Public Act 100-0373

HB2610 Enrolled LRB100 06781 AXK 16828 b

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Freedom of Information Act is amended by

changing Section 7.5 as follows:

(5 ILCS 140/7.5)

Sec. 7.5. Statutory exemptions. To the extent provided for

by the statutes referenced below, the following shall be exempt

from inspection and copying:

(a) All information determined to be confidential

under Section 4002 of the Technology Advancement and

Development Act.

(b) Library circulation and order records identifying

library users with specific materials under the Library

Records Confidentiality Act.

(c) Applications, related documents, and medical

records received by the Experimental Organ Transplantation

Procedures Board and any and all documents or other records

prepared by the Experimental Organ Transplantation

Procedures Board or its staff relating to applications it

has received.

(d) Information and records held by the Department of

Public Health and its authorized representatives relating

to known or suspected cases of sexually transmissible

disease or any information the disclosure of which is

restricted under the Illinois Sexually Transmissible

Disease Control Act.

(e) Information the disclosure of which is exempted

under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of

the Architectural, Engineering, and Land Surveying

Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted

and exempted under Section 50 of the Illinois Prepaid

Tuition Act.

(h) Information the disclosure of which is exempted

under the State Officials and Employees Ethics Act, and

records of any lawfully created State or local inspector

general's office that would be exempt if created or

obtained by an Executive Inspector General's office under

that Act.

(i) Information contained in a local emergency energy

plan submitted to a municipality in accordance with a local

emergency energy plan ordinance that is adopted under

Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution

of surcharge moneys collected and remitted by wireless

carriers under the Wireless Emergency Telephone Safety

Act.

(k) Law enforcement officer identification information

or driver identification information compiled by a law

enforcement agency or the Department of Transportation

under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential

health care facility resident sexual assault and death

review team or the Executive Council under the Abuse

Prevention Review Team Act.

(m) Information provided to the predatory lending

database created pursuant to Article 3 of the Residential

Real Property Disclosure Act, except to the extent

authorized under that Article.

(n) Defense budgets and petitions for certification of

compensation and expenses for court appointed trial

counsel as provided under Sections 10 and 15 of the Capital

Crimes Litigation Act. This subsection (n) shall apply

until the conclusion of the trial of the case, even if the

prosecution chooses not to pursue the death penalty prior

to trial or sentencing.

(o) Information that is prohibited from being

disclosed under Section 4 of the Illinois Health and

Hazardous Substances Registry Act.

(p) Security portions of system safety program plans,

investigation reports, surveys, schedules, lists, data, or

information compiled, collected, or prepared by or for the

Regional Transportation Authority under Section 2.11 of

the Regional Transportation Authority Act or the St. Clair

County Transit District under the Bi-State Transit Safety

Act.

(q) Information prohibited from being disclosed by the

Personnel Records Review Act.

(r) Information prohibited from being disclosed by the

Illinois School Student Records Act.

(s) Information the disclosure of which is restricted

under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information

in the form of health data or medical records contained in,

stored in, submitted to, transferred by, or released from

the Illinois Health Information Exchange, and identified

or deidentified health information in the form of health

data and medical records of the Illinois Health Information

Exchange in the possession of the Illinois Health

Information Exchange Authority due to its administration

of the Illinois Health Information Exchange. The terms

"identified" and "deidentified" shall be given the same

meaning as in the Health Insurance Portability and

Accountability Act of 1996, Public Law 104-191, or any

subsequent amendments thereto, and any regulations

promulgated thereunder.

(u) Records and information provided to an independent

team of experts under Brian's Law.

(v) Names and information of people who have applied

for or received Firearm Owner's Identification Cards under

the Firearm Owners Identification Card Act or applied for

or received a concealed carry license under the Firearm

Concealed Carry Act, unless otherwise authorized by the

Firearm Concealed Carry Act; and databases under the

Firearm Concealed Carry Act, records of the Concealed Carry

Licensing Review Board under the Firearm Concealed Carry

Act, and law enforcement agency objections under the

Firearm Concealed Carry Act.

