Illinois General Assembly - Full Text of Public Act 095-0855
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Public Act 095-0855


 

Public Act 0855 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0855
 
SB2295 Enrolled LRB095 15369 WGH 45387 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 6-118 and 6-206.1 as follows:
 
    (625 ILCS 5/6-118)  (from Ch. 95 1/2, par. 6-118)
    Sec. 6-118. Fees.
    (a) The fee for licenses and permits under this Article is
as follows:
    Original driver's license............................$10
    Original or renewal driver's license
        issued to 18, 19 and 20 year olds..................5
    All driver's licenses for persons
        age 69 through age 80..............................5
    All driver's licenses for persons
        age 81 through age 86..............................2
    All driver's licenses for persons
        age 87 or older....................................0
    Renewal driver's license (except for
        applicants ages 18, 19 and 20 or
        age 69 and older).................................10
    Original instruction permit issued to
        persons (except those age 69 and older)
        who do not hold or have not previously
        held an Illinois instruction permit or
        driver's license..................................20
    Instruction permit issued to any person
        holding an Illinois driver's license
        who wishes a change in classifications,
        other than at the time of renewal..................5
    Any instruction permit issued to a person
        age 69 and older...................................5
    Instruction permit issued to any person,
        under age 69, not currently holding a
        valid Illinois driver's license or
        instruction permit but who has
        previously been issued either document
        in Illinois.......................................10
    Restricted driving permit..............................8
    Monitoring device driving permit.......................8
    Duplicate or corrected driver's license
        or permit..........................................5
    Duplicate or corrected restricted
        driving permit.....................................5
    Duplicate or corrected monitoring
    device driving permit...................................5
    Original or renewal M or L endorsement.................5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
        The fees for commercial driver licenses and permits
    under Article V shall be as follows:
    Commercial driver's license:
        $6 for the CDLIS/AAMVAnet Fund
        (Commercial Driver's License Information
        System/American Association of Motor Vehicle
        Administrators network Trust Fund);
        $20 for the Motor Carrier Safety Inspection Fund;
        $10 for the driver's license;
        and $24 for the CDL:.............................$60
    Renewal commercial driver's license:
        $6 for the CDLIS/AAMVAnet Trust Fund;
        $20 for the Motor Carrier Safety Inspection Fund;
        $10 for the driver's license; and
        $24 for the CDL:.................................$60
    Commercial driver instruction permit
        issued to any person holding a valid
        Illinois driver's license for the
        purpose of changing to a
        CDL classification: $6 for the
        CDLIS/AAMVAnet Trust Fund;
        $20 for the Motor Carrier
        Safety Inspection Fund; and
        $24 for the CDL classification...................$50
    Commercial driver instruction permit
        issued to any person holding a valid
        Illinois CDL for the purpose of
        making a change in a classification,
        endorsement or restriction........................$5
    CDL duplicate or corrected license....................$5
    In order to ensure the proper implementation of the Uniform
Commercial Driver License Act, Article V of this Chapter, the
Secretary of State is empowered to pro-rate the $24 fee for the
commercial driver's license proportionate to the expiration
date of the applicant's Illinois driver's license.
    The fee for any duplicate license or permit shall be waived
for any person age 60 or older who presents the Secretary of
State's office with a police report showing that his license or
permit was stolen.
    No additional fee shall be charged for a driver's license,
or for a commercial driver's license, when issued to the holder
of an instruction permit for the same classification or type of
license who becomes eligible for such license.
