Full Text of HB1565 94th General Assembly
HB1565 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1565
Introduced 2/14/2005, by Rep. Cynthia Soto SYNOPSIS AS INTRODUCED: |
|
|
Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Provides that it is unlawful to possess, use, or allow to be used, any materials, hardware, or software specifically designed or primarily used for the reading of encrypted language from the bar code or magnetic strip of an official Illinois Identification Card, Disabled Person Identification Card, driver's license, or permit. Provides that, after a dealer buys a
vehicle and holds it for resale, the dealer must procure the certificate of
title from the owner or lienholder. Provides that the only vehicles that may be registered are those that (i) were originally manufactured for operation on highways, (ii) are modifications of those vehicles, or (iii) are assembled from parts intended for those vehicles. Deletes language providing that the distinctive registration plates for electronic vehicles shall distinguish between those vehicles having a maximum speed of 45 miles per hour and those having a slower maximum speed. Deletes language providing that a person must notify the Secretary of State if he or she moves to an address other than the address shown on a certificate of title. Provides that a person may give other than a written notice of a change of address from that shown on a registration application or card. Provides that the Secretary of State may revoke or suspend the registration or certificate of title of a vehicle if the Secretary determines that any required fees have not been paid to the Illinois Department of Revenue under the Motor Fuel Tax Law, and the fees are not paid upon reasonable notice and demand. Provides that, when an
owner is reclassing the registration of a vehicle from a flat weight (rather than a flat rate) plate to an
apportioned plate during a current registration period, a refund may
be issued if the credit for the unused portion of the registration fee
amounts to an overpayment. Provides that the owner of a second division vehicle on which he or she has elected to pay a mileage weight tax must once (rather than twice) per year submit to the Secretary records of the miles traveled by the vehicle. Provides that a vehicle owner and an insurance carrier may submit to the Secretary proof of insurance and notice of the cancellation of a policy, respectively, by electronic means. Deletes language requiring the Secretary to provide notice by certified mail to any person whose insurance security deposit must be claimed in 30 days to avoid forfeiture. Provides that any child under the age of 8 (rather than 6) riding in a vehicle must be secured in a proper child restraint system. Provides that a holder of a graduated driver's license under the age of 18 may not drive a vehicle unless all passengers under 18 are properly secured in seat belts and all children under 8 are secured as required. Repeals a provision providing that the Secretary shall receive a $2 filing fee for filing a notice or release of a security interest. Makes other changes.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB1565 |
|
LRB094 09714 DRH 39970 b |
|
| 1 |
| AN ACT concerning transportation.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Identification Card Act is amended | 5 |
| by changing Section 14 as follows:
| 6 |
| (15 ILCS 335/14)
(from Ch. 124, par. 34)
| 7 |
| Sec. 14. Unlawful use of identification card.
| 8 |
| (a) It is a violation of this Section for any person:
| 9 |
| 1. To possess, display, or cause to be displayed
any | 10 |
| cancelled or revoked identification card;
| 11 |
| 2. To display or represent as the person's own any
| 12 |
| identification
card issued to another;
| 13 |
| 3. To allow any unlawful use of an identification card
| 14 |
| issued to the person;
| 15 |
| 4. To lend an identification card to
another or | 16 |
| knowingly allow the use
thereof by another;
| 17 |
| 5. To fail or refuse to surrender to the Secretary of | 18 |
| State, the
Secretary's agent or any peace officer upon | 19 |
| lawful demand, any
identification card
which has
been | 20 |
| revoked or cancelled;
| 21 |
| 6. To possess, use, or allow to be used any materials, | 22 |
| hardware, or
software specifically designed for or | 23 |
| primarily used in the manufacture,
assembly,
issuance, or | 24 |
| authentication of an official Illinois Identification Card | 25 |
| or
Illinois
Disabled Person Identification Card issued by | 26 |
| the Secretary of State or in the reading of encrypted | 27 |
| language from the bar code or magnetic strip of one of | 28 |
| those cards; or
| 29 |
| 7.
6. To knowingly possess, use, or allow to be used a | 30 |
| stolen identification card making implement. | 31 |
| (a-5) As used in this Section "identification card" means | 32 |
| any document
made or issued by or under the authority of the |
|
|
|
HB1565 |
- 2 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| United States Government, the
State of Illinois or any other | 2 |
| State or political subdivision thereof, or any
governmental or | 3 |
| quasi-governmental organization that, when completed with
| 4 |
| information concerning the individual, is of a type intended or | 5 |
| commonly
accepted for the purpose of identifying the | 6 |
| individual.
| 7 |
| (b) Sentence.
| 8 |
| 1. Any person convicted of a violation of this Section | 9 |
| shall be guilty
of a Class A misdemeanor and shall be | 10 |
| sentenced to a minimum fine of $500 or
50 hours of | 11 |
| community service, preferably at an alcohol abuse | 12 |
| prevention
program, if available.
| 13 |
| 2. A person convicted of a second or subsequent | 14 |
| violation of this
Section shall be guilty of a Class 4 | 15 |
| felony.
| 16 |
| (c) This Section does not prohibit any lawfully authorized
| 17 |
| investigative, protective, law enforcement or other activity | 18 |
| of any agency
of the United States, State of Illinois or any | 19 |
| other state or political
subdivision thereof.
| 20 |
| (Source: P.A. 93-667, eff. 3-19-04; 93-895, eff. 1-1-05; | 21 |
| revised 10-25-04.)
| 22 |
| Section 10. The Illinois Vehicle Code is amended by | 23 |
| changing Sections 3-113, 3-401, 3-412, 3-416, 3-704, 3-802, | 24 |
| 3-803, 3-818, 6-107, 6-301.2, 7-315, 7-318, 7-503, and 12-603.1 | 25 |
| as follows: | 26 |
| (625 ILCS 5/3-113) (from Ch. 95 1/2, par. 3-113)
| 27 |
| Sec. 3-113. Transfer to or from dealer; records.
| 28 |
| (a) After
If a dealer buys a vehicle and holds it for | 29 |
| resale , the
dealer must procure
and procures the
certificate of | 30 |
| title from the owner or the lienholder . The dealer may hold
the | 31 |
| certificate until he or she transfers the vehicle to another | 32 |
| person.
within 10 days
after
delivery to him of the vehicle, he | 33 |
| need not send the certificate to the
Secretary of State but,
| 34 |
| Upon transferring the vehicle to another person ,
the dealer
|
|
|
|
HB1565 |
- 3 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| other
than by the creation of a security interest, shall | 2 |
| promptly and within 20
days
execute the assignment and warranty | 3 |
| of title by a dealer, showing the names and
addresses of the | 4 |
| transferee and of any lienholder holding a security interest
| 5 |
| created or reserved at the time of the resale, in the spaces | 6 |
| provided therefor
on the certificate or as the Secretary of | 7 |
| State prescribes, and mail or deliver
the certificate to the | 8 |
| Secretary of State with the transferee's application for
a new | 9 |
| certificate, except as provided in Section 3-117.2.
| 10 |
| (b) The Secretary of State may decline to process any | 11 |
| application for a
transfer of an interest in a vehicle if any | 12 |
| fees or taxes due under this
Code from the transferor or the | 13 |
| transferee have not been paid upon
reasonable notice and | 14 |
| demand.
| 15 |
| (c) Any person who violates this Section shall be guilty of | 16 |
| a petty offense.
| 17 |
| (Source: P.A. 86-820; 87-1225.)
| 18 |
| (625 ILCS 5/3-401) (from Ch. 95 1/2, par. 3-401)
| 19 |
| Sec. 3-401. Effect of provisions.
