Full Text of HB1565 94th General Assembly
HB1565enr 94TH 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 Illinois Identification Card Act is amended | 5 |
| by changing Section 14 as follows:
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| (15 ILCS 335/14)
(from Ch. 124, par. 34)
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| Sec. 14. Unlawful use of identification card.
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| (a) It is a violation of this Section for any person:
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| 1. To possess, display, or cause to be displayed
any | 10 |
| cancelled or revoked identification card;
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| 2. To display or represent as the person's own any
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| identification
card issued to another;
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| 3. To allow any unlawful use of an identification card
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| issued to the person;
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| 4. To lend an identification card to
another or | 16 |
| knowingly allow the use
thereof by another;
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| 5. To fail or refuse to surrender to the Secretary of | 18 |
| State, the
Secretary's agent or any peace officer upon | 19 |
| lawful demand, any
identification card
which has
been | 20 |
| revoked or cancelled;
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| 6. To possess, use, or allow to be used any materials, | 22 |
| hardware, or
software specifically designed for or | 23 |
| primarily used in the manufacture,
assembly,
issuance, or | 24 |
| authentication of an official Illinois Identification Card | 25 |
| or
Illinois
Disabled Person Identification Card issued by | 26 |
| the Secretary of State ; or .
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| 7.
6. To knowingly possess, use, or allow to be used a | 28 |
| stolen identification card making implement. | 29 |
| (a-1) It is a violation of this Section for any person to | 30 |
| possess, use, or allow to be used any materials, hardware, or | 31 |
| software specifically designed for or primarily used in the | 32 |
| reading of encrypted language from the bar code or magnetic |
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| strip of an official Illinois Identification Card or Illinois | 2 |
| Disabled Person Identification Card issued by the Secretary of | 3 |
| State. This subsection (a-1) does not apply if a federal or | 4 |
| State law, rule, or regulation requires that the card holder's | 5 |
| address be recorded in specified transactions or if the | 6 |
| encrypted information is obtained for the detection or possible | 7 |
| prosecution of criminal offenses or fraud. If the address | 8 |
| information is obtained under this subsection (a-1), it may be | 9 |
| used only for the purposes authorized by this subsection
(a-1).
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| (a-5) As used in this Section "identification card" means | 11 |
| any document
made or issued by or under the authority of the | 12 |
| United States Government, the
State of Illinois or any other | 13 |
| State or political subdivision thereof, or any
governmental or | 14 |
| quasi-governmental organization that, when completed with
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| information concerning the individual, is of a type intended or | 16 |
| commonly
accepted for the purpose of identifying the | 17 |
| individual.
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| (b) Sentence.
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| 1. Any person convicted of a violation of this Section | 20 |
| shall be guilty
of a Class A misdemeanor and shall be | 21 |
| sentenced to a minimum fine of $500 or
50 hours of | 22 |
| community service, preferably at an alcohol abuse | 23 |
| prevention
program, if available.
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| 2. A person convicted of a second or subsequent | 25 |
| violation of this
Section shall be guilty of a Class 4 | 26 |
| felony.
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| (c) This Section does not prohibit any lawfully authorized
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| investigative, protective, law enforcement or other activity | 29 |
| of any agency
of the United States, State of Illinois or any | 30 |
| other state or political
subdivision thereof.
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| (Source: P.A. 93-667, eff. 3-19-04; 93-895, eff. 1-1-05; | 32 |
| revised 10-25-04.)
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| Section 10. The Illinois Vehicle Code is amended by | 34 |
| changing Sections 3-113, 3-401, 3-412, 3-416, 3-704, 3-802, | 35 |
| 3-803, 3-818, 6-107, 6-301.2, 7-315, 7-318, 7-503, and 12-603.1 |
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| as follows: | 2 |
| (625 ILCS 5/3-113) (from Ch. 95 1/2, par. 3-113)
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| Sec. 3-113. Transfer to or from dealer; records.
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| (a) After
If a dealer buys a vehicle and holds it for | 5 |
| resale , the
dealer must procure
and procures the
certificate of | 6 |
| title from the owner or the lienholder . The dealer may hold
the | 7 |
| certificate until he or she transfers the vehicle to another | 8 |
| person.
within 10 days
after
delivery to him of the vehicle, he | 9 |
| need not send the certificate to the
Secretary of State but,
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| Upon transferring the vehicle to another person ,
the dealer
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| other
than by the creation of a security interest, shall | 12 |
| promptly and within 20
days
execute the assignment and warranty | 13 |
| of title by a dealer, showing the names and
addresses of the | 14 |
| transferee and of any lienholder holding a security interest
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| created or reserved at the time of the resale, in the spaces | 16 |
| provided therefor
on the certificate or as the Secretary of | 17 |
| State prescribes, and mail or deliver
the certificate to the | 18 |
| Secretary of State with the transferee's application for
a new | 19 |
| certificate, except as provided in Section 3-117.2.
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| (b) The Secretary of State may decline to process any | 21 |
| application for a
transfer of an interest in a vehicle if any | 22 |
| fees or taxes due under this
Code from the transferor or the | 23 |
| transferee have not been paid upon
reasonable notice and | 24 |
| demand.
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| (c) Any person who violates this Section shall be guilty of | 26 |
| a petty offense.
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| (Source: P.A. 86-820; 87-1225.)
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| (625 ILCS 5/3-401) (from Ch. 95 1/2, par. 3-401)
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| Sec. 3-401. Effect of provisions.
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| (a) It shall be unlawful for any
person to violate any | 31 |
| provision of this Chapter or to drive or move or
for an owner | 32 |
| knowingly to permit to be driven or moved upon any highway
any | 33 |
| vehicle of a type required to be registered hereunder which is | 34 |
| not
registered or for which the appropriate fee has not been |
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| paid when and
as required hereunder, except that when | 2 |
| application accompanied by
proper fee has been made for | 3 |
| registration of a vehicle it may be
operated temporarily | 4 |
| pending complete registration upon displaying a
duplicate | 5 |
| application duly verified or other evidence of such
application | 6 |
| or otherwise under rules and regulations promulgated by the
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| Secretary of State.
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| (b) The appropriate fees required to be paid under the | 9 |
| various
provisions of this Act for registration of vehicles | 10 |
| shall mean the fee
or fees which would have been paid | 11 |
| initially, if proper and timely
application had been made to | 12 |
| the Secretary of State for the appropriate
registration | 13 |
| required, whether such registration be a flat weight
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| registration, a single trip permit, a reciprocity permit or a
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| supplemental application to an original prorate application | 16 |
| together
with payment of fees due under the supplemental | 17 |
| application for prorate
decals.
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| (c) Effective October 1, 1984, no vehicle required to pay a | 19 |
| Federal
Highway
Users Tax shall be registered unless proof of | 20 |
| payment, in a form prescribed
and approved by the Secretary of | 21 |
| State, is submitted with the appropriate
registration. | 22 |
| Notwithstanding any other provision of this Code, failure
of | 23 |
| the applicant to comply with this paragraph shall be deemed | 24 |
| grounds for
the Secretary to refuse registration.
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| (c-1) A vehicle may not be registered by the Secretary of | 26 |
| State unless that vehicle:
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| (1) was originally manufactured for operation on | 28 |
| highways; | 29 |
| (2) is a modification of a vehicle that was originally | 30 |
| manufactured for operation on highways; or | 31 |
| (3) was assembled from component parts designed for use | 32 |
| in vehicles to be operated on highways.
