|
||||
Public Act 095-0855 |
||||
| ||||
| ||||
AN ACT concerning transportation.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 6-118 and 6-206.1 as follows:
| ||||
(625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
| ||||
Sec. 6-118. Fees.
| ||||
(a) The fee for licenses and permits under this
Article is | ||||
as follows:
| ||||
Original driver's license ............................$10
| ||||
Original or renewal driver's license
| ||||
issued to 18, 19 and 20 year olds ..................5
| ||||
All driver's licenses for persons
| ||||
age 69 through age 80 ..............................5
| ||||
All driver's licenses for persons
| ||||
age 81 through age 86 ..............................2
| ||||
All driver's licenses for persons
| ||||
age 87 or older ....................................0
| ||||
Renewal driver's license (except for
| ||||
applicants ages 18, 19 and 20 or
| ||||
age 69 and older) .................................10
| ||||
Original instruction permit issued to
| ||||
persons (except those age 69 and older)
|
who do not hold or have not previously
| ||
held an Illinois instruction permit or
| ||
driver's license ..................................20
| ||
Instruction permit issued to any person
| ||
holding an Illinois driver's license
| ||
who wishes a change in classifications,
| ||
other than at the time of renewal ..................5
| ||
Any instruction permit issued to a person
| ||
age 69 and older ...................................5
| ||
Instruction permit issued to any person,
| ||
under age 69, not currently holding a
| ||
valid Illinois driver's license or
| ||
instruction permit but who has
| ||
previously been issued either document
| ||
in Illinois .......................................10
| ||
Restricted driving permit ..............................8
| ||
Monitoring device driving permit .......................8 | ||
Duplicate or corrected driver's license
| ||
or permit ..........................................5
| ||
Duplicate or corrected restricted
| ||
driving permit .....................................5
| ||
Duplicate or corrected monitoring | ||
device driving permit ...................................5 | ||
Original or renewal M or L endorsement .................5
| ||
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
| ||
The fees for commercial driver licenses and permits |
under Article V
shall be as follows:
| ||
Commercial driver's license:
| ||
$6 for the CDLIS/AAMVAnet Fund
| ||
(Commercial Driver's License Information
| ||
System/American Association of Motor Vehicle
| ||
Administrators network Trust Fund);
| ||
$20 for the Motor Carrier Safety Inspection Fund;
| ||
$10 for the driver's license;
| ||
and $24 for the CDL: .............................$60
| ||
Renewal commercial driver's license:
| ||
$6 for the CDLIS/AAMVAnet Trust Fund;
| ||
$20 for the Motor Carrier Safety Inspection Fund;
| ||
$10 for the driver's license; and
| ||
$24 for the CDL: .................................$60
| ||
Commercial driver instruction permit
| ||
issued to any person holding a valid
| ||
Illinois driver's license for the
| ||
purpose of changing to a
| ||
CDL classification: $6 for the
| ||
CDLIS/AAMVAnet Trust Fund;
| ||
$20 for the Motor Carrier
| ||
Safety Inspection Fund; and
| ||
$24 for the CDL classification ...................$50
| ||
Commercial driver instruction permit
| ||
issued to any person holding a valid
| ||
Illinois CDL for the purpose of
|
making a change in a classification,
| ||
endorsement or restriction ........................$5
| ||
CDL duplicate or corrected license ....................$5
| ||
In order to ensure the proper implementation of the Uniform | ||
Commercial
Driver License Act, Article V of this Chapter, the | ||
Secretary of State is
empowered to pro-rate the $24 fee for the | ||
commercial driver's license
proportionate to the expiration | ||
date of the applicant's Illinois driver's
license.
| ||
The fee for any duplicate license or permit shall be waived | ||
for any
person age 60 or older who presents the Secretary of | ||
State's office with a
police report showing that his license or | ||
permit was stolen.
| ||
No additional fee shall be charged for a driver's license, | ||
or for a
commercial driver's license, when issued
to the holder | ||
of an instruction permit for the same classification or
type of | ||
license who becomes eligible for such
license.
| ||
(b) Any person whose license or privilege to operate a | ||
motor vehicle
in this State has been suspended or revoked under | ||
Section 3-707, any
provision of
Chapter 6, Chapter 11, or | ||
Section 7-205, 7-303, or 7-702 of the Family
Financial
| ||
Responsibility Law of this Code, shall in addition to any other
| ||
fees required by this Code, pay a reinstatement fee as follows:
| ||
Suspension under Section 3-707 .....................
