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90_SB0955ccr001
LRB9001186KSgcccr5
1 90TH GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON SENATE BILL 955
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to House Amendment
10 No. 1 to Senate Bill 955, recommend the following:
11 (1) that the House recede from House Amendment No. 1;
12 and
13 (2) that the bill be amended by replacing the title with
14 the following:
15 "AN ACT in relation to transportation, amending named
16 Acts."; and
17 by replacing everything after the enacting clause with the
18 following:
19 "Section 3. The Civil Administrative Code of Illinois is
20 amended by changing Sections 49.19 and 49.19a as follows:
21 (20 ILCS 2705/49.19) (from Ch. 127, par. 49.19)
22 Sec. 49.19. Grants - Mass transportation. (1) For the
23 purpose of mass transportation grants and contracts the
24 following definitions apply:
25 (a) "Mass Transportation" means transportation provided
26 within the State of Illinois by rail, bus, or other
27 conveyance, available to the general public on a regular and
28 continuing basis including the transportation of handicapped
29 or elderly persons as provided more specifically in Section
30 49.19a of this Act.
31 (b) "Carrier" means any corporation, authority,
32 partnership, association, person or district authorized to
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1 provide mass transportation within the State.
2 (c) "Facilities" comprise all real and personal property
3 used in or appurtenant to a mass transportation system,
4 including parking lots.
5 (d) "Unit of local government" "Municipality" means any
6 city, village, or incorporated town, or county.
7 (e) "District" means all of the following:
8 (i) Any district created pursuant to the "Local Mass
9 Transit District Act", approved July 21, 1959, as amended;
10 (ii) The Authority created pursuant to the "Metropolitan
11 Transit Authority Act", approved April 12, 1945, as amended;
12 (iii) Any authority, commission or other entity which by
13 virtue of an interstate compact approved by Congress is
14 authorized to provide mass transportation;
15 (iv) The Authority created pursuant to the "Regional
16 Transportation Authority Act".
17 (2) Grants may be made to units of local government
18 municipalities, districts and carriers for the acquisition,
19 construction, extension, reconstruction and improvement of
20 mass transportation facilities. Grants shall be made upon
21 such terms and conditions as in the judgment of the Secretary
22 are necessary to ensure their proper and effective
23 utilization.
24 (3) The Department shall make grants under this Act in a
25 manner designed, so far as is consistent with the maintenance
26 and development of a sound mass transportation system within
27 the State, to: (a) maximize federal funds for the assistance
28 of mass transportation in Illinois under the Federal Transit
29 Act Urban Mass Transportation Act of 1964, as amended, and
30 other federal acts; (b) facilitate the movement of persons
31 who because of age, economic circumstance or physical
32 infirmity are unable to drive; (c) contribute to an improved
33 environment through the reduction of air, water and noise
34 pollution; and (d) reduce traffic congestion.
35 (4) The Secretary shall establish procedures for making
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1 application for mass transportation grants. Such procedures
2 shall provide for public notice of all applications and give
3 reasonable opportunity for the submission of comments and
4 objections by interested parties. The procedures shall be
5 designed with a view to facilitating simultaneous application
6 for a grant to the Department and to the federal government.
7 (5) Grants may be made for mass transportation projects
8 as follows:
9 (a) in an amount not to exceed 100% of the nonfederal
10 share of projects for which a federal grant is made;
11 (b) in an amount not to exceed 100% of the net project
12 cost for projects for which a federal grant is not made;
13 (c) in an amount not to exceed five-sixths of the net
14 project cost for projects essential for the maintenance of a
15 sound transportation system and eligible for federal
16 assistance for which a federal grant application has been
17 made but a federal grant has been delayed. If and when a
18 federal grant is made, the amount in excess of the nonfederal
19 share shall be promptly returned to the Department.
20 In no event shall the Department make a grant which,
21 together with any federal funds or funds from any other
22 source is in excess of 100% of the net project cost.
23 (6) Regardless of whether any funds are available under
24 a federal grant, the Department shall not make a mass
25 transportation grant unless the Secretary finds that the
26 recipient has entered into an agreement with the Department
27 in which the recipient agrees not to engage in school bus
28 operations exclusively for the transportation of students and
29 school personnel in competition with private school bus
30 operators where such private school bus operators are able to
31 provide adequate transportation, at reasonable rates, in
32 conformance with applicable safety standards, provided that
33 this requirement shall not apply to a recipient which
34 operates a school system in the area to be served and
35 operates a separate and exclusive school bus program for the
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1 school system.
