Illinois General Assembly - Full Text of SB1871
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Full Text of SB1871  98th General Assembly

SB1871 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1871

 

Introduced 2/15/2013, by Sen. Linda Holmes

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-201
625 ILCS 5/6-306.6  from Ch. 95 1/2, par. 6-306.6
625 ILCS 5/7-214  from Ch. 95 1/2, par. 7-214
625 ILCS 5/7-303  from Ch. 95 1/2, par. 7-303
625 ILCS 5/7-316.1

    Amends the Illinois Vehicle Code. Allows the Secretary of State to cancel the driver's license of a nonresident or former Illinois resident who has submitted satisfactory documentation to the Secretary of State to be released from the requirement of showing proof of financial responsibility. Limits the Secretary of State's authority to deny renewal upon notification that a driver has an unpaid fine in another state to only those states that are members of the Nonresident Violator Compact of 1977. Allows the Secretary of State to suspend the registration, plates, and registration sticker of a judgment debtor's motor vehicle if that vehicle was involved in the crash leading to the judgment as indicated by the authenticated crash report. Allows the Secretary of State to transfer the balance of a security posted with the Secretary to the State Treasury if, after releasing security to a judgment debtor or claimant, the balanced is $5 or less. Requires the Secretary to compile a list of all security amounts $5 or less annually and file this list with the State Treasurer.


LRB098 10252 MLW 40416 b

 

 

A BILL FOR

 

SB1871LRB098 10252 MLW 40416 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 6-201, 6-306.6, 7-214, 7-303, and 7-316.1 as follows:
 
6    (625 ILCS 5/6-201)
7    Sec. 6-201. Authority to cancel licenses and permits.
8    (a) The Secretary of State is authorized to cancel any
9license or permit upon determining that the holder thereof:
10        1. was not entitled to the issuance thereof hereunder;
11    or
12        2. failed to give the required or correct information
13    in his application; or
14        3. failed to pay any fees, civil penalties owed to the
15    Illinois Commerce Commission, or taxes due under this Act
16    and upon reasonable notice and demand; or
17        4. committed any fraud in the making of such
18    application; or
19        5. is ineligible therefor under the provisions of
20    Section 6-103 of this Act, as amended; or
21        6. has refused or neglected to submit an alcohol, drug,
22    and intoxicating compound evaluation or to submit to
23    examination or re-examination as required under this Act;

 

 

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1    or
2        7. has been convicted of violating the Cannabis Control
3    Act, the Illinois Controlled Substances Act, the
4    Methamphetamine Control and Community Protection Act, or
5    the Use of Intoxicating Compounds Act while that individual
6    was in actual physical control of a motor vehicle. For
7    purposes of this Section, any person placed on probation
8    under Section 10 of the Cannabis Control Act, Section 410
9    of the Illinois Controlled Substances Act, or Section 70 of
10    the Methamphetamine Control and Community Protection Act
11    shall not be considered convicted. Any person found guilty
12    of this offense, while in actual physical control of a
13    motor vehicle, shall have an entry made in the court record
14    by the judge that this offense did occur while the person
15    was in actual physical control of a motor vehicle and order
16    the clerk of the court to report the violation to the
17    Secretary of State as such. After the cancellation, the
18    Secretary of State shall not issue a new license or permit
19    for a period of one year after the date of cancellation.
20    However, upon application, the Secretary of State may, if
21    satisfied that the person applying will not endanger the
22    public safety, or welfare, issue a restricted driving
23    permit granting the privilege of driving a motor vehicle
24    between the petitioner's residence and petitioner's place
25    of employment or within the scope of the petitioner's
26    employment related duties, or to allow transportation for

 

 

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1    the petitioner or a household member of the petitioner's
2    family for the receipt of necessary medical care, or
3    provide transportation for the petitioner to and from
4    alcohol or drug remedial or rehabilitative activity
5    recommended by a licensed service provider, or for the
6    petitioner to attend classes, as a student, in an
7    accredited educational institution. The petitioner must
8    demonstrate that no alternative means of transportation is
9    reasonably available; provided that the Secretary's
10    discretion shall be limited to cases where undue hardship,
11    as defined by the rules of the Secretary of State, would
12    result from a failure to issue such restricted driving
13    permit. In each case the Secretary of State may issue such
14    restricted driving permit for such period as he deems
15    appropriate, except that such permit shall expire within
16    one year from the date of issuance. A restricted driving
17    permit issued hereunder shall be subject to cancellation,
18    revocation and suspension by the Secretary of State in like
19    manner and for like cause as a driver's license issued
20    hereunder may be cancelled, revoked or suspended; except
21    that a conviction upon one or more offenses against laws or
22    ordinances regulating the movement of traffic shall be
23    deemed sufficient cause for the revocation, suspension or
24    cancellation of a restricted driving permit. The Secretary
25    of State may, as a condition to the issuance of a
26    restricted driving permit, require the applicant to

