Full Text of HB0914 96th General Assembly
HB0914enr 96TH GENERAL ASSEMBLY
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LRB096 10397 AJT 20567 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 2-118 and 6-206.1 as follows:
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| (625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)
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| Sec. 2-118. Hearings.
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| (a) Upon the suspension, revocation or denial of
the | 9 |
| issuance of a license, permit, registration or certificate of | 10 |
| title
under this Code of any person the Secretary of State | 11 |
| shall immediately
notify such person in writing and upon his | 12 |
| written request shall, within 20
days after receipt thereof, | 13 |
| set a date for a hearing to commence within 90
calendar days | 14 |
| from the date of the written request for all requests related | 15 |
| to
a suspension, revocation, or the denial of the issuance of a | 16 |
| license, permit,
registration, or certificate of title | 17 |
| occurring after July 1, 2002, in the
County of
Sangamon, the | 18 |
| County of Jefferson, or the County of Cook, as such
person may | 19 |
| specify, unless both
parties agree that such hearing may be | 20 |
| held in some other county.
The Secretary may require the | 21 |
| payment of a fee of not more than $50 for the
filing of any | 22 |
| petition, motion, or request for hearing conducted pursuant to
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| this Section. These fees must be deposited into the Secretary |
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| of State DUI
Administration Fund, a special fund created in the | 2 |
| State treasury, and, subject
to appropriation and as directed | 3 |
| by the Secretary of State, shall be used for
operation of the | 4 |
| Department of Administrative Hearings of the Office of the
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| Secretary of
State
and for no other purpose. The
Secretary | 6 |
| shall establish by rule the amount and the procedures, terms, | 7 |
| and
conditions relating to these fees.
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| (b) At any time after the suspension, revocation or denial | 9 |
| of a license,
permit, registration or certificate of title of | 10 |
| any person as
hereinbefore referred to, the Secretary of State, | 11 |
| in his or her discretion
and
without the necessity of a request | 12 |
| by such person, may hold such a hearing,
upon not less than 10 | 13 |
| days' notice in writing, in the Counties of Sangamon,
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| Jefferson,
or Cook or in any other county agreed to by the | 15 |
| parties.
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| (c) Upon any such hearing, the Secretary of State, or his | 17 |
| authorized
agent may administer oaths and issue subpoenas for | 18 |
| the attendance of
witnesses and the production of relevant | 19 |
| books and records and may require
an examination of such | 20 |
| person. Upon any such hearing, the Secretary of
State shall | 21 |
| either rescind or, good cause appearing therefor, continue,
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| change or extend the Order of Revocation or Suspension, or upon | 23 |
| petition
therefore and subject to the provisions of this Code, | 24 |
| issue a restricted
driving permit or reinstate the license or | 25 |
| permit of such person.
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| (d) All hearings and hearing procedures shall comply with |
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| requirements
of the Constitution, so that no person is deprived | 2 |
| of due process of law
nor denied equal protection of the laws. | 3 |
| All hearings shall be held before
the Secretary of State or | 4 |
| before such persons as may be designated by the
Secretary of | 5 |
| State and appropriate records of such hearings shall be kept.
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| Where a transcript of the hearing is taken, the person | 7 |
| requesting the
hearing shall have the opportunity to order a | 8 |
| copy thereof at his own
expense.
The Secretary of State shall | 9 |
| enter an order upon any hearing conducted
under this Section, | 10 |
| related to a suspension, revocation, or the denial of
the | 11 |
| issuance of a license, permit, registration, or certificate of | 12 |
| title
occurring after July 1, 2002, within 90 days of its | 13 |
| conclusion and shall
immediately notify the person in writing | 14 |
| of his or her action.