2 (7) Grants may be made for mass transportation purposes
3 with funds appropriated from the Build Illinois Bond Fund or
4 the Build Illinois Purposes Fund, created by the 84th General
5 Assembly, consistent with the specific purposes for which
6 such funds are appropriated by the General Assembly. Grants
7 under this subsection (7) are not subject to any limitations
8 or conditions imposed upon grants by any other provision of
9 this Section, except that the Secretary may impose such terms
10 and conditions as in his judgment are necessary to ensure the
11 proper and effective utilization of the grants under this
12 subsection.
13 (8) The Department may let contracts for mass
14 transportation purposes and facilities for the purpose of
15 reducing urban congestion funded in whole or in part with
16 bonds described in subsection (b)(1) of Section 4 of the
17 General Obligation Bond Act, not to exceed $75,000,000 in
18 bonds.
19 (9) The Department may make grants to carriers,
20 districts, and units of local government municipalities for
21 the purpose of reimbursing them for providing reduced fares
22 for mass transportation services for students, handicapped
23 persons and the elderly. Grants shall be made upon such
24 terms and conditions as in the judgment of the Secretary are
25 necessary to ensure their proper and effective utilization.
26 (Source: P.A. 86-16.)
27 (20 ILCS 2705/49.19a) (from Ch. 127, par. 49.19a)
28 Sec. 49.19a. Grants - Transportation for handicapped
29 persons. (1) For the purposes of this Section the following
30 definitions apply:
31 (a) "Carrier" means a district or a not for profit
32 corporation providing mass transportation for handicapped
33 persons on a regular and continuing basis.
34 (b) "Unit of local government" "Municipality",
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1 "district" and "facilities" have the meanings ascribed to
2 them in Section 49.19.
3 (c) "Handicapped person" means any individual who, by
4 reason of illness, injury, age, congenital malfunction, or
5 other permanent or temporary incapacity or disability, is
6 unable without special mass transportation facilities or
7 special planning or design to utilize ordinary mass
8 transportation facilities and services as effectively as
9 persons who are not so affected.
10 (2) The Department may make grants from the
11 Transportation Fund and The General Revenue Fund to units of
12 local government municipalities, districts and carriers for
13 vehicles, equipment, and the acquisition, construction,
14 extension, reconstruction and improvement of mass
15 transportation facilities for handicapped persons, and during
16 State fiscal years 1986 and 1987, to the Regional
17 Transportation Authority for operating assistance for mass
18 transportation for mobility limited handicapped persons,
19 including paratransit services for the mobility limited. Such
20 grants shall be made upon such terms and conditions as in the
21 judgment of the Secretary are necessary to ensure their
22 proper and effective utilization. The procedures, limitations
23 and safeguards provided in Section 49.19 of this Act to
24 govern grants for mass transportation shall apply to grants
25 made under this Section.
26 For the efficient administration of grants, the
27 Department, on behalf of grant recipients not for profit
28 corporations receiving grants under this Section and on
29 behalf of recipients receiving funds under Sections Section
30 5309 and 5311 18 of the Federal Transit Urban Mass
31 Transportation Act and State funds, may administer and
32 consolidate procurements and may enter into contracts with
33 manufacturers of vehicles and equipment.
34 (3) The Department may make operating assistance grants
35 from the Transportation Fund to those carriers that, during
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1 federal fiscal year 1986, directly received operating
2 assistance pursuant to Section 5307 9 or Section 5311 18 of
3 the Federal Transit Urban Mass Transportation Act, or under
4 contracts with a unit of local government county,
5 municipality, or mass transit district that received
6 operating expenses under Section 5307 9 or Section 5311 18 of
7 the Federal Transit Urban Mass Transportation Act, to provide
8 public paratransit services to the general mobility limited
9 population. The Secretary shall take into consideration the
10 reduction in federal operating expense grants to carriers
11 when considering such grant applications. The procedures,
12 limitations and safeguards provided in Section 49.19 of this
13 Act to govern grants for mass transportation shall apply to
14 grants made under this Section.
15 (Source: P.A. 86-16.)
16 Section 5. The Illinois Vehicle Code is amended by
17 changing Sections 3-629, 3-802, 3-821, 5-102.1, 6-208.2,
18 7-208, 7-214, 7-313, and 7-315 as follows:
19 (625 ILCS 5/3-629)
20 Sec. 3-629. Collegiate license plates; scholarship fund.
21 (a) In addition to any other special license plate, the
22 Secretary, upon receipt of all applicable fees and
23 applications made in the form prescribed by the Secretary of
24 State, may issue collegiate license plates. The collegiate
25 plates issued under this Section shall be affixed only to
26 passenger vehicles of the first division and motor vehicles
27 of the second division weighing not more than 8,000 pounds
28 and subject to the staggered registration system. Plates
29 issued under this Section shall expire according to the
30 staggered multi-year procedure established under Section
31 3-414.1 of this Code.
