(625 ILCS 5/5-901) Sec. 5-901. Regulation of manufactured home dealers. (a) As used in this Article: "Established place of business" means the place owned or leased and occupied by any person duly licensed or required to be licensed as a manufactured home dealer for the purpose of engaging in selling, buying, bartering, displaying, exchanging, or dealing in, on consignment or otherwise, manufactured homes and for such other ancillary purposes as may be permitted by the Secretary by rule. "Manufactured home" means a factory-assembled structure built on a permanent chassis, transportable in one or more sections in the travel mode, incapable of self-propulsion, bears a label indicating the manufacturer's compliance with the United States Department of Housing and Urban Development standards, as applicable, and is designed for year-round occupancy as a single-family residence when connected to approved water, sewer, and electrical utilities. "Manufactured home dealer" means: (1) an individual or entity that engages in the business of acquiring or disposing of new or used manufactured homes; (2) an individual or entity who advertises or otherwise holds the individual or the entity out as being engaged in the business of acquiring or selling new or used manufactured homes; or (3) an individual or entity who buys or sells more than 2 new or used manufactured homes within a 12-month period. (b) No person shall engage in this State in the business of selling or dealing in, on consignment or otherwise, manufactured homes of any make, or act as an intermediary, agent, or broker for any manufactured home purchaser, other than as a salesperson, or to represent or advertise that he or she is so engaged, or intends to so engage, in the business, unless licensed to do so by the Secretary of State under this Section. (c) An application for a manufactured home dealer's license shall be filed with the Secretary of State Vehicle Services Department and duly verified by oath, on such form as the Secretary of State may prescribe, and shall contain all of the following: (1) The name and type of business organization of the |
| applicant, and his or her established place of business in this State.
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(2) If the applicant is a corporation, a list of its
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| officers, directors, and shareholders having a 10% or greater ownership interest in the corporation. If the applicant is a sole proprietorship, a partnership, a limited liability company, an unincorporated association, a trust, or any similar form of business organization, the name and residence address of the proprietor, or the name and residence address of each partner, member, officer, director, trustee, or manager.
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(3) A statement that the applicant has been approved
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| for registration under the Retailers' Occupation Tax Act by the Department of Revenue, except that this requirement does not apply to a manufactured home dealer who is already licensed with the Secretary of State, and who is only applying for a renewal of his or her license. As evidence of this fact, the application shall be accompanied by a certification from the Department of Revenue showing that the Department has approved the applicant for registration under the Retailers' Occupation Tax Act.
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(4) An application for a manufactured home dealer's
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| license shall be accompanied by a $1,000 license fee for the applicant's established place of business. If the application is made after June 15 of any year, the license fee shall be $500 for the applicant's established place of business. License fees shall be returnable only if the application is denied by the Secretary of State.
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Of the money received by the Secretary of State as
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| license fees under this paragraph (4), 95% shall be deposited into the General Revenue Fund and 5% into the Motor Vehicle License Plate Fund.
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(5) A statement that no officer, director,
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| shareholder having a 10% or greater ownership interest, proprietor, partner, member, officer, director, trustee, manager, or other principal in the business of the applicant has committed in the past 3 years any violation, as determined in any civil, criminal, or administrative hearing proceeding, of any one of the following Acts:
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(A) the Anti-Theft Laws of this Code;
(B) the Certificate of Title Laws of this Code;
(C) the Offenses against Registration and
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| Certificates of Title Laws of this Code;
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(D) the Dealers, Transporters, Wreckers, and
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| Rebuilders Laws of this Code;
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(E) Section 21-2 of the Criminal Code of 2012,
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| criminal trespass to vehicles;
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(F) the Retailers' Occupation Tax Act;
(G) the Consumer Installment Loan Act;
(H) the Retail Installment Sales Act;
(I) the Interest Act;
(J) the Illinois Wage Assignment Act;
(K) Part 8 of Article XII of the Code of Civil
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(L) the Consumer Fraud and Deceptive Business
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(6) A bond or certificate of deposit in the amount of
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| $150,000 for each license holder applicant intending to act as a manufactured home dealer under this Section. The bond shall be for the term of the license for which application is made and shall expire not sooner than December 31st of the year for which the license was issued. The bond shall run to the People of the State of Illinois and to customers asserting financial claims against the dealer, with surety by a bonding or insurance company authorized to do business in this State. It shall be conditioned upon the proper transmittal of all title and registration fees and taxes (excluding taxes under the Retailers' Occupation Tax Act) accepted by the applicant as a manufactured home dealer, and the execution of all of the dealer's obligations to the customer, including financial duties related to the acceptance and disbursement of any funds paid to the dealer by the customer, and conveyance of possession or ownership documents of a manufactured home.
