|
who do not hold or have not previously
|
held an Illinois instruction permit or
|
driver's license..................................20
|
Instruction permit issued to any person
|
holding an Illinois driver's license
|
who wishes a change in classifications,
|
other than at the time of renewal..................5
|
Any instruction permit issued to a person
|
age 69 and older...................................5
|
Instruction permit issued to any person,
|
under age 69, not currently holding a
|
valid Illinois driver's license or
|
instruction permit but who has
|
previously been issued either document
|
in Illinois.......................................10
|
Restricted driving permit..............................8
|
Monitoring device driving permit.......................8 |
Duplicate or corrected driver's license
|
or permit..........................................5
|
Duplicate or corrected restricted
|
driving permit.....................................5
|
Duplicate or corrected monitoring |
device driving permit...................................5 |
Original or renewal M or L endorsement.................5
|
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
|
The fees for commercial driver licenses and permits |
|
under Article V
shall be as follows:
|
Commercial driver's license:
|
$6 for the CDLIS/AAMVAnet Fund
|
(Commercial Driver's License Information
|
System/American Association of Motor Vehicle
|
Administrators network Trust Fund);
|
$20 for the Motor Carrier Safety Inspection Fund;
|
$10 for the driver's license;
|
and $24 for the CDL:.............................$60
|
Renewal commercial driver's license:
|
$6 for the CDLIS/AAMVAnet Trust Fund;
|
$20 for the Motor Carrier Safety Inspection Fund;
|
$10 for the driver's license; and
|
$24 for the CDL:.................................$60
|
Commercial driver instruction permit
|
issued to any person holding a valid
|
Illinois driver's license for the
|
purpose of changing to a
|
CDL classification: $6 for the
|
CDLIS/AAMVAnet Trust Fund;
|
$20 for the Motor Carrier
|
Safety Inspection Fund; and
|
$24 for the CDL classification...................$50
|
Commercial driver instruction permit
|
issued to any person holding a valid
|
Illinois CDL for the purpose of
|
|
making a change in a classification,
|
endorsement or restriction........................$5
|
CDL duplicate or corrected license....................$5
|
In order to ensure the proper implementation of the Uniform |
Commercial
Driver License Act, Article V of this Chapter, the |
Secretary of State is
empowered to pro-rate the $24 fee for the |
commercial driver's license
proportionate to the expiration |
date of the applicant's Illinois driver's
license.
|
The fee for any duplicate license or permit shall be waived |
for any
person age 60 or older who presents the Secretary of |
State's office with a
police report showing that his license or |
permit was stolen.
|
No additional fee shall be charged for a driver's license, |
or for a
commercial driver's license, when issued
to the holder |
of an instruction permit for the same classification or
type of |
license who becomes eligible for such
license.
|
(b) Any person whose license or privilege to operate a |
motor vehicle
in this State has been suspended or revoked under |
Section 3-707, any
provision of
Chapter 6, Chapter 11, or |
Section 7-205, 7-303, or 7-702 of the Family
Financial
|
Responsibility Law of this Code, shall in addition to any other
|
fees required by this Code, pay a reinstatement fee as follows:
|
Suspension under Section 3-707.....................
$100
|
Summary suspension under Section 11-501.1...........$250
|
Other suspension.....................................$70
|
Revocation..........................................$500
|
|
However, any person whose license or privilege to operate a |
motor vehicle
in this State has been suspended or revoked for a |
second or subsequent time
for a violation of Section 11-501 or |
11-501.1
of this Code or a similar provision of a local |
ordinance
or a similar out-of-state offense
or Section 9-3 of |
the Criminal Code of 1961
and each suspension or revocation was |
for a violation of Section 11-501 or
11-501.1 of this Code or a |
similar provision of a local ordinance
or a similar |
out-of-state offense
or Section
9-3 of the Criminal Code of |
1961
shall pay, in addition to any other
fees required by this |
Code, a
reinstatement
fee as follows:
|
Summary suspension under Section 11-501.1...........$500
|
Revocation..........................................$500
|
(c) All fees collected under the provisions of this Chapter |
6 shall be
paid into the Road Fund in the State Treasury except |
as follows:
|
1. The following amounts shall be paid into the Driver |
Education Fund:
|
(A) $16 of the $20
fee for an original driver's |
instruction permit;
|
(B) $5 of the $10 fee for an original driver's |
license;
|
(C) $5 of the $10 fee for a 4 year renewal driver's |
license;
and
|
(D) $4 of the $8 fee for a restricted driving |
permit; and .
|
|
(E) $4 of the $8 fee for a monitoring device |
driving permit.
|
2. $30 of the $250 fee for reinstatement of a
license
|
summarily suspended under Section 11-501.1 shall be |
deposited into the
Drunk and Drugged Driving Prevention |
Fund.
