Bill Text: IL HB5073 | 2011-2012 | 97th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Secretary of State Act. Provides that fees for dishonored payments apply to any payment (instead of to each check, money order, or bank draft). Provides that the Secretary shall assess a penalty of 25% for certain dishonored payments. Provides that the Secretary may waive fees for certain duplicate documents for disaster victims who meet specified criteria. Amends the Illinois Vehicle Code. Increases the fee for dishonored payments from $19 to $25 and makes the fee applicable to all dishonored payments (instead of only to checks). Provides that out of each fee collected for dishonored payments, $5 shall be deposited in the Secretary of State Special Services Fund. Provides that penalty fees take effect if the total amount due to the Secretary exceeds $100 (instead of $50). Provides that certain Armed Forces members are exempt from driver's license requirements for a period of 120 (instead of 90) days following the service members' return to the United States. Puts restrictions on the issuance of a graduated driver's license to persons under 18 years of age who are not legally emancipated (instead of legally emancipated by marriage). Removes provisions containing certain restrictions on the operation of a motor vehicle by a graduated driver's license holder. Provides that the Secretary may cancel any license or permit upon determining that the holder has had his or her medical examiner's certificate, medical variance, or both removed or rescinded by the Federal Motor Carrier Safety Administration or has failed to self-certify as to the type of driving in which the CDL driver engages or expects to engage. Provides that certain information collected from a driver education provider applicant may be used at administrative hearings relating to the denial, cancellation, suspension, or revocation of a driver training school license. Removes certain language concerning the applicability of a Section concerning chemical testing of motorists involved in a personal injury or fatal motor vehicle accident. Sec. 5.5 of Section 5 and Sec. 3-821 of Section 10 are effective January 1, 2013. The remainder of the Act is effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2012-07-20 - Public Act . . . . . . . . . 97-0835 [HB5073 Detail]
Download: Illinois-2011-HB5073-Introduced.html
Bill Title: Amends the Secretary of State Act. Provides that fees for dishonored payments apply to any payment (instead of to each check, money order, or bank draft). Provides that the Secretary shall assess a penalty of 25% for certain dishonored payments. Provides that the Secretary may waive fees for certain duplicate documents for disaster victims who meet specified criteria. Amends the Illinois Vehicle Code. Increases the fee for dishonored payments from $19 to $25 and makes the fee applicable to all dishonored payments (instead of only to checks). Provides that out of each fee collected for dishonored payments, $5 shall be deposited in the Secretary of State Special Services Fund. Provides that penalty fees take effect if the total amount due to the Secretary exceeds $100 (instead of $50). Provides that certain Armed Forces members are exempt from driver's license requirements for a period of 120 (instead of 90) days following the service members' return to the United States. Puts restrictions on the issuance of a graduated driver's license to persons under 18 years of age who are not legally emancipated (instead of legally emancipated by marriage). Removes provisions containing certain restrictions on the operation of a motor vehicle by a graduated driver's license holder. Provides that the Secretary may cancel any license or permit upon determining that the holder has had his or her medical examiner's certificate, medical variance, or both removed or rescinded by the Federal Motor Carrier Safety Administration or has failed to self-certify as to the type of driving in which the CDL driver engages or expects to engage. Provides that certain information collected from a driver education provider applicant may be used at administrative hearings relating to the denial, cancellation, suspension, or revocation of a driver training school license. Removes certain language concerning the applicability of a Section concerning chemical testing of motorists involved in a personal injury or fatal motor vehicle accident. Sec. 5.5 of Section 5 and Sec. 3-821 of Section 10 are effective January 1, 2013. The remainder of the Act is effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2012-07-20 - Public Act . . . . . . . . . 97-0835 [HB5073 Detail]
Download: Illinois-2011-HB5073-Introduced.html
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning the Secretary of State.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The Secretary of State Act is amended by | |||||||||||||||||||
5 | changing Section 5.5 and by adding Section 6b as follows:
| |||||||||||||||||||
6 | (15 ILCS 305/5.5)
| |||||||||||||||||||
7 | Sec. 5.5. Secretary of State fees. There shall be paid to
| |||||||||||||||||||
8 | the Secretary of State the following fees:
| |||||||||||||||||||
9 | For certificate or apostille, with seal: $2.
| |||||||||||||||||||
10 | For each certificate, without seal: $1.
| |||||||||||||||||||
11 | For each commission to any officer or other person (except | |||||||||||||||||||
12 | military
commissions), with seal: $2.
| |||||||||||||||||||
13 | For copies of exemplifications of records, or for a | |||||||||||||||||||
14 | certified copy of any
document, instrument, or paper when not | |||||||||||||||||||
15 | otherwise provided by law, and
it does not exceed legal size: | |||||||||||||||||||
16 | $0.50 per page or any portion
of a page; and
$2 for the | |||||||||||||||||||
17 | certificate, with seal affixed.
| |||||||||||||||||||
18 | For copies of exemplifications of records or a certified | |||||||||||||||||||
19 | copy of any
document, instrument, or paper, when not otherwise | |||||||||||||||||||
20 | provided for by law,
that exceeds legal size: $1 per page or | |||||||||||||||||||
21 | any portion of a
page; and $2 for
the certificate, with seal | |||||||||||||||||||
22 | affixed.
| |||||||||||||||||||
23 | For copies of bills or other papers: $0.50 per page or any
|
| |||||||
| |||||||
1 | portion
of a page; and $2 for the certificate, with seal
| ||||||
2 | affixed, except that
there shall be no charge for making or | ||||||
3 | certifying copies that are furnished
to any governmental agency | ||||||
4 | for official use.
| ||||||
5 | For recording a duplicate of an affidavit showing the | ||||||
6 | appointment of
trustees
of a religious corporation: $0.50; and | ||||||
7 | $2 for the certificate of
recording,
with seal affixed.
| ||||||
8 | For filing and recording an application under the Soil | ||||||
9 | Conservation
Districts Law and making and issuing a certificate | ||||||
10 | for the application, under seal:
$10.
| ||||||
11 | For recording any other document, instrument, or paper | ||||||
12 | required or
permitted to be recorded with the Secretary of | ||||||
13 | State, which recording shall
be done by any approved | ||||||
14 | photographic or photostatic process, if
the page
to be recorded | ||||||
15 | does not exceed legal size and the fees and charges therefor
| ||||||
16 | are not otherwise fixed by law: $0.50 per page or any portion | ||||||
17 | of
a page; and $2
for the certificate of recording, with seal | ||||||
18 | affixed.
| ||||||
19 | For recording any other document, instrument, or paper | ||||||
20 | required or
permitted to be recorded with the Secretary of | ||||||
21 | State, which recording shall
be done by any approved | ||||||
22 | photographic or photostatic process, if
the page
to be recorded | ||||||
23 | exceeds legal size and the fees and charges therefor are not
| ||||||
24 | otherwise fixed by law: $1 per page or any portion of a page; | ||||||
25 | and $2 for the
certificate of recording attached to the | ||||||
26 | original, with seal
affixed.
|
| |||||||
| |||||||
1 | For each duplicate certified copy of a school land patent: | ||||||
2 | $3.
| ||||||
3 | For each photostatic copy of a township plat: $2.
| ||||||
4 | For each page of a photostatic copy of surveyors field | ||||||
5 | notes: $2.
| ||||||
6 | For each page of a photostatic copy of a state land patent, | ||||||
7 | including
certification: $4.
| ||||||
8 | For each page of a photostatic copy of a swamp land grant: | ||||||
9 | $2.
| ||||||
10 | For each page of photostatic copies of all other | ||||||
11 | instruments or
documents relating to land records: $2.