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| (d-5) Any hearing over which the Secretary of State has | 16 |
| jurisdiction because of a person's implied consent to testing | 17 |
| of the person's blood, breath, or urine for the presence of | 18 |
| alcohol, drugs, or intoxicating compounds may be conducted upon | 19 |
| a review of the official police reports. Either party, however, | 20 |
| may subpoena the arresting officer and any other law | 21 |
| enforcement officer who was involved in the petitioner's arrest | 22 |
| or processing after arrest, as well as any other person whose | 23 |
| testimony may be probative to the issues at the hearing. The | 24 |
| failure of a law enforcement officer to answer the subpoena | 25 |
| shall be considered grounds for a continuance if, in the | 26 |
| hearing officer's discretion, the continuance is appropriate. |
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| The failure of the arresting officer to answer a subpoena shall | 2 |
| not, in and of itself, be considered grounds for the rescission | 3 |
| of an implied consent suspension. Rather, the hearing shall | 4 |
| proceed on the basis of the other evidence available, and the | 5 |
| hearing officer shall assign this evidence whatever probative | 6 |
| value is deemed appropriate. The decision whether to rescind | 7 |
| shall be based upon the totality of the evidence.
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| (e) The action of the
Secretary of State in suspending, | 9 |
| revoking or denying any license, permit,
registration, or | 10 |
| certificate of title shall be subject to judicial review
in the
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| Circuit Court of Sangamon County, in the Circuit Court of | 12 |
| Jefferson County,
or in the Circuit Court of Cook County, and | 13 |
| the
provisions of the Administrative Review Law, and all | 14 |
| amendments and
modifications thereto, and the rules adopted | 15 |
| pursuant thereto, are hereby
adopted and shall apply to and | 16 |
| govern every action for the judicial review of
final acts or | 17 |
| decisions of the Secretary of State hereunder.
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| (Source: P.A. 95-627, eff. 6-1-08 .)
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| (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
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| Sec. 6-206.1. Monitoring Device Driving Permit. | 21 |
| Declaration of Policy. It is hereby declared a policy of the
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| State of Illinois that the driver who is impaired by alcohol, | 23 |
| other drug or
drugs, or intoxicating compound or compounds is a
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| threat to the public safety and welfare. Therefore, to
provide | 25 |
| a deterrent to such practice, a statutory summary driver's |
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| license suspension is appropriate.
It is also recognized that | 2 |
| driving is a privilege and therefore, that the granting of | 3 |
| driving privileges, in a manner consistent with public
safety, | 4 |
| is warranted during the period of suspension in the form of a | 5 |
| monitoring device driving permit. A person who drives and fails | 6 |
| to comply with the requirements of the monitoring device | 7 |
| driving permit commits a violation of Section 6-303 of this | 8 |
| Code.
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| The following procedures shall apply whenever
a first | 10 |
| offender is arrested for any offense as defined in Section | 11 |
| 11-501
or a similar provision of a local ordinance:
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| (a) Subsequent to a notification of a statutory summary | 13 |
| suspension of
driving privileges as provided in Section | 14 |
| 11-501.1, the court, after informing the first offender, as | 15 |
| defined in Section 11-500, of his or her right to a monitoring | 16 |
| device driving permit, hereinafter referred to as a MDDP, and | 17 |
| of the obligations of the MDDP, shall enter an order directing | 18 |
| the Secretary of State (hereinafter referred to as the | 19 |
| Secretary) to issue a MDDP to the offender, unless the offender | 20 |
| has opted, in writing, not to have a MDDP issued. After opting | 21 |
| out of having a MDDP issued, at any time during the summary | 22 |
| suspension, the offender may petition the court for an order | 23 |
| directing the Secretary to issue a MDDP. However, the court | 24 |
| shall not enter the order directing the Secretary to issue the | 25 |
| MDDP, in any instance, if the court finds:
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| (1) The offender's driver's license is otherwise |
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| invalid; | 2 |
| (2) Death or great bodily harm resulted from the arrest | 3 |
| for Section 11-501; | 4 |
| (3) That the offender has been previously convicted of | 5 |
| reckless homicide or aggravated driving under the | 6 |
| influence involving death; or | 7 |
| (4) That the offender is less than 18 years of age. | 8 |
| Any court order for a MDDP shall order the person to pay | 9 |
| the Secretary a MDDP Administration Fee in an amount not to | 10 |
| exceed $30 per month, to be deposited into the Monitoring | 11 |
| Device Driving Permit Administration Fee Fund. The Secretary | 12 |
| shall establish by rule the amount and the procedures, terms, | 13 |
| and conditions relating to these fees. The order shall further | 14 |
| specify that the offender must have an ignition interlock | 15 |
| device installed within 14 days of the date the Secretary | 16 |
| issues the MDDP. The ignition interlock device provider must | 17 |
| notify the Secretary, in a manner and form prescribed by the | 18 |
| Secretary, of the installation. If the Secretary does not | 19 |
| receive notice of installation, the Secretary shall cancel the | 20 |
| MDDP.
