HB5049sam003 102ND GENERAL ASSEMBLY

Sen. Ram Villivalam

Filed: 12/1/2022

10200HB5049sam003 LRB102 22605 KTG 42023 a

AMENDMENT TO HOUSE BILL 5049

AMENDMENT NO. ______. Amend House Bill 5049 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Administrative Procedure Act is amended by changing Section 5-45.20 as follows:

(5 ILCS 100/5-45.20)

(Section scheduled to be repealed on January 1, 2023)

Sec. 5-45.20. Emergency rulemaking; Secretary of State emergency powers. To provide for the expeditious and timely implementation of the provisions of Section 30 of the Secretary of State Act, emergency rules implementing the changes made to Section 30 of the Secretary of State Act by this amendatory Act of the 102nd General Assembly may be adopted by the Secretary in accordance with Section 5-45. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed on October January 1, 2023.

(Source: P.A. 102-678, eff. 12-10-21.)

Section 10. The Secretary of State Act is amended by changing Section 30 and by adding Section 37 as follows:

(15 ILCS 305/30)

(Section scheduled to be repealed on January 1, 2023)

Sec. 30. Emergency powers.

(a) In response to the interruption of services available to the public as a result of the public health disaster caused by Coronavirus Disease 2019 (COVID-19), a novel severe acute respiratory illness that spreads rapidly through respiratory transmissions, the extended closure of State government offices and private sector businesses caused by COVID-19, and the need to ameliorate any detrimental impact on members of the public caused by that interruption of services, the Secretary of State is hereby given the authority to adopt emergency rulemakings, and to adopt permanent administrative rules:

(1) extending until not later than December 31, 2022, the expiration dates of driver's licenses, driving permits, monitoring device driving permits, restricted driving permits, and identification cards which were issued with expiration dates on or after January 1, 2020. During the period of any extensions implemented pursuant to this subsection, all driver's licenses, driving permits, monitoring device driving permits, restricted driving permits, and identification cards, shall be subject to any terms and conditions under which the original document was issued; and

(2) modifying the requirements for the renewal of driver's licenses, driving permits, monitoring device driving permits, restricted driving permits, and identification cards. No such modification shall apply for more than one renewal cycle after the effective date of the rulemaking.

(b) When the renewal of any driver's license, driving permit, monitoring device driving permit, restricted driving permit, or identification card has been extended pursuant to this Section, it shall be renewed during the period of an extension. Any such renewals shall be from the original expiration date and shall be subject to the full fee which would have been due had the renewals been issued based on the original expiration date, except that no late filing fees or penalties shall be imposed.

(c) All law enforcement agencies in the State of Illinois and all State and local governmental entities shall recognize the validity of, and give full legal force to, extensions granted pursuant to this Section.

(d) Upon the request of any person whose driver's license, driving permit, monitoring device driving permit, restricted driving permit, or identification card has been subject to an extension under this Section, the Secretary shall issue a statement verifying the extension was issued pursuant to Illinois law, and requesting any foreign jurisdiction to honor the extension.

(e) This Section is repealed on October January 1, 2023.

(Source: P.A. 101-640, eff. 6-12-20; 102-39, eff. 6-25-21; 102-678, eff. 12-10-21.)

(15 ILCS 305/37 new)

Sec. 37. Study on age-related changes that affect driving abilities. By October 1, 2023 the Secretary of State shall conduct a study on age-related changes in vision, physical functioning, and the ability to reason and remember, as well as any other diseases and medications that might affect safe driving abilities. When conducting the study, the Secretary of State may utilize data or academic studies conducted by other sources, including, but not limited to, other states, the Centers for Disease Control and Prevention, the American Geriatrics Society, and the National Highway Traffic Safety Administration. Upon completion of the study, if the study shows that there is no immediate risk to public safety, the Secretary of State may adopt administrative rules to raise or lower the age requirement for actual demonstrations, provided that the required age shall be no lower than the minimum age required under subsection (c) of Section 6-109 of the Illinois Vehicle Code.

Section 15. The Illinois Vehicle Code is amended by adding Section 3-606.5 as follows:

(625 ILCS 5/3-606.5 new)

Sec. 3-606.5. Retired Executive Branch Constitutional Officers. Upon receipt of a request from a retired executive branch constitutional officer, accompanied by the appropriate application and fee, the Secretary of State shall issue to the retired executive branch constitutional officer plates bearing appropriate wording or abbreviations indicating that the holder is a retired executive branch constitutional officer and the office held. Such plates may be issued for a 2-year period beginning on January 1 of each odd-numbered year and ending on December 31 of the subsequent even-numbered year. Upon the death of a retired executive branch constitutional officer who has been issued a retired executive branch constitutional officer plate, the retired executive branch constitutional officer's surviving spouse shall be entitled to retain the plate so long as the surviving spouse is a resident of Illinois and transfers the registration to his or her name within 90 days of the death of the retired executive branch constitutional officer. For purposes of this Section, "retired executive branch constitutional officer" means any individual who has served at least one full term of office as (i) Governor; (ii) Lieutenant Governor; (iii) Attorney General; (iv) Secretary of State; (v) Comptroller; or (vi) Treasurer; and who was not removed from office pursuant to Section 14 of Article IV of the Illinois Constitution of 1970.

Section 99. Effective date. This Act takes effect upon becoming law.".