Full Text of SB1871 98th General Assembly
SB1871enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 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 | 9 | | license 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 | 10 | | surrender the
license or permit so cancelled to the Secretary | 11 | | of State.
| 12 | | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | 13 | | Secretary of State
shall have exclusive authority to grant, | 14 | | issue, deny, cancel, suspend and
revoke driving privileges, | 15 | | drivers' licenses and restricted driving permits.
| 16 | | (d) The Secretary of State may adopt rules to implement | 17 | | this Section.
| 18 | | (Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11; | 19 | | 97-813, 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 | 22 | | court costs.
| 23 | | (a) Whenever any resident of this State fails to pay any | 24 | | traffic fine,
penalty,
or cost imposed for a violation of this | 25 | | Code, or similar provision of
local ordinance, the clerk may |
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| 1 | | notify the Secretary of State, on
a report
prescribed by the | 2 | | Secretary, and the Secretary shall prohibit the renewal,
| 3 | | reissue or reinstatement of such resident's driving privileges | 4 | | until such
fine, penalty, or cost has been paid in full. The | 5 | | clerk
shall provide notice to
the driver, at the driver's last | 6 | | known address as shown on the court's
records, stating that | 7 | | such action
will be effective on the 46th day following the | 8 | | date of the above notice if
payment is not received in full by | 9 | | the court of venue.
| 10 | | (a-1) Whenever any resident of this State who has made a | 11 | | partial payment on any traffic fine, penalty, or cost that was | 12 | | imposed under a conviction entered on or after the effective | 13 | | date of this amendatory Act of the 93rd General Assembly, for a | 14 | | violation of this Code or a similar provision of a local | 15 | | ordinance, fails to pay the remainder of the outstanding fine, | 16 | | penalty, or cost within the time limit set by the court, the | 17 | | clerk may notify the Secretary of State, on a report prescribed | 18 | | by the Secretary, and the Secretary shall prohibit the renewal, | 19 | | reissue, or reinstatement of the resident's driving privileges | 20 | | until the fine, penalty, or cost has been paid in full. The | 21 | | clerk shall provide notice to the driver, at the driver's last | 22 | | known address as shown on the court's records, stating that the | 23 | | action will be effective on the 46th day following the date of | 24 | | the notice if payment is not received in full by the court of | 25 | | venue.
| 26 | | (b) Except as provided in subsection (b-1), following |
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| 1 | | receipt of the report from the clerk, the
Secretary of
State | 2 | | shall make the proper notation to the driver's file to prohibit | 3 | | the
renewal, reissue or reinstatement of such driver's driving | 4 | | privileges.
Except as provided in paragraph (2) of subsection | 5 | | (d) of this Section, such
notation shall not be removed from | 6 | | the driver's record until the
driver satisfies the outstanding | 7 | | fine, penalty, or cost and an
appropriate notice on
a form | 8 | | prescribed by the Secretary is received by the Secretary from | 9 | | the
court of venue, stating that such fine, penalty, or cost | 10 | | has been paid
in full.
Upon payment in full of a traffic fine, | 11 | | penalty, or court cost which has
previously been reported under | 12 | | this Section as unpaid, the clerk of the
court shall present | 13 | | the driver with a signed receipt containing the seal of
the | 14 | | court indicating that such fine, penalty, or cost has been paid | 15 | | in
full, and
shall forward forthwith to the Secretary of State | 16 | | a notice stating that the
fine, penalty, or cost has been paid | 17 | | in full.
| 18 | | (b-1) In a county with a population of 3,000,000 or more, | 19 | | following receipt of the report from the clerk, the
Secretary | 20 | | of
State shall make the proper notation to the driver's file to | 21 | | prohibit the
renewal, reissue or reinstatement of such driver's | 22 | | driving privileges.
Such notation shall not be removed from the | 23 | | driver's record until the
driver satisfies the outstanding | 24 | | fine, penalty, or cost and an
appropriate notice on
a form | 25 | | prescribed by the Secretary is received by the Secretary | 26 | | directly from the
court of venue, stating that such fine, |
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| 1 | | penalty, or cost has been paid
in full.
