Full Text of SB0675 100th General Assembly
SB0675enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 1-118, 5-301, 5-503, 6-201, and 6-401 and by adding | 6 | | Section 5-501.5 as follows:
| 7 | | (625 ILCS 5/1-118) (from Ch. 95 1/2, par. 1-118)
| 8 | | Sec. 1-118. Essential parts. All integral and body parts of | 9 | | a vehicle
of a type required to be registered hereunder, the | 10 | | removal, alteration or
substitution of which would tend to | 11 | | conceal the identity of the vehicle or
substantially alter its | 12 | | appearance, model, type or mode of operation.
"Essential parts" | 13 | | includes the following: vehicle hulks, shells, chassis,
| 14 | | frames, front end assemblies (which may consist of headlight, | 15 | | grill,
fenders and hood), front clip (front end assembly with | 16 | | cowl attached), rear
clip (which may consist of quarter panels, | 17 | | fenders, floor and top), doors,
hatchbacks, fenders, cabs, cab | 18 | | clips, cowls, hoods, trunk lids, deck lids, bed, front bumper, | 19 | | rear bumper,
T-tops, sunroofs, moon roofs, astro roofs, | 20 | | transmissions of vehicles of the
second division , seats, | 21 | | aluminum wheels, engines and similar parts.
Essential parts | 22 | | also includes fairings, fuel tanks, and forks of motorcycles. | 23 | | Essential parts shall also include stereo radios , cassette |
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| 1 | | radios, compact
disc radios, cassette/compact disc radios and | 2 | | compact disc players and
compact disc changers which are either | 3 | | installed in dash or trunk-mounted .
| 4 | | An essential part which does not have affixed to it an | 5 | | identification
number as defined in Section 1-129 adopts the | 6 | | identification number of the
vehicle to which such part is | 7 | | affixed, installed or mounted.
| 8 | | An "essential part" does not include an engine, | 9 | | transmission, or a rear axle that is used in a glider kit. | 10 | | (Source: P.A. 99-748, eff. 8-5-16.)
| 11 | | (625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
| 12 | | Sec. 5-301. Automotive parts recyclers, scrap processors, | 13 | | repairers and
rebuilders must be licensed. | 14 | | (a) No person in this State shall, except as an incident to
| 15 | | the servicing of vehicles, carry on or conduct the business
of | 16 | | an automotive parts recycler, a scrap processor, a repairer,
or | 17 | | a rebuilder, unless licensed to do so in writing by the | 18 | | Secretary of
State under this Section. No person shall rebuild | 19 | | a salvage vehicle
unless such person is licensed as a rebuilder | 20 | | by the Secretary of State
under this Section. No person shall | 21 | | engage in the business of acquiring 5 or more previously owned | 22 | | vehicles in one calendar year for the primary purpose of | 23 | | disposing of those vehicles in the manner described in the | 24 | | definition of a "scrap processor" in this Code unless the | 25 | | person is licensed as an automotive parts recycler by the |
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| 1 | | Secretary of State under this Section. Each license shall be | 2 | | applied for and issued
separately, except that a license issued | 3 | | to a new vehicle dealer under
Section 5-101 of this Code shall | 4 | | also be deemed to be a repairer license.
| 5 | | (b) Any application filed with the Secretary of State, | 6 | | shall be duly
verified by oath, in such form as the Secretary | 7 | | of State may by rule or
regulation prescribe and shall contain:
| 8 | | 1. The name and type of business organization of the | 9 | | applicant and
his principal or additional places of | 10 | | business, if any, in this State.
| 11 | | 2. The kind or kinds of business enumerated in | 12 | | subsection (a) of
this Section to be conducted at each | 13 | | location.
| 14 | | 3. If the applicant is a corporation, a list of its | 15 | | officers,
directors, and shareholders having a ten percent | 16 | | or greater ownership
interest in the corporation, setting | 17 | | forth the residence address of each;
if the applicant is a | 18 | | sole proprietorship, a partnership, an unincorporated
| 19 | | association, a trust, or any similar form of business | 20 | | organization, the
names and residence address of the | 21 | | proprietor or of each partner, member,
officer, director, | 22 | | trustee or manager.