| ||||||
12 | For any payment to each check, money order, or bank draft | ||||||
13 | returned by the Secretary of
State when it has not been | ||||||
14 | honored: $25. If the total amount due to the Secretary exceeds | ||||||
15 | $100 and has not been paid in full within 60 days from the date | ||||||
16 | the fee became due, the Secretary shall assess a penalty of 25% | ||||||
17 | of the dishonored payment amount.
| ||||||
18 | For any research request received after the effective date | ||||||
19 | of the changes
made to this Section by this
amendatory Act of | ||||||
20 | the 93rd General Assembly by an out-of-State or non-Illinois
| ||||||
21 | resident: $10,
prepaid and nonrefundable, for which the | ||||||
22 | requester will receive up to 2
unofficial
noncertified copies | ||||||
23 | of the records requested. The fees under this paragraph
shall | ||||||
24 | be deposited into
the
General Revenue Fund.
| ||||||
25 | The Illinois State Archives is authorized to charge | ||||||
26 | reasonable fees to
reimburse the cost of production and |
| |||||||
| |||||||
1 | distribution of copies of finding aids to
the
records that it | ||||||
2 | holds or copies of published versions or editions of those
| ||||||
3 | records
in printed, microfilm, or electronic formats. The fees | ||||||
4 | under this paragraph
shall be deposited
into
the
General | ||||||
5 | Revenue Fund.
| ||||||
6 | As used in this Section, "legal size" means a sheet of | ||||||
7 | paper that is 8.5
inches wide and 14 inches long, or written or | ||||||
8 | printed matter on a sheet of
paper that does not exceed that | ||||||
9 | width and length, or either of them.
| ||||||
10 | (Source: P.A. 93-32, eff. 1-1-04.)
| ||||||
11 | (15 ILCS 305/6b new) | ||||||
12 | Sec. 6b. Waiver of certain fees for disaster victims. The | ||||||
13 | Secretary of State may, upon a proclamation by the Governor | ||||||
14 | that a disaster exists, waive fees for a duplicate certificate | ||||||
15 | of title, vehicle registration, driver's license, or State | ||||||
16 | identification card if the citizen provides sufficient proof | ||||||
17 | that he or she resides in the declared disaster area and that | ||||||
18 | the original documents were lost or destroyed due to the | ||||||
19 | disaster.
| ||||||
20 | Section 10. The Illinois Vehicle Code is amended by | ||||||
21 | changing Sections 3-821, 6-102, 6-107, 6-201, 6-402, 6-411 and | ||||||
22 | 11-501.6 as follows:
| ||||||
23 | (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | Sec. 3-821. Miscellaneous Registration and Title Fees.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | (a) The fee to be paid to the Secretary of State for the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | following
certificates, registrations or evidences of proper | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | registration, or for
corrected or duplicate documents shall be | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | in accordance with the following
schedule:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| |||||||||||||
| |||||||||||||
| |||||||||||||
4 | A special corrected certificate of title shall be issued | ||||||||||||
5 | (i) to remove a co-owner's name due to the death of the | ||||||||||||
6 | co-owner or due to a divorce or (ii) to change a co-owner's | ||||||||||||
7 | name due to a marriage.
| ||||||||||||
8 | There shall be no fee paid for a Junking Certificate.
| ||||||||||||
9 | There shall be no fee paid for a certificate of title | ||||||||||||
10 | issued to a county when the vehicle is forfeited to the county | ||||||||||||
11 | under Article 36 of the Criminal Code of 1961. | ||||||||||||
12 | (a-5) The Secretary of State may revoke a certificate of | ||||||||||||
13 | title and registration card and issue a corrected certificate | ||||||||||||
14 | of title and registration card, at no fee to the vehicle owner | ||||||||||||
15 | or lienholder, if there is proof that the vehicle | ||||||||||||
16 | identification number is erroneously shown on the original | ||||||||||||
17 | certificate of title.
| ||||||||||||
18 | (b) The Secretary may prescribe the maximum service charge | ||||||||||||
19 | to be
imposed upon an applicant for renewal of a registration | ||||||||||||
20 | by any person
authorized by law to receive and remit or | ||||||||||||
21 | transmit to the Secretary such
renewal application and fees | ||||||||||||
22 | therewith.
| ||||||||||||
23 | (c) If payment a check is delivered to the Office of the | ||||||||||||
24 | Secretary of State
as payment of any fee or tax under this | ||||||||||||
25 | Code, and such payment check is not
honored by the bank on | ||||||||||||
26 | which it is drawn for any reason, the registrant
or other |
| |||||||
| |||||||
1 | person tendering the payment check remains liable for the | ||||||
2 | payment of
such fee or tax. The Secretary of State may assess a | ||||||
3 | service charge of $25
$19
in addition to the fee or tax due and | ||||||
4 | owing for all dishonored payments
checks .
| ||||||
5 | If the total amount then due and owing exceeds the sum of | ||||||
6 | $100 $50 and
has not been paid in full within 60 days from the | ||||||
7 | date such fee or tax
became due to the Secretary of State, the | ||||||
8 | Secretary of State shall
assess a penalty of 25% of such amount | ||||||
9 | remaining unpaid.
| ||||||
10 | All amounts payable under this Section shall be computed to | ||||||
11 | the
nearest dollar. Out of each fee collected for dishonored | ||||||
12 | payments, $5 shall be deposited in the Secretary of State | ||||||
13 | Special Services Fund.
| ||||||
14 | (d) The minimum fee and tax to be paid by any applicant for
| ||||||
15 | apportionment of a fleet of vehicles under this Code shall be | ||||||
16 | $15
if the application was filed on or before the date | ||||||
17 | specified by the
Secretary together with fees and taxes due. If | ||||||
18 | an application and the
fees or taxes due are filed after the | ||||||
19 | date specified by the Secretary,
the Secretary may prescribe | ||||||
20 | the payment of interest at the rate of 1/2
of 1% per month or | ||||||
21 | fraction thereof after such due date and a minimum of
$8.
| ||||||
22 | (e) Trucks, truck tractors, truck tractors with loads, and | ||||||
23 | motor buses,
any one of which having a combined total weight in | ||||||
24 | excess of 12,000 lbs.
shall file an application for a Fleet | ||||||
25 | Reciprocity Permit issued by the
Secretary of State. This | ||||||
26 | permit shall be in the possession of any driver
operating a |
| |||||||
| |||||||
1 | vehicle on Illinois highways. Any foreign licensed vehicle of | ||||||
2 | the
second division operating at any time in Illinois without a | ||||||
3 | Fleet Reciprocity
Permit or other proper Illinois | ||||||
4 | registration, shall subject the operator to the
penalties | ||||||
5 | provided in Section 3-834 of this Code. For the purposes of | ||||||
6 | this
Code, "Fleet Reciprocity Permit" means any second division | ||||||
7 | motor vehicle with a
foreign license and used only in | ||||||
8 | interstate transportation of goods. The fee
for such permit | ||||||
9 | shall be $15 per fleet which shall include all
vehicles of the | ||||||
10 | fleet being registered.
| ||||||
11 | (f) For purposes of this Section, "all-terrain vehicle or | ||||||
12 | off-highway
motorcycle used for production agriculture" means | ||||||
13 | any all-terrain vehicle or
off-highway motorcycle used in the | ||||||
14 | raising
of or the propagation of livestock, crops for sale for | ||||||
15 | human consumption,
crops for livestock consumption, and | ||||||
16 | production seed stock grown for the
propagation of feed grains | ||||||
17 | and the husbandry of animals or for the purpose
of providing a | ||||||
18 | food product, including the husbandry of blood stock as a
main | ||||||
19 | source of providing a food product.