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| A MDDP shall not become effective prior to the 31st
day of | 22 |
| the original statutory summary suspension.
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| (a-1) A person issued a MDDP may drive for any purpose and | 24 |
| at any time, subject to the rules adopted by the Secretary | 25 |
| under subsection (g). The person must, at his or her own | 26 |
| expense, drive only vehicles equipped with an ignition |
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| interlock device as defined in Section 1-129.1, but in no event | 2 |
| shall such person drive a commercial motor vehicle. | 3 |
| (a-2) Persons who are issued a MDDP and must drive | 4 |
| employer-owned vehicles in the course of their employment | 5 |
| duties may seek permission to drive an employer-owned vehicle | 6 |
| that does not have an ignition interlock device. The employer | 7 |
| shall provide to the Secretary a form, as prescribed by the | 8 |
| Secretary, completed by the employer verifying that the | 9 |
| employee must drive an employer-owned vehicle in the course of | 10 |
| employment. If approved by the Secretary, the form must be in | 11 |
| the driver's possession while operating an employer-owner | 12 |
| vehicle not equipped with an ignition interlock device. No | 13 |
| person may use this exemption to drive a school bus, school | 14 |
| vehicle, or a vehicle designed to transport more than 15 | 15 |
| passengers. No person may use this exemption to drive an | 16 |
| employer-owned motor vehicle that is owned by an entity that is | 17 |
| wholly or partially owned by the person holding the MDDP, or by | 18 |
| a family member of the person holding the MDDP. No person may | 19 |
| use this exemption to drive an employer-owned vehicle that is | 20 |
| made available to the employee for personal use. No person may | 21 |
| drive the exempted vehicle more than 12 hours per day, 6 days | 22 |
| per week.
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| (b) (Blank).
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| (c) (Blank).
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| (c-1) If the holder of the MDDP is convicted of or receives | 26 |
| court supervision for a violation of Section 6-206.2, 6-303, |
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| 11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar | 2 |
| provision of a local ordinance or a similar out-of-state | 3 |
| offense or is convicted of or receives court supervision for | 4 |
| any offense for which alcohol or drugs is an element of the | 5 |
| offense and in which a motor vehicle was involved (for an | 6 |
| arrest other than the one for which the MDDP is issued), or | 7 |
| de-installs the BAIID without prior authorization from the | 8 |
| Secretary, the MDDP shall be cancelled.
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| (c-5) If the court determines that the person seeking the | 10 |
| MDDP is indigent, the court shall provide the person with a | 11 |
| written document, in a form prescribed by the Secretary, as | 12 |
| evidence of that determination, and the person shall provide | 13 |
| that written document to an ignition interlock device provider. | 14 |
| The provider shall install an ignition interlock device on that | 15 |
| person's vehicle without charge to the person, and seek | 16 |
| reimbursement from the Indigent BAIID Fund.
If the court has | 17 |
| deemed an offender indigent, the BAIID provider shall also | 18 |
| provide the normal monthly monitoring services and the | 19 |
| de-installation without charge to the offender and seek | 20 |
| reimbursement from the Indigent BAIID Fund. Any other monetary | 21 |
| charges, such as a lockout fee or reset fee, shall be the | 22 |
| responsibility of the MDDP holder. A BAIID provider may not | 23 |
| seek a security deposit from the Indigent BAIID Fund. The court | 24 |
| shall also forward a copy of the indigent determination to the | 25 |
| Secretary, in a manner and form as prescribed by the Secretary. | 26 |
| (d) The Secretary shall, upon receiving a court order, |
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LRB096 10397 AJT 20567 b |
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| issue a MDDP to a person who applies for a MDDP under this
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| Section. Such court order shall contain the name, driver's
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| license number, and legal address of the applicant. This | 4 |
| information
shall be available only to the courts, police | 5 |
| officers, and the Secretary, except during the actual period | 6 |
| the MDDP is valid, during which
time it shall be a public | 7 |
| record. The Secretary shall design and
furnish to the courts an | 8 |
| official court order form to be used by the courts
when | 9 |
| directing the Secretary to issue a MDDP.
