[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ Conference Committee Report 001 ] |
90_SB0955enr
625 ILCS 5/3-802 from Ch. 95 1/2, par. 3-802
Amends the Illinois Vehicle Code to change the
reclassification fee for vehicles from $3 to $5.
LRB9001186NTsb
SB955 Enrolled LRB9001186NTsb
1 AN ACT in relation to transportation, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 3. The Civil Administrative Code of Illinois is
6 amended by changing Sections 49.19 and 49.19a as follows:
7 (20 ILCS 2705/49.19) (from Ch. 127, par. 49.19)
8 Sec. 49.19. Grants - Mass transportation. (1) For the
9 purpose of mass transportation grants and contracts the
10 following definitions apply:
11 (a) "Mass Transportation" means transportation provided
12 within the State of Illinois by rail, bus, or other
13 conveyance, available to the general public on a regular and
14 continuing basis including the transportation of handicapped
15 or elderly persons as provided more specifically in Section
16 49.19a of this Act.
17 (b) "Carrier" means any corporation, authority,
18 partnership, association, person or district authorized to
19 provide mass transportation within the State.
20 (c) "Facilities" comprise all real and personal property
21 used in or appurtenant to a mass transportation system,
22 including parking lots.
23 (d) "Unit of local government" "Municipality" means any
24 city, village, or incorporated town, or county.
25 (e) "District" means all of the following:
26 (i) Any district created pursuant to the "Local Mass
27 Transit District Act", approved July 21, 1959, as amended;
28 (ii) The Authority created pursuant to the "Metropolitan
29 Transit Authority Act", approved April 12, 1945, as amended;
30 (iii) Any authority, commission or other entity which by
31 virtue of an interstate compact approved by Congress is
SB955 Enrolled -2- LRB9001186NTsb
1 authorized to provide mass transportation;
2 (iv) The Authority created pursuant to the "Regional
3 Transportation Authority Act".
4 (2) Grants may be made to units of local government
5 municipalities, districts and carriers for the acquisition,
6 construction, extension, reconstruction and improvement of
7 mass transportation facilities. Grants shall be made upon
8 such terms and conditions as in the judgment of the Secretary
9 are necessary to ensure their proper and effective
10 utilization.
11 (3) The Department shall make grants under this Act in a
12 manner designed, so far as is consistent with the maintenance
13 and development of a sound mass transportation system within
14 the State, to: (a) maximize federal funds for the assistance
15 of mass transportation in Illinois under the Federal Transit
16 Act Urban Mass Transportation Act of 1964, as amended, and
17 other federal acts; (b) facilitate the movement of persons
18 who because of age, economic circumstance or physical
19 infirmity are unable to drive; (c) contribute to an improved
20 environment through the reduction of air, water and noise
21 pollution; and (d) reduce traffic congestion.
22 (4) The Secretary shall establish procedures for making
23 application for mass transportation grants. Such procedures
24 shall provide for public notice of all applications and give
25 reasonable opportunity for the submission of comments and
26 objections by interested parties. The procedures shall be
27 designed with a view to facilitating simultaneous application
28 for a grant to the Department and to the federal government.
29 (5) Grants may be made for mass transportation projects
30 as follows:
31 (a) in an amount not to exceed 100% of the nonfederal
32 share of projects for which a federal grant is made;
33 (b) in an amount not to exceed 100% of the net project
34 cost for projects for which a federal grant is not made;
SB955 Enrolled -3- LRB9001186NTsb
1 (c) in an amount not to exceed five-sixths of the net
2 project cost for projects essential for the maintenance of a
3 sound transportation system and eligible for federal
4 assistance for which a federal grant application has been
5 made but a federal grant has been delayed. If and when a
6 federal grant is made, the amount in excess of the nonfederal
7 share shall be promptly returned to the Department.
8 In no event shall the Department make a grant which,
9 together with any federal funds or funds from any other
10 source is in excess of 100% of the net project cost.
11 (6) Regardless of whether any funds are available under
12 a federal grant, the Department shall not make a mass
13 transportation grant unless the Secretary finds that the
14 recipient has entered into an agreement with the Department
15 in which the recipient agrees not to engage in school bus
16 operations exclusively for the transportation of students and
17 school personnel in competition with private school bus
18 operators where such private school bus operators are able to
19 provide adequate transportation, at reasonable rates, in
20 conformance with applicable safety standards, provided that
21 this requirement shall not apply to a recipient which
22 operates a school system in the area to be served and
23 operates a separate and exclusive school bus program for the
24 school system.