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(7) Dealers in business for over 10 years may
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| substitute a certificate of insurance in lieu of the bond or certificate of deposit upon renewing their license.
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(8) Any other information concerning the business of
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| the applicant as the Secretary of State may by rule prescribe.
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(d) Any change that renders no longer accurate any information contained in any application for a license under this Section shall be amended within 30 days after the occurrence of the change on a form the Secretary of State may prescribe, by rule, accompanied by an amendatory fee of $25.
(e) The Secretary of State shall, within a reasonable time after receipt, examine an application submitted under this Section, and unless the Secretary makes a determination that the application submitted does not conform with the requirements of this Section or that grounds exist for a denial of the application under subsection (f), grant the applicant an initial manufactured home dealer's license in writing for the established place of business of the applicant in a form the Secretary may prescribe by rule, which shall include the following:
(1) the name of the person or entity licensed;
(2) if a corporation, the name and address of its
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| officers; if a sole proprietorship, a partnership, an unincorporated association, or any similar form of business organization, the name and address of the proprietor, or the name and address of each partner, member, officer, director, trustee or manager; or if a limited liability company, the name and address of the general partner or partners, or managing member or members; and
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(3) the established place of business of the licensee.
(f) A license issued under this Section may be denied, revoked, or suspended if the Secretary of State finds that the applicant, or the officer, director, shareholder having a 10% or greater ownership interest in the corporation, owner, partner, trustee, manager, employee or the licensee has:
(1) violated this Section;
(2) made any material misrepresentation to the
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| Secretary of State in connection with an application for a license, title, or registration;
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(3) committed a fraudulent act in connection with
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| selling, bartering, exchanging, offering for sale, or otherwise dealing in manufactured homes;
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(4) not maintained an established place of business
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| as defined in this Section;
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(5) failed to file or produce to the Secretary of
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| State any application, report, document, or other pertinent books, records, documents, letters, contracts required to be filed or produced under this Section or any rule adopted by the Secretary of State pursuant to this Section;
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(6) failed to pay any fees or taxes due under this
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| Code, or has failed to transmit any fees or taxes received by him or her for transmittal by him or her to the Secretary of State or the State of Illinois;
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(7) failed to transfer title to a manufactured home
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| when legally required to do so; or
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(8) violated any of the following:
(A) the Anti-Theft Laws of this Code;
(B) the Certificate of Title Laws of this Code;
(C) the Offenses against Registration and
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| Certificates of Title Laws of this Code;
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(D) the Dealers, Transporters, Wreckers, and
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| Rebuilders Laws of this Code;
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(E) Section 21-2 of the Criminal Code of 2012,
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| criminal trespass to vehicles;
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(F) the Retailers' Occupation Tax Act;
(G) the Consumer Installment Loan Act;
(H) the Retail Installment Sales Act;
(I) the Interest Act;
(J) the Illinois Wage Assignment Act;
(K) Part 8 of Article XII of the Code of Civil
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(L) the Consumer Fraud and Deceptive Business
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(g) In addition to other grounds specified in this Section, the Secretary of State, on complaint of the Department of Revenue, shall refuse the issuance or renewal of a license, or suspend or revoke such a license, for any of the following violations of the Retailers' Occupation Tax Act, the tax imposed on corporations under subsection (b) of Section 201 of the Illinois Income Tax Act, the Personal Property Tax Replacement Income Tax imposed under subsections (c) and (d) of Section 201 of the Illinois Income Tax Act, or the tax imposed under Section 704A of the Illinois Income Tax Act:
(1) failure to make a tax return;
(2) the filing of a fraudulent return;
(3) failure to pay all or part of any tax or penalty
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| finally determined to be due;
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(4) failure to comply with the bonding requirements
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| of the Retailers' Occupation Tax Act.