| 23 | | 4. A statement that the applicant's officers, | 24 | | directors, shareholders
having a ten percent or greater | 25 | | ownership interest therein, proprietor,
partner, member, | 26 | | officer, director, trustee, manager, or other principals
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| 1 | | in the business have not committed in the past three years | 2 | | any one
violation as determined in any civil or criminal or | 3 | | administrative
proceedings of any one of the following | 4 | | Acts:
| 5 | | (a) The Anti-Theft Laws of the Illinois Vehicle | 6 | | Code;
| 7 | | (b) The "Certificate of Title Laws" of the Illinois | 8 | | Vehicle Code;
| 9 | | (c) The "Offenses against Registration and | 10 | | Certificates of Title Laws"
of the Illinois Vehicle | 11 | | Code;
| 12 | | (d) The "Dealers, Transporters, Wreckers and | 13 | | Rebuilders Laws" of the
Illinois Vehicle Code;
| 14 | | (e) Section 21-2 of the Criminal Code of 1961 or | 15 | | the Criminal Code of 2012, Criminal Trespass to
| 16 | | Vehicles; or
| 17 | | (f) The Retailers Occupation Tax Act.
| 18 | | 5. A statement that the applicant's officers, | 19 | | directors, shareholders
having a ten percent or greater | 20 | | ownership interest therein, proprietor,
partner, member, | 21 | | officer, director, trustee, manager or other principals
in | 22 | | the business have not committed in any calendar year 3 or | 23 | | more
violations, as determined in any civil or criminal or | 24 | | administrative
proceedings, of any one or more of the | 25 | | following Acts:
| 26 | | (a) The Consumer Finance Act;
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| 1 | | (b) The Consumer Installment Loan Act;
| 2 | | (c) The Retail Installment Sales Act;
| 3 | | (d) The Motor Vehicle Retail Installment Sales | 4 | | Act;
| 5 | | (e) The Interest Act;
| 6 | | (f) The Illinois Wage Assignment Act;
| 7 | | (g) Part 8 of Article XII of the Code of Civil | 8 | | Procedure; or
| 9 | | (h) The Consumer Fraud Act.
| 10 | | 6. An application for a license shall be accompanied by | 11 | | the
following fees:
$50 for applicant's established place | 12 | | of business;
$25 for each
additional place of business, if | 13 | | any, to which the application pertains;
provided, however, | 14 | | that if such an application is made after June 15 of
any | 15 | | year, the license fee shall be $25 for applicant's | 16 | | established
place
of business plus $12.50 for each | 17 | | additional place of business, if
any,
to which the | 18 | | application pertains. License fees shall be returnable | 19 | | only
in the event that such application shall be denied by | 20 | | the Secretary of
State.
| 21 | | 7. A statement that the applicant understands Chapter 1 | 22 | | through
Chapter 5 of this Code.
| 23 | | 8. A statement that the applicant shall comply with
| 24 | | subsection (e)
of this Section. | 25 | | 9. A statement indicating if the applicant, including | 26 | | any of the applicant's affiliates or predecessor |
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| 1 | | corporations, has been subject to the revocation or | 2 | | nonrenewal of a business license by a municipality under | 3 | | Section 5-501.5 of this Code.
| 4 | | (c) Any change which renders no longer accurate any | 5 | | information
contained in any application for a license filed | 6 | | with the Secretary of
State shall be amended within 30 days | 7 | | after the occurrence of such
change on such form as the | 8 | | Secretary of State may prescribe by rule or
regulation, | 9 | | accompanied by an amendatory fee of $2.
| 10 | | (d) Anything in this chapter to the contrary, | 11 | | notwithstanding, no
person shall be licensed under this Section | 12 | | unless such person shall
maintain an established place of | 13 | | business as defined in this Chapter.