| 20 |
| (a) It shall be unlawful for any
person to violate any | 21 |
| provision of this Chapter or to drive or move or
for an owner | 22 |
| knowingly to permit to be driven or moved upon any highway
any | 23 |
| vehicle of a type required to be registered hereunder which is | 24 |
| not
registered or for which the appropriate fee has not been | 25 |
| paid when and
as required hereunder, except that when | 26 |
| application accompanied by
proper fee has been made for | 27 |
| registration of a vehicle it may be
operated temporarily | 28 |
| pending complete registration upon displaying a
duplicate | 29 |
| application duly verified or other evidence of such
application | 30 |
| or otherwise under rules and regulations promulgated by the
| 31 |
| Secretary of State.
| 32 |
| (b) The appropriate fees required to be paid under the | 33 |
| various
provisions of this Act for registration of vehicles | 34 |
| shall mean the fee
or fees which would have been paid | 35 |
| initially, if proper and timely
application had been made to |
|
|
|
HB1565 |
- 4 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| the Secretary of State for the appropriate
registration | 2 |
| required, whether such registration be a flat weight
| 3 |
| registration, a single trip permit, a reciprocity permit or a
| 4 |
| supplemental application to an original prorate application | 5 |
| together
with payment of fees due under the supplemental | 6 |
| application for prorate
decals.
| 7 |
| (c) Effective October 1, 1984, no vehicle required to pay a | 8 |
| Federal
Highway
Users Tax shall be registered unless proof of | 9 |
| payment, in a form prescribed
and approved by the Secretary of | 10 |
| State, is submitted with the appropriate
registration. | 11 |
| Notwithstanding any other provision of this Code, failure
of | 12 |
| the applicant to comply with this paragraph shall be deemed | 13 |
| grounds for
the Secretary to refuse registration.
| 14 |
| (c-1) A vehicle may not be registered by the Secretary of | 15 |
| State unless that vehicle:
| 16 |
| (1) was originally manufactured for operation on | 17 |
| highways; | 18 |
| (2) is a modification of a vehicle that was originally | 19 |
| manufactured for operation on highways; or | 20 |
| (3) was assembled from component parts designed for use | 21 |
| in vehicles to be operated on highways.
| 22 |
| (d) Second division vehicles.
| 23 |
| (1) A vehicle of the second division moved or operated | 24 |
| within this State
shall have had paid for it the | 25 |
| appropriate registration fees and flat weight
tax, as
| 26 |
| evidenced by the Illinois registration issued for that | 27 |
| vehicle, for the gross
weight of the vehicle and load being | 28 |
| operated or moved within this State.
Second division | 29 |
| vehicles of foreign jurisdictions operated within this | 30 |
| State
under a single trip permit, fleet reciprocity plan, | 31 |
| prorate registration plan,
or apportional registration | 32 |
| plan, instead of second division vehicle
registration | 33 |
| under Article VIII of this Chapter, must have had paid for | 34 |
| it the
appropriate
registration fees and flat weight tax in | 35 |
| the base jurisdiction of that vehicle,
as evidenced by the | 36 |
| maximum gross weight shown on the foreign registration
|
|
|
|
HB1565 |
- 5 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| cards, plus any appropriate fees required under this Code.
| 2 |
| (2) If a vehicle and load are operated in this State | 3 |
| and the
appropriate fees and taxes have not been paid or | 4 |
| the vehicle and load exceed
the registered gross weight for | 5 |
| which the
required fees and taxes have been paid by 2001 | 6 |
| pounds or more, the operator or
owner shall be fined as | 7 |
| provided in Section 15-113 of this Code. However, an
owner | 8 |
| or operator shall not be subject to arrest under this | 9 |
| subsection for any
weight in excess of 80,000 pounds. | 10 |
| Further, for any unregistered vehicle or
vehicle | 11 |
| displaying expired registration, no fine shall exceed the | 12 |
| actual
cost of what the appropriate registration for that | 13 |
| vehicle and load should have
been as established in | 14 |
| subsection (a) of Section 3-815 of
this Chapter regardless | 15 |
| of the route
traveled.
| 16 |
| (3) Any person operating a legal combination of | 17 |
| vehicles displaying valid
registration shall not be | 18 |
| considered in violation of the registration provision
of | 19 |
| this subsection unless the total gross weight of the | 20 |
| combination exceeds the
total licensed weight of the | 21 |
| vehicles in the combination.
The gross weight of a vehicle | 22 |
| exempt from the registration requirements of
this Chapter | 23 |
| shall not be included when determining the total gross | 24 |
| weight of
vehicles in combination.
| 25 |
| (4) If the defendant claims that he or she had | 26 |
| previously paid the
appropriate Illinois registration fees | 27 |
| and taxes for this vehicle before the
alleged violation, | 28 |
| the defendant shall have the burden of proving the | 29 |
| existence
of the payment by competent evidence. Proof of | 30 |
| proper Illinois registration
issued by the Secretary of | 31 |
| State, or the appropriate registration authority
from the | 32 |
| foreign state, shall be the only competent evidence of | 33 |
| payment.
| 34 |
| (Source: P.A. 88-476; 89-245, eff. 1-1-96.)
| 35 |
| (625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
|
|
|
|
HB1565 |
- 6 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| Sec. 3-412. Registration plates and registration stickers | 2 |
| to be
furnished by the Secretary of State.
| 3 |
| (a) The Secretary of State upon registering a vehicle | 4 |
| subject to annual
registration for the first time shall issue | 5 |
| or shall cause to be issued to the
owner one registration plate | 6 |
| for a motorcycle, trailer, semitrailer, motorized
pedalcycle | 7 |
| or truck-tractor, 2 registration plates for other motor | 8 |
| vehicles
and, where applicable, current registration stickers | 9 |
| for motor vehicles of the
first division. The provisions of | 10 |
| this Section may be made applicable to such
vehicles of the | 11 |
| second division, as the Secretary of State may, from time to
| 12 |
| time, in his discretion designate. On subsequent annual | 13 |
| registrations
during the term of the registration plate as | 14 |
| provided in Section 3-414.1, the
Secretary shall issue or cause | 15 |
| to be issued registration stickers as evidence
of current | 16 |
| registration. However, the issuance of annual registration | 17 |
| stickers
to vehicles registered under the provisions of | 18 |
| Sections 3-402.1 and 3-405.3 of
this Code may not be required | 19 |
| if the Secretary deems the issuance unnecessary.
| 20 |
| (b) Every registration plate shall have displayed upon it | 21 |
| the registration
number assigned to the vehicle for which it is | 22 |
| issued, the name of this State,
which may be abbreviated, the | 23 |
| year number for which it was issued, which may
be abbreviated, | 24 |
| the phrase "Land of Lincoln" (except as otherwise provided in
| 25 |
| this Code Chapter 3 ), and such other letters or numbers as the | 26 |
| Secretary
may prescribe. However, for apportionment plates | 27 |
| issued to vehicles registered
under Section 3-402.1 and fleet | 28 |
| plates issued to vehicles registered under
Section 3-405.3, the | 29 |
| phrase "Land of Lincoln" may be omitted to allow for
the word | 30 |
| "apportioned", the word "fleet", or other similar language to | 31 |
| be
displayed. Registration plates issued to a vehicle | 32 |
| registered as a fleet
vehicle may display a designation | 33 |
| determined by the Secretary.