(w) Personally identifiable information which is

exempted from disclosure under subsection (g) of Section

19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure

under Section 5-1014.3 of the Counties Code or Section

8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult

Protective Services Act and its predecessor enabling

statute, the Elder Abuse and Neglect Act, including

information about the identity and administrative finding

against any caregiver of a verified and substantiated

decision of abuse, neglect, or financial exploitation of an

eligible adult maintained in the Registry established

under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality

review team or the Illinois Fatality Review Team Advisory

Council under Section 15 of the Adult Protective Services

Act.

(aa) Information which is exempted from disclosure

under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from

disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement

Officer-Worn Body Camera Act, except to the extent

authorized under that Act.

(dd) Information that is prohibited from being

disclosed under Section 45 of the Condominium and Common

Interest Community Ombudsperson Act.

(ee) (dd) Information that is exempted from disclosure

under Section 30.1 of the Pharmacy Practice Act.

(ff) Information that is prohibited from being

disclosed under Section 7-603.5 of the Illinois Vehicle

Code.

(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,

eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;

99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;

99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.

8-19-16; revised 9-1-16.)

Section 10. The Illinois Criminal Justice Information Act

is amended by changing Section 7 as follows:

(20 ILCS 3930/7) (from Ch. 38, par. 210-7)

Sec. 7. Powers and Duties. The Authority shall have the

following powers, duties and responsibilities:

(a) To develop and operate comprehensive information

systems for the improvement and coordination of all aspects

of law enforcement, prosecution and corrections;

(b) To define, develop, evaluate and correlate State

and local programs and projects associated with the

improvement of law enforcement and the administration of

criminal justice;

(c) To act as a central repository and clearing house

for federal, state and local research studies, plans,

projects, proposals and other information relating to all

aspects of criminal justice system improvement and to

encourage educational programs for citizen support of

State and local efforts to make such improvements;

(d) To undertake research studies to aid in

accomplishing its purposes;

(e) To monitor the operation of existing criminal

justice information systems in order to protect the

constitutional rights and privacy of individuals about

whom criminal history record information has been

collected;

(f) To provide an effective administrative forum for

the protection of the rights of individuals concerning

criminal history record information;

(g) To issue regulations, guidelines and procedures

which ensure the privacy and security of criminal history

record information consistent with State and federal laws;

(h) To act as the sole administrative appeal body in

the State of Illinois to conduct hearings and make final

determinations concerning individual challenges to the

completeness and accuracy of criminal history record

information;

(i) To act as the sole, official, criminal justice body

in the State of Illinois to conduct annual and periodic

audits of the procedures, policies, and practices of the

State central repositories for criminal history record

information to verify compliance with federal and state

laws and regulations governing such information;

(j) To advise the Authority's Statistical Analysis

Center;

(k) To apply for, receive, establish priorities for,

allocate, disburse and spend grants of funds that are made

available by and received on or after January 1, 1983 from

private sources or from the United States pursuant to the

federal Crime Control Act of 1973, as amended, and similar

federal legislation, and to enter into agreements with the

United States government to further the purposes of this

Act, or as may be required as a condition of obtaining

federal funds;

(l) To receive, expend and account for such funds of

the State of Illinois as may be made available to further

the purposes of this Act;

(m) To enter into contracts and to cooperate with units

of general local government or combinations of such units,

State agencies, and criminal justice system agencies of

other states for the purpose of carrying out the duties of

the Authority imposed by this Act or by the federal Crime

Control Act of 1973, as amended;

(n) To enter into contracts and cooperate with units of

general local government outside of Illinois, other

states' agencies, and private organizations outside of

Illinois to provide computer software or design that has

been developed for the Illinois criminal justice system, or

to participate in the cooperative development or design of

new software or systems to be used by the Illinois criminal

justice system. Revenues received as a result of such

arrangements shall be deposited in the Criminal Justice

Information Systems Trust Fund.

