Illinois General Assembly - Full Text of HB1100
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Full Text of HB1100  95th General Assembly

HB1100ham002 95TH GENERAL ASSEMBLY

Rep. Edward J. Acevedo

Filed: 3/22/2007

 

 


 

 


 
09500HB1100ham002 LRB095 07913 DRH 34433 a

1
AMENDMENT TO HOUSE BILL 1100

2     AMENDMENT NO. ______. Amend House Bill 1100, AS AMENDED, by
3 replacing the title with the following:
4     "AN ACT concerning transportation, which may be referred to
5 as the Roadway Safety and Mandatory Insurance Coverage Act of
6 2007."; and
 
7 by replacing everything after the enacting clause with the
8 following:
 
9     "Section 5. The State Finance Act is amended by adding
10 Section 5.675 as follows:
 
11     (30 ILCS 105/5.675 new)
12     Sec. 5.675. The Secretary of State Driver's Certificate
13 Fund.
 
14     Section 10. The Illinois Vehicle Code is amended by

 

 

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1 changing Sections 2-119, 6-106, 6-118, and 6-205 and by adding
2 Section 6-107.5 as follows:
 
3     (625 ILCS 5/2-119)  (from Ch. 95 1/2, par. 2-119)
4     Sec. 2-119. Disposition of fees and taxes.
5     (a) All moneys received from Salvage Certificates shall be
6 deposited in the Common School Fund in the State Treasury.
7     (b) Beginning January 1, 1990 and concluding December 31,
8 1994, of the money collected for each certificate of title,
9 duplicate certificate of title and corrected certificate of
10 title, $0.50 shall be deposited into the Used Tire Management
11 Fund. Beginning January 1, 1990 and concluding December 31,
12 1994, of the money collected for each certificate of title,
13 duplicate certificate of title and corrected certificate of
14 title, $1.50 shall be deposited in the Park and Conservation
15 Fund.
16     Beginning January 1, 1995, of the money collected for each
17 certificate of title, duplicate certificate of title and
18 corrected certificate of title, $2 shall be deposited in the
19 Park and Conservation Fund. The moneys deposited in the Park
20 and Conservation Fund pursuant to this Section shall be used
21 for the acquisition and development of bike paths as provided
22 for in Section 805-420 of the Department of Natural Resources
23 (Conservation) Law (20 ILCS 805/805-420).
24     Beginning January 1, 2000, of the moneys collected for each
25 certificate of title, duplicate certificate of title, and

 

 

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1 corrected certificate of title, $48 shall be deposited into the
2 Road Fund and $4 shall be deposited into the Motor Vehicle
3 License Plate Fund, except that if the balance in the Motor
4 Vehicle License Plate Fund exceeds $40,000,000 on the last day
5 of a calendar month, then during the next calendar month the $4
6 shall instead be deposited into the Road Fund.
7     Beginning January 1, 2005, of the moneys collected for each
8 delinquent vehicle registration renewal fee, $20 shall be
9 deposited into the General Revenue Fund.
10     Except as otherwise provided in this Code, all remaining
11 moneys collected for certificates of title, and all moneys
12 collected for filing of security interests, shall be placed in
13 the General Revenue Fund in the State Treasury.
14     (c) All moneys collected for that portion of a driver's
15 license fee designated for driver education under Section 6-118
16 shall be placed in the Driver Education Fund in the State
17 Treasury.
18     (d) Beginning January 1, 1999, of the monies collected as a
19 registration fee for each motorcycle, motor driven cycle and
20 motorized pedalcycle, 27% of each annual registration fee for
21 such vehicle and 27% of each semiannual registration fee for
22 such vehicle is deposited in the Cycle Rider Safety Training
23 Fund.
24     (e) Of the monies received by the Secretary of State as
25 registration fees or taxes or as payment of any other fee, as
26 provided in this Act, except fees received by the Secretary

 

 

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1 under paragraph (7) of subsection (b) of Section 5-101 and
2 Section 5-109 of this Code, 37% shall be deposited into the
3 State Construction Fund.
4     (f) Of the total money collected for a CDL instruction
5 permit or original or renewal issuance of a commercial driver's
6 license (CDL) pursuant to the Uniform Commercial Driver's
7 License Act (UCDLA): (i) $6 of the total fee for an original or
8 renewal CDL, and $6 of the total CDL instruction permit fee
9 when such permit is issued to any person holding a valid
10 Illinois driver's license, shall be paid into the
11 CDLIS/AAMVAnet Trust Fund (Commercial Driver's License
12 Information System/American Association of Motor Vehicle
13 Administrators network Trust Fund) and shall be used for the
14 purposes provided in Section 6z-23 of the State Finance Act and
15 (ii) $20 of the total fee for an original or renewal CDL or
16 commercial driver instruction permit shall be paid into the
17 Motor Carrier Safety Inspection Fund, which is hereby created
18 as a special fund in the State Treasury, to be used by the
19 Department of State Police, subject to appropriation, to hire
20 additional officers to conduct motor carrier safety
21 inspections pursuant to Chapter 18b of this Code.
22     (g) All remaining moneys received by the Secretary of State
23 as registration fees or taxes or as payment of any other fee,
24 as provided in this Act, except fees received by the Secretary
25 under paragraph (7)(A) of subsection (b) of Section 5-101 and
26 Section 5-109 of this Code, shall be deposited in the Road Fund

