10056	7 any service rendered by the relocator shall be included in the
10057	10057	8 total amount that shall not exceed the maximum reasonable rate
10058	10058	9 established by the Commission. The Commission shall require a
10059	10059	10 relocator to refund any amount charged in excess of the
10060	10060	11 reasonable rate established by the Commission, including any
10061	10061	12 fee for the use of a credit card;
10062	10062	13 (7) Investigate and maintain current files of the criminal
10063	10063	14 records, if any, of all relocators and their employees and of
10064	10064	15 all applicants for relocator's license, operator's licenses
10065	10065	16 and dispatcher's licenses. If the Commission determines that
10066	10066	17 an applicant for a license issued under this Chapter will be
10067	10067	18 subjected to a criminal history records check, the applicant
10068	10068	19 shall submit his or her fingerprints to the Illinois State
10069	10069	20 Police in the form and manner prescribed by the Illinois State
10070	10070	21 Police. These fingerprints shall be checked against the
10071	10071	22 Illinois State Police and Federal Bureau of Investigation
10072	10072	23 criminal history record information databases now and
10073	10073	24 hereafter filed. The Illinois State Police shall charge the
10074	10074	25 applicant a fee for conducting the criminal history records
10075	10075	26 check, which shall be deposited in the State Police Services
10076	10076
10077	10077
10078	10078
10079	10079
10080	10080
10081	10081	HB3575 - 281 - LRB103 29826 RLC 56234 b
10082	10082
10083	10083
10084	10084	HB3575- 282 -LRB103 29826 RLC 56234 b HB3575 - 282 - LRB103 29826 RLC 56234 b
10085	10085	HB3575 - 282 - LRB103 29826 RLC 56234 b
10086	10086	1 Fund and shall not exceed the actual cost of the records check.
10087	10087	2 The Illinois State Police shall furnish pursuant to positive
10088	10088	3 identification, records of conviction to the Commission;
10089	10089	4 (8) Issue relocator's licenses, dispatcher's employment
10090	10090	5 permits, and operator's employment permits in accordance with
10091	10091	6 Article IV of this Chapter;
10092	10092	7 (9) Establish fitness standards for applicants seeking
10093	10093	8 relocator licensees and holders of relocator licenses;
10094	10094	9 (10) Upon verified complaint in writing by any person,
10095	10095	10 organization or body politic, or upon its own initiative may,
10096	10096	11 investigate whether any commercial vehicle relocator,
10097	10097	12 operator, dispatcher, or person otherwise required to comply
10098	10098	13 with any provision of this Chapter or any rule promulgated
10099	10099	14 hereunder, has failed to comply with any provision or rule;
10100	10100	15 (11) Whenever the Commission receives notice from the
10101	10101	16 Secretary of State that any domestic or foreign corporation
10102	10102	17 regulated under this Chapter has not paid a franchise tax,
10103	10103	18 license fee or penalty required under the Business Corporation
10104	10104	19 Act of 1983, institute proceedings for the revocation of the
10105	10105	20 license or right to engage in any business required under this
10106	10106	21 Chapter or the suspension thereof until such time as the
10107	10107	22 delinquent franchise tax, license fee or penalty is paid.
10108	10108	23 (Source: P.A. 102-538, eff. 8-20-21.)
10109	10109	24 (625 ILCS 5/18c-1104) (from Ch. 95 1/2, par. 18c-1104)
10110	10110	25 Sec. 18c-1104. Definitions. The following terms, when used
10111	10111
10112	10112
10113	10113
10114	10114
10115	10115
10116	10116	HB3575 - 282 - LRB103 29826 RLC 56234 b
10117	10117
10118	10118
10119	10119	HB3575- 283 -LRB103 29826 RLC 56234 b HB3575 - 283 - LRB103 29826 RLC 56234 b
10120	10120	HB3575 - 283 - LRB103 29826 RLC 56234 b
10121	10121	1 in this Chapter, have the hereinafter designated meanings
10122	10122	2 unless their context clearly indicates otherwise:
10123	10123	3 (1) "Broker" means any person other than a motor carrier
10124	10124	4 of property, that arranges, offers to arrange, or holds itself
10125	10125	5 out, by solicitation, advertisement, or otherwise, as
10126	10126	6 arranging or offering to arrange for-hire transportation of
10127	10127	7 property or other service in connection therewith by a motor
10128	10128	8 carrier of property which holds or is required to hold a
10129	10129	9 license issued by the Commission.
10130	10130	10 (2) "Carrier" means any motor carrier or rail carrier
10131	10131	11 other than a private carrier.
10132	10132	12 (3) "Certificate" means a certificate of public
10133	10133	13 convenience and necessity issued under this Chapter to common
10134	10134	14 carriers of household goods.
10135	10135	15 (4) "Commission" means the Illinois Commerce Commission.
10136	10136	16 (5) "Commission regulations and orders" means rules and
10137	10137	17 regulations adopted and orders or decisions issued by the
10138	10138	18 Commission pursuant to this Chapter; any certificate, permit,
10139	10139	19 broker's license or other license or registration issued
10140	10140	20 pursuant to such rules, regulations, orders and decisions; and
10141	10141	21 all terms, conditions, or limitations thereof.
10142	10142	22 (6) (Blank).
10143	10143	23 (7) (Blank).
10144	10144	24 (8) (Blank).
10145	10145	25 (8.5) "Department" means the Illinois State Police.
10146	10146	26 (9) "Discrimination" means undue discrimination in the
10147	10147
10148	10148
10149	10149
10150	10150
10151	10151
10152	10152	HB3575 - 283 - LRB103 29826 RLC 56234 b
10153	10153
10154	10154
10155	10155	HB3575- 284 -LRB103 29826 RLC 56234 b HB3575 - 284 - LRB103 29826 RLC 56234 b
10156	10156	HB3575 - 284 - LRB103 29826 RLC 56234 b
10157	10157	1 context of the particular mode of transportation involved.
10158	10158	2 (10) "Farm crossing" means a crossing used for
10159	10159	3 agricultural and livestock purposes only.
10160	10160	4 (11) "For-hire" means for compensation or hire, regardless
10161	10161	5 of the form of compensation and whether compensation is direct
10162	10162	6 or indirect.
10163	10163	7 (12) "Freight forwarder" means any person other than a
10164	10164	8 motor carrier, rail carrier, or common carrier by pipeline
10165	10165	9 which holds itself out as a common carrier to provide
10166	10166	10 transportation of property, for compensation or hire, which,
10167	10167	11 in the rendition of its services:
10168	10168	12 (a) Undertakes responsibility for the consolidation
10169	10169	13 (where applicable), transportation, break-bulk (where
10170	10170	14 applicable), and distribution of such property from the
10171	10171	15 point of receipt to the point of delivery; and
10172	10172	16 (b) Utilizes, for the transportation of such property,
10173	10173	17 the services of one or more motor carriers or rail
10174	10174	18 carriers.
10175	10175	19 (13) "Hazardous material" means any substance or material
10176	10176	20 in a quantity and form determined by the federal Office of
10177	10177	21 Hazardous Materials and the Federal Railroad Administration to
10178	10178	22 be capable of posing an unreasonable risk to health, safety,
10179	10179	23 or property when transported in commerce.
10180	10180	24 (13.1) "Household goods" means:
10181	10181	25 (A) Personal effects and property used or to be used
10182	10182	26 in a dwelling when a part of the equipment or supply of
10183	10183
10184	10184
10185	10185
10186	10186
10187	10187
10188	10188	HB3575 - 284 - LRB103 29826 RLC 56234 b
10189	10189
10190	10190
10191	10191	HB3575- 285 -LRB103 29826 RLC 56234 b HB3575 - 285 - LRB103 29826 RLC 56234 b
10192	10192	HB3575 - 285 - LRB103 29826 RLC 56234 b
10193	10193	1 such dwelling; except that this subdivision (13.1) shall
10194	10194	2 not be construed to include property moving from a factory
10195	10195	3 or store, except such property as the householder has
10196	10196	4 purchased with intent to use in his or her dwelling and
10197	10197	5 that is transported at the request of, and the
10198	10198	6 transportation charges paid to the carrier by, the
10199	10199	7 householder;
10200	10200	8 (B) Furniture, fixtures, equipment, and the property
10201	10201	9 of stores, offices, museums, institutions, hospitals, or
10202	10202	10 other establishments, when a part of the stock, equipment,
10203	10203	11 or supply of such stores, offices, museums, institutions,
10204	10204	12 hospitals, or other establishments; except that this
10205	10205	13 subdivision (13.1) shall not be construed to include the
10206	10206	14 stock-in-trade of any establishment, whether consignor or
10207	10207	15 consignee, other than used furniture and used fixtures,
10208	10208	16 except when transported as an incident to the moving of
10209	10209	17 the establishment, or a portion thereof, from one location
10210	10210	18 to another; and
10211	10211	19 (C) Articles, including, but not limited to, objects
10212	10212	20 of art, displays, and exhibits, which, because of their
10213	10213	21 unusual nature or value, require the specialized handling
10214	10214	22 and equipment usually employed in moving household goods;
10215	10215	23 except that this subdivision (13.1) shall not be construed
10216	10216	24 to include any article, whether crated or uncrated, that
10217	10217	25 does not, because of its unusual nature or value, require
10218	10218	26 the specialized handling and equipment usually employed in
10219	10219
10220	10220
10221	10221
10222	10222
10223	10223
10224	10224	HB3575 - 285 - LRB103 29826 RLC 56234 b
10225	10225
10226	10226
10227	10227	HB3575- 286 -LRB103 29826 RLC 56234 b HB3575 - 286 - LRB103 29826 RLC 56234 b
10228	10228	HB3575 - 286 - LRB103 29826 RLC 56234 b
10229	10229	1 moving household goods.
10230	10230	2 (13.2) "Household goods carrier" means a motor carrier of
10231	10231	3 property authorized to transport household goods.
10232	10232	4 (13.3) "Household goods common carrier" means any
10233	10233	5 household goods carrier engaged in transportation for the
10234	10234	6 general public over regular or irregular routes. Household
10235	10235	7 goods common carriers may also be referred to as "common
10236	10236	8 carriers of household goods".
10237	10237	9 (13.4) "Household goods contract carrier" means any
10238	10238	10 household goods carrier engaged in transportation under
10239	10239	11 contract with a limited number of shippers (that shall not be
10240	10240	12 freight forwarders, shippers' agents or brokers) that either
10241	10241	13 (a) assigns motor vehicles for a continuing period of time to
10242	10242	14 the exclusive use of the shipper or shippers served, or (b)
10243	10243	15 furnishes transportation service designed to meet the distinct
10244	10244	16 need of the shipper or shippers served. Household goods
10245	10245	17 contract carriers may also be referred to as "contract
10246	10246	18 carriers of household goods".
10247	10247	19 (14) "Interstate carrier" means any person engaged in the
10248	10248	20 for-hire transportation of persons or property in interstate
10249	10249	21 or foreign commerce in this State, whether or not such
10250	10250	22 transportation is pursuant to authority issued to it by the
10251	10251	23 Interstate Commerce Commission.
10252	10252	24 (15) "Intrastate carrier" means any person engaged in the
10253	10253	25 for-hire transportation of persons or property in intrastate
10254	10254	26 commerce in this State.
10255	10255
10256	10256
10257	10257
10258	10258
10259	10259
10260	10260	HB3575 - 286 - LRB103 29826 RLC 56234 b
10261	10261
10262	10262
10263	10263	HB3575- 287 -LRB103 29826 RLC 56234 b HB3575 - 287 - LRB103 29826 RLC 56234 b
10264	10264	HB3575 - 287 - LRB103 29826 RLC 56234 b
10265	10265	1 (16) "Interstate commerce" means commerce between a point
10266	10266	2 in the State of Illinois and a point outside the State of
10267	10267	3 Illinois, or between points outside the State of Illinois when
10268	10268	4 such commerce moves through Illinois, or between points in
10269	10269	5 Illinois moving through another state in a bona fide operation
10270	10270	6 that is either exempt from federal regulation or moves under a
10271	10271	7 certificate or permit issued by the Interstate Commerce
10272	10272	8 Commission authorizing interstate transportation, whether such
10273	10273	9 commerce moves wholly by motor vehicle or partly by motor
10274	10274	10 vehicle and partly by any other regulated means of
10275	10275	11 transportation where the commodity does not come to rest or
10276	10276	12 change its identity during the movement, and includes commerce
10277	10277	13 originating or terminating in a foreign country moving through
10278	10278	14 the State of Illinois.
10279	10279	15 (17) "Intrastate commerce" means commerce moving wholly
10280	10280	16 between points within the State of Illinois, whether such
10281	10281	17 commerce moves wholly by one transportation mode or partly by
10282	10282	18 one mode and partly by any other mode of transportation.
10283	10283	19 (18) "License" means any certificate, permit, broker's
10284	10284	20 license, or other license issued under this Chapter. For
10285	10285	21 purposes of Article III of Sub-chapter 4 of this Chapter,
10286	10286	22 "license" does not include a "public carrier certificate".
10287	10287	23 (19) "Motor carrier" means any person engaged in the
10288	10288	24 transportation of property or passengers, or both, for hire,
10289	10289	25 over the public roads of this State, by motor vehicle. Motor
10290	10290	26 carriers engaged in the transportation of property are
10291	10291
10292	10292
10293	10293
10294	10294
10295	10295
10296	10296	HB3575 - 287 - LRB103 29826 RLC 56234 b
10297	10297
10298	10298
10299	10299	HB3575- 288 -LRB103 29826 RLC 56234 b HB3575 - 288 - LRB103 29826 RLC 56234 b
10300	10300	HB3575 - 288 - LRB103 29826 RLC 56234 b
10301	10301	1 referred to as "motor carriers of property"; motor carriers
10302	10302	2 engaged in the transportation of passengers are referred to as
10303	10303	3 "motor carriers of passengers" or "bus companies".
10304	10304	4 (20) "Motor vehicle" means any vehicle, truck,
10305	10305	5 trucktractor, trailer or semitrailer propelled or drawn by
10306	10306	6 mechanical power and used upon the highways of the State in the
10307	10307	7 transportation of property or passengers.
10308	10308	8 (21) "Non-relocation towing" means the:
10309	10309	9 (a) For-hire transportation of vehicles by use of
10310	10310	10 wrecker or towing equipment, other than the removal of
10311	10311	11 trespassing vehicles from private property subject to the
10312	10312	12 provisions of Chapter 18a of this Code, and other than
10313	10313	13 transportation exempted by Section 18c-4102; and
10314	10314	14 (b) For-hire towing of wheeled property other than
10315	10315	15 vehicles.
10316	10316	16 (22) "Notice" means with regard to all proceedings except
10317	10317	17 enforcement proceedings instituted on the motion of the
10318	10318	18 Commission, and except for interstate motor carrier
10319	10319	19 registrations, public notice by publication in the official
10320	10320	20 state newspaper, unless otherwise provided in this Chapter.
