97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB6228

 

Introduced , by Rep. Edward J. Acevedo

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.811 new
625 ILCS 5/2-119  from Ch. 95 1/2, par. 2-119
625 ILCS 5/6-106  from Ch. 95 1/2, par. 6-106
625 ILCS 5/6-107.5 new
625 ILCS 5/6-118
625 ILCS 5/6-205

    Amends the Illinois Vehicle Code and the State Finance Act. Provides for the issuance of a driver's certificate that states that it may not be accepted by a federal agency for a federal identification or other official purpose and uses a unique design or color indicator that visually distinguishes it from a driver's license or permit. Provides that an applicant for a driver's certificate must: be at least 18 years of age; provide a valid federal individual tax identification number or social security number; provide a valid passport and additional specified documents; file proof provided to the applicant by the Illinois State Police that a set of the applicant's fingerprints has been collected; and surrender all false driver's licenses or State identification cards in the applicant's possession. Contains provisions regarding: destruction of certain documents; exchanges of information by the Secretary of State and the Illinois Department of Revenue and the Illinois State Police; applicability of the Code to a driver's certificate holder or applicant; mandatory insurance; review of a denial of a driver's certificate; other licenses and identification; photographs; fees; revocation; and other matters. Creates the Secretary of State Driver's Certificate Fund as a special fund in the State treasury and provides that the Fund shall be used for the increase in costs associated with additional applicants for driver's certificates and costs associated with specialized verification procedures regarding those applicants. Makes other changes. Makes certain provisions inoperative 5 years after the effective date of the amendatory Act but provides that a document issued under those provisions remains valid until the expiration date on the document.


LRB097 22806 HEP 71592 b

 

 

A BILL FOR

 

HB6228LRB097 22806 HEP 71592 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Section 5.811 as follows:
 
6    (30 ILCS 105/5.811 new)
7    Sec. 5.811. The Secretary of State Driver's Certificate
8Fund.
 
9    Section 10. The Illinois Vehicle Code is amended by
10changing Sections 2-119, 6-106, 6-118, and 6-205 and by adding
11Section 6-107.5 as follows:
 
12    (625 ILCS 5/2-119)  (from Ch. 95 1/2, par. 2-119)
13    Sec. 2-119. Disposition of fees and taxes.
14    (a) All moneys received from Salvage Certificates shall be
15deposited in the Common School Fund in the State Treasury.
16    (b) Beginning January 1, 1990 and concluding December 31,
171994, of the money collected for each certificate of title,
18duplicate certificate of title and corrected certificate of
19title, $0.50 shall be deposited into the Used Tire Management
20Fund. Beginning January 1, 1990 and concluding December 31,
211994, of the money collected for each certificate of title,

 

 

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1duplicate certificate of title and corrected certificate of
2title, $1.50 shall be deposited in the Park and Conservation
3Fund.
4    Beginning January 1, 1995, of the money collected for each
5certificate of title, duplicate certificate of title and
6corrected certificate of title, $2 shall be deposited in the
7Park and Conservation Fund. The moneys deposited in the Park
8and Conservation Fund pursuant to this Section shall be used
9for the acquisition and development of bike paths as provided
10for in Section 805-420 of the Department of Natural Resources
11(Conservation) Law (20 ILCS 805/805-420).
12    Beginning January 1, 2000, of the moneys collected for each
13certificate of title, duplicate certificate of title, and
14corrected certificate of title, $48 shall be deposited into the
15Road Fund and $4 shall be deposited into the Motor Vehicle
16License Plate Fund, except that if the balance in the Motor
17Vehicle License Plate Fund exceeds $40,000,000 on the last day
18of a calendar month, then during the next calendar month the $4
19shall instead be deposited into the Road Fund.
20    Beginning January 1, 2005, of the moneys collected for each
21delinquent vehicle registration renewal fee, $20 shall be
22deposited into the General Revenue Fund.
23    Except as otherwise provided in this Code, all remaining
24moneys collected for certificates of title, and all moneys
25collected for filing of security interests, shall be placed in
26the General Revenue Fund in the State Treasury.

 

 

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1    (c) All moneys collected for that portion of a driver's
2license fee designated for driver education under Section 6-118
3shall be placed in the Driver Education Fund in the State
4Treasury.
5    (d) Beginning January 1, 1999, of the monies collected as a
6registration fee for each motorcycle, motor driven cycle and
7moped, 27% of each annual registration fee for such vehicle and
827% of each semiannual registration fee for such vehicle is
9deposited in the Cycle Rider Safety Training Fund.
10    (e) Of the monies received by the Secretary of State as
11registration fees or taxes or as payment of any other fee, as
12provided in this Act, except fees received by the Secretary
13under paragraph (7) of subsection (b) of Section 5-101 and
14Section 5-109 of this Code, 37% shall be deposited into the
15State Construction Fund.
16    (f) Of the total money collected for a CDL instruction
17permit or original or renewal issuance of a commercial driver's
18license (CDL) pursuant to the Uniform Commercial Driver's
19License Act (UCDLA): (i) $6 of the total fee for an original or
20renewal CDL, and $6 of the total CDL instruction permit fee
21when such permit is issued to any person holding a valid
22Illinois driver's license, shall be paid into the
23CDLIS/AAMVAnet Trust Fund (Commercial Driver's License
24Information System/American Association of Motor Vehicle
25Administrators network Trust Fund) and shall be used for the
26purposes provided in Section 6z-23 of the State Finance Act and

 

 

