Bill Text: IL HB3575 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-04-15 - Added Chief Co-Sponsor Rep. Barbara Hernandez [HB3575 Detail]

Download: Illinois-2023-HB3575-Introduced.html

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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.
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A BILL FOR
HB3575 LRB103 29826 RLC 56234 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Identification Card Act is amended
by changing Section 4D as follows:
(15 ILCS 335/4D)
Sec. 4D. Issuance of confidential identification cards.
(a) Requirements for use of confidential identification
cards. Confidential identification cards may be issued to
local, state, and federal government agencies for bona fide
law enforcement purposes. The identification cards may be
issued in fictitious names and addresses, and may be used only
in confidential, investigative, or undercover law enforcement
operations. Confidential identification cards may be issued as
REAL ID compliant or non-compliant identification cards.
(b) Application procedures for confidential identification
cards:
(1) Applications by local, state, and federal
government agencies for confidential identification cards
must be made to the Secretary of State Police Department
on a form and in a manner prescribed by the Secretary of
State Police Department.
(2) The application form must include information, as

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specific as possible without compromising investigations
or techniques, setting forth the need for the
identification cards and the uses to which the
identification cards will be limited.
(3) The application form must be signed and verified
by the local, state, or federal government agency head or
designee.
(4) Information maintained by the Secretary of State
Police Department for confidential identification cards
must show the fictitious names and addresses on all
records subject to public disclosure. All other
information concerning these confidential identification
cards are exempt from disclosure unless the disclosure is
ordered by a court of competent jurisdiction.
(c) Cancellation procedures for confidential
identification cards:
(1) The Secretary of State Police Department may
cancel or refuse to renew confidential identification
cards when they have reasonable cause to believe the cards
are being used for purposes other than those set forth in
the application form or authorized by this Section.
(2) A government agency must request cancellation of
confidential identification cards that are no longer
required for the purposes for which they were issued.
(3) Upon the request of the Secretary of State Police
Department, all cancelled confidential identification

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cards must be promptly returned to the Secretary of State
Police Department by the government agency to which they
were issued.
(Source: P.A. 100-248, eff. 8-22-17.)
(20 ILCS 801/1-30 rep.)
Section 10. The Department of Natural Resources Act is
amended by repealing Section 1-30.
Section 15. The Department of Natural Resources
(Conservation) Law of the Civil Administrative Code of
Illinois is amended by adding Section 536 as follows:
(20 ILCS 805/536 new)
Sec. 536. Conservation Police Force abolished; transfer of
powers and duties.
(a) On and after the effective date of this amendatory Act
of the 103rd General Assembly, the Department of Natural
Resources Conservation Police Force is abolished and all
powers, duties, rights, and responsibilities of the Department
of Natural Resources Conservation Police Force shall be
transferred to the Illinois State Police. The powers, duties,
rights, and responsibilities related to the functions of the
Department of Natural Resources Conservation Police Force
transferred under this amendatory Act of the 103rd General
Assembly shall be vested in and shall be exercised by the

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Illinois State Police. The Illinois State Police shall assume
all enforcement duties held currently by Conservation Police
Officers. On and after the effective date of this amendatory
Act of the 103rd General Assembly, the Department of Natural
Resources is prohibited from hiring additional Conservation
Police Officers.
(b) Conservation Police Officers within the Department of
Natural Resources who are engaged in the performance of
functions transferred to the Illinois State Police under this
amendatory Act of the 103rd General Assembly are transferred
to and shall continue their service within the Illinois State
Police. The status and rights of those employees under the
Personnel Code shall not be affected by this amendatory Act of
the 103rd General Assembly. The rights of the employees and
the State of Illinois and its agencies under the Personnel
Code and applicable collective bargaining agreements or under
any pension, retirement, or annuity plan, shall not be
affected by this amendatory Act of the 103rd General Assembly.
Current Conservation Police Officers' salaries shall remain at
the rate in effect on the effective date of this amendatory Act
of the 103rd General Assembly, until an applicable collective
bargaining agreement is adopted.
(c) All books, records, papers, documents, and equipment
related to the responsibilities transferred to the Illinois
State Police under this amendatory Act of the 103rd General
Assembly, including, but not limited to, material in

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electronic or magnetic format and necessary computer hardware
and software, shall be transferred to the Illinois State
Police.
(d) All unexpended appropriations and balances and other
funds available for use by the Department of Natural Resources
Conservation Police Force shall be transferred for use by the
Illinois State Police in accordance with this amendatory Act
of the 103rd General Assembly. Unexpended balances so
transferred shall be expended by the Illinois State Police
only for the purpose for which the appropriations were
originally made.
(e) Any rules of the Department of Natural Resources that
relate to its powers, duties, rights, and responsibilities
with respect to functions transferred to the Illinois State
Police by this amendatory Act of the 103rd General Assembly
and which are in full force on the effective date of this
amendatory Act of the 103rd General Assembly shall become the
rules of the Illinois State Police. This amendatory Act of the
103rd General Assembly does not affect the legality of any of
those rules in the Illinois Administrative Code. Any proposed
rule filed with the Secretary of State by the Department of
Natural Resources that is pending in the rulemaking process on
the effective date of this amendatory Act of the 103rd General
Assembly and pertain to the powers, duties, rights, and
responsibilities transferred, shall be deemed to have been
filed by the Illinois State Police. As soon as practicable

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hereafter, the Illinois State Police shall revise and clarify
the rules transferred to it under this amendatory Act of the
103rd General Assembly to reflect the reorganization of
powers, duties, rights, and responsibilities affected by this
amendatory Act of the 103rd General Assembly, using the
procedures for recodification of rules available under the
Illinois Administrative Procedure Act, except that existing
title, part, and section numbering for the affected rules may
be retained. On and after the effective date of this
amendatory Act of the 103rd General Assembly, the Illinois
State Police may propose and adopt, under the Illinois
Administrative Procedure Act, any other rules that relate to
the functions of the Conservation Police Force transferred to
and that will now be administered by the Illinois State
Police.
(f) The transfer of powers, duties, rights, and
responsibilities to the Illinois State Police under this
amendatory Act of the 103rd General Assembly does not affect
any person's rights, obligations, or duties, including any
civil or criminal penalties applicable, arising out of those
transferred powers, duties, rights, and responsibilities.
(g) This amendatory Act of the 103rd General Assembly does
not affect any act done, ratified, or canceled, or any right
occurring or established, or any action or proceeding had or
commenced in an administrative, civil, or criminal cause by
the Conservation Police Force or any Conservation Police

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Officer before the effective date of this amendatory Act of
the 103rd General Assembly; those actions or proceedings may
be defended, prosecuted, or continued by the Illinois State
Police.
(h) The transition required under this Section shall be
completed on or before July 1, 2025.
(20 ILCS 805/805-535 rep.)
(20 ILCS 805/805-537 rep.)
(20 ILCS 805/805-540 rep.)
Section 20. The Department of Natural Resources
(Conservation) Law of the Civil Administrative Code of
Illinois is amended by repealing Sections 805-535, 805-537,
and 805-540.
Section 25. The Illinois State Police Law of the Civil
Administrative Code of Illinois is amended by changing Section
2605-25 and by adding Section 2605-56 as follows:
(20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1)
Sec. 2605-25. Illinois State Police divisions.
(a) The Illinois State Police is divided into the Division
of Statewide 9-1-1, the Division of Patrol Operations, the
Division of Criminal Investigation, the Division of Forensic
Services, the Division of Conservation, the Division of
Protected Services, the Division of Justice Services, the

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Division of the Academy and Training, and the Division of
Internal Investigation.
(b) The Office of the Director shall:
(1) Exercise the rights, powers, and duties vested in
the Illinois State Police by the Governor's Office of
Management and Budget Act.
(2) Exercise the rights, powers, and duties vested in
the Illinois State Police by the Personnel Code.
(3) Exercise the rights, powers, and duties vested in
the Illinois State Police by "An Act relating to internal
auditing in State government", approved August 11, 1967
(repealed; now the Fiscal Control and Internal Auditing
Act).
(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
(20 ILCS 2605/2605-56 new)
Sec. 2605-56. Intergovernmental agreement with Illinois
Commerce Commission. The Illinois State Police may enter into
an intergovernmental agreement with the Illinois Commerce
Commission concerning the abolition of the Illinois Commerce
Commission Police Force under this amendatory Act of the 103rd
General Assembly. The intergovernmental agreement 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 Illinois Commerce

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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.
Section 30. The State Police Act is amended by changing
Section 9 as follows:
(20 ILCS 2610/9) (from Ch. 121, par. 307.9)
Sec. 9. Appointment; qualifications.
(a) Except as otherwise provided in this Section, the
appointment of Illinois State Police officers shall be made
from those applicants who have been certified by the Board as
being qualified for appointment. All persons so appointed
shall, at the time of their appointment, be not less than 21
years of age, or 20 years of age and have successfully
completed an associate's degree or 60 credit hours at an
accredited college or university. Any person appointed
subsequent to successful completion of an associate's degree
or 60 credit hours at an accredited college or university
shall not have power of arrest, nor shall he or she be
permitted to carry firearms, until he or she reaches 21 years
of age. In addition, all persons so certified for appointment

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shall be of sound mind and body, be of good moral character, be
citizens of the United States, have no criminal records,
possess such prerequisites of training, education, and
experience as the Board may from time to time prescribe so long
as persons who have an associate's degree or 60 credit hours at
an accredited college or university are not disqualified, and
shall be required to pass successfully such mental and
physical tests and examinations as may be prescribed by the
Board. All persons who meet one of the following requirements
are deemed to have met the collegiate educational
requirements:
(i) have been honorably discharged and who have been
awarded a Southwest Asia Service Medal, Kosovo Campaign
Medal, Korean Defense Service Medal, Afghanistan Campaign
Medal, Iraq Campaign Medal, or Global War on Terrorism
Expeditionary Medal by the United States Armed Forces;
(ii) are active members of the Illinois National Guard
or a reserve component of the United States Armed Forces
and who have been awarded a Southwest Asia Service Medal,
Kosovo Campaign Medal, Korean Defense Service Medal,
Afghanistan Campaign Medal, Iraq Campaign Medal, or Global
War on Terrorism Expeditionary Medal as a result of
honorable service during deployment on active duty;
(iii) have been honorably discharged who served in a
combat mission by proof of hostile fire pay or imminent
danger pay during deployment on active duty; or

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(iv) have at least 3 years of full active and
continuous military duty and received an honorable
discharge before hiring.
Preference shall be given in such appointments to persons
who have honorably served in the military or naval services of
the United States. All appointees shall serve a probationary
period of 12 months from the date of appointment and during
that period may be discharged at the will of the Director.
However, the Director may in his or her sole discretion extend
the probationary period of an officer up to an additional 6
months when to do so is deemed in the best interest of the
Illinois State Police. Nothing in this subsection (a) limits
the Board's ability to prescribe education prerequisites or
requirements to certify Illinois State Police officers for
promotion as provided in Section 10 of this Act.
(b) Notwithstanding the other provisions of this Act,
after July 1, 1977 and before July 1, 1980, the Director of
State Police may appoint and promote not more than 20 persons
having special qualifications as special agents as he or she
deems necessary to carry out the Department's objectives. Any
such appointment or promotion shall be ratified by the Board.
(c) During the 90 days following March 31, 1995 (the
effective date of Public Act 89-9), the Director of State
Police may appoint up to 25 persons as State Police officers.
These appointments shall be made in accordance with the
requirements of this subsection (c) and any additional

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criteria that may be established by the Director, but are not
subject to any other requirements of this Act. The Director
may specify the initial rank for each person appointed under
this subsection.
All appointments under this subsection (c) shall be made
from personnel certified by the Board. A person certified by
the Board and appointed by the Director under this subsection
must have been employed by the Illinois Commerce Commission on
November 30, 1994 in a job title subject to the Personnel Code
and in a position for which the person was eligible to earn
"eligible creditable service" as a "noncovered employee", as
those terms are defined in Article 14 of the Illinois Pension
Code.
The Director may appoint an appropriate number of officers
on or after the effective date of this amendatory Act of the
103rd General Assembly to absorb police officers from the
Illinois Commerce Commission and Department of Natural
Resources, with the elimination of those agencies' police
forces.
Persons appointed under this subsection (c) shall
thereafter be subject to the same requirements and procedures
as other State police officers. A person appointed under this
subsection must serve a probationary period of 12 months from
the date of appointment, during which he or she may be
discharged at the will of the Director.
This subsection (c) does not affect or limit the

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Director's authority to appoint other State Police officers
under subsection (a) of this Section.
(d) During the 180 days following January 1, 2022 (the
effective date of Public Act 101-652), the Director of the
Illinois State Police may appoint current Illinois State
Police employees serving in law enforcement officer positions
previously within Central Management Services as State Police
officers. These appointments shall be made in accordance with
the requirements of this subsection (d) and any institutional
criteria that may be established by the Director, but are not
subject to any other requirements of this Act. All
appointments under this subsection (d) shall be made from
personnel certified by the Board. A person certified by the
Board and appointed by the Director under this subsection must
have been employed by the a State agency, board, or commission
on January 1, 2021 in a job title subject to the Personnel Code
and in a position for which the person was eligible to earn
"eligible creditable service" as a "noncovered employee", as
those terms are defined in Article 14 of the Illinois Pension
Code. Persons appointed under this subsection (d) shall
thereafter be subject to the same requirements, and subject to
the same contractual benefits and obligations, as other State
police officers. This subsection (d) does not affect or limit
the Director's authority to appoint other State Police
officers under subsection (a) of this Section.
(e) The Merit Board shall review Illinois State Police

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Cadet applicants. The Illinois State Police may provide
background check and investigation material to the Board for
its review pursuant to this Section. The Board shall approve
and ensure that no cadet applicant is certified unless the
applicant is a person of good character and has not been
convicted of, or entered a plea of guilty to, a felony offense,
any of the misdemeanors specified in this Section or if
committed in any other state would be an offense similar to
Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14,
11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1,
17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
violation of any Section of Part E of Title III of the Criminal
Code of 1961 or the Criminal Code of 2012, 32-4a, or 32-7 of
the Criminal Code of 1961 or the Criminal Code of 2012, or
subsection (a) of Section 17-32 of the Criminal Code of 1961 or
the Criminal Code of 2012, to Section 5 or 5.2 of the Cannabis
Control Act, or any felony or misdemeanor in violation of
federal law or the law of any state that is the equivalent of
any of the offenses specified therein. The Officer
Professional Conduct Database, provided for in Section 9.2 of
the Illinois Police Training Act, shall be searched as part of
this process. For purposes of this Section, "convicted of, or
entered a plea of guilty" regardless of whether the
adjudication of guilt or sentence is withheld or not entered
thereon. This includes sentences of supervision, conditional
discharge, or first offender probation, or any similar

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disposition provided for by law.
(f) The Board shall by rule establish an application fee
waiver program for any person who meets one or more of the
following criteria:
(1) his or her available personal income is 200% or
less of the current poverty level; or
(2) he or she is, in the discretion of the Board,
unable to proceed in an action with payment of application
fee and payment of that fee would result in substantial
hardship to the person or the person's family.
(Source: P.A. 101-374, eff. 1-1-20; 101-652, eff. 1-1-22;
102-538, eff. 8-20-21; 102-694, eff. 1-7-22; 102-813, eff.
5-13-22; revised 8-24-22.)
Section 35. The Illinois State Police Radio Act is amended
by changing Section 10 as follows:
(20 ILCS 2615/10)
Sec. 10. Public safety radio interoperability. Upon their
establishment and thereafter, the Director of the Illinois
State Police, or his or her designee, shall serve as the
chairman of the Illinois Statewide Interoperability Executive
Committee (SIEC) and as the chairman of the STARCOM21
Oversight Committee. The Director, as chairman, may increase
the size and makeup of the voting membership of each committee
when deemed necessary for improved public safety radio

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interoperability, but the voting membership of each committee
must represent public safety users (police, fire, or EMS) and
must, at a minimum, include the representatives specified in
this Section. The STARCOM21 Oversight Committee must comprise
public safety users accessing the system. The SIEC shall have
at a minimum one representative from each of the following:
the Illinois Fire Chiefs Association, the Rural Fire
Protection Association, the Office of the State Fire Marshal,
the Illinois Association of Chiefs of Police, the Illinois
Sheriffs' Association, the Illinois State Police, the Illinois
Emergency Management Agency, and the Department of Public
Health, and the Secretary of State Police (which
representative shall be the Director of the Secretary of State
Police or his or her designee).
(Source: P.A. 102-538, eff. 8-20-21.)
Section 36. The Illinois Vehicle Hijacking and Motor
Vehicle Theft Prevention and Insurance Verification Act is
amended by changing Section 3 as follows:
(20 ILCS 4005/3) (from Ch. 95 1/2, par. 1303)
(Section scheduled to be repealed on January 1, 2025)
Sec. 3. As used in this Act:
(a) (Blank).
(b) "Council" means the Illinois Vehicle Hijacking and
Motor Vehicle Theft Prevention and Insurance Verification

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Council.
(b-2) "Director" means the Director of the Illinois State
Police the Secretary of State Department of Police.
(b-5) "Police" means the Illinois State Police Secretary
of State Department of Police.
(b-7) "Secretary" means the Secretary of State.
(c) "Trust Fund" means the Vehicle Hijacking and Motor
Vehicle Theft Prevention and Insurance Verification Trust
Fund.
(Source: P.A. 102-904, eff. 1-1-23.)
Section 40. The State Finance Act is amended by changing
Sections 5.567 and 5.613 as follows:
(30 ILCS 105/5.567)
Sec. 5.567. The Secretary of State Police Services Fund.
(Source: P.A. 95-331, eff. 8-21-07.)
(30 ILCS 105/5.613)
Sec. 5.613. The Secretary of State Police DUI Fund.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 45. The State Property Control Act is amended by
changing Section 7 as follows:
(30 ILCS 605/7) (from Ch. 127, par. 133b10)

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Sec. 7. Disposition of transferable property.
(a) Except as provided in subsection (c), whenever a
responsible officer considers it advantageous to the State to
dispose of transferable property by trading it in for credit
on a replacement of like nature, the responsible officer shall
report the trade-in and replacement to the administrator on
forms furnished by the latter. The exchange, trade or transfer
of "textbooks" as defined in Section 18-17 of the School Code
between schools or school districts pursuant to regulations
adopted by the State Board of Education under that Section
shall not constitute a disposition of transferable property
within the meaning of this Section, even though such exchange,
trade or transfer occurs within 5 years after the textbooks
are first provided for loan pursuant to Section 18-17 of the
School Code.
(b) Except as provided in subsection (c), whenever it is
deemed necessary to dispose of any item of transferable
property, the administrator shall proceed to dispose of the
property by sale or scrapping as the case may be, in whatever
manner he considers most advantageous and most profitable to
the State. Items of transferable property which would
ordinarily be scrapped and disposed of by burning or by burial
in a landfill may be examined and a determination made whether
the property should be recycled. This determination and any
sale of recyclable property shall be in accordance with rules
promulgated by the Administrator.

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When the administrator determines that property is to be
disposed of by sale, he shall offer it first to the
municipalities, counties, and school districts of the State
and to charitable, not-for-profit educational and public
health organizations, including but not limited to medical
institutions, clinics, hospitals, health centers, schools,
colleges, universities, child care centers, museums, nursing
homes, programs for the elderly, food banks, State Use
Sheltered Workshops and the Boy and Girl Scouts of America,
for purchase at an appraised value. Notice of inspection or
viewing dates and property lists shall be distributed in the
manner provided in rules and regulations promulgated by the
Administrator for that purpose.
Electronic data processing equipment purchased and charged
to appropriations may, at the discretion of the administrator,
be sold, pursuant to contracts entered into by the Director of
Central Management Services or the heads of agencies exempt
from "The Illinois Purchasing Act". However such equipment
shall not be sold at prices less than the purchase cost thereof
or depreciated value as determined by the administrator. No
sale of the electronic data processing equipment and lease to
the State by the purchaser of such equipment shall be made
under this Act unless the Director of Central Management
Services finds that such contracts are financially
advantageous to the State.
Disposition of other transferable property by sale, except

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sales directly to local governmental units, school districts,
and not-for-profit educational, charitable and public health
organizations, shall be subject to the following minimum
conditions:
(1) The administrator shall cause the property to be
advertised for sale to the highest responsible bidder,
stating time, place, and terms of such sale at least 7 days
prior to the time of sale and at least once in a newspaper
having a general circulation in the county where the
property is to be sold.
(2) If no acceptable bids are received, the
administrator may then sell the property in whatever
manner he considers most advantageous and most profitable
to the State.
(c) Notwithstanding any other provision of this Act, an
agency covered by this Act may transfer books, serial
publications, or other library materials that are transferable
property, or that have been withdrawn from the agency's
library collection through a regular collection evaluation
process, to any of the following entities:
(1) Another agency covered by this Act located in
Illinois.
(2) A State supported university library located in
Illinois.
(3) A tax-supported public library located in
Illinois, including a library established by a public

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library district.
(4) A library system organized under the Illinois
Library System Act or any library located in Illinois that
is a member of such a system.
(5) A non-profit agency, located in or outside
Illinois.
A transfer of property under this subsection is not
subject to the requirements of subsection (a) or (b).
In addition, an agency covered by this Act may sell or
exchange books, serial publications, and other library
materials that have been withdrawn from its library collection
through a regular collection evaluation process. Those items
may be sold to the public at library book sales or to book
dealers or may be offered through exchange to book dealers or
other organizations. Revenues generated from the sale of
withdrawn items shall be retained by the agency in a separate
account to be used solely for the purchase of library
materials; except that in the case of the State Library,
revenues from the sale of withdrawn items shall be deposited
into the State Library Fund to be used for the purposes stated
in Section 25 of the State Library Act.
For purposes of this subsection (c), "library materials"
means physical entities of any substance that serve as
carriers of information, including, without limitation, books,
serial publications, periodicals, microforms, graphics, audio
or video recordings, and machine readable data files.

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(d) Notwithstanding any other provision of this Act, the
Director of the Illinois State Police may dispose of a service
firearm or police badge issued or previously issued to a
retiring or separating State Police officer as provided in
Section 17b of the Illinois State Police Act. The Director of
Natural Resources may dispose of a service firearm or police
badge issued previously to a retiring Conservation Police
Officer as provided in Section 805-538 of the Department of
Natural Resources (Conservation) Law of the Civil
Administrative Code of Illinois. The Director of the Secretary
of State Department of Police may dispose of a service firearm
or police badge issued or previously issued to a retiring
Secretary of State Police officer, inspector, or investigator
as provided in Section 2-116 of the Illinois Vehicle Code. The
Office of the State Fire Marshal may dispose of a service
firearm or badge previously issued to a State Fire Marshal
Arson Investigator Special Agent who is honorably retiring or
separating in good standing as provided in subsection (c) of
Section 1 of the Peace Officer Fire Investigation Act.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 50. The State Vehicle Identification Act is
amended by changing Section 4 as follows:
(30 ILCS 610/4) (from Ch. 127, par. 133e4)
Sec. 4. This Act shall not apply to vehicles used by

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elective State officers, by executive heads of State agencies
and departments, by presidents of colleges or universities
placed under control of officers of this State, or by any
employee of a State agency or department in the performance of
investigative services exclusively when the executive head
thereof has requested an exception in writing, and such
exception has been approved in writing by the Department, on
the basis that the identification would hamper the individual
employee in the routine performance of his investigative
duties. A record, open to public inspection, shall be kept by
the Department of all such exceptions approved by it.
This Act shall not apply to vehicles assigned to the use of
the Illinois State Police and the Division of Law Enforcement
of the Department of Natural Resources, and the executive head
heads thereof shall have within its their discretion
determination of the type of markings or identification, if
any, to be affixed to vehicles assigned to the Illinois State
Police said Department or Division nor shall this Act apply to
vehicles assigned to the use of Secretary of State police
officers.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 55. The Illinois Pension Code is amended by
changing Sections 3-110.6, 5-236, 7-139.8, 9-121.10, 14-110,
and 15-134.4 as follows:

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(40 ILCS 5/3-110.6) (from Ch. 108 1/2, par. 3-110.6)
Sec. 3-110.6. Transfer to Article 14 System.
(a) Any active member of the State Employees' Retirement
System who is a State policeman, an investigator for the
Secretary of State, a conservation police officer, an
investigator for the Office of the Attorney General, an
investigator for the Department of Revenue, an investigator
for the Office of the State's Attorneys Appellate Prosecutor,
or a controlled substance inspector may apply for transfer of
some or all of his or her creditable service accumulated in any
police pension fund under this Article to the State Employees'
Retirement System in accordance with Section 14-110. The
creditable service shall be transferred only upon payment by
the police pension fund to the State Employees' Retirement
System of an amount equal to:
(1) the amounts accumulated to the credit of the
applicant for the service to be transferred on the books
of the fund on the date of transfer; and
(2) employer contributions in an amount equal to the
amount determined under subparagraph (1); and
(3) any interest paid by the applicant in order to
reinstate service to be transferred.
Participation in the police pension fund with respect to the
service to be transferred shall terminate on the date of
transfer.
(b) Any person applying to transfer service under this

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Section may reinstate service that was terminated by receipt
of a refund, by paying to the police pension fund the amount of
the refund with interest thereon at the actuarially assumed
rate of interest, compounded annually, from the date of refund
to the date of payment.
(Source: P.A. 95-530, eff. 8-28-07; 96-745, eff. 8-25-09.)
(40 ILCS 5/5-236) (from Ch. 108 1/2, par. 5-236)
Sec. 5-236. Transfer to Article 14.
(a) Any active member of the State Employees' Retirement
System who is a State policeman, conservation police officer,
an investigator for the Office of the Attorney General, an
investigator for the Department of Revenue, or investigator
for the Secretary of State may apply for transfer of some or
all of his or her creditable service accumulated under this
Article to the State Employees' Retirement System in
accordance with Section 14-110. At the time of the transfer
the Fund shall pay to the State Employees' Retirement System
an amount equal to:
(1) the amounts accumulated to the credit of the
applicant for the service to be transferred on the books
of the Fund on the date of transfer; and
(2) the corresponding municipality credits, including
interest, on the books of the Fund on the date of transfer;
and
(3) any interest paid by the applicant in order to

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reinstate service to be transferred.
Participation in this Fund with respect to the service to be
transferred shall terminate on the date of transfer.
(b) Any such State policeman, conservation police officer,
or investigator for the Secretary of State may reinstate
service that was terminated by receipt of a refund, by paying
to the Fund the amount of the refund with interest thereon at
the actuarially assumed rate of interest, compounded annually,
from the date of refund to the date of payment.
(c) Within 30 days after the effective date of this
amendatory Act of 1993, any active member of the State
Employees' Retirement System who was earning eligible
creditable service under subdivision (b)(12) of Section 14-110
on January 1, 1992 and who has at least 17 years of creditable
service under this Article may apply for transfer of his
creditable service accumulated under this Article to the State
Employees' Retirement System. At the time of the transfer the
Fund shall pay to the State Employees' Retirement System an
amount equal to:
(1) the amounts accumulated to the credit of the
applicant on the books of the Fund on the date of transfer;
and
(2) the corresponding municipality credits, including
interest, on the books of the Fund on the date of transfer.
Participation in this Fund shall terminate on the date of
transfer.

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(Source: P.A. 95-530, eff. 8-28-07; 96-745, eff. 8-25-09.)
(40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
Sec. 7-139.8. Transfer to Article 14 System.
(a) Any active member of the State Employees' Retirement
System who is a State policeman, an investigator for the
Secretary of State, a conservation police officer, an
investigator for the Office of the Attorney General, an
investigator for the Department of Revenue, an investigator
for the Illinois Gaming Board, an arson investigator, a
Commerce Commission police officer, an investigator for the
Office of the State's Attorneys Appellate Prosecutor, or a
controlled substance inspector may apply for transfer of some
or all of his or her credits and creditable service
accumulated in this Fund for service as a sheriff's law
enforcement employee, person employed by a participating
municipality to perform police duties, or law enforcement
officer employed on a full-time basis by a forest preserve
district to the State Employees' Retirement System in
accordance with Section 14-110. The creditable service shall
be transferred only upon payment by this Fund to the State
Employees' Retirement System of an amount equal to:
(1) the amounts accumulated to the credit of the
applicant for the service to be transferred, including
interest; and
(2) municipality credits based on such service,

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including interest; and
(3) any interest paid by the applicant to reinstate
such service.
Participation in this Fund as to any credits transferred under
this Section shall terminate on the date of transfer.
(b) Any person applying to transfer service under this
Section may reinstate credits and creditable service
terminated upon receipt of a separation benefit, by paying to
the Fund the amount of the separation benefit plus interest
thereon at the actuarially assumed rate of interest to the
date of payment.
(Source: P.A. 102-210, eff. 7-30-21; 102-856, eff. 1-1-23.)
(40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)
Sec. 9-121.10. Transfer to Article 14.
(a) Any active member of the State Employees' Retirement
System who is a State policeman, investigator for the Office
of the Attorney General, an investigator for the Department of
Revenue, investigator for the Illinois Gaming Board, arson
investigator, or investigator for the Secretary of State, or
conservation police officer may apply for transfer of some or
all of his creditable service as a member of the County Police
Department, a county corrections officer, or a court services
officer accumulated under this Article to the State Employees'
Retirement System in accordance with Section 14-110. At the
time of the transfer the Fund shall pay to the State Employees'

HB3575 - 29 - LRB103 29826 RLC 56234 b
Retirement System an amount equal to:
(1) the amounts accumulated to the credit of the
applicant on the books of the Fund on the date of transfer
for the service to be transferred; and
(2) the corresponding municipality credits, including
interest, on the books of the Fund on the date of transfer;
and
(3) any interest paid by the applicant in order to
reinstate such service.
Participation in this Fund with respect to the credits
transferred shall terminate on the date of transfer.
(b) Any person applying to transfer service under this
Section may reinstate credit for service as a member of the
County Police Department that was terminated by receipt of a
refund, by paying to the Fund the amount of the refund with
interest thereon at the actuarially assumed rate of interest,
compounded annually, from the date of refund to the date of
payment.
(Source: P.A. 102-856, eff. 1-1-23.)
(40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
(Text of Section from P.A. 102-813)
Sec. 14-110. Alternative retirement annuity.
(a) Any member who has withdrawn from service with not
less than 20 years of eligible creditable service and has
attained age 55, and any member who has withdrawn from service

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with not less than 25 years of eligible creditable service and
has attained age 50, regardless of whether the attainment of
either of the specified ages occurs while the member is still
in service, shall be entitled to receive at the option of the
member, in lieu of the regular or minimum retirement annuity,
a retirement annuity computed as follows:
(i) for periods of service as a noncovered employee:
if retirement occurs on or after January 1, 2001, 3% of
final average compensation for each year of creditable
service; if retirement occurs before January 1, 2001, 2
1/4% of final average compensation for each of the first
10 years of creditable service, 2 1/2% for each year above
10 years to and including 20 years of creditable service,
and 2 3/4% for each year of creditable service above 20
years; and
(ii) for periods of eligible creditable service as a
covered employee: if retirement occurs on or after January
1, 2001, 2.5% of final average compensation for each year
of creditable service; if retirement occurs before January
1, 2001, 1.67% of final average compensation for each of
the first 10 years of such service, 1.90% for each of the
next 10 years of such service, 2.10% for each year of such
service in excess of 20 but not exceeding 30, and 2.30% for
each year in excess of 30.
Such annuity shall be subject to a maximum of 75% of final
average compensation if retirement occurs before January 1,

HB3575 - 31 - LRB103 29826 RLC 56234 b
2001 or to a maximum of 80% of final average compensation if
retirement occurs on or after January 1, 2001.
These rates shall not be applicable to any service
performed by a member as a covered employee which is not
eligible creditable service. Service as a covered employee
which is not eligible creditable service shall be subject to
the rates and provisions of Section 14-108.
(b) For the purpose of this Section, "eligible creditable
service" means creditable service resulting from service in
one or more of the following positions:
(1) State policeman;
(2) fire fighter in the fire protection service of a
department;
(3) air pilot;
(4) special agent;
(5) investigator for the Secretary of State;
(6) conservation police officer for service before the
effective date of this amendatory Act of the 103rd General
Assembly;
(7) investigator for the Department of Revenue or the
Illinois Gaming Board;
(8) security employee of the Department of Human
Services;
(9) Central Management Services security police
officer;
(10) security employee of the Department of

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Corrections or the Department of Juvenile Justice;
(11) dangerous drugs investigator;
(12) investigator for the Illinois State Police;
(13) investigator for the Office of the Attorney
General;
(14) controlled substance inspector;
(15) investigator for the Office of the State's
Attorneys Appellate Prosecutor;
(16) Commerce Commission police officer for service
before the effective date of this amendatory Act of the
103rd General Assembly;
(17) arson investigator;
(18) State highway maintenance worker;
(19) security employee of the Department of Innovation
and Technology; or
(20) transferred employee.
A person employed in one of the positions specified in
this subsection is entitled to eligible creditable service for
service credit earned under this Article while undergoing the
basic police training course approved by the Illinois Law
Enforcement Training Standards Board, if completion of that
training is required of persons serving in that position. For
the purposes of this Code, service during the required basic
police training course shall be deemed performance of the
duties of the specified position, even though the person is
not a sworn peace officer at the time of the training.

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A person under paragraph (20) is entitled to eligible
creditable service for service credit earned under this
Article on and after his or her transfer by Executive Order No.
2003-10, Executive Order No. 2004-2, or Executive Order No.
2016-1.
(c) For the purposes of this Section:
(1) The term "State policeman" includes any title or
position in the Illinois State Police that is held by an
individual employed under the Illinois State Police Act.
(2) The term "fire fighter in the fire protection
service of a department" includes all officers in such
fire protection service including fire chiefs and
assistant fire chiefs.
(3) The term "air pilot" includes any employee whose
official job description on file in the Department of
Central Management Services, or in the department by which
he is employed if that department is not covered by the
Personnel Code, states that his principal duty is the
operation of aircraft, and who possesses a pilot's
license; however, the change in this definition made by
Public Act 83-842 shall not operate to exclude any
noncovered employee who was an "air pilot" for the
purposes of this Section on January 1, 1984.
(4) The term "special agent" means any person who by
reason of employment by the Division of Narcotic Control,
the Bureau of Investigation or, after July 1, 1977, the

HB3575 - 34 - LRB103 29826 RLC 56234 b
Division of Criminal Investigation, the Division of
Internal Investigation, the Division of Operations, the
Division of Patrol Operations, or any other Division or
organizational entity in the Illinois State Police is
vested by law with duties to maintain public order,
investigate violations of the criminal law of this State,
enforce the laws of this State, make arrests and recover
property. The term "special agent" includes any title or
position in the Illinois State Police that is held by an
individual employed under the Illinois State Police Act.
(5) The term "investigator for the Secretary of State"
means any person employed by the Office of the Secretary
of State and vested with such investigative duties as
render him ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
A person who became employed as an investigator for
the Secretary of State between January 1, 1967 and
December 31, 1975, and who has served as such until
attainment of age 60, either continuously or with a single
break in service of not more than 3 years duration, which
break terminated before January 1, 1976, shall be entitled
to have his retirement annuity calculated in accordance
with subsection (a), notwithstanding that he has less than
20 years of credit for such service.
(6) The term "Conservation Police Officer" means any

HB3575 - 35 - LRB103 29826 RLC 56234 b
person who was employed by the Division of Law Enforcement
of the Department of Natural Resources before the
effective date of this amendatory Act of the 103rd General
Assembly and vested with such law enforcement duties as
render him ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D), and 218(l)(1) of that Act. The term
"Conservation Police Officer" includes the positions of
Chief Conservation Police Administrator and Assistant
Conservation Police Administrator.
(7) The term "investigator for the Department of
Revenue" means any person employed by the Department of
Revenue and vested with such investigative duties as
render him ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
The term "investigator for the Illinois Gaming Board"
means any person employed as such by the Illinois Gaming
Board and vested with such peace officer duties as render
the person ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D), and 218(l)(1) of that Act.
(8) The term "security employee of the Department of
Human Services" means any person employed by the
Department of Human Services who (i) is employed at the
Chester Mental Health Center and has daily contact with

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the residents thereof, (ii) is employed within a security
unit at a facility operated by the Department and has
daily contact with the residents of the security unit,
(iii) is employed at a facility operated by the Department
that includes a security unit and is regularly scheduled
to work at least 50% of his or her working hours within
that security unit, or (iv) is a mental health police
officer. "Mental health police officer" means any person
employed by the Department of Human Services in a position
pertaining to the Department's mental health and
developmental disabilities functions who is vested with
such law enforcement duties as render the person
ineligible for coverage under the Social Security Act by
reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
218(l)(1) of that Act. "Security unit" means that portion
of a facility that is devoted to the care, containment,
and treatment of persons committed to the Department of
Human Services as sexually violent persons, persons unfit
to stand trial, or persons not guilty by reason of
insanity. With respect to past employment, references to
the Department of Human Services include its predecessor,
the Department of Mental Health and Developmental
Disabilities.
The changes made to this subdivision (c)(8) by Public
Act 92-14 apply to persons who retire on or after January
1, 2001, notwithstanding Section 1-103.1.

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(9) "Central Management Services security police
officer" means any person employed by the Department of
Central Management Services who is vested with such law
enforcement duties as render him ineligible for coverage
under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
(10) For a member who first became an employee under
this Article before July 1, 2005, the term "security
employee of the Department of Corrections or the
Department of Juvenile Justice" means any employee of the
Department of Corrections or the Department of Juvenile
Justice or the former Department of Personnel, and any
member or employee of the Prisoner Review Board, who has
daily contact with inmates or youth by working within a
correctional facility or Juvenile facility operated by the
Department of Juvenile Justice or who is a parole officer
or an employee who has direct contact with committed
persons in the performance of his or her job duties. For a
member who first becomes an employee under this Article on
or after July 1, 2005, the term means an employee of the
Department of Corrections or the Department of Juvenile
Justice who is any of the following: (i) officially
headquartered at a correctional facility or Juvenile
facility operated by the Department of Juvenile Justice,
(ii) a parole officer, (iii) a member of the apprehension
unit, (iv) a member of the intelligence unit, (v) a member

HB3575 - 38 - LRB103 29826 RLC 56234 b
of the sort team, or (vi) an investigator.
(11) The term "dangerous drugs investigator" means any
person who is employed as such by the Department of Human
Services.
(12) The term "investigator for the Illinois State
Police" means a person employed by the Illinois State
Police who is vested under Section 4 of the Narcotic
Control Division Abolition Act with such law enforcement
powers as render him ineligible for coverage under the
Social Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
(13) "Investigator for the Office of the Attorney
General" means any person who is employed as such by the
Office of the Attorney General and is vested with such
investigative duties as render him ineligible for coverage
under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
the period before January 1, 1989, the term includes all
persons who were employed as investigators by the Office
of the Attorney General, without regard to social security
status.
(14) "Controlled substance inspector" means any person
who is employed as such by the Department of Professional
Regulation and is vested with such law enforcement duties
as render him ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),

HB3575 - 39 - LRB103 29826 RLC 56234 b
218(d)(8)(D) and 218(l)(1) of that Act. The term
"controlled substance inspector" includes the Program
Executive of Enforcement and the Assistant Program
Executive of Enforcement.
(15) The term "investigator for the Office of the
State's Attorneys Appellate Prosecutor" means a person
employed in that capacity on a full-time basis under the
authority of Section 7.06 of the State's Attorneys
Appellate Prosecutor's Act.
(16) "Commerce Commission police officer" means any
person who was employed by the Illinois Commerce
Commission and who was is vested with such law enforcement
duties and employed by the Illinois Commerce Commission
before the effective date of this amendatory Act of the
103rd General Assembly as render him ineligible for
coverage under the Social Security Act by reason of
Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that
Act.
(17) "Arson investigator" means any person who is
employed as such by the Office of the State Fire Marshal
and is vested with such law enforcement duties as render
the person ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D), and 218(l)(1) of that Act. A person who was
employed as an arson investigator on January 1, 1995 and
is no longer in service but not yet receiving a retirement

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annuity may convert his or her creditable service for
employment as an arson investigator into eligible
creditable service by paying to the System the difference
between the employee contributions actually paid for that
service and the amounts that would have been contributed
if the applicant were contributing at the rate applicable
to persons with the same social security status earning
eligible creditable service on the date of application.
(18) The term "State highway maintenance worker" means
a person who is either of the following:
(i) A person employed on a full-time basis by the
Illinois Department of Transportation in the position
of highway maintainer, highway maintenance lead
worker, highway maintenance lead/lead worker, heavy
construction equipment operator, power shovel
operator, or bridge mechanic; and whose principal
responsibility is to perform, on the roadway, the
actual maintenance necessary to keep the highways that
form a part of the State highway system in serviceable
condition for vehicular traffic.
(ii) A person employed on a full-time basis by the
Illinois State Toll Highway Authority in the position
of equipment operator/laborer H-4, equipment
operator/laborer H-6, welder H-4, welder H-6,
mechanical/electrical H-4, mechanical/electrical H-6,
water/sewer H-4, water/sewer H-6, sign maker/hanger

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H-4, sign maker/hanger H-6, roadway lighting H-4,
roadway lighting H-6, structural H-4, structural H-6,
painter H-4, or painter H-6; and whose principal
responsibility is to perform, on the roadway, the
actual maintenance necessary to keep the Authority's
tollways in serviceable condition for vehicular
traffic.
(19) The term "security employee of the Department of
Innovation and Technology" means a person who was a
security employee of the Department of Corrections or the
Department of Juvenile Justice, was transferred to the
Department of Innovation and Technology pursuant to
Executive Order 2016-01, and continues to perform similar
job functions under that Department.
(20) "Transferred employee" means an employee who was
transferred to the Department of Central Management
Services by Executive Order No. 2003-10 or Executive Order
No. 2004-2 or transferred to the Department of Innovation
and Technology by Executive Order No. 2016-1, or both, and
was entitled to eligible creditable service for services
immediately preceding the transfer.
(d) A security employee of the Department of Corrections
or the Department of Juvenile Justice, a security employee of
the Department of Human Services who is not a mental health
police officer, and a security employee of the Department of
Innovation and Technology shall not be eligible for the

HB3575 - 42 - LRB103 29826 RLC 56234 b
alternative retirement annuity provided by this Section unless
he or she meets the following minimum age and service
requirements at the time of retirement:
(i) 25 years of eligible creditable service and age
55; or
(ii) beginning January 1, 1987, 25 years of eligible
creditable service and age 54, or 24 years of eligible
creditable service and age 55; or
(iii) beginning January 1, 1988, 25 years of eligible
creditable service and age 53, or 23 years of eligible
creditable service and age 55; or
(iv) beginning January 1, 1989, 25 years of eligible
creditable service and age 52, or 22 years of eligible
creditable service and age 55; or
(v) beginning January 1, 1990, 25 years of eligible
creditable service and age 51, or 21 years of eligible
creditable service and age 55; or
(vi) beginning January 1, 1991, 25 years of eligible
creditable service and age 50, or 20 years of eligible
creditable service and age 55.
Persons who have service credit under Article 16 of this
Code for service as a security employee of the Department of
Corrections or the Department of Juvenile Justice, or the
Department of Human Services in a position requiring
certification as a teacher may count such service toward
establishing their eligibility under the service requirements

HB3575 - 43 - LRB103 29826 RLC 56234 b
of this Section; but such service may be used only for
establishing such eligibility, and not for the purpose of
increasing or calculating any benefit.
(e) If a member enters military service while working in a
position in which eligible creditable service may be earned,
and returns to State service in the same or another such
position, and fulfills in all other respects the conditions
prescribed in this Article for credit for military service,
such military service shall be credited as eligible creditable
service for the purposes of the retirement annuity prescribed
in this Section.
(f) For purposes of calculating retirement annuities under
this Section, periods of service rendered after December 31,
1968 and before October 1, 1975 as a covered employee in the
position of special agent, conservation police officer, mental
health police officer, or investigator for the Secretary of
State, shall be deemed to have been service as a noncovered
employee, provided that the employee pays to the System prior
to retirement an amount equal to (1) the difference between
the employee contributions that would have been required for
such service as a noncovered employee, and the amount of
employee contributions actually paid, plus (2) if payment is
made after July 31, 1987, regular interest on the amount
specified in item (1) from the date of service to the date of
payment.
For purposes of calculating retirement annuities under