(o) To establish general policies concerning criminal

justice information systems and to promulgate such rules,

regulations and procedures as are necessary to the

operation of the Authority and to the uniform consideration

of appeals and audits;

(p) To advise and to make recommendations to the

Governor and the General Assembly on policies relating to

criminal justice information systems;

(q) To direct all other agencies under the jurisdiction

of the Governor to provide whatever assistance and

information the Authority may lawfully require to carry out

its functions;

(r) To exercise any other powers that are reasonable

and necessary to fulfill the responsibilities of the

Authority under this Act and to comply with the

requirements of applicable federal law or regulation;

(s) To exercise the rights, powers and duties which

have been vested in the Authority by the "Illinois Uniform

Conviction Information Act", enacted by the 85th General

Assembly, as hereafter amended;

(t) (Blank); To exercise the rights, powers and duties

which have been vested in the Authority by the Illinois

Motor Vehicle Theft Prevention Act;

(u) To exercise the rights, powers, and duties vested

in the Authority by the Illinois Public Safety Agency

Network Act; and

(v) To provide technical assistance in the form of

training to local governmental entities within Illinois

requesting such assistance for the purposes of procuring

grants for gang intervention and gang prevention programs

or other criminal justice programs from the United States

Department of Justice.

The requirement for reporting to the General Assembly shall

be satisfied by filing copies of the report with the Speaker,

the Minority Leader and the Clerk of the House of

Representatives and the President, the Minority Leader and the

Secretary of the Senate and the Legislative Research Unit, as

required by Section 3.1 of "An Act to revise the law in

relation to the General Assembly", approved February 25, 1874,

as amended, and filing such additional copies with the State

Government Report Distribution Center for the General Assembly

as is required under paragraph (t) of Section 7 of the State

Library Act.

(Source: P.A. 97-435, eff. 1-1-12.)

Section 15. The Illinois Motor Vehicle Theft Prevention Act

is amended by changing Sections 1, 2, 3, 4, 6, 7, 8, 8.5, and 12

as follows:

(20 ILCS 4005/1) (from Ch. 95 1/2, par. 1301)

(Section scheduled to be repealed on January 1, 2020)

Sec. 1. This Act shall be known as the Illinois Motor

Vehicle Theft Prevention and Insurance Verification Act.

(Source: P.A. 86-1408.)

(20 ILCS 4005/2) (from Ch. 95 1/2, par. 1302)

(Section scheduled to be repealed on January 1, 2020)

Sec. 2. The purpose of this Act is to prevent, combat and

reduce motor vehicle theft in Illinois; to improve and support

motor vehicle theft law enforcement, prosecution and

administration of motor vehicle theft and insurance

verification laws by establishing statewide planning

capabilities for and coordination of financial resources.

(Source: P.A. 86-1408.)

(20 ILCS 4005/3) (from Ch. 95 1/2, par. 1303)

(Section scheduled to be repealed on January 1, 2020)

Sec. 3. As used in this Act:

(a) (Blank). "Authority" means the Illinois Criminal

Justice Information Authority.

(b) "Council" means the Illinois Motor Vehicle Theft

Prevention and Insurance Verification Council, established

within the Authority by this Act.

(b-2) "Director" means the Director of the Secretary of

State Department of Police.

(b-5) "Police" means the Secretary of State Department of

Police.

(b-7) "Secretary" means the Secretary of State.

(c) "Trust Fund" means the Motor Vehicle Theft Prevention

and Insurance Verification Trust Fund.

(Source: P.A. 86-1408.)

(20 ILCS 4005/4) (from Ch. 95 1/2, par. 1304)

(Section scheduled to be repealed on January 1, 2020)

Sec. 4. There is hereby created within the Authority an

Illinois Motor Vehicle Theft Prevention and Insurance

Verification Council, which shall exercise its powers, duties

and responsibilities independently of the Authority. There

shall be 11 members of the Council consisting of the Secretary

of State or his designee, the Director of the Department of

State Police, the State's Attorney of Cook County, the

Superintendent of the Chicago Police Department, and the

following 7 additional members, each of whom shall be appointed

by the Secretary of State Governor: a state's attorney of a

county other than Cook, a chief executive law enforcement

official from a jurisdiction other than the City of Chicago, 5

representatives of insurers authorized to write motor vehicle

insurance in this State, all of whom shall be domiciled in this

State.

The Director Governor from time to time shall be designate

the Chairman of the Council from the membership. All members of

the Council appointed by the Secretary Governor shall serve at

the discretion of the Secretary Governor for a term not to

exceed 4 years. The initial appointed members of the Council

shall serve from January 1, 1991 until the third Monday in

January, 1995 or until their successors are appointed. The

Council shall meet at least quarterly.

