Full Text of HB1463 94th General Assembly
HB1463 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1463
Introduced 2/10/2005, by Rep. Robert F. Flider SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/26-3a |
from Ch. 122, par. 26-3a |
625 ILCS 5/6-107 |
from Ch. 95 1/2, par. 6-107 |
625 ILCS 5/6-108 |
from Ch. 95 1/2, par. 6-108 |
625 ILCS 5/6-201 |
from Ch. 95 1/2, par. 6-201 |
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Amends the Illinois Vehicle Code and the School Code. Provides, beginning August 1, 2005,
with certain exceptions, for
the cancellation of or refusal to issue a driver's license for failure of an
unmarried person under 18 years of age to maintain school attendance.
Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB1463 |
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LRB094 08453 DRH 38658 b |
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| AN ACT concerning driver's licenses.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 26-3a as follows:
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| (105 ILCS 5/26-3a) (from Ch. 122, par. 26-3a)
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| Sec. 26-3a. Report of pupils no longer enrolled in school.
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| The clerk or secretary of the school board of all school | 9 |
| districts shall
furnish quarterly on the first school day of | 10 |
| October, January, April and
July to the regional superintendent | 11 |
| a list of pupils, excluding
transferees, who have been expelled | 12 |
| or have withdrawn or who have left
school and have been removed | 13 |
| from the regular attendance rolls during the
period of time | 14 |
| school was in regular session from the time of the previous
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| quarterly report. Such list shall include the names and | 16 |
| addresses of pupils
formerly in attendance, the names and | 17 |
| addresses of persons having custody
or control of such pupils, | 18 |
| the reason, if known, such pupils are no longer
in attendance | 19 |
| and the date of removal from the attendance rolls. The
regional | 20 |
| superintendent shall inform the county or district truant | 21 |
| officer
who shall investigate to see that such pupils are in | 22 |
| compliance with the
requirements of this Article.
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| Beginning on August 1, 2005, the clerk or secretary of the | 24 |
| school board of all school districts shall furnish on the first | 25 |
| school day of each month to the Secretary of State, on a form | 26 |
| prescribed by the Secretary, a list of pupils, excluding | 27 |
| transferees and pupils with extraordinary circumstances of | 28 |
| economic or medical necessity or family hardship as determined | 29 |
| by the local superintendent of schools, who during the month | 30 |
| covered by the report have been expelled or have withdrawn or | 31 |
| who have left school and have been removed from the regular | 32 |
| attendance rolls during the period of time school was in |
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| regular session. The list shall include the same information | 2 |
| contained in the quarterly list furnished for the use of the | 3 |
| regional superintendent.
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| In addition, the regional superintendent of schools of each | 5 |
| educational
service region shall report to the State Board of | 6 |
| Education, in January of
1992 and in January of each year | 7 |
| thereafter, the number and ages of
dropouts, as defined in | 8 |
| Section 26-2a, in his educational service region
during the | 9 |
| school year that ended in the immediately preceding calendar
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| year, together with any efforts, activities and programs | 11 |
| undertaken,
established, implemented or coordinated by the | 12 |
| regional superintendent of
schools that have been effective in | 13 |
| inducing dropouts to re-enroll in school.
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| (Source: P.A. 87-303.)
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| Section 10. The Illinois Vehicle Code is amended by | 16 |
| changing Sections 6-107, 6-108, and 6-201 as follows:
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| (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
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| Sec. 6-107. Graduated license.
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| (a) The purpose of the Graduated
Licensing Program is to | 20 |
| develop safe and mature driving habits in young,
inexperienced | 21 |
| drivers and reduce or prevent motor vehicle accidents,
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| fatalities,
and injuries by:
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| (1) providing for an increase in the time of practice | 24 |
| period before
granting
permission to obtain a driver's | 25 |
| license;
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| (2) strengthening driver licensing and testing | 27 |
| standards for persons under
the age of 21 years;
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| (3) sanctioning driving privileges of drivers under | 29 |
| age 21 who have
committed serious traffic violations or | 30 |
| other specified offenses; and
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| (4) setting stricter standards to promote the public's | 32 |
| health and
safety.
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| (b) The application of any person under
the age of 18 | 34 |
| years, and not legally emancipated by marriage, for a drivers
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| license or permit to operate a motor vehicle issued under the | 2 |
| laws of this
State, shall be accompanied by the written consent | 3 |
| of either parent of the
applicant; otherwise by the guardian | 4 |
| having custody of the applicant, or
in the event there is no | 5 |
| parent or guardian, then by another responsible adult.