"All-terrain vehicle or | ||||||
20 | off-highway motorcycle used in production agriculture"
also | ||||||
21 | means any all-terrain vehicle or off-highway motorcycle used in | ||||||
22 | animal
husbandry, floriculture, aquaculture, horticulture, and | ||||||
23 | viticulture.
| ||||||
24 | (g) All of the proceeds of the additional fees imposed by | ||||||
25 | Public Act 96-34 shall be deposited into the Capital Projects | ||||||
26 | Fund. |
| |||||||
| |||||||
1 | (Source: P.A. 95-287, eff. 1-1-08; 96-34, eff. 7-13-09; 96-554, | ||||||
2 | eff. 1-1-10; 96-653, eff. 1-1-10; 96-1000, eff. 7-2-10; | ||||||
3 | 96-1274, eff. 7-26-10.)
| ||||||
4 | (625 ILCS 5/6-102) (from Ch. 95 1/2, par. 6-102)
| ||||||
5 | Sec. 6-102. What persons are exempt. The following persons | ||||||
6 | are exempt
from the requirements of Section 6-101 and are not | ||||||
7 | required to have an
Illinois drivers license or permit if one | ||||||
8 | or more of the following
qualifying exemptions are met and | ||||||
9 | apply:
| ||||||
10 | 1. Any employee of the United States Government or any | ||||||
11 | member of the
Armed Forces of the United States, while | ||||||
12 | operating a motor vehicle owned by
or leased to the United | ||||||
13 | States Government and being operated on official
business | ||||||
14 | need not be licensed;
| ||||||
15 | 2. A nonresident who has in his immediate possession a | ||||||
16 | valid license issued
to him in his home state or country | ||||||
17 | may operate a motor vehicle for which
he is licensed for | ||||||
18 | the period during which he is in this State;
| ||||||
19 | 3. A nonresident and his spouse and children living | ||||||
20 | with him who is a
student at a college or university in | ||||||
21 | Illinois who have a valid license
issued by their home | ||||||
22 | State.
| ||||||
23 | 4. A person operating a road machine temporarily upon a | ||||||
24 | highway or
operating a farm tractor between the home farm | ||||||
25 | buildings and any adjacent
or nearby farm land for the |
| |||||||
| |||||||
1 | exclusive purpose of conducting farm operations
need not be | ||||||
2 | licensed as a driver.
| ||||||
3 | 5. A resident of this State who has been serving as a | ||||||
4 | member of the
Armed Forces of the United States outside the | ||||||
5 | Continental limits of the
United States, for a period of | ||||||
6 | 120 90 days following his return to the
continental limits | ||||||
7 | of the United States.
| ||||||
8 | 6. A nonresident on active duty in the Armed Forces of | ||||||
9 | the United States
who has a valid license issued by his | ||||||
10 | home state and such nonresident's
spouse, and dependent | ||||||
11 | children and living with parents, who have a valid
license | ||||||
12 | issued by their home state.
| ||||||
13 | 7. A nonresident who becomes a resident of this State, | ||||||
14 | may for a period of
the first 90 days of residence in | ||||||
15 | Illinois operate any motor vehicle which
he was qualified | ||||||
16 | or licensed to drive by his home state or country so long
| ||||||
17 | as he has in his possession, a valid and current license | ||||||
18 | issued to him by
his home state or country. Upon expiration | ||||||
19 | of such 90 day period, such new
resident must comply with | ||||||
20 | the provisions of this Act and apply for an
Illinois | ||||||
21 | license or permit.
| ||||||
22 | 8. An engineer, conductor, brakeman, or any other | ||||||
23 | member of the crew
of a locomotive or train being operated | ||||||
24 | upon rails, including operation on
a railroad crossing over | ||||||
25 | a public street, road or highway. Such person is
not | ||||||
26 | required to display a driver's license to any law |
| |||||||
| |||||||
1 | enforcement officer
in connection with the operation of a | ||||||
2 | locomotive or train within this State.
| ||||||
3 | The provisions of this Section granting exemption to any | ||||||
4 | nonresident
shall be operative to the same extent that the laws | ||||||
5 | of the State or country
of such nonresident grant like | ||||||
6 | exemption to residents of this State.
| ||||||
7 | The Secretary of State may implement the exemption | ||||||
8 | provisions of this
Section by inclusion thereof in a | ||||||
9 | reciprocity agreement, arrangement or
declaration issued | ||||||
10 | pursuant to this Act.
| ||||||
11 | (Source: P.A. 96-607, eff. 8-24-09.)
| ||||||
12 | (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
| ||||||
13 | Sec. 6-107. Graduated license.
| ||||||
14 | (a) The purpose of the Graduated
Licensing Program is to | ||||||
15 | develop safe and mature driving habits in young,
inexperienced | ||||||
16 | drivers and reduce or prevent motor vehicle accidents,
| ||||||
17 | fatalities,
and injuries by:
| ||||||
18 | (1) providing for an increase in the time of practice | ||||||
19 | period before
granting
permission to obtain a driver's | ||||||
20 | license;
| ||||||
21 | (2) strengthening driver licensing and testing | ||||||
22 | standards for persons under
the age of 21 years;
| ||||||
23 | (3) sanctioning driving privileges of drivers under | ||||||
24 | age 21 who have
committed serious traffic violations or | ||||||
25 | other specified offenses; and
|
| |||||||
| |||||||
1 | (4) setting stricter standards to promote the public's | ||||||
2 | health and
safety.
| ||||||
3 | (b) The application of any person under
the age of 18 | ||||||
4 | years, and not legally emancipated by marriage , for a drivers
| ||||||
5 | license or permit to operate a motor vehicle issued under the | ||||||
6 | laws of this
State, shall be accompanied by the written consent | ||||||
7 | of either parent of the
applicant; otherwise by the guardian | ||||||
8 | having custody of the applicant, or
in the event there is no | ||||||
9 | parent or guardian, then by another responsible adult. The | ||||||
10 | written consent must accompany any application for a driver's | ||||||
11 | license under this subsection (b), regardless of whether or not | ||||||
12 | the required written consent also accompanied the person's | ||||||
13 | previous application for an instruction permit.
| ||||||
14 | No graduated driver's license shall be issued to any | ||||||
15 | applicant under 18
years
of age, unless the applicant is at | ||||||
16 | least 16 years of age and has:
| ||||||
17 | (1) Held a valid instruction permit for a minimum of 9 | ||||||
18 | months.
| ||||||
19 | (2) Passed an approved driver education course
and | ||||||
20 | submits proof of having passed the course as may
be | ||||||
21 | required.
| ||||||
22 | (3) Certification by the parent, legal guardian, or | ||||||
23 | responsible adult that
the applicant has had a minimum of | ||||||
24 | 50 hours of behind-the-wheel practice time, at least 10 | ||||||
25 | hours of which have been at night,
and is sufficiently | ||||||
26 | prepared and able to safely operate a motor vehicle.
|
| |||||||
| |||||||
1 | (b-1) No graduated
driver's license shall be issued to any | ||||||
2 | applicant who is under 18 years of age
and not legally | ||||||
3 | emancipated by marriage , unless the applicant has graduated
| ||||||
4 | from a secondary school of this State or any other state, is | ||||||
5 | enrolled in a
course leading to a general educational | ||||||
6 | development (GED) certificate, has
obtained a GED certificate, | ||||||
7 | is enrolled in an elementary or secondary school or college or | ||||||
8 | university
of this State or any other state and is not a | ||||||
9 | chronic or habitual truant as provided in Section 26-2a of the | ||||||
10 | School Code, or is receiving home instruction and submits proof | ||||||
11 | of meeting any of those
requirements at the time of | ||||||
12 | application.
| ||||||
13 | An applicant under 18 years of age who provides proof | ||||||
14 | acceptable to the Secretary that the applicant has resumed | ||||||
15 | regular school attendance or home instruction or that his or | ||||||
16 | her application was denied in error shall be eligible to | ||||||
17 | receive a graduated license if other requirements are met. The | ||||||
18 | Secretary shall adopt rules for implementing this subsection | ||||||
19 | (b-1).