    (b) Any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked under
Section 3-707, any provision of Chapter 6, Chapter 11, or
Section 7-205, 7-303, or 7-702 of the Family Financial
Responsibility Law of this Code, shall in addition to any other
fees required by this Code, pay a reinstatement fee as follows:
    Suspension under Section 3-707..................... $100
    Summary suspension under Section 11-501.1...........$250
    Other suspension.....................................$70
    Revocation..........................................$500
    However, any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked for a
second or subsequent time for a violation of Section 11-501 or
11-501.1 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense or Section 9-3 of
the Criminal Code of 1961 and each suspension or revocation was
for a violation of Section 11-501 or 11-501.1 of this Code or a
similar provision of a local ordinance or a similar
out-of-state offense or Section 9-3 of the Criminal Code of
1961 shall pay, in addition to any other fees required by this
Code, a reinstatement fee as follows:
    Summary suspension under Section 11-501.1...........$500
    Revocation..........................................$500
    (c) All fees collected under the provisions of this Chapter
6 shall be paid into the Road Fund in the State Treasury except
as follows:
        1. The following amounts shall be paid into the Driver
    Education Fund:
            (A) $16 of the $20 fee for an original driver's
        instruction permit;
            (B) $5 of the $10 fee for an original driver's
        license;
            (C) $5 of the $10 fee for a 4 year renewal driver's
        license; and
            (D) $4 of the $8 fee for a restricted driving
        permit; and .
            (E) $4 of the $8 fee for a monitoring device
        driving permit.
        2. $30 of the $250 fee for reinstatement of a license
    summarily suspended under Section 11-501.1 shall be
    deposited into the Drunk and Drugged Driving Prevention
    Fund. However, for a person whose license or privilege to
    operate a motor vehicle in this State has been suspended or
    revoked for a second or subsequent time for a violation of
    Section 11-501 or 11-501.1 of this Code or Section 9-3 of
    the Criminal Code of 1961, $190 of the $500 fee for
    reinstatement of a license summarily suspended under
    Section 11-501.1, and $190 of the $500 fee for
    reinstatement of a revoked license shall be deposited into
    the Drunk and Drugged Driving Prevention Fund.
        3. $6 of such original or renewal fee for a commercial
    driver's license and $6 of the commercial driver
    instruction permit fee when such permit is issued to any
    person holding a valid Illinois driver's license, shall be
    paid into the CDLIS/AAMVAnet Trust Fund.
        4. $30 of the $70 fee for reinstatement of a license
    suspended under the Family Financial Responsibility Law
    shall be paid into the Family Responsibility Fund.
        5. The $5 fee for each original or renewal M or L
    endorsement shall be deposited into the Cycle Rider Safety
    Training Fund.
        6. $20 of any original or renewal fee for a commercial
    driver's license or commercial driver instruction permit
    shall be paid into the Motor Carrier Safety Inspection
    Fund.
        7. The following amounts shall be paid into the General
    Revenue Fund:
            (A) $190 of the $250 reinstatement fee for a
        summary suspension under Section 11-501.1;
            (B) $40 of the $70 reinstatement fee for any other
        suspension provided in subsection (b) of this Section;
        and
            (C) $440 of the $500 reinstatement fee for a first
        offense revocation and $310 of the $500 reinstatement
        fee for a second or subsequent revocation.
(Source: P.A. 93-32, eff. 1-1-04; 93-788, eff. 1-1-05; 94-1035,
eff. 7-1-07.)
 
    (625 ILCS 5/6-206.1)  (from Ch. 95 1/2, par. 6-206.1)
    Sec. 6-206.1. Monitoring Device Driving Permit.
Declaration of Policy. It is hereby declared a policy of the
State of Illinois that the driver who is impaired by alcohol,
other drug or drugs, or intoxicating compound or compounds is a
threat to the public safety and welfare. Therefore, to provide
a deterrent to such practice and to remove problem drivers from
the highway, a statutory summary driver's license suspension is
appropriate. It is also recognized that driving is a privilege
and therefore, that the granting of driving privileges, in a
manner consistent with public safety, is warranted during the
period of suspension in the form of a monitoring device driving
permit. A person who drives and fails to comply with the
requirements of the monitoring device driving permit commits a
violation of Section 6-303 of this Code.
