Section 1001.444 Monitoring Device Driving Permit (MDDP) Provisions

Section 1001.444  Monitoring Device Driving Permit (MDDP)

Provisions

a)         Breath

Alcohol Ignition Interlock Device (BAIID) Required for Issuance; Fee Required

1)         The

Secretary shall notify a first offender (MDDP offender), as defined in IVC Section

11-500, that he or she will be issued an MDDP. The issuance of the MDDP shall

be conditioned on the installation and use of a BAIID in any vehicle operated,

as required by IVC Section 6-206.1.  Only BAIIDs certified by the Secretary

under Section 1001.442 of this Part may be utilized.  As provided in IVC Section

6-206.1, an MDDP offender must pay a non-refundable fee in an amount equal to

$30 per month times the number of months or any portion of a month remaining on

the statutory summary suspension at the time the Secretary issues the MDDP.  No

fee will be charged for any month in which the Secretary issues the MDDP on or

after the 20

th

day of that month.  This total, one time payment for

each MDDP issued must be paid in advance and prior to the issuance of the

MDDP.  Payment must be submitted in the form of a money order, check or credit

card charge (with a pre-approved card), made payable to the Secretary of

State.

2)         Any

MDDP holder whose summary suspension is extended or who is re-suspended as

provided for in IVC Section 6-206.1 and who applies for and obtains an

extension or re-issuance of an MDDP, shall likewise be required to pay the

non-refundable fee for the length of the period of extension or re-suspension

under the same terms and conditions as stated in subsection (a)(1).  Any such

suspension will not be terminated until payment of any and all fees due under

this Section is made.

3)         Any

MDDP offender whose driving privileges are otherwise suspended, revoked,

cancelled or become otherwise invalid is not eligible to receive an MDDP

r the length of the period of extension or re-suspension

under the same terms and conditions as stated in subsection (a)(1).  Any such

suspension will not be terminated until payment of any and all fees due under

this Section is made.

3)         Any

MDDP offender whose driving privileges are otherwise suspended, revoked,

cancelled or become otherwise invalid is not eligible to receive an MDDP.

4)         Any

MDDP shall be invalid and must be surrendered to the Secretary if an MDDP

holder's driving privileges subsequently are suspended, revoked, cancelled or

become otherwise invalid under any provision of the IVC, during the issuance

period of the MDDP.  This includes a conviction and subsequent revocation of

driving privileges for the DUI arrest that resulted in the issuance of the

MDDP. The MDDP offender, including an MDDP holder that surrendered his or her

MDDP prior to the suspension, revocation, cancellation or invalidation of

driving privileges, may petition, at a formal hearing conducted pursuant to IVC

Section 2-118, for a restricted driving permit during the period of suspension,

revocation, cancellation or invalidation, if available pursuant to the IVC.

In order to obtain a restricted driving permit pursuant to this Section, the

MDDP offender must also satisfy the other provisions of this Part.  Further,

should a restricted driving permit be granted, the MDDP offender may only

operate vehicles in which a properly working BAIID has been installed and is

subject to all of the provisions of the BAIID program.

5)         Any

MDDP holder whose MDDP is invalidated as provided in subsection (a)(4), except

those MDDP holders cancelled under IVC Section 6-206.1(c-1), may obtain another

MDDP upon termination of the sanction that led to the invalidation as long as

the offender is still eligible for an MDDP.  The offender must notify the

Secretary in writing and submit the statutory permit fee.  Upon issuance of an

MDDP, the MDDP holder is subject to all of the provisions of this Section

4), except

those MDDP holders cancelled under IVC Section 6-206.1(c-1), may obtain another

MDDP upon termination of the sanction that led to the invalidation as long as

the offender is still eligible for an MDDP.  The offender must notify the

Secretary in writing and submit the statutory permit fee.  Upon issuance of an

MDDP, the MDDP holder is subject to all of the provisions of this Section.

