Bill Text: IL HB6228 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code and the State Finance Act. Provides for the issuance of a driver's certificate that states that it may not be accepted by a federal agency for a federal identification or other official purpose and uses a unique design or color indicator that visually distinguishes it from a driver's license or permit. Provides that an applicant for a driver's certificate must: be at least 18 years of age; provide a valid federal individual tax identification number or social security number; provide a valid passport and additional specified documents; file proof provided to the applicant by the Illinois State Police that a set of the applicant's fingerprints has been collected; and surrender all false driver's licenses or State identification cards in the applicant's possession. Contains provisions regarding: destruction of certain documents; exchanges of information by the Secretary of State and the Illinois Department of Revenue and the Illinois State Police; applicability of the Code to a driver's certificate holder or applicant; mandatory insurance; review of a denial of a driver's certificate; other licenses and identification; photographs; fees; revocation; and other matters. Creates the Secretary of State Driver's Certificate Fund as a special fund in the State treasury and provides that the Fund shall be used for the increase in costs associated with additional applicants for driver's certificates and costs associated with specialized verification procedures regarding those applicants. Makes other changes. Makes certain provisions inoperative 5 years after the effective date of the amendatory Act but provides that a document issued under those provisions remains valid until the expiration date on the document.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB6228 Detail]

Download: Illinois-2011-HB6228-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB6228 Introduced , by Rep. Edward J. Acevedo SYNOPSIS AS INTRODUCED:
30 ILCS 105/5.811 new
625 ILCS 5/2-119 from Ch. 95 1/2, par. 2-119
625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106
625 ILCS 5/6-107.5 new
625 ILCS 5/6-118
625 ILCS 5/6-205
Amends the Illinois Vehicle Code and the State Finance Act. Provides for the issuance of a driver's certificate that states that it may not be accepted by a federal agency for a federal identification or other official purpose and uses a unique design or color indicator that visually distinguishes it from a driver's license or permit. Provides that an applicant for a driver's certificate must: be at least 18 years of age; provide a valid federal individual tax identification number or social security number; provide a valid passport and additional specified documents; file proof provided to the applicant by the Illinois State Police that a set of the applicant's fingerprints has been collected; and surrender all false driver's licenses or State identification cards in the applicant's possession. Contains provisions regarding: destruction of certain documents; exchanges of information by the Secretary of State and the Illinois Department of Revenue and the Illinois State Police; applicability of the Code to a driver's certificate holder or applicant; mandatory insurance; review of a denial of a driver's certificate; other licenses and identification; photographs; fees; revocation; and other matters. Creates the Secretary of State Driver's Certificate Fund as a special fund in the State treasury and provides that the Fund shall be used for the increase in costs associated with additional applicants for driver's certificates and costs associated with specialized verification procedures regarding those applicants. Makes other changes. Makes certain provisions inoperative 5 years after the effective date of the amendatory Act but provides that a document issued under those provisions remains valid until the expiration date on the document.
LRB097 22806 HEP 71592 b
A BILL FOR
HB6228 LRB097 22806 HEP 71592 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Section 5.811 as follows:
(30 ILCS 105/5.811 new)
Sec. 5.811. The Secretary of State Driver's Certificate
Fund.
Section 10. The Illinois Vehicle Code is amended by
changing Sections 2-119, 6-106, 6-118, and 6-205 and by adding
Section 6-107.5 as follows:
(625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
Sec. 2-119. Disposition of fees and taxes.
(a) All moneys received from Salvage Certificates shall be
deposited in the Common School Fund in the State Treasury.
(b) Beginning January 1, 1990 and concluding December 31,
1994, of the money collected for each certificate of title,
duplicate certificate of title and corrected certificate of
title, $0.50 shall be deposited into the Used Tire Management
Fund. Beginning January 1, 1990 and concluding December 31,
1994, of the money collected for each certificate of title,

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duplicate certificate of title and corrected certificate of
title, $1.50 shall be deposited in the Park and Conservation
Fund.
Beginning January 1, 1995, of the money collected for each
certificate of title, duplicate certificate of title and
corrected certificate of title, $2 shall be deposited in the
Park and Conservation Fund. The moneys deposited in the Park
and Conservation Fund pursuant to this Section shall be used
for the acquisition and development of bike paths as provided
for in Section 805-420 of the Department of Natural Resources
(Conservation) Law (20 ILCS 805/805-420).
Beginning January 1, 2000, of the moneys collected for each
certificate of title, duplicate certificate of title, and
corrected certificate of title, $48 shall be deposited into the
Road Fund and $4 shall be deposited into the Motor Vehicle
License Plate Fund, except that if the balance in the Motor
Vehicle License Plate Fund exceeds $40,000,000 on the last day
of a calendar month, then during the next calendar month the $4
shall instead be deposited into the Road Fund.
Beginning January 1, 2005, of the moneys collected for each
delinquent vehicle registration renewal fee, $20 shall be
deposited into the General Revenue Fund.
Except as otherwise provided in this Code, all remaining
moneys collected for certificates of title, and all moneys
collected for filing of security interests, shall be placed in
the General Revenue Fund in the State Treasury.

