Public Act 90-0774 of the 90th General Assembly
Public Act 90-0774
SB955 Enrolled LRB9001186NTsb
AN ACT in relation to transportation, amending named
Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Civil Administrative Code of Illinois is
amended by changing Sections 49.19 and 49.19a as follows:
(20 ILCS 2705/49.19) (from Ch. 127, par. 49.19)
Sec. 49.19. Grants - Mass transportation. (1) For the
purpose of mass transportation grants and contracts the
following definitions apply:
(a) "Mass Transportation" means transportation provided
within the State of Illinois by rail, bus, or other
conveyance, available to the general public on a regular and
continuing basis including the transportation of handicapped
or elderly persons as provided more specifically in Section
49.19a of this Act.
(b) "Carrier" means any corporation, authority,
partnership, association, person or district authorized to
provide mass transportation within the State.
(c) "Facilities" comprise all real and personal property
used in or appurtenant to a mass transportation system,
including parking lots.
(d) "Unit of local government" "Municipality" means any
city, village, or incorporated town, or county.
(e) "District" means all of the following:
(i) Any district created pursuant to the "Local Mass
Transit District Act", approved July 21, 1959, as amended;
(ii) The Authority created pursuant to the "Metropolitan
Transit Authority Act", approved April 12, 1945, as amended;
(iii) Any authority, commission or other entity which by
virtue of an interstate compact approved by Congress is
authorized to provide mass transportation;
(iv) The Authority created pursuant to the "Regional
Transportation Authority Act".
(2) Grants may be made to units of local government
municipalities, districts and carriers for the acquisition,
construction, extension, reconstruction and improvement of
mass transportation facilities. Grants shall be made upon
such terms and conditions as in the judgment of the Secretary
are necessary to ensure their proper and effective
utilization.
(3) The Department shall make grants under this Act in a
manner designed, so far as is consistent with the maintenance
and development of a sound mass transportation system within
the State, to: (a) maximize federal funds for the assistance
of mass transportation in Illinois under the Federal Transit
Act Urban Mass Transportation Act of 1964, as amended, and
other federal acts; (b) facilitate the movement of persons
who because of age, economic circumstance or physical
infirmity are unable to drive; (c) contribute to an improved
environment through the reduction of air, water and noise
pollution; and (d) reduce traffic congestion.
(4) The Secretary shall establish procedures for making
application for mass transportation grants. Such procedures
shall provide for public notice of all applications and give
reasonable opportunity for the submission of comments and
objections by interested parties. The procedures shall be
designed with a view to facilitating simultaneous application
for a grant to the Department and to the federal government.
(5) Grants may be made for mass transportation projects
as follows:
(a) in an amount not to exceed 100% of the nonfederal
share of projects for which a federal grant is made;
(b) in an amount not to exceed 100% of the net project
cost for projects for which a federal grant is not made;
(c) in an amount not to exceed five-sixths of the net
project cost for projects essential for the maintenance of a
sound transportation system and eligible for federal
assistance for which a federal grant application has been
made but a federal grant has been delayed. If and when a
federal grant is made, the amount in excess of the nonfederal
share shall be promptly returned to the Department.
In no event shall the Department make a grant which,
together with any federal funds or funds from any other
source is in excess of 100% of the net project cost.
(6) Regardless of whether any funds are available under
a federal grant, the Department shall not make a mass
transportation grant unless the Secretary finds that the
recipient has entered into an agreement with the Department
in which the recipient agrees not to engage in school bus
operations exclusively for the transportation of students and
school personnel in competition with private school bus
operators where such private school bus operators are able to
provide adequate transportation, at reasonable rates, in
conformance with applicable safety standards, provided that
this requirement shall not apply to a recipient which
operates a school system in the area to be served and
operates a separate and exclusive school bus program for the
school system.
(7) Grants may be made for mass transportation purposes
with funds appropriated from the Build Illinois Bond Fund or
the Build Illinois Purposes Fund, created by the 84th General
Assembly, consistent with the specific purposes for which
such funds are appropriated by the General Assembly. Grants
under this subsection (7) are not subject to any limitations
or conditions imposed upon grants by any other provision of
this Section, except that the Secretary may impose such terms
and conditions as in his judgment are necessary to ensure the
proper and effective utilization of the grants under this
subsection.