(Source: P.A. 89-277, eff. 8-10-95.)

(20 ILCS 4005/6) (from Ch. 95 1/2, par. 1306)

(Section scheduled to be repealed on January 1, 2020)

Sec. 6. The Secretary Executive Director of the Authority

shall employ, in accordance with the provisions of the Illinois

Personnel Code, such administrative, professional, clerical,

and other personnel as may be required and may organize such

staff as may be appropriate to effectuate the purposes of this

Act.

(Source: P.A. 86-1408.)

(20 ILCS 4005/7) (from Ch. 95 1/2, par. 1307)

(Section scheduled to be repealed on January 1, 2020)

Sec. 7. The Council shall have the following powers, duties

and responsibilities:

(a) To apply for, solicit, receive, establish

priorities for, allocate, disburse, contract for, and

spend funds that are made available to the Council from any

source to effectuate the purposes of this Act.

(b) To make grants and to provide financial support for

federal and State agencies, units of local government,

corporations, and neighborhood, community and business

organizations to effectuate the purposes of this Act , to

deter and investigate recyclable metal theft, and to law

enforcement agencies to assist in the prosecution of

recyclable metal theft.

(c) To assess the scope of the problem of motor vehicle

theft, including particular areas of the State where the

problem is greatest and to conduct impact analyses of State

and local criminal justice policies, programs, plans and

methods for combating the problem.

(d) To develop and sponsor the implementation of

statewide plans and strategies to combat motor vehicle

theft and to improve the administration of the motor

vehicle theft laws and provide an effective forum for

identification of critical problems associated with motor

vehicle theft.

(e) To coordinate the development, adoption and

implementation of plans and strategies relating to

interagency or intergovernmental cooperation with respect

to motor vehicle theft law enforcement.

(f) To adopt promulgate rules or regulations necessary

to ensure that appropriate agencies, units of government,

private organizations and combinations thereof are

included in the development and implementation of

strategies or plans adopted pursuant to this Act and to

adopt promulgate rules or regulations as may otherwise be

necessary to effectuate the purposes of this Act.

(g) To report annually, on or before January 1, 2019

April 1, 1992 to the Governor, General Assembly, and, upon

request, to members of the general public on the Council's

activities in the preceding year.

(h) To exercise any other powers that are reasonable,

necessary or convenient to fulfill its responsibilities,

to carry out and to effectuate the objectives and purposes

of the Council and the provisions of this Act, and to

comply with the requirements of applicable federal or State

laws, rules, or regulations; provided, however, that these

such powers shall not include the power to subpoena or

arrest.

(i) To provide funding to the Secretary for the

creation, implementation, and maintenance of an electronic

motor vehicle liability insurance policy verification

program.

(Source: P.A. 86-1408.)

(20 ILCS 4005/8) (from Ch. 95 1/2, par. 1308)

(Section scheduled to be repealed on January 1, 2020)

Sec. 8. (a) A special fund is created in the State Treasury

known as the Motor Vehicle Theft Prevention and Insurance

Verification Trust Fund, which shall be administered by the

Secretary Executive Director of the Authority at the direction

of the Council. All interest earned from the investment or

deposit of monies accumulated in the Trust Fund shall, pursuant

to Section 4.1 of the State Finance Act, be deposited in the

Trust Fund.

(b) Money deposited in this Trust Fund shall not be

considered general revenue of the State of Illinois.

(c) Money deposited in the Trust Fund shall be used only to

enhance efforts to effectuate the purposes of this Act as

determined by the Council and shall not be appropriated, loaned

or in any manner transferred to the General Revenue Fund of the

State of Illinois.

(d) Prior to April 1, 1991, and prior to April 1 of each

year thereafter, each insurer engaged in writing private

passenger motor vehicle insurance coverages which are included

in Class 2 and Class 3 of Section 4 of the Illinois Insurance

Code, as a condition of its authority to transact business in

this State, may collect and shall pay into the Trust Fund an

amount equal to $1.00, or a lesser amount determined by the

Council, multiplied by the insurer's total earned car years of

private passenger motor vehicle insurance policies providing

physical damage insurance coverage written in this State during

the preceding calendar year.