| 14 | | (e) The Secretary of State shall within a reasonable time | 15 | | after
receipt thereof, examine an application submitted to him | 16 | | under this
Section and unless he makes a determination that the | 17 | | application
submitted to him does not conform with the | 18 | | requirements of this Section
or that grounds exist for a denial | 19 | | of the application, as prescribed in
Section 5-501 of this | 20 | | Chapter, grant the applicant an original license
as applied for | 21 | | in writing for his established place of business and a
| 22 | | supplemental license in writing for each additional place of
| 23 | | business in such form as he may prescribe by rule or regulation | 24 | | which shall
include the following:
| 25 | | 1. The name of the person licensed;
| 26 | | 2. If a corporation, the name and address of its |
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| 1 | | officers or if a
sole proprietorship, a partnership, an | 2 | | unincorporated association or any
similar form of business | 3 | | organization, the name and address of the
proprietor or of | 4 | | each partner, member, officer, director, trustee or | 5 | | manager;
| 6 | | 3. A designation of the kind or kinds of business | 7 | | enumerated in
subsection (a) of this Section to be | 8 | | conducted at each location;
| 9 | | 4. In the case of an original license, the established | 10 | | place of
business of the licensee;
| 11 | | 5. In the case of a supplemental license, the | 12 | | established place of
business of the licensee and the | 13 | | additional place of business to which such
supplemental | 14 | | license pertains.
| 15 | | (f) The appropriate instrument evidencing the license or a | 16 | | certified
copy thereof, provided by the Secretary of State | 17 | | shall be kept, posted,
conspicuously in the established place | 18 | | of business of the
licensee and in each additional place of | 19 | | business, if any, maintained by
such licensee. The licensee | 20 | | also shall post conspicuously in the
established place of | 21 | | business and in each additional place of business a
notice | 22 | | which states that such business is required to be licensed by | 23 | | the
Secretary of State under Section 5-301, and which provides | 24 | | the license
number of the business and the license expiration | 25 | | date. This notice also
shall advise the consumer that any | 26 | | complaints as to the quality of service
may be brought to the |
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| 1 | | attention of the Attorney General. The information
required on | 2 | | this notice also shall be printed conspicuously on all
| 3 | | estimates and receipts for work by the licensee subject to this | 4 | | Section.
The Secretary of State shall prescribe the specific | 5 | | format of this notice.
| 6 | | (g) Except as provided in subsection (h) hereof, licenses | 7 | | granted
under this Section shall expire by operation of law on | 8 | | December 31 of
the calendar year for which they are granted | 9 | | unless sooner revoked , nonrenewed, or
cancelled under the | 10 | | provisions of Section 5-501 or 5-501.5 of this Chapter.
| 11 | | (h) Any license granted under this Section may be renewed | 12 | | upon
application and payment of the fee required herein as in | 13 | | the case of an
original license, provided, however, that in | 14 | | case an application for the
renewal of an effective license is | 15 | | made during the month of December,
such effective license shall | 16 | | remain in force until such application is
granted or denied by | 17 | | the Secretary of State.
| 18 | | (i) All automotive
repairers and
rebuilders shall, in | 19 | | addition to the requirements of subsections (a)
through
(h) of | 20 | | this Section, meet the following licensing requirements:
| 21 | | 1. Provide proof that the property on which first time
| 22 | | applicants plan to
do business is in compliance with local | 23 | | zoning laws and regulations, and
a listing of zoning | 24 | | classification;
| 25 | | 2. Provide proof that the applicant for a repairer's
| 26 | | license complies
with the proper workers' compensation |
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| 1 | | rate code or classification, and
listing the code of | 2 | | classification for that industry;
| 3 | | 3. Provide proof that the applicant for a rebuilder's
| 4 | | license complies
with the proper workers' compensation | 5 | | rate code or classification for the
repair industry or the | 6 | | auto parts recycling industry and listing the code
of | 7 | | classification;
| 8 | | 4. Provide proof that the applicant has obtained or
| 9 | | applied for a
hazardous waste generator number, and listing | 10 | | the actual number if
available or certificate of exemption;
| 11 | | 5. Provide proof that applicant has proper liability
| 12 | | insurance, and
listing the name of the insurer and the | 13 | | policy number; and
| 14 | | 6. Provide proof that the applicant has obtained or
| 15 | | applied for the proper
State sales tax classification and | 16 | | federal identification tax number, and
listing the actual | 17 | | numbers if available.