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| (d) Second division vehicles.
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| (1) A vehicle of the second division moved or operated | 35 |
| within this State
shall have had paid for it the | 36 |
| appropriate registration fees and flat weight
tax, as
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| evidenced by the Illinois registration issued for that | 2 |
| vehicle, for the gross
weight of the vehicle and load being | 3 |
| operated or moved within this State.
Second division | 4 |
| vehicles of foreign jurisdictions operated within this | 5 |
| State
under a single trip permit, fleet reciprocity plan, | 6 |
| prorate registration plan,
or apportional registration | 7 |
| plan, instead of second division vehicle
registration | 8 |
| under Article VIII of this Chapter, must have had paid for | 9 |
| it the
appropriate
registration fees and flat weight tax in | 10 |
| the base jurisdiction of that vehicle,
as evidenced by the | 11 |
| maximum gross weight shown on the foreign registration
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| cards, plus any appropriate fees required under this Code.
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| (2) If a vehicle and load are operated in this State | 14 |
| and the
appropriate fees and taxes have not been paid or | 15 |
| the vehicle and load exceed
the registered gross weight for | 16 |
| which the
required fees and taxes have been paid by 2001 | 17 |
| pounds or more, the operator or
owner shall be fined as | 18 |
| provided in Section 15-113 of this Code. However, an
owner | 19 |
| or operator shall not be subject to arrest under this | 20 |
| subsection for any
weight in excess of 80,000 pounds. | 21 |
| Further, for any unregistered vehicle or
vehicle | 22 |
| displaying expired registration, no fine shall exceed the | 23 |
| actual
cost of what the appropriate registration for that | 24 |
| vehicle and load should have
been as established in | 25 |
| subsection (a) of Section 3-815 of
this Chapter regardless | 26 |
| of the route
traveled.
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| (3) Any person operating a legal combination of | 28 |
| vehicles displaying valid
registration shall not be | 29 |
| considered in violation of the registration provision
of | 30 |
| this subsection unless the total gross weight of the | 31 |
| combination exceeds the
total licensed weight of the | 32 |
| vehicles in the combination.
The gross weight of a vehicle | 33 |
| exempt from the registration requirements of
this Chapter | 34 |
| shall not be included when determining the total gross | 35 |
| weight of
vehicles in combination.
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| (4) If the defendant claims that he or she had |
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| previously paid the
appropriate Illinois registration fees | 2 |
| and taxes for this vehicle before the
alleged violation, | 3 |
| the defendant shall have the burden of proving the | 4 |
| existence
of the payment by competent evidence. Proof of | 5 |
| proper Illinois registration
issued by the Secretary of | 6 |
| State, or the appropriate registration authority
from the | 7 |
| foreign state, shall be the only competent evidence of | 8 |
| payment.
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| (Source: P.A. 88-476; 89-245, eff. 1-1-96.)
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| (625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
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| Sec. 3-412. Registration plates and registration stickers | 12 |
| to be
furnished by the Secretary of State.
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| (a) The Secretary of State upon registering a vehicle | 14 |
| subject to annual
registration for the first time shall issue | 15 |
| or shall cause to be issued to the
owner one registration plate | 16 |
| for a motorcycle, trailer, semitrailer, motorized
pedalcycle | 17 |
| or truck-tractor, 2 registration plates for other motor | 18 |
| vehicles
and, where applicable, current registration stickers | 19 |
| for motor vehicles of the
first division. The provisions of | 20 |
| this Section may be made applicable to such
vehicles of the | 21 |
| second division, as the Secretary of State may, from time to
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| time, in his discretion designate. On subsequent annual | 23 |
| registrations
during the term of the registration plate as | 24 |
| provided in Section 3-414.1, the
Secretary shall issue or cause | 25 |
| to be issued registration stickers as evidence
of current | 26 |
| registration. However, the issuance of annual registration | 27 |
| stickers
to vehicles registered under the provisions of | 28 |
| Sections 3-402.1 and 3-405.3 of
this Code may not be required | 29 |
| if the Secretary deems the issuance unnecessary.
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| (b) Every registration plate shall have displayed upon it | 31 |
| the registration
number assigned to the vehicle for which it is | 32 |
| issued, the name of this State,
which may be abbreviated, the | 33 |
| year number for which it was issued, which may
be abbreviated, | 34 |
| the phrase "Land of Lincoln" (except as otherwise provided in
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| this Code Chapter 3 ), and such other letters or numbers as the |
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| Secretary
may prescribe. However, for apportionment plates | 2 |
| issued to vehicles registered
under Section 3-402.1 and fleet | 3 |
| plates issued to vehicles registered under
Section 3-405.3, the | 4 |
| phrase "Land of Lincoln" may be omitted to allow for
the word | 5 |
| "apportioned", the word "fleet", or other similar language to | 6 |
| be
displayed. Registration plates issued to a vehicle | 7 |
| registered as a fleet
vehicle may display a designation | 8 |
| determined by the Secretary.
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| The Secretary may in his discretion prescribe
that letters | 10 |
| be used as prefixes only on registration plates issued to | 11 |
| vehicles
of the first division which are registered under this | 12 |
| Code and only as suffixes
on registration plates issued to | 13 |
| other vehicles. Every registration sticker
issued as evidence | 14 |
| of current registration shall designate the year number
for | 15 |
| which it is issued and such other letters or numbers as the | 16 |
| Secretary may
prescribe and shall be of a contrasting color | 17 |
| with the registration plates and
registration stickers of the | 18 |
| previous year.
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| (c) Each registration plate and the required letters and | 20 |
| numerals thereon,
except the year number for which issued, | 21 |
| shall be of sufficient size to be
plainly readable from a | 22 |
| distance of 100 feet during daylight, and shall be
coated with | 23 |
| reflectorizing material. The dimensions of the plate issued to
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| vehicles of the first division shall be 6 by 12 inches.
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| (d) The Secretary of State shall issue for every passenger | 26 |
| motor vehicle
rented without a driver the same type of | 27 |
| registration plates as the type of
plates issued for a private | 28 |
| passenger vehicle.
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| (e) The Secretary of State shall issue for every passenger
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| car used as a taxicab or livery, distinctive registration | 31 |
| plates.
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| (f) The Secretary of State shall issue for every motorcycle
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| distinctive registration plates distinguishing between
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| motorcycles having 150 or more cubic centimeters piston
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| displacement, or having less than 150 cubic centimeter
piston | 36 |
| displacement.
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| (g) Registration plates issued to vehicles for-hire may
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| display a designation as determined by the Secretary that
such | 3 |
| vehicles are for-hire.
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| (h) The Secretary of State shall issue for each electric
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| vehicle distinctive registration plates for electric vehicles
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| which shall distinguish
between electric vehicles having a | 7 |
| maximum operating speed
of 45 miles per hour or more and those | 8 |
| having a maximum
operating speed of less than 45 miles per | 9 |
| hour .
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| (i) The Secretary of State shall issue for every public and | 11 |
| private
ambulance registration plates identifying the vehicle | 12 |
| as an ambulance.
The Secretary shall forward to the Department | 13 |
| of Public Aid registration
information for the purpose of | 14 |
| verification of claims filed with the
Department by ambulance | 15 |
| owners for payment for services to public assistance
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| recipients.