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(c) All moneys collected for that portion of a driver's
license fee designated for driver education under Section 6-118
shall be placed in the Driver Education Fund in the State
Treasury.
(d) Beginning January 1, 1999, of the monies collected as a
registration fee for each motorcycle, motor driven cycle and
moped, 27% of each annual registration fee for such vehicle and
27% of each semiannual registration fee for such vehicle is
deposited in the Cycle Rider Safety Training Fund.
(e) Of the monies received by the Secretary of State as
registration fees or taxes or as payment of any other fee, as
provided in this Act, except fees received by the Secretary
under paragraph (7) of subsection (b) of Section 5-101 and
Section 5-109 of this Code, 37% shall be deposited into the
State Construction Fund.
(f) Of the total money collected for a CDL instruction
permit or original or renewal issuance of a commercial driver's
license (CDL) pursuant to the Uniform Commercial Driver's
License Act (UCDLA): (i) $6 of the total fee for an original or
renewal CDL, and $6 of the total CDL instruction permit fee
when such permit is issued to any person holding a valid
Illinois driver's license, shall be paid into the
CDLIS/AAMVAnet Trust Fund (Commercial Driver's License
Information System/American Association of Motor Vehicle
Administrators network Trust Fund) and shall be used for the
purposes provided in Section 6z-23 of the State Finance Act and

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(ii) $20 of the total fee for an original or renewal CDL or
commercial driver instruction permit shall be paid into the
Motor Carrier Safety Inspection Fund, which is hereby created
as a special fund in the State Treasury, to be used by the
Department of State Police, subject to appropriation, to hire
additional officers to conduct motor carrier safety
inspections pursuant to Chapter 18b of this Code.
(g) All remaining moneys received by the Secretary of State
as registration fees or taxes or as payment of any other fee,
as provided in this Act, except fees received by the Secretary
under paragraph (7)(A) of subsection (b) of Section 5-101 and
Section 5-109 of this Code, shall be deposited in the Road Fund
in the State Treasury. Moneys in the Road Fund shall be used
for the purposes provided in Section 8.3 of the State Finance
Act.
(h) (Blank).
(i) (Blank).
(j) (Blank).
(k) There is created in the State Treasury a special fund
to be known as the Secretary of State Special License Plate
Fund. Money deposited into the Fund shall, subject to
appropriation, be used by the Office of the Secretary of State
(i) to help defray plate manufacturing and plate processing
costs for the issuance and, when applicable, renewal of any new
or existing registration plates authorized under this Code and
(ii) for grants made by the Secretary of State to benefit

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Illinois Veterans Home libraries.
On or before October 1, 1995, the Secretary of State shall
direct the State Comptroller and State Treasurer to transfer
any unexpended balance in the Special Environmental License
Plate Fund, the Special Korean War Veteran License Plate Fund,
and the Retired Congressional License Plate Fund to the
Secretary of State Special License Plate Fund.
(l) The Motor Vehicle Review Board Fund is created as a
special fund in the State Treasury. Moneys deposited into the
Fund under paragraph (7) of subsection (b) of Section 5-101 and
Section 5-109 shall, subject to appropriation, be used by the
Office of the Secretary of State to administer the Motor
Vehicle Review Board, including without limitation payment of
compensation and all necessary expenses incurred in
administering the Motor Vehicle Review Board under the Motor
Vehicle Franchise Act.
(m) Effective July 1, 1996, there is created in the State
Treasury a special fund to be known as the Family
Responsibility Fund. Moneys deposited into the Fund shall,
subject to appropriation, be used by the Office of the
Secretary of State for the purpose of enforcing the Family
Financial Responsibility Law.
(n) The Illinois Fire Fighters' Memorial Fund is created as
a special fund in the State Treasury. Moneys deposited into the
Fund shall, subject to appropriation, be used by the Office of
the State Fire Marshal for construction of the Illinois Fire

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Fighters' Memorial to be located at the State Capitol grounds
in Springfield, Illinois. Upon the completion of the Memorial,
moneys in the Fund shall be used in accordance with Section
3-634.
(o) Of the money collected for each certificate of title
for all-terrain vehicles and off-highway motorcycles, $17
shall be deposited into the Off-Highway Vehicle Trails Fund.
(p) For audits conducted on or after July 1, 2003 pursuant
to Section 2-124(d) of this Code, 50% of the money collected as
audit fees shall be deposited into the General Revenue Fund.
(q) The Secretary of State Driver's Certificate Fund is
created as a special fund in the State treasury. Moneys
deposited into the Fund shall, subject to appropriation, be
used by the Secretary of State to pay for the increase in the
costs associated with additional applicants for driver's
certificates issued under subsection (b-2) of Section 6-106 of
this Code and costs associated with specialized verification
procedures regarding those applicants.
(Source: P.A. 96-554, eff. 1-1-10.)
(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
Sec. 6-106. Application for license or instruction permit.
(a) Every application for any permit or license authorized
to be issued under this Act shall be made upon a form furnished
by the Secretary of State. Every application shall be
accompanied by the proper fee and payment of such fee shall

