VEH CD-MOTOR CARRIER SAFETY
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SB 682 — VEH CD-MOTOR CARRIER SAFETY
Last action — Public Act . . . . . . . . . 95-0382
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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6Enacted
This bill has been enacted into law. Introduced February 08, 2007. Enacted.
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Where this bill stands today.
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Illinois Vehicle Code. Changes several provisions to bring them into compliance with the Federal Motor Carrier Safety Development Act of 1999. Provides that the prohibition against driving under the influence of alcohol or drugs applies to driving under the influence of methamphetamine. Makes corresponding changes. Effective immediately.
Bill Text
What changed in the latest version
108 added · 108 removedPlain-language change summary
The bill SB 682 has undergone a revision where all the previous lines have been replaced with new text. This change indicates that the bill has been refined or updated to better reflect its purpose or address feedback received. It’s important because these adjustments could impact how the proposed laws will function in practice or how effectively they address the issues they aim to solve.
SB0682 EngrossedEnrolled LRB095 04306 DRH 31220 b AN ACT concerning transportation.
(a) The Secretary of State upon issuing a drivers license or permit shall have the authority whenever good cause appears to impose restrictions suitable to the licensee’s driving ability with respect to the type of, or special mechanical SB0682 EngrossedEnrolled - 2 - LRB095 04306 DRH 31220 b control devices required on, a motor vehicle which the licensee may operate or such other restrictions applicable to the licensee as the Secretary of State may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.
(e) It is unlawful for any person to operate a motor vehicle in any manner in violation of the restrictions imposed SB0682 EngrossedEnrolled - 3 - LRB095 04306 DRH 31220 b on a restricted license or permit issued to him.
At a minimum, SB0682 EngrossedEnrolled - 4 - LRB095 04306 DRH 31220 b all drivers must meet the following requirements:
If it is SB0682 EngrossedEnrolled - 5 - LRB095 04306 DRH 31220 b determined that the accident for which the driver was at fault was not influenced by the driver’s use of vision aid arrangements other than standard eyeglasses or contact lenses, the Secretary may reinstate that driver’s privilege to drive during nighttime hours.
(e) The Secretary of State shall also maintain appropriate SB0682 EngrossedEnrolled - 6 - LRB095 04306 DRH 31220 b records of any disposition of supervision or records relative to a driver’s referral to a driver remedial or rehabilitative program, as required by the Secretary of State or the courts.
An individual who agrees to having his or her name included in the First Person Consent organ and SB0682 EngrossedEnrolled - 7 - LRB095 04306 DRH 31220 b tissue donor registry has given full legal consent to the donation of any of his or her organs or tissue upon his or her death.
(4) An individual may withdraw his or her consent to be listed in the First Person Consent organ and tissue SB0682 EngrossedEnrolled - 8 - LRB095 04306 DRH 31220 b donor registry maintained by the Secretary of State by notifying the Secretary of State in writing, or by any other means approved by the Secretary, of the individual’s decision to have his or her name removed from the registry.
committed any fraud in the making of such SB0682 EngrossedEnrolled - 9 - LRB095 04306 DRH 31220 b application;
However, upon application, the Secretary of State may, if SB0682 EngrossedEnrolled - 10 - LRB095 04306 DRH 31220 b satisfied that the person applying will not endanger the public safety, or welfare, issue a restricted driving permit granting the privilege of driving a motor vehicle between the person’s residence and person’s place of employment or within the scope of the person’s employment related duties, or to allow transportation for the person or a household member of the person’s family for the receipt of necessary medical care or, if the professional evaluation indicates, provide transportation for the petitioner for alcohol remedial or rehabilitative activity, or for the person to attend classes, as a student, in an accredited educational institution;
except that a conviction upon one or more offenses against laws or ordinances regulating the SB0682 EngrossedEnrolled - 11 - LRB095 04306 DRH 31220 b movement of traffic shall be deemed sufficient cause for the revocation, suspension or cancellation of a restricted driving permit.
(b) Upon such cancellation the licensee or permittee must SB0682 EngrossedEnrolled - 12 - LRB095 04306 DRH 31220 b surrender the license or permit so cancelled to the Secretary of State.
(1) Whenever any person is convicted of any offense for which this Code makes mandatory the cancellation or revocation of the driver’s license or permit of such person SB0682 EngrossedEnrolled - 13 - LRB095 04306 DRH 31220 b by the Secretary of State, the judge of the court in which such conviction is had shall require the surrender to the clerk of the court of all driver’s licenses or permits then held by the person so convicted, and the clerk of the court shall, within 5 days thereafter, forward the same, together with a report of such conviction, to the Secretary.