    The following procedures shall apply whenever a first
offender is arrested for any offense as defined in Section
11-501 or a similar provision of a local ordinance:
    (a) Subsequent to a notification of a statutory summary
suspension of driving privileges as provided in Section
11-501.1, the court, after informing the first offender, as
defined in Section 11-500, of his or her right to a monitoring
device driving permit, hereinafter referred to as a MDDP, and
of the obligations of the MDDP, shall enter an order directing
the Secretary of State (hereinafter referred to as the
Secretary) to issue a MDDP to the offender, unless the offender
has opted, in writing, not to have a MDDP issued. After opting
out of having a MDDP issued, at any time during the summary
suspension, the offender may petition the court for an order
directing the Secretary to issue a MDDP. However, the court
shall not enter the order directing the Secretary of State to
issue the MDDP, in any instance, if the court finds:
        (1) The offender's driver's license is otherwise
    invalid;
        (2) Death or great bodily harm resulted from the arrest
    for Section 11-501;
        (3) That the offender has been previously convicted of
    reckless homicide or aggravated driving under the
    influence involving death; or
        (4) That the offender is less than 18 years of age.
    Any court order for a MDDP shall order the person to pay
the Secretary of State a MDDP Administration Fee in an amount
not to exceed $30 per month, to be deposited into the
Monitoring Device Driving Permit Administration Fee Fund. The
Secretary shall establish by rule the amount and the
procedures, terms, and conditions relating to these fees. The
order shall further specify that the offender must have an
ignition interlock device installed within 14 days of the date
the Secretary issues the MDDP, and shall specify the vehicle in
which the device is to be installed. The ignition interlock
device provider must notify the Secretary, in a manner and form
prescribed by the Secretary, of the installation. If the
Secretary does not receive notice of installation, the
Secretary shall cancel the MDDP.
A MDDP shall not become effective prior to the 31st day of the
original statutory summary suspension.
    (a-1) A person issued a MDDP may drive for any purpose and
at any time, subject to the rules adopted by the Secretary of
State under subsection (g). The person must, at his or her own
expense, drive only vehicles equipped with an ignition
interlock device as defined in Section 1-129.1, but in no event
shall such person drive a commercial motor vehicle.
    (a-2) Persons who are issued a MDDP and must drive
employer-owned vehicles in the course of their employment
duties may seek permission from the court to drive an
employer-owned vehicle that does not have an ignition interlock
device. The employer employee shall provide to the Secretary
court a form, as prescribed by the Secretary of State,
completed by the employer verifying that the employee must
drive an employer-owned vehicle in the course of employment. If
approved by the Secretary court, the form must be file stamped
and must be in the driver's possession while operating an
employer-owner vehicle not equipped with an ignition interlock
device. No person may use this exemption to drive a school bus,
school vehicle, or a vehicle designed to transport more than 15
passengers. No person may use this exemption to drive an
employer-owned motor vehicle that is owned by an entity that is
wholly or partially owned by the person holding the MDDP, or by
a family member of the person holding the MDDP. No person may
use this exemption to drive an employer-owned vehicle that is
made available to the employee for personal use. No person may
drive the exempted vehicle more than 12 hours per day, 6 days
per week.
    (b) (Blank).
    (c) (Blank).
    (c-1) If the holder of the MDDP is convicted of or receives
court supervision for a violation of Section 6-206.2, 6-303,
11-204, 11-401, 11-501, 11-503, 11-506 or a similar provision
of a local ordinance or a similar out-of-state offense or is
convicted of or receives court supervision for any offense for
which alcohol or drugs is an element of the offense and in
which a motor vehicle was involved (for an arrest other than
the one for which the MDDP is issued), or de-installs the BAIID
without prior authorization from the Secretary, the MDDP shall
be cancelled. If the person is issued a citation for a
violation of Section 6-303 or a violation of Section 11-501 or
a similar provision of a local ordinance or a similar out of
state offense during the term of the MDDP, the officer issuing
the citation, or the law enforcement agency employing that
officer, shall confiscate the MDDP and immediately send the
MDDP and notice of the citation to the court that ordered the
issuance of the MDDP. Within 10 days of receipt, the issuing
court, upon notice to the person, shall conduct a hearing to
consider cancellation of the MDDP. If the court enters an order
of cancellation, the court shall forward the order to the
Secretary of State, and the Secretary shall cancel the MDDP and
notify the person of the cancellation. If, however, the person
is convicted of the offense before the MDDP has been cancelled,
the court of venue shall send notice of conviction to the court
that ordered issuance of the MDDP. The court receiving the
notice shall immediately enter an order of cancellation and
forward the order to the Secretary of State. The Secretary
shall cancel the MDDP and notify the person of the
cancellation.