 

 

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1 in the State Treasury. Moneys in the Road Fund shall be used
2 for the purposes provided in Section 8.3 of the State Finance
3 Act.
4     (h) (Blank).
5     (i) (Blank).
6     (j) (Blank).
7     (k) There is created in the State Treasury a special fund
8 to be known as the Secretary of State Special License Plate
9 Fund. Money deposited into the Fund shall, subject to
10 appropriation, be used by the Office of the Secretary of State
11 (i) to help defray plate manufacturing and plate processing
12 costs for the issuance and, when applicable, renewal of any new
13 or existing registration plates authorized under this Code and
14 (ii) for grants made by the Secretary of State to benefit
15 Illinois Veterans Home libraries.
16     On or before October 1, 1995, the Secretary of State shall
17 direct the State Comptroller and State Treasurer to transfer
18 any unexpended balance in the Special Environmental License
19 Plate Fund, the Special Korean War Veteran License Plate Fund,
20 and the Retired Congressional License Plate Fund to the
21 Secretary of State Special License Plate Fund.
22     (l) The Motor Vehicle Review Board Fund is created as a
23 special fund in the State Treasury. Moneys deposited into the
24 Fund under paragraph (7) of subsection (b) of Section 5-101 and
25 Section 5-109 shall, subject to appropriation, be used by the
26 Office of the Secretary of State to administer the Motor

 

 

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1 Vehicle Review Board, including without limitation payment of
2 compensation and all necessary expenses incurred in
3 administering the Motor Vehicle Review Board under the Motor
4 Vehicle Franchise Act.
5     (m)  Effective July 1, 1996, there is created in the State
6 Treasury a special fund to be known as the Family
7 Responsibility Fund. Moneys deposited into the Fund shall,
8 subject to appropriation, be used by the Office of the
9 Secretary of State for the purpose of enforcing the Family
10 Financial Responsibility Law.
11     (n) The Illinois Fire Fighters' Memorial Fund is created as
12 a special fund in the State Treasury. Moneys deposited into the
13 Fund shall, subject to appropriation, be used by the Office of
14 the State Fire Marshal for construction of the Illinois Fire
15 Fighters' Memorial to be located at the State Capitol grounds
16 in Springfield, Illinois. Upon the completion of the Memorial,
17 moneys in the Fund shall be used in accordance with Section
18 3-634.
19     (o) Of the money collected for each certificate of title
20 for all-terrain vehicles and off-highway motorcycles, $17
21 shall be deposited into the Off-Highway Vehicle Trails Fund.
22     (p) For audits conducted on or after July 1, 2003 pursuant
23 to Section 2-124(d) of this Code, 50% of the money collected as
24 audit fees shall be deposited into the General Revenue Fund.
25     (q) The Secretary of State Driver's Certificate Fund is
26 created as a special fund in the State treasury. Moneys

 

 

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1 deposited into the fund shall, subject to appropriation, be
2 used by the Secretary of State to pay for the increase in the
3 costs associated with additional applicants for driver's
4 certificates issued under subsection (b-2) of Section 6-106 and
5 costs associated with specialized verification procedures
6 regarding those applicants.
7 (Source: P.A. 92-16, eff. 6-28-01; 93-32, eff. 7-1-03; 93-840,
8 eff. 7-30-04.)
 
9     (625 ILCS 5/6-106)  (from Ch. 95 1/2, par. 6-106)
10     Sec. 6-106. Application for license or instruction permit.
11     (a) Every application for any permit or license authorized
12 to be issued under this Act shall be made upon a form furnished
13 by the Secretary of State. Every application shall be
14 accompanied by the proper fee and payment of such fee shall
15 entitle the applicant to not more than 3 attempts to pass the
16 examination within a period of 1 year after the date of
17 application.
18     (b) Every application shall state the legal name, social
19 security number, zip code, date of birth, sex, and residence
20 address of the applicant; briefly describe the applicant; state
21 whether the applicant has theretofore been licensed as a
22 driver, and, if so, when and by what state or country, and
23 whether any such license has ever been cancelled, suspended,
24 revoked or refused, and, if so, the date and reason for such
25 cancellation, suspension, revocation or refusal; shall include

 

 

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1 an affirmation by the applicant that all information set forth
2 is true and correct; and shall bear the applicant's signature.
3 The application form may also require the statement of such
4 additional relevant information as the Secretary of State shall
5 deem necessary to determine the applicant's competency and
6 eligibility.
7     (b-1) The Secretary of State may in his discretion
8 substitute a federal tax number in lieu of a social security
9 number, or he may instead assign an additional distinctive
10 number in lieu thereof, where an applicant is prohibited by
11 bona fide religious convictions from applying or is exempt from
12 applying for a social security number. The Secretary of State
13 shall, however, determine which religious orders or sects have
14 such bona fide religious convictions.
15         (b-2)(1) In compliance with the federal REAL ID Act,
16     Division B of Public Law 109-13, the Secretary of State, on
17     and after the effective date of this amendatory Act of the
18     95th General Assembly, shall issue to any Illinois resident
19     who meets the requirements of this subsection (b-2) a
20     driver's certificate that shall:
21             (A) clearly state on its face that it may not be
22         accepted by any federal agency for any federal
23         identification or other official purpose ("official
24         purpose" being defined under Section 201 of the federal
25         REAL ID Act); and
26             (B) use a unique design or color indicator that