| 18 | | (i-1) All automotive repairers shall provide proof that | 19 | | they comply with all requirements of the Automotive Collision | 20 | | Repair Act.
| 21 | | (j) All automotive
parts
recyclers shall, in addition to | 22 | | the requirements of subsections (a) through
(h) of this | 23 | | Section, meet the following licensing requirements:
| 24 | | 1. Provide a statement that the applicant purchases 5 | 25 | | vehicles
per year or has 5
hulks or chassis in stock;
| 26 | | 2. Provide proof that the property on which all first
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| 1 | | time applicants will
do business does comply to the proper | 2 | | local zoning laws in existence, and
a listing of zoning | 3 | | classifications;
| 4 | | 3. Provide proof that applicant complies with the
| 5 | | proper workers'
compensation rate code or classification, | 6 | | and listing the code of
classification; and
| 7 | | 4. Provide proof that applicant has obtained or
applied | 8 | | for the proper
State sales tax classification and federal | 9 | | identification tax number, and
listing the actual numbers | 10 | | if available.
| 11 | | (Source: P.A. 97-832, eff. 7-20-12; 97-1150, eff. 1-25-13; | 12 | | 98-756, eff. 7-16-14.)
| 13 | | (625 ILCS 5/5-501.5 new) | 14 | | Sec. 5-501.5. License eligibility; fraud. | 15 | | (a) For purposes of this Section, an "automotive parts | 16 | | recycler, scrap processor, repairer, or rebuilder" includes | 17 | | any owners, operators, principals, shareholders, partners, or | 18 | | directors that have ownership interest or managerial authority | 19 | | in the business at the time the fraud or misconduct occurred. | 20 | | (b) Notwithstanding any other provision of law to the | 21 | | contrary, an automotive parts recycler, scrap processor, | 22 | | repairer, or rebuilder with a business license issued by a | 23 | | municipality that has been revoked or nonrenewed due to fraud | 24 | | or misconduct committed against the municipality within 3 years | 25 | | preceding the effective date of this amendatory Act of the |
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| 1 | | 100th General Assembly or on or after the effective date of | 2 | | this amendatory Act of the 100th General Assembly shall not be | 3 | | eligible for a license or license renewal under Section 5-301 | 4 | | of this Code. | 5 | | (c) No later than 30 days after the effective date of this | 6 | | amendatory Act of the 100th General Assembly, a municipality | 7 | | that has revoked or nonrenewed a business license under | 8 | | subsection (b) of this Section shall: | 9 | | (1) notify the Secretary of State of the revocation or | 10 | | nonrenewal; and | 11 | | (2) notify any other municipality in which the former | 12 | | licensee is known to conduct business that the former | 13 | | licensee's business license has been revoked or nonrenewed | 14 | | due to fraud or misconduct committed against the | 15 | | municipality. | 16 | | (d) No later than 30 days after receiving a notice required | 17 | | under paragraph (2) of subsection (c) of this Section, a | 18 | | municipality shall take all actions necessary to revoke or, if | 19 | | the business license is set to expire within a 30-day period of | 20 | | the notice, prohibit renewal of the licensee's business | 21 | | license. | 22 | | (d-5) No later than 30 days after receiving notice under | 23 | | paragraph (1) of subsection (c) of this Section, the Secretary | 24 | | shall notify the former licensee that it is not eligible to | 25 | | conduct business in this State as an automotive parts recycler, | 26 | | scrap processor, repairer, or rebuilder. |
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| 1 | | (e) An automotive parts recycler, scrap processor, | 2 | | repairer, or rebuilder shall be fined $1,000 for each day it | 3 | | conducts business in this State in violation of this Section. | 4 | | (f) No unit of local government, including a home rule | 5 | | unit, may regulate business licenses in a manner inconsistent | 6 | | with this Section. This subsection (f) is a limitation under | 7 | | subsection (i) of Section 6 of Article VII of the Illinois | 8 | | Constitution on the concurrent exercise by home rule units of | 9 | | powers and functions exercised by the State.
| 10 | | (625 ILCS 5/5-503) (from Ch. 95 1/2, par. 5-503)
| 11 | | Sec. 5-503.
