Bill Text: IL HB2610 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Illinois Vehicle Code. Provides that the Secretary of State may implement an electronic motor vehicle liability insurance policy verification program to verify insurance coverage of motor vehicles required to be operated with liability insurance under the Code. Provides for information that an insurance company authorized to sell motor vehicle liability insurance in this State shall make available upon request to the Secretary. Provides that if the Secretary implements the program, he or she shall verify insurance coverage at least twice per calendar year and, if unable to verify coverage, shall provide the vehicle owner written notice allowing the owner 30 calendar days to provide proof of insurance on the date of the attempted verification or proof that the vehicle is inoperable. If the vehicle owner provides proof of insurance, the Secretary may verify the proof with the vehicle owner's insurance company. If the vehicle owner fails to respond to the notice or is unable to provide proof of coverage or proof that the vehicle is inoperable, the Secretary shall suspend the vehicle's registration. Amends the Freedom of Information Act. Makes conforming changes. Amends the Illinois Motor Vehicle Theft Prevention Act. Changes the title of the Act to the Illinois Motor Vehicle Theft Prevention and Insurance Verification Act. Provides that the Secretary of State shall appoint members of the Council (rather than the Governor) and the Director of the Department of State Police shall be the Chairman of the Council. Provides that the Council shall provide funding to the Secretary for the creation, implementation, and maintenance of an electronic motor vehicle liability insurance policy verification program. Makes conforming changes. Amends the State Finance Act to make conforming changes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2017-05-12 - Placed on Calendar Order of 3rd Reading May 15, 2017 [HB2610 Detail]

Download: Illinois-2017-HB2610-Engrossed.html



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

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

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

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

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

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

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

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

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

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

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

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1verification laws by establishing statewide planning
2capabilities for and coordination of financial resources.
3(Source: P.A. 86-1408.)
4 (20 ILCS 4005/3) (from Ch. 95 1/2, par. 1303)
5 (Section scheduled to be repealed on January 1, 2020)
6 Sec. 3. As used in this Act:
7 (a) (Blank). "Authority" means the Illinois Criminal
8Justice Information Authority.
9 (b) "Council" means the Illinois Motor Vehicle Theft
10Prevention and Insurance Verification Council, established
11within the Authority by this Act.
12 (b-2) "Director" means the Director of the Secretary of
13State Department of Police.
14 (b-5) "Police" means the Secretary of State Department of
15Police.
16 (b-7) "Secretary" means the Secretary of State.
17 (c) "Trust Fund" means the Motor Vehicle Theft Prevention
18and Insurance Verification Trust Fund.
19(Source: P.A. 86-1408.)
20 (20 ILCS 4005/4) (from Ch. 95 1/2, par. 1304)
21 (Section scheduled to be repealed on January 1, 2020)
22 Sec. 4. There is hereby created within the Authority an
23Illinois Motor Vehicle Theft Prevention and Insurance
24Verification Council, which shall exercise its powers, duties

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1and responsibilities independently of the Authority. There
2shall be 11 members of the Council consisting of the Secretary
3of State or his designee, the Director of the Department of
4State Police, the State's Attorney of Cook County, the
5Superintendent of the Chicago Police Department, and the
6following 7 additional members, each of whom shall be appointed
7by the Secretary of State Governor: a state's attorney of a
8county other than Cook, a chief executive law enforcement
9official from a jurisdiction other than the City of Chicago, 5
10representatives of insurers authorized to write motor vehicle
11insurance in this State, all of whom shall be domiciled in this
12State.
13 The Director Governor from time to time shall be designate
14the Chairman of the Council from the membership. All members of
15the Council appointed by the Secretary Governor shall serve at
16the discretion of the Secretary Governor for a term not to
17exceed 4 years. The initial appointed members of the Council
18shall serve from January 1, 1991 until the third Monday in
19January, 1995 or until their successors are appointed. The
20Council shall meet at least quarterly.
21(Source: P.A. 89-277, eff. 8-10-95.)
22 (20 ILCS 4005/6) (from Ch. 95 1/2, par. 1306)
23 (Section scheduled to be repealed on January 1, 2020)
24 Sec. 6. The Secretary Executive Director of the Authority
25shall employ, in accordance with the provisions of the Illinois