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| No graduated driver's license shall be issued to any | 7 |
| applicant under 18
years
of age, unless the applicant is at | 8 |
| least 16 years of age and has:
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| (1) Held a valid instruction permit for a minimum of 3 | 10 |
| months.
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| (2) Passed an approved driver education course
and | 12 |
| submits proof of having passed the course as may
be | 13 |
| required.
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| (3) certification by the parent, legal guardian, or | 15 |
| responsible adult that
the applicant has had a minimum of | 16 |
| 25 hours of behind-the-wheel practice time
and is | 17 |
| sufficiently prepared and able to safely operate a motor | 18 |
| vehicle.
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| (b-1) Beginning August 1, 2005, no graduated
driver's | 20 |
| license shall be issued to any applicant who is under 18 years | 21 |
| of age
and not legally emancipated by marriage, unless the | 22 |
| applicant has graduated
from a secondary school of this State | 23 |
| or any other state, is enrolled in a
course leading to a | 24 |
| general educational development (GED) certificate, has
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| obtained a GED certificate, or is enrolled in an elementary or | 26 |
| secondary school or college or university
of this State or any | 27 |
| other state and submits proof of meeting any of those
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| requirements at the time of application.
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| (c) No graduated driver's license or permit shall be issued | 30 |
| to
any applicant under 18
years of age who has committed the | 31 |
| offense of operating a motor vehicle
without a valid license or | 32 |
| permit in violation of Section 6-101 of this Code
and no | 33 |
| graduated driver's
license or permit shall be issued to any | 34 |
| applicant under 18 years of age
who has committed an offense | 35 |
| that would otherwise result in a
mandatory revocation of a | 36 |
| license or permit as provided in Section 6-205 of
this Code or |
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| who has been either convicted of or adjudicated a delinquent | 2 |
| based
upon a violation of the Cannabis Control Act or the | 3 |
| Illinois Controlled
Substances Act, while that individual was | 4 |
| in actual physical control of a motor
vehicle. For purposes of | 5 |
| this Section, any person placed on probation under
Section 10 | 6 |
| of the Cannabis Control Act or Section 410 of the Illinois
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| Controlled Substances Act shall not be considered convicted. | 8 |
| Any person found
guilty of this offense, while in actual | 9 |
| physical control of a motor vehicle,
shall have an entry made | 10 |
| in the court record by the judge that this offense did
occur | 11 |
| while the person was in actual physical control of a motor | 12 |
| vehicle and
order the clerk of the court to report the | 13 |
| violation to the Secretary of State
as such.
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| (d) No graduated driver's license shall be issued for 6 | 15 |
| months to any
applicant
under
the
age of 18 years who has been | 16 |
| convicted of any offense defined as a serious
traffic violation | 17 |
| in this Code or
a similar provision of a local ordinance.
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| (e) No graduated driver's license holder under the age
of | 19 |
| 18 years shall operate any
motor vehicle, except a motor driven | 20 |
| cycle or motorcycle, with
more than one passenger in the front | 21 |
| seat of the motor vehicle
and no more passengers in the back | 22 |
| seats than the number of available seat
safety belts as set | 23 |
| forth in Section 12-603 of this Code.
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| (f) No graduated driver's license holder under the age of | 25 |
| 18 shall operate a
motor vehicle unless each driver and front | 26 |
| or back seat passenger under the
age of 18 is wearing a | 27 |
| properly adjusted and fastened seat safety belt.
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| (g) If a graduated driver's license holder is under the age | 29 |
| of 18 when he
or she receives the license, for the first 6 | 30 |
| months he or she holds the license
or
until he or she reaches | 31 |
| the age of 18, whichever occurs sooner, the graduated
license
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| holder may not operate a motor vehicle with more than one | 33 |
| passenger in the
vehicle
who is under the age of 20, unless any | 34 |
| additional passenger or passengers are
siblings, | 35 |
| step-siblings, children, or stepchildren of the driver.
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| (Source: P.A. 93-101, eff. 1-1-04; 93-788, eff. 1-1-05.)
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LRB094 08453 DRH 38658 b |
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| (625 ILCS 5/6-108) (from Ch. 95 1/2, par. 6-108)
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| Sec. 6-108. Cancellation of license issued to minor.