(8) The Department may let contracts for mass
transportation purposes and facilities for the purpose of
reducing urban congestion funded in whole or in part with
bonds described in subsection (b)(1) of Section 4 of the
General Obligation Bond Act, not to exceed $75,000,000 in
bonds.
(9) The Department may make grants to carriers,
districts, and units of local government municipalities for
the purpose of reimbursing them for providing reduced fares
for mass transportation services for students, handicapped
persons and the elderly. Grants shall be made upon such
terms and conditions as in the judgment of the Secretary are
necessary to ensure their proper and effective utilization.
(Source: P.A. 86-16.)
(20 ILCS 2705/49.19a) (from Ch. 127, par. 49.19a)
Sec. 49.19a. Grants - Transportation for handicapped
persons. (1) For the purposes of this Section the following
definitions apply:
(a) "Carrier" means a district or a not for profit
corporation providing mass transportation for handicapped
persons on a regular and continuing basis.
(b) "Unit of local government" "Municipality",
"district" and "facilities" have the meanings ascribed to
them in Section 49.19.
(c) "Handicapped person" means any individual who, by
reason of illness, injury, age, congenital malfunction, or
other permanent or temporary incapacity or disability, is
unable without special mass transportation facilities or
special planning or design to utilize ordinary mass
transportation facilities and services as effectively as
persons who are not so affected.
(2) The Department may make grants from the
Transportation Fund and The General Revenue Fund to units of
local government municipalities, districts and carriers for
vehicles, equipment, and the acquisition, construction,
extension, reconstruction and improvement of mass
transportation facilities for handicapped persons, and during
State fiscal years 1986 and 1987, to the Regional
Transportation Authority for operating assistance for mass
transportation for mobility limited handicapped persons,
including paratransit services for the mobility limited. Such
grants shall be made upon such terms and conditions as in the
judgment of the Secretary are necessary to ensure their
proper and effective utilization. The procedures, limitations
and safeguards provided in Section 49.19 of this Act to
govern grants for mass transportation shall apply to grants
made under this Section.
For the efficient administration of grants, the
Department, on behalf of grant recipients not for profit
corporations receiving grants under this Section and on
behalf of recipients receiving funds under Sections Section
5309 and 5311 18 of the Federal Transit Urban Mass
Transportation Act and State funds, may administer and
consolidate procurements and may enter into contracts with
manufacturers of vehicles and equipment.
(3) The Department may make operating assistance grants
from the Transportation Fund to those carriers that, during
federal fiscal year 1986, directly received operating
assistance pursuant to Section 5307 9 or Section 5311 18 of
the Federal Transit Urban Mass Transportation Act, or under
contracts with a unit of local government county,
municipality, or mass transit district that received
operating expenses under Section 5307 9 or Section 5311 18 of
the Federal Transit Urban Mass Transportation Act, to provide
public paratransit services to the general mobility limited
population. The Secretary shall take into consideration the
reduction in federal operating expense grants to carriers
when considering such grant applications. The procedures,
limitations and safeguards provided in Section 49.19 of this
Act to govern grants for mass transportation shall apply to
grants made under this Section.
(Source: P.A. 86-16.)
Section 5. The Illinois Vehicle Code is amended by
changing Sections 3-629, 3-802, 3-821, 5-102.1, 6-208.2,
7-208, 7-214, 7-313, and 7-315 as follows:
(625 ILCS 5/3-629)
Sec. 3-629. Collegiate license plates; scholarship fund.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary of
State, may issue collegiate license plates. The collegiate
plates issued under this Section shall be affixed only to
passenger vehicles of the first division and motor vehicles
of the second division weighing not more than 8,000 pounds
and subject to the staggered registration system. Plates
issued under this Section shall expire according to the
staggered multi-year procedure established under Section
3-414.1 of this Code.