Card), 12-101 (driving vehicle which is in unsafe condition or improperly equipped), 12-201(a) (daytime lights on motorcycles), 12-202 (clearance, identification and side marker lamps), 12-204 (lamp or flag on projecting load), 12-205 (failure to display the safety lights required), 12-401 (restrictions as to tire equipment), 12-502 (mirrors), 12-503 (windshields must be unobstructed and equipped with wipers), 12-601 (horns and warning devices), 12-602 (mufflers, prevention of noise or smoke), 12-603 (seat safety belts), 12-702 (certain vehicles to carry flares or other warning devices), 12-703 (vehicles for oiling roads SB0682 EngrossedEnrolled - 14 - LRB095 04306 DRH 31220 b operated on highways), 12-710 (splash guards and replacements), 13-101 (safety tests), 15-101 (size, weight and load), 15-102 (width), 15-103 (height), 15-104 (name and address on second division vehicles), 15-107 (length of vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights), 15-112 (weights), 15-301 (weights), 15-316 (weights), 15-318 (weights), and also excepting the following enumerated Sections of the Chicago Municipal Code:
Sections 27-245 (following fire apparatus), 27-254 (obstruction of traffic), 27-258 (driving vehicle which is in unsafe condition), 27-259 (coasting on downgrade), 27-264 (use of horns and signal devices), 27-265 (obstruction to driver’s view or driver mechanism), 27-267 (dimming of headlights), 27-268 (unattended motor vehicle), 27-272 (illegal funeral procession), 27-273 (funeral procession on boulevard), 27-275 (driving freight hauling vehicles on boulevard), 27-276 (stopping and standing of buses or taxicabs), 27-277 (cruising of public passenger vehicles), 27-305 (parallel parking), 27-306 (diagonal parking), 27-307 (parking not to obstruct traffic), 27-308 (stopping, standing or parking regulated), 27-311 (parking regulations), 27-312 (parking regulations), 27-313 (parking regulations), 27-314 (parking regulations), 27-315 (parking regulations), 27-316 (parking regulations), 27-317 (parking regulations), 27-318 (parking regulations), 27-319 SB0682 EngrossedEnrolled - 15 - LRB095 04306 DRH 31220 b (parking regulations), 27-320 (parking regulations), 27-321 (parking regulations), 27-322 (parking regulations), 27-324 (loading and unloading at an angle), 27-333 (wheel and axle loads), 27-334 (load restrictions in the downtown district), 27-335 (load restrictions in residential areas), 27-338 (width of vehicles), 27-339 (height of vehicles), 27-340 (length of vehicles), 27-352 (reflectors on trailers), 27-353 (mufflers), 27-354 (display of plates), 27-355 (display of city vehicle tax sticker), 27-357 (identification of vehicles), 27-358 (projecting of loads), and also excepting the following enumerated paragraphs of Section 2-201 of the Rules and Regulations of the Illinois State Toll Highway Authority:
Such reporting requirements shall also apply to individuals adjudicated under the Juvenile Court Act or the Juvenile Court SB0682 EngrossedEnrolled - 16 - LRB095 04306 DRH 31220 b Act of 1987 who have committed a violation of Section 11-501 of this Code, or similar provision of a local ordinance, or Section 9-3 of the Criminal Code of 1961, as amended, relating to the offense of reckless homicide.
The reporting requirements of this subsection (a) apply to all violations listed in paragraphs (1) and (2) of this subsection (a), excluding parking violations, when SB0682 EngrossedEnrolled - 17 - LRB095 04306 DRH 31220 b the driver holds a CDL, regardless of the type of vehicle in which the violation occurred, or when any driver committed the violation in a commercial motor vehicle as defined in Section 6-500 of this Code.
(5) Reports of conviction under this Code and sentencing hearings under the Juvenile Court Act of 1987 in an electronic format or a computer processible medium shall be forwarded to the Secretary of State via the Supreme Court in the form and format required by the Illinois SB0682 EngrossedEnrolled - 18 - LRB095 04306 DRH 31220 b Supreme Court and established by a written agreement between the Supreme Court and the Secretary of State.
(c) For the purposes of this Code, a forfeiture of bail or collateral deposited to secure a defendant’s appearance in court when forfeiture has not been vacated, or the failure of a SB0682 EngrossedEnrolled - 19 - LRB095 04306 DRH 31220 b defendant to appear for trial after depositing his driver’s license in lieu of other bail, shall be equivalent to a conviction.
These reports received by the Secretary of State, including those required to be forwarded under paragraph (a)(4), shall be privileged information, available only (i) to the affected driver and (ii) for use by the courts, police officers, prosecuting SB0682 EngrossedEnrolled - 20 - LRB095 04306 DRH 31220 b authorities, and the Secretary of State, and the driver licensing administrator of any other state.
Violation of Section 11-501 of this Code or a similar provision of a local ordinance relating to the offense of operating or being in physical control of a vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any SB0682 EngrossedEnrolled - 21 - LRB095 04306 DRH 31220 b combination thereof;
Violation of paragraph (1) of subsection (b) of Section 6-507, or a similar law of any other state, SB0682 EngrossedEnrolled - 22 - LRB095 04306 DRH 31220 b relating to the unlawful operation of a commercial motor vehicle;
(c) Whenever a person is convicted of any of the offenses enumerated in this Section, the court may recommend and the Secretary of State in his discretion, without regard to whether the recommendation is made by the court may, upon application, issue to the person a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner’s residence and petitioner’s place of employment or within the SB0682 EngrossedEnrolled - 23 - LRB095 04306 DRH 31220 b scope of the petitioner’s employment related duties, or to allow transportation for the petitioner or a household member of the petitioner’s family for the receipt of necessary medical care or, if the professional evaluation indicates, provide transportation for the petitioner for alcohol remedial or rehabilitative activity, or for the petitioner to attend classes, as a student, in an accredited educational institution;
If a person’s license or permit has been revoked or suspended 2 or more times within a 10 year period due to a single conviction of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, and a statutory summary suspension under SB0682 EngrossedEnrolled - 24 - LRB095 04306 DRH 31220 b Section 11-501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.