 

 

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1    participate in a driver remedial or rehabilitative
2    program. In accordance with 49 C.F.R. 384, the Secretary of
3    State may not issue a restricted driving permit for the
4    operation of a commercial motor vehicle to a person holding
5    a CDL whose driving privileges have been revoked,
6    suspended, cancelled, or disqualified under this Code; or
7        8. failed to submit a report as required by Section
8    6-116.5 of this Code; or
9        9. has been convicted of a sex offense as defined in
10    the Sex Offender Registration Act. The driver's license
11    shall remain cancelled until the driver registers as a sex
12    offender as required by the Sex Offender Registration Act,
13    proof of the registration is furnished to the Secretary of
14    State and the sex offender provides proof of current
15    address to the Secretary; or
16        10. is ineligible for a license or permit under Section
17    6-107, 6-107.1, or 6-108 of this Code; or
18        11. refused or neglected to appear at a Driver Services
19    facility to have the license or permit corrected and a new
20    license or permit issued or to present documentation for
21    verification of identity; or
22        12. failed to submit a medical examiner's certificate
23    or medical variance as required by 49 C.F.R. 383.71 or
24    submitted a fraudulent medical examiner's certificate or
25    medical variance; or
26        13. has had his or her medical examiner's certificate,

 

 

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1    medical variance, or both removed or rescinded by the
2    Federal Motor Carrier Safety Administration; or
3        14. failed to self-certify as to the type of driving in
4    which the CDL driver engages or expects to engage; or .
5        15. has submitted acceptable documentation indicating
6    out-of-state residency to the Secretary of State to be
7    released from the requirement of showing proof of financial
8    responsibility in this State.
9    (b) Upon such cancellation the licensee or permittee must
10surrender the license or permit so cancelled to the Secretary
11of State.
12    (c) Except as provided in Sections 6-206.1 and 7-702.1, the
13Secretary of State shall have exclusive authority to grant,
14issue, deny, cancel, suspend and revoke driving privileges,
15drivers' licenses and restricted driving permits.
16    (d) The Secretary of State may adopt rules to implement
17this Section.
18(Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11;
1997-813, eff. 7-13-12; 97-835, eff. 7-20-12.)
 
20    (625 ILCS 5/6-306.6)  (from Ch. 95 1/2, par. 6-306.6)
21    Sec. 6-306.6. Failure to pay traffic fines, penalties, or
22court costs.
23    (a) Whenever any resident of this State fails to pay any
24traffic fine, penalty, or cost imposed for a violation of this
25Code, or similar provision of local ordinance, the clerk may

 

 

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1notify the Secretary of State, on a report prescribed by the
2Secretary, and the Secretary shall prohibit the renewal,
3reissue or reinstatement of such resident's driving privileges
4until such fine, penalty, or cost has been paid in full. The
5clerk shall provide notice to the driver, at the driver's last
6known address as shown on the court's records, stating that
7such action will be effective on the 46th day following the
8date of the above notice if payment is not received in full by
9the court of venue.
10    (a-1) Whenever any resident of this State who has made a
11partial payment on any traffic fine, penalty, or cost that was
12imposed under a conviction entered on or after the effective
13date of this amendatory Act of the 93rd General Assembly, for a
14violation of this Code or a similar provision of a local
15ordinance, fails to pay the remainder of the outstanding fine,
16penalty, or cost within the time limit set by the court, the
17clerk may notify the Secretary of State, on a report prescribed
18by the Secretary, and the Secretary shall prohibit the renewal,
19reissue, or reinstatement of the resident's driving privileges
20until the fine, penalty, or cost has been paid in full. The
21clerk shall provide notice to the driver, at the driver's last
22known address as shown on the court's records, stating that the
23action will be effective on the 46th day following the date of
24the notice if payment is not received in full by the court of
25venue.
26    (b) Except as provided in subsection (b-1), following

 

 