| ||||||
20 | (c) No graduated driver's license or permit shall be issued | ||||||
21 | to
any applicant under 18
years of age who has committed the | ||||||
22 | offense of operating a motor vehicle
without a valid license or | ||||||
23 | permit in violation of Section 6-101 of this Code
or a similar | ||||||
24 | out of state offense and no graduated driver's
license or | ||||||
25 | permit shall be issued to any applicant under 18 years of age
| ||||||
26 | who has committed an offense that would otherwise result in a
|
| |||||||
| |||||||
1 | mandatory revocation of a license or permit as provided in | ||||||
2 | Section 6-205 of
this Code or who has been either convicted of | ||||||
3 | or adjudicated a delinquent based
upon a violation of the | ||||||
4 | Cannabis Control Act, the Illinois Controlled
Substances Act, | ||||||
5 | the Use of Intoxicating Compounds Act, or the Methamphetamine | ||||||
6 | Control and Community Protection Act while that individual was | ||||||
7 | in actual physical control of a motor
vehicle. For purposes of | ||||||
8 | this Section, any person placed on probation under
Section 10 | ||||||
9 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
10 | Controlled Substances Act, or Section 70 of the Methamphetamine | ||||||
11 | Control and Community Protection Act shall not be considered | ||||||
12 | convicted. Any person found
guilty of this offense, while in | ||||||
13 | actual physical control of a motor vehicle,
shall have an entry | ||||||
14 | made in the court record by the judge that this offense did
| ||||||
15 | occur while the person was in actual physical control of a | ||||||
16 | motor vehicle and
order the clerk of the court to report the | ||||||
17 | violation to the Secretary of State
as such.
| ||||||
18 | (d) No graduated driver's license shall be issued for 9 | ||||||
19 | months to any
applicant
under
the
age of 18 years who has | ||||||
20 | committed and subsequently been convicted of an offense against | ||||||
21 | traffic regulations governing the movement of vehicles, any | ||||||
22 | violation of this Section or Section 12-603.1 of this Code, or | ||||||
23 | who has received a disposition of court supervision for a | ||||||
24 | violation of Section 6-20 of the Illinois Liquor Control Act of | ||||||
25 | 1934 or a similar provision of a local ordinance.
| ||||||
26 | (e) No graduated driver's license holder under the age
of |
| |||||||
| |||||||
1 | 18 years shall operate any
motor vehicle, except a motor driven | ||||||
2 | cycle or motorcycle, with
more than one passenger in the front | ||||||
3 | seat of the motor vehicle
and no more passengers in the back | ||||||
4 | seats than the number of available seat
safety belts as set | ||||||
5 | forth in Section 12-603 of this Code. If a graduated driver's | ||||||
6 | license holder over the age of 18 committed an offense against | ||||||
7 | traffic regulations governing the movement of vehicles or any | ||||||
8 | violation of this Section or Section 12-603.1 of this Code in | ||||||
9 | the 6 months prior to the graduated driver's license holder's | ||||||
10 | 18th birthday, and was subsequently convicted of the violation, | ||||||
11 | the provisions of this paragraph shall continue to apply until | ||||||
12 | such time as a period of 6 consecutive months has elapsed | ||||||
13 | without an additional violation and subsequent conviction of an | ||||||
14 | offense against traffic regulations governing the movement of | ||||||
15 | vehicles or any violation of this Section or Section 12-603.1 | ||||||
16 | of this Code.
| ||||||
17 | (f) (Blank). No graduated driver's license holder under the | ||||||
18 | age of 18 shall operate a
motor vehicle unless each driver and | ||||||
19 | passenger under the
age of 19 is wearing a properly adjusted | ||||||
20 | and fastened seat safety belt and each child under the age of 8 | ||||||
21 | is protected as required under the Child Passenger Protection | ||||||
22 | Act. If a graduated driver's license holder over the age of 18 | ||||||
23 | committed an offense against traffic regulations governing the | ||||||
24 | movement of vehicles or any violation of this Section or | ||||||
25 | Section 12-603.1 of this Code in the 6 months prior to the | ||||||
26 | graduated driver's license holder's 18th birthday, and was |
| |||||||
| |||||||
1 | subsequently convicted of the violation, the provisions of this | ||||||
2 | paragraph shall continue to apply until such time as a period | ||||||
3 | of 6 consecutive months has elapsed without an additional | ||||||
4 | violation and subsequent conviction of an offense against | ||||||
5 | traffic regulations governing the movement of vehicles or any | ||||||
6 | violation of this Section or Section 12-603.1 of this Code.
| ||||||
7 | (g) If a graduated driver's license holder is under the age | ||||||
8 | of 18 when he
or she receives the license, for the first 12 | ||||||
9 | months he or she holds the license
or
until he or she reaches | ||||||
10 | the age of 18, whichever occurs sooner, the graduated
license
| ||||||
11 | holder may not operate a motor vehicle with more than one | ||||||
12 | passenger in the
vehicle
who is under the age of 20, unless any | ||||||
13 | additional passenger or passengers are
siblings, | ||||||
14 | step-siblings, children, or stepchildren of the driver. If a | ||||||
15 | graduated driver's license holder committed an offense against | ||||||
16 | traffic regulations governing the movement of vehicles or any | ||||||
17 | violation of this Section or Section 12-603.1 of this Code | ||||||
18 | during the first 12 months the license is held and subsequently | ||||||
19 | is convicted of the violation, the provisions of this paragraph | ||||||
20 | shall remain in effect until such time as a period of 6 | ||||||
21 | consecutive months has elapsed without an additional violation | ||||||
22 | and subsequent conviction of an offense against traffic | ||||||
23 | regulations governing the movement of vehicles or any violation | ||||||
24 | of this Section or Section 12-603.1 of this Code.
| ||||||
25 | (h) It shall be an offense for a person that is age 15, but | ||||||
26 | under age 20, to be a passenger in a vehicle operated by a |
| |||||||
| |||||||
1 | driver holding a graduated driver's license during the first 12 | ||||||
2 | months the driver holds the license or until the driver reaches | ||||||
3 | the age of 18, whichever occurs sooner, if another passenger | ||||||
4 | under the age of 20 is present, excluding a sibling, | ||||||
5 | step-sibling, child, or step-child of the driver.
| ||||||
6 | (Source: P.A. 96-607, eff. 8-24-09; 97-229, eff. 7-28-11.)
| ||||||
7 | (625 ILCS 5/6-201)
| ||||||
8 | Sec. 6-201. Authority to cancel licenses and permits.