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1(ii) $20 of the total fee for an original or renewal CDL or
2commercial driver instruction permit shall be paid into the
3Motor Carrier Safety Inspection Fund, which is hereby created
4as a special fund in the State Treasury, to be used by the
5Department of State Police, subject to appropriation, to hire
6additional officers to conduct motor carrier safety
7inspections pursuant to Chapter 18b of this Code.
8    (g) All remaining moneys received by the Secretary of State
9as registration fees or taxes or as payment of any other fee,
10as provided in this Act, except fees received by the Secretary
11under paragraph (7)(A) of subsection (b) of Section 5-101 and
12Section 5-109 of this Code, shall be deposited in the Road Fund
13in the State Treasury. Moneys in the Road Fund shall be used
14for the purposes provided in Section 8.3 of the State Finance
15Act.
16    (h) (Blank).
17    (i) (Blank).
18    (j) (Blank).
19    (k) There is created in the State Treasury a special fund
20to be known as the Secretary of State Special License Plate
21Fund. Money deposited into the Fund shall, subject to
22appropriation, be used by the Office of the Secretary of State
23(i) to help defray plate manufacturing and plate processing
24costs for the issuance and, when applicable, renewal of any new
25or existing registration plates authorized under this Code and
26(ii) for grants made by the Secretary of State to benefit

 

 

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1Illinois Veterans Home libraries.
2    On or before October 1, 1995, the Secretary of State shall
3direct the State Comptroller and State Treasurer to transfer
4any unexpended balance in the Special Environmental License
5Plate Fund, the Special Korean War Veteran License Plate Fund,
6and the Retired Congressional License Plate Fund to the
7Secretary of State Special License Plate Fund.
8    (l) The Motor Vehicle Review Board Fund is created as a
9special fund in the State Treasury. Moneys deposited into the
10Fund under paragraph (7) of subsection (b) of Section 5-101 and
11Section 5-109 shall, subject to appropriation, be used by the
12Office of the Secretary of State to administer the Motor
13Vehicle Review Board, including without limitation payment of
14compensation and all necessary expenses incurred in
15administering the Motor Vehicle Review Board under the Motor
16Vehicle Franchise Act.
17    (m)  Effective July 1, 1996, there is created in the State
18Treasury a special fund to be known as the Family
19Responsibility Fund. Moneys deposited into the Fund shall,
20subject to appropriation, be used by the Office of the
21Secretary of State for the purpose of enforcing the Family
22Financial Responsibility Law.
23    (n) The Illinois Fire Fighters' Memorial Fund is created as
24a special fund in the State Treasury. Moneys deposited into the
25Fund shall, subject to appropriation, be used by the Office of
26the State Fire Marshal for construction of the Illinois Fire

 

 

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1Fighters' Memorial to be located at the State Capitol grounds
2in Springfield, Illinois. Upon the completion of the Memorial,
3moneys in the Fund shall be used in accordance with Section
43-634.
5    (o) Of the money collected for each certificate of title
6for all-terrain vehicles and off-highway motorcycles, $17
7shall be deposited into the Off-Highway Vehicle Trails Fund.
8    (p) For audits conducted on or after July 1, 2003 pursuant
9to Section 2-124(d) of this Code, 50% of the money collected as
10audit fees shall be deposited into the General Revenue Fund.
11    (q) The Secretary of State Driver's Certificate Fund is
12created as a special fund in the State treasury. Moneys
13deposited into the Fund shall, subject to appropriation, be
14used by the Secretary of State to pay for the increase in the
15costs associated with additional applicants for driver's
16certificates issued under subsection (b-2) of Section 6-106 of
17this Code and costs associated with specialized verification
18procedures regarding those applicants.
19(Source: P.A. 96-554, eff. 1-1-10.)
 
20    (625 ILCS 5/6-106)  (from Ch. 95 1/2, par. 6-106)
21    Sec. 6-106. Application for license or instruction permit.
22    (a) Every application for any permit or license authorized
23to be issued under this Act shall be made upon a form furnished
24by the Secretary of State. Every application shall be
25accompanied by the proper fee and payment of such fee shall

 

 

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1entitle the applicant to not more than 3 attempts to pass the
2examination within a period of 1 year after the date of
3application.
4    (b) Every application shall state the legal name, social
5security number, zip code, date of birth, sex, and residence
6address of the applicant; briefly describe the applicant; state
7whether the applicant has theretofore been licensed as a
8driver, and, if so, when and by what state or country, and
9whether any such license has ever been cancelled, suspended,
10revoked or refused, and, if so, the date and reason for such
11cancellation, suspension, revocation or refusal; shall include
12an affirmation by the applicant that all information set forth
13is true and correct; and shall bear the applicant's signature.
14In addition to the residence address, the Secretary may allow
15the applicant to provide a mailing address. In the case of an
16applicant who is a judicial officer, the Secretary may allow
17the applicant to provide an office or work address in lieu of a
18residence or mailing address. The application form may also
19require the statement of such additional relevant information
20as the Secretary of State shall deem necessary to determine the
21applicant's competency and eligibility.
22    (b-1) The Secretary of State may, in his discretion, by
23rule or regulation, provide that an application for a drivers
24license or permit may include a suitable photograph of the
25applicant in the form prescribed by the Secretary, and he may
26further provide that each drivers license shall include a

 

 

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1photograph of the driver. The Secretary of State may utilize a
2photograph process or system most suitable to deter alteration
3or improper reproduction of a drivers license and to prevent
4substitution of another photo thereon.
5    (b-2)(1) In compliance with the federal Real ID Act of
62005, Division B of Public Law 109-13, the Secretary of State,
7on and after the effective date of this amendatory Act of the
897th General Assembly, shall issue to an Illinois resident who
9meets the requirements of this subsection (b-2) a driver's
10certificate that shall:
11        (A) clearly state on its face that it may not be
12    accepted by any federal agency for any federal
13    identification or other official purpose ("official
14    purpose" being defined under Section 201 of the federal
15    Real ID Act of 2005); and
16        (B) use a unique design or color indicator that shall
17    visually distinguish the certificate from a driver's
18    license or permit issued under the Illinois Vehicle Code so
19    as to alert federal agents and other law enforcement
20    personnel that the certificate may not be accepted for any
21    federal identification or other official purpose.
22    (2) An applicant for a driver's certificate issued under
23this subsection (b-2) must be at least 18 years of age and
24must:
25        (A) provide the Secretary with a valid individual tax
26    identification number issued by the federal Internal

