Full Text of HB0408 95th General Assembly
HB0408eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning transportation.
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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 State Finance Act is amended by adding | 5 |
| Sections 5.675 and 6z-69 as follows: | 6 |
| (30 ILCS 105/5.675 new) | 7 |
| Sec. 5.675. The Safe Student Driver Initiative Fund. | 8 |
| (30 ILCS 105/6z-69 new) | 9 |
| Sec. 6z-69. The Safe Student Driver Initiative Fund. The | 10 |
| Safe Student Driver Initiative Fund is created as a special | 11 |
| fund in the State treasury. The Secretary of State shall, | 12 |
| subject to appropriation, use all moneys in the Safe Student | 13 |
| Driver Initiative Fund to cover all costs associated with the | 14 |
| manufacture, distribution, and administration of Student | 15 |
| Driver signs and any other costs associated with the Graduated | 16 |
| Licensing Program.
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| Section 10. The Illinois Vehicle Code is amended by | 18 |
| changing Sections 6-107, 6-107.1, and 6-118 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 | 2 |
| develop safe and mature driving habits in young,
inexperienced | 3 |
| 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 | 6 |
| period before
granting
permission to obtain a driver's | 7 |
| license;
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| (2) strengthening driver licensing and testing | 9 |
| standards for persons under
the age of 21 years;
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| (3) sanctioning driving privileges of drivers under | 11 |
| age 21 who have
committed serious traffic violations or | 12 |
| other specified offenses; and
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| (4) setting stricter standards to promote the public's | 14 |
| health and
safety.
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| (b) The application of any person under
the age of 18 | 16 |
| 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 | 18 |
| laws of this
State, shall be accompanied by the written consent | 19 |
| of either parent of the
applicant; otherwise by the guardian | 20 |
| having custody of the applicant, or
in the event there is no | 21 |
| parent or guardian, then by another responsible adult. The | 22 |
| written consent must accompany any application for a driver's | 23 |
| license under this subsection (b), regardless of whether or not | 24 |
| the required written consent also accompanied the person's | 25 |
| previous application for an instruction permit.
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| No graduated driver's license shall be issued to any |
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| applicant under 18
years
of age, unless the applicant is at | 2 |
| least 16 years of age and has:
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| (1) Held a valid instruction permit for a minimum of 3 | 4 |
| months.
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| (2) Passed an approved driver education course
and | 6 |
| submits proof of having passed the course as may
be | 7 |
| required.
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| (3) Certification by the parent, legal guardian, or | 9 |
| responsible adult that
the applicant has had a minimum of | 10 |
| 50 hours of behind-the-wheel practice time, at least 10 | 11 |
| hours of which have been at night,
and is sufficiently | 12 |
| prepared and able to safely operate a motor vehicle.
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| (b-1) No graduated
driver's license shall be issued to any | 14 |
| applicant who is under 18 years of age
and not legally | 15 |
| emancipated by marriage, unless the applicant has graduated
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| from a secondary school of this State or any other state, is | 17 |
| enrolled in a
course leading to a general educational | 18 |
| development (GED) certificate, has
obtained a GED certificate, | 19 |
| is enrolled in an elementary or secondary school or college or | 20 |
| university
of this State or any other state and is not a | 21 |
| chronic or habitual truant as provided in Section 26-2a of the | 22 |
| School Code, or is receiving home instruction and submits proof | 23 |
| of meeting any of those
requirements at the time of | 24 |
| application.
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| An applicant under 18 years of age who provides proof | 26 |
| acceptable to the Secretary that the applicant has resumed |
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| regular school attendance or home instruction or that his or | 2 |
| her application was denied in error shall be eligible to | 3 |
| receive a graduated license if other requirements are met. The | 4 |
| Secretary shall adopt rules for implementing this subsection | 5 |
| (b-1).