A restricted driving permit issued under this SB0682 EngrossedEnrolled - 25 - LRB095 04306 DRH 31220 b Section shall be subject to cancellation, revocation, and suspension by the Secretary of State in like manner and for like cause as a driver’s license issued under this Code may be cancelled, revoked, or suspended;
and 9 SB0682 EngrossedEnrolled - 26 - LRB095 04306 DRH 31220 b p.m.
If a person’s license or permit has been revoked or suspended 2 or more times within a 10 year period due to a single conviction of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, and a statutory summary suspension under Section 11-501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate SB0682 EngrossedEnrolled - 27 - LRB095 04306 DRH 31220 b a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.
(g) The Secretary of State shall not issue a restricted SB0682 EngrossedEnrolled - 28 - LRB095 04306 DRH 31220 b driving permit to a person under the age of 16 years whose driving privileges have been revoked under any provisions of this Code.
6-206) SB0682 EngrossedEnrolled - 29 - LRB095 04306 DRH 31220 b Sec.
Has by the unlawful operation of a motor vehicle caused or contributed to an accident resulting in death or injury requiring immediate professional treatment in a medical facility or doctor’s office to any person, except SB0682 EngrossedEnrolled - 30 - LRB095 04306 DRH 31220 b that any suspension or revocation imposed by the Secretary of State under the provisions of this subsection shall start no later than 6 months after being convicted of violating a law or ordinance regulating the movement of traffic, which violation is related to the accident, or shall start not more than one year after the date of the accident, whichever date occurs later;
Has operated a motor vehicle upon a highway of this SB0682 EngrossedEnrolled - 31 - LRB095 04306 DRH 31220 b State when the person’s driving privilege or privilege to obtain a driver’s license or permit was revoked or suspended unless the operation was authorized by a judicial driving permit, probationary license to drive, or a restricted driving permit issued under this Code;
SB0682 EngrossedEnrolled - 32 - LRB095 04306 DRH 31220 b 18.
Has been convicted by a court-martial or punished by non-judicial punishment by military authorities of the United States at a military installation in Illinois of or for a traffic related offense that is the same as or similar to an offense specified under Section 6-205 or SB0682 EngrossedEnrolled - 33 - LRB095 04306 DRH 31220 b 6-206 of this Code;
Has been convicted of the illegal possession, while operating or in actual physical control, as a driver, of a motor vehicle, of any controlled substance prohibited under the Illinois Controlled Substances Act, any cannabis prohibited under the Cannabis Control Act, or any methamphetamine prohibited under the Methamphetamine Control and Community Protection Act, in which case the person’s driving privileges shall be suspended for one year, and any driver who is convicted of a second or subsequent offense, within 5 years of a previous conviction, for the illegal possession, while operating or in actual physical control, as a driver, of a motor vehicle, of any controlled substance prohibited under the Illinois Controlled Substances Act, any cannabis prohibited under the Cannabis Control Act, or any methamphetamine prohibited under the Methamphetamine SB0682 EngrossedEnrolled - 34 - LRB095 04306 DRH 31220 b Control and Community Protection Act shall be suspended for 5 years.
Has refused to submit to a test as required by Section 11-501.6 or has submitted to a test resulting in an alcohol concentration of 0.08 or more or any amount of a drug, substance, or compound resulting from the unlawful SB0682 EngrossedEnrolled - 35 - LRB095 04306 DRH 31220 b use or consumption of cannabis as listed in the Cannabis Control Act, a controlled substance as listed in the Illinois Controlled Substances Act, or an intoxicating compound as listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, in which case the penalty shall be as prescribed in Section 6-208.1;
SB0682 EngrossedEnrolled - 36 - LRB095 04306 DRH 31220 b 37.
(b) If any conviction forming the basis of a suspension or revocation authorized under this Section is appealed, the Secretary of State may rescind or withhold the entry of the order of suspension or revocation, as the case may be, provided SB0682 EngrossedEnrolled - 37 - LRB095 04306 DRH 31220 b that a certified copy of a stay order of a court is filed with the Secretary of State.
The affidavit shall also state the number of offenses committed while SB0682 EngrossedEnrolled - 38 - LRB095 04306 DRH 31220 b operating a vehicle in connection with the driver’s regular occupation.
If the Secretary of State does not rescind the order, the Secretary may upon application, to relieve undue SB0682 EngrossedEnrolled - 39 - LRB095 04306 DRH 31220 b hardship, issue a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner’s residence and petitioner’s place of employment or within the scope of his employment related duties, or to allow transportation for the petitioner, or a household member of the petitioner’s family, to receive necessary medical care and if the professional evaluation indicates, provide transportation for alcohol remedial or rehabilitative activity, or for the petitioner to attend classes, as a student, in an accredited educational institution;
If a person’s license or permit has been revoked or suspended 2 or more times within a 10 year period due to a single conviction of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar SB0682 EngrossedEnrolled - 40 - LRB095 04306 DRH 31220 b out-of-state offense, and a statutory summary suspension under Section 11-501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.