6)         The

MDDP holder may voluntarily terminate participation in the MDDP program by

written notification and surrender of the permit to the Secretary's BAIID

Division.  This voluntary termination does not in any way affect any sanction

imposed under this Section.  An offender may also resume participation by

notifying the BAIID Division in writing, but may do so only once during the

term of the suspension, extension or re-suspension due to a violation of the

program.

b)         Compliance −

Installation of BAIID/Notification to the Secretary

1)         The

MDDP Holder.  Upon the issuance of an MDDP under this Section, the Secretary

shall make available a list of certified BAIID providers to the MDDP holder.

The MDDP holder may operate the vehicle for 14 days from the issuance date

stated on the MDDP without the BAIID installed solely for the purpose of taking

the vehicle to a BAIID provider or installer for installation of the BAIID.

The MDDP holder must be the individual who takes the vehicle to the installer

to have the BAIID installed and must have a reference image taken by the

installer at the time of installation.  Failure to comply with this requirement

will result in the cancellation of the MDDP issued.

2)         The Installer/BAIID

Provider

vehicle to a BAIID provider or installer for installation of the BAIID.

The MDDP holder must be the individual who takes the vehicle to the installer

to have the BAIID installed and must have a reference image taken by the

installer at the time of installation.  Failure to comply with this requirement

will result in the cancellation of the MDDP issued.

2)         The Installer/BAIID

Provider.  A BAIID provider or installer must:

A)        Be

qualified and comply with all of the procedures and responsibilities set forth

in Section 1001.442;

B)        Within

7 days after the date of the installation of the BAIID, notify the Secretary,

in a manner and form specified by the Secretary, that a BAIID has been

installed in the vehicles designated by the MDDP offender;

C)        Upon

notification from the MDDP holder, as evidenced by the written form from the

Secretary that the MDDP holder has been found to be indigent, not charge the

MDDP holder for any installation, monthly monitoring, deinstallation fees, or

security deposit that exceeds one month's BAIID rental fee. This waiver of

charges and fees is limited to one vehicle per MDDP holder;

D)        Upon

request, make records available to ensure compliance with the required payments

to and reimbursements from the Indigent BAIID Fund.

c)         Compliance

− Driving with BAIID.  Any MDDP offender receiving an MDDP under this

Section must comply with the following requirements:

1)         Operate

only vehicles with an installed, operating BAIID certified by the Secretary

whether the vehicle is owned, rented, leased, loaned or otherwise in the

possession of the MDDP holder, as required by the MDDP issued under this

Section

c)         Compliance

− Driving with BAIID.  Any MDDP offender receiving an MDDP under this

Section must comply with the following requirements:

1)         Operate

only vehicles with an installed, operating BAIID certified by the Secretary

whether the vehicle is owned, rented, leased, loaned or otherwise in the

possession of the MDDP holder, as required by the MDDP issued under this

Section.

2)         Except

when a BAIID has been installed that may be read remotely, either take any and

all vehicles operated by the MDDP holder and with a BAIID installed or send the

BAIID to the BAIID provider or installer at least every 60 days, which shall be

referred to as the monitoring period, commencing with the date of installation,

for the purposes of calibration and having a monitor report of the BAIID's

activity prepared and sent to the Secretary by the BAIID provider or installer.

The monitoring period will be 30 days for any MDDP holder whose summary

suspension is extended or who is re-suspended for a violation of the MDDP

program.

3)         If a

BAIID has been installed that permits the MDDP offender to mail in a portion of

the BAIID to be read and calibrated, or that allows the BAIID to be read

remotely, bring the vehicle into a BAIID installation site at least once every

6 months so that the BAIID and all related wiring and connections may be

inspected for signs of tampering or circumvention.

4)         Within

5 working days after any service or inspection notification, take the vehicle

with the BAIID, installed to the BAIID provider or installer or send the

appropriate portion of the BAIID to the BAIID provider or installer as

instructed for a monitor report.

