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1 | AN ACT concerning transportation.
| ||||||
2 | WHEREAS, This amendatory Act of the 95th General Assembly | ||||||
3 | may be referred to as the Roadway Safety and Mandatory | ||||||
4 | Insurance Coverage Act of 2007; therefore | ||||||
5 | Be it enacted by the People of the State of Illinois,
| ||||||
6 | represented in the General Assembly:
| ||||||
7 | Section 5. The State Finance Act is amended by adding | ||||||
8 | Section 5.675 as follows: | ||||||
9 | (30 ILCS 105/5.675 new) | ||||||
10 | Sec. 5.675. The Secretary of State Driver's Certificate | ||||||
11 | Fund. | ||||||
12 | Section 10. The Illinois Vehicle Code is amended by | ||||||
13 | changing Sections 2-119, 6-106, 6-118, and 6-205 and by adding | ||||||
14 | Section 6-107.5 as follows:
| ||||||
15 | (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
| ||||||
16 | Sec. 2-119. Disposition of fees and taxes.
| ||||||
17 | (a) All moneys received from Salvage Certificates shall be | ||||||
18 | deposited in
the Common School Fund in the State Treasury.
| ||||||
19 | (b) Beginning January 1, 1990 and concluding December 31, | ||||||
20 | 1994, of the
money collected for each certificate of title, |
| |||||||
| |||||||
1 | duplicate certificate of
title and corrected certificate of | ||||||
2 | title, $0.50 shall be deposited into the
Used Tire Management | ||||||
3 | Fund. Beginning January 1, 1990 and concluding
December 31, | ||||||
4 | 1994, of the money collected for each certificate of title,
| ||||||
5 | duplicate certificate of title and corrected certificate of | ||||||
6 | title, $1.50
shall be deposited in the Park and Conservation | ||||||
7 | Fund.
| ||||||
8 | Beginning January 1, 1995, of the money collected for each | ||||||
9 | certificate of
title, duplicate certificate of title and | ||||||
10 | corrected certificate of title, $2
shall be deposited in the | ||||||
11 | Park and Conservation Fund. The moneys deposited in
the Park | ||||||
12 | and Conservation Fund pursuant to this Section shall be used | ||||||
13 | for the
acquisition and development of bike paths as provided | ||||||
14 | for in Section 805-420 of
the Department of Natural Resources | ||||||
15 | (Conservation) Law (20 ILCS 805/805-420).
| ||||||
16 | Beginning January 1, 2000, of
the
moneys collected for each | ||||||
17 | certificate of title, duplicate certificate of title,
and | ||||||
18 | corrected certificate of title, $48 shall be deposited into the | ||||||
19 | Road Fund
and $4 shall be deposited into the Motor Vehicle | ||||||
20 | License Plate Fund, except
that if the balance in the Motor | ||||||
21 | Vehicle License Plate Fund exceeds $40,000,000
on the last day | ||||||
22 | of a calendar month, then during the next calendar month the $4
| ||||||
23 | shall instead be deposited into the Road Fund.
| ||||||
24 | Beginning January 1, 2005, of the moneys collected for each | ||||||
25 | delinquent vehicle registration renewal fee, $20 shall be | ||||||
26 | deposited into the General Revenue Fund. |
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| |||||||
1 | Except as otherwise provided in this Code, all remaining | ||||||
2 | moneys collected
for certificates of title, and all moneys | ||||||
3 | collected for filing of security
interests, shall be placed in | ||||||
4 | the General Revenue Fund in the State Treasury.
| ||||||
5 | (c) All moneys collected for that portion of a driver's | ||||||
6 | license fee
designated for driver education under Section 6-118 | ||||||
7 | shall be placed in
the Driver Education Fund in the State | ||||||
8 | Treasury.
| ||||||
9 | (d) Beginning January 1, 1999, of the monies collected as a | ||||||
10 | registration
fee for each motorcycle, motor driven cycle and | ||||||
11 | motorized pedalcycle, 27%
of each annual registration fee for | ||||||
12 | such vehicle and 27% of each semiannual
registration fee for | ||||||
13 | such vehicle is deposited in the Cycle Rider Safety
Training | ||||||
14 | Fund.
| ||||||
15 | (e) Of the monies received by the Secretary of State as | ||||||
16 | registration
fees or taxes or as payment of any other fee, as | ||||||
17 | provided in this Act, except
fees received by the Secretary | ||||||
18 | under paragraph (7) of subsection (b) of Section
5-101 and | ||||||
19 | Section 5-109 of this Code, 37% shall be deposited into the | ||||||
20 | State
Construction Fund.
| ||||||
21 | (f) Of the total money collected for a CDL instruction | ||||||
22 | permit or
original or renewal issuance of a commercial driver's | ||||||
23 | license (CDL)
pursuant to the Uniform Commercial Driver's | ||||||
24 | License Act (UCDLA): (i) $6 of the
total fee for an original or | ||||||
25 | renewal CDL, and $6 of the total CDL
instruction permit fee | ||||||
26 | when such permit is issued to any person holding a
valid |
| |||||||
| |||||||
1 | Illinois driver's license, shall be paid into the | ||||||
2 | CDLIS/AAMVAnet
Trust Fund (Commercial Driver's License | ||||||
3 | Information System/American
Association of Motor Vehicle | ||||||
4 | Administrators network Trust Fund) and shall
be used for the | ||||||
5 | purposes provided in Section 6z-23 of the State Finance Act
and | ||||||
6 | (ii) $20 of the total fee for an original or renewal CDL or | ||||||
7 | commercial
driver instruction permit shall be paid
into the | ||||||
8 | Motor Carrier Safety Inspection Fund, which is hereby created | ||||||
9 | as a
special fund in the State Treasury, to be used by
the | ||||||
10 | Department
of State Police, subject to appropriation, to hire | ||||||
11 | additional officers to
conduct motor carrier safety
| ||||||
12 | inspections
pursuant to Chapter 18b of this Code.
| ||||||
13 | (g) All remaining moneys received by the Secretary of State | ||||||
14 | as
registration fees or taxes or as payment of any other fee, | ||||||
15 | as provided in
this Act, except fees received by the Secretary | ||||||
16 | under paragraph (7)(A) of
subsection (b) of Section 5-101 and | ||||||
17 | Section 5-109 of this Code,
shall be deposited in the Road Fund | ||||||
18 | in the State Treasury. Moneys
in the Road Fund shall be used | ||||||
19 | for the purposes provided in
Section 8.3 of the State Finance | ||||||
20 | Act.
| ||||||
21 | (h) (Blank).
| ||||||
22 | (i) (Blank).
| ||||||
23 | (j) (Blank).
| ||||||
24 | (k) There is created in the State Treasury a special fund | ||||||
25 | to be known as
the Secretary of State Special License Plate | ||||||
26 | Fund. Money deposited into the
Fund shall, subject to |
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| |||||||
1 | appropriation, be used by the Office of the Secretary
of State | ||||||
2 | (i) to help defray plate manufacturing and plate processing | ||||||
3 | costs
for the issuance and, when applicable, renewal of any new | ||||||
4 | or existing
registration plates authorized under this Code and | ||||||
5 | (ii) for grants made by the
Secretary of State to benefit | ||||||
6 | Illinois Veterans Home libraries.