However, for a person whose license or privilege to |
operate a motor vehicle
in this State has been suspended or |
revoked for a second or subsequent time for
a violation of |
Section 11-501 or 11-501.1 of this Code or Section 9-3 of |
the
Criminal Code of 1961,
$190 of the $500 fee for |
reinstatement of a license summarily
suspended under
|
Section 11-501.1,
and $190 of the $500 fee for |
reinstatement of a revoked license
shall be deposited into |
the Drunk and Drugged Driving Prevention Fund.
|
3. $6 of such original or renewal fee for a commercial |
driver's
license and $6 of the commercial driver |
instruction permit fee when such
permit is issued to any |
person holding a valid Illinois driver's license,
shall be |
paid into the CDLIS/AAMVAnet Trust Fund.
|
4. $30 of the $70 fee for reinstatement of a license |
suspended
under the
Family
Financial Responsibility Law |
shall be paid into the Family Responsibility
Fund.
|
5. The $5 fee for each original or renewal M or L |
endorsement shall be
deposited into the Cycle Rider Safety |
Training Fund.
|
6. $20 of any original or renewal fee for a commercial |
|
driver's
license or commercial driver instruction permit |
shall be paid into the Motor
Carrier Safety Inspection |
Fund.
|
7. The following amounts shall be paid into the General |
Revenue Fund:
|
(A) $190 of the $250 reinstatement fee for a |
summary suspension under
Section 11-501.1;
|
(B) $40 of the $70 reinstatement fee for any other |
suspension provided
in subsection (b) of this Section; |
and
|
(C) $440 of the $500 reinstatement fee for a first |
offense revocation
and $310 of the $500 reinstatement |
fee for a second or subsequent revocation.
|
(Source: P.A. 93-32, eff. 1-1-04; 93-788, eff. 1-1-05; 94-1035, |
eff. 7-1-07.)
|
(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
|
Sec. 6-206.1. Monitoring Device Driving Permit. |
Declaration of Policy. It is hereby declared a policy of the
|
State of Illinois that the driver who is impaired by alcohol, |
other drug or
drugs, or intoxicating compound or compounds is a
|
threat to the public safety and welfare. Therefore, to
provide |
a deterrent to such practice and to remove problem drivers from
|
the highway, a statutory summary driver's license suspension is |
appropriate.
It is also recognized that driving is a privilege |
and therefore, that the granting of driving privileges, in a |
|
manner consistent with public
safety, is warranted during the |
period of suspension in the form of a monitoring device driving |
permit. A person who drives and fails to comply with the |
requirements of the monitoring device driving permit commits a |
violation of Section 6-303 of this Code.
