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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.
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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; and
26 (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
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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 when
5 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 the
27 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 or
31 Advisory Board may 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
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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.
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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 Board
17 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:
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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 Merit
30 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
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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.
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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
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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
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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
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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
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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
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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
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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.