| 34 |
| The Secretary may in his discretion prescribe
that letters | 35 |
| be used as prefixes only on registration plates issued to | 36 |
| vehicles
of the first division which are registered under this |
|
|
|
HB1565 |
- 7 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| Code and only as suffixes
on registration plates issued to | 2 |
| other vehicles. Every registration sticker
issued as evidence | 3 |
| of current registration shall designate the year number
for | 4 |
| which it is issued and such other letters or numbers as the | 5 |
| Secretary may
prescribe and shall be of a contrasting color | 6 |
| with the registration plates and
registration stickers of the | 7 |
| previous year.
| 8 |
| (c) Each registration plate and the required letters and | 9 |
| numerals thereon,
except the year number for which issued, | 10 |
| shall be of sufficient size to be
plainly readable from a | 11 |
| distance of 100 feet during daylight, and shall be
coated with | 12 |
| reflectorizing material. The dimensions of the plate issued to
| 13 |
| vehicles of the first division shall be 6 by 12 inches.
| 14 |
| (d) The Secretary of State shall issue for every passenger | 15 |
| motor vehicle
rented without a driver the same type of | 16 |
| registration plates as the type of
plates issued for a private | 17 |
| passenger vehicle.
| 18 |
| (e) The Secretary of State shall issue for every passenger
| 19 |
| car used as a taxicab or livery, distinctive registration | 20 |
| plates.
| 21 |
| (f) The Secretary of State shall issue for every motorcycle
| 22 |
| distinctive registration plates distinguishing between
| 23 |
| motorcycles having 150 or more cubic centimeters piston
| 24 |
| displacement, or having less than 150 cubic centimeter
piston | 25 |
| displacement.
| 26 |
| (g) Registration plates issued to vehicles for-hire may
| 27 |
| display a designation as determined by the Secretary that
such | 28 |
| vehicles are for-hire.
| 29 |
| (h) The Secretary of State shall issue for each electric
| 30 |
| vehicle distinctive registration plates for electric vehicles
| 31 |
| which shall distinguish
between electric vehicles having a | 32 |
| maximum operating speed
of 45 miles per hour or more and those | 33 |
| having a maximum
operating speed of less than 45 miles per | 34 |
| hour .
| 35 |
| (i) The Secretary of State shall issue for every public and | 36 |
| private
ambulance registration plates identifying the vehicle |
|
|
|
HB1565 |
- 8 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| as an ambulance.
The Secretary shall forward to the Department | 2 |
| of Public Aid registration
information for the purpose of | 3 |
| verification of claims filed with the
Department by ambulance | 4 |
| owners for payment for services to public assistance
| 5 |
| recipients.
| 6 |
| (j) The Secretary of State shall issue for every public and | 7 |
| private
medical carrier or rescue vehicle livery registration | 8 |
| plates displaying
numbers within ranges of numbers reserved | 9 |
| respectively for medical carriers
and rescue vehicles. The | 10 |
| Secretary shall forward to the Department of Public
Aid | 11 |
| registration information for the purpose of verification of | 12 |
| claims filed
with the Department by owners of medical carriers | 13 |
| or rescue vehicles for
payment for services to public | 14 |
| assistance recipients.
| 15 |
| (Source: P.A. 92-629, eff. 7-1-03; 92-651, eff. 7-11-02; | 16 |
| revised 9-27-03.)
| 17 |
| (625 ILCS 5/3-416) (from Ch. 95 1/2, par. 3-416)
| 18 |
| Sec. 3-416. Notice of change of address or name.
| 19 |
| (a) Whenever any person after making application for or | 20 |
| obtaining the
registration of a vehicle shall move from the | 21 |
| address named in the
application or shown upon a registration | 22 |
| card or certificate of title such
person shall within 10 days | 23 |
| thereafter notify the Secretary of State in
writing of his or | 24 |
| her old and new address.
| 25 |
| (a-5) A police officer, a deputy sheriff, an elected | 26 |
| sheriff, a law
enforcement officer for the Department of State | 27 |
| Police, or a fire investigator
who, in
accordance with Section | 28 |
| 3-405, has furnished the address of the office of the
| 29 |
| headquarters of the governmental entity or police district | 30 |
| where he or she
works instead of his or
her residence address | 31 |
| shall, within 10 days after he or she is no longer
employed by | 32 |
| that governmental entity or police district as a police | 33 |
| officer, a
deputy sheriff, an elected sheriff, a law | 34 |
| enforcement officer for the
Department of State Police or a | 35 |
| fire investigator, notify the Secretary of
State of the old |
|
|
|
HB1565 |
- 9 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| address and his or
her new address. If, in accordance with | 2 |
| Section 3-405, the spouse and children
of a police
officer, | 3 |
| deputy sheriff, elected sheriff, law enforcement officer for | 4 |
| the
Department of State Police, or fire investigator have | 5 |
| furnished the address of
the office of the headquarters of the | 6 |
| governmental entity or police district
where the police | 7 |
| officer, deputy sheriff, elected sheriff, law enforcement
| 8 |
| officer for the Department of State Police, or fire | 9 |
| investigator works instead
of their residence address, the | 10 |
| spouse and children shall notify the Secretary
of State of | 11 |
| their old address and new address within 10 days after the | 12 |
| police
officer, deputy sheriff, elected sheriff, law | 13 |
| enforcement officer for the
Department of State Police, or fire | 14 |
| investigator is no longer employed by that
governmental entity | 15 |
| or police district as a police officer, deputy sheriff,
elected | 16 |
| sheriff, law enforcement officer for the Department of State | 17 |
| Police, or
fire investigator.
| 18 |
| (b) Whenever the name of any person who has made | 19 |
| application for or
obtained the registration of a vehicle is | 20 |
| thereafter changed by marriage or
otherwise such person shall | 21 |
| within 10 days notify the Secretary of State of
such former and | 22 |
| new name.
| 23 |
| (c) In either event, any such person may obtain a corrected | 24 |
| registration
card or certificate of title upon application and | 25 |
| payment of the statutory
fee.
| 26 |
| (Source: P.A. 91-575, eff. 8-14-99.)
| 27 |
| (625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)
| 28 |
| Sec. 3-704. Authority of Secretary of State to suspend or | 29 |
| revoke a registration or
certificate of title; authority to | 30 |
| suspend or revoke the registration of a
vehicle.
| 31 |
| (a) The Secretary of State may suspend or revoke the | 32 |
| registration of a
vehicle or a certificate of title, | 33 |
| registration card, registration sticker,
registration plate, | 34 |
| person with disabilities parking decal or device,
or any | 35 |
| nonresident or other permit in any of the following events:
|
|
|
|
HB1565 |
- 10 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| 1. When the Secretary of State is satisfied that such | 2 |
| registration or
that such certificate, card, plate, | 3 |
| registration sticker or permit was
fraudulently or
| 4 |
| erroneously issued;
| 5 |
| 2. When a registered vehicle has been dismantled or | 6 |
| wrecked or is not
properly equipped;
| 7 |
| 3. When the Secretary of State determines that any | 8 |
| required fees have
not been paid to either the Secretary of | 9 |
| State , to
or the Illinois Commerce
Commission , or to the | 10 |
| Illinois Department of Revenue under the Motor Fuel Tax | 11 |
| Law, and the same are not paid upon reasonable notice and | 12 |
| demand;
| 13 |
| 4. When a registration card, registration plate, | 14 |
| registration sticker
or permit is knowingly
displayed upon | 15 |
| a vehicle other than the one for which issued;
| 16 |
| 5. When the Secretary of State determines that the | 17 |
| owner has committed
any offense under this Chapter | 18 |
| involving the registration or the
certificate, card, | 19 |
| plate, registration sticker or permit to be suspended or
| 20 |
| revoked;
| 21 |
| 6. When the Secretary of State determines that a | 22 |
| vehicle registered
not-for-hire is used or operated | 23 |
| for-hire unlawfully, or used or operated
for purposes other | 24 |
| than those authorized;
| 25 |
| 7. When the Secretary of State determines that an owner | 26 |
| of a for-hire
motor vehicle has failed to give proof of | 27 |
| financial responsibility as
required by this Act;
| 28 |
| 8. When the Secretary determines that the vehicle is | 29 |
| not subject to or
eligible for a registration;
| 30 |
| 9. When the Secretary determines that the owner of a | 31 |
| vehicle registered
under the mileage weight tax option | 32 |
| fails to maintain the records specified
by law, or fails to | 33 |
| file the reports required by law, or that such vehicle
is | 34 |
| not equipped with an operable and operating speedometer or | 35 |
| odometer;
| 36 |
| 10. When the Secretary of State is so authorized under |
|
|
|
HB1565 |
- 11 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| any other
provision of law;
| 2 |
| 11. When the Secretary of State determines that the | 3 |
| holder of a person
with
disabilities parking decal or | 4 |
| device has committed any offense under Chapter 11
of this | 5 |
| Code involving the use of a person with disabilities | 6 |
| parking decal
or device.
