Illinois General Assembly - Full Text of HB4374
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Full Text of HB4374  100th General Assembly

HB4374 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4374

 

Introduced , by Rep. Peter Breen

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-109
625 ILCS 5/6-115  from Ch. 95 1/2, par. 6-115

    Amends the Illinois Vehicle Code. Provides that the Secretary of State shall examine every licensed driver at least every 16 (rather than 8) years. Provides that except as otherwise provided in the Code, every driver's license issued under the Code shall expire 8 (rather than 4) years from the date of issuance. Removes a provision allowing the Secretary to issue to a person not previously licensed as a driver in Illinois a driver's license which will expire not less than 4 years and not more than 5 years from the date of issuance.


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A BILL FOR

 

HB4374LRB100 17283 LNS 32444 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 6-109 and 6-115 as follows:
 
6    (625 ILCS 5/6-109)
7    Sec. 6-109. Examination of Applicants.
8    (a) The Secretary of State shall examine every applicant
9for a driver's license or permit who has not been previously
10licensed as a driver under the laws of this State or any other
11state or country, or any applicant for renewal of such driver's
12license or permit when such license or permit has been expired
13for more than one year. The Secretary of State shall, subject
14to the provisions of paragraph (c), examine every licensed
15driver at least every 16 8 years, and may examine or re-examine
16any other applicant or licensed driver, provided that during
17the years 1984 through 1991 those drivers issued a license for
183 years may be re-examined not less than every 7 years or more
19than every 10 years.
20    The Secretary of State shall require the testing of the
21eyesight of any driver's license or permit applicant who has
22not been previously licensed as a driver under the laws of this
23State and shall promulgate rules and regulations to provide for

 

 

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1the orderly administration of all the provisions of this
2Section.
3    The Secretary of State shall include at least one test
4question that concerns the provisions of the Pedestrians with
5Disabilities Safety Act in the question pool used for the
6written portion of the drivers license examination within one
7year after July 22, 2010 (the effective date of Public Act
896-1167).
9    (b) Except as provided for those applicants in paragraph
10(c), such examination shall include a test of the applicant's
11eyesight, his ability to read and understand official traffic
12control devices, his knowledge of safe driving practices and
13the traffic laws of this State, and may include an actual
14demonstration of the applicant's ability to exercise ordinary
15and reasonable control of the operation of a motor vehicle, and
16such further physical and mental examination as the Secretary
17of State finds necessary to determine the applicant's fitness
18to operate a motor vehicle safely on the highways, except the
19examination of an applicant 75 years of age or older shall
20include an actual demonstration of the applicant's ability to
21exercise ordinary and reasonable control of the operation of a
22motor vehicle. All portions of written and verbal examinations
23under this Section, excepting where the English language
24appears on facsimiles of road signs, may be given in the
25Spanish language and, at the discretion of the Secretary of
26State, in any other language as well as in English upon request

 

 

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1of the examinee. Deaf persons who are otherwise qualified are
2not prohibited from being issued a license, other than a
3commercial driver's license, under this Code.
4    (c) Re-examination for those applicants who at the time of
5renewing their driver's license possess a driving record devoid
6of any convictions of traffic violations or evidence of
7committing an offense for which mandatory revocation would be
8required upon conviction pursuant to Section 6-205 at the time
9of renewal shall be in a manner prescribed by the Secretary in
10order to determine an applicant's ability to safely operate a
11motor vehicle, except that every applicant for the renewal of a
12driver's license who is 75 years of age or older must prove, by
13an actual demonstration, the applicant's ability to exercise
14reasonable care in the safe operation of a motor vehicle.
15    (d) In the event the applicant is not ineligible under the
16provisions of Section 6-103 to receive a driver's license, the
17Secretary of State shall make provision for giving an
18examination, either in the county where the applicant resides
19or at a place adjacent thereto reasonably convenient to the
20applicant, within not more than 30 days from the date said
21application is received.
22    (e) The Secretary of State may adopt rules regarding the
23use of foreign language interpreters during the application and
24examination process.
25(Source: P.A. 96-1167, eff. 7-22-10; 96-1231, eff. 7-23-10;
2697-333, eff. 8-12-11.)
 