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(h) A license issued under this Section may be canceled by the Secretary of State prior to its expiration in any of the following situations:
(1) if a license is voluntarily surrendered by the
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(2) if the business enterprise is a sole
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| proprietorship and the sole proprietor dies or is imprisoned for any period exceeding 30 days; or
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(3) if the license was issued to the wrong person or
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| corporation or contains an error on its face.
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If any person whose license has been canceled wishes to apply for another license, whether during the same license year or any other year, that person shall be treated as a new applicant and the cancellation of the person's prior license shall not, in and of itself, be a bar to the issuance of a new license.
(i) A license issued under this Section may be canceled without a hearing if the Secretary of State is notified that the applicant, or any officer, director, shareholder having a 10% or greater ownership interest, owner, partner, trustee, manager, employee, or member of the applicant or the licensee has been convicted of any forcible felony or any felony involving the selling, bartering, exchanging, offering for sale, or otherwise dealing in ownership documents relating to any of the above actions.
(j) The appropriate instrument evidencing the license or a certified copy of the instrument, provided by the Secretary of State, shall be kept posted conspicuously in the established place of business of the licensee.
(k) All records related to the purchase, sale, or acceptance for sale on consignment of any manufactured home shall be maintained at the licensee's established place of business. These records shall be retained for a period of not less than 7 years, and shall be made available for inspection upon the request of a Secretary of State auditor or an investigator with the Secretary of State Department of Police.
(l) Except as provided in subsection (i), all licenses granted under this Section shall expire by operation of law on December 31st of the calendar year for which the licenses were granted, unless sooner revoked or canceled under subsection (f).
(m) Each person licensed as a manufactured home dealer is required to furnish each purchaser of a manufactured home:
(1) in the case of a new manufactured home, a
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| manufacturer's statement of origin, and in the case of a previously owned manufactured home, a certificate of title, in either case properly assigned to the purchaser;
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(2) a statement verified under oath that all
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| identifying numbers on the vehicle match the identifying numbers on the certificate of title or manufacturer's statement of origin;
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(3) a bill of sale properly executed on behalf of the
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(4) for a new manufactured home, a warranty, and in
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| the case of a manufactured home for which the warranty has been reinstated, a copy of the warranty; if no warranty is provided, a disclosure or statement that the manufactured home is being sold "AS IS".
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(n) This Section does not apply to a seller who privately owns his or her manufactured home as his or her main residence and is selling the manufactured home to another individual or to a licensee so long as that individual does not sell more than 2 manufactured homes in one 12-month period.
(o) This Section does not apply to any person licensed under the Real Estate License Act of 2000.
(p) The Secretary of State may adopt any rules necessary to implement this Section.
(q) Any individual or entity licensed as a manufactured home dealer or a community-based manufactured home dealer on the effective date of this Section shall be entitled to act as a manufactured home dealer under this Section for the duration of any license in effect on the effective date of this amendatory Act of the 102nd General Assembly, and shall be eligible to be issued a manufactured home dealer's license under this Section upon the expiration of any such license.
(Source: P.A. 102-941, eff. 7-1-22.)
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(625 ILCS 5/6-102) (from Ch. 95 1/2, par. 6-102)
Sec. 6-102. What persons are exempt. The following persons are exempt
from the requirements of Section 6-101 and are not required to have an
Illinois drivers license or permit if one or more of the following
qualifying exemptions are met and apply:
1. Any employee of the United States Government or |
| any member of the Armed Forces of the United States, while operating a motor vehicle owned by or leased to the United States Government and being operated on official business need not be licensed;
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2. A nonresident who has in his immediate possession
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| a valid license issued to him in his home state or country may operate a motor vehicle for which he is licensed for the period during which he is in this State;
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3. A nonresident and his spouse and children living
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| with him who is a student at a college or university in Illinois who have a valid license issued by their home State.