 

 

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1    Revenue Service or social security number issued by the
2    federal Social Security Administration;
3        (B) provide a valid passport and any additional
4    documents as the Secretary may set forth by administrative
5    rule in order to ensure that the passport and additional
6    documents in combination shall include the following:
7            (i) a photo identity document, except that a
8        non-photo identity document is acceptable if it
9        includes both the person's full legal name and date of
10        birth;
11            (ii) documentation showing the person's date of
12        birth;
13            (iii) documentation showing the person's name and
14        address of principal residence; provided that the
15        Secretary shall not accept any foreign document, other
16        than a valid official passport, for purposes of this
17        subparagraph. The Secretary shall verify, in a manner
18        and form prescribed by the Secretary by administrative
19        rule, the issuance, validity, and completeness of each
20        document presented by the applicant to satisfy the
21        requirements of this subdivision (b-2)(2)(B). The
22        Secretary has the right to reject any document
23        presented by the applicant that cannot be verified; and
24        (C) file with the Secretary of State proof provided to
25    the applicant by the Illinois State Police that a set of
26    the applicant's fingerprints has been collected (costs

 

 

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1    associated with this fingerprinting shall be paid by the
2    applicant at the time of collection); and
3        (D) surrender all false driver's licenses or State
4    identification cards in the applicant's possession. The
5    Secretary shall handle the surrender of these documents at
6    the Secretary's discretion, provided that no applicant
7    shall be subject to civil or criminal prosecution for the
8    acquisition, possession, use, or distribution of these
9    documents, and provided further that the Secretary shall
10    destroy any relinquished documents within 24 hours of
11    receipt and shall not maintain any records of those
12    documents, except that this requirement does not apply if
13    the Secretary of State can identify a bona fide law
14    enforcement purpose for retaining the documents.
15    (3) The Secretary of State shall provide to the Illinois
16Department of Revenue all information, including the
17individual tax identification number, captured on the
18application. If the Illinois Department of Revenue determines
19that an individual to whom a driver's certificate was issued is
20not in compliance with any applicable tax laws administered by
21the Department of Revenue, the Department of Revenue shall
22request that the Secretary of State revoke the certificate.
23    (4) An applicant for or the bearer of a driver's
24certificate issued under this subsection (b-2) shall be subject
25to any and all provisions of this Code and any and all
26implementing regulations issued by the Secretary of State to

 

 

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1the same extent as a driver issued a driver's license,
2including but not limited to the mandatory insurance
3requirements and penalties in Chapter 7, Article VI of this
4Code, unless otherwise specified in this subsection (b-2). To
5the extent that a driver is required by law to have a valid
6Illinois driver's license in order to purchase insurance to
7comply with the mandatory insurance provisions of this Code, a
8driver's certificate issued under this subsection (b-2) shall
9satisfy that requirement. Within 30 days of receiving a
10certificate, the driver shall provide to the Secretary of
11State, in a manner and form prescribed by the Secretary, proof
12of liability insurance coverage for the driver and for any and
13all vehicles to which the driver has title of ownership; if the
14driver fails to provide that proof within 30 days, the
15Secretary is authorized to suspend the certificate until the
16driver provides the proof.
17    (5) A person denied a driver's certificate under this
18subsection (b-2) may seek review under the Administrative
19Review Law. This amendatory Act of the 97th General Assembly
20does not affect the issuance of a commercial driver's license
21or school bus driver's permit under the Illinois Vehicle Code
22or a State identification card under the Illinois
23Identification Card Act. A driver's certificate issued under
24this subsection (b-2) may not be used to obtain a Firearm
25Owner's Identification Card and may not be used to obtain a
26driver's license in another state.

 

 

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1    (6) The Secretary of State may provide by rule that an
2application for a driver's certificate under this subsection
3(b-2) may include a suitable photograph of the applicant in the
4form prescribed by the Secretary, and the Secretary of State
5shall further provide that each driver's certificate shall
6include a photograph of the driver. The Secretary of State
7shall utilize a photographic process or system most suitable to
8deter alteration or improper reproduction of a driver's
9certificate issued under this subsection (b-2) and to prevent
10substitution of another photo on the certificate.
11    (b-3) Subsection (b-2) becomes inoperative 5 years after
12the effective date of this amendatory Act of the 97th General
13Assembly; however, any document issued under subsection (b-2)
14shall remain valid until the expiration date on the document
15set by the Secretary of State.
16    (c) The application form shall include a notice to the
17applicant of the registration obligations of sex offenders
18under the Sex Offender Registration Act. The notice shall be
19provided in a form and manner prescribed by the Secretary of
20State. For purposes of this subsection (c), "sex offender" has
21the meaning ascribed to it in Section 2 of the Sex Offender
22Registration Act.
23    (d) Any male United States citizen or immigrant who applies
24for any permit or license authorized to be issued under this
25Act or for a renewal of any permit or license, and who is at
26least 18 years of age but less than 26 years of age, must be

 

 