| 7 |
| (b) The Secretary of State may suspend or revoke the | 8 |
| registration of a
vehicle as follows:
| 9 |
| 1. When the Secretary of State determines that the | 10 |
| owner of a vehicle has
not paid a civil penalty or a | 11 |
| settlement agreement arising from the
violation of rules | 12 |
| adopted under the Illinois Motor Carrier Safety Law or the
| 13 |
| Illinois Hazardous Materials Transportation Act or that a | 14 |
| vehicle, regardless
of ownership, was the subject of | 15 |
| violations of these rules that resulted in a
civil penalty | 16 |
| or settlement agreement which remains unpaid.
| 17 |
| 2. When the Secretary of State determines that a | 18 |
| vehicle registered for a
gross weight of more than 16,000 | 19 |
| pounds within an affected area is not in
compliance with | 20 |
| the provisions of Section 13-109.1 of the Illinois Vehicle
| 21 |
| Code.
| 22 |
| (Source: P.A. 92-437, eff. 8-17-01.)
| 23 |
| (625 ILCS 5/3-802) (from Ch. 95 1/2, par. 3-802)
| 24 |
| Sec. 3-802. Reclassifications and upgrades.
| 25 |
| (a) Definitions. For the purposes of this Section, the | 26 |
| following words
shall have the meanings ascribed to them as | 27 |
| follows:
| 28 |
| "Reclassification" means changing the registration of | 29 |
| a vehicle from one
plate category to another.
| 30 |
| "Upgrade" means increasing the registered weight of a | 31 |
| vehicle within the
same plate category.
| 32 |
| (b) When reclassing the registration of a vehicle from one | 33 |
| plate category
to another, the owner shall receive credit for | 34 |
| the unused portion of the
present
plate and be charged the | 35 |
| current portion fees for the new plate. In addition,
the |
|
|
|
HB1565 |
- 12 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| appropriate replacement plate and replacement sticker fees | 2 |
| shall be
assessed.
| 3 |
| (c) When upgrading the weight of a registration within the | 4 |
| same plate
category, the owner shall pay the difference in | 5 |
| current period fees between the
two plates. In addition, the | 6 |
| appropriate replacement plate and replacement
sticker fees | 7 |
| shall be assessed. In the event new plates are not required, | 8 |
| the
corrected registration card fee shall be assessed.
| 9 |
| (d) In the event the owner of the vehicle desires to change | 10 |
| the registered
weight and change the plate category, the owner | 11 |
| shall receive credit for the
unused portion of the registration | 12 |
| fee of the current plate and pay the current
portion of the | 13 |
| registration fee for the new plate, and in addition, pay the
| 14 |
| appropriate replacement plate
and replacement sticker fees.
| 15 |
| (e) Reclassing from one plate category to another plate | 16 |
| category can be done
only once within any registration period.
| 17 |
| (f) No refunds shall be made in any of the circumstances | 18 |
| found in subsection
(b), subsection (c), or subsection (d); | 19 |
| however, when reclassing from a flat
weight
rate plate to an | 20 |
| apportioned plate, a refund may be issued if the applicant was
| 21 |
| issued the wrong plate originally and the credit amounts to an | 22 |
| overpayment.
| 23 |
| (g) In the event the registration of a vehicle registered | 24 |
| under the mileage
tax option is revoked, the owner shall be | 25 |
| required to pay the annual
registration fee in the new plate | 26 |
| category and shall not receive any credit for
the mileage plate | 27 |
| fees.
| 28 |
| (h) Certain special interest plates may be displayed on | 29 |
| first division
vehicles, second division vehicles weighing | 30 |
| 8,000 pounds or less, and
recreational
vehicles. Those plates | 31 |
| can be transferred within those vehicle groups.
| 32 |
| (i) Plates displayed on second division vehicles weighing | 33 |
| 8,000 pounds or
less and passenger vehicle plates may be | 34 |
| reclassed from one division to the
other.
| 35 |
| (j) Other than in subsection (i), reclassing from one | 36 |
| division to the
other division is prohibited. In addition, a |
|
|
|
HB1565 |
- 13 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| reclass from a motor vehicle to a
trailer or a trailer to a | 2 |
| motor vehicle is prohibited.
| 3 |
| (Source: P.A. 93-365, eff. 7-24-03.)
| 4 |
| (625 ILCS 5/3-803) (from Ch. 95 1/2, par. 3-803)
| 5 |
| Sec. 3-803. Reductions.
| 6 |
| (a) Reduction of fees and taxes prescribed
in this Chapter | 7 |
| shall be applicable only to vehicles newly-acquired by
the | 8 |
| owner after the beginning of a registration period or which | 9 |
| become
subject to registration after the beginning of a | 10 |
| registration period as
specified in this Act. The Secretary of | 11 |
| State may deny a reduction as
to any vehicle operated in this | 12 |
| State without being properly and timely
registered in Illinois | 13 |
| under this Chapter, of a vehicle in violation of
any provision | 14 |
| of this Chapter, or upon detection of such violation by an
| 15 |
| audit, or upon determining that such vehicle was operated in | 16 |
| Illinois
before such violation. Bond or other security in the | 17 |
| proper amount may
be required by the Secretary of State while | 18 |
| the matter is under
investigation. Reductions shall be granted | 19 |
| if a person becomes the owner
after the dates specified or if a | 20 |
| vehicle becomes subject to
registration under this Act, as | 21 |
| amended, after the dates specified.
| 22 |
| (b) Vehicles of the First Division. The annual fees and | 23 |
| taxes
prescribed by Section 3-806 shall be reduced by 50% on | 24 |
| and after June
15, except as provided in Sections 3-414 and | 25 |
| 3-802 of this Act.
| 26 |
| (c) Vehicles of the Second Division. The annual fees and | 27 |
| taxes
prescribed by Sections 3-402, 3-402.1, 3-815 and 3-819 | 28 |
| and paid on a calendar
year for such vehicles shall be reduced | 29 |
| on a quarterly basis if the vehicle
becomes subject to | 30 |
| registration on and after March 31, June
30 or September 30. | 31 |
| Where such fees and taxes are payable on a
fiscal year basis, | 32 |
| they shall be reduced on a quarterly basis on and after
| 33 |
| September 30, December 31 or March 31.