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| (j) The Secretary of State shall issue for every public and | 18 |
| private
medical carrier or rescue vehicle livery registration | 19 |
| plates displaying
numbers within ranges of numbers reserved | 20 |
| respectively for medical carriers
and rescue vehicles. The | 21 |
| Secretary shall forward to the Department of Public
Aid | 22 |
| registration information for the purpose of verification of | 23 |
| claims filed
with the Department by owners of medical carriers | 24 |
| or rescue vehicles for
payment for services to public | 25 |
| assistance recipients.
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| (Source: P.A. 92-629, eff. 7-1-03; 92-651, eff. 7-11-02; | 27 |
| revised 9-27-03.)
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| (625 ILCS 5/3-416) (from Ch. 95 1/2, par. 3-416)
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| Sec. 3-416. Notice of change of address or name.
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| (a) Whenever any person after making application for or | 31 |
| obtaining the
registration of a vehicle shall move from the | 32 |
| address named in the
application or shown upon a registration | 33 |
| card or certificate of title such
person shall within 10 days | 34 |
| thereafter notify the Secretary of State in
writing of his or | 35 |
| her old and new address.
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| (a-5) A police officer, a deputy sheriff, an elected | 2 |
| sheriff, a law
enforcement officer for the Department of State | 3 |
| Police, or a fire investigator
who, in
accordance with Section | 4 |
| 3-405, has furnished the address of the office of the
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| headquarters of the governmental entity or police district | 6 |
| where he or she
works instead of his or
her residence address | 7 |
| shall, within 10 days after he or she is no longer
employed by | 8 |
| that governmental entity or police district as a police | 9 |
| officer, a
deputy sheriff, an elected sheriff, a law | 10 |
| enforcement officer for the
Department of State Police or a | 11 |
| fire investigator, notify the Secretary of
State of the old | 12 |
| address and his or
her new address. If, in accordance with | 13 |
| Section 3-405, the spouse and children
of a police
officer, | 14 |
| deputy sheriff, elected sheriff, law enforcement officer for | 15 |
| the
Department of State Police, or fire investigator have | 16 |
| furnished the address of
the office of the headquarters of the | 17 |
| governmental entity or police district
where the police | 18 |
| officer, deputy sheriff, elected sheriff, law enforcement
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| officer for the Department of State Police, or fire | 20 |
| investigator works instead
of their residence address, the | 21 |
| spouse and children shall notify the Secretary
of State of | 22 |
| their old address and new address within 10 days after the | 23 |
| police
officer, deputy sheriff, elected sheriff, law | 24 |
| enforcement officer for the
Department of State Police, or fire | 25 |
| investigator is no longer employed by that
governmental entity | 26 |
| or police district as a police officer, deputy sheriff,
elected | 27 |
| sheriff, law enforcement officer for the Department of State | 28 |
| Police, or
fire investigator.
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| (b) Whenever the name of any person who has made | 30 |
| application for or
obtained the registration of a vehicle is | 31 |
| thereafter changed by marriage or
otherwise such person shall | 32 |
| within 10 days notify the Secretary of State of
such former and | 33 |
| new name.
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| (c) In either event, any such person may obtain a corrected | 35 |
| registration
card or certificate of title upon application and | 36 |
| payment of the statutory
fee.
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| (Source: P.A. 91-575, eff. 8-14-99.)
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| (625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)
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| Sec. 3-704. Authority of Secretary of State to suspend or | 4 |
| revoke a registration or
certificate of title; authority to | 5 |
| suspend or revoke the registration of a
vehicle.
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| (a) The Secretary of State may suspend or revoke the | 7 |
| registration of a
vehicle or a certificate of title, | 8 |
| registration card, registration sticker,
registration plate, | 9 |
| person with disabilities parking decal or device,
or any | 10 |
| nonresident or other permit in any of the following events:
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| 1. When the Secretary of State is satisfied that such | 12 |
| registration or
that such certificate, card, plate, | 13 |
| registration sticker or permit was
fraudulently or
| 14 |
| erroneously issued;
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| 2. When a registered vehicle has been dismantled or | 16 |
| wrecked or is not
properly equipped;
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| 3. When the Secretary of State determines that any | 18 |
| required fees have
not been paid to either the Secretary of | 19 |
| State , to
or the Illinois Commerce
Commission , or to the | 20 |
| Illinois Department of Revenue under the Motor Fuel Tax | 21 |
| Law, and the same are not paid upon reasonable notice and | 22 |
| demand;
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| 4. When a registration card, registration plate, | 24 |
| registration sticker
or permit is knowingly
displayed upon | 25 |
| a vehicle other than the one for which issued;
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| 5. When the Secretary of State determines that the | 27 |
| owner has committed
any offense under this Chapter | 28 |
| involving the registration or the
certificate, card, | 29 |
| plate, registration sticker or permit to be suspended or
| 30 |
| revoked;
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| 6. When the Secretary of State determines that a | 32 |
| vehicle registered
not-for-hire is used or operated | 33 |
| for-hire unlawfully, or used or operated
for purposes other | 34 |
| than those authorized;
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| 7. When the Secretary of State determines that an owner |
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| of a for-hire
motor vehicle has failed to give proof of | 2 |
| financial responsibility as
required by this Act;
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| 8. When the Secretary determines that the vehicle is | 4 |
| not subject to or
eligible for a registration;
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| 9. When the Secretary determines that the owner of a | 6 |
| vehicle registered
under the mileage weight tax option | 7 |
| fails to maintain the records specified
by law, or fails to | 8 |
| file the reports required by law, or that such vehicle
is | 9 |
| not equipped with an operable and operating speedometer or | 10 |
| odometer;
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| 10. When the Secretary of State is so authorized under | 12 |
| any other
provision of law;
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| 11. When the Secretary of State determines that the | 14 |
| holder of a person
with
disabilities parking decal or | 15 |
| device has committed any offense under Chapter 11
of this | 16 |
| Code involving the use of a person with disabilities | 17 |
| parking decal
or device.
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| (b) The Secretary of State may suspend or revoke the | 19 |
| registration of a
vehicle as follows:
| 20 |
| 1. When the Secretary of State determines that the | 21 |
| owner of a vehicle has
not paid a civil penalty or a | 22 |
| settlement agreement arising from the
violation of rules | 23 |
| adopted under the Illinois Motor Carrier Safety Law or the
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| Illinois Hazardous Materials Transportation Act or that a | 25 |
| vehicle, regardless
of ownership, was the subject of | 26 |
| violations of these rules that resulted in a
civil penalty | 27 |
| or settlement agreement which remains unpaid.
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| 2. When the Secretary of State determines that a | 29 |
| vehicle registered for a
gross weight of more than 16,000 | 30 |
| pounds within an affected area is not in
compliance with | 31 |
| the provisions of Section 13-109.1 of the Illinois Vehicle
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| Code.
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| (Source: P.A. 92-437, eff. 8-17-01.)
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| (625 ILCS 5/3-802) (from Ch. 95 1/2, par. 3-802)
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| Sec. 3-802. Reclassifications and upgrades.
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| (a) Definitions. For the purposes of this Section, the | 2 |
| following words
shall have the meanings ascribed to them as | 3 |
| follows:
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| "Reclassification" means changing the registration of | 5 |
| a vehicle from one
plate category to another.