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entitle the applicant to not more than 3 attempts to pass the
examination within a period of 1 year after the date of
application.
(b) Every application shall state the legal name, social
security number, zip code, date of birth, sex, and residence
address of the applicant; briefly describe the applicant; state
whether the applicant has theretofore been licensed as a
driver, and, if so, when and by what state or country, and
whether any such license has ever been cancelled, suspended,
revoked or refused, and, if so, the date and reason for such
cancellation, suspension, revocation or refusal; shall include
an affirmation by the applicant that all information set forth
is true and correct; and shall bear the applicant's signature.
In addition to the residence address, the Secretary may allow
the applicant to provide a mailing address. In the case of an
applicant who is a judicial officer, the Secretary may allow
the applicant to provide an office or work address in lieu of a
residence or mailing address. The application form may also
require the statement of such additional relevant information
as the Secretary of State shall deem necessary to determine the
applicant's competency and eligibility.
(b-1) The Secretary of State may, in his discretion, by
rule or regulation, provide that an application for a drivers
license or permit may include a suitable photograph of the
applicant in the form prescribed by the Secretary, and he may
further provide that each drivers license shall include a

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photograph of the driver. The Secretary of State may utilize a
photograph process or system most suitable to deter alteration
or improper reproduction of a drivers license and to prevent
substitution of another photo thereon.
(b-2)(1) In compliance with the federal Real ID Act of
2005, Division B of Public Law 109-13, the Secretary of State,
on and after the effective date of this amendatory Act of the
97th General Assembly, shall issue to an Illinois resident who
meets the requirements of this subsection (b-2) a driver's
certificate that shall:
(A) clearly state on its face that it may not be
accepted by any federal agency for any federal
identification or other official purpose ("official
purpose" being defined under Section 201 of the federal
Real ID Act of 2005); and
(B) use a unique design or color indicator that shall
visually distinguish the certificate from a driver's
license or permit issued under the Illinois Vehicle Code so
as to alert federal agents and other law enforcement
personnel that the certificate may not be accepted for any
federal identification or other official purpose.
(2) An applicant for a driver's certificate issued under
this subsection (b-2) must be at least 18 years of age and
must:
(A) provide the Secretary with a valid individual tax
identification number issued by the federal Internal

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Revenue Service or social security number issued by the
federal Social Security Administration;
(B) provide a valid passport and any additional
documents as the Secretary may set forth by administrative
rule in order to ensure that the passport and additional
documents in combination shall include the following:
(i) a photo identity document, except that a
non-photo identity document is acceptable if it
includes both the person's full legal name and date of
birth;
(ii) documentation showing the person's date of
birth;
(iii) documentation showing the person's name and
address of principal residence; provided that the
Secretary shall not accept any foreign document, other
than a valid official passport, for purposes of this
subparagraph. The Secretary shall verify, in a manner
and form prescribed by the Secretary by administrative
rule, the issuance, validity, and completeness of each
document presented by the applicant to satisfy the
requirements of this subdivision (b-2)(2)(B). The
Secretary has the right to reject any document
presented by the applicant that cannot be verified; and
(C) file with the Secretary of State proof provided to
the applicant by the Illinois State Police that a set of
the applicant's fingerprints has been collected (costs

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associated with this fingerprinting shall be paid by the
applicant at the time of collection); and
(D) surrender all false driver's licenses or State
identification cards in the applicant's possession. The
Secretary shall handle the surrender of these documents at
the Secretary's discretion, provided that no applicant
shall be subject to civil or criminal prosecution for the
acquisition, possession, use, or distribution of these
documents, and provided further that the Secretary shall
destroy any relinquished documents within 24 hours of
receipt and shall not maintain any records of those
documents, except that this requirement does not apply if
the Secretary of State can identify a bona fide law
enforcement purpose for retaining the documents.
(3) The Secretary of State shall provide to the Illinois
Department of Revenue all information, including the
individual tax identification number, captured on the
application. If the Illinois Department of Revenue determines
that an individual to whom a driver's certificate was issued is
not in compliance with any applicable tax laws administered by
the Department of Revenue, the Department of Revenue shall
request that the Secretary of State revoke the certificate.
(4) An applicant for or the bearer of a driver's
certificate issued under this subsection (b-2) shall be subject
to any and all provisions of this Code and any and all
implementing regulations issued by the Secretary of State to