 

 

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1    (625 ILCS 5/6-115)  (from Ch. 95 1/2, par. 6-115)
2    Sec. 6-115. Expiration of driver's license.
3    (a) Except as provided elsewhere in this Section, every
4driver's license issued under the provisions of this Code shall
5expire 8 4 years from the date of its issuance, or at such
6later date, as the Secretary of State may by proper rule and
7regulation designate, not to exceed 12 calendar months; in the
8event that an applicant for renewal of a driver's license fails
9to apply prior to the expiration date of the previous driver's
10license, the renewal driver's license shall expire 8 4 years
11from the expiration date of the previous driver's license, or
12at such later date as the Secretary of State may by proper rule
13and regulation designate, not to exceed 8 years from the date
14of issuance 12 calendar months.
15    The Secretary of State may, however, issue to a person not
16previously licensed as a driver in Illinois a driver's license
17which will expire not less than 4 years nor more than 5 years
18from date of issuance, except as provided elsewhere in this
19Section.
20    (a-5) Every driver's license issued under this Code to an
21applicant who is not a United States citizen or permanent
22resident shall be marked "Limited Term" and shall expire on
23whichever is the earlier date of the following:
24        (1) as provided under subsection (a), (f), (g), or (i)
25    of this Section; or

 

 

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1        (2) on the date the applicant's authorized stay in the
2    United States terminates; or
3        (3) if the applicant's authorized stay is indefinite
4    and the applicant is applying for a Limited Term REAL ID
5    compliant driver's license, one year from the date of
6    issuance of the license.
7    (b) Before the expiration of a driver's license, except
8those licenses expiring on the individual's 21st birthday, or 3
9months after the individual's 21st birthday, the holder thereof
10may apply for a renewal thereof, subject to all the provisions
11of Section 6-103, and the Secretary of State may require an
12examination of the applicant. A licensee whose driver's license
13expires on his 21st birthday, or 3 months after his 21st
14birthday, may not apply for a renewal of his driving privileges
15until he reaches the age of 21.
16    (c) The Secretary of State shall, 30 days prior to the
17expiration of a driver's license, forward to each person whose
18license is to expire a notification of the expiration of said
19license which may be presented at the time of renewal of said
20license.
21    There may be included with such notification information
22explaining the anatomical gift and Emergency Medical
23Information Card provisions of Section 6-110. The format and
24text of such information shall be prescribed by the Secretary.
25    There shall be included with such notification, for a
26period of 4 years beginning January 1, 2000 information

 

 

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1regarding the Illinois Adoption Registry and Medical
2Information Exchange established in Section 18.1 of the
3Adoption Act.
4    (d) The Secretary may defer the expiration of the driver's
5license of a licensee, spouse, and dependent children who are
6living with such licensee while on active duty, serving in the
7Armed Forces of the United States outside of the State of
8Illinois, and 120 days thereafter, upon such terms and
9conditions as the Secretary may prescribe.
10    (d-5) The Secretary may defer the expiration of the
11driver's license of a licensee, or of a spouse or dependent
12children living with the licensee, serving as a civilian
13employee of the United States Armed Forces or the United States
14Department of Defense, outside of the State of Illinois, and
15120 days thereafter, upon such terms and conditions as the
16Secretary may prescribe.
17    (e) The Secretary of State may decline to process a renewal
18of a driver's license of any person who has not paid any fee or
19tax due under this Code and is not paid upon reasonable notice
20and demand.
21    (f) The Secretary shall provide that each original or
22renewal driver's license issued to a licensee under 21 years of
23age shall expire 3 months after the licensee's 21st birthday.
24Persons whose current driver's licenses expire on their 21st
25birthday on or after January 1, 1986 shall not renew their
26driver's license before their 21st birthday, and their current

 

 

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1driver's license will be extended for an additional term of 3
2months beyond their 21st birthday. Thereafter, the expiration
3and term of the driver's license shall be governed by
4subsection (a) hereof.
5    (g) The Secretary shall provide that each original or
6renewal driver's license issued to a licensee 81 years of age
7through age 86 shall expire 2 years from the date of issuance,
8or at such later date as the Secretary may by rule and
9regulation designate, not to exceed an additional 12 calendar
10months. The Secretary shall also provide that each original or
11renewal driver's license issued to a licensee 87 years of age
12or older shall expire 12 months from the date of issuance, or
13at such later date as the Secretary may by rule and regulation
14designate, not to exceed an additional 12 calendar months.
15    (h) The Secretary of State shall provide that each special
16restricted driver's license issued under subsection (g) of
17Section 6-113 of this Code shall expire 12 months from the date
18of issuance. The Secretary shall adopt rules defining renewal
19requirements.
20    (i) The Secretary of State shall provide that each driver's
21license issued to a person convicted of a sex offense as
22defined in Section 2 of the Sex Offender Registration Act shall
23expire 12 months from the date of issuance or at such date as
24the Secretary may by rule designate, not to exceed an
25additional 12 calendar months. The Secretary may adopt rules
26defining renewal requirements.

 

 

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1(Source: P.A. 99-118, eff. 1-1-16; 99-305, eff. 1-1-16; 99-642,
2eff. 7-28-16; 100-248, eff. 8-22-17; revised 10-10-17.)