25 (7) Grants may be made for mass transportation purposes
26 with funds appropriated from the Build Illinois Bond Fund or
27 the Build Illinois Purposes Fund, created by the 84th General
28 Assembly, consistent with the specific purposes for which
29 such funds are appropriated by the General Assembly. Grants
30 under this subsection (7) are not subject to any limitations
31 or conditions imposed upon grants by any other provision of
32 this Section, except that the Secretary may impose such terms
33 and conditions as in his judgment are necessary to ensure the
34 proper and effective utilization of the grants under this
SB955 Enrolled -4- LRB9001186NTsb
1 subsection.
2 (8) The Department may let contracts for mass
3 transportation purposes and facilities for the purpose of
4 reducing urban congestion funded in whole or in part with
5 bonds described in subsection (b)(1) of Section 4 of the
6 General Obligation Bond Act, not to exceed $75,000,000 in
7 bonds.
8 (9) The Department may make grants to carriers,
9 districts, and units of local government municipalities for
10 the purpose of reimbursing them for providing reduced fares
11 for mass transportation services for students, handicapped
12 persons and the elderly. Grants shall be made upon such
13 terms and conditions as in the judgment of the Secretary are
14 necessary to ensure their proper and effective utilization.
15 (Source: P.A. 86-16.)
16 (20 ILCS 2705/49.19a) (from Ch. 127, par. 49.19a)
17 Sec. 49.19a. Grants - Transportation for handicapped
18 persons. (1) For the purposes of this Section the following
19 definitions apply:
20 (a) "Carrier" means a district or a not for profit
21 corporation providing mass transportation for handicapped
22 persons on a regular and continuing basis.
23 (b) "Unit of local government" "Municipality",
24 "district" and "facilities" have the meanings ascribed to
25 them in Section 49.19.
26 (c) "Handicapped person" means any individual who, by
27 reason of illness, injury, age, congenital malfunction, or
28 other permanent or temporary incapacity or disability, is
29 unable without special mass transportation facilities or
30 special planning or design to utilize ordinary mass
31 transportation facilities and services as effectively as
32 persons who are not so affected.
33 (2) The Department may make grants from the
SB955 Enrolled -5- LRB9001186NTsb
1 Transportation Fund and The General Revenue Fund to units of
2 local government municipalities, districts and carriers for
3 vehicles, equipment, and the acquisition, construction,
4 extension, reconstruction and improvement of mass
5 transportation facilities for handicapped persons, and during
6 State fiscal years 1986 and 1987, to the Regional
7 Transportation Authority for operating assistance for mass
8 transportation for mobility limited handicapped persons,
9 including paratransit services for the mobility limited. Such
10 grants shall be made upon such terms and conditions as in the
11 judgment of the Secretary are necessary to ensure their
12 proper and effective utilization. The procedures, limitations
13 and safeguards provided in Section 49.19 of this Act to
14 govern grants for mass transportation shall apply to grants
15 made under this Section.
16 For the efficient administration of grants, the
17 Department, on behalf of grant recipients not for profit
18 corporations receiving grants under this Section and on
19 behalf of recipients receiving funds under Sections Section
20 5309 and 5311 18 of the Federal Transit Urban Mass
21 Transportation Act and State funds, may administer and
22 consolidate procurements and may enter into contracts with
23 manufacturers of vehicles and equipment.
24 (3) The Department may make operating assistance grants
25 from the Transportation Fund to those carriers that, during
26 federal fiscal year 1986, directly received operating
27 assistance pursuant to Section 5307 9 or Section 5311 18 of
28 the Federal Transit Urban Mass Transportation Act, or under
29 contracts with a unit of local government county,
30 municipality, or mass transit district that received
31 operating expenses under Section 5307 9 or Section 5311 18 of
32 the Federal Transit Urban Mass Transportation Act, to provide
33 public paratransit services to the general mobility limited
34 population. The Secretary shall take into consideration the
SB955 Enrolled -6- LRB9001186NTsb
1 reduction in federal operating expense grants to carriers
2 when considering such grant applications. The procedures,
3 limitations and safeguards provided in Section 49.19 of this
4 Act to govern grants for mass transportation shall apply to
5 grants made under this Section.
6 (Source: P.A. 86-16.)
