Full Text of SB1751 95th General Assembly
SB1751sam003 95TH GENERAL ASSEMBLY
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Sen. Martin A. Sandoval
Filed: 3/23/2007
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| AMENDMENT TO SENATE BILL 1751
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| AMENDMENT NO. ______. Amend Senate Bill 1751, AS AMENDED, | 3 |
| by replacing the title with the following:
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| "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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| changing Sections 2-119, 6-106, 6-118, and 6-205 and by adding | 2 |
| Section 6-107.5 as follows:
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| (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
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| Sec. 2-119. Disposition of fees and taxes.
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| (a) All moneys received from Salvage Certificates shall be | 6 |
| deposited in
the Common School Fund in the State Treasury.
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| (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,
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| duplicate certificate of title and corrected certificate of | 14 |
| title, $1.50
shall be deposited in the Park and Conservation | 15 |
| Fund.
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| 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).
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| Beginning January 1, 2000, of
the
moneys collected for each | 25 |
| certificate of title, duplicate certificate of title,
and |
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| 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
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| shall instead be deposited into the Road Fund.
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| 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.
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| (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.
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| (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.
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| (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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| 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.
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| (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
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| inspections
pursuant to Chapter 18b of this Code.
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| (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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| 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.
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| (h) (Blank).
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| (i) (Blank).
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| (j) (Blank).
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| (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.
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| 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
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| Secretary of State Special License Plate Fund.
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| (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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| Vehicle Review Board, including without
limitation payment of | 2 |
| compensation and all necessary expenses incurred in
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| administering the Motor Vehicle Review Board under the Motor | 4 |
| Vehicle Franchise
Act.
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| (m) Effective July 1, 1996, there is created in the State
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| 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.
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| (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.
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| (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.
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| (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.
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| (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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| 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.
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| (Source: P.A. 92-16, eff. 6-28-01; 93-32, eff. 7-1-03; 93-840, | 8 |
| eff. 7-30-04.)
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| (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
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| Sec. 6-106. Application for license or instruction permit.
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| (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.
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| (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
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| 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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| 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
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| 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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| 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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| 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
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| (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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| 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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| 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.
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| (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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| 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.
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| (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.
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| (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.
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| (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.
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| (d) Any male United States citizen or immigrant who applies |
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| 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.
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| (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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| process, to ensure compliance with the Firearm Owners | 2 |
| Identification Card Act.
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| (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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| holding an Illinois driver's license
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| who wishes a change in classifications,
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| other than at the time of renewal ..................5
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| 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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| $6 for the CDLIS/AAMVAnet Fund
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| (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
|
|
|
|
09500SB1751sam003 |
- 18 - |
LRB095 05849 DRH 34503 a |
|
| 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 |
|
|
|
09500SB1751sam003 |
- 19 - |
LRB095 05849 DRH 34503 a |
|
| 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 |
|
|
|
09500SB1751sam003 |
- 20 - |
LRB095 05849 DRH 34503 a |
|
| 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:
|
|
|
|
09500SB1751sam003 |
- 21 - |
LRB095 05849 DRH 34503 a |
|
| 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
|
|
|
|
09500SB1751sam003 |
- 22 - |
LRB095 05849 DRH 34503 a |
|
| 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
|
|
|
|
09500SB1751sam003 |
- 23 - |
LRB095 05849 DRH 34503 a |
|
| 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
|
|
|
|
09500SB1751sam003 |
- 24 - |
LRB095 05849 DRH 34503 a |
|
| 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 |
|
|
|
09500SB1751sam003 |
- 25 - |
LRB095 05849 DRH 34503 a |
|
| 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 |
|
|
|
09500SB1751sam003 |
- 26 - |
LRB095 05849 DRH 34503 a |
|
| 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 |
|
|
|
09500SB1751sam003 |
- 27 - |
LRB095 05849 DRH 34503 a |
|
| 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 |
|
|
|
09500SB1751sam003 |
- 28 - |
LRB095 05849 DRH 34503 a |
|
| 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 |
| 1. Reckless homicide resulting from the operation of a | 15 |
| motor vehicle;
| 16 |
| 2. Violation of Section 11-501 of this Code or a | 17 |
| similar provision of
a local ordinance relating to the | 18 |
| offense of operating or being in physical
control of a | 19 |
| vehicle while under the influence of alcohol, other drug or
| 20 |
| drugs, intoxicating compound or compounds, or any | 21 |
| combination thereof;
| 22 |
| 3. Any felony under the laws of any State or the | 23 |
| federal government
in the commission of which a motor | 24 |
| vehicle was used;
| 25 |
| 4. Violation of Section 11-401 of this Code relating to |
|
|
|
09500SB1751sam003 |
- 29 - |
LRB095 05849 DRH 34503 a |
|
| 1 |
| the offense of
leaving the scene of a traffic accident | 2 |
| involving death or personal injury;
| 3 |
| 5. Perjury or the making of a false affidavit or | 4 |
| statement under
oath to the Secretary of State under this | 5 |
| Code or under any
other law relating to the ownership or | 6 |
| operation of motor vehicles;
| 7 |
| 6. Conviction upon 3 charges of violation of Section | 8 |
| 11-503 of this
Code relating to the offense of reckless | 9 |
| driving committed within a
period of 12 months;
| 10 |
| 7. Conviction of any offense
defined in
Section 4-102 | 11 |
| of this Code;
| 12 |
| 8. Violation of Section 11-504 of this Code relating to | 13 |
| the offense
of drag racing;
| 14 |
| 9. Violation of Chapters 8 and 9 of this Code;
| 15 |
| 10. Violation of Section 12-5 of the Criminal Code of | 16 |
| 1961 arising from
the use of a motor vehicle;
| 17 |
| 11. Violation of Section 11-204.1 of this Code relating | 18 |
| to aggravated
fleeing or attempting to elude a peace | 19 |
| officer;
| 20 |
| 12. Violation of paragraph (1) of subsection (b) of | 21 |
| Section 6-507,
or a similar law of any other state, | 22 |
| relating to the
unlawful operation of a commercial motor | 23 |
| vehicle;
| 24 |
| 13. Violation of paragraph (a) of Section 11-502 of | 25 |
| this Code or a
similar provision of a local ordinance if | 26 |
| the driver has been previously
convicted of a violation of |
|
|
|
09500SB1751sam003 |
- 30 - |
LRB095 05849 DRH 34503 a |
|
| 1 |
| that Section or a similar provision of a local
ordinance | 2 |
| and the driver was less than 21 years of age at the time of | 3 |
| the
offense.
| 4 |
| (a-5) The Secretary of State shall immediately revoke the | 5 |
| driver's certificate issued under subdivision (b-2)(1) of | 6 |
| Section 6-106 of this Code, upon notification from the Illinois | 7 |
| Department of Revenue that the holder of the driver's | 8 |
| certificate is not in compliance with any applicable tax laws | 9 |
| administered by the Department of Revenue.
| 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 |
|
|
|
09500SB1751sam003 |
- 31 - |
LRB095 05849 DRH 34503 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
|
|
|
|
09500SB1751sam003 |
- 32 - |
LRB095 05849 DRH 34503 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
|
|
|
|
09500SB1751sam003 |
- 33 - |
LRB095 05849 DRH 34503 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 |
|
|
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| 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 |
|
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|
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| 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.
|
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| (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.)
|
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| 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.".
|
|