5)         Maintain

a journal of events recording unsuccessful attempts to start the vehicle,

failures to successfully complete a running retest, any problems with the BAIID,

and the name of the driver operating the vehicle at the time of the

event

e BAIID provider or installer or send the

appropriate portion of the BAIID to the BAIID provider or installer as

instructed for a monitor report.

5)         Maintain

a journal of events recording unsuccessful attempts to start the vehicle,

failures to successfully complete a running retest, any problems with the BAIID,

and the name of the driver operating the vehicle at the time of the

event.  If BAIIDs have been installed on multiple vehicles, a separate

journal must be kept for each vehicle, recording unsuccessful attempts to start

the vehicle, failures to successfully complete a running retest, any problems

with the BAIID, and the name of the driver operating the vehicle at the time of

the event.

6)         Ensure

that the BAIID camera is aimed, and the person using the BAIID is situated, so

that the camera captures a clear and accurate image of the individual blowing

into the BAIID, including a sufficiently wide angle that it will be possible to

determine whether the individual blowing into the BAIID is seated in the

driver's seat and whether a circumvention device has been inserted into the

mouthpiece of the BAIID.

7)         Shall

not have a BAIID removed or deinstalled from a vehicle prior to notifying the

Secretary and surrendering the MDDP to the Secretary or the Secretary's

designee.

8)         Shall

not commit any of the violations listed in subsection (d).

d)         Violations.

Any of the following, when committed by an MDDP holder, constitutes a violation

of the MDDP program:

1)         A

conviction or court supervision for any of the offenses listed in IVC Section

6-206.1(c-1);

2)         Tampering

or attempting to tamper with, or unauthorized circumvention of, the BAIID,

including the use of any product intended to prevent accurate readings by the

BAIID;

3)         A violation of IVC Section

6-206.2;

4)         10 or

more unsuccessful attempts to start the vehicle with a BAIID installed within a

30 day period, excluding a BrAC reading of 0.05 or more;

5)         5 or

Tampering

or attempting to tamper with, or unauthorized circumvention of, the BAIID,

including the use of any product intended to prevent accurate readings by the

BAIID;

3)         A violation of IVC Section

6-206.2;

4)         10 or

more unsuccessful attempts to start the vehicle with a BAIID installed within a

30 day period, excluding a BrAC reading of 0.05 or more;

5)         5 or

more unsuccessful attempts to start the vehicle within a 24 hour period,

excluding a BrAC reading of 0.05 or more;

6)         A BrAC reading of 0.05

or more;

7)         Failing a running

retest, or failing to take a running retest;

8)         Removing the BAIID

without authorization from the Secretary;

9)         Failing to utilize the

BAIID as required;

10)         Failing

to submit a BAIID for a monitor report in a timely manner;

11)         Failing

to bring a vehicle into a BAIID installation site at least once every 6 months

so that the BAIID and all related wiring and connections may be inspected for

signs of tampering or circumvention;

12)        Preventing

the camera from taking clear and accurate images of the permittee blowing into

the mouthpiece, including a sufficiently wide angle that it will be possible to

determine whether the individual blowing into the BAIID is seated in the

driver's seat and whether a circumvention device has been inserted into the

mouthpiece of the BAIID.

e)       Sanctions

Upon Commission of a Violation.  Upon notification of any of the violations in

subsection (d), the Secretary shall take the following action:

