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| Public Act 098-0178
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| SB1871 Enrolled | LRB098 10252 MLW 40416 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Sections 6-201, 6-306.6, 7-214, 7-303, and 7-316.1 as follows:
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(625 ILCS 5/6-201)
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Sec. 6-201. Authority to cancel licenses and permits.
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(a) The Secretary of State is authorized to cancel any |
license or permit
upon determining that the holder thereof:
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1. was not entitled to the issuance thereof hereunder; |
or
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2. failed to give the required or correct information |
in his
application; or
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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
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4. committed any fraud in the making of such |
application; or
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5. is ineligible therefor under the provisions of |
Section 6-103 of this
Act, as amended; or
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6. has refused or neglected to submit an alcohol, drug, |
and
intoxicating compound evaluation or to
submit to |
examination or re-examination as required under this Act; |
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or
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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
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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
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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
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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 |
of employment or within the scope of the petitioner's |
employment
related duties, or to allow transportation for
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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
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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
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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
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cancellation of a restricted driving permit. The Secretary |
of State may,
as a condition to the issuance of a |
restricted driving permit, require the
applicant to |
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participate in a driver remedial or rehabilitative
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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
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8. failed to submit a report as required by Section |
6-116.5 of this
Code; or
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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
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10. is ineligible for a license or permit under Section |
6-107, 6-107.1, or
6-108 of this Code; or
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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
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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 |
medical variance; or |
13. has had his or her medical examiner's certificate, |
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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. |
(b) Upon such cancellation the licensee or permittee must |
surrender the
license or permit so cancelled to the Secretary |
of State.
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(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.
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(d) The Secretary of State may adopt rules to implement |
this Section.
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(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.)
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(625 ILCS 5/6-306.6) (from Ch. 95 1/2, par. 6-306.6)
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Sec. 6-306.6. Failure to pay traffic fines, penalties, or |
court costs.
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(a) Whenever any resident of this State fails to pay any |
traffic fine,
penalty,
or cost imposed for a violation of this |
Code, or similar provision of
local ordinance, the clerk may |
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notify the Secretary of State, on
a report
prescribed by the |
Secretary, and the Secretary shall prohibit the renewal,
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reissue or reinstatement of such resident's driving privileges |
until such
fine, penalty, or cost has been paid in full. The |
clerk
shall provide notice to
the driver, at the driver's last |
known address as shown on the court's
records, stating that |
such action
will be effective on the 46th day following the |
date of the above notice if
payment is not received in full by |
the court of venue.
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(a-1) Whenever any resident of this State who has made a |
partial payment on any traffic fine, penalty, or cost that was |
imposed under a conviction entered on or after the effective |
date of this amendatory Act of the 93rd General Assembly, for a |
violation of this Code or a similar provision of a local |
ordinance, fails to pay the remainder of the outstanding fine, |
penalty, or cost within the time limit set by the court, the |
clerk may notify the Secretary of State, on a report prescribed |
by the Secretary, and the Secretary shall prohibit the renewal, |
reissue, or reinstatement of the resident's driving privileges |
until the fine, penalty, or cost has been paid in full. The |
clerk shall provide notice to the driver, at the driver's last |
known address as shown on the court's records, stating that the |
action will be effective on the 46th day following the date of |
the notice if payment is not received in full by the court of |
venue.
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(b) Except as provided in subsection (b-1), following |
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receipt of the report from the clerk, the
Secretary of
State |
shall make the proper notation to the driver's file to prohibit |
the
renewal, reissue or reinstatement of such driver's driving |
privileges.
Except as provided in paragraph (2) of subsection |
(d) of this Section, such
notation shall not be removed from |
the driver's record until the
driver satisfies the outstanding |
fine, penalty, or cost and an
appropriate notice on
a form |
prescribed by the Secretary is received by the Secretary from |
the
court of venue, stating that such fine, penalty, or cost |
has been paid
in full.
Upon payment in full of a traffic fine, |
penalty, or court cost which has
previously been reported under |
this Section as unpaid, the clerk of the
court shall present |
the driver with a signed receipt containing the seal of
the |
court indicating that such fine, penalty, or cost has been paid |
in
full, and
shall forward forthwith to the Secretary of State |
a notice stating that the
fine, penalty, or cost has been paid |
in full.
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(b-1) In a county with a population of 3,000,000 or more, |
following receipt of the report from the clerk, the
Secretary |
of
State shall make the proper notation to the driver's file to |
prohibit the
renewal, reissue or reinstatement of such driver's |
driving privileges.