$100
| ||
Summary suspension under Section 11-501.1 ...........$250
| ||
Other suspension .....................................$70
| ||
Revocation ..........................................$500
|
However, any person whose license or privilege to operate a | ||
motor vehicle
in this State has been suspended or revoked for a | ||
second or subsequent time
for a violation of Section 11-501 or | ||
11-501.1
of this Code or a similar provision of a local | ||
ordinance
or a similar out-of-state offense
or Section 9-3 of | ||
the Criminal Code of 1961
and each suspension or revocation was | ||
for a violation of Section 11-501 or
11-501.1 of this Code or a | ||
similar provision of a local ordinance
or a similar | ||
out-of-state offense
or Section
9-3 of the Criminal Code of | ||
1961
shall pay, in addition to any other
fees required by this | ||
Code, a
reinstatement
fee as follows:
| ||
Summary suspension under Section 11-501.1 ...........$500
| ||
Revocation ..........................................$500
| ||
(c) All fees collected under the provisions of this Chapter | ||
6 shall be
paid into the Road Fund in the State Treasury except | ||
as follows:
| ||
1. The following amounts shall be paid into the Driver | ||
Education Fund:
| ||
(A) $16 of the $20
fee for an original driver's | ||
instruction permit;
| ||
(B) $5 of the $10 fee for an original driver's | ||
license;
| ||
(C) $5 of the $10 fee for a 4 year renewal driver's | ||
license;
and
| ||
(D) $4 of the $8 fee for a restricted driving | ||
permit ; and .
|
(E) $4 of the $8 fee for a monitoring device | ||
driving permit.
| ||
2. $30 of the $250 fee for reinstatement of a
license
| ||
summarily suspended under Section 11-501.1 shall be | ||
deposited into the
Drunk and Drugged Driving Prevention | ||
Fund.
However, for a person whose license or privilege to | ||
operate a motor vehicle
in this State has been suspended or | ||
revoked for a second or subsequent time for
a violation of | ||
Section 11-501 or 11-501.1 of this Code or Section 9-3 of | ||
the
Criminal Code of 1961,
$190 of the $500 fee for | ||
reinstatement of a license summarily
suspended under
| ||
Section 11-501.1,
and $190 of the $500 fee for | ||
reinstatement of a revoked license
shall be deposited into | ||
the Drunk and Drugged Driving Prevention Fund.
| ||
3. $6 of such original or renewal fee for a commercial | ||
driver's
license and $6 of the commercial driver | ||
instruction permit fee when such
permit is issued to any | ||
person holding a valid Illinois driver's license,
shall be | ||
paid into the CDLIS/AAMVAnet Trust Fund.
| ||
4. $30 of the $70 fee for reinstatement of a license | ||
suspended
under the
Family
Financial Responsibility Law | ||
shall be paid into the Family Responsibility
Fund.
| ||
5. The $5 fee for each original or renewal M or L | ||
endorsement shall be
deposited into the Cycle Rider Safety | ||
Training Fund.
| ||
6. $20 of any original or renewal fee for a commercial |
driver's
license or commercial driver instruction permit | ||
shall be paid into the Motor
Carrier Safety Inspection | ||
Fund.
| ||
7. The following amounts shall be paid into the General | ||
Revenue Fund:
| ||
(A) $190 of the $250 reinstatement fee for a | ||
summary suspension under
Section 11-501.1;
| ||
(B) $40 of the $70 reinstatement fee for any other | ||
suspension provided
in subsection (b) of this Section; | ||
and
| ||
(C) $440 of the $500 reinstatement fee for a first | ||
offense revocation
and $310 of the $500 reinstatement | ||
fee for a second or subsequent revocation.