| ||||||
7 | On or before October 1, 1995, the Secretary of State shall | ||||||
8 | direct the
State Comptroller and State Treasurer to transfer | ||||||
9 | any unexpended balance in
the Special Environmental License | ||||||
10 | Plate Fund, the Special Korean War Veteran
License Plate Fund, | ||||||
11 | and the Retired Congressional License Plate Fund to the
| ||||||
12 | Secretary of State Special License Plate Fund.
| ||||||
13 | (l) The Motor Vehicle Review Board Fund is created as a | ||||||
14 | special fund in
the State Treasury. Moneys deposited into the | ||||||
15 | Fund under paragraph (7) of
subsection (b) of Section 5-101 and | ||||||
16 | Section 5-109 shall,
subject to appropriation, be used by the | ||||||
17 | Office of the Secretary of State to
administer the Motor | ||||||
18 | Vehicle Review Board, including without
limitation payment of | ||||||
19 | compensation and all necessary expenses incurred in
| ||||||
20 | administering the Motor Vehicle Review Board under the Motor | ||||||
21 | Vehicle Franchise
Act.
| ||||||
22 | (m) Effective July 1, 1996, there is created in the State
| ||||||
23 | Treasury a special fund to be known as the Family | ||||||
24 | Responsibility Fund. Moneys
deposited into the Fund shall, | ||||||
25 | subject to appropriation, be used by the Office
of the | ||||||
26 | Secretary of State for the purpose of enforcing the Family |
| |||||||
| |||||||
1 | Financial
Responsibility Law.
| ||||||
2 | (n) The Illinois Fire Fighters' Memorial Fund is created as | ||||||
3 | a special
fund in the State Treasury. Moneys deposited into the | ||||||
4 | Fund shall, subject
to appropriation, be used by the Office of | ||||||
5 | the State Fire Marshal for
construction of the Illinois Fire | ||||||
6 | Fighters' Memorial to be located at the
State Capitol grounds | ||||||
7 | in Springfield, Illinois. Upon the completion of the
Memorial, | ||||||
8 | moneys in the Fund shall be used in accordance with Section | ||||||
9 | 3-634.
| ||||||
10 | (o) Of the money collected for each certificate of title | ||||||
11 | for all-terrain
vehicles and off-highway motorcycles, $17 | ||||||
12 | shall be deposited into the
Off-Highway Vehicle Trails Fund.
| ||||||
13 | (p) For audits conducted on or after July 1, 2003 pursuant | ||||||
14 | to Section
2-124(d) of this Code, 50% of the money collected as | ||||||
15 | audit fees shall be
deposited
into the General Revenue Fund.
| ||||||
16 | (q) The Secretary of State Driver's Certificate Fund is | ||||||
17 | created as a special fund in the State treasury. Moneys | ||||||
18 | deposited into the fund shall, subject to appropriation, be | ||||||
19 | used by the Secretary of State to pay for the increase in the | ||||||
20 | costs associated with additional applicants for driver's | ||||||
21 | certificates issued under subsection (b-2) of Section 6-106 and | ||||||
22 | costs associated with specialized verification procedures | ||||||
23 | regarding those applicants.
| ||||||
24 | (Source: P.A. 92-16, eff. 6-28-01; 93-32, eff. 7-1-03; 93-840, | ||||||
25 | eff. 7-30-04.)
|
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| |||||||
1 | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
| ||||||
2 | Sec. 6-106. Application for license or instruction permit.
| ||||||
3 | (a) Every application for any permit or license authorized | ||||||
4 | to be issued
under this Act shall be made upon a form furnished | ||||||
5 | by the Secretary of
State. Every application shall be | ||||||
6 | accompanied by the proper fee and payment
of such fee shall | ||||||
7 | entitle the applicant to not more than 3 attempts to pass
the | ||||||
8 | examination within a period of 1 year after the date of | ||||||
9 | application.
| ||||||
10 | (b) Every application shall state the legal name, social | ||||||
11 | security
number, zip
code, date of birth, sex, and residence | ||||||
12 | address of the applicant; briefly
describe the applicant; state | ||||||
13 | whether the applicant has theretofore been
licensed as a | ||||||
14 | driver, and, if so, when and by what state or country, and
| ||||||
15 | whether any such license has ever been cancelled, suspended, | ||||||
16 | revoked or
refused, and, if so, the date and reason for such | ||||||
17 | cancellation, suspension,
revocation or refusal; shall include | ||||||
18 | an affirmation by the applicant that
all information set forth | ||||||
19 | is true and correct; and shall bear the
applicant's signature. | ||||||
20 | The application form may
also require the statement of such | ||||||
21 | additional relevant information as the
Secretary of State shall | ||||||
22 | deem necessary to determine the applicant's
competency and | ||||||
23 | eligibility. | ||||||
24 | (b-1) The Secretary of State may in his discretion
| ||||||
25 | substitute a federal tax number in lieu of a social security | ||||||
26 | number, or he
may instead assign an additional distinctive |
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| |||||||
1 | number in lieu thereof, where
an applicant is prohibited by | ||||||
2 | bona fide religious convictions from applying
or is exempt from | ||||||
3 | applying for a social security number. The Secretary of
State | ||||||
4 | shall, however, determine which religious orders or sects have | ||||||
5 | such
bona fide religious convictions. | ||||||
6 | (b-2)(1) In compliance with the federal REAL ID Act, | ||||||
7 | Division B of Public Law 109-13, the Secretary of State, on | ||||||
8 | and after the effective date of this amendatory Act of the | ||||||
9 | 95th General Assembly, shall issue to any Illinois resident | ||||||
10 | who meets the requirements of this subsection (b-2) a | ||||||
11 | driver's certificate that shall: | ||||||
12 | (A) clearly state on its face that it may not be | ||||||
13 | accepted by any federal agency for any federal | ||||||
14 | identification or other official purpose ("official | ||||||
15 | purpose" being defined under Section 201 of the federal | ||||||
16 | REAL ID Act); and | ||||||
17 | (B) use a unique design or color indicator that | ||||||
18 | shall visually distinguish these certificates from | ||||||
19 | driver's licenses and permits issued under the | ||||||
20 | Illinois Vehicle Code so as to alert federal agency and | ||||||
21 | other law enforcement personnel that these | ||||||
22 | certificates may not be accepted for any federal | ||||||
23 | identification or other official purpose. | ||||||
24 | (2) Any applicant for a driver's certificate issued | ||||||
25 | under this subsection (b-2) must be at least 18 years of | ||||||
26 | age and must: |
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| |||||||
1 | (A) provide the Secretary with a valid individual | ||||||
2 | tax identification number issued by the federal | ||||||
3 | Internal Revenue Service or social security number | ||||||
4 | issued by the federal Social Security Administration; | ||||||
5 | (B) provide a valid passport and any additional | ||||||
6 | documents, as the Secretary may set forth by | ||||||
7 | administrative rule, such that the passport and | ||||||
8 | additional documents in combination shall include the | ||||||
9 | following: | ||||||
10 | (i) a photo identity document, except that a | ||||||
11 | non-photo identity document is acceptable if it | ||||||
12 | includes both the person's full legal name and date | ||||||
13 | of birth; | ||||||
14 | (ii) documentation showing the person's date | ||||||
15 | of birth; | ||||||
16 | (iii) documentation showing the person's name | ||||||
17 | and address of principal residence;
provided that | ||||||
18 | the Secretary shall not accept any foreign | ||||||
19 | document, other than a valid official passport, | ||||||
20 | for purposes of this subparagraph; and provided | ||||||
21 | further that the Secretary shall verify, in a | ||||||
22 | manner and form prescribed by the Secretary in | ||||||
23 | administrative rule, the issuance, validity, and | ||||||
