Public Act 0818 104TH GENERAL ASSEMBLY

SB3290 Enrolled LRB104 18015 LNS 31452 b

Public Act 104-0818

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Section 6-109 as follows:

(625 ILCS 5/6-109)

(Text of Section before amendment by P.A. 104-169)

Sec. 6-109. Examination of applicants.

(a) The Secretary of State shall examine every applicant for a driver's license or permit who has not been previously licensed as a driver under the laws of this State or any other state or country, or any applicant for renewal of such driver's license or permit when such license or permit has been expired for more than one year. The Secretary of State shall, subject to the provisions of paragraph (c), examine every licensed driver at least every 8 years, and may examine or re-examine any other applicant or licensed driver, provided that during the years 1984 through 1991 those drivers issued a license for 3 years may be re-examined not less than every 7 years or more than every 10 years.

The Secretary of State shall require the testing of the eyesight of any driver's license or permit applicant who has not been previously licensed as a driver under the laws of this State and shall promulgate rules and regulations to provide for the orderly administration of all the provisions of this Section.

The Secretary of State shall include at least one test question that concerns the provisions of the Pedestrians with Disabilities Safety Act in the question pool used for the written portion of the driver's license examination within one year after July 22, 2010 (the effective date of Public Act 96-1167).

The Secretary of State shall include, in the question pool used for the written portion of the driver's license examination, test questions concerning safe driving in the presence of bicycles, of which one may be concerning the Dutch Reach method as described in Section 2-112.

The Secretary of State shall include, in the question pool used for the written portion of the driver's license examination, at least one test question concerning driver responsibilities when approaching a stationary emergency vehicle as described in Section 11-907. If an applicant gives an incorrect response to a test question concerning subsection (c) of Section 11-907, Section 11-907.5, or subsection (a-1) of Section 11-908, then the Secretary of State shall provide the applicant with information concerning those Sections.

(b) Except as provided for those applicants in paragraph (c), such examination shall include a test of the applicant's eyesight, his or her ability to read and understand official traffic control devices, his or her knowledge of safe driving practices and the traffic laws of this State, and may include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control of the operation of a motor vehicle, and such further physical and mental examination as the Secretary of State finds necessary to determine the applicant's fitness to operate a motor vehicle safely on the highways, except the examination of an applicant 75 years of age or older or, if the Secretary adopts rules under Section 37 of the Secretary of State Act to raise the age requirement for actual demonstrations, the examination of an applicant who has attained that increased age or is older shall include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control of the operation of a motor vehicle. All portions of written and verbal examinations under this Section, excepting where the English language appears on facsimiles of road signs, may be given in the Spanish language and, at the discretion of the Secretary of State, in any other language as well as in English upon request of the examinee. Deaf persons who are otherwise qualified are not prohibited from being issued a license, other than a commercial driver's license, under this Code. The examination to test an applicant's ability to read and understand official traffic control devices and knowledge of safe driving practices and the traffic laws of this State may be administered at a Secretary of State facility, remotely via the Internet, or in a manner otherwise specified by the Secretary of State by administrative rule.

(c) Re-examination for those applicants who at the time of renewing their driver's license possess a driving record devoid of any convictions of traffic violations or evidence of committing an offense for which mandatory revocation would be required upon conviction pursuant to Section 6-205 at the time of renewal shall be in a manner prescribed by the Secretary in order to determine an applicant's ability to safely operate a motor vehicle, except that every applicant for the renewal of a driver's license who is 75 years of age or older or, if the Secretary adopts rules under Section 37 of the Secretary of State Act to raise the age requirement for actual demonstrations, every applicant for the renewal of a driver's license who has attained that increased age or is older must prove, by an actual demonstration, the applicant's ability to exercise reasonable care in the safe operation of a motor vehicle.

(d) In the event the applicant is not ineligible under the provisions of Section 6-103 to receive a driver's license, the Secretary of State shall make provision for giving an examination, either in the county where the applicant resides or at a place adjacent thereto reasonably convenient to the applicant, within not more than 30 days from the date said application is received.

(e) The Secretary of State may adopt rules regarding the use of foreign language interpreters during the application and examination process.

(Source: P.A. 103-140, eff. 6-30-23; 103-680, eff. 1-1-25; 104-260, eff. 8-15-25.)

(Text of Section after amendment by P.A. 104-169)

Sec. 6-109. Examination of applicants.