|
The following procedures shall apply whenever
a first |
offender is arrested for any offense as defined in Section |
11-501
or a similar provision of a local ordinance:
|
(a) Subsequent to a notification of a statutory summary |
suspension of
driving privileges as provided in Section |
11-501.1, the court, after informing the first offender, as |
defined in Section 11-500, of his or her right to a monitoring |
device driving permit, hereinafter referred to as a MDDP, and |
of the obligations of the MDDP, shall enter an order directing |
the Secretary of State (hereinafter referred to as the |
Secretary) to issue a MDDP to the offender, unless the offender |
has opted, in writing, not to have a MDDP issued. After opting |
out of having a MDDP issued, at any time during the summary |
suspension, the offender may petition the court for an order |
directing the Secretary to issue a MDDP. However, the court |
shall not enter the order directing the Secretary of State to |
issue the MDDP, in any instance, if the court finds:
|
(1) The offender's driver's license is otherwise |
invalid; |
(2) Death or great bodily harm resulted from the arrest |
for Section 11-501; |
|
(3) That the offender has been previously convicted of |
reckless homicide or aggravated driving under the |
influence involving death; or |
(4) That the offender is less than 18 years of age. |
Any court order for a MDDP shall order the person to pay |
the Secretary of State a MDDP Administration Fee in an amount |
not to exceed $30 per month, to be deposited into the |
Monitoring Device Driving Permit Administration Fee Fund. The |
Secretary shall establish by rule the amount and the |
procedures, terms, and conditions relating to these fees. The |
order shall further specify that the offender must have an |
ignition interlock device installed within 14 days of the date |
the Secretary issues the MDDP, and shall specify the vehicle in |
which the device is to be installed. The ignition interlock |
device provider must notify the Secretary, in a manner and form |
prescribed by the Secretary, of the installation. If the |
Secretary does not receive notice of installation, the |
Secretary shall cancel the MDDP.
|
A MDDP shall not become effective prior to the 31st
day of the |
original statutory summary suspension.
|
(a-1) A person issued a MDDP may drive for any purpose and |
at any time, subject to the rules adopted by the Secretary of |
State under subsection (g). The person must, at his or her own |
expense, drive only vehicles equipped with an ignition |
interlock device as defined in Section 1-129.1, but in no event |
shall such person drive a commercial motor vehicle. |
|
(a-2) Persons who are issued a MDDP and must drive |
employer-owned vehicles in the course of their employment |
duties may seek permission from the court to drive an |
employer-owned vehicle that does not have an ignition interlock |
device. The employer employee shall provide to the Secretary |
court a form, as prescribed by the Secretary of State, |
completed by the employer verifying that the employee must |
drive an employer-owned vehicle in the course of employment. If |
approved by the Secretary court, the form must be file stamped |
and must be in the driver's possession while operating an |
employer-owner vehicle not equipped with an ignition interlock |
device. No person may use this exemption to drive a school bus, |
school vehicle, or a vehicle designed to transport more than 15 |
passengers. No person may use this exemption to drive an |
employer-owned motor vehicle that is owned by an entity that is |
wholly or partially owned by the person holding the MDDP, or by |
a family member of the person holding the MDDP. No person may |
use this exemption to drive an employer-owned vehicle that is |
made available to the employee for personal use. No person may |
drive the exempted vehicle more than 12 hours per day, 6 days |
per week.
|
(b) (Blank).
|
(c) (Blank).
|
(c-1) If the holder of the MDDP is convicted of or receives |
court supervision for a violation of Section 6-206.2, 6-303, |
11-204, 11-401, 11-501, 11-503, 11-506 or a similar provision |
|
of a local ordinance or a similar out-of-state offense or is |
convicted of or receives court supervision for any offense for |
which alcohol or drugs is an element of the offense and in |
which a motor vehicle was involved (for an arrest other than |
the one for which the MDDP is issued), or de-installs the BAIID |
without prior authorization from the Secretary, the MDDP shall |
be cancelled. If the person is issued a citation for a |
violation of Section 6-303 or a violation of Section 11-501 or |
a similar provision of a local ordinance or a similar out of |
state offense during the term of the MDDP, the officer issuing |
the citation, or the law enforcement agency employing that |
officer, shall confiscate the MDDP and immediately send the |
MDDP and notice of the citation to the court that ordered the |
issuance of the MDDP. Within 10 days of receipt, the issuing |
court, upon notice to the person, shall conduct a hearing to |
consider cancellation of the MDDP. If the court enters an order |
of cancellation, the court shall forward the order to the |
Secretary of State, and the Secretary shall cancel the MDDP and |
notify the person of the cancellation. If, however, the person |
is convicted of the offense before the MDDP has been cancelled, |
the court of venue shall send notice of conviction to the court |
that ordered issuance of the MDDP. The court receiving the |
notice shall immediately enter an order of cancellation and |
forward the order to the Secretary of State. The Secretary |
shall cancel the MDDP and notify the person of the |
cancellation. |
|
If the person is issued a citation for any other traffic |
related offense during the term of the MDDP, the officer |
issuing the citation, or the law enforcement agency employing |
that officer, shall send notice of the citation to the court |
that ordered issuance of the MDDP. Upon receipt and notice to |
the person and an opportunity for a hearing, the court shall |
determine whether the violation constitutes grounds for |
cancellation of the MDDP. If the court enters an order of |
cancellation, the court shall forward the order to the |
Secretary of State, and the Secretary shall cancel the MDDP and |
shall notify the person of the cancellation.