32 (b) The design, color, and format of the plates shall be
33 wholly within the discretion of the Secretary of State. The
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1 Secretary of State may, at his or her discretion, issue the
2 plates for any public or degree-granting, not-for-profit
3 private college or university located in this State. The
4 Secretary may, in his or her discretion, allow the plates to
5 be issued as vanity plates or personalized in accordance with
6 Section 3-405.1 of this Code. The plates are not required to
7 designate "Land Of Lincoln", as prescribed in subsection (b)
8 of Section 3-412 of this Code. The Secretary shall prescribe
9 the eligibility requirements including a minimum level of
10 specialized license plates requests and, in his or her
11 discretion, shall approve and prescribe stickers or decals as
12 provided under Section 3-412.
13 (c) An applicant shall be charged a $40 fee for original
14 issuance in addition to the applicable registration fee. Of
15 the original issuance fee in the case of a public university
16 or college, $25 shall be deposited into the State College and
17 University Trust Fund and $15 shall be deposited into the
18 Secretary of State Special License Plate Fund to be used by
19 the Secretary of State, subject to appropriation, to help
20 defray the administrative costs of issuing the plate. Of the
21 original issuance fee in the case of a degree-granting,
22 not-for-profit private college or university, $25 shall be
23 deposited into the University Grant Fund and $15 shall be
24 deposited into the Secretary of State Special License Plate
25 Fund to be used by the Secretary of State, subject to
26 appropriation, to help defray the administrative cost of
27 issuing the plate. In addition to the regular renewal fee,
28 an applicant shall be charged $27 for the renewal of each set
29 of license plates issued under this Section; $25 shall be
30 deposited into the State College and University Trust Fund in
31 the case of a public university or college or into the
32 University Grant Fund in the case of a degree-granting,
33 not-for-profit private college or university, and $2 shall be
34 deposited into the Secretary of State Special License Plate
35 Fund plates for all collegiate plates.
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1 (d) The State College and University Trust Fund is
2 created as a special fund in the State treasury. All moneys
3 in the State College and University Trust Fund shall be
4 appropriated to the Board of Higher Education for
5 distribution distributed on January 1 of each year to each
6 public university or college in proportion to the number of
7 plates sold in regard to that university or college according
8 to subsection (c) for administration of the Higher Education
9 License Plate Grant program. Receipts Moneys deposited into
10 the State College and University Trust Fund during the
11 preceding calendar year shall be distributed to participating
12 the public institutions by April 1. This revenue shall be
13 used university or college for the sole purpose of
14 scholarship grant awards.
15 (e) The University Grant Fund is created as a special
16 fund in the State treasury. All moneys in the University
17 Grant Fund shall be appropriated to the Illinois Student
18 Assistance Commission to make reimbursements to participating
19 private colleges and universities under the Higher Education
20 License Plate Grant Program.
21 (Source: P.A. 89-424, eff. 6-1-96; 89-626, eff. 8-9-96;
22 90-14, eff. 7-1-97; 90-278, eff. 7-31-97.)
23 (625 ILCS 5/3-802) (from Ch. 95 1/2, par. 3-802)
24 Sec. 3-802. Reclassifications and upgrades.
25 (a) Definitions. For the purposes of this Section, the
26 following words shall have the meanings ascribed to them as
27 follows:
28 "Reclassification" means changing the registration
29 of a vehicle from one plate category to another.
30 "Upgrade" means increasing the registered weight of
31 a vehicle within the same plate category.
32 (b) When reclassing the registration of a vehicle from
33 one plate category to another, the owner shall receive credit
34 for the unused portion of the present plate and be charged
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1 the current portion fees for the new plate. In addition, the
2 appropriate replacement plate and replacement sticker fees
3 shall be assessed.
4 (c) When upgrading the weight of a registration within
5 the same plate category, the owner shall pay the difference
6 in current period fees between the two plates. In addition,
7 the appropriate replacement plate and replacement sticker
8 fees shall be assessed. In the event new plates are not
9 required, the corrected registration card fee shall be
10 assessed.
11 (d) In the event the owner of the vehicle desires to
12 change the registered weight and change the plate category,
13 the owner shall receive credit for the unused portion of the
14 registration fee of the current plate and pay the current
15 portion of the registration fee for the new plate, and in
16 addition, pay the appropriate replacement plate and
17 replacement sticker fees.
18 (e) Reclassing from one plate category to another plate
19 category can be done only once within any registration
20 period.