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The Secretary may not, however, issue a restricted driving permit to any person whose current revocation is the result of a second or subsequent conviction for a violation of Section 11-501 of this Code or a similar provision of a local ordinance relating to the offense of operating or being in physical control of a motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any similar out-of-state offense, or any SB0682 EngrossedEnrolled - 41 - LRB095 04306 DRH 31220 b combination of those offenses, until the expiration of at least one year from the date of the revocation.
(e) The Secretary of State shall not issue a restricted SB0682 EngrossedEnrolled - 42 - LRB095 04306 DRH 31220 b driving permit to a person under the age of 16 years whose driving privileges have been suspended or revoked under any provisions of this Code.
Refusal or neglect of the person to submit an alcohol, drug, or intoxicating compound evaluation or submit to or failure to successfully complete the examination is grounds for suspension of the person’s license or permit under Section 6-206 of this Act or cancellation of his license or permit SB0682 EngrossedEnrolled - 43 - LRB095 04306 DRH 31220 b under Section 6-201 of this Act.
(a) Whenever any resident of this State fails to pay any traffic fine, penalty, or cost imposed for a violation of this Code, or similar provision of local ordinance, the clerk may notify the Secretary of State, on a report prescribed by the Secretary, and the Secretary shall prohibit the renewal, SB0682 EngrossedEnrolled - 44 - LRB095 04306 DRH 31220 b reissue or reinstatement of such resident’s driving privileges until such fine, penalty, or cost has been paid in full.
(b) Except as provided in subsection (b-1), following receipt of the report from the clerk, the Secretary of State shall make the proper notation to the driver’s file to prohibit SB0682 EngrossedEnrolled - 45 - LRB095 04306 DRH 31220 b the renewal, reissue or reinstatement of such driver’s driving privileges.
Upon payment in full of a traffic fine, penalty, or court cost which has previously SB0682 EngrossedEnrolled - 46 - LRB095 04306 DRH 31220 b been reported under this Section as unpaid, the clerk of the court shall forward forthwith directly to the Secretary of State a notice stating that the fine, penalty, or cost has been paid in full and shall provide the driver with a signed receipt containing the seal of the court, indicating that the fine, penalty, and cost have been paid in full.
The Secretary of SB0682 EngrossedEnrolled - 47 - LRB095 04306 DRH 31220 b State shall retain such receipt for his records.
SB0682 EngrossedEnrolled - 48 - LRB095 04306 DRH 31220 b (A) the number of grams of alcohol per 210 liters of breath;
or SB0682 EngrossedEnrolled - 49 - LRB095 04306 DRH 31220 b (iii) the vehicle is transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R.
or (iii) firefighting and other emergency equipment (including, without limitation, equipment owned or operated by a HazMat or technical rescue team authorized by a county board under Section 5-1127 of the Counties Code), with audible and visual signals, owned or operated by or for a governmental entity, which is necessary to the preservation of life or SB0682 EngrossedEnrolled - 50 - LRB095 04306 DRH 31220 b property or the execution of emergency governmental functions which are normally not subject to general traffic rules and regulations.
SB0682 EngrossedEnrolled - 51 - LRB095 04306 DRH 31220 b (13) Driver.
SB0682 EngrossedEnrolled - 52 - LRB095 04306 DRH 31220 b (19) (Blank).
SB0682 EngrossedEnrolled - 53 - LRB095 04306 DRH 31220 b (22) Motor Vehicle.
(B) Any other similar law or local ordinance of any SB0682 EngrossedEnrolled - 54 - LRB095 04306 DRH 31220 b state relating to railroad-highway grade crossing.
or (vii) a violation relating to following another SB0682 EngrossedEnrolled - 55 - LRB095 04306 DRH 31220 b vehicle too closely;
6-506) SB0682 EngrossedEnrolled - 56 - LRB095 04306 DRH 31220 b Sec.
(b-5) No employer or commercial motor vehicle owner shall SB0682 EngrossedEnrolled - 57 - LRB095 04306 DRH 31220 b knowingly allow, permit, authorize, or require a driver to operate a commercial motor vehicle during any period in which the motor carrier operation is subject to an "out-of-service" order.
(1) Suspended, revoked, cancelled, or subject to SB0682 EngrossedEnrolled - 58 - LRB095 04306 DRH 31220 b disqualification.
SB0682 EngrossedEnrolled - 59 - LRB095 04306 DRH 31220 b (b-5) Except as otherwise provided by this Code, no person may transport passengers or hazardous materials during a period in which the commercial motor vehicle or the motor carrier operation is subject to an "out-of-service" order.
In addition, the farmer or a member of the farmer’s family who operates a truck-tractor semitrailer combination or combinations pursuant to this waiver shall be granted all of SB0682 EngrossedEnrolled - 60 - LRB095 04306 DRH 31220 b the rights and shall be subject to all of the duties and restrictions with respect to Sections 6-514 and 6-515 of this Code applicable to the driver who possesses a commercial driver’s license issued under this Code, except that the driver shall not be subject to any additional duties or restrictions contained in Part 382 of the Federal Motor Carrier Safety Regulations that are not otherwise imposed under Section 6-514 or 6-515 of this Code.