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1Personnel Code, such administrative, professional, clerical,
2and other personnel as may be required and may organize such
3staff as may be appropriate to effectuate the purposes of this
4Act.
5(Source: P.A. 86-1408.)
6 (20 ILCS 4005/7) (from Ch. 95 1/2, par. 1307)
7 (Section scheduled to be repealed on January 1, 2020)
8 Sec. 7. The Council shall have the following powers, duties
9and responsibilities:
10 (a) To apply for, solicit, receive, establish
11 priorities for, allocate, disburse, contract for, and
12 spend funds that are made available to the Council from any
13 source to effectuate the purposes of this Act.
14 (b) To make grants and to provide financial support for
15 federal and State agencies, units of local government,
16 corporations, and neighborhood, community and business
17 organizations to effectuate the purposes of this Act.
18 (c) To assess the scope of the problem of motor vehicle
19 theft, including particular areas of the State where the
20 problem is greatest and to conduct impact analyses of State
21 and local criminal justice policies, programs, plans and
22 methods for combating the problem.
23 (d) To develop and sponsor the implementation of
24 statewide plans and strategies to combat motor vehicle
25 theft and to improve the administration of the motor

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1 vehicle theft laws and provide an effective forum for
2 identification of critical problems associated with motor
3 vehicle theft.
4 (e) To coordinate the development, adoption and
5 implementation of plans and strategies relating to
6 interagency or intergovernmental cooperation with respect
7 to motor vehicle theft law enforcement.
8 (f) To adopt promulgate rules or regulations necessary
9 to ensure that appropriate agencies, units of government,
10 private organizations and combinations thereof are
11 included in the development and implementation of
12 strategies or plans adopted pursuant to this Act and to
13 adopt promulgate rules or regulations as may otherwise be
14 necessary to effectuate the purposes of this Act.
15 (g) To report annually, on or before January 1, 2019
16 April 1, 1992 to the Governor, General Assembly, and, upon
17 request, to members of the general public on the Council's
18 activities in the preceding year.
19 (h) To exercise any other powers that are reasonable,
20 necessary or convenient to fulfill its responsibilities,
21 to carry out and to effectuate the objectives and purposes
22 of the Council and the provisions of this Act, and to
23 comply with the requirements of applicable federal or State
24 laws, rules, or regulations; provided, however, that these
25 such powers shall not include the power to subpoena or
26 arrest.

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1 (i) To provide funding to the Secretary for the
2 creation, implementation, and maintenance of an electronic
3 motor vehicle liability insurance policy verification
4 program.
5(Source: P.A. 86-1408.)
6 (20 ILCS 4005/8) (from Ch. 95 1/2, par. 1308)
7 (Section scheduled to be repealed on January 1, 2020)
8 Sec. 8. (a) A special fund is created in the State Treasury
9known as the Motor Vehicle Theft Prevention and Insurance
10Verification Trust Fund, which shall be administered by the
11Secretary Executive Director of the Authority at the direction
12of the Council. All interest earned from the investment or
13deposit of monies accumulated in the Trust Fund shall, pursuant
14to Section 4.1 of the State Finance Act, be deposited in the
15Trust Fund.
16 (b) Money deposited in this Trust Fund shall not be
17considered general revenue of the State of Illinois.
18 (c) Money deposited in the Trust Fund shall be used only to
19enhance efforts to effectuate the purposes of this Act as
20determined by the Council and shall not be appropriated, loaned
21or in any manner transferred to the General Revenue Fund of the
22State of Illinois.
23 (d) Prior to April 1, 1991, and prior to April 1 of each
24year thereafter, each insurer engaged in writing private
25passenger motor vehicle insurance coverages which are included

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

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

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

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1repealed January 1, 2025 2020.
2(Source: P.A. 99-251, eff. 1-1-16.)
3 Section 20. The State Finance Act is amended by changing
4Sections 5 and 5.295 as follows:
5 (30 ILCS 105/5) (from Ch. 127, par. 141)
6 Sec. 5. Special funds.
7 (a) There are special funds in the State Treasury
8designated as specified in the Sections which succeed this
9Section 5 and precede Section 6.
10 (b) Except as provided in the Illinois Motor Vehicle Theft
11Prevention and Insurance Verification Act, when any special
12fund in the State Treasury is discontinued by an Act of the
13General Assembly, any balance remaining therein on the
14effective date of such Act shall be transferred to the General
15Revenue Fund, or to such other fund as such Act shall provide.
16Warrants outstanding against such discontinued fund at the time
17of the transfer of any such balance therein shall be paid out
18of the fund to which the transfer was made.
19 (c) When any special fund in the State Treasury has been
20inactive for 18 months or longer, the fund is automatically
21terminated by operation of law and the balance remaining in
22such fund shall be transferred by the Comptroller to the
23General Revenue Fund. When a special fund has been terminated
24by operation of law as provided in this Section, the General