Failure to obtain dealer's license, operation | 12 | | of a business
with a suspended or revoked license. (a) Any | 13 | | person operating a business
for which he is required to be | 14 | | licensed under Section 5-101, 5-102, 5-201
or 5-301 who fails | 15 | | to apply for such a license or licenses within 15 days
after | 16 | | being informed in writing by the Secretary of State that he | 17 | | must obtain
such a license or licenses is subject to a civil | 18 | | action brought by the
Secretary of State for operating a | 19 | | business without a license in the
circuit court in the county | 20 | | in which the business is located. If the
person is found to be | 21 | | in violation of Section 5-101, 5-102, 5-201 or 5-301
by | 22 | | carrying on a business without being properly licensed, that | 23 | | person
shall be fined $300 for each business day he conducted | 24 | | his business without
such a license after the expiration of the | 25 | | 15 day period specified in this
subsection (a).
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| 1 | | (b) Any person who, having had his license or licenses | 2 | | issued under Section
5-101, 5-102, 5-201 or 5-301 suspended, | 3 | | revoked, nonrenewed, cancelled , or denied by the
Secretary of | 4 | | State under Section 5-501 or 5-501.5 of this Code , continues to | 5 | | operate business after
the effective date of such revocation, | 6 | | nonrenewal, suspension, cancellation , or denial
may be sued in | 7 | | a civil action by the Secretary of State in the county in
which | 8 | | the established or additional place of such business is | 9 | | located. Except as provided in subsection (e) of Section | 10 | | 5-501.5 of this Code, if If
such person is found by the court | 11 | | to have operated such a business after
the license or licenses | 12 | | required for conducting such
business have been suspended, | 13 | | revoked, nonrenewed, cancelled , or denied, that person
shall be | 14 | | fined $500 for each day he conducted business thereafter.
| 15 | | (Source: P.A. 86-444.)
| 16 | | (625 ILCS 5/6-201)
| 17 | | Sec. 6-201. Authority to cancel licenses and permits.
| 18 | | (a) The Secretary of State is authorized to cancel any | 19 | | license or permit
upon determining that the holder thereof:
| 20 | | 1. was not entitled to the issuance thereof hereunder; | 21 | | or
| 22 | | 2. failed to give the required or correct information | 23 | | in his
application; or
| 24 | | 3. failed to pay any fees, civil penalties owed to the | 25 | | Illinois Commerce
Commission, or taxes due under this Act |
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| 1 | | and upon reasonable notice and demand;
or
| 2 | | 4. committed any fraud in the making of such | 3 | | application; or
| 4 | | 5. is ineligible therefor under the provisions of | 5 | | Section 6-103 of this
Act, as amended; or
| 6 | | 6. has refused or neglected to submit an alcohol, drug, | 7 | | and
intoxicating compound evaluation or to
submit to | 8 | | examination or re-examination as required under this Act; | 9 | | or
| 10 | | 7. has been convicted of violating the Cannabis Control | 11 | | Act,
the
Illinois Controlled Substances Act, the | 12 | | Methamphetamine Control and Community Protection Act, or | 13 | | the Use of Intoxicating Compounds
Act while that individual | 14 | | was in actual physical
control of a motor vehicle. For | 15 | | purposes of this Section, any person placed on
probation | 16 | | under Section 10 of the Cannabis Control Act, Section 410 | 17 | | of the
Illinois Controlled Substances Act, or Section 70 of | 18 | | the Methamphetamine Control and Community Protection Act | 19 | | shall not be considered convicted. Any
person found guilty | 20 | | of this offense, while in actual physical control of a
| 21 | | motor vehicle, shall have an entry made in the court record | 22 | | by the
judge that this offense did occur while the person | 23 | | was in actual
physical control of a motor vehicle and order | 24 | | the clerk of the court to report
the violation to the | 25 | | Secretary of State as such. After the cancellation, the
| 26 | | Secretary of State shall not issue a new license or permit |
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| 1 | | for a period of one