(b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State. The
Secretary of State may, at his or her discretion, issue the
plates for any public or degree-granting, not-for-profit
private college or university located in this State. The
Secretary may, in his or her discretion, allow the plates to
be issued as vanity plates or personalized in accordance with
Section 3-405.1 of this Code. The plates are not required to
designate "Land Of Lincoln", as prescribed in subsection (b)
of Section 3-412 of this Code. The Secretary shall prescribe
the eligibility requirements including a minimum level of
specialized license plates requests and, in his or her
discretion, shall approve and prescribe stickers or decals as
provided under Section 3-412.
(c) An applicant shall be charged a $40 fee for original
issuance in addition to the applicable registration fee. Of
the original issuance fee in the case of a public university
or college, $25 shall be deposited into the State College and
University Trust Fund and $15 shall be deposited into the
Secretary of State Special License Plate Fund to be used by
the Secretary of State, subject to appropriation, to help
defray the administrative costs of issuing the plate. Of the
original issuance fee in the case of a degree-granting,
not-for-profit private college or university, $25 shall be
deposited into the University Grant Fund and $15 shall be
deposited into the Secretary of State Special License Plate
Fund to be used by the Secretary of State, subject to
appropriation, to help defray the administrative cost of
issuing the plate. In addition to the regular renewal fee,
an applicant shall be charged $27 for the renewal of each set
of license plates issued under this Section; $25 shall be
deposited into the State College and University Trust Fund in
the case of a public university or college or into the
University Grant Fund in the case of a degree-granting,
not-for-profit private college or university, and $2 shall be
deposited into the Secretary of State Special License Plate
Fund plates for all collegiate plates.
(d) The State College and University Trust Fund is
created as a special fund in the State treasury. All moneys
in the State College and University Trust Fund shall be
appropriated to the Board of Higher Education for
distribution distributed on January 1 of each year to each
public university or college in proportion to the number of
plates sold in regard to that university or college according
to subsection (c) for administration of the Higher Education
License Plate Grant program. Receipts Moneys deposited into
the State College and University Trust Fund during the
preceding calendar year shall be distributed to participating
the public institutions by April 1. This revenue shall be
used university or college for the sole purpose of
scholarship grant awards.
(e) The University Grant Fund is created as a special
fund in the State treasury. All moneys in the University
Grant Fund shall be appropriated to the Illinois Student
Assistance Commission to make reimbursements to participating
private colleges and universities under the Higher Education
License Plate Grant Program.
(Source: P.A. 89-424, eff. 6-1-96; 89-626, eff. 8-9-96;
90-14, eff. 7-1-97; 90-278, eff. 7-31-97.)
(625 ILCS 5/3-802) (from Ch. 95 1/2, par. 3-802)
Sec. 3-802. Reclassifications and upgrades.
(a) Definitions. For the purposes of this Section, the
following words shall have the meanings ascribed to them as
follows:
"Reclassification" means changing the registration
of a vehicle from one plate category to another.
"Upgrade" means increasing the registered weight of
a vehicle within the same plate category.
(b) When reclassing the registration of a vehicle from
one plate category to another, the owner shall receive credit
for the unused portion of the present plate and be charged
the current portion fees for the new plate. In addition, the
appropriate replacement plate and replacement sticker fees
shall be assessed.
(c) When upgrading the weight of a registration within
the same plate category, the owner shall pay the difference
in current period fees between the two plates. In addition,
the appropriate replacement plate and replacement sticker
fees shall be assessed. In the event new plates are not
required, the corrected registration card fee shall be
assessed.
(d) In the event the owner of the vehicle desires to
change the registered weight and change the plate category,
the owner shall receive credit for the unused portion of the
registration fee of the current plate and pay the current
portion of the registration fee for the new plate, and in
addition, pay the appropriate replacement plate and
replacement sticker fees.
(e) Reclassing from one plate category to another plate
category can be done only once within any registration
period.
(f) No refunds shall be made in any of the circumstances
found in subsection (b), subsection (c), or subsection (d).