7 Section 5. The Illinois Vehicle Code is amended by
8 changing Sections 3-629, 3-802, 3-821, 5-102.1, 6-208.2,
9 7-208, 7-214, 7-313, and 7-315 as follows:
10 (625 ILCS 5/3-629)
11 Sec. 3-629. Collegiate license plates; scholarship fund.
12 (a) In addition to any other special license plate, the
13 Secretary, upon receipt of all applicable fees and
14 applications made in the form prescribed by the Secretary of
15 State, may issue collegiate license plates. The collegiate
16 plates issued under this Section shall be affixed only to
17 passenger vehicles of the first division and motor vehicles
18 of the second division weighing not more than 8,000 pounds
19 and subject to the staggered registration system. Plates
20 issued under this Section shall expire according to the
21 staggered multi-year procedure established under Section
22 3-414.1 of this Code.
23 (b) The design, color, and format of the plates shall be
24 wholly within the discretion of the Secretary of State. The
25 Secretary of State may, at his or her discretion, issue the
26 plates for any public or degree-granting, not-for-profit
27 private college or university located in this State. The
28 Secretary may, in his or her discretion, allow the plates to
29 be issued as vanity plates or personalized in accordance with
30 Section 3-405.1 of this Code. The plates are not required to
31 designate "Land Of Lincoln", as prescribed in subsection (b)
32 of Section 3-412 of this Code. The Secretary shall prescribe
SB955 Enrolled -7- LRB9001186NTsb
1 the eligibility requirements including a minimum level of
2 specialized license plates requests and, in his or her
3 discretion, shall approve and prescribe stickers or decals as
4 provided under Section 3-412.
5 (c) An applicant shall be charged a $40 fee for original
6 issuance in addition to the applicable registration fee. Of
7 the original issuance fee in the case of a public university
8 or college, $25 shall be deposited into the State College and
9 University Trust Fund and $15 shall be deposited into the
10 Secretary of State Special License Plate Fund to be used by
11 the Secretary of State, subject to appropriation, to help
12 defray the administrative costs of issuing the plate. Of the
13 original issuance fee in the case of a degree-granting,
14 not-for-profit private college or university, $25 shall be
15 deposited into the University Grant Fund and $15 shall be
16 deposited into the Secretary of State Special License Plate
17 Fund to be used by the Secretary of State, subject to
18 appropriation, to help defray the administrative cost of
19 issuing the plate. In addition to the regular renewal fee,
20 an applicant shall be charged $27 for the renewal of each set
21 of license plates issued under this Section; $25 shall be
22 deposited into the State College and University Trust Fund in
23 the case of a public university or college or into the
24 University Grant Fund in the case of a degree-granting,
25 not-for-profit private college or university, and $2 shall be
26 deposited into the Secretary of State Special License Plate
27 Fund plates for all collegiate plates.
28 (d) The State College and University Trust Fund is
29 created as a special fund in the State treasury. All moneys
30 in the State College and University Trust Fund shall be
31 appropriated to the Board of Higher Education for
32 distribution distributed on January 1 of each year to each
33 public university or college in proportion to the number of
34 plates sold in regard to that university or college according
SB955 Enrolled -8- LRB9001186NTsb
1 to subsection (c) for administration of the Higher Education
2 License Plate Grant program. Receipts Moneys deposited into
3 the State College and University Trust Fund during the
4 preceding calendar year shall be distributed to participating
5 the public institutions by April 1. This revenue shall be
6 used university or college for the sole purpose of
7 scholarship grant awards.
8 (e) The University Grant Fund is created as a special
9 fund in the State treasury. All moneys in the University
10 Grant Fund shall be appropriated to the Illinois Student
11 Assistance Commission to make reimbursements to participating
12 private colleges and universities under the Higher Education
13 License Plate Grant Program.
14 (Source: P.A. 89-424, eff. 6-1-96; 89-626, eff. 8-9-96;
15 90-14, eff. 7-1-97; 90-278, eff. 7-31-97.)
16 (625 ILCS 5/3-802) (from Ch. 95 1/2, par. 3-802)
17 Sec. 3-802. Reclassifications and upgrades.
18 (a) Definitions. For the purposes of this Section, the
19 following words shall have the meanings ascribed to them as
20 follows:
21 "Reclassification" means changing the registration
22 of a vehicle from one plate category to another.
23 "Upgrade" means increasing the registered weight of
24 a vehicle within the same plate category.
25 (b) When reclassing the registration of a vehicle from
26 one plate category to another, the owner shall receive credit
27 for the unused portion of the present plate and be charged
28 the current portion fees for the new plate. In addition, the
29 appropriate replacement plate and replacement sticker fees
30 shall be assessed.