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the same extent as a driver issued a driver's license,
including but not limited to the mandatory insurance
requirements and penalties in Chapter 7, Article VI of this
Code, unless otherwise specified in this subsection (b-2). To
the extent that a driver is required by law to have a valid
Illinois driver's license in order to purchase insurance to
comply with the mandatory insurance provisions of this Code, a
driver's certificate issued under this subsection (b-2) shall
satisfy that requirement. Within 30 days of receiving a
certificate, the driver shall provide to the Secretary of
State, in a manner and form prescribed by the Secretary, proof
of liability insurance coverage for the driver and for any and
all vehicles to which the driver has title of ownership; if the
driver fails to provide that proof within 30 days, the
Secretary is authorized to suspend the certificate until the
driver provides the proof.
(5) A person denied a driver's certificate under this
subsection (b-2) may seek review under the Administrative
Review Law. This amendatory Act of the 97th General Assembly
does not affect the issuance of a commercial driver's license
or school bus driver's permit under the Illinois Vehicle Code
or a State identification card under the Illinois
Identification Card Act. A driver's certificate issued under
this subsection (b-2) may not be used to obtain a Firearm
Owner's Identification Card and may not be used to obtain a
driver's license in another state.

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(6) The Secretary of State may provide by rule that an
application for a driver's certificate under this subsection
(b-2) may include a suitable photograph of the applicant in the
form prescribed by the Secretary, and the Secretary of State
shall further provide that each driver's certificate shall
include a photograph of the driver. The Secretary of State
shall utilize a photographic process or system most suitable to
deter alteration or improper reproduction of a driver's
certificate issued under this subsection (b-2) and to prevent
substitution of another photo on the certificate.
(b-3) Subsection (b-2) becomes inoperative 5 years after
the effective date of this amendatory Act of the 97th General
Assembly; however, any document issued under subsection (b-2)
shall remain valid until the expiration date on the document
set by the Secretary of State.
(c) The application form shall include a notice to the
applicant of the registration obligations of sex offenders
under the Sex Offender Registration Act. The notice shall be
provided in a form and manner prescribed by the Secretary of
State. For purposes of this subsection (c), "sex offender" has
the meaning ascribed to it in Section 2 of the Sex Offender
Registration Act.
(d) Any male United States citizen or immigrant who applies
for any permit or license authorized to be issued under this
Act or for a renewal of any permit or license, and who is at
least 18 years of age but less than 26 years of age, must be

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registered in compliance with the requirements of the federal
Military Selective Service Act. The Secretary of State must
forward in an electronic format the necessary personal
information regarding the applicants identified in this
subsection (d) to the Selective Service System. The applicant's
signature on the application serves as an indication that the
applicant either has already registered with the Selective
Service System or that he is authorizing the Secretary to
forward to the Selective Service System the necessary
information for registration. The Secretary must notify the
applicant at the time of application that his signature
constitutes consent to registration with the Selective Service
System, if he is not already registered.
(e) Beginning on or before July 1, 2015, for each original
or renewal driver's license application under this Act, the
Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing a driver's license with a
veteran designation under subsection (e-5) of Section 6-110 of
this Chapter. The acceptable forms of proof shall include, but
are not limited to, Department of Defense form DD-214. The
Secretary shall determine by rule what other forms of proof of
a person's status as a veteran are acceptable.
The Illinois Department of Veterans' Affairs shall confirm
the status of the applicant as an honorably discharged veteran
before the Secretary may issue the driver's license.
For purposes of this subsection (e):

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"Active duty" means active duty under an executive order of
the President of the United States, an Act of the Congress of
the United States, or an order of the Governor.
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or National
Guard unit called to active duty.
"Veteran" means a person who has served on active duty in
the armed forces and was discharged or separated under
honorable conditions.
(Source: P.A. 96-1231, eff. 7-23-10; 97-263, eff. 8-5-11;
97-739, eff. 1-1-13; 97-847, eff. 1-1-13; revised 8-3-12.)
(625 ILCS 5/6-107.5 new)
Sec. 6-107.5. Ineligible applicants for Firearm Owner's
Identification Cards. The Secretary of State shall, in
conjunction with the Illinois State Police, establish
administrative procedures for determining and identifying
ineligible Firearm Owner's Identification Card applicants
through information provided to the Secretary of State in
connection with the driver's license and driver's certificate
application process, to ensure compliance with the Firearm
Owners Identification Card Act.
(625 ILCS 5/6-118)
Sec. 6-118. Fees.
(a) The fee for licenses and permits under this Article is