(e) Money in the Trust Fund shall be expended as follows:

(1) To pay the Secretary's Authority's costs to

administer the Council and the Trust Fund, but for this

purpose in an amount not to exceed 10% ten percent in any

one fiscal year of the amount collected pursuant to

paragraph (d) of this Section in that same fiscal year.

(2) To achieve the purposes and objectives of this Act,

which may include, but not be limited to, the following:

(A) To provide financial support to law

enforcement and correctional agencies, prosecutors,

and the judiciary for programs designed to reduce motor

vehicle theft and to improve the administration of

motor vehicle theft laws.

(B) To provide financial support for federal and

State agencies, units of local government,

corporations and neighborhood, community or business

organizations for programs designed to reduce motor

vehicle theft and to improve the administration of

motor vehicle theft laws.

(C) To provide financial support to conduct

programs designed to inform owners of motor vehicles

about the financial and social costs of motor vehicle

theft and to suggest to those owners methods for

preventing motor vehicle theft.

(D) To provide financial support for plans,

programs and projects designed to achieve the purposes

of this Act.

(3) To provide funding to the Secretary's Vehicle

Services Department for the creation, implementation, and

maintenance of an electronic motor vehicle liability

insurance policy verification program by allocating no

more than 75% of each dollar collected for the first

calendar year after the effective date of this amendatory

Act of the 100th General Assembly and no more than 50% of

each dollar collected for every other year after the first

calendar year. The Secretary shall distribute the funds to

the Vehicle Services Department at the beginning of each

calendar year.

(f) Insurers contributing to the Trust Fund shall have a

property interest in the unexpended money in the Trust Fund,

which property interest shall not be retroactively changed or

extinguished by the General Assembly.

(g) In the event the Trust Fund were to be discontinued or

the Council were to be dissolved by act of the General Assembly

or by operation of law, then, notwithstanding the provisions of

Section 5 of the State Finance Act, any balance remaining

therein shall be returned to the insurers writing private

passenger motor vehicle insurance in proportion to their

financial contributions to the Trust Fund and any assets of the

Council shall be liquidated and returned in the same manner

after deduction of administrative costs.

(Source: P.A. 88-452; 89-277, eff. 8-10-95.)

(20 ILCS 4005/8.5)

(Section scheduled to be repealed on January 1, 2020)

Sec. 8.5. State Police Motor Vehicle Theft Prevention Trust

Fund. The State Police Motor Vehicle Theft Prevention Trust

Fund is created as a trust fund in the State treasury. The

State Treasurer shall be the custodian of the Trust Fund. The

Trust Fund is established to receive funds from the Illinois

Motor Vehicle Theft Prevention and Insurance Verification

Council. All interest earned from the investment or deposit of

moneys accumulated in the Trust Fund shall be deposited into

the Trust Fund. Moneys in the Trust Fund shall be used by the

Department of State Police for motor vehicle theft prevention

purposes.

(Source: P.A. 97-116, eff. 1-1-12.)

(20 ILCS 4005/12)

Sec. 12. Repeal. Sections 1 through 9 and Section 11 are

repealed January 1, 2025 2020.

(Source: P.A. 99-251, eff. 1-1-16.)

Section 20. The State Finance Act is amended by changing

Sections 5 and 5.295 as follows:

(30 ILCS 105/5) (from Ch. 127, par. 141)

Sec. 5. Special funds.

(a) There are special funds in the State Treasury

designated as specified in the Sections which succeed this

Section 5 and precede Section 6.

(b) Except as provided in the Illinois Motor Vehicle Theft

Prevention and Insurance Verification Act, when any special

fund in the State Treasury is discontinued by an Act of the

General Assembly, any balance remaining therein on the

effective date of such Act shall be transferred to the General

Revenue Fund, or to such other fund as such Act shall provide.

Warrants outstanding against such discontinued fund at the time

of the transfer of any such balance therein shall be paid out

of the fund to which the transfer was made.

(c) When any special fund in the State Treasury has been

inactive for 18 months or longer, the fund is automatically

terminated by operation of law and the balance remaining in

such fund shall be transferred by the Comptroller to the

General Revenue Fund. When a special fund has been terminated

by operation of law as provided in this Section, the General

Assembly shall repeal or amend all Sections of the statutes

creating or otherwise referring to that fund.