31 (c) When upgrading the weight of a registration within
32 the same plate category, the owner shall pay the difference
33 in current period fees between the two plates. In addition,
SB955 Enrolled -9- LRB9001186NTsb
1 the appropriate replacement plate and replacement sticker
2 fees shall be assessed. In the event new plates are not
3 required, the corrected registration card fee shall be
4 assessed.
5 (d) In the event the owner of the vehicle desires to
6 change the registered weight and change the plate category,
7 the owner shall receive credit for the unused portion of the
8 registration fee of the current plate and pay the current
9 portion of the registration fee for the new plate, and in
10 addition, pay the appropriate replacement plate and
11 replacement sticker fees.
12 (e) Reclassing from one plate category to another plate
13 category can be done only once within any registration
14 period.
15 (f) No refunds shall be made in any of the circumstances
16 found in subsection (b), subsection (c), or subsection (d).
17 (g) In the event the registration of a vehicle
18 registered under the mileage tax option is revoked, the owner
19 shall be required to pay the annual registration fee in the
20 new plate category and shall not receive any credit for the
21 mileage plate fees.
22 (h) Certain special interest plates may be displayed on
23 first division vehicles, second division vehicles weighing
24 8,000 pounds or less, and recreational vehicles. Those
25 plates can be transferred within those vehicle groups.
26 (i) Plates displayed on second division vehicles
27 weighing 8,000 pounds or less and passenger vehicle plates
28 may be reclassed from one division to the other.
29 (j) Other than in subsection (i), reclassing from one
30 division to the other division is prohibited. In addition, a
31 reclass from a motor vehicle to a trailer or a trailer to a
32 motor vehicle is prohibited.
33 Reclassification.
34 (a) In the event that any owner of a motor vehicle of the
SB955 Enrolled -10- LRB9001186NTsb
1 first division desires to transfer the registration thereof
2 to another such motor vehicle requiring a higher registration
3 fee or tax, then such owner must pay the additional amount of
4 fees or taxes due, and shall in addition, pay a
5 reclassification fee of $3 in the event that new number
6 plates have to be issued to replace the plates for the lower
7 registration.
8 (b) In the event that any owner of a vehicle of the
9 second division desires to transfer the registration thereof
10 to another such vehicle requiring a higher registration fee
11 or tax, then such owner must pay an additional amount equal
12 to the difference between those registration fees and taxes
13 previously paid for the vehicle and the registration fees or
14 taxes required for the vehicle with a greater or higher
15 classification, and shall in addition, pay a reclassification
16 fee of $3 in the event that new number plates have to be
17 issued to replace the plates for the lower registration.
18 (c) In the event that any owner of a vehicle of the
19 second division wishes to or is required to reclassify this
20 vehicle from a fiscal year to a calendar year basis, the
21 owner must also pay in addition to the reclassification fee,
22 an additional amount equal to the difference resulting from
23 the extension of the expiration date of the new calendar year
24 registration. In the event that any owner of a vehicle of
25 the second division wishes to or is required to reclassify a
26 vehicle from a calendar year to a fiscal year basis, the
27 owner must also pay in addition to the reclassification fee,
28 an additional amount equal to the difference resulting from
29 the extension of the expiration date of the new fiscal year
30 registration.
31 (d) In the event that the privileges of a person
32 eligible for a special plate as a Disabled Veteran under
33 Section 3-609 terminate during any registration year, such
34 person must file for reclassification of such special
SB955 Enrolled -11- LRB9001186NTsb
1 registration and pay the higher fees or taxes required for
2 such vehicles under Section 3-806 and shall pay in addition a
3 reclassification fee of $3.
4 (e) In the event that the registration of a vehicle
5 under the mileage weight tax option as specified in Section
6 3-818 has been revoked, such vehicle shall not be eligible
7 for reclassification of such registration to a flat weight
8 tax option under Sections 3-815 or 3-818. The owner of that
9 vehicle shall however be eligible for a credit of $10 for the
10 registration fee specified under Section 3-813 when
11 reregistering such vehicle as required by law.
12 (f) Reclassification of a registration of a vehicle from
13 one class to another may be made only once within any
14 registration year or period. No refunds may be made when
15 reclassifying under any circumstances.
16 (g) In the event the owner of a vehicle of the second
17 division elects or is required to reclassify such vehicle
18 from a fiscal year registration to a calendar year
19 registration under the International Registration Plan as set
20 forth in Sec. 3-402.1 of this Act, the owner shall pay a
21 reclassification fee of $3.00 in addition to any other fee or
22 fees required under this Act, and said owner may thereby be
23 entitled to a refund not to exceed 50% of the fiscal
24 registration fee, less the reclassification fees or taxes
25 which may be due the State of Illinois under this Act and
26 under the International Registration Plan.