21 (f) No refunds shall be made in any of the circumstances
22 found in subsection (b), subsection (c), or subsection (d).
23 (g) In the event the registration of a vehicle
24 registered under the mileage tax option is revoked, the owner
25 shall be required to pay the annual registration fee in the
26 new plate category and shall not receive any credit for the
27 mileage plate fees.
28 (h) Certain special interest plates may be displayed on
29 first division vehicles, second division vehicles weighing
30 8,000 pounds or less, and recreational vehicles. Those
31 plates can be transferred within those vehicle groups.
32 (i) Plates displayed on second division vehicles
33 weighing 8,000 pounds or less and passenger vehicle plates
34 may be reclassed from one division to the other.
35 (j) Other than in subsection (i), reclassing from one
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1 division to the other division is prohibited. In addition, a
2 reclass from a motor vehicle to a trailer or a trailer to a
3 motor vehicle is prohibited.
4 Reclassification.
5 (a) In the event that any owner of a motor vehicle of the
6 first division desires to transfer the registration thereof
7 to another such motor vehicle requiring a higher registration
8 fee or tax, then such owner must pay the additional amount of
9 fees or taxes due, and shall in addition, pay a
10 reclassification fee of $3 in the event that new number
11 plates have to be issued to replace the plates for the lower
12 registration.
13 (b) In the event that any owner of a vehicle of the
14 second division desires to transfer the registration thereof
15 to another such vehicle requiring a higher registration fee
16 or tax, then such owner must pay an additional amount equal
17 to the difference between those registration fees and taxes
18 previously paid for the vehicle and the registration fees or
19 taxes required for the vehicle with a greater or higher
20 classification, and shall in addition, pay a reclassification
21 fee of $3 in the event that new number plates have to be
22 issued to replace the plates for the lower registration.
23 (c) In the event that any owner of a vehicle of the
24 second division wishes to or is required to reclassify this
25 vehicle from a fiscal year to a calendar year basis, the
26 owner must also pay in addition to the reclassification fee,
27 an additional amount equal to the difference resulting from
28 the extension of the expiration date of the new calendar year
29 registration. In the event that any owner of a vehicle of
30 the second division wishes to or is required to reclassify a
31 vehicle from a calendar year to a fiscal year basis, the
32 owner must also pay in addition to the reclassification fee,
33 an additional amount equal to the difference resulting from
34 the extension of the expiration date of the new fiscal year
35 registration.
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1 (d) In the event that the privileges of a person
2 eligible for a special plate as a Disabled Veteran under
3 Section 3-609 terminate during any registration year, such
4 person must file for reclassification of such special
5 registration and pay the higher fees or taxes required for
6 such vehicles under Section 3-806 and shall pay in addition a
7 reclassification fee of $3.
8 (e) In the event that the registration of a vehicle
9 under the mileage weight tax option as specified in Section
10 3-818 has been revoked, such vehicle shall not be eligible
11 for reclassification of such registration to a flat weight
12 tax option under Sections 3-815 or 3-818. The owner of that
13 vehicle shall however be eligible for a credit of $10 for the
14 registration fee specified under Section 3-813 when
15 reregistering such vehicle as required by law.
16 (f) Reclassification of a registration of a vehicle from
17 one class to another may be made only once within any
18 registration year or period. No refunds may be made when
19 reclassifying under any circumstances.
20 (g) In the event the owner of a vehicle of the second
21 division elects or is required to reclassify such vehicle
22 from a fiscal year registration to a calendar year
23 registration under the International Registration Plan as set
24 forth in Sec. 3-402.1 of this Act, the owner shall pay a
25 reclassification fee of $3.00 in addition to any other fee or
26 fees required under this Act, and said owner may thereby be
27 entitled to a refund not to exceed 50% of the fiscal
28 registration fee, less the reclassification fees or taxes
29 which may be due the State of Illinois under this Act and
30 under the International Registration Plan.
31 The Secretary of State may deny any applicant the right
32 of reclassification under this subsection if the Secretary of
33 State determines that the applicant is not eligible for
34 registration or reclassification under said Plan.
35 (h) From July 1 through December 31 of the 1983
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1 registration year, an owner registering a second division
2 vehicle on a calendar year basis into the "X", "Z" or "TN"
3 category shall pay, in addition to any fees required under
4 Section 3-802, an amount equal to 50% of the difference
5 between the most recent flat weight tax fee paid by the owner
6 for the vehicle and the new flat weight tax fee into which
7 the vehicle is being reclassified.