10321	10321	21 (23) "Official state newspaper" means the newspaper
10322	10322	22 designated and certified to the Commission annually by the
10323	10323	23 Director of Central Management Services of the State of
10324	10324	24 Illinois, or, if said Director fails to certify to the
10325	10325	25 Commission the name and address of the official newspaper
10326	10326	26 selected by the Director prior to expiration of the previous
10327	10327
10328	10328
10329	10329
10330	10330
10331	10331
10332	10332	HB3575 - 288 - LRB103 29826 RLC 56234 b
10333	10333
10334	10334
10335	10335	HB3575- 289 -LRB103 29826 RLC 56234 b HB3575 - 289 - LRB103 29826 RLC 56234 b
10336	10336	HB3575 - 289 - LRB103 29826 RLC 56234 b
10337	10337	1 certification, the newspaper designated in the most recent
10338	10338	2 certification.
10339	10339	3 (24) "Party" means any person admitted as a party to a
10340	10340	4 Commission proceeding or seeking and entitled as a matter of
10341	10341	5 right to admission as a party to a Commission proceeding.
10342	10342	6 (25) "Permit" means a permit issued under this Chapter to
10343	10343	7 contract carriers of property by motor vehicle.
10344	10344	8 (26) "Person" means any natural person or legal entity,
10345	10345	9 whether such entity is a proprietorship, partnership,
10346	10346	10 corporation, association, or other entity, and, where a
10347	10347	11 provision concerns the acts or omissions of a person, includes
10348	10348	12 the partners, officers, employees, and agents of the person,
10349	10349	13 as well as any trustees, assignees, receivers, or personal
10350	10350	14 representatives of the person.
10351	10351	15 (27) "Private carrier by motor vehicle" means any person
10352	10352	16 engaged in the transportation of property or passengers by
10353	10353	17 motor vehicle other than for hire, whether the person is the
10354	10354	18 owner, lessee or bailee of the lading or otherwise, when the
10355	10355	19 transportation is for the purpose of sale, lease, or bailment
10356	10356	20 and in furtherance of the person's primary business, other
10357	10357	21 than transportation. "Private carriers by motor vehicle" may
10358	10358	22 be referred to as "private carriers". Ownership, lease or
10359	10359	23 bailment of the lading is not sufficient proof of a private
10360	10360	24 carrier operation if the carrier is, in fact, engaged in the
10361	10361	25 transportation of property for-hire.
10362	10362	26 (27.1) "Public carrier" means a motor carrier of property,
10363	10363
10364	10364
10365	10365
10366	10366
10367	10367
10368	10368	HB3575 - 289 - LRB103 29826 RLC 56234 b
10369	10369
10370	10370
10371	10371	HB3575- 290 -LRB103 29826 RLC 56234 b HB3575 - 290 - LRB103 29826 RLC 56234 b
10372	10372	HB3575 - 290 - LRB103 29826 RLC 56234 b
10373	10373	1 other than a household goods carrier.
10374	10374	2 (27.2) "Public carrier certificate" means a certificate
10375	10375	3 issued to a motor carrier to transport property, other than
10376	10376	4 household goods, in intrastate commerce. The issuance of a
10377	10377	5 public carrier certificate shall not be subject to the
10378	10378	6 provisions of Article I of Sub-chapter 2 of this Chapter.
10379	10379	7 (28) "Public convenience and necessity" shall be construed
10380	10380	8 to have the same meaning under this Chapter as it was construed
10381	10381	9 by the courts to have under the Illinois Motor Carrier of
10382	10382	10 Property Law, with respect to motor carriers of property, and
10383	10383	11 the Public Utilities Act with respect to motor carriers of
10384	10384	12 passengers and rail carriers.
10385	10385	13 (29) "Public interest" shall be construed to have the same
10386	10386	14 meaning under this Chapter as it was construed by the courts to
10387	10387	15 have under the Illinois Motor Carrier of Property Law.
10388	10388	16 (30) "Rail carrier" means any person engaged in the
10389	10389	17 transportation of property or passengers for hire by railroad,
10390	10390	18 together with all employees or agents of such person or
10391	10391	19 entity, and all property used, controlled, or owned by such
10392	10392	20 person or entity.
10393	10393	21 (31) "Railroad" means track and associated structures,
10394	10394	22 including bridges, tunnels, switches, spurs, terminals and
10395	10395	23 other facilities, and equipment, including engines, freight
10396	10396	24 cars, passenger cars, cabooses, and other equipment, used in
10397	10397	25 the transportation of property or passengers by rail.
10398	10398	26 (32) "Rail yard" means a system of parallel tracks,
10399	10399
10400	10400
10401	10401
10402	10402
10403	10403
10404	10404	HB3575 - 290 - LRB103 29826 RLC 56234 b
10405	10405
10406	10406
10407	10407	HB3575- 291 -LRB103 29826 RLC 56234 b HB3575 - 291 - LRB103 29826 RLC 56234 b
10408	10408	HB3575 - 291 - LRB103 29826 RLC 56234 b
10409	10409	1 cross-overs and switches where cars are switched and made up
10410	10410	2 into trains, and where cars, locomotives, and other rolling
10411	10411	3 stock are kept when not in use or awaiting repairs. A "rail
10412	10412	4 yard" may also be referred to as a "yard".
10413	10413	5 (33) "Rate" means every individual or joint rate, fare,
10414	10414	6 toll, or charge of any carrier or carriers, any provisions
10415	10415	7 relating to application thereof, and any tariff or schedule
10416	10416	8 containing rates and provisions. The term "tariff" refers to a
10417	10417	9 publication or document containing motor common carrier rates
10418	10418	10 and provisions or rates and provisions applicable via rail
10419	10419	11 carrier under contracts established pursuant to 49 U.S. Code
10420	10420	12 10713. The term "schedule" refers to a publication or document
10421	10421	13 containing motor contract carrier rates and provisions.
10422	10422	14 (34) "Registration" means a registration issued to an
10423	10423	15 interstate carrier.
10424	10424	16 (35) "Shipper" means the consignor or consignee.
10425	10425	17 (36) "Terminal area" means, in addition to the area within
10426	10426	18 the corporate boundary of an incorporated city, village,
10427	10427	19 municipality, or community center, the area (whether
10428	10428	20 incorporated or unincorporated) within 10 air miles of the
10429	10429	21 corporate limits of the base city, village, municipality, or
10430	10430	22 community center, including all of any city, village or
10431	10431	23 municipality which lies within such area.
10432	10432	24 (37) "Transfer" means the sale, lease, consolidation,
10433	10433	25 merger, acquisition or change of control, or other transfer of
10434	10434	26 a license, in whole or in part.
10435	10435
10436	10436
10437	10437
10438	10438
10439	10439
10440	10440	HB3575 - 291 - LRB103 29826 RLC 56234 b
10441	10441
10442	10442
10443	10443	HB3575- 292 -LRB103 29826 RLC 56234 b HB3575 - 292 - LRB103 29826 RLC 56234 b
10444	10444	HB3575 - 292 - LRB103 29826 RLC 56234 b
10445	10445	1 (38) "Transportation" means the actual movement of
10446	10446	2 property or passengers by motor vehicle (without regard to
10447	10447	3 ownership of vehicles or equipment used in providing
10448	10448	4 transportation service) or rail together with loading,
10449	10449	5 unloading, and any other accessorial or ancillary service
10450	10450	6 provided by the carrier in connection with movement by motor
10451	10451	7 vehicle or rail, which is performed by or on behalf of the
10452	10452	8 carriers, its employees or agents, or under the authority or
10453	10453	9 direction of the carrier or under the apparent authority or
10454	10454	10 direction and with the knowledge of the carrier.
10455	10455	11 Transportation of property by motor vehicle includes driveaway
10456	10456	12 or towaway delivery service.
10457	10457	13 (39) "Towing" means the pushing, towing, or drawing of
10458	10458	14 wheeled property by means of a crane, hoist, towbar, towline,
10459	10459	15 or auxiliary axle.
10460	10460	16 (40) "Wrecker or towing equipment" means tow trucks or
10461	10461	17 auxiliary axles, when used in relation to towing accidentally
10462	10462	18 wrecked or disabled vehicles; and roll-back carriers or
10463	10463	19 trailers, when used in relation to transporting accidentally
10464	10464	20 wrecked or disabled vehicles. Wrecker or towing equipment does
10465	10465	21 not include car carriers or trailers other than roll-back car
10466	10466	22 carriers or trailers.
10467	10467	23 (Source: P.A. 89-42, eff. 1-1-96; 89-444, eff. 1-25-96; 90-14,
10468	10468	24 eff. 7-1-97.)
10469	10469	25 (625 ILCS 5/18c-1201.5 new)
10470	10470
10471	10471
10472	10472
10473	10473
10474	10474
10475	10475	HB3575 - 292 - LRB103 29826 RLC 56234 b
10476	10476
10477	10477
10478	10478	HB3575- 293 -LRB103 29826 RLC 56234 b HB3575 - 293 - LRB103 29826 RLC 56234 b
10479	10479	HB3575 - 293 - LRB103 29826 RLC 56234 b
10480	10480	1 Sec. 18c-1201.5. Police enforcement granted to the
10481	10481	2 Illinois State Police. The police enforcement and
10482	10482	3 investigatory functions under this Chapter granted to the
10483	10483	4 Illinois Commerce Commission Police Force, which is abolished
10484	10484	5 on and after the effective date of this amendatory Act of the
10485	10485	6 103rd General Assembly, shall be transferred to the Illinois
10486	10486	7 State Police. The Illinois Commerce Commission shall cooperate
10487	10487	8 with the Illinois State Police for this purpose.
10488	10488	9 (625 ILCS 5/18c-1202) (from Ch. 95 1/2, par. 18c-1202)
10489	10489	10 Sec. 18c-1202. Enumeration of Powers. The Commission, in
10490	10490	11 cooperation with the Department, shall have the power to:
10491	10491	12 (1) Administer and enforce provisions of this Chapter;
10492	10492	13 (2) Regulate the entry, exit, and services of carriers; as
10493	10493	14 to public carriers, this power is limited to matters relating
10494	10494	15 to insurance and safety standards;
10495	10495	16 (3) Regulate rates and practices of household goods
10496	10496	17 carriers, rail carriers, passenger carriers, and common
10497	10497	18 carriers by pipeline;
10498	10498	19 (4) Establish and maintain systems of accounting as well
10499	10499	20 as reporting and record-keeping requirements for household
10500	10500	21 goods carriers, rail carriers, passenger carriers, and common
10501	10501	22 carriers by pipeline;
10502	10502	23 (5) Establish and maintain systems for the classification
10503	10503	24 of carriers, commodities and services;
10504	10504	25 (6) Regulate practices, terms and conditions relating to
10505	10505
10506	10506
10507	10507
10508	10508
10509	10509
10510	10510	HB3575 - 293 - LRB103 29826 RLC 56234 b
10511	10511
10512	10512
10513	10513	HB3575- 294 -LRB103 29826 RLC 56234 b HB3575 - 294 - LRB103 29826 RLC 56234 b
10514	10514	HB3575 - 294 - LRB103 29826 RLC 56234 b
10515	10515	1 the leasing of equipment and to the interchange of equipment
10516	10516	2 among carriers; as to public carriers, this power is limited
10517	10517	3 to matters relating to insurance and safety standards;
10518	10518	4 (7) Protect the public safety through insurance and safety
10519	10519	5 standards;
10520	10520	6 (8) Regulate brokers in accordance with provisions of this
10521	10521	7 Chapter;
10522	10522	8 (9) Adopt appropriate regulations setting forth the
10523	10523	9 standards and procedures by which it will administer and
10524	10524	10 enforce this Chapter, with such regulations being uniform for
10525	10525	11 all modes of transportation or different for the different
10526	10526	12 modes as will, in the opinion of the Commission, best
10527	10527	13 effectuate the purposes of this Chapter;
10528	10528	14 (10) Conduct hearings and investigations, on its own
10529	10529	15 motion or the motion of a person;
10530	10530	16 (11) Adjudicate disputes, hear complaints or other
10531	10531	17 petitions for relief, and settle such matters by stipulation
10532	10532	18 or agreement;
10533	10533	19 (12) Create special procedures for the receipt and
10534	10534	20 handling of consumer complaints;
10535	10535	21 (13) Issue certificates describing the extent to which a
10536	10536	22 person is exempt under the provisions of this Chapter;
10537	10537	23 (14) Construe this Chapter, Commission regulations and
10538	10538	24 orders, except that the rule of ejusdem generis shall not be
10539	10539	25 applicable in the construction or interpretation of any
10540	10540	26 license, certificate or permit originally issued under the
10541	10541
10542	10542
10543	10543
10544	10544
10545	10545
10546	10546	HB3575 - 294 - LRB103 29826 RLC 56234 b
10547	10547
10548	10548
10549	10549	HB3575- 295 -LRB103 29826 RLC 56234 b HB3575 - 295 - LRB103 29826 RLC 56234 b
10550	10550	HB3575 - 295 - LRB103 29826 RLC 56234 b
10551	10551	1 Illinois Motor Carrier of Property Law and now governed by
10552	10552	2 subchapter 4 of this Chapter or issued under subchapter 4 of
10553	10553	3 this Chapter prior to July 1, 1989;
10554	10554	4 (15) Employ such persons as are needed to administer and
10555	10555	5 enforce this Chapter, in such capacities as they are needed,
10556	10556	6 whether as hearings examiners, special examiners, enforcement
10557	10557	7 officers, investigators, or otherwise;
10558	10558	8 (16) Create advisory committees made up of representatives
10559	10559	9 of the various transportation modes, shippers, receivers, or
10560	10560	10 other members of the public;
10561	10561	11 (17) Initiate and participate in proceedings in the
10562	10562	12 federal or State courts, and in proceedings before federal or
10563	10563	13 other State agencies, to the extent necessary to effectuate
10564	10564	14 the purposes of this Chapter, provided that participation in
10565	10565	15 specific proceedings is directed, in writing, by the
10566	10566	16 Commission;
10567	10567	17 (18) Direct any telecommunications carrier to disconnect
10568	10568	18 the telephone number published in any commercial listing of
10569	10569	19 any household goods carrier that does not have a valid license
10570	10570	20 issued by the Commission.
10571	10571	21 (Source: P.A. 89-444, eff. 1-25-96.)
10572	10572	22 (625 ILCS 5/18c-1204) (from Ch. 95 1/2, par. 18c-1204)
10573	10573	23 Sec. 18c-1204. Transportation Division.
10574	10574	24 (1) Establishment. There shall be established within the
10575	10575	25 staff of the Commission a Transportation Division in which
10576	10576
10577	10577
10578	10578
10579	10579
10580	10580
10581	10581	HB3575 - 295 - LRB103 29826 RLC 56234 b
10582	10582
10583	10583
10584	10584	HB3575- 296 -LRB103 29826 RLC 56234 b HB3575 - 296 - LRB103 29826 RLC 56234 b
10585	10585	HB3575 - 296 - LRB103 29826 RLC 56234 b
10586	10586	1 primary staff responsibility for the administration and
10587	10587	2 enforcement of this Chapter and Chapter 18a shall be vested.