27 The Secretary of State may deny any applicant the right
28 of reclassification under this subsection if the Secretary of
29 State determines that the applicant is not eligible for
30 registration or reclassification under said Plan.
31 (h) From July 1 through December 31 of the 1983
32 registration year, an owner registering a second division
33 vehicle on a calendar year basis into the "X", "Z" or "TN"
34 category shall pay, in addition to any fees required under
SB955 Enrolled -12- LRB9001186NTsb
1 Section 3-802, an amount equal to 50% of the difference
2 between the most recent flat weight tax fee paid by the owner
3 for the vehicle and the new flat weight tax fee into which
4 the vehicle is being reclassified.
5 (i) From January 1 through June 30 of the 1984
6 registration year, an owner registering a second division
7 vehicle on a fiscal year basis into the "X", "Z" or "TN"
8 category shall pay, in addition to any fees required under
9 Section 3-802, an amount equal to 50% of the difference
10 between the most recent flat weight tax fee paid by the owner
11 for the vehicle and the new flat weight tax fee into which
12 the vehicle is being reclassified.
13 (j) In the event that any owner of a passenger vehicle
14 or a second division vehicle weighing 8,000 pounds or less
15 desires to transfer the registration thereof to the different
16 division, then such owner must pay the additional amount of
17 fees or taxes due, if applicable, and shall, in addition, pay
18 a reclassification fee of $3 in the event that new plates
19 have to be issued to replace the old plates.
20 (Source: P.A. 89-245, eff. 1-1-96.)
21 (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
22 Sec. 3-821. Miscellaneous Registration and Title Fees.
23 (a) The fee to be paid to the Secretary of State for the
24 following certificates, registrations or evidences of proper
25 registration, or for corrected or duplicate documents shall
26 be in accordance with the following schedule:
27 Certificate of Title, except for an all-terrain
28 vehicle or off-highway motorcycle $13
29 Certificate of Title for an all-terrain vehicle
30 or off-highway motorcycle 30
31 Certificate of Title for an all-terrain vehicle
32 or off-highway motorcycle used for production
33 agriculture 13
SB955 Enrolled -13- LRB9001186NTsb
1 Transfer of Registration or any evidence of
2 proper registration 12
3 Reclassification 5
4 Duplicate Registration Card for plates or other
5 evidence of proper registration 2
6 Duplicate Registration Sticker or Stickers, each 4
7 Duplicate Certificate of Title 13
8 Corrected Registration Card or Card for other
9 evidence of proper registration 2
10 Corrected Certificate of Title 13
11 Salvage Certificate 3
12 Fleet Reciprocity Permit 12
13 Prorate Decal 1
14 Prorate Backing Plate 2
15 There shall be no fee paid for a Junking Certificate.
16 (b) The Secretary may prescribe the maximum service
17 charge to be imposed upon an applicant for renewal of a
18 registration by any person authorized by law to receive and
19 remit or transmit to the Secretary such renewal application
20 and fees therewith.
21 (c) If a check is delivered to the Office of the
22 Secretary of State as payment of any fee or tax under this
23 Code, and such check is not honored by the bank on which it
24 is drawn for any reason, the registrant or other person
25 tendering the check remains liable for the payment of such
26 fee or tax. The Secretary of State may assess a service
27 charge of $15 in addition to the fee or tax due and owing for
28 all dishonored checks.
29 If the total amount then due and owing exceeds the sum
30 of $50 and has not been paid in full within 60 days from the
31 date such fee or tax became due to the Secretary of State,
32 the Secretary of State shall assess a penalty of 25% of such
33 amount remaining unpaid.
34 All amounts payable under this Section shall be computed
SB955 Enrolled -14- LRB9001186NTsb
1 to the nearest dollar.
2 (d) The minimum fee and tax to be paid by any applicant
3 for apportionment of a fleet of vehicles under this Code
4 shall be $12 if the application was filed on or before the
5 date specified by the Secretary together with fees and taxes
6 due. If an application and the fees or taxes due are filed
7 after the date specified by the Secretary, the Secretary may
8 prescribe the payment of interest at the rate of 1/2 of 1%
9 per month or fraction thereof after such due date and a
10 minimum of $6.
11 (e) Trucks, truck tractors, truck tractors with loads,
12 and motor buses, any one of which having a combined total
13 weight in excess of 12,000 lbs. shall file an application for
14 a Fleet Reciprocity Permit issued by the Secretary of State.