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| "Upgrade" means increasing the registered weight of a | 7 |
| vehicle within the
same plate category.
| 8 |
| (b) When reclassing the registration of a vehicle from one | 9 |
| plate category
to another, the owner shall receive credit for | 10 |
| the unused portion of the
present
plate and be charged the | 11 |
| current portion fees for the new plate. In addition,
the | 12 |
| appropriate replacement plate and replacement sticker fees | 13 |
| shall be
assessed.
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| (c) When upgrading the weight of a registration within the | 15 |
| same plate
category, the owner shall pay the difference in | 16 |
| current period fees between the
two plates. In addition, the | 17 |
| appropriate replacement plate and replacement
sticker fees | 18 |
| shall be assessed. In the event new plates are not required, | 19 |
| the
corrected registration card fee shall be assessed.
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| (d) In the event the owner of the vehicle desires to change | 21 |
| the registered
weight and change the plate category, the owner | 22 |
| shall receive credit for the
unused portion of the registration | 23 |
| fee of the current plate and pay the current
portion of the | 24 |
| registration fee for the new plate, and in addition, pay the
| 25 |
| appropriate replacement plate
and replacement sticker fees.
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| (e) Reclassing from one plate category to another plate | 27 |
| category can be done
only once within any registration period.
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| (f) No refunds shall be made in any of the circumstances | 29 |
| found in subsection
(b), subsection (c), or subsection (d); | 30 |
| however, when reclassing from a flat
weight
rate plate to an | 31 |
| apportioned plate, a refund may be issued if the applicant was
| 32 |
| issued the wrong plate originally and the credit amounts to an | 33 |
| overpayment.
| 34 |
| (g) In the event the registration of a vehicle registered | 35 |
| under the mileage
tax option is revoked, the owner shall be | 36 |
| required to pay the annual
registration fee in the new plate |
|
|
|
HB1565 Enrolled |
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LRB094 09714 DRH 39970 b |
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| 1 |
| category and shall not receive any credit for
the mileage plate | 2 |
| fees.
| 3 |
| (h) Certain special interest plates may be displayed on | 4 |
| first division
vehicles, second division vehicles weighing | 5 |
| 8,000 pounds or less, and
recreational
vehicles. Those plates | 6 |
| can be transferred within those vehicle groups.
| 7 |
| (i) Plates displayed on second division vehicles weighing | 8 |
| 8,000 pounds or
less and passenger vehicle plates may be | 9 |
| reclassed from one division to the
other.
| 10 |
| (j) Other than in subsection (i), reclassing from one | 11 |
| division to the
other division is prohibited. In addition, a | 12 |
| reclass from a motor vehicle to a
trailer or a trailer to a | 13 |
| motor vehicle is prohibited.
| 14 |
| (Source: P.A. 93-365, eff. 7-24-03.)
| 15 |
| (625 ILCS 5/3-803) (from Ch. 95 1/2, par. 3-803)
| 16 |
| Sec. 3-803. Reductions.
| 17 |
| (a) Reduction of fees and taxes prescribed
in this Chapter | 18 |
| shall be applicable only to vehicles newly-acquired by
the | 19 |
| owner after the beginning of a registration period or which | 20 |
| become
subject to registration after the beginning of a | 21 |
| registration period as
specified in this Act. The Secretary of | 22 |
| State may deny a reduction as
to any vehicle operated in this | 23 |
| State without being properly and timely
registered in Illinois | 24 |
| under this Chapter, of a vehicle in violation of
any provision | 25 |
| of this Chapter, or upon detection of such violation by an
| 26 |
| audit, or upon determining that such vehicle was operated in | 27 |
| Illinois
before such violation. Bond or other security in the | 28 |
| proper amount may
be required by the Secretary of State while | 29 |
| the matter is under
investigation. Reductions shall be granted | 30 |
| if a person becomes the owner
after the dates specified or if a | 31 |
| vehicle becomes subject to
registration under this Act, as | 32 |
| amended, after the dates specified.
| 33 |
| (b) Vehicles of the First Division. The annual fees and | 34 |
| taxes
prescribed by Section 3-806 shall be reduced by 50% on | 35 |
| and after June
15, except as provided in Sections 3-414 and |
|
|
|
HB1565 Enrolled |
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LRB094 09714 DRH 39970 b |
|
| 1 |
| 3-802 of this Act.
| 2 |
| (c) Vehicles of the Second Division. The annual fees and | 3 |
| taxes
prescribed by Sections 3-402, 3-402.1, 3-815 and 3-819 | 4 |
| and paid on a calendar
year for such vehicles shall be reduced | 5 |
| on a quarterly basis if the vehicle
becomes subject to | 6 |
| registration on and after March 31, June
30 or September 30. | 7 |
| Where such fees and taxes are payable on a
fiscal year basis, | 8 |
| they shall be reduced on a quarterly basis on and after
| 9 |
| September 30, December 31 or March 31.
| 10 |
| (d) Two-year Registrations. The fees and taxes prescribed | 11 |
| by
Section 3-808 for 2-year registrations shall not be reduced | 12 |
| in any
event. However, the fees and taxes prescribed for all | 13 |
| other 2-year
registrations by this Act, shall be reduced as | 14 |
| follows:
| 15 |
| By 25% on and after June 15;
| 16 |
| By 50% on and after December 15;
| 17 |
| By 75% on and after the next ensuing June 15.
| 18 |
| (e) The registration fees and taxes imposed upon certain | 19 |
| vehicles
shall not be reduced by any amount in any event in the | 20 |
| following
instances:
| 21 |
| Permits under Sections 3-403 and 3-811;
| 22 |
| Municipal Buses under Section 3-807;
| 23 |
| Governmental or charitable vehicles under Section 3-808;
| 24 |
| Farm Machinery under Section 3-809;
| 25 |
| Soil and conservation equipment under Section 3-809.1;
| 26 |
| Special Plates under Section 3-810;
| 27 |
| Permanently mounted equipment under Section 3-812;
| 28 |
| Registration fee under Section 3-813;
| 29 |
| Semitrailer fees under Section 3-814;
| 30 |
| Farm trucks under Section 3-815;
| 31 |
| Mileage weight tax option under Section 3-818;
| 32 |
| Farm trailers under Section 3-819;
| 33 |
| Duplicate plates under Section 3-820;
| 34 |
| Fees under Section 3-821;
| 35 |
| Security Fees under Section 3-822;
| 36 |
| Search Fees under Section 3-823.
|
|
|
|
HB1565 Enrolled |
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LRB094 09714 DRH 39970 b |
|
| 1 |
| (f) The reductions provided for shall not apply to any | 2 |
| vehicle of the
first or second division registered by the same | 3 |
| applicant in the prior
registration year.
| 4 |
| The changes to this Section made by Public Act 84-210 take
| 5 |
| This bill
takes effect with the 1986 Calendar Registration | 6 |
| Year.
| 7 |
| (g) Reductions shall in no event result in payment of a fee | 8 |
| or tax less
than $6, and the Secretary of State shall | 9 |
| promulgate schedules of fees
reflecting applicable reductions. | 10 |
| Where any reduced amount is not stated in
full dollars, the | 11 |
| Secretary of State may adjust the amount due to the nearest
| 12 |
| full dollar amount.
| 13 |
| (h) The reductions provided for in subsections (a) through | 14 |
| (g) of this
Section shall not apply to those vehicles of the | 15 |
| first or second division
registered on a staggered registration | 16 |
| basis.
| 17 |
| (i) A vehicle which becomes subject to registration during | 18 |
| the last
month of the current registration year is exempt from | 19 |
| any applicable reduced
fourth quarter or second semiannual | 20 |
| registration fee, and may register for
the subsequent | 21 |
| registration year as its initial registration.