10588	10588	3 The Transportation Division shall be headed by a division
10589	10589	4 manager responsible to the executive director.
10590	10590	5 (2) Structure. The Transportation Division shall consist
10591	10591	6 of 4 programs and 2 offices. The 4 programs shall be
10592	10592	7 Compliance, Review and Examination, Docketing and Processing,
10593	10593	8 and Rail Safety. Each program shall be headed by a program
10594	10594	9 director and responsible to the division manager, except that
10595	10595	10 in the Compliance Program the 3 staff supervisors shall each
10596	10596	11 be responsible to the division manager. The 2 offices shall be
10597	10597	12 the Office of Transportation Counsel and the Office of the
10598	10598	13 Division Manager. The Office of Transportation Counsel shall
10599	10599	14 be headed by a Chief Counsel responsible to the Division
10600	10600	15 Manager. The Division Manager shall coordinate the activities
10601	10601	16 and responsibilities of the Office of Transportation Counsel
10602	10602	17 with the executive director and the personal assistant serving
10603	10603	18 as staff counsel to the executive director in the office of the
10604	10604	19 executive director, and with the Commission.
10605	10605	20 (a) The Compliance Program.
10606	10606	21 (i) The Compliance Program shall consist of a
10607	10607	22 police staff, a rate auditing staff, and a civil
10608	10608	23 penalties staff. These staffs shall be headed by a
10609	10609	24 Chief of Police, a Supervisor of Tariffs and Audits,
10610	10610	25 and a Supervisor of Civil Penalties, respectively.
10611	10611	26 (ii) (Blank). The police staff shall be divided
10612	10612
10613	10613
10614	10614
10615	10615
10616	10616
10617	10617	HB3575 - 296 - LRB103 29826 RLC 56234 b
10618	10618
10619	10619
10620	10620	HB3575- 297 -LRB103 29826 RLC 56234 b HB3575 - 297 - LRB103 29826 RLC 56234 b
10621	10621	HB3575 - 297 - LRB103 29826 RLC 56234 b
10622	10622	1 into districts with a field office in each district.
10623	10623	2 Each district shall be headed by a working supervisor
10624	10624	3 responsible to the Chief of Police. All staff
10625	10625	4 responsibility for enforcement of this Chapter, except
10626	10626	5 with regard to rail safety, shall be vested in the
10627	10627	6 Compliance Program.
10628	10628	7 (b) The Review and Examination Program.
10629	10629	8 (i) Staff responsibility for review of all
10630	10630	9 nonhearing matters under this Chapter and Chapter 18a
10631	10631	10 and examination of all matters assigned for hearing
10632	10632	11 under this Chapter and Chapter 18a shall be vested in
10633	10633	12 the Review and Examination Program, except as
10634	10634	13 otherwise provided in Section 18c-1204b.
10635	10635	14 (ii) Hearing examiners in the program shall have
10636	10636	15 responsibility for developing a full, complete and
10637	10637	16 impartial record on all issues to be decided in a
10638	10638	17 proceeding; recommending disposition of the issues or
10639	10639	18 making an initial decision on them, as provided in
10640	10640	19 this Chapter; and setting forth in writing the basis
10641	10641	20 for their recommendations or initial decisions. The
10642	10642	21 program director shall be the chief hearing examiner
10643	10643	22 for matters under this Chapter and Chapter 18a with
10644	10644	23 responsibility to insure consistency of
10645	10645	24 recommendations and initial decisions.
10646	10646	25 (c) The Processing and Docketing Program. All staff
10647	10647	26 responsibility for docketing and processing filings,
10648	10648
10649	10649
10650	10650
10651	10651
10652	10652
10653	10653	HB3575 - 297 - LRB103 29826 RLC 56234 b
10654	10654
10655	10655
10656	10656	HB3575- 298 -LRB103 29826 RLC 56234 b HB3575 - 298 - LRB103 29826 RLC 56234 b
10657	10657	HB3575 - 298 - LRB103 29826 RLC 56234 b
10658	10658	1 accounting of receipts and expenditures, issuing, file
10659	10659	2 maintenance and other processing functions under this
10660	10660	3 Chapter and Chapter 18a shall be vested in the Processing
10661	10661	4 Program.
10662	10662	5 (d) The Rail Safety Program. Staff responsibility for
10663	10663	6 administration and enforcement of the rail safety
10664	10664	7 provisions of this Chapter shall be vested in the Rail
10665	10665	8 Safety Program.
10666	10666	9 (e) The Office of Transportation Counsel.
10667	10667	10 (i) All Commission staff responsibility for
10668	10668	11 provision of legal services in connection with any
10669	10669	12 matter under this Chapter, excepting any matter under
10670	10670	13 subchapters 7 and 8 of this Chapter, or in connection
10671	10671	14 with any matter under Chapter 18a shall, except with
10672	10672	15 regard to functions vested in the review and
10673	10673	16 examination program under paragraph (b) of this
10674	10674	17 subsection, be vested exclusively in the Office of
10675	10675	18 Transportation Counsel.
10676	10676	19 (ii) The Office of Transportation Counsel shall,
10677	10677	20 when directed through the division manager to do so,
10678	10678	21 represent the Commission or Commission staff in
10679	10679	22 administrative or judicial proceedings and render
10680	10680	23 staff advisory opinions to the executive director and
10681	10681	24 the Commission.
10682	10682	25 (f) Levels of Administration. No additional levels of
10683	10683	26 administration, supervision or authority shall be
10684	10684
10685	10685
10686	10686
10687	10687
10688	10688
10689	10689	HB3575 - 298 - LRB103 29826 RLC 56234 b
10690	10690
10691	10691
10692	10692	HB3575- 299 -LRB103 29826 RLC 56234 b HB3575 - 299 - LRB103 29826 RLC 56234 b
10693	10693	HB3575 - 299 - LRB103 29826 RLC 56234 b
10694	10694	1 superimposed, or remain superimposed, between levels
10695	10695	2 prescribed under this Section, and no organizational units
10696	10696	3 may be created within the Transportation Division except
10697	10697	4 as prescribed under this Section.
10698	10698	5 (3) Additional Functions. Staff functions relating to
10699	10699	6 rulemaking, policy recommendations and advisory committees
10700	10700	7 under this Chapter and Chapter 18a shall be vested in the
10701	10701	8 Transportation Division.
10702	10702	9 The staff shall prepare and distribute to the General
10703	10703	10 Assembly, in April of each year, a report on railway accidents
10704	10704	11 in Illinois which involve hazardous materials. The report
10705	10705	12 shall include the location, substance involved, amounts
10706	10706	13 involved, and the suspected reason for each accident. The
10707	10707	14 report shall also reveal the rail line and point of origin of
10708	10708	15 the hazardous material involved in each accident.
10709	10709	16 (Source: P.A. 88-415.)
10710	10710	17 (625 ILCS 5/18c-1205) (from Ch. 95 1/2, par. 18c-1205)
10711	10711	18 Sec. 18c-1205. Qualifications of Transportation Compliance
10712	10712	19 Program Staff.
10713	10713	20 (1) General provisions. The manager of the Transportation
10714	10714	21 Division shall establish and adhere to written professional
10715	10715	22 standards and procedures for the employment, education and
10716	10716	23 training, performance and dismissal of all nonclerical
10717	10717	24 compliance program personnel. Such standards and procedures
10718	10718	25 shall include:
10719	10719
10720	10720
10721	10721
10722	10722
10723	10723
10724	10724	HB3575 - 299 - LRB103 29826 RLC 56234 b
10725	10725
10726	10726
10727	10727	HB3575- 300 -LRB103 29826 RLC 56234 b HB3575 - 300 - LRB103 29826 RLC 56234 b
10728	10728	HB3575 - 300 - LRB103 29826 RLC 56234 b
10729	10729	1 (a) (Blank); Merit standards and procedures, and
10730	10730	2 education requirements, applicable to State troopers, and
10731	10731	3 training requirements at least equivalent to that received
10732	10732	4 from a police training school approved by the Illinois Law
10733	10733	5 Enforcement Training Standards Board, together with such
10734	10734	6 additional qualifications as are needed under this
10735	10735	7 Chapter, for all nonclerical field operations personnel;
10736	10736	8 (b) Successful completion of an accredited accounting
10737	10737	9 or transportation-related education program, or at least 4
10738	10738	10 years experience in motor carrier rate analysis or
10739	10739	11 auditing, plus such additional qualifications as are
10740	10740	12 needed under this Chapter, for all nonclerical rate
10741	10741	13 auditing personnel; and
10742	10742	14 (c) Successful completion of an accredited legal or
10743	10743	15 paralegal education program, or equivalent administrative
10744	10744	16 law experience, plus such additional qualifications as are
10745	10745	17 needed under this Chapter, for all nonclerical civil
10746	10746	18 penalties program personnel.
10747	10747	19 (2) (Blank). Merit Selection Committee. Standards and
10748	10748	20 procedures under this Section for police shall include the
10749	10749	21 establishment of one or more merit selection committees, each
10750	10750	22 composed of one Commission employee and no fewer than 3, nor
10751	10751	23 more than 5, persons who are not employed by the Commission,
10752	10752	24 each of whom shall from time to time be designated by the
10753	10753	25 division manager, subject to the approval of the Commission.
10754	10754	26 The division manager shall submit a list of candidates to the
10755	10755
10756	10756
10757	10757
10758	10758
10759	10759
10760	10760	HB3575 - 300 - LRB103 29826 RLC 56234 b
10761	10761
10762	10762
10763	10763	HB3575- 301 -LRB103 29826 RLC 56234 b HB3575 - 301 - LRB103 29826 RLC 56234 b
10764	10764	HB3575 - 301 - LRB103 29826 RLC 56234 b
10765	10765	1 committee or subcommittee thereof for its consideration. The
10766	10766	2 committee or subcommittee thereof shall interview each
10767	10767	3 candidate on the list and rate those interviewed as "most
10768	10768	4 qualified", "qualified", or "not qualified". The committee
10769	10769	5 shall recommend candidates rated "most qualified" and
10770	10770	6 "qualified" to the division manager. In filling positions to
10771	10771	7 which this Section applies, the division manager shall first
10772	10772	8 offer the position to persons rated "most qualified". If all
10773	10773	9 persons rated "most qualified" have been offered the position
10774	10774	10 and each failed to accept the offer within the time specified
10775	10775	11 by the division manager in the offer, the position may be
10776	10776	12 offered to a person rated "qualified". Only persons rated
10777	10777	13 "most qualified" or "qualified" shall be offered positions
10778	10778	14 within the Compliance Program.
10779	10779	15 (3) (Blank). The Commission shall authorize to each
10780	10780	16 employee of the Commission exercising the powers of a peace
10781	10781	17 officer a distinct badge that, on its face, (i) clearly states
10782	10782	18 the badge is authorized by the Commission and (ii) contains a
10783	10783	19 unique identifying number. No other badge shall be authorized
10784	10784	20 by the Commission.
10785	10785	21 (Source: P.A. 91-357, eff. 7-29-99; 91-883, eff. 1-1-01.)
10786	10786	22 (625 ILCS 5/18c-4101) (from Ch. 95 1/2, par. 18c-4101)
10787	10787	23 Sec. 18c-4101. Scope of Commission Jurisdiction. Except as
10788	10788	24 provided in Section 18c-4102 of this Chapter, the jurisdiction
10789	10789	25 of the Commission, in cooperation with the Department, shall
10790	10790
10791	10791
10792	10792
10793	10793
10794	10794
10795	10795	HB3575 - 301 - LRB103 29826 RLC 56234 b
10796	10796
10797	10797
10798	10798	HB3575- 302 -LRB103 29826 RLC 56234 b HB3575 - 302 - LRB103 29826 RLC 56234 b
10799	10799	HB3575 - 302 - LRB103 29826 RLC 56234 b
10800	10800	1 extend to all motor carriers of property operating within the
10801	10801	2 State of Illinois.
10802	10802	3 (Source: P.A. 84-796.)
10803	10803	4 (625 ILCS 5/18c-4308) (from Ch. 95 1/2, par. 18c-4308)
10804	10804	5 Sec. 18c-4308. Enforcement of Transfer Requirements. The
10805	10805	6 Commission may, in cooperation with the Department, on its own
10806	10806	7 motion or on complaint, investigate and determine whether
10807	10807	8 violations of this Article have occurred. When the Commission
10808	10808	9 determines that a carrier or other person is violating the
10809	10809	10 provisions of this Article it shall by order require the
10810	10810	11 carrier or other person to take whatever action is necessary
10811	10811	12 to prevent continuance of the violation, and may, in addition,
10812	10812	13 impose sanctions as provided in this Chapter.
10813	10813	14 (Source: P.A. 84-796.)
10814	10814	15 (625 ILCS 5/18c-6101) (from Ch. 95 1/2, par. 18c-6101)
10815	10815	16 Sec. 18c-6101. Scope of Commission Jurisdiction. Except as
10816	10816	17 provided in Section 18c-6102 of this Chapter, the jurisdiction
10817	10817	18 of the Commission, in cooperation with the Department, shall
10818	10818	19 extend to all motor carriers of passengers operating within
10819	10819	20 the State of Illinois.
10820	10820	21 (Source: P.A. 84-796.)
10821	10821	22 (625 ILCS 5/18c-7101) (from Ch. 95 1/2, par. 18c-7101)
10822	10822	23 Sec. 18c-7101. Jurisdiction Over Rail Carriers. The
10823	10823
10824	10824
10825	10825
10826	10826
10827	10827
10828	10828	HB3575 - 302 - LRB103 29826 RLC 56234 b
10829	10829
10830	10830
10831	10831	HB3575- 303 -LRB103 29826 RLC 56234 b HB3575 - 303 - LRB103 29826 RLC 56234 b
10832	10832	HB3575 - 303 - LRB103 29826 RLC 56234 b
10833	10833	1 jurisdiction of the Commission, in cooperation with the
10834	10834	2 Department, under this Sub-chapter shall be exclusive and
10835	10835	3 shall extend to all intrastate and interstate rail carrier
10836	10836	4 operations within this State, except to the extent that its
10837	10837	5 jurisdiction is preempted by valid provisions of the Staggers
10838	10838	6 Rail Act of 1980 or other valid federal statute, regulation,
10839	10839	7 or order.
10840	10840	8 (Source: P.A. 85-406.)
10841	10841	9 (625 ILCS 5/18c-7403) (from Ch. 95 1/2, par. 18c-7403)
10842	10842	10 Sec. 18c-7403. Enforcement and Waiver of Safety
10843	10843	11 Requirements.