8 (i) From January 1 through June 30 of the 1984
9 registration year, an owner registering a second division
10 vehicle on a fiscal year basis into the "X", "Z" or "TN"
11 category shall pay, in addition to any fees required under
12 Section 3-802, an amount equal to 50% of the difference
13 between the most recent flat weight tax fee paid by the owner
14 for the vehicle and the new flat weight tax fee into which
15 the vehicle is being reclassified.
16 (j) In the event that any owner of a passenger vehicle
17 or a second division vehicle weighing 8,000 pounds or less
18 desires to transfer the registration thereof to the different
19 division, then such owner must pay the additional amount of
20 fees or taxes due, if applicable, and shall, in addition, pay
21 a reclassification fee of $3 in the event that new plates
22 have to be issued to replace the old plates.
23 (Source: P.A. 89-245, eff. 1-1-96.)
24 (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
25 Sec. 3-821. Miscellaneous Registration and Title Fees.
26 (a) The fee to be paid to the Secretary of State for the
27 following certificates, registrations or evidences of proper
28 registration, or for corrected or duplicate documents shall
29 be in accordance with the following schedule:
30 Certificate of Title, except for an all-terrain
31 vehicle or off-highway motorcycle $13
32 Certificate of Title for an all-terrain vehicle
33 or off-highway motorcycle 30
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1 Certificate of Title for an all-terrain vehicle
2 or off-highway motorcycle used for production
3 agriculture 13
4 Transfer of Registration or any evidence of
5 proper registration 12
6 Reclassification 5
7 Duplicate Registration Card for plates or other
8 evidence of proper registration 2
9 Duplicate Registration Sticker or Stickers, each 4
10 Duplicate Certificate of Title 13
11 Corrected Registration Card or Card for other
12 evidence of proper registration 2
13 Corrected Certificate of Title 13
14 Salvage Certificate 3
15 Fleet Reciprocity Permit 12
16 Prorate Decal 1
17 Prorate Backing Plate 2
18 There shall be no fee paid for a Junking Certificate.
19 (b) The Secretary may prescribe the maximum service
20 charge to be imposed upon an applicant for renewal of a
21 registration by any person authorized by law to receive and
22 remit or transmit to the Secretary such renewal application
23 and fees therewith.
24 (c) If a check is delivered to the Office of the
25 Secretary of State as payment of any fee or tax under this
26 Code, and such check is not honored by the bank on which it
27 is drawn for any reason, the registrant or other person
28 tendering the check remains liable for the payment of such
29 fee or tax. The Secretary of State may assess a service
30 charge of $15 in addition to the fee or tax due and owing for
31 all dishonored checks.
32 If the total amount then due and owing exceeds the sum
33 of $50 and has not been paid in full within 60 days from the
34 date such fee or tax became due to the Secretary of State,
35 the Secretary of State shall assess a penalty of 25% of such
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1 amount remaining unpaid.
2 All amounts payable under this Section shall be computed
3 to the nearest dollar.
4 (d) The minimum fee and tax to be paid by any applicant
5 for apportionment of a fleet of vehicles under this Code
6 shall be $12 if the application was filed on or before the
7 date specified by the Secretary together with fees and taxes
8 due. If an application and the fees or taxes due are filed
9 after the date specified by the Secretary, the Secretary may
10 prescribe the payment of interest at the rate of 1/2 of 1%
11 per month or fraction thereof after such due date and a
12 minimum of $6.
13 (e) Trucks, truck tractors, truck tractors with loads,
14 and motor buses, any one of which having a combined total
15 weight in excess of 12,000 lbs. shall file an application for
16 a Fleet Reciprocity Permit issued by the Secretary of State.
17 This permit shall be in the possession of any driver
18 operating a vehicle on Illinois highways. Any foreign
19 licensed vehicle of the second division operating at any time
20 in Illinois without a Fleet Reciprocity Permit or other
21 proper Illinois registration, shall subject the operator to
22 the penalties provided in Section 3-834 of this Code. For
23 the purposes of this Code, "Fleet Reciprocity Permit" means
24 any second division motor vehicle with a foreign license and
25 used only in interstate transportation of goods. The fee for
26 such permit shall be $12 per fleet which shall include all
27 vehicles of the fleet being registered.
28 (f) For purposes of this Section, "all-terrain vehicle
29 or off-highway motorcycle used for production agriculture"
30 means any all-terrain vehicle or off-highway motorcycle used
31 in the raising of or the propagation of livestock, crops for
32 sale for human consumption, crops for livestock consumption,
33 and production seed stock grown for the propagation of feed
34 grains and the husbandry of animals or for the purpose of
35 providing a food product, including the husbandry of blood
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1 stock as a main source of providing a food product.