| ||
(Source: P.A. 93-32, eff. 1-1-04; 93-788, eff. 1-1-05; 94-1035, | ||
eff. 7-1-07 .)
| ||
(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
| ||
Sec. 6-206.1. Monitoring Device Driving Permit. | ||
Declaration of Policy. It is hereby declared a policy of the
| ||
State of Illinois that the driver who is impaired by alcohol, | ||
other drug or
drugs, or intoxicating compound or compounds is a
| ||
threat to the public safety and welfare. Therefore, to
provide | ||
a deterrent to such practice and to remove problem drivers from
| ||
the highway , a statutory summary driver's license suspension is | ||
appropriate.
It is also recognized that driving is a privilege | ||
and therefore, that the granting of driving privileges, in a |
manner consistent with public
safety, is warranted during the | ||
period of suspension in the form of a monitoring device driving | ||
permit. A person who drives and fails to comply with the | ||
requirements of the monitoring device driving permit commits a | ||
violation of Section 6-303 of this Code.
| ||
The following procedures shall apply whenever
a first | ||
offender is arrested for any offense as defined in Section | ||
11-501
or a similar provision of a local ordinance:
| ||
(a) Subsequent to a notification of a statutory summary | ||
suspension of
driving privileges as provided in Section | ||
11-501.1, the court, after informing the first offender, as | ||
defined in Section 11-500, of his or her right to a monitoring | ||
device driving permit, hereinafter referred to as a MDDP, and | ||
of the obligations of the MDDP, shall enter an order directing | ||
the Secretary of State (hereinafter referred to as the | ||
Secretary) to issue a MDDP to the offender, unless the offender | ||
has opted, in writing, not to have a MDDP issued. After opting | ||
out of having a MDDP issued, at any time during the summary | ||
suspension, the offender may petition the court for an order | ||
directing the Secretary to issue a MDDP. However, the court | ||
shall not enter the order directing the Secretary of State to | ||
issue the MDDP, in any instance, if the court finds:
| ||
(1) The offender's driver's license is otherwise | ||
invalid; | ||
(2) Death or great bodily harm resulted from the arrest | ||
for Section 11-501; |
(3) That the offender has been previously convicted of | ||
reckless homicide or aggravated driving under the | ||
influence involving death ; or | ||
(4) That the offender is less than 18 years of age. | ||
Any court order for a MDDP shall order the person to pay | ||
the Secretary of State a MDDP Administration Fee in an amount | ||
not to exceed $30 per month , to be deposited into the | ||
Monitoring Device Driving Permit Administration Fee Fund . The | ||
Secretary shall establish by rule the amount and the | ||
procedures, terms, and conditions relating to these fees. The | ||
order shall further specify that the offender must have an | ||
ignition interlock device installed within 14 days of the date | ||
the Secretary issues the MDDP , and shall specify the vehicle in | ||
which the device is to be installed . The ignition interlock | ||
device provider must notify the Secretary, in a manner and form | ||
prescribed by the Secretary, of the installation. If the | ||
Secretary does not receive notice of installation, the | ||
Secretary shall cancel the MDDP.
| ||
A MDDP shall not become effective prior to the 31st
day of the | ||
original statutory summary suspension.