Upon payment in full of | 2 | | a traffic fine, penalty, or court cost which has
previously | 3 | | been reported under this Section as unpaid, the clerk of the
| 4 | | court shall forward forthwith directly to the Secretary of | 5 | | State a notice stating that the
fine, penalty, or cost has been | 6 | | paid in full and shall provide the driver with a signed receipt | 7 | | containing the seal of the court, indicating that the fine, | 8 | | penalty, and cost have been paid in full. The receipt may not | 9 | | be used by the driver to clear the driver's record.
| 10 | | (c) The provisions of this Section shall be limited to a | 11 | | single action
per arrest and as a post conviction measure only. | 12 | | Fines, penalty, or
costs to be
collected subsequent to orders | 13 | | of court supervision, or other available
court diversions are | 14 | | not 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 | 5 | | a member of the Nonresident Violator Compact of 1977 , stating a | 6 | | resident of this State failed to pay a traffic fine, penalty, | 7 | | or cost imposed for a violation that occurs in another state, | 8 | | the Secretary shall make the proper notation to the driver's | 9 | | license file to prohibit the renewal, reissue, or reinstatement | 10 | | of the resident's driving privileges until the fine, penalty, | 11 | | or cost has been paid in full. The Secretary of State shall | 12 | | renew, reissue, or reinstate the driver's driving privileges | 13 | | that were previously refused under this Section upon receipt of | 14 | | notification from the other state that indicates that the fine, | 15 | | penalty, or cost has been paid in full. The Secretary of State | 16 | | shall 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 | 20 | | applicable only to the payment of a judgment or
judgments, | 21 | | rendered against the person or persons on whose behalf the
| 22 | | deposit was made, for damages arising out of the accident in | 23 | | question, in
an action at law, begun not later than two years | 24 | | after the later of
(i)
the date the driver's license and | 25 | | registration were suspended
following the accident
or (ii) the
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| 1 | | date of any default in any payment under an installment | 2 | | agreement for payment
of damages, and such deposit or any | 3 | | balance thereof shall be returned to the
depositor or his | 4 | | personal representative when evidence satisfactory to the
| 5 | | Secretary of State has been filed with him:
| 6 | | 1. that there has been a release from liability, or a final | 7 | | adjudication
of non-liability; or
| 8 | | 2. a duly acknowledged written agreement in accordance with | 9 | | Section
7-208 of this Act; or
| 10 | | 3. whenever after the expiration of two years after
the | 11 | | later of
(i) the date
the driver's license and registration | 12 | | were suspended
following the accident
or (ii) the date of
any | 13 | | default in any payment under an installment agreement for | 14 | | payment of
damages, the Secretary of State shall be given | 15 | | reasonable evidence that
there is no such action pending and no | 16 | | judgment rendered in such action
left unpaid.
| 17 | | If, after releasing security to a judgment debtor or | 18 | | claimant, the balance of the security posted with the Secretary | 19 | | is $5 or less, the balance shall be transferred to the General | 20 | | Revenue Fund. The
Secretary shall compile a list of all | 21 | | security amounts of $5 or less annually in July and shall | 22 | | certify that amount to the State Comptroller. As soon as | 23 | | possible after receiving the certification, the State | 24 | | Comptroller shall order transferred and the State Treasurer | 25 | | shall transfer the amount certified to the General Revenue | 26 | | Fund. |
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| 1 | | (Source: P.A. 90-774, eff. 8-14-98.)
| 2 | | (625 ILCS 5/7-303) (from Ch. 95 1/2, par. 7-303)
| 3 | | Sec. 7-303.
Suspension of driver's licenses, registration
| 4 | | certificates, license plates and registration stickers for | 5 | | failure to satisfy
judgment. (a) The Secretary of State shall, | 6 | | except as provided in paragraph
(d), suspend the driver's | 7 | | license issued to any
person upon receiving an authenticated | 8 | | report as hereinafter provided for
in Section 7-307 that the | 9 | | such
person has failed for a period of 30 days to satisfy any | 10 | | final
judgment in amounts as hereinafter stated, and shall also | 11 | | suspend the all
registration certificate certificates , license | 12 | | plates and registration
sticker stickers of the judgment | 13 | | debtor's motor vehicle involved in the crash as indicated | 14 | | issued to the person named as
the judgment debtor in the any | 15 | | such authenticated report.
| 16 | | (b) The term "judgment" shall mean: A final judgment of any | 17 | | court of
competent jurisdiction of any State, against a person | 18 | | as defendant for
damages on account of bodily injury to or | 19 | | death of any person or damages to
property resulting from the | 20 | | operation, on and after July 12, 1938, of any
motor vehicle.