 

 

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1         shall visually distinguish these certificates from
2         driver's licenses and permits issued under the
3         Illinois Vehicle Code so as to alert federal agency and
4         other law enforcement personnel that these
5         certificates may not be accepted for any federal
6         identification or other official purpose.
7         (2) Any applicant for a driver's certificate issued
8     under this subsection (b-2) must be at least 18 years of
9     age and must:
10             (A) provide the Secretary with a valid individual
11         tax identification number issued by the federal
12         Internal Revenue Service or social security number
13         issued by the federal Social Security Administration;
14             (B) provide a valid passport and any additional
15         documents, as the Secretary may set forth by
16         administrative rule, such that the passport and
17         additional documents in combination shall include the
18         following:
19                 (i) a photo identity document, except that a
20             non-photo identity document is acceptable if it
21             includes both the person's full legal name and date
22             of birth;
23                 (ii) documentation showing the person's date
24             of birth;
25                 (iii) documentation showing the person's name
26             and address of principal residence; provided that

 

 

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1             the Secretary shall not accept any foreign
2             document, other than a valid official passport,
3             for purposes of this subparagraph; and provided
4             further that the Secretary shall verify, in a
5             manner and form prescribed by the Secretary in
6             administrative rule, the issuance, validity, and
7             completeness of each document presented by the
8             applicant, to satisfy the requirements of this
9             subdivision (b-2)(2)(B); and provided further that
10             the Secretary has the right to reject any document
11             presented by the applicant that cannot be
12             verified; and
13             (C) file with the Secretary of State proof provided
14         to the applicant by the Illinois State Police that a
15         set of the applicant's fingerprints has been collected
16         (costs associated with this fingerprinting shall be
17         paid by the applicant at the time of collection); and
18             (D) surrender all false driver's licenses or State
19         identification cards in the applicant's possession.
20         The Secretary shall handle the surrender of these
21         documents at the Secretary's discretion, provided that
22         no applicant shall be subject to civil or criminal
23         prosecution for the acquisition, possession, use, or
24         distribution of these documents, and provided further
25         that the Secretary shall destroy any relinquished
26         documents within 24 hours of receipt and shall not

 

 

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1         maintain any records of those documents, except that
2         this requirement does not apply if the Secretary of
3         State can identify a bona fide law enforcement purpose
4         for retaining such documents.
5         (3) The Secretary of State shall provide to the
6     Illinois Department of Revenue all information, including
7     the individual tax identification number, captured on the
8     application. If the Illinois Department of Revenue
9     determines that an individual to whom a driver's
10     certificate was issued is not in compliance with any
11     applicable tax laws administered by the Department of
12     Revenue, the Department of Revenue shall request that the
13     Secretary of State revoke the certificate.
14         (4) Any applicant for or the bearer of a driver's
15     certificate issued under this subsection (b-2) shall be
16     subject to any and all provisions of this Code and any and
17     all implementing regulations issued by the Secretary of
18     State to the same extent as any driver issued a driver's
19     license, including but not limited to the mandatory
20     insurance requirements and penalties set forth in Chapter
21     7, Article VI of this Code, unless otherwise specified in
22     this subsection (b-2). To the extent that any driver is
23     required by law to have a valid Illinois driver's license
24     in order to purchase insurance to comply with the mandatory
25     insurance provisions of this Code, a driver's certificate
26     issued under this subsection (b-2) shall satisfy that

 

 

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1     requirement. Within 30 days of receiving a certificate, the
2     driver shall provide to the Secretary of State, in a manner
3     and form prescribed by the Secretary, proof of liability
4     insurance coverage for the driver and for any and all
5     vehicles to which the driver has title of ownership; if the
6     driver fails to provide that proof within 30 days, the
7     Secretary is authorized to suspend the certificate until
8     the driver provides that proof.
9         (5) A person denied a driver's certificate under this
10     subsection (b-2) may seek review under the Administrative
11     Review Law. This amendatory Act of the 95th General
12     Assembly does not affect the issuance of any commercial
13     driver's license or school bus driver's permit under the
14     Illinois Vehicle Code or any State identification card
15     under the Illinois Identification Card Act. A driver's
16     certificate issued under this subsection (b-2) may not be
17     used to obtain a Firearm Owner's Identification Card and
18     may not be used to obtain a driver's license in another
19     state.
20         (6) The Secretary of State may provide, in his or her
21     discretion, by rule that an application for a driver's
22     certificate under this subsection (b-2) may include a
23     suitable photograph of the applicant in the form prescribed
24     by the Secretary, and the Secretary of State shall further
25     provide that each driver's certificate shall include a
26     photograph of the driver. The Secretary of State shall

 

 

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1     utilize a photographic process or system most suitable to
2     deter alteration or improper reproduction of a driver's
3     certificate issued under this subsection (b-2) and to
4     prevent substitution of another photo on the certificate.
5     (b-3) Subsection (b-2) becomes inoperative 5 years after
6 the effective date of this amendatory Act of the 95th General
7 Assembly; however, any document issued under subsection (b-2)
8 shall remain valid until the date set forth on the document by
9 the Secretary of State.
10     (b-4) The Secretary of State may, in his discretion, by
11 rule or regulation, provide that an application for a drivers
12 license or permit may include a suitable photograph of the
13 applicant in the form prescribed by the Secretary, and he may
14 further provide that each drivers license shall include a
15 photograph of the driver. The Secretary of State may utilize a
16 photograph process or system most suitable to deter alteration
17 or improper reproduction of a drivers license and to prevent
18 substitution of another photo thereon.
19     (c) The application form shall include a notice to the
20 applicant of the registration obligations of sex offenders
21 under the Sex Offender Registration Act. The notice shall be
22 provided in a form and manner prescribed by the Secretary of
23 State. For purposes of this subsection (c), "sex offender" has
24 the meaning ascribed to it in Section 2 of the Sex Offender
25 Registration Act.
26     (d) Any male United States citizen or immigrant who applies