| ||
(a-1) A person issued a MDDP may drive for any purpose and | ||
at any time, subject to the rules adopted by the Secretary of | ||
State under subsection (g). The person must, at his or her own | ||
expense, drive only vehicles equipped with an ignition | ||
interlock device as defined in Section 1-129.1, but in no event | ||
shall such person drive a commercial motor vehicle. |
(a-2) Persons who are issued a MDDP and must drive | ||
employer-owned vehicles in the course of their employment | ||
duties may seek permission from the court to drive an | ||
employer-owned vehicle that does not have an ignition interlock | ||
device. The employer employee shall provide to the Secretary | ||
court a form, as prescribed by the Secretary of State , | ||
completed by the employer verifying that the employee must | ||
drive an employer-owned vehicle in the course of employment. If | ||
approved by the Secretary court , the form must be file stamped | ||
and must be in the driver's possession while operating an | ||
employer-owner vehicle not equipped with an ignition interlock | ||
device. No person may use this exemption to drive a school bus, | ||
school vehicle, or a vehicle designed to transport more than 15 | ||
passengers. No person may use this exemption to drive an | ||
employer-owned motor vehicle that is owned by an entity that is | ||
wholly or partially owned by the person holding the MDDP, or by | ||
a family member of the person holding the MDDP. No person may | ||
use this exemption to drive an employer-owned vehicle that is | ||
made available to the employee for personal use. No person may | ||
drive the exempted vehicle more than 12 hours per day, 6 days | ||
per week.
| ||
(b) (Blank).
| ||
(c) (Blank).
| ||
(c-1) If the holder of the MDDP is convicted of or receives | ||
court supervision for a violation of Section 6-206.2, 6-303, | ||
11-204, 11-401, 11-501, 11-503, 11-506 or a similar provision |
of a local ordinance or a similar out-of-state offense or is | ||
convicted of or receives court supervision for any offense for | ||
which alcohol or drugs is an element of the offense and in | ||
which a motor vehicle was involved (for an arrest other than | ||
the one for which the MDDP is issued), or de-installs the BAIID | ||
without prior authorization from the Secretary, the MDDP shall | ||
be cancelled. If the person is issued a citation for a | ||
violation of Section 6-303 or a violation of Section 11-501 or | ||
a similar provision of a local ordinance or a similar out of | ||
state offense during the term of the MDDP, the officer issuing | ||
the citation, or the law enforcement agency employing that | ||
officer, shall confiscate the MDDP and immediately send the | ||
MDDP and notice of the citation to the court that ordered the | ||
issuance of the MDDP. Within 10 days of receipt, the issuing | ||
court, upon notice to the person, shall conduct a hearing to | ||
consider cancellation of the MDDP. If the court enters an order | ||
of cancellation, the court shall forward the order to the | ||
Secretary of State, and the Secretary shall cancel the MDDP and | ||
notify the person of the cancellation. If, however, the person | ||
is convicted of the offense before the MDDP has been cancelled, | ||
the court of venue shall send notice of conviction to the court | ||
that ordered issuance of the MDDP. The court receiving the | ||
notice shall immediately enter an order of cancellation and | ||
forward the order to the Secretary of State. The Secretary | ||
shall cancel the MDDP and notify the person of the | ||
cancellation. |
If the person is issued a citation for any other traffic | ||
related offense during the term of the MDDP, the officer | ||
issuing the citation, or the law enforcement agency employing | ||
that officer, shall send notice of the citation to the court | ||
that ordered issuance of the MDDP. Upon receipt and notice to | ||
the person and an opportunity for a hearing, the court shall | ||
determine whether the violation constitutes grounds for | ||
cancellation of the MDDP. If the court enters an order of | ||
cancellation, the court shall forward the order to the | ||
Secretary of State, and the Secretary shall cancel the MDDP and | ||
shall notify the person of the cancellation.
| ||
(c-5) If the court determines that the person seeking the | ||
MDDP is indigent, the court shall provide the person with a | ||
written document, in a form prescribed by the Secretary of | ||
State , as evidence of that determination, and the person shall | ||
provide that written document to an ignition interlock device | ||
provider. The provider shall install an ignition interlock | ||
device on that person's vehicle without charge to the person, | ||
and seek reimbursement from the Indigent BAIID Fund.