10844	10844	12 (1) Enforcement. The Commission, in cooperation with the
10845	10845	13 Department, shall have jurisdiction to initiate actions to
10846	10846	14 enforce the provisions of this Chapter. Except with regard to
10847	10847	15 grade crossing obstructions under Section 18c-7402 of this
10848	10848	16 Chapter and trespass on railroad rights of way and yards under
10849	10849	17 Section 18c-7503 of this Chapter, jurisdiction to initiate
10850	10850	18 actions to enforce provisions of this Chapter is vested
10851	10851	19 exclusively in the Commission. Where a valid federal statute,
10852	10852	20 regulation, or order sets forth procedures or sanctions for
10853	10853	21 violation of safety standards, and such procedures or
10854	10854	22 sanctions are preemptive of state law, the Commission shall
10855	10855	23 exercise its enforcement jurisdiction under this Article in
10856	10856	24 accordance therewith. Otherwise, the provisions of this
10857	10857	25 Chapter regarding enforcement procedures and sanctions shall
10858	10858
10859	10859
10860	10860
10861	10861
10862	10862
10863	10863	HB3575 - 303 - LRB103 29826 RLC 56234 b
10864	10864
10865	10865
10866	10866	HB3575- 304 -LRB103 29826 RLC 56234 b HB3575 - 304 - LRB103 29826 RLC 56234 b
10867	10867	HB3575 - 304 - LRB103 29826 RLC 56234 b
10868	10868	1 apply.
10869	10869	2 (2) Waiver. The Commission may waive any of the safety
10870	10870	3 requirements under this Article if continued adherence to the
10871	10871	4 requirement or requirements is not required for the safety of
10872	10872	5 railroad employees or the public.
10873	10873	6 (Source: P.A. 90-257, eff. 7-30-97.)
10874	10874	7 (625 ILCS 5/18c-7404) (from Ch. 95 1/2, par. 18c-7404)
10875	10875	8 Sec. 18c-7404. Transportation of Hazardous Materials by
10876	10876	9 Rail Carriers. (1) Commission to Regulate Hazardous Materials
10877	10877	10 Transportation by Rail Carrier.
10878	10878	11 (a) Powers of the Commission. The Commission, in
10879	10879	12 cooperation with the Department, is authorized to regulate the
10880	10880	13 transportation of hazardous materials by rail carrier by:
10881	10881	14 (i) Adopting by reference the hazardous materials
10882	10882	15 regulations of the Office of Hazardous Materials
10883	10883	16 Transportation and the Federal Railroad Administration of the
10884	10884	17 United States Department of Transportation, as amended;
10885	10885	18 (ii) Conducting investigations, issuing subpoenas, taking
10886	10886	19 depositions, requiring the production of relevant documents,
10887	10887	20 records and property, and conducting hearings in aid of such
10888	10888	21 investigations;
10889	10889	22 (iii) Conducting a continuing review of all aspects of
10890	10890	23 hazardous materials transportation by rail carrier to
10891	10891	24 determine and recommend actions necessary to insure safe
10892	10892	25 transportation of such materials;
10893	10893
10894	10894
10895	10895
10896	10896
10897	10897
10898	10898	HB3575 - 304 - LRB103 29826 RLC 56234 b
10899	10899
10900	10900
10901	10901	HB3575- 305 -LRB103 29826 RLC 56234 b HB3575 - 305 - LRB103 29826 RLC 56234 b
10902	10902	HB3575 - 305 - LRB103 29826 RLC 56234 b
10903	10903	1 (iv) Undertaking, directly or indirectly, research,
10904	10904	2 development, demonstration and training activities;
10905	10905	3 (v) Cooperating with other State agencies and enter into
10906	10906	4 interagency agreements; and
10907	10907	5 (vi) Entering upon, inspecting and examining the records
10908	10908	6 and properties relating to the transportation of hazardous
10909	10909	7 materials by rail, including all portions of any facility used
10910	10910	8 in the loading, unloading, and actual movement of such
10911	10911	9 materials, or in the storage of such materials incidental to
10912	10912	10 actual movement by rail;
10913	10913	11 (vii) Stopping and inspecting trains, at reasonable times
10914	10914	12 and locations and in a reasonable manner, or taking any other
10915	10915	13 action necessary to administer or enforce the provisions of
10916	10916	14 this Section.
10917	10917	15 (b) Scope of Section. The provisions of this Section apply
10918	10918	16 generally to the transportation of hazardous materials by rail
10919	10919	17 carrier within the State of Illinois, but do not apply to:
10920	10920	18 (i) Natural gas pipelines;
10921	10921	19 (ii) Transportation of firearms or ammunition for personal
10922	10922	20 use or in commerce; or
10923	10923	21 (iii) Transportation exempted by the Commission where the
10924	10924	22 exemption granted by the Commission is:
10925	10925	23 (A) Coextensive with an exemption granted by the Office of
10926	10926	24 Hazardous Materials and the Federal Railroad Administration;
10927	10927	25 or
10928	10928	26 (B) Otherwise exempt under statutes or regulations
10929	10929
10930	10930
10931	10931
10932	10932
10933	10933
10934	10934	HB3575 - 305 - LRB103 29826 RLC 56234 b
10935	10935
10936	10936
10937	10937	HB3575- 306 -LRB103 29826 RLC 56234 b HB3575 - 306 - LRB103 29826 RLC 56234 b
10938	10938	HB3575 - 306 - LRB103 29826 RLC 56234 b
10939	10939	1 governing similar transportation in interstate commerce.
10940	10940	2 (c) Rail Carriers to Comply with Commission Regulations.
10941	10941	3 No person shall transport hazardous materials by rail carrier
10942	10942	4 except in compliance with this Section, Commission regulations
10943	10943	5 and orders.
10944	10944	6 (2) Enforcement.
10945	10945	7 (a) Criminal Penalties. Any person who willfully violates
10946	10946	8 the provisions of this Section, Commission regulations or
10947	10947	9 orders shall have committed a class 3 felony and be subject to
10948	10948	10 criminal penalties in an amount not to exceed $25,000.
10949	10949	11 (b) Civil Penalties. Any person who knowingly violates the
10950	10950	12 provisions of this Section, Commission regulations or orders
10951	10951	13 shall also be subject to civil penalties in an amount not to
10952	10952	14 exceed $10,000.
10953	10953	15 (c) Injunctive Relief. The Commission may petition any
10954	10954	16 circuit court with venue and jurisdiction to enforce this
10955	10955	17 Chapter to enjoin actions which it has reason to believe may
10956	10956	18 pose an imminent hazard, and to issue such other orders as will
10957	10957	19 eliminate or ameliorate the imminent hazard. As used in this
10958	10958	20 Section, "imminent hazard" means a substantial likelihood that
10959	10959	21 death, serious illness, or severe personal injury will occur
10960	10960	22 prior to the time during which an administrative proceeding to
10961	10961	23 abate the danger could normally be completed.
10962	10962	24 (3) Commission to Adopt Regulations. The Commission may
10963	10963	25 adopt regulations governing the transportation of hazardous
10964	10964	26 materials by rail carrier where:
10965	10965
10966	10966
10967	10967
10968	10968
10969	10969
10970	10970	HB3575 - 306 - LRB103 29826 RLC 56234 b
10971	10971
10972	10972
10973	10973	HB3575- 307 -LRB103 29826 RLC 56234 b HB3575 - 307 - LRB103 29826 RLC 56234 b
10974	10974	HB3575 - 307 - LRB103 29826 RLC 56234 b
10975	10975	1 (a) The risk created by such transportation is susceptible
10976	10976	2 to control by regulation;
10977	10977	3 (b) State regulation would be more effective in
10978	10978	4 controlling the risk than federal regulation; and
10979	10979	5 (c) The regulations adopted by the Commission are not
10980	10980	6 inconsistent with federal regulations.
10981	10981	7 (Source: P.A. 85-815.)
10982	10982	8 (625 ILCS 5/18d-111 new)
10983	10983	9 Sec. 18d-111. Police enforcement granted to the Illinois
10984	10984	10 State Police. The police enforcement and investigatory
10985	10985	11 functions under this Chapter granted to the Illinois Commerce
10986	10986	12 Commission Police Force, which is abolished on and after the
10987	10987	13 effective date of this amendatory Act of the 103rd General
10988	10988	14 Assembly, shall be transferred to the Illinois State Police.
10989	10989	15 The Illinois Commerce Commission shall cooperate with the
10990	10990	16 Illinois State Police for this purpose.
10991	10991	17 Section 80. The Snowmobile Registration and Safety Act is
10992	10992	18 amended by changing Section 2-1 as follows:
10993	10993	19 (625 ILCS 40/2-1) (from Ch. 95 1/2, par. 602-1)
10994	10994	20 Sec. 2-1. Enforcement. It is the duty of the Illinois
10995	10995	21 State Police, all Conservation Police Officers and all
10996	10996	22 sheriffs, deputy sheriffs, and other police officers to arrest
10997	10997	23 any person detected in violation of any of the provisions of
10998	10998
10999	10999
11000	11000
11001	11001
11002	11002
11003	11003	HB3575 - 307 - LRB103 29826 RLC 56234 b
11004	11004
11005	11005
11006	11006	HB3575- 308 -LRB103 29826 RLC 56234 b HB3575 - 308 - LRB103 29826 RLC 56234 b
11007	11007	HB3575 - 308 - LRB103 29826 RLC 56234 b
11008	11008	1 this Act. It is further the duty of all such officers to make
11009	11009	2 prompt investigation of any violation of the provisions of
11010	11010	3 this Act reported by any other person, and to cause a complaint
11011	11011	4 to be filed before the circuit court if there seems just ground
11012	11012	5 for such complaint and evidence procurable to support the
11013	11013	6 same.
11014	11014	7 (Source: P.A. 100-201, eff. 8-18-17.)
11015	11015	8 Section 85. The Boat Registration and Safety Act is
11016	11016	9 amended by changing Sections 2-1, 2-4, and 3C-2 as follows:
11017	11017	10 (625 ILCS 45/2-1) (from Ch. 95 1/2, par. 312-1)
11018	11018	11 Sec. 2-1. Enforcement.) It is the duty of the Illinois
11019	11019	12 State Police, all Conservation Police Officers and other
11020	11020	13 employees of the Department designated by the Director to
11021	11021	14 enforce this Act, and all sheriffs, deputy sheriffs, and other
11022	11022	15 police officers to arrest any person detected in violation of
11023	11023	16 any of the provisions of this Act. It is further the duty of
11024	11024	17 all such officers to make prompt investigation of any
11025	11025	18 violation of the provisions of this Act reported by any other
11026	11026	19 person, and to cause a complaint to be filed before the circuit
11027	11027	20 court if there seems just ground for such complaint and
11028	11028	21 evidence procurable to support the same.
11029	11029	22 (Source: P.A. 82-783.)
11030	11030	23 (625 ILCS 45/2-4) (from Ch. 95 1/2, par. 312-4)
11031	11031
11032	11032
11033	11033
11034	11034
11035	11035
11036	11036	HB3575 - 308 - LRB103 29826 RLC 56234 b
11037	11037
11038	11038
11039	11039	HB3575- 309 -LRB103 29826 RLC 56234 b HB3575 - 309 - LRB103 29826 RLC 56234 b
11040	11040	HB3575 - 309 - LRB103 29826 RLC 56234 b
11041	11041	1 Sec. 2-4. Resistance to officers.
11042	11042	2 (a) It is unlawful for any person to resist or obstruct any
11043	11043	3 officer or employee of the Department in the discharge of his
11044	11044	4 or her duties under the provisions hereof.
11045	11045	5 (b) It is unlawful for the operator of a watercraft,
11046	11046	6 having been given a signal by an Illinois State Police a
11047	11047	7 conservation police officer, sheriff, deputy sheriff, or other
11048	11048	8 police officer directing the operator of the watercraft to
11049	11049	9 bring the watercraft to a stop, to willfully fail or refuse to
11050	11050	10 obey the direction, to increase speed, to extinguish lights,
11051	11051	11 or otherwise flee or attempt to elude the officer. The signal
11052	11052	12 given by the officer may be by hand, voice, sign, siren, or
11053	11053	13 blue or red light.
11054	11054	14 (Source: P.A. 88-524.)
11055	11055	15 (625 ILCS 45/3C-2) (from Ch. 95 1/2, par. 313C-2)
11056	11056	16 Sec. 3C-2. Notification to law enforcement agencies. When
11057	11057	17 an abandoned, lost, stolen or unclaimed watercraft comes into
11058	11058	18 the temporary possession or custody of a person in this State,
11059	11059	19 not the owner of the watercraft, such person shall immediately
11060	11060	20 notify the municipal police when the watercraft is within the
11061	11061	21 corporate limits of any city, village or town having a duly
11062	11062	22 authorized police department, or the Illinois State Police,
11063	11063	23 Conservation Police or the county sheriff when the watercraft
11064	11064	24 is outside the corporate limits of a city, village or town.
11065	11065	25 Upon receipt of such notification, the municipal police, State
11066	11066
11067	11067
11068	11068
11069	11069
11070	11070
11071	11071	HB3575 - 309 - LRB103 29826 RLC 56234 b
11072	11072
11073	11073
11074	11074	HB3575- 310 -LRB103 29826 RLC 56234 b HB3575 - 310 - LRB103 29826 RLC 56234 b
11075	11075	HB3575 - 310 - LRB103 29826 RLC 56234 b
11076	11076	1 Police, Conservation Police, or county sheriff will authorize
11077	11077	2 a towing service to remove and take possession of the
11078	11078	3 abandoned, lost, stolen or unclaimed watercraft. The towing
11079	11079	4 service will safely keep the towed watercraft and its
11080	11080	5 contents, and maintain a record of the tow as set forth in
11081	11081	6 Section 3C-4 for law enforcement agencies, until the
11082	11082	7 watercraft is claimed by the owner or any other person legally
11083	11083	8 entitled to possession thereof or until it is disposed of as
11084	11084	9 provided in this Article.
11085	11085	10 (Source: P.A. 102-538, eff. 8-20-21.)
11086	11086	11 Section 90. The Clerks of Courts Act is amended by
11087	11087	12 changing Section 27.3b-1 as follows:
11088	11088	13 (705 ILCS 105/27.3b-1)
11089	11089	14 Sec. 27.3b-1. Minimum fines; disbursement of fines.
11090	11090	15 (a) Unless otherwise specified by law, the minimum fine
11091	11091	16 for a conviction or supervision disposition on a minor traffic
11092	11092	17 offense is $25 and the minimum fine for a conviction,
11093	11093	18 supervision disposition, or violation based upon a plea of
11094	11094	19 guilty or finding of guilt for any other offense is $75. If the
11095	11095	20 court finds that the fine would impose an undue burden on the
11096	11096	21 victim, the court may reduce or waive the fine. In this
11097	11097	22 subsection (a), "victim" shall not be construed to include the
11098	11098	23 defendant.