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| (c) No graduated driver's license or permit shall be issued | 7 |
| to
any applicant under 18
years of age who has committed the | 8 |
| offense of operating a motor vehicle
without a valid license or | 9 |
| permit in violation of Section 6-101 of this Code
and no | 10 |
| graduated driver's
license or permit shall be issued to any | 11 |
| applicant under 18 years of age
who has committed an offense | 12 |
| that would otherwise result in a
mandatory revocation of a | 13 |
| license or permit as provided in Section 6-205 of
this Code or | 14 |
| who has been either convicted of or adjudicated a delinquent | 15 |
| based
upon a violation of the Cannabis Control Act, the | 16 |
| Illinois Controlled
Substances Act, or the Methamphetamine | 17 |
| Control and Community Protection Act while that individual was | 18 |
| in actual physical control of a motor
vehicle. For purposes of | 19 |
| this Section, any person placed on probation under
Section 10 | 20 |
| of the Cannabis Control Act, Section 410 of the Illinois
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| Controlled Substances Act, or Section 70 of the Methamphetamine | 22 |
| Control and Community Protection Act shall not be considered | 23 |
| convicted. Any person found
guilty of this offense, while in | 24 |
| actual physical control of a motor vehicle,
shall have an entry | 25 |
| made in the court record by the judge that this offense did
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| occur while the person was in actual physical control of a |
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| motor vehicle and
order the clerk of the court to report the | 2 |
| violation to the Secretary of State
as such.
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| (d) No graduated driver's license shall be issued for 6 | 4 |
| months to any
applicant
under
the
age of 18 years who has been | 5 |
| convicted of any offense defined as a serious
traffic violation | 6 |
| 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 | 8 |
| 18 years shall operate any
motor vehicle, except a motor driven | 9 |
| cycle or motorcycle, with
more than one passenger in the front | 10 |
| seat of the motor vehicle
and no more passengers in the back | 11 |
| seats than the number of available seat
safety belts as set | 12 |
| forth in Section 12-603 of this Code.
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| (f) No graduated driver's license holder under the age of | 14 |
| 18 shall operate a
motor vehicle unless each driver and | 15 |
| passenger under the
age of 19 is wearing a properly adjusted | 16 |
| and fastened seat safety belt and each child under the age of 8 | 17 |
| is protected as required under the Child Passenger Protection | 18 |
| Act.
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| (g) If a graduated driver's license holder is under the age | 20 |
| of 18 when he
or she receives the license, for the first 6 | 21 |
| months he or she holds the license
or
until he or she reaches | 22 |
| 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 | 24 |
| passenger in the
vehicle
who is under the age of 20, unless any | 25 |
| additional passenger or passengers are
siblings, | 26 |
| step-siblings, children, or stepchildren of the driver. |
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| (h) A person holding a graduated driver's license under | 2 |
| this Section must display on any vehicle he or she is driving a | 3 |
| sign or signs, approved by the Secretary of State, indicating | 4 |
| that the vehicle is being driven by a new driver. | 5 |
| The Secretary shall adopt rules for implementing this | 6 |
| subsection (h). The rules shall address, among other issues, | 7 |
| the issue of whether a fee shall be charged for obtaining the | 8 |
| sign or signs and the amount of the fee, if any.
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| (Source: P.A. 93-101, eff. 1-1-04; 93-788, eff. 1-1-05; 94-239, | 10 |
| eff. 1-1-06; 94-241, eff. 1-1-06; 94-556, eff. 9-11-05; 94-897, | 11 |
| eff. 6-22-06; 94-916, eff. 7-1-07; revised 8-3-06.)
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| (625 ILCS 5/6-107.1)
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| Sec. 6-107.1. Instruction permit for a minor.
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| (a) The Secretary of State, upon
receiving proper | 15 |
| application and payment of the required fee, may issue an
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| instruction permit to any person under the age of 18 years who | 17 |
| is
not ineligible for a license under paragraphs 1, 3, 4, 5, 7, | 18 |
| or 8 of Section
6-103, after the applicant has successfully | 19 |
| passed such examination as the
Secretary of State in his | 20 |
| discretion may prescribe.