2 "All-terrain vehicle or off-highway motorcycle used in
3 production agriculture" also means any all-terrain vehicle or
4 off-highway motorcycle used in animal husbandry,
5 floriculture, aquaculture, horticulture, and viticulture.
6 (Source: P.A. 90-287, eff. 1-1-98.)
7 (625 ILCS 5/5-102.1) (from Ch. 95 1/2, par. 5-102.1)
8 Sec. 5-102.1. Permits for off site sales and
9 exhibitions.
10 (a) A licensed new or used motor vehicle dealer licensed
11 under Section 5-101 or 5-102 shall not engage in any off site
12 sale without an off site sale permit issued by the Secretary
13 under this Section.
14 The Secretary shall issue an off site sale permit to a
15 dealer if:
16 (1) an application therefor is received by the
17 Secretary at least 10 days prior to the beginning date of
18 the proposed off site sale, accompanied by a fee of $25;
19 (2) the applicant is a licensed new vehicle dealer
20 or used vehicle dealer in good standing; and
21 (3) the Secretary determines that the proposed off
22 site sale will conform with the requirements imposed by
23 law.
24 However, in no event shall an off site sale permit be
25 issued to any licensed new or used vehicle dealer for any off
26 site sale to be conducted outside that dealer's relevant
27 market area, as that term is defined in this Chapter, except
28 that this restriction shall not apply to off site sales of
29 motor homes or recreational vehicles.
30 The provisions of this subsection shall not apply to
31 self-contained motor homes, mini motor homes, van campers,
32 and recreational trailers, including trailers designed and
33 used to transport vessels or watercraft.
34 An off site sale permit does not authorize the sale of
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1 vehicles on a Sunday.
2 (b) Only a new or used vehicle dealer licensed under
3 Section 5-101 or 5-102 may participate in a display
4 exhibition and shall obtain a display exhibition permit
5 issued by the Secretary under this Section.
6 The Secretary shall issue a display exhibition permit to
7 a dealer if:
8 (1) an application therefor is received by the
9 Secretary at least 10 days prior to the beginning date of
10 the proposed exhibition, accompanied by a fee of $10;
11 (2) the applicant is a licensed new vehicle dealer
12 or used vehicle dealer in good standing; and
13 (3) the Secretary determines that the proposed
14 exhibition will conform with the requirements imposed by
15 law.
16 A display exhibition permit shall be valid for a period
17 of no longer than 30 days.
18 (c) A licensed new or used motor vehicle dealer under
19 Section 5-101 or 5-102, or any other person as defined in
20 this Section, may participate in a trade show exhibition and
21 must obtain a trade show exhibition permit issued by the
22 Secretary under this Section.
23 The Secretary shall issue a trade show exhibition permit
24 if:
25 (1) an application is received by the Secretary at
26 least 10 days before the beginning date of the proposed
27 trade show exhibition, accompanied by a fee of $10;
28 (2) the applicant is a licensed new vehicle dealer
29 or used vehicle dealer in good standing; and
30 (3) the Secretary determines that the proposed
31 trade show exhibition shall conform with the requirements
32 imposed by law.
33 A trade show exhibition permit shall be valid for a
34 period of no longer than 30 days.
35 The provisions of this subsection shall not apply to
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1 self-contained motor homes, mini motor homes, van campers,
2 and recreational trailers, including trailers designed and
3 used to transport vessels or watercraft.
4 The term "any other person" shall mean new or used
5 vehicle dealers licensed by other states; provided however, a
6 trade show exhibition of new vehicles shall only be
7 participated in by licensed new vehicle dealers, at least 2
8 of which must be licensed under Section 5-101.
9 (d) An Illinois or out-of-state licensed new or used
10 trailer dealer, manufactured home dealer, motor home dealer,
11 mini motor home dealer, or van camper dealer shall not engage
12 in any off site sale or trade show exhibition without first
13 acquiring a permit issued by the Secretary under this
14 subsection. The Secretary shall issue a permit to an
15 Illinois dealer if:
16 (1) an application is received by the Secretary at
17 least 10 days before the beginning date of the proposed
18 off site sale or trade show exhibition, accompanied by a
19 fee of $25;
20 (2) the applicant is a licensed new or used vehicle
21 dealer in good standing; and
22 (3) the Secretary determines that the proposed off
23 site sale or trade show exhibition will conform with the
24 requirements imposed by law.
25 The Secretary shall issue a permit to an out-of-state
26 dealer if the requirements of subdivisions (1), (2), and (3)
27 of this subsection (d) are met and at least 2 licensed
28 Illinois dealers will participate in the off site sale or
29 trade show exhibition.
