Bill Text: IL HB3948 | 2011-2012 | 97th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Exempts police emergency equipment from the definition of "commercial motor vehicle". Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Passed) 2012-07-06 - Public Act . . . . . . . . . 97-0750 [HB3948 Detail]
Download: Illinois-2011-HB3948-Introduced.html
Bill Title: Amends the Illinois Vehicle Code. Exempts police emergency equipment from the definition of "commercial motor vehicle". Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Passed) 2012-07-06 - Public Act . . . . . . . . . 97-0750 [HB3948 Detail]
Download: Illinois-2011-HB3948-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | Section 6-500 as follows:
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6 | (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
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7 | Sec. 6-500. Definitions of words and phrases. | |||||||||||||||||||
8 | Notwithstanding the
definitions set forth elsewhere in this
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9 | Code, for purposes of the Uniform Commercial Driver's License | |||||||||||||||||||
10 | Act
(UCDLA), the words and phrases listed below have the | |||||||||||||||||||
11 | meanings
ascribed to them as follows:
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12 | (1) Alcohol. "Alcohol" means any substance containing any | |||||||||||||||||||
13 | form of
alcohol, including but not limited to ethanol,
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14 | methanol,
propanol, and
isopropanol.
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15 | (2) Alcohol concentration. "Alcohol concentration" means:
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16 | (A) the number of grams of alcohol per 210 liters of | |||||||||||||||||||
17 | breath;
or
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18 | (B) the number of grams of alcohol per 100 milliliters | |||||||||||||||||||
19 | of
blood; or
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20 | (C) the number of grams of alcohol per 67 milliliters | |||||||||||||||||||
21 | of
urine.
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22 | Alcohol tests administered within 2 hours of the driver | |||||||||||||||||||
23 | being
"stopped or detained" shall be considered that driver's |
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1 | "alcohol
concentration" for the purposes of enforcing this | ||||||
2 | UCDLA.
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3 | (3) (Blank).
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4 | (4) (Blank).
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5 | (5) (Blank).
| ||||||
6 | (5.3) CDLIS driver record. "CDLIS driver record" means the | ||||||
7 | electronic record of the individual CDL driver's status and | ||||||
8 | history stored by the State-of-Record as part of the Commercial | ||||||
9 | Driver's License Information System, or CDLIS, established | ||||||
10 | under 49 U.S.C. 31309. | ||||||
11 | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | ||||||
12 | record" or "CDLIS MVR" means a report generated from the CDLIS | ||||||
13 | driver record meeting the requirements for access to CDLIS | ||||||
14 | information and provided by states to users authorized in 49 | ||||||
15 | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | ||||||
16 | Driver Privacy Protection Act, 18 U.S.C. 2721–2725. | ||||||
17 | (5.7) Commercial driver's license downgrade. "Commercial | ||||||
18 | driver's license downgrade" or "CDL downgrade" means either: | ||||||
19 | (A) a state allows the driver to change his or her | ||||||
20 | self-certification to interstate, but operating | ||||||
21 | exclusively in transportation or operation excepted from | ||||||
22 | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), | ||||||
23 | 391.2, 391.68, or 398.3; | ||||||
24 | (B) a state allows the driver to change his or her | ||||||
25 | self-certification to intrastate only, if the driver | ||||||
26 | qualifies under that state's physical qualification |
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1 | requirements for intrastate only; | ||||||
2 | (C) a state allows the driver to change his or her | ||||||
3 | certification to intrastate, but operating exclusively in | ||||||
4 | transportation or operations excepted from all or part of | ||||||
5 | the state driver qualification requirements; or | ||||||
6 | (D) a state removes the CDL privilege from the driver | ||||||
7 | license. | ||||||
8 | (6) Commercial Motor Vehicle.