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| Any submitted court order that contains insufficient data | 11 |
| or fails to
comply with this Code shall not be utilized for | 12 |
| MDDP issuance or entered to
the driver record but shall be | 13 |
| returned to the issuing court indicating why
the MDDP cannot be | 14 |
| so entered. A notice of this action shall also be sent
to the | 15 |
| MDDP applicant by the Secretary.
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| (e) (Blank).
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| (f) (Blank).
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| (g) The Secretary shall adopt rules for implementing this | 19 |
| Section. The rules adopted shall address issues including, but | 20 |
| not limited to: compliance with the requirements of the MDDP; | 21 |
| methods for determining compliance with those requirements; | 22 |
| the consequences of noncompliance with those requirements; | 23 |
| what constitutes a violation of the MDDP; and the duties of a | 24 |
| person or entity that supplies the ignition interlock device. | 25 |
| (h) The rules adopted under subsection (g) shall provide, | 26 |
| at a minimum, that the person is not in compliance with the |
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| requirements of the MDDP if he or she: | 2 |
| (1) tampers or attempts to tamper with or circumvent | 3 |
| the proper operation of the ignition interlock device; | 4 |
| (2) provides valid breath samples that register blood | 5 |
| alcohol levels in excess of the number of times allowed | 6 |
| under the rules; | 7 |
| (3) fails to provide evidence sufficient to satisfy the | 8 |
| Secretary that the ignition interlock device has been | 9 |
| installed in the designated vehicle or vehicles; or | 10 |
| (4) fails to follow any other applicable rules adopted | 11 |
| by the Secretary. | 12 |
| (i) Any person or entity that supplies an ignition | 13 |
| interlock device as provided under this Section shall, in | 14 |
| addition to supplying only those devices which fully comply | 15 |
| with all the rules adopted under subsection (g), provide the | 16 |
| Secretary, within 7 days of inspection, all monitoring reports | 17 |
| of each person who has had an ignition interlock device | 18 |
| installed. These reports shall be furnished in a manner or form | 19 |
| as prescribed by the Secretary. | 20 |
| (j) Upon making a determination that a violation of the | 21 |
| requirements of the MDDP has occurred, the Secretary shall | 22 |
| extend the summary suspension period for an additional 3 months | 23 |
| beyond the originally imposed summary suspension period, | 24 |
| during which time the person shall only be allowed to drive | 25 |
| vehicles equipped with an ignition interlock device; provided | 26 |
| further there are no limitations on the total number of times |
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| the summary suspension may be extended. The Secretary may, | 2 |
| however, limit the number of extensions imposed for violations | 3 |
| occurring during any one monitoring period, as set forth by | 4 |
| rule. Any person whose summary suspension is extended pursuant | 5 |
| to this Section shall have the right to contest the extension | 6 |
| through a hearing with the Secretary, pursuant to Section 2-118 | 7 |
| of this Code. If the summary suspension has already terminated | 8 |
| prior to the Secretary receiving the monitoring report that | 9 |
| shows a violation, the Secretary shall be authorized to suspend | 10 |
| the person's driving privileges for 3 months, provided that the | 11 |
| Secretary may, by rule, limit the number of suspensions to be | 12 |
| entered pursuant to this paragraph for violations occurring | 13 |
| during any one monitoring period. Any person whose license is | 14 |
| suspended pursuant to this paragraph, after the summary | 15 |
| suspension had already terminated, shall have the right to | 16 |
| contest the suspension through a hearing with the Secretary, | 17 |
| pursuant to Section 2-118 of this Code. The only permit the | 18 |
| person shall be eligible for during this new suspension period | 19 |
| is a MDDP. | 20 |
| (k) A person who has had his or her summary suspension | 21 |
| extended for the third time, or has any combination of 3 | 22 |
| extensions and new suspensions, entered as a result of a | 23 |
| violation that occurred while holding the MDDP, so long as the | 24 |
| extensions and new suspensions relate to the same summary | 25 |
| suspension, shall have his or her vehicle impounded for a | 26 |
| period of 30 days, at the person's own expense. A person who |