 

 

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1 for any permit or license authorized to be issued under this
2 Act or for a renewal of any permit or license, and who is at
3 least 18 years of age but less than 26 years of age, must be
4 registered in compliance with the requirements of the federal
5 Military Selective Service Act. The Secretary of State must
6 forward in an electronic format the necessary personal
7 information regarding the applicants identified in this
8 subsection (d) to the Selective Service System. The applicant's
9 signature on the application serves as an indication that the
10 applicant either has already registered with the Selective
11 Service System or that he is authorizing the Secretary to
12 forward to the Selective Service System the necessary
13 information for registration. The Secretary must notify the
14 applicant at the time of application that his signature
15 constitutes consent to registration with the Selective Service
16 System, if he is not already registered.
17 (Source: P.A. 92-117, eff. 1-1-02; 93-895, eff. 1-1-05.)
 
18     (625 ILCS 5/6-107.5 new)
19     Sec. 6-107.5. Ineligible applicants for Firearms Owner's
20 Identification Cards. The Secretary of State shall, in
21 conjunction with the Illinois State Police, establish
22 administrative procedures for determining and identifying
23 ineligible Firearm Owner's Identification Card applicants
24 through information provided to the Secretary of State, through
25 the driver's license and driver's certificate application

 

 

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1 process, to ensure compliance with the Firearm Owners
2 Identification Card Act.
 
3     (625 ILCS 5/6-118)  (from Ch. 95 1/2, par. 6-118)
4     (Text of Section before amendment by P.A. 94-1035)
5     Sec. 6-118. Fees.
6     (a) The fee for licenses and permits under this Article is
7 as follows:
8     Original driver's license............................$10
9     Original or renewal driver's license
10         issued to 18, 19 and 20 year olds..................5
11     All driver's licenses for persons
12         age 69 through age 80..............................5
13     All driver's licenses for persons
14         age 81 through age 86..............................2
15     All driver's licenses for persons
16         age 87 or older....................................0
17     Renewal driver's license (except for
18         applicants ages 18, 19 and 20 or
19         age 69 and older).................................10
20     Original instruction permit issued to
21         persons (except those age 69 and older)
22         who do not hold or have not previously
23         held an Illinois instruction permit or
24         driver's license..................................20
25     Instruction permit issued to any person

 

 

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1         holding an Illinois driver's license
2         who wishes a change in classifications,
3         other than at the time of renewal..................5
4     Any instruction permit issued to a person
5         age 69 and older...................................5
6     Instruction permit issued to any person,
7         under age 69, not currently holding a
8         valid Illinois driver's license or
9         instruction permit but who has
10         previously been issued either document
11         in Illinois.......................................10
12     Restricted driving permit..............................8
13     Duplicate or corrected driver's license
14         or permit..........................................5
15     Duplicate or corrected restricted
16         driving permit.....................................5
17     Original or renewal M or L endorsement.................5
18     The fee for a driver's certificate issued under subsection
19 (b-2) of Section 6-106 is $10 plus an additional fee of not
20 less than $50, to be set by the Secretary by rule, to cover the
21 additional costs associated with issuing those driver's
22 certificates.
23 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
24         The fees for commercial driver licenses and permits
25     under Article V shall be as follows:
26     Commercial driver's license:

 

 

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

 

 

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1     CDL duplicate or corrected license....................$5
2     In order to ensure the proper implementation of the Uniform
3 Commercial Driver License Act, Article V of this Chapter, the
4 Secretary of State is empowered to pro-rate the $24 fee for the
5 commercial driver's license proportionate to the expiration
6 date of the applicant's Illinois driver's license.
7     The fee for any duplicate license or permit shall be waived
8 for any person age 60 or older who presents the Secretary of
9 State's office with a police report showing that his license or
10 permit was stolen.
11     No additional fee shall be charged for a driver's license,
12 or for a commercial driver's license, when issued to the holder
13 of an instruction permit for the same classification or type of
14 license who becomes eligible for such license.
15     (b) Any person whose license or privilege to operate a
16 motor vehicle in this State has been suspended or revoked under
17 any provision of Chapter 6, Chapter 11, or Section 7-205,
18 7-303, or 7-702 of the Family Financial Responsibility Law of
19 this Code, shall in addition to any other fees required by this
20 Code, pay a reinstatement fee as follows:
21     Summary suspension under Section 11-501.1...........$250
22     Other suspension.....................................$70
23     Revocation..........................................$500
24     However, any person whose license or privilege to operate a
25 motor vehicle in this State has been suspended or revoked for a
26 second or subsequent time for a violation of Section 11-501 or

 

 