|
(c-5) If the court determines that the person seeking the |
MDDP is indigent, the court shall provide the person with a |
written document, in a form prescribed by the Secretary of |
State, as evidence of that determination, and the person shall |
provide that written document to an ignition interlock device |
provider. The provider shall install an ignition interlock |
device on that person's vehicle without charge to the person, |
and seek reimbursement from the Indigent BAIID Fund.
If the |
court has deemed an offender indigent, the BAIID provider shall |
also provide the normal monthly monitoring services and the |
de-installation without charge to the offender and seek |
reimbursement from the Indigent BAIID Fund. Any other monetary |
charges, such as a lockout fee or reset fee, shall be the |
responsibility of the MDDP holder. A BAIID provider may not |
seek a security deposit from the Indigent BAIID Fund. The court |
|
shall also forward a copy of the indigent determination to the |
Secretary, in a manner and form as prescribed by the Secretary. |
(d) The Secretary of State shall, upon receiving a court |
order
from the court of venue, issue a MDDP to a person who |
applies for a MDDP under this
Section. Such court order form |
shall also contain a notification, which
shall be sent to the |
Secretary of State, providing the name, driver's
license |
number, and legal address of the applicant. This information
|
shall be available only to the courts, police officers, and the |
Secretary
of State, except during the actual period the MDDP is |
valid, during which
time it shall be a public record. The |
Secretary of State shall design and
furnish to the courts an |
official court order form to be used by the courts
when |
directing the Secretary of State to issue a MDDP.
|
Any submitted court order that contains insufficient data |
or fails to
comply with this Code shall not be utilized for |
MDDP issuance or entered to
the driver record but shall be |
returned to the issuing court indicating why
the MDDP cannot be |
so entered. A notice of this action shall also be sent
to the |
MDDP applicant by the Secretary of State.
|
(e) (Blank).
|
(f) (Blank).
|
(g) The Secretary of State shall adopt rules for |
implementing this Section. The rules adopted shall address |
issues including, but not limited to: compliance with the |
requirements of the MDDP; methods for determining compliance |
|
with those requirements; the consequences of noncompliance |
with those requirements; what constitutes a violation of the |
MDDP; and the duties of a person or entity that supplies the |
ignition interlock device. |
(h) The rules adopted under subsection (g) shall provide, |
at a minimum, that the person is not in compliance with the |
requirements of the MDDP if he or she: |
(1) tampers or attempts to tamper with or circumvent |
the proper operation of the ignition interlock device; |
(2) provides valid breath samples that register blood |
alcohol levels in excess of the number of times allowed |
under the rules; |
(3) fails to provide evidence sufficient to satisfy the |
Secretary that the ignition interlock device has been |
installed in the designated vehicle or vehicles; or |
(4) fails to follow any other applicable rules adopted |
by the Secretary. |
(i) Any person or entity that supplies an ignition |
interlock device as provided under this Section shall, in |
addition to supplying only those devices which fully comply |
with all the rules adopted under subsection (g), provide the |
Secretary, within 7 days of inspection, all monitoring reports |
of each person who has had an ignition interlock device |
installed. These reports shall be furnished in a manner or form |
as prescribed by the Secretary. |
(j) Upon making a determination that a violation of the |
|
requirements of the MDDP has occurred, the Secretary shall |
extend the summary suspension period for an additional 3 months |
beyond the originally imposed summary suspension period, |
during which time the person shall only be allowed to drive |
vehicles equipped with an ignition interlock device; provided |
further there are no limitations on the total number of times |
the summary suspension may be extended. The Secretary may, |
however, limit the number of extensions imposed for violations |
occurring during any one monitoring period, as set forth by |
rule. Any person whose summary suspension is extended pursuant |
to this Section shall have the right to contest the extension |
through a an administrative hearing with the Secretary, |
pursuant to Section 2-118 of this Code. If the summary |
suspension has already terminated prior to the Secretary |