15 This permit shall be in the possession of any driver
16 operating a vehicle on Illinois highways. Any foreign
17 licensed vehicle of the second division operating at any time
18 in Illinois without a Fleet Reciprocity Permit or other
19 proper Illinois registration, shall subject the operator to
20 the penalties provided in Section 3-834 of this Code. For
21 the purposes of this Code, "Fleet Reciprocity Permit" means
22 any second division motor vehicle with a foreign license and
23 used only in interstate transportation of goods. The fee for
24 such permit shall be $12 per fleet which shall include all
25 vehicles of the fleet being registered.
26 (f) For purposes of this Section, "all-terrain vehicle
27 or off-highway motorcycle used for production agriculture"
28 means any all-terrain vehicle or off-highway motorcycle used
29 in the raising of or the propagation of livestock, crops for
30 sale for human consumption, crops for livestock consumption,
31 and production seed stock grown for the propagation of feed
32 grains and the husbandry of animals or for the purpose of
33 providing a food product, including the husbandry of blood
34 stock as a main source of providing a food product.
SB955 Enrolled -15- LRB9001186NTsb
1 "All-terrain vehicle or off-highway motorcycle used in
2 production agriculture" also means any all-terrain vehicle or
3 off-highway motorcycle used in animal husbandry,
4 floriculture, aquaculture, horticulture, and viticulture.
5 (Source: P.A. 90-287, eff. 1-1-98.)
6 (625 ILCS 5/5-102.1) (from Ch. 95 1/2, par. 5-102.1)
7 Sec. 5-102.1. Permits for off site sales and
8 exhibitions.
9 (a) A licensed new or used motor vehicle dealer licensed
10 under Section 5-101 or 5-102 shall not engage in any off site
11 sale without an off site sale permit issued by the Secretary
12 under this Section.
13 The Secretary shall issue an off site sale permit to a
14 dealer if:
15 (1) an application therefor is received by the
16 Secretary at least 10 days prior to the beginning date of
17 the proposed off site sale, accompanied by a fee of $25;
18 (2) the applicant is a licensed new vehicle dealer
19 or used vehicle dealer in good standing; and
20 (3) the Secretary determines that the proposed off
21 site sale will conform with the requirements imposed by
22 law.
23 However, in no event shall an off site sale permit be
24 issued to any licensed new or used vehicle dealer for any off
25 site sale to be conducted outside that dealer's relevant
26 market area, as that term is defined in this Chapter, except
27 that this restriction shall not apply to off site sales of
28 motor homes or recreational vehicles.
29 The provisions of this subsection shall not apply to
30 self-contained motor homes, mini motor homes, van campers,
31 and recreational trailers, including trailers designed and
32 used to transport vessels or watercraft.
33 An off site sale permit does not authorize the sale of
SB955 Enrolled -16- LRB9001186NTsb
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.
SB955 Enrolled -17- LRB9001186NTsb
1 The provisions of this subsection shall not apply to
2 self-contained motor homes, mini motor homes, van campers,
3 and recreational trailers, including trailers designed and
4 used to transport vessels or watercraft.
5 The term "any other person" shall mean new or used
6 vehicle dealers licensed by other states; provided however, a
7 trade show exhibition of new vehicles shall only be
8 participated in by licensed new vehicle dealers, at least 2
9 of which must be licensed under Section 5-101.
10 (d) An Illinois or out-of-state licensed new or used
11 trailer dealer, manufactured home dealer, motor home dealer,
12 mini motor home dealer, or van camper dealer shall not engage
13 in any off site sale or trade show exhibition without first
14 acquiring a permit issued by the Secretary under this
15 subsection. The Secretary shall issue a permit to an
16 Illinois dealer if:
17 (1) an application is received by the Secretary at
18 least 10 days before the beginning date of the proposed
19 off site sale or trade show exhibition, accompanied by a
20 fee of $25;
21 (2) the applicant is a licensed new or used vehicle
22 dealer in good standing; and
23 (3) the Secretary determines that the proposed off
24 site sale or trade show exhibition will conform with the
25 requirements imposed by law.
26 The Secretary shall issue a permit to an out-of-state
27 dealer if the requirements of subdivisions (1), (2), and (3)
28 of this subsection (d) are met and at least 2 licensed
29 Illinois dealers will participate in the off site sale or
30 trade show exhibition.
31 A permit issued pursuant to this subsection shall allow
32 for the sale of vehicles at either an off site sale or at a
33 trade show exhibition. The permit shall be valid for a
34 period not to exceed 30 days.
