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|[ Introduced ]||[ Engrossed ]||[ Enrolled ]|
|[ House Amendment 002 ]||[ Senate Amendment 001 ]|
90_HB2306ham001 LRB9006295NTcdam02 1 AMENDMENT TO HOUSE BILL 2306 2 AMENDMENT NO. . Amend House Bill 2306 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Illinois Vehicle Code is amended by 5 changing Sections 6-118 and 6-208 as follows: 6 (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118) 7 Sec. 6-118. Fees. 8 (a) The fee for licenses and permits under this Article 9 is as follows: 10 Original driver's license.............................$10 11 Original or renewal driver's license 12 issued to 18, 19 and 20 year olds..................5 13 All driver's licenses for persons 14 age 69 through age 80..............................5 15 All driver's licenses for persons 16 age 81 through age 86............................1
217 All driver's licenses for persons 18 age 87 or older....................................0 19 Renewal driver's license (except for 20 applicants ages 18, 19 and 20 or 21 age 69 and older).................................10 22 Original instruction permit issued to -2- LRB9006295NTcdam02 1 persons (except those age 69 and older) 2 who do not hold or have not previously 3 held an Illinois instruction permit or 4 driver's license..................................20 5 Instruction permit issued to any person 6 holding an Illinois driver's license 7 who wishes a change in classifications, 8 other than at the time of renewal..................5 9 Any instruction permit issued to a person 10 age 69 and older...................................5 11 Instruction permit issued to any person, 12 under age 69, not currently holding a 13 valid Illinois driver's license or 14 instruction permit but who has 15 previously been issued either document 16 in Illinois.......................................10 17 Restricted driving permit...............................8 18 Duplicate or corrected driver's license 19 or permit..........................................5 20 Duplicate or corrected restricted 21 driving permit.....................................5 22 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE 23 The fees for commercial driver licenses and permits 24 under Article V shall be as follows: 25 Commercial driver's license: 26 $6 for the CDLIS/AAMVAnet Fund 27 (Commercial Driver's License Information 28 System/American Association of Motor Vehicle 29 Administrators network Trust Fund); 30 $10 for the driver's license; 31 and $24 for the CDL:.............................$40 32 Renewal commercial driver's license: 33 $6 for the CDLIS/AAMVAnet Trust Fund; 34 $10 for the driver's license; and -3- LRB9006295NTcdam02 1 $24 for the CDL:.................................$40 2 Commercial driver instruction permit 3 issued to any person holding a valid 4 Illinois driver's license for the 5 purpose of changing to a 6 CDL classification: $6 for the 7 CDLIS/AAMVAnet Trust Fund; and 8 $24 for the CDL classification...................$30 9 Commercial driver instruction permit 10 issued to any person holding a valid 11 Illinois CDL for the purpose of 12 making a change in a classification, 13 endorsement or restriction........................$5 14 CDL duplicate or corrected license.....................$5 15 In order to ensure the proper implementation of the 16 Uniform Commercial Driver License Act, Article V of this 17 Chapter, the Secretary of State is empowered to pro-rate the 18 $24 fee for the commercial driver's license proportionate to 19 the expiration date of the applicant's Illinois driver's 20 license. 21 The fee for any duplicate license or permit shall be 22 waived for any person age 60 or older who presents the 23 Secretary of State's office with a police report showing that 24 his license or permit was stolen. 25 No additional fee shall be charged for a driver's 26 license, or for a commercial driver's license, when issued to 27 the holder of an instruction permit for the same 28 classification or type of license who becomes eligible for 29 such license. 30 (b) Any person whose license or privilege to operate a 31 motor vehicle in this State has been suspended or revoked 32 under any provision of Chapter 6, Chapter 11, or Section 33 7-702 of the Family Financial Responsibility Law of this 34 Code, shall in addition to any other fees required by this -4- LRB9006295NTcdam02 1 Code, pay a reinstatement fee as follows: 2 Summary suspension under Section 11-501.1.............$60 3 Other suspension......................................$30 4 Revocation............................................$60 5 However, any person whose license or privilege to operate 6 a motor vehicle in this State has been suspended or revoked 7 for a second or subsequent time shall, in addition to any 8 other fees required by this Code, pay a reinstatement fee as 9 follows: 10 Summary suspension under Section 11-501.1............