HB3575 - 44 - LRB103 29826 RLC 56234 b
this Section, periods of service rendered after December 31,
1968 and before January 1, 1982 as a covered employee in the
position of investigator for the Department of Revenue shall
be deemed to have been service as a noncovered employee,
provided that the employee pays to the System prior to
retirement an amount equal to (1) the difference between the
employee contributions that would have been required for such
service as a noncovered employee, and the amount of employee
contributions actually paid, plus (2) if payment is made after
January 1, 1990, regular interest on the amount specified in
item (1) from the date of service to the date of payment.
(g) A State policeman may elect, not later than January 1,
1990, to establish eligible creditable service for up to 10
years of his service as a policeman under Article 3, by filing
a written election with the Board, accompanied by payment of
an amount to be determined by the Board, equal to (i) the
difference between the amount of employee and employer
contributions transferred to the System under Section 3-110.5,
and the amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service
to the date of payment.
Subject to the limitation in subsection (i), a State
policeman may elect, not later than July 1, 1993, to establish
eligible creditable service for up to 10 years of his service

HB3575 - 45 - LRB103 29826 RLC 56234 b
as a member of the County Police Department under Article 9, by
filing a written election with the Board, accompanied by
payment of an amount to be determined by the Board, equal to
(i) the difference between the amount of employee and employer
contributions transferred to the System under Section 9-121.10
and the amounts that would have been contributed had those
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service
to the date of payment.
(h) Subject to the limitation in subsection (i), a State
policeman or investigator for the Secretary of State may elect
to establish eligible creditable service for up to 12 years of
his service as a policeman under Article 5, by filing a written
election with the Board on or before January 31, 1992, and
paying to the System by January 31, 1994 an amount to be
determined by the Board, equal to (i) the difference between
the amount of employee and employer contributions transferred
to the System under Section 5-236, and the amounts that would
have been contributed had such contributions been made at the
rates applicable to State policemen, plus (ii) interest
thereon at the effective rate for each year, compounded
annually, from the date of service to the date of payment.
Subject to the limitation in subsection (i), a State
policeman, conservation police officer, or investigator for
the Secretary of State may elect to establish eligible

HB3575 - 46 - LRB103 29826 RLC 56234 b
creditable service for up to 10 years of service as a sheriff's
law enforcement employee under Article 7, by filing a written
election with the Board on or before January 31, 1993, and
paying to the System by January 31, 1994 an amount to be
determined by the Board, equal to (i) the difference between
the amount of employee and employer contributions transferred
to the System under Section 7-139.7, and the amounts that
would have been contributed had such contributions been made
at the rates applicable to State policemen, plus (ii) interest
thereon at the effective rate for each year, compounded
annually, from the date of service to the date of payment.
Subject to the limitation in subsection (i), a State
policeman, conservation police officer, or investigator for
the Secretary of State may elect to establish eligible
creditable service for up to 5 years of service as a police
officer under Article 3, a policeman under Article 5, a
sheriff's law enforcement employee under Article 7, a member
of the county police department under Article 9, or a police
officer under Article 15 by filing a written election with the
Board and paying to the System an amount to be determined by
the Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
and the amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate

HB3575 - 47 - LRB103 29826 RLC 56234 b
for each year, compounded annually, from the date of service
to the date of payment.
Subject to the limitation in subsection (i), an
investigator for the Office of the Attorney General, or an
investigator for the Department of Revenue, may elect to
establish eligible creditable service for up to 5 years of
service as a police officer under Article 3, a policeman under
Article 5, a sheriff's law enforcement employee under Article
7, or a member of the county police department under Article 9
by filing a written election with the Board within 6 months
after August 25, 2009 (the effective date of Public Act
96-745) and paying to the System an amount to be determined by
the Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the actuarially
assumed rate for each year, compounded annually, from the date
of service to the date of payment.
Subject to the limitation in subsection (i), a State
policeman, conservation police officer, investigator for the
Office of the Attorney General, an investigator for the
Department of Revenue, or investigator for the Secretary of
State may elect to establish eligible creditable service for
up to 5 years of service as a person employed by a

HB3575 - 48 - LRB103 29826 RLC 56234 b
participating municipality to perform police duties, or law
enforcement officer employed on a full-time basis by a forest
preserve district under Article 7, a county corrections
officer, or a court services officer under Article 9, by
filing a written election with the Board within 6 months after
August 25, 2009 (the effective date of Public Act 96-745) and
paying to the System an amount to be determined by the Board,
equal to (i) the difference between the amount of employee and
employer contributions transferred to the System under
Sections 7-139.8 and 9-121.10 and the amounts that would have
been contributed had such contributions been made at the rates
applicable to State policemen, plus (ii) interest thereon at
the actuarially assumed rate for each year, compounded
annually, from the date of service to the date of payment.
Subject to the limitation in subsection (i), a State
policeman, arson investigator, or Commerce Commission police
officer may elect to establish eligible creditable service for
up to 5 years of service as a person employed by a
participating municipality to perform police duties under
Article 7, a county corrections officer, a court services
officer under Article 9, or a firefighter under Article 4 by
filing a written election with the Board within 6 months after
July 30, 2021 (the effective date of Public Act 102-210) and
paying to the System an amount to be determined by the Board
equal to (i) the difference between the amount of employee and
employer contributions transferred to the System under

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Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
would have been contributed had such contributions been made
at the rates applicable to State policemen, plus (ii) interest
thereon at the actuarially assumed rate for each year,
compounded annually, from the date of service to the date of
payment.
Subject to the limitation in subsection (i), a
conservation police officer may elect to establish eligible
creditable service for up to 5 years of service as a person
employed by a participating municipality to perform police
duties under Article 7, a county corrections officer, or a
court services officer under Article 9 by filing a written
election with the Board within 6 months after July 30, 2021
(the effective date of Public Act 102-210) and paying to the
System an amount to be determined by the Board equal to (i) the
difference between the amount of employee and employer
contributions transferred to the System under Sections 7-139.8
and 9-121.10 and the amounts that would have been contributed
had such contributions been made at the rates applicable to
State policemen, plus (ii) interest thereon at the actuarially
assumed rate for each year, compounded annually, from the date
of service to the date of payment.
Notwithstanding the limitation in subsection (i), a State
policeman or conservation police officer may elect to convert
service credit earned under this Article to eligible
creditable service, as defined by this Section, by filing a

HB3575 - 50 - LRB103 29826 RLC 56234 b
written election with the board within 6 months after July 30,
2021 (the effective date of Public Act 102-210) and paying to
the System an amount to be determined by the Board equal to (i)
the difference between the amount of employee contributions
originally paid for that service and the amounts that would
have been contributed had such contributions been made at the
rates applicable to State policemen, plus (ii) the difference
between the employer's normal cost of the credit prior to the
conversion authorized by Public Act 102-210 and the employer's
normal cost of the credit converted in accordance with Public
Act 102-210, plus (iii) interest thereon at the actuarially
assumed rate for each year, compounded annually, from the date
of service to the date of payment.
(i) The total amount of eligible creditable service
established by any person under subsections (g), (h), (j),
(k), (l), (l-5), and (o) of this Section shall not exceed 12
years.
(j) Subject to the limitation in subsection (i), an
investigator for the Office of the State's Attorneys Appellate
Prosecutor or a controlled substance inspector may elect to
establish eligible creditable service for up to 10 years of
his service as a policeman under Article 3 or a sheriff's law
enforcement employee under Article 7, by filing a written
election with the Board, accompanied by payment of an amount
to be determined by the Board, equal to (1) the difference
between the amount of employee and employer contributions

HB3575 - 51 - LRB103 29826 RLC 56234 b
transferred to the System under Section 3-110.6 or 7-139.8,
and the amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (2) interest thereon at the effective rate for
each year, compounded annually, from the date of service to
the date of payment.
(k) Subject to the limitation in subsection (i) of this
Section, an alternative formula employee may elect to
establish eligible creditable service for periods spent as a
full-time law enforcement officer or full-time corrections
officer employed by the federal government or by a state or
local government located outside of Illinois, for which credit
is not held in any other public employee pension fund or
retirement system. To obtain this credit, the applicant must
file a written application with the Board by March 31, 1998,
accompanied by evidence of eligibility acceptable to the Board
and payment of an amount to be determined by the Board, equal
to (1) employee contributions for the credit being
established, based upon the applicant's salary on the first
day as an alternative formula employee after the employment
for which credit is being established and the rates then
applicable to alternative formula employees, plus (2) an
amount determined by the Board to be the employer's normal
cost of the benefits accrued for the credit being established,
plus (3) regular interest on the amounts in items (1) and (2)
from the first day as an alternative formula employee after

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the employment for which credit is being established to the
date of payment.
(l) Subject to the limitation in subsection (i), a
security employee of the Department of Corrections may elect,
not later than July 1, 1998, to establish eligible creditable
service for up to 10 years of his or her service as a policeman
under Article 3, by filing a written election with the Board,
accompanied by payment of an amount to be determined by the
Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 3-110.5, and the amounts that would have been
contributed had such contributions been made at the rates
applicable to security employees of the Department of
Corrections, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service
to the date of payment.
(l-5) Subject to the limitation in subsection (i) of this
Section, a State policeman may elect to establish eligible
creditable service for up to 5 years of service as a full-time
law enforcement officer employed by the federal government or
by a state or local government located outside of Illinois for
which credit is not held in any other public employee pension
fund or retirement system. To obtain this credit, the
applicant must file a written application with the Board no
later than 3 years after January 1, 2020 (the effective date of
Public Act 101-610), accompanied by evidence of eligibility

HB3575 - 53 - LRB103 29826 RLC 56234 b
acceptable to the Board and payment of an amount to be
determined by the Board, equal to (1) employee contributions
for the credit being established, based upon the applicant's
salary on the first day as an alternative formula employee
after the employment for which credit is being established and
the rates then applicable to alternative formula employees,
plus (2) an amount determined by the Board to be the employer's
normal cost of the benefits accrued for the credit being
established, plus (3) regular interest on the amounts in items
(1) and (2) from the first day as an alternative formula
employee after the employment for which credit is being
established to the date of payment.
(m) The amendatory changes to this Section made by Public
Act 94-696 apply only to: (1) security employees of the
Department of Juvenile Justice employed by the Department of
Corrections before June 1, 2006 (the effective date of Public
Act 94-696) and transferred to the Department of Juvenile
Justice by Public Act 94-696; and (2) persons employed by the
Department of Juvenile Justice on or after June 1, 2006 (the
effective date of Public Act 94-696) who are required by
subsection (b) of Section 3-2.5-15 of the Unified Code of
Corrections to have any bachelor's or advanced degree from an
accredited college or university or, in the case of persons
who provide vocational training, who are required to have
adequate knowledge in the skill for which they are providing
the vocational training.

HB3575 - 54 - LRB103 29826 RLC 56234 b
(n) A person employed in a position under subsection (b)
of this Section who has purchased service credit under
subsection (j) of Section 14-104 or subsection (b) of Section
14-105 in any other capacity under this Article may convert up
to 5 years of that service credit into service credit covered
under this Section by paying to the Fund an amount equal to (1)
the additional employee contribution required under Section
14-133, plus (2) the additional employer contribution required
under Section 14-131, plus (3) interest on items (1) and (2) at
the actuarially assumed rate from the date of the service to
the date of payment.
(o) Subject to the limitation in subsection (i), a
conservation police officer, investigator for the Secretary of
State, Commerce Commission police officer, investigator for
the Department of Revenue or the Illinois Gaming Board, or
arson investigator subject to subsection (g) of Section 1-160
may elect to convert up to 8 years of service credit
established before January 1, 2020 (the effective date of
Public Act 101-610) as a conservation police officer,
investigator for the Secretary of State, Commerce Commission
police officer, investigator for the Department of Revenue or
the Illinois Gaming Board, or arson investigator under this
Article into eligible creditable service by filing a written
election with the Board no later than one year after January 1,
2020 (the effective date of Public Act 101-610), accompanied
by payment of an amount to be determined by the Board equal to

HB3575 - 55 - LRB103 29826 RLC 56234 b
(i) the difference between the amount of the employee
contributions actually paid for that service and the amount of
the employee contributions that would have been paid had the
employee contributions been made as a noncovered employee
serving in a position in which eligible creditable service, as
defined in this Section, may be earned, plus (ii) interest
thereon at the effective rate for each year, compounded
annually, from the date of service to the date of payment.
(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(Text of Section from P.A. 102-856)
Sec. 14-110. Alternative retirement annuity.
(a) Any member who has withdrawn from service with not
less than 20 years of eligible creditable service and has
attained age 55, and any member who has withdrawn from service
with not less than 25 years of eligible creditable service and
has attained age 50, regardless of whether the attainment of
either of the specified ages occurs while the member is still
in service, shall be entitled to receive at the option of the
member, in lieu of the regular or minimum retirement annuity,
a retirement annuity computed as follows:
(i) for periods of service as a noncovered employee:
if retirement occurs on or after January 1, 2001, 3% of
final average compensation for each year of creditable
service; if retirement occurs before January 1, 2001, 2

HB3575 - 56 - LRB103 29826 RLC 56234 b
1/4% of final average compensation for each of the first
10 years of creditable service, 2 1/2% for each year above
10 years to and including 20 years of creditable service,
and 2 3/4% for each year of creditable service above 20
years; and
(ii) for periods of eligible creditable service as a
covered employee: if retirement occurs on or after January
1, 2001, 2.5% of final average compensation for each year
of creditable service; if retirement occurs before January
1, 2001, 1.67% of final average compensation for each of
the first 10 years of such service, 1.90% for each of the
next 10 years of such service, 2.10% for each year of such
service in excess of 20 but not exceeding 30, and 2.30% for
each year in excess of 30.
Such annuity shall be subject to a maximum of 75% of final
average compensation if retirement occurs before January 1,
2001 or to a maximum of 80% of final average compensation if
retirement occurs on or after January 1, 2001.
These rates shall not be applicable to any service
performed by a member as a covered employee which is not
eligible creditable service. Service as a covered employee
which is not eligible creditable service shall be subject to
the rates and provisions of Section 14-108.
(b) For the purpose of this Section, "eligible creditable
service" means creditable service resulting from service in
one or more of the following positions:

HB3575 - 57 - LRB103 29826 RLC 56234 b
(1) State policeman;
(2) fire fighter in the fire protection service of a
department;
(3) air pilot;
(4) special agent;
(5) investigator for the Secretary of State;
(6) conservation police officer before the effective
date of this amendatory Act of the 103rd General Assembly;
(7) investigator for the Department of Revenue or the
Illinois Gaming Board;
(8) security employee of the Department of Human
Services;
(9) Central Management Services security police
officer;
(10) security employee of the Department of
Corrections or the Department of Juvenile Justice;
(11) dangerous drugs investigator;
(12) investigator for the Illinois State Police;
(13) investigator for the Office of the Attorney
General;
(14) controlled substance inspector;
(15) investigator for the Office of the State's
Attorneys Appellate Prosecutor;
(16) Commerce Commission police officer;
(17) arson investigator;
(18) State highway maintenance worker;

HB3575 - 58 - LRB103 29826 RLC 56234 b
(19) security employee of the Department of Innovation
and Technology; or
(20) transferred employee.
A person employed in one of the positions specified in
this subsection is entitled to eligible creditable service for
service credit earned under this Article while undergoing the
basic police training course approved by the Illinois Law
Enforcement Training Standards Board, if completion of that
training is required of persons serving in that position. For
the purposes of this Code, service during the required basic
police training course shall be deemed performance of the
duties of the specified position, even though the person is
not a sworn peace officer at the time of the training.
A person under paragraph (20) is entitled to eligible
creditable service for service credit earned under this
Article on and after his or her transfer by Executive Order No.
2003-10, Executive Order No. 2004-2, or Executive Order No.
2016-1.
(c) For the purposes of this Section:
(1) The term "State policeman" includes any title or
position in the Illinois State Police that is held by an
individual employed under the Illinois State Police Act.
(2) The term "fire fighter in the fire protection
service of a department" includes all officers in such
fire protection service including fire chiefs and
assistant fire chiefs.

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(3) The term "air pilot" includes any employee whose
official job description on file in the Department of
Central Management Services, or in the department by which
he is employed if that department is not covered by the
Personnel Code, states that his principal duty is the
operation of aircraft, and who possesses a pilot's
license; however, the change in this definition made by
Public Act 83-842 shall not operate to exclude any
noncovered employee who was an "air pilot" for the
purposes of this Section on January 1, 1984.
(4) The term "special agent" means any person who by
reason of employment by the Division of Narcotic Control,
the Bureau of Investigation or, after July 1, 1977, the
Division of Criminal Investigation, the Division of
Internal Investigation, the Division of Operations, the
Division of Patrol Operations, or any other Division or
organizational entity in the Illinois State Police is
vested by law with duties to maintain public order,
investigate violations of the criminal law of this State,
enforce the laws of this State, make arrests and recover
property. The term "special agent" includes any title or
position in the Illinois State Police that is held by an
individual employed under the Illinois State Police Act.
(5) The term "investigator for the Secretary of State"
means any person employed by the Office of the Secretary
of State and vested with such investigative duties as

HB3575 - 60 - LRB103 29826 RLC 56234 b
render him ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
A person who became employed as an investigator for
the Secretary of State between January 1, 1967 and
December 31, 1975, and who has served as such until
attainment of age 60, either continuously or with a single
break in service of not more than 3 years duration, which
break terminated before January 1, 1976, shall be entitled
to have his retirement annuity calculated in accordance
with subsection (a), notwithstanding that he has less than
20 years of credit for such service.
(6) The term "Conservation Police Officer" means any
person employed by the Division of Law Enforcement of the
Department of Natural Resources before the effective date
of this amendatory Act of the 103rd General Assembly and
vested with such law enforcement duties as render him
ineligible for coverage under the Social Security Act by
reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
218(l)(1) of that Act. The term "Conservation Police
Officer" includes the positions of Chief Conservation
Police Administrator and Assistant Conservation Police
Administrator.
(7) The term "investigator for the Department of
Revenue" means any person employed by the Department of
Revenue and vested with such investigative duties as

HB3575 - 61 - LRB103 29826 RLC 56234 b
render him ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
The term "investigator for the Illinois Gaming Board"
means any person employed as such by the Illinois Gaming
Board and vested with such peace officer duties as render
the person ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D), and 218(l)(1) of that Act.
(8) The term "security employee of the Department of
Human Services" means any person employed by the
Department of Human Services who (i) is employed at the
Chester Mental Health Center and has daily contact with
the residents thereof, (ii) is employed within a security
unit at a facility operated by the Department and has
daily contact with the residents of the security unit,
(iii) is employed at a facility operated by the Department
that includes a security unit and is regularly scheduled
to work at least 50% of his or her working hours within
that security unit, or (iv) is a mental health police
officer. "Mental health police officer" means any person
employed by the Department of Human Services in a position
pertaining to the Department's mental health and
developmental disabilities functions who is vested with
such law enforcement duties as render the person
ineligible for coverage under the Social Security Act by

HB3575 - 62 - LRB103 29826 RLC 56234 b
reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
218(l)(1) of that Act. "Security unit" means that portion
of a facility that is devoted to the care, containment,
and treatment of persons committed to the Department of
Human Services as sexually violent persons, persons unfit
to stand trial, or persons not guilty by reason of
insanity. With respect to past employment, references to
the Department of Human Services include its predecessor,
the Department of Mental Health and Developmental
Disabilities.
The changes made to this subdivision (c)(8) by Public
Act 92-14 apply to persons who retire on or after January
1, 2001, notwithstanding Section 1-103.1.
(9) "Central Management Services security police
officer" means any person employed by the Department of
Central Management Services who is vested with such law
enforcement duties as render him ineligible for coverage
under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
(10) For a member who first became an employee under
this Article before July 1, 2005, the term "security
employee of the Department of Corrections or the
Department of Juvenile Justice" means any employee of the
Department of Corrections or the Department of Juvenile
Justice or the former Department of Personnel, and any
member or employee of the Prisoner Review Board, who has

HB3575 - 63 - LRB103 29826 RLC 56234 b
daily contact with inmates or youth by working within a
correctional facility or Juvenile facility operated by the
Department of Juvenile Justice or who is a parole officer
or an employee who has direct contact with committed
persons in the performance of his or her job duties. For a
member who first becomes an employee under this Article on
or after July 1, 2005, the term means an employee of the
Department of Corrections or the Department of Juvenile
Justice who is any of the following: (i) officially
headquartered at a correctional facility or Juvenile
facility operated by the Department of Juvenile Justice,
(ii) a parole officer, (iii) a member of the apprehension
unit, (iv) a member of the intelligence unit, (v) a member
of the sort team, or (vi) an investigator.
(11) The term "dangerous drugs investigator" means any
person who is employed as such by the Department of Human
Services.
(12) The term "investigator for the Illinois State
Police" means a person employed by the Illinois State
Police who is vested under Section 4 of the Narcotic
Control Division Abolition Act with such law enforcement
powers as render him ineligible for coverage under the
Social Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
(13) "Investigator for the Office of the Attorney
General" means any person who is employed as such by the

HB3575 - 64 - LRB103 29826 RLC 56234 b
Office of the Attorney General and is vested with such
investigative duties as render him ineligible for coverage
under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
the period before January 1, 1989, the term includes all
persons who were employed as investigators by the Office
of the Attorney General, without regard to social security
status.
(14) "Controlled substance inspector" means any person
who is employed as such by the Department of Professional
Regulation and is vested with such law enforcement duties
as render him ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. The term
"controlled substance inspector" includes the Program
Executive of Enforcement and the Assistant Program
Executive of Enforcement.
(15) The term "investigator for the Office of the
State's Attorneys Appellate Prosecutor" means a person
employed in that capacity on a full-time basis under the
authority of Section 7.06 of the State's Attorneys
Appellate Prosecutor's Act.
(16) "Commerce Commission police officer" means any
person employed by the Illinois Commerce Commission who is
vested with such law enforcement duties as render him
ineligible for coverage under the Social Security Act by

HB3575 - 65 - LRB103 29826 RLC 56234 b
reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
218(l)(1) of that Act.
(17) "Arson investigator" means any person who is
employed as such by the Office of the State Fire Marshal
and is vested with such law enforcement duties as render
the person ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D), and 218(l)(1) of that Act. A person who was
employed as an arson investigator on January 1, 1995 and
is no longer in service but not yet receiving a retirement
annuity may convert his or her creditable service for
employment as an arson investigator into eligible
creditable service by paying to the System the difference
between the employee contributions actually paid for that
service and the amounts that would have been contributed
if the applicant were contributing at the rate applicable
to persons with the same social security status earning
eligible creditable service on the date of application.
(18) The term "State highway maintenance worker" means
a person who is either of the following:
(i) A person employed on a full-time basis by the
Illinois Department of Transportation in the position
of highway maintainer, highway maintenance lead
worker, highway maintenance lead/lead worker, heavy
construction equipment operator, power shovel
operator, or bridge mechanic; and whose principal

HB3575 - 66 - LRB103 29826 RLC 56234 b
responsibility is to perform, on the roadway, the
actual maintenance necessary to keep the highways that
form a part of the State highway system in serviceable
condition for vehicular traffic.
(ii) A person employed on a full-time basis by the
Illinois State Toll Highway Authority in the position
of equipment operator/laborer H-4, equipment
operator/laborer H-6, welder H-4, welder H-6,
mechanical/electrical H-4, mechanical/electrical H-6,
water/sewer H-4, water/sewer H-6, sign maker/hanger
H-4, sign maker/hanger H-6, roadway lighting H-4,
roadway lighting H-6, structural H-4, structural H-6,
painter H-4, or painter H-6; and whose principal
responsibility is to perform, on the roadway, the
actual maintenance necessary to keep the Authority's
tollways in serviceable condition for vehicular
traffic.
(19) The term "security employee of the Department of
Innovation and Technology" means a person who was a
security employee of the Department of Corrections or the
Department of Juvenile Justice, was transferred to the
Department of Innovation and Technology pursuant to
Executive Order 2016-01, and continues to perform similar
job functions under that Department.
(20) "Transferred employee" means an employee who was
transferred to the Department of Central Management

HB3575 - 67 - LRB103 29826 RLC 56234 b
Services by Executive Order No. 2003-10 or Executive Order
No. 2004-2 or transferred to the Department of Innovation
and Technology by Executive Order No. 2016-1, or both, and
was entitled to eligible creditable service for services
immediately preceding the transfer.
(d) A security employee of the Department of Corrections
or the Department of Juvenile Justice, a security employee of
the Department of Human Services who is not a mental health
police officer, and a security employee of the Department of
Innovation and Technology shall not be eligible for the
alternative retirement annuity provided by this Section unless
he or she meets the following minimum age and service
requirements at the time of retirement:
(i) 25 years of eligible creditable service and age
55; or
(ii) beginning January 1, 1987, 25 years of eligible
creditable service and age 54, or 24 years of eligible
creditable service and age 55; or
(iii) beginning January 1, 1988, 25 years of eligible
creditable service and age 53, or 23 years of eligible
creditable service and age 55; or
(iv) beginning January 1, 1989, 25 years of eligible
creditable service and age 52, or 22 years of eligible
creditable service and age 55; or
(v) beginning January 1, 1990, 25 years of eligible
creditable service and age 51, or 21 years of eligible

HB3575 - 68 - LRB103 29826 RLC 56234 b
creditable service and age 55; or
(vi) beginning January 1, 1991, 25 years of eligible
creditable service and age 50, or 20 years of eligible
creditable service and age 55.
Persons who have service credit under Article 16 of this
Code for service as a security employee of the Department of
Corrections or the Department of Juvenile Justice, or the
Department of Human Services in a position requiring
certification as a teacher may count such service toward
establishing their eligibility under the service requirements
of this Section; but such service may be used only for
establishing such eligibility, and not for the purpose of
increasing or calculating any benefit.
(e) If a member enters military service while working in a
position in which eligible creditable service may be earned,
and returns to State service in the same or another such
position, and fulfills in all other respects the conditions
prescribed in this Article for credit for military service,
such military service shall be credited as eligible creditable
service for the purposes of the retirement annuity prescribed
in this Section.
(f) For purposes of calculating retirement annuities under
this Section, periods of service rendered after December 31,
1968 and before October 1, 1975 as a covered employee in the
position of special agent, conservation police officer, mental
health police officer, or investigator for the Secretary of

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State, shall be deemed to have been service as a noncovered
employee, provided that the employee pays to the System prior
to retirement an amount equal to (1) the difference between
the employee contributions that would have been required for
such service as a noncovered employee, and the amount of
employee contributions actually paid, plus (2) if payment is
made after July 31, 1987, regular interest on the amount
specified in item (1) from the date of service to the date of
payment.
For purposes of calculating retirement annuities under
this Section, periods of service rendered after December 31,
1968 and before January 1, 1982 as a covered employee in the
position of investigator for the Department of Revenue shall
be deemed to have been service as a noncovered employee,
provided that the employee pays to the System prior to
retirement an amount equal to (1) the difference between the
employee contributions that would have been required for such
service as a noncovered employee, and the amount of employee
contributions actually paid, plus (2) if payment is made after
January 1, 1990, regular interest on the amount specified in
item (1) from the date of service to the date of payment.
(g) A State policeman may elect, not later than January 1,
1990, to establish eligible creditable service for up to 10
years of his service as a policeman under Article 3, by filing
a written election with the Board, accompanied by payment of
an amount to be determined by the Board, equal to (i) the

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difference between the amount of employee and employer
contributions transferred to the System under Section 3-110.5,
and the amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service
to the date of payment.
Subject to the limitation in subsection (i), a State
policeman may elect, not later than July 1, 1993, to establish
eligible creditable service for up to 10 years of his service
as a member of the County Police Department under Article 9, by
filing a written election with the Board, accompanied by
payment of an amount to be determined by the Board, equal to
(i) the difference between the amount of employee and employer
contributions transferred to the System under Section 9-121.10
and the amounts that would have been contributed had those
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service
to the date of payment.
(h) Subject to the limitation in subsection (i), a State
policeman or investigator for the Secretary of State may elect
to establish eligible creditable service for up to 12 years of
his service as a policeman under Article 5, by filing a written
election with the Board on or before January 31, 1992, and
paying to the System by January 31, 1994 an amount to be

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determined by the Board, equal to (i) the difference between
the amount of employee and employer contributions transferred
to the System under Section 5-236, and the amounts that would
have been contributed had such contributions been made at the
rates applicable to State policemen, plus (ii) interest
thereon at the effective rate for each year, compounded
annually, from the date of service to the date of payment.
Subject to the limitation in subsection (i), a State
policeman, conservation police officer, or investigator for
the Secretary of State may elect to establish eligible
creditable service for up to 10 years of service as a sheriff's
law enforcement employee under Article 7, by filing a written
election with the Board on or before January 31, 1993, and
paying to the System by January 31, 1994 an amount to be
determined by the Board, equal to (i) the difference between
the amount of employee and employer contributions transferred
to the System under Section 7-139.7, and the amounts that
would have been contributed had such contributions been made
at the rates applicable to State policemen, plus (ii) interest
thereon at the effective rate for each year, compounded
annually, from the date of service to the date of payment.
Subject to the limitation in subsection (i), a State
policeman, conservation police officer, or investigator for
the Secretary of State may elect to establish eligible
creditable service for up to 5 years of service as a police
officer under Article 3, a policeman under Article 5, a

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sheriff's law enforcement employee under Article 7, a member
of the county police department under Article 9, or a police
officer under Article 15 by filing a written election with the
Board and paying to the System an amount to be determined by
the Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
and the amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service
to the date of payment.
Subject to the limitation in subsection (i), an
investigator for the Office of the Attorney General, or an
investigator for the Department of Revenue, may elect to
establish eligible creditable service for up to 5 years of
service as a police officer under Article 3, a policeman under
Article 5, a sheriff's law enforcement employee under Article
7, or a member of the county police department under Article 9
by filing a written election with the Board within 6 months
after August 25, 2009 (the effective date of Public Act
96-745) and paying to the System an amount to be determined by
the Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
amounts that would have been contributed had such

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contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the actuarially
assumed rate for each year, compounded annually, from the date
of service to the date of payment.
Subject to the limitation in subsection (i), a State
policeman, conservation police officer, investigator for the
Office of the Attorney General, an investigator for the
Department of Revenue, or investigator for the Secretary of
State may elect to establish eligible creditable service for
up to 5 years of service as a person employed by a
participating municipality to perform police duties, or law
enforcement officer employed on a full-time basis by a forest
preserve district under Article 7, a county corrections
officer, or a court services officer under Article 9, by
filing a written election with the Board within 6 months after
August 25, 2009 (the effective date of Public Act 96-745) and
paying to the System an amount to be determined by the Board,
equal to (i) the difference between the amount of employee and
employer contributions transferred to the System under
Sections 7-139.8 and 9-121.10 and the amounts that would have
been contributed had such contributions been made at the rates
applicable to State policemen, plus (ii) interest thereon at
the actuarially assumed rate for each year, compounded
annually, from the date of service to the date of payment.
Subject to the limitation in subsection (i), a State
policeman, arson investigator, or Commerce Commission police

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officer may elect to establish eligible creditable service for
up to 5 years of service as a person employed by a
participating municipality to perform police duties under
Article 7, a county corrections officer, a court services
officer under Article 9, or a firefighter under Article 4 by
filing a written election with the Board within 6 months after
July 30, 2021 (the effective date of Public Act 102-210) and
paying to the System an amount to be determined by the Board
equal to (i) the difference between the amount of employee and
employer contributions transferred to the System under
Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
would have been contributed had such contributions been made
at the rates applicable to State policemen, plus (ii) interest
thereon at the actuarially assumed rate for each year,
compounded annually, from the date of service to the date of
payment.
Subject to the limitation in subsection (i), a
conservation police officer may elect to establish eligible
creditable service for up to 5 years of service as a person
employed by a participating municipality to perform police
duties under Article 7, a county corrections officer, or a
court services officer under Article 9 by filing a written
election with the Board within 6 months after July 30, 2021
(the effective date of Public Act 102-210) and paying to the
System an amount to be determined by the Board equal to (i) the
difference between the amount of employee and employer

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contributions transferred to the System under Sections 7-139.8
and 9-121.10 and the amounts that would have been contributed
had such contributions been made at the rates applicable to
State policemen, plus (ii) interest thereon at the actuarially
assumed rate for each year, compounded annually, from the date
of service to the date of payment.
Subject to the limitation in subsection (i), an
investigator for the Department of Revenue, investigator for
the Illinois Gaming Board, investigator for the Secretary of
State, or arson investigator may elect to establish eligible
creditable service for up to 5 years of service as a person
employed by a participating municipality to perform police
duties under Article 7, a county corrections officer, a court
services officer under Article 9, or a firefighter under
Article 4 by filing a written election with the Board within 6
months after the effective date of this amendatory Act of the
102nd General Assembly and paying to the System an amount to be
determined by the Board equal to (i) the difference between
the amount of employee and employer contributions transferred
to the System under Sections 4-108.8, 7-139.8, and 9-121.10
and the amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the actuarially
assumed rate for each year, compounded annually, from the date
of service to the date of payment.
Notwithstanding the limitation in subsection (i), a State

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policeman or conservation police officer may elect to convert
service credit earned under this Article to eligible
creditable service, as defined by this Section, by filing a
written election with the board within 6 months after July 30,
2021 (the effective date of Public Act 102-210) and paying to
the System an amount to be determined by the Board equal to (i)
the difference between the amount of employee contributions
originally paid for that service and the amounts that would
have been contributed had such contributions been made at the
rates applicable to State policemen, plus (ii) the difference
between the employer's normal cost of the credit prior to the
conversion authorized by Public Act 102-210 and the employer's
normal cost of the credit converted in accordance with Public
Act 102-210, plus (iii) interest thereon at the actuarially
assumed rate for each year, compounded annually, from the date
of service to the date of payment.
Notwithstanding the limitation in subsection (i), an
investigator for the Department of Revenue, investigator for
the Illinois Gaming Board, investigator for the Secretary of
State, or arson investigator may elect to convert service
credit earned under this Article to eligible creditable
service, as defined by this Section, by filing a written
election with the Board within 6 months after the effective
date of this amendatory Act of the 102nd General Assembly and
paying to the System an amount to be determined by the Board
equal to (i) the difference between the amount of employee

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contributions originally paid for that service and the amounts
that would have been contributed had such contributions been
made at the rates applicable to investigators for the
Department of Revenue, investigators for the Illinois Gaming
Board, investigators for the Secretary of State, or arson
investigators, plus (ii) the difference between the employer's
normal cost of the credit prior to the conversion authorized
by this amendatory Act of the 102nd General Assembly and the
employer's normal cost of the credit converted in accordance
with this amendatory Act of the 102nd General Assembly, plus
(iii) interest thereon at the actuarially assumed rate for
each year, compounded annually, from the date of service to
the date of payment.
(i) The total amount of eligible creditable service
established by any person under subsections (g), (h), (j),
(k), (l), (l-5), and (o) of this Section shall not exceed 12
years.
(j) Subject to the limitation in subsection (i), an
investigator for the Office of the State's Attorneys Appellate
Prosecutor or a controlled substance inspector may elect to
establish eligible creditable service for up to 10 years of
his service as a policeman under Article 3 or a sheriff's law
enforcement employee under Article 7, by filing a written
election with the Board, accompanied by payment of an amount
to be determined by the Board, equal to (1) the difference
between the amount of employee and employer contributions

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transferred to the System under Section 3-110.6 or 7-139.8,
and the amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (2) interest thereon at the effective rate for
each year, compounded annually, from the date of service to
the date of payment.
(k) Subject to the limitation in subsection (i) of this
Section, an alternative formula employee may elect to
establish eligible creditable service for periods spent as a
full-time law enforcement officer or full-time corrections
officer employed by the federal government or by a state or
local government located outside of Illinois, for which credit
is not held in any other public employee pension fund or
retirement system. To obtain this credit, the applicant must
file a written application with the Board by March 31, 1998,
accompanied by evidence of eligibility acceptable to the Board
and payment of an amount to be determined by the Board, equal
to (1) employee contributions for the credit being
established, based upon the applicant's salary on the first
day as an alternative formula employee after the employment
for which credit is being established and the rates then
applicable to alternative formula employees, plus (2) an
amount determined by the Board to be the employer's normal
cost of the benefits accrued for the credit being established,
plus (3) regular interest on the amounts in items (1) and (2)
from the first day as an alternative formula employee after

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the employment for which credit is being established to the
date of payment.
(l) Subject to the limitation in subsection (i), a
security employee of the Department of Corrections may elect,
not later than July 1, 1998, to establish eligible creditable
service for up to 10 years of his or her service as a policeman
under Article 3, by filing a written election with the Board,
accompanied by payment of an amount to be determined by the
Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 3-110.5, and the amounts that would have been
contributed had such contributions been made at the rates
applicable to security employees of the Department of
Corrections, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service
to the date of payment.
(l-5) Subject to the limitation in subsection (i) of this
Section, a State policeman may elect to establish eligible
creditable service for up to 5 years of service as a full-time
law enforcement officer employed by the federal government or
by a state or local government located outside of Illinois for
which credit is not held in any other public employee pension
fund or retirement system. To obtain this credit, the
applicant must file a written application with the Board no
later than 3 years after January 1, 2020 (the effective date of
Public Act 101-610), accompanied by evidence of eligibility

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acceptable to the Board and payment of an amount to be
determined by the Board, equal to (1) employee contributions
for the credit being established, based upon the applicant's
salary on the first day as an alternative formula employee
after the employment for which credit is being established and
the rates then applicable to alternative formula employees,
plus (2) an amount determined by the Board to be the employer's
normal cost of the benefits accrued for the credit being
established, plus (3) regular interest on the amounts in items
(1) and (2) from the first day as an alternative formula
employee after the employment for which credit is being
established to the date of payment.
(m) The amendatory changes to this Section made by Public
Act 94-696 apply only to: (1) security employees of the
Department of Juvenile Justice employed by the Department of
Corrections before June 1, 2006 (the effective date of Public
Act 94-696) and transferred to the Department of Juvenile
Justice by Public Act 94-696; and (2) persons employed by the
Department of Juvenile Justice on or after June 1, 2006 (the
effective date of Public Act 94-696) who are required by
subsection (b) of Section 3-2.5-15 of the Unified Code of
Corrections to have any bachelor's or advanced degree from an
accredited college or university or, in the case of persons
who provide vocational training, who are required to have
adequate knowledge in the skill for which they are providing
the vocational training.

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(n) A person employed in a position under subsection (b)
of this Section who has purchased service credit under
subsection (j) of Section 14-104 or subsection (b) of Section
14-105 in any other capacity under this Article may convert up
to 5 years of that service credit into service credit covered
under this Section by paying to the Fund an amount equal to (1)
the additional employee contribution required under Section
14-133, plus (2) the additional employer contribution required
under Section 14-131, plus (3) interest on items (1) and (2) at
the actuarially assumed rate from the date of the service to
the date of payment.
(o) Subject to the limitation in subsection (i), a
conservation police officer, investigator for the Secretary of
State, Commerce Commission police officer, investigator for
the Department of Revenue or the Illinois Gaming Board, or
arson investigator subject to subsection (g) of Section 1-160
may elect to convert up to 8 years of service credit
established before January 1, 2020 (the effective date of
Public Act 101-610) as a conservation police officer,
investigator for the Secretary of State, Commerce Commission
police officer, investigator for the Department of Revenue or
the Illinois Gaming Board, or arson investigator under this
Article into eligible creditable service by filing a written
election with the Board no later than one year after January 1,
2020 (the effective date of Public Act 101-610), accompanied
by payment of an amount to be determined by the Board equal to

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(i) the difference between the amount of the employee
contributions actually paid for that service and the amount of
the employee contributions that would have been paid had the
employee contributions been made as a noncovered employee
serving in a position in which eligible creditable service, as
defined in this Section, may be earned, plus (ii) interest
thereon at the effective rate for each year, compounded
annually, from the date of service to the date of payment.
(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
102-538, eff. 8-20-21; 102-856, eff. 1-1-23.)
(Text of Section from P.A. 102-956)
Sec. 14-110. Alternative retirement annuity.
(a) Any member who has withdrawn from service with not
less than 20 years of eligible creditable service and has
attained age 55, and any member who has withdrawn from service
with not less than 25 years of eligible creditable service and
has attained age 50, regardless of whether the attainment of
either of the specified ages occurs while the member is still
in service, shall be entitled to receive at the option of the
member, in lieu of the regular or minimum retirement annuity,
a retirement annuity computed as follows:
(i) for periods of service as a noncovered employee:
if retirement occurs on or after January 1, 2001, 3% of
final average compensation for each year of creditable
service; if retirement occurs before January 1, 2001, 2

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1/4% of final average compensation for each of the first
10 years of creditable service, 2 1/2% for each year above
10 years to and including 20 years of creditable service,
and 2 3/4% for each year of creditable service above 20
years; and
(ii) for periods of eligible creditable service as a
covered employee: if retirement occurs on or after January
1, 2001, 2.5% of final average compensation for each year
of creditable service; if retirement occurs before January
1, 2001, 1.67% of final average compensation for each of
the first 10 years of such service, 1.90% for each of the
next 10 years of such service, 2.10% for each year of such
service in excess of 20 but not exceeding 30, and 2.30% for
each year in excess of 30.
Such annuity shall be subject to a maximum of 75% of final
average compensation if retirement occurs before January 1,
2001 or to a maximum of 80% of final average compensation if
retirement occurs on or after January 1, 2001.
These rates shall not be applicable to any service
performed by a member as a covered employee which is not
eligible creditable service. Service as a covered employee
which is not eligible creditable service shall be subject to
the rates and provisions of Section 14-108.
(b) For the purpose of this Section, "eligible creditable
service" means creditable service resulting from service in
one or more of the following positions:

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(1) State policeman;
(2) fire fighter in the fire protection service of a
department;
(3) air pilot;
(4) special agent;
(5) investigator for the Secretary of State;
(6) conservation police officer;
(7) investigator for the Department of Revenue or the
Illinois Gaming Board;
(8) security employee of the Department of Human
Services;
(9) Central Management Services security police
officer;
(10) security employee of the Department of
Corrections or the Department of Juvenile Justice;
(11) dangerous drugs investigator;
(12) investigator for the Illinois State Police;
(13) investigator for the Office of the Attorney
General;
(14) controlled substance inspector;
(15) investigator for the Office of the State's
Attorneys Appellate Prosecutor;
(16) Commerce Commission police officer;
(17) arson investigator;
(18) State highway maintenance worker;
(19) security employee of the Department of Innovation

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and Technology; or
(20) transferred employee.
A person employed in one of the positions specified in
this subsection is entitled to eligible creditable service for
service credit earned under this Article while undergoing the
basic police training course approved by the Illinois Law
Enforcement Training Standards Board, if completion of that
training is required of persons serving in that position. For
the purposes of this Code, service during the required basic
police training course shall be deemed performance of the
duties of the specified position, even though the person is
not a sworn peace officer at the time of the training.
A person under paragraph (20) is entitled to eligible
creditable service for service credit earned under this
Article on and after his or her transfer by Executive Order No.
2003-10, Executive Order No. 2004-2, or Executive Order No.
2016-1.
(c) For the purposes of this Section:
(1) The term "State policeman" includes any title or
position in the Illinois State Police that is held by an
individual employed under the Illinois State Police Act.
(2) The term "fire fighter in the fire protection
service of a department" includes all officers in such
fire protection service including fire chiefs and
assistant fire chiefs.
(3) The term "air pilot" includes any employee whose

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official job description on file in the Department of
Central Management Services, or in the department by which
he is employed if that department is not covered by the
Personnel Code, states that his principal duty is the
operation of aircraft, and who possesses a pilot's
license; however, the change in this definition made by
Public Act 83-842 shall not operate to exclude any
noncovered employee who was an "air pilot" for the
purposes of this Section on January 1, 1984.
(4) The term "special agent" means any person who by
reason of employment by the Division of Narcotic Control,
the Bureau of Investigation or, after July 1, 1977, the
Division of Criminal Investigation, the Division of
Internal Investigation, the Division of Operations, the
Division of Patrol Operations, or any other Division or
organizational entity in the Illinois State Police is
vested by law with duties to maintain public order,
investigate violations of the criminal law of this State,
enforce the laws of this State, make arrests and recover
property. The term "special agent" includes any title or
position in the Illinois State Police that is held by an
individual employed under the Illinois State Police Act.
(5) The term "investigator for the Secretary of State"
means any person employed by the Office of the Secretary
of State and vested with such investigative duties as
render him ineligible for coverage under the Social

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Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
A person who became employed as an investigator for
the Secretary of State between January 1, 1967 and
December 31, 1975, and who has served as such until
attainment of age 60, either continuously or with a single
break in service of not more than 3 years duration, which
break terminated before January 1, 1976, shall be entitled
to have his retirement annuity calculated in accordance
with subsection (a), notwithstanding that he has less than
20 years of credit for such service.
(6) (Blank). The term "Conservation Police Officer"
means any person employed by the Division of Law
Enforcement of the Department of Natural Resources and
vested with such law enforcement duties as render him
ineligible for coverage under the Social Security Act by
reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
218(l)(1) of that Act. The term "Conservation Police
Officer" includes the positions of Chief Conservation
Police Administrator and Assistant Conservation Police
Administrator.
(7) The term "investigator for the Department of
Revenue" means any person employed by the Department of
Revenue and vested with such investigative duties as
render him ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),

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218(d)(8)(D) and 218(l)(1) of that Act.
The term "investigator for the Illinois Gaming Board"
means any person employed as such by the Illinois Gaming
Board and vested with such peace officer duties as render
the person ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D), and 218(l)(1) of that Act.
(8) The term "security employee of the Department of
Human Services" means any person employed by the
Department of Human Services who (i) is employed at the
Chester Mental Health Center and has daily contact with
the residents thereof, (ii) is employed within a security
unit at a facility operated by the Department and has
daily contact with the residents of the security unit,
(iii) is employed at a facility operated by the Department
that includes a security unit and is regularly scheduled
to work at least 50% of his or her working hours within
that security unit, or (iv) is a mental health police
officer. "Mental health police officer" means any person
employed by the Department of Human Services in a position
pertaining to the Department's mental health and
developmental disabilities functions who is vested with
such law enforcement duties as render the person
ineligible for coverage under the Social Security Act by
reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
218(l)(1) of that Act. "Security unit" means that portion

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of a facility that is devoted to the care, containment,
and treatment of persons committed to the Department of
Human Services as sexually violent persons, persons unfit
to stand trial, or persons not guilty by reason of
insanity. With respect to past employment, references to
the Department of Human Services include its predecessor,
the Department of Mental Health and Developmental
Disabilities.
The changes made to this subdivision (c)(8) by Public
Act 92-14 apply to persons who retire on or after January
1, 2001, notwithstanding Section 1-103.1.
(9) "Central Management Services security police
officer" means any person employed by the Department of
Central Management Services who is vested with such law
enforcement duties as render him ineligible for coverage
under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
(10) For a member who first became an employee under
this Article before July 1, 2005, the term "security
employee of the Department of Corrections or the
Department of Juvenile Justice" means any employee of the
Department of Corrections or the Department of Juvenile
Justice or the former Department of Personnel, and any
member or employee of the Prisoner Review Board, who has
daily contact with inmates or youth by working within a
correctional facility or Juvenile facility operated by the

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Department of Juvenile Justice or who is a parole officer
or an employee who has direct contact with committed
persons in the performance of his or her job duties. For a
member who first becomes an employee under this Article on
or after July 1, 2005, the term means an employee of the
Department of Corrections or the Department of Juvenile
Justice who is any of the following: (i) officially
headquartered at a correctional facility or Juvenile
facility operated by the Department of Juvenile Justice,
(ii) a parole officer, (iii) a member of the apprehension
unit, (iv) a member of the intelligence unit, (v) a member
of the sort team, or (vi) an investigator.
(11) The term "dangerous drugs investigator" means any
person who is employed as such by the Department of Human
Services.
(12) The term "investigator for the Illinois State
Police" means a person employed by the Illinois State
Police who is vested under Section 4 of the Narcotic
Control Division Abolition Act with such law enforcement
powers as render him ineligible for coverage under the
Social Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
(13) "Investigator for the Office of the Attorney
General" means any person who is employed as such by the
Office of the Attorney General and is vested with such
investigative duties as render him ineligible for coverage

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under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
the period before January 1, 1989, the term includes all
persons who were employed as investigators by the Office
of the Attorney General, without regard to social security
status.
(14) "Controlled substance inspector" means any person
who is employed as such by the Department of Professional
Regulation and is vested with such law enforcement duties
as render him ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. The term
"controlled substance inspector" includes the Program
Executive of Enforcement and the Assistant Program
Executive of Enforcement.
(15) The term "investigator for the Office of the
State's Attorneys Appellate Prosecutor" means a person
employed in that capacity on a full-time basis under the
authority of Section 7.06 of the State's Attorneys
Appellate Prosecutor's Act.
(16) "Commerce Commission police officer" means any
person employed by the Illinois Commerce Commission who is
vested with such law enforcement duties as render him
ineligible for coverage under the Social Security Act by
reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
218(l)(1) of that Act.