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1 11-501.1 of this Code or a similar provision of a local
2 ordinance or a similar out-of-state offense or Section 9-3 of
3 the Criminal Code of 1961 and each suspension or revocation was
4 for a violation of Section 11-501 or 11-501.1 of this Code or a
5 similar provision of a local ordinance or a similar
6 out-of-state offense or Section 9-3 of the Criminal Code of
7 1961 shall pay, in addition to any other fees required by this
8 Code, a reinstatement fee as follows:
9     Summary suspension under Section 11-501.1...........$500
10     Revocation..........................................$500
11     (c) All fees collected under the provisions of this Chapter
12 6 shall be paid into the Road Fund in the State Treasury except
13 as follows:
14         1. The following amounts shall be paid into the Driver
15     Education Fund:
16             (A) $16 of the $20 fee for an original driver's
17         instruction permit;
18             (B) $5 of the $10 fee for an original driver's
19         license;
20             (C) $5 of the $10 fee for a 4 year renewal driver's
21         license; and
22             (D) $4 of the $8 fee for a restricted driving
23         permit.
24         2. $30 of the $250 fee for reinstatement of a license
25     summarily suspended under Section 11-501.1 shall be
26     deposited into the Drunk and Drugged Driving Prevention

 

 

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1     Fund. However, for a person whose license or privilege to
2     operate a motor vehicle in this State has been suspended or
3     revoked for a second or subsequent time for a violation of
4     Section 11-501 or 11-501.1 of this Code or Section 9-3 of
5     the Criminal Code of 1961, $190 of the $500 fee for
6     reinstatement of a license summarily suspended under
7     Section 11-501.1, and $190 of the $500 fee for
8     reinstatement of a revoked license shall be deposited into
9     the Drunk and Drugged Driving Prevention Fund.
10         3. $6 of such original or renewal fee for a commercial
11     driver's license and $6 of the commercial driver
12     instruction permit fee when such permit is issued to any
13     person holding a valid Illinois driver's license, shall be
14     paid into the CDLIS/AAMVAnet Trust Fund.
15         4. $30 of the $70 fee for reinstatement of a license
16     suspended under the Family Financial Responsibility Law
17     shall be paid into the Family Responsibility Fund.
18         5. The $5 fee for each original or renewal M or L
19     endorsement shall be deposited into the Cycle Rider Safety
20     Training Fund.
21         6. $20 of any original or renewal fee for a commercial
22     driver's license or commercial driver instruction permit
23     shall be paid into the Motor Carrier Safety Inspection
24     Fund.
25         7. The following amounts shall be paid into the General
26     Revenue Fund:

 

 

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1             (A) $190 of the $250 reinstatement fee for a
2         summary suspension under Section 11-501.1;
3             (B) $40 of the $70 reinstatement fee for any other
4         suspension provided in subsection (b) of this Section;
5         and
6             (C) $440 of the $500 reinstatement fee for a first
7         offense revocation and $310 of the $500 reinstatement
8         fee for a second or subsequent revocation.
9         8. The entire amount more than $10 of any fee for a
10     driver's certificate issued under subsection (b-2) of
11     Section 6-106 shall be deposited into the Secretary of
12     State Driver's Certificate Fund. The Secretary of State
13     shall adopt rules setting the fee for issuing a driver's
14     certificate, in light of the additional costs associated
15     with issuing those driver's certificates.
16 (Source: P.A. 92-458, eff. 8-22-01; 93-32, eff. 1-1-04; 93-788,
17 eff. 1-1-05.)
 
18     (Text of Section after amendment by P.A. 94-1035)
19     Sec. 6-118. Fees.
20     (a) The fee for licenses and permits under this Article is
21 as follows:
22     Original driver's license............................$10
23     Original or renewal driver's license
24         issued to 18, 19 and 20 year olds..................5
25     All driver's licenses for persons

 

 

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

 

 

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1     Duplicate or corrected driver's license
2         or permit..........................................5
3     Duplicate or corrected restricted
4         driving permit.....................................5
5     Original or renewal M or L endorsement.................5
6     The fee for a driver's certificate issued under subsection
7 (b-2) of Section 6-106 shall be $10 plus an additional fee of
8 not less than $50, to be set by the Secretary by rule, to cover
9 the additional costs associated with issuing those driver's
10 certificates.
11 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
12         The fees for commercial driver licenses and permits
13     under Article V shall be as follows:
14     Commercial driver's license:
15         $6 for the CDLIS/AAMVAnet Fund
16         (Commercial Driver's License Information
17         System/American Association of Motor Vehicle
18         Administrators network Trust Fund);
19         $20 for the Motor Carrier Safety Inspection Fund;
20         $10 for the driver's license;
21         and $24 for the CDL:.............................$60
22     Renewal commercial driver's license:
23         $6 for the CDLIS/AAMVAnet Trust Fund;
24         $20 for the Motor Carrier Safety Inspection Fund;
25         $10 for the driver's license; and
26         $24 for the CDL:.................................$60

 

 

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1     Commercial driver instruction permit
2         issued to any person holding a valid
3         Illinois driver's license for the
4         purpose of changing to a
5         CDL classification: $6 for the
6         CDLIS/AAMVAnet Trust Fund;
7         $20 for the Motor Carrier
8         Safety Inspection Fund; and
9         $24 for the CDL classification...................$50
10     Commercial driver instruction permit
11         issued to any person holding a valid
12         Illinois CDL for the purpose of
13         making a change in a classification,
14         endorsement or restriction........................$5
15     CDL duplicate or corrected license....................$5
16     In order to ensure the proper implementation of the Uniform
17 Commercial Driver License Act, Article V of this Chapter, the
18 Secretary of State is empowered to pro-rate the $24 fee for the
19 commercial driver's license proportionate to the expiration
20 date of the applicant's Illinois driver's license.
21     The fee for any duplicate license or permit shall be waived
22 for any person age 60 or older who presents the Secretary of
23 State's office with a police report showing that his license or
24 permit was stolen.
25     No additional fee shall be charged for a driver's license,
26 or for a commercial driver's license, when issued to the holder