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9 | (A) "Commercial motor vehicle" or "CMV" means
a motor | ||||||
10 | vehicle used in commerce, except those referred to in | ||||||
11 | subdivision (B), designed
to transport passengers or | ||||||
12 | property if:
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13 | (i) the vehicle has a GVWR of 26,001 pounds or more | ||||||
14 | or such
a
lesser GVWR as subsequently determined by | ||||||
15 | federal regulations or the Secretary
of State; or any
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16 | combination of vehicles with a GCWR of 26,001 pounds or | ||||||
17 | more, provided the
GVWR of any vehicle or vehicles | ||||||
18 | being towed is 10,001 pounds or more; or
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19 | (ii) the vehicle is designed to transport 16 or | ||||||
20 | more
persons;
or
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21 | (iii) the vehicle is transporting hazardous | ||||||
22 | materials and
is
required to
be placarded in accordance | ||||||
23 | with 49 C.F.R. Part 172, subpart F.
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24 | (B) Pursuant to the interpretation of the Commercial | ||||||
25 | Motor
Vehicle
Safety Act of 1986 by the Federal Highway | ||||||
26 | Administration, the definition of
"commercial motor |
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1 | vehicle" does not include:
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2 | (i) recreational vehicles, when operated primarily | ||||||
3 | for personal use;
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4 | (ii) vehicles owned by or operated under the | ||||||
5 | direction of the United States Department of Defense or | ||||||
6 | the United States Coast Guard only when operated by
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7 | non-civilian personnel. This includes any operator on | ||||||
8 | active military
duty; members of the Reserves; | ||||||
9 | National Guard; personnel on part-time
training; and | ||||||
10 | National Guard military technicians (civilians who are
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11 | required to wear military uniforms and are subject to | ||||||
12 | the Code of Military
Justice); or
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13 | (iii) firefighting , police, and other emergency | ||||||
14 | equipment (including, without limitation, equipment | ||||||
15 | owned or operated by a HazMat or technical rescue team | ||||||
16 | authorized by a county board under Section 5-1127 of | ||||||
17 | the Counties Code), with audible and
visual signals, | ||||||
18 | owned or operated
by or for a
governmental entity, | ||||||
19 | which is necessary to the preservation of life or
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20 | property or the execution of emergency governmental | ||||||
21 | functions which are
normally not subject to general | ||||||
22 | traffic rules and regulations.
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23 | (7) Controlled Substance. "Controlled substance" shall | ||||||
24 | have the same
meaning as defined in Section 102 of the Illinois | ||||||
25 | Controlled Substances Act,
and shall also include cannabis as | ||||||
26 | defined in Section 3 of the Cannabis Control
Act and |
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1 | methamphetamine as defined in Section 10 of the Methamphetamine | ||||||
2 | Control and Community Protection Act.
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3 | (8) Conviction. "Conviction" means an unvacated | ||||||
4 | adjudication of guilt
or a determination that a person has | ||||||
5 | violated or failed to comply with the
law in a court of | ||||||
6 | original jurisdiction or by an authorized administrative
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7 | tribunal; an unvacated forfeiture of bail or collateral | ||||||
8 | deposited to secure
the person's appearance in court; a plea of | ||||||
9 | guilty or nolo contendere accepted by the court; the payment of | ||||||
10 | a fine or court cost
regardless of whether the imposition of | ||||||
11 | sentence is deferred and ultimately
a judgment dismissing the | ||||||
12 | underlying charge is entered; or a violation of a
condition of | ||||||
13 | release without bail, regardless of whether or not the penalty
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14 | is rebated, suspended or probated.
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15 | (8.5) Day. "Day" means calendar day.
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16 | (9) (Blank).
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17 | (10) (Blank).
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18 | (11) (Blank).
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19 | (12) (Blank).
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20 | (13) Driver. "Driver" means any person who drives, | ||||||
21 | operates, or is in
physical control of a commercial motor | ||||||
22 | vehicle, any person who is required to hold a
CDL, or any | ||||||
23 | person who is a holder of a CDL while operating a | ||||||
24 | non-commercial motor vehicle.
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25 | (13.5) Driver applicant. "Driver applicant" means an | ||||||
26 | individual who applies to a state to obtain, transfer, upgrade, |
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1 | or renew a CDL.
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2 | (14) Employee. "Employee" means a person who is employed as | ||||||
3 | a
commercial
motor vehicle driver. A person who is | ||||||
4 | self-employed as a commercial motor
vehicle driver must comply | ||||||
5 | with the requirements of this UCDLA
pertaining to employees. An
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6 | owner-operator on a long-term lease shall be considered an | ||||||
7 | employee.