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1registered in compliance with the requirements of the federal
2Military Selective Service Act. The Secretary of State must
3forward in an electronic format the necessary personal
4information regarding the applicants identified in this
5subsection (d) to the Selective Service System. The applicant's
6signature on the application serves as an indication that the
7applicant either has already registered with the Selective
8Service System or that he is authorizing the Secretary to
9forward to the Selective Service System the necessary
10information for registration. The Secretary must notify the
11applicant at the time of application that his signature
12constitutes consent to registration with the Selective Service
13System, if he is not already registered.
14    (e) Beginning on or before July 1, 2015, for each original
15or renewal driver's license application under this Act, the
16Secretary shall inquire as to whether the applicant is a
17veteran for purposes of issuing a driver's license with a
18veteran designation under subsection (e-5) of Section 6-110 of
19this Chapter. The acceptable forms of proof shall include, but
20are not limited to, Department of Defense form DD-214. The
21Secretary shall determine by rule what other forms of proof of
22a person's status as a veteran are acceptable.
23    The Illinois Department of Veterans' Affairs shall confirm
24the status of the applicant as an honorably discharged veteran
25before the Secretary may issue the driver's license.
26    For purposes of this subsection (e):

 

 

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1    "Active duty" means active duty under an executive order of
2the President of the United States, an Act of the Congress of
3the United States, or an order of the Governor.
4    "Armed forces" means any of the Armed Forces of the United
5States, including a member of any reserve component or National
6Guard unit called to active duty.
7    "Veteran" means a person who has served on active duty in
8the armed forces and was discharged or separated under
9honorable conditions.
10(Source: P.A. 96-1231, eff. 7-23-10; 97-263, eff. 8-5-11;
1197-739, eff. 1-1-13; 97-847, eff. 1-1-13; revised 8-3-12.)
 
12    (625 ILCS 5/6-107.5 new)
13    Sec. 6-107.5. Ineligible applicants for Firearm Owner's
14Identification Cards. The Secretary of State shall, in
15conjunction with the Illinois State Police, establish
16administrative procedures for determining and identifying
17ineligible Firearm Owner's Identification Card applicants
18through information provided to the Secretary of State in
19connection with the driver's license and driver's certificate
20application process, to ensure compliance with the Firearm
21Owners Identification Card Act.
 
22    (625 ILCS 5/6-118)
23    Sec. 6-118. Fees.
24    (a) The fee for licenses and permits under this Article is

 

 

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1as follows:
2    Original driver's license.............................$30
3    Original or renewal driver's license
4        issued to 18, 19 and 20 year olds.................. 5
5    All driver's licenses for persons
6        age 69 through age 80.............................. 5
7    All driver's licenses for persons
8        age 81 through age 86.............................. 2
9    All driver's licenses for persons
10        age 87 or older.....................................0
11    Renewal driver's license (except for
12        applicants ages 18, 19 and 20 or
13        age 69 and older)..................................30
14    Original instruction permit issued to
15        persons (except those age 69 and older)
16        who do not hold or have not previously
17        held an Illinois instruction permit or
18        driver's license.................................. 20
19    Instruction permit issued to any person
20        holding an Illinois driver's license
21        who wishes a change in classifications,
22        other than at the time of renewal.................. 5
23    Any instruction permit issued to a person
24        age 69 and older................................... 5
25    Instruction permit issued to any person,
26        under age 69, not currently holding a

 

 

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1        valid Illinois driver's license or
2        instruction permit but who has
3        previously been issued either document
4        in Illinois....................................... 10
5    Restricted driving permit.............................. 8
6    Monitoring device driving permit...................... 8
7    Duplicate or corrected driver's license
8        or permit.......................................... 5
9    Duplicate or corrected restricted
10        driving permit..................................... 5
11    Duplicate or corrected monitoring
12    device driving permit.................................. 5
13    Duplicate driver's license or permit issued to
14        an active-duty member of the
15        United States Armed Forces,
16        the member's spouse, or
17        the dependent children living
18        with the member................................... 0
19    Original or renewal M or L endorsement................. 5
20    The fee for a driver's certificate issued under subsection
21(b-2) of Section 6-106 of this Code shall be $10 plus an
22additional fee of not less than $50, to be set by the Secretary
23by rule to cover the additional cost associated with issuing
24the driver's certificate.
25SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
26        The fees for commercial driver licenses and permits

 

 

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1    under Article V shall be as follows:
2    Commercial driver's license:
3        $6 for the CDLIS/AAMVAnet Trust Fund
4        (Commercial Driver's License Information
5        System/American Association of Motor Vehicle
6        Administrators network Trust Fund);
7        $20 for the Motor Carrier Safety Inspection Fund;
8        $10 for the driver's license;
9        and $24 for the CDL:............................. $60
10    Renewal commercial driver's license:
11        $6 for the CDLIS/AAMVAnet Trust Fund;
12        $20 for the Motor Carrier Safety Inspection Fund;
13        $10 for the driver's license; and
14        $24 for the CDL:................................. $60
15    Commercial driver instruction permit
16        issued to any person holding a valid
17        Illinois driver's license for the
18        purpose of changing to a
19        CDL classification: $6 for the
20        CDLIS/AAMVAnet Trust Fund;
21        $20 for the Motor Carrier
22        Safety Inspection Fund; and
23        $24 for the CDL classification................... $50
24    Commercial driver instruction permit
25        issued to any person holding a valid
26        Illinois CDL for the purpose of

 

 