11099	11099	24 (b) Unless otherwise specified by law, all fines imposed
11100	11100
11101	11101
11102	11102
11103	11103
11104	11104
11105	11105	HB3575 - 310 - LRB103 29826 RLC 56234 b
11106	11106
11107	11107
11108	11108	HB3575- 311 -LRB103 29826 RLC 56234 b HB3575 - 311 - LRB103 29826 RLC 56234 b
11109	11109	HB3575 - 311 - LRB103 29826 RLC 56234 b
11110	11110	1 on a misdemeanor offense, other than a traffic, conservation,
11111	11111	2 or driving under the influence offense, or on a felony offense
11112	11112	3 shall be disbursed within 60 days after receipt by the circuit
11113	11113	4 clerk to the county treasurer for deposit into the county's
11114	11114	5 General Fund. Unless otherwise specified by law, all fines
11115	11115	6 imposed on an ordinance offense or a misdemeanor traffic,
11116	11116	7 misdemeanor conservation, or misdemeanor driving under the
11117	11117	8 influence offense shall be disbursed within 60 days after
11118	11118	9 receipt by the circuit clerk to the treasurer of the unit of
11119	11119	10 government of the arresting agency. If the arresting agency is
11120	11120	11 the office of the sheriff, the county treasurer shall deposit
11121	11121	12 the portion into a fund to support the law enforcement
11122	11122	13 operations of the office of the sheriff. If the arresting
11123	11123	14 agency is a State agency, the State Treasurer shall deposit
11124	11124	15 the portion as follows:
11125	11125	16 (1) if the arresting agency is the Illinois State
11126	11126	17 Police, into the State Police Law Enforcement
11127	11127	18 Administration Fund;
11128	11128	19 (2) if the arresting agency is the Department of
11129	11129	20 Natural Resources, into the Conservation Police Operations
11130	11130	21 Assistance Fund;
11131	11131	22 (3) if the arresting agency is the Secretary of State,
11132	11132	23 into the Secretary of State Police Services Fund; and
11133	11133	24 (4) if the arresting agency is the Illinois Commerce
11134	11134	25 Commission, into the Transportation Regulatory Fund.
11135	11135	26 (Source: P.A. 101-636, eff. 6-10-20; 102-538, eff. 8-20-21.)
11136	11136
11137	11137
11138	11138
11139	11139
11140	11140
11141	11141	HB3575 - 311 - LRB103 29826 RLC 56234 b
11142	11142
11143	11143
11144	11144	HB3575- 312 -LRB103 29826 RLC 56234 b HB3575 - 312 - LRB103 29826 RLC 56234 b
11145	11145	HB3575 - 312 - LRB103 29826 RLC 56234 b
11146	11146	1 Section 95. The Criminal and Traffic Assessment Act is
11147	11147	2 amended by changing Sections 10-5 and 15-70 as follows:
11148	11148	3 (705 ILCS 135/10-5)
11149	11149	4 (Section scheduled to be repealed on January 1, 2024)
11150	11150	5 Sec. 10-5. Funds.
11151	11151	6 (a) All money collected by the Clerk of the Circuit Court
11152	11152	7 under Article 15 of this Act shall be remitted as directed in
11153	11153	8 Article 15 of this Act to the county treasurer, to the State
11154	11154	9 Treasurer, and to the treasurers of the units of local
11155	11155	10 government. If an amount payable to any of the treasurers is
11156	11156	11 less than $10, the clerk may postpone remitting the money
11157	11157	12 until $10 has accrued or by the end of fiscal year. The
11158	11158	13 treasurers shall deposit the money as indicated in the
11159	11159	14 schedules, except, in a county with a population of over
11160	11160	15 3,000,000, money remitted to the county treasurer shall be
11161	11161	16 subject to appropriation by the county board. Any amount
11162	11162	17 retained by the Clerk of the Circuit Court in a county with a
11163	11163	18 population of over 3,000,000 shall be subject to appropriation
11164	11164	19 by the county board.
11165	11165	20 (b) The county treasurer or the treasurer of the unit of
11166	11166	21 local government may create the funds indicated in paragraphs
11167	11167	22 (1) through (5), (9), and (16) of subsection (d) of this
11168	11168	23 Section, if not already in existence. If a county or unit of
11169	11169	24 local government has not instituted, and does not plan to
11170	11170
11171	11171
11172	11172
11173	11173
11174	11174
11175	11175	HB3575 - 312 - LRB103 29826 RLC 56234 b
11176	11176
11177	11177
11178	11178	HB3575- 313 -LRB103 29826 RLC 56234 b HB3575 - 313 - LRB103 29826 RLC 56234 b
11179	11179	HB3575 - 313 - LRB103 29826 RLC 56234 b
11180	11180	1 institute a program that uses a particular fund, the treasurer
11181	11181	2 need not create the fund and may instead deposit the money
11182	11182	3 intended for the fund into the general fund of the county or
11183	11183	4 unit of local government for use in financing the court
11184	11184	5 system.
11185	11185	6 (c) If the arresting agency is a State agency, the
11186	11186	7 arresting agency portion shall be remitted by the clerk of
11187	11187	8 court to the State Treasurer who shall deposit the portion as
11188	11188	9 follows:
11189	11189	10 (1) if the arresting agency is the Illinois State
11190	11190	11 Police, into the State Police Law Enforcement
11191	11191	12 Administration Fund;
11192	11192	13 (2) if the arresting agency is the Department of
11193	11193	14 Natural Resources, into the Conservation Police Operations
11194	11194	15 Assistance Fund;
11195	11195	16 (3) if the arresting agency is the Secretary of State,
11196	11196	17 into the Secretary of State Police Services Fund; and
11197	11197	18 (4) if the arresting agency is the Illinois Commerce
11198	11198	19 Commission, into the Transportation Regulatory Fund.
11199	11199	20 (d) Fund descriptions and provisions:
11200	11200	21 (1) The Court Automation Fund is to defray the
11201	11201	22 expense, borne by the county, of establishing and
11202	11202	23 maintaining automated record keeping systems in the Office
11203	11203	24 of the Clerk of the Circuit Court. The money shall be
11204	11204	25 remitted monthly by the clerk to the county treasurer and
11205	11205	26 identified as funds for the Circuit Court Clerk. The fund
11206	11206
11207	11207
11208	11208
11209	11209
11210	11210
11211	11211	HB3575 - 313 - LRB103 29826 RLC 56234 b
11212	11212
11213	11213
11214	11214	HB3575- 314 -LRB103 29826 RLC 56234 b HB3575 - 314 - LRB103 29826 RLC 56234 b
11215	11215	HB3575 - 314 - LRB103 29826 RLC 56234 b
11216	11216	1 shall be audited by the county auditor, and the board
11217	11217	2 shall make expenditures from the fund in payment of any
11218	11218	3 costs related to the automation of court records including
11219	11219	4 hardware, software, research and development costs, and
11220	11220	5 personnel costs related to the foregoing, provided that
11221	11221	6 the expenditure is approved by the clerk of the court and
11222	11222	7 by the chief judge of the circuit court or his or her
11223	11223	8 designee.
11224	11224	9 (2) The Document Storage Fund is to defray the
11225	11225	10 expense, borne by the county, of establishing and
11226	11226	11 maintaining a document storage system and converting the
11227	11227	12 records of the circuit court clerk to electronic or
11228	11228	13 micrographic storage. The money shall be remitted monthly
11229	11229	14 by the clerk to the county treasurer and identified as
11230	11230	15 funds for the circuit court clerk. The fund shall be
11231	11231	16 audited by the county auditor, and the board shall make
11232	11232	17 expenditure from the fund in payment of any cost related
11233	11233	18 to the storage of court records, including hardware,
11234	11234	19 software, research and development costs, and personnel
11235	11235	20 costs related to the foregoing, provided that the
11236	11236	21 expenditure is approved by the clerk of the court.
11237	11237	22 (3) The Circuit Clerk Operations and Administration
11238	11238	23 Fund may be used to defray the expenses incurred for
11239	11239	24 collection and disbursement of the various assessment
11240	11240	25 schedules. The money shall be remitted monthly by the
11241	11241	26 clerk to the county treasurer and identified as funds for
11242	11242
11243	11243
11244	11244
11245	11245
11246	11246
11247	11247	HB3575 - 314 - LRB103 29826 RLC 56234 b
11248	11248
11249	11249
11250	11250	HB3575- 315 -LRB103 29826 RLC 56234 b HB3575 - 315 - LRB103 29826 RLC 56234 b
11251	11251	HB3575 - 315 - LRB103 29826 RLC 56234 b
11252	11252	1 the circuit court clerk.
11253	11253	2 (4) The State's Attorney Records Automation Fund is to
11254	11254	3 defray the expense of establishing and maintaining
11255	11255	4 automated record keeping systems in the offices of the
11256	11256	5 State's Attorney. The money shall be remitted monthly by
11257	11257	6 the clerk to the county treasurer for deposit into the
11258	11258	7 State's Attorney Records Automation Fund. Expenditures
11259	11259	8 from this fund may be made by the State's Attorney for
11260	11260	9 hardware, software, and research and development related
11261	11261	10 to automated record keeping systems.
11262	11262	11 (5) The Public Defender Records Automation Fund is to
11263	11263	12 defray the expense of establishing and maintaining
11264	11264	13 automated record keeping systems in the offices of the
11265	11265	14 Public Defender. The money shall be remitted monthly by
11266	11266	15 the clerk to the county treasurer for deposit into the
11267	11267	16 Public Defender Records Automation Fund. Expenditures from
11268	11268	17 this fund may be made by the Public Defender for hardware,
11269	11269	18 software, and research and development related to
11270	11270	19 automated record keeping systems.
11271	11271	20 (6) The DUI Fund shall be used for enforcement and
11272	11272	21 prevention of driving while under the influence of
11273	11273	22 alcohol, other drug or drugs, intoxicating compound or
11274	11274	23 compounds or any combination thereof, as defined by
11275	11275	24 Section 11-501 of the Illinois Vehicle Code, including,
11276	11276	25 but not limited to, the purchase of law enforcement
11277	11277	26 equipment and commodities that will assist in the
11278	11278
11279	11279
11280	11280
11281	11281
11282	11282
11283	11283	HB3575 - 315 - LRB103 29826 RLC 56234 b
11284	11284
11285	11285
11286	11286	HB3575- 316 -LRB103 29826 RLC 56234 b HB3575 - 316 - LRB103 29826 RLC 56234 b
11287	11287	HB3575 - 316 - LRB103 29826 RLC 56234 b
11288	11288	1 prevention of alcohol-related criminal violence throughout
11289	11289	2 the State; police officer training and education in areas
11290	11290	3 related to alcohol-related crime, including, but not
11291	11291	4 limited to, DUI training; and police officer salaries,
11292	11292	5 including, but not limited to, salaries for hire-back
11293	11293	6 funding for safety checkpoints, saturation patrols, and
11294	11294	7 liquor store sting operations. Any moneys shall be used to
11295	11295	8 purchase law enforcement equipment that will assist in the
11296	11296	9 prevention of alcohol-related criminal violence throughout
11297	11297	10 the State. The money shall be remitted monthly by the
11298	11298	11 clerk to the State or local treasurer for deposit as
11299	11299	12 provided by law.
11300	11300	13 (7) The Trauma Center Fund shall be distributed as
11301	11301	14 provided under Section 3.225 of the Emergency Medical
11302	11302	15 Services (EMS) Systems Act.
11303	11303	16 (8) The Probation and Court Services Fund is to be
11304	11304	17 expended as described in Section 15.1 of the Probation and
11305	11305	18 Probation Officers Act.
11306	11306	19 (9) The Circuit Court Clerk Electronic Citation Fund
11307	11307	20 shall have the Circuit Court Clerk as the custodian, ex
11308	11308	21 officio, of the Fund and shall be used to perform the
11309	11309	22 duties required by the office for establishing and
11310	11310	23 maintaining electronic citations. The Fund shall be
11311	11311	24 audited by the county's auditor.
11312	11312	25 (10) The Drug Treatment Fund is a special fund in the
11313	11313	26 State treasury. Moneys in the Fund shall be expended as
11314	11314
11315	11315
11316	11316
11317	11317
11318	11318
11319	11319	HB3575 - 316 - LRB103 29826 RLC 56234 b
11320	11320
11321	11321
11322	11322	HB3575- 317 -LRB103 29826 RLC 56234 b HB3575 - 317 - LRB103 29826 RLC 56234 b
11323	11323	HB3575 - 317 - LRB103 29826 RLC 56234 b
11324	11324	1 provided in Section 411.2 of the Illinois Controlled
11325	11325	2 Substances Act.
11326	11326	3 (11) The Violent Crime Victims Assistance Fund is a
11327	11327	4 special fund in the State treasury to provide moneys for
11328	11328	5 the grants to be awarded under the Violent Crime Victims
11329	11329	6 Assistance Act.
11330	11330	7 (12) The Criminal Justice Information Projects Fund
11331	11331	8 shall be appropriated to and administered by the Illinois
11332	11332	9 Criminal Justice Information Authority for distribution to
11333	11333	10 fund Illinois State Police drug task forces and
11334	11334	11 Metropolitan Enforcement Groups, for the costs associated
11335	11335	12 with making grants from the Prescription Pill and Drug
11336	11336	13 Disposal Fund, for undertaking criminal justice
11337	11337	14 information projects, and for the operating and other
11338	11338	15 expenses of the Authority incidental to those criminal
11339	11339	16 justice information projects. The moneys deposited into
11340	11340	17 the Criminal Justice Information Projects Fund under
11341	11341	18 Sections 15-15 and 15-35 of this Act shall be appropriated
11342	11342	19 to and administered by the Illinois Criminal Justice
11343	11343	20 Information Authority for distribution to fund Illinois
11344	11344	21 State Police drug task forces and Metropolitan Enforcement
11345	11345	22 Groups by dividing the funds equally by the total number
11346	11346	23 of Illinois State Police drug task forces and Illinois
11347	11347	24 Metropolitan Enforcement Groups.
11348	11348	25 (13) The Sexual Assault Services Fund shall be
11349	11349	26 appropriated to the Department of Public Health. Upon
11350	11350
11351	11351
11352	11352
11353	11353
11354	11354
11355	11355	HB3575 - 317 - LRB103 29826 RLC 56234 b
11356	11356
11357	11357
11358	11358	HB3575- 318 -LRB103 29826 RLC 56234 b HB3575 - 318 - LRB103 29826 RLC 56234 b
11359	11359	HB3575 - 318 - LRB103 29826 RLC 56234 b
11360	11360	1 appropriation of moneys from the Sexual Assault Services
11361	11361	2 Fund, the Department of Public Health shall make grants of
11362	11362	3 these moneys to sexual assault organizations with whom the
11363	11363	4 Department has contracts for the purpose of providing
11364	11364	5 community-based services to victims of sexual assault.
11365	11365	6 Grants are in addition to, and are not substitutes for,
11366	11366	7 other grants authorized and made by the Department.
11367	11367	8 (14) The County Jail Medical Costs Fund is to help
11368	11368	9 defray the costs outlined in Section 17 of the County Jail
11369	11369	10 Act. Moneys in the Fund shall be used solely for
11370	11370	11 reimbursement to the county of costs for medical expenses
11371	11371	12 and administration of the Fund.
11372	11372	13 (15) The Prisoner Review Board Vehicle and Equipment
11373	11373	14 Fund is a special fund in the State treasury. The Prisoner
11374	11374	15 Review Board shall, subject to appropriation by the
11375	11375	16 General Assembly and approval by the Secretary, use all
11376	11376	17 moneys in the Prisoner Review Board Vehicle and Equipment
11377	11377	18 Fund for the purchase and operation of vehicles and
11378	11378	19 equipment.