24 | completeness of each document presented by the | ||||||
25 | applicant, to satisfy the requirements of this | ||||||
26 | subdivision (b-2)(2)(B); and provided further that |
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| |||||||
1 | the Secretary has the right to reject any document | ||||||
2 | presented by the applicant that cannot be | ||||||
3 | verified; and | ||||||
4 | (C) file with the Secretary of State proof provided | ||||||
5 | to the applicant by the Illinois State Police that a | ||||||
6 | set of the applicant's fingerprints has been collected | ||||||
7 | (costs associated with this fingerprinting shall be | ||||||
8 | paid by the applicant at the time of collection); and
| ||||||
9 | (D) surrender all false driver's licenses or State | ||||||
10 | identification cards in the applicant's possession. | ||||||
11 | The Secretary shall handle the surrender of these | ||||||
12 | documents at the Secretary's discretion, provided that | ||||||
13 | no applicant shall be subject to civil or criminal | ||||||
14 | prosecution for the acquisition, possession, use, or | ||||||
15 | distribution of these documents, and provided further | ||||||
16 | that the Secretary shall destroy any relinquished | ||||||
17 | documents within 24 hours of receipt and shall not | ||||||
18 | maintain any records of those documents, except that | ||||||
19 | this requirement does not apply if the Secretary of | ||||||
20 | State can identify a bona fide law enforcement purpose | ||||||
21 | for retaining such documents. | ||||||
22 | (3) The Secretary of State shall provide to the | ||||||
23 | Illinois Department of Revenue all information, including | ||||||
24 | the individual tax identification number, captured on the | ||||||
25 | application. If the Illinois Department of Revenue | ||||||
26 | determines that an individual to whom a driver's |
| |||||||
| |||||||
1 | certificate was issued is not in compliance with any | ||||||
2 | applicable tax laws administered by the Department of | ||||||
3 | Revenue, the Department of Revenue shall request that the | ||||||
4 | Secretary of State revoke the certificate. | ||||||
5 | (4) Any applicant for or the bearer of a driver's | ||||||
6 | certificate issued under this subsection (b-2) shall be | ||||||
7 | subject to any and all provisions of this Code and any and | ||||||
8 | all implementing regulations issued by the Secretary of | ||||||
9 | State to the same extent as any driver issued a driver's | ||||||
10 | license, including but not limited to the mandatory | ||||||
11 | insurance requirements and penalties set forth in Chapter | ||||||
12 | 7, Article VI of this Code, unless otherwise specified in | ||||||
13 | this subsection (b-2). To the extent that any driver is | ||||||
14 | required by law to have a valid Illinois driver's license | ||||||
15 | in order to purchase insurance to comply with the mandatory | ||||||
16 | insurance provisions of this Code, a driver's certificate | ||||||
17 | issued under this subsection (b-2) shall satisfy that | ||||||
18 | requirement. Within 30 days of receiving a certificate, the | ||||||
19 | driver shall provide to the Secretary of State, in a manner | ||||||
20 | and form prescribed by the Secretary, proof of liability | ||||||
21 | insurance coverage for the driver and for any and all | ||||||
22 | vehicles to which the driver has title of ownership; if the | ||||||
23 | driver fails to provide that proof within 30 days, the | ||||||
24 | Secretary is authorized to suspend the certificate until | ||||||
25 | the driver provides that proof. | ||||||
26 | (5) A person denied a driver's certificate under this |
| |||||||
| |||||||
1 | subsection (b-2) may seek review under the Administrative | ||||||
2 | Review Law. This amendatory Act of the 95th General | ||||||
3 | Assembly does not affect the issuance of any commercial | ||||||
4 | driver's license or school bus driver's permit under the | ||||||
5 | Illinois Vehicle Code or any State identification card | ||||||
6 | under the Illinois Identification Card Act. A driver's | ||||||
7 | certificate issued under this subsection (b-2) may not be | ||||||
8 | used to obtain a Firearm Owner's Identification Card and | ||||||
9 | may not be used to obtain a driver's license in another | ||||||
10 | state.
| ||||||
11 | (6) The Secretary of State may provide, in his or her | ||||||
12 | discretion, by rule that an application for a driver's | ||||||
13 | certificate under this subsection (b-2) may include a | ||||||
14 | suitable photograph of the applicant in the form prescribed | ||||||
15 | by the Secretary, and the Secretary of State shall further | ||||||
16 | provide that each driver's certificate shall include a | ||||||
17 | photograph of the driver. The Secretary of State shall | ||||||
18 | utilize a photographic process or system most suitable to | ||||||
19 | deter alteration or improper reproduction of a driver's | ||||||
20 | certificate issued under this subsection (b-2) and to | ||||||
21 | prevent substitution of another photo on the certificate.
| ||||||
22 | (b-3) Subsection (b-2) becomes inoperative 5 years after | ||||||
23 | the effective date of this amendatory Act of the 95th General | ||||||
24 | Assembly; however, any document issued under subsection (b-2) | ||||||
25 | shall remain valid until the date set forth on the document by | ||||||
26 | the Secretary of State.
|
| |||||||
| |||||||
1 | (b-4) The Secretary of State may, in his
discretion, by | ||||||
2 | rule or regulation, provide that an application for a
drivers | ||||||
3 | license or permit may include a suitable photograph of the
| ||||||
4 | applicant in the
form prescribed by the Secretary, and he may | ||||||
5 | further provide that each
drivers license shall include a | ||||||
6 | photograph of the driver. The Secretary of
State may utilize a | ||||||
7 | photograph process or system most suitable to deter
alteration | ||||||
8 | or improper reproduction of a drivers license and to prevent
| ||||||
9 | substitution of another photo thereon.
| ||||||
10 | (c) The application form shall include a notice to the | ||||||
11 | applicant of the
registration obligations of sex offenders | ||||||
12 | under the Sex Offender Registration
Act. The notice shall be | ||||||
13 | provided in a form and manner prescribed by the
Secretary of | ||||||
14 | State. For purposes of this subsection (c), "sex offender" has
| ||||||
15 | the meaning ascribed to it in Section 2 of the Sex Offender | ||||||
16 | Registration Act.
| ||||||
17 | (d) Any male United States citizen or immigrant who applies | ||||||
18 | for any
permit or
license authorized to be issued under this | ||||||
19 | Act or for a renewal of any permit
or
license,
and who is at | ||||||
20 | least 18 years of age but less than 26 years of age, must be
| ||||||
21 | registered in compliance with the requirements of the federal | ||||||
22 | Military
Selective
Service Act.
The Secretary of State must | ||||||
23 | forward in an electronic format the necessary
personal | ||||||
24 | information regarding the applicants identified in this | ||||||
25 | subsection (d)
to
the Selective Service System. The applicant's | ||||||
26 | signature on the application
serves
as an indication that the |
| |||||||
| |||||||
1 | applicant either has already registered with the
Selective
| ||||||
2 | Service System or that he is authorizing the Secretary to | ||||||
3 | forward to the
Selective
Service System the necessary | ||||||
4 | information for registration. The Secretary must
notify the | ||||||
5 | applicant at the time of application that his signature | ||||||
6 | constitutes
consent to registration with the Selective Service | ||||||
7 | System, if he is not already
registered.
| ||||||
8 | (Source: P.A. 92-117, eff. 1-1-02; 93-895, eff. 1-1-05.)
| ||||||
9 | (625 ILCS 5/6-107.5 new) | ||||||
10 | Sec. 6-107.5. Ineligible applicants for Firearm Owner's | ||||||
11 | Identification Cards.