 

 

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1 of an instruction permit for the same classification or type of
2 license who becomes eligible for such license.
3     (b) Any person whose license or privilege to operate a
4 motor vehicle in this State has been suspended or revoked under
5 Section 3-707, any provision of Chapter 6, Chapter 11, or
6 Section 7-205, 7-303, or 7-702 of the Family Financial
7 Responsibility Law of this Code, shall in addition to any other
8 fees required by this Code, pay a reinstatement fee as follows:
9     Suspension under Section 3-707..................... $100
10     Summary suspension under Section 11-501.1...........$250
11     Other suspension.....................................$70
12     Revocation..........................................$500
13     However, any person whose license or privilege to operate a
14 motor vehicle in this State has been suspended or revoked for a
15 second or subsequent time for a violation of Section 11-501 or
16 11-501.1 of this Code or a similar provision of a local
17 ordinance or a similar out-of-state offense or Section 9-3 of
18 the Criminal Code of 1961 and each suspension or revocation was
19 for a violation of Section 11-501 or 11-501.1 of this Code or a
20 similar provision of a local ordinance or a similar
21 out-of-state offense or Section 9-3 of the Criminal Code of
22 1961 shall pay, in addition to any other fees required by this
23 Code, a reinstatement fee as follows:
24     Summary suspension under Section 11-501.1...........$500
25     Revocation..........................................$500
26     (c) All fees collected under the provisions of this Chapter

 

 

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1 6 shall be paid into the Road Fund in the State Treasury except
2 as follows:
3         1. The following amounts shall be paid into the Driver
4     Education Fund:
5             (A) $16 of the $20 fee for an original driver's
6         instruction permit;
7             (B) $5 of the $10 fee for an original driver's
8         license;
9             (C) $5 of the $10 fee for a 4 year renewal driver's
10         license; and
11             (D) $4 of the $8 fee for a restricted driving
12         permit.
13         2. $30 of the $250 fee for reinstatement of a license
14     summarily suspended under Section 11-501.1 shall be
15     deposited into the Drunk and Drugged Driving Prevention
16     Fund. However, for a person whose license or privilege to
17     operate a motor vehicle in this State has been suspended or
18     revoked for a second or subsequent time for a violation of
19     Section 11-501 or 11-501.1 of this Code or Section 9-3 of
20     the Criminal Code of 1961, $190 of the $500 fee for
21     reinstatement of a license summarily suspended under
22     Section 11-501.1, and $190 of the $500 fee for
23     reinstatement of a revoked license shall be deposited into
24     the Drunk and Drugged Driving Prevention Fund.
25         3. $6 of such original or renewal fee for a commercial
26     driver's license and $6 of the commercial driver

 

 

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

 

 

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1     State Driver's Certificate Fund. The Secretary of State
2     shall adopt rules setting the fee for issuing a driver's
3     certificate, in light of the additional costs associated
4     with issuing those driver's certificates.
5 (Source: P.A. 93-32, eff. 1-1-04; 93-788, eff. 1-1-05; 94-1035,
6 eff. 7-1-07.)
 
7     (625 ILCS 5/6-205)  (from Ch. 95 1/2, par. 6-205)
8     Sec. 6-205. Mandatory revocation of license or permit;
9 Hardship cases.
10     (a) Except as provided in this Section, the Secretary of
11 State shall immediately revoke the license, permit, or driving
12 privileges of any driver upon receiving a report of the
13 driver's conviction of any of the following offenses:
14     (a-5) The Secretary of State shall immediately revoke the
15 driver's certificate issued under subdivision (b-2(1) of
16 Section 6-106 of this Code, upon notification from the Illinois
17 Department of Revenue that the holder of the driver's
18 certificate is not in compliance with any applicable tax laws
19 administered by the Department of Revenue.
20         1. Reckless homicide resulting from the operation of a
21     motor vehicle;
22         2. Violation of Section 11-501 of this Code or a
23     similar provision of a local ordinance relating to the
24     offense of operating or being in physical control of a
25     vehicle while under the influence of alcohol, other drug or

 

 

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1     drugs, intoxicating compound or compounds, or any
2     combination thereof;
3         3. Any felony under the laws of any State or the
4     federal government in the commission of which a motor
5     vehicle was used;
6         4. Violation of Section 11-401 of this Code relating to
7     the offense of leaving the scene of a traffic accident
8     involving death or personal injury;
9         5. Perjury or the making of a false affidavit or
10     statement under oath to the Secretary of State under this
11     Code or under any other law relating to the ownership or
12     operation of motor vehicles;
13         6. Conviction upon 3 charges of violation of Section
14     11-503 of this Code relating to the offense of reckless
15     driving committed within a period of 12 months;
16         7. Conviction of any offense defined in Section 4-102
17     of this Code;
18         8. Violation of Section 11-504 of this Code relating to
19     the offense of drag racing;
20         9. Violation of Chapters 8 and 9 of this Code;
21         10. Violation of Section 12-5 of the Criminal Code of
22     1961 arising from the use of a motor vehicle;
23         11. Violation of Section 11-204.1 of this Code relating
24     to aggravated fleeing or attempting to elude a peace
25     officer;
26         12. Violation of paragraph (1) of subsection (b) of