If the | ||
court has deemed an offender indigent, the BAIID provider shall | ||
also provide the normal monthly monitoring services and the | ||
de-installation without charge to the offender and seek | ||
reimbursement from the Indigent BAIID Fund. Any other monetary | ||
charges, such as a lockout fee or reset fee, shall be the | ||
responsibility of the MDDP holder. A BAIID provider may not | ||
seek a security deposit from the Indigent BAIID Fund. The court |
shall also forward a copy of the indigent determination to the | ||
Secretary, in a manner and form as prescribed by the Secretary. | ||
(d) The Secretary of State shall, upon receiving a court | ||
order
from the court of venue , issue a MDDP to a person who | ||
applies for a MDDP under this
Section. Such court order form | ||
shall also contain a notification, which
shall be sent to the | ||
Secretary of State, providing the name, driver's
license | ||
number , and legal address of the applicant. This information
| ||
shall be available only to the courts, police officers, and the | ||
Secretary
of State , except during the actual period the MDDP is | ||
valid, during which
time it shall be a public record. The | ||
Secretary of State shall design and
furnish to the courts an | ||
official court order form to be used by the courts
when | ||
directing the Secretary of State to issue a MDDP.
| ||
Any submitted court order that contains insufficient data | ||
or fails to
comply with this Code shall not be utilized for | ||
MDDP issuance or entered to
the driver record but shall be | ||
returned to the issuing court indicating why
the MDDP cannot be | ||
so entered. A notice of this action shall also be sent
to the | ||
MDDP applicant by the Secretary of State .
| ||
(e) (Blank).
| ||
(f) (Blank).
| ||
(g) The Secretary of State shall adopt rules for | ||
implementing this Section. The rules adopted shall address | ||
issues including, but not limited to: compliance with the | ||
requirements of the MDDP; methods for determining compliance |
with those requirements; the consequences of noncompliance | ||
with those requirements; what constitutes a violation of the | ||
MDDP; and the duties of a person or entity that supplies the | ||
ignition interlock device. | ||
(h) The rules adopted under subsection (g) shall provide, | ||
at a minimum, that the person is not in compliance with the | ||
requirements of the MDDP if he or she: | ||
(1) tampers or attempts to tamper with or circumvent | ||
the proper operation of the ignition interlock device; | ||
(2) provides valid breath samples that register blood | ||
alcohol levels in excess of the number of times allowed | ||
under the rules; | ||
(3) fails to provide evidence sufficient to satisfy the | ||
Secretary that the ignition interlock device has been | ||
installed in the designated vehicle or vehicles; or | ||
(4) fails to follow any other applicable rules adopted | ||
by the Secretary. | ||
(i) Any person or entity that supplies an ignition | ||
interlock device as provided under this Section shall, in | ||
addition to supplying only those devices which fully comply | ||
with all the rules adopted under subsection (g), provide the | ||
Secretary, within 7 days of inspection, all monitoring reports | ||
of each person who has had an ignition interlock device | ||
installed. These reports shall be furnished in a manner or form | ||
as prescribed by the Secretary. | ||
(j) Upon making a determination that a violation of the |
requirements of the MDDP has occurred, the Secretary shall | ||
extend the summary suspension period for an additional 3 months | ||
beyond the originally imposed summary suspension period, | ||
during which time the person shall only be allowed to drive | ||
vehicles equipped with an ignition interlock device; provided | ||
further there are no limitations on the total number of times | ||
the summary suspension may be extended. The Secretary may, | ||
however, limit the number of extensions imposed for violations | ||
occurring during any one monitoring period, as set forth by | ||
rule. Any person whose summary suspension is extended pursuant | ||
to this Section shall have the right to contest the extension | ||
through a an administrative hearing with the Secretary , | ||
pursuant to Section 2-118 of this Code . If the summary | ||
suspension has already terminated prior to the Secretary | ||
receiving the monitoring report that shows a violation, the | ||
Secretary shall be authorized to suspend the person's driving | ||
privileges for 3 months , provided that the Secretary may, by | ||
rule, limit the number of suspensions to be entered pursuant to | ||