The Secretary of State shall, in | ||||||
12 | conjunction with the Illinois State Police, establish | ||||||
13 | administrative procedures for determining and identifying | ||||||
14 | ineligible Firearm Owner's Identification Card applicants | ||||||
15 | through information provided to the Secretary of State, through | ||||||
16 | the driver's license and driver's certificate application | ||||||
17 | process, to ensure compliance with the Firearm Owners | ||||||
18 | Identification Card Act.
| ||||||
19 | (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
| ||||||
20 | (Text of Section before amendment by P.A. 94-1035 )
| ||||||
21 | Sec. 6-118. Fees.
| ||||||
22 | (a) The fee for licenses and permits under this
Article is | ||||||
23 | as follows:
| ||||||
24 | Original driver's license ............................$10
|
| |||||||
| |||||||
1 | Original or renewal driver's license
| ||||||
2 | issued to 18, 19 and 20 year olds ..................5
| ||||||
3 | All driver's licenses for persons
| ||||||
4 | age 69 through age 80 ..............................5
| ||||||
5 | All driver's licenses for persons
| ||||||
6 | age 81 through age 86 ..............................2
| ||||||
7 | All driver's licenses for persons
| ||||||
8 | age 87 or older ....................................0
| ||||||
9 | Renewal driver's license (except for
| ||||||
10 | applicants ages 18, 19 and 20 or
| ||||||
11 | age 69 and older) .................................10
| ||||||
12 | Original instruction permit issued to
| ||||||
13 | persons (except those age 69 and older)
| ||||||
14 | who do not hold or have not previously
| ||||||
15 | held an Illinois instruction permit or
| ||||||
16 | driver's license ..................................20
| ||||||
17 | Instruction permit issued to any person
| ||||||
18 | holding an Illinois driver's license
| ||||||
19 | who wishes a change in classifications,
| ||||||
20 | other than at the time of renewal ..................5
| ||||||
21 | Any instruction permit issued to a person
| ||||||
22 | age 69 and older ...................................5
| ||||||
23 | Instruction permit issued to any person,
| ||||||
24 | under age 69, not currently holding a
| ||||||
25 | valid Illinois driver's license or
| ||||||
26 | instruction permit but who has
|
| |||||||
| |||||||
1 | previously been issued either document
| ||||||
2 | in Illinois .......................................10
| ||||||
3 | Restricted driving permit ..............................8
| ||||||
4 | Duplicate or corrected driver's license
| ||||||
5 | or permit ..........................................5
| ||||||
6 | Duplicate or corrected restricted
| ||||||
7 | driving permit .....................................5
| ||||||
8 | Original or renewal M or L endorsement .................5
| ||||||
9 | The fee for a driver's certificate issued under subsection | ||||||
10 | (b-2) of Section 6-106 is $10 plus an additional fee of not | ||||||
11 | less than $50, to be set by the Secretary by rule, to cover the | ||||||
12 | additional costs associated with issuing those driver's | ||||||
13 | certificates.
| ||||||
14 | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
| ||||||
15 | The fees for commercial driver licenses and permits | ||||||
16 | under Article V
shall be as follows:
| ||||||
17 | Commercial driver's license:
| ||||||
18 | $6 for the CDLIS/AAMVAnet Fund
| ||||||
19 | (Commercial Driver's License Information
| ||||||
20 | System/American Association of Motor Vehicle
| ||||||
21 | Administrators network Trust Fund);
| ||||||
22 | $20 for the Motor Carrier Safety Inspection Fund;
| ||||||
23 | $10 for the driver's license;
| ||||||
24 | and $24 for the CDL: .............................$60
| ||||||
25 | Renewal commercial driver's license:
| ||||||
26 | $6 for the CDLIS/AAMVAnet Trust Fund;
|
| |||||||
| |||||||
1 | $20 for the Motor Carrier Safety Inspection Fund;
| ||||||
2 | $10 for the driver's license; and
| ||||||
3 | $24 for the CDL: .................................$60
| ||||||
4 | Commercial driver instruction permit
| ||||||
5 | issued to any person holding a valid
| ||||||
6 | Illinois driver's license for the
| ||||||
7 | purpose of changing to a
| ||||||
8 | CDL classification: $6 for the
| ||||||
9 | CDLIS/AAMVAnet Trust Fund;
| ||||||
10 | $20 for the Motor Carrier
| ||||||
11 | Safety Inspection Fund; and
| ||||||
12 | $24 for the CDL classification ...................$50
| ||||||
13 | Commercial driver instruction permit
| ||||||
14 | issued to any person holding a valid
| ||||||
15 | Illinois CDL for the purpose of
| ||||||
16 | making a change in a classification,
| ||||||
17 | endorsement or restriction ........................$5
| ||||||
18 | CDL duplicate or corrected license ....................$5
| ||||||
19 | In order to ensure the proper implementation of the Uniform | ||||||
20 | Commercial
Driver License Act, Article V of this Chapter, the | ||||||
21 | Secretary of State is
empowered to pro-rate the $24 fee for the | ||||||
22 | commercial driver's license
proportionate to the expiration | ||||||
23 | date of the applicant's Illinois driver's
license.
| ||||||
24 | The fee for any duplicate license or permit shall be waived | ||||||
25 | for any
person age 60 or older who presents the Secretary of | ||||||
26 | State's office with a
police report showing that his license or |
| |||||||
| |||||||
1 | permit was stolen.
| ||||||
2 | No additional fee shall be charged for a driver's license, | ||||||
3 | or for a
commercial driver's license, when issued
to the holder | ||||||
4 | of an instruction permit for the same classification or
type of | ||||||
5 | license who becomes eligible for such
license.
| ||||||
6 | (b) Any person whose license or privilege to operate a | ||||||
7 | motor vehicle
in this State has been suspended or revoked under | ||||||
8 | any
provision of
Chapter 6, Chapter 11, or Section 7-205, | ||||||
9 | 7-303, or 7-702 of the Family
Financial
Responsibility Law of | ||||||
10 | this Code, shall in addition to any other
fees required by this | ||||||
11 | Code, pay a reinstatement fee as follows:
| ||||||
12 | Summary suspension under Section 11-501.1 ...........$250
| ||||||
13 | Other suspension .....................................$70
| ||||||
14 | Revocation ..........................................$500
| ||||||
15 | However, any person whose license or privilege to operate a | ||||||
16 | motor vehicle
in this State has been suspended or revoked for a | ||||||
17 | second or subsequent time
for a violation of Section 11-501 or | ||||||
18 | 11-501.1
of this Code or a similar provision of a local | ||||||
19 | ordinance
or a similar out-of-state offense
or Section 9-3 of | ||||||
20 | the Criminal Code of 1961
and each suspension or revocation was | ||||||
21 | for a violation of Section 11-501 or
11-501.1 of this Code or a | ||||||
22 | similar provision of a local ordinance
or a similar | ||||||
23 | out-of-state offense
or Section
9-3 of the Criminal Code of | ||||||
24 | 1961
shall pay, in addition to any other
fees required by this | ||||||
25 | Code, a
reinstatement
fee as follows:
| ||||||
26 | Summary suspension under Section 11-501.1 ...........$500
|
| |||||||
| |||||||
1 | Revocation ..........................................$500
| ||||||
2 | (c) All fees collected under the provisions of this Chapter | ||||||
3 | 6 shall be
paid into the Road Fund in the State Treasury except | ||||||
4 | as follows:
| ||||||
5 | 1. The following amounts shall be paid into the Driver | ||||||
6 | Education Fund:
| ||||||
7 | (A) $16 of the $20
fee for an original driver's | ||||||
8 | instruction permit;
| ||||||
9 | (B) $5 of the $10 fee for an original driver's | ||||||
10 | license;
| ||||||
11 | (C) $5 of the $10 fee for a 4 year renewal driver's | ||||||
12 | license;
and
| ||||||
13 | (D) $4 of the $8 fee for a restricted driving | ||||||
14 | permit.
| ||||||
15 | 2. $30 of the $250 fee for reinstatement of a
license
| ||||||
16 | summarily suspended under Section 11-501.1 shall be | ||||||
17 | deposited into the
Drunk and Drugged Driving Prevention | ||||||
18 | Fund.