This subsection | 22 |
| does not include those apportioned and prorated fees
under | 23 |
| Sections 3-402 and 3-402.1 of this Code.
| 24 |
| (Source: P.A. 84-1311; revised 2-25-02.)
| 25 |
| (625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818)
| 26 |
| Sec. 3-818. (a) Mileage weight tax option. Any owner of a | 27 |
| vehicle of
the second division may elect to pay a mileage | 28 |
| weight tax for such vehicle
in lieu of the flat weight tax set | 29 |
| out in Section 3-815. Such election
shall be binding to the end | 30 |
| of the registration year. Renewal of this
election must be | 31 |
| filed with the Secretary of State on or before July 1
of each | 32 |
| registration period. In such event the owner shall, at the time
| 33 |
| of making such election, pay the $10 registration fee and the | 34 |
| minimum
guaranteed mileage weight tax, as hereinafter | 35 |
| provided, which payment
shall permit the owner to operate that |
|
|
|
HB1565 Enrolled |
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LRB094 09714 DRH 39970 b |
|
| 1 |
| vehicle the maximum mileage in
this State hereinafter set | 2 |
| forth. Any vehicle being operated on
mileage plates cannot be | 3 |
| operated outside of this State. In addition
thereto, the owner | 4 |
| of that vehicle shall pay a mileage weight tax at the
following | 5 |
| rates for each mile traveled in this State in excess of the
| 6 |
| maximum mileage provided under the minimum guaranteed basis:
| 7 |
| BUS, TRUCK OR TRUCK TRACTOR
|
|
8 | | |
|
|
Maximum |
Mileage |
|
9 | | |
|
Minimum |
Mileage |
Weight Tax |
|
10 | | |
|
Guaranteed |
Permitted |
for Mileage |
|
11 | | Gross Weight |
|
Mileage |
Under |
in excess of |
|
12 | | Vehicle and |
|
Weight |
Guaranteed |
Guaranteed |
|
13 | | Load |
Class |
Tax |
Tax |
Mileage |
|
14 | | 12,000 lbs. or less |
MD |
$73 |
5,000 |
26 Mills |
|
15 | | 12,001 to 16,000 lbs. |
MF |
120 |
6,000 |
34 Mills |
|
16 | | 16,001 to 20,000 lbs. |
MG |
180 |
6,000 |
46 Mills |
|
17 | | 20,001 to 24,000 lbs. |
MH |
235 |
6,000 |
63 Mills |
|
18 | | 24,001 to 28,000 lbs. |
MJ |
315 |
7,000 |
63 Mills |
|
19 | | 28,001 to 32,000 lbs. |
MK |
385 |
7,000 |
83 Mills |
|
20 | | 32,001 to 36,000 lbs. |
ML |
485 |
7,000 |
99 Mills |
|
21 | | 36,001 to 40,000 lbs. |
MN |
615 |
7,000 |
128 Mills |
|
22 | | 40,001 to 45,000 lbs. |
MP |
695 |
7,000 |
139 Mills |
|
23 | | 45,001 to 54,999 lbs. |
MR |
853 |
7,000 |
156 Mills |
|
24 | | 55,000 to 59,500 lbs. |
MS |
920 |
7,000 |
178 Mills |
|
25 | | 59,501 to 64,000 lbs. |
MT |
985 |
7,000 |
195 Mills |
|
26 | | 64,001 to 73,280 lbs. |
MV |
1,173 |
7,000 |
225 Mills |
|
27 | | 73,281 to 77,000 lbs. |
MX |
1,328 |
7,000 |
258 Mills |
|
28 | | 77,001 to 80,000 lbs. |
MZ |
1,415 |
7,000 |
275 Mills |
|
29 |
| TRAILER
|
|
30 | | |
|
|
Maximum |
Mileage |
|
31 | | |
|
Minimum |
Mileage |
Weight Tax |
|
32 | | |
|
Guaranteed |
Permitted |
for Mileage |
|
33 | | Gross Weight |
|
Mileage |
Under |
in excess of |
|
34 | | Vehicle and |
|
Weight |
Guaranteed |
Guaranteed |
|
35 | | Load |
Class |
Tax |
Tax |
Mileage |
|
36 | | 14,000 lbs. or less |
ME |
$75 |
5,000 |
31 Mills |
|
|
|
|
|
HB1565 Enrolled |
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LRB094 09714 DRH 39970 b |
|
| 1 | | 14,001 to 20,000 lbs. |
MF |
135 |
6,000 |
36 Mills |
|
2 | | 20,001 to 36,000 lbs. |
ML |
540 |
7,000 |
103 Mills |
|
3 | | 36,001 to 40,000 lbs. |
MM |
750 |
7,000 |
150 Mills |
|
4 |
| (a-1) A Special Hauling Vehicle is a vehicle or combination | 5 |
| of vehicles of
the second
division registered under Section | 6 |
| 3-813 transporting asphalt or concrete in the
plastic state or | 7 |
| a vehicle or combination of vehicles that are subject to the
| 8 |
| gross weight limitations in subsection (b) of Section 15-111 | 9 |
| for which the
owner of the
vehicle or combination of vehicles | 10 |
| has elected to pay, in addition to the
registration fee in | 11 |
| subsection (a), $125 to the Secretary of State
for each
| 12 |
| registration year. The Secretary shall designate this class of | 13 |
| vehicle as
a Special Hauling Vehicle.
| 14 |
| In preparing rate schedules on registration applications, | 15 |
| the Secretary
of State shall add to the above rates, the $10 | 16 |
| registration fee. The
Secretary may decline to accept any | 17 |
| renewal filed after July 1st.
| 18 |
| The number of axles necessary to carry the maximum load | 19 |
| provided
shall be determined from Chapter 15 of this Code.
| 20 |
| Every owner of a second division motor vehicle for which he | 21 |
| has
elected to pay a mileage weight tax shall keep a daily | 22 |
| record upon forms
prescribed by the Secretary of State, showing | 23 |
| the mileage covered by
that vehicle in this State. Such record | 24 |
| shall contain the license number
of the vehicle and the miles | 25 |
| traveled by the vehicle in this State for
each day of the | 26 |
| calendar month. Such owner shall also maintain records
of fuel | 27 |
| consumed by each such motor vehicle and fuel purchases | 28 |
| therefor.