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1Assembly shall repeal or amend all Sections of the statutes
2creating or otherwise referring to that fund.
3 The Comptroller shall be allowed the discretion to maintain
4or dissolve any federal trust fund which has been inactive for
518 months or longer.
6 (d) (Blank).
7 (e) (Blank).
8(Source: P.A. 90-372, eff. 7-1-98.)
9 (30 ILCS 105/5.295) (from Ch. 127, par. 141.295)
10 Sec. 5.295. The Motor Vehicle Theft Prevention and
11Insurance Verification Trust Fund.
12(Source: P.A. 86-1408; 86-1475.)
13 Section 25. The Illinois Vehicle Code is amended by
14changing Sections 4-109, 7-604, and 7-607 and by adding Section
157-603.5 as follows:
16 (625 ILCS 5/4-109)
17 Sec. 4-109. Motor Vehicle Theft Prevention Program. The
18Secretary of State, in conjunction with the Motor Vehicle Theft
19Prevention and Insurance Verification Council, is hereby
20authorized to establish and operate a Motor Vehicle Theft
21Prevention Program as follows:
22 (a) Voluntary program participation.
23 (b) The registered owner of a motor vehicle interested in

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1participating in the program shall sign an informed consent
2agreement designed by the Secretary of State under subsection
3(e) of this Section indicating that the motor vehicle
4registered to him is not normally operated between the hours of
51:00 a.m. and 5:00 a.m. The form and fee, if any, shall be
6submitted to the Secretary of State for processing.
7 (c) Upon processing the form, the Secretary of State shall
8issue to the registered owner a decal. The registered owner
9shall affix the decal in a conspicuous place on his motor
10vehicle as prescribed by the Secretary of State.
11 (d) Whenever any law enforcement officer shall see a motor
12vehicle displaying a decal issued under the provisions of
13subsection (c) of this Section being operated upon the public
14highways of this State between the hours of 1:00 a.m. and 5:00
15a.m., the officer is authorized to stop that motor vehicle and
16to request the driver to produce a valid driver's license and
17motor vehicle registration card if required to be carried in
18the vehicle. Whenever the operator of a motor vehicle
19displaying a decal is unable to produce the documentation set
20forth in this Section, the police officer shall investigate
21further to determine if the person operating the motor vehicle
22is the registered owner or has the authorization of the owner
23to operate the vehicle.
24 (e) The Secretary of State, in consultation with the
25Director of the Department of State Police and Motor Vehicle
26Theft Prevention and Insurance Verification Council, shall

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1design the manner and form of the informed consent agreement
2required under subsection (b) of this Section and the decal
3required under subsection (c) of this Section.
4 (f) The Secretary of State shall provide for the recording
5of registered owners of motor vehicles who participate in the
6program. The records shall be available to all law enforcement
7departments, agencies, and forces. The Secretary of State shall
8cooperate with and assist all law enforcement officers and
9other agencies in tracing or examining any questionable motor
10vehicles in order to determine the ownership of the motor
11vehicles.
12 (g) A fee not to exceed $10 may be charged for the informed
13consent form and decal provided under this Section. The fee, if
14any, shall be set by the Motor Vehicle Theft Prevention and
15Insurance Verification Council and shall be collected by the
16Secretary of State and deposited into the Motor Vehicle Theft
17Prevention and Insurance Verification Trust Fund.
18 (h) The Secretary of State, in consultation with the
19Director of the Department of State Police and the Motor
20Vehicle Theft Prevention and Insurance Verification Council
21shall promulgate rules and regulations to effectuate the
22purposes of this Section.
23(Source: P.A. 88-128; 88-684, eff. 1-24-95.)
24 (625 ILCS 5/7-603.5 new)
25 Sec. 7-603.5. Electronic verification of a liability

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

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1 (F) any other information the Secretary deems
2 necessary to match an eligible vehicle with an
3 insurance policy;
4 (2) a method for searching motor vehicle liability
5 insurance policies issued and in effect in this State by
6 using the information under paragraph (1) of this
7 subsection (a);
8 (3) a requirement that at least twice per calendar
9 year, the Secretary shall verify the existence of a
10 liability insurance policy for every registered motor
11 vehicle subject to Section 7-601 of this Code; and if the
12 Secretary is unable to verify the existence of a liability
13 insurance policy, the Secretary shall, by U.S. mail or
14 electronic mail, send the vehicle owner a written notice
15 allowing the vehicle owner 30 calendar days to provide
16 proof of insurance on the date of attempted verification,
17 or to provide proof that the vehicle is no longer operable;
18 (4) a requirement that a vehicle owner who does not
19 provide proof of insurance or proof of an inoperable
20 vehicle under paragraph (3) of this subsection (a) shall be
21 in violation of Section 7-601 of this Code and the
22 Secretary shall suspend the vehicle's registration and the
23 owner shall pay any applicable reinstatement fees and shall
24 provide proof of insurance before the Secretary may
25 reinstate the vehicle's registration under Section 7-606
26 of this Code;

