HB2026 95TH GENERAL ASSEMBLY

LRB095 09511 DRH 29710 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB2026

Introduced 2/26/2007, by Rep. Kevin A. McCarthy

SYNOPSIS AS INTRODUCED:

625 ILCS 5/7-310

from Ch. 95 1/2, par. 7-310

Amends the Illinois Vehicle Code. Provides that, if the driver's license of a person who has petitioned for a discharge in bankruptcy remains suspended because of a debt to a governmental agency in an amount of $2,400 or more, the Secretary of State may issue the person a restricted driving permit if (i) the person is engaged in a payment plan determined by the Secretary and (ii) the terms of the payment plan call for repayment of the entire debt within a period not longer than 36 months. Provides that the Secretary shall cancel the restricted driving permit if the person fails to follow the terms of the payment plan.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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, 7-205, and 7-310 as follows:

(625 ILCS 5/7-310) (from Ch. 95 1/2, par. 7-310)

Sec. 7-310. Petition for discharge filed in bankruptcy.

(a) A petition for discharge filed in bankruptcy following the rendering of any judgment shall relieve the judgment debtor from the requirements of this Chapter 7, except that the judgment debtor's drivers license shall remain suspended and may not be renewed, and the judgment debtor may not be issued a license or registration, until the judgment debtor gives proof of his or her financial responsibility in the future, as provided in Section 1-164.5. The proof is to be maintained by the judgment debtor, in a manner satisfactory to the Secretary of State, for a period of 3 years after the date on which the proof is first filed.

(b) A petition for discharge filed in bankruptcy of the owner or lessee of a commercial vehicle by whom the judgment debtor is employed at the time of the motor vehicle accident that gives rise to the judgment also shall relieve the judgment debtor so employed from any of the requirements of this Chapter 7 if the discharge of the owner or lessee follows the rendering of the judgment and if the judgment debtor so employed was operating the commercial vehicle in connection with his regular employment or occupation at the time of the accident. This amendatory act of 1985 applies to all cases irrespective of whether the accident giving rise to the suspension of license or registration occurred before, on, or after its effective date.

(c) If a person's driver's license remains suspended as provided in subsection (a) because of a debt to a governmental agency in an amount of $2,400 or more, the Secretary of State may issue the person a restricted driving permit if (i) the person is engaged in a payment plan determined by the Secretary and (ii) the terms of the payment plan call for repayment of the entire debt within a period not longer than 36 months. The Secretary shall cancel the restricted driving permit if the person fails to follow the terms of the payment plan.

(Source: P.A. 93-982, eff. 1-1-05.)