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|[ Introduced ]||[ Engrossed ]||[ House Amendment 001 ]|
|[ House Amendment 002 ]|
90_SB0954enr 625 ILCS 5/6-514 from Ch. 95 1/2, par. 6-514 Amends the Illinois Vehicle Code to provide that if a person whose disqualification from driving a commercial vehicle for life was reduced is subsequently convicted of another disqualifying offense, he or she is permanently disqualified for life. Effective January 1, 1998. LRB9003304NTsb SB954 Enrolled LRB9003304NTsb 1 AN ACT concerning the Secretary of State, amending named 2 Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 3. The Secretary of State Merit Employment Code 6 is amended by changing Sections 3, 4, 6a, 7, 7a, 7b, 7c, and 7 8c as follows: 8 (15 ILCS 310/3) (from Ch. 124, par. 103) 9 Sec. 3. Definitions. For the purpose of this Act, unless 10 the context indicates otherwise, the following words shall 11 have the meanings ascribed to them as follows: 12
"Board". The Merit Advisory Board created by this Act.13 "Commission". The Merit Commission created by this Act. 14 "Department". Department of Personnel-Secretary of State. 15 "Director". Director of the Department of 16 Personnel-Secretary of State. 17 (Source: P.A. 80-13.) 18 (15 ILCS 310/4) (from Ch. 124, par. 104) 19 Sec. 4. Organization. There is created in the Office of 20 the Secretary of State: 21 (a) a Department of Personnel, headed by a Director, 22 which shall be a division of the Office of the Secretary of 23 State with primary responsibility for personnel transactions; 24 and 25 (b) a Merit Advisory Board; and26 (b) (c)a Merit Commission. 27 (Source: P.A. 80-13.) 28 (15 ILCS 310/6a) (from Ch. 124, par. 106a) 29 Sec. 6a. Director - powers and duties. The Director SB954 Enrolled -2- LRB9003304NTsb 1 shall have the following duties and responsibilities: 2 (1) To apply and carry out this law and the rules 3 adopted hereunder. 4 (2) To attend meetings of the Commission and when5 requested, of the Merit Advisory Board. 6 (3) To establish and maintain a roster of all employees 7 subject to this Act, in which there shall be set forth, as to 8 each employee, the class, title, pay status, and other 9 pertinent data. 10 (4) Subject to such exemptions or modifications as may 11 be necessary to assure the continuity of federal 12 contributions for positions paid from federal funds, to make 13 appointments to vacancies; to approve all written charges 14 seeking discharge, demotion, or other disciplinary measures 15 provided in this Act and to approve transfers of employees 16 from one geographical area to another in the State. 17 (5) To formulate and administer service wide policies 18 and programs for the improvement of employee effectiveness, 19 including training, safety, health, incentive recognition, 20 counseling, welfare and employee relations. 21 (6) To conduct negotiations affecting pay, hours of 22 work, or other working conditions of employees subject to 23 this Act. 24 (7) To investigate from time to time the operation and 25 effect of this law and the rules made thereunder and to 26 report his or her findings and recommendations to the27 Advisory Board,the Commission and the Secretary of State. 28 (8) To make such reports as he may consider desirable ,29 to the Advisory Board,the Commission and the Secretary of 30 State, or as the Secretary of State or ,Commission or31 Advisory Boardmay request. 32 (9) To enter into agreements with professional or 33 educational organizations or the Illinois State Department of 34 Central Management Services for the purpose of obtaining SB954 Enrolled -3- LRB9003304NTsb 1 professional or technical assistance in the administration of 2 this Act. 3 (10) To perform any other lawful acts necessary or 4 desirable to carry out the purposes and provisions of this 5 law. 6 (Source: P.A. 82-789.) 7 (15 ILCS 310/7) (from Ch. 124, par. 107) 8 Sec. 7. Merit Advisory Board. There shall be a Merit 9 Advisory Board to the Department of Personnel of 5 members, 10 to be appointed by the Secretary of State, who are proficient 11 in the field of personnel administration as a result of 12 training or experience. Not more than 3 members may be 13 affiliated with the same political party. 14 This Section is repealed on July 1, 1997. 15 (Source: P.A. 80-13.) 