1)           For

a conviction or court supervision for any of the offenses listed in IVC Section

6-206.1(c-1), or a notification from a BAIID provider or installer that a

physical inspection of any BAIID permittee's vehicle showed any tampering with

or unauthorized circumvention of the BAIID, immediately cancel the MDDP, extend

the suspension as provided for in IVC Section 6-206.1(1), and authorize the

immediate removal/deinstallation of the BAIID

ny of the offenses listed in IVC Section

6-206.1(c-1), or a notification from a BAIID provider or installer that a

physical inspection of any BAIID permittee's vehicle showed any tampering with

or unauthorized circumvention of the BAIID, immediately cancel the MDDP, extend

the suspension as provided for in IVC Section 6-206.1(1), and authorize the

immediate removal/deinstallation of the BAIID.  If the MDDP had expired prior

to the Secretary receiving notification of the conviction, supervision or

violation, the Secretary shall re-suspend the MDDP offender as provided for in IVC

Section 6-206.1(l). The MDDP offender may then file a petition for the issuance

of an RDP. The MDDP offender must have a formal hearing pursuant to IVC

Section 2-118 and satisfy all the requirements of this Subpart D in order to

obtain the permit.

2)           For

any MDDP holder whose monitor report or other sufficient evidence shows any

tampering or unauthorized circumvention of the BAIID, or who fails to bring his

or her vehicle in for an inspection pursuant to subsection (c)(3), send the

MDDP holder a letter asking for an explanation of the failure to bring the

vehicle in for an inspection or an explanation of the tampering or unauthorized

circumvention.  If a response is received within 21 days after the date of the

Secretary's letter and it reasonably assures the Secretary that no violation

occurred, no further action will be taken.  If a response is not received

within 21 days or does not reasonably assure the Secretary, the Secretary shall

immediately cancel the MDDP, extend the suspension as provided for in IVC Section

6-206.1(1), and authorize the immediate removal/deinstallation of the BAIID.

If the summary suspension is already terminated prior to the MDDP holder

failing to bring his or her vehicle in for an inspection pursuant to subsection

d

within 21 days or does not reasonably assure the Secretary, the Secretary shall

immediately cancel the MDDP, extend the suspension as provided for in IVC Section

6-206.1(1), and authorize the immediate removal/deinstallation of the BAIID.

If the summary suspension is already terminated prior to the MDDP holder

failing to bring his or her vehicle in for an inspection pursuant to subsection

(c)(3), or prior to the Secretary receiving the monitor report/physical inspection

showing the violation, the Secretary shall re-suspend the MDDP offender as

provided for in IVC Section 6-206.1(1).  The MDDP offender may then file a

petition for the issuance of an RDP.  The MDDP offender must have a formal

hearing pursuant to IVC Section 2-118 and satisfy all the requirements of this

Subpart D in order to obtain the RDP.

3)           For

any MDDP holder whose monitor report shows: 10 or more unsuccessful attempts to

start the vehicle with a BAIID installed, within a 30 day period; or 5 or more

unsuccessful attempts to start the vehicle with a BAIID installed, within a 24

hour period; or any single BrAC reading of 0.05 or more, send the MDDP holder a

letter asking for an explanation of the unsuccessful attempts to start the

vehicle or the BrAC reading.  If a response is received within 21 days after

the date of the Secretary's letter and it reasonably assures the Secretary that

no violation occurred, no further action will be taken.  If a response is not

received within 21 days or does not reasonably assure the Secretary, the

Secretary shall extend the summary suspension for 3 months.  If the summary

suspension is already terminated prior to the Secretary receiving the monitor

report showing the violation, the Secretary shall re-suspend for 3 months.

Should any monitor report show multiple violations, each violation provided for

in this subsection shall be a separate violation requiring a separate 3 month

extension or re-suspension

end the summary suspension for 3 months.  If the summary

suspension is already terminated prior to the Secretary receiving the monitor

report showing the violation, the Secretary shall re-suspend for 3 months.

Should any monitor report show multiple violations, each violation provided for

in this subsection shall be a separate violation requiring a separate 3 month

extension or re-suspension.