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(17) "Arson investigator" means any person who is
employed as such by the Office of the State Fire Marshal
and is vested with such law enforcement duties as render
the person ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D), and 218(l)(1) of that Act. A person who was
employed as an arson investigator on January 1, 1995 and
is no longer in service but not yet receiving a retirement
annuity may convert his or her creditable service for
employment as an arson investigator into eligible
creditable service by paying to the System the difference
between the employee contributions actually paid for that
service and the amounts that would have been contributed
if the applicant were contributing at the rate applicable
to persons with the same social security status earning
eligible creditable service on the date of application.
(18) The term "State highway maintenance worker" means
a person who is either of the following:
(i) A person employed on a full-time basis by the
Illinois Department of Transportation in the position
of highway maintainer, highway maintenance lead
worker, highway maintenance lead/lead worker, heavy
construction equipment operator, power shovel
operator, or bridge mechanic; and whose principal
responsibility is to perform, on the roadway, the
actual maintenance necessary to keep the highways that

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form a part of the State highway system in serviceable
condition for vehicular traffic.
(ii) A person employed on a full-time basis by the
Illinois State Toll Highway Authority in the position
of equipment operator/laborer H-4, equipment
operator/laborer H-6, welder H-4, welder H-6,
mechanical/electrical H-4, mechanical/electrical H-6,
water/sewer H-4, water/sewer H-6, sign maker/hanger
H-4, sign maker/hanger H-6, roadway lighting H-4,
roadway lighting H-6, structural H-4, structural H-6,
painter H-4, or painter H-6; and whose principal
responsibility is to perform, on the roadway, the
actual maintenance necessary to keep the Authority's
tollways in serviceable condition for vehicular
traffic.
(19) The term "security employee of the Department of
Innovation and Technology" means a person who was a
security employee of the Department of Corrections or the
Department of Juvenile Justice, was transferred to the
Department of Innovation and Technology pursuant to
Executive Order 2016-01, and continues to perform similar
job functions under that Department.
(20) "Transferred employee" means an employee who was
transferred to the Department of Central Management
Services by Executive Order No. 2003-10 or Executive Order
No. 2004-2 or transferred to the Department of Innovation

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and Technology by Executive Order No. 2016-1, or both, and
was entitled to eligible creditable service for services
immediately preceding the transfer.
(d) A security employee of the Department of Corrections
or the Department of Juvenile Justice, a security employee of
the Department of Human Services who is not a mental health
police officer, and a security employee of the Department of
Innovation and Technology shall not be eligible for the
alternative retirement annuity provided by this Section unless
he or she meets the following minimum age and service
requirements at the time of retirement:
(i) 25 years of eligible creditable service and age
55; or
(ii) beginning January 1, 1987, 25 years of eligible
creditable service and age 54, or 24 years of eligible
creditable service and age 55; or
(iii) beginning January 1, 1988, 25 years of eligible
creditable service and age 53, or 23 years of eligible
creditable service and age 55; or
(iv) beginning January 1, 1989, 25 years of eligible
creditable service and age 52, or 22 years of eligible
creditable service and age 55; or
(v) beginning January 1, 1990, 25 years of eligible
creditable service and age 51, or 21 years of eligible
creditable service and age 55; or
(vi) beginning January 1, 1991, 25 years of eligible

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creditable service and age 50, or 20 years of eligible
creditable service and age 55.
Persons who have service credit under Article 16 of this
Code for service as a security employee of the Department of
Corrections or the Department of Juvenile Justice, or the
Department of Human Services in a position requiring
certification as a teacher may count such service toward
establishing their eligibility under the service requirements
of this Section; but such service may be used only for
establishing such eligibility, and not for the purpose of
increasing or calculating any benefit.
(e) If a member enters military service while working in a
position in which eligible creditable service may be earned,
and returns to State service in the same or another such
position, and fulfills in all other respects the conditions
prescribed in this Article for credit for military service,
such military service shall be credited as eligible creditable
service for the purposes of the retirement annuity prescribed
in this Section.
(f) For purposes of calculating retirement annuities under
this Section, periods of service rendered after December 31,
1968 and before October 1, 1975 as a covered employee in the
position of special agent, conservation police officer, mental
health police officer, or investigator for the Secretary of
State, shall be deemed to have been service as a noncovered
employee, provided that the employee pays to the System prior

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to retirement an amount equal to (1) the difference between
the employee contributions that would have been required for
such service as a noncovered employee, and the amount of
employee contributions actually paid, plus (2) if payment is
made after July 31, 1987, regular interest on the amount
specified in item (1) from the date of service to the date of
payment.
For purposes of calculating retirement annuities under
this Section, periods of service rendered after December 31,
1968 and before January 1, 1982 as a covered employee in the
position of investigator for the Department of Revenue shall
be deemed to have been service as a noncovered employee,
provided that the employee pays to the System prior to
retirement an amount equal to (1) the difference between the
employee contributions that would have been required for such
service as a noncovered employee, and the amount of employee
contributions actually paid, plus (2) if payment is made after
January 1, 1990, regular interest on the amount specified in
item (1) from the date of service to the date of payment.
(g) A State policeman may elect, not later than January 1,
1990, to establish eligible creditable service for up to 10
years of his service as a policeman under Article 3, by filing
a written election with the Board, accompanied by payment of
an amount to be determined by the Board, equal to (i) the
difference between the amount of employee and employer
contributions transferred to the System under Section 3-110.5,

HB3575 - 97 - LRB103 29826 RLC 56234 b
and the amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service
to the date of payment.
Subject to the limitation in subsection (i), a State
policeman may elect, not later than July 1, 1993, to establish
eligible creditable service for up to 10 years of his service
as a member of the County Police Department under Article 9, by
filing a written election with the Board, accompanied by
payment of an amount to be determined by the Board, equal to
(i) the difference between the amount of employee and employer
contributions transferred to the System under Section 9-121.10
and the amounts that would have been contributed had those
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service
to the date of payment.
(h) Subject to the limitation in subsection (i), a State
policeman or investigator for the Secretary of State may elect
to establish eligible creditable service for up to 12 years of
his service as a policeman under Article 5, by filing a written
election with the Board on or before January 31, 1992, and
paying to the System by January 31, 1994 an amount to be
determined by the Board, equal to (i) the difference between
the amount of employee and employer contributions transferred

HB3575 - 98 - LRB103 29826 RLC 56234 b
to the System under Section 5-236, and the amounts that would
have been contributed had such contributions been made at the
rates applicable to State policemen, plus (ii) interest
thereon at the effective rate for each year, compounded
annually, from the date of service to the date of payment.
Subject to the limitation in subsection (i), a State
policeman, conservation police officer, or investigator for
the Secretary of State may elect to establish eligible
creditable service for up to 10 years of service as a sheriff's
law enforcement employee under Article 7, by filing a written
election with the Board on or before January 31, 1993, and
paying to the System by January 31, 1994 an amount to be
determined by the Board, equal to (i) the difference between
the amount of employee and employer contributions transferred
to the System under Section 7-139.7, and the amounts that
would have been contributed had such contributions been made
at the rates applicable to State policemen, plus (ii) interest
thereon at the effective rate for each year, compounded
annually, from the date of service to the date of payment.
Subject to the limitation in subsection (i), a State
policeman, conservation police officer, or investigator for
the Secretary of State may elect to establish eligible
creditable service for up to 5 years of service as a police
officer under Article 3, a policeman under Article 5, a
sheriff's law enforcement employee under Article 7, a member
of the county police department under Article 9, or a police

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officer under Article 15 by filing a written election with the
Board and paying to the System an amount to be determined by
the Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
and the amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service
to the date of payment.
Subject to the limitation in subsection (i), an
investigator for the Office of the Attorney General, or an
investigator for the Department of Revenue, may elect to
establish eligible creditable service for up to 5 years of
service as a police officer under Article 3, a policeman under
Article 5, a sheriff's law enforcement employee under Article
7, or a member of the county police department under Article 9
by filing a written election with the Board within 6 months
after August 25, 2009 (the effective date of Public Act
96-745) and paying to the System an amount to be determined by
the Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the actuarially

HB3575 - 100 - LRB103 29826 RLC 56234 b
assumed rate for each year, compounded annually, from the date
of service to the date of payment.
Subject to the limitation in subsection (i), a State
policeman, conservation police officer, investigator for the
Office of the Attorney General, an investigator for the
Department of Revenue, or investigator for the Secretary of
State may elect to establish eligible creditable service for
up to 5 years of service as a person employed by a
participating municipality to perform police duties, or law
enforcement officer employed on a full-time basis by a forest
preserve district under Article 7, a county corrections
officer, or a court services officer under Article 9, by
filing a written election with the Board within 6 months after
August 25, 2009 (the effective date of Public Act 96-745) and
paying to the System an amount to be determined by the Board,
equal to (i) the difference between the amount of employee and
employer contributions transferred to the System under
Sections 7-139.8 and 9-121.10 and the amounts that would have
been contributed had such contributions been made at the rates
applicable to State policemen, plus (ii) interest thereon at
the actuarially assumed rate for each year, compounded
annually, from the date of service to the date of payment.
Subject to the limitation in subsection (i), a State
policeman, arson investigator, or Commerce Commission police
officer may elect to establish eligible creditable service for
up to 5 years of service as a person employed by a

HB3575 - 101 - LRB103 29826 RLC 56234 b
participating municipality to perform police duties under
Article 7, a county corrections officer, a court services
officer under Article 9, or a firefighter under Article 4 by
filing a written election with the Board within 6 months after
July 30, 2021 (the effective date of Public Act 102-210) and
paying to the System an amount to be determined by the Board
equal to (i) the difference between the amount of employee and
employer contributions transferred to the System under
Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
would have been contributed had such contributions been made
at the rates applicable to State policemen, plus (ii) interest
thereon at the actuarially assumed rate for each year,
compounded annually, from the date of service to the date of
payment.
Subject to the limitation in subsection (i), a
conservation police officer may elect to establish eligible
creditable service for up to 5 years of service as a person
employed by a participating municipality to perform police
duties under Article 7, a county corrections officer, or a
court services officer under Article 9 by filing a written
election with the Board within 6 months after July 30, 2021
(the effective date of Public Act 102-210) and paying to the
System an amount to be determined by the Board equal to (i) the
difference between the amount of employee and employer
contributions transferred to the System under Sections 7-139.8
and 9-121.10 and the amounts that would have been contributed

HB3575 - 102 - LRB103 29826 RLC 56234 b
had such contributions been made at the rates applicable to
State policemen, plus (ii) interest thereon at the actuarially
assumed rate for each year, compounded annually, from the date
of service to the date of payment.
Notwithstanding the limitation in subsection (i), a State
policeman or conservation police officer may elect to convert
service credit earned under this Article to eligible
creditable service, as defined by this Section, by filing a
written election with the board within 6 months after July 30,
2021 (the effective date of Public Act 102-210) and paying to
the System an amount to be determined by the Board equal to (i)
the difference between the amount of employee contributions
originally paid for that service and the amounts that would
have been contributed had such contributions been made at the
rates applicable to State policemen, plus (ii) the difference
between the employer's normal cost of the credit prior to the
conversion authorized by Public Act 102-210 and the employer's
normal cost of the credit converted in accordance with Public
Act 102-210, plus (iii) interest thereon at the actuarially
assumed rate for each year, compounded annually, from the date
of service to the date of payment.
(i) The total amount of eligible creditable service
established by any person under subsections (g), (h), (j),
(k), (l), (l-5), (o), and (p) of this Section shall not exceed
12 years.
(j) Subject to the limitation in subsection (i), an

HB3575 - 103 - LRB103 29826 RLC 56234 b
investigator for the Office of the State's Attorneys Appellate
Prosecutor or a controlled substance inspector may elect to
establish eligible creditable service for up to 10 years of
his service as a policeman under Article 3 or a sheriff's law
enforcement employee under Article 7, by filing a written
election with the Board, accompanied by payment of an amount
to be determined by the Board, equal to (1) the difference
between the amount of employee and employer contributions
transferred to the System under Section 3-110.6 or 7-139.8,
and the amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (2) interest thereon at the effective rate for
each year, compounded annually, from the date of service to
the date of payment.
(k) Subject to the limitation in subsection (i) of this
Section, an alternative formula employee may elect to
establish eligible creditable service for periods spent as a
full-time law enforcement officer or full-time corrections
officer employed by the federal government or by a state or
local government located outside of Illinois, for which credit
is not held in any other public employee pension fund or
retirement system. To obtain this credit, the applicant must
file a written application with the Board by March 31, 1998,
accompanied by evidence of eligibility acceptable to the Board
and payment of an amount to be determined by the Board, equal
to (1) employee contributions for the credit being

HB3575 - 104 - LRB103 29826 RLC 56234 b
established, based upon the applicant's salary on the first
day as an alternative formula employee after the employment
for which credit is being established and the rates then
applicable to alternative formula employees, plus (2) an
amount determined by the Board to be the employer's normal
cost of the benefits accrued for the credit being established,
plus (3) regular interest on the amounts in items (1) and (2)
from the first day as an alternative formula employee after
the employment for which credit is being established to the
date of payment.
(l) Subject to the limitation in subsection (i), a
security employee of the Department of Corrections may elect,
not later than July 1, 1998, to establish eligible creditable
service for up to 10 years of his or her service as a policeman
under Article 3, by filing a written election with the Board,
accompanied by payment of an amount to be determined by the
Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 3-110.5, and the amounts that would have been
contributed had such contributions been made at the rates
applicable to security employees of the Department of
Corrections, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service
to the date of payment.
(l-5) Subject to the limitation in subsection (i) of this
Section, a State policeman may elect to establish eligible

HB3575 - 105 - LRB103 29826 RLC 56234 b
creditable service for up to 5 years of service as a full-time
law enforcement officer employed by the federal government or
by a state or local government located outside of Illinois for
which credit is not held in any other public employee pension
fund or retirement system. To obtain this credit, the
applicant must file a written application with the Board no
later than 3 years after January 1, 2020 (the effective date of
Public Act 101-610), accompanied by evidence of eligibility
acceptable to the Board and payment of an amount to be
determined by the Board, equal to (1) employee contributions
for the credit being established, based upon the applicant's
salary on the first day as an alternative formula employee
after the employment for which credit is being established and
the rates then applicable to alternative formula employees,
plus (2) an amount determined by the Board to be the employer's
normal cost of the benefits accrued for the credit being
established, plus (3) regular interest on the amounts in items
(1) and (2) from the first day as an alternative formula
employee after the employment for which credit is being
established to the date of payment.
(m) The amendatory changes to this Section made by Public
Act 94-696 apply only to: (1) security employees of the
Department of Juvenile Justice employed by the Department of
Corrections before June 1, 2006 (the effective date of Public
Act 94-696) and transferred to the Department of Juvenile
Justice by Public Act 94-696; and (2) persons employed by the

HB3575 - 106 - LRB103 29826 RLC 56234 b
Department of Juvenile Justice on or after June 1, 2006 (the
effective date of Public Act 94-696) who are required by
subsection (b) of Section 3-2.5-15 of the Unified Code of
Corrections to have any bachelor's or advanced degree from an
accredited college or university or, in the case of persons
who provide vocational training, who are required to have
adequate knowledge in the skill for which they are providing
the vocational training.
(n) A person employed in a position under subsection (b)
of this Section who has purchased service credit under
subsection (j) of Section 14-104 or subsection (b) of Section
14-105 in any other capacity under this Article may convert up
to 5 years of that service credit into service credit covered
under this Section by paying to the Fund an amount equal to (1)
the additional employee contribution required under Section
14-133, plus (2) the additional employer contribution required
under Section 14-131, plus (3) interest on items (1) and (2) at
the actuarially assumed rate from the date of the service to
the date of payment.
(o) Subject to the limitation in subsection (i), a
conservation police officer, investigator for the Secretary of
State, Commerce Commission police officer, investigator for
the Department of Revenue or the Illinois Gaming Board, or
arson investigator subject to subsection (g) of Section 1-160
may elect to convert up to 8 years of service credit
established before January 1, 2020 (the effective date of

HB3575 - 107 - LRB103 29826 RLC 56234 b
Public Act 101-610) as a conservation police officer,
investigator for the Secretary of State, Commerce Commission
police officer, investigator for the Department of Revenue or
the Illinois Gaming Board, or arson investigator under this
Article into eligible creditable service by filing a written
election with the Board no later than one year after January 1,
2020 (the effective date of Public Act 101-610), accompanied
by payment of an amount to be determined by the Board equal to
(i) the difference between the amount of the employee
contributions actually paid for that service and the amount of
the employee contributions that would have been paid had the
employee contributions been made as a noncovered employee
serving in a position in which eligible creditable service, as
defined in this Section, may be earned, plus (ii) interest
thereon at the effective rate for each year, compounded
annually, from the date of service to the date of payment.
(p) Subject to the limitation in subsection (i), an
investigator for the Office of the Attorney General subject to
subsection (g) of Section 1-160 may elect to convert up to 8
years of service credit established before the effective date
of this amendatory Act of the 102nd General Assembly as an
investigator for the Office of the Attorney General under this
Article into eligible creditable service by filing a written
election with the Board no later than one year after the
effective date of this amendatory Act of the 102nd General
Assembly, accompanied by payment of an amount to be determined

HB3575 - 108 - LRB103 29826 RLC 56234 b
by the Board equal to (i) the difference between the amount of
the employee contributions actually paid for that service and
the amount of the employee contributions that would have been
paid had the employee contributions been made as a noncovered
employee serving in a position in which eligible creditable
service, as defined in this Section, may be earned, plus (ii)
interest thereon at the effective rate for each year,
compounded annually, from the date of service to the date of
payment.
(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
102-538, eff. 8-20-21; 102-956, eff. 5-27-22.)
(40 ILCS 5/15-134.4) (from Ch. 108 1/2, par. 15-134.4)
Sec. 15-134.4. Transfer of creditable service to an
Article 3 pension fund, the Article 5 Pension Fund, or the
Article 14 System.
(a) An active member of the Pension Fund established under
Article 5 of this Code may apply, not later than January 1,
1990, to transfer his or her credits and creditable service
accumulated under this System for service with the City
Colleges of Chicago teaching in the Criminal Justice Program,
to the Article 5 Fund. Such credits and creditable service
shall be transferred forthwith.
Payment by this System to the Article 5 Fund shall be made
at the same time and shall consist of:
(1) the amounts credited to the applicant for such

HB3575 - 109 - LRB103 29826 RLC 56234 b
service through employee contributions, including
interest, as of the date of transfer; and
(2) employer contributions equal in amount to the
accumulated employee contributions as determined in item
(1).
Participation in this System with respect to such credits
shall terminate on the date of transfer.
(b) Any active member of the State Employees' Retirement
System who is a State policeman or , an investigator for the
Secretary of State, or a conservation police officer, and who
is not a participating employee in this System, may apply for
transfer of some or all of his or her creditable service
accumulated in this System for service as a police officer to
the State Employees' Retirement System in accordance with
Section 14-110. The creditable service shall be transferred
only upon payment by this System to the State Employees'
Retirement System of an amount equal to:
(1) the amounts accumulated to the credit of the
applicant for the service to be transferred, including
interest, as of the date of transfer, and any interest
paid by the applicant to reinstate such service; and
(2) employer contributions equal in amount to the
accumulated employee contributions as determined in item
(1).
Participation in this System as to any credits transferred
under this Section shall terminate on the date of transfer.

HB3575 - 110 - LRB103 29826 RLC 56234 b
(c) Any person applying to transfer service under
subsection (b) may reinstate credits and creditable service
terminated upon receipt of a refund by paying to the System the
amount of the refund plus interest thereon at the rate of 6%
per year from the date of the refund to the date of payment.
(d) No later than June 30, 2023, any active member of a
pension fund established under Article 3 of this Code who is
not a participating employee in this System may apply for
transfer of some or all of his or her creditable service
accumulated in this System for service as a police officer to
that Article 3 pension fund in accordance with Section
3-110.13. The creditable service shall be transferred only
upon payment by this System to that Article 3 pension fund of
an amount equal to:
(1) the amounts accumulated to the credit of the
applicant for the service to be transferred, including
interest, as of the date of transfer, and any interest
paid by the applicant to reinstate such service; and
(2) employer contributions equal in amount to the
accumulated employee contributions as determined in item
(1).
Participation in this System as to any credits transferred
under this Section shall terminate on the date of transfer.
(e) An application to transfer credits and creditable
service under this Section shall be irrevocable.
(Source: P.A. 102-1061, eff. 1-1-23.)

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Section 60. The Public Utilities Act is amended by
changing Section 2-101 and by adding Section 2-104.5 as
follows:
(220 ILCS 5/2-101) (from Ch. 111 2/3, par. 2-101)
Sec. 2-101. Commerce Commission created. There is created
an Illinois Commerce Commission consisting of 5 members not
more than 3 of whom shall be members of the same political
party at the time of appointment. The Governor shall appoint
the members of such Commission by and with the advice and
consent of the Senate. In case of a vacancy in such office
during the recess of the Senate the Governor shall make a
temporary appointment until the next meeting of the Senate,
when he shall nominate some person to fill such office; and any
person so nominated who is confirmed by the Senate, shall hold
his office during the remainder of the term and until his
successor shall be appointed and qualified. Each member of the
Commission shall hold office for a term of 5 years from the
third Monday in January of the year in which his predecessor's
term expires.
Notwithstanding any provision of this Section to the
contrary, the term of office of each member of the Commission
is terminated on the effective date of this amendatory Act of
1995, but the incumbent members shall continue to exercise all
of the powers and be subject to all of the duties of members of

HB3575 - 112 - LRB103 29826 RLC 56234 b
the Commission until their respective successors are appointed
and qualified. Of the members initially appointed under the
provisions of this amendatory Act of 1995, one member shall be
appointed for a term of office which shall expire on the third
Monday of January, 1997; 2 members shall be appointed for
terms of office which shall expire on the third Monday of
January, 1998; one member shall be appointed for a term of
office which shall expire on the third Monday of January,
1999; and one member shall be appointed for a term of office
which shall expire on the third Monday of January, 2000. Each
respective successor shall be appointed for a term of 5 years
from the third Monday of January of the year in which his
predecessor's term expires in accordance with the provisions
of the first paragraph of this Section.
Each member shall serve until his successor is appointed
and qualified, except that if the Senate refuses to consent to
the appointment of any member, such office shall be deemed
vacant, and within 2 weeks of the date the Senate refuses to
consent to the reappointment of any member, such member shall
vacate such office. The Governor shall from time to time
designate the member of the Commission who shall be its
chairman. Consistent with the provisions of this Act, the
Chairman shall be the chief executive officer of the
Commission for the purpose of ensuring that the Commission's
policies are properly executed.
If there is no vacancy on the Commission, 4 members of the

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Commission shall constitute a quorum to transact business;
otherwise, a majority of the Commission shall constitute a
quorum to transact business, and no vacancy shall impair the
right of the remaining commissioners to exercise all of the
powers of the Commission. Every finding, order, or decision
approved by a majority of the members of the Commission shall
be deemed to be the finding, order, or decision of the
Commission.
The Commission may enter into an intergovernmental
agreement with the Illinois State Police regarding the
abolition of the Illinois Commerce Commission Police Force
under this amendatory Act of the 103rd General Assembly. The
intergovernmental agreement 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 Illinois Commerce 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.
(Source: P.A. 92-22, eff. 6-30-01.)

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(220 ILCS 5/2-104.5 new)
Sec. 2-104.5. Illinois Commerce Commission Police Force
abolished; transfer of powers and duties.
(a) On and after the effective date of this amendatory Act
of the 103rd General Assembly, the Illinois Commerce
Commission Police Force is abolished and all powers, duties,
rights, and responsibilities of the Illinois Commerce
Commission Police Force shall be transferred to the Illinois
State Police. The powers, duties, rights, and responsibilities
related to the functions of the Illinois Commerce Commission
Police Force transferred under this amendatory Act of the
103rd General Assembly shall be vested in and shall be
exercised by the Illinois State Police. The Illinois State
Police shall assume all enforcement duties held currently by
the Illinois Commerce Commission Police Force. On and after
the effective date of this amendatory Act of the 103rd General
Assembly, the Illinois Commerce Commission is prohibited from
hiring additional Illinois Commerce Commission Police
Officers.
(b) Illinois Commerce Commission Police Officers within
the Illinois Commerce Commission who are engaged in the
performance of functions transferred to the Illinois State
Police under this amendatory Act of the 103rd General Assembly
are transferred to and shall continue their service within the
Illinois State Police. The status and rights of those
employees under the Personnel Code shall not be affected by

HB3575 - 115 - LRB103 29826 RLC 56234 b
this amendatory Act of the 103rd General Assembly. The rights
of the employees and the State of Illinois and its agencies
under the Personnel Code and applicable collective bargaining
agreements or under any pension, retirement, or annuity plan,
shall not be affected by this amendatory Act of the 103rd
General Assembly. Current Illinois Commerce Police Officers'
salaries shall remain at the rate in effect on the effective
date of this amendatory Act of the 103rd General Assembly,
until an applicable collective bargaining agreement is
adopted.
(c) All books, records, papers, documents, and equipment
related to the responsibilities transferred to the Illinois
State Police under this amendatory Act of the 103rd General
Assembly, including, but not limited to, material in
electronic or magnetic format and necessary computer hardware
and software, shall be transferred to the Illinois State
Police.
(d) All unexpended appropriations and balances and other
funds available for use by the Illinois Commerce Commission
Police Force shall be transferred for use by the Illinois
State Police in accordance with this amendatory Act of the
103rd General Assembly. Unexpended balances so transferred
shall be expended by the Illinois State Police only for the
purpose for which the appropriations were originally made.
(e) Any rules of the Illinois Commerce Commission that
relate to its powers, duties, rights, and responsibilities

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with respect to functions transferred to the Illinois State
Police by this amendatory Act of the 103rd General Assembly
and which are in full force on the effective date of this
amendatory Act of the 103rd General Assembly shall become the
rules of the Illinois State Police. This amendatory Act of the
103rd General Assembly does not affect the legality of any of
those rules in the Illinois Administrative Code. Any proposed
rule filed with the Secretary of State by the Illinois
Commerce Commission that is pending in the rulemaking process
on the effective date of this amendatory Act of the 103rd
General Assembly and pertain to the powers, duties, rights,
and responsibilities transferred, shall be deemed to have been
filed by the Illinois State Police. As soon as practicable
hereafter, the Illinois State Police shall revise and clarify
the rules transferred to it under this amendatory Act of the
103rd General Assembly to reflect the reorganization of
powers, duties, rights, and responsibilities affected by this
amendatory Act of the 103rd General Assembly, using the
procedures for recodification of rules available under the
Illinois Administrative Procedure Act, except that existing
title, part, and section numbering for the affected rules may
be retained. On and after the effective date of this
amendatory Act of the 103rd General Assembly, the Illinois
State Police may propose and adopt, under the Illinois
Administrative Procedure Act, any other rules that relate to
the functions of the Illinois Commerce Commission Police Force

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transferred to and that will now be administered by the
Illinois State Police.
(f) The transfer of powers, duties, rights, and
responsibilities to the Illinois State Police under this
amendatory Act of the 103rd General Assembly does not affect
any person's rights, obligations, or duties, including any
civil or criminal penalties applicable, arising out of those
transferred powers, duties, rights, and responsibilities.
(g) This amendatory Act of the 103rd General Assembly does
not affect any act done, ratified, or canceled, or any right
occurring or established, or any action or proceeding had or
commenced in an administrative, civil, or criminal cause by
the Illinois Commerce Commission Police Force or any Illinois
Commerce Commission Police Officer before the effective date
of this amendatory Act of the 103rd General Assembly; those
actions or proceedings may be defended, prosecuted, or
continued by the Illinois State Police.
(h) The transition required under this Section shall be
completed on or before July 1, 2025.
Section 65. The Collateral Recovery Act is amended by
changing Sections 45 and 60 as follows:
(225 ILCS 422/45)
(Section scheduled to be repealed on January 1, 2027)
Sec. 45. Repossession agency employee requirements.

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(a) All employees of a licensed repossession agency whose
duties include the actual repossession of collateral must
apply for a recovery permit. The holder of a repossession
agency license issued under this Act, known in this Section as
the "employer", may employ in the conduct of the business
under the following provisions:
(1) No person may be issued a recovery permit who
meets any of the following criteria:
(A) Is younger than 21 years of age.
(B) Has been convicted of a crime identified in
paragraph (3) of subsection (a) of Section 80 of this
Act and the Commission determines the ability of the
person to engage in the position for which a permit is
sought is impaired as a result of the conviction.
(C) Has had a license or recovery permit denied,
suspended, or revoked under this Act.
(D) Has not successfully completed a certification
program approved by the Commission.
(2) No person may be employed by a repossession agency
under this Section until he or she has executed and
furnished to the Commission, on forms furnished by the
Commission, a verified statement to be known as an
"Employee's Statement" setting forth all of the following:
(A) The person's full name, age, and residence
address.
(B) The business or occupation engaged in for the

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5 years immediately before the date of the execution
of the statement, the place where the business or
occupation was engaged in, and the names of the
employers, if any.
(C) That the person has not had a license or
recovery permit denied, revoked, or suspended under
this Act.
(D) Any conviction of a felony, except as provided
for in Section 85.
(E) Any other information as may be required by
any rule of the Commission to show the good character,
competency, and integrity of the person executing the
statement.
(b) Each applicant for a recovery permit shall have his or
her fingerprints submitted to the Commission by a Live Scan
fingerprint vendor certified by the Illinois State Police
under the Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004 in an electronic
format that complies with the form and manner for requesting
and furnishing criminal history record information as
prescribed by the Illinois State Police. These fingerprints
shall be checked against the Illinois State Police and Federal
Bureau of Investigation criminal history record databases now
and hereafter filed. The Commission shall charge applicants a
fee for conducting the criminal history records check, which
shall not exceed the actual cost of the records check. The

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Illinois State Police Illinois Commerce Commission Police
shall furnish, pursuant to positive identification, records of
Illinois convictions to the Commission. The Commission, in its
discretion, may allow an applicant who does not have
reasonable access to a designated vendor to provide his or her
fingerprints in an alternative manner. The Commission, in its
discretion, may also use other procedures in performing or
obtaining criminal history records checks of applicants.
Instead of submitting his or her fingerprints, an individual
may submit proof that is satisfactory to the Commission that
an equivalent security clearance has been conducted.
(c) Qualified applicants shall purchase a recovery permit
from the Commission and in a form that the Commission
prescribes. The Commission shall notify the submitting person
within 14 days after receipt of a criminal history records
check from the Illinois Commerce Commission Police conducted
pursuant to subsection (b) of its intent to issue the recovery
permit or set the matter for an administrative hearing before
an administrative law judge to assist the Commission in
determining whether the applicant is fit pursuant to Section
80. The holder of a recovery permit shall carry the recovery
permit at all times while actually engaged in the performance
of the duties of his or her employment. No recovery permit
shall be effective unless accompanied by a license issued by
the Commission. Expiration and requirements for renewal of
recovery permits shall be established by rule of the

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Commission. Possession of a recovery permit does not in any
way imply that the holder of the recovery permit is employed by
any agency unless the recovery permit is accompanied by the
employee identification card required by subsection (e) of
this Section.
(d) Each employer shall maintain a record of each employee
that is accessible to the duly authorized representatives of
the Commission. The record shall contain all of the following
information:
(1) A photograph taken within 10 days after the date
that the employee begins employment with the employer. The
photograph shall be replaced with a current photograph
every 3 calendar years.
(2) The Employee's Statement specified in paragraph
(2) of subsection (a) of this Section.
(3) All correspondence or documents relating to the
character and integrity of the employee received by the
employer from any official source or law enforcement
agency.
(4) In the case of former employees, the employee
identification card of that person issued under subsection
(e) of this Section.
(e) Every employer shall furnish an employee
identification card to each of his or her employees. This
subsection (e) shall not apply to office or clerical
personnel. This employee identification card shall contain a

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recent photograph of the employee, the employee's name, the
name and agency license number of the employer, the employee's
personal description, the signature of the employer, the
signature of that employee, the date of issuance, and an
employee identification card number.
(f) No employer may issue an employee identification card
to any person who is not employed by the employer in accordance
with this Section or falsely state or represent that a person
is or has been in his or her employ. It is unlawful for an
applicant for registration to file with the Commission the
fingerprints of a person other than himself or herself or to
fail to exercise due diligence in resubmitting replacement
fingerprints for those employees who have had original
fingerprint submissions returned as unclassifiable. An agency
shall inform the Commission within 15 days after contracting
or employing a licensed repossession agency employee. The
Commission shall develop a registration process by rule.
(g) Every employer shall obtain the identification card of
every employee who terminates employment with the employer. An
employer shall immediately report an identification card that
is lost or stolen to the local police department having
jurisdiction over the repossession agency location.
(h) No agency may employ any person to perform any
activity under this Act unless the person possesses a valid
license or recovery permit under this Act.
(i) If information is discovered affecting the

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registration of a person whose fingerprints were submitted
under this Section, then the Commission shall so notify the
agency that submitted the fingerprints on behalf of that
person.
(j) A person employed under this Section shall have 15
business days within which to notify the Commission of any
change in employer. A recovery employee may work under the
recovery permit for multiple licensed repossession agencies.
(k) This Section applies only to those employees of
licensed repossession agencies whose duties include actual
repossession of collateral.
(l) An applicant who is 21 years of age or older seeking a
religious exemption to the photograph requirement of this
Section shall furnish with his or her application an approved
copy of United States Department of the Treasury Internal
Revenue Service Form 4029. Regardless of age, an applicant
seeking a religious exemption to this photograph requirement
shall submit fingerprints in a form and manner prescribed by
the Commission with his or her application in lieu of a
photograph.
(Source: P.A. 102-748, eff. 1-1-23.)
(225 ILCS 422/60)
(Section scheduled to be repealed on January 1, 2027)
Sec. 60. Criminal background check. The Commission shall
require that each individual, partner of a partnership,

HB3575 - 124 - LRB103 29826 RLC 56234 b
officer of a corporation, or owner of a limited liability
company, as part of the application process, authorize a
criminal history records check to determine if such applicant
has ever been charged with a crime and, if so, the disposition
of those charges. Upon this authorization, each individual,
partner of a partnership, officer of a corporation, or owner
of a limited liability company shall submit his or her
fingerprints to the Commission in the form and manner
prescribed by the Illinois State Police Illinois Commerce
Commission Police. These fingerprints shall be checked against
the fingerprint records now and hereafter filed in the
Illinois State Police and Federal Bureau of Investigation
criminal history records databases. The Commission shall
charge a fee for conducting the criminal history records
check, which shall be deposited in the Transportation
Regulatory Fund and shall not exceed the actual cost of the
records check. The Illinois State Police Illinois Commerce
Commission Police shall provide information concerning any
criminal charges, and their disposition, now or hereafter
filed against an applicant upon request of the Commission when
the request is made in the form and manner required by the
Illinois State Police Illinois Commerce Commission Police.
(Source: P.A. 97-576, eff. 7-1-12.)
Section 70. The Illinois Natural Areas Preservation Act is
amended by changing Section 24 as follows:

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(525 ILCS 30/24) (from Ch. 105, par. 724)
Sec. 24. The Illinois State Police, Conservation Police
Officers, other employees designated by the Director,
sheriffs, and other police officers shall enforce this Act and
the rules promulgated thereunder and are empowered to arrest
any person detected in violation thereof.
(Source: P.A. 82-445.)
Section 75. The Illinois Vehicle Code is amended by
changing Sections 2-115, 2-116, 3-209, 3-406, 3-422, 4-107,
5-101, 5-101.1, 5-102, 5-102.8, 5-403, 5-803, 5-901, 6-121,
11-501.01, 11-1301.3, 18a-101, 18a-200, 18c-1104, 18c-1202,
18c-1204, 18c-1205, 18c-4101, 18c-4308, 18c-6101, 18c-7101,
18c-7403, and 18c-7404 and by adding Sections 2-116.1,
18a-101.5, 18c-1201.5, and 18d-111 as follows:
(625 ILCS 5/2-115) (from Ch. 95 1/2, par. 2-115)
Sec. 2-115. Investigators.
(a) The Secretary of State, for the purpose of more
effectively carrying out the provisions of the laws in
relation to motor vehicles, shall have power to appoint such
number of investigators as he may deem necessary. It shall be
the duty of such investigators to investigate and enforce
violations of the provisions of this Act administered by the
Secretary of State and provisions of Chapters 11, 12, 13, 14,

HB3575 - 126 - LRB103 29826 RLC 56234 b
and 15 and to investigate and report any violation by any
person who operates as a motor carrier of property as defined
in Section 18-100 of this Act and does not hold a valid
certificate or permit. Such investigators shall have and may
exercise throughout the State all of the powers of peace
officers.
No person may be retained in service as an investigator
under this Section after he or she has reached 60 years of age,
except for a person employed in the title of Capitol Police
Investigator, in which case, that person may not be retained
in service after that person has reached 65 years of age.
The Secretary of State must authorize to each investigator
employed under this Section and to any other employee of the
Office of the Secretary of State exercising the powers of a
peace officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by the Office of the
Secretary of State and (ii) contains a unique identifying
number. No other badge shall be authorized by the Office of the
Secretary of State.
(b) The Secretary may expend such sums as he deems
necessary from Contractual Services appropriations for the
Department of Police for the purchase of evidence, for the
employment of persons to obtain evidence, and for the payment
for any goods or services related to obtaining evidence. Such
sums shall be advanced to investigators authorized by the
Secretary to expend funds, on vouchers signed by the

HB3575 - 127 - LRB103 29826 RLC 56234 b
Secretary. In addition, the Secretary of State is authorized
to maintain one or more commercial checking accounts with any
State banking corporation or corporations organized under or
subject to the Illinois Banking Act for the deposit and
withdrawal of moneys to be used solely for the purchase of
evidence and for the employment of persons to obtain evidence,
or for the payment for any goods or services related to
obtaining evidence; provided that no check may be written on
nor any withdrawal made from any such account except on the
written signatures of 2 persons designated by the Secretary to
write such checks and make such withdrawals, and provided
further that the balance of moneys on deposit in any such
account shall not exceed $5,000 at any time, nor shall any one
check written on or single withdrawal made from any such
account exceed $5,000.
All fines or moneys collected or received by the Secretary
of State Department of Police under any State or federal
forfeiture statute; including, but not limited to moneys
forfeited under Section 12 of the Cannabis Control Act, moneys
forfeited under Section 85 of the Methamphetamine Control and
Community Protection Act, and moneys distributed under Section
413 of the Illinois Controlled Substances Act, shall be
deposited into the Secretary of State Evidence Fund.
In all convictions for offenses in violation of this Act,
the Court may order restitution to the Secretary of any or all
sums expended for the purchase of evidence, for the employment

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of persons to obtain evidence, and for the payment for any
goods or services related to obtaining evidence. All such
restitution received by the Secretary shall be deposited into
the Secretary of State Evidence Fund. Moneys deposited into
the fund shall, subject to appropriation, be used by the
Secretary of State for the purposes provided for under the
provisions of this Section.
(Source: P.A. 100-201, eff. 8-18-17; 101-610, eff. 1-1-20.)
(625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)
Sec. 2-116. Secretary of State Department of Police.
(a) The Secretary of State and the officers, inspectors,
and investigators appointed by him shall cooperate with the
Illinois State Police and the sheriffs and police in enforcing
the laws regulating the operation of vehicles and the use of
the highways.
(b) The Secretary of State may provide training and
education for members of his office in traffic regulation, the
promotion of traffic safety and the enforcement of laws vested
in the Secretary of State for administration and enforcement
regulating the operation of vehicles and the use of the
highways.
(c) The Secretary of State may provide distinctive
uniforms and badges for officers, inspectors and investigators
employed in the administration of laws relating to the
operation of vehicles and the use of the highways and vesting

HB3575 - 129 - LRB103 29826 RLC 56234 b
the administration and enforcement of such laws in the
Secretary of State.
(c-5) The Director of the Secretary of State Department of
Police shall establish a program to allow a Secretary of State
Police officer, inspector, or investigator who is honorably
retiring in good standing to purchase either one or both of the
following: (1) any Secretary of State Department of Police
badge previously issued to that officer, inspector, or
investigator; or (2) if the officer, inspector, or
investigator has a currently valid Firearm Owner's
Identification Card, the service firearm issued or previously
issued to the officer, inspector, or investigator by the
Secretary of State Department of Police. The cost of the
firearm shall be the replacement value of the firearm and not
the firearm's fair market value.
(d) (Blank). The Secretary of State Department of Police
is authorized to:
(1) investigate the origins, activities, persons, and
incidents of crime and the ways and means, if any, to
redress the victims of crimes, and study the impact, if
any, of legislation relative to the criminal laws of this
State related thereto and conduct any other investigations
as may be provided by law;
(2) employ skilled experts, technicians,
investigators, special agents, or otherwise specially
qualified persons to aid in preventing or detecting crime,

HB3575 - 130 - LRB103 29826 RLC 56234 b
apprehending criminals, or preparing and presenting
evidence of violations of the criminal laws of the State;
(3) cooperate with the police of cities, villages, and
incorporated towns, and with the police officers of any
county, in enforcing the laws of the State and in making
arrests;
(4) provide, as may be required by law, assistance to
local law enforcement agencies through training,
management, and consultant services for local law
enforcement agencies, pertaining to law enforcement
activities;
(5) exercise the rights, powers, and duties which have
been vested in it by the Secretary of State Act and this
Code; and
(6) enforce and administer any other laws in relation
to law enforcement as may be vested in the Secretary of
State Department of Police.
Persons within the Secretary of State Department of Police
who exercise these powers are conservators of the peace and
have all the powers possessed by policemen in municipalities
and sheriffs, and may exercise these powers anywhere in the
State in cooperation with local law enforcement officials.
These persons may use false or fictitious names in the
performance of their duties under this Section, upon approval
of the Director of Police-Secretary of State, and shall not be
subject to prosecution under the criminal laws for that use.