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1receipt of the report from the clerk, the Secretary of State
2shall make the proper notation to the driver's file to prohibit
3the renewal, reissue or reinstatement of such driver's driving
4privileges. Except as provided in paragraph (2) of subsection
5(d) of this Section, such notation shall not be removed from
6the driver's record until the driver satisfies the outstanding
7fine, penalty, or cost and an appropriate notice on a form
8prescribed by the Secretary is received by the Secretary from
9the court of venue, stating that such fine, penalty, or cost
10has been paid in full. Upon payment in full of a traffic fine,
11penalty, or court cost which has previously been reported under
12this Section as unpaid, the clerk of the court shall present
13the driver with a signed receipt containing the seal of the
14court indicating that such fine, penalty, or cost has been paid
15in full, and shall forward forthwith to the Secretary of State
16a notice stating that the fine, penalty, or cost has been paid
17in full.
18    (b-1) In a county with a population of 3,000,000 or more,
19following receipt of the report from the clerk, the Secretary
20of State shall make the proper notation to the driver's file to
21prohibit the renewal, reissue or reinstatement of such driver's
22driving privileges. Such notation shall not be removed from the
23driver's record until the driver satisfies the outstanding
24fine, penalty, or cost and an appropriate notice on a form
25prescribed by the Secretary is received by the Secretary
26directly from the court of venue, stating that such fine,

 

 

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1penalty, or cost has been paid in full. Upon payment in full of
2a traffic fine, penalty, or court cost which has previously
3been reported under this Section as unpaid, the clerk of the
4court shall forward forthwith directly to the Secretary of
5State a notice stating that the fine, penalty, or cost has been
6paid in full and shall provide the driver with a signed receipt
7containing the seal of the court, indicating that the fine,
8penalty, and cost have been paid in full. The receipt may not
9be used by the driver to clear the driver's record.
10    (c) The provisions of this Section shall be limited to a
11single action per arrest and as a post conviction measure only.
12Fines, penalty, or costs to be collected subsequent to orders
13of court supervision, or other available court diversions are
14not applicable to this Section.
15        (d) (1) Notwithstanding the receipt of a report from
16    the clerk as prescribed in subsections (a) and (e), nothing
17    in this Section is intended to place any responsibility
18    upon the Secretary of State to provide independent notice
19    to the driver of any potential action to disallow the
20    renewal, reissue or reinstatement of such driver's driving
21    privileges.
22        (2) Except as provided in subsection (b-1), the
23    Secretary of State shall renew, reissue or reinstate a
24    driver's driving privileges which were previously refused
25    pursuant to this Section upon presentation of an original
26    receipt which is signed by the clerk of the court and

 

 

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1    contains the seal of the court indicating that the fine,
2    penalty, or cost has been paid in full. The Secretary of
3    State shall retain such receipt for his records.
4    (e) Upon receipt of notification from another state that is
5a member of the Nonresident Violator Compact of 1977, stating a
6resident of this State failed to pay a traffic fine, penalty,
7or cost imposed for a violation that occurs in another state,
8the Secretary shall make the proper notation to the driver's
9license file to prohibit the renewal, reissue, or reinstatement
10of the resident's driving privileges until the fine, penalty,
11or cost has been paid in full. The Secretary of State shall
12renew, reissue, or reinstate the driver's driving privileges
13that were previously refused under this Section upon receipt of
14notification from the other state that indicates that the fine,
15penalty, or cost has been paid in full. The Secretary of State
16shall retain the out-of-state receipt for his or her records.
17(Source: P.A. 94-618, eff. 1-1-06; 95-382, eff. 8-23-07.)
 
18    (625 ILCS 5/7-214)  (from Ch. 95 1/2, par. 7-214)
19    Sec. 7-214. Disposition of Security. Such security shall be
20applicable only to the payment of a judgment or judgments,
21rendered against the person or persons on whose behalf the
22deposit was made, for damages arising out of the accident in
23question, in an action at law, begun not later than two years
24after the later of (i) the date the driver's license and
25registration were suspended following the accident or (ii) the

 

 

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1date of any default in any payment under an installment
2agreement for payment of damages, and such deposit or any
3balance thereof shall be returned to the depositor or his
4personal representative when evidence satisfactory to the
5Secretary of State has been filed with him:
6    1. that there has been a release from liability, or a final
7adjudication of non-liability; or
8    2. a duly acknowledged written agreement in accordance with
9Section 7-208 of this Act; or
10    3. whenever after the expiration of two years after the
11later of (i) the date the driver's license and registration
12were suspended following the accident or (ii) the date of any
13default in any payment under an installment agreement for
14payment of damages, the Secretary of State shall be given
15reasonable evidence that there is no such action pending and no
16judgment rendered in such action left unpaid.
17    If, after releasing security to a judgment debtor or
18claimant, the balance of the security posted with the Secretary
19is $5 or less, the balance shall escheat to the State. The
20Secretary shall compile a list of all security amounts of $5 or
21less annually in July and file with the State Treasurer an
22order directing the transfer of these securities to the General
23Revenue Fund.
24(Source: P.A. 90-774, eff. 8-14-98.)
 