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1        making a change in a classification,
2        endorsement or restriction........................ $5
3    CDL duplicate or corrected license.................... $5
4    In order to ensure the proper implementation of the Uniform
5Commercial Driver License Act, Article V of this Chapter, the
6Secretary of State is empowered to pro-rate the $24 fee for the
7commercial driver's license proportionate to the expiration
8date of the applicant's Illinois driver's license.
9    The fee for any duplicate license or permit shall be waived
10for any person who presents the Secretary of State's office
11with a police report showing that his license or permit was
12stolen.
13    The fee for any duplicate license or permit shall be waived
14for any person age 60 or older whose driver's license or permit
15has been lost or stolen.
16    No additional fee shall be charged for a driver's license,
17or for a commercial driver's license, when issued to the holder
18of an instruction permit for the same classification or type of
19license who becomes eligible for such license.
20    (b) Any person whose license or privilege to operate a
21motor vehicle in this State has been suspended or revoked under
22Section 3-707, any provision of Chapter 6, Chapter 11, or
23Section 7-205, 7-303, or 7-702 of the Family Financial
24Responsibility Law of this Code, shall in addition to any other
25fees required by this Code, pay a reinstatement fee as follows:
26    Suspension under Section 3-707..................... $100

 

 

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1    Summary suspension under Section 11-501.1...........$250
2    Summary revocation under Section 11-501.1............$500
3    Other suspension......................................$70
4    Revocation...........................................$500
5    However, any person whose license or privilege to operate a
6motor vehicle in this State has been suspended or revoked for a
7second or subsequent time for a violation of Section 11-501 or
811-501.1 of this Code or a similar provision of a local
9ordinance or a similar out-of-state offense or Section 9-3 of
10the Criminal Code of 1961 and each suspension or revocation was
11for a violation of Section 11-501 or 11-501.1 of this Code or a
12similar provision of a local ordinance or a similar
13out-of-state offense or Section 9-3 of the Criminal Code of
141961 shall pay, in addition to any other fees required by this
15Code, a reinstatement fee as follows:
16    Summary suspension under Section 11-501.1............$500
17    Summary revocation under Section 11-501.1............$500
18    Revocation...........................................$500
19    (c) All fees collected under the provisions of this Chapter
206 shall be paid into the Road Fund in the State Treasury except
21as follows:
22        1. The following amounts shall be paid into the Driver
23    Education Fund:
24            (A) $16 of the $20 fee for an original driver's
25        instruction permit;
26            (B) $5 of the $30 fee for an original driver's

 

 

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1        license;
2            (C) $5 of the $30 fee for a 4 year renewal driver's
3        license;
4            (D) $4 of the $8 fee for a restricted driving
5        permit; and
6            (E) $4 of the $8 fee for a monitoring device
7        driving permit.
8        2. $30 of the $250 fee for reinstatement of a license
9    summarily suspended under Section 11-501.1 shall be
10    deposited into the Drunk and Drugged Driving Prevention
11    Fund. However, for a person whose license or privilege to
12    operate a motor vehicle in this State has been suspended or
13    revoked for a second or subsequent time for a violation of
14    Section 11-501 or 11-501.1 of this Code or Section 9-3 of
15    the Criminal Code of 1961, $190 of the $500 fee for
16    reinstatement of a license summarily suspended under
17    Section 11-501.1, and $190 of the $500 fee for
18    reinstatement of a revoked license shall be deposited into
19    the Drunk and Drugged Driving Prevention Fund. $190 of the
20    $500 fee for reinstatement of a license summarily revoked
21    pursuant to Section 11-501.1 shall be deposited into the
22    Drunk and Drugged Driving Prevention Fund.
23        3. $6 of such original or renewal fee for a commercial
24    driver's license and $6 of the commercial driver
25    instruction permit fee when such permit is issued to any
26    person holding a valid Illinois driver's license, shall be

 

 

HB6228- 21 -LRB097 22806 HEP 71592 b

1    paid into the CDLIS/AAMVAnet Trust Fund.
2        4. $30 of the $70 fee for reinstatement of a license
3    suspended under the Family Financial Responsibility Law
4    shall be paid into the Family Responsibility Fund.
5        5. The $5 fee for each original or renewal M or L
6    endorsement shall be deposited into the Cycle Rider Safety
7    Training Fund.
8        6. $20 of any original or renewal fee for a commercial
9    driver's license or commercial driver instruction permit
10    shall be paid into the Motor Carrier Safety Inspection
11    Fund.
12        7. The following amounts shall be paid into the General
13    Revenue Fund:
14            (A) $190 of the $250 reinstatement fee for a
15        summary suspension under Section 11-501.1;
16            (B) $40 of the $70 reinstatement fee for any other
17        suspension provided in subsection (b) of this Section;
18        and
19            (C) $440 of the $500 reinstatement fee for a first
20        offense revocation and $310 of the $500 reinstatement
21        fee for a second or subsequent revocation.
22        8. All except $10 of any fee for a driver's certificate
23    issued under subsection (b-2) of Section 6-106 of this Code
24    shall be deposited into the Secretary of State Driver's
25    Certificate Fund. The Secretary of State shall adopt rules
26    setting the fee for issuing a driver's certificate, in an

 

 

HB6228- 22 -LRB097 22806 HEP 71592 b

1    amount which will cover the additional cost associated with
2    issuing the driver's certificate.
3    (d) All of the proceeds of the additional fees imposed by
4this amendatory Act of the 96th General Assembly shall be
5deposited into the Capital Projects Fund.
6    (e) The additional fees imposed by this amendatory Act of
7the 96th General Assembly shall become effective 90 days after
8becoming law.
9    (f) As used in this Section, "active-duty member of the
10United States Armed Forces" means a member of the Armed
11Services or Reserve Forces of the United States or a member of
12the Illinois National Guard who is called to active duty
13pursuant to an executive order of the President of the United
14States, an act of the Congress of the United States, or an
15order of the Governor.
16(Source: P.A. 96-34, eff. 7-13-09; 96-38, eff. 7-13-09;
1796-1231, eff. 7-23-10; 96-1344, eff. 7-1-11; 97-333, eff.
188-12-11.)
 