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as follows:
Original driver's license.............................$30
Original or renewal driver's license
issued to 18, 19 and 20 year olds.................. 5
All driver's licenses for persons
age 69 through age 80.............................. 5
All driver's licenses for persons
age 81 through age 86.............................. 2
All driver's licenses for persons
age 87 or older.....................................0
Renewal driver's license (except for
applicants ages 18, 19 and 20 or
age 69 and older)..................................30
Original instruction permit issued to
persons (except those age 69 and older)
who do not hold or have not previously
held an Illinois instruction permit or
driver's license.................................. 20
Instruction permit issued to any person
holding an Illinois driver's license
who wishes a change in classifications,
other than at the time of renewal.................. 5
Any instruction permit issued to a person
age 69 and older................................... 5
Instruction permit issued to any person,
under age 69, not currently holding a

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valid Illinois driver's license or
instruction permit but who has
previously been issued either document
in Illinois....................................... 10
Restricted driving permit.............................. 8
Monitoring device driving permit...................... 8
Duplicate or corrected driver's license
or permit.......................................... 5
Duplicate or corrected restricted
driving permit..................................... 5
Duplicate or corrected monitoring
device driving permit.................................. 5
Duplicate driver's license or permit issued to
an active-duty member of the
United States Armed Forces,
the member's spouse, or
the dependent children living
with the member................................... 0
Original or renewal M or L endorsement................. 5
The fee for a driver's certificate issued under subsection
(b-2) of Section 6-106 of this Code shall be $10 plus an
additional fee of not less than $50, to be set by the Secretary
by rule to cover the additional cost associated with issuing
the driver's certificate.
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
The fees for commercial driver licenses and permits

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under Article V shall be as follows:
Commercial driver's license:
$6 for the CDLIS/AAMVAnet Trust Fund
(Commercial Driver's License Information
System/American Association of Motor Vehicle
Administrators network Trust Fund);
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license;
and $24 for the CDL:............................. $60
Renewal commercial driver's license:
$6 for the CDLIS/AAMVAnet Trust Fund;
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license; and
$24 for the CDL:................................. $60
Commercial driver instruction permit
issued to any person holding a valid
Illinois driver's license for the
purpose of changing to a
CDL classification: $6 for the
CDLIS/AAMVAnet Trust Fund;
$20 for the Motor Carrier
Safety Inspection Fund; and
$24 for the CDL classification................... $50
Commercial driver instruction permit
issued to any person holding a valid
Illinois CDL for the purpose of

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making a change in a classification,
endorsement or restriction........................ $5
CDL duplicate or corrected license.................... $5
In order to ensure the proper implementation of the Uniform
Commercial Driver License Act, Article V of this Chapter, the
Secretary of State is empowered to pro-rate the $24 fee for the
commercial driver's license proportionate to the expiration
date of the applicant's Illinois driver's license.
The fee for any duplicate license or permit shall be waived
for any person who presents the Secretary of State's office
with a police report showing that his license or permit was
stolen.
The fee for any duplicate license or permit shall be waived
for any person age 60 or older whose driver's license or permit
has been lost or stolen.
No additional fee shall be charged for a driver's license,
or for a commercial driver's license, when issued to the holder
of an instruction permit for the same classification or type of
license who becomes eligible for such license.
(b) Any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked under
Section 3-707, any provision of Chapter 6, Chapter 11, or
Section 7-205, 7-303, or 7-702 of the Family Financial
Responsibility Law of this Code, shall in addition to any other
fees required by this Code, pay a reinstatement fee as follows:
Suspension under Section 3-707..................... $100

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Summary suspension under Section 11-501.1...........$250
Summary revocation under Section 11-501.1............$500
Other suspension......................................$70
Revocation...........................................$500
However, any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked for a
second or subsequent time for a violation of Section 11-501 or
11-501.1 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense or Section 9-3 of
the Criminal Code of 1961 and each suspension or revocation was
for a violation of Section 11-501 or 11-501.1 of this Code or a
similar provision of a local ordinance or a similar
out-of-state offense or Section 9-3 of the Criminal Code of
1961 shall pay, in addition to any other fees required by this
Code, a reinstatement fee as follows:
Summary suspension under Section 11-501.1............$500
Summary revocation under Section 11-501.1............$500
Revocation...........................................$500
(c) All fees collected under the provisions of this Chapter
6 shall be paid into the Road Fund in the State Treasury except
as follows:
1. The following amounts shall be paid into the Driver
Education Fund:
(A) $16 of the $20 fee for an original driver's
instruction permit;
(B) $5 of the $30 fee for an original driver's

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license;
(C) $5 of the $30 fee for a 4 year renewal driver's
license;
(D) $4 of the $8 fee for a restricted driving
permit; and
(E) $4 of the $8 fee for a monitoring device
driving permit.
2. $30 of the $250 fee for reinstatement of a license
summarily suspended under Section 11-501.1 shall be
deposited into the Drunk and Drugged Driving Prevention
Fund. However, for a person whose license or privilege to
operate a motor vehicle in this State has been suspended or
revoked for a second or subsequent time for a violation of
Section 11-501 or 11-501.1 of this Code or Section 9-3 of
the Criminal Code of 1961, $190 of the $500 fee for
reinstatement of a license summarily suspended under
Section 11-501.1, and $190 of the $500 fee for
reinstatement of a revoked license shall be deposited into
the Drunk and Drugged Driving Prevention Fund. $190 of the
$500 fee for reinstatement of a license summarily revoked
pursuant to Section 11-501.1 shall be deposited into the
Drunk and Drugged Driving Prevention Fund.
3. $6 of such original or renewal fee for a commercial
driver's license and $6 of the commercial driver
instruction permit fee when such permit is issued to any
person holding a valid Illinois driver's license, shall be