| 34 |
| (d) Two-year Registrations. The fees and taxes prescribed | 35 |
| by
Section 3-808 for 2-year registrations shall not be reduced |
|
|
|
HB1565 |
- 14 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| in any
event. However, the fees and taxes prescribed for all | 2 |
| other 2-year
registrations by this Act, shall be reduced as | 3 |
| follows:
| 4 |
| By 25% on and after June 15;
| 5 |
| By 50% on and after December 15;
| 6 |
| By 75% on and after the next ensuing June 15.
| 7 |
| (e) The registration fees and taxes imposed upon certain | 8 |
| vehicles
shall not be reduced by any amount in any event in the | 9 |
| following
instances:
| 10 |
| Permits under Sections 3-403 and 3-811;
| 11 |
| Municipal Buses under Section 3-807;
| 12 |
| Governmental or charitable vehicles under Section 3-808;
| 13 |
| Farm Machinery under Section 3-809;
| 14 |
| Soil and conservation equipment under Section 3-809.1;
| 15 |
| Special Plates under Section 3-810;
| 16 |
| Permanently mounted equipment under Section 3-812;
| 17 |
| Registration fee under Section 3-813;
| 18 |
| Semitrailer fees under Section 3-814;
| 19 |
| Farm trucks under Section 3-815;
| 20 |
| Mileage weight tax option under Section 3-818;
| 21 |
| Farm trailers under Section 3-819;
| 22 |
| Duplicate plates under Section 3-820;
| 23 |
| Fees under Section 3-821;
| 24 |
| Security Fees under Section 3-822;
| 25 |
| Search Fees under Section 3-823.
| 26 |
| (f) The reductions provided for shall not apply to any | 27 |
| vehicle of the
first or second division registered by the same | 28 |
| applicant in the prior
registration year.
| 29 |
| The changes to this Section made by Public Act 84-210 take
| 30 |
| This bill
takes effect with the 1986 Calendar Registration | 31 |
| Year.
| 32 |
| (g) Reductions shall in no event result in payment of a fee | 33 |
| or tax less
than $6, and the Secretary of State shall | 34 |
| promulgate schedules of fees
reflecting applicable reductions. | 35 |
| Where any reduced amount is not stated in
full dollars, the | 36 |
| Secretary of State may adjust the amount due to the nearest
|
|
|
|
HB1565 |
- 15 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| full dollar amount.
| 2 |
| (h) The reductions provided for in subsections (a) through | 3 |
| (g) of this
Section shall not apply to those vehicles of the | 4 |
| first or second division
registered on a staggered registration | 5 |
| basis.
| 6 |
| (i) A vehicle which becomes subject to registration during | 7 |
| the last
month of the current registration year is exempt from | 8 |
| any applicable reduced
fourth quarter or second semiannual | 9 |
| registration fee, and may register for
the subsequent | 10 |
| registration year as its initial registration.
This subsection | 11 |
| does not include those apportioned and prorated fees
under | 12 |
| Sections 3-402 and 3-402.1 of this Code.
| 13 |
| (Source: P.A. 84-1311; revised 2-25-02.)
| 14 |
| (625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818)
| 15 |
| Sec. 3-818. (a) Mileage weight tax option. Any owner of a | 16 |
| vehicle of
the second division may elect to pay a mileage | 17 |
| weight tax for such vehicle
in lieu of the flat weight tax set | 18 |
| out in Section 3-815. Such election
shall be binding to the end | 19 |
| of the registration year. Renewal of this
election must be | 20 |
| filed with the Secretary of State on or before July 1
of each | 21 |
| registration period. In such event the owner shall, at the time
| 22 |
| of making such election, pay the $10 registration fee and the | 23 |
| minimum
guaranteed mileage weight tax, as hereinafter | 24 |
| provided, which payment
shall permit the owner to operate that | 25 |
| vehicle the maximum mileage in
this State hereinafter set | 26 |
| forth. Any vehicle being operated on
mileage plates cannot be | 27 |
| operated outside of this State. In addition
thereto, the owner | 28 |
| of that vehicle shall pay a mileage weight tax at the
following | 29 |
| rates for each mile traveled in this State in excess of the
| 30 |
| maximum mileage provided under the minimum guaranteed basis:
| 31 |
| BUS, TRUCK OR TRUCK TRACTOR
|
|
32 | | |
|
|
Maximum |
Mileage |
|
33 | | |
|
Minimum |
Mileage |
Weight Tax |
|
34 | | |
|
Guaranteed |
Permitted |
for Mileage |
|
35 | | Gross Weight |
|
Mileage |
Under |
in excess of |
|
|
|
|
|
HB1565 |
- 16 - |
LRB094 09714 DRH 39970 b |
|
| 1 | | Vehicle and |
|
Weight |
Guaranteed |
Guaranteed |
|
2 | | Load |
Class |
Tax |
Tax |
Mileage |
|
3 | | 12,000 lbs. or less |
MD |
$73 |
5,000 |
26 Mills |
|
4 | | 12,001 to 16,000 lbs. |
MF |
120 |
6,000 |
34 Mills |
|
5 | | 16,001 to 20,000 lbs. |
MG |
180 |
6,000 |
46 Mills |
|
6 | | 20,001 to 24,000 lbs. |
MH |
235 |
6,000 |
63 Mills |
|
7 | | 24,001 to 28,000 lbs. |
MJ |
315 |
7,000 |
63 Mills |
|
8 | | 28,001 to 32,000 lbs. |
MK |
385 |
7,000 |
83 Mills |
|
9 | | 32,001 to 36,000 lbs. |
ML |
485 |
7,000 |
99 Mills |
|
10 | | 36,001 to 40,000 lbs. |
MN |
615 |
7,000 |
128 Mills |
|
11 | | 40,001 to 45,000 lbs. |
MP |
695 |
7,000 |
139 Mills |
|
12 | | 45,001 to 54,999 lbs. |
MR |
853 |
7,000 |
156 Mills |
|
13 | | 55,000 to 59,500 lbs. |
MS |
920 |
7,000 |
178 Mills |
|
14 | | 59,501 to 64,000 lbs. |
MT |
985 |
7,000 |
195 Mills |
|
15 | | 64,001 to 73,280 lbs. |
MV |
1,173 |
7,000 |
225 Mills |
|
16 | | 73,281 to 77,000 lbs. |
MX |
1,328 |
7,000 |
258 Mills |
|
17 | | 77,001 to 80,000 lbs. |
MZ |
1,415 |
7,000 |
275 Mills |
|
18 |
| TRAILER
|
|
19 | | |
|
|
Maximum |
Mileage |
|
20 | | |
|
Minimum |
Mileage |
Weight Tax |
|
21 | | |
|
Guaranteed |
Permitted |
for Mileage |
|
22 | | Gross Weight |
|
Mileage |
Under |
in excess of |
|
23 | | Vehicle and |
|
Weight |
Guaranteed |
Guaranteed |
|
24 | | Load |
Class |
Tax |
Tax |
Mileage |
|
25 | | 14,000 lbs. or less |
ME |
$75 |
5,000 |
31 Mills |
|
26 | | 14,001 to 20,000 lbs. |
MF |
135 |
6,000 |
36 Mills |
|
27 | | 20,001 to 36,000 lbs. |
ML |
540 |
7,000 |
103 Mills |
|
28 | | 36,001 to 40,000 lbs. |
MM |
750 |
7,000 |
150 Mills |
|
29 |
| (a-1) A Special Hauling Vehicle is a vehicle or combination | 30 |
| of vehicles of
the second
division registered under Section | 31 |
| 3-813 transporting asphalt or concrete in the
plastic state or | 32 |
| a vehicle or combination of vehicles that are subject to the
| 33 |
| gross weight limitations in subsection (b) of Section 15-111 | 34 |
| for which the
owner of the
vehicle or combination of vehicles | 35 |
| has elected to pay, in addition to the
registration fee in | 36 |
| subsection (a), $125 to the Secretary of State
for each
|
|
|
|
HB1565 |
- 17 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| registration year. The Secretary shall designate this class of | 2 |
| vehicle as
a Special Hauling Vehicle.