On or before the 10th day of January and July the | 29 |
| owner
shall certify to the Secretary of State upon forms | 30 |
| prescribed therefor,
summaries of his daily records which shall | 31 |
| show the miles traveled by
the vehicle in this State during the | 32 |
| preceding 12
6 months and such other
information as the | 33 |
| Secretary of State may require. The daily record and
fuel | 34 |
| records shall be filed, preserved and available for audit for a
| 35 |
| period of 3 years. Any owner filing a return hereunder shall | 36 |
| certify
that such return is a true, correct and complete |
|
|
|
HB1565 Enrolled |
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LRB094 09714 DRH 39970 b |
|
| 1 |
| return. Any person who
willfully makes a false return hereunder | 2 |
| is guilty of perjury and shall
be punished in the same manner | 3 |
| and to the same extent as is provided
therefor.
| 4 |
| At the time of filing his return, each owner shall pay to | 5 |
| the
Secretary of State the proper amount of tax at the rate | 6 |
| herein imposed.
| 7 |
| Every owner of a vehicle of the second division who elects | 8 |
| to pay on
a mileage weight tax basis and who operates the | 9 |
| vehicle within this
State, shall file with the Secretary of | 10 |
| State a bond in the amount of
$500. The bond shall be in a form | 11 |
| approved by the Secretary of State and with
a surety company
| 12 |
| approved by the Illinois Department of Insurance to transact
| 13 |
| business in this State as surety, and shall be conditioned upon | 14 |
| such
applicant's paying to the State of Illinois all money | 15 |
| becoming
due by
reason of the operation of the second division | 16 |
| vehicle in this State,
together with all penalties and interest | 17 |
| thereon.
| 18 |
| Upon notice from the Secretary that the registrant has | 19 |
| failed to pay the
excess mileage fees, the surety shall | 20 |
| immediately pay the fees together with
any penalties and | 21 |
| interest thereon in an amount not to exceed the limits of the
| 22 |
| bond.
| 23 |
| (Source: P.A. 91-37, eff. 7-1-99; 91-499, eff. 8-13-99; 92-16, | 24 |
| eff.
6-28-01 .)
| 25 |
| (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
| 26 |
| Sec. 6-107. Graduated license.
| 27 |
| (a) The purpose of the Graduated
Licensing Program is to | 28 |
| develop safe and mature driving habits in young,
inexperienced | 29 |
| drivers and reduce or prevent motor vehicle accidents,
| 30 |
| fatalities,
and injuries by:
| 31 |
| (1) providing for an increase in the time of practice | 32 |
| period before
granting
permission to obtain a driver's | 33 |
| license;
| 34 |
| (2) strengthening driver licensing and testing | 35 |
| standards for persons under
the age of 21 years;
|
|
|
|
HB1565 Enrolled |
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LRB094 09714 DRH 39970 b |
|
| 1 |
| (3) sanctioning driving privileges of drivers under | 2 |
| age 21 who have
committed serious traffic violations or | 3 |
| other specified offenses; and
| 4 |
| (4) setting stricter standards to promote the public's | 5 |
| health and
safety.
| 6 |
| (b) The application of any person under
the age of 18 | 7 |
| years, and not legally emancipated by marriage, for a drivers
| 8 |
| license or permit to operate a motor vehicle issued under the | 9 |
| laws of this
State, shall be accompanied by the written consent | 10 |
| of either parent of the
applicant; otherwise by the guardian | 11 |
| having custody of the applicant, or
in the event there is no | 12 |
| parent or guardian, then by another responsible adult.
| 13 |
| No graduated driver's license shall be issued to any | 14 |
| applicant under 18
years
of age, unless the applicant is at | 15 |
| least 16 years of age and has:
| 16 |
| (1) Held a valid instruction permit for a minimum of 3 | 17 |
| months.
| 18 |
| (2) Passed an approved driver education course
and | 19 |
| submits proof of having passed the course as may
be | 20 |
| required.
| 21 |
| (3) certification by the parent, legal guardian, or | 22 |
| responsible adult that
the applicant has had a minimum of | 23 |
| 25 hours of behind-the-wheel practice time
and is | 24 |
| sufficiently prepared and able to safely operate a motor | 25 |
| vehicle.
| 26 |
| (c) No graduated driver's license or permit shall be issued | 27 |
| to
any applicant under 18
years of age who has committed the | 28 |
| offense of operating a motor vehicle
without a valid license or | 29 |
| permit in violation of Section 6-101 of this Code
and no | 30 |
| graduated driver's
license or permit shall be issued to any | 31 |
| applicant under 18 years of age
who has committed an offense | 32 |
| that would otherwise result in a
mandatory revocation of a | 33 |
| license or permit as provided in Section 6-205 of
this Code or | 34 |
| who has been either convicted of or adjudicated a delinquent | 35 |
| based
upon a violation of the Cannabis Control Act or the | 36 |
| Illinois Controlled
Substances Act, while that individual was |
|
|
|
HB1565 Enrolled |
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LRB094 09714 DRH 39970 b |
|
| 1 |
| in actual physical control of a motor
vehicle. For purposes of | 2 |
| this Section, any person placed on probation under
Section 10 | 3 |
| of the Cannabis Control Act or Section 410 of the Illinois
| 4 |
| Controlled Substances Act shall not be considered convicted. | 5 |
| Any person found
guilty of this offense, while in actual | 6 |
| physical control of a motor vehicle,
shall have an entry made | 7 |
| in the court record by the judge that this offense did
occur | 8 |
| while the person was in actual physical control of a motor | 9 |
| vehicle and
order the clerk of the court to report the | 10 |
| violation to the Secretary of State
as such.
| 11 |
| (d) No graduated driver's license shall be issued for 6 | 12 |
| months to any
applicant
under
the
age of 18 years who has been | 13 |
| convicted of any offense defined as a serious
traffic violation | 14 |
| in this Code or
a similar provision of a local ordinance.
| 15 |
| (e) No graduated driver's license holder under the age
of | 16 |
| 18 years shall operate any
motor vehicle, except a motor driven | 17 |
| cycle or motorcycle, with
more than one passenger in the front | 18 |
| seat of the motor vehicle
and no more passengers in the back | 19 |
| seats than the number of available seat
safety belts as set | 20 |
| forth in Section 12-603 of this Code.
| 21 |
| (f) No graduated driver's license holder under the age of | 22 |
| 18 shall operate a
motor vehicle unless each driver and front | 23 |
| or back seat passenger under the
age of 18 is wearing a | 24 |
| properly adjusted and fastened seat safety belt and each child | 25 |
| under the age of 8 is protected as required under the Child | 26 |
| Passenger Protection Act .
| 27 |
| (g) If a graduated driver's license holder is under the age | 28 |
| of 18 when he
or she receives the license, for the first 6 | 29 |
| months he or she holds the license
or
until he or she reaches | 30 |
| the age of 18, whichever occurs sooner, the graduated
license
| 31 |
| holder may not operate a motor vehicle with more than one | 32 |
| passenger in the
vehicle
who is under the age of 20, unless any | 33 |
| additional passenger or passengers are
siblings, | 34 |
| step-siblings, children, or stepchildren of the driver.
| 35 |
| (Source: P.A. 93-101, eff. 1-1-04; 93-788, eff. 1-1-05.)
|
|
|
|
HB1565 Enrolled |
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LRB094 09714 DRH 39970 b |
|
| 1 |
| (625 ILCS 5/6-301.2) (from Ch. 95 1/2, par. 6-301.2)
| 2 |
| Sec. 6-301.2. Fraudulent driver's license or permit.
| 3 |
| (a) (Blank).