Such notation shall not be removed from the |
driver's record until the
driver satisfies the outstanding |
fine, penalty, or cost and an
appropriate notice on
a form |
prescribed by the Secretary is received by the Secretary |
directly from the
court of venue, stating that such fine, |
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penalty, or cost has been paid
in full.
Upon payment in full of |
a traffic fine, penalty, or court cost which has
previously |
been reported under this Section as unpaid, the clerk of the
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court shall forward forthwith directly to the Secretary of |
State a notice stating that the
fine, penalty, or cost has been |
paid in full and shall provide the driver with a signed receipt |
containing the seal of the court, indicating that the fine, |
penalty, and cost have been paid in full. The receipt may not |
be used by the driver to clear the driver's record.
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(c) The provisions of this Section shall be limited to a |
single action
per arrest and as a post conviction measure only. |
Fines, penalty, or
costs to be
collected subsequent to orders |
of court supervision, or other available
court diversions are |
not applicable to this Section.
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(d) (1) Notwithstanding the receipt of a report from |
the clerk
as
prescribed in subsections (a) and (e), nothing |
in this Section is intended to place
any responsibility |
upon the Secretary of State to provide independent
notice |
to the driver of any potential action to disallow the |
renewal,
reissue or reinstatement of such driver's driving |
privileges.
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(2) Except as provided in subsection (b-1), the
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Secretary of State shall renew, reissue or reinstate a
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driver's driving privileges which were previously refused |
pursuant to this
Section upon presentation of an original |
receipt which is signed by the
clerk of the court and |
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contains the seal of the court indicating that the
fine, |
penalty, or cost has been paid in full. The Secretary of |
State
shall retain
such receipt for his records.
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(e) Upon receipt of notification from another state that is |
a member of the Nonresident Violator Compact of 1977, stating a |
resident of this State failed to pay a traffic fine, penalty, |
or cost imposed for a violation that occurs in another state, |
the Secretary shall make the proper notation to the driver's |
license file to prohibit the renewal, reissue, or reinstatement |
of the resident's driving privileges until the fine, penalty, |
or cost has been paid in full. The Secretary of State shall |
renew, reissue, or reinstate the driver's driving privileges |
that were previously refused under this Section upon receipt of |
notification from the other state that indicates that the fine, |
penalty, or cost has been paid in full. The Secretary of State |
shall retain the out-of-state receipt for his or her records.
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(Source: P.A. 94-618, eff. 1-1-06; 95-382, eff. 8-23-07.)
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(625 ILCS 5/7-214) (from Ch. 95 1/2, par. 7-214)
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Sec. 7-214. Disposition of Security. Such security shall be |
applicable only to the payment of a judgment or
judgments, |
rendered against the person or persons on whose behalf the
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deposit was made, for damages arising out of the accident in |
question, in
an action at law, begun not later than two years |
after the later of
(i)
the date the driver's license and |
registration were suspended
following the accident
or (ii) the
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date of any default in any payment under an installment |
agreement for payment
of damages, and such deposit or any |
balance thereof shall be returned to the
depositor or his |
personal representative when evidence satisfactory to the
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Secretary of State has been filed with him:
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1. that there has been a release from liability, or a final |
adjudication
of non-liability; or
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2. a duly acknowledged written agreement in accordance with |
Section
7-208 of this Act; or
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3. whenever after the expiration of two years after
the |
later of
(i) the date
the driver's license and registration |
were suspended
following the accident
or (ii) the date of
any |
default in any payment under an installment agreement for |
payment of
damages, the Secretary of State shall be given |
reasonable evidence that
there is no such action pending and no |
judgment rendered in such action
left unpaid.
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If, after releasing security to a judgment debtor or |
claimant, the balance of the security posted with the Secretary |
is $5 or less, the balance shall be transferred to the General |
Revenue Fund. The
Secretary shall compile a list of all |
security amounts of $5 or less annually in July and shall |
certify that amount to the State Comptroller. As soon as |
possible after receiving the certification, the State |
Comptroller shall order transferred and the State Treasurer |
shall transfer the amount certified to the General Revenue |
Fund. |
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(Source: P.A. 90-774, eff. 8-14-98.)
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(625 ILCS 5/7-303) (from Ch. 95 1/2, par. 7-303)
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Sec. 7-303.