However, for a person whose license or privilege to | ||||||
19 | operate a motor vehicle
in this State has been suspended or | ||||||
20 | revoked for a second or subsequent time for
a violation of | ||||||
21 | Section 11-501 or 11-501.1 of this Code or Section 9-3 of | ||||||
22 | the
Criminal Code of 1961,
$190 of the $500 fee for | ||||||
23 | reinstatement of a license summarily
suspended under
| ||||||
24 | Section 11-501.1,
and $190 of the $500 fee for | ||||||
25 | reinstatement of a revoked license
shall be deposited into | ||||||
26 | the Drunk and Drugged Driving Prevention Fund.
|
| |||||||
| |||||||
1 | 3. $6 of such original or renewal fee for a commercial | ||||||
2 | driver's
license and $6 of the commercial driver | ||||||
3 | instruction permit fee when such
permit is issued to any | ||||||
4 | person holding a valid Illinois driver's license,
shall be | ||||||
5 | paid into the CDLIS/AAMVAnet Trust Fund.
| ||||||
6 | 4. $30 of the $70 fee for reinstatement of a license | ||||||
7 | suspended
under the
Family
Financial Responsibility Law | ||||||
8 | shall be paid into the Family Responsibility
Fund.
| ||||||
9 | 5. The $5 fee for each original or renewal M or L | ||||||
10 | endorsement shall be
deposited into the Cycle Rider Safety | ||||||
11 | Training Fund.
| ||||||
12 | 6. $20 of any original or renewal fee for a commercial | ||||||
13 | driver's
license or commercial driver instruction permit | ||||||
14 | shall be paid into the Motor
Carrier Safety Inspection | ||||||
15 | Fund.
| ||||||
16 | 7. The following amounts shall be paid into the General | ||||||
17 | Revenue Fund:
| ||||||
18 | (A) $190 of the $250 reinstatement fee for a | ||||||
19 | summary suspension under
Section 11-501.1;
| ||||||
20 | (B) $40 of the $70 reinstatement fee for any other | ||||||
21 | suspension provided
in subsection (b) of this Section; | ||||||
22 | and
| ||||||
23 | (C) $440 of the $500 reinstatement fee for a first | ||||||
24 | offense revocation
and $310 of the $500 reinstatement | ||||||
25 | fee for a second or subsequent revocation.
| ||||||
26 | 8. The entire amount more than $10 of any fee for a |
| |||||||
| |||||||
1 | driver's certificate issued under subsection (b-2) of | ||||||
2 | Section 6-106 shall be deposited into the Secretary of | ||||||
3 | State Driver's Certificate Fund. The Secretary of State | ||||||
4 | shall adopt rules setting the fee for issuing a driver's | ||||||
5 | certificate, in light of the additional costs associated | ||||||
6 | with issuing those driver's certificates.
| ||||||
7 | (Source: P.A. 92-458, eff. 8-22-01; 93-32, eff. 1-1-04; 93-788, | ||||||
8 | eff. 1-1-05.)
| ||||||
9 | (Text of Section after amendment by P.A. 94-1035 )
| ||||||
10 | Sec. 6-118. Fees.
| ||||||
11 | (a) The fee for licenses and permits under this
Article is | ||||||
12 | as follows:
| ||||||
13 | Original driver's license ............................$10
| ||||||
14 | Original or renewal driver's license
| ||||||
15 | issued to 18, 19 and 20 year olds ..................5
| ||||||
16 | All driver's licenses for persons
| ||||||
17 | age 69 through age 80 ..............................5
| ||||||
18 | All driver's licenses for persons
| ||||||
19 | age 81 through age 86 ..............................2
| ||||||
20 | All driver's licenses for persons
| ||||||
21 | age 87 or older ....................................0
| ||||||
22 | Renewal driver's license (except for
| ||||||
23 | applicants ages 18, 19 and 20 or
| ||||||
24 | age 69 and older) .................................10
| ||||||
25 | Original instruction permit issued to
|
| |||||||
| |||||||
1 | persons (except those age 69 and older)
| ||||||
2 | who do not hold or have not previously
| ||||||
3 | held an Illinois instruction permit or
| ||||||
4 | driver's license ..................................20
| ||||||
5 | Instruction permit issued to any person
| ||||||
6 | holding an Illinois driver's license
| ||||||
7 | who wishes a change in classifications,
| ||||||
8 | other than at the time of renewal ..................5
| ||||||
9 | Any instruction permit issued to a person
| ||||||
10 | age 69 and older ...................................5
| ||||||
11 | Instruction permit issued to any person,
| ||||||
12 | under age 69, not currently holding a
| ||||||
13 | valid Illinois driver's license or
| ||||||
14 | instruction permit but who has
| ||||||
15 | previously been issued either document
| ||||||
16 | in Illinois .......................................10
| ||||||
17 | Restricted driving permit ..............................8
| ||||||
18 | Duplicate or corrected driver's license
| ||||||
19 | or permit ..........................................5
| ||||||
20 | Duplicate or corrected restricted
| ||||||
21 | driving permit .....................................5
| ||||||
22 | Original or renewal M or L endorsement .................5
| ||||||
23 | The fee for a driver's certificate issued under subsection | ||||||
24 | (b-2) of Section 6-106 shall be $10 plus an additional fee of | ||||||
25 | not less than $50, to be set by the Secretary by rule, to cover | ||||||
26 | the additional costs associated with issuing those driver's |
| |||||||
| |||||||
1 | certificates.
