Bill Text: IL SB0675 | 2017-2018 | 100th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Illinois Vehicle Code. Adds to the definition of "essential parts" a bed, front bumper, rear bumper, and, for motorcycles, fairings, fuel tanks, and forks. Removes other items from the definition. Provides that the Secretary of State may cancel any license or permit upon determining that the holder has assisted an out-of-state resident in acquiring an Illinois driver's license or identification card by providing or allowing the out-of-state resident to use his or her Illinois address of residence and is complicit in distributing and forwarding the Illinois driver's license or identification card to the out-of-state resident. Provides that operating a driver training school without a license issued by the Secretary of State is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0409 [SB0675 Detail]

Download: Illinois-2017-SB0675-Introduced.html

---

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB0675 Introduced 1/26/2017, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED:
625 ILCS 5/1-118 from Ch. 95 1/2, par. 1-118
625 ILCS 5/6-201
625 ILCS 5/6-401 from Ch. 95 1/2, par. 6-401
Amends the Illinois Vehicle Code. Adds to the definition of "essential parts" a bed, front bumper, rear bumper, and, for motorcycles, fairings, fuel tanks, and forks. Removes other items from the definition. Provides that the Secretary of State may cancel any license or permit upon determining that the holder has assisted an out-of-state resident in acquiring an Illinois driver's license or identification card by providing or allowing the out-of-state resident to use his or her Illinois address of residence and is complicit in distributing and forwarding the Illinois driver's license or identification card to the out-of-state resident. Provides that any person, firm, association, partnership, or corporation that operates a driver training school without a license issued by the Secretary of State shall be guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second and subsequent offense. Effective immediately.
LRB100 06005 AXK 16035 b
A BILL FOR
SB0675 LRB100 06005 AXK 16035 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Sections 1-118, 6-201, and 6-401 as follows:
(625 ILCS 5/1-118) (from Ch. 95 1/2, par. 1-118)
Sec. 1-118. Essential parts. All integral and body parts of
a vehicle of a type required to be registered hereunder, the
removal, alteration or substitution of which would tend to
conceal the identity of the vehicle or substantially alter its
appearance, model, type or mode of operation. "Essential parts"
includes the following: vehicle hulks, shells, chassis,
frames, front end assemblies (which may consist of headlight,
grill, fenders and hood), front clip (front end assembly with
cowl attached), rear clip (which may consist of quarter panels,
fenders, floor and top), doors, hatchbacks, fenders, cabs, cab
clips, cowls, hoods, trunk lids, deck lids, bed, front bumper,
rear bumper, T-tops, sunroofs, moon roofs, astro roofs,
transmissions of vehicles of the second division, seats,
aluminum wheels, engines and similar parts. Essential parts
also includes fairings, fuel tanks, and forks of motorcycles.
Essential parts shall also include stereo radios, cassette
radios, compact disc radios, cassette/compact disc radios and

SB0675 - 2 - LRB100 06005 AXK 16035 b
compact disc players and compact disc changers which are either
installed in dash or trunk-mounted.
An essential part which does not have affixed to it an
identification number as defined in Section 1-129 adopts the
identification number of the vehicle to which such part is
affixed, installed or mounted.
An "essential part" does not include an engine,
transmission, or a rear axle that is used in a glider kit.
(Source: P.A. 99-748, eff. 8-5-16.)
(625 ILCS 5/6-201)
Sec. 6-201. Authority to cancel licenses and permits.
(a) The Secretary of State is authorized to cancel any
license or permit upon determining that the holder thereof:
1. was not entitled to the issuance thereof hereunder;
or
2. failed to give the required or correct information
in his application; or
3. failed to pay any fees, civil penalties owed to the
Illinois Commerce Commission, or taxes due under this Act
and upon reasonable notice and demand; or
4. committed any fraud in the making of such
application; or
5. is ineligible therefor under the provisions of
Section 6-103 of this Act, as amended; or
6. has refused or neglected to submit an alcohol, drug,

SB0675 - 3 - LRB100 06005 AXK 16035 b
and intoxicating compound evaluation or to submit to
examination or re-examination as required under this Act;
or
7. has been convicted of violating the Cannabis Control
Act, the Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act, or
the Use of Intoxicating Compounds Act while that individual
was in actual physical control of a motor vehicle. For
purposes of this Section, any person placed on probation
under Section 10 of the Cannabis Control Act, Section 410
of the Illinois Controlled Substances Act, or Section 70 of
the Methamphetamine Control and Community Protection Act
shall not be considered convicted. Any person found guilty
of this offense, while in actual physical control of a
motor vehicle, shall have an entry made in the court record
by the judge that this offense did occur while the person
was in actual physical control of a motor vehicle and order
the clerk of the court to report the violation to the
Secretary of State as such. After the cancellation, the
Secretary of State shall not issue a new license or permit
for a period of one year after the date of cancellation.
However, 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
between the petitioner's residence and petitioner's place

