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Public Act 095-0855
Public Act 0855 95TH GENERAL ASSEMBLY
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Public Act 095-0855 |
SB2295 Enrolled |
LRB095 15369 WGH 45387 b |
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| 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.
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Effective Date: 1/1/2009
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