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8 | (15) Employer. "Employer" means a person (including the | ||||||
9 | United
States, a State or a local authority) who owns or leases | ||||||
10 | a commercial motor
vehicle or assigns employees to operate such | ||||||
11 | a vehicle. A person who is
self-employed as a commercial motor | ||||||
12 | vehicle driver must
comply with the requirements of this UCDLA.
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13 | (15.3) Excepted interstate. "Excepted interstate" means a | ||||||
14 | person who operates or expects to operate in interstate | ||||||
15 | commerce, but engages exclusively in transportation or | ||||||
16 | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or | ||||||
17 | 398.3 from all or part of the qualification requirements of 49 | ||||||
18 | C.F.R. Part 391 and is not required to obtain a medical | ||||||
19 | examiner's certificate by 49 C.F.R. 391.45. | ||||||
20 | (15.5) Excepted intrastate. "Excepted intrastate" means a | ||||||
21 | person who operates in intrastate commerce but engages | ||||||
22 | exclusively in transportation or operations excepted from all | ||||||
23 | or parts of the state driver qualification requirements. | ||||||
24 | (16) (Blank).
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25 | (16.5) Fatality. "Fatality" means the death of a person as | ||||||
26 | a result of a motor vehicle accident.
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1 | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | ||||||
2 | sovereign
jurisdiction that does not fall within the definition | ||||||
3 | of "State".
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4 | (18) (Blank).
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5 | (19) (Blank).
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6 | (20) Hazardous materials. "Hazardous Material" means any | ||||||
7 | material that has been designated under 49 U.S.C.
5103 and is | ||||||
8 | required to be placarded under subpart F of 49 C.F.R. part 172 | ||||||
9 | or any quantity of a material listed as a select agent or toxin | ||||||
10 | in 42 C.F.R. part 73.
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11 | (20.5) Imminent Hazard. "Imminent hazard" means the | ||||||
12 | existence of a condition that presents a substantial likelihood | ||||||
13 | that death, serious illness, severe personal injury, or a | ||||||
14 | substantial endangerment to health, property, or the | ||||||
15 | environment may occur before the reasonably foreseeable | ||||||
16 | completion date of a formal proceeding begun to lessen the risk | ||||||
17 | of that death, illness, injury or endangerment.
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18 | (21) Long-term lease. "Long-term lease" means a lease of a | ||||||
19 | commercial
motor vehicle by the owner-lessor to a lessee, for a | ||||||
20 | period of more than 29
days.
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21 | (21.1) Medical examiner. "Medical examiner" means a person | ||||||
22 | who is licensed, certified, or registered in accordance with | ||||||
23 | applicable state laws and regulations to perform physical | ||||||
24 | examinations. The term includes but is not limited to doctors | ||||||
25 | of medicine, doctors of osteopathy, physician assistants, | ||||||
26 | advanced practice nurses, and doctors of chiropractic. |
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1 | (21.2) Medical examiner's certificate. "Medical examiner's | ||||||
2 | certificate" means a document prescribed or approved by the | ||||||
3 | Secretary of State that is issued by a medical examiner to a | ||||||
4 | driver to medically qualify him or her to drive. | ||||||
5 | (21.5) Medical variance. "Medical variance" means a driver | ||||||
6 | has received one of the following from the Federal Motor | ||||||
7 | Carrier Safety Administration which allows the driver to be | ||||||
8 | issued a medical certificate: (1) an exemption letter | ||||||
9 | permitting operation of a commercial motor vehicle pursuant to | ||||||
10 | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | ||||||
11 | skill performance evaluation (SPE) certificate permitting | ||||||
12 | operation of a commercial motor vehicle pursuant to 49 C.F.R. | ||||||
13 | 391.49. | ||||||
14 | (22) Motor Vehicle. "Motor vehicle" means every vehicle
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15 | which is self-propelled, and every vehicle which is propelled | ||||||
16 | by electric
power obtained from over head trolley wires but not | ||||||
17 | operated upon rails,
except vehicles moved solely by human | ||||||
18 | power and motorized wheel chairs.