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paid into the CDLIS/AAMVAnet Trust Fund.
4. $30 of the $70 fee for reinstatement of a license
suspended under the Family Financial Responsibility Law
shall be paid into the Family Responsibility Fund.
5. The $5 fee for each original or renewal M or L
endorsement shall be deposited into the Cycle Rider Safety
Training Fund.
6. $20 of any original or renewal fee for a commercial
driver's license or commercial driver instruction permit
shall be paid into the Motor Carrier Safety Inspection
Fund.
7. The following amounts shall be paid into the General
Revenue Fund:
(A) $190 of the $250 reinstatement fee for a
summary suspension under Section 11-501.1;
(B) $40 of the $70 reinstatement fee for any other
suspension provided in subsection (b) of this Section;
and
(C) $440 of the $500 reinstatement fee for a first
offense revocation and $310 of the $500 reinstatement
fee for a second or subsequent revocation.
8. All except $10 of any fee for a driver's certificate
issued under subsection (b-2) of Section 6-106 of this Code
shall be deposited into the Secretary of State Driver's
Certificate Fund. The Secretary of State shall adopt rules
setting the fee for issuing a driver's certificate, in an

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amount which will cover the additional cost associated with
issuing the driver's certificate.
(d) All of the proceeds of the additional fees imposed by
this amendatory Act of the 96th General Assembly shall be
deposited into the Capital Projects Fund.
(e) The additional fees imposed by this amendatory Act of
the 96th General Assembly shall become effective 90 days after
becoming law.
(f) As used in this Section, "active-duty member of the
United States Armed Forces" means a member of the Armed
Services or Reserve Forces of the United States or a member of
the Illinois National Guard who is called to active duty
pursuant to an executive order of the President of the United
States, an act of the Congress of the United States, or an
order of the Governor.
(Source: P.A. 96-34, eff. 7-13-09; 96-38, eff. 7-13-09;
96-1231, eff. 7-23-10; 96-1344, eff. 7-1-11; 97-333, eff.
8-12-11.)
(625 ILCS 5/6-205)
Sec. 6-205. Mandatory revocation of license or permit;
Hardship cases.
(a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license, permit, or driving
privileges of any driver upon receiving a report of the
driver's conviction of any of the following offenses:

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1. Reckless homicide resulting from the operation of a
motor vehicle;
2. Violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any
combination thereof;
3. Any felony under the laws of any State or the
federal government in the commission of which a motor
vehicle was used;
4. Violation of Section 11-401 of this Code relating to
the offense of leaving the scene of a traffic accident
involving death or personal injury;
5. Perjury or the making of a false affidavit or
statement under oath to the Secretary of State under this
Code or under any other law relating to the ownership or
operation of motor vehicles;
6. Conviction upon 3 charges of violation of Section
11-503 of this Code relating to the offense of reckless
driving committed within a period of 12 months;
7. Conviction of any offense defined in Section 4-102
of this Code;
8. Violation of Section 11-504 of this Code relating to
the offense of drag racing;
9. Violation of Chapters 8 and 9 of this Code;

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10. Violation of Section 12-5 of the Criminal Code of
1961 arising from the use of a motor vehicle;
11. Violation of Section 11-204.1 of this Code relating
to aggravated fleeing or attempting to elude a peace
officer;
12. Violation of paragraph (1) of subsection (b) of
Section 6-507, or a similar law of any other state,
relating to the unlawful operation of a commercial motor
vehicle;
13. Violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance if
the driver has been previously convicted of a violation of
that Section or a similar provision of a local ordinance
and the driver was less than 21 years of age at the time of
the offense;
14. Violation of paragraph (a) of Section 11-506 of
this Code or a similar provision of a local ordinance
relating to the offense of street racing;
15. A second or subsequent conviction of driving while
the person's driver's license, permit or privileges was
revoked for reckless homicide or a similar out-of-state
offense;
16. Any offense against any provision in this Code, or
any local ordinance, regulating the movement of traffic
when that offense was the proximate cause of the death of
any person. Any person whose driving privileges have been

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revoked pursuant to this paragraph may seek to have the
revocation terminated or to have the length of revocation
reduced by requesting an administrative hearing with the
Secretary of State prior to the projected driver's license
application eligibility date;
17. Violation of subsection (a-2) of Section 11-1301.3
of this Code or a similar provision of a local ordinance; .
18 17. A second or subsequent conviction of illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act. A
defendant found guilty of this offense while operating a
motor vehicle shall have an entry made in the court record
by the presiding judge that this offense did occur while
the defendant was operating a motor vehicle and order the
clerk of the court to report the violation to the Secretary
of State.
(a-5) The Secretary of State shall immediately revoke a
driver's certificate issued under subdivision (b-2) of Section
6-106 of this Code upon notification from the Illinois
Department of Revenue that the holder of the driver's
certificate is not in compliance with any applicable tax laws
administered by the Department of Revenue.