(g) In the event the registration of a vehicle
registered under the mileage tax option is revoked, the owner
shall be required to pay the annual registration fee in the
new plate category and shall not receive any credit for the
mileage plate fees.
(h) Certain special interest plates may be displayed on
first division vehicles, second division vehicles weighing
8,000 pounds or less, and recreational vehicles. Those
plates can be transferred within those vehicle groups.
(i) Plates displayed on second division vehicles
weighing 8,000 pounds or less and passenger vehicle plates
may be reclassed from one division to the other.
(j) Other than in subsection (i), reclassing from one
division to the other division is prohibited. In addition, a
reclass from a motor vehicle to a trailer or a trailer to a
motor vehicle is prohibited.
Reclassification.
(a) In the event that any owner of a motor vehicle of the
first division desires to transfer the registration thereof
to another such motor vehicle requiring a higher registration
fee or tax, then such owner must pay the additional amount of
fees or taxes due, and shall in addition, pay a
reclassification fee of $3 in the event that new number
plates have to be issued to replace the plates for the lower
registration.
(b) In the event that any owner of a vehicle of the
second division desires to transfer the registration thereof
to another such vehicle requiring a higher registration fee
or tax, then such owner must pay an additional amount equal
to the difference between those registration fees and taxes
previously paid for the vehicle and the registration fees or
taxes required for the vehicle with a greater or higher
classification, and shall in addition, pay a reclassification
fee of $3 in the event that new number plates have to be
issued to replace the plates for the lower registration.
(c) In the event that any owner of a vehicle of the
second division wishes to or is required to reclassify this
vehicle from a fiscal year to a calendar year basis, the
owner must also pay in addition to the reclassification fee,
an additional amount equal to the difference resulting from
the extension of the expiration date of the new calendar year
registration. In the event that any owner of a vehicle of
the second division wishes to or is required to reclassify a
vehicle from a calendar year to a fiscal year basis, the
owner must also pay in addition to the reclassification fee,
an additional amount equal to the difference resulting from
the extension of the expiration date of the new fiscal year
registration.
(d) In the event that the privileges of a person
eligible for a special plate as a Disabled Veteran under
Section 3-609 terminate during any registration year, such
person must file for reclassification of such special
registration and pay the higher fees or taxes required for
such vehicles under Section 3-806 and shall pay in addition a
reclassification fee of $3.
(e) In the event that the registration of a vehicle
under the mileage weight tax option as specified in Section
3-818 has been revoked, such vehicle shall not be eligible
for reclassification of such registration to a flat weight
tax option under Sections 3-815 or 3-818. The owner of that
vehicle shall however be eligible for a credit of $10 for the
registration fee specified under Section 3-813 when
reregistering such vehicle as required by law.
(f) Reclassification of a registration of a vehicle from
one class to another may be made only once within any
registration year or period. No refunds may be made when
reclassifying under any circumstances.
(g) In the event the owner of a vehicle of the second
division elects or is required to reclassify such vehicle
from a fiscal year registration to a calendar year
registration under the International Registration Plan as set
forth in Sec. 3-402.1 of this Act, the owner shall pay a
reclassification fee of $3.00 in addition to any other fee or
fees required under this Act, and said owner may thereby be
entitled to a refund not to exceed 50% of the fiscal
registration fee, less the reclassification fees or taxes
which may be due the State of Illinois under this Act and
under the International Registration Plan.
The Secretary of State may deny any applicant the right
of reclassification under this subsection if the Secretary of
State determines that the applicant is not eligible for
registration or reclassification under said Plan.
(h) From July 1 through December 31 of the 1983
registration year, an owner registering a second division
vehicle on a calendar year basis into the "X", "Z" or "TN"
category shall pay, in addition to any fees required under
Section 3-802, an amount equal to 50% of the difference
between the most recent flat weight tax fee paid by the owner
for the vehicle and the new flat weight tax fee into which
the vehicle is being reclassified.