| ||||||
9 | (a) The Secretary of State is authorized to cancel any | ||||||
10 | license or permit
upon determining that the holder thereof:
| ||||||
11 | 1. was not entitled to the issuance thereof hereunder; | ||||||
12 | or
| ||||||
13 | 2. failed to give the required or correct information | ||||||
14 | in his
application; or
| ||||||
15 | 3. failed to pay any fees, civil penalties owed to the | ||||||
16 | Illinois Commerce
Commission, or taxes due under this Act | ||||||
17 | and upon reasonable notice and demand;
or
| ||||||
18 | 4. committed any fraud in the making of such | ||||||
19 | application; or
| ||||||
20 | 5. is ineligible therefor under the provisions of | ||||||
21 | Section 6-103 of this
Act, as amended; or
| ||||||
22 | 6. has refused or neglected to submit an alcohol, drug, | ||||||
23 | and
intoxicating compound evaluation or to
submit to | ||||||
24 | examination or re-examination as required under this Act; | ||||||
25 | or
|
| |||||||
| |||||||
1 | 7. has been convicted of violating the Cannabis Control | ||||||
2 | Act,
the
Illinois Controlled Substances Act, the | ||||||
3 | Methamphetamine Control and Community Protection Act, or | ||||||
4 | the Use of Intoxicating Compounds
Act while that individual | ||||||
5 | was in actual physical
control of a motor vehicle. For | ||||||
6 | purposes of this Section, any person placed on
probation | ||||||
7 | under Section 10 of the Cannabis Control Act, Section 410 | ||||||
8 | of the
Illinois Controlled Substances Act, or Section 70 of | ||||||
9 | the Methamphetamine Control and Community Protection Act | ||||||
10 | shall not be considered convicted. Any
person found guilty | ||||||
11 | of this offense, while in actual physical control of a
| ||||||
12 | motor vehicle, shall have an entry made in the court record | ||||||
13 | by the
judge that this offense did occur while the person | ||||||
14 | was in actual
physical control of a motor vehicle and order | ||||||
15 | the clerk of the court to report
the violation to the | ||||||
16 | Secretary of State as such. After the cancellation, the
| ||||||
17 | Secretary of State shall not issue a new license or permit | ||||||
18 | for a period of one
year after the date of cancellation. | ||||||
19 | However, upon application, the Secretary
of State may, if | ||||||
20 | satisfied that the person applying will not endanger the
| ||||||
21 | public safety, or welfare, issue a restricted driving | ||||||
22 | permit granting the
privilege of driving a motor vehicle | ||||||
23 | between the petitioner's residence and
petitioner's place | ||||||
24 | of employment or within the scope of the petitioner's | ||||||
25 | employment
related duties, or to allow transportation for
| ||||||
26 | the petitioner or a household member of the petitioner's |
| |||||||
| |||||||
1 | family for the receipt of
necessary medical care, or | ||||||
2 | provide transportation for the petitioner to and from | ||||||
3 | alcohol or drug remedial or
rehabilitative activity | ||||||
4 | recommended by a licensed service provider, or for the | ||||||
5 | petitioner to attend classes, as a student,
in an | ||||||
6 | accredited educational institution. The petitioner must
| ||||||
7 | demonstrate that no alternative means of transportation is | ||||||
8 | reasonably
available; provided that the Secretary's | ||||||
9 | discretion shall be limited to
cases where undue hardship, | ||||||
10 | as defined by the rules of the Secretary of State, would | ||||||
11 | result from a failure to issue such
restricted driving | ||||||
12 | permit. In each case the Secretary of State may issue
such | ||||||
13 | restricted driving permit for such period as he deems | ||||||
14 | appropriate,
except that such permit shall expire within | ||||||
15 | one year from the date of
issuance. A restricted driving | ||||||
16 | permit issued hereunder shall be subject to
cancellation, | ||||||
17 | revocation and suspension by the Secretary of State in like
| ||||||
18 | manner and for like cause as a driver's license issued | ||||||
19 | hereunder may be
cancelled, revoked or suspended; except | ||||||
20 | that a conviction upon one or more
offenses against laws or | ||||||
21 | ordinances regulating the movement of traffic
shall be | ||||||
22 | deemed sufficient cause for the revocation, suspension or
| ||||||
23 | cancellation of a restricted driving permit. The Secretary | ||||||
24 | of State may,
as a condition to the issuance of a | ||||||
25 | restricted driving permit, require the
applicant to | ||||||
26 | participate in a driver remedial or rehabilitative
|
| |||||||
| |||||||
1 | program. In accordance with 49 C.F.R. 384, the Secretary of | ||||||
2 | State may not issue a restricted driving permit for the | ||||||
3 | operation of a commercial motor vehicle to a person holding | ||||||
4 | a CDL whose driving privileges have been revoked, | ||||||
5 | suspended, cancelled, or disqualified under this Code; or
| ||||||
6 | 8. failed to submit a report as required by Section | ||||||
7 | 6-116.5 of this
Code; or
| ||||||
8 | 9. has been convicted of a sex offense as defined in | ||||||
9 | the Sex Offender Registration Act. The driver's license | ||||||
10 | shall remain cancelled until the driver registers as a sex | ||||||
11 | offender as required by the Sex Offender Registration Act, | ||||||
12 | proof of the registration is furnished to the Secretary of | ||||||
13 | State and the sex offender provides proof of current | ||||||
14 | address to the Secretary; or
| ||||||
15 | 10. is ineligible for a license or permit under Section | ||||||
16 | 6-107, 6-107.1, or
6-108 of this Code; or
| ||||||
17 | 11. refused or neglected to appear at a Driver Services | ||||||
18 | facility to have the license or permit corrected and a new | ||||||
19 | license or permit issued or to present documentation for | ||||||
20 | verification of identity; or
| ||||||
21 | 12. failed to submit a medical examiner's certificate | ||||||
22 | or medical variance as required by 49 C.F.R. 383.71 or | ||||||
23 | submitted a fraudulent medical examiner's certificate or | ||||||
24 | medical variance ; or . | ||||||
25 | 13. has had his or her medical examiner's certificate, | ||||||
26 | medical variance, or both removed or rescinded by the |
| |||||||
| |||||||
1 | Federal Motor Carrier Safety Administration; or | ||||||
2 | 14. failed to self-certify as to the type of driving in | ||||||
3 | which the CDL driver engages or expects to engage. | ||||||
4 | (b) Upon such cancellation the licensee or permittee must | ||||||
5 | surrender the
license or permit so cancelled to the Secretary | ||||||
6 | of State.
| ||||||
7 | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | ||||||
8 | Secretary of State
shall have exclusive authority to grant, | ||||||
9 | issue, deny, cancel, suspend and
revoke driving privileges, | ||||||
10 | drivers' licenses and restricted driving permits.
| ||||||
11 | (d) The Secretary of State may adopt rules to implement | ||||||
12 | this Section.
| ||||||
13 | (Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11; | ||||||
14 | revised 10-4-11.)
