Bill Text: IL HB5073 | 2011-2012 | 97th General Assembly | Amended

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determining that the holder has had his or her medical examiner's certificate, medical variance, or both removed or rescinded by the Federal Motor Carrier Safety Administration or has failed to self-certify as to the type of driving in which the CDL driver engages or expects to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-Amended.html

Rep. Brandon W. Phelps

Filed: 2/27/2012

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1
AMENDMENT TO HOUSE BILL 5073
2 AMENDMENT NO. ______. Amend House Bill 5073 on page 4, by
3replacing lines 11 through 19 with the following:
4 "(15 ILCS 305/6b new)
5 Sec. 6b. Waiver of certain fees for disaster victims.
6 (a) The Secretary of State may, upon a proclamation by the
7Governor that a disaster exists, waive fees for a duplicate
8certificate of title, vehicle registration, driver's license,
9or State identification card if the citizen provides sufficient
10proof that he or she resides in the declared disaster area.
11This authority may only be exercised for a period of 30 days
12after the Governor files the proclamation.
13 (b) The citizen shall provide to the Secretary written
14documentation evidencing his or her residence or, if the
15citizen has none, the Secretary shall require the citizen to
16verify personal information currently on file with the
17Secretary of State. The citizen must also provide an

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1affirmation, under penalty of perjury, that the original
2documents were lost or destroyed in the disaster. If the
3Secretary is unable to confirm the identity of the citizen or
4that the residence of the citizen was within the declared
5disaster area, no document will be issued.
6 (c) If, upon review of the documentation provided by the
7citizen, the Secretary finds that the citizen was not entitled
8to a waiver of fees under this Section, the Secretary is to
9demand payment for services rendered within 60 days. If payment
10for services is not made by the citizen, the Secretary may
11cancel or revoke the duplicate certificate of title, vehicle
12registration, driver's license, or State identification card.
13The citizen may request a hearing under Section 2-118 of the
14Illinois Vehicle Code to contest the action of the Secretary.";
15and
16on page 4, line 21, after "Sections", by inserting "1-125.9,";
17and
18on page 4, by inserting below line 22 the following:
19 "(625 ILCS 5/1-125.9)
20 Sec. 1-125.9. Highly restricted personal information. An
21individual's photograph or image, signature, social security
22number, personal email address, and medical or disability
23information.

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1(Source: P.A. 93-895, eff. 1-1-05.)".
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