(i) From January 1 through June 30 of the 1984
registration year, an owner registering a second division
vehicle on a fiscal year basis into the "X", "Z" or "TN"
category shall pay, in addition to any fees required under
Section 3-802, an amount equal to 50% of the difference
between the most recent flat weight tax fee paid by the owner
for the vehicle and the new flat weight tax fee into which
the vehicle is being reclassified.
(j) In the event that any owner of a passenger vehicle
or a second division vehicle weighing 8,000 pounds or less
desires to transfer the registration thereof to the different
division, then such owner must pay the additional amount of
fees or taxes due, if applicable, and shall, in addition, pay
a reclassification fee of $3 in the event that new plates
have to be issued to replace the old plates.
(Source: P.A. 89-245, eff. 1-1-96.)
(625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
Sec. 3-821. Miscellaneous Registration and Title Fees.
(a) The fee to be paid to the Secretary of State for the
following certificates, registrations or evidences of proper
registration, or for corrected or duplicate documents shall
be in accordance with the following schedule:
Certificate of Title, except for an all-terrain
vehicle or off-highway motorcycle $13
Certificate of Title for an all-terrain vehicle
or off-highway motorcycle 30
Certificate of Title for an all-terrain vehicle
or off-highway motorcycle used for production
agriculture 13
Transfer of Registration or any evidence of
proper registration 12
Reclassification 5
Duplicate Registration Card for plates or other
evidence of proper registration 2
Duplicate Registration Sticker or Stickers, each 4
Duplicate Certificate of Title 13
Corrected Registration Card or Card for other
evidence of proper registration 2
Corrected Certificate of Title 13
Salvage Certificate 3
Fleet Reciprocity Permit 12
Prorate Decal 1
Prorate Backing Plate 2
There shall be no fee paid for a Junking Certificate.
(b) The Secretary may prescribe the maximum service
charge to be imposed upon an applicant for renewal of a
registration by any person authorized by law to receive and
remit or transmit to the Secretary such renewal application
and fees therewith.
(c) If a check is delivered to the Office of the
Secretary of State as payment of any fee or tax under this
Code, and such check is not honored by the bank on which it
is drawn for any reason, the registrant or other person
tendering the check remains liable for the payment of such
fee or tax. The Secretary of State may assess a service
charge of $15 in addition to the fee or tax due and owing for
all dishonored checks.
If the total amount then due and owing exceeds the sum
of $50 and has not been paid in full within 60 days from the
date such fee or tax became due to the Secretary of State,
the Secretary of State shall assess a penalty of 25% of such
amount remaining unpaid.
All amounts payable under this Section shall be computed
to the nearest dollar.
(d) The minimum fee and tax to be paid by any applicant
for apportionment of a fleet of vehicles under this Code
shall be $12 if the application was filed on or before the
date specified by the Secretary together with fees and taxes
due. If an application and the fees or taxes due are filed
after the date specified by the Secretary, the Secretary may
prescribe the payment of interest at the rate of 1/2 of 1%
per month or fraction thereof after such due date and a
minimum of $6.
(e) Trucks, truck tractors, truck tractors with loads,
and motor buses, any one of which having a combined total
weight in excess of 12,000 lbs. shall file an application for
a Fleet Reciprocity Permit issued by the Secretary of State.
This permit shall be in the possession of any driver
operating a vehicle on Illinois highways. Any foreign
licensed vehicle of the second division operating at any time
in Illinois without a Fleet Reciprocity Permit or other
proper Illinois registration, shall subject the operator to
the penalties provided in Section 3-834 of this Code. For
the purposes of this Code, "Fleet Reciprocity Permit" means
any second division motor vehicle with a foreign license and
used only in interstate transportation of goods. The fee for
such permit shall be $12 per fleet which shall include all
vehicles of the fleet being registered.
(f) For purposes of this Section, "all-terrain vehicle
or off-highway motorcycle used for production agriculture"
means any all-terrain vehicle or off-highway motorcycle used
in the raising of or the propagation of livestock, crops for
sale for human consumption, crops for livestock consumption,
and production seed stock grown for the propagation of feed
grains and the husbandry of animals or for the purpose of
providing a food product, including the husbandry of blood
stock as a main source of providing a food product.