| ||||||
15 | (625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)
| ||||||
16 | Sec. 6-402. Qualifications of driver training schools. In | ||||||
17 | order to
qualify for a license to operate a driver training | ||||||
18 | school, each applicant must:
| ||||||
19 | (a) be of good moral character;
| ||||||
20 | (b) be at least 21 years of age;
| ||||||
21 | (c) maintain an established place of business open to | ||||||
22 | the public which
meets the requirements of Section 6-403 | ||||||
23 | through 6-407;
| ||||||
24 | (d) maintain bodily injury and property damage | ||||||
25 | liability insurance on
motor vehicles while used in driving |
| |||||||
| |||||||
1 | instruction, insuring the liability of
the driving school, | ||||||
2 | the driving instructors and any person taking
instruction | ||||||
3 | in at least the following amounts: $50,000 for bodily | ||||||
4 | injury to
or death of one person in any one accident and, | ||||||
5 | subject to said limit for
one person, $100,000 for bodily | ||||||
6 | injury to or death of 2 or more persons in
any one accident | ||||||
7 | and the amount of $10,000 for damage to property of others
| ||||||
8 | in any one accident. Evidence of such insurance coverage in | ||||||
9 | the form of a
certificate from the insurance carrier shall | ||||||
10 | be filed with the Secretary of
State, and such certificate | ||||||
11 | shall stipulate that the insurance shall not be
cancelled | ||||||
12 | except upon 10 days prior written notice to the Secretary | ||||||
13 | of
State. The decal showing evidence of insurance shall be | ||||||
14 | affixed to the
windshield of the vehicle;
| ||||||
15 | (e) provide a continuous surety company bond in the | ||||||
16 | principal sum of
$10,000 for a non-accredited school, | ||||||
17 | $40,000 for a CDL or teenage accredited school, $60,000 for | ||||||
18 | a CDL accredited and teenage accredited school, $50,000 for | ||||||
19 | a CDL or teenage accredited school with 3 or more licensed | ||||||
20 | branches, $70,000 for a CDL accredited and teenage | ||||||
21 | accredited school with 3 or more licensed branches for the | ||||||
22 | protection of the contractual rights of
students in such
| ||||||
23 | form as will meet with the approval of the Secretary of | ||||||
24 | State and written
by a company authorized to do business in | ||||||
25 | this State. However, the
aggregate liability of the surety | ||||||
26 | for all breaches of the condition of the
bond in no event |
| |||||||
| |||||||
1 | shall exceed the principal sum of $10,000 for a | ||||||
2 | non-accredited school, $40,000 for a CDL or teenage | ||||||
3 | accredited school, $60,000 for a CDL accredited and teenage | ||||||
4 | accredited school, $50,000 for a CDL or teenage accredited | ||||||
5 | school with 3 or more licensed branches, $70,000 for a CDL | ||||||
6 | accredited and teenage accredited school with 3 or more | ||||||
7 | licensed branches. The
surety on
any such bond may cancel | ||||||
8 | such bond on giving 30 days notice thereof in
writing to | ||||||
9 | the Secretary of State and shall be relieved of liability | ||||||
10 | for
any breach of any conditions of the bond which occurs | ||||||
11 | after the effective
date of cancellation;
| ||||||
12 | (f) have the equipment necessary to the giving of | ||||||
13 | proper instruction in
the operation of motor vehicles;
| ||||||
14 | (g) have and use a business telephone listing for all | ||||||
15 | business
purposes;
| ||||||
16 | (h) pay to the Secretary of State an application fee of
| ||||||
17 | $500 and $50 for each branch application; and
| ||||||
18 | (i) authorize an investigation to include a | ||||||
19 | fingerprint based background
check
to determine if the | ||||||
20 | applicant has ever been convicted of a crime and if so, the
| ||||||
21 | disposition of those convictions. The authorization shall | ||||||
22 | indicate the scope
of
the inquiry and the agencies that may | ||||||
23 | be contacted. Upon this authorization,
the
Secretary of | ||||||
24 | State may request and receive information and assistance | ||||||
25 | from any
federal, State, or local governmental agency as | ||||||
26 | part of the authorized
investigation. Each applicant shall |
| |||||||
| |||||||
1 | have his or her fingerprints submitted to
the Department of | ||||||
2 | State Police in the form and manner prescribed by the
| ||||||
3 | Department of State Police. The fingerprints shall be | ||||||
4 | checked against the
Department of State Police and Federal | ||||||
5 | Bureau of Investigation criminal history
record | ||||||
6 | information databases. The Department of State
Police | ||||||
7 | shall charge a fee for conducting the criminal history | ||||||
8 | records check,
which shall be deposited in the State Police | ||||||
9 | Services Fund and shall not exceed
the actual cost of the | ||||||
10 | records check. The applicant shall be required to pay
all
| ||||||
11 | related fingerprint fees including, but not limited to, the | ||||||
12 | amounts established
by the Department of State Police and | ||||||
13 | the Federal Bureau of Investigation to
process fingerprint | ||||||
14 | based criminal background investigations. The Department | ||||||
15 | of
State Police shall provide information concerning any | ||||||
16 | criminal convictions and
disposition of criminal | ||||||
17 | convictions brought against the applicant upon request
of | ||||||
18 | the Secretary
of State provided that the request is made in | ||||||
19 | the form and manner required by
the
Department of the State | ||||||
20 | Police. Unless otherwise prohibited by law, the
| ||||||
21 | information derived from the investigation including the | ||||||
22 | source of the
information and any conclusions or | ||||||
23 | recommendations derived from the
information by the | ||||||
24 | Secretary of State shall be provided to the applicant, or
| ||||||
25 | his
designee, upon request to the Secretary of State, prior | ||||||
26 | to any final action by
the Secretary of State on the |
| |||||||
| |||||||
1 | application. Any criminal convictions and
disposition | ||||||
2 | information obtained by the Secretary of State shall be
| ||||||
3 | confidential
and may not be transmitted outside the Office | ||||||
4 | of the Secretary of State, except
as required herein, and | ||||||
5 | may not be transmitted to anyone within the Office of
the | ||||||
6 | Secretary of State except as needed for the purpose of | ||||||
7 | evaluating the
applicant. At any administrative hearing | ||||||
8 | held under Section 2-118 of this Code relating to the | ||||||
9 | denial, cancellation, suspension, or revocation of a | ||||||
10 | driver training school license, the Secretary of State is | ||||||
11 | authorized to utilize at that hearing any criminal | ||||||
12 | histories, criminal convictions, and disposition | ||||||
13 | information obtained under this Section. The information | ||||||
14 | obtained from the investigation may be maintained
by the | ||||||
15 | Secretary of State or any agency to which the information | ||||||
16 | was
transmitted.
Only information and standards, which | ||||||
17 | bear a reasonable and rational relation
to
the performance | ||||||
18 | of a driver training school owner, shall be used by the
| ||||||
19 | Secretary of State. Any employee of the Secretary of State | ||||||
20 | who gives or causes
to be given away any confidential | ||||||
21 | information concerning any criminal charges
or disposition | ||||||
22 | of criminal charges of an applicant shall be guilty of a | ||||||
23 | Class A
misdemeanor,
unless release of the information is | ||||||
24 | authorized by this Section.
| ||||||
25 | No license shall be issued under this Section to a person | ||||||
26 | who is a
spouse, offspring, sibling, parent, grandparent, |
| |||||||
| |||||||
1 | grandchild, uncle or aunt,
nephew or niece, cousin, or in-law | ||||||
2 | of the person whose license to do
business at that location has | ||||||
3 | been revoked or denied or to a person who was
an officer or | ||||||
4 | employee of a business firm that has had its license revoked
or | ||||||
5 | denied, unless the Secretary of State is satisfied the | ||||||
6 | application was
submitted in good faith and not for the purpose | ||||||
7 | or effect of defeating the
intent of this Code.
| ||||||
8 | (Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10; | ||||||
9 | 96-1062, eff. 7-14-10; 97-333, eff. 8-12-11.)
| ||||||
10 | (625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
| ||||||
11 | Sec. 6-411. Qualifications of Driver Training Instructors. | ||||||
12 | In order to
qualify for a license as an instructor for a | ||||||
13 | driving school, an applicant must:
| ||||||
14 | (a) Be of good moral character;
| ||||||
15 | (b) Authorize an investigation to include a | ||||||
16 | fingerprint based background
check to determine if the | ||||||
17 | applicant has ever
been convicted of a crime and if so, the | ||||||
18 | disposition of those convictions;
this authorization shall | ||||||
19 | indicate the scope of the inquiry and the agencies
which | ||||||
20 | may be contacted. Upon this authorization the Secretary of | ||||||
21 | State
may request and receive information and assistance | ||||||
22 | from any federal, state
or local governmental agency as | ||||||
23 | part of the authorized investigation.
Each applicant shall | ||||||
24 | submit his or her fingerprints to
the Department
of State | ||||||
25 | Police in the form and manner prescribed by the Department |
| |||||||
| |||||||
1 | of State
Police. These fingerprints shall be checked | ||||||
2 | against the fingerprint records now
and hereafter filed in | ||||||
3 | the Department of State
Police and Federal Bureau of | ||||||
4 | Investigation criminal history records
databases. The | ||||||
5 | Department of State Police shall charge
a fee for | ||||||
6 | conducting the criminal history records check, which shall | ||||||
7 | be
deposited in the State Police Services Fund and shall | ||||||
8 | not exceed the actual
cost of the records check. The | ||||||
9 | applicant shall be required to pay all related
fingerprint | ||||||
10 | fees including, but not limited to, the amounts established | ||||||
11 | by the
Department of State Police and the Federal Bureau of | ||||||
12 | Investigation to process
fingerprint based criminal | ||||||
13 | background investigations.