30 A permit issued pursuant to this subsection shall allow
31 for the sale of vehicles at either an off site sale or at a
32 trade show exhibition. The permit shall be valid for a
33 period not to exceed 30 days.
34 (e) The Secretary of State may adopt rules regulating
35 the conduct of off site sales and exhibitions, and governing
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1 the issuance and enforcement of the permits authorized under
2 this Section.
3 (Source: P.A. 88-470; 88-588, eff. 1-1-95; 88-685, eff.
4 1-24-95; 89-235, eff. 8-4-95; 89-551, eff. 1-1-97.)
5 (625 ILCS 5/6-208.2)
6 Sec. 6-208.2. Restoration of driving privileges; persons
7 under age 21.
8 (a) Unless the suspension based upon consumption of
9 alcohol by a minor or refusal to submit to testing has been
10 rescinded by the Secretary of State in accordance with item
11 (c)(3) of Section 6-206 of this Code, a person whose
12 privilege to drive a motor vehicle on the public highways has
13 been suspended under Section 11-501.8 is not eligible for
14 restoration of the privilege until the expiration of:
15 1. Six months from the effective date of the
16 suspension for a refusal or failure to complete a test or
17 tests to determine the alcohol concentration under
18 Section 11-501.8;
19 2. Three months from the effective date of the
20 suspension imposed following the person's submission to a
21 chemical test which disclosed an alcohol concentration
22 greater than 0.00 under Section 11-501.8;
23 3. Two years from the effective date of the
24 suspension for a person who has been previously suspended
25 under Section 11-501.8 and who refuses or fails to
26 complete a test or tests to determine the alcohol
27 concentration under Section 11-501.8; or
28 4. One year from the effective date of the
29 suspension imposed for a person who has been previously
30 suspended under Section 11-501.8 following submission to
31 a chemical test that disclosed an alcohol concentration
32 greater than 0.00 under Section 11-501.8.
33 (b) Following a suspension of the privilege to drive a
34 motor vehicle under Section 11-501.8, full driving privileges
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1 shall be restored unless the person is otherwise disqualified
2 by this Code.
3 (c) Full driving privileges may not be restored until
4 all applicable reinstatement fees, as provided by this Code,
5 have been paid to the Secretary of State and the appropriate
6 entry made to the driver's record. The Secretary of State may
7 also, as a condition of the reissuance of a driver's license
8 or permit to an individual under the age of 18 years whose
9 driving privileges have been suspended pursuant to Section
10 11-501.8, require the applicant to participate in a driver
11 remedial education course and be retested under Section
12 6-109.
13 (d) Where a driving privilege has been suspended under
14 Section 11-501.8 and the person is subsequently convicted of
15 violating Section 11-501, or a similar provision of a local
16 ordinance, for the same incident, any period served on that
17 suspension shall be credited toward the minimum period of
18 revocation of driving privileges imposed under Section 6-205.
19 (e) Following a suspension of driving privileges under
20 Section 11-501.8 for a person who has not had his or her
21 driving privileges previously suspended under that Section,
22 the Secretary of State may issue a restricted driving permit
23 after at least 30 days from the effective date of the
24 suspension.
25 (f) Following a second or subsequent suspension of
26 driving privileges under Section 11-501.8 that is based upon
27 the person having refused or failed to complete a test or
28 tests to determine the alcohol concentration under Section
29 11-501.8, the Secretary of State may issue a restricted
30 driving permit after at least 6 months from the effective
31 date of the suspension.
32 (g) Following a second or subsequent suspension of
33 driving privileges under Section 11-501.8 that is based upon
34 the person having submitted to a chemical test that disclosed
35 an alcohol concentration greater than 0.00 under Section
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1 11-501.8, the Secretary of State may issue a restricted
2 driving permit after at least 90 days from the effective date
3 of the suspension.
4 Any restricted driving permit considered under this
5 Section is subject to the provisions of item (e) of Section
6 11-501.8.
7 (Source: P.A. 88-588, eff. 1-1-95.)
8 (625 ILCS 5/7-208) (from Ch. 95 1/2, par. 7-208)
9 Sec. 7-208. Agreements for payment of damages. (a) Any 2
10 or more of the persons involved in a motor vehicle accident
11 subject to the provisions of Section 7-201 or their
12 authorized representatives, may at any time enter into a
13 written agreement for the payment of an agreed amount in
14 installments, with respect to all claims for injuries or
15 damages resulting from the motor vehicle accident.
16 (b) The Secretary of State, to the extent provided by
17 any such written agreement properly filed with him, shall not
18 require the deposit of security and shall terminate any prior
19 order of suspension, or, if security has previously been
20 deposited, the Secretary of State shall immediately return
21 such security to the depositor or an appropriate personal
22 representative.