| 4 |
| (b) It is a violation of this Section for any person:
| 5 |
| 1. To knowingly possess any fraudulent driver's | 6 |
| license or permit;
| 7 |
| 2. To knowingly possess, display or cause to be | 8 |
| displayed any
fraudulent driver's license or permit for the | 9 |
| purpose of obtaining any
account, credit, credit card or | 10 |
| debit card from a bank, financial
institution or retail | 11 |
| mercantile establishment;
| 12 |
| 3. To knowingly possess any fraudulent driver's | 13 |
| license or permit with
the intent to commit a theft, | 14 |
| deception or credit or debit card fraud in
violation of any | 15 |
| law of this State or any law of any other jurisdiction;
| 16 |
| 4. To knowingly possess any fraudulent driver's | 17 |
| license or permit with
the intent to commit any other | 18 |
| violation of any laws of this State or any
law of any other | 19 |
| jurisdiction for which a sentence to a term of
imprisonment | 20 |
| in a penitentiary for one year or more is provided;
| 21 |
| 5. To knowingly possess any fraudulent driver's | 22 |
| license or permit while
in unauthorized possession of any | 23 |
| document, instrument or device capable of
defrauding | 24 |
| another;
| 25 |
| 6. To knowingly possess any fraudulent driver's | 26 |
| license or permit with
the intent to use the license or | 27 |
| permit to acquire any other identification
document;
| 28 |
| 7. To knowingly possess without authority any driver's | 29 |
| license-making or
permit-making implement;
| 30 |
| 8. To knowingly possess any stolen driver's | 31 |
| license-making or
permit-making implement or to possess, | 32 |
| use, or allow to be used any
materials, hardware, or | 33 |
| software specifically designed for or primarily used in
the | 34 |
| manufacture, assembly, issuance, or authentication of an | 35 |
| official driver's
license or permit issued by the Secretary | 36 |
| of State;
|
|
|
|
HB1565 Enrolled |
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LRB094 09714 DRH 39970 b |
|
| 1 |
| 9. To knowingly duplicate, manufacture, sell or | 2 |
| transfer any
fraudulent driver's license or permit;
| 3 |
| 10. To advertise or distribute any information or | 4 |
| materials that promote
the selling, giving, or furnishing | 5 |
| of a fraudulent driver's license or
permit;
| 6 |
| 11. To knowingly use any fraudulent driver's license or | 7 |
| permit to
purchase or attempt to purchase any ticket for a | 8 |
| common carrier or to board or
attempt to board any common | 9 |
| carrier. As used in this Section, "common carrier"
means | 10 |
| any public or private provider of transportation, whether | 11 |
| by land, air,
or water;
| 12 |
| 12. To knowingly possess any fraudulent driver's | 13 |
| license or permit if the
person has at the time a different | 14 |
| driver's license issued by the Secretary of
State or | 15 |
| another official driver's license agency in another | 16 |
| jurisdiction that
is suspended or revoked.
| 17 |
| (b-1) It is a violation of this Section for any person to | 18 |
| possess, use, or allow to be used any materials, hardware, or | 19 |
| software specifically designed for or primarily used in the | 20 |
| reading of encrypted language from the bar code or magnetic | 21 |
| strip of an official Illinois Identification Card or Illinois | 22 |
| Disabled Person Identification Card issued by the Secretary of | 23 |
| State. This subsection (b-1) does not apply if a federal or | 24 |
| State law, rule, or regulation requires that the card holder's | 25 |
| address be recorded in specified transactions or if the | 26 |
| encrypted information is obtained for the detection or possible | 27 |
| prosecution of criminal offenses or fraud. If the address | 28 |
| information is obtained under this subsection (b-1), it may be | 29 |
| used only for the purposes authorized by this subsection (b-1).
| 30 |
| (c) Sentence.
| 31 |
| 1. Any person convicted of a violation of paragraph 1 | 32 |
| of subsection
(b) of this Section shall be guilty of a | 33 |
| Class 4 felony and shall be
sentenced to a minimum fine of | 34 |
| $500 or 50 hours of community service,
preferably at an
| 35 |
| alcohol abuse prevention program, if available.
| 36 |
| 2. Any person convicted of a violation of any of |
|
|
|
HB1565 Enrolled |
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LRB094 09714 DRH 39970 b |
|
| 1 |
| paragraphs 2 through
9 or paragraph 11 or 12 of
subsection
| 2 |
| (b) of this Section or a violation of subsection (b-1) of | 3 |
| this Section shall be guilty of a Class 4 felony. A person
| 4 |
| convicted of a second or subsequent violation shall be | 5 |
| guilty of a Class 3
felony.
| 6 |
| 3. Any person convicted of a violation of paragraph 10 | 7 |
| of subsection
(b) of this Section shall be guilty of a | 8 |
| Class B misdemeanor.
| 9 |
| (d) This Section does not prohibit any lawfully authorized
| 10 |
| investigative, protective, law enforcement or other activity | 11 |
| of any agency
of the United States, State of Illinois or any | 12 |
| other state or political
subdivision thereof.
| 13 |
| (e) The Secretary may request the Attorney General to seek | 14 |
| a
restraining order in the circuit court against any person who | 15 |
| violates this
Section by advertising fraudulent driver's | 16 |
| licenses or permits.
| 17 |
| (Source: P.A. 92-673, eff. 1-1-03; 93-667, eff. 3-19-04; | 18 |
| 93-895, eff. 1-1-05.)
| 19 |
| (625 ILCS 5/7-315) (from Ch. 95 1/2, par. 7-315)
| 20 |
| Sec. 7-315. A certificate of insurance proof.
| 21 |
| (a) Proof of financial
responsibility
may be made by filing | 22 |
| with the Secretary of State the written or electronic
| 23 |
| certificate
of any insurance carrier duly authorized to do | 24 |
| business in this State,
certifying
that it has issued to or for | 25 |
| the benefit of the person furnishing such proof
and named as | 26 |
| the insured in a motor vehicle liability policy, a motor
| 27 |
| vehicle liability policy or policies or in certain events an | 28 |
| operator's
policy meeting the requirements of this Code and | 29 |
| that said policy
or policies are then in full force and effect. | 30 |
| All written or electronic certificates must be submitted in a | 31 |
| manner satisfactory to the Secretary of State.
| 32 |
| (b) Such certificate or certificates shall give the dates | 33 |
| of issuance
and expiration of such policy or policies and | 34 |
| certify that the same shall
not be canceled unless 15 days' | 35 |
| prior written or electronic notice thereof
be given to the |
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| Secretary of State and shall explicitly describe all motor
| 2 |
| vehicles covered thereby unless the policy or policies are | 3 |
| issued to a person
who is
not the owner of a motor vehicle.
| 4 |
| (c) The Secretary of State shall not accept any certificate | 5 |
| or
certificates unless the same shall cover all motor vehicles | 6 |
| then registered
in this State in the name of the person | 7 |
| furnishing such proof as owner and
an additional certificate or | 8 |
| certificates shall be required as a condition
precedent to the | 9 |
| subsequent registration of any motor vehicle or motor
vehicles | 10 |
| in the name of the person giving such proof as owner.
| 11 |
| (Source: P.A. 90-774, eff. 8-14-98.)