11379	11379	20 (16) In each county in which a Children's Advocacy
11380	11380	21 Center provides services, a Child Advocacy Center Fund is
11381	11381	22 specifically for the operation and administration of the
11382	11382	23 Children's Advocacy Center, from which the county board
11383	11383	24 shall make grants to support the activities and services
11384	11384	25 of the Children's Advocacy Center within that county.
11385	11385	26 (Source: P.A. 101-636, eff. 6-10-20; 102-538, eff. 8-20-21.)
11386	11386
11387	11387
11388	11388
11389	11389
11390	11390
11391	11391	HB3575 - 318 - LRB103 29826 RLC 56234 b
11392	11392
11393	11393
11394	11394	HB3575- 319 -LRB103 29826 RLC 56234 b HB3575 - 319 - LRB103 29826 RLC 56234 b
11395	11395	HB3575 - 319 - LRB103 29826 RLC 56234 b
11396	11396	1 (705 ILCS 135/15-70)
11397	11397	2 (Section scheduled to be repealed on January 1, 2024)
11398	11398	3 Sec. 15-70. Conditional assessments. In addition to
11399	11399	4 payments under one of the Schedule of Assessments 1 through 13
11400	11400	5 of this Act, the court shall also order payment of any of the
11401	11401	6 following conditional assessment amounts for each sentenced
11402	11402	7 violation in the case to which a conditional assessment is
11403	11403	8 applicable, which shall be collected and remitted by the Clerk
11404	11404	9 of the Circuit Court as provided in this Section:
11405	11405	10 (1) arson, residential arson, or aggravated arson,
11406	11406	11 $500 per conviction to the State Treasurer for deposit
11407	11407	12 into the Fire Prevention Fund;
11408	11408	13 (2) child pornography under Section 11-20.1 of the
11409	11409	14 Criminal Code of 1961 or the Criminal Code of 2012, $500
11410	11410	15 per conviction, unless more than one agency is responsible
11411	11411	16 for the arrest in which case the amount shall be remitted
11412	11412	17 to each unit of government equally:
11413	11413	18 (A) if the arresting agency is an agency of a unit
11414	11414	19 of local government, $500 to the treasurer of the unit
11415	11415	20 of local government for deposit into the unit of local
11416	11416	21 government's General Fund, except that if the Illinois
11417	11417	22 State Police provides digital or electronic forensic
11418	11418	23 examination assistance, or both, to the arresting
11419	11419	24 agency then $100 to the State Treasurer for deposit
11420	11420	25 into the State Crime Laboratory Fund; or
11421	11421
11422	11422
11423	11423
11424	11424
11425	11425
11426	11426	HB3575 - 319 - LRB103 29826 RLC 56234 b
11427	11427
11428	11428
11429	11429	HB3575- 320 -LRB103 29826 RLC 56234 b HB3575 - 320 - LRB103 29826 RLC 56234 b
11430	11430	HB3575 - 320 - LRB103 29826 RLC 56234 b
11431	11431	1 (B) if the arresting agency is the Illinois State
11432	11432	2 Police, $500 to the State Treasurer for deposit into
11433	11433	3 the State Crime Laboratory Fund;
11434	11434	4 (3) crime laboratory drug analysis for a drug-related
11435	11435	5 offense involving possession or delivery of cannabis or
11436	11436	6 possession or delivery of a controlled substance as
11437	11437	7 defined in the Cannabis Control Act, the Illinois
11438	11438	8 Controlled Substances Act, or the Methamphetamine Control
11439	11439	9 and Community Protection Act, $100 reimbursement for
11440	11440	10 laboratory analysis, as set forth in subsection (f) of
11441	11441	11 Section 5-9-1.4 of the Unified Code of Corrections;
11442	11442	12 (4) DNA analysis, $250 on each conviction in which it
11443	11443	13 was used to the State Treasurer for deposit into the State
11444	11444	14 Crime Laboratory Fund as set forth in Section 5-9-1.4 of
11445	11445	15 the Unified Code of Corrections;
11446	11446	16 (5) DUI analysis, $150 on each sentenced violation in
11447	11447	17 which it was used as set forth in subsection (f) of Section
11448	11448	18 5-9-1.9 of the Unified Code of Corrections;
11449	11449	19 (6) drug-related offense involving possession or
11450	11450	20 delivery of cannabis or possession or delivery of a
11451	11451	21 controlled substance, other than methamphetamine, as
11452	11452	22 defined in the Cannabis Control Act or the Illinois
11453	11453	23 Controlled Substances Act, an amount not less than the
11454	11454	24 full street value of the cannabis or controlled substance
11455	11455	25 seized for each conviction to be disbursed as follows:
11456	11456	26 (A) 12.5% of the street value assessment shall be
11457	11457
11458	11458
11459	11459
11460	11460
11461	11461
11462	11462	HB3575 - 320 - LRB103 29826 RLC 56234 b
11463	11463
11464	11464
11465	11465	HB3575- 321 -LRB103 29826 RLC 56234 b HB3575 - 321 - LRB103 29826 RLC 56234 b
11466	11466	HB3575 - 321 - LRB103 29826 RLC 56234 b
11467	11467	1 paid into the Youth Drug Abuse Prevention Fund, to be
11468	11468	2 used by the Department of Human Services for the
11469	11469	3 funding of programs and services for drug-abuse
11470	11470	4 treatment, and prevention and education services;
11471	11471	5 (B) 37.5% to the county in which the charge was
11472	11472	6 prosecuted, to be deposited into the county General
11473	11473	7 Fund;
11474	11474	8 (C) 50% to the treasurer of the arresting law
11475	11475	9 enforcement agency of the municipality or county, or
11476	11476	10 to the State Treasurer if the arresting agency was a
11477	11477	11 state agency, to be deposited as provided in
11478	11478	12 subsection (c) of Section 10-5;
11479	11479	13 (D) if the arrest was made in combination with
11480	11480	14 multiple law enforcement agencies, the clerk shall
11481	11481	15 equitably allocate the portion in subparagraph (C) of
11482	11482	16 this paragraph (6) among the law enforcement agencies
11483	11483	17 involved in the arrest;
11484	11484	18 (6.5) Kane County or Will County, in felony,
11485	11485	19 misdemeanor, local or county ordinance, traffic, or
11486	11486	20 conservation cases, up to $30 as set by the county board
11487	11487	21 under Section 5-1101.3 of the Counties Code upon the entry
11488	11488	22 of a judgment of conviction, an order of supervision, or a
11489	11489	23 sentence of probation without entry of judgment under
11490	11490	24 Section 10 of the Cannabis Control Act, Section 410 of the
11491	11491	25 Illinois Controlled Substances Act, Section 70 of the
11492	11492	26 Methamphetamine Control and Community Protection Act,
11493	11493
11494	11494
11495	11495
11496	11496
11497	11497
11498	11498	HB3575 - 321 - LRB103 29826 RLC 56234 b
11499	11499
11500	11500
11501	11501	HB3575- 322 -LRB103 29826 RLC 56234 b HB3575 - 322 - LRB103 29826 RLC 56234 b
11502	11502	HB3575 - 322 - LRB103 29826 RLC 56234 b
11503	11503	1 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
11504	11504	2 the Criminal Code of 1961 or the Criminal Code of 2012,
11505	11505	3 Section 10-102 of the Illinois Alcoholism and Other Drug
11506	11506	4 Dependency Act, or Section 10 of the Steroid Control Act;
11507	11507	5 except in local or county ordinance, traffic, and
11508	11508	6 conservation cases, if fines are paid in full without a
11509	11509	7 court appearance, then the assessment shall not be imposed
11510	11510	8 or collected. Distribution of assessments collected under
11511	11511	9 this paragraph (6.5) shall be as provided in Section
11512	11512	10 5-1101.3 of the Counties Code;
11513	11513	11 (7) methamphetamine-related offense involving
11514	11514	12 possession or delivery of methamphetamine or any salt of
11515	11515	13 an optical isomer of methamphetamine or possession of a
11516	11516	14 methamphetamine manufacturing material as set forth in
11517	11517	15 Section 10 of the Methamphetamine Control and Community
11518	11518	16 Protection Act with the intent to manufacture a substance
11519	11519	17 containing methamphetamine or salt of an optical isomer of
11520	11520	18 methamphetamine, an amount not less than the full street
11521	11521	19 value of the methamphetamine or salt of an optical isomer
11522	11522	20 of methamphetamine or methamphetamine manufacturing
11523	11523	21 materials seized for each conviction to be disbursed as
11524	11524	22 follows:
11525	11525	23 (A) 12.5% of the street value assessment shall be
11526	11526	24 paid into the Youth Drug Abuse Prevention Fund, to be
11527	11527	25 used by the Department of Human Services for the
11528	11528	26 funding of programs and services for drug-abuse
11529	11529
11530	11530
11531	11531
11532	11532
11533	11533
11534	11534	HB3575 - 322 - LRB103 29826 RLC 56234 b
11535	11535
11536	11536
11537	11537	HB3575- 323 -LRB103 29826 RLC 56234 b HB3575 - 323 - LRB103 29826 RLC 56234 b
11538	11538	HB3575 - 323 - LRB103 29826 RLC 56234 b
11539	11539	1 treatment, and prevention and education services;
11540	11540	2 (B) 37.5% to the county in which the charge was
11541	11541	3 prosecuted, to be deposited into the county General
11542	11542	4 Fund;
11543	11543	5 (C) 50% to the treasurer of the arresting law
11544	11544	6 enforcement agency of the municipality or county, or
11545	11545	7 to the State Treasurer if the arresting agency was a
11546	11546	8 state agency, to be deposited as provided in
11547	11547	9 subsection (c) of Section 10-5;
11548	11548	10 (D) if the arrest was made in combination with
11549	11549	11 multiple law enforcement agencies, the clerk shall
11550	11550	12 equitably allocate the portion in subparagraph (C) of
11551	11551	13 this paragraph (6) among the law enforcement agencies
11552	11552	14 involved in the arrest;
11553	11553	15 (8) order of protection violation under Section 12-3.4
11554	11554	16 of the Criminal Code of 2012, $200 for each conviction to
11555	11555	17 the county treasurer for deposit into the Probation and
11556	11556	18 Court Services Fund for implementation of a domestic
11557	11557	19 violence surveillance program and any other assessments or
11558	11558	20 fees imposed under Section 5-9-1.16 of the Unified Code of
11559	11559	21 Corrections;
11560	11560	22 (9) order of protection violation, $25 for each
11561	11561	23 violation to the State Treasurer, for deposit into the
11562	11562	24 Domestic Violence Abuser Services Fund;
11563	11563	25 (10) prosecution by the State's Attorney of a:
11564	11564	26 (A) petty or business offense, $4 to the county
11565	11565
11566	11566
11567	11567
11568	11568
11569	11569
11570	11570	HB3575 - 323 - LRB103 29826 RLC 56234 b
11571	11571
11572	11572
11573	11573	HB3575- 324 -LRB103 29826 RLC 56234 b HB3575 - 324 - LRB103 29826 RLC 56234 b
11574	11574	HB3575 - 324 - LRB103 29826 RLC 56234 b
11575	11575	1 treasurer of which $2 deposited into the State's
11576	11576	2 Attorney Records Automation Fund and $2 into the
11577	11577	3 Public Defender Records Automation Fund;
11578	11578	4 (B) conservation or traffic offense, $2 to the
11579	11579	5 county treasurer for deposit into the State's Attorney
11580	11580	6 Records Automation Fund;
11581	11581	7 (11) speeding in a construction zone violation, $250
11582	11582	8 to the State Treasurer for deposit into the Transportation
11583	11583	9 Safety Highway Hire-back Fund, unless (i) the violation
11584	11584	10 occurred on a highway other than an interstate highway and
11585	11585	11 (ii) a county police officer wrote the ticket for the
11586	11586	12 violation, in which case to the county treasurer for
11587	11587	13 deposit into that county's Transportation Safety Highway
11588	11588	14 Hire-back Fund;
11589	11589	15 (12) supervision disposition on an offense under the
11590	11590	16 Illinois Vehicle Code or similar provision of a local
11591	11591	17 ordinance, 50 cents, unless waived by the court, into the
11592	11592	18 Prisoner Review Board Vehicle and Equipment Fund;
11593	11593	19 (13) victim and offender are family or household
11594	11594	20 members as defined in Section 103 of the Illinois Domestic
11595	11595	21 Violence Act of 1986 and offender pleads guilty or no
11596	11596	22 contest to or is convicted of murder, voluntary
11597	11597	23 manslaughter, involuntary manslaughter, burglary,
11598	11598	24 residential burglary, criminal trespass to residence,
11599	11599	25 criminal trespass to vehicle, criminal trespass to land,
11600	11600	26 criminal damage to property, telephone harassment,
11601	11601
11602	11602
11603	11603
11604	11604
11605	11605
11606	11606	HB3575 - 324 - LRB103 29826 RLC 56234 b
11607	11607
11608	11608
11609	11609	HB3575- 325 -LRB103 29826 RLC 56234 b HB3575 - 325 - LRB103 29826 RLC 56234 b
11610	11610	HB3575 - 325 - LRB103 29826 RLC 56234 b
11611	11611	1 kidnapping, aggravated kidnaping, unlawful restraint,
11612	11612	2 forcible detention, child abduction, indecent solicitation
11613	11613	3 of a child, sexual relations between siblings,
11614	11614	4 exploitation of a child, child pornography, assault,
11615	11615	5 aggravated assault, battery, aggravated battery, heinous
11616	11616	6 battery, aggravated battery of a child, domestic battery,
11617	11617	7 reckless conduct, intimidation, criminal sexual assault,
11618	11618	8 predatory criminal sexual assault of a child, aggravated
11619	11619	9 criminal sexual assault, criminal sexual abuse, aggravated
11620	11620	10 criminal sexual abuse, violation of an order of
11621	11621	11 protection, disorderly conduct, endangering the life or
11622	11622	12 health of a child, child abandonment, contributing to
11623	11623	13 dependency or neglect of child, or cruelty to children and
11624	11624	14 others, $200 for each sentenced violation to the State
11625	11625	15 Treasurer for deposit as follows: (i) for sexual assault,
11626	11626	16 as defined in Section 5-9-1.7 of the Unified Code of
11627	11627	17 Corrections, when the offender and victim are family
11628	11628	18 members, one-half to the Domestic Violence Shelter and