SB0682 EngrossedEnrolled - 61 - LRB095 04306 DRH 31220 b (f) This Section shall not apply to:
Part 383.75, to administer the skills test or tests specified by Federal Motor Carrier Safety Highway Administration pursuant to the Commercial Motor Vehicle SB0682 EngrossedEnrolled - 62 - LRB095 04306 DRH 31220 b Safety Act of 1986 and any appropriate federal rule.
These fingerprints shall be checked against the fingerprint SB0682 EngrossedEnrolled - 63 - LRB095 04306 DRH 31220 b records now and hereafter filed in the Department of State Police and Federal Bureau of Investigation criminal history records databases;
(i) those offenses defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1, 20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 31A-1, 31A-1.1, and 33A-2, and in subsection (a) and subsection (b), clause (1), of Section 12-4 of the Criminal SB0682 EngrossedEnrolled - 64 - LRB095 04306 DRH 31220 b Code of 1961;
A commercial SB0682 EngrossedEnrolled - 65 - LRB095 04306 DRH 31220 b driver instruction permit may be issued to any person holding a valid Illinois driver’s license if such person successfully passes such tests as the Secretary determines to be necessary.
SB0682 EngrossedEnrolled - 66 - LRB095 04306 DRH 31220 b A driver An applicant must surrender any non-resident CDL, license or permit issued by any other state.
(4) the driver applicant’s social security number or other identifying number acceptable to the Secretary of SB0682 EngrossedEnrolled - 67 - LRB095 04306 DRH 31220 b State;
SB0682 EngrossedEnrolled - 68 - LRB095 04306 DRH 31220 b (5) a CDL or file number assigned by the Secretary of State;
SB0682 EngrossedEnrolled - 69 - LRB095 04306 DRH 31220 b (d) Renewal.
or (2) Operating a commercial motor vehicle while the alcohol concentration of the person’s blood, breath or urine is at least 0.04, or any amount of a drug, substance, or compound in the person’s blood or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act , or a controlled substance listed in the Illinois Controlled Substances Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act as indicated by a police officer’s sworn SB0682 EngrossedEnrolled - 70 - LRB095 04306 DRH 31220 b report or other verified evidence;
or SB0682 EngrossedEnrolled - 71 - LRB095 04306 DRH 31220 b (iv) Driving a commercial motor vehicle while the person’s driving privileges or driver’s license or permit is revoked, suspended, or cancelled or the driver is disqualified from operating a commercial motor vehicle;
SB0682 EngrossedEnrolled - 72 - LRB095 04306 DRH 31220 b (b) A person is disqualified for life for a second conviction of any of the offenses specified in paragraph (a), or any combination of those offenses, arising from 2 or more separate incidents.
However, a person will be SB0682 EngrossedEnrolled - 73 - LRB095 04306 DRH 31220 b disqualified from driving a commercial motor vehicle for a period of not less than 4 months if convicted of 3 serious traffic violations, committed in a commercial motor vehicle, arising from separate incidents, occurring within a 3 year period.
After SB0682 EngrossedEnrolled - 74 - LRB095 04306 DRH 31220 b suspending or revoking the driving privilege of any person who has been issued a CDL or commercial driver instruction permit from another jurisdiction, the Secretary shall originate notification to such issuing jurisdiction within 10 days.
(6) For 5 years upon a third or subsequent conviction SB0682 EngrossedEnrolled - 75 - LRB095 04306 DRH 31220 b of paragraph (3) of subsection (b) or subsection (b-5) of Section 6-507 of this Code within a 10-year period.
(iv) For all drivers, failing to have sufficient space to drive completely through the crossing without stopping, as described in subsection (b) of Section SB0682 EngrossedEnrolled - 76 - LRB095 04306 DRH 31220 b 11-1425 of this Code;
A driver must be disqualified from operating a commercial motor vehicle for not less than 120 days if the driver is convicted of a violation described in paragraph (1) of this subsection (j) and, in the three-year period preceding the conviction, the driver had one other conviction for a violation described in paragraph (1) of this subsection (j) that was committed in a separate SB0682 EngrossedEnrolled - 77 - LRB095 04306 DRH 31220 b incident.
the affected driver or a motor carrier or SB0682 EngrossedEnrolled - 78 - LRB095 04306 DRH 31220 b prospective motor carrier requesting such information, within 10 days of the request;
Within 10 days after the receipt of such petition, it shall be reviewed by the Director of the Department of Administrative Hearings, Office SB0682 EngrossedEnrolled - 79 - LRB095 04306 DRH 31220 b of the Secretary of State, or by an appointed designee.