HB3575 - 131 - LRB103 29826 RLC 56234 b
(e) (Blank). The Secretary of State Department of Police
may charge, collect, and receive fees or moneys equivalent to
the cost of providing its personnel, equipment, and services
to governmental agencies when explicitly requested by a
governmental agency and according to an intergovernmental
agreement or memorandums of understanding as provided by this
Section, including but not limited to fees or moneys
equivalent to the cost of providing training to other
governmental agencies on terms and conditions that in the
judgment of the Director of Police-Secretary of State are in
the best interest of the Secretary of State. All fees received
by the Secretary of State Police Department under this Act
shall be deposited in a special fund in the State Treasury to
be known as the Secretary of State Police Services Fund. The
money deposited in the Secretary of State Police Services Fund
shall be appropriated to the Secretary of State Department of
Police as provided for in subsection (g).
(f) (Blank). The Secretary of State Department of Police
may apply for grants or contracts and receive, expend,
allocate, or disburse moneys made available by public or
private entities, including, but not limited to, contracts,
bequests, grants, or receiving equipment from corporations,
foundations, or public or private institutions of higher
learning.
(g) (Blank). The Secretary of State Police Services Fund
is hereby created as a special fund in the State Treasury. All

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moneys received under this Section by the Secretary of State
Department of Police shall be deposited into the Secretary of
State Police Services Fund to be appropriated to the Secretary
of State Department of Police for purposes as indicated by the
grantor or contractor or, in the case of moneys bequeathed or
granted for no specific purpose, for any purpose as deemed
appropriate by the Director of Police-Secretary of State in
administering the responsibilities of the Secretary of State
Department of Police.
(Source: P.A. 102-538, eff. 8-20-21.)
(625 ILCS 5/2-116.1 new)
Sec. 2-116.1. Secretary of State Department of Police
abolished; transfer of powers and duties.
(a) On and after the effective date of this amendatory Act
of the 103rd General Assembly, the Secretary of State
Department of Police is abolished and all powers, duties,
rights, and responsibilities of the Secretary of State
Department of Police shall be transferred to the Illinois
State Police. The powers, duties, rights, and responsibilities
related to the functions of the Secretary of State Department
of Police transferred under this amendatory Act of the 103rd
General Assembly shall be vested in and shall be exercised by
the Illinois State Police. The Illinois State Police shall
assume all enforcement duties held currently by Secretary of
State Department of Police Officers. On and after the

HB3575 - 133 - LRB103 29826 RLC 56234 b
effective date of this amendatory Act of the 103rd General
Assembly, the Secretary of State is prohibited from hiring
additional Secretary of State Department of Police Officers.
(b) Secretary of State Department of Police Officers
within the office of the Secretary of State who are engaged in
the performance of functions transferred to the Illinois State
Police under this amendatory Act of the 103rd General Assembly
are transferred to and shall continue their service within the
Illinois State Police. The status and rights of those
employees under the Personnel Code shall not be affected by
this amendatory Act of the 103rd General Assembly. The rights
of the employees and the State of Illinois and its agencies
under the Personnel Code and applicable collective bargaining
agreements or under any pension, retirement, or annuity plan,
shall not be affected by this amendatory Act of the 103rd
General Assembly. Current Secretary of State Department of
Police Officers' salaries shall remain at the rate in effect
on the effective date of this amendatory Act of the 103rd
General Assembly, until an applicable collective bargaining
agreement is adopted.
(c) All books, records, papers, documents, and equipment
related to the responsibilities transferred to the Illinois
State Police under this amendatory Act of the 103rd General
Assembly, including, but not limited to, material in
electronic or magnetic format and necessary computer hardware
and software, shall be transferred to the Illinois State

HB3575 - 134 - LRB103 29826 RLC 56234 b
Police.
(d) All unexpended appropriations and balances and other
funds available for use by the Secretary of State Department
of Police shall be transferred for use by the Illinois State
Police in accordance with this amendatory Act of the 103rd
General Assembly. Unexpended balances so transferred shall be
expended by the Illinois State Police only for the purpose for
which the appropriations were originally made.
(e) Any rules of the Secretary of State that relate to its
powers, duties, rights, and responsibilities with respect to
functions transferred to the Illinois State Police by this
amendatory Act of the 103rd General Assembly and which are in
full force on the effective date of this amendatory Act of the
103rd General Assembly shall become the rules of the Illinois
State Police. This amendatory Act of the 103rd General
Assembly does not affect the legality of any of those rules in
the Illinois Administrative Code. Any proposed rule filed with
the Secretary of State by the Secretary of State Department of
Police that is pending in the rulemaking process on the
effective date of this amendatory Act of the 103rd General
Assembly and pertain to the powers, duties, rights, and
responsibilities transferred, shall be deemed to have been
filed by the Illinois State Police. As soon as practicable
hereafter, the Illinois State Police shall revise and clarify
the rules transferred to it under this amendatory Act of the
103rd General Assembly to reflect the reorganization of

HB3575 - 135 - LRB103 29826 RLC 56234 b
powers, duties, rights, and responsibilities affected by this
amendatory Act of the 103rd General Assembly, using the
procedures for recodification of rules available under the
Illinois Administrative Procedure Act, except that existing
title, part, and section numbering for the affected rules may
be retained. On and after the effective date of this
amendatory Act of the 103rd General Assembly, the Illinois
State Police may propose and adopt, under the Illinois
Administrative Procedure Act, any other rules that relate to
the functions of the Conservation Police Force transferred to
and that will now be administered by the Illinois State
Police.
(f) The transfer of powers, duties, rights, and
responsibilities to the Illinois State Police under this
amendatory Act of the 103rd General Assembly does not affect
any person's rights, obligations, or duties, including any
civil or criminal penalties applicable, arising out of those
transferred powers, duties, rights, and responsibilities.
(g) This amendatory Act of the 103rd General Assembly does
not affect any act done, ratified, or canceled, or any right
occurring or established, or any action or proceeding had or
commenced in an administrative, civil, or criminal cause by
the Secretary of State Department of Police or any Secretary
of State Department of Police Officer before the effective
date of this amendatory Act of the 103rd General Assembly;
those actions or proceedings may be defended, prosecuted, or

HB3575 - 136 - LRB103 29826 RLC 56234 b
continued by the Illinois State Police.
(h) The transition required under this Section shall be
completed on or before July 1, 2025.
(625 ILCS 5/3-209) (from Ch. 95 1/2, par. 3-209)
Sec. 3-209. Powers of Secretary of State.
(a) The Secretary of State shall prescribe and provide
suitable forms of applications, certificates of title, notices
of security interests, and all other notices and forms
necessary to carry out the provisions of this chapter.
(b) The Secretary of State may:
1. Make necessary investigations to procure
information required to carry out the provisions of this
Act.
2. Assign a new identifying number to a vehicle if it
has none, or its identifying number is destroyed or
obliterated, or its motor is changed, and shall either
issue a new certificate of title showing the new
identifying number or make an appropriate endorsement on
the original certificate.
3. Remove a franchise affiliate's lien so that the
franchise affiliate may pursue the balance of the lien
with the defunct dealership instead of the constituent.
This item applies if a franchise dealer neglects to pay
off a trade-in vehicle's lien, and that lien is held by the
franchise affiliate. The Secretary shall make this

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determination pursuant to an investigation by the
Secretary of State Department of Police.
(Source: P.A. 102-154, eff. 1-1-22.)
(625 ILCS 5/3-406) (from Ch. 95 1/2, par. 3-406)
Sec. 3-406. Application for specially constructed,
reconstructed, custom, street rod, foreign vehicles, or glider
kits.
(a) In the event the vehicle to be registered is a
specially constructed, reconstructed or foreign vehicle, such
fact shall be stated in the application and with reference to
every foreign vehicle which has been registered heretofore
outside of this State the owner shall surrender to the
Secretary of State all registration plates, registration cards
or other evidence of such foreign registration as may be in his
possession or under his control except as provided in
subdivision (b) hereof.
(b) Where in the course of interstate operation of a
vehicle registered in another State, it is desirable to retain
registration of said vehicle in such other State, such
applicant need not surrender but shall submit for inspection
said evidences of such foreign registration and the Secretary
of State upon a proper showing shall register said vehicle in
this State but shall not issue a certificate of title for such
vehicle.
(c) In the event the applicant seeks to have the vehicle

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registered as a custom vehicle or street rod, that fact must be
stated in the application. Prior to registration, custom
vehicles or street rods must be inspected by the Secretary of
State Department of Police. Upon successful completion of the
inspection, the vehicle may be registered in the following
manner. The make of the vehicle shall be listed as the make of
the actual vehicle or the make it is designed to resemble
(e.g., Ford or Chevrolet); the model of the vehicle shall be
listed as custom vehicle or street rod; and the year of the
vehicle shall be listed as the year the actual vehicle was
manufactured or the year it is designed to resemble.
(d) In the event the applicant seeks to have the vehicle
registered as a glider kit, that fact must be stated in the
application. Each glider kit sought to be registered shall be
inspected by the Secretary of State Department of Police who
shall verify the chassis, cab, front axle, and other essential
parts as acceptable. Upon successful completion of the
inspection, the vehicle may be registered in the following
manner: (1) the make of the vehicle shall be listed as the make
of the chassis of the actual manufacturer; (2) the model of the
vehicle shall be listed as glider kit; and (3) the year of the
vehicle shall be listed as the year presented on the
manufacturer's certificate of origin for the chassis, unless
no year is presented, then it shall be listed as the year the
application is received.
(Source: P.A. 99-748, eff. 8-5-16.)

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(625 ILCS 5/3-422)
Sec. 3-422. Issuance of confidential license plates and
registrations.
(a) Requirements for use of confidential vehicle license
plates and registrations. Confidential vehicle license plates
and registrations may be issued to local, state, and federal
government agencies for bona fide law enforcement purposes.
The plates and registrations may be issued in fictitious names
and addresses, and may be used only in confidential,
investigative, or undercover law enforcement operations.
(b) Application procedures for confidential plates and
registrations:
(1) Applications by local, state, and federal
government agencies for confidential license plates and
registrations must be made to the Secretary of State
Police Department on a form and in a manner prescribed by
the Secretary of State Police Department.
(2) The application form must include information, as
specific as possible without compromising investigations
or techniques, setting forth the need for the license
plates and registrations and the uses to which the license
plates and registrations will be limited.
(3) The application form must be signed and verified
by the local, state, or federal government agency head or
designee.

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(4) Registration information maintained by the
Secretary of State Police Department for confidential
license plates and registrations must show the fictitious
names and addresses on all records subject to public
disclosure. All other information concerning these
confidential license plates and registrations are exempt
from disclosure unless the disclosure is ordered by a
court of competent jurisdiction.
(c) Revocation and cancellation procedures for
confidential license plates and registrations:
(1) The Secretary of State Police Department may
revoke or refuse to renew confidential license plates and
registrations when they have reasonable cause to believe
the license plates and registrations are being used for
purposes other than those set forth in the application
form or authorized by this Section, or where records
indicate that within a one-year period five or more
parking or toll highway violations have been issued to the
vehicle associated with the license plate and registration
and those violations remain unpaid.
(2) A government agency must request cancellation of
confidential license plates and registrations that are no
longer required for the purposes for which they were
issued.
(3) All revoked confidential license plates and
certificates of registration must be promptly returned to

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the Secretary of State Police Department by the government
agency to which they were issued.
(d) All fees collected for the issuance of confidential
license plates and registrations must be deposited in the
Secretary of State Police Services Fund.
(Source: P.A. 96-549, eff. 8-17-09.)
(625 ILCS 5/4-107) (from Ch. 95 1/2, par. 4-107)
Sec. 4-107. Stolen, converted, recovered and unclaimed
vehicles.
(a) Every Sheriff, Superintendent of police, Chief of
police or other police officer in command of any Police
department in any City, Village or Town of the State, shall, by
the fastest means of communications available to his law
enforcement agency, immediately report to the Illinois State
Police, in Springfield, Illinois, the theft or recovery of any
stolen or converted vehicle within his district or
jurisdiction. The report shall give the date of theft,
description of the vehicle including color, year of
manufacture, manufacturer's trade name, manufacturer's series
name, body style, vehicle identification number and license
registration number, including the state in which the license
was issued and the year of issuance, together with the name,
residence address, business address, and telephone number of
the owner. The report shall be routed by the originating law
enforcement agency through the Illinois State Police District

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in which such agency is located.
(b) A registered owner or a lienholder may report the
theft by conversion of a vehicle, to the Illinois State
Police, or any other police department or Sheriff's office.
Such report will be accepted as a report of theft and processed
only if a formal complaint is on file and a warrant issued.
(c) An operator of a place of business for garaging,
repairing, parking or storing vehicles for the public, in
which a vehicle remains unclaimed, after being left for the
purpose of garaging, repairing, parking or storage, for a
period of 15 days, shall, within 5 days after the expiration of
that period, report the vehicle as unclaimed to the municipal
police when the vehicle is within the corporate limits of any
City, Village or incorporated Town, or the County Sheriff, or
State Police when the vehicle is outside the corporate limits
of a City, Village or incorporated Town. This Section does not
apply to any vehicle:
(1) removed to a place of storage by a law enforcement
agency having jurisdiction, in accordance with Sections
4-201 and 4-203 of this Act; or
(2) left under a garaging, repairing, parking, or
storage order signed by the owner, lessor, or other
legally entitled person.
Failure to comply with this Section will result in the
forfeiture of storage fees for that vehicle involved.
(d) The Illinois State Police shall keep a complete record

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of all reports filed under this Section of the Act. Upon
receipt of such report, a careful search shall be made of the
records of the office of the Illinois State Police, and where
it is found that a vehicle reported recovered was stolen in a
County, City, Village or Town other than the County, City,
Village or Town in which it is recovered, the Illinois State
Police shall immediately notify the Sheriff, Superintendent of
police, Chief of police, or other police officer in command of
the Sheriff's office or Police department of the County, City,
Village or Town in which the vehicle was originally reported
stolen, giving complete data as to the time and place of
recovery.
(e) Notification of the theft or conversion of a vehicle
will be furnished to the Secretary of State by the Illinois
State Police. The Secretary of State shall place the proper
information in the license registration and title registration
files to indicate the theft or conversion of a motor vehicle or
other vehicle. Notification of the recovery of a vehicle
previously reported as a theft or a conversion will be
furnished to the Secretary of State by the Illinois State
Police. The Secretary of State shall remove the proper
information from the license registration and title
registration files that has previously indicated the theft or
conversion of a vehicle. The Secretary of State shall suspend
the registration of a vehicle upon receipt of a report from the
Illinois State Police that such vehicle was stolen or

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converted.
(f) When the Secretary of State receives an application
for a certificate of title or an application for registration
of a vehicle and it is determined from the records of the
office of the Secretary of State that such vehicle has been
reported stolen or converted, the Secretary of State shall
immediately notify the Illinois State Police or the Secretary
of State Department of Police and shall give the Illinois
State Police or the Secretary of State Department of Police
the name and address of the person or firm titling or
registering the vehicle, together with all other information
contained in the application submitted by such person or firm.
If the Secretary of State Department of Police receives
notification under this subsection (f), it shall conduct an
investigation concerning the identity of the registered owner
of the stolen or converted vehicle.
(g) During the usual course of business the manufacturer
of any vehicle shall place an original manufacturer's vehicle
identification number on all such vehicles manufactured and on
any part of such vehicles requiring an identification number.
(h) Except provided in subsection (h-1), if a
manufacturer's vehicle identification number is missing or has
been removed, changed or mutilated on any vehicle, or any part
of such vehicle requiring an identification number, the
Illinois State Police or the Secretary of State Department of
Police shall restore, restamp or reaffix the vehicle

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identification number plate, or affix a new plate bearing the
original manufacturer's vehicle identification number on each
such vehicle and on all necessary parts of the vehicles. A
vehicle identification number so affixed, restored, restamped,
reaffixed or replaced is not falsified, altered or forged
within the meaning of this Act.
(h-1) A person engaged in the repair or servicing of
vehicles may reaffix a manufacturer's identification number
plate on the same damaged vehicle from which it was originally
removed, if the person reaffixes the original manufacturer's
identification number plate in place of the identification
number plate affixed on a new dashboard that has been
installed in the vehicle. The person must notify the Secretary
of State each time the original manufacturer's identification
number plate is reaffixed on a vehicle. The person must keep a
record indicating that the identification number plate affixed
on the new dashboard has been removed and has been replaced by
the manufacturer's identification number plate originally
affixed on the vehicle. The person also must keep a record
regarding the status and location of the identification number
plate removed from the replacement dashboard. The Secretary
shall adopt rules for implementing this subsection (h-1).
(h-2) The owner of a vehicle repaired under subsection
(h-1) must, within 90 days of the date of the repairs, contact
an officer of the Illinois State Police Vehicle Inspection
Bureau and arrange for an inspection of the vehicle, by the

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officer or the officer's designee, at a mutually agreed upon
date and location.
(i) If a vehicle or part of any vehicle is found to have
the manufacturer's identification number removed, altered,
defaced or destroyed, the vehicle or part shall be seized by
any law enforcement agency having jurisdiction and held for
the purpose of identification. In the event that the
manufacturer's identification number of a vehicle or part
cannot be identified, the vehicle or part shall be considered
contraband, and no right of property shall exist in any person
owning, leasing or possessing such property, unless the person
owning, leasing or possessing the vehicle or part acquired
such without knowledge that the manufacturer's vehicle
identification number has been removed, altered, defaced,
falsified or destroyed.
Either the seizing law enforcement agency or the State's
Attorney of the county where the seizure occurred may make an
application for an order of forfeiture to the circuit court in
the county of seizure. The application for forfeiture shall be
independent from any prosecution arising out of the seizure
and is not subject to any final determination of such
prosecution. The circuit court shall issue an order forfeiting
the property to the seizing law enforcement agency if the
court finds that the property did not at the time of seizure
possess a valid manufacturer's identification number and that
the original manufacturer's identification number cannot be

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ascertained. The seizing law enforcement agency may:
(1) retain the forfeited property for official use; or
(2) sell the forfeited property and distribute the
proceeds in accordance with Section 4-211 of this Code, or
dispose of the forfeited property in such manner as the
law enforcement agency deems appropriate.
(i-1) If a motorcycle is seized under subsection (i), the
motorcycle must be returned within 45 days of the date of
seizure to the person from whom it was seized, unless (i)
criminal charges are pending against that person or (ii) an
application for an order of forfeiture has been submitted to
the circuit in the county of seizure or (iii) the circuit court
in the county of seizure has received from the seizing law
enforcement agency and has granted a petition to extend, for a
single 30 day period, the 45 days allowed for return of the
motorcycle. Except as provided in subsection (i-2), a
motorcycle returned to the person from whom it was seized must
be returned in essentially the same condition it was in at the
time of seizure.
(i-2) If any part or parts of a motorcycle seized under
subsection (i) are found to be stolen and are removed, the
seizing law enforcement agency is not required to replace the
part or parts before returning the motorcycle to the person
from whom it was seized.
(j) The Illinois State Police or the Secretary of State
Department of Police shall notify the Secretary of State each

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time a manufacturer's vehicle identification number is
affixed, reaffixed, restored or restamped on any vehicle. The
Secretary of State shall make the necessary changes or
corrections in his records, after the proper applications and
fees have been submitted, if applicable.
(k) Any vessel, vehicle or aircraft used with knowledge
and consent of the owner in the commission of, or in the
attempt to commit as defined in Section 8-4 of the Criminal
Code of 2012, an offense prohibited by Section 4-103 of this
Chapter, including transporting of a stolen vehicle or stolen
vehicle parts, shall be seized by any law enforcement agency.
The seizing law enforcement agency may:
(1) return the vehicle to its owner if such vehicle is
stolen; or
(2) confiscate the vehicle and retain it for any
purpose which the law enforcement agency deems
appropriate; or
(3) sell the vehicle at a public sale or dispose of the
vehicle in such other manner as the law enforcement agency
deems appropriate.
If the vehicle is sold at public sale, the proceeds of the
sale shall be paid to the law enforcement agency.
The law enforcement agency shall not retain, sell or
dispose of a vehicle under paragraphs (2) or (3) of this
subsection (k) except upon an order of forfeiture issued by
the circuit court. The circuit court may issue such order of

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forfeiture upon application of the law enforcement agency or
State's Attorney of the county where the law enforcement
agency has jurisdiction, or in the case of the Illinois State
Police or the Secretary of State, upon application of the
Attorney General.
The court shall issue the order if the owner of the vehicle
has been convicted of transporting stolen vehicles or stolen
vehicle parts and the evidence establishes that the owner's
vehicle has been used in the commission of such offense.
The provisions of subsection (k) of this Section shall not
apply to any vessel, vehicle or aircraft, which has been
leased, rented or loaned by its owner, if the owner did not
have knowledge of and consent to the use of the vessel, vehicle
or aircraft in the commission of, or in an attempt to commit,
an offense prohibited by Section 4-103 of this Chapter.
(Source: P.A. 102-538, eff. 8-20-21.)
(625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
(Text of Section before amendment by P.A. 102-982)
Sec. 5-101. New vehicle dealers must be licensed.
(a) No person shall engage in this State in the business of
selling or dealing in, on consignment or otherwise, new
vehicles of any make, or act as an intermediary or agent or
broker for any licensed dealer or vehicle purchaser other than
as a salesperson, or represent or advertise that he is so
engaged or intends to so engage in such business unless

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licensed to do so in writing by the Secretary of State under
the provisions of this Section.
(b) An application for a new vehicle dealer's license
shall be filed with the Secretary of State, duly verified by
oath, on such form as the Secretary of State may by rule or
regulation prescribe and shall contain:
1. The name and type of business organization of the
applicant and his established and additional places of
business, if any, in this State.
2. If the applicant is a corporation, a list of its
officers, directors, and shareholders having a ten percent
or greater ownership interest in the corporation, setting
forth the residence address of each; if the applicant is a
sole proprietorship, a partnership, an unincorporated
association, a trust, or any similar form of business
organization, the name and residence address of the
proprietor or of each partner, member, officer, director,
trustee, or manager.
3. The make or makes of new vehicles which the
applicant will offer for sale at retail in this State.
4. The name of each manufacturer or franchised
distributor, if any, of new vehicles with whom the
applicant has contracted for the sale of such new
vehicles. As evidence of this fact, the application shall
be accompanied by a signed statement from each such
manufacturer or franchised distributor. If the applicant

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is in the business of offering for sale new conversion
vehicles, trucks or vans, except for trucks modified to
serve a special purpose which includes but is not limited
to the following vehicles: street sweepers, fertilizer
spreaders, emergency vehicles, implements of husbandry or
maintenance type vehicles, he must furnish evidence of a
sales and service agreement from both the chassis
manufacturer and second stage manufacturer.
5. A statement that the applicant has been approved
for registration under the Retailers' Occupation Tax Act
by the Department of Revenue: Provided that this
requirement does not apply to a dealer who is already
licensed hereunder with the Secretary of State, and who is
merely applying for a renewal of his license. As evidence
of this fact, the application shall be accompanied by a
certification from the Department of Revenue showing that
that Department has approved the applicant for
registration under the Retailers' Occupation Tax Act.
6. A statement that the applicant has complied with
the appropriate liability insurance requirement. A
Certificate of Insurance in a solvent company authorized
to do business in the State of Illinois shall be included
with each application covering each location at which he
proposes to act as a new vehicle dealer. The policy must
provide liability coverage in the minimum amounts of
$100,000 for bodily injury to, or death of, any person,

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$300,000 for bodily injury to, or death of, two or more
persons in any one accident, and $50,000 for damage to
property. Such policy shall expire not sooner than
December 31 of the year for which the license was issued or
renewed. The expiration of the insurance policy shall not
terminate the liability under the policy arising during
the period for which the policy was filed. Trailer and
mobile home dealers are exempt from this requirement.
If the permitted user has a liability insurance policy
that provides automobile liability insurance coverage of
at least $100,000 for bodily injury to or the death of any
person, $300,000 for bodily injury to or the death of any 2
or more persons in any one accident, and $50,000 for
damage to property, then the permitted user's insurer
shall be the primary insurer and the dealer's insurer
shall be the secondary insurer. If the permitted user does
not have a liability insurance policy that provides
automobile liability insurance coverage of at least
$100,000 for bodily injury to or the death of any person,
$300,000 for bodily injury to or the death of any 2 or more
persons in any one accident, and $50,000 for damage to
property, or does not have any insurance at all, then the
dealer's insurer shall be the primary insurer and the
permitted user's insurer shall be the secondary insurer.
When a permitted user is "test driving" a new vehicle
dealer's automobile, the new vehicle dealer's insurance

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shall be primary and the permitted user's insurance shall
be secondary.
As used in this paragraph 6, a "permitted user" is a
person who, with the permission of the new vehicle dealer
or an employee of the new vehicle dealer, drives a vehicle
owned and held for sale or lease by the new vehicle dealer
which the person is considering to purchase or lease, in
order to evaluate the performance, reliability, or
condition of the vehicle. The term "permitted user" also
includes a person who, with the permission of the new
vehicle dealer, drives a vehicle owned or held for sale or
lease by the new vehicle dealer for loaner purposes while
the user's vehicle is being repaired or evaluated.
As used in this paragraph 6, "test driving" occurs
when a permitted user who, with the permission of the new
vehicle dealer or an employee of the new vehicle dealer,
drives a vehicle owned and held for sale or lease by a new
vehicle dealer that the person is considering to purchase
or lease, in order to evaluate the performance,
reliability, or condition of the vehicle.
As used in this paragraph 6, "loaner purposes" means
when a person who, with the permission of the new vehicle
dealer, drives a vehicle owned or held for sale or lease by
the new vehicle dealer while the user's vehicle is being
repaired or evaluated.
7. (A) An application for a new motor vehicle dealer's

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license shall be accompanied by the following license
fees:
(i) $1,000 for applicant's established place of
business, and $100 for each additional place of
business, if any, to which the application pertains;
but if the application is made after June 15 of any
year, the license fee shall be $500 for applicant's
established place of business plus $50 for each
additional place of business, if any, to which the
application pertains. License fees shall be returnable
only in the event that the application is denied by the
Secretary of State. All moneys received by the
Secretary of State as license fees under this
subparagraph (i) prior to applications for the 2004
licensing year shall be deposited into the Motor
Vehicle Review Board Fund and shall be used to
administer the Motor Vehicle Review Board under the
Motor Vehicle Franchise Act. Of the money received by
the Secretary of State as license fees under this
subparagraph (i) for the 2004 licensing year and
thereafter, 10% shall be deposited into the Motor
Vehicle Review Board Fund and shall be used to
administer the Motor Vehicle Review Board under the
Motor Vehicle Franchise Act and 90% shall be deposited
into the General Revenue Fund.
(ii) Except for dealers selling 25 or fewer

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automobiles or as provided in subsection (h) of
Section 5-102.7 of this Code, an Annual Dealer
Recovery Fund Fee in the amount of $500 for the
applicant's established place of business, and $50 for
each additional place of business, if any, to which
the application pertains; but if the application is
made after June 15 of any year, the fee shall be $250
for the applicant's established place of business plus
$25 for each additional place of business, if any, to
which the application pertains. For a license renewal
application, the fee shall be based on the amount of
automobiles sold in the past year according to the
following formula:
(1) $0 for dealers selling 25 or less
automobiles;
(2) $150 for dealers selling more than 25 but
less than 200 automobiles;
(3) $300 for dealers selling 200 or more
automobiles but less than 300 automobiles; and
(4) $500 for dealers selling 300 or more
automobiles.
License fees shall be returnable only in the event
that the application is denied by the Secretary of
State. Moneys received under this subparagraph (ii)
shall be deposited into the Dealer Recovery Trust
Fund.

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(B) An application for a new vehicle dealer's license,
other than for a new motor vehicle dealer's license, shall
be accompanied by the following license fees:
(i) $1,000 for applicant's established place of
business, and $50 for each additional place of
business, if any, to which the application pertains;
but if the application is made after June 15 of any
year, the license fee shall be $500 for applicant's
established place of business plus $25 for each
additional place of business, if any, to which the
application pertains. License fees shall be returnable
only in the event that the application is denied by the
Secretary of State. Of the money received by the
Secretary of State as license fees under this
subparagraph (i) for the 2004 licensing year and
thereafter, 95% shall be deposited into the General
Revenue Fund.
(ii) Except as provided in subsection (h) of
Section 5-102.7 of this Code, an Annual Dealer
Recovery Fund Fee in the amount of $500 for the
applicant's established place of business, and $50 for
each additional place of business, if any, to which
the application pertains; but if the application is
made after June 15 of any year, the fee shall be $250
for the applicant's established place of business plus
$25 for each additional place of business, if any, to

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which the application pertains. License fees shall be
returnable only in the event that the application is
denied by the Secretary of State. Moneys received
under this subparagraph (ii) shall be deposited into
the Dealer Recovery Trust Fund.
8. A statement that the applicant's officers,
directors, shareholders having a 10% or greater ownership
interest therein, proprietor, a partner, member, officer,
director, trustee, manager or other principals in the
business have not committed in the past 3 years any one
violation as determined in any civil, criminal or
administrative proceedings of any one of the following
Acts:
(A) The Anti-Theft Laws of the Illinois Vehicle
Code;
(B) The Certificate of Title Laws of the Illinois
Vehicle Code;
(C) The Offenses against Registration and
Certificates of Title Laws of the Illinois Vehicle
Code;
(D) The Dealers, Transporters, Wreckers and
Rebuilders Laws of the Illinois Vehicle Code;
(E) Section 21-2 of the Criminal Code of 1961 or
the Criminal Code of 2012, Criminal Trespass to
Vehicles; or
(F) The Retailers' Occupation Tax Act.

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9. A statement that the applicant's officers,
directors, shareholders having a 10% or greater ownership
interest therein, proprietor, partner, member, officer,
director, trustee, manager or other principals in the
business have not committed in any calendar year 3 or more
violations, as determined in any civil, criminal or
administrative proceedings, of any one or more of the
following Acts:
(A) The Consumer Finance Act;
(B) The Consumer Installment Loan Act;
(C) The Retail Installment Sales Act;
(D) The Motor Vehicle Retail Installment Sales
Act;
(E) The Interest Act;
(F) The Illinois Wage Assignment Act;
(G) Part 8 of Article XII of the Code of Civil
Procedure; or
(H) The Consumer Fraud Act.
9.5. A statement that, within 10 years of application,
each officer, director, shareholder having a 10% or
greater ownership interest therein, proprietor, partner,
member, officer, director, trustee, manager, or other
principal in the business of the applicant has not
committed, as determined in any civil, criminal, or
administrative proceeding, in any calendar year one or
more forcible felonies under the Criminal Code of 1961 or

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the Criminal Code of 2012, or a violation of either or both
Article 16 or 17 of the Criminal Code of 1961 or a
violation of either or both Article 16 or 17 of the
Criminal Code of 2012, Article 29B of the Criminal Code of
1961 or the Criminal Code of 2012, or a similar
out-of-state offense. For the purposes of this paragraph,
"forcible felony" has the meaning provided in Section 2-8
of the Criminal Code of 2012.
10. A bond or certificate of deposit in the amount of
$50,000 for each location at which the applicant intends
to act as a new vehicle dealer. The bond shall be for the
term of the license, or its renewal, for which application
is made, and shall expire not sooner than December 31 of
the year for which the license was issued or renewed. The
bond shall run to the People of the State of Illinois, with
surety by a bonding or insurance company authorized to do
business in this State. It shall be conditioned upon the
proper transmittal of all title and registration fees and
taxes (excluding taxes under the Retailers' Occupation Tax
Act) accepted by the applicant as a new vehicle dealer.
11. Such other information concerning the business of
the applicant as the Secretary of State may by rule or
regulation prescribe.
12. A statement that the applicant understands Chapter
1 through Chapter 5 of this Code.
13. The full name, address, and contact information of

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each of the dealer's agents or legal representatives who
is an Illinois resident and liable for the performance of
the dealership.
(c) Any change which renders no longer accurate any
information contained in any application for a new vehicle
dealer's license shall be amended within 30 days after the
occurrence of such change on such form as the Secretary of
State may prescribe by rule or regulation, accompanied by an
amendatory fee of $2.
(d) Anything in this Chapter 5 to the contrary
notwithstanding no person shall be licensed as a new vehicle
dealer unless:
1. He is authorized by contract in writing between
himself and the manufacturer or franchised distributor of
such make of vehicle to so sell the same in this State, and
2. Such person shall maintain an established place of
business as defined in this Act.
(e) The Secretary of State shall, within a reasonable time
after receipt, examine an application submitted to him under
this Section and unless he makes a determination that the
application submitted to him does not conform with the
requirements of this Section or that grounds exist for a
denial of the application, under Section 5-501 of this
Chapter, grant the applicant an original new vehicle dealer's
license in writing for his established place of business and a
supplemental license in writing for each additional place of

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business in such form as he may prescribe by rule or regulation
which shall include the following:
1. The name of the person licensed;
2. If a corporation, the name and address of its
officers or if a sole proprietorship, a partnership, an
unincorporated association or any similar form of business
organization, the name and address of the proprietor or of
each partner, member, officer, director, trustee or
manager;
3. In the case of an original license, the established
place of business of the licensee;
4. In the case of a supplemental license, the
established place of business of the licensee and the
additional place of business to which such supplemental
license pertains;
5. The make or makes of new vehicles which the
licensee is licensed to sell;
6. The full name, address, and contact information of
each of the dealer's agents or legal representatives who
is an Illinois resident and liable for the performance of
the dealership.
(f) The appropriate instrument evidencing the license or a
certified copy thereof, provided by the Secretary of State,
shall be kept posted conspicuously in the established place of
business of the licensee and in each additional place of
business, if any, maintained by such licensee.

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(g) Except as provided in subsection (h) hereof, all new
vehicle dealer's licenses granted under this Section shall
expire by operation of law on December 31 of the calendar year
for which they are granted unless sooner revoked or cancelled
under the provisions of Section 5-501 of this Chapter.
(h) A new vehicle dealer's license may be renewed upon
application and payment of the fee required herein, and
submission of proof of coverage under an approved bond under
the Retailers' Occupation Tax Act or proof that applicant is
not subject to such bonding requirements, as in the case of an
original license, but in case an application for the renewal
of an effective license is made during the month of December,
the effective license shall remain in force until the
application is granted or denied by the Secretary of State.
(i) All persons licensed as a new vehicle dealer are
required to furnish each purchaser of a motor vehicle:
1. In the case of a new vehicle a manufacturer's
statement of origin and in the case of a used motor vehicle
a certificate of title, in either case properly assigned
to the purchaser;
2. A statement verified under oath that all
identifying numbers on the vehicle agree with those on the
certificate of title or manufacturer's statement of
origin;
3. A bill of sale properly executed on behalf of such
person;

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4. A copy of the Uniform Invoice-transaction reporting
return referred to in Section 5-402 hereof;
5. In the case of a rebuilt vehicle, a copy of the
Disclosure of Rebuilt Vehicle Status; and
6. In the case of a vehicle for which the warranty has
been reinstated, a copy of the warranty.
(j) Except at the time of sale or repossession of the
vehicle, no person licensed as a new vehicle dealer may issue
any other person a newly created key to a vehicle unless the
new vehicle dealer makes a color photocopy or electronic scan
of the driver's license or State identification card of the
person requesting or obtaining the newly created key. The new
vehicle dealer must retain the photocopy or scan for 30 days.
A new vehicle dealer who violates this subsection (j) is
guilty of a petty offense. Violation of this subsection (j) is
not cause to suspend, revoke, cancel, or deny renewal of the
new vehicle dealer's license.
This amendatory Act of 1983 shall be applicable to the
1984 registration year and thereafter.
(k) If a licensee under this Section voluntarily
surrenders a license to the Illinois Secretary of State Police
or a representative of the Secretary of State Vehicle Services
Department due to the licensee's inability to adhere to
recordkeeping provisions, or the inability to properly issue
certificates of title or registrations under this Code, or the
Secretary revokes a license under this Section, then the

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licensee and the licensee's agent, designee, or legal
representative, if applicable, may not be named on a new
application for a licensee under this Section or under this
Chapter, nor is the licensee or the licensee's agent,
designee, or legal representative permitted to work for
another licensee under this Chapter in a recordkeeping,
management, or financial position or as an employee who
handles certificate of title and registration documents and
applications.
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 5-101. New vehicle dealers must be licensed.
(a) No person shall engage in this State in the business of
selling or dealing in, on consignment or otherwise, new
vehicles of any make, or act as an intermediary or agent or
broker for any licensed dealer or vehicle purchaser other than
as a salesperson, or represent or advertise that he is so
engaged or intends to so engage in such business unless
licensed to do so in writing by the Secretary of State under
the provisions of this Section.
(b) An application for a new vehicle dealer's license
shall be filed with the Secretary of State, duly verified by
oath, on such form as the Secretary of State may by rule or
regulation prescribe and shall contain:
1. The name and type of business organization of the

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applicant and his established and additional places of
business, if any, in this State.
2. If the applicant is a corporation, a list of its
officers, directors, and shareholders having a ten percent
or greater ownership interest in the corporation, setting
forth the residence address of each; if the applicant is a
sole proprietorship, a partnership, an unincorporated
association, a trust, or any similar form of business
organization, the name and residence address of the
proprietor or of each partner, member, officer, director,
trustee, or manager.
3. The make or makes of new vehicles which the
applicant will offer for sale at retail in this State.
4. The name of each manufacturer or franchised
distributor, if any, of new vehicles with whom the
applicant has contracted for the sale of such new
vehicles. As evidence of this fact, the application shall
be accompanied by a signed statement from each such
manufacturer or franchised distributor. If the applicant
is in the business of offering for sale new conversion
vehicles, trucks or vans, except for trucks modified to
serve a special purpose which includes but is not limited
to the following vehicles: street sweepers, fertilizer
spreaders, emergency vehicles, implements of husbandry or
maintenance type vehicles, he must furnish evidence of a
sales and service agreement from both the chassis

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manufacturer and second stage manufacturer.
5. A statement that the applicant has been approved
for registration under the Retailers' Occupation Tax Act
by the Department of Revenue: Provided that this
requirement does not apply to a dealer who is already
licensed hereunder with the Secretary of State, and who is
merely applying for a renewal of his license. As evidence
of this fact, the application shall be accompanied by a
certification from the Department of Revenue showing that
that Department has approved the applicant for
registration under the Retailers' Occupation Tax Act.
6. A statement that the applicant has complied with
the appropriate liability insurance requirement. A
Certificate of Insurance in a solvent company authorized
to do business in the State of Illinois shall be included
with each application covering each location at which he
proposes to act as a new vehicle dealer. The policy must
provide liability coverage in the minimum amounts of
$100,000 for bodily injury to, or death of, any person,
$300,000 for bodily injury to, or death of, two or more
persons in any one crash, and $50,000 for damage to
property. Such policy shall expire not sooner than
December 31 of the year for which the license was issued or
renewed. The expiration of the insurance policy shall not
terminate the liability under the policy arising during
the period for which the policy was filed. Trailer and

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mobile home dealers are exempt from this requirement.
If the permitted user has a liability insurance policy
that provides automobile liability insurance coverage of
at least $100,000 for bodily injury to or the death of any
person, $300,000 for bodily injury to or the death of any 2
or more persons in any one crash, and $50,000 for damage to
property, then the permitted user's insurer shall be the
primary insurer and the dealer's insurer shall be the
secondary insurer. If the permitted user does not have a
liability insurance policy that provides automobile
liability insurance coverage of at least $100,000 for
bodily injury to or the death of any person, $300,000 for
bodily injury to or the death of any 2 or more persons in
any one crash, and $50,000 for damage to property, or does
not have any insurance at all, then the dealer's insurer
shall be the primary insurer and the permitted user's
insurer shall be the secondary insurer.
When a permitted user is "test driving" a new vehicle
dealer's automobile, the new vehicle dealer's insurance
shall be primary and the permitted user's insurance shall
be secondary.
As used in this paragraph 6, a "permitted user" is a
person who, with the permission of the new vehicle dealer
or an employee of the new vehicle dealer, drives a vehicle
owned and held for sale or lease by the new vehicle dealer
which the person is considering to purchase or lease, in

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order to evaluate the performance, reliability, or
condition of the vehicle. The term "permitted user" also
includes a person who, with the permission of the new
vehicle dealer, drives a vehicle owned or held for sale or
lease by the new vehicle dealer for loaner purposes while
the user's vehicle is being repaired or evaluated.
As used in this paragraph 6, "test driving" occurs
when a permitted user who, with the permission of the new
vehicle dealer or an employee of the new vehicle dealer,
drives a vehicle owned and held for sale or lease by a new
vehicle dealer that the person is considering to purchase
or lease, in order to evaluate the performance,
reliability, or condition of the vehicle.
As used in this paragraph 6, "loaner purposes" means
when a person who, with the permission of the new vehicle
dealer, drives a vehicle owned or held for sale or lease by
the new vehicle dealer while the user's vehicle is being
repaired or evaluated.
7. (A) An application for a new motor vehicle dealer's
license shall be accompanied by the following license
fees:
(i) $1,000 for applicant's established place of
business, and $100 for each additional place of
business, if any, to which the application pertains;
but if the application is made after June 15 of any
year, the license fee shall be $500 for applicant's

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established place of business plus $50 for each
additional place of business, if any, to which the
application pertains. License fees shall be returnable
only in the event that the application is denied by the
Secretary of State. All moneys received by the
Secretary of State as license fees under this
subparagraph (i) prior to applications for the 2004
licensing year shall be deposited into the Motor
Vehicle Review Board Fund and shall be used to
administer the Motor Vehicle Review Board under the
Motor Vehicle Franchise Act. Of the money received by
the Secretary of State as license fees under this
subparagraph (i) for the 2004 licensing year and
thereafter, 10% shall be deposited into the Motor
Vehicle Review Board Fund and shall be used to
administer the Motor Vehicle Review Board under the
Motor Vehicle Franchise Act and 90% shall be deposited
into the General Revenue Fund.
(ii) Except for dealers selling 25 or fewer
automobiles or as provided in subsection (h) of
Section 5-102.7 of this Code, an Annual Dealer
Recovery Fund Fee in the amount of $500 for the
applicant's established place of business, and $50 for
each additional place of business, if any, to which
the application pertains; but if the application is
made after June 15 of any year, the fee shall be $250

HB3575 - 170 - LRB103 29826 RLC 56234 b
for the applicant's established place of business plus
$25 for each additional place of business, if any, to
which the application pertains. For a license renewal
application, the fee shall be based on the amount of
automobiles sold in the past year according to the
following formula:
(1) $0 for dealers selling 25 or less
automobiles;
(2) $150 for dealers selling more than 25 but
less than 200 automobiles;
(3) $300 for dealers selling 200 or more
automobiles but less than 300 automobiles; and
(4) $500 for dealers selling 300 or more
automobiles.
License fees shall be returnable only in the event
that the application is denied by the Secretary of
State. Moneys received under this subparagraph (ii)
shall be deposited into the Dealer Recovery Trust
Fund.
(B) An application for a new vehicle dealer's license,
other than for a new motor vehicle dealer's license, shall
be accompanied by the following license fees:
(i) $1,000 for applicant's established place of
business, and $50 for each additional place of
business, if any, to which the application pertains;
but if the application is made after June 15 of any

HB3575 - 171 - LRB103 29826 RLC 56234 b
year, the license fee shall be $500 for applicant's
established place of business plus $25 for each
additional place of business, if any, to which the
application pertains. License fees shall be returnable
only in the event that the application is denied by the
Secretary of State. Of the money received by the
Secretary of State as license fees under this
subparagraph (i) for the 2004 licensing year and
thereafter, 95% shall be deposited into the General
Revenue Fund.
(ii) Except as provided in subsection (h) of
Section 5-102.7 of this Code, an Annual Dealer
Recovery Fund Fee in the amount of $500 for the
applicant's established place of business, and $50 for
each additional place of business, if any, to which
the application pertains; but if the application is
made after June 15 of any year, the fee shall be $250
for the applicant's established place of business plus
$25 for each additional place of business, if any, to
which the application pertains. License fees shall be
returnable only in the event that the application is
denied by the Secretary of State. Moneys received
under this subparagraph (ii) shall be deposited into
the Dealer Recovery Trust Fund.
8. A statement that the applicant's officers,
directors, shareholders having a 10% or greater ownership