SB0675 - 4 - LRB100 06005 AXK 16035 b
of employment or within the scope of the petitioner's
employment related duties, or to allow transportation for
the petitioner or a household member of the petitioner's
family for the receipt of necessary medical care, or
provide transportation for the petitioner to and from
alcohol or drug remedial or rehabilitative activity
recommended by a licensed service provider, or for the
petitioner to attend classes, as a student, in an
accredited educational institution. The petitioner must
demonstrate that no alternative means of transportation is
reasonably available; 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 such restricted driving
permit. In each case the Secretary of State may issue such
restricted driving permit for such period as he deems
appropriate, except that such permit shall expire within
one year from the date of issuance. A restricted driving
permit issued hereunder 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
hereunder 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

SB0675 - 5 - LRB100 06005 AXK 16035 b
of State may, as a condition to the issuance of a
restricted driving permit, require the applicant to
participate in a driver remedial or rehabilitative
program. 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 this Code; or
8. failed to submit a report as required by Section
6-116.5 of this Code; or
9. has been convicted of a sex offense as defined in
the Sex Offender Registration Act. The driver's license
shall remain cancelled until the driver registers as a sex
offender as required by the Sex Offender Registration Act,
proof of the registration is furnished to the Secretary of
State and the sex offender provides proof of current
address to the Secretary; or
10. is ineligible for a license or permit under Section
6-107, 6-107.1, or 6-108 of this Code; or
11. refused or neglected to appear at a Driver Services
facility to have the license or permit corrected and a new
license or permit issued or to present documentation for
verification of identity; or
12. failed to submit a medical examiner's certificate
or medical variance as required by 49 C.F.R. 383.71 or
submitted a fraudulent medical examiner's certificate or

SB0675 - 6 - LRB100 06005 AXK 16035 b
medical variance; or
13. has had his or her medical examiner's certificate,
medical variance, or both removed or rescinded by the
Federal Motor Carrier Safety Administration; or
14. failed to self-certify as to the type of driving in
which the CDL driver engages or expects to engage; or
15. has submitted acceptable documentation indicating
out-of-state residency to the Secretary of State to be
released from the requirement of showing proof of financial
responsibility in this State; or
16. was convicted of fraud relating to the testing or
issuance of a CDL or CLP, in which case only the CDL or CLP
shall be cancelled. After cancellation, the Secretary
shall not issue a CLP or CDL for a period of one year from
the date of cancellation; or
17. has a special restricted license under subsection
(g) of Section 6-113 of this Code and failed to submit the
required annual vision specialist report that the special
restricted license holder's vision has not changed; or
18. has a special restricted license under subsection
(g) of Section 6-113 of this Code and was convicted or
received court supervision for a violation of this Code
that occurred during nighttime hours or was involved in a
motor vehicle accident during nighttime hours in which the
restricted license holder was at fault; or .
19. has assisted an out-of-state resident in acquiring

SB0675 - 7 - LRB100 06005 AXK 16035 b
an Illinois driver's license or identification card by
providing or allowing the out-of-state resident to use his
or her Illinois address of residence and is complicit in
distributing and forwarding the Illinois driver's license
or identification card to the out-of-state resident.
(b) Upon such cancellation the licensee or permittee must
surrender the license or permit so cancelled to the Secretary
of State.
(c) Except as provided in Sections 6-206.1 and 7-702.1, the
Secretary of State shall have exclusive authority to grant,
issue, deny, cancel, suspend and revoke driving privileges,
drivers' licenses and restricted driving permits.
(d) The Secretary of State may adopt rules to implement
this Section.
(Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11;
97-813, eff. 7-13-12; 97-835, eff. 7-20-12; 98-176 (see Section
10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the
effective date of changes made by P.A. 98-176); 98-178, eff.
1-1-14; 98-747, eff. 1-1-15; 98-756, eff. 7-16-14.)
(625 ILCS 5/6-401) (from Ch. 95 1/2, par. 6-401)
Sec. 6-401. Driver training schools-license required.
(a) No person, firm, association, partnership or
corporation shall operate a driver training school or engage in
the business of giving instruction for hire or for a fee in (1)
the driving of motor vehicles; or (2) the preparation of an

SB0675 - 8 - LRB100 06005 AXK 16035 b
applicant for examination given by the Secretary of State for a
drivers license or permit, unless a license therefor has been
issued by the Secretary. No public schools or educational
institutions shall contract with entities engaged in the
business of giving instruction for hire or for a fee in the
driving of motor vehicles for the preparation of an applicant
for examination given by the Secretary of State for a driver's
license or permit, unless a license therefor has been issued by
the Secretary.
This subsection (a) Section shall not apply to (i) public
schools or to educational institutions in which driving
instruction is part of the curriculum, (ii) employers giving
instruction to their employees, or (iii) schools that teach
enhanced driving skills to licensed drivers as set forth in
Article X of Chapter 6 of this Code.
(b) Any person, firm, association, partnership, or
corporation that violates subsection (a) of this Section shall
be guilty of a Class A misdemeanor for a first offense and a
Class 4 felony for a second or subsequent offense.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10; 97-229,
eff. 7-28-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.