The Comptroller shall be allowed the discretion to maintain

or dissolve any federal trust fund which has been inactive for

18 months or longer.

(d) (Blank).

(e) (Blank).

(Source: P.A. 90-372, eff. 7-1-98.)

(30 ILCS 105/5.295) (from Ch. 127, par. 141.295)

Sec. 5.295. The Motor Vehicle Theft Prevention and

Insurance Verification Trust Fund.

(Source: P.A. 86-1408; 86-1475.)

Section 25. The Illinois Vehicle Code is amended by

changing Sections 4-109, 7-604, and 7-607 and by adding Section

7-603.5 as follows:

(625 ILCS 5/4-109)

Sec. 4-109. Motor Vehicle Theft Prevention Program. The

Secretary of State, in conjunction with the Motor Vehicle Theft

Prevention and Insurance Verification Council, is hereby

authorized to establish and operate a Motor Vehicle Theft

Prevention Program as follows:

(a) Voluntary program participation.

(b) The registered owner of a motor vehicle interested in

participating in the program shall sign an informed consent

agreement designed by the Secretary of State under subsection

(e) of this Section indicating that the motor vehicle

registered to him is not normally operated between the hours of

1:00 a.m. and 5:00 a.m. The form and fee, if any, shall be

submitted to the Secretary of State for processing.

(c) Upon processing the form, the Secretary of State shall

issue to the registered owner a decal. The registered owner

shall affix the decal in a conspicuous place on his motor

vehicle as prescribed by the Secretary of State.

(d) Whenever any law enforcement officer shall see a motor

vehicle displaying a decal issued under the provisions of

subsection (c) of this Section being operated upon the public

highways of this State between the hours of 1:00 a.m. and 5:00

a.m., the officer is authorized to stop that motor vehicle and

to request the driver to produce a valid driver's license and

motor vehicle registration card if required to be carried in

the vehicle. Whenever the operator of a motor vehicle

displaying a decal is unable to produce the documentation set

forth in this Section, the police officer shall investigate

further to determine if the person operating the motor vehicle

is the registered owner or has the authorization of the owner

to operate the vehicle.

(e) The Secretary of State, in consultation with the

Director of the Department of State Police and Motor Vehicle

Theft Prevention and Insurance Verification Council, shall

design the manner and form of the informed consent agreement

required under subsection (b) of this Section and the decal

required under subsection (c) of this Section.

(f) The Secretary of State shall provide for the recording

of registered owners of motor vehicles who participate in the

program. The records shall be available to all law enforcement

departments, agencies, and forces. The Secretary of State shall

cooperate with and assist all law enforcement officers and

other agencies in tracing or examining any questionable motor

vehicles in order to determine the ownership of the motor

vehicles.

(g) A fee not to exceed $10 may be charged for the informed

consent form and decal provided under this Section. The fee, if

any, shall be set by the Motor Vehicle Theft Prevention and

Insurance Verification Council and shall be collected by the

Secretary of State and deposited into the Motor Vehicle Theft

Prevention and Insurance Verification Trust Fund.

(h) The Secretary of State, in consultation with the

Director of the Department of State Police and the Motor

Vehicle Theft Prevention and Insurance Verification Council

shall promulgate rules and regulations to effectuate the

purposes of this Section.

(Source: P.A. 88-128; 88-684, eff. 1-24-95.)

(625 ILCS 5/7-603.5 new)

Sec. 7-603.5. Electronic verification of a liability

insurance policy.

(a) The Secretary may implement a program of electronic

motor vehicle liability insurance policy verification for

motor vehicles subject to Section 7-601 of this Code for the

purpose of verifying whether or not the motor vehicle is

insured. The development and implementation of the program

shall be consistent with the standards and procedures of a

nationwide organization whose primary membership consists of

individual insurance companies and insurance trade

associations. The program shall include, but is not limited to:

(1) a requirement that an insurance company authorized

to sell motor vehicle liability insurance in this State

shall make available, in a format designated by the

Secretary that is consistent with a nationwide

organization whose primary membership consists of

individual insurance companies and insurance trade

organizations, to the Secretary for each motor vehicle

liability insurance policy issued by the company the

following information:

(A) the name of the policy holder;

(B) the make, model, year, and vehicle

identification number of the covered motor vehicle;