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

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1owned or registered by a person:
2 (1) whose motor vehicle registration during the
3 preceding 4 years has been suspended under Section 7-606 or
4 7-607 of this Code;
5 (2) who, during the preceding 4 years, has been
6 convicted of violating Section 3-707, 3-708, or 3-710 of
7 this Code while operating a vehicle owned by another
8 person;
9 (3) whose driving privileges have been suspended
10 during the preceding 4 years;
11 (4) who, during the preceding 4 years, acquired
12 ownership of a motor vehicle while the registration of the
13 vehicle under the previous owner was suspended under
14 Section 7-606 or 7-607 of this Code; or
15 (5) who, during the preceding 4 years, has received a
16 disposition of court supervision under subsection (c) of
17 Section 5-6-1 of the Unified Code of Corrections for a
18 violation of Section 3-707, 3-708, or 3-710 of this Code.
19 (c) Nothing in this Section provides the Secretary with
20regulatory authority over insurance companies.
21 (d) The Secretary may contract with a private contractor to
22carry out the Secretary's duties under this Section.
23 (e) Any information collected, stored, maintained, or
24referred to under this Section shall be used solely for the
25purpose of verifying whether a registered motor vehicle meets
26the requirements of Section 7-601 of this Code and shall be

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1exempt from a records request or from inspection and copying
2under the Freedom of Information Act. A request for release of
3verification of liability insurance policy information from
4the Secretary shall require a court order, subpoena, or the
5motor vehicle owner's approval.
6 (f) An insurer identified by an electronic motor vehicle
7liability insurance policy program as insuring less than 1,000
8vehicles per year shall be exempt from the reporting
9requirements under subsection (a) of this Section.
10 (g) The Secretary may adopt any rules necessary to
11implement this Section.
12 (625 ILCS 5/7-604) (from Ch. 95 1/2, par. 7-604)
13 Sec. 7-604. Verification of liability insurance policy.
14 (a) The Secretary of State may select random samples of
15registrations of motor vehicles subject to Section 7-601 of
16this Code, or owners thereof, for the purpose of verifying
17whether or not the motor vehicles are insured.
18 In addition to such general random samples of motor vehicle
19registrations, the Secretary may select for verification other
20random samples, including, but not limited to registrations of
21motor vehicles owned by persons:
22 (1) whose motor vehicle registrations during the
23 preceding 4 years have been suspended pursuant to Section
24 7-606 or 7-607 of this Code;
25 (2) who during the preceding 4 years have been

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

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

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1by rule and regulation prescribe the procedures for
2verification.
3 (f) No random sample selected under this Section shall be
4categorized on the basis of race, color, religion, sex,
5national origin, ancestry, age, marital status, physical or
6mental disability, economic status or geography.
7 (g) (Blank).
8 (h) This Section shall be inoperative upon of the effective
9date of the rules adopted by the Secretary to implement Section
107-603.5 of this Code.
11(Source: P.A. 98-787, eff. 7-25-14; 99-333, eff. 12-30-15 (see
12Section 15 of P.A. 99-483 for the effective date of changes
13made by P.A. 99-333); 99-737, eff. 8-5-16.)
14 (625 ILCS 5/7-607) (from Ch. 95 1/2, par. 7-607)
15 Sec. 7-607. Submission of false proof - penalty. If the
16Secretary determines that the proof of insurance submitted by a
17motor vehicle owner under Section 7-603.5, 7-604, 7-605 or
187-606 of this Code is false, the Secretary shall suspend the
19owner's vehicle registration. The Secretary shall terminate
20the suspension 6 months after its effective date upon payment
21by the owner of a reinstatement fee of $200 and submission of
22proof of insurance as prescribed by the Secretary.
23 All fees collected under this Section shall be disbursed
24under subsection (g) of Section 2-119 of this Code.
25(Source: P.A. 99-127, eff. 1-1-16.)

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1 INDEX
2 Statutes amended in order of appearance