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| (a) The Secretary of State shall cancel the license or | 4 |
| permit of any minor
under the age of 18 years in any of the | 5 |
| following events:
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| 1. Upon the verified written request of the person who | 7 |
| consented to the
application of the minor that the license | 8 |
| or
permit be cancelled;
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| 2. Upon receipt of satisfactory evidence of the death | 10 |
| of the person who
consented to the application of the | 11 |
| minor;
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| 3. Upon receipt of satisfactory evidence that the | 13 |
| person who consented
to the application of a minor no | 14 |
| longer has legal custody of the
minor ;
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| 4. Beginning August 1, 2005, upon
receipt of | 16 |
| information, submitted on a form prescribed by the | 17 |
| Secretary of State
under Section 26-3a of the School Code | 18 |
| and provided voluntarily by
nonpublic schools, that a | 19 |
| license-holding minor no longer meets the school
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| attendance requirements defined in Section 6-107 of this | 21 |
| Act.
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| After cancellation, the Secretary of State shall not issue | 23 |
| a new
license or permit until the applicant meets the | 24 |
| provisions of Section
6-107 of this Code.
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| (b) The Secretary of State shall cancel the license or | 26 |
| permit of any
person under the age of 18 years if he or she is | 27 |
| convicted of violating
the Cannabis Control Act or the Illinois
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| Controlled Substances Act while that person was in actual | 29 |
| physical
control of a motor vehicle.
For purposes of this | 30 |
| Section, any person placed on probation under Section
10 of the | 31 |
| Cannabis Control Act or Section 410 of the Illinois Controlled
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| Substances Act shall not be considered convicted.
Any person | 33 |
| found guilty of this offense,
while in actual physical control | 34 |
| of a motor vehicle, shall have an entry
made in the court | 35 |
| record by the judge that this offense did occur
while the |
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| person was in actual physical control of a motor vehicle and
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| order the clerk of the court to report the violation to the | 3 |
| Secretary of
State as such. After the cancellation, the | 4 |
| Secretary of State
shall not issue a new license or permit for | 5 |
| a period of one year after the
date of cancellation or until | 6 |
| the minor attains the age of 18 years,
whichever is longer.
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| However, upon application, the Secretary of State
may, if | 8 |
| satisfied that the person applying will not endanger the public
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| safety, or welfare, issue a restricted driving permit granting | 10 |
| the
privilege of driving a motor vehicle between the person's | 11 |
| residence and
person's place of employment or within the scope | 12 |
| of the person's employment related
duties, or to allow | 13 |
| transportation for
the person or a household member of the | 14 |
| person's family for the receipt of
necessary medical care or, | 15 |
| if the professional evaluation indicates,
provide | 16 |
| transportation for the petitioner for alcohol remedial or
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| rehabilitative activity, or for the person to attend classes, | 18 |
| as a student,
in an accredited educational institution; if the | 19 |
| person is able to
demonstrate that no alternative means of | 20 |
| transportation is reasonably
available; provided that the | 21 |
| Secretary's discretion shall be limited to
cases where undue | 22 |
| hardship would result from a failure to issue such
restricted | 23 |
| driving permit. In each case the Secretary of State may issue
a | 24 |
| restricted driving permit for a period as he
deems appropriate,
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| except that the permit shall expire within one year from the | 26 |
| date of
issuance. A restricted driving permit issued hereunder | 27 |
| shall be subject to
cancellation, revocation, and suspension by | 28 |
| the Secretary of State in like
manner and for like cause as a | 29 |
| driver's license issued hereunder may be
cancelled, revoked, or | 30 |
| suspended; except that a conviction upon one or more
offenses | 31 |
| against laws or ordinances regulating the movement of traffic
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| shall be deemed sufficient cause for the revocation, | 33 |
| suspension, or
cancellation of a restricted driving permit. The | 34 |
| Secretary of State may,
as a condition to the issuance of a | 35 |
| restricted driving permit, require the
applicant to | 36 |
| participate in a driver remedial or rehabilitative
program.
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LRB094 08453 DRH 38658 b |
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| Thereafter, upon reapplication for a license as
provided in | 2 |
| Section 6-106 of this Code or a permit as provided in Section
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| 6-105 of this Code and upon payment of the appropriate | 4 |
| application fee, the
Secretary of State shall issue the | 5 |
| applicant a license as provided in Section
6-106 of this Code | 6 |
| or shall issue the applicant a permit as provided in Section | 7 |
| 6-105.
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| (Source: P.A. 86-1450; 87-1114.)
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| (625 ILCS 5/6-201) (from Ch. 95 1/2, par. 6-201)
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| Sec. 6-201. Authority to cancel licenses and permits.