| 3 |
| In preparing rate schedules on registration applications, | 4 |
| the Secretary
of State shall add to the above rates, the $10 | 5 |
| registration fee. The
Secretary may decline to accept any | 6 |
| renewal filed after July 1st.
| 7 |
| The number of axles necessary to carry the maximum load | 8 |
| provided
shall be determined from Chapter 15 of this Code.
| 9 |
| Every owner of a second division motor vehicle for which he | 10 |
| has
elected to pay a mileage weight tax shall keep a daily | 11 |
| record upon forms
prescribed by the Secretary of State, showing | 12 |
| the mileage covered by
that vehicle in this State. Such record | 13 |
| shall contain the license number
of the vehicle and the miles | 14 |
| traveled by the vehicle in this State for
each day of the | 15 |
| calendar month. Such owner shall also maintain records
of fuel | 16 |
| consumed by each such motor vehicle and fuel purchases | 17 |
| therefor.
On or before the 10th day of January and July the | 18 |
| owner
shall certify to the Secretary of State upon forms | 19 |
| prescribed therefor,
summaries of his daily records which shall | 20 |
| show the miles traveled by
the vehicle in this State during the | 21 |
| preceding 12
6 months and such other
information as the | 22 |
| Secretary of State may require. The daily record and
fuel | 23 |
| records shall be filed, preserved and available for audit for a
| 24 |
| period of 3 years. Any owner filing a return hereunder shall | 25 |
| certify
that such return is a true, correct and complete | 26 |
| return. Any person who
willfully makes a false return hereunder | 27 |
| is guilty of perjury and shall
be punished in the same manner | 28 |
| and to the same extent as is provided
therefor.
| 29 |
| At the time of filing his return, each owner shall pay to | 30 |
| the
Secretary of State the proper amount of tax at the rate | 31 |
| herein imposed.
| 32 |
| Every owner of a vehicle of the second division who elects | 33 |
| to pay on
a mileage weight tax basis and who operates the | 34 |
| vehicle within this
State, shall file with the Secretary of | 35 |
| State a bond in the amount of
$500. The bond shall be in a form | 36 |
| approved by the Secretary of State and with
a surety company
|
|
|
|
HB1565 |
- 18 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| approved by the Illinois Department of Insurance to transact
| 2 |
| business in this State as surety, and shall be conditioned upon | 3 |
| such
applicant's paying to the State of Illinois all money | 4 |
| becoming
due by
reason of the operation of the second division | 5 |
| vehicle in this State,
together with all penalties and interest | 6 |
| thereon.
| 7 |
| Upon notice from the Secretary that the registrant has | 8 |
| failed to pay the
excess mileage fees, the surety shall | 9 |
| immediately pay the fees together with
any penalties and | 10 |
| interest thereon in an amount not to exceed the limits of the
| 11 |
| bond.
| 12 |
| (Source: P.A. 91-37, eff. 7-1-99; 91-499, eff. 8-13-99; 92-16, | 13 |
| eff.
6-28-01 .)
| 14 |
| (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
| 15 |
| Sec. 6-107. Graduated license.
| 16 |
| (a) The purpose of the Graduated
Licensing Program is to | 17 |
| develop safe and mature driving habits in young,
inexperienced | 18 |
| drivers and reduce or prevent motor vehicle accidents,
| 19 |
| fatalities,
and injuries by:
| 20 |
| (1) providing for an increase in the time of practice | 21 |
| period before
granting
permission to obtain a driver's | 22 |
| license;
| 23 |
| (2) strengthening driver licensing and testing | 24 |
| standards for persons under
the age of 21 years;
| 25 |
| (3) sanctioning driving privileges of drivers under | 26 |
| age 21 who have
committed serious traffic violations or | 27 |
| other specified offenses; and
| 28 |
| (4) setting stricter standards to promote the public's | 29 |
| health and
safety.
| 30 |
| (b) The application of any person under
the age of 18 | 31 |
| years, and not legally emancipated by marriage, for a drivers
| 32 |
| license or permit to operate a motor vehicle issued under the | 33 |
| laws of this
State, shall be accompanied by the written consent | 34 |
| of either parent of the
applicant; otherwise by the guardian | 35 |
| having custody of the applicant, or
in the event there is no |
|
|
|
HB1565 |
- 19 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| parent or guardian, then by another responsible adult.
| 2 |
| No graduated driver's license shall be issued to any | 3 |
| applicant under 18
years
of age, unless the applicant is at | 4 |
| least 16 years of age and has:
| 5 |
| (1) Held a valid instruction permit for a minimum of 3 | 6 |
| months.
| 7 |
| (2) Passed an approved driver education course
and | 8 |
| submits proof of having passed the course as may
be | 9 |
| required.
| 10 |
| (3) certification by the parent, legal guardian, or | 11 |
| responsible adult that
the applicant has had a minimum of | 12 |
| 25 hours of behind-the-wheel practice time
and is | 13 |
| sufficiently prepared and able to safely operate a motor | 14 |
| vehicle.
| 15 |
| (c) No graduated driver's license or permit shall be issued | 16 |
| to
any applicant under 18
years of age who has committed the | 17 |
| offense of operating a motor vehicle
without a valid license or | 18 |
| permit in violation of Section 6-101 of this Code
and no | 19 |
| graduated driver's
license or permit shall be issued to any | 20 |
| applicant under 18 years of age
who has committed an offense | 21 |
| that would otherwise result in a
mandatory revocation of a | 22 |
| license or permit as provided in Section 6-205 of
this Code or | 23 |
| who has been either convicted of or adjudicated a delinquent | 24 |
| based
upon a violation of the Cannabis Control Act or the | 25 |
| Illinois Controlled
Substances Act, while that individual was | 26 |
| in actual physical control of a motor
vehicle. For purposes of | 27 |
| this Section, any person placed on probation under
Section 10 | 28 |
| of the Cannabis Control Act or Section 410 of the Illinois
| 29 |
| Controlled Substances Act shall not be considered convicted. | 30 |
| Any person found
guilty of this offense, while in actual | 31 |
| physical control of a motor vehicle,
shall have an entry made | 32 |
| in the court record by the judge that this offense did
occur | 33 |
| while the person was in actual physical control of a motor | 34 |
| vehicle and
order the clerk of the court to report the | 35 |
| violation to the Secretary of State
as such.
| 36 |
| (d) No graduated driver's license shall be issued for 6 |
|
|
|
HB1565 |
- 20 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| months to any
applicant
under
the
age of 18 years who has been | 2 |
| convicted of any offense defined as a serious
traffic violation | 3 |
| in this Code or
a similar provision of a local ordinance.
| 4 |
| (e) No graduated driver's license holder under the age
of | 5 |
| 18 years shall operate any
motor vehicle, except a motor driven | 6 |
| cycle or motorcycle, with
more than one passenger in the front | 7 |
| seat of the motor vehicle
and no more passengers in the back | 8 |
| seats than the number of available seat
safety belts as set | 9 |
| forth in Section 12-603 of this Code.
| 10 |
| (f) No graduated driver's license holder under the age of | 11 |
| 18 shall operate a
motor vehicle unless each driver and front | 12 |
| or back seat passenger under the
age of 18 is wearing a | 13 |
| properly adjusted and fastened seat safety belt and each child | 14 |
| under the age of 8 is protected as required under the Child | 15 |
| Passenger Protection Act .