(C) the policy number;

(D) the policy effective date;

(E) the insurance company's National Association

of Insurance Commissioner's number; and

(F) any other information the Secretary deems

necessary to match an eligible vehicle with an

insurance policy;

(2) a method for searching motor vehicle liability

insurance policies issued and in effect in this State by

using the information under paragraph (1) of this

subsection (a);

(3) a requirement that at least twice per calendar

year, the Secretary shall verify the existence of a

liability insurance policy for every registered motor

vehicle subject to Section 7-601 of this Code; and if the

Secretary is unable to verify the existence of a liability

insurance policy, the Secretary shall, by U.S. mail or

electronic mail, send the vehicle owner a written notice

allowing the vehicle owner 30 calendar days to provide

proof of insurance on the date of attempted verification,

or to provide proof that the vehicle is no longer operable;

(4) a requirement that a vehicle owner who does not

provide proof of insurance or proof of an inoperable

vehicle under paragraph (3) of this subsection (a) shall be

in violation of Section 7-601 of this Code and the

Secretary shall suspend the vehicle's registration and the

owner shall pay any applicable reinstatement fees and shall

provide proof of insurance before the Secretary may

reinstate the vehicle's registration under Section 7-606

of this Code;

(5) a requirement that if a vehicle owner provides

proof of insurance on the date of the attempted

verification under paragraph (3) of this subsection (1),

the Secretary may verify the vehicle owner's response by

furnishing necessary information to the insurance company.

Within 7 calendar days of receiving the information, the

insurance company shall confirm and notify the Secretary

the dates of the motor vehicle's insurance coverage. If the

insurance company does not confirm coverage for the date of

attempted verification, the Secretary shall suspend the

vehicle's registration and the owner of the vehicle shall

pay any applicable reinstatement fees and shall provide

proof of insurance before the Secretary may reinstate the

vehicle's registration under Section 7-606 of this Code;

(6) a requirement that the Secretary may consult with

members of the insurance industry during the

implementation of the program, including, but not limited

to, during the drafting process for adopting any rules that

may be necessary to implement or manage an electronic motor

vehicle liability insurance policy verification program;

(7) a requirement that commercial lines of automobile

insurance are excluded from the program, but may

voluntarily report insurance coverage to the State.

(b) In addition to the semi-annual verification of

liability insurance under subsection (a) of this Section, the

Secretary may select monthly verification for a motor vehicle

owned or registered by a person:

(1) whose motor vehicle registration during the

preceding 4 years has been suspended under Section 7-606 or

7-607 of this Code;

(2) who, during the preceding 4 years, has been

convicted of violating Section 3-707, 3-708, or 3-710 of

this Code while operating a vehicle owned by another

person;

(3) whose driving privileges have been suspended

during the preceding 4 years;

(4) who, during the preceding 4 years, acquired

ownership of a motor vehicle while the registration of the

vehicle under the previous owner was suspended under

Section 7-606 or 7-607 of this Code; or

(5) who, during the preceding 4 years, has received a

disposition of court supervision under subsection (c) of

Section 5-6-1 of the Unified Code of Corrections for a

violation of Section 3-707, 3-708, or 3-710 of this Code.

(c) Nothing in this Section provides the Secretary with

regulatory authority over insurance companies.

(d) The Secretary may contract with a private contractor to

carry out the Secretary's duties under this Section.

(e) Any information collected, stored, maintained, or

referred to under this Section shall be used solely for the

purpose of verifying whether a registered motor vehicle meets

the requirements of Section 7-601 of this Code and shall be

exempt from a records request or from inspection and copying

under the Freedom of Information Act. A request for release of

verification of liability insurance policy information from

the Secretary shall require a court order, subpoena, or the

motor vehicle owner's approval.

(f) An insurer identified by an electronic motor vehicle

liability insurance policy program as insuring less than 1,000

vehicles per year shall be exempt from the reporting

requirements under subsection (a) of this Section.

(g) The Secretary may adopt any rules necessary to

implement this Section.

(625 ILCS 5/7-604) (from Ch. 95 1/2, par. 7-604)

Sec. 7-604. Verification of liability insurance policy.