4)           For

any MDDP holder whose monitor reports show a failure to successfully complete a

running retest, send the MDDP holder a letter asking for an explanation of the

failure to successfully complete a running retest.  If a response is received

within 21 days after the date of the Secretary's letter and it reasonably

assures the Secretary that no violation occurred, no further action will be

taken. If a response is not received within 21 days or does not reasonably

assure the Secretary, the Secretary shall extend the summary suspension for 3

months.  If the summary suspension is already terminated prior to the Secretary

receiving the monitor report showing the violation, the Secretary shall

re-suspend for 3 months.

5)           For

a removal/deinstallation of a BAIID without authorization, including a removal

or deinstallation caused by the MDDP holder's failure to pay lease or rental

fees due to the BAIID provider, the Secretary shall immediately cancel the

MDDP.

6)           For

a failure to utilize the BAIID by the MDDP holder as required, the Secretary

shall extend the summary suspension for 3 months.  If the summary suspension is

already terminated prior to the Secretary receiving the monitor report showing

the violation, the Secretary shall re-suspend for 3 months

l

fees due to the BAIID provider, the Secretary shall immediately cancel the

MDDP.

6)           For

a failure to utilize the BAIID by the MDDP holder as required, the Secretary

shall extend the summary suspension for 3 months.  If the summary suspension is

already terminated prior to the Secretary receiving the monitor report showing

the violation, the Secretary shall re-suspend for 3 months.

7)           For

a failure to submit a BAIID for a monitor report in a timely manner, the

following procedure will be followed:  unless notified by a BAIID provider that

the BAIID has been removed, all monitor reports shall be submitted to the

Secretary within 37 days after installation and within every 37 days thereafter.

If the Secretary fails to receive an MDDP holder's monitor reports within the

37 days, the Secretary will conduct an informal inquiry (will attempt to

contact the BAIID provider and MDDP holder by telephone or e-mail) for the

purpose of determining the cause for this failure.  If it is determined or if

it appears that the MDDP holder failed to take in a vehicle with the BAIID or

send the BAIID in for timely monitor reports, then the Secretary will send a

letter to the MDDP holder stating that, if the BAIID is not taken in for a

monitor report within 10 days after the date of the letter, the Secretary will

extend the summary suspension for 3 months, or, if the summary suspension is

already terminated prior to the Secretary receiving the monitor report showing

the violation, the Secretary will re-suspend for 3 months. If the MDDP holder

cannot be located or does not respond to the Secretary's request for

information, the MDDP shall be cancelled or, if the MDDP has expired, the

Secretary shall re-suspend the MDDP as provided for in IVC Section 6-206.1(l).

8)         Violations

detected in any one monitoring period shall not, however, result in extensions

or re-suspensions totaling more than six months, except as provided in

subsection (e)(10)

or does not respond to the Secretary's request for

information, the MDDP shall be cancelled or, if the MDDP has expired, the

Secretary shall re-suspend the MDDP as provided for in IVC Section 6-206.1(l).

8)         Violations

detected in any one monitoring period shall not, however, result in extensions

or re-suspensions totaling more than six months, except as provided in

subsection (e)(10).

9)         If

the MDDP holder is re-suspended for a violation that was not reported to the

Secretary until after the termination of the MDDP holder's summary suspension,

the MDDP holder may obtain another MDDP by notifying the Secretary in writing

and submitting all required fees.

10)       When

an image shows that the MDDP permittee has utilized any product that allows the

permittee to avoid blowing directly into the mouthpiece of the BAIID, or when

any step has been taken to prevent a clear and accurate image of the driver and

mouthpiece, the Secretary shall extend the summary suspension for 3 months.

f)         Hearing

to Contest Cancellation of MDDP or Extension of the Summary Suspension.  Any

MDDP holder whose summary suspension is extended or re-suspended, or whose MDDP

is cancelled as provided for in this Section, may request a hearing to contest

that action.  A written request, along with the $50 filing fee, must be

received or postmarked within 30 days from the effective date of the extension,

re-suspension or cancellation.  The hearing will be conducted as any other

formal hearing under this Part.