$250 11 Other suspension.....................................$100 12 Revocation...........................................$250 13 (c) All fees collected under the provisions of this 14 Chapter 6 shall be paid into the Road Fund in the State 15 Treasury except as follows: 16 1. The following amounts shall be paid into the 17 Driver Education Fund: 18 (A) $16 of the $20 fee for an original 19 driver's instruction permit; 20 (B) $5 of the $10 fee for an original driver's 21 license; 22 (C) $5 of the $10 fee for a 4 year renewal 23 driver's license; and 24 (D) $4 of the $8 fee for a restricted driving 25 permit. 26 2. $30 of the $60 fee for reinstatement of a license 27 summarily suspended under Section 11-501.1 shall be 28 deposited into the Drunk and Drugged Driving Prevention 29 Fund. However, for a person whose license or privilege 30 to operate a motor vehicle in this State has been 31 suspended or revoked for a second or subsequent time, 32 $190 of the $250 fee for reinstatement of a license 33 summarily suspended under Section 11-501.1, $70 of the 34 $100 fee for reinstatement of a license otherwise -5- LRB9006295NTcdam02 1 suspended, and $190 of the $250 fee for reinstatement of 2 a revoked license shall be deposited into the Drunk and 3 Drugged Driving Prevention Fund. 4 3. $6 of such original or renewal fee for a 5 commercial driver's license and $6 of the commercial 6 driver instruction permit fee when such permit is issued 7 to any person holding a valid Illinois driver's license, 8 shall be paid into the CDLIS/AAMVAnet Trust Fund. 9 4. The $30fee for reinstatement of a license 10 suspended under the Family Financial Responsibility Law 11 shall be paid into the Family Responsibility Fund. 12 (Source: P.A. 89-92, eff. 7-1-96.) 13 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208) 14 Sec. 6-208. Period of Suspension - Application After 15 Revocation. 16 (a) Except as otherwise provided by this Code or any 17 other law of this State, the Secretary of State shall not 18 suspend a driver's license, permit or privilege to drive a 19 motor vehicle on the highways for a period of more than one 20 year. 21 (b) Any person whose license, permit or privilege to 22 drive a motor vehicle on the highways has been revoked shall 23 not be entitled to have such license, permit or privilege 24 renewed or restored. However, such person may, except as 25 provided under subsection (d) of Section 6-205, make 26 application for a license pursuant to Section 6-106 if the 27 revocation was for a cause which has been removed or: 28 1. Except as provided in subparagraphs 2, and3, 29 and 4, after the expiration of one year from the 30 effective date of the revocation or, in the case of a 31 violation of paragraph (b) of Section 11-401 of this Code 32 or a similar provision of a local ordinance, after the 33 expiration of 3 years from the effective date of the -6- LRB9006295NTcdam02 1 revocation or, in the case of a violation of Section 9-3 2 of the Criminal Code of 1961 relating to the offense of 3 reckless homicide, after the expiration of 2 years from 4 the effective date of the revocation; or 5 2. If such person is convicted of committing a 6 second violation within a 20 year period of: 7 - Section 11-501 of this Code, or a similar 8 provision of a local ordinance; or 9 - Paragraph (b) of Section 11-401 of this Code, 10 or a similar provision of a local ordinance; or 11 - Section 9-3 of the Criminal Code of 1961, as 12 amended, relating to the offense of reckless 13 homicide; or 14 - any combination of the above offenses 15 committed at different instances; 16 then such person may not make application for a license 17 until after the expiration of 5 years from the effective 18 date of the most recent revocation. The 20 year period 19 shall be computed by using the dates the offenses were 20 committed and shall also include similar out-of-state 21 offenses. 22 3. However, except as provided in subparagraph 4, 23 if such person is convicted of committing a third, or 24 subsequent, violation or any combination of the above 25 offenses, including similar out-of-state offenses, 26 contained in subparagraph 2, then such person may not 27 make application for a license until after the expiration 28 of 10 years from the effective date of the most recent 29 revocation. 30 4. The person may not make application for a 31 license if the person is convicted of committing a fourth 32 or subsequent violation of Section 11-501 of this Code, 33 or a similar provision of a local ordinance, or Section 34 6-303, if the original revocation or suspension was for a -7- LRB9006295NTcdam02 1 violation of Section 11-501 of this Code or a similar 2 provision of a local ordinance. 3 Notwithstanding any other provision of this Code, all 4 persons referred to in this paragraph (b) may not have their 5 privileges restored until the Secretary receives payment of 6 the required reinstatement fee pursuant to subsection (b) of 7 Section 6-118. 