year after the date of cancellation. | 2 | | However, upon application, the Secretary
of State may, if | 3 | | satisfied that the person applying will not endanger the
| 4 | | public safety, or welfare, issue a restricted driving | 5 | | permit granting the
privilege of driving a motor vehicle | 6 | | between the petitioner's residence and
petitioner's place | 7 | | of employment or within the scope of the petitioner's | 8 | | employment
related duties, or to allow transportation for
| 9 | | the petitioner or a household member of the petitioner's | 10 | | family for the receipt of
necessary medical care, or | 11 | | provide transportation for the petitioner to and from | 12 | | alcohol or drug remedial or
rehabilitative activity | 13 | | recommended by a licensed service provider, or for the | 14 | | petitioner to attend classes, as a student,
in an | 15 | | accredited educational institution. The petitioner must
| 16 | | demonstrate that no alternative means of transportation is | 17 | | reasonably
available; provided that the Secretary's | 18 | | discretion shall be limited to
cases where undue hardship, | 19 | | as defined by the rules of the Secretary of State, would | 20 | | result from a failure to issue such
restricted driving | 21 | | permit. In each case the Secretary of State may issue
such | 22 | | restricted driving permit for such period as he deems | 23 | | appropriate,
except that such permit shall expire within | 24 | | one year from the date of
issuance. A restricted driving | 25 | | permit issued hereunder shall be subject to
cancellation, | 26 | | revocation and suspension by the Secretary of State in like
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| 1 | | manner and for like cause as a driver's license issued | 2 | | hereunder may be
cancelled, revoked or suspended; except | 3 | | that a conviction upon one or more
offenses against laws or | 4 | | ordinances regulating the movement of traffic
shall be | 5 | | deemed sufficient cause for the revocation, suspension or
| 6 | | cancellation of a restricted driving permit. The Secretary | 7 | | of State may,
as a condition to the issuance of a | 8 | | restricted driving permit, require the
applicant to | 9 | | participate in a driver remedial or rehabilitative
| 10 | | program. In accordance with 49 C.F.R. 384, the Secretary of | 11 | | State may not issue a restricted driving permit for the | 12 | | operation of a commercial motor vehicle to a person holding | 13 | | a CDL whose driving privileges have been revoked, | 14 | | suspended, cancelled, or disqualified under this Code; or
| 15 | | 8. failed to submit a report as required by Section | 16 | | 6-116.5 of this
Code; or
| 17 | | 9. has been convicted of a sex offense as defined in | 18 | | the Sex Offender Registration Act. The driver's license | 19 | | shall remain cancelled until the driver registers as a sex | 20 | | offender as required by the Sex Offender Registration Act, | 21 | | proof of the registration is furnished to the Secretary of | 22 | | State and the sex offender provides proof of current | 23 | | address to the Secretary; or
| 24 | | 10. is ineligible for a license or permit under Section | 25 | | 6-107, 6-107.1, or
6-108 of this Code; or
| 26 | | 11. refused or neglected to appear at a Driver Services |
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| 1 | | facility to have the license or permit corrected and a new | 2 | | license or permit issued or to present documentation for | 3 | | verification of identity; or
| 4 | | 12. failed to submit a medical examiner's certificate | 5 | | or medical variance as required by 49 C.F.R. 383.71 or | 6 | | submitted a fraudulent medical examiner's certificate or | 7 | | medical variance; or | 8 | | 13. has had his or her medical examiner's certificate, | 9 | | medical variance, or both removed or rescinded by the | 10 | | Federal Motor Carrier Safety Administration; or | 11 | | 14. failed to self-certify as to the type of driving in | 12 | | which the CDL driver engages or expects to engage; or | 13 | | 15. has submitted acceptable documentation indicating | 14 | | out-of-state residency to the Secretary of State to be | 15 | | released from the requirement of showing proof