| ||||||
2 | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
| ||||||
3 | The fees for commercial driver licenses and permits | ||||||
4 | under Article V
shall be as follows:
| ||||||
5 | Commercial driver's license:
| ||||||
6 | $6 for the CDLIS/AAMVAnet Fund
| ||||||
7 | (Commercial Driver's License Information
| ||||||
8 | System/American Association of Motor Vehicle
| ||||||
9 | Administrators network Trust Fund);
| ||||||
10 | $20 for the Motor Carrier Safety Inspection Fund;
| ||||||
11 | $10 for the driver's license;
| ||||||
12 | and $24 for the CDL: .............................$60
| ||||||
13 | Renewal commercial driver's license:
| ||||||
14 | $6 for the CDLIS/AAMVAnet Trust Fund;
| ||||||
15 | $20 for the Motor Carrier Safety Inspection Fund;
| ||||||
16 | $10 for the driver's license; and
| ||||||
17 | $24 for the CDL: .................................$60
| ||||||
18 | Commercial driver instruction permit
| ||||||
19 | issued to any person holding a valid
| ||||||
20 | Illinois driver's license for the
| ||||||
21 | purpose of changing to a
| ||||||
22 | CDL classification: $6 for the
| ||||||
23 | CDLIS/AAMVAnet Trust Fund;
| ||||||
24 | $20 for the Motor Carrier
| ||||||
25 | Safety Inspection Fund; and
| ||||||
26 | $24 for the CDL classification ...................$50
|
| |||||||
| |||||||
1 | Commercial driver instruction permit
| ||||||
2 | issued to any person holding a valid
| ||||||
3 | Illinois CDL for the purpose of
| ||||||
4 | making a change in a classification,
| ||||||
5 | endorsement or restriction ........................$5
| ||||||
6 | CDL duplicate or corrected license ....................$5
| ||||||
7 | In order to ensure the proper implementation of the Uniform | ||||||
8 | Commercial
Driver License Act, Article V of this Chapter, the | ||||||
9 | Secretary of State is
empowered to pro-rate the $24 fee for the | ||||||
10 | commercial driver's license
proportionate to the expiration | ||||||
11 | date of the applicant's Illinois driver's
license.
| ||||||
12 | The fee for any duplicate license or permit shall be waived | ||||||
13 | for any
person age 60 or older who presents the Secretary of | ||||||
14 | State's office with a
police report showing that his license or | ||||||
15 | permit was stolen.
| ||||||
16 | No additional fee shall be charged for a driver's license, | ||||||
17 | or for a
commercial driver's license, when issued
to the holder | ||||||
18 | of an instruction permit for the same classification or
type of | ||||||
19 | license who becomes eligible for such
license.
| ||||||
20 | (b) Any person whose license or privilege to operate a | ||||||
21 | motor vehicle
in this State has been suspended or revoked under | ||||||
22 | Section 3-707, any
provision of
Chapter 6, Chapter 11, or | ||||||
23 | Section 7-205, 7-303, or 7-702 of the Family
Financial
| ||||||
24 | Responsibility Law of this Code, shall in addition to any other
| ||||||
25 | fees required by this Code, pay a reinstatement fee as follows:
| ||||||
26 | Suspension under Section 3-707 .....................
$100
|
| |||||||
| |||||||
1 | Summary suspension under Section 11-501.1 ...........$250
| ||||||
2 | Other suspension .....................................$70
| ||||||
3 | Revocation ..........................................$500
| ||||||
4 | However, any person whose license or privilege to operate a | ||||||
5 | motor vehicle
in this State has been suspended or revoked for a | ||||||
6 | second or subsequent time
for a violation of Section 11-501 or | ||||||
7 | 11-501.1
of this Code or a similar provision of a local | ||||||
8 | ordinance
or a similar out-of-state offense
or Section 9-3 of | ||||||
9 | the Criminal Code of 1961
and each suspension or revocation was | ||||||
10 | for a violation of Section 11-501 or
11-501.1 of this Code or a | ||||||
11 | similar provision of a local ordinance
or a similar | ||||||
12 | out-of-state offense
or Section
9-3 of the Criminal Code of | ||||||
13 | 1961
shall pay, in addition to any other
fees required by this | ||||||
14 | Code, a
reinstatement
fee as follows:
| ||||||
15 | Summary suspension under Section 11-501.1 ...........$500
| ||||||
16 | Revocation ..........................................$500
| ||||||
17 | (c) All fees collected under the provisions of this Chapter | ||||||
18 | 6 shall be
paid into the Road Fund in the State Treasury except | ||||||
19 | as follows:
| ||||||
20 | 1. The following amounts shall be paid into the Driver | ||||||
21 | Education Fund:
| ||||||
22 | (A) $16 of the $20
fee for an original driver's | ||||||
23 | instruction permit;
| ||||||
24 | (B) $5 of the $10 fee for an original driver's | ||||||
25 | license;
| ||||||
26 | (C) $5 of the $10 fee for a 4 year renewal driver's |
| |||||||
| |||||||
1 | license;
and
| ||||||
2 | (D) $4 of the $8 fee for a restricted driving | ||||||
3 | permit.
| ||||||
4 | 2. $30 of the $250 fee for reinstatement of a
license
| ||||||
5 | summarily suspended under Section 11-501.1 shall be | ||||||
6 | deposited into the
Drunk and Drugged Driving Prevention | ||||||
7 | Fund.
However, for a person whose license or privilege to | ||||||
8 | operate a motor vehicle
in this State has been suspended or | ||||||
9 | revoked for a second or subsequent time for
a violation of | ||||||
10 | Section 11-501 or 11-501.1 of this Code or Section 9-3 of | ||||||
11 | the
Criminal Code of 1961,
$190 of the $500 fee for | ||||||
12 | reinstatement of a license summarily
suspended under
| ||||||
13 | Section 11-501.1,
and $190 of the $500 fee for | ||||||
14 | reinstatement of a revoked license
shall be deposited into | ||||||
15 | the Drunk and Drugged Driving Prevention Fund.
| ||||||
16 | 3. $6 of such original or renewal fee for a commercial | ||||||
17 | driver's
license and $6 of the commercial driver | ||||||
18 | instruction permit fee when such
permit is issued to any | ||||||
19 | person holding a valid Illinois driver's license,
shall be | ||||||
20 | paid into the CDLIS/AAMVAnet Trust Fund.
| ||||||
21 | 4. $30 of the $70 fee for reinstatement of a license | ||||||
22 | suspended
under the
Family
Financial Responsibility Law | ||||||
23 | shall be paid into the Family Responsibility
Fund.
| ||||||
24 | 5. The $5 fee for each original or renewal M or L | ||||||
25 | endorsement shall be
deposited into the Cycle Rider Safety | ||||||
26 | Training Fund.
|
| |||||||
| |||||||
1 | 6. $20 of any original or renewal fee for a commercial | ||||||
2 | driver's
license or commercial driver instruction permit | ||||||
3 | shall be paid into the Motor
Carrier Safety Inspection | ||||||
4 | Fund.
| ||||||
5 | 7. The following amounts shall be paid into the General | ||||||
6 | Revenue Fund:
| ||||||
7 | (A) $190 of the $250 reinstatement fee for a | ||||||
8 | summary suspension under
Section 11-501.1;
| ||||||
9 | (B) $40 of the $70 reinstatement fee for any other | ||||||
10 | suspension provided
in subsection (b) of this Section; | ||||||
11 | and
| ||||||
12 | (C) $440 of the $500 reinstatement fee for a first | ||||||
13 | offense revocation
and $310 of the $500 reinstatement | ||||||
14 | fee for a second or subsequent revocation.
| ||||||
15 | 8. The entire amount more than $10 of any fee for a | ||||||
16 | driver's certificate issued under subsection (b-2) of | ||||||
17 | Section 6-106 shall be deposited into the Secretary of | ||||||
18 | State Driver's Certificate Fund. The Secretary of State | ||||||
19 | shall adopt rules setting the fee for issuing a driver's | ||||||
20 | certificate, in light of the additional costs associated | ||||||
21 | with issuing those driver's certificates.
| ||||||
22 | (Source: P.A. 93-32, eff. 1-1-04; 93-788, eff. 1-1-05; 94-1035, | ||||||
23 | eff. 7-1-07.)
| ||||||
24 | (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
| ||||||
25 | Sec. 6-205. Mandatory revocation of license or permit; |
| |||||||
| |||||||
1 | Hardship cases.
