SB 2874 — REVENUE-COLLECTIONS

*LRB09518329BDD44413b* SB2874 95THEngrossed GENERALLRB095 ASSEMBLY18329 StateBDD of44413 Illinoisb andAN 2008ACT SB2874concerning Introducedrevenue. 2/15/2008, by Sen.

Michael Noland SYNOPSIS AS INTRODUCED:

ILCS 2505/2505-255 new ILCS 210/9 new ILCS 5/605 from Ch.

120, par.

6-605 ILCS 135/1 from Ch.

120, par.

453.31 ILCS 5/2-123 from Ch.

95 1/2, par.

2-123 Amends the Illinois State Collection Act of 1986.

Provides that, in the case of any liability referred to a collection agency, any fee charged to the State by the collection agency is considered an additional liability owed to the State.

Amends the Department of Revenue Law of the Civil Administrative Code of Illinois and the Illinois Income Tax Act to authorize the Department of Revenue to adopt rules and regulations for payments by credit card.

Amends the Cigarette Use Tax Act to exempt from the definition of "use" the use of cigarettes by a not-for-profit research institution conducting tests concerning the health effects of tobacco products, provided the cigarettes are not offered for resale.

Amends the Illinois Vehicle Code.

Authorizes the Secretary of State to disclose or otherwise make available to the Department of Revenue highly restricted personal information for use by the Department in the administration of any tax administered by the Department of Revenue or in the collection of any tax or debt that the Department of Revenue is authorized or required by law to collect.

Effective immediately.

LRB095 18329 BDD 44413 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB2874 LRB095 18329 BDD 44413 b AN ACT concerning revenue.

InExcept where prohibited by federal law or regulation, in the case of any liability referred to a collection agency on or after July 1, 2008, any fee charged to the State by the collection agency is considered an additional liability owed to the State, is SB2874 Engrossed - 2 - LRB095 18329 BDD 44413 b an additional liability owed to the State, is immediately subject to all collection procedures applicable to the liability referred to the collection agency, and must be separately stated in any statement or notice of the liability issued by the collection agency to the taxpayer.

"Use" means the exercise by any person of any right or power over cigarettes incident to the ownership or possession SB2874 Engrossed - 3 - LRB095 18329 BDD 44413 b thereof, other than the making of a sale thereof in the course SB2874 - 3 - LRB095 18329 BDD 44413 b of engaging in a business of selling cigarettes and shall include the keeping or retention of cigarettes for use, except "use" shall not include the use of cigarettes by a not-for-profit research institution conducting tests concerning the health effects of tobacco products, provided the cigarettes are not offered for resale..resale.

SB2874 Engrossed - 4 - LRB095 18329 BDD 44413 b a.

Any person engaged in the business of selling SB2874 - 4 - LRB095 18329 BDD 44413 b cigarettes in this State who brings or causes to be brought into this State from without this State any original packages of cigarettes, on which original packages there is no authorized evidence underneath a sealed transparent wrapper showing that the tax liability imposed by this Act has been paid or assumed by the out-of-State seller of such cigarettes, for sale in the course of such business.

"Distributor maintaining a place of business in this State", or any like term, means any distributor having or maintaining within this State, directly or by a subsidiary, an office, distribution house, sales house, warehouse or other SB2874 Engrossed - 5 - LRB095 18329 BDD 44413 b office, distribution house, sales house, warehouse or other place of business, or any agent operating within this State under the authority of the distributor or its subsidiary, irrespective of whether such place of business or agent is located here permanently or temporarily, or whether such distributor or subsidiary is licensed to transact business within this State.

SB2874 Engrossed - 6 - LRB095 18329 BDD 44413 b (Source:

8-27-07.) SB2874 - 6 - LRB095 18329 BDD 44413 b Section 25.

(b) The Secretary is further empowered to and he may, in his discretion, furnish to any applicant, other than listed in subsection (a) of this Section, vehicle or driver data on a computer tape, disk, other electronic format or computer processable medium, or printout at a fixed fee of $250 for orders received before October 1, 2003 and $500 for orders received on or after October 1, 2003, in advance, and require in addition a further sufficient deposit based upon the SB2874 Engrossed - 7 - LRB095 18329 BDD 44413 b in addition a further sufficient deposit based upon the Secretary of State’s estimate of the total cost of the information requested and a charge of $25 for orders received before October 1, 2003 and $50 for orders received on or after October 1, 2003, per 1,000 units or part thereof identified or the actual cost, whichever is greater.

(b-1) The Secretary is further empowered to and may, in his or her discretion, furnish vehicle or driver data on a computer tape, disk, or other electronic format or computer processible medium, at no fee, to any State or local governmental agency that uses the information provided by the Secretary to transmit SB2874 Engrossed - 8 - LRB095 18329 BDD 44413 b data back to the Secretary that enables the Secretary to SB2874 - 8 - LRB095 18329 BDD 44413 b maintain accurate driving records, including dispositions of traffic cases.

(f) The Secretary of State shall make a title or registration search of the records of his office and a written SB2874 Engrossed - 9 - LRB095 18329 BDD 44413 b report on the same for any person, upon written application of SB2874 - 9 - LRB095 18329 BDD 44413 b such person, accompanied by a fee of $5 for each registration or title search.