"All-terrain vehicle or off-highway motorcycle used in
production agriculture" also means any all-terrain vehicle or
off-highway motorcycle used in animal husbandry,
floriculture, aquaculture, horticulture, and viticulture.
(Source: P.A. 90-287, eff. 1-1-98.)
(625 ILCS 5/5-102.1) (from Ch. 95 1/2, par. 5-102.1)
Sec. 5-102.1. Permits for off site sales and
exhibitions.
(a) A licensed new or used motor vehicle dealer licensed
under Section 5-101 or 5-102 shall not engage in any off site
sale without an off site sale permit issued by the Secretary
under this Section.
The Secretary shall issue an off site sale permit to a
dealer if:
(1) an application therefor is received by the
Secretary at least 10 days prior to the beginning date of
the proposed off site sale, accompanied by a fee of $25;
(2) the applicant is a licensed new vehicle dealer
or used vehicle dealer in good standing; and
(3) the Secretary determines that the proposed off
site sale will conform with the requirements imposed by
law.
However, in no event shall an off site sale permit be
issued to any licensed new or used vehicle dealer for any off
site sale to be conducted outside that dealer's relevant
market area, as that term is defined in this Chapter, except
that this restriction shall not apply to off site sales of
motor homes or recreational vehicles.
The provisions of this subsection shall not apply to
self-contained motor homes, mini motor homes, van campers,
and recreational trailers, including trailers designed and
used to transport vessels or watercraft.
An off site sale permit does not authorize the sale of
vehicles on a Sunday.
(b) Only a new or used vehicle dealer licensed under
Section 5-101 or 5-102 may participate in a display
exhibition and shall obtain a display exhibition permit
issued by the Secretary under this Section.
The Secretary shall issue a display exhibition permit to
a dealer if:
(1) an application therefor is received by the
Secretary at least 10 days prior to the beginning date of
the proposed exhibition, accompanied by a fee of $10;
(2) the applicant is a licensed new vehicle dealer
or used vehicle dealer in good standing; and
(3) the Secretary determines that the proposed
exhibition will conform with the requirements imposed by
law.
A display exhibition permit shall be valid for a period
of no longer than 30 days.
(c) A licensed new or used motor vehicle dealer under
Section 5-101 or 5-102, or any other person as defined in
this Section, may participate in a trade show exhibition and
must obtain a trade show exhibition permit issued by the
Secretary under this Section.
The Secretary shall issue a trade show exhibition permit
if:
(1) an application is received by the Secretary at
least 10 days before the beginning date of the proposed
trade show exhibition, accompanied by a fee of $10;
(2) the applicant is a licensed new vehicle dealer
or used vehicle dealer in good standing; and
(3) the Secretary determines that the proposed
trade show exhibition shall conform with the requirements
imposed by law.
A trade show exhibition permit shall be valid for a
period of no longer than 30 days.
The provisions of this subsection shall not apply to
self-contained motor homes, mini motor homes, van campers,
and recreational trailers, including trailers designed and
used to transport vessels or watercraft.
The term "any other person" shall mean new or used
vehicle dealers licensed by other states; provided however, a
trade show exhibition of new vehicles shall only be
participated in by licensed new vehicle dealers, at least 2
of which must be licensed under Section 5-101.
(d) An Illinois or out-of-state licensed new or used
trailer dealer, manufactured home dealer, motor home dealer,
mini motor home dealer, or van camper dealer shall not engage
in any off site sale or trade show exhibition without first
acquiring a permit issued by the Secretary under this
subsection. The Secretary shall issue a permit to an
Illinois dealer if:
(1) an application is received by the Secretary at
least 10 days before the beginning date of the proposed
off site sale or trade show exhibition, accompanied by a
fee of $25;
(2) the applicant is a licensed new or used vehicle
dealer in good standing; and
(3) the Secretary determines that the proposed off
site sale or trade show exhibition will conform with the
requirements imposed by law.