 

 

09500HB1100ham002 - 30 - LRB095 07913 DRH 34433 a

1     Section 6-507, or a similar law of any other state,
2     relating to the unlawful operation of a commercial motor
3     vehicle;
4         13. Violation of paragraph (a) of Section 11-502 of
5     this Code or a similar provision of a local ordinance if
6     the driver has been previously convicted of a violation of
7     that Section or a similar provision of a local ordinance
8     and the driver was less than 21 years of age at the time of
9     the offense.
10     (b) The Secretary of State shall also immediately revoke
11 the license or permit of any driver in the following
12 situations:
13         1. Of any minor upon receiving the notice provided for
14     in Section 5-901 of the Juvenile Court Act of 1987 that the
15     minor has been adjudicated under that Act as having
16     committed an offense relating to motor vehicles prescribed
17     in Section 4-103 of this Code;
18         2. Of any person when any other law of this State
19     requires either the revocation or suspension of a license
20     or permit.
21     (c) Whenever a person is convicted of any of the offenses
22 enumerated in this Section, the court may recommend and the
23 Secretary of State in his discretion, without regard to whether
24 the recommendation is made by the court may, upon application,
25 issue to the person a restricted driving permit granting the
26 privilege of driving a motor vehicle between the petitioner's

 

 

09500HB1100ham002 - 31 - LRB095 07913 DRH 34433 a

1 residence and petitioner's place of employment or within the
2 scope of the petitioner's employment related duties, or to
3 allow transportation for the petitioner or a household member
4 of the petitioner's family for the receipt of necessary medical
5 care or, if the professional evaluation indicates, provide
6 transportation for the petitioner for alcohol remedial or
7 rehabilitative activity, or for the petitioner to attend
8 classes, as a student, in an accredited educational
9 institution; if the petitioner is able to demonstrate that no
10 alternative means of transportation is reasonably available
11 and the petitioner will not endanger the public safety or
12 welfare; provided that the Secretary's discretion shall be
13 limited to cases where undue hardship would result from a
14 failure to issue the restricted driving permit.
15     If a person's license or permit has been revoked or
16 suspended due to 2 or more convictions of violating Section
17 11-501 of this Code or a similar provision of a local ordinance
18 or a similar out-of-state offense, arising out of separate
19 occurrences, that person, if issued a restricted driving
20 permit, may not operate a vehicle unless it has been equipped
21 with an ignition interlock device as defined in Section
22 1-129.1.
23     If a person's license or permit has been revoked or
24 suspended 2 or more times within a 10 year period due to a
25 single conviction of violating Section 11-501 of this Code or a
26 similar provision of a local ordinance or a similar

 

 

09500HB1100ham002 - 32 - LRB095 07913 DRH 34433 a

1 out-of-state offense, and a statutory summary suspension under
2 Section 11-501.1, or 2 or more statutory summary suspensions,
3 or combination of 2 offenses, or of an offense and a statutory
4 summary suspension, arising out of separate occurrences, that
5 person, if issued a restricted driving permit, may not operate
6 a vehicle unless it has been equipped with an ignition
7 interlock device as defined in Section 1-129.1. The person must
8 pay to the Secretary of State DUI Administration Fund an amount
9 not to exceed $20 per month. The Secretary shall establish by
10 rule the amount and the procedures, terms, and conditions
11 relating to these fees. If the restricted driving permit was
12 issued for employment purposes, then this provision does not
13 apply to the operation of an occupational vehicle owned or
14 leased by that person's employer. In each case the Secretary of
15 State may issue a restricted driving permit for a period he
16 deems appropriate, except that the permit shall expire within
17 one year from the date of issuance. The Secretary may not,
18 however, issue a restricted driving permit to any person whose
19 current revocation is the result of a second or subsequent
20 conviction for a violation of Section 11-501 of this Code or a
21 similar provision of a local ordinance relating to the offense
22 of operating or being in physical control of a motor vehicle
23 while under the influence of alcohol, other drug or drugs,
24 intoxicating compound or compounds, or any similar
25 out-of-state offense, or any combination thereof, until the
26 expiration of at least one year from the date of the

 

 

09500HB1100ham002 - 33 - LRB095 07913 DRH 34433 a

1 revocation. A restricted driving permit issued under this
2 Section shall be subject to cancellation, revocation, and
3 suspension by the Secretary of State in like manner and for
4 like cause as a driver's license issued under this Code may be
5 cancelled, revoked, or suspended; except that a conviction upon
6 one or more offenses against laws or ordinances regulating the
7 movement of traffic shall be deemed sufficient cause for the
8 revocation, suspension, or cancellation of a restricted
9 driving permit. The Secretary of State may, as a condition to
10 the issuance of a restricted driving permit, require the
11 applicant to participate in a designated driver remedial or
12 rehabilitative program. The Secretary of State is authorized to
13 cancel a restricted driving permit if the permit holder does
14 not successfully complete the program. However, if an
15 individual's driving privileges have been revoked in
16 accordance with paragraph 13 of subsection (a) of this Section,
17 no restricted driving permit shall be issued until the
18 individual has served 6 months of the revocation period.
19     (d) Whenever a person under the age of 21 is convicted
20 under Section 11-501 of this Code or a similar provision of a
21 local ordinance, the Secretary of State shall revoke the
22 driving privileges of that person. One year after the date of
23 revocation, and upon application, the Secretary of State may,
24 if satisfied that the person applying will not endanger the
25 public safety or welfare, issue a restricted driving permit
26 granting the privilege of driving a motor vehicle only between