SB955 Enrolled -18- LRB9001186NTsb
1 (e) The Secretary of State may adopt rules regulating
2 the conduct of off site sales and exhibitions, and governing
3 the issuance and enforcement of the permits authorized under
4 this Section.
5 (Source: P.A. 88-470; 88-588, eff. 1-1-95; 88-685, eff.
6 1-24-95; 89-235, eff. 8-4-95; 89-551, eff. 1-1-97.)
7 (625 ILCS 5/6-208.2)
8 Sec. 6-208.2. Restoration of driving privileges; persons
9 under age 21.
10 (a) Unless the suspension based upon consumption of
11 alcohol by a minor or refusal to submit to testing has been
12 rescinded by the Secretary of State in accordance with item
13 (c)(3) of Section 6-206 of this Code, a person whose
14 privilege to drive a motor vehicle on the public highways has
15 been suspended under Section 11-501.8 is not eligible for
16 restoration of the privilege until the expiration of:
17 1. Six months from the effective date of the
18 suspension for a refusal or failure to complete a test or
19 tests to determine the alcohol concentration under
20 Section 11-501.8;
21 2. Three months from the effective date of the
22 suspension imposed following the person's submission to a
23 chemical test which disclosed an alcohol concentration
24 greater than 0.00 under Section 11-501.8;
25 3. Two years from the effective date of the
26 suspension for a person who has been previously suspended
27 under Section 11-501.8 and who refuses or fails to
28 complete a test or tests to determine the alcohol
29 concentration under Section 11-501.8; or
30 4. One year from the effective date of the
31 suspension imposed for a person who has been previously
32 suspended under Section 11-501.8 following submission to
33 a chemical test that disclosed an alcohol concentration
SB955 Enrolled -19- LRB9001186NTsb
1 greater than 0.00 under Section 11-501.8.
2 (b) Following a suspension of the privilege to drive a
3 motor vehicle under Section 11-501.8, full driving privileges
4 shall be restored unless the person is otherwise disqualified
5 by this Code.
6 (c) Full driving privileges may not be restored until
7 all applicable reinstatement fees, as provided by this Code,
8 have been paid to the Secretary of State and the appropriate
9 entry made to the driver's record. The Secretary of State may
10 also, as a condition of the reissuance of a driver's license
11 or permit to an individual under the age of 18 years whose
12 driving privileges have been suspended pursuant to Section
13 11-501.8, require the applicant to participate in a driver
14 remedial education course and be retested under Section
15 6-109.
16 (d) Where a driving privilege has been suspended under
17 Section 11-501.8 and the person is subsequently convicted of
18 violating Section 11-501, or a similar provision of a local
19 ordinance, for the same incident, any period served on that
20 suspension shall be credited toward the minimum period of
21 revocation of driving privileges imposed under Section 6-205.
22 (e) Following a suspension of driving privileges under
23 Section 11-501.8 for a person who has not had his or her
24 driving privileges previously suspended under that Section,
25 the Secretary of State may issue a restricted driving permit
26 after at least 30 days from the effective date of the
27 suspension.
28 (f) Following a second or subsequent suspension of
29 driving privileges under Section 11-501.8 that is based upon
30 the person having refused or failed to complete a test or
31 tests to determine the alcohol concentration under Section
32 11-501.8, the Secretary of State may issue a restricted
33 driving permit after at least 6 months from the effective
34 date of the suspension.
SB955 Enrolled -20- LRB9001186NTsb
1 (g) Following a second or subsequent suspension of
2 driving privileges under Section 11-501.8 that is based upon
3 the person having submitted to a chemical test that disclosed
4 an alcohol concentration greater than 0.00 under Section
5 11-501.8, the Secretary of State may issue a restricted
6 driving permit after at least 90 days from the effective date
7 of the suspension.
8 Any restricted driving permit considered under this
9 Section is subject to the provisions of item (e) of Section
10 11-501.8.
11 (Source: P.A. 88-588, eff. 1-1-95.)
12 (625 ILCS 5/7-208) (from Ch. 95 1/2, par. 7-208)
13 Sec. 7-208. Agreements for payment of damages. (a) Any 2
14 or more of the persons involved in a motor vehicle accident
15 subject to the provisions of Section 7-201 or their
16 authorized representatives, may at any time enter into a
17 written agreement for the payment of an agreed amount in
18 installments, with respect to all claims for injuries or
19 damages resulting from the motor vehicle accident.