g)         MDDPs

− Content

r re-suspended, or whose MDDP

is cancelled as provided for in this Section, may request a hearing to contest

that action.  A written request, along with the $50 filing fee, must be

received or postmarked within 30 days from the effective date of the extension,

re-suspension or cancellation.  The hearing will be conducted as any other

formal hearing under this Part.

g)         MDDPs

− Content.  Any MDDPs issued as provided for in this Section shall, in

addition to all other requirements, state at a minimum that:

1)         The

MDDP is issued pursuant to the BAIID requirements of this Section and that a

vehicle operated by an MDDP holder must be equipped with a certified,

installed, properly operating BAIID;

2)         The

provisions of the MDDP also allow the MDDP holder to drive to and from the

BAIID provider or installer for the purpose of installing the BAIID within 14

days after the issuance date on the MDDP;

3)         Once

the BAIID is installed, the MDDP holder may drive the vehicle with the BAIID

properly installed for any purpose and at any time;

4)         If

applicable, the MDDP holder qualifies for any modification or waiver of BAIID,

as provided in subsection (i), or employment exemption from BAIID, as provided

in subsection (j).

h)         Use

of Monitor Reports.  The Secretary shall gather all available monitor reports

and images, and any other information relative to the MDDP holder's performance

and compliance with the BAIID requirements under this Subpart D.  The reports,

images and information may be used as evidence at any administrative hearing

conducted by the Secretary under this Part.

i)          Modification

or Waiver of BAIID.  Upon request of the MDDP holder, the Secretary may

consider a medical or physical BAIID modification or waiver for an MDDP issued

under this Section

and compliance with the BAIID requirements under this Subpart D.  The reports,

images and information may be used as evidence at any administrative hearing

conducted by the Secretary under this Part.

i)          Modification

or Waiver of BAIID.  Upon request of the MDDP holder, the Secretary may

consider a medical or physical BAIID modification or waiver for an MDDP issued

under this Section.  When an MDDP holder provides a report from a physician

stating that the MDDP holder is physically unable to produce an adequate breath

sample to operate the BAIID, the Secretary may allow the MDDP holder to install

a BAIID that operates with a lower breath sample requirement.  When an MDDP

holder is the owner of only one vehicle, this modification may also be granted

if an immediate family member who resides with the MDDP holder must drive the

vehicle and the immediate family member is unable to provide an adequate breath

sample to operate the BAIID.  The Secretary may, at his or her discretion,

obtain a review of the physician's report by the Secretary's Medical Advisory

Board.

j)          Employment

Exemption from BAIID Requirements.  In determining whether an MDDP holder is

exempt from the BAIID requirements pursuant to the waiver provided for in IVC Section

6-206.1, the following shall apply:

1)         The

term "employer" shall not include an entity owned or controlled in

whole or in part by the MDDP holder or any member of the MDDP holder's

immediate family, unless the entity is a corporation and the MDDP holder and

the MDDP holder's immediate family own a total of less than 5% of the

outstanding shares of stock in the corporation

IVC Section

6-206.1, the following shall apply:

1)         The

term "employer" shall not include an entity owned or controlled in

whole or in part by the MDDP holder or any member of the MDDP holder's

immediate family, unless the entity is a corporation and the MDDP holder and

the MDDP holder's immediate family own a total of less than 5% of the

outstanding shares of stock in the corporation.  Immediate family shall include

spouse, children, children's spouses, parents, spouse's parents, siblings,

siblings' spouses and spouse's siblings;

2)         The

exemption shall not apply when the employer's vehicle is assigned exclusively

to the MDDP holder, or the MDDP holder uses the vehicle for commuting to and

from employment or for other personal use and

no person may drive the

exempted vehicle more than 12 hours per day, 6 days per week

[625 ILCS

5/6-206.1(a-2)];