19    (625 ILCS 5/6-205)
20    Sec. 6-205. Mandatory revocation of license or permit;
21Hardship cases.
22    (a) Except as provided in this Section, the Secretary of
23State shall immediately revoke the license, permit, or driving
24privileges of any driver upon receiving a report of the
25driver's conviction of any of the following offenses:

 

 

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1        1. Reckless homicide resulting from the operation of a
2    motor vehicle;
3        2. Violation of Section 11-501 of this Code or a
4    similar provision of a local ordinance relating to the
5    offense of operating or being in physical control of a
6    vehicle while under the influence of alcohol, other drug or
7    drugs, intoxicating compound or compounds, or any
8    combination thereof;
9        3. Any felony under the laws of any State or the
10    federal government in the commission of which a motor
11    vehicle was used;
12        4. Violation of Section 11-401 of this Code relating to
13    the offense of leaving the scene of a traffic accident
14    involving death or personal injury;
15        5. Perjury or the making of a false affidavit or
16    statement under oath to the Secretary of State under this
17    Code or under any other law relating to the ownership or
18    operation of motor vehicles;
19        6. Conviction upon 3 charges of violation of Section
20    11-503 of this Code relating to the offense of reckless
21    driving committed within a period of 12 months;
22        7. Conviction of any offense defined in Section 4-102
23    of this Code;
24        8. Violation of Section 11-504 of this Code relating to
25    the offense of drag racing;
26        9. Violation of Chapters 8 and 9 of this Code;

 

 

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1        10. Violation of Section 12-5 of the Criminal Code of
2    1961 arising from the use of a motor vehicle;
3        11. Violation of Section 11-204.1 of this Code relating
4    to aggravated fleeing or attempting to elude a peace
5    officer;
6        12. Violation of paragraph (1) of subsection (b) of
7    Section 6-507, or a similar law of any other state,
8    relating to the unlawful operation of a commercial motor
9    vehicle;
10        13. Violation of paragraph (a) of Section 11-502 of
11    this Code or a similar provision of a local ordinance if
12    the driver has been previously convicted of a violation of
13    that Section or a similar provision of a local ordinance
14    and the driver was less than 21 years of age at the time of
15    the offense;
16        14. Violation of paragraph (a) of Section 11-506 of
17    this Code or a similar provision of a local ordinance
18    relating to the offense of street racing;
19        15. A second or subsequent conviction of driving while
20    the person's driver's license, permit or privileges was
21    revoked for reckless homicide or a similar out-of-state
22    offense;
23        16. Any offense against any provision in this Code, or
24    any local ordinance, regulating the movement of traffic
25    when that offense was the proximate cause of the death of
26    any person. Any person whose driving privileges have been

 

 

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1    revoked pursuant to this paragraph may seek to have the
2    revocation terminated or to have the length of revocation
3    reduced by requesting an administrative hearing with the
4    Secretary of State prior to the projected driver's license
5    application eligibility date;
6        17. Violation of subsection (a-2) of Section 11-1301.3
7    of this Code or a similar provision of a local ordinance; .
8        18 17. A second or subsequent conviction of illegal
9    possession, while operating or in actual physical control,
10    as a driver, of a motor vehicle, of any controlled
11    substance prohibited under the Illinois Controlled
12    Substances Act, any cannabis prohibited under the Cannabis
13    Control Act, or any methamphetamine prohibited under the
14    Methamphetamine Control and Community Protection Act. A
15    defendant found guilty of this offense while operating a
16    motor vehicle shall have an entry made in the court record
17    by the presiding judge that this offense did occur while
18    the defendant was operating a motor vehicle and order the
19    clerk of the court to report the violation to the Secretary
20    of State.
21    (a-5) The Secretary of State shall immediately revoke a
22driver's certificate issued under subdivision (b-2) of Section
236-106 of this Code upon notification from the Illinois
24Department of Revenue that the holder of the driver's
25certificate is not in compliance with any applicable tax laws
26administered by the Department of Revenue.

 

 

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1    (b) The Secretary of State shall also immediately revoke
2the license or permit of any driver in the following
3situations:
4        1. Of any minor upon receiving the notice provided for
5    in Section 5-901 of the Juvenile Court Act of 1987 that the
6    minor has been adjudicated under that Act as having
7    committed an offense relating to motor vehicles prescribed
8    in Section 4-103 of this Code;
9        2. Of any person when any other law of this State
10    requires either the revocation or suspension of a license
11    or permit;
12        3. Of any person adjudicated under the Juvenile Court
13    Act of 1987 based on an offense determined to have been
14    committed in furtherance of the criminal activities of an
15    organized gang as provided in Section 5-710 of that Act,
16    and that involved the operation or use of a motor vehicle
17    or the use of a driver's license or permit. The revocation
18    shall remain in effect for the period determined by the
19    court. Upon the direction of the court, the Secretary shall
20    issue the person a judicial driving permit, also known as a
21    JDP. The JDP shall be subject to the same terms as a JDP
22    issued under Section 6-206.1, except that the court may
23    direct that a JDP issued under this subdivision (b)(3) be
24    effective immediately.
25    (c)(1) Whenever a person is convicted of any of the
26offenses enumerated in this Section, the court may recommend

 

 