20 (b) The Secretary of State, to the extent provided by
21 any such written agreement properly filed with him, shall not
22 require the deposit of security and shall terminate any prior
23 order of suspension, or, if security has previously been
24 deposited, the Secretary of State shall immediately return
25 such security to the depositor or an appropriate personal
26 representative.
27 (c) In the event of a default in any payment under such
28 agreement and upon notice of such default the Secretary of
29 State shall forthwith suspend the driver's license and
30 registration, or nonresident's operating privileges, of such
31 person in default which shall not be restored unless and
32 until:
33 1. Such person deposits and thereafter maintains
SB955 Enrolled -21- LRB9001186NTsb
1 security as required under Section 7-201 in such amount as
2 the Secretary of State may then determine, or
3 2. Two years have elapsed since the acceptance of the
4 notice of default by the Secretary of State and during such
5 period no action upon such agreement has been instituted in
6 any court having jurisdiction, or
7 3. The person enters into a second written agreement for
8 the payment of an agreed amount in installments with respect
9 to all claims for injuries or damages resulting from the
10 motor vehicle accident.
11 (Source: P.A. 85-321.)
12 (625 ILCS 5/7-214) (from Ch. 95 1/2, par. 7-214)
13 Sec. 7-214. Disposition of Security.
14 Such security shall be applicable only to the payment of
15 a judgment or judgments, rendered against the person or
16 persons on whose behalf the deposit was made, for damages
17 arising out of the accident in question, in an action at law,
18 begun not later than two years after the later of (i) the
19 date the driver's license and registration were suspended
20 following the accident or (ii) the date of any default in any
21 payment under an installment agreement for payment of damages
22 of such accident, and such deposit or any balance thereof
23 shall be returned to the depositor or his personal
24 representative when evidence satisfactory to the Secretary of
25 State has been filed with him:.
26 1. that there has been a release from liability, or a
27 final adjudication of non-liability; or
28 2. or a duly acknowledged written agreement in
29 accordance with Section 7-208 of this Act; or
30 3. or whenever after the expiration of two years after
31 the later of (i) the date the driver's license and
32 registration were suspended following the accident or (ii)
33 the date of any default in any payment under an installment
SB955 Enrolled -22- LRB9001186NTsb
1 agreement for payment of damages of the accident, the
2 Secretary of State shall be given reasonable evidence that
3 there is no such action pending and no judgment rendered in
4 such action left unpaid.
5 (Source: P.A. 76-1586.)
6 (625 ILCS 5/7-313) (from Ch. 95 1/2, par. 7-313)
7 Sec. 7-313. Suspension required upon breach of
8 agreement. In the event the judgment debtor fails to pay any
9 installments as permitted by the order of the court upon
10 notice of such default, the Secretary of State, upon receipt
11 of a court order, shall forthwith suspend the driver's
12 license, registration certificate, license plates,
13 registration stickers or nonresident's operating privilege of
14 the judgment debtor until said judgment is satisfied as
15 provided in Section 7-311 or a second installment payment
16 plan is accepted as provided in Section 7-312.
17 (Source: P.A. 85-321.)
18 (625 ILCS 5/7-315) (from Ch. 95 1/2, par. 7-315)
19 Sec. 7-315. A certificate of insurance proof. (a) Proof
20 of financial responsibility may be made by filing with the
21 Secretary of State the written certificate of any insurance
22 carrier duly authorized to do business in this State,
23 certifying that it has issued to or for the benefit of the
24 person furnishing such proof and named as the insured in a
25 motor vehicle liability policy, a motor vehicle liability
26 policy or policies or in certain events an operator's policy
27 meeting the requirements of this Code and that said policy or
28 policies are then in full force and effect.
29 (b) Such certificate or certificates shall give the
30 dates of issuance and expiration of such policy or policies
31 and certify that the same shall not be canceled unless 15 10
32 days' prior written notice thereof be given to the Secretary
SB955 Enrolled -23- LRB9001186NTsb
1 of State and shall explicitly describe all motor vehicles
2 covered thereby unless the policy or policies are issued to a
3 person who is not the owner of a motor vehicle.
4 (c) The Secretary of State shall not accept any
5 certificate or certificates unless the same shall cover all
6 motor vehicles then registered in this State in the name of
7 the person furnishing such proof as owner and an additional
8 certificate or certificates shall be required as a condition
9 precedent to the subsequent registration of any motor vehicle
10 or motor vehicles in the name of the person giving such proof
11 as owner.
12 (Source: P.A. 83-831.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.