3)         Appropriate

limits will be established for necessary on-the-job driving.  The days, hours

and mileage limits will not exceed those necessary for the accomplishment of

the MDDP holder's primary employment;

4)         This

exemption is subject to termination if the Secretary obtains or receives

credible evidence that it is being abused or violated by the MDDP holder, such

as, but not limited to, driving outside the scope of his or her employment, or

driving the employer's vehicle from his or her residence to the place of

employment.  Upon obtaining or receiving credible evidence of the abuse or

violation of an exemption, the Secretary shall send the MDDP holder a letter

that requests a response to the evidence.  If a response is received within 21

days after the date of the Secretary's letter and it reasonably assures the

Secretary that an abuse or a violation did not occur, no further action will be

taken

f

employment.  Upon obtaining or receiving credible evidence of the abuse or

violation of an exemption, the Secretary shall send the MDDP holder a letter

that requests a response to the evidence.  If a response is received within 21

days after the date of the Secretary's letter and it reasonably assures the

Secretary that an abuse or a violation did not occur, no further action will be

taken. If a response is not received within 21 days or does not reasonably

assure the Secretary, the Secretary shall immediately terminate the exemption;

5)         The

Secretary will also inform the MDDP holder whose employment exemption is

terminated that he or she remains eligible to have a BAIID installed in his or

her personal vehicle and the employer's vehicle without a hearing. Failure to

have the BAIID installed by the date designated by the Secretary will result in

the termination of the MDDP;

6)         The

denial of an exemption and the termination of an exemption may be contested

pursuant to Section 1001.441(k);

7)         An

exemption also will be granted to an MDDP holder who can prove that his or her

duties include test driving vehicles not owned by the permittee. The exemption

will be limited to this purpose, and to no more than a 5 mile radius from the

permittee's place of employment.

k)         Decertification

of BAIID Provider or BAIID and Denial of BAIID Provider Certification or BAIID

Certification.  The Secretary must notify the MDDP holder of the

decertification or denial of certification of a BAIID provider or of a

particular type of BAIID.  The MDDP holder must then select a new BAIID

provider or type of BAIID from the list of approved BAIID providers maintained

by the Secretary.  The MDDP holder must inform the Secretary of that selection

within 7 days after the receipt of notification from the Secretary

tify the MDDP holder of the

decertification or denial of certification of a BAIID provider or of a

particular type of BAIID.  The MDDP holder must then select a new BAIID

provider or type of BAIID from the list of approved BAIID providers maintained

by the Secretary.  The MDDP holder must inform the Secretary of that selection

within 7 days after the receipt of notification from the Secretary.  The MDDP

holder must complete registration with a new BAIID provider and/or installation

of a new BAIID within 21 days after the receipt of the notification from the

Secretary.  Failure to complete these steps within the 21-day period may result

in cancellation of the MDDP holder's MDDP.  All costs related to any change in

a BAIID provider or a BAIID shall be paid by the MDDP holder, unless the

Secretary has deemed the MDDP holder indigent.

l)          Indigent BAIID Fund

1)         Any

BAIID provider who installs a BAIID under the MDDP program must pay 5% of the total

gross revenue received by each contract entered into with an MDDP holder who is

not found to be indigent by the Secretary, referred to in this subsection as

the surcharge.

A)        The

surcharge shall include only those fees normally charged an MDDP holder for

installation, monthly rental and monitoring, and deinstallation of the BAIID

during the term of the MDDP holder's statutory summary suspension.

B)        The

surcharge shall be submitted to the Secretary by the 8

th

of each

month and shall include all surcharges incurred during the previous month.  The

surcharge must be submitted in the form of a check, made payable to the

Secretary of State, or by electronic transfer as agreed to by the Secretary and

the BAIID provider.

C)        Should

the summary suspension of an MDDP holder be extended or a re-suspension issued

under the MDDP program and the holder continue to participate in the program,

the surcharge is due for the period of extension or re-suspension

e submitted in the form of a check, made payable to the

Secretary of State, or by electronic transfer as agreed to by the Secretary and

the BAIID provider.