    If the person is issued a citation for any other traffic
related offense during the term of the MDDP, the officer
issuing the citation, or the law enforcement agency employing
that officer, shall send notice of the citation to the court
that ordered issuance of the MDDP. Upon receipt and notice to
the person and an opportunity for a hearing, the court shall
determine whether the violation constitutes grounds for
cancellation of the MDDP. If the court enters an order of
cancellation, the court shall forward the order to the
Secretary of State, and the Secretary shall cancel the MDDP and
shall notify the person of the cancellation.
    (c-5) If the court determines that the person seeking the
MDDP is indigent, the court shall provide the person with a
written document, in a form prescribed by the Secretary of
State, as evidence of that determination, and the person shall
provide that written document to an ignition interlock device
provider. The provider shall install an ignition interlock
device on that person's vehicle without charge to the person,
and seek reimbursement from the Indigent BAIID Fund. If the
court has deemed an offender indigent, the BAIID provider shall
also provide the normal monthly monitoring services and the
de-installation without charge to the offender and seek
reimbursement from the Indigent BAIID Fund. Any other monetary
charges, such as a lockout fee or reset fee, shall be the
responsibility of the MDDP holder. A BAIID provider may not
seek a security deposit from the Indigent BAIID Fund. The court
shall also forward a copy of the indigent determination to the
Secretary, in a manner and form as prescribed by the Secretary.
    (d) The Secretary of State shall, upon receiving a court
order from the court of venue, issue a MDDP to a person who
applies for a MDDP under this Section. Such court order form
shall also contain a notification, which shall be sent to the
Secretary of State, providing the name, driver's license
number, and legal address of the applicant. This information
shall be available only to the courts, police officers, and the
Secretary of State, except during the actual period the MDDP is
valid, during which time it shall be a public record. The
Secretary of State shall design and furnish to the courts an
official court order form to be used by the courts when
directing the Secretary of State to issue a MDDP.
    Any submitted court order that contains insufficient data
or fails to comply with this Code shall not be utilized for
MDDP issuance or entered to the driver record but shall be
returned to the issuing court indicating why the MDDP cannot be
so entered. A notice of this action shall also be sent to the
MDDP applicant by the Secretary of State.
    (e) (Blank).
    (f) (Blank).
    (g) The Secretary of State shall adopt rules for
implementing this Section. The rules adopted shall address
issues including, but not limited to: compliance with the
requirements of the MDDP; methods for determining compliance
with those requirements; the consequences of noncompliance
with those requirements; what constitutes a violation of the
MDDP; and the duties of a person or entity that supplies the
ignition interlock device.
    (h) The rules adopted under subsection (g) shall provide,
at a minimum, that the person is not in compliance with the
requirements of the MDDP if he or she:
        (1) tampers or attempts to tamper with or circumvent
    the proper operation of the ignition interlock device;
        (2) provides valid breath samples that register blood
    alcohol levels in excess of the number of times allowed
    under the rules;
        (3) fails to provide evidence sufficient to satisfy the
    Secretary that the ignition interlock device has been
    installed in the designated vehicle or vehicles; or
        (4) fails to follow any other applicable rules adopted
    by the Secretary.
    (i) Any person or entity that supplies an ignition
interlock device as provided under this Section shall, in
addition to supplying only those devices which fully comply
with all the rules adopted under subsection (g), provide the
Secretary, within 7 days of inspection, all monitoring reports
of each person who has had an ignition interlock device
installed. These reports shall be furnished in a manner or form
as prescribed by the Secretary.