of financial | 16 | | responsibility in this State; or | 17 | | 16. was convicted of fraud relating to the testing or | 18 | | issuance of a CDL or CLP, in which case only the CDL or CLP | 19 | | shall be cancelled. After cancellation, the Secretary | 20 | | shall not issue a CLP or CDL for a period of one year from | 21 | | the date of cancellation; or | 22 | | 17. has a special restricted license under subsection | 23 | | (g) of Section 6-113 of this Code and failed to submit the | 24 | | required annual vision specialist report that the special | 25 | | restricted license holder's vision has not changed; or | 26 | | 18. has a special restricted license under subsection |
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| 1 | | (g) of Section 6-113 of this Code and was convicted or | 2 | | received court supervision for a violation of this Code | 3 | | that occurred during nighttime hours or was involved in a | 4 | | motor vehicle accident during nighttime hours in which the | 5 | | restricted license holder was at fault ; or . | 6 | | 19. has assisted an out-of-state resident in acquiring | 7 | | an Illinois driver's license or identification card by | 8 | | providing or allowing the out-of-state resident to use his | 9 | | or her Illinois address of residence and is complicit in | 10 | | distributing and forwarding the Illinois driver's license | 11 | | or identification card to the out-of-state resident. | 12 | | (b) Upon such cancellation the licensee or permittee must | 13 | | surrender the
license or permit so cancelled to the Secretary | 14 | | of State.
| 15 | | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | 16 | | Secretary of State
shall have exclusive authority to grant, | 17 | | issue, deny, cancel, suspend and
revoke driving privileges, | 18 | | drivers' licenses and restricted driving permits.
| 19 | | (d) The Secretary of State may adopt rules to implement | 20 | | this Section.
| 21 | | (Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11; | 22 | | 97-813, eff. 7-13-12; 97-835, eff. 7-20-12; 98-176 (see Section | 23 | | 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the | 24 | | effective date of changes made by P.A. 98-176); 98-178, eff. | 25 | | 1-1-14; 98-747, eff. 1-1-15; 98-756, eff. 7-16-14.)
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| 1 | | (625 ILCS 5/6-401) (from Ch. 95 1/2, par. 6-401)
| 2 | | Sec. 6-401. Driver training schools-license required. | 3 | | (a) No person, firm,
association, partnership or | 4 | | corporation shall operate a
driver training school or engage in | 5 | | the business of giving instruction for
hire or for a fee in (1) | 6 | | the driving of motor vehicles; or (2) the preparation of
an | 7 | | applicant for examination given by the Secretary of State for a | 8 | | drivers
license or permit, unless a license therefor has been | 9 | | issued by the
Secretary.
No public schools or educational | 10 | | institutions shall contract with entities
engaged in the | 11 | | business of giving instruction for hire or for a fee in the
| 12 | | driving
of motor vehicles for the preparation of an applicant | 13 | | for examination given
by the Secretary of State for a driver's | 14 | | license or permit, unless a license
therefor has been issued by | 15 | | the Secretary.
| 16 | | This subsection (a) Section shall not apply to (i) public | 17 | | schools or to educational
institutions in which driving | 18 | | instruction is part of the curriculum, (ii)
employers giving | 19 | | instruction to their employees, or (iii) schools that teach | 20 | | enhanced driving skills to licensed drivers as set forth in | 21 | | Article X of Chapter 6 of this Code.
| 22 | | (b) Any person, firm, association, partnership, or | 23 | | corporation that violates subsection (a) of this Section shall | 24 | | be guilty of a Class A misdemeanor for a first offense and a | 25 | | Class 4 felony for a second or subsequent offense. | 26 | | (Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10; 97-229, |
| | | SB0675 Enrolled | - 20 - | LRB100 06005 AXK 16035 b |
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| 1 | | eff. 7-28-11.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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