(a) The Secretary of State shall examine every applicant for a driver's license or permit who has not been previously licensed as a driver under the laws of this State or any other state or country, or any applicant for renewal of such driver's license or permit when such license or permit has been expired for more than one year. The Secretary of State shall, subject to the provisions of paragraph (c), examine every licensed driver at least every 8 years, and may examine or re-examine any other applicant or licensed driver, provided that during the years 1984 through 1991 those drivers issued a license for 3 years may be re-examined not less than every 7 years or more than every 10 years.

The Secretary of State shall require the testing of the eyesight of any driver's license or permit applicant who has not been previously licensed as a driver under the laws of this State and shall promulgate rules and regulations to provide for the orderly administration of all the provisions of this Section.

The Secretary of State shall include at least one test question that concerns the provisions of the Pedestrians with Disabilities Safety Act in the question pool used for the written portion of the driver's license examination within one year after July 22, 2010 (the effective date of Public Act 96-1167).

The Secretary of State shall include, in the question pool used for the written portion of the driver's license examination, test questions concerning safe driving in the presence of bicycles, of which one may be concerning the Dutch Reach method as described in Section 2-112.

The Secretary of State shall include, in the question pool used for the written portion of the driver's license examination, at least one test question concerning driver responsibilities when approaching a stationary emergency vehicle as described in Section 11-907. If an applicant gives an incorrect response to a test question concerning subsection (c) of Section 11-907, Section 11-907.5, or subsection (a-1) of Section 11-908, then the Secretary of State shall provide the applicant with information concerning those Sections.

(b) Except as provided for those applicants in paragraph (c), such examination shall include a test of the applicant's eyesight, his or her ability to read and understand official traffic control devices, his or her knowledge of safe driving practices and the traffic laws of this State, and may include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control of the operation of a motor vehicle, and such further physical and mental examination as the Secretary of State finds necessary to determine the applicant's fitness to operate a motor vehicle safely on the highways, except the examination of an applicant 75 years of age or older or, if the Secretary adopts rules under Section 37 of the Secretary of State Act to raise the age requirement for actual demonstrations, the examination of an applicant who has attained that increased age or is older shall include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control of the operation of a motor vehicle. All portions of written and verbal examinations under this Section, excepting where the English language appears on facsimiles of road signs, may be given in the Spanish language and, at the discretion of the Secretary of State, in any other language as well as in English upon request of the examinee. Deaf persons who are otherwise qualified are not prohibited from being issued a license, other than a commercial driver's license, under this Code. The examination to test an applicant's ability to read and understand official traffic control devices and knowledge of safe driving practices and the traffic laws of this State may be administered at a Secretary of State facility, remotely via the Internet, or in a manner otherwise specified by the Secretary of State by administrative rule.

(c) Re-examination for those applicants who at the time of renewing their driver's license possess a driving record devoid of any convictions of traffic violations or evidence of committing an offense for which mandatory revocation would be required upon conviction pursuant to Section 6-205 at the time of renewal shall be in a manner prescribed by the Secretary in order to determine an applicant's ability to safely operate a motor vehicle, except that every applicant for the renewal of a driver's license who is 79 years of age or older must renew in person, and every applicant for the renewal of a driver's license who is 87 years of age or older or who is 75 years of age or older and holds a commercial driver's license must prove, by an actual demonstration, the applicant's ability to exercise reasonable care in the safe operation of a motor vehicle.

(d) In the event the applicant is not ineligible under the provisions of Section 6-103 to receive a driver's license, the Secretary of State shall make provision for giving an examination, either in the county where the applicant resides or at a place adjacent thereto reasonably convenient to the applicant, within not more than 30 days from the date said application is received.

(e) The Secretary of State may adopt rules regarding the use of foreign language interpreters during the application and examination process and administration of the demonstration of the applicant's ability to exercise ordinary and reasonable control of the operation of a motor vehicle by driver training schools licensed by the Secretary.

(Source: P.A. 103-140, eff. 6-30-23; 103-680, eff. 1-1-25; 104-169, eff. 7-1-26; 104-260, eff. 8-15-25; revised 9-12-25.)

Section 10. The Cycle Rider Safety Training Act is amended by changing Section 2.03a and 4 and by adding Section 2.03b as follows:

(625 ILCS 35/2.03a)

Sec. 2.03a. Cycle rider safety training course provider Rider Safety Training Course Provider. "Cycle rider safety training course provider" Rider Safety Training Course Provider" and "provider" means a community college, State university, State or local government agency, or for-profit or nonprofit business entity in good standing and operating in the State that is capable of providing courses meeting the definition in this Act in accordance with the rules set forth by the Department and the regulations of this Act. "Cycle rider safety training course provider" Rider Safety Training Course Provider" and "provider" does not include any business registered as a motorcycle dealer with the Secretary of State or any other business that derives income from the selling of motorcycles or has motorcycles for sale at its place of business on a consignment basis.