Whether the person did refuse to submit to or failed to complete the chemical testing or did submit to such test or tests and such test or tests disclosed an alcohol concentration of at least 0.04 or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act or a controlled substance listed in the Illinois Controlled SB0682 EngrossedEnrolled - 80 - LRB095 04306 DRH 31220 b Substances Act or methamphetamine as listed in the Methamphetamine Control and Community Protection Act in the person’s system;
Whether, while driving such commercial motor vehicle, the person had alcohol or any amount of a drug, substance, or compound resulting from the unlawful use or SB0682 EngrossedEnrolled - 81 - LRB095 04306 DRH 31220 b consumption of cannabis listed in the Cannabis Control Act or a controlled substance listed in the Illinois Controlled Substances Act or methamphetamine as listed in the Methamphetamine Control and Community Protection Act in such person’s system;
(e) If any person petitions for a hearing relating to any CDL disqualification based upon a conviction, as defined in this UCDLA, said hearing shall not be conducted as a CDL hearing, but shall be conducted as any other driver’s license SB0682 EngrossedEnrolled - 82 - LRB095 04306 DRH 31220 b hearing, whether formal or informal, as promulgated in the rules and regulations of the Secretary.
(i) Any CDL disqualification based upon a statutory summary suspension resulting from an arrest of a CDL holder while operating a non-commercial motor vehicle, may only be contested by filing a petition to contest the statutory summary suspension in the appropriate circuit court as provided for in SB0682 EngrossedEnrolled - 83 - LRB095 04306 DRH 31220 b Section 2-118.1 of this Code.
(c) By July 1, 1995, the Secretary of State shall establish SB0682 EngrossedEnrolled - 84 - LRB095 04306 DRH 31220 b rules and regulations, to be consistent with federal guidelines, for the issuance and cancellation or withdrawal of a restricted commercial driver’s license that is limited to the operation of a school bus.
and for a second conviction for any offense committed within 3 years of any SB0682 EngrossedEnrolled - 85 - LRB095 04306 DRH 31220 b previous offense, shall be guilty of a Class B misdemeanor.
(a) Any person who drives or is in actual physical control of a motor vehicle upon the public highways of this State shall be deemed to have given consent, subject to the provisions of Section 11-501.2, to a chemical test or tests of blood, breath, or urine for the purpose of determining the content of alcohol, other drug or drugs, or intoxicating compound or compounds or any combination thereof in the person’s blood if arrested, as evidenced by the issuance of a Uniform Traffic Ticket, for any SB0682 EngrossedEnrolled - 86 - LRB095 04306 DRH 31220 b offense as defined in Section 11-501 or a similar provision of a local ordinance, or if arrested for violating Section 11-401.
SB0682 EngrossedEnrolled - 87 - LRB095 04306 DRH 31220 b (b) Any person who is dead, unconscious, or who is otherwise in a condition rendering the person incapable of refusal, shall be deemed not to have withdrawn the consent provided by paragraph (a) of this Section and the test or tests may be administered, subject to the provisions of Section 11-501.2.
The person shall also be warned by the law enforcement officer that if the person submits to the test or tests provided in paragraph (a) of this Section and the alcohol concentration in the person’s blood or breath is 0.08 or greater, or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis as covered by the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is detected in the person’s blood or urine, a statutory summary SB0682 EngrossedEnrolled - 88 - LRB095 04306 DRH 31220 b suspension of the person’s privilege to operate a motor vehicle, as provided in Sections 6-208.1 and 11-501.1 of this Code, and a disqualification of the person’s privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, if the person is a CDL holder, will be imposed.
(d) If the person refuses testing or submits to a test that discloses an alcohol concentration of 0.08 or more, or any SB0682 EngrossedEnrolled - 89 - LRB095 04306 DRH 31220 b amount of a drug, substance, or intoxicating compound in the person’s breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law enforcement officer shall immediately submit a sworn report to the circuit court of venue and the Secretary of State, certifying that the test or tests was or were requested under paragraph (a) and the person refused to submit to a test, or tests, or submitted to testing that disclosed an alcohol concentration of 0.08 or more.
If the person is a first offender as defined in Section 11-500 of this Code, and is not convicted of a violation of Section 11-501 of this Code or a similar provision of a local ordinance, then reports received by the Secretary of State under this Section shall, except during the actual time the Statutory Summary Suspension is in effect, be privileged information and for use only by the courts, police officers, SB0682 EngrossedEnrolled - 90 - LRB095 04306 DRH 31220 b prosecuting authorities or the Secretary of State.
The officer shall confiscate any SB0682 EngrossedEnrolled - 91 - LRB095 04306 DRH 31220 b Illinois driver’s license or permit on the person at the time of arrest.
instead, the sworn report shall be forwarded to the court of venue with a copy returned to the SB0682 EngrossedEnrolled - 92 - LRB095 04306 DRH 31220 b issuing agency identifying any defect.
SB0682 EngrossedEnrolled - 93 - LRB095 04306 DRH 31220 b (b) Any person who is dead, unconscious or who is otherwise in a condition rendering such person incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (a) of this Section.
(c) A person requested to submit to a test as provided above shall be warned by the law enforcement officer requesting the test that a refusal to submit to the test, or submission to the test resulting in an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound resulting from the unlawful use or consumption of cannabis, as covered by the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act as detected in such person’s blood or urine, may result in the SB0682 EngrossedEnrolled - 94 - LRB095 04306 DRH 31220 b suspension of such person’s privilege to operate a motor vehicle and may result in the disqualification of the person’s privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, if the person is a CDL holder.