| 16 |
| (g) If a graduated driver's license holder is under the age | 17 |
| of 18 when he
or she receives the license, for the first 6 | 18 |
| months he or she holds the license
or
until he or she reaches | 19 |
| the age of 18, whichever occurs sooner, the graduated
license
| 20 |
| holder may not operate a motor vehicle with more than one | 21 |
| passenger in the
vehicle
who is under the age of 20, unless any | 22 |
| additional passenger or passengers are
siblings, | 23 |
| step-siblings, children, or stepchildren of the driver.
| 24 |
| (Source: P.A. 93-101, eff. 1-1-04; 93-788, eff. 1-1-05.)
| 25 |
| (625 ILCS 5/6-301.2) (from Ch. 95 1/2, par. 6-301.2)
| 26 |
| Sec. 6-301.2. Fraudulent driver's license or permit.
| 27 |
| (a) (Blank).
| 28 |
| (b) It is a violation of this Section for any person:
| 29 |
| 1. To knowingly possess any fraudulent driver's | 30 |
| license or permit;
| 31 |
| 2. To knowingly possess, display or cause to be | 32 |
| displayed any
fraudulent driver's license or permit for the | 33 |
| purpose of obtaining any
account, credit, credit card or | 34 |
| debit card from a bank, financial
institution or retail | 35 |
| mercantile establishment;
|
|
|
|
HB1565 |
- 21 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| 3. To knowingly possess any fraudulent driver's | 2 |
| license or permit with
the intent to commit a theft, | 3 |
| deception or credit or debit card fraud in
violation of any | 4 |
| law of this State or any law of any other jurisdiction;
| 5 |
| 4. To knowingly possess any fraudulent driver's | 6 |
| license or permit with
the intent to commit any other | 7 |
| violation of any laws of this State or any
law of any other | 8 |
| jurisdiction for which a sentence to a term of
imprisonment | 9 |
| in a penitentiary for one year or more is provided;
| 10 |
| 5. To knowingly possess any fraudulent driver's | 11 |
| license or permit while
in unauthorized possession of any | 12 |
| document, instrument or device capable of
defrauding | 13 |
| another;
| 14 |
| 6. To knowingly possess any fraudulent driver's | 15 |
| license or permit with
the intent to use the license or | 16 |
| permit to acquire any other identification
document;
| 17 |
| 7. To knowingly possess without authority any driver's | 18 |
| license-making or
permit-making implement;
| 19 |
| 8. To knowingly possess any stolen driver's | 20 |
| license-making or
permit-making implement or to possess, | 21 |
| use, or allow to be used any
materials, hardware, or | 22 |
| software specifically designed for or primarily used in
the | 23 |
| manufacture, assembly, issuance, or authentication of an | 24 |
| official driver's
license or permit issued by the Secretary | 25 |
| of State or in the reading of encrypted language from the | 26 |
| bar code or magnetic strip of an official driver's license | 27 |
| or permit ;
| 28 |
| 9. To knowingly duplicate, manufacture, sell or | 29 |
| transfer any
fraudulent driver's license or permit;
| 30 |
| 10. To advertise or distribute any information or | 31 |
| materials that promote
the selling, giving, or furnishing | 32 |
| of a fraudulent driver's license or
permit;
| 33 |
| 11. To knowingly use any fraudulent driver's license or | 34 |
| permit to
purchase or attempt to purchase any ticket for a | 35 |
| common carrier or to board or
attempt to board any common | 36 |
| carrier. As used in this Section, "common carrier"
means |
|
|
|
HB1565 |
- 22 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| any public or private provider of transportation, whether | 2 |
| by land, air,
or water;
| 3 |
| 12. To knowingly possess any fraudulent driver's | 4 |
| license or permit if the
person has at the time a different | 5 |
| driver's license issued by the Secretary of
State or | 6 |
| another official driver's license agency in another | 7 |
| jurisdiction that
is suspended or revoked.
| 8 |
| (c) Sentence.
| 9 |
| 1. Any person convicted of a violation of paragraph 1 | 10 |
| of subsection
(b) of this Section shall be guilty of a | 11 |
| Class 4 felony and shall be
sentenced to a minimum fine of | 12 |
| $500 or 50 hours of community service,
preferably at an
| 13 |
| alcohol abuse prevention program, if available.
| 14 |
| 2. Any person convicted of a violation of any of | 15 |
| paragraphs 2 through
9 or paragraph 11 or 12 of
subsection
| 16 |
| (b) of this Section shall be guilty of a Class 4 felony. A | 17 |
| person
convicted of a second or subsequent violation shall | 18 |
| be guilty of a Class 3
felony.
| 19 |
| 3. Any person convicted of a violation of paragraph 10 | 20 |
| of subsection
(b) of this Section shall be guilty of a | 21 |
| Class B misdemeanor.
| 22 |
| (d) This Section does not prohibit any lawfully authorized
| 23 |
| investigative, protective, law enforcement or other activity | 24 |
| of any agency
of the United States, State of Illinois or any | 25 |
| other state or political
subdivision thereof.
| 26 |
| (e) The Secretary may request the Attorney General to seek | 27 |
| a
restraining order in the circuit court against any person who | 28 |
| violates this
Section by advertising fraudulent driver's | 29 |
| licenses or permits.
| 30 |
| (Source: P.A. 92-673, eff. 1-1-03; 93-667, eff. 3-19-04; | 31 |
| 93-895, eff. 1-1-05.)
| 32 |
| (625 ILCS 5/7-315) (from Ch. 95 1/2, par. 7-315)
| 33 |
| Sec. 7-315. A certificate of insurance proof.
| 34 |
| (a) Proof of financial
responsibility
may be made by filing | 35 |
| with the Secretary of State the written or electronic
|
|
|
|
HB1565 |
- 23 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| certificate
of any insurance carrier duly authorized to do | 2 |
| business in this State,
certifying
that it has issued to or for | 3 |
| the benefit of the person furnishing such proof
and named as | 4 |
| the insured in a motor vehicle liability policy, a motor
| 5 |
| vehicle liability policy or policies or in certain events an | 6 |
| operator's
policy meeting the requirements of this Code and | 7 |
| that said policy
or policies are then in full force and effect. | 8 |
| All written or electronic certificates must be submitted in a | 9 |
| manner satisfactory to the Secretary of State.
| 10 |
| (b) Such certificate or certificates shall give the dates | 11 |
| of issuance
and expiration of such policy or policies and | 12 |
| certify that the same shall
not be canceled unless 15 days' | 13 |
| prior written or electronic notice thereof
be given to the | 14 |
| Secretary of State and shall explicitly describe all motor
| 15 |
| vehicles covered thereby unless the policy or policies are | 16 |
| issued to a person
who is
not the owner of a motor vehicle.
| 17 |
| (c) The Secretary of State shall not accept any certificate | 18 |
| or
certificates unless the same shall cover all motor vehicles | 19 |
| then registered
in this State in the name of the person | 20 |
| furnishing such proof as owner and
an additional certificate or | 21 |
| certificates shall be required as a condition
precedent to the | 22 |
| subsequent registration of any motor vehicle or motor
vehicles | 23 |
| in the name of the person giving such proof as owner.
| 24 |
| (Source: P.A. 90-774, eff. 8-14-98.)