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| (1) An instruction permit issued under this Section
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| shall be valid for a period of 24 months after the date of | 23 |
| its
issuance and shall be restricted, by the Secretary of | 24 |
| State, to the operation
of a motor vehicle by the minor | 25 |
| only when accompanied by the adult instructor
of a driver |
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| education program during enrollment in the program or when
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| practicing with a parent,
legal guardian, family member, or | 3 |
| a person in loco parentis who is 21
years of age or more, | 4 |
| has a license classification to operate such vehicle
and at | 5 |
| least one year of driving experience, and who is occupying | 6 |
| a seat beside
the driver.
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| (2) A 24 month instruction permit for a motor driven | 8 |
| cycle may be issued
to
a person 16 or 17 years of age and | 9 |
| entitles the holder to drive upon the
highways during | 10 |
| daylight under direct supervision of a licensed motor | 11 |
| driven
cycle operator or motorcycle operator 21 years of | 12 |
| age or older who has a
license classification to operate | 13 |
| such motor driven cycle or motorcycle and at
least one year | 14 |
| of driving experience.
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| (3) A 24 month instruction permit for a motorcycle | 16 |
| other than a motor
driven
cycle may be issued to a person | 17 |
| 16 or 17 years of age in accordance with the
provisions of | 18 |
| paragraph 2 of Section 6-103 and entitles a holder to drive | 19 |
| upon
the highways during daylight under the direct | 20 |
| supervision of a licensed
motorcycle operator 21 years of | 21 |
| age or older who has at least one year of
driving
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| experience.
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| (b) An instruction permit issued under this Section when | 24 |
| issued to a person
under the
age of 17 years shall, as a matter | 25 |
| of law, be invalid for the operation of any
motor
vehicle | 26 |
| during the same time the child is prohibited from being on any |
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| street
or highway under the provisions of the Child Curfew Act. | 2 |
| (b-1) No instruction permit shall be issued to any | 3 |
| applicant who is under the age of 18 years and who has been | 4 |
| certified to be a chronic or habitual truant, as defined in | 5 |
| Section 26-2a of the School Code. | 6 |
| An applicant under the age of 18 years who provides proof | 7 |
| that he or she has resumed regular school attendance or that | 8 |
| his or her application was denied in error shall be eligible to | 9 |
| receive an instruction permit if other requirements are met. | 10 |
| The Secretary shall adopt rules for implementing this | 11 |
| subsection (b-1).
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| (c) Any person under the age of 16 years who possesses an | 13 |
| instruction permit
and
whose
driving privileges have been | 14 |
| suspended or revoked under the provisions of this
Code shall | 15 |
| not be granted a Family Financial Responsibility Driving Permit | 16 |
| or a
Restricted Driving Permit. | 17 |
| (d) A person holding an instruction permit under this | 18 |
| Section must display on any vehicle he or she is driving a sign | 19 |
| or signs, approved by the Secretary of State, indicating that | 20 |
| the vehicle is being driven by a new driver. | 21 |
| The Secretary shall adopt rules for implementing this | 22 |
| subsection (d). The rules shall address, among other issues, | 23 |
| the issue of whether a fee shall be charged for obtaining the | 24 |
| sign or signs and the amount of the fee, if any.
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| (Source: P.A. 94-916, eff. 7-1-07.)
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| (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
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| Sec. 6-118. Fees.