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19 | (22.2) Motor vehicle record. "Motor vehicle record" means a | ||||||
20 | report of the driving status and history of a driver generated | ||||||
21 | from the driver record provided to users, such as drivers or | ||||||
22 | employers, and is subject to the provisions of the Driver | ||||||
23 | Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
24 | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | ||||||
25 | combination of motor vehicles not defined by the term | ||||||
26 | "commercial motor vehicle" or "CMV" in this Section.
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1 | (22.7) Non-excepted interstate. "Non-excepted interstate" | ||||||
2 | means a person who operates or expects to operate in interstate | ||||||
3 | commerce, is subject to and meets the qualification | ||||||
4 | requirements under 49 C.F.R. Part 391, and is required to | ||||||
5 | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | ||||||
6 | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | ||||||
7 | means a person who operates only in intrastate commerce and is | ||||||
8 | subject to State driver qualification requirements. | ||||||
9 | (23) Non-resident CDL. "Non-resident CDL" means a | ||||||
10 | commercial driver's
license issued by a state under either of | ||||||
11 | the following two conditions: | ||||||
12 | (i) to an individual domiciled in a foreign country | ||||||
13 | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | ||||||
14 | of the Federal Motor Carrier Safety Administration.
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15 | (ii) to an individual domiciled in another state | ||||||
16 | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | ||||||
17 | of the Federal Motor Carrier Safety Administration.
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18 | (24) (Blank).
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19 | (25) (Blank).
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20 | (25.5) Railroad-Highway Grade Crossing Violation. | ||||||
21 | "Railroad-highway
grade
crossing violation" means a
violation, | ||||||
22 | while operating a commercial motor vehicle, of
any
of the | ||||||
23 | following:
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24 | (A) Section 11-1201, 11-1202, or 11-1425 of this
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25 | Code.
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26 | (B) Any other similar
law or local ordinance of any |
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1 | state relating to
railroad-highway grade crossing.
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2 | (25.7) School Bus. "School bus" means a commercial motor | ||||||
3 | vehicle used to transport pre-primary, primary, or secondary | ||||||
4 | school students from home to school, from school to home, or to | ||||||
5 | and from school-sponsored events. "School bus" does not include | ||||||
6 | a bus used as a common carrier.
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7 | (26) Serious Traffic Violation. "Serious traffic | ||||||
8 | violation"
means:
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9 | (A) a conviction when operating a commercial motor | ||||||
10 | vehicle, or when operating a non-CMV while holding a CDL,
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11 | of:
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12 | (i) a violation relating to excessive speeding,
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13 | involving a single speeding charge of 15 miles per hour | ||||||
14 | or more above the
legal speed limit; or
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15 | (ii) a violation relating to reckless driving; or
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16 | (iii) a violation of any State law or local | ||||||
17 | ordinance relating to motor
vehicle traffic control | ||||||
18 | (other than parking violations) arising in
connection | ||||||
19 | with a fatal traffic accident; or
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20 | (iv) a violation of Section 6-501, relating to | ||||||
21 | having multiple driver's
licenses; or
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22 | (v) a violation of paragraph (a) of Section 6-507, | ||||||
23 | relating to the
requirement to have a valid CDL; or
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24 | (vi) a violation relating to improper or erratic | ||||||
25 | traffic lane changes;
or
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26 | (vii) a violation relating to following another |
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1 | vehicle too closely; or
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2 | (B) any other similar violation of a law or local
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3 | ordinance of any state relating to motor vehicle traffic | ||||||
4 | control, other
than a parking violation, which the | ||||||
5 | Secretary of State determines by
administrative rule to be | ||||||
6 | serious.
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7 | (27) State. "State" means a state of the United States, the | ||||||
8 | District of
Columbia and any province or territory of Canada.
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9 | (28) (Blank).
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10 | (29) (Blank).
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11 | (30) (Blank).
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12 | (31) (Blank).
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13 | (Source: P.A. 97-208, eff. 1-1-12.)
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
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