(Source: P.A. 104-408, eff. 1-1-26.)

(625 ILCS 35/2.03b new)

Sec. 2.03b. Dealer provider. "Dealer provider" means any business registered as a motorcycle dealer holding a vehicle dealer license with the Secretary of State and who has applied and obtained a permit from the Department to operate as a dealer provider.

(625 ILCS 35/4) (from Ch. 95 1/2, par. 804)

Sec. 4. Cycle rider safety training courses Rider Safety Training Courses.

(a) The Department shall, on an as needed basis, put out notices to the public seeking cycle rider safety training course providers Cycle Rider Safety Training Course Providers to provide cycle rider safety training courses in this State. Such courses shall be open to all residents of the State who hold a currently valid driver's license and who have reached their 16th birthday before the first day of the course to be held. Such courses may be offered throughout the calendar year.

Cycle rider safety training course providers Providers may charge a nominal registration fee set by the Department, which shall be refunded upon completion of the course.

Responses from potential cycle rider safety training course providers shall include, at a minimum, the location where classes are to be held at, the number of students they intend to train, whether they would be providing motorcycles or using motorcycles provided by the program, and the cost for courses provided on a per student basis.

Contracts shall be awarded by the Department to cycle rider safety training course providers based on training needs and cost effectiveness of each bid or proposal as well as the provider's organizational capacity to satisfactorily discharge cycle rider safety training courses Cycle Rider Safety Training Courses.

(b) A cycle rider safety training course provider shall only be paid grant funds under one of the following conditions:

(1) a course was held, in which case the cycle rider safety training course provider shall be paid per student rate multiplied by the number of students present on the first day of the course;

(2) expenses submitted related to the maintenance of program equipment; or

(3) submitting other non-personnel expenses as deemed appropriate by the Department.

(c) A cycle rider safety training course provider awarded a contract with grant funding under this Act shall:

(1) submit proof to the Department that each instructor employed by the cycle rider safety training course provider meets the qualifications to teach the curriculum for the courses;

(2) have at least one employee on staff certified to do quality assurance or quality control visits where instructors are evaluated per curriculum standards on teaching;

(3) perform at least one quality assurance or quality control visit on each instructor employed during the year and submit the results of those visits to the Department;

(4) maintain appropriate liability insurance to cover training activities;

(5) submit requests for payment in a timely manner; and

(6) adhere to additional program rules and regulations as determined by the Department.

(d) A cycle rider safety training course provider awarded a contract with grant funding under this Act and a dealer provider operating under subsection (e) shall not adopt any policy, requirement, or expectation regarding an employee's manner of dress outside of the employee's scheduled work hours, nor may the provider pose any questions regarding such on job applications or during interviews with potential employees.

(e) A dealer provider may provide courses under this Act to the public for a fee which shall not be refunded. Such courses shall be open to all residents of the State who hold a currently valid driver's license and who have reached their 16th birthday before the first day of the course to be held. Such courses may be offered throughout the calendar year.

A dealer provider is ineligible for funds from the Cycle Rider Safety Training Fund as described in subsection (b). A dealer provider is not eligible for program funds or equipment supplied by the Department.

A dealer provider offering courses under this subsection:

(1) shall submit proof to the Department that each instructor employed by the dealer provider meets the qualifications to teach the curriculum for the courses;

(2) shall have at least one employee on staff certified to do quality assurance or quality control visits where instructors are evaluated per curriculum standards on teaching;

(3) shall perform at least one quality assurance or quality control visit on each instructor employed during the year and submit the results of those visits to the Department;

(4) shall maintain appropriate liability insurance to cover training activities;

(5) shall run its program according to a curriculum approved by the Department;

(6) shall adhere to additional program rules and regulations as determined by the Department.

(7) shall not engage in sales solicitation of its retail products to students during the registration process or on the same day that the student is attending a cycle rider safety training course; and

(8) shall place a cycle rider safety training provider promotional sign in any dealership alongside material advertising its dealer provider classes.

If the Department finds that a dealer provider is not meeting the requirements of this Section in a satisfactory way, the Department is authorized to suspend or terminate the ability of the dealer provider to issue student completion cards.

(Source: P.A. 104-408, eff. 1-1-26.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

Section 99. Effective date. This Act takes effect January 1, 2027.