(d) If the person refuses testing or submits to a test which discloses an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in such person’s blood or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law enforcement officer shall immediately submit a sworn report to the Secretary of State on a form prescribed by the Secretary, certifying that the test or tests were requested pursuant to subsection (a) and the person refused to submit to a test or tests or submitted to testing which disclosed an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in such person’s blood or urine, resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or SB0682 EngrossedEnrolled - 95 - LRB095 04306 DRH 31220 b an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.
In cases where the blood alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound resulting from the unlawful use or consumption of cannabis as listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, is established by a subsequent analysis of blood or urine collected at the time of arrest, the arresting officer shall give notice as provided in this Section or by deposit in the United States mail of such notice in an envelope with postage prepaid and addressed to such person at his address as shown on SB0682 EngrossedEnrolled - 96 - LRB095 04306 DRH 31220 b the Uniform Traffic Ticket and the suspension and disqualification shall be effective on the 46th day following the date notice was given.
The SB0682 EngrossedEnrolled - 97 - LRB095 04306 DRH 31220 b provisions of Section 6-206 of this Code shall apply.
(a) A person who is less than 21 years of age and who drives or is in actual physical control of a motor vehicle upon the public highways of this State shall be deemed to have given consent to a chemical test or tests of blood, breath, or urine for the purpose of determining the alcohol content of the person’s blood if arrested, as evidenced by the issuance of a SB0682 EngrossedEnrolled - 98 - LRB095 04306 DRH 31220 b Uniform Traffic Ticket for any violation of the Illinois Vehicle Code or a similar provision of a local ordinance, if a police officer has probable cause to believe that the driver has consumed any amount of an alcoholic beverage based upon evidence of the driver’s physical condition or other first hand knowledge of the police officer.
The Director of State Police is authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct analyses, to issue permits that shall be subject to SB0682 EngrossedEnrolled - 99 - LRB095 04306 DRH 31220 b termination or revocation at the direction of that Department, and to certify the accuracy of breath testing equipment.
(v) Alcohol concentration means either grams of SB0682 EngrossedEnrolled - 100 - LRB095 04306 DRH 31220 b alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
(d) If the person refuses testing or submits to a test that discloses an alcohol concentration of more than 0.00, the law enforcement officer shall immediately submit a sworn report to SB0682 EngrossedEnrolled - 101 - LRB095 04306 DRH 31220 b the Secretary of State on a form prescribed by the Secretary of State, certifying that the test or tests were requested under subsection (a) and the person refused to submit to a test or tests or submitted to testing which disclosed an alcohol concentration of more than 0.00.
Department of Transportation, and the affected driver or motor carrier or prospective motor carrier upon SB0682 EngrossedEnrolled - 102 - LRB095 04306 DRH 31220 b request.
(e) A driver may contest this suspension and SB0682 EngrossedEnrolled - 103 - LRB095 04306 DRH 31220 b disqualification driver’s license sanction by requesting an administrative hearing with the Secretary of State in accordance with Section 2-118 of this Code.
and (3) whether the police officer had probable cause to believe that the driver had consumed any amount of an alcoholic beverage based upon the driver’s physical SB0682 EngrossedEnrolled - 104 - LRB095 04306 DRH 31220 b actions or other first-hand knowledge of the police officer;
Failure of the officer to SB0682 EngrossedEnrolled - 105 - LRB095 04306 DRH 31220 b answer the subpoena shall be grounds for a continuance if, in the hearing officer’s discretion, the continuance is appropriate.
However, the results of the testing may not be used to impose driver’s license sanctions SB0682 EngrossedEnrolled - 106 - LRB095 04306 DRH 31220 b under Section 11-501.1 of this Code.
SB0682 EngrossedEnrolled - 107 - LRB095 04306 DRH 31220 b INDEX Statutes amended in order of appearance 625 ILCS 5/1-111.6 625 ILCS 5/6-113 from Ch.
11-501.1 SB0682 EngrossedEnrolled - 108 - LRB095 04306 DRH 31220 b 625 ILCS 5/11-501.6 from Ch.