| ||||||
2 | (a) Except as provided in this Section, the Secretary of | ||||||
3 | State shall
immediately revoke the license, permit, or driving | ||||||
4 | privileges of
any driver upon receiving a
report of the | ||||||
5 | driver's conviction of any of the following offenses:
| ||||||
6 | (a-5) The Secretary of State shall immediately revoke the | ||||||
7 | driver's certificate issued under subdivision (b-2)(1) of | ||||||
8 | Section 6-106 of this Code, upon notification from the Illinois | ||||||
9 | Department of Revenue that the holder of the driver's | ||||||
10 | certificate is not in compliance with any applicable tax laws | ||||||
11 | administered by the Department of Revenue.
| ||||||
12 | 1. Reckless homicide resulting from the operation of a | ||||||
13 | motor vehicle;
| ||||||
14 | 2. Violation of Section 11-501 of this Code or a | ||||||
15 | similar provision of
a local ordinance relating to the | ||||||
16 | offense of operating or being in physical
control of a | ||||||
17 | vehicle while under the influence of alcohol, other drug or
| ||||||
18 | drugs, intoxicating compound or compounds, or any | ||||||
19 | combination thereof;
| ||||||
20 | 3. Any felony under the laws of any State or the | ||||||
21 | federal government
in the commission of which a motor | ||||||
22 | vehicle was used;
| ||||||
23 | 4. Violation of Section 11-401 of this Code relating to | ||||||
24 | the offense of
leaving the scene of a traffic accident | ||||||
25 | involving death or personal injury;
| ||||||
26 | 5. Perjury or the making of a false affidavit or |
| |||||||
| |||||||
1 | statement under
oath to the Secretary of State under this | ||||||
2 | Code or under any
other law relating to the ownership or | ||||||
3 | operation of motor vehicles;
| ||||||
4 | 6. Conviction upon 3 charges of violation of Section | ||||||
5 | 11-503 of this
Code relating to the offense of reckless | ||||||
6 | driving committed within a
period of 12 months;
| ||||||
7 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
8 | of this Code;
| ||||||
9 | 8. Violation of Section 11-504 of this Code relating to | ||||||
10 | the offense
of drag racing;
| ||||||
11 | 9. Violation of Chapters 8 and 9 of this Code;
| ||||||
12 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
13 | 1961 arising from
the use of a motor vehicle;
| ||||||
14 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
15 | to aggravated
fleeing or attempting to elude a peace | ||||||
16 | officer;
| ||||||
17 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
18 | Section 6-507,
or a similar law of any other state, | ||||||
19 | relating to the
unlawful operation of a commercial motor | ||||||
20 | vehicle;
| ||||||
21 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
22 | this Code or a
similar provision of a local ordinance if | ||||||
23 | the driver has been previously
convicted of a violation of | ||||||
24 | that Section or a similar provision of a local
ordinance | ||||||
25 | and the driver was less than 21 years of age at the time of | ||||||
26 | the
offense.
|
| |||||||
| |||||||
1 | (b) The Secretary of State shall also immediately revoke | ||||||
2 | the license
or permit of any driver in the following | ||||||
3 | situations:
| ||||||
4 | 1. Of any minor upon receiving the notice provided for | ||||||
5 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
6 | minor has been
adjudicated under that Act as having | ||||||
7 | committed an offense relating to
motor vehicles prescribed | ||||||
8 | in Section 4-103 of this Code;
| ||||||
9 | 2. Of any person when any other law of this State | ||||||
10 | requires either the
revocation or suspension of a license | ||||||
11 | or permit.
| ||||||
12 | (c) Whenever a person is convicted of any of the offenses | ||||||
13 | enumerated in
this Section, the court may recommend and the | ||||||
14 | Secretary of State in his
discretion, without regard to whether | ||||||
15 | the recommendation is made by the
court may, upon application,
| ||||||
16 | issue to the person a
restricted driving permit granting the | ||||||
17 | privilege of driving a motor
vehicle between the petitioner's | ||||||
18 | residence and petitioner's place
of employment or within the | ||||||
19 | scope of the petitioner's employment related
duties, or to | ||||||
20 | allow transportation for the petitioner or a household member
| ||||||
21 | of the petitioner's family for the receipt of necessary medical | ||||||
22 | care or, if
the professional evaluation indicates, provide | ||||||
23 | transportation for the
petitioner for alcohol remedial or | ||||||
24 | rehabilitative activity, or for the
petitioner to attend | ||||||
25 | classes, as a student, in an accredited educational
| ||||||
26 | institution; if the petitioner is able to demonstrate that no |
| |||||||
| |||||||
1 | alternative means
of transportation is reasonably available | ||||||
2 | and the petitioner will not endanger
the public safety or | ||||||
3 | welfare; provided that the Secretary's discretion shall be
| ||||||
4 | limited to cases where undue hardship would result from a | ||||||
5 | failure to issue the
restricted driving permit.
| ||||||
6 | If a person's license or permit has been revoked or | ||||||
7 | suspended due to 2 or
more convictions of violating Section | ||||||
8 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
9 | or a similar out-of-state offense, arising out
of separate | ||||||
10 | occurrences, that person, if issued a restricted driving | ||||||
11 | permit,
may not operate a vehicle unless it has been equipped | ||||||
12 | with an ignition
interlock device as defined in Section | ||||||
13 | 1-129.1.
| ||||||
14 | If a person's license or permit has been revoked or | ||||||
15 | suspended 2 or more
times within a 10 year period due to a | ||||||
16 | single conviction of violating Section
11-501 of this Code or a | ||||||
17 | similar provision of a local ordinance or a similar
| ||||||
18 | out-of-state offense, and a statutory summary suspension under | ||||||
19 | Section
11-501.1, or 2 or more statutory summary suspensions, | ||||||
20 | or combination of 2
offenses, or of an offense and a statutory | ||||||
21 | summary suspension, arising out of
separate occurrences, that | ||||||
22 | person, if issued a restricted
driving permit, may not operate | ||||||
23 | a vehicle unless it has been equipped with an
ignition | ||||||
24 | interlock device as defined in Section 1-129.1.
The person must | ||||||
25 | pay to the Secretary of State DUI Administration Fund an amount
| ||||||
26 | not to exceed $20 per month. The Secretary shall establish by |
| |||||||
| |||||||
1 | rule the amount
and the procedures, terms, and conditions | ||||||
2 | relating to these fees.
If the restricted driving permit was | ||||||
3 | issued for employment purposes, then
this provision does not | ||||||
4 | apply to the operation of an occupational vehicle
owned or | ||||||
5 | leased by that person's employer.
In each case the Secretary of | ||||||
6 | State may issue a
restricted driving permit for a period he | ||||||
7 | deems appropriate, except that the
permit shall expire within | ||||||
8 | one year from the date of issuance. The Secretary
may not, | ||||||
9 | however, issue a restricted driving permit to any person whose | ||||||
10 | current
revocation is the result of a second or subsequent | ||||||
11 | conviction for a violation
of Section 11-501 of this Code or a | ||||||
12 | similar provision of a local ordinance
relating to the offense | ||||||
13 | of operating or being in physical control of a motor
vehicle | ||||||
14 | while under the influence of alcohol, other drug or drugs, | ||||||
15 | intoxicating
compound or compounds, or any similar | ||||||
16 | out-of-state offense, or any combination
thereof, until the | ||||||
17 | expiration of at least one year from the date of the
| ||||||
18 | revocation. A restricted
driving permit issued under this | ||||||
19 | Section shall be
subject to cancellation, revocation, and | ||||||
20 | suspension by the Secretary of
State in like manner and for | ||||||
21 | like cause as a driver's license issued
under this Code may be | ||||||
22 | cancelled, revoked, or
suspended; except that a conviction upon | ||||||
23 | one or more offenses against laws or
ordinances regulating the | ||||||
24 | movement of traffic shall be deemed sufficient cause
for the | ||||||
25 | revocation, suspension, or cancellation of a restricted | ||||||
26 | driving permit.