The Secretary shall issue a permit to an out-of-state
dealer if the requirements of subdivisions (1), (2), and (3)
of this subsection (d) are met and at least 2 licensed
Illinois dealers will participate in the off site sale or
trade show exhibition.
A permit issued pursuant to this subsection shall allow
for the sale of vehicles at either an off site sale or at a
trade show exhibition. The permit shall be valid for a
period not to exceed 30 days.
(e) The Secretary of State may adopt rules regulating
the conduct of off site sales and exhibitions, and governing
the issuance and enforcement of the permits authorized under
this Section.
(Source: P.A. 88-470; 88-588, eff. 1-1-95; 88-685, eff.
1-24-95; 89-235, eff. 8-4-95; 89-551, eff. 1-1-97.)
(625 ILCS 5/6-208.2)
Sec. 6-208.2. Restoration of driving privileges; persons
under age 21.
(a) Unless the suspension based upon consumption of
alcohol by a minor or refusal to submit to testing has been
rescinded by the Secretary of State in accordance with item
(c)(3) of Section 6-206 of this Code, a person whose
privilege to drive a motor vehicle on the public highways has
been suspended under Section 11-501.8 is not eligible for
restoration of the privilege until the expiration of:
1. Six months from the effective date of the
suspension for a refusal or failure to complete a test or
tests to determine the alcohol concentration under
Section 11-501.8;
2. Three months from the effective date of the
suspension imposed following the person's submission to a
chemical test which disclosed an alcohol concentration
greater than 0.00 under Section 11-501.8;
3. Two years from the effective date of the
suspension for a person who has been previously suspended
under Section 11-501.8 and who refuses or fails to
complete a test or tests to determine the alcohol
concentration under Section 11-501.8; or
4. One year from the effective date of the
suspension imposed for a person who has been previously
suspended under Section 11-501.8 following submission to
a chemical test that disclosed an alcohol concentration
greater than 0.00 under Section 11-501.8.
(b) Following a suspension of the privilege to drive a
motor vehicle under Section 11-501.8, full driving privileges
shall be restored unless the person is otherwise disqualified
by this Code.
(c) Full driving privileges may not be restored until
all applicable reinstatement fees, as provided by this Code,
have been paid to the Secretary of State and the appropriate
entry made to the driver's record. The Secretary of State may
also, as a condition of the reissuance of a driver's license
or permit to an individual under the age of 18 years whose
driving privileges have been suspended pursuant to Section
11-501.8, require the applicant to participate in a driver
remedial education course and be retested under Section
6-109.
(d) Where a driving privilege has been suspended under
Section 11-501.8 and the person is subsequently convicted of
violating Section 11-501, or a similar provision of a local
ordinance, for the same incident, any period served on that
suspension shall be credited toward the minimum period of
revocation of driving privileges imposed under Section 6-205.
(e) Following a suspension of driving privileges under
Section 11-501.8 for a person who has not had his or her
driving privileges previously suspended under that Section,
the Secretary of State may issue a restricted driving permit
after at least 30 days from the effective date of the
suspension.
(f) Following a second or subsequent suspension of
driving privileges under Section 11-501.8 that is based upon
the person having refused or failed to complete a test or
tests to determine the alcohol concentration under Section
11-501.8, the Secretary of State may issue a restricted
driving permit after at least 6 months from the effective
date of the suspension.
(g) Following a second or subsequent suspension of
driving privileges under Section 11-501.8 that is based upon
the person having submitted to a chemical test that disclosed
an alcohol concentration greater than 0.00 under Section
11-501.8, the Secretary of State may issue a restricted
driving permit after at least 90 days from the effective date
of the suspension.
Any restricted driving permit considered under this
Section is subject to the provisions of item (e) of Section
11-501.8.
(Source: P.A. 88-588, eff. 1-1-95.)
(625 ILCS 5/7-208) (from Ch. 95 1/2, par. 7-208)
Sec. 7-208. Agreements for payment of damages. (a) Any 2
or more of the persons involved in a motor vehicle accident
subject to the provisions of Section 7-201 or their
authorized representatives, may at any time enter into a
written agreement for the payment of an agreed amount in
installments, with respect to all claims for injuries or
damages resulting from the motor vehicle accident.