The
Department of State Police | ||||||
14 | shall provide information concerning any criminal
| ||||||
15 | convictions, and their disposition, brought against the | ||||||
16 | applicant upon request
of the Secretary of State when the | ||||||
17 | request is made in the form and manner
required by the | ||||||
18 | Department of State Police. Unless otherwise prohibited by
| ||||||
19 | law, the information derived
from this investigation | ||||||
20 | including the source of this information, and any
| ||||||
21 | conclusions or recommendations derived from this | ||||||
22 | information by the Secretary
of State shall be provided to | ||||||
23 | the applicant, or his designee, upon request
to the | ||||||
24 | Secretary of State, prior to any final action by the
| ||||||
25 | Secretary of State on the application. At any | ||||||
26 | administrative hearing held under Section 2-118 of this |
| |||||||
| |||||||
1 | Code relating to the denial, cancellation, suspension, or | ||||||
2 | revocation of a driver training school license, the | ||||||
3 | Secretary of State is authorized to utilize at that hearing | ||||||
4 | any criminal histories, criminal convictions, and | ||||||
5 | disposition information obtained under this Section. Any | ||||||
6 | criminal
convictions and their disposition information | ||||||
7 | obtained by the Secretary
of State shall be confidential | ||||||
8 | and may not be transmitted outside the Office
of the | ||||||
9 | Secretary of State, except as required herein, and may not | ||||||
10 | be
transmitted to anyone within the Office of the Secretary | ||||||
11 | of State except as
needed for
the purpose of evaluating the | ||||||
12 | applicant. The information obtained from this
| ||||||
13 | investigation may be maintained by the
Secretary of State | ||||||
14 | or
any agency to which such information was
transmitted. | ||||||
15 | Only information
and standards which bear a reasonable and | ||||||
16 | rational relation to the performance
of a driver training | ||||||
17 | instructor shall be used by the Secretary of State.
Any | ||||||
18 | employee of the Secretary of State who gives or causes to | ||||||
19 | be given away
any confidential information concerning any
| ||||||
20 | criminal charges and their disposition of an applicant | ||||||
21 | shall be guilty of
a Class A misdemeanor unless release of | ||||||
22 | such information is authorized by this
Section;
| ||||||
23 | (c) Pass such examination as the Secretary of State | ||||||
24 | shall require on (1)
traffic laws, (2) safe driving | ||||||
25 | practices, (3) operation of motor vehicles,
and (4) | ||||||
26 | qualifications of teacher;
|
| |||||||
| |||||||
1 | (d) Be physically able to operate safely a motor | ||||||
2 | vehicle and to train
others in the operation of motor | ||||||
3 | vehicles. An instructors license application
must be | ||||||
4 | accompanied by a medical examination report completed by a | ||||||
5 | competent
physician licensed to practice in the State of | ||||||
6 | Illinois;
| ||||||
7 | (e) Hold a valid Illinois drivers license;
| ||||||
8 | (f) Have graduated from an accredited high school after | ||||||
9 | at least 4 years
of high school education or the | ||||||
10 | equivalent; and
| ||||||
11 | (g) Pay to the Secretary of State an application and | ||||||
12 | license fee of $70.
| ||||||
13 | If a driver training school class room instructor teaches | ||||||
14 | an approved driver
education course, as defined in Section | ||||||
15 | 1-103 of this Code, to students
under 18 years of age, he or | ||||||
16 | she shall furnish to
the Secretary of State a certificate | ||||||
17 | issued by the State Board of Education
that the said instructor | ||||||
18 | is qualified and meets the minimum educational
standards for | ||||||
19 | teaching driver education courses in the local public or
| ||||||
20 | parochial school systems, except that no State Board of | ||||||
21 | Education certification
shall be required of any instructor who | ||||||
22 | teaches exclusively in a
commercial driving school. On and | ||||||
23 | after July 1, 1986, the existing
rules and regulations of the | ||||||
24 | State
Board of Education concerning commercial driving schools | ||||||
25 | shall continue to
remain in effect but shall be administered by | ||||||
26 | the Secretary of State until
such time as the Secretary of |
| |||||||
| |||||||
1 | State shall amend or repeal the rules in
accordance with the | ||||||
2 | Illinois Administrative Procedure Act. Upon request,
the | ||||||
3 | Secretary of State shall issue a certificate of completion to a | ||||||
4 | student
under 18 years of age who has completed an approved | ||||||
5 | driver education course
at a commercial driving school.
| ||||||
6 | (Source: P.A. 95-331, eff. 8-21-07; 96-740, eff. 1-1-10; | ||||||
7 | 96-962, eff. 7-2-10.)
| ||||||
8 | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
| ||||||
9 | Sec. 11-501.6. Driver involvement in personal injury or | ||||||
10 | fatal motor
vehicle accident not involving an arrest for a | ||||||
11 | violation of Section 11-501; driving under the influence of | ||||||
12 | alcohol, other drug or drugs, intoxicating compounds, or any | ||||||
13 | combination thereof ; chemical test. | ||||||
14 | (a) Any person who drives or is in actual control of a | ||||||
15 | motor vehicle
upon the public highways of this State and who | ||||||
16 | has been involved in a
personal injury or fatal motor vehicle | ||||||
17 | accident, shall be deemed to have
given consent to a breath | ||||||
18 | test using a portable device as approved by the
Department of | ||||||
19 | State Police or to a chemical test or tests
of blood, breath, | ||||||
20 | or
urine for the purpose of determining the content of alcohol,
| ||||||
21 | other
drug or drugs, or intoxicating compound or compounds of | ||||||
22 | such
person's blood if arrested as evidenced by the issuance of | ||||||
23 | a Uniform Traffic
Ticket for any violation of the Illinois | ||||||
24 | Vehicle Code or a similar provision of
a local ordinance, with | ||||||
25 | the exception of equipment violations contained in
Chapter 12 |
| |||||||
| |||||||
1 | of this Code, or similar provisions of local ordinances. This | ||||||
2 | Section shall not apply to those persons arrested for a | ||||||
3 | violation of Section 11-501 or a similar violation of a local | ||||||
4 | ordinance, in which case the provisions of Section 11-501.1 | ||||||
5 | shall apply. The test
or tests shall be administered at the | ||||||
6 | direction of the arresting officer. The
law enforcement agency | ||||||
7 | employing the officer shall designate which of the
aforesaid | ||||||
8 | tests shall be administered. A urine test may be administered | ||||||
9 | even
after a blood or breath test or both has been | ||||||
10 | administered. Compliance with
this Section does not relieve | ||||||
11 | such person from the requirements of Section
11-501.1 of this | ||||||
12 | Code. | ||||||
13 | (b) Any person who is dead, unconscious or who is otherwise | ||||||
14 | in a
condition rendering such person incapable of refusal shall | ||||||
15 | be deemed not to
have withdrawn the consent provided by | ||||||
16 | subsection (a) of this Section. In
addition, if a driver of a | ||||||
17 | vehicle is receiving medical treatment as a
result of a motor | ||||||
18 | vehicle accident, any physician licensed to practice
medicine, | ||||||
19 | licensed physician assistant, licensed advanced practice | ||||||
20 | nurse, registered nurse or a phlebotomist acting under the | ||||||
21 | direction of
a licensed physician shall withdraw blood for | ||||||
22 | testing purposes to ascertain
the presence of alcohol, other | ||||||
23 | drug or drugs, or intoxicating
compound or compounds, upon the | ||||||
24 | specific request of a law
enforcement officer. However, no such | ||||||
25 | testing shall be performed until, in
the opinion of the medical | ||||||
26 | personnel on scene, the withdrawal can be made
without |
| |||||||
| |||||||
1 | interfering with or endangering the well-being of the patient. | ||||||
2 | (c) A person requested to submit to a test as provided | ||||||
3 | above shall be
warned by the law enforcement officer requesting | ||||||
4 | the test that a refusal to
submit to the test, or submission to | ||||||
5 | the test resulting in an alcohol
concentration of 0.08 or more, | ||||||
6 | or any amount of a drug, substance,
or intoxicating compound
| ||||||
7 | resulting from the unlawful use or consumption of cannabis, as | ||||||
8 | covered by the
Cannabis Control Act, a controlled substance | ||||||
9 | listed in the Illinois
Controlled Substances Act, an | ||||||
10 | intoxicating compound listed in the Use of
Intoxicating | ||||||
11 | Compounds Act, or methamphetamine as listed in the | ||||||
12 | Methamphetamine Control and Community Protection Act as | ||||||
13 | detected in such person's blood or urine, may
result in the | ||||||
14 | suspension of such person's privilege to operate a motor | ||||||
15 | vehicle and may result in the disqualification of the person's | ||||||
16 | privilege to operate a commercial motor vehicle, as provided in | ||||||
17 | Section 6-514 of this Code, if the person is a CDL holder.