| 25 |
| (625 ILCS 5/7-318) (from Ch. 95 1/2, par. 7-318)
| 26 |
| Sec. 7-318. Notice of Cancellation or Termination of | 27 |
| Certified Policy. When an insurance carrier has certified a | 28 |
| motor vehicle liability policy
or policies under this Act, it | 29 |
| shall notify the Secretary of State of any
cancellation by | 30 |
| mailing a written or electronic notice at least 15 days prior | 31 |
| to
cancellation of such policy and the policy shall continue in | 32 |
| full force and
effect until the date of cancellation specified | 33 |
| in such notice or until its
expiration, except that such a | 34 |
| policy subsequently procured and certified
shall, on the | 35 |
| effective date of its certification, terminate the insurance
|
|
|
|
HB1565 |
- 24 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| previously certified with respect to any vehicle designated in | 2 |
| both
certificates. All written or electronic certificates must | 3 |
| be submitted in a manner satisfactory to the Secretary of | 4 |
| State.
| 5 |
| (Source: P.A. 86-549.)
| 6 |
| (625 ILCS 5/7-503) (from Ch. 95 1/2, par. 7-503)
| 7 |
| Sec. 7-503. Unclaimed Security Deposits.
| 8 |
| During July, annually, the Secretary shall compile a list | 9 |
| of all
securities on deposit, pursuant to this Article, for | 10 |
| more than 3 years and
concerning which he has received no | 11 |
| notice as to the pendency of any
judicial proceeding that could | 12 |
| affect the disposition thereof. Thereupon,
he shall promptly | 13 |
| send a notice by certified mail to the last known address
of | 14 |
| each depositor advising him that his deposit will be subject to | 15 |
| escheat
to the State of Illinois if not claimed within 30 days | 16 |
| after the mailing
date of such notice. At the expiration of | 17 |
| such time, the Secretary of State
shall file with the State | 18 |
| Treasurer an order directing the transfer of such
deposit to | 19 |
| the general revenue fund in the State Treasury. Upon receipt of
| 20 |
| such order, the State Treasurer shall make such transfer, after | 21 |
| converting
to cash any other type of security. Thereafter any | 22 |
| person having a legal
claim against such deposit may enforce it | 23 |
| by appropriate proceedings in the
Court of Claims subject to | 24 |
| the limitations prescribed for such Court. At
the expiration of | 25 |
| such limitation period such deposit shall escheat to the
State | 26 |
| of Illinois.
| 27 |
| (Source: P.A. 76-1586.)
| 28 |
| (625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
| 29 |
| Sec. 12-603.1. Driver and passenger required to use safety | 30 |
| belts,
exceptions and penalty.
| 31 |
| (a) Each driver and front seat passenger of a motor vehicle | 32 |
| operated on a
street or highway in this State shall wear a | 33 |
| properly adjusted and
fastened seat safety belt; except that, a | 34 |
| child less than 8
6 years of age shall
be protected as required |
|
|
|
HB1565 |
- 25 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| pursuant to the Child Passenger Protection Act.
Each driver | 2 |
| under the age of 18 years and each of the driver's
passengers | 3 |
| under the age of 18 years of a motor vehicle operated
on a | 4 |
| street or highway in this State shall wear a properly
adjusted | 5 |
| and fastened seat safety belt.
Each driver of a motor vehicle | 6 |
| transporting a child | 7 |
| 8
6 years of age or
more, but less than 16 years of age, in the | 8 |
| front seat of the motor vehicle
shall secure the child in a | 9 |
| properly adjusted and fastened seat safety belt as required | 10 |
| under the Child Passenger Protection Act .
| 11 |
| (b) Paragraph (a) shall not apply to any of the following:
| 12 |
| 1. A driver or passenger frequently stopping and | 13 |
| leaving the vehicle or
delivering property from the | 14 |
| vehicle, if the speed of the vehicle between
stops does not | 15 |
| exceed 15 miles per hour.
| 16 |
| 2. A driver or passenger possessing a written statement | 17 |
| from a physician
that such person is unable, for medical or | 18 |
| physical reasons, to wear a seat
safety belt.
| 19 |
| 3. A driver or passenger possessing an official | 20 |
| certificate or license
endorsement issued by the | 21 |
| appropriate agency in another state or country
indicating | 22 |
| that the driver is unable for medical, physical, or other | 23 |
| valid
reasons to wear a seat safety belt.
| 24 |
| 4. A driver operating a motor vehicle in reverse.
| 25 |
| 5. A motor vehicle with a model year prior to 1965.
| 26 |
| 6. A motorcycle or motor driven cycle.
| 27 |
| 7. A motorized pedalcycle.
| 28 |
| 8. A motor vehicle which is not required to be equipped | 29 |
| with seat safety
belts under federal law.
| 30 |
| 9. A motor vehicle operated by a rural letter carrier | 31 |
| of the United
States postal service while performing duties | 32 |
| as a rural letter carrier.
| 33 |
| (c) Failure to wear a seat safety belt in violation of this | 34 |
| Section
shall not be considered evidence of negligence, shall | 35 |
| not limit the
liability of an insurer, and shall not diminish | 36 |
| any recovery for damages
arising out of the ownership, |
|
|
|
HB1565 |
- 26 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
| maintenance, or operation of a motor vehicle.
| 2 |
| (d) A violation of this Section shall be a petty offense | 3 |
| and subject to a
fine not to exceed $25.
| 4 |
| (e) (Blank).
| 5 |
| (f) A law enforcement officer may not search or inspect a | 6 |
| motor vehicle,
its contents, the driver, or a passenger solely | 7 |
| because of a violation of this
Section.
| 8 |
| (Source: P.A. 93-99, eff. 7-3-03.)
| 9 |
| (625 ILCS 5/3-822 rep.) (from Ch. 95 1/2, par. 3-822)
| 10 |
| Section 15. The Illinois Vehicle Code is amended by | 11 |
| repealing Section 3-822.
|
|
|
|
HB1565 |
- 27 - |
LRB094 09714 DRH 39970 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 15 ILCS 335/14 |
from Ch. 124, par. 34 |
| 4 |
| 625 ILCS 5/3-113 |
from Ch. 95 1/2, par. 3-113 |
| 5 |
| 625 ILCS 5/3-401 |
from Ch. 95 1/2, par. 3-401 |
| 6 |
| 625 ILCS 5/3-412 |
from Ch. 95 1/2, par. 3-412 |
| 7 |
| 625 ILCS 5/3-416 |
from Ch. 95 1/2, par. 3-416 |
| 8 |
| 625 ILCS 5/3-704 |
from Ch. 95 1/2, par. 3-704 |
| 9 |
| 625 ILCS 5/3-802 |
from Ch. 95 1/2, par. 3-802 |
| 10 |
| 625 ILCS 5/3-803 |
from Ch. 95 1/2, par. 3-803 |
| 11 |
| 625 ILCS 5/3-818 |
from Ch. 95 1/2, par. 3-818 |
| 12 |
| 625 ILCS 5/6-107 |
from Ch. 95 1/2, par. 6-107 |
| 13 |
| 625 ILCS 5/6-301.2 |
from Ch. 95 1/2, par. 6-301.2 |
| 14 |
| 625 ILCS 5/7-315 |
from Ch. 95 1/2, par. 7-315 |
| 15 |
| 625 ILCS 5/7-318 |
from Ch. 95 1/2, par. 7-318 |
| 16 |
| 625 ILCS 5/7-503 |
from Ch. 95 1/2, par. 7-503 |
| 17 |
| 625 ILCS 5/12-603.1 |
from Ch. 95 1/2, par. 12-603.1 |
| 18 |
| 625 ILCS 5/3-822 rep. |
from Ch. 95 1/2, par. 3-822 |
| |
|