(b) The Secretary of State, to the extent provided by
any such written agreement properly filed with him, shall not
require the deposit of security and shall terminate any prior
order of suspension, or, if security has previously been
deposited, the Secretary of State shall immediately return
such security to the depositor or an appropriate personal
representative.
(c) In the event of a default in any payment under such
agreement and upon notice of such default the Secretary of
State shall forthwith suspend the driver's license and
registration, or nonresident's operating privileges, of such
person in default which shall not be restored unless and
until:
1. Such person deposits and thereafter maintains
security as required under Section 7-201 in such amount as
the Secretary of State may then determine, or
2. Two years have elapsed since the acceptance of the
notice of default by the Secretary of State and during such
period no action upon such agreement has been instituted in
any court having jurisdiction, or
3. The person enters into a second written agreement for
the payment of an agreed amount in installments with respect
to all claims for injuries or damages resulting from the
motor vehicle accident.
(Source: P.A. 85-321.)
(625 ILCS 5/7-214) (from Ch. 95 1/2, par. 7-214)
Sec. 7-214. Disposition of Security.
Such security shall be applicable only to the payment of
a judgment or judgments, rendered against the person or
persons on whose behalf the deposit was made, for damages
arising out of the accident in question, in an action at law,
begun not later than two years after the later of (i) the
date the driver's license and registration were suspended
following the accident or (ii) the date of any default in any
payment under an installment agreement for payment of damages
of such accident, and such deposit or any balance thereof
shall be returned to the depositor or his personal
representative when evidence satisfactory to the Secretary of
State has been filed with him:.
1. that there has been a release from liability, or a
final adjudication of non-liability; or
2. or a duly acknowledged written agreement in
accordance with Section 7-208 of this Act; or
3. or whenever after the expiration of two years after
the later of (i) the date the driver's license and
registration were suspended following the accident or (ii)
the date of any default in any payment under an installment
agreement for payment of damages of the accident, the
Secretary of State shall be given reasonable evidence that
there is no such action pending and no judgment rendered in
such action left unpaid.
(Source: P.A. 76-1586.)
(625 ILCS 5/7-313) (from Ch. 95 1/2, par. 7-313)
Sec. 7-313. Suspension required upon breach of
agreement. In the event the judgment debtor fails to pay any
installments as permitted by the order of the court upon
notice of such default, the Secretary of State, upon receipt
of a court order, shall forthwith suspend the driver's
license, registration certificate, license plates,
registration stickers or nonresident's operating privilege of
the judgment debtor until said judgment is satisfied as
provided in Section 7-311 or a second installment payment
plan is accepted as provided in Section 7-312.
(Source: P.A. 85-321.)
(625 ILCS 5/7-315) (from Ch. 95 1/2, par. 7-315)
Sec. 7-315. A certificate of insurance proof. (a) Proof
of financial responsibility may be made by filing with the
Secretary of State the written certificate of any insurance
carrier duly authorized to do business in this State,
certifying that it has issued to or for the benefit of the
person furnishing such proof and named as the insured in a
motor vehicle liability policy, a motor vehicle liability
policy or policies or in certain events an operator's policy
meeting the requirements of this Code and that said policy or
policies are then in full force and effect.
(b) Such certificate or certificates shall give the
dates of issuance and expiration of such policy or policies
and certify that the same shall not be canceled unless 15 10
days' prior written notice thereof be given to the Secretary
of State and shall explicitly describe all motor vehicles
covered thereby unless the policy or policies are issued to a
person who is not the owner of a motor vehicle.
(c) The Secretary of State shall not accept any
certificate or certificates unless the same shall cover all
motor vehicles then registered in this State in the name of
the person furnishing such proof as owner and an additional
certificate or certificates shall be required as a condition
precedent to the subsequent registration of any motor vehicle
or motor vehicles in the name of the person giving such proof
as owner.
(Source: P.A. 83-831.)
Section 99. Effective date. This Act takes effect upon
becoming law.