Illinois General Assembly - Full Text of SB0675
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Full Text of SB0675  100th General Assembly

SB0675 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0675

 

Introduced 1/26/2017, by Sen. Steve Stadelman

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/1-118  from Ch. 95 1/2, par. 1-118
625 ILCS 5/6-201
625 ILCS 5/6-401  from Ch. 95 1/2, par. 6-401

    Amends the Illinois Vehicle Code. Adds to the definition of "essential parts" a bed, front bumper, rear bumper, and, for motorcycles, fairings, fuel tanks, and forks. Removes other items from the definition. Provides that the Secretary of State may cancel any license or permit upon determining that the holder has assisted an out-of-state resident in acquiring an Illinois driver's license or identification card by providing or allowing the out-of-state resident to use his or her Illinois address of residence and is complicit in distributing and forwarding the Illinois driver's license or identification card to the out-of-state resident. Provides that any person, firm, association, partnership, or corporation that operates a driver training school without a license issued by the Secretary of State shall be guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second and subsequent offense. Effective immediately.


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A BILL FOR

 

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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 1-118, 6-201, and 6-401 as follows:
 
6    (625 ILCS 5/1-118)  (from Ch. 95 1/2, par. 1-118)
7    Sec. 1-118. Essential parts. All integral and body parts of
8a vehicle of a type required to be registered hereunder, the
9removal, alteration or substitution of which would tend to
10conceal the identity of the vehicle or substantially alter its
11appearance, model, type or mode of operation. "Essential parts"
12includes the following: vehicle hulks, shells, chassis,
13frames, front end assemblies (which may consist of headlight,
14grill, fenders and hood), front clip (front end assembly with
15cowl attached), rear clip (which may consist of quarter panels,
16fenders, floor and top), doors, hatchbacks, fenders, cabs, cab
17clips, cowls, hoods, trunk lids, deck lids, bed, front bumper,
18rear bumper, T-tops, sunroofs, moon roofs, astro roofs,
19transmissions of vehicles of the second division, seats,
20aluminum wheels, engines and similar parts. Essential parts
21also includes fairings, fuel tanks, and forks of motorcycles.
22Essential parts shall also include stereo radios, cassette
23radios, compact disc radios, cassette/compact disc radios and

 

 

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1compact disc players and compact disc changers which are either
2installed in dash or trunk-mounted.
3    An essential part which does not have affixed to it an
4identification number as defined in Section 1-129 adopts the
5identification number of the vehicle to which such part is
6affixed, installed or mounted.
7    An "essential part" does not include an engine,
8transmission, or a rear axle that is used in a glider kit.
9(Source: P.A. 99-748, eff. 8-5-16.)
 
10    (625 ILCS 5/6-201)
11    Sec. 6-201. Authority to cancel licenses and permits.
12    (a) The Secretary of State is authorized to cancel any
13license or permit upon determining that the holder thereof:
14        1. was not entitled to the issuance thereof hereunder;
15    or
16        2. failed to give the required or correct information
17    in his application; or
18        3. failed to pay any fees, civil penalties owed to the
19    Illinois Commerce Commission, or taxes due under this Act
20    and upon reasonable notice and demand; or
21        4. committed any fraud in the making of such
22    application; or
23        5. is ineligible therefor under the provisions of
24    Section 6-103 of this Act, as amended; or
25        6. has refused or neglected to submit an alcohol, drug,

 

 

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

 

 

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

 

 

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

 

 

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1    medical variance; or
2        13. has had his or her medical examiner's certificate,
3    medical variance, or both removed or rescinded by the
4    Federal Motor Carrier Safety Administration; or
5        14. failed to self-certify as to the type of driving in
6    which the CDL driver engages or expects to engage; or
7        15. has submitted acceptable documentation indicating
8    out-of-state residency to the Secretary of State to be
9    released from the requirement of showing proof of financial
10    responsibility in this State; or
11        16. was convicted of fraud relating to the testing or
12    issuance of a CDL or CLP, in which case only the CDL or CLP
13    shall be cancelled. After cancellation, the Secretary
14    shall not issue a CLP or CDL for a period of one year from
15    the date of cancellation; or
16        17. has a special restricted license under subsection
17    (g) of Section 6-113 of this Code and failed to submit the
18    required annual vision specialist report that the special
19    restricted license holder's vision has not changed; or
20        18. has a special restricted license under subsection
21    (g) of Section 6-113 of this Code and was convicted or
22    received court supervision for a violation of this Code
23    that occurred during nighttime hours or was involved in a
24    motor vehicle accident during nighttime hours in which the
25    restricted license holder was at fault; or .
26        19. has assisted an out-of-state resident in acquiring

 

 

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1    an Illinois driver's license or identification card by
2    providing or allowing the out-of-state resident to use his
3    or her Illinois address of residence and is complicit in
4    distributing and forwarding the Illinois driver's license
5    or identification card to the out-of-state resident.
6    (b) Upon such cancellation the licensee or permittee must
7surrender the license or permit so cancelled to the Secretary
8of State.
9    (c) Except as provided in Sections 6-206.1 and 7-702.1, the
10Secretary of State shall have exclusive authority to grant,
11issue, deny, cancel, suspend and revoke driving privileges,
12drivers' licenses and restricted driving permits.
13    (d) The Secretary of State may adopt rules to implement
14this Section.
15(Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11;
1697-813, eff. 7-13-12; 97-835, eff. 7-20-12; 98-176 (see Section
1710 of P.A. 98-722 and Section 10 of P.A. 99-414 for the
18effective date of changes made by P.A. 98-176); 98-178, eff.
191-1-14; 98-747, eff. 1-1-15; 98-756, eff. 7-16-14.)
 
20    (625 ILCS 5/6-401)  (from Ch. 95 1/2, par. 6-401)
21    Sec. 6-401. Driver training schools-license required.
22    (a) No person, firm, association, partnership or
23corporation shall operate a driver training school or engage in
24the business of giving instruction for hire or for a fee in (1)
25the driving of motor vehicles; or (2) the preparation of an

 

 

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1applicant for examination given by the Secretary of State for a
2drivers license or permit, unless a license therefor has been
3issued by the Secretary. No public schools or educational
4institutions shall contract with entities engaged in the
5business of giving instruction for hire or for a fee in the
6driving of motor vehicles for the preparation of an applicant
7for examination given by the Secretary of State for a driver's
8license or permit, unless a license therefor has been issued by
9the Secretary.
10    This subsection (a) Section shall not apply to (i) public
11schools or to educational institutions in which driving
12instruction is part of the curriculum, (ii) employers giving
13instruction to their employees, or (iii) schools that teach
14enhanced driving skills to licensed drivers as set forth in
15Article X of Chapter 6 of this Code.
16    (b) Any person, firm, association, partnership, or
17corporation that violates subsection (a) of this Section shall
18be guilty of a Class A misdemeanor for a first offense and a
19Class 4 felony for a second or subsequent offense.
20(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10; 97-229,
21eff. 7-28-11.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.