HB3575 - 172 - LRB103 29826 RLC 56234 b
interest therein, proprietor, a partner, member, officer,
director, trustee, manager or other principals in the
business have not committed in the past 3 years any one
violation as determined in any civil, criminal or
administrative proceedings of any one of the following
Acts:
(A) The Anti-Theft Laws of the Illinois Vehicle
Code;
(B) The Certificate of Title Laws of the Illinois
Vehicle Code;
(C) The Offenses against Registration and
Certificates of Title Laws of the Illinois Vehicle
Code;
(D) The Dealers, Transporters, Wreckers and
Rebuilders Laws of the Illinois Vehicle Code;
(E) Section 21-2 of the Criminal Code of 1961 or
the Criminal Code of 2012, Criminal Trespass to
Vehicles; or
(F) The Retailers' Occupation Tax Act.
9. A statement that the applicant's officers,
directors, shareholders having a 10% or greater ownership
interest therein, proprietor, partner, member, officer,
director, trustee, manager or other principals in the
business have not committed in any calendar year 3 or more
violations, as determined in any civil, criminal or
administrative proceedings, of any one or more of the

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following Acts:
(A) The Consumer Finance Act;
(B) The Consumer Installment Loan Act;
(C) The Retail Installment Sales Act;
(D) The Motor Vehicle Retail Installment Sales
Act;
(E) The Interest Act;
(F) The Illinois Wage Assignment Act;
(G) Part 8 of Article XII of the Code of Civil
Procedure; or
(H) The Consumer Fraud Act.
9.5. A statement that, within 10 years of application,
each officer, director, shareholder having a 10% or
greater ownership interest therein, proprietor, partner,
member, officer, director, trustee, manager, or other
principal in the business of the applicant has not
committed, as determined in any civil, criminal, or
administrative proceeding, in any calendar year one or
more forcible felonies under the Criminal Code of 1961 or
the Criminal Code of 2012, or a violation of either or both
Article 16 or 17 of the Criminal Code of 1961 or a
violation of either or both Article 16 or 17 of the
Criminal Code of 2012, Article 29B of the Criminal Code of
1961 or the Criminal Code of 2012, or a similar
out-of-state offense. For the purposes of this paragraph,
"forcible felony" has the meaning provided in Section 2-8

HB3575 - 174 - LRB103 29826 RLC 56234 b
of the Criminal Code of 2012.
10. A bond or certificate of deposit in the amount of
$50,000 for each location at which the applicant intends
to act as a new vehicle dealer. The bond shall be for the
term of the license, or its renewal, for which application
is made, and shall expire not sooner than December 31 of
the year for which the license was issued or renewed. The
bond shall run to the People of the State of Illinois, with
surety by a bonding or insurance company authorized to do
business in this State. It shall be conditioned upon the
proper transmittal of all title and registration fees and
taxes (excluding taxes under the Retailers' Occupation Tax
Act) accepted by the applicant as a new vehicle dealer.
11. Such other information concerning the business of
the applicant as the Secretary of State may by rule or
regulation prescribe.
12. A statement that the applicant understands Chapter
1 through Chapter 5 of this Code.
13. The full name, address, and contact information of
each of the dealer's agents or legal representatives who
is an Illinois resident and liable for the performance of
the dealership.
(c) Any change which renders no longer accurate any
information contained in any application for a new vehicle
dealer's license shall be amended within 30 days after the
occurrence of such change on such form as the Secretary of

HB3575 - 175 - LRB103 29826 RLC 56234 b
State may prescribe by rule or regulation, accompanied by an
amendatory fee of $2.
(d) Anything in this Chapter 5 to the contrary
notwithstanding no person shall be licensed as a new vehicle
dealer unless:
1. He is authorized by contract in writing between
himself and the manufacturer or franchised distributor of
such make of vehicle to so sell the same in this State, and
2. Such person shall maintain an established place of
business as defined in this Act.
(e) The Secretary of State shall, within a reasonable time
after receipt, examine an application submitted to him under
this Section and unless he makes a determination that the
application submitted to him does not conform with the
requirements of this Section or that grounds exist for a
denial of the application, under Section 5-501 of this
Chapter, grant the applicant an original new vehicle dealer's
license in writing for his established place of business and a
supplemental license in writing for each additional place of
business in such form as he may prescribe by rule or regulation
which shall include the following:
1. The name of the person licensed;
2. If a corporation, the name and address of its
officers or if a sole proprietorship, a partnership, an
unincorporated association or any similar form of business
organization, the name and address of the proprietor or of

HB3575 - 176 - LRB103 29826 RLC 56234 b
each partner, member, officer, director, trustee or
manager;
3. In the case of an original license, the established
place of business of the licensee;
4. In the case of a supplemental license, the
established place of business of the licensee and the
additional place of business to which such supplemental
license pertains;
5. The make or makes of new vehicles which the
licensee is licensed to sell;
6. The full name, address, and contact information of
each of the dealer's agents or legal representatives who
is an Illinois resident and liable for the performance of
the dealership.
(f) The appropriate instrument evidencing the license or a
certified copy thereof, provided by the Secretary of State,
shall be kept posted conspicuously in the established place of
business of the licensee and in each additional place of
business, if any, maintained by such licensee.
(g) Except as provided in subsection (h) hereof, all new
vehicle dealer's licenses granted under this Section shall
expire by operation of law on December 31 of the calendar year
for which they are granted unless sooner revoked or cancelled
under the provisions of Section 5-501 of this Chapter.
(h) A new vehicle dealer's license may be renewed upon
application and payment of the fee required herein, and

HB3575 - 177 - LRB103 29826 RLC 56234 b
submission of proof of coverage under an approved bond under
the Retailers' Occupation Tax Act or proof that applicant is
not subject to such bonding requirements, as in the case of an
original license, but in case an application for the renewal
of an effective license is made during the month of December,
the effective license shall remain in force until the
application is granted or denied by the Secretary of State.
(i) All persons licensed as a new vehicle dealer are
required to furnish each purchaser of a motor vehicle:
1. In the case of a new vehicle a manufacturer's
statement of origin and in the case of a used motor vehicle
a certificate of title, in either case properly assigned
to the purchaser;
2. A statement verified under oath that all
identifying numbers on the vehicle agree with those on the
certificate of title or manufacturer's statement of
origin;
3. A bill of sale properly executed on behalf of such
person;
4. A copy of the Uniform Invoice-transaction reporting
return referred to in Section 5-402 hereof;
5. In the case of a rebuilt vehicle, a copy of the
Disclosure of Rebuilt Vehicle Status; and
6. In the case of a vehicle for which the warranty has
been reinstated, a copy of the warranty.
(j) Except at the time of sale or repossession of the

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vehicle, no person licensed as a new vehicle dealer may issue
any other person a newly created key to a vehicle unless the
new vehicle dealer makes a color photocopy or electronic scan
of the driver's license or State identification card of the
person requesting or obtaining the newly created key. The new
vehicle dealer must retain the photocopy or scan for 30 days.
A new vehicle dealer who violates this subsection (j) is
guilty of a petty offense. Violation of this subsection (j) is
not cause to suspend, revoke, cancel, or deny renewal of the
new vehicle dealer's license.
This amendatory Act of 1983 shall be applicable to the
1984 registration year and thereafter.
(k) If a licensee under this Section voluntarily
surrenders a license to the Illinois Secretary of State Police
or a representative of the Secretary of State Vehicle Services
Department due to the licensee's inability to adhere to
recordkeeping provisions, or the inability to properly issue
certificates of title or registrations under this Code, or the
Secretary revokes a license under this Section, then the
licensee and the licensee's agent, designee, or legal
representative, if applicable, may not be named on a new
application for a licensee under this Section or under this
Chapter, nor is the licensee or the licensee's agent,
designee, or legal representative permitted to work for
another licensee under this Chapter in a recordkeeping,
management, or financial position or as an employee who

HB3575 - 179 - LRB103 29826 RLC 56234 b
handles certificate of title and registration documents and
applications.
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22;
102-982, eff. 7-1-23.)
(625 ILCS 5/5-101.1)
(Text of Section before amendment by P.A. 102-982)
Sec. 5-101.1. Motor vehicle financing affiliates;
licensing.
(a) In this State, no business shall engage in the
business of a motor vehicle financing affiliate without a
license to do so in writing from the Secretary of State.
(b) An application for a motor vehicle financing
affiliate's license must be filed with the Secretary of State,
duly verified by oath, on a form prescribed by the Secretary of
State and shall contain all of the following:
(1) The name and type of business organization of the
applicant and the applicant's established place of
business and any additional places of business in this
State.
(2) The name and address of the licensed new or used
vehicle dealer to which the applicant will be selling,
transferring, or assigning new or used motor vehicles
pursuant to a written contract. If more than one dealer is
on the application, the applicant shall state in writing
the basis of common ownership among the dealers.

HB3575 - 180 - LRB103 29826 RLC 56234 b
(3) A list of the business organization's officers,
directors, members, and shareholders having a 10% or
greater ownership interest in the business, providing the
residential address for each person listed.
(4) If selling, transferring, or assigning new motor
vehicles, the make or makes of new vehicles that it will
sell, assign, or otherwise transfer to the contracting new
motor vehicle dealer listed on the application pursuant to
paragraph (2).
(5) The name of each manufacturer or franchised
distributor, if any, of new vehicles with whom the
applicant has contracted for the sale of new vehicles and
a signed statement from each manufacturer or franchised
distributor acknowledging the contract.
(6) A statement that the applicant has been approved
for registration under the Retailers' Occupation Tax Act
by the Department of Revenue. This requirement does not
apply to a motor vehicle financing affiliate that is
already licensed with the Secretary of State and is
applying for a renewal of its license.
(7) A statement that the applicant has complied with
the appropriate liability insurance requirement and a
Certificate of Insurance that shall not expire before
December 31 of the year for which the license was issued or
renewed with a minimum liability coverage of $100,000 for
the bodily injury or death of any person, $300,000 for the

HB3575 - 181 - LRB103 29826 RLC 56234 b
bodily injury or death of 2 or more persons in any one
accident, and $50,000 for damage to property. The
expiration of the insurance policy shall not terminate the
liability under the policy arising during the period for
which the policy was filed. Trailer and mobile home
dealers are exempt from the requirements of this
paragraph. A motor vehicle financing affiliate is exempt
from the requirements of this paragraph if it is covered
by the insurance policy of the new or used dealer listed on
the application pursuant to paragraph (2).
(8) A license fee of $1,000 for the applicant's
established place of business and $250 for each additional
place of business, if any, to which the application
pertains. However, if the application is made after June
15 of any year, the license fee shall be $500 for the
applicant's established place of business and $125 for
each additional place of business, if any, to which the
application pertains. These license fees shall be
returnable only in the event that the application is
denied by the Secretary of State.
(9) A statement incorporating the requirements of
paragraphs 8 and 9 of subsection (b) of Section 5-101.
(10) Any other information concerning the business of
the applicant as the Secretary of State may prescribe.
(11) A statement that the applicant understands
Chapter 1 through Chapter 5 of this Code.

HB3575 - 182 - LRB103 29826 RLC 56234 b
(12) The full name, address, and contact information
of each of the dealer's agents or legal representatives
who is an Illinois resident and liable for the performance
of the dealership.
(c) Any change which renders no longer accurate any
information contained in any application for a motor vehicle
financing affiliate's license shall be amended within 30 days
after the occurrence of the change on a form prescribed by the
Secretary of State, accompanied by an amendatory fee of $2.
(d) If a new vehicle dealer is not listed on the
application, pursuant to paragraph (2) of subsection (b), the
motor vehicle financing affiliate shall not receive, possess,
or transfer any new vehicle. If a new motor vehicle dealer is
listed on the application, pursuant to paragraph (2) of
subsection (b), the new motor vehicle dealer can only receive
those new cars it is permitted to receive under its franchise
agreement. If both a new and used motor vehicle dealer are
listed on the application, pursuant to paragraph (2) of
subsection (b), only the new motor vehicle dealer may receive
new motor vehicles. If a used motor vehicle is listed on the
application, pursuant to paragraph (2) of subsection (b), the
used motor vehicle dealer shall not receive any new motor
vehicles.
(e) The applicant and dealer provided pursuant to
paragraph (2) of subsection (b) must be business organizations
registered to conduct business in Illinois. Three-fourths of

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the dealer's board of directors must be members of the motor
vehicle financing affiliate's board of directors, if
applicable.
(f) Unless otherwise provided in this Chapter 5, no
business organization registered to do business in Illinois
shall be licensed as a motor vehicle financing affiliate
unless:
(1) The motor vehicle financing affiliate shall only
sell, transfer, or assign motor vehicles to the licensed
new or used dealer listed on the application pursuant to
paragraph (2) of subsection (b).
(2) The motor vehicle financing affiliate sells,
transfers, or assigns to the new motor vehicle dealer
listed on the application, if any, only those new motor
vehicles the motor vehicle financing affiliate has
received under the contract set forth in paragraph (5) of
subsection (b).
(3) Any new vehicle dealer listed pursuant to
paragraph (2) of subsection (b) has a franchise agreement
that permits the dealer to receive motor vehicles from the
motor vehicle franchise affiliate.
(4) The new or used motor vehicle dealer listed on the
application pursuant to paragraph (2) of subsection (b)
has one established place of business or supplemental
places of business as referenced in subsection (g).
(g) The Secretary of State shall, within a reasonable time

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after receipt, examine an application submitted pursuant to
this Section and, unless it is determined that the application
does not conform with the requirements of this Section or that
grounds exist for a denial of the application under Section
5-501, grant the applicant a motor vehicle financing affiliate
license in writing for the applicant's established place of
business and a supplemental license in writing for each
additional place of business in a form prescribed by the
Secretary, which shall include all of the following:
(1) The name of the business licensed;
(2) The name and address of its officers, directors,
or members, as applicable;
(3) In the case of an original license, the
established place of business of the licensee;
(4) If applicable, the make or makes of new vehicles
which the licensee is licensed to sell to the new motor
vehicle dealer listed on the application pursuant to
paragraph (2) of subsection (b); and
(5) The full name, address, and contact information of
each of the dealer's agents or legal representatives who
is an Illinois resident and liable for the performance of
the dealership.
(h) The appropriate instrument evidencing the license or a
certified copy, provided by the Secretary of State, shall be
kept posted conspicuously in the established place of business
of the licensee.

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(i) Except as provided in subsection (h), all motor
vehicle financing affiliate's licenses granted under this
Section shall expire expired by operation of law on December
31 of the calendar year for which they are granted, unless
revoked or canceled at an earlier date pursuant to Section
5-501.
(j) A motor vehicle financing affiliate's license may be
renewed upon application and payment of the required fee.
However, when an application for renewal of a motor vehicle
financing affiliate's license is made during the month of
December, the effective license shall remain in force until
the application is granted or denied by the Secretary of
State.
(k) The contract a motor vehicle financing affiliate has
with a manufacturer or franchised distributor, as provided in
paragraph (5) of subsection (b), shall only permit the
applicant to sell, transfer, or assign new motor vehicles to
the new motor vehicle dealer listed on the application
pursuant to paragraph (2) of subsection (b). The contract
shall specifically prohibit the motor vehicle financing
affiliate from selling motor vehicles at retail. This contract
shall not be considered the granting of a franchise as defined
in Section 2 of the Motor Vehicle Franchise Act.
(l) When purchasing of a motor vehicle by a new or used
motor vehicle dealer, all persons licensed as a motor vehicle
financing affiliate are required to furnish all of the

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following:
(1) For a new vehicle, a manufacturer's statement of
origin properly assigned to the purchasing dealer. For a
used vehicle, a certificate of title properly assigned to
the purchasing dealer.
(2) A statement verified under oath that all
identifying numbers on the vehicle agree with those on the
certificate of title or manufacturer's statement of
origin.
(3) A bill of sale properly executed on behalf of the
purchasing dealer.
(4) A copy of the Uniform Invoice-transaction report
pursuant to Section 5-402.
(5) In the case of a rebuilt vehicle, a copy of the
Disclosure of Rebuilt Vehicle Status pursuant to Section
5-104.3.
(6) In the case of a vehicle for which a warranty has
been reinstated, a copy of the warranty.
(m) The motor vehicle financing affiliate shall use the
established and supplemental place or places of business the
new or used vehicle dealer listed on the application pursuant
to paragraph (2) of subsection (b) as its established and
supplemental place or places of business.
(n) The motor vehicle financing affiliate shall keep all
books and records required by this Code with the books and
records of the new or used vehicle dealer listed on the

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application pursuant to paragraph (2) of subsection (b). The
motor vehicle financing affiliate may use the books and
records of the new or used motor vehicle dealer listed on the
application pursuant to paragraph (2) of subsection (b).
(o) Under no circumstances shall a motor vehicle financing
affiliate sell, transfer, or assign a new vehicle to any place
of business of a new motor vehicle dealer, unless that place of
business is licensed under this Chapter to sell, assign, or
otherwise transfer the make of the new motor vehicle
transferred.
(p) All moneys received by the Secretary of State as
license fees under this Section shall be deposited into the
Motor Vehicle Review Board Fund and shall be used to
administer the Motor Vehicle Review Board under the Motor
Vehicle Franchise Act.
(q) Except as otherwise provided in this Section, a motor
vehicle financing affiliate shall comply with all provisions
of this Code.
(r) If a licensee under this Section voluntarily
surrenders a license to the Illinois Secretary of State Police
or a representative of the Secretary of State Vehicle Services
Department due to the licensee's inability to adhere to
recordkeeping provisions, or the inability to properly issue
certificates of title or registrations under this Code, or the
Secretary revokes a license under this Section, then the
licensee and the licensee's agent, designee, or legal

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representative, if applicable, may not be named on a new
application for a licensee under this Section or under this
Chapter, nor is the licensee or the licensee's agent,
designee, or legal representative permitted to work for
another licensee under this Chapter in a recordkeeping,
management, or financial position or as an employee who
handles certificate of title and registration documents and
applications.
(Source: P.A. 102-154, eff. 1-1-22; revised 8-22-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 5-101.1. Motor vehicle financing affiliates;
licensing.
(a) In this State, no business shall engage in the
business of a motor vehicle financing affiliate without a
license to do so in writing from the Secretary of State.
(b) An application for a motor vehicle financing
affiliate's license must be filed with the Secretary of State,
duly verified by oath, on a form prescribed by the Secretary of
State and shall contain all of the following:
(1) The name and type of business organization of the
applicant and the applicant's established place of
business and any additional places of business in this
State.
(2) The name and address of the licensed new or used
vehicle dealer to which the applicant will be selling,

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transferring, or assigning new or used motor vehicles
pursuant to a written contract. If more than one dealer is
on the application, the applicant shall state in writing
the basis of common ownership among the dealers.
(3) A list of the business organization's officers,
directors, members, and shareholders having a 10% or
greater ownership interest in the business, providing the
residential address for each person listed.
(4) If selling, transferring, or assigning new motor
vehicles, the make or makes of new vehicles that it will
sell, assign, or otherwise transfer to the contracting new
motor vehicle dealer listed on the application pursuant to
paragraph (2).
(5) The name of each manufacturer or franchised
distributor, if any, of new vehicles with whom the
applicant has contracted for the sale of new vehicles and
a signed statement from each manufacturer or franchised
distributor acknowledging the contract.
(6) A statement that the applicant has been approved
for registration under the Retailers' Occupation Tax Act
by the Department of Revenue. This requirement does not
apply to a motor vehicle financing affiliate that is
already licensed with the Secretary of State and is
applying for a renewal of its license.
(7) A statement that the applicant has complied with
the appropriate liability insurance requirement and a

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Certificate of Insurance that shall not expire before
December 31 of the year for which the license was issued or
renewed with a minimum liability coverage of $100,000 for
the bodily injury or death of any person, $300,000 for the
bodily injury or death of 2 or more persons in any one
crash, and $50,000 for damage to property. The expiration
of the insurance policy shall not terminate the liability
under the policy arising during the period for which the
policy was filed. Trailer and mobile home dealers are
exempt from the requirements of this paragraph. A motor
vehicle financing affiliate is exempt from the
requirements of this paragraph if it is covered by the
insurance policy of the new or used dealer listed on the
application pursuant to paragraph (2).
(8) A license fee of $1,000 for the applicant's
established place of business and $250 for each additional
place of business, if any, to which the application
pertains. However, if the application is made after June
15 of any year, the license fee shall be $500 for the
applicant's established place of business and $125 for
each additional place of business, if any, to which the
application pertains. These license fees shall be
returnable only in the event that the application is
denied by the Secretary of State.
(9) A statement incorporating the requirements of
paragraphs 8 and 9 of subsection (b) of Section 5-101.

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(10) Any other information concerning the business of
the applicant as the Secretary of State may prescribe.
(11) A statement that the applicant understands
Chapter 1 through Chapter 5 of this Code.
(12) The full name, address, and contact information
of each of the dealer's agents or legal representatives
who is an Illinois resident and liable for the performance
of the dealership.
(c) Any change which renders no longer accurate any
information contained in any application for a motor vehicle
financing affiliate's license shall be amended within 30 days
after the occurrence of the change on a form prescribed by the
Secretary of State, accompanied by an amendatory fee of $2.
(d) If a new vehicle dealer is not listed on the
application, pursuant to paragraph (2) of subsection (b), the
motor vehicle financing affiliate shall not receive, possess,
or transfer any new vehicle. If a new motor vehicle dealer is
listed on the application, pursuant to paragraph (2) of
subsection (b), the new motor vehicle dealer can only receive
those new cars it is permitted to receive under its franchise
agreement. If both a new and used motor vehicle dealer are
listed on the application, pursuant to paragraph (2) of
subsection (b), only the new motor vehicle dealer may receive
new motor vehicles. If a used motor vehicle is listed on the
application, pursuant to paragraph (2) of subsection (b), the
used motor vehicle dealer shall not receive any new motor

HB3575 - 192 - LRB103 29826 RLC 56234 b
vehicles.
(e) The applicant and dealer provided pursuant to
paragraph (2) of subsection (b) must be business organizations
registered to conduct business in Illinois. Three-fourths of
the dealer's board of directors must be members of the motor
vehicle financing affiliate's board of directors, if
applicable.
(f) Unless otherwise provided in this Chapter 5, no
business organization registered to do business in Illinois
shall be licensed as a motor vehicle financing affiliate
unless:
(1) The motor vehicle financing affiliate shall only
sell, transfer, or assign motor vehicles to the licensed
new or used dealer listed on the application pursuant to
paragraph (2) of subsection (b).
(2) The motor vehicle financing affiliate sells,
transfers, or assigns to the new motor vehicle dealer
listed on the application, if any, only those new motor
vehicles the motor vehicle financing affiliate has
received under the contract set forth in paragraph (5) of
subsection (b).
(3) Any new vehicle dealer listed pursuant to
paragraph (2) of subsection (b) has a franchise agreement
that permits the dealer to receive motor vehicles from the
motor vehicle franchise affiliate.
(4) The new or used motor vehicle dealer listed on the

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application pursuant to paragraph (2) of subsection (b)
has one established place of business or supplemental
places of business as referenced in subsection (g).
(g) The Secretary of State shall, within a reasonable time
after receipt, examine an application submitted pursuant to
this Section and, unless it is determined that the application
does not conform with the requirements of this Section or that
grounds exist for a denial of the application under Section
5-501, grant the applicant a motor vehicle financing affiliate
license in writing for the applicant's established place of
business and a supplemental license in writing for each
additional place of business in a form prescribed by the
Secretary, which shall include all of the following:
(1) The name of the business licensed;
(2) The name and address of its officers, directors,
or members, as applicable;
(3) In the case of an original license, the
established place of business of the licensee;
(4) If applicable, the make or makes of new vehicles
which the licensee is licensed to sell to the new motor
vehicle dealer listed on the application pursuant to
paragraph (2) of subsection (b); and
(5) The full name, address, and contact information of
each of the dealer's agents or legal representatives who
is an Illinois resident and liable for the performance of
the dealership.

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(h) The appropriate instrument evidencing the license or a
certified copy, provided by the Secretary of State, shall be
kept posted conspicuously in the established place of business
of the licensee.
(i) Except as provided in subsection (h), all motor
vehicle financing affiliate's licenses granted under this
Section shall expire expired by operation of law on December
31 of the calendar year for which they are granted, unless
revoked or canceled at an earlier date pursuant to Section
5-501.
(j) A motor vehicle financing affiliate's license may be
renewed upon application and payment of the required fee.
However, when an application for renewal of a motor vehicle
financing affiliate's license is made during the month of
December, the effective license shall remain in force until
the application is granted or denied by the Secretary of
State.
(k) The contract a motor vehicle financing affiliate has
with a manufacturer or franchised distributor, as provided in
paragraph (5) of subsection (b), shall only permit the
applicant to sell, transfer, or assign new motor vehicles to
the new motor vehicle dealer listed on the application
pursuant to paragraph (2) of subsection (b). The contract
shall specifically prohibit the motor vehicle financing
affiliate from selling motor vehicles at retail. This contract
shall not be considered the granting of a franchise as defined

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in Section 2 of the Motor Vehicle Franchise Act.
(l) When purchasing of a motor vehicle by a new or used
motor vehicle dealer, all persons licensed as a motor vehicle
financing affiliate are required to furnish all of the
following:
(1) For a new vehicle, a manufacturer's statement of
origin properly assigned to the purchasing dealer. For a
used vehicle, a certificate of title properly assigned to
the purchasing dealer.
(2) A statement verified under oath that all
identifying numbers on the vehicle agree with those on the
certificate of title or manufacturer's statement of
origin.
(3) A bill of sale properly executed on behalf of the
purchasing dealer.
(4) A copy of the Uniform Invoice-transaction report
pursuant to Section 5-402.
(5) In the case of a rebuilt vehicle, a copy of the
Disclosure of Rebuilt Vehicle Status pursuant to Section
5-104.3.
(6) In the case of a vehicle for which a warranty has
been reinstated, a copy of the warranty.
(m) The motor vehicle financing affiliate shall use the
established and supplemental place or places of business the
new or used vehicle dealer listed on the application pursuant
to paragraph (2) of subsection (b) as its established and

HB3575 - 196 - LRB103 29826 RLC 56234 b
supplemental place or places of business.
(n) The motor vehicle financing affiliate shall keep all
books and records required by this Code with the books and
records of the new or used vehicle dealer listed on the
application pursuant to paragraph (2) of subsection (b). The
motor vehicle financing affiliate may use the books and
records of the new or used motor vehicle dealer listed on the
application pursuant to paragraph (2) of subsection (b).
(o) Under no circumstances shall a motor vehicle financing
affiliate sell, transfer, or assign a new vehicle to any place
of business of a new motor vehicle dealer, unless that place of
business is licensed under this Chapter to sell, assign, or
otherwise transfer the make of the new motor vehicle
transferred.
(p) All moneys received by the Secretary of State as
license fees under this Section shall be deposited into the
Motor Vehicle Review Board Fund and shall be used to
administer the Motor Vehicle Review Board under the Motor
Vehicle Franchise Act.
(q) Except as otherwise provided in this Section, a motor
vehicle financing affiliate shall comply with all provisions
of this Code.
(r) If a licensee under this Section voluntarily
surrenders a license to the Illinois Secretary of State Police
or a representative of the Secretary of State Vehicle Services
Department due to the licensee's inability to adhere to

HB3575 - 197 - LRB103 29826 RLC 56234 b
recordkeeping provisions, or the inability to properly issue
certificates of title or registrations under this Code, or the
Secretary revokes a license under this Section, then the
licensee and the licensee's agent, designee, or legal
representative, if applicable, may not be named on a new
application for a licensee under this Section or under this
Chapter, nor is the licensee or the licensee's agent,
designee, or legal representative permitted to work for
another licensee under this Chapter in a recordkeeping,
management, or financial position or as an employee who
handles certificate of title and registration documents and
applications.
(Source: P.A. 102-154, eff. 1-1-22; 102-982, eff. 7-1-23;
revised 8-22-22.)
(625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
(Text of Section before amendment by P.A. 102-982)
Sec. 5-102. Used vehicle dealers must be licensed.
(a) No person, other than a licensed new vehicle dealer,
shall engage in the business of selling or dealing in, on
consignment or otherwise, 5 or more used vehicles of any make
during the year (except house trailers as authorized by
paragraph (j) of this Section and rebuilt salvage vehicles
sold by their rebuilders to persons licensed under this
Chapter), or act as an intermediary, agent or broker for any
licensed dealer or vehicle purchaser (other than as a

HB3575 - 198 - LRB103 29826 RLC 56234 b
salesperson) or represent or advertise that he is so engaged
or intends to so engage in such business unless licensed to do
so by the Secretary of State under the provisions of this
Section.
(b) An application for a used vehicle dealer's license
shall be filed with the Secretary of State, duly verified by
oath, in such form as the Secretary of State may by rule or
regulation prescribe and shall contain:
1. The name and type of business organization
established and additional places of business, if any, in
this State.
2. If the applicant is a corporation, a list of its
officers, directors, and shareholders having a ten percent
or greater ownership interest in the corporation, setting
forth the residence address of each; if the applicant is a
sole proprietorship, a partnership, an unincorporated
association, a trust, or any similar form of business
organization, the names and residence address of the
proprietor or of each partner, member, officer, director,
trustee, or manager.
3. A statement that the applicant has been approved
for registration under the Retailers' Occupation Tax Act
by the Department of Revenue. However, this requirement
does not apply to a dealer who is already licensed
hereunder with the Secretary of State, and who is merely
applying for a renewal of his license. As evidence of this

HB3575 - 199 - LRB103 29826 RLC 56234 b
fact, the application shall be accompanied by a
certification from the Department of Revenue showing that
the Department has approved the applicant for registration
under the Retailers' Occupation Tax Act.
4. A statement that the applicant has complied with
the appropriate liability insurance requirement. A
Certificate of Insurance in a solvent company authorized
to do business in the State of Illinois shall be included
with each application covering each location at which he
proposes to act as a used vehicle dealer. The policy must
provide liability coverage in the minimum amounts of
$100,000 for bodily injury to, or death of, any person,
$300,000 for bodily injury to, or death of, two or more
persons in any one accident, and $50,000 for damage to
property. Such policy shall expire not sooner than
December 31 of the year for which the license was issued or
renewed. The expiration of the insurance policy shall not
terminate the liability under the policy arising during
the period for which the policy was filed. Trailer and
mobile home dealers are exempt from this requirement.
If the permitted user has a liability insurance policy
that provides automobile liability insurance coverage of
at least $100,000 for bodily injury to or the death of any
person, $300,000 for bodily injury to or the death of any 2
or more persons in any one accident, and $50,000 for
damage to property, then the permitted user's insurer

HB3575 - 200 - LRB103 29826 RLC 56234 b
shall be the primary insurer and the dealer's insurer
shall be the secondary insurer. If the permitted user does
not have a liability insurance policy that provides
automobile liability insurance coverage of at least
$100,000 for bodily injury to or the death of any person,
$300,000 for bodily injury to or the death of any 2 or more
persons in any one accident, and $50,000 for damage to
property, or does not have any insurance at all, then the
dealer's insurer shall be the primary insurer and the
permitted user's insurer shall be the secondary insurer.
When a permitted user is "test driving" a used vehicle
dealer's automobile, the used vehicle dealer's insurance
shall be primary and the permitted user's insurance shall
be secondary.
As used in this paragraph 4, a "permitted user" is a
person who, with the permission of the used vehicle dealer
or an employee of the used vehicle dealer, drives a
vehicle owned and held for sale or lease by the used
vehicle dealer which the person is considering to purchase
or lease, in order to evaluate the performance,
reliability, or condition of the vehicle. The term
"permitted user" also includes a person who, with the
permission of the used vehicle dealer, drives a vehicle
owned or held for sale or lease by the used vehicle dealer
for loaner purposes while the user's vehicle is being
repaired or evaluated.

HB3575 - 201 - LRB103 29826 RLC 56234 b
As used in this paragraph 4, "test driving" occurs
when a permitted user who, with the permission of the used
vehicle dealer or an employee of the used vehicle dealer,
drives a vehicle owned and held for sale or lease by a used
vehicle dealer that the person is considering to purchase
or lease, in order to evaluate the performance,
reliability, or condition of the vehicle.
As used in this paragraph 4, "loaner purposes" means
when a person who, with the permission of the used vehicle
dealer, drives a vehicle owned or held for sale or lease by
the used vehicle dealer while the user's vehicle is being
repaired or evaluated.
5. An application for a used vehicle dealer's license
shall be accompanied by the following license fees:
(A) $1,000 for applicant's established place of
business, and $50 for each additional place of
business, if any, to which the application pertains;
however, if the application is made after June 15 of
any year, the license fee shall be $500 for
applicant's established place of business plus $25 for
each additional place of business, if any, to which
the application pertains. License fees shall be
returnable only in the event that the application is
denied by the Secretary of State. Of the money
received by the Secretary of State as license fees
under this subparagraph (A) for the 2004 licensing

HB3575 - 202 - LRB103 29826 RLC 56234 b
year and thereafter, 95% shall be deposited into the
General Revenue Fund.
(B) Except for dealers selling 25 or fewer
automobiles or as provided in subsection (h) of
Section 5-102.7 of this Code, an Annual Dealer
Recovery Fund Fee in the amount of $500 for the
applicant's established place of business, and $50 for
each additional place of business, if any, to which
the application pertains; but if the application is
made after June 15 of any year, the fee shall be $250
for the applicant's established place of business plus
$25 for each additional place of business, if any, to
which the application pertains. For a license renewal
application, the fee shall be based on the amount of
automobiles sold in the past year according to the
following formula:
(1) $0 for dealers selling 25 or less
automobiles;
(2) $150 for dealers selling more than 25 but
less than 200 automobiles;
(3) $300 for dealers selling 200 or more
automobiles but less than 300 automobiles; and
(4) $500 for dealers selling 300 or more
automobiles.
License fees shall be returnable only in the event
that the application is denied by the Secretary of

HB3575 - 203 - LRB103 29826 RLC 56234 b
State. Moneys received under this subparagraph (B)
shall be deposited into the Dealer Recovery Trust
Fund.
6. A statement that the applicant's officers,
directors, shareholders having a 10% or greater ownership
interest therein, proprietor, partner, member, officer,
director, trustee, manager, or other principals in the
business have not committed in the past 3 years any one
violation as determined in any civil, criminal, or
administrative proceedings of any one of the following
Acts:
(A) The Anti-Theft Laws of the Illinois Vehicle
Code;
(B) The Certificate of Title Laws of the Illinois
Vehicle Code;
(C) The Offenses against Registration and
Certificates of Title Laws of the Illinois Vehicle
Code;
(D) The Dealers, Transporters, Wreckers and
Rebuilders Laws of the Illinois Vehicle Code;
(E) Section 21-2 of the Criminal Code of 1961 or
the Criminal Code of 2012, Criminal Trespass to
Vehicles; or
(F) The Retailers' Occupation Tax Act.
7. A statement that the applicant's officers,
directors, shareholders having a 10% or greater ownership

HB3575 - 204 - LRB103 29826 RLC 56234 b
interest therein, proprietor, partner, member, officer,
director, trustee, manager, or other principals in the
business have not committed in any calendar year 3 or more
violations, as determined in any civil, criminal, or
administrative proceedings, of any one or more of the
following Acts:
(A) The Consumer Finance Act;
(B) The Consumer Installment Loan Act;
(C) The Retail Installment Sales Act;
(D) The Motor Vehicle Retail Installment Sales
Act;
(E) The Interest Act;
(F) The Illinois Wage Assignment Act;
(G) Part 8 of Article XII of the Code of Civil
Procedure; or
(H) The Consumer Fraud and Deceptive Business
Practices Act.
7.5. A statement that, within 10 years of application,
each officer, director, shareholder having a 10% or
greater ownership interest therein, proprietor, partner,
member, officer, director, trustee, manager, or other
principal in the business of the applicant has not
committed, as determined in any civil, criminal, or
administrative proceeding, in any calendar year one or
more forcible felonies under the Criminal Code of 1961 or
the Criminal Code of 2012, or a violation of either or both

HB3575 - 205 - LRB103 29826 RLC 56234 b
Article 16 or 17 of the Criminal Code of 1961 or a
violation of either or both Article 16 or 17 of the
Criminal Code of 2012, Article 29B of the Criminal Code of
1961 or the Criminal Code of 2012, or a similar
out-of-state offense. For the purposes of this paragraph,
"forcible felony" has the meaning provided in Section 2-8
of the Criminal Code of 2012.
8. A bond or Certificate of Deposit in the amount of
$50,000 for each location at which the applicant intends
to act as a used vehicle dealer. The bond shall be for the
term of the license, or its renewal, for which application
is made, and shall expire not sooner than December 31 of
the year for which the license was issued or renewed. The
bond shall run to the People of the State of Illinois, with
surety by a bonding or insurance company authorized to do
business in this State. It shall be conditioned upon the
proper transmittal of all title and registration fees and
taxes (excluding taxes under the Retailers' Occupation Tax
Act) accepted by the applicant as a used vehicle dealer.
9. Such other information concerning the business of
the applicant as the Secretary of State may by rule or
regulation prescribe.
10. A statement that the applicant understands Chapter
1 through Chapter 5 of this Code.
11. A copy of the certification from the prelicensing
education program.

HB3575 - 206 - LRB103 29826 RLC 56234 b
12. The full name, address, and contact information of
each of the dealer's agents or legal representatives who
is an Illinois resident and liable for the performance of
the dealership.
(c) Any change which renders no longer accurate any
information contained in any application for a used vehicle
dealer's license shall be amended within 30 days after the
occurrence of each change on such form as the Secretary of
State may prescribe by rule or regulation, accompanied by an
amendatory fee of $2.
(d) Anything in this Chapter to the contrary
notwithstanding, no person shall be licensed as a used vehicle
dealer unless such person maintains an established place of
business as defined in this Chapter.
(e) The Secretary of State shall, within a reasonable time
after receipt, examine an application submitted to him under
this Section. Unless the Secretary makes a determination that
the application submitted to him does not conform to this
Section or that grounds exist for a denial of the application
under Section 5-501 of this Chapter, he must grant the
applicant an original used vehicle dealer's license in writing
for his established place of business and a supplemental
license in writing for each additional place of business in
such form as he may prescribe by rule or regulation which shall
include the following:
1. The name of the person licensed;

HB3575 - 207 - LRB103 29826 RLC 56234 b
2. If a corporation, the name and address of its
officers or if a sole proprietorship, a partnership, an
unincorporated association or any similar form of business
organization, the name and address of the proprietor or of
each partner, member, officer, director, trustee, or
manager;
3. In case of an original license, the established
place of business of the licensee;
4. In the case of a supplemental license, the
established place of business of the licensee and the
additional place of business to which such supplemental
license pertains;
5. The full name, address, and contact information of
each of the dealer's agents or legal representatives who
is an Illinois resident and liable for the performance of
the dealership.
(f) The appropriate instrument evidencing the license or a
certified copy thereof, provided by the Secretary of State
shall be kept posted, conspicuously, in the established place
of business of the licensee and in each additional place of
business, if any, maintained by such licensee.
(g) Except as provided in subsection (h) of this Section,
all used vehicle dealer's licenses granted under this Section
expire by operation of law on December 31 of the calendar year
for which they are granted unless sooner revoked or cancelled
under Section 5-501 of this Chapter.

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(h) A used vehicle dealer's license may be renewed upon
application and payment of the fee required herein, and
submission of proof of coverage by an approved bond under the
Retailers' Occupation Tax Act or proof that applicant is not
subject to such bonding requirements, as in the case of an
original license, but in case an application for the renewal
of an effective license is made during the month of December,
the effective license shall remain in force until the
application for renewal is granted or denied by the Secretary
of State.
(i) All persons licensed as a used vehicle dealer are
required to furnish each purchaser of a motor vehicle:
1. A certificate of title properly assigned to the
purchaser;
2. A statement verified under oath that all
identifying numbers on the vehicle agree with those on the
certificate of title;
3. A bill of sale properly executed on behalf of such
person;
4. A copy of the Uniform Invoice-transaction reporting
return referred to in Section 5-402 of this Chapter;
5. In the case of a rebuilt vehicle, a copy of the
Disclosure of Rebuilt Vehicle Status; and
6. In the case of a vehicle for which the warranty has
been reinstated, a copy of the warranty.
(j) A real estate broker holding a valid certificate of

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registration issued pursuant to "The Real Estate Brokers and
Salesmen License Act" may engage in the business of selling or
dealing in house trailers not his own without being licensed
as a used vehicle dealer under this Section; however such
broker shall maintain a record of the transaction including
the following:
(1) the name and address of the buyer and seller,
(2) the date of sale,
(3) a description of the mobile home, including the
vehicle identification number, make, model, and year, and
(4) the Illinois certificate of title number.
The foregoing records shall be available for inspection by
any officer of the Secretary of State's Office at any
reasonable hour.
(k) Except at the time of sale or repossession of the
vehicle, no person licensed as a used vehicle dealer may issue
any other person a newly created key to a vehicle unless the
used vehicle dealer makes a color photocopy or electronic scan
of the driver's license or State identification card of the
person requesting or obtaining the newly created key. The used
vehicle dealer must retain the photocopy or scan for 30 days.
A used vehicle dealer who violates this subsection (k) is
guilty of a petty offense. Violation of this subsection (k) is
not cause to suspend, revoke, cancel, or deny renewal of the
used vehicle dealer's license.
(l) Used vehicle dealers licensed under this Section shall

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provide the Secretary of State a register for the sale at
auction of each salvage or junk certificate vehicle. Each
register shall include the following information:
1. The year, make, model, style, and color of the
vehicle;
2. The vehicle's manufacturer's identification number
or, if applicable, the Secretary of State or Illinois
State Police identification number;
3. The date of acquisition of the vehicle;
4. The name and address of the person from whom the
vehicle was acquired;
5. The name and address of the person to whom any
vehicle was disposed, the person's Illinois license number
or if the person is an out-of-state salvage vehicle buyer,
the license number from the state or jurisdiction where
the buyer is licensed; and
6. The purchase price of the vehicle.
The register shall be submitted to the Secretary of State
via written or electronic means within 10 calendar days from
the date of the auction.
(m) If a licensee under this Section voluntarily
surrenders a license to the Illinois Secretary of State Police
or a representative of the Secretary of State Vehicle Services
Department due to the licensee's inability to adhere to
recordkeeping provisions, or the inability to properly issue
certificates of title or registrations under this Code, or the

HB3575 - 211 - LRB103 29826 RLC 56234 b
Secretary revokes a license under this Section, then the
licensee and the licensee's agent, designee, or legal
representative, if applicable, may not be named on a new
application for a licensee under this Section or under this
Chapter, nor is the licensee or the licensee's agent,
designee, or legal representative permitted to work for
another licensee under this Chapter in a recordkeeping,
management, or financial position or as an employee who
handles certificate of title and registration documents and
applications.
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 5-102. Used vehicle dealers must be licensed.
(a) No person, other than a licensed new vehicle dealer,
shall engage in the business of selling or dealing in, on
consignment or otherwise, 5 or more used vehicles of any make
during the year (except house trailers as authorized by
paragraph (j) of this Section and rebuilt salvage vehicles
sold by their rebuilders to persons licensed under this
Chapter), or act as an intermediary, agent or broker for any
licensed dealer or vehicle purchaser (other than as a
salesperson) or represent or advertise that he is so engaged
or intends to so engage in such business unless licensed to do
so by the Secretary of State under the provisions of this

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Section.
(b) An application for a used vehicle dealer's license
shall be filed with the Secretary of State, duly verified by
oath, in such form as the Secretary of State may by rule or
regulation prescribe and shall contain:
1. The name and type of business organization
established and additional places of business, if any, in
this State.
2. If the applicant is a corporation, a list of its
officers, directors, and shareholders having a ten percent
or greater ownership interest in the corporation, setting
forth the residence address of each; if the applicant is a
sole proprietorship, a partnership, an unincorporated
association, a trust, or any similar form of business
organization, the names and residence address of the
proprietor or of each partner, member, officer, director,
trustee, or manager.
3. A statement that the applicant has been approved
for registration under the Retailers' Occupation Tax Act
by the Department of Revenue. However, this requirement
does not apply to a dealer who is already licensed
hereunder with the Secretary of State, and who is merely
applying for a renewal of his license. As evidence of this
fact, the application shall be accompanied by a
certification from the Department of Revenue showing that
the Department has approved the applicant for registration

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under the Retailers' Occupation Tax Act.
4. A statement that the applicant has complied with
the appropriate liability insurance requirement. A
Certificate of Insurance in a solvent company authorized
to do business in the State of Illinois shall be included
with each application covering each location at which he
proposes to act as a used vehicle dealer. The policy must
provide liability coverage in the minimum amounts of
$100,000 for bodily injury to, or death of, any person,
$300,000 for bodily injury to, or death of, two or more
persons in any one crash, and $50,000 for damage to
property. Such policy shall expire not sooner than
December 31 of the year for which the license was issued or
renewed. The expiration of the insurance policy shall not
terminate the liability under the policy arising during
the period for which the policy was filed. Trailer and
mobile home dealers are exempt from this requirement.
If the permitted user has a liability insurance policy
that provides automobile liability insurance coverage of
at least $100,000 for bodily injury to or the death of any
person, $300,000 for bodily injury to or the death of any 2
or more persons in any one crash, and $50,000 for damage to
property, then the permitted user's insurer shall be the
primary insurer and the dealer's insurer shall be the
secondary insurer. If the permitted user does not have a
liability insurance policy that provides automobile

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liability insurance coverage of at least $100,000 for
bodily injury to or the death of any person, $300,000 for
bodily injury to or the death of any 2 or more persons in
any one crash, and $50,000 for damage to property, or does
not have any insurance at all, then the dealer's insurer
shall be the primary insurer and the permitted user's
insurer shall be the secondary insurer.
When a permitted user is "test driving" a used vehicle
dealer's automobile, the used vehicle dealer's insurance
shall be primary and the permitted user's insurance shall
be secondary.
As used in this paragraph 4, a "permitted user" is a
person who, with the permission of the used vehicle dealer
or an employee of the used vehicle dealer, drives a
vehicle owned and held for sale or lease by the used
vehicle dealer which the person is considering to purchase
or lease, in order to evaluate the performance,
reliability, or condition of the vehicle. The term
"permitted user" also includes a person who, with the
permission of the used vehicle dealer, drives a vehicle
owned or held for sale or lease by the used vehicle dealer
for loaner purposes while the user's vehicle is being
repaired or evaluated.
As used in this paragraph 4, "test driving" occurs
when a permitted user who, with the permission of the used
vehicle dealer or an employee of the used vehicle dealer,

HB3575 - 215 - LRB103 29826 RLC 56234 b
drives a vehicle owned and held for sale or lease by a used
vehicle dealer that the person is considering to purchase
or lease, in order to evaluate the performance,
reliability, or condition of the vehicle.
As used in this paragraph 4, "loaner purposes" means
when a person who, with the permission of the used vehicle
dealer, drives a vehicle owned or held for sale or lease by
the used vehicle dealer while the user's vehicle is being
repaired or evaluated.
5. An application for a used vehicle dealer's license
shall be accompanied by the following license fees:
(A) $1,000 for applicant's established place of
business, and $50 for each additional place of
business, if any, to which the application pertains;
however, if the application is made after June 15 of
any year, the license fee shall be $500 for
applicant's established place of business plus $25 for
each additional place of business, if any, to which
the application pertains. License fees shall be
returnable only in the event that the application is
denied by the Secretary of State. Of the money
received by the Secretary of State as license fees
under this subparagraph (A) for the 2004 licensing
year and thereafter, 95% shall be deposited into the
General Revenue Fund.
(B) Except for dealers selling 25 or fewer

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automobiles or as provided in subsection (h) of
Section 5-102.7 of this Code, an Annual Dealer
Recovery Fund Fee in the amount of $500 for the
applicant's established place of business, and $50 for
each additional place of business, if any, to which
the application pertains; but if the application is
made after June 15 of any year, the fee shall be $250
for the applicant's established place of business plus
$25 for each additional place of business, if any, to
which the application pertains. For a license renewal
application, the fee shall be based on the amount of
automobiles sold in the past year according to the
following formula:
(1) $0 for dealers selling 25 or less
automobiles;
(2) $150 for dealers selling more than 25 but
less than 200 automobiles;
(3) $300 for dealers selling 200 or more
automobiles but less than 300 automobiles; and
(4) $500 for dealers selling 300 or more
automobiles.
License fees shall be returnable only in the event
that the application is denied by the Secretary of
State. Moneys received under this subparagraph (B)
shall be deposited into the Dealer Recovery Trust
Fund.