23 (c) In the event of a default in any payment under such
24 agreement and upon notice of such default the Secretary of
25 State shall forthwith suspend the driver's license and
26 registration, or nonresident's operating privileges, of such
27 person in default which shall not be restored unless and
28 until:
29 1. Such person deposits and thereafter maintains
30 security as required under Section 7-201 in such amount as
31 the Secretary of State may then determine, or
32 2. Two years have elapsed since the acceptance of the
33 notice of default by the Secretary of State and during such
34 period no action upon such agreement has been instituted in
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1 any court having jurisdiction, or
2 3. The person enters into a second written agreement for
3 the payment of an agreed amount in installments with respect
4 to all claims for injuries or damages resulting from the
5 motor vehicle accident.
6 (Source: P.A. 85-321.)
7 (625 ILCS 5/7-214) (from Ch. 95 1/2, par. 7-214)
8 Sec. 7-214. Disposition of Security.
9 Such security shall be applicable only to the payment of
10 a judgment or judgments, rendered against the person or
11 persons on whose behalf the deposit was made, for damages
12 arising out of the accident in question, in an action at law,
13 begun not later than two years after the later of (i) the
14 date the driver's license and registration were suspended
15 following the accident or (ii) the date of any default in any
16 payment under an installment agreement for payment of damages
17 of such accident, and such deposit or any balance thereof
18 shall be returned to the depositor or his personal
19 representative when evidence satisfactory to the Secretary of
20 State has been filed with him:.
21 1. that there has been a release from liability, or a
22 final adjudication of non-liability; or
23 2. or a duly acknowledged written agreement in
24 accordance with Section 7-208 of this Act; or
25 3. or whenever after the expiration of two years after
26 the later of (i) the date the driver's license and
27 registration were suspended following the accident or (ii)
28 the date of any default in any payment under an installment
29 agreement for payment of damages of the accident, the
30 Secretary of State shall be given reasonable evidence that
31 there is no such action pending and no judgment rendered in
32 such action left unpaid.
33 (Source: P.A. 76-1586.)
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1 (625 ILCS 5/7-313) (from Ch. 95 1/2, par. 7-313)
2 Sec. 7-313. Suspension required upon breach of
3 agreement. In the event the judgment debtor fails to pay any
4 installments as permitted by the order of the court upon
5 notice of such default, the Secretary of State, upon receipt
6 of a court order, shall forthwith suspend the driver's
7 license, registration certificate, license plates,
8 registration stickers or nonresident's operating privilege of
9 the judgment debtor until said judgment is satisfied as
10 provided in Section 7-311 or a second installment payment
11 plan is accepted as provided in Section 7-312.
12 (Source: P.A. 85-321.)
13 (625 ILCS 5/7-315) (from Ch. 95 1/2, par. 7-315)
14 Sec. 7-315. A certificate of insurance proof. (a) Proof
15 of financial responsibility may be made by filing with the
16 Secretary of State the written certificate of any insurance
17 carrier duly authorized to do business in this State,
18 certifying that it has issued to or for the benefit of the
19 person furnishing such proof and named as the insured in a
20 motor vehicle liability policy, a motor vehicle liability
21 policy or policies or in certain events an operator's policy
22 meeting the requirements of this Code and that said policy or
23 policies are then in full force and effect.
24 (b) Such certificate or certificates shall give the
25 dates of issuance and expiration of such policy or policies
26 and certify that the same shall not be canceled unless 15 10
27 days' prior written notice thereof be given to the Secretary
28 of State and shall explicitly describe all motor vehicles
29 covered thereby unless the policy or policies are issued to a
30 person who is not the owner of a motor vehicle.
31 (c) The Secretary of State shall not accept any
32 certificate or certificates unless the same shall cover all
33 motor vehicles then registered in this State in the name of
34 the person furnishing such proof as owner and an additional
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1 certificate or certificates shall be required as a condition
2 precedent to the subsequent registration of any motor vehicle
3 or motor vehicles in the name of the person giving such proof
4 as owner.
5 (Source: P.A. 83-831.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.".
8 Submitted on , 1998.
9 ______________________________ _____________________________
10 Senator Fawell Representative Hoffman
11 ______________________________ _____________________________
12 Senator Parker Representative Murphy
13 ______________________________ _____________________________
14 Senator Dudycz Representative Hannig
15 ______________________________ _____________________________
16 Senator Shadid Representative Churchill
17 ______________________________ _____________________________
18 Senator Molaro Representative Rutherford
19 Committee for the Senate Committee for the House