    (j) Upon making a determination that a violation of the
requirements of the MDDP has occurred, the Secretary shall
extend the summary suspension period for an additional 3 months
beyond the originally imposed summary suspension period,
during which time the person shall only be allowed to drive
vehicles equipped with an ignition interlock device; provided
further there are no limitations on the total number of times
the summary suspension may be extended. The Secretary may,
however, limit the number of extensions imposed for violations
occurring during any one monitoring period, as set forth by
rule. Any person whose summary suspension is extended pursuant
to this Section shall have the right to contest the extension
through a an administrative hearing with the Secretary,
pursuant to Section 2-118 of this Code. If the summary
suspension has already terminated prior to the Secretary
receiving the monitoring report that shows a violation, the
Secretary shall be authorized to suspend the person's driving
privileges for 3 months, provided that the Secretary may, by
rule, limit the number of suspensions to be entered pursuant to
this paragraph for violations occurring during any one
monitoring period. Any person whose license is suspended
pursuant to this paragraph, after the summary suspension had
already terminated, shall have the right to contest the
suspension through a hearing with the Secretary, pursuant to
Section 2-118 of this Code. The only permit the person shall be
eligible for during this new suspension period is a MDDP.
    (k) A person who has had his or her summary suspension
extended for the third time, or has any combination of 3
extensions and new suspensions, entered as a result of a
violation that occurred while holding the MDDP, so long as the
extensions and new suspensions relate to the same summary
suspension, shall have his or her vehicle impounded for a
period of 30 days, at the person's own expense. A person who
has his or her summary suspension extended for the fourth time,
or has any combination of 4 extensions and new suspensions,
entered as a result of a violation that occurred while holding
the MDDP, so long as the extensions and new suspensions relate
to the same summary suspension, shall have his or her vehicle
subject to seizure and forfeiture. The Secretary shall notify
the prosecuting authority of any third or fourth extensions or
new suspension entered as a result of a violation that occurred
while the person held a MDDP. Upon receipt of the notification,
the prosecuting authority shall impound or forfeit the vehicle.
    (l) A person whose driving privileges have been suspended
under Section 11-501.1 of this Code and who had a MDDP that was
cancelled pursuant to subsection (c-1) of this Section, shall
not be eligible for reinstatement when the summary suspension
is scheduled to terminate, but instead shall be eligible only
to apply for a restricted driving permit. If a restricted
driving permit is granted, the offender may only operate
vehicles equipped with an ignition interlock device, for a
period of not less than twice the original summary suspension
period, or for the length of any extensions entered under
subsection (j), whichever is longer.
    (m) Any person or entity that supplies an ignition
interlock device under this Section shall, for each ignition
interlock device installed, pay 5% of the total gross revenue
received for the device, including monthly monitoring fees,
into the Indigent BAIID Fund. This 5% shall be clearly
indicated as a separate surcharge on each invoice that is
issued. The Secretary shall conduct an annual review of the
fund to determine whether the surcharge is sufficient to
provide for indigent users. The Secretary may increase or
decrease this surcharge requirement as needed.
    (n) Any person or entity that supplies an ignition
interlock device under this Section that is requested to
provide an ignition interlock device to a person who presents
written documentation of indigency from the court, as provided
in subsection (c-5) of this Section, shall install the device
on the person's vehicle without charge to the person and shall
seek reimbursement from the Indigent BAIID Fund.
    (o) The Indigent BAIID Fund is created as a special fund in
the State treasury. The Secretary of State shall, subject to
appropriation by the General Assembly, use all money in the
Indigent BAIID Fund to reimburse ignition interlock device
providers who have installed devices in vehicles of indigent
persons pursuant to court orders issued under this Section. The
Secretary shall make payments to such providers every 3 months.
If the amount of money in the fund at the time payments are
made is not sufficient to pay all requests for reimbursement
submitted during that 3 month period, the Secretary shall make
payments on a pro-rata basis, and those payments shall be
considered payment in full for the requests submitted.
    (p) The Monitoring Device Driving Permit Administration
Fee Fund is created as a special fund in the State treasury.
The Secretary of State shall, subject to appropriation by the
General Assembly, use the money paid into this fund to offset
its administrative costs for administering MDDPs.
(Source: P.A. 94-307, eff. 9-30-05; 94-357, eff. 1-1-06;
94-930, eff. 6-26-06; 95-400, eff. 1-1-09; 95-578, eff. 1-1-09;
revised 11-16-07.)
 
    Section 99. Effective date. This Act takes effect January
1, 2009.

Effective Date: 1/1/2009