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| has his or her summary suspension extended for the fourth time, | 2 |
| or has any combination of 4 extensions and new suspensions, | 3 |
| entered as a result of a violation that occurred while holding | 4 |
| the MDDP, so long as the extensions and new suspensions relate | 5 |
| to the same summary suspension, shall have his or her vehicle | 6 |
| subject to seizure and forfeiture. The Secretary shall notify | 7 |
| the prosecuting authority of any third or fourth extensions or | 8 |
| new suspension entered as a result of a violation that occurred | 9 |
| while the person held a MDDP. Upon receipt of the notification, | 10 |
| the prosecuting authority shall impound or forfeit the vehicle. | 11 |
| (l) A person whose driving privileges have been suspended | 12 |
| under Section 11-501.1 of this Code and who had a MDDP that was | 13 |
| cancelled , or would have been cancelled had notification of a | 14 |
| violation been received prior to expiration of the MDDP, | 15 |
| pursuant to subsection (c-1) of this Section, shall not be | 16 |
| eligible for reinstatement when the summary suspension is | 17 |
| scheduled to terminate . Instead, the person's driving | 18 |
| privileges , but instead shall be suspended for a period of not | 19 |
| less than twice the original summary suspension period, or for | 20 |
| the length of any extensions entered under subsection (j), | 21 |
| whichever is longer. During the period of suspension, the | 22 |
| person shall be eligible only to apply for a restricted driving | 23 |
| permit. If a restricted driving permit is granted, the offender | 24 |
| may only operate vehicles equipped with a an ignition interlock | 25 |
| device BAIID in accordance with this Section. , for a period of | 26 |
| not less than twice the original summary suspension period, or |
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| for the length of any extensions entered under subsection (j), | 2 |
| whichever is longer. | 3 |
| (m) Any person or entity that supplies an ignition | 4 |
| interlock device under this Section shall, for each ignition | 5 |
| interlock device installed, pay 5% of the total gross revenue | 6 |
| received for the device, including monthly monitoring fees, | 7 |
| into the Indigent BAIID Fund. This 5% shall be clearly | 8 |
| indicated as a separate surcharge on each invoice that is | 9 |
| issued. The Secretary shall conduct an annual review of the | 10 |
| fund to determine whether the surcharge is sufficient to | 11 |
| provide for indigent users. The Secretary may increase or | 12 |
| decrease this surcharge requirement as needed. | 13 |
| (n) Any person or entity that supplies an ignition | 14 |
| interlock device under this Section that is requested to | 15 |
| provide an ignition interlock device to a person who presents | 16 |
| written documentation of indigency from the court, as provided | 17 |
| in subsection (c-5) of this Section, shall install the device | 18 |
| on the person's vehicle without charge to the person and shall | 19 |
| seek reimbursement from the Indigent BAIID Fund. | 20 |
| (o) The Indigent BAIID Fund is created as a special fund in | 21 |
| the State treasury. The Secretary shall, subject to | 22 |
| appropriation by the General Assembly, use all money in the | 23 |
| Indigent BAIID Fund to reimburse ignition interlock device | 24 |
| providers who have installed devices in vehicles of indigent | 25 |
| persons pursuant to court orders issued under this Section. The | 26 |
| Secretary shall make payments to such providers every 3 months. |
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| If the amount of money in the fund at the time payments are | 2 |
| made is not sufficient to pay all requests for reimbursement | 3 |
| submitted during that 3 month period, the Secretary shall make | 4 |
| payments on a pro-rata basis, and those payments shall be | 5 |
| considered payment in full for the requests submitted. | 6 |
| (p) The Monitoring Device Driving Permit Administration | 7 |
| Fee Fund is created as a special fund in the State treasury. | 8 |
| The Secretary shall, subject to appropriation by the General | 9 |
| Assembly, use the money paid into this fund to offset its | 10 |
| administrative costs for administering MDDPs.
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| (Source: P.A. 94-307, eff. 9-30-05; 94-357, eff. 1-1-06; | 12 |
| 94-930, eff. 6-26-06; 95-400, eff. 1-1-09; 95-578, eff. 1-1-09; | 13 |
| 95-855, eff. 1-1-09; 95-876, eff. 8-21-08.)
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.
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