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1and the Secretary of State in his discretion, without regard to
2whether the recommendation is made by the court may, upon
3application, issue to the person a restricted driving permit
4granting the privilege of driving a motor vehicle between the
5petitioner's residence and petitioner's place of employment or
6within the scope of the petitioner's employment related duties,
7or to allow the petitioner to transport himself or herself or a
8family member of the petitioner's household to a medical
9facility for the receipt of necessary medical care or to allow
10the petitioner to transport himself or herself to and from
11alcohol or drug remedial or rehabilitative activity
12recommended by a licensed service provider, or to allow the
13petitioner to transport himself or herself or a family member
14of the petitioner's household to classes, as a student, at an
15accredited educational institution, or to allow the petitioner
16to transport children, elderly persons, or disabled persons who
17do not hold driving privileges and are living in the
18petitioner's household to and from daycare; if the petitioner
19is able to demonstrate that no alternative means of
20transportation is reasonably available and that the petitioner
21will not endanger the public safety or welfare; provided that
22the Secretary's discretion shall be limited to cases where
23undue hardship, as defined by the rules of the Secretary of
24State, would result from a failure to issue the restricted
25driving permit. Those multiple offenders identified in
26subdivision (b)4 of Section 6-208 of this Code, however, shall

 

 

HB6228- 28 -LRB097 22806 HEP 71592 b

1not be eligible for the issuance of a restricted driving
2permit.
3        (2) If a person's license or permit is revoked or
4    suspended due to 2 or more convictions of violating Section
5    11-501 of this Code or a similar provision of a local
6    ordinance or a similar out-of-state offense, or Section 9-3
7    of the Criminal Code of 1961, where the use of alcohol or
8    other drugs is recited as an element of the offense, or a
9    similar out-of-state offense, or a combination of these
10    offenses, arising out of separate occurrences, that
11    person, if issued a restricted driving permit, may not
12    operate a vehicle unless it has been equipped with an
13    ignition interlock device as defined in Section 1-129.1.
14        (3) If:
15            (A) a person's license or permit is revoked or
16        suspended 2 or more times within a 10 year period due
17        to any combination of:
18                (i) a single conviction of violating Section
19            11-501 of this Code or a similar provision of a
20            local ordinance or a similar out-of-state offense,
21            or Section 9-3 of the Criminal Code of 1961, where
22            the use of alcohol or other drugs is recited as an
23            element of the offense, or a similar out-of-state
24            offense; or
25                (ii) a statutory summary suspension or
26            revocation under Section 11-501.1; or

 

 

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1                (iii) a suspension pursuant to Section
2            6-203.1;
3        arising out of separate occurrences; or
4            (B) a person has been convicted of one violation of
5        Section 6-303 of this Code committed while his or her
6        driver's license, permit, or privilege was revoked
7        because of a violation of Section 9-3 of the Criminal
8        Code of 1961, relating to the offense of reckless
9        homicide where the use of alcohol or other drugs was
10        recited as an element of the offense, or a similar
11        provision of a law of another state;
12    that person, if issued a restricted driving permit, may not
13    operate a vehicle unless it has been equipped with an
14    ignition interlock device as defined in Section 1-129.1.
15        (4) The person issued a permit conditioned on the use
16    of an ignition interlock device must pay to the Secretary
17    of State DUI Administration Fund an amount not to exceed
18    $30 per month. The Secretary shall establish by rule the
19    amount and the procedures, terms, and conditions relating
20    to these fees.
21        (5) If the restricted driving permit is issued for
22    employment purposes, then the prohibition against
23    operating a motor vehicle that is not equipped with an
24    ignition interlock device does not apply to the operation
25    of an occupational vehicle owned or leased by that person's
26    employer when used solely for employment purposes.

 

 

HB6228- 30 -LRB097 22806 HEP 71592 b

1        (6) In each case the Secretary of State may issue a
2    restricted driving permit for a period he deems
3    appropriate, except that the permit shall expire within one
4    year from the date of issuance. The Secretary may not,
5    however, issue a restricted driving permit to any person
6    whose current revocation is the result of a second or
7    subsequent conviction for a violation of Section 11-501 of
8    this Code or a similar provision of a local ordinance or
9    any similar out-of-state offense, or Section 9-3 of the
10    Criminal Code of 1961, where the use of alcohol or other
11    drugs is recited as an element of the offense, or any
12    similar out-of-state offense, or any combination of these
13    offenses, until the expiration of at least one year from
14    the date of the revocation. A restricted driving permit
15    issued under this Section shall be subject to cancellation,
16    revocation, and suspension by the Secretary of State in
17    like manner and for like cause as a driver's license issued
18    under this Code may be cancelled, revoked, or suspended;
19    except that a conviction upon one or more offenses against
20    laws or ordinances regulating the movement of traffic shall
21    be deemed sufficient cause for the revocation, suspension,
22    or cancellation of a restricted driving permit. The
23    Secretary of State may, as a condition to the issuance of a
24    restricted driving permit, require the petitioner to
25    participate in a designated driver remedial or
26    rehabilitative program. The Secretary of State is

 

 

HB6228- 31 -LRB097 22806 HEP 71592 b

1    authorized to cancel a restricted driving permit if the
2    permit holder does not successfully complete the program.
3    However, if an individual's driving privileges have been
4    revoked in accordance with paragraph 13 of subsection (a)
5    of this Section, no restricted driving permit shall be
6    issued until the individual has served 6 months of the
7    revocation period.
8    (c-5) (Blank).
9    (c-6) If a person is convicted of a second violation of
10operating a motor vehicle while the person's driver's license,
11permit or privilege was revoked, where the revocation was for a
12violation of Section 9-3 of the Criminal Code of 1961 relating
13to the offense of reckless homicide or a similar out-of-state
14offense, the person's driving privileges shall be revoked
15pursuant to subdivision (a)(15) of this Section. The person may
16not make application for a license or permit until the
17expiration of five years from the effective date of the
18revocation or the expiration of five years from the date of
19release from a term of imprisonment, whichever is later.
20    (c-7) If a person is convicted of a third or subsequent
21violation of operating a motor vehicle while the person's
22driver's license, permit or privilege was revoked, where the
23revocation was for a violation of Section 9-3 of the Criminal
24Code of 1961 relating to the offense of reckless homicide or a
25similar out-of-state offense, the person may never apply for a
26license or permit.