11629	11629	19 Service Fund, and one-half to the Sexual Assault Services
11630	11630	20 Fund; (ii) for the remaining offenses to the Domestic
11631	11631	21 Violence Shelter and Service Fund;
11632	11632	22 (14) violation of Section 11-501 of the Illinois
11633	11633	23 Vehicle Code, Section 5-7 of the Snowmobile Registration
11634	11634	24 and Safety Act, Section 5-16 of the Boat Registration and
11635	11635	25 Safety Act, or a similar provision, whose operation of a
11636	11636	26 motor vehicle, snowmobile, or watercraft while in
11637	11637
11638	11638
11639	11639
11640	11640
11641	11641
11642	11642	HB3575 - 325 - LRB103 29826 RLC 56234 b
11643	11643
11644	11644
11645	11645	HB3575- 326 -LRB103 29826 RLC 56234 b HB3575 - 326 - LRB103 29826 RLC 56234 b
11646	11646	HB3575 - 326 - LRB103 29826 RLC 56234 b
11647	11647	1 violation of Section 11-501, Section 5-7 of the Snowmobile
11648	11648	2 Registration and Safety Act, Section 5-16 of the Boat
11649	11649	3 Registration and Safety Act, or a similar provision
11650	11650	4 proximately caused an incident resulting in an appropriate
11651	11651	5 emergency response, $1,000 maximum to the public agency
11652	11652	6 that provided an emergency response related to the
11653	11653	7 person's violation, or as provided in subsection (c) of
11654	11654	8 Section 10-5 if the arresting agency was a State agency,
11655	11655	9 unless more than one agency was responsible for the
11656	11656	10 arrest, in which case the amount shall be remitted to each
11657	11657	11 unit of government equally;
11658	11658	12 (15) violation of Section 401, 407, or 407.2 of the
11659	11659	13 Illinois Controlled Substances Act that proximately caused
11660	11660	14 any incident resulting in an appropriate drug-related
11661	11661	15 emergency response, $1,000 as reimbursement for the
11662	11662	16 emergency response to the law enforcement agency that made
11663	11663	17 the arrest, or as provided in subsection (c) of Section
11664	11664	18 10-5 if the arresting agency was a State agency, unless
11665	11665	19 more than one agency was responsible for the arrest, in
11666	11666	20 which case the amount shall be remitted to each unit of
11667	11667	21 government equally;
11668	11668	22 (16) violation of reckless driving, aggravated
11669	11669	23 reckless driving, or driving 26 miles per hour or more in
11670	11670	24 excess of the speed limit that triggered an emergency
11671	11671	25 response, $1,000 maximum reimbursement for the emergency
11672	11672	26 response to be distributed in its entirety to a public
11673	11673
11674	11674
11675	11675
11676	11676
11677	11677
11678	11678	HB3575 - 326 - LRB103 29826 RLC 56234 b
11679	11679
11680	11680
11681	11681	HB3575- 327 -LRB103 29826 RLC 56234 b HB3575 - 327 - LRB103 29826 RLC 56234 b
11682	11682	HB3575 - 327 - LRB103 29826 RLC 56234 b
11683	11683	1 agency that provided an emergency response related to the
11684	11684	2 person's violation, or as provided in subsection (c) of
11685	11685	3 Section 10-5 if the arresting agency was a State agency,
11686	11686	4 unless more than one agency was responsible for the
11687	11687	5 arrest, in which case the amount shall be remitted to each
11688	11688	6 unit of government equally;
11689	11689	7 (17) violation based upon each plea of guilty,
11690	11690	8 stipulation of facts, or finding of guilt resulting in a
11691	11691	9 judgment of conviction or order of supervision for an
11692	11692	10 offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
11693	11693	11 the Criminal Code of 2012 that results in the imposition
11694	11694	12 of a fine, to be distributed as follows:
11695	11695	13 (A) $50 to the county treasurer for deposit into
11696	11696	14 the Circuit Court Clerk Operation and Administrative
11697	11697	15 Fund to cover the costs in administering this
11698	11698	16 paragraph (17);
11699	11699	17 (B) $300 to the State Treasurer who shall deposit
11700	11700	18 the portion as follows:
11701	11701	19 (i) if the arresting or investigating agency
11702	11702	20 is the Illinois State Police, into the State
11703	11703	21 Police Law Enforcement Administration Fund;
11704	11704	22 (ii) if the arresting or investigating agency
11705	11705	23 is the Department of Natural Resources, into the
11706	11706	24 Conservation Police Operations Assistance Fund;
11707	11707	25 (iii) if the arresting or investigating agency
11708	11708	26 is the Secretary of State, into the Secretary of
11709	11709
11710	11710
11711	11711
11712	11712
11713	11713
11714	11714	HB3575 - 327 - LRB103 29826 RLC 56234 b
11715	11715
11716	11716
11717	11717	HB3575- 328 -LRB103 29826 RLC 56234 b HB3575 - 328 - LRB103 29826 RLC 56234 b
11718	11718	HB3575 - 328 - LRB103 29826 RLC 56234 b
11719	11719	1 State Police Services Fund;
11720	11720	2 (iv) if the arresting or investigating agency
11721	11721	3 is the Illinois Commerce Commission, into the
11722	11722	4 Transportation Regulatory Fund; or
11723	11723	5 (v) if more than one of the State agencies in
11724	11724	6 this subparagraph (B) is the arresting or
11725	11725	7 investigating agency, then equal shares with the
11726	11726	8 shares deposited as provided in the applicable
11727	11727	9 items (i) through (iv) of this subparagraph (B);
11728	11728	10 and
11729	11729	11 (C) the remainder for deposit into the Specialized
11730	11730	12 Services for Survivors of Human Trafficking Fund;
11731	11731	13 (18) weapons violation under Section 24-1.1, 24-1.2,
11732	11732	14 or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
11733	11733	15 of 2012, $100 for each conviction to the State Treasurer
11734	11734	16 for deposit into the Trauma Center Fund; and
11735	11735	17 (19) violation of subsection (c) of Section 11-907 of
11736	11736	18 the Illinois Vehicle Code, $250 to the State Treasurer for
11737	11737	19 deposit into the Scott's Law Fund, unless a county or
11738	11738	20 municipal police officer wrote the ticket for the
11739	11739	21 violation, in which case to the county treasurer for
11740	11740	22 deposit into that county's or municipality's
11741	11741	23 Transportation Safety Highway Hire-back Fund to be used as
11742	11742	24 provided in subsection (j) of Section 11-907 of the
11743	11743	25 Illinois Vehicle Code.
11744	11744	26 (Source: P.A. 101-173, eff. 1-1-20; 101-636, eff. 6-10-20;
11745	11745
11746	11746
11747	11747
11748	11748
11749	11749
11750	11750	HB3575 - 328 - LRB103 29826 RLC 56234 b
11751	11751
11752	11752
11753	11753	HB3575- 329 -LRB103 29826 RLC 56234 b HB3575 - 329 - LRB103 29826 RLC 56234 b
11754	11754	HB3575 - 329 - LRB103 29826 RLC 56234 b
11755	11755	1 102-145, eff. 7-23-21; 102-505, eff. 8-20-21; 102-538, eff.
11756	11756	2 8-20-21; 102-813, eff. 5-13-22.)
11757	11757	3 Section 100. The Unified Code of Corrections is amended by
11758	11758	4 changing Section 5-9-1.2 as follows:
11759	11759	5 (730 ILCS 5/5-9-1.2) (from Ch. 38, par. 1005-9-1.2)
11760	11760	6 Sec. 5-9-1.2. (a) Twelve and one-half percent of all
11761	11761	7 amounts collected as fines pursuant to Section 5-9-1.1 shall
11762	11762	8 be paid into the Youth Drug Abuse Prevention Fund, which is
11763	11763	9 hereby created in the State treasury, to be used by the
11764	11764	10 Department of Human Services for the funding of programs and
11765	11765	11 services for drug-abuse treatment, and prevention and
11766	11766	12 education services, for juveniles.
11767	11767	13 (b) Eighty-seven and one-half percent of the proceeds of
11768	11768	14 all fines received pursuant to Section 5-9-1.1 shall be
11769	11769	15 transmitted to and deposited in the treasurer's office at the
11770	11770	16 level of government as follows:
11771	11771	17 (1) If such seizure was made by a combination of law
11772	11772	18 enforcement personnel representing differing units of
11773	11773	19 local government, the court levying the fine shall
11774	11774	20 equitably allocate 50% of the fine among these units of
11775	11775	21 local government and shall allocate 37 1/2% to the county
11776	11776	22 general corporate fund. In the event that the seizure was
11777	11777	23 made by law enforcement personnel representing a unit of
11778	11778	24 local government from a municipality where the number of
11779	11779
11780	11780
11781	11781
11782	11782
11783	11783
11784	11784	HB3575 - 329 - LRB103 29826 RLC 56234 b
11785	11785
11786	11786
11787	11787	HB3575- 330 -LRB103 29826 RLC 56234 b HB3575 - 330 - LRB103 29826 RLC 56234 b
11788	11788	HB3575 - 330 - LRB103 29826 RLC 56234 b
11789	11789	1 inhabitants exceeds 2 million in population, the court
11790	11790	2 levying the fine shall allocate 87 1/2% of the fine to that
11791	11791	3 unit of local government. If the seizure was made by a
11792	11792	4 combination of law enforcement personnel representing
11793	11793	5 differing units of local government, and at least one of
11794	11794	6 those units represents a municipality where the number of
11795	11795	7 inhabitants exceeds 2 million in population, the court
11796	11796	8 shall equitably allocate 87 1/2% of the proceeds of the
11797	11797	9 fines received among the differing units of local
11798	11798	10 government.
11799	11799	11 (2) If such seizure was made by State law enforcement
11800	11800	12 personnel, then the court shall allocate 37 1/2% to the
11801	11801	13 State treasury and 50% to the county general corporate
11802	11802	14 fund.
11803	11803	15 (3) If a State law enforcement agency in combination
11804	11804	16 with a law enforcement agency or agencies of a unit or
11805	11805	17 units of local government conducted the seizure, the court
11806	11806	18 shall equitably allocate 37 1/2% of the fines to or among
11807	11807	19 the law enforcement agency or agencies of the unit or
11808	11808	20 units of local government which conducted the seizure and
11809	11809	21 shall allocate 50% to the county general corporate fund.
11810	11810	22 (c) The proceeds of all fines allocated to the law
11811	11811	23 enforcement agency or agencies of the unit or units of local
11812	11812	24 government pursuant to subsection (b) shall be made available
11813	11813	25 to that law enforcement agency as expendable receipts for use
11814	11814	26 in the enforcement of laws regulating controlled substances
11815	11815
11816	11816
11817	11817
11818	11818
11819	11819
11820	11820	HB3575 - 330 - LRB103 29826 RLC 56234 b
11821	11821
11822	11822
11823	11823	HB3575- 331 -LRB103 29826 RLC 56234 b HB3575 - 331 - LRB103 29826 RLC 56234 b
11824	11824	HB3575 - 331 - LRB103 29826 RLC 56234 b
11825	11825	1 and cannabis. The proceeds of fines awarded to the State
11826	11826	2 treasury shall be deposited in a special fund known as the Drug
11827	11827	3 Traffic Prevention Fund. Monies from this fund may be used by
11828	11828	4 the Illinois State Police for use in the enforcement of laws
11829	11829	5 regulating controlled substances and cannabis; to satisfy
11830	11830	6 funding provisions of the Intergovernmental Drug Laws
11831	11831	7 Enforcement Act; and to defray costs and expenses associated
11832	11832	8 with returning violators of the Cannabis Control Act, the
11833	11833	9 Illinois Controlled Substances Act, and the Methamphetamine
11834	11834	10 Control and Community Protection Act only, as provided in
11835	11835	11 those Acts, when punishment of the crime shall be confinement
11836	11836	12 of the criminal in the penitentiary. Moneys in the Drug
11837	11837	13 Traffic Prevention Fund deposited from fines awarded as a
11838	11838	14 direct result of enforcement efforts of the Illinois
11839	11839	15 Conservation Police may be used by the Department of Natural
11840	11840	16 Resources Office of Law Enforcement for use in enforcing laws
11841	11841	17 regulating controlled substances and cannabis on Department of
11842	11842	18 Natural Resources regulated lands and waterways. All other
11843	11843	19 monies shall be paid into the general revenue fund in the State
11844	11844	20 treasury.
11845	11845	21 (d) There is created in the State treasury the
11846	11846	22 Methamphetamine Law Enforcement Fund. Moneys in the Fund shall
11847	11847	23 be equitably allocated to local law enforcement agencies to:
11848	11848	24 (1) reimburse those agencies for the costs of securing and
11849	11849	25 cleaning up sites and facilities used for the illegal
11850	11850	26 manufacture of methamphetamine; (2) defray the costs of
11851	11851
11852	11852
11853	11853
11854	11854
11855	11855
11856	11856	HB3575 - 331 - LRB103 29826 RLC 56234 b
11857	11857
11858	11858
11859	11859	HB3575- 332 -LRB103 29826 RLC 56234 b HB3575 - 332 - LRB103 29826 RLC 56234 b
11860	11860	HB3575 - 332 - LRB103 29826 RLC 56234 b
11861	11861	1 employing full-time or part-time peace officers from a
11862	11862	2 Metropolitan Enforcement Group or other local drug task force,
11863	11863	3 including overtime costs for those officers; and (3) defray
11864	11864	4 the costs associated with medical or dental expenses incurred
11865	11865	5 by the county resulting from the incarceration of
11866	11866	6 methamphetamine addicts in the county jail or County
11867	11867	7 Department of Corrections.
11868	11868	8 (Source: P.A. 102-538, eff. 8-20-21.)
11869	11869	9 Section 995. No acceleration or delay. Where this Act
11870	11870	10 makes changes in a statute that is represented in this Act by
11871	11871	11 text that is not yet or no longer in effect (for example, a
11872	11872	12 Section represented by multiple versions), the use of that
11873	11873	13 text does not accelerate or delay the taking effect of (i) the
11874	11874	14 changes made by this Act or (ii) provisions derived from any
11875	11875	15 other Public Act.
11876	11876	16 Section 999. Effective date. This Act takes effect October
11877	11877	17 1, 2023.