| 12 |
| (625 ILCS 5/7-318) (from Ch. 95 1/2, par. 7-318)
| 13 |
| Sec. 7-318. Notice of Cancellation or Termination of | 14 |
| Certified Policy. When an insurance carrier has certified a | 15 |
| motor vehicle liability policy
or policies under this Act, it | 16 |
| shall notify the Secretary of State of any
cancellation by | 17 |
| mailing a written or electronic notice at least 15 days prior | 18 |
| to
cancellation of such policy and the policy shall continue in | 19 |
| full force and
effect until the date of cancellation specified | 20 |
| in such notice or until its
expiration, except that such a | 21 |
| policy subsequently procured and certified
shall, on the | 22 |
| effective date of its certification, terminate the insurance
| 23 |
| previously certified with respect to any vehicle designated in | 24 |
| both
certificates. All written or electronic certificates must | 25 |
| be submitted in a manner satisfactory to the Secretary of | 26 |
| State.
| 27 |
| (Source: P.A. 86-549.)
| 28 |
| (625 ILCS 5/7-503) (from Ch. 95 1/2, par. 7-503)
| 29 |
| Sec. 7-503. Unclaimed Security Deposits.
| 30 |
| During July, annually, the Secretary shall compile a list | 31 |
| of all
securities on deposit, pursuant to this Article, for | 32 |
| more than 3 years and
concerning which he has received no | 33 |
| notice as to the pendency of any
judicial proceeding that could | 34 |
| affect the disposition thereof. Thereupon,
he shall promptly |
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| send a notice by certified mail to the last known address
of | 2 |
| each depositor advising him that his deposit will be subject to | 3 |
| escheat
to the State of Illinois if not claimed within 30 days | 4 |
| after the mailing
date of such notice. At the expiration of | 5 |
| such time, the Secretary of State
shall file with the State | 6 |
| Treasurer an order directing the transfer of such
deposit to | 7 |
| the general revenue fund in the State Treasury. Upon receipt of
| 8 |
| such order, the State Treasurer shall make such transfer, after | 9 |
| converting
to cash any other type of security. Thereafter any | 10 |
| person having a legal
claim against such deposit may enforce it | 11 |
| by appropriate proceedings in the
Court of Claims subject to | 12 |
| the limitations prescribed for such Court. At
the expiration of | 13 |
| such limitation period such deposit shall escheat to the
State | 14 |
| of Illinois.
| 15 |
| (Source: P.A. 76-1586.)
| 16 |
| (625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
| 17 |
| Sec. 12-603.1. Driver and passenger required to use safety | 18 |
| belts,
exceptions and penalty.
| 19 |
| (a) Each driver and front seat passenger of a motor vehicle | 20 |
| operated on a
street or highway in this State shall wear a | 21 |
| properly adjusted and
fastened seat safety belt; except that, a | 22 |
| child less than 8
6 years of age shall
be protected as required | 23 |
| pursuant to the Child Passenger Protection Act.
Each driver | 24 |
| under the age of 18 years and each of the driver's
passengers | 25 |
| under the age of 18 years of a motor vehicle operated
on a | 26 |
| street or highway in this State shall wear a properly
adjusted | 27 |
| and fastened seat safety belt.
Each driver of a motor vehicle | 28 |
| transporting a child 8
6 years of age or
more, but less than 16 | 29 |
| years of age, in the front seat of the motor vehicle
shall | 30 |
| secure the child in a properly adjusted and fastened seat | 31 |
| safety belt as required under the Child Passenger Protection | 32 |
| Act .
| 33 |
| (b) Paragraph (a) shall not apply to any of the following:
| 34 |
| 1. A driver or passenger frequently stopping and | 35 |
| leaving the vehicle or
delivering property from the |
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| vehicle, if the speed of the vehicle between
stops does not | 2 |
| exceed 15 miles per hour.
| 3 |
| 2. A driver or passenger possessing a written statement | 4 |
| from a physician
that such person is unable, for medical or | 5 |
| physical reasons, to wear a seat
safety belt.
| 6 |
| 3. A driver or passenger possessing an official | 7 |
| certificate or license
endorsement issued by the | 8 |
| appropriate agency in another state or country
indicating | 9 |
| that the driver is unable for medical, physical, or other | 10 |
| valid
reasons to wear a seat safety belt.
| 11 |
| 4. A driver operating a motor vehicle in reverse.
| 12 |
| 5. A motor vehicle with a model year prior to 1965.
| 13 |
| 6. A motorcycle or motor driven cycle.
| 14 |
| 7. A motorized pedalcycle.
| 15 |
| 8. A motor vehicle which is not required to be equipped | 16 |
| with seat safety
belts under federal law.
| 17 |
| 9. A motor vehicle operated by a rural letter carrier | 18 |
| of the United
States postal service while performing duties | 19 |
| as a rural letter carrier.
| 20 |
| (c) Failure to wear a seat safety belt in violation of this | 21 |
| Section
shall not be considered evidence of negligence, shall | 22 |
| not limit the
liability of an insurer, and shall not diminish | 23 |
| any recovery for damages
arising out of the ownership, | 24 |
| maintenance, or operation of a motor vehicle.
| 25 |
| (d) A violation of this Section shall be a petty offense | 26 |
| and subject to a
fine not to exceed $25.
| 27 |
| (e) (Blank).
| 28 |
| (f) A law enforcement officer may not search or inspect a | 29 |
| motor vehicle,
its contents, the driver, or a passenger solely | 30 |
| because of a violation of this
Section.
| 31 |
| (Source: P.A. 93-99, eff. 7-3-03.)
| 32 |
| (625 ILCS 5/3-822 rep.) (from Ch. 95 1/2, par. 3-822)
| 33 |
| Section 15. The Illinois Vehicle Code is amended by | 34 |
| repealing Section 3-822.
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INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 15 ILCS 335/14 |
from Ch. 124, par. 34 |
| 4 |
| 625 ILCS 5/3-113 |
from Ch. 95 1/2, par. 3-113 |
| 5 |
| 625 ILCS 5/3-401 |
from Ch. 95 1/2, par. 3-401 |
| 6 |
| 625 ILCS 5/3-412 |
from Ch. 95 1/2, par. 3-412 |
| 7 |
| 625 ILCS 5/3-416 |
from Ch. 95 1/2, par. 3-416 |
| 8 |
| 625 ILCS 5/3-704 |
from Ch. 95 1/2, par. 3-704 |
| 9 |
| 625 ILCS 5/3-802 |
from Ch. 95 1/2, par. 3-802 |
| 10 |
| 625 ILCS 5/3-803 |
from Ch. 95 1/2, par. 3-803 |
| 11 |
| 625 ILCS 5/3-818 |
from Ch. 95 1/2, par. 3-818 |
| 12 |
| 625 ILCS 5/6-107 |
from Ch. 95 1/2, par. 6-107 |
| 13 |
| 625 ILCS 5/6-301.2 |
from Ch. 95 1/2, par. 6-301.2 |
| 14 |
| 625 ILCS 5/7-315 |
from Ch. 95 1/2, par. 7-315 |
| 15 |
| 625 ILCS 5/7-318 |
from Ch. 95 1/2, par. 7-318 |
| 16 |
| 625 ILCS 5/7-503 |
from Ch. 95 1/2, par. 7-503 |
| 17 |
| 625 ILCS 5/12-603.1 |
from Ch. 95 1/2, par. 12-603.1 |
| 18 |
| 625 ILCS 5/3-822 rep. |
from Ch. 95 1/2, par. 3-822 |
| |
|