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6. A statement that the applicant's officers,
directors, shareholders having a 10% or greater ownership
interest therein, proprietor, partner, member, officer,
director, trustee, manager, or other principals in the
business have not committed in the past 3 years any one
violation as determined in any civil, criminal, or
administrative proceedings of any one of the following
Acts:
(A) The Anti-Theft Laws of the Illinois Vehicle
Code;
(B) The Certificate of Title Laws of the Illinois
Vehicle Code;
(C) The Offenses against Registration and
Certificates of Title Laws of the Illinois Vehicle
Code;
(D) The Dealers, Transporters, Wreckers and
Rebuilders Laws of the Illinois Vehicle Code;
(E) Section 21-2 of the Criminal Code of 1961 or
the Criminal Code of 2012, Criminal Trespass to
Vehicles; or
(F) The Retailers' Occupation Tax Act.
7. A statement that the applicant's officers,
directors, shareholders having a 10% or greater ownership
interest therein, proprietor, partner, member, officer,
director, trustee, manager, or other principals in the
business have not committed in any calendar year 3 or more

HB3575 - 218 - LRB103 29826 RLC 56234 b
violations, as determined in any civil, criminal, or
administrative proceedings, of any one or more of the
following Acts:
(A) The Consumer Finance Act;
(B) The Consumer Installment Loan Act;
(C) The Retail Installment Sales Act;
(D) The Motor Vehicle Retail Installment Sales
Act;
(E) The Interest Act;
(F) The Illinois Wage Assignment Act;
(G) Part 8 of Article XII of the Code of Civil
Procedure; or
(H) The Consumer Fraud and Deceptive Business
Practices Act.
7.5. A statement that, within 10 years of application,
each officer, director, shareholder having a 10% or
greater ownership interest therein, proprietor, partner,
member, officer, director, trustee, manager, or other
principal in the business of the applicant has not
committed, as determined in any civil, criminal, or
administrative proceeding, in any calendar year one or
more forcible felonies under the Criminal Code of 1961 or
the Criminal Code of 2012, or a violation of either or both
Article 16 or 17 of the Criminal Code of 1961 or a
violation of either or both Article 16 or 17 of the
Criminal Code of 2012, Article 29B of the Criminal Code of

HB3575 - 219 - LRB103 29826 RLC 56234 b
1961 or the Criminal Code of 2012, or a similar
out-of-state offense. For the purposes of this paragraph,
"forcible felony" has the meaning provided in Section 2-8
of the Criminal Code of 2012.
8. A bond or Certificate of Deposit in the amount of
$50,000 for each location at which the applicant intends
to act as a used vehicle dealer. The bond shall be for the
term of the license, or its renewal, for which application
is made, and shall expire not sooner than December 31 of
the year for which the license was issued or renewed. The
bond shall run to the People of the State of Illinois, with
surety by a bonding or insurance company authorized to do
business in this State. It shall be conditioned upon the
proper transmittal of all title and registration fees and
taxes (excluding taxes under the Retailers' Occupation Tax
Act) accepted by the applicant as a used vehicle dealer.
9. Such other information concerning the business of
the applicant as the Secretary of State may by rule or
regulation prescribe.
10. A statement that the applicant understands Chapter
1 through Chapter 5 of this Code.
11. A copy of the certification from the prelicensing
education program.
12. The full name, address, and contact information of
each of the dealer's agents or legal representatives who
is an Illinois resident and liable for the performance of

HB3575 - 220 - LRB103 29826 RLC 56234 b
the dealership.
(c) Any change which renders no longer accurate any
information contained in any application for a used vehicle
dealer's license shall be amended within 30 days after the
occurrence of each change on such form as the Secretary of
State may prescribe by rule or regulation, accompanied by an
amendatory fee of $2.
(d) Anything in this Chapter to the contrary
notwithstanding, no person shall be licensed as a used vehicle
dealer unless such person maintains an established place of
business as defined in this Chapter.
(e) The Secretary of State shall, within a reasonable time
after receipt, examine an application submitted to him under
this Section. Unless the Secretary makes a determination that
the application submitted to him does not conform to this
Section or that grounds exist for a denial of the application
under Section 5-501 of this Chapter, he must grant the
applicant an original used vehicle dealer's license in writing
for his established place of business and a supplemental
license in writing for each additional place of business in
such form as he may prescribe by rule or regulation which shall
include the following:
1. The name of the person licensed;
2. If a corporation, the name and address of its
officers or if a sole proprietorship, a partnership, an
unincorporated association or any similar form of business

HB3575 - 221 - LRB103 29826 RLC 56234 b
organization, the name and address of the proprietor or of
each partner, member, officer, director, trustee, or
manager;
3. In case of an original license, the established
place of business of the licensee;
4. In the case of a supplemental license, the
established place of business of the licensee and the
additional place of business to which such supplemental
license pertains;
5. The full name, address, and contact information of
each of the dealer's agents or legal representatives who
is an Illinois resident and liable for the performance of
the dealership.
(f) The appropriate instrument evidencing the license or a
certified copy thereof, provided by the Secretary of State
shall be kept posted, conspicuously, in the established place
of business of the licensee and in each additional place of
business, if any, maintained by such licensee.
(g) Except as provided in subsection (h) of this Section,
all used vehicle dealer's licenses granted under this Section
expire by operation of law on December 31 of the calendar year
for which they are granted unless sooner revoked or cancelled
under Section 5-501 of this Chapter.
(h) A used vehicle dealer's license may be renewed upon
application and payment of the fee required herein, and
submission of proof of coverage by an approved bond under the

HB3575 - 222 - LRB103 29826 RLC 56234 b
Retailers' Occupation Tax Act or proof that applicant is not
subject to such bonding requirements, as in the case of an
original license, but in case an application for the renewal
of an effective license is made during the month of December,
the effective license shall remain in force until the
application for renewal is granted or denied by the Secretary
of State.
(i) All persons licensed as a used vehicle dealer are
required to furnish each purchaser of a motor vehicle:
1. A certificate of title properly assigned to the
purchaser;
2. A statement verified under oath that all
identifying numbers on the vehicle agree with those on the
certificate of title;
3. A bill of sale properly executed on behalf of such
person;
4. A copy of the Uniform Invoice-transaction reporting
return referred to in Section 5-402 of this Chapter;
5. In the case of a rebuilt vehicle, a copy of the
Disclosure of Rebuilt Vehicle Status; and
6. In the case of a vehicle for which the warranty has
been reinstated, a copy of the warranty.
(j) A real estate broker holding a valid certificate of
registration issued pursuant to "The Real Estate Brokers and
Salesmen License Act" may engage in the business of selling or
dealing in house trailers not his own without being licensed

HB3575 - 223 - LRB103 29826 RLC 56234 b
as a used vehicle dealer under this Section; however such
broker shall maintain a record of the transaction including
the following:
(1) the name and address of the buyer and seller,
(2) the date of sale,
(3) a description of the mobile home, including the
vehicle identification number, make, model, and year, and
(4) the Illinois certificate of title number.
The foregoing records shall be available for inspection by
any officer of the Secretary of State's Office at any
reasonable hour.
(k) Except at the time of sale or repossession of the
vehicle, no person licensed as a used vehicle dealer may issue
any other person a newly created key to a vehicle unless the
used vehicle dealer makes a color photocopy or electronic scan
of the driver's license or State identification card of the
person requesting or obtaining the newly created key. The used
vehicle dealer must retain the photocopy or scan for 30 days.
A used vehicle dealer who violates this subsection (k) is
guilty of a petty offense. Violation of this subsection (k) is
not cause to suspend, revoke, cancel, or deny renewal of the
used vehicle dealer's license.
(l) Used vehicle dealers licensed under this Section shall
provide the Secretary of State a register for the sale at
auction of each salvage or junk certificate vehicle. Each
register shall include the following information:

HB3575 - 224 - LRB103 29826 RLC 56234 b
1. The year, make, model, style, and color of the
vehicle;
2. The vehicle's manufacturer's identification number
or, if applicable, the Secretary of State or Illinois
State Police identification number;
3. The date of acquisition of the vehicle;
4. The name and address of the person from whom the
vehicle was acquired;
5. The name and address of the person to whom any
vehicle was disposed, the person's Illinois license number
or if the person is an out-of-state salvage vehicle buyer,
the license number from the state or jurisdiction where
the buyer is licensed; and
6. The purchase price of the vehicle.
The register shall be submitted to the Secretary of State
via written or electronic means within 10 calendar days from
the date of the auction.
(m) If a licensee under this Section voluntarily
surrenders a license to the Illinois Secretary of State Police
or a representative of the Secretary of State Vehicle Services
Department due to the licensee's inability to adhere to
recordkeeping provisions, or the inability to properly issue
certificates of title or registrations under this Code, or the
Secretary revokes a license under this Section, then the
licensee and the licensee's agent, designee, or legal
representative, if applicable, may not be named on a new

HB3575 - 225 - LRB103 29826 RLC 56234 b
application for a licensee under this Section or under this
Chapter, nor is the licensee or the licensee's agent,
designee, or legal representative permitted to work for
another licensee under this Chapter in a recordkeeping,
management, or financial position or as an employee who
handles certificate of title and registration documents and
applications.
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-982, eff.
7-1-23.)
(625 ILCS 5/5-102.8)
(Text of Section before amendment by P.A. 102-982)
Sec. 5-102.8. Licensure of Buy Here, Pay Here used vehicle
dealers.
(a) As used in this Section, "Buy Here, Pay Here used
vehicle dealer" means any entity that engages in the business
of selling or leasing of vehicles and finances the sale or
purchase price of the vehicle to a customer without the
customer using a third-party lender.
(b) No person shall engage in the business of selling or
dealing in, on consignment or otherwise, 5 or more used
vehicles of any make during the year (except rebuilt salvage
vehicles sold by their rebuilders to persons licensed under
this Chapter), or act as an intermediary, agent, or broker for
any licensed dealer or vehicle purchaser (other than as a

HB3575 - 226 - LRB103 29826 RLC 56234 b
salesperson) or represent or advertise that he or she is so
engaged or intends to so engage in such business of a Buy Here,
Pay Here used vehicle dealer unless licensed to do so by the
Secretary of State under the provisions of this Section.
(c) An application for a Buy Here, Pay Here used vehicle
dealer's license shall be filed with the Secretary of State,
duly verified by oath, in such form as the Secretary of State
may by rule or regulation prescribe and shall contain:
(1) The name and type of business organization
established and additional places of business, if any, in
this State.
(2) If the applicant is a corporation, a list of its
officers, directors, and shareholders having a 10% or
greater ownership interest in the corporation, setting
forth the residence address of each; if the applicant is a
sole proprietorship, a partnership, an unincorporated
association, a trust, or any similar form of business
organization, the names and residence address of the
proprietor or of each partner, member, officer, director,
trustee, or manager.
(3) A statement that the applicant has been approved
for registration under the Retailers' Occupation Tax Act
by the Department of Revenue. However, this requirement
does not apply to a dealer who is already licensed
hereunder with the Secretary of State, and who is merely
applying for a renewal of his or her license. As evidence

HB3575 - 227 - LRB103 29826 RLC 56234 b
of this fact, the application shall be accompanied by a
certification from the Department of Revenue showing that
the Department has approved the applicant for registration
under the Retailers' Occupation Tax Act.
(4) A statement that the applicant has complied with
the appropriate liability insurance requirement. A
Certificate of Insurance in a solvent company authorized
to do business in the State of Illinois shall be included
with each application covering each location at which he
or she proposes to act as a Buy Here, Pay Here used vehicle
dealer. The policy must provide liability coverage in the
minimum amounts of $100,000 for bodily injury to, or death
of, any person, $300,000 for bodily injury to, or death
of, 2 or more persons in any one accident, and $50,000 for
damage to property. Such policy shall expire not sooner
than December 31 of the year for which the license was
issued or renewed. The expiration of the insurance policy
shall not terminate the liability under the policy arising
during the period for which the policy was filed.
If the permitted user has a liability insurance policy
that provides automobile liability insurance coverage of
at least $100,000 for bodily injury to or the death of any
person, $300,000 for bodily injury to or the death of any 2
or more persons in any one accident, and $50,000 for
damage to property, then the permitted user's insurer
shall be the primary insurer and the dealer's insurer

HB3575 - 228 - LRB103 29826 RLC 56234 b
shall be the secondary insurer. If the permitted user does
not have a liability insurance policy that provides
automobile liability insurance coverage of at least
$100,000 for bodily injury to or the death of any person,
$300,000 for bodily injury to or the death of any 2 or more
persons in any one accident, and $50,000 for damage to
property, or does not have any insurance at all, then the
dealer's insurer shall be the primary insurer and the
permitted user's insurer shall be the secondary insurer.
When a permitted user is "test driving" a Buy Here,
Pay Here used vehicle dealer's automobile, the Buy Here,
Pay Here used vehicle dealer's insurance shall be primary
and the permitted user's insurance shall be secondary.
As used in this paragraph, "permitted user" means a
person who, with the permission of the Buy Here, Pay Here
used vehicle dealer or an employee of the Buy Here, Pay
Here used vehicle dealer, drives a vehicle owned and held
for sale or lease by the Buy Here, Pay Here used vehicle
dealer that the person is considering to purchase or
lease, in order to evaluate the performance, reliability,
or condition of the vehicle. "Permitted user" includes a
person who, with the permission of the Buy Here, Pay Here
used vehicle dealer, drives a vehicle owned or held for
sale or lease by the Buy Here, Pay Here used vehicle dealer
for loaner purposes while the user's vehicle is being
repaired or evaluated.

HB3575 - 229 - LRB103 29826 RLC 56234 b
As used in this paragraph, "test driving" occurs when
a permitted user who, with the permission of the Buy Here,
Pay Here used vehicle dealer or an employee of the Buy
Here, Pay Here used vehicle dealer, drives a vehicle owned
and held for sale or lease by a Buy Here, Pay Here used
vehicle dealer that the person is considering to purchase
or lease, in order to evaluate the performance,
reliability, or condition of the vehicle.
As used in this paragraph, "loaner purposes" means
when a person who, with the permission of the Buy Here, Pay
Here used vehicle dealer, drives a vehicle owned or held
for sale or lease by the used vehicle dealer while the
user's vehicle is being repaired or evaluated.
(5) An application for a Buy Here, Pay Here used
vehicle dealer's license shall be accompanied by the
following license fees:
(A) $1,000 for the applicant's established place
of business, and $50 for each additional place of
business, if any, to which the application pertains;
however, if the application is made after June 15 of
any year, the license fee shall be $500 for the
applicant's established place of business plus $25 for
each additional place of business, if any, to which
the application pertains. License fees shall be
returnable only if the application is denied by the
Secretary of State. Of the money received by the

HB3575 - 230 - LRB103 29826 RLC 56234 b
Secretary of State as license fees under this
subparagraph, 95% shall be deposited into the General
Revenue Fund.
(B) Except for dealers selling 25 or fewer
automobiles or as provided in subsection (h) of
Section 5-102.7 of this Code, an Annual Dealer
Recovery Fund Fee in the amount of $500 for the
applicant's established place of business, and $50 for
each additional place of business, if any, to which
the application pertains; but if the application is
made after June 15 of any year, the fee shall be $250
for the applicant's established place of business plus
$25 for each additional place of business, if any, to
which the application pertains. For a license renewal
application, the fee shall be based on the amount of
automobiles sold in the past year according to the
following formula:
(1) $0 for dealers selling 25 or less
automobiles;
(2) $150 for dealers selling more than 25 but
less than 200 automobiles;
(3) $300 for dealers selling 200 or more
automobiles but less than 300 automobiles; and
(4) $500 for dealers selling 300 or more
automobiles.
Fees shall be returnable only if the application

HB3575 - 231 - LRB103 29826 RLC 56234 b
is denied by the Secretary of State. Money received
under this subparagraph shall be deposited into the
Dealer Recovery Trust Fund. A Buy Here, Pay Here used
vehicle dealer shall pay into the Dealer Recovery
Trust Fund for every vehicle that is financed, sold,
or otherwise transferred to an individual or entity
other than the Buy Here, Pay Here used vehicle dealer
even if the individual or entity to which the Buy Here,
Pay Here used vehicle dealer transfers the vehicle is
unable to continue to adhere to the terms of the
transaction by the Buy Here, Pay Here used vehicle
dealer.
(6) A statement that each officer, director,
shareholder having a 10% or greater ownership interest
therein, proprietor, partner, member, officer, director,
trustee, manager, or other principal in the business of
the applicant has not committed in the past 3 years any one
violation as determined in any civil, criminal, or
administrative proceedings of any one of the following:
(A) the Anti-Theft Laws of this Code;
(B) the Certificate of Title Laws of this Code;
(C) the Offenses against Registration and
Certificates of Title Laws of this Code;
(D) the Dealers, Transporters, Wreckers and
Rebuilders Laws of this Code;
(E) Section 21-2 of the Illinois Criminal Code of

HB3575 - 232 - LRB103 29826 RLC 56234 b
1961 or the Criminal Code of 2012, Criminal Trespass
to Vehicles; or
(F) the Retailers' Occupation Tax Act.
(7) A statement that each officer, director,
shareholder having a 10% or greater ownership interest
therein, proprietor, partner, member, officer, director,
trustee, manager, or other principal in the business of
the applicant has not committed in any calendar year 3 or
more violations, as determined in any civil, criminal, or
administrative proceedings, of any one or more of the
following:
(A) the Consumer Finance Act;
(B) the Consumer Installment Loan Act;
(C) the Retail Installment Sales Act;
(D) the Motor Vehicle Retail Installment Sales
Act;
(E) the Interest Act;
(F) the Illinois Wage Assignment Act;
(G) Part 8 of Article XII of the Code of Civil
Procedure; or
(H) the Consumer Fraud and Deceptive Business
Practices Act.
(8) A statement that, within 10 years of application,
each officer, director, shareholder having a 10% or
greater ownership interest therein, proprietor, partner,
member, officer, director, trustee, manager, or other

HB3575 - 233 - LRB103 29826 RLC 56234 b
principal in the business of the applicant has not
committed, as determined in any civil, criminal, or
administrative proceeding, in any calendar year one or
more forcible felonies under the Criminal Code of 1961 or
the Criminal Code of 2012, or a violation of either or both
Article 16 or 17 of the Criminal Code of 1961, or a
violation of either or both Article 16 or 17 of the
Criminal Code of 2012, Article 29B of the Criminal Code of
1961 or the Criminal Code of 2012, or a similar
out-of-state offense. For the purposes of this paragraph,
"forcible felony" has the meaning provided in Section 2-8
of the Criminal Code of 2012.
(9) A bond or Certificate of Deposit in the amount of
$50,000 for each location at which the applicant intends
to act as a Buy Here, Pay Here used vehicle dealer. The
bond shall be for the term of the license. The bond shall
run to the People of the State of Illinois, with surety by
a bonding or insurance company authorized to do business
in this State. It shall be conditioned upon the proper
transmittal of all title and registration fees and taxes
(excluding taxes under the Retailers' Occupation Tax Act)
accepted by the applicant as a Buy Here, Pay Here used
vehicle dealer.
(10) Such other information concerning the business of
the applicant as the Secretary of State may by rule
prescribe.

HB3575 - 234 - LRB103 29826 RLC 56234 b
(11) A statement that the applicant understands
Chapter 1 through Chapter 5 of this Code.
(12) A copy of the certification from the prelicensing
education program.
(13) The full name, address, and contact information
of each of the dealer's agents or legal representatives
who is an Illinois resident and liable for the performance
of the dealership.
(d) Any change that renders no longer accurate any
information contained in any application for a Buy Here, Pay
Here used vehicle dealer's license shall be amended within 30
days after the occurrence of each change on such form as the
Secretary of State may prescribe by rule, accompanied by an
amendatory fee of $2.
(e) Anything in this Chapter to the contrary
notwithstanding, no person shall be licensed as a Buy Here,
Pay Here used vehicle dealer unless the person maintains an
established place of business as defined in this Chapter.
(f) The Secretary of State shall, within a reasonable time
after receipt, examine an application submitted under this
Section. Unless the Secretary makes a determination that the
application does not conform to this Section or that grounds
exist for a denial of the application under Section 5-501 of
this Chapter, the Secretary must grant the applicant an
original Buy Here, Pay Here used vehicle dealer's license in
writing for his or her established place of business and a

HB3575 - 235 - LRB103 29826 RLC 56234 b
supplemental license in writing for each additional place of
business in such form as the Secretary may prescribe by rule
that shall include the following:
(1) The name of the person licensed.
(2) If a corporation, the name and address of its
officers or if a sole proprietorship, a partnership, an
unincorporated association, or any similar form of
business organization, the name and address of the
proprietor or of each partner, member, officer, director,
trustee, or manager.
(3) In the case of an original license, the
established place of business of the licensee.
(4) In the case of a supplemental license, the
established place of business of the licensee and the
additional place of business to which the supplemental
license pertains.
(5) The full name, address, and contact information of
each of the dealer's agents or legal representatives who
is an Illinois resident and liable for the performance of
the dealership.
(g) The appropriate instrument evidencing the license or a
certified copy thereof, provided by the Secretary of State
shall be kept posted, conspicuously, in the established place
of business of the licensee and in each additional place of
business, if any, maintained by the licensee.
(h) Except as provided in subsection (i), all Buy Here,

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Pay Here used vehicle dealer's licenses granted under this
Section expire by operation of law on December 31 of the
calendar year for which they are granted unless sooner revoked
or cancelled under Section 5-501 of this Chapter.
(i) A Buy Here, Pay Here used vehicle dealer's license may
be renewed upon application and payment of the fee required
herein, and submission of proof of coverage by an approved
bond under the Retailers' Occupation Tax Act or proof that the
applicant is not subject to such bonding requirements, as in
the case of an original license, but in the case of an
application for the renewal of an effective license made
during the month of December, the effective license shall
remain in force until the application for renewal is granted
or denied by the Secretary of State.
(j) Each person licensed as a Buy Here, Pay Here used
vehicle dealer is required to furnish each purchaser of a
motor vehicle:
(1) a certificate of title properly assigned to the
purchaser;
(2) a statement verified under oath that all
identifying numbers on the vehicle agree with those on the
certificate of title;
(3) a bill of sale properly executed on behalf of the
person;
(4) a copy of the Uniform Invoice-transaction
reporting return referred to in Section 5-402;

HB3575 - 237 - LRB103 29826 RLC 56234 b
(5) in the case of a rebuilt vehicle, a copy of the
Disclosure of Rebuilt Vehicle Status; and
(6) in the case of a vehicle for which the warranty has
been reinstated, a copy of the warranty.
(k) Except at the time of sale or repossession of the
vehicle, no person licensed as a Buy Here, Pay Here used
vehicle dealer may issue any other person a newly created key
to a vehicle unless the Buy Here, Pay Here used vehicle dealer
makes a color photocopy or electronic scan of the driver's
license or State identification card of the person requesting
or obtaining the newly created key. The Buy Here, Pay Here used
vehicle dealer must retain the photocopy or scan for 30 days.
A Buy Here, Pay Here used vehicle dealer who violates this
subsection (k) is guilty of a petty offense. Violation of this
subsection (k) is not cause to suspend, revoke, cancel, or
deny renewal of the used vehicle dealer's license.
(l) A Buy Here, Pay Here used vehicle dealer licensed
under this Section shall provide the Secretary of State a
register for the sale at auction of each salvage or junk
certificate vehicle. Each register shall include the following
information:
(1) the year, make, model, style, and color of the
vehicle;
(2) the vehicle's manufacturer's identification number
or, if applicable, the Secretary of State or Illinois
Department of State Police identification number;

HB3575 - 238 - LRB103 29826 RLC 56234 b
(3) the date of acquisition of the vehicle;
(4) the name and address of the person from whom the
vehicle was acquired;
(5) the name and address of the person to whom any
vehicle was disposed, the person's Illinois license number
or, if the person is an out-of-state salvage vehicle
buyer, the license number from the state or jurisdiction
where the buyer is licensed; and
(6) the purchase price of the vehicle.
The register shall be submitted to the Secretary of State
via written or electronic means within 10 calendar days from
the date of the auction.
(m) If a licensee under this Section voluntarily
surrenders a license to the Illinois Secretary of State Police
or a representative of the Secretary of State Vehicle Services
Department due to the licensee's inability to adhere to
recordkeeping provisions, or the inability to properly issue
certificates of title or registrations under this Code, or the
Secretary revokes a license under this Section, then the
licensee and the licensee's agent, designee, or legal
representative, if applicable, may not be named on a new
application for a licensee under this Section or under this
Chapter, nor is the licensee or the licensee's agent,
designee, or legal representative permitted to work for
another licensee under this Chapter in a recordkeeping,
management, or financial position or as an employee who

HB3575 - 239 - LRB103 29826 RLC 56234 b
handles certificate of title and registration documents and
applications.
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 5-102.8. Licensure of Buy Here, Pay Here used vehicle
dealers.
(a) As used in this Section, "Buy Here, Pay Here used
vehicle dealer" means any entity that engages in the business
of selling or leasing of vehicles and finances the sale or
purchase price of the vehicle to a customer without the
customer using a third-party lender.
(b) No person shall engage in the business of selling or
dealing in, on consignment or otherwise, 5 or more used
vehicles of any make during the year (except rebuilt salvage
vehicles sold by their rebuilders to persons licensed under
this Chapter), or act as an intermediary, agent, or broker for
any licensed dealer or vehicle purchaser (other than as a
salesperson) or represent or advertise that he or she is so
engaged or intends to so engage in such business of a Buy Here,
Pay Here used vehicle dealer unless licensed to do so by the
Secretary of State under the provisions of this Section.
(c) An application for a Buy Here, Pay Here used vehicle
dealer's license shall be filed with the Secretary of State,
duly verified by oath, in such form as the Secretary of State
may by rule or regulation prescribe and shall contain:

HB3575 - 240 - LRB103 29826 RLC 56234 b
(1) The name and type of business organization
established and additional places of business, if any, in
this State.
(2) If the applicant is a corporation, a list of its
officers, directors, and shareholders having a 10% or
greater ownership interest in the corporation, setting
forth the residence address of each; if the applicant is a
sole proprietorship, a partnership, an unincorporated
association, a trust, or any similar form of business
organization, the names and residence address of the
proprietor or of each partner, member, officer, director,
trustee, or manager.
(3) A statement that the applicant has been approved
for registration under the Retailers' Occupation Tax Act
by the Department of Revenue. However, this requirement
does not apply to a dealer who is already licensed
hereunder with the Secretary of State, and who is merely
applying for a renewal of his or her license. As evidence
of this fact, the application shall be accompanied by a
certification from the Department of Revenue showing that
the Department has approved the applicant for registration
under the Retailers' Occupation Tax Act.
(4) A statement that the applicant has complied with
the appropriate liability insurance requirement. A
Certificate of Insurance in a solvent company authorized
to do business in the State of Illinois shall be included

HB3575 - 241 - LRB103 29826 RLC 56234 b
with each application covering each location at which he
or she proposes to act as a Buy Here, Pay Here used vehicle
dealer. The policy must provide liability coverage in the
minimum amounts of $100,000 for bodily injury to, or death
of, any person, $300,000 for bodily injury to, or death
of, 2 or more persons in any one crash, and $50,000 for
damage to property. Such policy shall expire not sooner
than December 31 of the year for which the license was
issued or renewed. The expiration of the insurance policy
shall not terminate the liability under the policy arising
during the period for which the policy was filed.
If the permitted user has a liability insurance policy
that provides automobile liability insurance coverage of
at least $100,000 for bodily injury to or the death of any
person, $300,000 for bodily injury to or the death of any 2
or more persons in any one crash, and $50,000 for damage to
property, then the permitted user's insurer shall be the
primary insurer and the dealer's insurer shall be the
secondary insurer. If the permitted user does not have a
liability insurance policy that provides automobile
liability insurance coverage of at least $100,000 for
bodily injury to or the death of any person, $300,000 for
bodily injury to or the death of any 2 or more persons in
any one crash, and $50,000 for damage to property, or does
not have any insurance at all, then the dealer's insurer
shall be the primary insurer and the permitted user's

HB3575 - 242 - LRB103 29826 RLC 56234 b
insurer shall be the secondary insurer.
When a permitted user is "test driving" a Buy Here,
Pay Here used vehicle dealer's automobile, the Buy Here,
Pay Here used vehicle dealer's insurance shall be primary
and the permitted user's insurance shall be secondary.
As used in this paragraph, "permitted user" means a
person who, with the permission of the Buy Here, Pay Here
used vehicle dealer or an employee of the Buy Here, Pay
Here used vehicle dealer, drives a vehicle owned and held
for sale or lease by the Buy Here, Pay Here used vehicle
dealer that the person is considering to purchase or
lease, in order to evaluate the performance, reliability,
or condition of the vehicle. "Permitted user" includes a
person who, with the permission of the Buy Here, Pay Here
used vehicle dealer, drives a vehicle owned or held for
sale or lease by the Buy Here, Pay Here used vehicle dealer
for loaner purposes while the user's vehicle is being
repaired or evaluated.
As used in this paragraph, "test driving" occurs when
a permitted user who, with the permission of the Buy Here,
Pay Here used vehicle dealer or an employee of the Buy
Here, Pay Here used vehicle dealer, drives a vehicle owned
and held for sale or lease by a Buy Here, Pay Here used
vehicle dealer that the person is considering to purchase
or lease, in order to evaluate the performance,
reliability, or condition of the vehicle.

HB3575 - 243 - LRB103 29826 RLC 56234 b
As used in this paragraph, "loaner purposes" means
when a person who, with the permission of the Buy Here, Pay
Here used vehicle dealer, drives a vehicle owned or held
for sale or lease by the used vehicle dealer while the
user's vehicle is being repaired or evaluated.
(5) An application for a Buy Here, Pay Here used
vehicle dealer's license shall be accompanied by the
following license fees:
(A) $1,000 for the applicant's established place
of business, and $50 for each additional place of
business, if any, to which the application pertains;
however, if the application is made after June 15 of
any year, the license fee shall be $500 for the
applicant's established place of business plus $25 for
each additional place of business, if any, to which
the application pertains. License fees shall be
returnable only if the application is denied by the
Secretary of State. Of the money received by the
Secretary of State as license fees under this
subparagraph, 95% shall be deposited into the General
Revenue Fund.
(B) Except for dealers selling 25 or fewer
automobiles or as provided in subsection (h) of
Section 5-102.7 of this Code, an Annual Dealer
Recovery Fund Fee in the amount of $500 for the
applicant's established place of business, and $50 for

HB3575 - 244 - LRB103 29826 RLC 56234 b
each additional place of business, if any, to which
the application pertains; but if the application is
made after June 15 of any year, the fee shall be $250
for the applicant's established place of business plus
$25 for each additional place of business, if any, to
which the application pertains. For a license renewal
application, the fee shall be based on the amount of
automobiles sold in the past year according to the
following formula:
(1) $0 for dealers selling 25 or less
automobiles;
(2) $150 for dealers selling more than 25 but
less than 200 automobiles;
(3) $300 for dealers selling 200 or more
automobiles but less than 300 automobiles; and
(4) $500 for dealers selling 300 or more
automobiles.
Fees shall be returnable only if the application
is denied by the Secretary of State. Money received
under this subparagraph shall be deposited into the
Dealer Recovery Trust Fund. A Buy Here, Pay Here used
vehicle dealer shall pay into the Dealer Recovery
Trust Fund for every vehicle that is financed, sold,
or otherwise transferred to an individual or entity
other than the Buy Here, Pay Here used vehicle dealer
even if the individual or entity to which the Buy Here,

HB3575 - 245 - LRB103 29826 RLC 56234 b
Pay Here used vehicle dealer transfers the vehicle is
unable to continue to adhere to the terms of the
transaction by the Buy Here, Pay Here used vehicle
dealer.
(6) A statement that each officer, director,
shareholder having a 10% or greater ownership interest
therein, proprietor, partner, member, officer, director,
trustee, manager, or other principal in the business of
the applicant has not committed in the past 3 years any one
violation as determined in any civil, criminal, or
administrative proceedings of any one of the following:
(A) the Anti-Theft Laws of this Code;
(B) the Certificate of Title Laws of this Code;
(C) the Offenses against Registration and
Certificates of Title Laws of this Code;
(D) the Dealers, Transporters, Wreckers and
Rebuilders Laws of this Code;
(E) Section 21-2 of the Illinois Criminal Code of
1961 or the Criminal Code of 2012, Criminal Trespass
to Vehicles; or
(F) the Retailers' Occupation Tax Act.
(7) A statement that each officer, director,
shareholder having a 10% or greater ownership interest
therein, proprietor, partner, member, officer, director,
trustee, manager, or other principal in the business of
the applicant has not committed in any calendar year 3 or

HB3575 - 246 - LRB103 29826 RLC 56234 b
more violations, as determined in any civil, criminal, or
administrative proceedings, of any one or more of the
following:
(A) the Consumer Finance Act;
(B) the Consumer Installment Loan Act;
(C) the Retail Installment Sales Act;
(D) the Motor Vehicle Retail Installment Sales
Act;
(E) the Interest Act;
(F) the Illinois Wage Assignment Act;
(G) Part 8 of Article XII of the Code of Civil
Procedure; or
(H) the Consumer Fraud and Deceptive Business
Practices Act.
(8) A statement that, within 10 years of application,
each officer, director, shareholder having a 10% or
greater ownership interest therein, proprietor, partner,
member, officer, director, trustee, manager, or other
principal in the business of the applicant has not
committed, as determined in any civil, criminal, or
administrative proceeding, in any calendar year one or
more forcible felonies under the Criminal Code of 1961 or
the Criminal Code of 2012, or a violation of either or both
Article 16 or 17 of the Criminal Code of 1961, or a
violation of either or both Article 16 or 17 of the
Criminal Code of 2012, Article 29B of the Criminal Code of

HB3575 - 247 - LRB103 29826 RLC 56234 b
1961 or the Criminal Code of 2012, or a similar
out-of-state offense. For the purposes of this paragraph,
"forcible felony" has the meaning provided in Section 2-8
of the Criminal Code of 2012.
(9) A bond or Certificate of Deposit in the amount of
$50,000 for each location at which the applicant intends
to act as a Buy Here, Pay Here used vehicle dealer. The
bond shall be for the term of the license. The bond shall
run to the People of the State of Illinois, with surety by
a bonding or insurance company authorized to do business
in this State. It shall be conditioned upon the proper
transmittal of all title and registration fees and taxes
(excluding taxes under the Retailers' Occupation Tax Act)
accepted by the applicant as a Buy Here, Pay Here used
vehicle dealer.
(10) Such other information concerning the business of
the applicant as the Secretary of State may by rule
prescribe.
(11) A statement that the applicant understands
Chapter 1 through Chapter 5 of this Code.
(12) A copy of the certification from the prelicensing
education program.
(13) The full name, address, and contact information
of each of the dealer's agents or legal representatives
who is an Illinois resident and liable for the performance
of the dealership.

HB3575 - 248 - LRB103 29826 RLC 56234 b
(d) Any change that renders no longer accurate any
information contained in any application for a Buy Here, Pay
Here used vehicle dealer's license shall be amended within 30
days after the occurrence of each change on such form as the
Secretary of State may prescribe by rule, accompanied by an
amendatory fee of $2.
(e) Anything in this Chapter to the contrary
notwithstanding, no person shall be licensed as a Buy Here,
Pay Here used vehicle dealer unless the person maintains an
established place of business as defined in this Chapter.
(f) The Secretary of State shall, within a reasonable time
after receipt, examine an application submitted under this
Section. Unless the Secretary makes a determination that the
application does not conform to this Section or that grounds
exist for a denial of the application under Section 5-501 of
this Chapter, the Secretary must grant the applicant an
original Buy Here, Pay Here used vehicle dealer's license in
writing for his or her established place of business and a
supplemental license in writing for each additional place of
business in such form as the Secretary may prescribe by rule
that shall include the following:
(1) The name of the person licensed.
(2) If a corporation, the name and address of its
officers or if a sole proprietorship, a partnership, an
unincorporated association, or any similar form of
business organization, the name and address of the

HB3575 - 249 - LRB103 29826 RLC 56234 b
proprietor or of each partner, member, officer, director,
trustee, or manager.
(3) In the case of an original license, the
established place of business of the licensee.
(4) In the case of a supplemental license, the
established place of business of the licensee and the
additional place of business to which the supplemental
license pertains.
(5) The full name, address, and contact information of
each of the dealer's agents or legal representatives who
is an Illinois resident and liable for the performance of
the dealership.
(g) The appropriate instrument evidencing the license or a
certified copy thereof, provided by the Secretary of State
shall be kept posted, conspicuously, in the established place
of business of the licensee and in each additional place of
business, if any, maintained by the licensee.
(h) Except as provided in subsection (i), all Buy Here,
Pay Here used vehicle dealer's licenses granted under this
Section expire by operation of law on December 31 of the
calendar year for which they are granted unless sooner revoked
or cancelled under Section 5-501 of this Chapter.
(i) A Buy Here, Pay Here used vehicle dealer's license may
be renewed upon application and payment of the fee required
herein, and submission of proof of coverage by an approved
bond under the Retailers' Occupation Tax Act or proof that the

HB3575 - 250 - LRB103 29826 RLC 56234 b
applicant is not subject to such bonding requirements, as in
the case of an original license, but in the case of an
application for the renewal of an effective license made
during the month of December, the effective license shall
remain in force until the application for renewal is granted
or denied by the Secretary of State.
(j) Each person licensed as a Buy Here, Pay Here used
vehicle dealer is required to furnish each purchaser of a
motor vehicle:
(1) a certificate of title properly assigned to the
purchaser;
(2) a statement verified under oath that all
identifying numbers on the vehicle agree with those on the
certificate of title;
(3) a bill of sale properly executed on behalf of the
person;
(4) a copy of the Uniform Invoice-transaction
reporting return referred to in Section 5-402;
(5) in the case of a rebuilt vehicle, a copy of the
Disclosure of Rebuilt Vehicle Status; and
(6) in the case of a vehicle for which the warranty has
been reinstated, a copy of the warranty.
(k) Except at the time of sale or repossession of the
vehicle, no person licensed as a Buy Here, Pay Here used
vehicle dealer may issue any other person a newly created key
to a vehicle unless the Buy Here, Pay Here used vehicle dealer

HB3575 - 251 - LRB103 29826 RLC 56234 b
makes a color photocopy or electronic scan of the driver's
license or State identification card of the person requesting
or obtaining the newly created key. The Buy Here, Pay Here used
vehicle dealer must retain the photocopy or scan for 30 days.
A Buy Here, Pay Here used vehicle dealer who violates this
subsection (k) is guilty of a petty offense. Violation of this
subsection (k) is not cause to suspend, revoke, cancel, or
deny renewal of the used vehicle dealer's license.
(l) A Buy Here, Pay Here used vehicle dealer licensed
under this Section shall provide the Secretary of State a
register for the sale at auction of each salvage or junk
certificate vehicle. Each register shall include the following
information:
(1) the year, make, model, style, and color of the
vehicle;
(2) the vehicle's manufacturer's identification number
or, if applicable, the Secretary of State or Illinois
Department of State Police identification number;
(3) the date of acquisition of the vehicle;
(4) the name and address of the person from whom the
vehicle was acquired;
(5) the name and address of the person to whom any
vehicle was disposed, the person's Illinois license number
or, if the person is an out-of-state salvage vehicle
buyer, the license number from the state or jurisdiction
where the buyer is licensed; and

HB3575 - 252 - LRB103 29826 RLC 56234 b
(6) the purchase price of the vehicle.
The register shall be submitted to the Secretary of State
via written or electronic means within 10 calendar days from
the date of the auction.
(m) If a licensee under this Section voluntarily
surrenders a license to the Illinois Secretary of State Police
or a representative of the Secretary of State Vehicle Services
Department due to the licensee's inability to adhere to
recordkeeping provisions, or the inability to properly issue
certificates of title or registrations under this Code, or the
Secretary revokes a license under this Section, then the
licensee and the licensee's agent, designee, or legal
representative, if applicable, may not be named on a new
application for a licensee under this Section or under this
Chapter, nor is the licensee or the licensee's agent,
designee, or legal representative permitted to work for
another licensee under this Chapter in a recordkeeping,
management, or financial position or as an employee who
handles certificate of title and registration documents and
applications.
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22;
102-982, eff. 7-1-23.)
(625 ILCS 5/5-403) (from Ch. 95 1/2, par. 5-403)
Sec. 5-403. (1) Authorized representatives of the
Secretary of State including officers of the Secretary of

HB3575 - 253 - LRB103 29826 RLC 56234 b
State's Department of Police, other peace officers, and such
other individuals as the Secretary may designate from time to
time shall make inspections of individuals and facilities
licensed or required to be licensed under Chapter 5 of the
Illinois Vehicle Code for the purpose of reviewing records
required to be maintained under Chapter 5 for accuracy and
completeness and reviewing and examining the premises of the
licensee's established or additional place of business for the
purpose of determining the accuracy of the required records.
Premises that may be inspected in order to determine the
accuracy of the books and records required to be kept includes
all premises used by the licensee to store vehicles and parts
that are reflected by the required books and records.
(2) Persons having knowledge of or conducting inspections
pursuant to this Chapter shall not in advance of such
inspections knowingly notify a licensee or representative of a
licensee of the contemplated inspection unless the Secretary
or an individual designated by him for this purpose authorizes
such notification. Any individual who, without authorization,
knowingly violates this subparagraph shall be guilty of a
Class A misdemeanor.
(3) The licensee or a representative of the licensee shall
be entitled to be present during an inspection conducted
pursuant to Chapter 5, however, the presence of the licensee
or an authorized representative of the licensee is not a
condition precedent to such an inspection.