C)        Should

the summary suspension of an MDDP holder be extended or a re-suspension issued

under the MDDP program and the holder continue to participate in the program,

the surcharge is due for the period of extension or re-suspension.

2)         Any

BAIID provider who installs a BAIID under the MDDP program for an MDDP holder

who has been found to be indigent by the Secretary may apply for reimbursement

for any fees incurred as set out in subsection (b)(2)(C).  A provider must

submit an invoice to the Secretary by the 8

th

of the month following

the end of each quarter of the Secretary of State's fiscal year, which must

include the name and driver's license number of each indigent client, as well

as a brief description of the services provided and the date those services

were rendered.  The Secretary will authorize payments in accordance with IVC Section

6-206.1(o).  No payment for the quarter may be authorized if the provider fails

to submit an invoice within the time set forth in this subsection (l)(2)

or if the provider fails to submit a check or electronic

transfer for the surcharge within the time frame set forth in subsection

(l)(1)(B)

.  If a provider has submitted an invoice to the Secretary that

under-reports the number of indigent clients served in the previous quarter,

the provider may not submit a subsequent invoice seeking reimbursement for

services provided to the unreported indigent clients.

3)         The

Secretary may audit the records of BAIID providers or installers to ensure

compliance with the required payments to and reimbursements from the Indigent

BAIID Fund

tary that

under-reports the number of indigent clients served in the previous quarter,

the provider may not submit a subsequent invoice seeking reimbursement for

services provided to the unreported indigent clients.

3)         The

Secretary may audit the records of BAIID providers or installers to ensure

compliance with the required payments to and reimbursements from the Indigent

BAIID Fund.

4)         An

MDDP offender may be declared indigent by the Secretary if the MDDP offender's

total monthly income is 150% or less of the federal poverty guidelines, as

evidenced by a certified transcript of the United States or State of Illinois tax return for the most recently completed calendar year.

A)        For

an MDDP offender who has not filed a United States or State of Illinois tax return for the most recently completed calendar year, indigency may be

declared if:

i)          The

MDDP offender is currently receiving Temporary Assistance to Needy Families

(TANF) benefits, as evidenced by documentation from the Illinois Department of

Human Services;

ii)         The

MDDP offender is currently receiving Supplemental Nutrition Assistance Program

(SNAP) benefits, as evidenced by documentation from the Illinois Department of

Human Services.

B)        For

the MDDP offender who has not filed a United States or State of Illinois tax

return for the most recently completed calendar year and is not currently

receiving TANF or SNAP benefits, indigency may be declared if the MDDP offender

is receiving Supplemental Security Income (SSI) from the Social Security

Administration and the MDDP offender completes an affidavit under penalty of

perjury swearing the total amount of income received from all sources,

including SSI, is 150% or less of the federal poverty guidelines.

5)         An

MDDP holder's indigency status shall be valid for the length of the MDDP

if the MDDP offender

is receiving Supplemental Security Income (SSI) from the Social Security

Administration and the MDDP offender completes an affidavit under penalty of

perjury swearing the total amount of income received from all sources,

including SSI, is 150% or less of the federal poverty guidelines.

5)         An

MDDP holder's indigency status shall be valid for the length of the MDDP. Any

MDDP holder whose summary suspension is extended beyond the length of the MDDP,

who wishes to continue participation in the MDDP program and wishes to be

declared indigent, must submit current documentation as set forth in subsection

(l)(4).

m)        Reciprocity

with Other States.  The Secretary will honor the BAIID requirements imposed by

other states on Illinois drivers and drivers licensed in other states, for

offenses committed in other states, and will reciprocate other states'

recognition of BAIID requirements imposed by Illinois on drivers licensed in Illinois, or licensed in other states for offenses committed in Illinois.