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4. A person operating a road machine temporarily upon
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| a highway or operating a farm tractor between the home farm buildings and any adjacent or nearby farm land for the exclusive purpose of conducting farm operations need not be licensed as a driver.
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5. A resident of this State who has been serving as a
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| member or as a civilian employee of the Armed Forces of the United States, or as a civilian employee of the United States Department of Defense, outside the Continental limits of the United States, for a period of 120 days following his return to the continental limits of the United States.
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6. A nonresident on active duty in the Armed Forces
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| of the United States who has a valid license issued by his home state and such nonresident's spouse, and dependent children and living with parents, who have a valid license issued by their home state.
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7. A nonresident who becomes a resident of this
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| State, may for a period of the first 90 days of residence in Illinois operate any motor vehicle which he was qualified or licensed to drive by his home state or country so long as he has in his possession, a valid and current license issued to him by his home state or country. Upon expiration of such 90 day period, such new resident must comply with the provisions of this Act and apply for an Illinois license or permit.
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8. An engineer, conductor, brakeman, or any other
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| member of the crew of a locomotive or train being operated upon rails, including operation on a railroad crossing over a public street, road or highway. Such person is not required to display a driver's license to any law enforcement officer in connection with the operation of a locomotive or train within this State.
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The provisions of this Section granting exemption to any nonresident
shall be operative to the same extent that the laws of the State or country
of such nonresident grant like exemption to residents of this State.
The Secretary of State may implement the exemption provisions of this
Section by inclusion thereof in a reciprocity agreement, arrangement or
declaration issued pursuant to this Act.
(Source: P.A. 99-118, eff. 1-1-16 .)
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(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
Sec. 6-103. What persons shall not be licensed as drivers or granted
permits. The Secretary of State shall not issue, renew, or
allow the retention of any driver's
license nor issue any permit under this Code:
1. To any person, as a driver, who is under the age |
| of 18 years except as provided in Section 6-107, and except that an instruction permit may be issued under Section 6-107.1 to a child who is not less than 15 years of age if the child is enrolled in an approved driver education course as defined in Section 1-103 of this Code and requires an instruction permit to participate therein, except that an instruction permit may be issued under the provisions of Section 6-107.1 to a child who is 17 years and 3 months of age without the child having enrolled in an approved driver education course and except that an instruction permit may be issued to a child who is at least 15 years and 3 months of age, is enrolled in school, meets the educational requirements of the Driver Education Act, and has passed examinations the Secretary of State in his or her discretion may prescribe;
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1.5. To any person at least 18 years of age but less
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| than 21 years of age unless the person has, in addition to any other requirements of this Code, successfully completed an adult driver education course as provided in Section 6-107.5 of this Code;
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2. To any person who is under the age of 18 as an
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| operator of a motorcycle other than a motor driven cycle unless the person has, in addition to meeting the provisions of Section 6-107 of this Code, successfully completed a motorcycle training course approved by the Illinois Department of Transportation;
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3. To any person, as a driver, whose driver's license
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| or permit has been suspended, during the suspension, nor to any person whose driver's license or permit has been revoked, except as provided in Sections 6-205, 6-206, and 6-208;
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4. To any person, as a driver, who is a user of
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| alcohol or any other drug to a degree that renders the person incapable of safely driving a motor vehicle;
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5. To any person, as a driver, who has previously
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| been adjudged to be afflicted with or suffering from any mental or physical disability or disease and who has not at the time of application been restored to competency by the methods provided by law;
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6. To any person, as a driver, who is required by the
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| Secretary of State to submit an alcohol and drug evaluation or take an examination provided for in this Code unless the person has successfully passed the examination and submitted any required evaluation;
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7. To any person who is required under the provisions
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| of the laws of this State to deposit security or proof of financial responsibility and who has not deposited the security or proof;
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8. To any person when the Secretary of State has good