11878	11878	HB3575- 333 -LRB103 29826 RLC 56234 b 1 INDEX 2 Statutes amended in order of appearance 3 15 ILCS 335/4D 4 20 ILCS 801/1-30 rep. 5 20 ILCS 805/536 new 6 20 ILCS 805/805-535 rep. 7 20 ILCS 805/805-537 rep. 8 20 ILCS 805/805-540 rep. 9 20 ILCS 2605/2605-25was 20 ILCS 2605/55a-1 10 20 ILCS 2605/2605-56 new 11 20 ILCS 2610/9from Ch. 121, par. 307.9 12 20 ILCS 2615/10 13 20 ILCS 4005/3from Ch. 95 1/2, par. 1303 14 30 ILCS 105/5.567 15 30 ILCS 105/5.613 16 30 ILCS 605/7from Ch. 127, par. 133b10 17 30 ILCS 610/4from Ch. 127, par. 133e4 18 40 ILCS 5/3-110.6from Ch. 108 1/2, par. 3-110.6 19 40 ILCS 5/5-236from Ch. 108 1/2, par. 5-236 20 40 ILCS 5/7-139.8from Ch. 108 1/2, par. 7-139.8 21 40 ILCS 5/9-121.10from Ch. 108 1/2, par. 9-121.10 22 40 ILCS 5/14-110from Ch. 108 1/2, par. 14-110 23 40 ILCS 5/15-134.4from Ch. 108 1/2, par. 15-134.4 24 220 ILCS 5/2-101from Ch. 111 2/3, par. 2-101 25 220 ILCS 5/2-104.5 new HB3575- 334 -LRB103 29826 RLC 56234 b 1 225 ILCS 422/452 225 ILCS 422/60 3 525 ILCS 30/24from Ch. 105, par. 724 4 625 ILCS 5/2-115from Ch. 95 1/2, par. 2-115 5 625 ILCS 5/2-116from Ch. 95 1/2, par. 2-116 6 625 ILCS 5/2-116.1 new 7 625 ILCS 5/3-209from Ch. 95 1/2, par. 3-209 8 625 ILCS 5/3-406from Ch. 95 1/2, par. 3-406 9 625 ILCS 5/3-422 10 625 ILCS 5/4-107from Ch. 95 1/2, par. 4-107 11 625 ILCS 5/5-101from Ch. 95 1/2, par. 5-101 12 625 ILCS 5/5-101.1 13 625 ILCS 5/5-102from Ch. 95 1/2, par. 5-102 14 625 ILCS 5/5-102.8 15 625 ILCS 5/5-403from Ch. 95 1/2, par. 5-403 16 625 ILCS 5/5-80317 625 ILCS 5/5-90118 625 ILCS 5/6-12119 625 ILCS 5/11-501.0120 625 ILCS 5/11-1301.3from Ch. 95 1/2, par. 11-1301.3 21 625 ILCS 5/18a-101from Ch. 95 1/2, par. 18a-101 22 625 ILCS 5/18a-101.5 new 23 625 ILCS 5/18a-200from Ch. 95 1/2, par. 18a-200 24 625 ILCS 5/18c-1104from Ch. 95 1/2, par. 18c-1104 25 625 ILCS 5/18c-1201.5 new 26 625 ILCS 5/18c-1202from Ch. 95 1/2, par. 18c-1202 HB3575- 335 -LRB103 29826 RLC 56234 b HB3575- 333 -LRB103 29826 RLC 56234 b HB3575 - 333 - LRB103 29826 RLC 56234 b 1 INDEX 2 Statutes amended in order of appearance 3 15 ILCS 335/4D 4 20 ILCS 801/1-30 rep. 5 20 ILCS 805/536 new 6 20 ILCS 805/805-535 rep. 7 20 ILCS 805/805-537 rep. 8 20 ILCS 805/805-540 rep. 9 20 ILCS 2605/2605-25 was 20 ILCS 2605/55a-1 10 20 ILCS 2605/2605-56 new 11 20 ILCS 2610/9 from Ch. 121, par. 307.9 12 20 ILCS 2615/10 13 20 ILCS 4005/3 from Ch. 95 1/2, par. 1303 14 30 ILCS 105/5.567 15 30 ILCS 105/5.613 16 30 ILCS 605/7 from Ch. 127, par. 133b10 17 30 ILCS 610/4 from Ch. 127, par. 133e4 18 40 ILCS 5/3-110.6 from Ch. 108 1/2, par. 3-110.6 19 40 ILCS 5/5-236 from Ch. 108 1/2, par. 5-236 20 40 ILCS 5/7-139.8 from Ch. 108 1/2, par. 7-139.8 21 40 ILCS 5/9-121.10 from Ch. 108 1/2, par. 9-121.10 22 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 23 40 ILCS 5/15-134.4 from Ch. 108 1/2, par. 15-134.4 24 220 ILCS 5/2-101 from Ch. 111 2/3, par. 2-101 25 220 ILCS 5/2-104.5 new HB3575- 334 -LRB103 29826 RLC 56234 b HB3575 - 334 - LRB103 29826 RLC 56234 b 1 225 ILCS 422/45 2 225 ILCS 422/60 3 525 ILCS 30/24 from Ch. 105, par. 724 4 625 ILCS 5/2-115 from Ch. 95 1/2, par. 2-115 5 625 ILCS 5/2-116 from Ch. 95 1/2, par. 2-116 6 625 ILCS 5/2-116.1 new 7 625 ILCS 5/3-209 from Ch. 95 1/2, par. 3-209 8 625 ILCS 5/3-406 from Ch. 95 1/2, par. 3-406 9 625 ILCS 5/3-422 10 625 ILCS 5/4-107 from Ch. 95 1/2, par. 4-107 11 625 ILCS 5/5-101 from Ch. 95 1/2, par. 5-101 12 625 ILCS 5/5-101.1 13 625 ILCS 5/5-102 from Ch. 95 1/2, par. 5-102 14 625 ILCS 5/5-102.8 15 625 ILCS 5/5-403 from Ch. 95 1/2, par. 5-403 16 625 ILCS 5/5-803 17 625 ILCS 5/5-901 18 625 ILCS 5/6-121 19 625 ILCS 5/11-501.01 20 625 ILCS 5/11-1301.3 from Ch. 95 1/2, par. 11-1301.3 21 625 ILCS 5/18a-101 from Ch. 95 1/2, par. 18a-101 22 625 ILCS 5/18a-101.5 new 23 625 ILCS 5/18a-200 from Ch. 95 1/2, par. 18a-200 24 625 ILCS 5/18c-1104 from Ch. 95 1/2, par. 18c-1104 25 625 ILCS 5/18c-1201.5 new 26 625 ILCS 5/18c-1202 from Ch. 95 1/2, par. 18c-1202 HB3575- 335 -LRB103 29826 RLC 56234 b HB3575 - 335 - LRB103 29826 RLC 56234 b
11879	11879	HB3575- 333 -LRB103 29826 RLC 56234 b HB3575 - 333 - LRB103 29826 RLC 56234 b
11880	11880	HB3575 - 333 - LRB103 29826 RLC 56234 b
11881	11881	1 INDEX
11882	11882	2 Statutes amended in order of appearance
11883	11883	3 15 ILCS 335/4D
11884	11884	4 20 ILCS 801/1-30 rep.
11885	11885	5 20 ILCS 805/536 new
11886	11886	6 20 ILCS 805/805-535 rep.
11887	11887	7 20 ILCS 805/805-537 rep.
11888	11888	8 20 ILCS 805/805-540 rep.
11889	11889	9 20 ILCS 2605/2605-25 was 20 ILCS 2605/55a-1
11890	11890	10 20 ILCS 2605/2605-56 new
11891	11891	11 20 ILCS 2610/9 from Ch. 121, par. 307.9
11892	11892	12 20 ILCS 2615/10
11893	11893	13 20 ILCS 4005/3 from Ch. 95 1/2, par. 1303
11894	11894	14 30 ILCS 105/5.567
11895	11895	15 30 ILCS 105/5.613
11896	11896	16 30 ILCS 605/7 from Ch. 127, par. 133b10
11897	11897	17 30 ILCS 610/4 from Ch. 127, par. 133e4
11898	11898	18 40 ILCS 5/3-110.6 from Ch. 108 1/2, par. 3-110.6
11899	11899	19 40 ILCS 5/5-236 from Ch. 108 1/2, par. 5-236
11900	11900	20 40 ILCS 5/7-139.8 from Ch. 108 1/2, par. 7-139.8
11901	11901	21 40 ILCS 5/9-121.10 from Ch. 108 1/2, par. 9-121.10
11902	11902	22 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
11903	11903	23 40 ILCS 5/15-134.4 from Ch. 108 1/2, par. 15-134.4
11904	11904	24 220 ILCS 5/2-101 from Ch. 111 2/3, par. 2-101
11905	11905	25 220 ILCS 5/2-104.5 new
11906	11906	HB3575- 334 -LRB103 29826 RLC 56234 b HB3575 - 334 - LRB103 29826 RLC 56234 b
11907	11907	HB3575 - 334 - LRB103 29826 RLC 56234 b
11908	11908	1 225 ILCS 422/45
11909	11909	2 225 ILCS 422/60
11910	11910	3 525 ILCS 30/24 from Ch. 105, par. 724
11911	11911	4 625 ILCS 5/2-115 from Ch. 95 1/2, par. 2-115
11912	11912	5 625 ILCS 5/2-116 from Ch. 95 1/2, par. 2-116
11913	11913	6 625 ILCS 5/2-116.1 new
11914	11914	7 625 ILCS 5/3-209 from Ch. 95 1/2, par. 3-209
11915	11915	8 625 ILCS 5/3-406 from Ch. 95 1/2, par. 3-406
11916	11916	9 625 ILCS 5/3-422
11917	11917	10 625 ILCS 5/4-107 from Ch. 95 1/2, par. 4-107
11918	11918	11 625 ILCS 5/5-101 from Ch. 95 1/2, par. 5-101
11919	11919	12 625 ILCS 5/5-101.1
11920	11920	13 625 ILCS 5/5-102 from Ch. 95 1/2, par. 5-102
11921	11921	14 625 ILCS 5/5-102.8
11922	11922	15 625 ILCS 5/5-403 from Ch. 95 1/2, par. 5-403
11923	11923	16 625 ILCS 5/5-803
11924	11924	17 625 ILCS 5/5-901
11925	11925	18 625 ILCS 5/6-121
11926	11926	19 625 ILCS 5/11-501.01
11927	11927	20 625 ILCS 5/11-1301.3 from Ch. 95 1/2, par. 11-1301.3
11928	11928	21 625 ILCS 5/18a-101 from Ch. 95 1/2, par. 18a-101
11929	11929	22 625 ILCS 5/18a-101.5 new
11930	11930	23 625 ILCS 5/18a-200 from Ch. 95 1/2, par. 18a-200
11931	11931	24 625 ILCS 5/18c-1104 from Ch. 95 1/2, par. 18c-1104
11932	11932	25 625 ILCS 5/18c-1201.5 new
11933	11933	26 625 ILCS 5/18c-1202 from Ch. 95 1/2, par. 18c-1202
11934	11934	HB3575- 335 -LRB103 29826 RLC 56234 b HB3575 - 335 - LRB103 29826 RLC 56234 b
11935	11935	HB3575 - 335 - LRB103 29826 RLC 56234 b
11936	11936
11937	11937
11938	11938
11939	11939
11940	11940
11941	11941	HB3575 - 332 - LRB103 29826 RLC 56234 b
11942	11942
11943	11943
11944	11944
11945	11945	HB3575- 333 -LRB103 29826 RLC 56234 b HB3575 - 333 - LRB103 29826 RLC 56234 b
11946	11946	HB3575 - 333 - LRB103 29826 RLC 56234 b
11947	11947	1 INDEX
11948	11948	2 Statutes amended in order of appearance
11949	11949	3 15 ILCS 335/4D
11950	11950	4 20 ILCS 801/1-30 rep.
11951	11951	5 20 ILCS 805/536 new
11952	11952	6 20 ILCS 805/805-535 rep.
11953	11953	7 20 ILCS 805/805-537 rep.
11954	11954	8 20 ILCS 805/805-540 rep.
11955	11955	9 20 ILCS 2605/2605-25 was 20 ILCS 2605/55a-1
11956	11956	10 20 ILCS 2605/2605-56 new
11957	11957	11 20 ILCS 2610/9 from Ch. 121, par. 307.9
11958	11958	12 20 ILCS 2615/10
11959	11959	13 20 ILCS 4005/3 from Ch. 95 1/2, par. 1303
11960	11960	14 30 ILCS 105/5.567
11961	11961	15 30 ILCS 105/5.613
11962	11962	16 30 ILCS 605/7 from Ch. 127, par. 133b10
11963	11963	17 30 ILCS 610/4 from Ch. 127, par. 133e4
11964	11964	18 40 ILCS 5/3-110.6 from Ch. 108 1/2, par. 3-110.6
11965	11965	19 40 ILCS 5/5-236 from Ch. 108 1/2, par. 5-236
11966	11966	20 40 ILCS 5/7-139.8 from Ch. 108 1/2, par. 7-139.8
11967	11967	21 40 ILCS 5/9-121.10 from Ch. 108 1/2, par. 9-121.10
11968	11968	22 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
11969	11969	23 40 ILCS 5/15-134.4 from Ch. 108 1/2, par. 15-134.4
11970	11970	24 220 ILCS 5/2-101 from Ch. 111 2/3, par. 2-101
11971	11971	25 220 ILCS 5/2-104.5 new
11972	11972
11973	11973
11974	11974
11975	11975
11976	11976
11977	11977	HB3575 - 333 - LRB103 29826 RLC 56234 b
11978	11978
11979	11979
11980	11980	HB3575- 334 -LRB103 29826 RLC 56234 b HB3575 - 334 - LRB103 29826 RLC 56234 b
11981	11981	HB3575 - 334 - LRB103 29826 RLC 56234 b
11982	11982	1 225 ILCS 422/45
11983	11983	2 225 ILCS 422/60
11984	11984	3 525 ILCS 30/24 from Ch. 105, par. 724
11985	11985	4 625 ILCS 5/2-115 from Ch. 95 1/2, par. 2-115
11986	11986	5 625 ILCS 5/2-116 from Ch. 95 1/2, par. 2-116
11987	11987	6 625 ILCS 5/2-116.1 new
11988	11988	7 625 ILCS 5/3-209 from Ch. 95 1/2, par. 3-209
11989	11989	8 625 ILCS 5/3-406 from Ch. 95 1/2, par. 3-406
11990	11990	9 625 ILCS 5/3-422
11991	11991	10 625 ILCS 5/4-107 from Ch. 95 1/2, par. 4-107
11992	11992	11 625 ILCS 5/5-101 from Ch. 95 1/2, par. 5-101
11993	11993	12 625 ILCS 5/5-101.1
11994	11994	13 625 ILCS 5/5-102 from Ch. 95 1/2, par. 5-102
11995	11995	14 625 ILCS 5/5-102.8
11996	11996	15 625 ILCS 5/5-403 from Ch. 95 1/2, par. 5-403
11997	11997	16 625 ILCS 5/5-803
11998	11998	17 625 ILCS 5/5-901
11999	11999	18 625 ILCS 5/6-121
12000	12000	19 625 ILCS 5/11-501.01
12001	12001	20 625 ILCS 5/11-1301.3 from Ch. 95 1/2, par. 11-1301.3
12002	12002	21 625 ILCS 5/18a-101 from Ch. 95 1/2, par. 18a-101
12003	12003	22 625 ILCS 5/18a-101.5 new
12004	12004	23 625 ILCS 5/18a-200 from Ch. 95 1/2, par. 18a-200
12005	12005	24 625 ILCS 5/18c-1104 from Ch. 95 1/2, par. 18c-1104
12006	12006	25 625 ILCS 5/18c-1201.5 new
12007	12007	26 625 ILCS 5/18c-1202 from Ch. 95 1/2, par. 18c-1202
12008	12008
12009	12009
12010	12010
12011	12011
12012	12012
12013	12013	HB3575 - 334 - LRB103 29826 RLC 56234 b
12014	12014
12015	12015
12016	12016	HB3575- 335 -LRB103 29826 RLC 56234 b HB3575 - 335 - LRB103 29826 RLC 56234 b
12017	12017	HB3575 - 335 - LRB103 29826 RLC 56234 b
12018	12018
12019	12019
12020	12020
12021	12021
12022	12022
12023	12023	HB3575 - 335 - LRB103 29826 RLC 56234 b