16 (15 ILCS 310/7a) (from Ch. 124, par. 107a) 17 Sec. 7a. Terms - compensation. Members of the Merit 18 Advisory Board shall initially be appointed as follows: 19 (1) Two members to serve until the 3rd Monday of 20 January, 1979, and until their respective successors are 21 appointed; and 22 (2) Three members to serve until the 3rd Monday of 23 January, 1981, and until their respective successors are 24 appointed. 25 As terms of members so appointed expire, their successors 26 shall be appointed for terms to expire the 3rd Monday in 27 January 4 years thereafter, or until their respective 28 successors are appointed. 29 One member of the Board shall be appointed a chairman by 30 the Secretary of State for a two-year term. The Secretary of 31 State may appoint the chairman for consecutive terms. 32 The Secretary of State may fill vacancies on the Board. SB954 Enrolled -4- LRB9003304NTsb 1 Members of the Board shall receive no compensation for 2 their services, but shall be reimbursed for necessary 3 traveling and other official expenses. 4 This Section is repealed on July 1, 1997. 5 (Source: P.A. 80-13.) 6 (15 ILCS 310/7b) (from Ch. 124, par. 107b) 7 Sec. 7b. Meetings. Meetings of the Merit Advisory Board 8 shall be held at least 4 times a year on call of the 9 chairman, or upon call signed by any 3 members, or upon call 10 by the Director of Personnel. Three members of the Board 11 constitute a quorum. 12 This Section is repealed on July 1, 1997. 13 (Source: P.A. 80-13.) 14 (15 ILCS 310/7c) (from Ch. 124, par. 107c) 15 Sec. 7c. Powers. In addition to the duties imposed 16 elsewhere in this Act, the Merit Commission Advisory Board17 may: 18 (1) advise the Secretary of State and the Director of 19 Personnel on problems concerning personnel administration. 20 (2) Obtain from the Director of the Department of 21 Personnel and from the Merit Commission such reports as it 22 may consider desirable. 23 (3) Foster the interest of institutions of learning and 24 of industrial, civic, professional and employee organizations 25 in the improvement of personnel standards in the Office of 26 the Secretary of State. 27 (Source: P.A. 80-13.) 28 (15 ILCS 310/8c) (from Ch. 124, par. 108c) 29 Sec. 8c. Duties and powers of the Commission. The Merit 30 Commission, in addition to any other duties prescribed in 31 this Act, shall have the following duties and powers: SB954 Enrolled -5- LRB9003304NTsb 1 (1) Upon written recommendations by the Director of 2 Personnel, to exempt from jurisdiction B of this Act 3 positions which, in the judgment of the Commission, are by 4 their nature highly confidential or involve principal 5 administrative responsibility for the determination of policy 6 or principal administrative responsibility for the way in 7 which policies are carried out. No position which has the 8 powers of a law enforcement officer, except executive 9 security officers, may be exempted under this section. 10 (2) To require such special reports from the Director as 11 it may consider desirable. 12 (3) To disapprove original rules or any part thereof and 13 any amendment thereof within 30 calendar days after the 14 submission of such rules to the Merit Commission by the 15 Director. 16 (4) To disapprove within 30 calendar days from date of 17 submission the position classification plan and any revisions 18 thereof submitted by the Director as provided in the rules. 19 (5) To hear appeals of employees who do not accept the 20 allocation of their positions under the classification plan. 21 (6) To hear and approve or disapprove written charges 22 filed seeking the discharge or demotion of employees or 23 suspension totaling more than 30 calendar days in any 12 24 month period, as provided in Section 9, appeals as provided 25 in Section 9a of this Act, and appeals from transfers from 26 one geographical area in the state to another, and in 27 connection therewith to administer oaths, subpoena witnesses 28 and compel the production of books and papers. 29 (7) (Blank). To furnish reports requested by the Merit30 Advisory Board.31 (8) To make an annual report regarding the work of the 32 Commission to the Secretary of State, such report to be a 33 public record. 34 (9) If any violation of this Act is found, the SB954 Enrolled -6- LRB9003304NTsb 1 Commission shall direct compliance in writing. 