HB3575 - 254 - LRB103 29826 RLC 56234 b
(4) Inspection conducted pursuant to Chapter 5 may be
initiated at any time that business is being conducted or work
is being performed, whether or not open to the public or when
the licensee or a representative of the licensee, other than a
mere custodian or watchman, is present. The fact that a
licensee or representative of the licensee leaves the licensed
premises after an inspection has been initiated shall not
require the termination of the inspection.
(5) Any inspection conducted pursuant to Chapter 5 shall
not continue for more than 24 hours after initiation.
(6) In the event information comes to the attention of the
individuals conducting an inspection that may give rise to the
necessity of obtaining a search warrant, and in the event
steps are initiated for the procurement of a search warrant,
the individuals conducting such inspection may take all
necessary steps to secure the premises under inspection until
the warrant application is acted upon by a judicial officer.
(7) No more than 6 inspections of a premises may be
conducted pursuant to Chapter 5 within any 6 month period
except pursuant to a search warrant. Notwithstanding this
limitation, nothing in this subparagraph (7) shall be
construed to limit the authority of law enforcement agents to
respond to public complaints of violations of the Code. For
the purpose of this subparagraph (7), a public complaint is
one in which the complainant identifies himself or herself and
sets forth, in writing, the specific basis for their complaint

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against the licensee. For the purpose of this subparagraph
(7), the inspection of records pertaining only to recyclable
metals, as provided in subdivision (a)(5) of Section 5-401.3
of this Code, shall not be counted as an inspection of a
premises.
(8) Nothing in this Section shall be construed to limit
the authority of individuals by the Secretary pursuant to this
Section to conduct searches of licensees pursuant to a duly
issued and authorized search warrant.
(9) Any licensee who, having been informed by a person
authorized to make inspections and examine records under this
Section that he desires to inspect records and the licensee's
premises as authorized by this Section, refuses either to
produce for that person records required to be kept by this
Chapter or to permit such authorized person to make an
inspection of the premises in accordance with this Section
shall subject the license to immediate suspension by the
Secretary of State.
(10) Beginning July 1, 1988, any person referenced under
Section 5-302 shall produce for inspection upon demand those
records pertaining to the acquisition of salvage vehicles in
this State.
(Source: P.A. 95-253, eff. 1-1-08; 95-783, eff. 1-1-09;
95-979, eff. 1-2-09; 96-328, eff. 8-11-09.)
(625 ILCS 5/5-803)

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Sec. 5-803. Administrative penalties. Instead of filing a
criminal complaint against a new or used vehicle dealer, or
against any other entity licensed by the Secretary under this
Code, or any other unlicensed entity acting in violation of
this Code, a Secretary of State Police investigator may issue
administrative citations for violations of any of the
provisions of this Code or any administrative rule adopted by
the Secretary under this Code. A party receiving a citation
shall have the right to contest the citation in proceedings
before the Secretary of State Department of Administrative
Hearings. Penalties imposed by issuance of an administrative
citation shall not exceed $50 per violation. A penalty may not
be imposed unless, during the course of a single investigation
or upon review of the party's records, the party is found to
have committed at least 3 separate violations of one or more of
the provisions of this Code or any administrative rule adopted
by the Secretary under this Code. Penalties paid as a result of
the issuance of administrative citations shall be deposited in
the Secretary of State Police Services Fund.
(Source: P.A. 101-572, eff. 8-23-19.)
(625 ILCS 5/5-901)
Sec. 5-901. Regulation of manufactured home dealers.
(a) As used in this Article:
"Established place of business" means the place owned or
leased and occupied by any person duly licensed or required to

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be licensed as a manufactured home dealer for the purpose of
engaging in selling, buying, bartering, displaying,
exchanging, or dealing in, on consignment or otherwise,
manufactured homes and for such other ancillary purposes as
may be permitted by the Secretary by rule.
"Manufactured home" means a factory-assembled structure
built on a permanent chassis, transportable in one or more
sections in the travel mode, incapable of self-propulsion,
bears a label indicating the manufacturer's compliance with
the United States Department of Housing and Urban Development
standards, as applicable, and is designed for year-round
occupancy as a single-family residence when connected to
approved water, sewer, and electrical utilities.
"Manufactured home dealer" means: (1) an individual or
entity that engages in the business of acquiring or disposing
of new or used manufactured homes; (2) an individual or entity
who advertises or otherwise holds the individual or the entity
out as being engaged in the business of acquiring or selling
new or used manufactured homes; or (3) an individual or entity
who buys or sells more than 2 new or used manufactured homes
within a 12-month period.
(b) No person shall engage in this State in the business of
selling or dealing in, on consignment or otherwise,
manufactured homes of any make, or act as an intermediary,
agent, or broker for any manufactured home purchaser, other
than as a salesperson, or to represent or advertise that he or

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she is so engaged, or intends to so engage, in the business,
unless licensed to do so by the Secretary of State under this
Section.
(c) An application for a manufactured home dealer's
license shall be filed with the Secretary of State Vehicle
Services Department and duly verified by oath, on such form as
the Secretary of State may prescribe, and shall contain all of
the following:
(1) The name and type of business organization of the
applicant, and his or her established place of business in
this State.
(2) If the applicant is a corporation, a list of its
officers, directors, and shareholders having a 10% or
greater ownership interest in the corporation. If the
applicant is a sole proprietorship, a partnership, a
limited liability company, an unincorporated association,
a trust, or any similar form of business organization, the
name and residence address of the proprietor, or the name
and residence address of each partner, member, officer,
director, trustee, or manager.
(3) A statement that the applicant has been approved
for registration under the Retailers' Occupation Tax Act
by the Department of Revenue, except that this requirement
does not apply to a manufactured home dealer who is
already licensed with the Secretary of State, and who is
only applying for a renewal of his or her license. As

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evidence of this fact, the application shall be
accompanied by a certification from the Department of
Revenue showing that the Department has approved the
applicant for registration under the Retailers' Occupation
Tax Act.
(4) An application for a manufactured home dealer's
license shall be accompanied by a $1,000 license fee for
the applicant's established place of business. If the
application is made after June 15 of any year, the license
fee shall be $500 for the applicant's established place of
business. License fees shall be returnable only if the
application is denied by the Secretary of State.
Of the money received by the Secretary of State as
license fees under this paragraph (4), 95% shall be
deposited into the General Revenue Fund and 5% into the
Motor Vehicle License Plate Fund.
(5) A statement that no officer, director, shareholder
having a 10% or greater ownership interest, proprietor,
partner, member, officer, director, trustee, manager, or
other principal in the business of the applicant has
committed in the past 3 years any violation, as determined
in any civil, criminal, or administrative hearing
proceeding, of any one of the following Acts:
(A) the Anti-Theft Laws of this Code;
(B) the Certificate of Title Laws of this Code;
(C) the Offenses against Registration and

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Certificates of Title Laws of this Code;
(D) the Dealers, Transporters, Wreckers, and
Rebuilders Laws of this Code;
(E) Section 21-2 of the Criminal Code of 2012,
criminal trespass to vehicles;
(F) the Retailers' Occupation Tax Act;
(G) the Consumer Installment Loan Act;
(H) the Retail Installment Sales Act;
(I) the Interest Act;
(J) the Illinois Wage Assignment Act;
(K) Part 8 of Article XII of the Code of Civil
Procedure; or
(L) the Consumer Fraud and Deceptive Business
Practices Act.
(6) A bond or certificate of deposit in the amount of
$150,000 for each license holder applicant intending to
act as a manufactured home dealer under this Section. The
bond shall be for the term of the license for which
application is made and shall expire not sooner than
December 31st of the year for which the license was
issued. The bond shall run to the People of the State of
Illinois and to customers asserting financial claims
against the dealer, with surety by a bonding or insurance
company authorized to do business in this State. It shall
be conditioned upon the proper transmittal of all title
and registration fees and taxes (excluding taxes under the

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Retailers' Occupation Tax Act) accepted by the applicant
as a manufactured home dealer, and the execution of all of
the dealer's obligations to the customer, including
financial duties related to the acceptance and
disbursement of any funds paid to the dealer by the
customer, and conveyance of possession or ownership
documents of a manufactured home.
(7) Dealers in business for over 10 years may
substitute a certificate of insurance in lieu of the bond
or certificate of deposit upon renewing their license.
(8) Any other information concerning the business of
the applicant as the Secretary of State may by rule
prescribe.
(d) Any change that renders no longer accurate any
information contained in any application for a license under
this Section shall be amended within 30 days after the
occurrence of the change on a form the Secretary of State may
prescribe, by rule, accompanied by an amendatory fee of $25.
(e) The Secretary of State shall, within a reasonable time
after receipt, examine an application submitted under this
Section, and unless the Secretary makes a determination that
the application submitted does not conform with the
requirements of this Section or that grounds exist for a
denial of the application under subsection (f), grant the
applicant an initial manufactured home dealer's license in
writing for the established place of business of the applicant

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in a form the Secretary may prescribe by rule, which shall
include the following:
(1) the name of the person or entity licensed;
(2) if a corporation, the name and address of its
officers; if a sole proprietorship, a partnership, an
unincorporated association, or any similar form of
business organization, the name and address of the
proprietor, or the name and address of each partner,
member, officer, director, trustee or manager; or if a
limited liability company, the name and address of the
general partner or partners, or managing member or
members; and
(3) the established place of business of the licensee.
(f) A license issued under this Section may be denied,
revoked, or suspended if the Secretary of State finds that the
applicant, or the officer, director, shareholder having a 10%
or greater ownership interest in the corporation, owner,
partner, trustee, manager, employee or the licensee has:
(1) violated this Section;
(2) made any material misrepresentation to the
Secretary of State in connection with an application for a
license, title, or registration;
(3) committed a fraudulent act in connection with
selling, bartering, exchanging, offering for sale, or
otherwise dealing in manufactured homes;
(4) not maintained an established place of business as

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defined in this Section;
(5) failed to file or produce to the Secretary of
State any application, report, document, or other
pertinent books, records, documents, letters, contracts
required to be filed or produced under this Section or any
rule adopted by the Secretary of State pursuant to this
Section;
(6) failed to pay any fees or taxes due under this
Code, or has failed to transmit any fees or taxes received
by him or her for transmittal by him or her to the
Secretary of State or the State of Illinois;
(7) failed to transfer title to a manufactured home
when legally required to do so; or
(8) violated any of the following:
(A) the Anti-Theft Laws of this Code;
(B) the Certificate of Title Laws of this Code;
(C) the Offenses against Registration and
Certificates of Title Laws of this Code;
(D) the Dealers, Transporters, Wreckers, and
Rebuilders Laws of this Code;
(E) Section 21-2 of the Criminal Code of 2012,
criminal trespass to vehicles;
(F) the Retailers' Occupation Tax Act;
(G) the Consumer Installment Loan Act;
(H) the Retail Installment Sales Act;
(I) the Interest Act;

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(J) the Illinois Wage Assignment Act;
(K) Part 8 of Article XII of the Code of Civil
Procedure; or
(L) the Consumer Fraud and Deceptive Business
Practices Act.
(g) In addition to other grounds specified in this
Section, the Secretary of State, on complaint of the
Department of Revenue, shall refuse the issuance or renewal of
a license, or suspend or revoke such a license, for any of the
following violations of the Retailers' Occupation Tax Act, the
tax imposed on corporations under subsection (b) of Section
201 of the Illinois Income Tax Act, the Personal Property Tax
Replacement Income Tax imposed under subsections (c) and (d)
of Section 201 of the Illinois Income Tax Act, or the tax
imposed under Section 704A of the Illinois Income Tax Act:
(1) failure to make a tax return;
(2) the filing of a fraudulent return;
(3) failure to pay all or part of any tax or penalty
finally determined to be due;
(4) failure to comply with the bonding requirements of
the Retailers' Occupation Tax Act.
(h) A license issued under this Section may be canceled by
the Secretary of State prior to its expiration in any of the
following situations:
(1) if a license is voluntarily surrendered by the
licensed person;

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(2) if the business enterprise is a sole
proprietorship and the sole proprietor dies or is
imprisoned for any period exceeding 30 days; or
(3) if the license was issued to the wrong person or
corporation or contains an error on its face.
If any person whose license has been canceled wishes to
apply for another license, whether during the same license
year or any other year, that person shall be treated as a new
applicant and the cancellation of the person's prior license
shall not, in and of itself, be a bar to the issuance of a new
license.
(i) A license issued under this Section may be canceled
without a hearing if the Secretary of State is notified that
the applicant, or any officer, director, shareholder having a
10% or greater ownership interest, owner, partner, trustee,
manager, employee, or member of the applicant or the licensee
has been convicted of any forcible felony or any felony
involving the selling, bartering, exchanging, offering for
sale, or otherwise dealing in ownership documents relating to
any of the above actions.
(j) The appropriate instrument evidencing the license or a
certified copy of the instrument, provided by the Secretary of
State, shall be kept posted conspicuously in the established
place of business of the licensee.
(k) All records related to the purchase, sale, or
acceptance for sale on consignment of any manufactured home

HB3575 - 266 - LRB103 29826 RLC 56234 b
shall be maintained at the licensee's established place of
business. These records shall be retained for a period of not
less than 7 years, and shall be made available for inspection
upon the request of a Secretary of State auditor or an
investigator with the Secretary of State Department of Police.
(l) Except as provided in subsection (i), all licenses
granted under this Section shall expire by operation of law on
December 31st of the calendar year for which the licenses were
granted, unless sooner revoked or canceled under subsection
(f).
(m) Each person licensed as a manufactured home dealer is
required to furnish each purchaser of a manufactured home:
(1) in the case of a new manufactured home, a
manufacturer's statement of origin, and in the case of a
previously owned manufactured home, a certificate of
title, in either case properly assigned to the purchaser;
(2) a statement verified under oath that all
identifying numbers on the vehicle match the identifying
numbers on the certificate of title or manufacturer's
statement of origin;
(3) a bill of sale properly executed on behalf of the
purchaser; and
(4) for a new manufactured home, a warranty, and in
the case of a manufactured home for which the warranty has
been reinstated, a copy of the warranty; if no warranty is
provided, a disclosure or statement that the manufactured

HB3575 - 267 - LRB103 29826 RLC 56234 b
home is being sold "AS IS".
(n) This Section does not apply to a seller who privately
owns his or her manufactured home as his or her main residence
and is selling the manufactured home to another individual or
to a licensee so long as that individual does not sell more
than 2 manufactured homes in one 12-month period.
(o) This Section does not apply to any person licensed
under the Real Estate License Act of 2000.
(p) The Secretary of State may adopt any rules necessary
to implement this Section.
(q) Any individual or entity licensed as a manufactured
home dealer or a community-based manufactured home dealer on
the effective date of this Section shall be entitled to act as
a manufactured home dealer under this Section for the duration
of any license in effect on the effective date of this
amendatory Act of the 102nd General Assembly, and shall be
eligible to be issued a manufactured home dealer's license
under this Section upon the expiration of any such license.
(Source: P.A. 102-941, eff. 7-1-22.)
(625 ILCS 5/6-121)
Sec. 6-121. Issuance of confidential drivers' licenses.
(a) Requirements for use of confidential drivers'
licenses. Confidential drivers' licenses may be issued to
local, state, and federal government agencies for bona fide
law enforcement purposes. The drivers' licenses may be issued

HB3575 - 268 - LRB103 29826 RLC 56234 b
with fictitious names and addresses, and may be used only for
confidential, investigative, or undercover law enforcement
operations. Confidential drivers' licenses may be issued as
REAL ID compliant or non-compliant driver's licenses.
(b) Application procedures for confidential drivers'
licenses:
(1) Applications by local, state, and federal
government agencies for confidential drivers' licenses
must be made to the Secretary of State Police Department
on a form and in a manner prescribed by the Secretary of
State Police Department.
(2) The application form must include information, as
specific as possible without compromising investigations
or techniques, setting forth the need for the drivers'
licenses and the uses to which the licenses will be
limited.
(3) The application form must be signed and verified
by the local, state, or federal government agency head or
designee.
(4) Registration information maintained by the
Secretary of State Police Department for confidential
drivers' licenses must show the fictitious names and
addresses on all records subject to public disclosure. All
other information concerning these confidential drivers'
licenses are exempt from disclosure unless the disclosure
is ordered by a court of competent jurisdiction.

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(c) Revocation and cancellation procedures for
confidential drivers' licenses:
(1) The Secretary of State Police Department may
revoke or refuse to renew confidential drivers' licenses
when they have reasonable cause to believe the licenses
are being used for purposes other than those set forth in
the application form or authorized by this Section.
Confidential drivers' licenses may also be revoked where
traffic violation citations have been issued to the driver
and subsequent investigation reveals that the issuance of
the citations was unrelated to the purposes for which the
confidential driver's license was issued. In such cases,
the citations and any resulting court orders, convictions,
supervisions or other sanctions must be treated by the
Secretary of State as though they were issued in relation
to the true driver's license of the individual to whom the
confidential driver's license was issued.
(2) A government agency must request cancellation of
confidential drivers' licenses that are no longer required
for the purposes for which they were issued.
(3) All revoked confidential drivers' licenses must be
promptly returned to the Secretary of State Police
Department by the government agency to which they were
issued.
(Source: P.A. 100-248, eff. 8-22-17.)

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(625 ILCS 5/11-501.01)
Sec. 11-501.01. Additional administrative sanctions.
(a) After a finding of guilt and prior to any final
sentencing or an order for supervision, for an offense based
upon an arrest for a violation of Section 11-501 or a similar
provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an
alcohol, drug, or intoxicating compound abuse problem exists
and the extent of the problem, and undergo the imposition of
treatment as appropriate. Programs conducting these
evaluations shall be licensed by the Department of Human
Services. The cost of any professional evaluation shall be
paid for by the individual required to undergo the
professional evaluation.
(b) Any person who is found guilty of or pleads guilty to
violating Section 11-501, including any person receiving a
disposition of court supervision for violating that Section,
may be required by the Court to attend a victim impact panel
offered by, or under contract with, a county State's
Attorney's office, a probation and court services department,
Mothers Against Drunk Driving, or the Alliance Against
Intoxicated Motorists. All costs generated by the victim
impact panel shall be paid from fees collected from the
offender or as may be determined by the court.
(c) (Blank).
(d) The Secretary of State shall revoke the driving

HB3575 - 271 - LRB103 29826 RLC 56234 b
privileges of any person convicted under Section 11-501 or a
similar provision of a local ordinance.
(e) The Secretary of State shall require the use of
ignition interlock devices for a period not less than 5 years
on all vehicles owned by a person who has been convicted of a
second or subsequent offense of Section 11-501 or a similar
provision of a local ordinance. The person must pay to the
Secretary of State DUI Administration Fund an amount not to
exceed $30 for each month that he or she uses the device. The
Secretary shall establish by rule and regulation the
procedures for certification and use of the interlock system,
the amount of the fee, and the procedures, terms, and
conditions relating to these fees. During the time period in
which a person is required to install an ignition interlock
device under this subsection (e), that person shall only
operate vehicles in which ignition interlock devices have been
installed, except as allowed by subdivision (c)(5) or (d)(5)
of Section 6-205 of this Code.
(f) (Blank).
(g) The Secretary of State Police DUI Fund is created as a
special fund in the State treasury and, subject to
appropriation, shall be used for enforcement and prevention of
driving while under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds or any combination
thereof, as defined by Section 11-501 of this Code, including,
but not limited to, the purchase of law enforcement equipment

HB3575 - 272 - LRB103 29826 RLC 56234 b
and commodities to assist in the prevention of alcohol-related
criminal violence throughout the State; police officer
training and education in areas related to alcohol-related
crime, including, but not limited to, DUI training; and police
officer salaries, including, but not limited to, salaries for
hire back funding for safety checkpoints, saturation patrols,
and liquor store sting operations.
(h) Whenever an individual is sentenced for an offense
based upon an arrest for a violation of Section 11-501 or a
similar provision of a local ordinance, and the professional
evaluation recommends remedial or rehabilitative treatment or
education, neither the treatment nor the education shall be
the sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor
compliance with any remedial education or treatment
recommendations contained in the professional evaluation.
Programs conducting alcohol or other drug evaluation or
remedial education must be licensed by the Department of Human
Services. If the individual is not a resident of Illinois,
however, the court may accept an alcohol or other drug
evaluation or remedial education program in the individual's
state of residence. Programs providing treatment must be
licensed under existing applicable alcoholism and drug
treatment licensure standards.
(i) (Blank).
(j) A person that is subject to a chemical test or tests of

HB3575 - 273 - LRB103 29826 RLC 56234 b
blood under subsection (a) of Section 11-501.1 or subdivision
(c)(2) of Section 11-501.2 of this Code, whether or not that
person consents to testing, shall be liable for the expense up
to $500 for blood withdrawal by a physician authorized to
practice medicine, a licensed physician assistant, a licensed
advanced practice registered nurse, a registered nurse, a
trained phlebotomist, a licensed paramedic, or a qualified
person other than a police officer approved by the Illinois
State Police to withdraw blood, who responds, whether at a law
enforcement facility or a health care facility, to a police
department request for the drawing of blood based upon refusal
of the person to submit to a lawfully requested breath test or
probable cause exists to believe the test would disclose the
ingestion, consumption, or use of drugs or intoxicating
compounds if:
(1) the person is found guilty of violating Section
11-501 of this Code or a similar provision of a local
ordinance; or
(2) the person pleads guilty to or stipulates to facts
supporting a violation of Section 11-503 of this Code or a
similar provision of a local ordinance when the plea or
stipulation was the result of a plea agreement in which
the person was originally charged with violating Section
11-501 of this Code or a similar local ordinance.
(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)

HB3575 - 274 - LRB103 29826 RLC 56234 b
(625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
Sec. 11-1301.3. Unauthorized use of parking places
reserved for persons with disabilities.
(a) It shall be prohibited to park any motor vehicle which
is not properly displaying registration plates or decals
issued to a person with disabilities, as defined by Section
1-159.1, pursuant to Sections 3-616, 11-1301.1 or 11-1301.2,
or to a veteran with a disability pursuant to Section 3-609 of
this Act, as evidence that the vehicle is operated by or for a
person with disabilities or a veteran with a disability, in
any parking place, including any private or public offstreet
parking facility, specifically reserved, by the posting of an
official sign as designated under Section 11-301, for motor
vehicles displaying such registration plates. It shall be
prohibited to park any motor vehicle in a designated access
aisle adjacent to any parking place specifically reserved for
persons with disabilities, by the posting of an official sign
as designated under Section 11-301, for motor vehicles
displaying such registration plates. When using the parking
privileges for persons with disabilities, the parking decal or
device must be displayed properly in the vehicle where it is
clearly visible to law enforcement personnel, either hanging
from the rearview mirror or placed on the dashboard of the
vehicle in clear view. Disability license plates and parking
decals and devices are not transferable from person to person.
Proper usage of the disability license plate or parking decal

HB3575 - 275 - LRB103 29826 RLC 56234 b
or device requires the authorized holder to be present and
enter or exit the vehicle at the time the parking privileges
are being used. It is a violation of this Section to park in a
space reserved for a person with disabilities if the
authorized holder of the disability license plate or parking
decal or device does not enter or exit the vehicle at the time
the parking privileges are being used. Any motor vehicle
properly displaying a disability license plate or a parking
decal or device containing the International symbol of access
issued to persons with disabilities by any local authority,
state, district, territory or foreign country shall be
recognized by State and local authorities as a valid license
plate or device and receive the same parking privileges as
residents of this State.
(a-1) An individual with a vehicle displaying disability
license plates or a parking decal or device issued to a
qualified person with a disability under Sections 3-616,
11-1301.1, or 11-1301.2 or to a veteran with a disability
under Section 3-609 is in violation of this Section if (i) the
person using the disability license plate or parking decal or
device is not the authorized holder of the disability license
plate or parking decal or device or is not transporting the
authorized holder of the disability license plate or parking
decal or device to or from the parking location and (ii) the
person uses the disability license plate or parking decal or
device to exercise any privileges granted through the

HB3575 - 276 - LRB103 29826 RLC 56234 b
disability license plate or parking decals or devices under
this Code.
(a-2) A driver of a vehicle displaying disability license
plates or a parking decal or device issued to a qualified
person with a disability under Section 3-616, 11-1301.1, or
11-1301.2 or to a veteran with a disability under Section
3-609 is in violation of this Section if (i) the person to whom
the disability license plate or parking decal or device was
issued is deceased and (ii) the driver uses the disability
license plate or parking decal or device to exercise any
privileges granted through a disability license plate or
parking decal or device under this Code.
(b) Any person or local authority owning or operating any
public or private offstreet parking facility may, after
notifying the police or sheriff's department, remove or cause
to be removed to the nearest garage or other place of safety
any vehicle parked within a stall or space reserved for use by
a person with disabilities which does not display person with
disabilities registration plates or a special decal or device
as required under this Section.
(c) Any person found guilty of violating the provisions of
subsection (a) shall be fined $250 in addition to any costs or
charges connected with the removal or storage of any motor
vehicle authorized under this Section; but municipalities by
ordinance may impose a fine up to $350 and shall display signs
indicating the fine imposed. If the amount of the fine is

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subsequently changed, the municipality shall change the sign
to indicate the current amount of the fine. It shall not be a
defense to a charge under this Section that either the sign
posted pursuant to this Section or the intended accessible
parking place does not comply with the technical requirements
of Section 11-301, Department regulations, or local ordinance
if a reasonable person would be made aware by the sign or
notice on or near the parking place that the place is reserved
for a person with disabilities.
(c-1) Any person found guilty of violating the provisions
of subsection (a-1) a first time shall be fined $600. Any
person found guilty of violating subsection (a-1) a second or
subsequent time shall be fined $1,000. Any person who violates
subsection (a-2) is guilty of a Class A misdemeanor and shall
be fined $2,500. The circuit clerk shall distribute 50% of the
fine imposed on any person who is found guilty of or pleads
guilty to violating this Section, including any person placed
on court supervision for violating this Section, to the law
enforcement agency that issued the citation or made the
arrest. If more than one law enforcement agency is responsible
for issuing the citation or making the arrest, the 50% of the
fine imposed shall be shared equally. If an officer of the
Secretary of State Department of Police arrested a person for
a violation of this Section, 50% of the fine imposed shall be
deposited into the Secretary of State Police Services Fund.
(d) Local authorities shall impose fines as established in

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subsections (c) and (c-1) for violations of this Section.
(e) As used in this Section, "authorized holder" means an
individual issued a disability license plate under Section
3-616 of this Code, an individual issued a parking decal or
device under Section 11-1301.2 of this Code, or an individual
issued a license plate for veterans with disabilities under
Section 3-609 of this Code.
(f) Any person who commits a violation of subsection (a-1)
or a similar provision of a local ordinance may have his or her
driving privileges suspended or revoked by the Secretary of
State for a period of time determined by the Secretary of
State. Any person who commits a violation of subsection (a-2)
or a similar provision of a local ordinance shall have his or
her driving privileges revoked by the Secretary of State. The
Secretary of State may also suspend or revoke the disability
license plates or parking decal or device for a period of time
determined by the Secretary of State.
(g) Any police officer may seize the parking decal or
device from any person who commits a violation of this
Section. Any police officer may seize the disability license
plate upon authorization from the Secretary of State. Any
police officer may request that the Secretary of State revoke
the parking decal or device or the disability license plate of
any person who commits a violation of this Section.
(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)

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(625 ILCS 5/18a-101) (from Ch. 95 1/2, par. 18a-101)
Sec. 18a-101. Declaration of policy and delegation of
jurisdiction. It is hereby declared to be the policy of the
State of Illinois to supervise and regulate the commercial
removal of trespassing vehicles from private property, and the
subsequent relocation and storage of such vehicles in such
manner as to fairly distribute rights and responsibilities
among vehicle owners, private property owners and commercial
vehicle relocators, and for this purpose the power and
authority to administer and to enforce the provisions of this
Chapter shall be vested in the Illinois Commerce Commission,
in cooperation with the Illinois State Police.
(Source: P.A. 80-1459.)
(625 ILCS 5/18a-101.5 new)
Sec. 18a-101.5. Police enforcement granted to the Illinois
State Police. The enforcement and investigatory functions
under this Chapter granted to the Illinois Commerce Commission
Police Force, which is abolished on and after the effective
date of this amendatory Act of the 103rd General Assembly,
shall be transferred to the Illinois State Police. The
Illinois Commerce Commission shall cooperate with the Illinois
State Police for this purpose.
(625 ILCS 5/18a-200) (from Ch. 95 1/2, par. 18a-200)
Sec. 18a-200. General powers and duties of Commission. The

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CommissionCommission, in cooperation with the Illinois State
Police, shall:
(1) Regulate commercial vehicle relocators and their
employees or agents in accordance with this Chapter and to
that end may establish reasonable requirements with respect to
proper service and practices relating thereto;
(2) Require the maintenance of uniform systems of
accounts, records and the preservation thereof;
(3) Require that all drivers and other personnel used in
relocation be employees of a licensed relocator;
(4) Regulate equipment leasing to and by relocators;
(5) Adopt reasonable and proper rules covering the
exercise of powers conferred upon it by this Chapter, and
reasonable rules governing investigations, hearings and
proceedings under this Chapter;
(6) Set reasonable rates for the commercial towing or
removal of trespassing vehicles from private property. The
rates shall not exceed the mean average of the 5 highest rates
for police tows within the territory to which this Chapter
applies that are performed under Sections 4-201 and 4-214 of
this Code and that are of record at hearing; provided that the
Commission shall not re-calculate the maximum specified herein
if the order containing the previous calculation was entered
within one calendar year of the date on which the new order is
entered. Set reasonable rates for the storage, for periods in
excess of 24 hours, of the vehicles in connection with the

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towing or removal; however, no relocator shall impose charges
for storage for the first 24 hours after towing or removal. Set
reasonable rates for other services provided by relocators,
provided that the rates shall not be charged to the owner or
operator of a relocated vehicle. Any fee charged by a
relocator for the use of a credit card that is used to pay for
any service rendered by the relocator shall be included in the
total amount that shall not exceed the maximum reasonable rate
established by the Commission. The Commission shall require a
relocator to refund any amount charged in excess of the
reasonable rate established by the Commission, including any
fee for the use of a credit card;
(7) Investigate and maintain current files of the criminal
records, if any, of all relocators and their employees and of
all applicants for relocator's license, operator's licenses
and dispatcher's licenses. If the Commission determines that
an applicant for a license issued under this Chapter will be
subjected to a criminal history records check, the applicant
shall submit his or her fingerprints to the Illinois State
Police in the form and manner prescribed by the Illinois State
Police. These fingerprints shall be checked against the
Illinois State Police and Federal Bureau of Investigation
criminal history record information databases now and
hereafter filed. The Illinois State Police shall charge the
applicant a fee for conducting the criminal history records
check, which shall be deposited in the State Police Services

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Fund and shall not exceed the actual cost of the records check.
The Illinois State Police shall furnish pursuant to positive
identification, records of conviction to the Commission;
(8) Issue relocator's licenses, dispatcher's employment
permits, and operator's employment permits in accordance with
Article IV of this Chapter;
(9) Establish fitness standards for applicants seeking
relocator licensees and holders of relocator licenses;
(10) Upon verified complaint in writing by any person,
organization or body politic, or upon its own initiative may,
investigate whether any commercial vehicle relocator,
operator, dispatcher, or person otherwise required to comply
with any provision of this Chapter or any rule promulgated
hereunder, has failed to comply with any provision or rule;
(11) Whenever the Commission receives notice from the
Secretary of State that any domestic or foreign corporation
regulated under this Chapter has not paid a franchise tax,
license fee or penalty required under the Business Corporation
Act of 1983, institute proceedings for the revocation of the
license or right to engage in any business required under this
Chapter or the suspension thereof until such time as the
delinquent franchise tax, license fee or penalty is paid.
(Source: P.A. 102-538, eff. 8-20-21.)
(625 ILCS 5/18c-1104) (from Ch. 95 1/2, par. 18c-1104)
Sec. 18c-1104. Definitions. The following terms, when used

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in this Chapter, have the hereinafter designated meanings
unless their context clearly indicates otherwise:
(1) "Broker" means any person other than a motor carrier
of property, that arranges, offers to arrange, or holds itself
out, by solicitation, advertisement, or otherwise, as
arranging or offering to arrange for-hire transportation of
property or other service in connection therewith by a motor
carrier of property which holds or is required to hold a
license issued by the Commission.
(2) "Carrier" means any motor carrier or rail carrier
other than a private carrier.
(3) "Certificate" means a certificate of public
convenience and necessity issued under this Chapter to common
carriers of household goods.
(4) "Commission" means the Illinois Commerce Commission.
(5) "Commission regulations and orders" means rules and
regulations adopted and orders or decisions issued by the
Commission pursuant to this Chapter; any certificate, permit,
broker's license or other license or registration issued
pursuant to such rules, regulations, orders and decisions; and
all terms, conditions, or limitations thereof.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(8.5) "Department" means the Illinois State Police.
(9) "Discrimination" means undue discrimination in the

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context of the particular mode of transportation involved.
(10) "Farm crossing" means a crossing used for
agricultural and livestock purposes only.
(11) "For-hire" means for compensation or hire, regardless
of the form of compensation and whether compensation is direct
or indirect.
(12) "Freight forwarder" means any person other than a
motor carrier, rail carrier, or common carrier by pipeline
which holds itself out as a common carrier to provide
transportation of property, for compensation or hire, which,
in the rendition of its services:
(a) Undertakes responsibility for the consolidation
(where applicable), transportation, break-bulk (where
applicable), and distribution of such property from the
point of receipt to the point of delivery; and
(b) Utilizes, for the transportation of such property,
the services of one or more motor carriers or rail
carriers.
(13) "Hazardous material" means any substance or material
in a quantity and form determined by the federal Office of
Hazardous Materials and the Federal Railroad Administration to
be capable of posing an unreasonable risk to health, safety,
or property when transported in commerce.
(13.1) "Household goods" means:
(A) Personal effects and property used or to be used
in a dwelling when a part of the equipment or supply of

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such dwelling; except that this subdivision (13.1) shall
not be construed to include property moving from a factory
or store, except such property as the householder has
purchased with intent to use in his or her dwelling and
that is transported at the request of, and the
transportation charges paid to the carrier by, the
householder;
(B) Furniture, fixtures, equipment, and the property
of stores, offices, museums, institutions, hospitals, or
other establishments, when a part of the stock, equipment,
or supply of such stores, offices, museums, institutions,
hospitals, or other establishments; except that this
subdivision (13.1) shall not be construed to include the
stock-in-trade of any establishment, whether consignor or
consignee, other than used furniture and used fixtures,
except when transported as an incident to the moving of
the establishment, or a portion thereof, from one location
to another; and
(C) Articles, including, but not limited to, objects
of art, displays, and exhibits, which, because of their
unusual nature or value, require the specialized handling
and equipment usually employed in moving household goods;
except that this subdivision (13.1) shall not be construed
to include any article, whether crated or uncrated, that
does not, because of its unusual nature or value, require
the specialized handling and equipment usually employed in

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moving household goods.
(13.2) "Household goods carrier" means a motor carrier of
property authorized to transport household goods.
(13.3) "Household goods common carrier" means any
household goods carrier engaged in transportation for the
general public over regular or irregular routes. Household
goods common carriers may also be referred to as "common
carriers of household goods".
(13.4) "Household goods contract carrier" means any
household goods carrier engaged in transportation under
contract with a limited number of shippers (that shall not be
freight forwarders, shippers' agents or brokers) that either
(a) assigns motor vehicles for a continuing period of time to
the exclusive use of the shipper or shippers served, or (b)
furnishes transportation service designed to meet the distinct
need of the shipper or shippers served. Household goods
contract carriers may also be referred to as "contract
carriers of household goods".
(14) "Interstate carrier" means any person engaged in the
for-hire transportation of persons or property in interstate
or foreign commerce in this State, whether or not such
transportation is pursuant to authority issued to it by the
Interstate Commerce Commission.
(15) "Intrastate carrier" means any person engaged in the
for-hire transportation of persons or property in intrastate
commerce in this State.

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(16) "Interstate commerce" means commerce between a point
in the State of Illinois and a point outside the State of
Illinois, or between points outside the State of Illinois when
such commerce moves through Illinois, or between points in
Illinois moving through another state in a bona fide operation
that is either exempt from federal regulation or moves under a
certificate or permit issued by the Interstate Commerce
Commission authorizing interstate transportation, whether such
commerce moves wholly by motor vehicle or partly by motor
vehicle and partly by any other regulated means of
transportation where the commodity does not come to rest or
change its identity during the movement, and includes commerce
originating or terminating in a foreign country moving through
the State of Illinois.
(17) "Intrastate commerce" means commerce moving wholly
between points within the State of Illinois, whether such
commerce moves wholly by one transportation mode or partly by
one mode and partly by any other mode of transportation.
(18) "License" means any certificate, permit, broker's
license, or other license issued under this Chapter. For
purposes of Article III of Sub-chapter 4 of this Chapter,
"license" does not include a "public carrier certificate".
(19) "Motor carrier" means any person engaged in the
transportation of property or passengers, or both, for hire,
over the public roads of this State, by motor vehicle. Motor
carriers engaged in the transportation of property are

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referred to as "motor carriers of property"; motor carriers
engaged in the transportation of passengers are referred to as
"motor carriers of passengers" or "bus companies".
(20) "Motor vehicle" means any vehicle, truck,
trucktractor, trailer or semitrailer propelled or drawn by
mechanical power and used upon the highways of the State in the
transportation of property or passengers.
(21) "Non-relocation towing" means the:
(a) For-hire transportation of vehicles by use of
wrecker or towing equipment, other than the removal of
trespassing vehicles from private property subject to the
provisions of Chapter 18a of this Code, and other than
transportation exempted by Section 18c-4102; and
(b) For-hire towing of wheeled property other than
vehicles.
(22) "Notice" means with regard to all proceedings except
enforcement proceedings instituted on the motion of the
Commission, and except for interstate motor carrier
registrations, public notice by publication in the official
state newspaper, unless otherwise provided in this Chapter.
(23) "Official state newspaper" means the newspaper
designated and certified to the Commission annually by the
Director of Central Management Services of the State of
Illinois, or, if said Director fails to certify to the
Commission the name and address of the official newspaper
selected by the Director prior to expiration of the previous

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certification, the newspaper designated in the most recent
certification.
(24) "Party" means any person admitted as a party to a
Commission proceeding or seeking and entitled as a matter of
right to admission as a party to a Commission proceeding.
(25) "Permit" means a permit issued under this Chapter to
contract carriers of property by motor vehicle.
(26) "Person" means any natural person or legal entity,
whether such entity is a proprietorship, partnership,
corporation, association, or other entity, and, where a
provision concerns the acts or omissions of a person, includes
the partners, officers, employees, and agents of the person,
as well as any trustees, assignees, receivers, or personal
representatives of the person.
(27) "Private carrier by motor vehicle" means any person
engaged in the transportation of property or passengers by
motor vehicle other than for hire, whether the person is the
owner, lessee or bailee of the lading or otherwise, when the
transportation is for the purpose of sale, lease, or bailment
and in furtherance of the person's primary business, other
than transportation. "Private carriers by motor vehicle" may
be referred to as "private carriers". Ownership, lease or
bailment of the lading is not sufficient proof of a private
carrier operation if the carrier is, in fact, engaged in the
transportation of property for-hire.
(27.1) "Public carrier" means a motor carrier of property,

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other than a household goods carrier.
(27.2) "Public carrier certificate" means a certificate
issued to a motor carrier to transport property, other than
household goods, in intrastate commerce. The issuance of a
public carrier certificate shall not be subject to the
provisions of Article I of Sub-chapter 2 of this Chapter.
(28) "Public convenience and necessity" shall be construed
to have the same meaning under this Chapter as it was construed
by the courts to have under the Illinois Motor Carrier of
Property Law, with respect to motor carriers of property, and
the Public Utilities Act with respect to motor carriers of
passengers and rail carriers.
(29) "Public interest" shall be construed to have the same
meaning under this Chapter as it was construed by the courts to
have under the Illinois Motor Carrier of Property Law.
(30) "Rail carrier" means any person engaged in the
transportation of property or passengers for hire by railroad,
together with all employees or agents of such person or
entity, and all property used, controlled, or owned by such
person or entity.
(31) "Railroad" means track and associated structures,
including bridges, tunnels, switches, spurs, terminals and
other facilities, and equipment, including engines, freight
cars, passenger cars, cabooses, and other equipment, used in
the transportation of property or passengers by rail.
(32) "Rail yard" means a system of parallel tracks,

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cross-overs and switches where cars are switched and made up
into trains, and where cars, locomotives, and other rolling
stock are kept when not in use or awaiting repairs. A "rail
yard" may also be referred to as a "yard".
(33) "Rate" means every individual or joint rate, fare,
toll, or charge of any carrier or carriers, any provisions
relating to application thereof, and any tariff or schedule
containing rates and provisions. The term "tariff" refers to a
publication or document containing motor common carrier rates
and provisions or rates and provisions applicable via rail
carrier under contracts established pursuant to 49 U.S. Code
10713. The term "schedule" refers to a publication or document
containing motor contract carrier rates and provisions.
(34) "Registration" means a registration issued to an
interstate carrier.
(35) "Shipper" means the consignor or consignee.
(36) "Terminal area" means, in addition to the area within
the corporate boundary of an incorporated city, village,
municipality, or community center, the area (whether
incorporated or unincorporated) within 10 air miles of the
corporate limits of the base city, village, municipality, or
community center, including all of any city, village or
municipality which lies within such area.
(37) "Transfer" means the sale, lease, consolidation,
merger, acquisition or change of control, or other transfer of
a license, in whole or in part.