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| (a) The Secretary of State is authorized to cancel any | 12 |
| license or permit
upon determining that the holder thereof:
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| 1. was not entitled to the issuance thereof hereunder; | 14 |
| or
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| 2. failed to give the required or correct information | 16 |
| in his
application; or
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| 3. failed to pay any fees, civil penalties owed to the | 18 |
| Illinois Commerce
Commission, or taxes due under this Act | 19 |
| and upon reasonable notice and demand;
or
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| 4. committed any fraud in the making of such | 21 |
| application; or
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| 5. is ineligible therefor under the provisions of | 23 |
| Section 6-103 of this
Act, as amended; or
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| 6. has refused or neglected to submit an alcohol, drug, | 25 |
| and
intoxicating compound evaluation or to
submit to | 26 |
| examination or re-examination as required under this Act; | 27 |
| or
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| 7. has been convicted of violating the Cannabis Control | 29 |
| Act,
the
Illinois Controlled Substances Act, or the Use of | 30 |
| Intoxicating Compounds
Act while that individual was in | 31 |
| actual physical
control of a motor vehicle. For purposes of | 32 |
| this Section, any person placed on
probation under Section | 33 |
| 10 of the Cannabis Control Act or Section 410 of the
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| Illinois Controlled Substances Act shall not be considered | 35 |
| convicted. Any
person found guilty of this offense, while |
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| in actual physical control of a
motor vehicle, shall have | 2 |
| an entry made in the court record by the
judge that this | 3 |
| offense did occur while the person was in actual
physical | 4 |
| control of a motor vehicle and order the clerk of the court | 5 |
| to report
the violation to the Secretary of State as such. | 6 |
| After the cancellation, the
Secretary of State shall not | 7 |
| issue a new license or permit for a period of one
year | 8 |
| after the date of cancellation. However, upon application, | 9 |
| the Secretary
of State may, if satisfied that the person | 10 |
| applying will not endanger the
public safety, or welfare, | 11 |
| issue a restricted driving permit granting the
privilege of | 12 |
| driving a motor vehicle between the person's residence and
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| person's place of employment or within the scope of the | 14 |
| person's employment
related duties, or to allow | 15 |
| transportation for
the person or a household member of the | 16 |
| person's family for the receipt of
necessary medical care | 17 |
| or, if the professional evaluation indicates,
provide | 18 |
| transportation for the petitioner for alcohol remedial or
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| rehabilitative activity, or for the person to attend | 20 |
| classes, as a student,
in an accredited educational | 21 |
| institution; if the person is able to
demonstrate that no | 22 |
| alternative means of transportation is reasonably
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| available; provided that the Secretary's discretion shall | 24 |
| be limited to
cases where undue hardship would result from | 25 |
| a failure to issue such
restricted driving permit. In each | 26 |
| case the Secretary of State may issue
such restricted | 27 |
| driving permit for such period as he deems appropriate,
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| except that such permit shall expire within one year from | 29 |
| the date of
issuance. A restricted driving permit issued | 30 |
| hereunder shall be subject to
cancellation, revocation and | 31 |
| suspension by the Secretary of State in like
manner and for | 32 |
| like cause as a driver's license issued hereunder may be
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| cancelled, revoked or suspended; except that a conviction | 34 |
| upon one or more
offenses against laws or ordinances | 35 |
| regulating the movement of traffic
shall be deemed | 36 |
| sufficient cause for the revocation, suspension or
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HB1463 |
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LRB094 08453 DRH 38658 b |
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| cancellation of a restricted driving permit. The Secretary | 2 |
| of State may,
as a condition to the issuance of a | 3 |
| restricted driving permit, require the
applicant to | 4 |
| participate in a driver remedial or rehabilitative
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| program; or
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| 8. failed to submit a report as required by Section | 7 |
| 6-116.5 of this
Code ; or
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| 9. is ineligible for a license or permit under Section | 9 |
| 6-107 or
6-108 of this Code.
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| (b) Upon such cancellation the licensee or permittee must | 11 |
| surrender the
license or permit so cancelled to the Secretary | 12 |
| of State.
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| (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | 14 |
| Secretary of State
shall have exclusive authority to grant, | 15 |
| issue, deny, cancel, suspend and
revoke driving privileges, | 16 |
| drivers' licenses and restricted driving permits.
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| (Source: P.A. 89-92, eff. 7-1-96;
89-584, eff. 7-31-96; 90-779, | 18 |
| eff. 1-1-99.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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