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| (a) The fee for licenses and permits under this
Article is | 4 |
| as follows:
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| Original driver's license ............................$10
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| Original or renewal driver's license
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| issued to 18, 19 and 20 year olds ..................5
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| All driver's licenses for persons
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| age 69 through age 80 ..............................5
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| All driver's licenses for persons
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| age 81 through age 86 ..............................2
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| All driver's licenses for persons
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| age 87 or older ....................................0
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| Renewal driver's license (except for
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| applicants ages 18, 19 and 20 or
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| age 69 and older) .................................10
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| Original instruction permit issued to
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| persons under the age of 18
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| who do not hold or have not previously
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| held an Illinois instruction permit or
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| driver's license ..................................22
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| Original instruction permit issued to
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| persons age 18 or older (except those age 69 and older)
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| who do not hold or have not previously
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| held an Illinois instruction permit or
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| driver's license ..................................20
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| Instruction permit issued to any person
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| holding an Illinois driver's license
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| who wishes a change in classifications,
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| other than at the time of renewal ..................5
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| Any instruction permit issued to a person
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| age 69 and older ...................................5
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| Instruction permit issued to any person,
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| under age 69, not currently holding a
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| valid Illinois driver's license or
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| instruction permit but who has
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| previously been issued either document
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| in Illinois .......................................10
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| Restricted driving permit ..............................8
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| Duplicate or corrected driver's license
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| or permit ..........................................5
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| Duplicate or corrected restricted
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| driving permit .....................................5
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| Original or renewal M or L endorsement .................5
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| SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
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| The fees for commercial driver licenses and permits | 21 |
| under Article V
shall be as follows:
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| Commercial driver's license:
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| $6 for the CDLIS/AAMVAnet Fund
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| (Commercial Driver's License Information
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| System/American Association of Motor Vehicle
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| Administrators network Trust Fund);
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| $20 for the Motor Carrier Safety Inspection Fund;
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| $10 for the driver's license;
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| and $24 for the CDL: .............................$60
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| Renewal commercial driver's license:
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| $6 for the CDLIS/AAMVAnet Trust Fund;
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| $20 for the Motor Carrier Safety Inspection Fund;
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| $10 for the driver's license; and
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| $24 for the CDL: .................................$60
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| Commercial driver instruction permit
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| issued to any person holding a valid
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| Illinois driver's license for the
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| purpose of changing to a
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| CDL classification: $6 for the
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| CDLIS/AAMVAnet Trust Fund;
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| $20 for the Motor Carrier
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| Safety Inspection Fund; and
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| $24 for the CDL classification ...................$50
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| Commercial driver instruction permit
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| issued to any person holding a valid
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| Illinois CDL for the purpose of
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| making a change in a classification,
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| endorsement or restriction ........................$5
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| CDL duplicate or corrected license ....................$5
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| In order to ensure the proper implementation of the Uniform | 25 |
| Commercial
Driver License Act, Article V of this Chapter, the | 26 |
| Secretary of State is
empowered to pro-rate the $24 fee for the |
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| commercial driver's license
proportionate to the expiration | 2 |
| date of the applicant's Illinois driver's
license.
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| The fee for any duplicate license or permit shall be waived | 4 |
| for any
person age 60 or older who presents the Secretary of | 5 |
| State's office with a
police report showing that his license or | 6 |
| permit was stolen.
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| No additional fee shall be charged for a driver's license, | 8 |
| or for a
commercial driver's license, when issued
to the holder | 9 |
| of an instruction permit for the same classification or
type of | 10 |
| license who becomes eligible for such
license.
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| (b) Any person whose license or privilege to operate a | 12 |
| motor vehicle
in this State has been suspended or revoked under | 13 |
| Section 3-707, any
provision of
Chapter 6, Chapter 11, or | 14 |
| Section 7-205, 7-303, or 7-702 of the Family
Financial
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| Responsibility Law of this Code, shall in addition to any other
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| fees required by this Code, pay a reinstatement fee as follows:
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| Suspension under Section 3-707 .....................