8 In no event shall the Secretary issue such license unless 9 and until such person has had a hearing pursuant to this Code 10 and the appropriate administrative rules and the Secretary is 11 satisfied, after a review or investigation of such person, 12 that to grant the privilege of driving a motor vehicle on the 13 highways will not endanger the public safety or welfare. 14 (Source: P.A. 89-156, eff. 1-1-96; 90-543, eff. 12-1-97.) 15 Section 10. The Criminal Code of 1961 is amended by 16 changing Section 36-1 as follows: 17 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1) 18 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft 19 used with the knowledge and consent of the owner in the 20 commission of, or in the attempt to commit as defined in 21 Section 8-4 of this Code, an offense prohibited by (a) 22 Section 9-1, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 23 12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2, 19-3, 20-1, 24 20-2, 24-1.2, 24-1.5, or 28-1 of this Code, or paragraph (a) 25 of Section 12-15 or paragraphs (a), (c) or (d) of Section 26 12-16 of this Code; (b) Section 21, 22, 23, 24 or 26 of the 27 Cigarette Tax Act if the vessel, vehicle or aircraft contains 28 more than 10 cartons of such cigarettes; (c) Section 28, 29 29 or 30 of the Cigarette Use Tax Act if the vessel, vehicle or 30 aircraft contains more than 10 cartons of such cigarettes; 31 (d) Section 44 of the Environmental Protection Act; or (e) 32 11-204.1 of the Illinois Vehicle Code; may be seized and -8- LRB9006295NTcdam02 1 delivered forthwith to the sheriff of the county of seizure. 2 Any vehicle used with the knowledge and consent of the 3 owner in the commission of a second or subsequent violation 4 of Section 11-501 of the Illinois Vehicle Code, or a similar 5 provision of a local ordinance, or Section 6-303 of the 6 Illinois Vehicle Code, if the original revocation or 7 suspension was for a violation of Section 11-501 of the 8 Illinois Vehicle Code or a similar provision of a local 9 ordinance, may be seized and delivered forthwith to the 10 sheriff of the county of seizure if the owner knows (i) that 11 the vehicle is being used in the commission of a violation of 12 Section 11-501 of the Illinois Vehicle Code, or a similar 13 provision of a local ordinance, or Section 6-303 of the 14 Illinois Vehicle Code and (ii) that the vehicle may be seized 15 for being used in the commission of a second or subsequent 16 violation of Section 11-501 of the Illinois Vehicle Code, or 17 a similar provision of a local ordinance, or Section 6-303 of 18 the Illinois Vehicle Code, if the original revocation or 19 suspension was for a violation of Section 11-501 of the 20 Illinois Vehicle Code or a similar provision of a local 21 ordinance. 22 Within 15 days after the suchdelivery the sheriff shall 23 give notice of seizure to each person according to the 24 following method: Upon each such person whose right, title or 25 interest is of record in the office of the Secretary of 26 State, the Secretary of Transportation, the Administrator of 27 the Federal Aviation Agency, or any other Department of this 28 State, or any other state of the United States if such 29 vessel, vehicle or aircraft is required to be so registered, 30 as the case may be, by mailing a copy of the notice by 31 certified mail to the address as given upon the records of 32 the Secretary of State, the Department of Aeronautics, 33 Department of Public Works and Buildings or any other 34 Department of this State or the United States if such vessel, -9- LRB9006295NTcdam02 1 vehicle or aircraft is required to be so registered. Within 2 that 15 day period the sheriff shall also notify the State's 3 Attorney of the county of seizure about the seizure. 4 In addition, any mobile or portable equipment used in the 5 commission of an act which is in violation of Section 7g of 6 the Metropolitan Water Reclamation District Act shall be 7 subject to seizure and forfeiture under the same procedures 8 provided in this Article for the seizure and forfeiture of 9 vessels, vehicles and aircraft, and any such equipment shall 10 be deemed a vessel, vehicle or aircraft for purposes of this 11 Article. 12 When a person discharges a firearm at another individual 13 from a vehicle with the knowledge and consent of the owner of 14 the vehicle and with the intent to cause death or great 15 bodily harm to that individual and as a result causes death 16 or great bodily harm to that individual, the vehicle shall be 17 subject to seizure and forfeiture under the same procedures 18 provided in this Article for the seizure and forfeiture of 19 vehicles used in violations of clauses (a), (b), (c), or (d) 20 of this Section. 21 (Source: P.A. 90-134, eff. 7-22-97; 90-216, eff. 1-1-98; 22 revised 10-15-97.)".
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