This 10 day period shall not apply to requests for information made by law enforcement officials, government agencies, financial institutions, attorneys, insurers, employers, automobile associated SB2874 Engrossed - 10 - LRB095 18329 BDD 44413 b attorneys, insurers, employers, automobile associated businesses, persons licensed as a private detective or firms licensed as a private detective agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, who are employed by or are acting on behalf of law enforcement officials, government agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, and other business entities for purposes consistent with the Illinois Vehicle Code, the vehicle owner or registrant or other entities as the Secretary may exempt by rule and regulation.

(1) For use by any government agency, including any court or law enforcement agency, in carrying out its SB2874 Engrossed - 11 - LRB095 18329 BDD 44413 b functions, or any private person or entity acting on behalf SB2874 - 11 - LRB095 18329 BDD 44413 b of a federal, State, or local agency in carrying out its functions.

(5) For use in connection with any civil, criminal, administrative, or arbitral proceeding in any federal, SB2874 Engrossed - 12 - LRB095 18329 BDD 44413 b administrative, or arbitral proceeding in any federal, State, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, State, or local court.

(11) For use by any requester, if the requester SB2874 Engrossed - 13 - LRB095 18329 BDD 44413 b (11) For use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains.

The Secretary of State may disclose or otherwise make available to the Department highlysocial restrictedsecurity personalnumbers information for these purposes.

The Secretary of State may, upon receipt of a written request and a fee of $6 before October 1, 2003 and a fee of $12 on and after October 1, 2003, furnish to the SB2874 Engrossed - 14 - LRB095 18329 BDD 44413 b person or agency so requesting a driver’s record.

Such SB2874 - 14 - LRB095 18329 BDD 44413 b document may include a record of:

The Secretary of State shall not disclose or otherwise make available to any person or entity any highly restricted personal information obtained by the Secretary of State in connection with a driver’s license, vehicle, or title registration record unless specifically authorized SB2874 Engrossed - 15 - LRB095 18329 BDD 44413 b by this Code.

The Secretary of State may certify an SB2874 - 15 - LRB095 18329 BDD 44413 b abstract of a driver’s record upon written request therefor.

This 10 day period shall not apply to requests for information made by law enforcement officials, government agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, persons licensed as a private detective or firms licensed as a private detective agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, who are employed by or are acting on behalf of law enforcement officials, government agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, and other business entities for purposes consistent with the Illinois Vehicle Code, the affected driver or other entities as the Secretary may exempt by SB2874 Engrossed - 16 - LRB095 18329 BDD 44413 b rule and regulation.

SB2874 - 16 - LRB095 18329 BDD 44413 b Any misrepresentation made by a requestor of driver information shall be punishable as a petty offense, except in the case of persons licensed as a private detective or firms licensed as a private detective agency which shall be subject to disciplinary sanctions under Section 40-10 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.

Except as otherwise provided in this Section, the Secretary of State may furnish, without fee, information from an individual driver’s record on file, if a written request therefor is submitted by any public transit system or authority, public defender, law enforcement agency, a state or federal agency, or an Illinois local intergovernmental association, if the request is for the purpose of a background check of applicants for employment SB2874 Engrossed - 17 - LRB095 18329 BDD 44413 b with the requesting agency, or for the purpose of an SB2874 - 17 - LRB095 18329 BDD 44413 b official investigation conducted by the agency, or to determine a current address for the driver so public funds can be recovered or paid to the driver, or for any other purpose set forth in subsection (f-5) of this Section.

Any certified abstract issued by the Secretary of State or transmitted electronically by the Secretary of State pursuant to this Section, to a court or on request of a law enforcement agency, for the record of a named person as to the status of the person’s driver’s license shall be prima facie evidence of the facts therein stated and if the name appearing in such abstract is the same as that of a person named in an information or warrant, such abstract shall be prima facie evidence that the person named in such information or warrant is the same person as the person named in such abstract and shall be admissible for any prosecution under this Code and be admitted as proof of any prior conviction or proof of records, notices, or orders SB2874 Engrossed - 18 - LRB095 18329 BDD 44413 b prior conviction or proof of records, notices, or orders recorded on individual driving records maintained by the Secretary of State.

(1) to officers and employees of the Secretary who have a need to know the social security numbers in performance of their official duties, (2) to law enforcement officials for a lawful, civil or criminal law enforcement investigation, and if the head of the law enforcement agency has made a written request to the Secretary specifying the law enforcement investigation for which the social security numbers are being SB2874 Engrossed - 19 - LRB095 18329 BDD 44413 b investigation for which the social security numbers are being sought, (3) to the United States Department of Transportation, or any other State, pursuant to the administration and enforcement of the Commercial Motor Vehicle Safety Act of 1986, (4) pursuant to the order of a court of competent jurisdiction, or (5) to the Department of Healthcare and Family Services (formerly Department of Public Aid) for utilization in the child support enforcement duties assigned to that Department under provisions of the Illinois Public Aid Code after the individual has received advanced meaningful notification of what redisclosure is sought by the Secretary in accordance with the federal Privacy Act.