this paragraph for violations occurring during any one | ||
monitoring period. Any person whose license is suspended | ||
pursuant to this paragraph, after the summary suspension had | ||
already terminated, shall have the right to contest the | ||
suspension through a hearing with the Secretary, pursuant to | ||
Section 2-118 of this Code . The only permit the person shall be | ||
eligible for during this new suspension period is a MDDP. | ||
(k) A person who has had his or her summary suspension |
extended for the third time , or has any combination of 3 | ||
extensions and new suspensions, entered as a result of a | ||
violation that occurred while holding the MDDP, so long as the | ||
extensions and new suspensions relate to the same summary | ||
suspension, shall have his or her vehicle impounded for a | ||
period of 30 days, at the person's own expense. A person who | ||
has his or her summary suspension extended for the fourth time , | ||
or has any combination of 4 extensions and new suspensions, | ||
entered as a result of a violation that occurred while holding | ||
the MDDP, so long as the extensions and new suspensions relate | ||
to the same summary suspension, shall have his or her vehicle | ||
subject to seizure and forfeiture. The Secretary shall notify | ||
the prosecuting authority of any third or fourth extensions or | ||
new suspension entered as a result of a violation that occurred | ||
while the person held a MDDP . Upon receipt of the notification, | ||
the prosecuting authority shall impound or forfeit the vehicle. | ||
(l) A person whose driving privileges have been suspended | ||
under Section 11-501.1 of this Code and who had a MDDP that was | ||
cancelled pursuant to subsection (c-1) of this Section, shall | ||
not be eligible for reinstatement when the summary suspension | ||
is scheduled to terminate, but instead shall be eligible only | ||
to apply for a restricted driving permit. If a restricted | ||
driving permit is granted, the offender may only operate | ||
vehicles equipped with an ignition interlock device, for a | ||
period of not less than twice the original summary suspension | ||
period , or for the length of any extensions entered under |
subsection (j), whichever is longer . | ||
(m) Any person or entity that supplies an ignition | ||
interlock device under this Section shall, for each ignition | ||
interlock device installed, pay 5% of the total gross revenue | ||
received for the device , including monthly monitoring fees, | ||
into the Indigent BAIID Fund. This 5% shall be clearly | ||
indicated as a separate surcharge on each invoice that is | ||
issued. The Secretary shall conduct an annual review of the | ||
fund to determine whether the surcharge is sufficient to | ||
provide for indigent users. The Secretary may increase or | ||
decrease this surcharge requirement as needed. | ||
(n) Any person or entity that supplies an ignition | ||
interlock device under this Section that is requested to | ||
provide an ignition interlock device to a person who presents | ||
written documentation of indigency from the court, as provided | ||
in subsection (c-5) of this Section, shall install the device | ||
on the person's vehicle without charge to the person and shall | ||
seek reimbursement from the Indigent BAIID Fund. | ||
(o) The Indigent BAIID Fund is created as a special fund in | ||
the State treasury. The Secretary of State shall, subject to | ||
appropriation by the General Assembly, use all money in the | ||
Indigent BAIID Fund to reimburse ignition interlock device | ||
providers who have installed devices in vehicles of indigent | ||
persons pursuant to court orders issued under this Section. The | ||
Secretary shall make payments to such providers every 3 months. | ||
If the amount of money in the fund at the time payments are |
made is not sufficient to pay all requests for reimbursement | ||
submitted during that 3 month period, the Secretary shall make | ||
payments on a pro-rata basis, and those payments shall be | ||
considered payment in full for the requests submitted. | ||
(p) The Monitoring Device Driving Permit Administration | ||
Fee Fund is created as a special fund in the State treasury. | ||
The Secretary of State shall, subject to appropriation by the | ||
General Assembly, use the money paid into this fund to offset | ||
its administrative costs for administering MDDPs.
| ||
(Source: P.A. 94-307, eff. 9-30-05; 94-357, eff. 1-1-06; | ||
94-930, eff. 6-26-06; 95-400, eff. 1-1-09; 95-578, eff. 1-1-09; | ||
revised 11-16-07.)
| ||
Section 99. Effective date. This Act takes effect January | ||
1, 2009.
|