2 (10) To appoint such employees, experts and special 3 assistants as may be necessary to carry out the powers and 4 duties of the commission under this Act. Employees, experts 5 and special assistants so appointed by the Commission shall 6 be subject to jurisdictions A, B and C of this Act. 7 (11) To promulgate rules and regulations necessary to 8 carry out and implement their powers and duties under this 9 Act, with authority to amend such rules from time to time 10 pursuant to The Illinois Administrative Procedure Act. 11 (12) Within one year of the effective date of this 12 amendatory Act of 1985, the Commission shall adopt rules and 13 regulations which shall include all Commission policies 14 implementing its duties under Sections 8, 9, 10 and 15 of 15 this Act. These rules and regulations shall include, but not 16 be limited to, the standards and criteria used by the 17 Commission and Hearing Officers in making discretionary 18 determinations during hearing procedures. 19 (13) To hear or conduct investigations as it deems 20 necessary of appeals of layoff filed by employees appointed 21 under Jurisdiction B after examination, provided that such 22 appeals are filed within 15 calendar days following the 23 effective date of such layoff and are made on the basis that 24 the provisions of the Secretary of State Merit Employment 25 Code or the rules promulgated thereunder have been violated 26 or have not been complied with. All hearings shall be public. 27 A decision shall be rendered within 60 days after receipt of 28 the transcript of the proceedings. The Commission shall 29 order the reinstatement of the employee if it is proven that 30 the provisions of the Secretary of State Merit Employment 31 Code or the rules promulgated thereunder have been violated 32 or have not been complied with. In connection therewith the 33 Commission may administer oaths, subpoena witnesses, and 34 compel the production of books and papers. SB954 Enrolled -7- LRB9003304NTsb 1 (Source: P.A. 84-793.) 2 Section 5. The Illinois Vehicle Code is amended by 3 changing Sections 3-104 and 6-514 as follows: 4 (625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104) 5 Sec. 3-104. Application for certificate of title. 6 (a) The application for a certificate of title for a 7 vehicle in this State must be made by the owner to the 8 Secretary of State on the form prescribed and must contain: 9 1. The name, residence and mail address of the 10 owner; 11 2. A description of the vehicle including, so far 12 as the following data exists: Its make, year-model, 13 identifying number, type of body, whether new or used, as 14 to house trailers as defined in Section 1-128 of this 15 Code, the square footage of the house trailer based upon 16 the outside dimensions of the house trailer excluding the 17 length of the tongue and hitch, and, as to vehicles of 18 the second division, whether for-hire, not-for-hire, or 19 both for-hire and not-for-hire; 20 3. The date of purchase by applicant and, if 21 applicable, the name and address of the person from whom 22 the vehicle was acquired and the names and addresses of 23 any lienholders in the order of their priority and 24 signatures of owners; 25 4. The current odometer reading at the time of 26 transfer and that the stated odometer reading is one of 27 the following: actual mileage, not the actual mileage or 28 mileage is in excess of its mechanical limits; and 29 5. Any further information the Secretary of State 30 reasonably requires to identify the vehicle and to enable 31 him to determine whether the owner is entitled to a 32 certificate of title and the existence or nonexistence of SB954 Enrolled -8- LRB9003304NTsb 1 security interests in the vehicle. 2 (b) If the application refers to a vehicle purchased 3 from a dealer, it must also be signed by the dealer as well 4 as the owner, and the dealer must promptly mail or deliver 5 the application and required documents to the Secretary of 6 State. 7 (c) If the application refers to a vehicle last 8 previously registered in another State or country, the 9 application must contain or be accompanied by: 10 1. Any certified document of ownership so 11 recognized and issued by the other State or country and 12 acceptable to the Secretary of State, and 13 2. Any other information and documents the 14 Secretary of State reasonably requires to establish the 15 ownership of the vehicle and the existence or 16 nonexistence of security interests in it. 17 (d) If the application refers to a new vehicle it must 18 be accompanied by the Manufacturer's Statement of Origin, or 19 other documents as required and acceptable by the Secretary 20 of State, with such assignments as may be necessary to show 21 title in the applicant. 