The | ||||||
18 | length of the suspension shall be the same as outlined in | ||||||
19 | Section
6-208.1 of this Code regarding statutory summary | ||||||
20 | suspensions. | ||||||
21 | (d) If the person refuses testing or submits to a test | ||||||
22 | which discloses
an alcohol concentration of 0.08 or more, or | ||||||
23 | any amount of a drug,
substance,
or intoxicating compound in | ||||||
24 | such person's blood or urine resulting from the
unlawful use or
| ||||||
25 | consumption of cannabis listed in the Cannabis Control Act, a | ||||||
26 | controlled
substance listed in the Illinois Controlled |
| |||||||
| |||||||
1 | Substances Act, an
intoxicating
compound listed in the Use of | ||||||
2 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
3 | Methamphetamine Control and Community Protection Act, the law
| ||||||
4 | enforcement officer shall immediately submit a sworn report to | ||||||
5 | the Secretary of
State on a form prescribed by the Secretary, | ||||||
6 | certifying that the test or tests
were requested pursuant to | ||||||
7 | subsection (a) and the person refused to submit to a
test or | ||||||
8 | tests or submitted to testing which disclosed an alcohol | ||||||
9 | concentration
of 0.08 or more, or any amount of a drug, | ||||||
10 | substance, or intoxicating
compound
in such
person's blood or | ||||||
11 | urine, resulting from the unlawful use or consumption of
| ||||||
12 | cannabis listed in the Cannabis Control Act, a controlled | ||||||
13 | substance
listed in
the Illinois Controlled Substances Act,
an | ||||||
14 | intoxicating compound listed in
the Use of Intoxicating | ||||||
15 | Compounds Act, or methamphetamine as listed in the | ||||||
16 | Methamphetamine Control and Community Protection Act. | ||||||
17 | Upon receipt of the sworn report of a law enforcement | ||||||
18 | officer, the
Secretary shall enter the suspension and | ||||||
19 | disqualification to the individual's driving record and the
| ||||||
20 | suspension and disqualification shall be effective on the 46th | ||||||
21 | day following the date notice of the
suspension was given to | ||||||
22 | the person. | ||||||
23 | The law enforcement officer submitting the sworn report | ||||||
24 | shall serve immediate
notice of this suspension on the person | ||||||
25 | and such suspension and disqualification shall be effective
on | ||||||
26 | the 46th day following the date notice was given. |
| |||||||
| |||||||
1 | In cases where the blood alcohol concentration of 0.08 or | ||||||
2 | more,
or any amount
of a drug, substance, or intoxicating | ||||||
3 | compound resulting from the unlawful
use or
consumption of | ||||||
4 | cannabis as listed in the Cannabis Control Act, a
controlled
| ||||||
5 | substance listed in the Illinois Controlled Substances Act,
an
| ||||||
6 | intoxicating
compound listed in the Use of Intoxicating | ||||||
7 | Compounds Act, or methamphetamine as listed in the | ||||||
8 | Methamphetamine Control and Community Protection Act, is | ||||||
9 | established by a
subsequent analysis of blood or urine | ||||||
10 | collected at the time of arrest, the
arresting officer shall | ||||||
11 | give notice as provided in this Section or by deposit
in the | ||||||
12 | United States mail of such notice in an envelope with postage | ||||||
13 | prepaid
and addressed to such person at his address as shown on | ||||||
14 | the Uniform Traffic
Ticket and the suspension and | ||||||
15 | disqualification shall be effective on the 46th day following | ||||||
16 | the date
notice was given. | ||||||
17 | Upon receipt of the sworn report of a law enforcement | ||||||
18 | officer, the Secretary
shall also give notice of the suspension | ||||||
19 | and disqualification to the driver by mailing a notice of
the | ||||||
20 | effective date of the suspension and disqualification to the | ||||||
21 | individual. However, should the
sworn report be defective by | ||||||
22 | not containing sufficient information or be
completed in error, | ||||||
23 | the notice of the suspension and disqualification shall not be | ||||||
24 | mailed to the
person or entered to the driving record, but | ||||||
25 | rather the sworn report shall be
returned to the issuing law | ||||||
26 | enforcement agency. |
| |||||||
| |||||||
1 | (e) A driver may contest this suspension of his or her
| ||||||
2 | driving privileges and disqualification of his or her CDL | ||||||
3 | privileges by
requesting an administrative hearing with the | ||||||
4 | Secretary in accordance with
Section 2-118 of this Code. At the | ||||||
5 | conclusion of a hearing held under
Section 2-118 of this Code, | ||||||
6 | the Secretary may rescind, continue, or modify the
orders
of | ||||||
7 | suspension and disqualification. If the Secretary does not | ||||||
8 | rescind the orders of suspension and disqualification, a | ||||||
9 | restricted
driving permit may be granted by the Secretary upon | ||||||
10 | application being made and
good cause shown. A restricted | ||||||
11 | driving permit may be granted to relieve undue
hardship to | ||||||
12 | allow driving for employment, educational, and medical | ||||||
13 | purposes as
outlined in Section 6-206 of this Code. The | ||||||
14 | provisions of Section 6-206 of
this Code shall apply. In | ||||||
15 | accordance with 49 C.F.R. 384, the Secretary of State may not | ||||||
16 | issue a restricted driving permit for the operation of a | ||||||
17 | commercial motor vehicle to a person holding a CDL whose | ||||||
18 | driving privileges have been suspended, revoked, cancelled, or | ||||||
19 | disqualified.
| ||||||
20 | (f) (Blank). | ||||||
21 | (g) For the purposes of this Section, a personal injury | ||||||
22 | shall include
any type A injury as indicated on the traffic | ||||||
23 | accident report completed
by a law enforcement officer that | ||||||
24 | requires immediate professional attention
in either a doctor's | ||||||
25 | office or a medical facility. A type A injury shall
include | ||||||
26 | severely bleeding wounds, distorted extremities, and injuries |
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
1 | that
require the injured party to be carried from the scene. | |||||||||||||||||||||||||
2 | (Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11.)
| |||||||||||||||||||||||||
3 | Section 99. Effective date. Sec. 5.5 of Section 5 and | |||||||||||||||||||||||||
4 | Section 3-821 of Sec. 10 of this Act take effect January 1, | |||||||||||||||||||||||||
5 | 2013. The remainder of this Act takes effect upon becoming law.
| |||||||||||||||||||||||||
|