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90_HB3415
625 ILCS 5/3-408 from Ch. 95 1/2, par. 3-408
625 ILCS 5/6-103 from Ch. 95 1/2, par. 6-103
Amends the Vehicle Code to provide that the Secretary of
State may not issue a driver's license or vehicle
registration to any person who is delinquent in court ordered
child support payments or has been adjudicated in arrears and
who has been found in contempt of court for failure to pay
the support.
LRB9010838DJcd
LRB9010838DJcd
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 3-408 and 6-103.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 3-408 and 6-103 as follows:
7 (625 ILCS 5/3-408) (from Ch. 95 1/2, par. 3-408)
8 Sec. 3-408. Grounds for refusing registration or
9 certificate of title. The Secretary of State shall refuse
10 registration or any transfer of registration upon any of the
11 following grounds:
12 1. That the application contains any false or fraudulent
13 statement or that the applicant has failed to furnish
14 required information or reasonable additional information
15 requested by the Secretary of State or that the applicant is
16 not entitled to the issuance of a certificate of title or
17 registration of the vehicle under Chapter 3;
18 2. That the Secretary of State has reasonable ground to
19 believe that the vehicle is a stolen or embezzled vehicle or
20 that the granting of registration would constitute a fraud
21 against the rightful owner or other person having valid lien
22 upon such vehicle;
23 3. That the registration of the vehicle stands suspended
24 or revoked for any reason as provided in the motor-vehicle
25 laws of this State;
26 4. That the required fee has not been paid; or
27 5. (a) In the case of medical transport vehicles, that
28 the application does not contain a copy of a completed
29 Vehicle Inspection Report issued by the Department of
30 Transportation which certifies that the vehicle has been
31 determined to be in safe mechanical condition by a safety
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1 test administered within the preceding 6 months; and (b) in
2 the case of medical transport vehicles, other than vehicles
3 owned or operated by a unit of local government, proof of
4 financial responsibility; or.
5 6. That the applicant is delinquent in court ordered
6 child support payments or has been adjudicated in arrears and
7 has been found in contempt of court for failure to pay the
8 support.
9 (Source: P.A. 82-949.)
10 (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
11 Sec. 6-103. What persons shall not be licensed as drivers
12 or granted permits. The Secretary of State shall not issue,
13 renew, or allow the retention of any driver's license nor
14 issue any permit under this Code:
15 1. To any person, as a driver, who is under the age
16 of 18 years except as provided in Section 6-107, and
17 except that an instruction permit may be issued under
18 paragraphs (a) and (b) of Section 6-105 to a child who is
19 not less than 15 years of age if the child is enrolled in
20 an approved driver education course as defined in Section
21 1-103 of this Code and requires an instruction permit to
22 participate therein, except that an instruction permit
23 may be issued under the provisions of Section 6-107.1 to
24 a child who is 17 years and 9 months of age without the
25 child having enrolled in an approved driver education
26 course and except that an instruction permit may be
27 issued to a child who is at least 15 years and 6 months
28 of age, is enrolled in school, meets the educational
29 requirements of the Driver Education Act, and has passed
30 examinations the Secretary of State in his or her
31 discretion may prescribe;
32 2. To any person who is under the age of 18 as an
33 operator of a motorcycle other than a motor driven cycle
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1 unless the person has, in addition to meeting the
2 provisions of Section 6-107 of this Code, completed a
3 motorcycle training course approved by the Illinois
4 Department of Transportation and successfully completes
5 the required Secretary of State's motorcycle driver's
6 examination;
7 3. To any person, as a driver, whose driver's
8 license or permit has been suspended, during the
9 suspension, nor to any person whose driver's license or
10 permit has been revoked, except as provided in Sections
11 6-205, 6-206, and 6-208;
12 4. To any person, as a driver, who is a user of
13 alcohol or any other drug to a degree that renders the
14 person incapable of safely driving a motor vehicle;
15 5. To any person, as a driver, who has previously
16 been adjudged to be afflicted with or suffering from any
17 mental or physical disability or disease and who has not
18 at the time of application been restored to competency by
19 the methods provided by law;
20 6. To any person, as a driver, who is required by
21 the Secretary of State to submit an alcohol and drug
22 evaluation or take an examination provided for in this
23 Code unless the person has successfully passed the
24 examination and submitted any required evaluation;
25 7. To any person who is required under the
26 provisions of the laws of this State to deposit security
27 or proof of financial responsibility and who has not
28 deposited the security or proof;
29 8. To any person when the Secretary of State has
30 good cause to believe that the person by reason of
31 physical or mental disability would not be able to safely
32 operate a motor vehicle upon the highways, unless the
33 person shall furnish to the Secretary of State a verified
34 written statement, acceptable to the Secretary of State,
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1 from a competent medical specialist to the effect that
2 the operation of a motor vehicle by the person would not
3 be inimical to the public safety;
4 9. To any person, as a driver, who is 69 years of
5 age or older, unless the person has successfully complied
6 with the provisions of Section 6-109;
7 10. To any person convicted, within 12 months of
8 application for a license, of any of the sexual offenses
9 enumerated in paragraph 2 of subsection (b) of Section
10 6-205;
11 11. To any person who is under the age of 21 years
12 with a classification prohibited in paragraph (b) of
13 Section 6-104 and to any person who is under the age of
14 18 years with a classification prohibited in paragraph
15 (c) of Section 6-104;
16 12. To any person who has been either convicted of
17 or adjudicated under the Juvenile Court Act of 1987 based
18 upon a violation of the Cannabis Control Act or the
19 Illinois Controlled Substances Act while that person was
20 in actual physical control of a motor vehicle. For
21 purposes of this Section, any person placed on probation
22 under Section 10 of the Cannabis Control Act or Section
23 410 of the Illinois Controlled Substances Act shall not
24 be considered convicted. Any person found guilty of this
25 offense, while in actual physical control of a motor
26 vehicle, shall have an entry made in the court record by
27 the judge that this offense did occur while the person
28 was in actual physical control of a motor vehicle and
29 order the clerk of the court to report the violation to
30 the Secretary of State as such. The Secretary of State
31 shall not issue a new license or permit for a period of
32 one year; or
33 13. To any person who is under the age of 18 years
34 and who has committed the offense of operating a motor
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1 vehicle without a valid license or permit in violation of
2 Section 6-101; or.
3 14. To any person who is delinquent in court
4 ordered child support payments or has been adjudicated in
5 arrears and who has been found in contempt of court for
6 failure to pay the support.
7 The Secretary of State shall retain all conviction
8 information, if the information is required to be held
9 confidential under the Juvenile Court Act of 1987.
10 (Source: P.A. 90-369, eff. 1-1-98.)