Suspension of driver's licenses, registration
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certificates, license plates and registration stickers for |
failure to satisfy
judgment. (a) The Secretary of State shall, |
except as provided in paragraph
(d), suspend the driver's |
license issued to any
person upon receiving an authenticated |
report as hereinafter provided for
in Section 7-307 that the |
such
person has failed for a period of 30 days to satisfy any |
final
judgment in amounts as hereinafter stated, and shall also |
suspend the all
registration certificate certificates, license |
plates and registration
sticker stickers of the judgment |
debtor's motor vehicle involved in the crash as indicated |
issued to the person named as
the judgment debtor in the any |
such authenticated report.
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(b) The term "judgment" shall mean: A final judgment of any |
court of
competent jurisdiction of any State, against a person |
as defendant for
damages on account of bodily injury to or |
death of any person or damages to
property resulting from the |
operation, on and after July 12, 1938, of any
motor vehicle.
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(c) The term "State" shall mean: Any State, Territory, or |
possession of
the United States, the District of Columbia, or |
any province of the
Dominion of Canada.
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(d) The Secretary of State shall not suspend the driver's
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license, registration certificates, registration stickers or |
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license
plates of the judgment debtor, nor shall such judgment |
debtor be subject
to the suspension provisions of Sections |
7-308 and 7-309 if all the following
conditions are met:
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1. At the time of the motor vehicle accident which gave
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rise to the unsatisfied
judgment the judgment debtor was |
covered by a motor vehicle liability
policy or bond meeting the |
requirements of this Chapter;
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2. The insurance company which issued the policy or bond |
has failed and
has suspended operations by order of a court;
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3. The judgment debtor had no knowledge of the insurance |
company's
failure prior to the motor vehicle accident;
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4. Within 30 days after learning of the insurance company's |
failure the
judgment debtor secured another liability policy or |
bond meeting the
requirements of this Article relating to |
future occurrences or accidents;
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5. The insurance company which issued the motor vehicle |
liability
policy or bond that covered the judgment debtor at |
the time of the motor
vehicle accident is unable to satisfy the |
judgment in the amounts specified
in Section 7-311;
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6. The judgment debtor presents to the Secretary of State |
such
certified documents or other proofs as the Secretary of |
State may require
that all of the conditions set forth in this |
Section have been met.
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(Source: P.A. 85-321.)
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(625 ILCS 5/7-316.1)
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Sec. 7-316.1. Nonresidents and former residents; when |
proof not required. |
(a) Any nonresident or former Illinois resident who (i) has |
met all requirements for reinstatement of his or her driving or |
registration privileges under this Chapter except for filing |
proof of financial responsibility, (ii) resides outside of |
Illinois, and (iii) has applied for a driver's license in |
another state, shall be released from the requirement of |
showing proof of financial responsibility in this State if he |
or she presents to the Secretary of State, in a manner |
satisfactory to the Secretary, notice of his or her |
out-of-state residency. |
(b) Any nonresident or former Illinois resident whose |
driver's license was revoked and who (i) has met all |
requirements for applying for driving privileges except for |
filing proof of financial responsibility under this Chapter, |
(ii) resides outside of Illinois, and (iii) has applied for a |
driver's license in another state, shall be released from the |
requirement of showing proof of financial responsibility in |
this State if he or she presents to the Secretary of State, in |
a manner satisfactory to the Secretary, notice of his or her |
out-of-state residency. |
(b-5) Any nonresident or former Illinois resident who has |
submitted satisfactory documentation to the Secretary of State |
to be released of showing proof of financial responsibility in |
this State shall have his or her Illinois license cancelled 60 |
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days after acceptance of notice of cancellation, as provided in |
Section 6-201 of this Code. |
(c) If a nonresident or former Illinois resident released |
from the requirement of showing proof of financial |
responsibility in this State under subsection (a) or subsection |
(b) of this Section moves or returns to this State within 3 |
years of the date of release, that person must present to the |
Secretary of State, in a manner satisfactory to the Secretary, |
proof of insurance coverage during the period in which the |
person lived outside of Illinois. A person who fails to present |
the required proof may not be issued a driver's license until |
he or she presents proof of financial responsibility that is |
satisfactory under this Chapter. The proof of financial |
responsibility required under this subsection (c) must be shown |
or maintained for the period of time required under this |
Chapter. |
(d) The Secretary shall adopt rules for implementing this |
Section.
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(Source: P.A. 94-224, eff. 1-1-06.)
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