$100
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| Summary suspension under Section 11-501.1 ...........$250
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| Other suspension .....................................$70
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| Revocation ..........................................$500
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| However, any person whose license or privilege to operate a | 22 |
| motor vehicle
in this State has been suspended or revoked for a | 23 |
| second or subsequent time
for a violation of Section 11-501 or | 24 |
| 11-501.1
of this Code or a similar provision of a local | 25 |
| ordinance
or a similar out-of-state offense
or Section 9-3 of | 26 |
| the Criminal Code of 1961
and each suspension or revocation was |
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| for a violation of Section 11-501 or
11-501.1 of this Code or a | 2 |
| similar provision of a local ordinance
or a similar | 3 |
| out-of-state offense
or Section
9-3 of the Criminal Code of | 4 |
| 1961
shall pay, in addition to any other
fees required by this | 5 |
| Code, a
reinstatement
fee as follows:
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| Summary suspension under Section 11-501.1 ...........$500
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| Revocation ..........................................$500
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| (c) All fees collected under the provisions of this Chapter | 9 |
| 6 shall be
paid into the Road Fund in the State Treasury except | 10 |
| as follows:
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| 1. The following amounts shall be paid into the Driver | 12 |
| Education Fund:
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| (A) $16 of the $20 or $22
fee for an original | 14 |
| driver's instruction permit;
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| (B) $5 of the $10 fee for an original driver's | 16 |
| license;
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| (C) $5 of the $10 fee for a 4 year renewal driver's | 18 |
| license;
and
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| (D) $4 of the $8 fee for a restricted driving | 20 |
| permit.
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| 2. $30 of the $250 fee for reinstatement of a
license
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| summarily suspended under Section 11-501.1 shall be | 23 |
| deposited into the
Drunk and Drugged Driving Prevention | 24 |
| Fund.
However, for a person whose license or privilege to | 25 |
| operate a motor vehicle
in this State has been suspended or | 26 |
| revoked for a second or subsequent time for
a violation of |
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| Section 11-501 or 11-501.1 of this Code or Section 9-3 of | 2 |
| the
Criminal Code of 1961,
$190 of the $500 fee for | 3 |
| reinstatement of a license summarily
suspended under
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| Section 11-501.1,
and $190 of the $500 fee for | 5 |
| reinstatement of a revoked license
shall be deposited into | 6 |
| the Drunk and Drugged Driving Prevention Fund.
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| 3. $6 of such original or renewal fee for a commercial | 8 |
| driver's
license and $6 of the commercial driver | 9 |
| instruction permit fee when such
permit is issued to any | 10 |
| person holding a valid Illinois driver's license,
shall be | 11 |
| paid into the CDLIS/AAMVAnet Trust Fund.
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| 4. $30 of the $70 fee for reinstatement of a license | 13 |
| suspended
under the
Family
Financial Responsibility Law | 14 |
| shall be paid into the Family Responsibility
Fund.
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| 5. The $5 fee for each original or renewal M or L | 16 |
| endorsement shall be
deposited into the Cycle Rider Safety | 17 |
| Training Fund.
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| 6. $20 of any original or renewal fee for a commercial | 19 |
| driver's
license or commercial driver instruction permit | 20 |
| shall be paid into the Motor
Carrier Safety Inspection | 21 |
| Fund.
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| 7. The following amounts shall be paid into the General | 23 |
| Revenue Fund:
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| (A) $190 of the $250 reinstatement fee for a | 25 |
| summary suspension under
Section 11-501.1;
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| (B) $40 of the $70 reinstatement fee for any other |
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| suspension provided
in subsection (b) of this Section; | 2 |
| and
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| (C) $440 of the $500 reinstatement fee for a first | 4 |
| offense revocation
and $310 of the $500 reinstatement | 5 |
| fee for a second or subsequent revocation.
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| 8. $2 of the $22 fee for an original driver's | 7 |
| instruction permit issued to persons under the age of 18 | 8 |
| shall be paid into The Safe Student Driver Initiative Fund.
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| (Source: P.A. 93-32, eff. 1-1-04; 93-788, eff. 1-1-05; 94-1035, | 10 |
| eff. 7-1-07.)
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| Section 99. Effective date. This Act takes effect July 1, | 12 |
| 2008.
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