25    (625 ILCS 5/7-303)  (from Ch. 95 1/2, par. 7-303)

 

 

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1    Sec. 7-303. Suspension of driver's licenses, registration
2certificates, license plates and registration stickers for
3failure to satisfy judgment. (a) The Secretary of State shall,
4except as provided in paragraph (d), suspend the driver's
5license issued to any person upon receiving an authenticated
6report as hereinafter provided for in Section 7-307 that the
7such person has failed for a period of 30 days to satisfy any
8final judgment in amounts as hereinafter stated, and shall also
9suspend the all registration certificate certificates, license
10plates and registration sticker stickers of the judgment
11debtor's motor vehicle involved in the crash as indicated
12issued to the person named as the judgment debtor in the any
13such authenticated report.
14    (b) The term "judgment" shall mean: A final judgment of any
15court of competent jurisdiction of any State, against a person
16as defendant for damages on account of bodily injury to or
17death of any person or damages to property resulting from the
18operation, on and after July 12, 1938, of any motor vehicle.
19    (c) The term "State" shall mean: Any State, Territory, or
20possession of the United States, the District of Columbia, or
21any province of the Dominion of Canada.
22    (d) The Secretary of State shall not suspend the driver's
23license, registration certificates, registration stickers or
24license plates of the judgment debtor, nor shall such judgment
25debtor be subject to the suspension provisions of Sections
267-308 and 7-309 if all the following conditions are met:

 

 

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1    1. At the time of the motor vehicle accident which gave
2rise to the unsatisfied judgment the judgment debtor was
3covered by a motor vehicle liability policy or bond meeting the
4requirements of this Chapter;
5    2. The insurance company which issued the policy or bond
6has failed and has suspended operations by order of a court;
7    3. The judgment debtor had no knowledge of the insurance
8company's failure prior to the motor vehicle accident;
9    4. Within 30 days after learning of the insurance company's
10failure the judgment debtor secured another liability policy or
11bond meeting the requirements of this Article relating to
12future occurrences or accidents;
13    5. The insurance company which issued the motor vehicle
14liability policy or bond that covered the judgment debtor at
15the time of the motor vehicle accident is unable to satisfy the
16judgment in the amounts specified in Section 7-311;
17    6. The judgment debtor presents to the Secretary of State
18such certified documents or other proofs as the Secretary of
19State may require that all of the conditions set forth in this
20Section have been met.
21(Source: P.A. 85-321.)
 
22    (625 ILCS 5/7-316.1)
23    Sec. 7-316.1. Nonresidents and former residents; when
24proof not required.
25    (a) Any nonresident or former Illinois resident who (i) has

 

 

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1met all requirements for reinstatement of his or her driving or
2registration privileges under this Chapter except for filing
3proof of financial responsibility, (ii) resides outside of
4Illinois, and (iii) has applied for a driver's license in
5another state, shall be released from the requirement of
6showing proof of financial responsibility in this State if he
7or she presents to the Secretary of State, in a manner
8satisfactory to the Secretary, notice of his or her
9out-of-state residency.
10    (b) Any nonresident or former Illinois resident whose
11driver's license was revoked and who (i) has met all
12requirements for applying for driving privileges except for
13filing proof of financial responsibility under this Chapter,
14(ii) resides outside of Illinois, and (iii) has applied for a
15driver's license in another state, shall be released from the
16requirement of showing proof of financial responsibility in
17this State if he or she presents to the Secretary of State, in
18a manner satisfactory to the Secretary, notice of his or her
19out-of-state residency.
20    (b-5) Any nonresident or former Illinois resident who has
21submitted satisfactory documentation to the Secretary of State
22to be released of showing proof of financial responsibility in
23this State shall have his or her Illinois license cancelled 60
24days after acceptance of notice of cancellation, as provided in
25Section 6-201 of this Code.
26    (c) If a nonresident or former Illinois resident released

 

 

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1from the requirement of showing proof of financial
2responsibility in this State under subsection (a) or subsection
3(b) of this Section moves or returns to this State within 3
4years of the date of release, that person must present to the
5Secretary of State, in a manner satisfactory to the Secretary,
6proof of insurance coverage during the period in which the
7person lived outside of Illinois. A person who fails to present
8the required proof may not be issued a driver's license until
9he or she presents proof of financial responsibility that is
10satisfactory under this Chapter. The proof of financial
11responsibility required under this subsection (c) must be shown
12or maintained for the period of time required under this
13Chapter.
14    (d) The Secretary shall adopt rules for implementing this
15Section.
16(Source: P.A. 94-224, eff. 1-1-06.)