22 (e) If an application refers to a vehicle rebuilt from a 23 vehicle previously salvaged, that application shall comply 24 with the provisions set forth in Sections 3-302 through 3-304 25 of this Code. 26 (f) An application for a certificate of title for any 27 vehicle, whether purchased in Illinois or outside Illinois, 28 and even if previously registered in another State, must be 29 accompanied by either an exemption determination from the 30 Department of Revenue showing that no tax imposed pursuant to 31 the Use Tax Act or the vehicle use tax imposed by Section 32 3-1001 of the Illinois Vehicle Code is owed by anyone with 33 respect to that vehicle, or a receipt from the Department of 34 Revenue showing that any tax so imposed has been paid. An SB954 Enrolled -9- LRB9003304NTsb 1 application for a certificate of title for any vehicle 2 purchased outside Illinois, even if previously registered in 3 another state, must be accompanied by either an exemption 4 determination from the Department of Revenue showing that no 5 tax imposed pursuant to the Municipal Use Tax Act or the 6 County Use Tax Act is owed by anyone with respect to that 7 vehicle, or a receipt from the Department of Revenue showing 8 that any tax so imposed has been paid. In the absence of 9 such a receipt for payment or determination of exemption from 10 the Department, no certificate of title shall be issued to 11 the applicant. 12 If the proof of payment of the tax or of nonliability 13 therefor is, after the issuance of the certificate of title 14 and display certificate of title, found to be invalid, the 15 Secretary of State shall revoke the certificate and require 16 that the certificate of title and, when applicable, the 17 display certificate of title be returned to him. 18 (g) If the application refers to a vehicle not 19 manufactured in accordance with federal safety and emission 20 standards, the application must be accompanied by all 21 documents required by federal governmental agencies to meet 22 their standards before a vehicle is allowed to be issued 23 title and registration. 24 (h) If the application refers to a vehicle sold at 25 public sale by a sheriff, it must be accompanied by the 26 required fee and a bill of sale issued and signed by a 27 sheriff. The bill of sale must identify the new owner's name 28 and address, the year model, make and vehicle identification 29 number of the vehicle, court order document number 30 authorizing such sale, if applicable, and the name and 31 address of any lienholders in order of priority, if 32 applicable. 33 (i) If the application refers to a vehicle for which a 34 court of law determined the ownership, it must be accompanied SB954 Enrolled -10- LRB9003304NTsb 1 with a certified copy of such court order and the required 2 fee. The court order must indicate the new owner's name and 3 address, the complete description of the vehicle, if known, 4 the name and address of the lienholder, if any, and must be 5 signed and dated by the judge issuing such order. 6 (j) If the application refers to a vehicle sold at 7 public auction pursuant to the Labor and Storage Lien (Small 8 Amount) Act, it must be accompanied by an affidavit or 9 affirmation furnished by the Secretary of State along with 10 the documents described in the affidavit or affirmation and 11 the required fee. 12 (Source: P.A. 87-206; 88-45.) 13 (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514) 14 Sec. 6-514. Commercial Driver's License (CDL) - 15 Disqualifications. 16 (a) A person shall be disqualified from driving a 17 commercial motor vehicle for a period of not less than 12 18 months for the first violation of: 19 (1) Refusing to submit to or failure to complete a 20 test or tests to determine the driver's blood 21 concentration of alcohol, other drug, or both, while 22 driving a commercial motor vehicle; or 23 (2) Operating a commercial motor vehicle while the 24 alcohol concentration of the person's blood, breath or 25 urine is at least 0.04, or any amount of a drug, 26 substance, or compound in the person's blood or urine 27 resulting from the unlawful use or consumption of 28 cannabis listed in the Cannabis Control Act or a 29 controlled substance listed in the Illinois Controlled 30 Substances Act as indicated by a police officer's sworn 31 report or other verified evidence; or 32 (3) Conviction for a first violation of: 33 (i) Driving a commercial motor vehicle while SB954 Enrolled -11- LRB9003304NTsb 1 under the influence of alcohol, or any other drug, 2 or combination of drugs to a degree which renders 3 such person incapable of safely driving; or 4 (ii) Knowingly and wilfully leaving the scene 5 of an accident while operating a commercial motor 6 vehicle; or 7 (iii) Driving a commercial motor vehicle while 8 committing any felony. 