(a) The Secretary of State may select random samples of

registrations of motor vehicles subject to Section 7-601 of

this Code, or owners thereof, for the purpose of verifying

whether or not the motor vehicles are insured.

In addition to such general random samples of motor vehicle

registrations, the Secretary may select for verification other

random samples, including, but not limited to registrations of

motor vehicles owned by persons:

(1) whose motor vehicle registrations during the

preceding 4 years have been suspended pursuant to Section

7-606 or 7-607 of this Code;

(2) who during the preceding 4 years have been

convicted of violating Section 3-707, 3-708 or 3-710 of

this Code while operating vehicles owned by other persons;

(3) whose driving privileges have been suspended

during the preceding 4 years;

(4) who during the preceding 4 years acquired ownership

of motor vehicles while the registrations of such vehicles

under the previous owners were suspended pursuant to

Section 7-606 or 7-607 of this Code; or

(5) who during the preceding 4 years have received a

disposition of supervision under subsection (c) of Section

5-6-1 of the Unified Code of Corrections for a violation of

Section 3-707, 3-708, or 3-710 of this Code.

(b) Upon receiving certification from the Department of

Transportation under Section 7-201.2 of this Code of the name

of an owner or operator of any motor vehicle involved in an

accident, the Secretary may verify whether or not at the time

of the accident such motor vehicle was covered by a liability

insurance policy in accordance with Section 7-601 of this Code.

(c) In preparation for selection of random samples and

their verification, the Secretary may send to owners of

randomly selected motor vehicles, or to randomly selected motor

vehicle owners, requests for information about their motor

vehicles and liability insurance coverage. The request shall

require the owner to state whether or not the motor vehicle was

insured on the verification date stated in the Secretary's

request and the request may require, but is not limited to, a

statement by the owner of the names and addresses of insurers,

policy numbers, and expiration dates of insurance coverage.

(d) Within 30 days after the Secretary mails a request, the

owner to whom it is sent shall furnish the requested

information to the Secretary above the owner's signed

affirmation that such information is true and correct. Proof of

insurance in effect on the verification date, as prescribed by

the Secretary, may be considered by the Secretary to be a

satisfactory response to the request for information.

Any owner whose response indicates that his or her vehicle

was not covered by a liability insurance policy in accordance

with Section 7-601 of this Code shall be deemed to have

registered or maintained registration of a motor vehicle in

violation of that Section. Any owner who fails to respond to

such a request shall be deemed to have registered or maintained

registration of a motor vehicle in violation of Section 7-601

of this Code.

(e) If the owner responds to the request for information by

asserting that his or her vehicle was covered by a liability

insurance policy on the verification date stated in the

Secretary's request, the Secretary may conduct a verification

of the response by furnishing necessary information to the

insurer named in the response. The insurer shall within 45 days

inform the Secretary whether or not on the verification date

stated the motor vehicle was insured by the insurer in

accordance with Section 7-601 of this Code. The Secretary may

by rule and regulation prescribe the procedures for

verification.

(f) No random sample selected under this Section shall be

categorized on the basis of race, color, religion, sex,

national origin, ancestry, age, marital status, physical or

mental disability, economic status or geography.

(g) (Blank).

(h) This Section shall be inoperative upon of the effective

date of the rules adopted by the Secretary to implement Section

7-603.5 of this Code.

(Source: P.A. 98-787, eff. 7-25-14; 99-333, eff. 12-30-15 (see

Section 15 of P.A. 99-483 for the effective date of changes

made by P.A. 99-333); 99-737, eff. 8-5-16.)

(625 ILCS 5/7-607) (from Ch. 95 1/2, par. 7-607)

Sec. 7-607. Submission of false proof - penalty. If the

Secretary determines that the proof of insurance submitted by a

motor vehicle owner under Section 7-603.5, 7-604, 7-605 or

7-606 of this Code is false, the Secretary shall suspend the

owner's vehicle registration. The Secretary shall terminate

the suspension 6 months after its effective date upon payment

by the owner of a reinstatement fee of $200 and submission of

proof of insurance as prescribed by the Secretary.

All fees collected under this Section shall be disbursed

under subsection (g) of Section 2-119 of this Code.

(Source: P.A. 99-127, eff. 1-1-16.)

INDEX Statutes amended in order of appearance