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(38) "Transportation" means the actual movement of
property or passengers by motor vehicle (without regard to
ownership of vehicles or equipment used in providing
transportation service) or rail together with loading,
unloading, and any other accessorial or ancillary service
provided by the carrier in connection with movement by motor
vehicle or rail, which is performed by or on behalf of the
carriers, its employees or agents, or under the authority or
direction of the carrier or under the apparent authority or
direction and with the knowledge of the carrier.
Transportation of property by motor vehicle includes driveaway
or towaway delivery service.
(39) "Towing" means the pushing, towing, or drawing of
wheeled property by means of a crane, hoist, towbar, towline,
or auxiliary axle.
(40) "Wrecker or towing equipment" means tow trucks or
auxiliary axles, when used in relation to towing accidentally
wrecked or disabled vehicles; and roll-back carriers or
trailers, when used in relation to transporting accidentally
wrecked or disabled vehicles. Wrecker or towing equipment does
not include car carriers or trailers other than roll-back car
carriers or trailers.
(Source: P.A. 89-42, eff. 1-1-96; 89-444, eff. 1-25-96; 90-14,
eff. 7-1-97.)
(625 ILCS 5/18c-1201.5 new)

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Sec. 18c-1201.5. Police enforcement granted to the
Illinois State Police. The police enforcement and
investigatory functions under this Chapter granted to the
Illinois Commerce Commission Police Force, which is abolished
on and after the effective date of this amendatory Act of the
103rd General Assembly, shall be transferred to the Illinois
State Police. The Illinois Commerce Commission shall cooperate
with the Illinois State Police for this purpose.
(625 ILCS 5/18c-1202) (from Ch. 95 1/2, par. 18c-1202)
Sec. 18c-1202. Enumeration of Powers. The Commission, in
cooperation with the Department, shall have the power to:
(1) Administer and enforce provisions of this Chapter;
(2) Regulate the entry, exit, and services of carriers; as
to public carriers, this power is limited to matters relating
to insurance and safety standards;
(3) Regulate rates and practices of household goods
carriers, rail carriers, passenger carriers, and common
carriers by pipeline;
(4) Establish and maintain systems of accounting as well
as reporting and record-keeping requirements for household
goods carriers, rail carriers, passenger carriers, and common
carriers by pipeline;
(5) Establish and maintain systems for the classification
of carriers, commodities and services;
(6) Regulate practices, terms and conditions relating to

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the leasing of equipment and to the interchange of equipment
among carriers; as to public carriers, this power is limited
to matters relating to insurance and safety standards;
(7) Protect the public safety through insurance and safety
standards;
(8) Regulate brokers in accordance with provisions of this
Chapter;
(9) Adopt appropriate regulations setting forth the
standards and procedures by which it will administer and
enforce this Chapter, with such regulations being uniform for
all modes of transportation or different for the different
modes as will, in the opinion of the Commission, best
effectuate the purposes of this Chapter;
(10) Conduct hearings and investigations, on its own
motion or the motion of a person;
(11) Adjudicate disputes, hear complaints or other
petitions for relief, and settle such matters by stipulation
or agreement;
(12) Create special procedures for the receipt and
handling of consumer complaints;
(13) Issue certificates describing the extent to which a
person is exempt under the provisions of this Chapter;
(14) Construe this Chapter, Commission regulations and
orders, except that the rule of ejusdem generis shall not be
applicable in the construction or interpretation of any
license, certificate or permit originally issued under the

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Illinois Motor Carrier of Property Law and now governed by
subchapter 4 of this Chapter or issued under subchapter 4 of
this Chapter prior to July 1, 1989;
(15) Employ such persons as are needed to administer and
enforce this Chapter, in such capacities as they are needed,
whether as hearings examiners, special examiners, enforcement
officers, investigators, or otherwise;
(16) Create advisory committees made up of representatives
of the various transportation modes, shippers, receivers, or
other members of the public;
(17) Initiate and participate in proceedings in the
federal or State courts, and in proceedings before federal or
other State agencies, to the extent necessary to effectuate
the purposes of this Chapter, provided that participation in
specific proceedings is directed, in writing, by the
Commission;
(18) Direct any telecommunications carrier to disconnect
the telephone number published in any commercial listing of
any household goods carrier that does not have a valid license
issued by the Commission.
(Source: P.A. 89-444, eff. 1-25-96.)
(625 ILCS 5/18c-1204) (from Ch. 95 1/2, par. 18c-1204)
Sec. 18c-1204. Transportation Division.
(1) Establishment. There shall be established within the
staff of the Commission a Transportation Division in which

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primary staff responsibility for the administration and
enforcement of this Chapter and Chapter 18a shall be vested.
The Transportation Division shall be headed by a division
manager responsible to the executive director.
(2) Structure. The Transportation Division shall consist
of 4 programs and 2 offices. The 4 programs shall be
Compliance, Review and Examination, Docketing and Processing,
and Rail Safety. Each program shall be headed by a program
director and responsible to the division manager, except that
in the Compliance Program the 3 staff supervisors shall each
be responsible to the division manager. The 2 offices shall be
the Office of Transportation Counsel and the Office of the
Division Manager. The Office of Transportation Counsel shall
be headed by a Chief Counsel responsible to the Division
Manager. The Division Manager shall coordinate the activities
and responsibilities of the Office of Transportation Counsel
with the executive director and the personal assistant serving
as staff counsel to the executive director in the office of the
executive director, and with the Commission.
(a) The Compliance Program.
(i) The Compliance Program shall consist of a
police staff, a rate auditing staff, and a civil
penalties staff. These staffs shall be headed by a
Chief of Police, a Supervisor of Tariffs and Audits,
and a Supervisor of Civil Penalties, respectively.
(ii) (Blank). The police staff shall be divided

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into districts with a field office in each district.
Each district shall be headed by a working supervisor
responsible to the Chief of Police. All staff
responsibility for enforcement of this Chapter, except
with regard to rail safety, shall be vested in the
Compliance Program.
(b) The Review and Examination Program.
(i) Staff responsibility for review of all
nonhearing matters under this Chapter and Chapter 18a
and examination of all matters assigned for hearing
under this Chapter and Chapter 18a shall be vested in
the Review and Examination Program, except as
otherwise provided in Section 18c-1204b.
(ii) Hearing examiners in the program shall have
responsibility for developing a full, complete and
impartial record on all issues to be decided in a
proceeding; recommending disposition of the issues or
making an initial decision on them, as provided in
this Chapter; and setting forth in writing the basis
for their recommendations or initial decisions. The
program director shall be the chief hearing examiner
for matters under this Chapter and Chapter 18a with
responsibility to insure consistency of
recommendations and initial decisions.
(c) The Processing and Docketing Program. All staff
responsibility for docketing and processing filings,

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accounting of receipts and expenditures, issuing, file
maintenance and other processing functions under this
Chapter and Chapter 18a shall be vested in the Processing
Program.
(d) The Rail Safety Program. Staff responsibility for
administration and enforcement of the rail safety
provisions of this Chapter shall be vested in the Rail
Safety Program.
(e) The Office of Transportation Counsel.
(i) All Commission staff responsibility for
provision of legal services in connection with any
matter under this Chapter, excepting any matter under
subchapters 7 and 8 of this Chapter, or in connection
with any matter under Chapter 18a shall, except with
regard to functions vested in the review and
examination program under paragraph (b) of this
subsection, be vested exclusively in the Office of
Transportation Counsel.
(ii) The Office of Transportation Counsel shall,
when directed through the division manager to do so,
represent the Commission or Commission staff in
administrative or judicial proceedings and render
staff advisory opinions to the executive director and
the Commission.
(f) Levels of Administration. No additional levels of
administration, supervision or authority shall be

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superimposed, or remain superimposed, between levels
prescribed under this Section, and no organizational units
may be created within the Transportation Division except
as prescribed under this Section.
(3) Additional Functions. Staff functions relating to
rulemaking, policy recommendations and advisory committees
under this Chapter and Chapter 18a shall be vested in the
Transportation Division.
The staff shall prepare and distribute to the General
Assembly, in April of each year, a report on railway accidents
in Illinois which involve hazardous materials. The report
shall include the location, substance involved, amounts
involved, and the suspected reason for each accident. The
report shall also reveal the rail line and point of origin of
the hazardous material involved in each accident.
(Source: P.A. 88-415.)
(625 ILCS 5/18c-1205) (from Ch. 95 1/2, par. 18c-1205)
Sec. 18c-1205. Qualifications of Transportation Compliance
Program Staff.
(1) General provisions. The manager of the Transportation
Division shall establish and adhere to written professional
standards and procedures for the employment, education and
training, performance and dismissal of all nonclerical
compliance program personnel. Such standards and procedures
shall include:

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(a) (Blank); Merit standards and procedures, and
education requirements, applicable to State troopers, and
training requirements at least equivalent to that received
from a police training school approved by the Illinois Law
Enforcement Training Standards Board, together with such
additional qualifications as are needed under this
Chapter, for all nonclerical field operations personnel;
(b) Successful completion of an accredited accounting
or transportation-related education program, or at least 4
years experience in motor carrier rate analysis or
auditing, plus such additional qualifications as are
needed under this Chapter, for all nonclerical rate
auditing personnel; and
(c) Successful completion of an accredited legal or
paralegal education program, or equivalent administrative
law experience, plus such additional qualifications as are
needed under this Chapter, for all nonclerical civil
penalties program personnel.
(2) (Blank). Merit Selection Committee. Standards and
procedures under this Section for police shall include the
establishment of one or more merit selection committees, each
composed of one Commission employee and no fewer than 3, nor
more than 5, persons who are not employed by the Commission,
each of whom shall from time to time be designated by the
division manager, subject to the approval of the Commission.
The division manager shall submit a list of candidates to the

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committee or subcommittee thereof for its consideration. The
committee or subcommittee thereof shall interview each
candidate on the list and rate those interviewed as "most
qualified", "qualified", or "not qualified". The committee
shall recommend candidates rated "most qualified" and
"qualified" to the division manager. In filling positions to
which this Section applies, the division manager shall first
offer the position to persons rated "most qualified". If all
persons rated "most qualified" have been offered the position
and each failed to accept the offer within the time specified
by the division manager in the offer, the position may be
offered to a person rated "qualified". Only persons rated
"most qualified" or "qualified" shall be offered positions
within the Compliance Program.
(3) (Blank). The Commission shall authorize to each
employee of the Commission exercising the powers of a peace
officer a distinct badge that, on its face, (i) clearly states
the badge is authorized by the Commission and (ii) contains a
unique identifying number. No other badge shall be authorized
by the Commission.
(Source: P.A. 91-357, eff. 7-29-99; 91-883, eff. 1-1-01.)
(625 ILCS 5/18c-4101) (from Ch. 95 1/2, par. 18c-4101)
Sec. 18c-4101. Scope of Commission Jurisdiction. Except as
provided in Section 18c-4102 of this Chapter, the jurisdiction
of the Commission, in cooperation with the Department, shall

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extend to all motor carriers of property operating within the
State of Illinois.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-4308) (from Ch. 95 1/2, par. 18c-4308)
Sec. 18c-4308. Enforcement of Transfer Requirements. The
Commission may, in cooperation with the Department, on its own
motion or on complaint, investigate and determine whether
violations of this Article have occurred. When the Commission
determines that a carrier or other person is violating the
provisions of this Article it shall by order require the
carrier or other person to take whatever action is necessary
to prevent continuance of the violation, and may, in addition,
impose sanctions as provided in this Chapter.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-6101) (from Ch. 95 1/2, par. 18c-6101)
Sec. 18c-6101. Scope of Commission Jurisdiction. Except as
provided in Section 18c-6102 of this Chapter, the jurisdiction
of the Commission, in cooperation with the Department, shall
extend to all motor carriers of passengers operating within
the State of Illinois.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-7101) (from Ch. 95 1/2, par. 18c-7101)
Sec. 18c-7101. Jurisdiction Over Rail Carriers. The

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jurisdiction of the Commission, in cooperation with the
Department, under this Sub-chapter shall be exclusive and
shall extend to all intrastate and interstate rail carrier
operations within this State, except to the extent that its
jurisdiction is preempted by valid provisions of the Staggers
Rail Act of 1980 or other valid federal statute, regulation,
or order.
(Source: P.A. 85-406.)
(625 ILCS 5/18c-7403) (from Ch. 95 1/2, par. 18c-7403)
Sec. 18c-7403. Enforcement and Waiver of Safety
Requirements.
(1) Enforcement. The Commission, in cooperation with the
Department, shall have jurisdiction to initiate actions to
enforce the provisions of this Chapter. Except with regard to
grade crossing obstructions under Section 18c-7402 of this
Chapter and trespass on railroad rights of way and yards under
Section 18c-7503 of this Chapter, jurisdiction to initiate
actions to enforce provisions of this Chapter is vested
exclusively in the Commission. Where a valid federal statute,
regulation, or order sets forth procedures or sanctions for
violation of safety standards, and such procedures or
sanctions are preemptive of state law, the Commission shall
exercise its enforcement jurisdiction under this Article in
accordance therewith. Otherwise, the provisions of this
Chapter regarding enforcement procedures and sanctions shall

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apply.
(2) Waiver. The Commission may waive any of the safety
requirements under this Article if continued adherence to the
requirement or requirements is not required for the safety of
railroad employees or the public.
(Source: P.A. 90-257, eff. 7-30-97.)
(625 ILCS 5/18c-7404) (from Ch. 95 1/2, par. 18c-7404)
Sec. 18c-7404. Transportation of Hazardous Materials by
Rail Carriers. (1) Commission to Regulate Hazardous Materials
Transportation by Rail Carrier.
(a) Powers of the Commission. The Commission, in
cooperation with the Department, is authorized to regulate the
transportation of hazardous materials by rail carrier by:
(i) Adopting by reference the hazardous materials
regulations of the Office of Hazardous Materials
Transportation and the Federal Railroad Administration of the
United States Department of Transportation, as amended;
(ii) Conducting investigations, issuing subpoenas, taking
depositions, requiring the production of relevant documents,
records and property, and conducting hearings in aid of such
investigations;
(iii) Conducting a continuing review of all aspects of
hazardous materials transportation by rail carrier to
determine and recommend actions necessary to insure safe
transportation of such materials;

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(iv) Undertaking, directly or indirectly, research,
development, demonstration and training activities;
(v) Cooperating with other State agencies and enter into
interagency agreements; and
(vi) Entering upon, inspecting and examining the records
and properties relating to the transportation of hazardous
materials by rail, including all portions of any facility used
in the loading, unloading, and actual movement of such
materials, or in the storage of such materials incidental to
actual movement by rail;
(vii) Stopping and inspecting trains, at reasonable times
and locations and in a reasonable manner, or taking any other
action necessary to administer or enforce the provisions of
this Section.
(b) Scope of Section. The provisions of this Section apply
generally to the transportation of hazardous materials by rail
carrier within the State of Illinois, but do not apply to:
(i) Natural gas pipelines;
(ii) Transportation of firearms or ammunition for personal
use or in commerce; or
(iii) Transportation exempted by the Commission where the
exemption granted by the Commission is:
(A) Coextensive with an exemption granted by the Office of
Hazardous Materials and the Federal Railroad Administration;
or
(B) Otherwise exempt under statutes or regulations

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governing similar transportation in interstate commerce.
(c) Rail Carriers to Comply with Commission Regulations.
No person shall transport hazardous materials by rail carrier
except in compliance with this Section, Commission regulations
and orders.
(2) Enforcement.
(a) Criminal Penalties. Any person who willfully violates
the provisions of this Section, Commission regulations or
orders shall have committed a class 3 felony and be subject to
criminal penalties in an amount not to exceed $25,000.
(b) Civil Penalties. Any person who knowingly violates the
provisions of this Section, Commission regulations or orders
shall also be subject to civil penalties in an amount not to
exceed $10,000.
(c) Injunctive Relief. The Commission may petition any
circuit court with venue and jurisdiction to enforce this
Chapter to enjoin actions which it has reason to believe may
pose an imminent hazard, and to issue such other orders as will
eliminate or ameliorate the imminent hazard. As used in this
Section, "imminent hazard" means a substantial likelihood that
death, serious illness, or severe personal injury will occur
prior to the time during which an administrative proceeding to
abate the danger could normally be completed.
(3) Commission to Adopt Regulations. The Commission may
adopt regulations governing the transportation of hazardous
materials by rail carrier where:

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(a) The risk created by such transportation is susceptible
to control by regulation;
(b) State regulation would be more effective in
controlling the risk than federal regulation; and
(c) The regulations adopted by the Commission are not
inconsistent with federal regulations.
(Source: P.A. 85-815.)
(625 ILCS 5/18d-111 new)
Sec. 18d-111. Police enforcement granted to the Illinois
State Police. The police enforcement and investigatory
functions under this Chapter granted to the Illinois Commerce
Commission Police Force, which is abolished on and after the
effective date of this amendatory Act of the 103rd General
Assembly, shall be transferred to the Illinois State Police.
The Illinois Commerce Commission shall cooperate with the
Illinois State Police for this purpose.
Section 80. The Snowmobile Registration and Safety Act is
amended by changing Section 2-1 as follows:
(625 ILCS 40/2-1) (from Ch. 95 1/2, par. 602-1)
Sec. 2-1. Enforcement. It is the duty of the Illinois
State Police, all Conservation Police Officers and all
sheriffs, deputy sheriffs, and other police officers to arrest
any person detected in violation of any of the provisions of

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this Act. It is further the duty of all such officers to make
prompt investigation of any violation of the provisions of
this Act reported by any other person, and to cause a complaint
to be filed before the circuit court if there seems just ground
for such complaint and evidence procurable to support the
same.
(Source: P.A. 100-201, eff. 8-18-17.)
Section 85. The Boat Registration and Safety Act is
amended by changing Sections 2-1, 2-4, and 3C-2 as follows:
(625 ILCS 45/2-1) (from Ch. 95 1/2, par. 312-1)
Sec. 2-1. Enforcement.) It is the duty of the Illinois
State Police, all Conservation Police Officers and other
employees of the Department designated by the Director to
enforce this Act, and all sheriffs, deputy sheriffs, and other
police officers to arrest any person detected in violation of
any of the provisions of this Act. It is further the duty of
all such officers to make prompt investigation of any
violation of the provisions of this Act reported by any other
person, and to cause a complaint to be filed before the circuit
court if there seems just ground for such complaint and
evidence procurable to support the same.
(Source: P.A. 82-783.)
(625 ILCS 45/2-4) (from Ch. 95 1/2, par. 312-4)

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Sec. 2-4. Resistance to officers.
(a) It is unlawful for any person to resist or obstruct any
officer or employee of the Department in the discharge of his
or her duties under the provisions hereof.
(b) It is unlawful for the operator of a watercraft,
having been given a signal by an Illinois State Police a
conservation police officer, sheriff, deputy sheriff, or other
police officer directing the operator of the watercraft to
bring the watercraft to a stop, to willfully fail or refuse to
obey the direction, to increase speed, to extinguish lights,
or otherwise flee or attempt to elude the officer. The signal
given by the officer may be by hand, voice, sign, siren, or
blue or red light.
(Source: P.A. 88-524.)
(625 ILCS 45/3C-2) (from Ch. 95 1/2, par. 313C-2)
Sec. 3C-2. Notification to law enforcement agencies. When
an abandoned, lost, stolen or unclaimed watercraft comes into
the temporary possession or custody of a person in this State,
not the owner of the watercraft, such person shall immediately
notify the municipal police when the watercraft is within the
corporate limits of any city, village or town having a duly
authorized police department, or the Illinois State Police,
Conservation Police or the county sheriff when the watercraft
is outside the corporate limits of a city, village or town.
Upon receipt of such notification, the municipal police, State

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Police, Conservation Police, or county sheriff will authorize
a towing service to remove and take possession of the
abandoned, lost, stolen or unclaimed watercraft. The towing
service will safely keep the towed watercraft and its
contents, and maintain a record of the tow as set forth in
Section 3C-4 for law enforcement agencies, until the
watercraft is claimed by the owner or any other person legally
entitled to possession thereof or until it is disposed of as
provided in this Article.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 90. The Clerks of Courts Act is amended by
changing Section 27.3b-1 as follows:
(705 ILCS 105/27.3b-1)
Sec. 27.3b-1. Minimum fines; disbursement of fines.
(a) Unless otherwise specified by law, the minimum fine
for a conviction or supervision disposition on a minor traffic
offense is $25 and the minimum fine for a conviction,
supervision disposition, or violation based upon a plea of
guilty or finding of guilt for any other offense is $75. If the
court finds that the fine would impose an undue burden on the
victim, the court may reduce or waive the fine. In this
subsection (a), "victim" shall not be construed to include the
defendant.
(b) Unless otherwise specified by law, all fines imposed

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on a misdemeanor offense, other than a traffic, conservation,
or driving under the influence offense, or on a felony offense
shall be disbursed within 60 days after receipt by the circuit
clerk to the county treasurer for deposit into the county's
General Fund. Unless otherwise specified by law, all fines
imposed on an ordinance offense or a misdemeanor traffic,
misdemeanor conservation, or misdemeanor driving under the
influence offense shall be disbursed within 60 days after
receipt by the circuit clerk to the treasurer of the unit of
government of the arresting agency. If the arresting agency is
the office of the sheriff, the county treasurer shall deposit
the portion into a fund to support the law enforcement
operations of the office of the sheriff. If the arresting
agency is a State agency, the State Treasurer shall deposit
the portion as follows:
(1) if the arresting agency is the Illinois State
Police, into the State Police Law Enforcement
Administration Fund;
(2) if the arresting agency is the Department of
Natural Resources, into the Conservation Police Operations
Assistance Fund;
(3) if the arresting agency is the Secretary of State,
into the Secretary of State Police Services Fund; and
(4) if the arresting agency is the Illinois Commerce
Commission, into the Transportation Regulatory Fund.
(Source: P.A. 101-636, eff. 6-10-20; 102-538, eff. 8-20-21.)

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Section 95. The Criminal and Traffic Assessment Act is
amended by changing Sections 10-5 and 15-70 as follows:
(705 ILCS 135/10-5)
(Section scheduled to be repealed on January 1, 2024)
Sec. 10-5. Funds.
(a) All money collected by the Clerk of the Circuit Court
under Article 15 of this Act shall be remitted as directed in
Article 15 of this Act to the county treasurer, to the State
Treasurer, and to the treasurers of the units of local
government. If an amount payable to any of the treasurers is
less than $10, the clerk may postpone remitting the money
until $10 has accrued or by the end of fiscal year. The
treasurers shall deposit the money as indicated in the
schedules, except, in a county with a population of over
3,000,000, money remitted to the county treasurer shall be
subject to appropriation by the county board. Any amount
retained by the Clerk of the Circuit Court in a county with a
population of over 3,000,000 shall be subject to appropriation
by the county board.
(b) The county treasurer or the treasurer of the unit of
local government may create the funds indicated in paragraphs
(1) through (5), (9), and (16) of subsection (d) of this
Section, if not already in existence. If a county or unit of
local government has not instituted, and does not plan to

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institute a program that uses a particular fund, the treasurer
need not create the fund and may instead deposit the money
intended for the fund into the general fund of the county or
unit of local government for use in financing the court
system.
(c) If the arresting agency is a State agency, the
arresting agency portion shall be remitted by the clerk of
court to the State Treasurer who shall deposit the portion as
follows:
(1) if the arresting agency is the Illinois State
Police, into the State Police Law Enforcement
Administration Fund;
(2) if the arresting agency is the Department of
Natural Resources, into the Conservation Police Operations
Assistance Fund;
(3) if the arresting agency is the Secretary of State,
into the Secretary of State Police Services Fund; and
(4) if the arresting agency is the Illinois Commerce
Commission, into the Transportation Regulatory Fund.
(d) Fund descriptions and provisions:
(1) The Court Automation Fund is to defray the
expense, borne by the county, of establishing and
maintaining automated record keeping systems in the Office
of the Clerk of the Circuit Court. The money shall be
remitted monthly by the clerk to the county treasurer and
identified as funds for the Circuit Court Clerk. The fund

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shall be audited by the county auditor, and the board
shall make expenditures from the fund in payment of any
costs related to the automation of court records including
hardware, software, research and development costs, and
personnel costs related to the foregoing, provided that
the expenditure is approved by the clerk of the court and
by the chief judge of the circuit court or his or her
designee.
(2) The Document Storage Fund is to defray the
expense, borne by the county, of establishing and
maintaining a document storage system and converting the
records of the circuit court clerk to electronic or
micrographic storage. The money shall be remitted monthly
by the clerk to the county treasurer and identified as
funds for the circuit court clerk. The fund shall be
audited by the county auditor, and the board shall make
expenditure from the fund in payment of any cost related
to the storage of court records, including hardware,
software, research and development costs, and personnel
costs related to the foregoing, provided that the
expenditure is approved by the clerk of the court.
(3) The Circuit Clerk Operations and Administration
Fund may be used to defray the expenses incurred for
collection and disbursement of the various assessment
schedules. The money shall be remitted monthly by the
clerk to the county treasurer and identified as funds for

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the circuit court clerk.
(4) The State's Attorney Records Automation Fund is to
defray the expense of establishing and maintaining
automated record keeping systems in the offices of the
State's Attorney. The money shall be remitted monthly by
the clerk to the county treasurer for deposit into the
State's Attorney Records Automation Fund. Expenditures
from this fund may be made by the State's Attorney for
hardware, software, and research and development related
to automated record keeping systems.
(5) The Public Defender Records Automation Fund is to
defray the expense of establishing and maintaining
automated record keeping systems in the offices of the
Public Defender. The money shall be remitted monthly by
the clerk to the county treasurer for deposit into the
Public Defender Records Automation Fund. Expenditures from
this fund may be made by the Public Defender for hardware,
software, and research and development related to
automated record keeping systems.
(6) The DUI Fund shall be used for enforcement and
prevention of driving while under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds or any combination thereof, as defined by
Section 11-501 of the Illinois Vehicle Code, including,
but not limited to, the purchase of law enforcement
equipment and commodities that will assist in the

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prevention of alcohol-related criminal violence throughout
the State; police officer training and education in areas
related to alcohol-related crime, including, but not
limited to, DUI training; and police officer salaries,
including, but not limited to, salaries for hire-back
funding for safety checkpoints, saturation patrols, and
liquor store sting operations. Any moneys shall be used to
purchase law enforcement equipment that will assist in the
prevention of alcohol-related criminal violence throughout
the State. The money shall be remitted monthly by the
clerk to the State or local treasurer for deposit as
provided by law.
(7) The Trauma Center Fund shall be distributed as
provided under Section 3.225 of the Emergency Medical
Services (EMS) Systems Act.
(8) The Probation and Court Services Fund is to be
expended as described in Section 15.1 of the Probation and
Probation Officers Act.
(9) The Circuit Court Clerk Electronic Citation Fund
shall have the Circuit Court Clerk as the custodian, ex
officio, of the Fund and shall be used to perform the
duties required by the office for establishing and
maintaining electronic citations. The Fund shall be
audited by the county's auditor.
(10) The Drug Treatment Fund is a special fund in the
State treasury. Moneys in the Fund shall be expended as

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provided in Section 411.2 of the Illinois Controlled
Substances Act.
(11) The Violent Crime Victims Assistance Fund is a
special fund in the State treasury to provide moneys for
the grants to be awarded under the Violent Crime Victims
Assistance Act.
(12) The Criminal Justice Information Projects Fund
shall be appropriated to and administered by the Illinois
Criminal Justice Information Authority for distribution to
fund Illinois State Police drug task forces and
Metropolitan Enforcement Groups, for the costs associated
with making grants from the Prescription Pill and Drug
Disposal Fund, for undertaking criminal justice
information projects, and for the operating and other
expenses of the Authority incidental to those criminal
justice information projects. The moneys deposited into
the Criminal Justice Information Projects Fund under
Sections 15-15 and 15-35 of this Act shall be appropriated
to and administered by the Illinois Criminal Justice
Information Authority for distribution to fund Illinois
State Police drug task forces and Metropolitan Enforcement
Groups by dividing the funds equally by the total number
of Illinois State Police drug task forces and Illinois
Metropolitan Enforcement Groups.
(13) The Sexual Assault Services Fund shall be
appropriated to the Department of Public Health. Upon

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appropriation of moneys from the Sexual Assault Services
Fund, the Department of Public Health shall make grants of
these moneys to sexual assault organizations with whom the
Department has contracts for the purpose of providing
community-based services to victims of sexual assault.
Grants are in addition to, and are not substitutes for,
other grants authorized and made by the Department.
(14) The County Jail Medical Costs Fund is to help
defray the costs outlined in Section 17 of the County Jail
Act. Moneys in the Fund shall be used solely for
reimbursement to the county of costs for medical expenses
and administration of the Fund.
(15) The Prisoner Review Board Vehicle and Equipment
Fund is a special fund in the State treasury. The Prisoner
Review Board shall, subject to appropriation by the
General Assembly and approval by the Secretary, use all
moneys in the Prisoner Review Board Vehicle and Equipment
Fund for the purchase and operation of vehicles and
equipment.
(16) In each county in which a Children's Advocacy
Center provides services, a Child Advocacy Center Fund is
specifically for the operation and administration of the
Children's Advocacy Center, from which the county board
shall make grants to support the activities and services
of the Children's Advocacy Center within that county.
(Source: P.A. 101-636, eff. 6-10-20; 102-538, eff. 8-20-21.)

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(705 ILCS 135/15-70)
(Section scheduled to be repealed on January 1, 2024)
Sec. 15-70. Conditional assessments. In addition to
payments under one of the Schedule of Assessments 1 through 13
of this Act, the court shall also order payment of any of the
following conditional assessment amounts for each sentenced
violation in the case to which a conditional assessment is
applicable, which shall be collected and remitted by the Clerk
of the Circuit Court as provided in this Section:
(1) arson, residential arson, or aggravated arson,
$500 per conviction to the State Treasurer for deposit
into the Fire Prevention Fund;
(2) child pornography under Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, $500
per conviction, unless more than one agency is responsible
for the arrest in which case the amount shall be remitted
to each unit of government equally:
(A) if the arresting agency is an agency of a unit
of local government, $500 to the treasurer of the unit
of local government for deposit into the unit of local
government's General Fund, except that if the Illinois
State Police provides digital or electronic forensic
examination assistance, or both, to the arresting
agency then $100 to the State Treasurer for deposit
into the State Crime Laboratory Fund; or

HB3575 - 320 - LRB103 29826 RLC 56234 b
(B) if the arresting agency is the Illinois State
Police, $500 to the State Treasurer for deposit into
the State Crime Laboratory Fund;
(3) crime laboratory drug analysis for a drug-related
offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance as
defined in the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act, $100 reimbursement for
laboratory analysis, as set forth in subsection (f) of
Section 5-9-1.4 of the Unified Code of Corrections;
(4) DNA analysis, $250 on each conviction in which it
was used to the State Treasurer for deposit into the State
Crime Laboratory Fund as set forth in Section 5-9-1.4 of
the Unified Code of Corrections;
(5) DUI analysis, $150 on each sentenced violation in
which it was used as set forth in subsection (f) of Section
5-9-1.9 of the Unified Code of Corrections;
(6) drug-related offense involving possession or
delivery of cannabis or possession or delivery of a
controlled substance, other than methamphetamine, as
defined in the Cannabis Control Act or the Illinois
Controlled Substances Act, an amount not less than the
full street value of the cannabis or controlled substance
seized for each conviction to be disbursed as follows:
(A) 12.5% of the street value assessment shall be

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paid into the Youth Drug Abuse Prevention Fund, to be
used by the Department of Human Services for the
funding of programs and services for drug-abuse
treatment, and prevention and education services;
(B) 37.5% to the county in which the charge was
prosecuted, to be deposited into the county General
Fund;
(C) 50% to the treasurer of the arresting law
enforcement agency of the municipality or county, or
to the State Treasurer if the arresting agency was a
state agency, to be deposited as provided in
subsection (c) of Section 10-5;
(D) if the arrest was made in combination with
multiple law enforcement agencies, the clerk shall
equitably allocate the portion in subparagraph (C) of
this paragraph (6) among the law enforcement agencies
involved in the arrest;
(6.5) Kane County or Will County, in felony,
misdemeanor, local or county ordinance, traffic, or
conservation cases, up to $30 as set by the county board
under Section 5-1101.3 of the Counties Code upon the entry
of a judgment of conviction, an order of supervision, or a
sentence of probation without entry of judgment under
Section 10 of the Cannabis Control Act, Section 410 of the
Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,

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Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
the Criminal Code of 1961 or the Criminal Code of 2012,
Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, or Section 10 of the Steroid Control Act;
except in local or county ordinance, traffic, and
conservation cases, if fines are paid in full without a
court appearance, then the assessment shall not be imposed
or collected. Distribution of assessments collected under
this paragraph (6.5) shall be as provided in Section
5-1101.3 of the Counties Code;
(7) methamphetamine-related offense involving
possession or delivery of methamphetamine or any salt of
an optical isomer of methamphetamine or possession of a
methamphetamine manufacturing material as set forth in
Section 10 of the Methamphetamine Control and Community
Protection Act with the intent to manufacture a substance
containing methamphetamine or salt of an optical isomer of
methamphetamine, an amount not less than the full street
value of the methamphetamine or salt of an optical isomer
of methamphetamine or methamphetamine manufacturing
materials seized for each conviction to be disbursed as
follows:
(A) 12.5% of the street value assessment shall be
paid into the Youth Drug Abuse Prevention Fund, to be
used by the Department of Human Services for the
funding of programs and services for drug-abuse

HB3575 - 323 - LRB103 29826 RLC 56234 b
treatment, and prevention and education services;
(B) 37.5% to the county in which the charge was
prosecuted, to be deposited into the county General
Fund;
(C) 50% to the treasurer of the arresting law
enforcement agency of the municipality or county, or
to the State Treasurer if the arresting agency was a
state agency, to be deposited as provided in
subsection (c) of Section 10-5;
(D) if the arrest was made in combination with
multiple law enforcement agencies, the clerk shall
equitably allocate the portion in subparagraph (C) of
this paragraph (6) among the law enforcement agencies
involved in the arrest;
(8) order of protection violation under Section 12-3.4
of the Criminal Code of 2012, $200 for each conviction to
the county treasurer for deposit into the Probation and
Court Services Fund for implementation of a domestic
violence surveillance program and any other assessments or
fees imposed under Section 5-9-1.16 of the Unified Code of
Corrections;
(9) order of protection violation, $25 for each
violation to the State Treasurer, for deposit into the
Domestic Violence Abuser Services Fund;
(10) prosecution by the State's Attorney of a:
(A) petty or business offense, $4 to the county

HB3575 - 324 - LRB103 29826 RLC 56234 b
treasurer of which $2 deposited into the State's
Attorney Records Automation Fund and $2 into the
Public Defender Records Automation Fund;
(B) conservation or traffic offense, $2 to the
county treasurer for deposit into the State's Attorney
Records Automation Fund;
(11) speeding in a construction zone violation, $250
to the State Treasurer for deposit into the Transportation
Safety Highway Hire-back Fund, unless (i) the violation
occurred on a highway other than an interstate highway and
(ii) a county police officer wrote the ticket for the
violation, in which case to the county treasurer for
deposit into that county's Transportation Safety Highway
Hire-back Fund;
(12) supervision disposition on an offense under the
Illinois Vehicle Code or similar provision of a local
ordinance, 50 cents, unless waived by the court, into the
Prisoner Review Board Vehicle and Equipment Fund;
(13) victim and offender are family or household
members as defined in Section 103 of the Illinois Domestic
Violence Act of 1986 and offender pleads guilty or no
contest to or is convicted of murder, voluntary
manslaughter, involuntary manslaughter, burglary,
residential burglary, criminal trespass to residence,
criminal trespass to vehicle, criminal trespass to land,
criminal damage to property, telephone harassment,

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kidnapping, aggravated kidnaping, unlawful restraint,
forcible detention, child abduction, indecent solicitation
of a child, sexual relations between siblings,
exploitation of a child, child pornography, assault,
aggravated assault, battery, aggravated battery, heinous
battery, aggravated battery of a child, domestic battery,
reckless conduct, intimidation, criminal sexual assault,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual abuse, aggravated
criminal sexual abuse, violation of an order of
protection, disorderly conduct, endangering the life or
health of a child, child abandonment, contributing to
dependency or neglect of child, or cruelty to children and
others, $200 for each sentenced violation to the State
Treasurer for deposit as follows: (i) for sexual assault,
as defined in Section 5-9-1.7 of the Unified Code of
Corrections, when the offender and victim are family
members, one-half to the Domestic Violence Shelter and
Service Fund, and one-half to the Sexual Assault Services
Fund; (ii) for the remaining offenses to the Domestic
Violence Shelter and Service Fund;
(14) violation of Section 11-501 of the Illinois
Vehicle Code, Section 5-7 of the Snowmobile Registration
and Safety Act, Section 5-16 of the Boat Registration and
Safety Act, or a similar provision, whose operation of a
motor vehicle, snowmobile, or watercraft while in

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violation of Section 11-501, Section 5-7 of the Snowmobile
Registration and Safety Act, Section 5-16 of the Boat
Registration and Safety Act, or a similar provision
proximately caused an incident resulting in an appropriate
emergency response, $1,000 maximum to the public agency
that provided an emergency response related to the
person's violation, or as provided in subsection (c) of
Section 10-5 if the arresting agency was a State agency,
unless more than one agency was responsible for the
arrest, in which case the amount shall be remitted to each
unit of government equally;
(15) violation of Section 401, 407, or 407.2 of the
Illinois Controlled Substances Act that proximately caused
any incident resulting in an appropriate drug-related
emergency response, $1,000 as reimbursement for the
emergency response to the law enforcement agency that made
the arrest, or as provided in subsection (c) of Section
10-5 if the arresting agency was a State agency, unless
more than one agency was responsible for the arrest, in
which case the amount shall be remitted to each unit of
government equally;
(16) violation of reckless driving, aggravated
reckless driving, or driving 26 miles per hour or more in
excess of the speed limit that triggered an emergency
response, $1,000 maximum reimbursement for the emergency
response to be distributed in its entirety to a public

HB3575 - 327 - LRB103 29826 RLC 56234 b
agency that provided an emergency response related to the
person's violation, or as provided in subsection (c) of
Section 10-5 if the arresting agency was a State agency,
unless more than one agency was responsible for the
arrest, in which case the amount shall be remitted to each
unit of government equally;
(17) violation based upon each plea of guilty,
stipulation of facts, or finding of guilt resulting in a
judgment of conviction or order of supervision for an
offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
the Criminal Code of 2012 that results in the imposition
of a fine, to be distributed as follows:
(A) $50 to the county treasurer for deposit into
the Circuit Court Clerk Operation and Administrative
Fund to cover the costs in administering this
paragraph (17);
(B) $300 to the State Treasurer who shall deposit
the portion as follows:
(i) if the arresting or investigating agency
is the Illinois State Police, into the State
Police Law Enforcement Administration Fund;
(ii) if the arresting or investigating agency
is the Department of Natural Resources, into the
Conservation Police Operations Assistance Fund;
(iii) if the arresting or investigating agency
is the Secretary of State, into the Secretary of

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State Police Services Fund;
(iv) if the arresting or investigating agency
is the Illinois Commerce Commission, into the
Transportation Regulatory Fund; or
(v) if more than one of the State agencies in
this subparagraph (B) is the arresting or
investigating agency, then equal shares with the
shares deposited as provided in the applicable
items (i) through (iv) of this subparagraph (B);
and
(C) the remainder for deposit into the Specialized
Services for Survivors of Human Trafficking Fund;
(18) weapons violation under Section 24-1.1, 24-1.2,
or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
of 2012, $100 for each conviction to the State Treasurer
for deposit into the Trauma Center Fund; and
(19) violation of subsection (c) of Section 11-907 of
the Illinois Vehicle Code, $250 to the State Treasurer for
deposit into the Scott's Law Fund, unless a county or
municipal police officer wrote the ticket for the
violation, in which case to the county treasurer for
deposit into that county's or municipality's
Transportation Safety Highway Hire-back Fund to be used as
provided in subsection (j) of Section 11-907 of the
Illinois Vehicle Code.
(Source: P.A. 101-173, eff. 1-1-20; 101-636, eff. 6-10-20;

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102-145, eff. 7-23-21; 102-505, eff. 8-20-21; 102-538, eff.
8-20-21; 102-813, eff. 5-13-22.)
Section 100. The Unified Code of Corrections is amended by
changing Section 5-9-1.2 as follows:
(730 ILCS 5/5-9-1.2) (from Ch. 38, par. 1005-9-1.2)
Sec. 5-9-1.2. (a) Twelve and one-half percent of all
amounts collected as fines pursuant to Section 5-9-1.1 shall
be paid into the Youth Drug Abuse Prevention Fund, which is
hereby created in the State treasury, to be used by the
Department of Human Services for the funding of programs and
services for drug-abuse treatment, and prevention and
education services, for juveniles.
(b) Eighty-seven and one-half percent of the proceeds of
all fines received pursuant to Section 5-9-1.1 shall be
transmitted to and deposited in the treasurer's office at the
level of government as follows:
(1) If such seizure was made by a combination of law
enforcement personnel representing differing units of
local government, the court levying the fine shall
equitably allocate 50% of the fine among these units of
local government and shall allocate 37 1/2% to the county
general corporate fund. In the event that the seizure was
made by law enforcement personnel representing a unit of
local government from a municipality where the number of

HB3575 - 330 - LRB103 29826 RLC 56234 b
inhabitants exceeds 2 million in population, the court
levying the fine shall allocate 87 1/2% of the fine to that
unit of local government. If the seizure was made by a
combination of law enforcement personnel representing
differing units of local government, and at least one of
those units represents a municipality where the number of
inhabitants exceeds 2 million in population, the court
shall equitably allocate 87 1/2% of the proceeds of the
fines received among the differing units of local
government.
(2) If such seizure was made by State law enforcement
personnel, then the court shall allocate 37 1/2% to the
State treasury and 50% to the county general corporate
fund.
(3) If a State law enforcement agency in combination
with a law enforcement agency or agencies of a unit or
units of local government conducted the seizure, the court
shall equitably allocate 37 1/2% of the fines to or among
the law enforcement agency or agencies of the unit or
units of local government which conducted the seizure and
shall allocate 50% to the county general corporate fund.
(c) The proceeds of all fines allocated to the law
enforcement agency or agencies of the unit or units of local
government pursuant to subsection (b) shall be made available
to that law enforcement agency as expendable receipts for use
in the enforcement of laws regulating controlled substances

HB3575 - 331 - LRB103 29826 RLC 56234 b
and cannabis. The proceeds of fines awarded to the State
treasury shall be deposited in a special fund known as the Drug
Traffic Prevention Fund. Monies from this fund may be used by
the Illinois State Police for use in the enforcement of laws
regulating controlled substances and cannabis; to satisfy
funding provisions of the Intergovernmental Drug Laws
Enforcement Act; and to defray costs and expenses associated
with returning violators of the Cannabis Control Act, the
Illinois Controlled Substances Act, and the Methamphetamine
Control and Community Protection Act only, as provided in
those Acts, when punishment of the crime shall be confinement
of the criminal in the penitentiary. Moneys in the Drug
Traffic Prevention Fund deposited from fines awarded as a
direct result of enforcement efforts of the Illinois
Conservation Police may be used by the Department of Natural
Resources Office of Law Enforcement for use in enforcing laws
regulating controlled substances and cannabis on Department of
Natural Resources regulated lands and waterways. All other
monies shall be paid into the general revenue fund in the State
treasury.
(d) There is created in the State treasury the
Methamphetamine Law Enforcement Fund. Moneys in the Fund shall
be equitably allocated to local law enforcement agencies to:
(1) reimburse those agencies for the costs of securing and
cleaning up sites and facilities used for the illegal
manufacture of methamphetamine; (2) defray the costs of

HB3575 - 332 - LRB103 29826 RLC 56234 b
employing full-time or part-time peace officers from a
Metropolitan Enforcement Group or other local drug task force,
including overtime costs for those officers; and (3) defray
the costs associated with medical or dental expenses incurred
by the county resulting from the incarceration of
methamphetamine addicts in the county jail or County
Department of Corrections.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
Section 999. Effective date. This Act takes effect October
1, 2023.
HB3575 - 333 - LRB103 29826 RLC 56234 b
INDEX
Statutes amended in order of appearance
15 ILCS 335/4D
20 ILCS 801/1-30 rep.
20 ILCS 805/536 new
20 ILCS 805/805-535 rep.
20 ILCS 805/805-537 rep.
20 ILCS 805/805-540 rep.
20 ILCS 2605/2605-25 was 20 ILCS 2605/55a-1
20 ILCS 2605/2605-56 new
20 ILCS 2610/9 from Ch. 121, par. 307.9
20 ILCS 2615/10
20 ILCS 4005/3 from Ch. 95 1/2, par. 1303
30 ILCS 105/5.567
30 ILCS 105/5.613
30 ILCS 605/7 from Ch. 127, par. 133b10
30 ILCS 610/4 from Ch. 127, par. 133e4
40 ILCS 5/3-110.6 from Ch. 108 1/2, par. 3-110.6
40 ILCS 5/5-236 from Ch. 108 1/2, par. 5-236
40 ILCS 5/7-139.8 from Ch. 108 1/2, par. 7-139.8
40 ILCS 5/9-121.10 from Ch. 108 1/2, par. 9-121.10
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
40 ILCS 5/15-134.4 from Ch. 108 1/2, par. 15-134.4
220 ILCS 5/2-101 from Ch. 111 2/3, par. 2-101
220 ILCS 5/2-104.5 new
HB3575 - 334 - LRB103 29826 RLC 56234 b
225 ILCS 422/45
225 ILCS 422/60
525 ILCS 30/24 from Ch. 105, par. 724
625 ILCS 5/2-115 from Ch. 95 1/2, par. 2-115
625 ILCS 5/2-116 from Ch. 95 1/2, par. 2-116
625 ILCS 5/2-116.1 new
625 ILCS 5/3-209 from Ch. 95 1/2, par. 3-209
625 ILCS 5/3-406 from Ch. 95 1/2, par. 3-406
625 ILCS 5/3-422
625 ILCS 5/4-107 from Ch. 95 1/2, par. 4-107
625 ILCS 5/5-101 from Ch. 95 1/2, par. 5-101
625 ILCS 5/5-101.1
625 ILCS 5/5-102 from Ch. 95 1/2, par. 5-102
625 ILCS 5/5-102.8
625 ILCS 5/5-403 from Ch. 95 1/2, par. 5-403
625 ILCS 5/5-803
625 ILCS 5/5-901
625 ILCS 5/6-121
625 ILCS 5/11-501.01
625 ILCS 5/11-1301.3 from Ch. 95 1/2, par. 11-1301.3
625 ILCS 5/18a-101 from Ch. 95 1/2, par. 18a-101
625 ILCS 5/18a-101.5 new
625 ILCS 5/18a-200 from Ch. 95 1/2, par. 18a-200
625 ILCS 5/18c-1104 from Ch. 95 1/2, par. 18c-1104
625 ILCS 5/18c-1201.5 new
625 ILCS 5/18c-1202 from Ch. 95 1/2, par. 18c-1202
HB3575 - 335 - LRB103 29826 RLC 56234 b