9 If any of the above violations or refusals occurred 10 while transporting hazardous material(s) required to be 11 placarded, the person shall be disqualified for a period 12 of not less than 3 years. 13 (b) A person is disqualified for life for a second 14 conviction of any of the offenses specified in paragraph (a), 15 or any combination of those offenses, arising from 2 or more 16 separate incidents. 17 (c) A person is disqualified from driving a commercial 18 motor vehicle for life who uses a commercial motor vehicle in 19 the commission of any felony involving the manufacture, 20 distribution, or dispensing of a controlled substance, or 21 possession with intent to manufacture, distribute or dispense 22 a controlled substance. 23 (d) The Secretary of State may, when the United States 24 Secretary of Transportation so authorizes, issue regulations 25 in which a disqualification for life under paragraph (b) may 26 be reduced to a period of not less than 10 years. If a 27 reinstated driver is subsequently convicted of another 28 disqualifying offense, as specified in subsection (a) of this 29 Section, he or she shall be permanently disqualified for life 30 and shall be ineligible to again apply for a reduction of the 31 lifetime disqualification. 32 (e) A person is disqualified from driving a commercial 33 motor vehicle for a period of not less than 2 months if 34 convicted of 2 serious traffic violations, committed in a SB954 Enrolled -12- LRB9003304NTsb 1 commercial motor vehicle, arising from separate incidents, 2 occurring within a 3 year period. However, a person will be 3 disqualified from driving a commercial motor vehicle for a 4 period of not less than 4 months if convicted of 3 serious 5 traffic violations, committed in a commercial motor vehicle, 6 arising from separate incidents, occurring within a 3 year 7 period. 8 (f) Notwithstanding any other provision of this Code, 9 any driver disqualified from operating a commercial motor 10 vehicle, pursuant to this UCDLA, shall not be eligible for 11 restoration of commercial driving privileges during any such 12 period of disqualification. 13 (g) After suspending, revoking, or cancelling a 14 commercial driver's license, the Secretary of State must 15 update the driver's records to reflect such action within 10 16 days. After suspending or revoking the driving privilege of 17 any person who has been issued a CDL or commercial driver 18 instruction permit from another jurisdiction, the Secretary 19 shall originate notification to such issuing jurisdiction 20 within 10 days. 21 (h) The "disqualifications" referred to in this Section 22 shall not be imposed upon any commercial motor vehicle 23 driver, by the Secretary of State, unless the prohibited 24 action(s) occurred after March 31, 1992. 25 (i) A person is disqualified from driving a commercial 26 motor vehicle in accordance with the following: 27 (1) For 6 months upon a first conviction of 28 paragraph (2) of subsection (b) of Section 6-507 of this 29 Code. 30 (2) For one year upon a second conviction of 31 paragraph (2) of subsection (b) of Section 6-507 of this 32 Code within a 10-year period. 33 (3) For 3 years upon a third or subsequent 34 conviction of paragraph (2) of subsection (b) of Section SB954 Enrolled -13- LRB9003304NTsb 1 6-507 of this Code within a 10-year period. 2 (4) For one year upon a first conviction of 3 paragraph (3) of subsection (b) of Section 6-507 of this 4 Code. 5 (5) For 3 years upon a second conviction of 6 paragraph (3) of subsection (b) of Section 6-507 of this 7 Code within a 10-year period. 8 (6) For 5 years upon a third or subsequent 9 conviction of paragraph (3) of subsection (b) of Section 10 6-507 of this Code within a 10-year period. 11 (Source: P.A. 88-212; 89-245, eff. 1-1-96.) 12 Section 99. Effective date. This Act takes effect on 13 July 1, 1997, except that the provisions changing Section 14 6-514 of the Illinois Vehicle Code take effect January 1, 15 1998, and this Section and the provisions changing Section 16 3-104 of the Illinois Vehicle Code take effect upon becoming 17 law.
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