 

 

HB6228- 32 -LRB097 22806 HEP 71592 b

1    (d)(1) Whenever a person under the age of 21 is convicted
2under Section 11-501 of this Code or a similar provision of a
3local ordinance or a similar out-of-state offense, the
4Secretary of State shall revoke the driving privileges of that
5person. One year after the date of revocation, and upon
6application, the Secretary of State may, if satisfied that the
7person applying will not endanger the public safety or welfare,
8issue a restricted driving permit granting the privilege of
9driving a motor vehicle only between the hours of 5 a.m. and 9
10p.m. or as otherwise provided by this Section for a period of
11one year. After this one year period, and upon reapplication
12for a license as provided in Section 6-106, upon payment of the
13appropriate reinstatement fee provided under paragraph (b) of
14Section 6-118, the Secretary of State, in his discretion, may
15reinstate the petitioner's driver's license and driving
16privileges, or extend the restricted driving permit as many
17times as the Secretary of State deems appropriate, by
18additional periods of not more than 12 months each.
19        (2) If a person's license or permit is revoked or
20    suspended due to 2 or more convictions of violating Section
21    11-501 of this Code or a similar provision of a local
22    ordinance or a similar out-of-state offense, or Section 9-3
23    of the Criminal Code of 1961, where the use of alcohol or
24    other drugs is recited as an element of the offense, or a
25    similar out-of-state offense, or a combination of these
26    offenses, arising out of separate occurrences, that

 

 

HB6228- 33 -LRB097 22806 HEP 71592 b

1    person, if issued a restricted driving permit, may not
2    operate a vehicle unless it has been equipped with an
3    ignition interlock device as defined in Section 1-129.1.
4        (3) If a person's license or permit is revoked or
5    suspended 2 or more times within a 10 year period due to
6    any combination of:
7            (A) a single conviction of violating Section
8        11-501 of this Code or a similar provision of a local
9        ordinance or a similar out-of-state offense, or
10        Section 9-3 of the Criminal Code of 1961, where the use
11        of alcohol or other drugs is recited as an element of
12        the offense, or a similar out-of-state offense; or
13            (B) a statutory summary suspension or revocation
14        under Section 11-501.1; or
15            (C) a suspension pursuant to Section 6-203.1;
16    arising out of separate occurrences, that person, if issued
17    a restricted driving permit, may not operate a vehicle
18    unless it has been equipped with an ignition interlock
19    device as defined in Section 1-129.1.
20        (4) The person issued a permit conditioned upon the use
21    of an interlock device must pay to the Secretary of State
22    DUI Administration Fund an amount not to exceed $30 per
23    month. The Secretary shall establish by rule the amount and
24    the procedures, terms, and conditions relating to these
25    fees.
26        (5) If the restricted driving permit is issued for

 

 

HB6228- 34 -LRB097 22806 HEP 71592 b

1    employment purposes, then the prohibition against driving
2    a vehicle that is not equipped with an ignition interlock
3    device does not apply to the operation of an occupational
4    vehicle owned or leased by that person's employer when used
5    solely for employment purposes.
6        (6) A restricted driving permit issued under this
7    Section shall be subject to cancellation, revocation, and
8    suspension by the Secretary of State in like manner and for
9    like cause as a driver's license issued under this Code may
10    be cancelled, revoked, or suspended; except that a
11    conviction upon one or more offenses against laws or
12    ordinances regulating the movement of traffic shall be
13    deemed sufficient cause for the revocation, suspension, or
14    cancellation of a restricted driving permit.
15    (d-5) The revocation of the license, permit, or driving
16privileges of a person convicted of a third or subsequent
17violation of Section 6-303 of this Code committed while his or
18her driver's license, permit, or privilege was revoked because
19of a violation of Section 9-3 of the Criminal Code of 1961,
20relating to the offense of reckless homicide, or a similar
21provision of a law of another state, is permanent. The
22Secretary may not, at any time, issue a license or permit to
23that person.
24    (e) This Section is subject to the provisions of the Driver
25License Compact.
26    (f) Any revocation imposed upon any person under

 

 

HB6228- 35 -LRB097 22806 HEP 71592 b

1subsections 2 and 3 of paragraph (b) that is in effect on
2December 31, 1988 shall be converted to a suspension for a like
3period of time.
4    (g) The Secretary of State shall not issue a restricted
5driving permit to a person under the age of 16 years whose
6driving privileges have been revoked under any provisions of
7this Code.
8    (h) The Secretary of State shall require the use of
9ignition interlock devices on all vehicles owned by a person
10who has been convicted of a second or subsequent offense under
11Section 11-501 of this Code or a similar provision of a local
12ordinance. The person must pay to the Secretary of State DUI
13Administration Fund an amount not to exceed $30 for each month
14that he or she uses the device. The Secretary shall establish
15by rule and regulation the procedures for certification and use
16of the interlock system, the amount of the fee, and the
17procedures, terms, and conditions relating to these fees.
18    (i) (Blank).
19    (j) In accordance with 49 C.F.R. 384, the Secretary of
20State may not issue a restricted driving permit for the
21operation of a commercial motor vehicle to a person holding a
22CDL whose driving privileges have been revoked, suspended,
23cancelled, or disqualified under any provisions of this Code.
24(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
2596-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
267-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff.

 

 

HB6228- 36 -LRB097 22806 HEP 71592 b

11-1-13; revised 8-3-12.)
 
2    Section 97. Severability. The provisions of this Act are
3severable under Section 1.31 of the Statute on Statutes.