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(b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
1. Of any minor upon receiving the notice provided for
in Section 5-901 of the Juvenile Court Act of 1987 that the
minor has been adjudicated under that Act as having
committed an offense relating to motor vehicles prescribed
in Section 4-103 of this Code;
2. Of any person when any other law of this State
requires either the revocation or suspension of a license
or permit;
3. Of any person adjudicated under the Juvenile Court
Act of 1987 based on an offense determined to have been
committed in furtherance of the criminal activities of an
organized gang as provided in Section 5-710 of that Act,
and that involved the operation or use of a motor vehicle
or the use of a driver's license or permit. The revocation
shall remain in effect for the period determined by the
court. Upon the direction of the court, the Secretary shall
issue the person a judicial driving permit, also known as a
JDP. The JDP shall be subject to the same terms as a JDP
issued under Section 6-206.1, except that the court may
direct that a JDP issued under this subdivision (b)(3) be
effective immediately.
(c)(1) Whenever a person is convicted of any of the
offenses enumerated in this Section, the court may recommend

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and the Secretary of State in his discretion, without regard to
whether the recommendation is made by the court may, upon
application, issue to the person a restricted driving permit
granting the privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of employment or
within the scope of the petitioner's employment related duties,
or to allow the petitioner to transport himself or herself or a
family member of the petitioner's household to a medical
facility for the receipt of necessary medical care or to allow
the petitioner to transport himself or herself to and from
alcohol or drug remedial or rehabilitative activity
recommended by a licensed service provider, or to allow the
petitioner to transport himself or herself or a family member
of the petitioner's household to classes, as a student, at an
accredited educational institution, or to allow the petitioner
to transport children, elderly persons, or disabled persons who
do not hold driving privileges and are living in the
petitioner's household to and from daycare; if the petitioner
is able to demonstrate that no alternative means of
transportation is reasonably available and that the petitioner
will not endanger the public safety or welfare; provided that
the Secretary's discretion shall be limited to cases where
undue hardship, as defined by the rules of the Secretary of
State, would result from a failure to issue the restricted
driving permit. Those multiple offenders identified in
subdivision (b)4 of Section 6-208 of this Code, however, shall

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not be eligible for the issuance of a restricted driving
permit.
(2) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or Section 9-3
of the Criminal Code of 1961, where the use of alcohol or
other drugs is recited as an element of the offense, or a
similar out-of-state offense, or a combination of these
offenses, arising out of separate occurrences, that
person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(3) If:
(A) a person's license or permit is revoked or
suspended 2 or more times within a 10 year period due
to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense,
or Section 9-3 of the Criminal Code of 1961, where
the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state
offense; or
(ii) a statutory summary suspension or
revocation under Section 11-501.1; or

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(iii) a suspension pursuant to Section
6-203.1;
arising out of separate occurrences; or
(B) a person has been convicted of one violation of
Section 6-303 of this Code committed while his or her
driver's license, permit, or privilege was revoked
because of a violation of Section 9-3 of the Criminal
Code of 1961, relating to the offense of reckless
homicide where the use of alcohol or other drugs was
recited as an element of the offense, or a similar
provision of a law of another state;
that person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(4) The person issued a permit conditioned on the use
of an ignition interlock device must pay to the Secretary
of State DUI Administration Fund an amount not to exceed
$30 per month. The Secretary shall establish by rule the
amount and the procedures, terms, and conditions relating
to these fees.
(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the operation
of an occupational vehicle owned or leased by that person's
employer when used solely for employment purposes.

HB6228 - 30 - LRB097 22806 HEP 71592 b
(6) In each case the Secretary of State may issue a
restricted driving permit for a period he deems
appropriate, except that the permit shall expire within one
year from the date of issuance. The Secretary may not,
however, issue a restricted driving permit to any person
whose current revocation is the result of a second or
subsequent conviction for a violation of Section 11-501 of
this Code or a similar provision of a local ordinance or
any similar out-of-state offense, or Section 9-3 of the
Criminal Code of 1961, where the use of alcohol or other
drugs is recited as an element of the offense, or any
similar out-of-state offense, or any combination of these
offenses, until the expiration of at least one year from
the date of the revocation. A restricted driving permit
issued under this Section shall be subject to cancellation,
revocation, and suspension by the Secretary of State in
like manner and for like cause as a driver's license issued
under this Code may be cancelled, revoked, or suspended;
except that a conviction upon one or more offenses against
laws or ordinances regulating the movement of traffic shall
be deemed sufficient cause for the revocation, suspension,
or cancellation of a restricted driving permit. The
Secretary of State may, as a condition to the issuance of a
restricted driving permit, require the petitioner to
participate in a designated driver remedial or
rehabilitative program. The Secretary of State is