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| cause to believe that the person by reason of physical or mental disability would not be able to safely operate a motor vehicle upon the highways, unless the person shall furnish to the Secretary of State a verified written statement, acceptable to the Secretary of State, from a competent medical specialist, a licensed physician assistant, or a licensed advanced practice registered nurse, to the effect that the operation of a motor vehicle by the person would not be inimical to the public safety;
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9. To any person, as a driver, who is 69 years of age
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| or older, unless the person has successfully complied with the provisions of Section 6-109;
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10. To any person convicted, within 12 months of
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| application for a license, of any of the sexual offenses enumerated in paragraph 2 of subsection (b) of Section 6-205;
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11. To any person who is under the age of 21 years
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| with a classification prohibited in paragraph (b) of Section 6-104 and to any person who is under the age of 18 years with a classification prohibited in paragraph (c) of Section 6-104;
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12. To any person who has been either convicted of or
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| adjudicated under the Juvenile Court Act of 1987 based upon a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act while that person was in actual physical control of a motor vehicle. For purposes of this Section, any person placed on probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act shall not be considered convicted. Any person found guilty of this offense, while in actual physical control of a motor vehicle, shall have an entry made in the court record by the judge that this offense did occur while the person was in actual physical control of a motor vehicle and order the clerk of the court to report the violation to the Secretary of State as such. The Secretary of State shall not issue a new license or permit for a period of one year;
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13. To any person who is under the age of 18 years
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| and who has committed the offense of operating a motor vehicle without a valid license or permit in violation of Section 6-101 or a similar out of state offense;
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14. To any person who is 90 days or more delinquent
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| in court ordered child support payments or has been adjudicated in arrears in an amount equal to 90 days' obligation or more and who has been found in contempt of court for failure to pay the support, subject to the requirements and procedures of Article VII of Chapter 7 of the Illinois Vehicle Code;
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14.5. To any person certified by the Illinois
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| Department of Healthcare and Family Services as being 90 days or more delinquent in payment of support under an order of support entered by a court or administrative body of this or any other State, subject to the requirements and procedures of Article VII of Chapter 7 of this Code regarding those certifications;
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15. To any person released from a term of
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| imprisonment for violating Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar provision of a law of another state relating to reckless homicide or for violating subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code relating to aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, if the violation was the proximate cause of a death, within 24 months of release from a term of imprisonment;
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16. To any person who, with intent to influence any
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| act related to the issuance of any driver's license or permit, by an employee of the Secretary of State's Office, or the owner or employee of any commercial driver training school licensed by the Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, promises or tenders to that person any property or personal advantage which that person is not authorized by law to accept. Any persons promising or tendering such property or personal advantage shall be disqualified from holding any class of driver's license or permit for 120 consecutive days. The Secretary of State shall establish by rule the procedures for implementing this period of disqualification and the procedures by which persons so disqualified may obtain administrative review of the decision to disqualify;
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17. To any person for whom the Secretary of State
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| cannot verify the accuracy of any information or documentation submitted in application for a driver's license;
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18. To any person who has been adjudicated under the
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| Juvenile Court Act of 1987 based upon an offense that is determined by the court to have been committed in furtherance of the criminal activities of an organized gang, as provided in Section 5-710 of that Act, and that involved the operation or use of a motor vehicle or the use of a driver's license or permit. The person shall be denied a license or permit for the period determined by the court; or
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19. To any person who holds a REAL ID compliant
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| identification card or REAL ID compliant Person with a Disability Identification Card issued under the Illinois Identification Card Act. Any such person may, at his or her discretion, surrender the REAL ID compliant identification card or REAL ID compliant Person with a Disability Identification Card in order to become eligible to obtain a REAL ID compliant driver's license.
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The Secretary of State shall retain all conviction
information, if the information is required to be held confidential under
the Juvenile Court Act of 1987.
(Source: P.A. 103-162, eff. 1-1-24 .)
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