Show all 108 changed rows (68 more)
Action History
-
Public Act . . . . . . . . . 95-0382
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Effective Date August 23, 2007
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Third Reading - Short Debate - Passed 116-000-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Fiscal Note Filed
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Transportation and Motor Vehicles Committee; 016-000-000
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Re-assigned to Transportation and Motor Vehicles Committee
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Assigned to Executive Committee
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Robert F. Flider
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Placed on Calendar Order of First Reading
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Arrived in House
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Third Reading - Passed; 057-000-000
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Placed on Calendar Order of 3rd Reading March 21, 2007
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Second Reading
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Placed on Calendar Order of 2nd Reading March 15, 2007
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Do Pass Transportation; 009-000-000
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Assigned to Transportation
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Referred to Rules
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First Reading
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Filed with Secretary by Sen. Michael Bond
Sponsors
- Michael Bond · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- Michael Bond
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 103 | 0 | 0 | 2 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 116 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Graham | — | Not Voting |
| Hassert | — | Yea |
| Myers | — | Yea |
| Jakobsson | — | Yea |
| Jefferies | — | Yea |
| Jefferson | — | Yea |
| Krause | — | Yea |
| Lang | — | Yea |
| Leitch | — | Yea |
| May | — | Yea |
| McAuliffe | — | Yea |
| McCarthy | — | Yea |
| Mendoza | — | Yea |
| Schock | — | Yea |
| Scully | — | Yea |
| Reitz | — | Yea |
| Lyons | — | Yea |
| McGuire | — | Yea |
| Bradley, John | — | Yea |
| Dugan | — | Yea |
| Dunkin | — | Yea |
| Dunn | — | Yea |
| Durkin | — | Yea |
| Eddy | — | Yea |
| Flider | — | Yea |
| Flowers | — | Yea |
| Fortner | — | Yea |
| Franks | — | Yea |
| Fritchey | — | Yea |
| Bradley, Richard | — | Yea |
| Brady | — | Yea |
| Mitchell, Bill | — | Yea |
| Madigan | — | Yea |
| Meyer | — | Yea |
| Mitchell, Jerry | — | Yea |
| Moffitt | — | Yea |
| Mulligan | — | Yea |
| Burke | — | Yea |
| Sullivan | — | Yea |
| Munson | — | Yea |
| Nekritz | — | Yea |
| Hannig | — | Yea |
| Harris | — | Yea |
| Patterson | — | Not Voting |
| Phelps | — | Yea |
| Hernandez | — | Yea |
| Pihos | — | Yea |
| Sommer | — | Yea |
| Soto | — | Yea |
| Tryon | — | Yea |
| Watson | — | Yea |
| Howard | — | Yea |
| Turner | — | Yea |
| Verschoore | — | Yea |
| Wait | — | Yea |
| Washington | — | Yea |
| Davis, Monique | — | Yea |
| Yarbrough | — | Yea |
| Younge | — | Yea |
| Coladipietro | — | Yea |
| Cole | — | Yea |
| Cross | — | Yea |
| Cultra | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Froehlich | — | Yea |
| Golar | — | Yea |
| Gordon | — | Yea |
| Granberg | — | Yea |
| Hamos | — | Yea |
| Holbrook | — | Yea |
| Kosel | — | Yea |
| Osmond | — | Yea |
| Osterman | — | Yea |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Ramey | — | Yea |
| Reboletti | — | Yea |
| Reis | — | Yea |
| Riley | — | Yea |
| Ryg | — | Yea |
| Sacia | — | Yea |
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Winters | — | Yea |
| Lindner | — | Yea |
| Acevedo | — | Yea |
| Arroyo | — | Yea |
| Bassi | — | Yea |
| Beaubien | — | Yea |
| Beiser | — | Yea |
| Mathias | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Biggins | — | Yea |
| Mautino | — | Yea |
| Black | — | Yea |
| Boland | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| Colvin | — | Yea |
| Coulson | — | Yea |
| Molaro | — | Yea |
| Chapa LaVia | — | Yea |
| Fred Crespo | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Yea |
| Jil Tracy | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 49 | 0 | 0 | 0 |
| Democrat | 7 | 0 | 0 | 2 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 57 | 0 | 0 | 2 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Halvorson | — | Yea |
| Luechtefeld | — | Yea |
| Maloney | — | Yea |
| Meeks | — | Yea |
| Millner | — | Yea |
| Noland | — | Yea |
| Peterson | — | Yea |
| Radogno | — | Yea |
| Brady | — | Yea |
| Schoenberg | — | Yea |
| Sieben | — | Yea |
| Silverstein | — | Yea |
| Trotter | — | Yea |
| Sullivan | — | Yea |
| Munoz | — | Yea |
| Viverito | — | Yea |
| Wilhelmi | — | Yea |
| Cullerton | — | Yea |
| Jacobs | — | Yea |
| Watson | — | Yea |
| Jones, J. | — | Yea |
| Clayborne | — | Yea |
| Cronin | — | Yea |
| Crotty | — | Yea |
| Dahl | — | Yea |
| DeLeo | — | Yea |
| Forby | — | Yea |
| Garrett | — | Yea |
| Haine | — | Yea |
| Hendon | — | Yea |
| Hultgren | — | Yea |
| Demuzio | — | Yea |
| Kotowski | — | Yea |
| Lauzen | — | Yea |
| Dillard | — | Yea |
| Pankau | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Risinger | — | Yea |
| Ronen | — | Yea |
| Rutherford | — | Yea |
| Sandoval | — | Yea |
| Link | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bomke | — | Yea |
| Bond | — | Yea |
| Burzynski | — | Yea |
| Frerichs | — | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Not Voting |
| Eva-Dina Delgado | Democrat | Not Voting |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 682 do?
- Amends the Illinois Vehicle Code. Changes several provisions to bring them into compliance with the Federal Motor Carrier Safety Development Act of 1999. Provides that the prohibition against driving under the influence of alcohol or drugs applies to driving under the influence of methamphetamine. Makes corresponding changes. Effective immediately.
- Who sponsors SB 682?
- SB 682 is sponsored by Michael Bond.
- What is the current status of SB 682?
- This bill has been enacted into law. Introduced February 08, 2007. Enacted.
- Where can I track SB 682?
- Track SB 682 free on One Click Politics — get push/email alerts when it moves.
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