HB6228 - 31 - LRB097 22806 HEP 71592 b
authorized to cancel a restricted driving permit if the
permit holder does not successfully complete the program.
However, if an individual's driving privileges have been
revoked in accordance with paragraph 13 of subsection (a)
of this Section, no restricted driving permit shall be
issued until the individual has served 6 months of the
revocation period.
(c-5) (Blank).
(c-6) If a person is convicted of a second violation of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked, where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 relating
to the offense of reckless homicide or a similar out-of-state
offense, the person's driving privileges shall be revoked
pursuant to subdivision (a)(15) of this Section. The person may
not make application for a license or permit until the
expiration of five years from the effective date of the
revocation or the expiration of five years from the date of
release from a term of imprisonment, whichever is later.
(c-7) If a person is convicted of a third or subsequent
violation of operating a motor vehicle while the person's
driver's license, permit or privilege was revoked, where the
revocation was for a violation of Section 9-3 of the Criminal
Code of 1961 relating to the offense of reckless homicide or a
similar out-of-state offense, the person may never apply for a
license or permit.

HB6228 - 32 - LRB097 22806 HEP 71592 b
(d)(1) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, the
Secretary of State shall revoke the driving privileges of that
person. One year after the date of revocation, and upon
application, the Secretary of State may, if satisfied that the
person applying will not endanger the public safety or welfare,
issue a restricted driving permit granting the privilege of
driving a motor vehicle only between the hours of 5 a.m. and 9
p.m. or as otherwise provided by this Section for a period of
one year. After this one year period, and upon reapplication
for a license as provided in Section 6-106, upon payment of the
appropriate reinstatement fee provided under paragraph (b) of
Section 6-118, the Secretary of State, in his discretion, may
reinstate the petitioner's driver's license and driving
privileges, or extend the restricted driving permit as many
times as the Secretary of State deems appropriate, by
additional periods of not more than 12 months each.
(2) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or Section 9-3
of the Criminal Code of 1961, where the use of alcohol or
other drugs is recited as an element of the offense, or a
similar out-of-state offense, or a combination of these
offenses, arising out of separate occurrences, that

HB6228 - 33 - LRB097 22806 HEP 71592 b
person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(3) If a person's license or permit is revoked or
suspended 2 or more times within a 10 year period due to
any combination of:
(A) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961, where the use
of alcohol or other drugs is recited as an element of
the offense, or a similar out-of-state offense; or
(B) a statutory summary suspension or revocation
under Section 11-501.1; or
(C) a suspension pursuant to Section 6-203.1;
arising out of separate occurrences, that person, if issued
a restricted driving permit, may not operate a vehicle
unless it has been equipped with an ignition interlock
device as defined in Section 1-129.1.
(4) The person issued a permit conditioned upon the use
of an interlock device must pay to the Secretary of State
DUI Administration Fund an amount not to exceed $30 per
month. The Secretary shall establish by rule the amount and
the procedures, terms, and conditions relating to these
fees.
(5) If the restricted driving permit is issued for

HB6228 - 34 - LRB097 22806 HEP 71592 b
employment purposes, then the prohibition against driving
a vehicle that is not equipped with an ignition interlock
device does not apply to the operation of an occupational
vehicle owned or leased by that person's employer when used
solely for employment purposes.
(6) A restricted driving permit issued under this
Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may
be cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit.
(d-5) The revocation of the license, permit, or driving
privileges of a person convicted of a third or subsequent
violation of Section 6-303 of this Code committed while his or
her driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961,
relating to the offense of reckless homicide, or a similar
provision of a law of another state, is permanent. The
Secretary may not, at any time, issue a license or permit to
that person.
(e) This Section is subject to the provisions of the Driver
License Compact.
(f) Any revocation imposed upon any person under

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subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a like
period of time.
(g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.
(h) The Secretary of State shall require the use of
ignition interlock devices on all vehicles owned by a person
who has been convicted of a second or subsequent offense under
Section 11-501 of this Code or a similar provision of a local
ordinance. The person must pay to the Secretary of State DUI
Administration Fund an amount not to exceed $30 for each month
that he or she uses the device. The Secretary shall establish
by rule and regulation the procedures for certification and use
of the interlock system, the amount of the fee, and the
procedures, terms, and conditions relating to these fees.
(i) (Blank).
(j) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been revoked, suspended,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff.

HB6228 - 36 - LRB097 22806 HEP 71592 b
1-1-13; revised 8-3-12.)
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.