receiving the monitoring report that shows a violation, the |
Secretary shall be authorized to suspend the person's driving |
privileges for 3 months, provided that the Secretary may, by |
rule, limit the number of suspensions to be entered pursuant to |
this paragraph for violations occurring during any one |
monitoring period. Any person whose license is suspended |
pursuant to this paragraph, after the summary suspension had |
already terminated, shall have the right to contest the |
suspension through a hearing with the Secretary, pursuant to |
Section 2-118 of this Code. The only permit the person shall be |
eligible for during this new suspension period is a MDDP. |
(k) A person who has had his or her summary suspension |
|
extended for the third time, or has any combination of 3 |
extensions and new suspensions, entered as a result of a |
violation that occurred while holding the MDDP, so long as the |
extensions and new suspensions relate to the same summary |
suspension, shall have his or her vehicle impounded for a |
period of 30 days, at the person's own expense. A person who |
has his or her summary suspension extended for the fourth time, |
or has any combination of 4 extensions and new suspensions, |
entered as a result of a violation that occurred while holding |
the MDDP, so long as the extensions and new suspensions relate |
to the same summary suspension, shall have his or her vehicle |
subject to seizure and forfeiture. The Secretary shall notify |
the prosecuting authority of any third or fourth extensions or |
new suspension entered as a result of a violation that occurred |
while the person held a MDDP. Upon receipt of the notification, |
the prosecuting authority shall impound or forfeit the vehicle. |
(l) A person whose driving privileges have been suspended |
under Section 11-501.1 of this Code and who had a MDDP that was |
cancelled pursuant to subsection (c-1) of this Section, shall |
not be eligible for reinstatement when the summary suspension |
is scheduled to terminate, but instead shall be eligible only |
to apply for a restricted driving permit. If a restricted |
driving permit is granted, the offender may only operate |
vehicles equipped with an ignition interlock device, for a |
period of not less than twice the original summary suspension |
period, or for the length of any extensions entered under |
|
subsection (j), whichever is longer. |
(m) Any person or entity that supplies an ignition |
interlock device under this Section shall, for each ignition |
interlock device installed, pay 5% of the total gross revenue |
received for the device, including monthly monitoring fees, |
into the Indigent BAIID Fund. This 5% shall be clearly |
indicated as a separate surcharge on each invoice that is |
issued. The Secretary shall conduct an annual review of the |
fund to determine whether the surcharge is sufficient to |
provide for indigent users. The Secretary may increase or |
decrease this surcharge requirement as needed. |
(n) Any person or entity that supplies an ignition |
interlock device under this Section that is requested to |
provide an ignition interlock device to a person who presents |
written documentation of indigency from the court, as provided |
in subsection (c-5) of this Section, shall install the device |
on the person's vehicle without charge to the person and shall |
seek reimbursement from the Indigent BAIID Fund. |
(o) The Indigent BAIID Fund is created as a special fund in |
the State treasury. The Secretary of State shall, subject to |
appropriation by the General Assembly, use all money in the |
Indigent BAIID Fund to reimburse ignition interlock device |
providers who have installed devices in vehicles of indigent |
persons pursuant to court orders issued under this Section. The |
Secretary shall make payments to such providers every 3 months. |
If the amount of money in the fund at the time payments are |
|
made is not sufficient to pay all requests for reimbursement |
submitted during that 3 month period, the Secretary shall make |
payments on a pro-rata basis, and those payments shall be |
considered payment in full for the requests submitted. |
(p) The Monitoring Device Driving Permit Administration |
Fee Fund is created as a special fund in the State treasury. |
The Secretary of State shall, subject to appropriation by the |
General Assembly, use the money paid into this fund to offset |
its administrative costs for administering MDDPs.
|
(Source: P.A. 94-307, eff. 9-30-05; 94-357, eff. 1-1-06; |
94-930, eff. 6-26-06; 95-400, eff. 1-1-09; 95-578, eff. 1-1-09; |
revised 11-16-07.)
|
Section 99. Effective date. This Act takes effect January |
1, 2009.
|