| 21 | | (c) The term "State" shall mean: Any State, Territory, or | 22 | | possession of
the United States, the District of Columbia, or | 23 | | any province of the
Dominion of Canada.
| 24 | | (d) The Secretary of State shall not suspend the driver's
| 25 | | license, registration certificates, registration stickers or |
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| 1 | | license
plates of the judgment debtor, nor shall such judgment | 2 | | debtor be subject
to the suspension provisions of Sections | 3 | | 7-308 and 7-309 if all the following
conditions are met:
| 4 | | 1. At the time of the motor vehicle accident which gave
| 5 | | rise to the unsatisfied
judgment the judgment debtor was | 6 | | covered by a motor vehicle liability
policy or bond meeting the | 7 | | requirements of this Chapter;
| 8 | | 2. The insurance company which issued the policy or bond | 9 | | has failed and
has suspended operations by order of a court;
| 10 | | 3. The judgment debtor had no knowledge of the insurance | 11 | | company's
failure prior to the motor vehicle accident;
| 12 | | 4. Within 30 days after learning of the insurance company's | 13 | | failure the
judgment debtor secured another liability policy or | 14 | | bond meeting the
requirements of this Article relating to | 15 | | future occurrences or accidents;
| 16 | | 5. The insurance company which issued the motor vehicle | 17 | | liability
policy or bond that covered the judgment debtor at | 18 | | the time of the motor
vehicle accident is unable to satisfy the | 19 | | judgment in the amounts specified
in Section 7-311;
| 20 | | 6. The judgment debtor presents to the Secretary of State | 21 | | such
certified documents or other proofs as the Secretary of | 22 | | State may require
that all of the conditions set forth in this | 23 | | Section have been met.
| 24 | | (Source: P.A. 85-321.)
| 25 | | (625 ILCS 5/7-316.1)
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| 1 | | Sec. 7-316.1. Nonresidents and former residents; when | 2 | | proof not required. | 3 | | (a) Any nonresident or former Illinois resident who (i) has | 4 | | met all requirements for reinstatement of his or her driving or | 5 | | registration privileges under this Chapter except for filing | 6 | | proof of financial responsibility, (ii) resides outside of | 7 | | Illinois, and (iii) has applied for a driver's license in | 8 | | another state, shall be released from the requirement of | 9 | | showing proof of financial responsibility in this State if he | 10 | | or she presents to the Secretary of State, in a manner | 11 | | satisfactory to the Secretary, notice of his or her | 12 | | out-of-state residency. | 13 | | (b) Any nonresident or former Illinois resident whose | 14 | | driver's license was revoked and who (i) has met all | 15 | | requirements for applying for driving privileges except for | 16 | | filing proof of financial responsibility under this Chapter, | 17 | | (ii) resides outside of Illinois, and (iii) has applied for a | 18 | | driver's license in another state, shall be released from the | 19 | | requirement of showing proof of financial responsibility in | 20 | | this State if he or she presents to the Secretary of State, in | 21 | | a manner satisfactory to the Secretary, notice of his or her | 22 | | out-of-state residency. | 23 | | (b-5) Any nonresident or former Illinois resident who has | 24 | | submitted satisfactory documentation to the Secretary of State | 25 | | to be released of showing proof of financial responsibility in | 26 | | this State shall have his or her Illinois license cancelled 60 |
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| 1 | | days after acceptance of notice of cancellation, as provided in | 2 | | Section 6-201 of this Code. | 3 | | (c) If a nonresident or former Illinois resident released | 4 | | from the requirement of showing proof of financial | 5 | | responsibility in this State under subsection (a) or subsection | 6 | | (b) of this Section moves or returns to this State within 3 | 7 | | years of the date of release, that person must present to the | 8 | | Secretary of State, in a manner satisfactory to the Secretary, | 9 | | proof of insurance coverage during the period in which the | 10 | | person lived outside of Illinois. A person who fails to present | 11 | | the required proof may not be issued a driver's license until | 12 | | he or she presents proof of financial responsibility that is | 13 | | satisfactory under this Chapter. The proof of financial | 14 | | responsibility required under this subsection (c) must be shown | 15 | | or maintained for the period of time required under this | 16 | | Chapter. | 17 | | (d) The Secretary shall adopt rules for implementing this | 18 | | Section.
| 19 | | (Source: P.A. 94-224, eff. 1-1-06.)
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