The Secretary of State may, as a condition to |
| |||||||
| |||||||
1 | the issuance of a restricted
driving permit, require the | ||||||
2 | applicant to participate in a designated driver
remedial or | ||||||
3 | rehabilitative program. The Secretary of State is authorized to
| ||||||
4 | cancel a restricted driving permit if the permit holder does | ||||||
5 | not successfully
complete the program. However, if an | ||||||
6 | individual's driving privileges have been
revoked in | ||||||
7 | accordance with paragraph 13 of subsection (a) of this Section, | ||||||
8 | no
restricted driving permit shall be issued until the | ||||||
9 | individual has served 6
months of the revocation period.
| ||||||
10 | (d) Whenever a person under the age of 21 is convicted | ||||||
11 | under Section
11-501 of this Code or a similar provision of a | ||||||
12 | local ordinance, the
Secretary of State shall revoke the | ||||||
13 | driving privileges of that person. One
year after the date of | ||||||
14 | revocation, and upon application, the Secretary of
State may, | ||||||
15 | if satisfied that the person applying will not endanger the
| ||||||
16 | public safety or welfare, issue a restricted driving permit | ||||||
17 | granting the
privilege of driving a motor vehicle only between | ||||||
18 | the hours of 5 a.m. and 9
p.m. or as otherwise provided by this | ||||||
19 | Section for a period of one year.
After this one year period, | ||||||
20 | and upon reapplication for a license as
provided in Section | ||||||
21 | 6-106, upon payment of the appropriate reinstatement
fee | ||||||
22 | provided under paragraph (b) of Section 6-118, the Secretary of | ||||||
23 | State,
in his discretion, may
issue the applicant a
license, or | ||||||
24 | extend the restricted driving permit as many times as the
| ||||||
25 | Secretary of State deems appropriate, by additional periods of | ||||||
26 | not more than
12 months each, until the applicant attains 21 |
| |||||||
| |||||||
1 | years of age.
| ||||||
2 | If a person's license or permit has been revoked or | ||||||
3 | suspended due to 2 or
more convictions of violating Section | ||||||
4 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
5 | or a similar out-of-state offense, arising out
of separate | ||||||
6 | occurrences, that person, if issued a restricted driving | ||||||
7 | permit,
may not operate a vehicle unless it has been equipped | ||||||
8 | with an ignition
interlock device as defined in Section | ||||||
9 | 1-129.1.
| ||||||
10 | If a person's license or permit has been revoked or | ||||||
11 | suspended 2 or more times
within a 10 year period due to a | ||||||
12 | single conviction of violating Section 11-501
of this
Code or a | ||||||
13 | similar provision of a local ordinance or a similar | ||||||
14 | out-of-state
offense, and
a statutory summary suspension under | ||||||
15 | Section 11-501.1, or 2 or more statutory
summary
suspensions, | ||||||
16 | or combination of 2 offenses, or of an offense and a statutory
| ||||||
17 | summary
suspension, arising out of separate occurrences, that | ||||||
18 | person, if issued a
restricted
driving permit, may not operate | ||||||
19 | a vehicle unless it has been equipped with an
ignition | ||||||
20 | interlock device as defined in Section 1-129.1.
The person must | ||||||
21 | pay to the Secretary of State DUI Administration Fund an amount
| ||||||
22 | not to exceed $20 per month. The Secretary shall establish by | ||||||
23 | rule the amount
and the procedures, terms, and conditions | ||||||
24 | relating to these fees.
If the restricted driving permit was | ||||||
25 | issued for employment purposes, then
this provision does not | ||||||
26 | apply to the operation of an occupational vehicle
owned or |
| |||||||
| |||||||
1 | leased by that person's employer. A
restricted driving permit | ||||||
2 | issued under this Section shall be subject to
cancellation, | ||||||
3 | revocation, and suspension by the Secretary of State in like
| ||||||
4 | manner and for like cause as a driver's license issued under | ||||||
5 | this Code may be
cancelled, revoked, or suspended; except that | ||||||
6 | a conviction upon one or more
offenses against laws or | ||||||
7 | ordinances regulating the movement of traffic
shall be deemed | ||||||
8 | sufficient cause for the revocation, suspension, or
| ||||||
9 | cancellation of a restricted driving permit.
The revocation | ||||||
10 | periods contained in this subparagraph shall apply to similar
| ||||||
11 | out-of-state convictions.
| ||||||
12 | (e) This Section is subject to the provisions of the Driver | ||||||
13 | License
Compact.
| ||||||
14 | (f) Any revocation imposed upon any person under | ||||||
15 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
16 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
17 | period of time.
| ||||||
18 | (g) The Secretary of State shall not issue a restricted | ||||||
19 | driving permit to
a person under the age of 16 years whose | ||||||
20 | driving privileges have been revoked
under any provisions of | ||||||
21 | this Code.
| ||||||
22 | (h) The Secretary of State shall require the use of | ||||||
23 | ignition interlock
devices on all vehicles owned by an | ||||||
24 | individual who has been convicted of a
second or subsequent | ||||||
25 | offense under Section 11-501 of this Code or a similar
| ||||||
26 | provision of a local ordinance. The Secretary shall establish |
| |||||||
| |||||||
1 | by rule and
regulation the procedures for certification and use | ||||||
2 | of the interlock
system.
| ||||||
3 | (i) The Secretary of State may not issue a restricted | ||||||
4 | driving permit for
a period of one year after a second or | ||||||
5 | subsequent revocation of driving
privileges under clause | ||||||
6 | (a)(2) of this Section; however, one
year after the date of a | ||||||
7 | second or subsequent revocation of driving privileges
under | ||||||
8 | clause (a)(2) of this Section, the Secretary of State may,
upon | ||||||
9 | application, issue a restricted driving permit under the terms | ||||||
10 | and
conditions of subsection (c).
| ||||||
11 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
12 | State may not issue a restricted driving permit for the | ||||||
13 | operation of a commercial motor vehicle to a person holding a | ||||||
14 | CDL whose driving privileges have been revoked under any | ||||||
15 | provisions of this Code.
| ||||||
16 | (Source: P.A. 93-120, eff. 1-1-04; 94-307, eff. 9-30-05.)
| ||||||
17 | Section 95. No acceleration or delay. Where this Act makes | ||||||
18 | changes in a statute that is represented in this Act by text | ||||||
19 | that is not yet or no longer in effect (for example, a Section | ||||||
20 | represented by multiple versions), the use of that text does | ||||||
21 | not accelerate or delay the taking effect of (i) the changes | ||||||
22 | made by this Act or (ii) provisions derived from any other | ||||||
23 | Public Act. | ||||||
24 | Section 97. Severability. The provisions of this Act are |
| |||||||
| |||||||
1 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
2 | Section 99. Effective date. This Act takes effect January | ||||||
3 | 1, 2008.
|