SB2038ham001 101ST GENERAL ASSEMBLY

Rep. Tim Butler

Filed: 5/14/2019

10100SB2038ham001 LRB101 09962 TAE 60624 a

AMENDMENT TO SENATE BILL 2038

AMENDMENT NO. ______. Amend Senate Bill 2038 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by changing Sections 2-112 and 6-109 and by adding Section 11-907.1 as follows:

(625 ILCS 5/2-112) (from Ch. 95 1/2, par. 2-112)

Sec. 2-112. Distribution of synopsis laws.

(a) The Secretary of State may publish a synopsis or summary of the laws of this State regulating the operation of vehicles and may deliver a copy thereof without charge with each original vehicle registration and with each original driver's license.

(b) The Secretary of State shall make any necessary revisions in its publications including, but not limited to, the Illinois Rules of the Road, to accurately conform its publications to the provisions of the Pedestrians with Disabilities Safety Act.

(c) The Secretary of State shall include, in the Illinois Rules of the Road publication, information advising drivers to use the Dutch Reach method when opening a vehicle door after parallel parking on a street (checking the rear-view mirror, checking the side-view mirror, then opening the door with the right hand, thereby reducing the risk of injuring a bicyclist or opening the door in the path a vehicle approaching from behind).

(d) The Secretary of State shall include, in the Illinois Rules of the Road publication, information advising drivers to use the zipper merge method when merging into a reduced number of lanes (drivers in merging lanes are expected to use both lanes to advance to the lane reduction point and merge at that location, alternating turns).

(Source: P.A. 100-770, eff. 1-1-19; 100-962, eff. 1-1-19.)

(625 ILCS 5/6-109)

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 drivers 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.

(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 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.

(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 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. 100-770, eff. 1-1-19; 100-962, eff. 1-1-19; revised 10-3-18.)

(625 ILCS 5/11-907.1 new)

Sec. 11-907.1. Move Over Task Force.

(a) The Move Over Task Force is created to study the issue of violations of Sections 11-907, 11-907.5, and 11-908 with particular attention to the causes of violations and ways to protect law enforcement and emergency responders.

(b) The membership of the Task Force shall consist of the following members:

(1) the Director of State Police or his or her designee, who shall serve as chair;

(2) the Governor or his or her designee;

(3) the Secretary of State or his or her designee;

(4) the Secretary of Transportation or his or her designee;

(5) the Director of the Illinois Toll Highway Authority or his or her designee;

(6) the President of the Illinois State's Attorneys Association or his or her designee;

(7) the President of the Illinois Association of Chiefs of Police or his or her designee;

(8) the President of the Illinois Sheriffs' Association or his or her designee;

(9) the President of the Illinois Fraternal Order of Police or his or her designee;

(10) the President of the Associated Fire Fighters of Illinois or his or her designee;

(11) one member appointed by the Speaker of the House of Representatives;

(12) one member appointed by the Minority Leader of the House of Representatives;

(13) one member appointed by the President of the Senate;

(14) one member appointed by the Minority Leader of the Senate; and

(15) the following persons appointed by the Governor:

(A) 2 representatives of different statewide trucking associations;

(B) one representative of a Chicago area motor club;

(C) one representative of a Chicago area transit safety alliance;

(D) one representative of a statewide press association;

(E) one representative of a statewide broadcast association;

(F) one representative of a statewide towing organization; and

(G) the chief of police of a municipality with a population under 25,000.

(c) The members of the Task Force shall serve without compensation.

(d) The Task Force shall meet no fewer than 3 times and shall present its report and recommendations, including legislative recommendations, if any, on how to better enforce Scott's Law and prevent fatalities on Illinois roadways to the General Assembly no later than January 1, 2020.

(e) The Department of State Police shall provide administrative support to the Task Force as needed.

(f) This Section is repealed on January 1, 2021.".