 

 

09500HB1100ham002 - 34 - LRB095 07913 DRH 34433 a

1 the hours of 5 a.m. and 9 p.m. or as otherwise provided by this
2 Section for a period of one year. After this one year period,
3 and upon reapplication for a license as provided in Section
4 6-106, upon payment of the appropriate reinstatement fee
5 provided under paragraph (b) of Section 6-118, the Secretary of
6 State, in his discretion, may issue the applicant a license, or
7 extend the restricted driving permit as many times as the
8 Secretary of State deems appropriate, by additional periods of
9 not more than 12 months each, until the applicant attains 21
10 years of age.
11     If a person's license or permit has been revoked or
12 suspended due to 2 or more convictions of violating Section
13 11-501 of this Code or a similar provision of a local ordinance
14 or a similar out-of-state offense, arising out of separate
15 occurrences, that person, if issued a restricted driving
16 permit, may not operate a vehicle unless it has been equipped
17 with an ignition interlock device as defined in Section
18 1-129.1.
19     If a person's license or permit has been revoked or
20 suspended 2 or more times within a 10 year period due to a
21 single conviction of violating Section 11-501 of this Code or a
22 similar provision of a local ordinance or a similar
23 out-of-state offense, and a statutory summary suspension under
24 Section 11-501.1, or 2 or more statutory summary suspensions,
25 or combination of 2 offenses, or of an offense and a statutory
26 summary suspension, arising out of separate occurrences, that

 

 

09500HB1100ham002 - 35 - LRB095 07913 DRH 34433 a

1 person, if issued a restricted driving permit, may not operate
2 a vehicle unless it has been equipped with an ignition
3 interlock device as defined in Section 1-129.1. The person must
4 pay to the Secretary of State DUI Administration Fund an amount
5 not to exceed $20 per month. The Secretary shall establish by
6 rule the amount and the procedures, terms, and conditions
7 relating to these fees. If the restricted driving permit was
8 issued for employment purposes, then this provision does not
9 apply to the operation of an occupational vehicle owned or
10 leased by that person's employer. A restricted driving permit
11 issued under this Section shall be subject to cancellation,
12 revocation, and suspension by the Secretary of State in like
13 manner and for like cause as a driver's license issued under
14 this Code may be cancelled, revoked, or suspended; except that
15 a conviction upon one or more offenses against laws or
16 ordinances regulating the movement of traffic shall be deemed
17 sufficient cause for the revocation, suspension, or
18 cancellation of a restricted driving permit. The revocation
19 periods contained in this subparagraph shall apply to similar
20 out-of-state convictions.
21     (e) This Section is subject to the provisions of the Driver
22 License Compact.
23     (f) Any revocation imposed upon any person under
24 subsections 2 and 3 of paragraph (b) that is in effect on
25 December 31, 1988 shall be converted to a suspension for a like
26 period of time.

 

 

09500HB1100ham002 - 36 - LRB095 07913 DRH 34433 a

1     (g) The Secretary of State shall not issue a restricted
2 driving permit to a person under the age of 16 years whose
3 driving privileges have been revoked under any provisions of
4 this Code.
5     (h) The Secretary of State shall require the use of
6 ignition interlock devices on all vehicles owned by an
7 individual who has been convicted of a second or subsequent
8 offense under Section 11-501 of this Code or a similar
9 provision of a local ordinance. The Secretary shall establish
10 by rule and regulation the procedures for certification and use
11 of the interlock system.
12     (i) The Secretary of State may not issue a restricted
13 driving permit for a period of one year after a second or
14 subsequent revocation of driving privileges under clause
15 (a)(2) of this Section; however, one year after the date of a
16 second or subsequent revocation of driving privileges under
17 clause (a)(2) of this Section, the Secretary of State may, upon
18 application, issue a restricted driving permit under the terms
19 and conditions of subsection (c).
20     (j) In accordance with 49 C.F.R. 384, the Secretary of
21 State may not issue a restricted driving permit for the
22 operation of a commercial motor vehicle to a person holding a
23 CDL whose driving privileges have been revoked under any
24 provisions of this Code.
25 (Source: P.A. 93-120, eff. 1-1-04; 94-307, eff. 9-30-05.)
 

 

 

09500HB1100ham002 - 37 - LRB095 07913 DRH 34433 a

1     Section 95. No acceleration or delay. Where this Act makes
2 changes in a statute that is represented in this Act by text
3 that is not yet or no longer in effect (for example, a Section
4 represented by multiple versions), the use of that text does
5 not accelerate or delay the taking effect of (i) the changes
6 made by this Act or (ii) provisions derived from any other
7 Public Act.
 
8     Section 97. Severability. The provisions of this Act are
9 severable under Section 1.31 of the Statute on Statutes.
 
10     Section 99. Effective date. This Act takes effect July 1,
11 2008.".