HB0298ham001 95TH GENERAL ASSEMBLY

State Government Administration Committee

Filed: 3/21/2007

09500HB0298ham001 LRB095 05241 DRH 33606 a

AMENDMENT TO HOUSE BILL 298

AMENDMENT NO. ______. Amend House Bill 298 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by changing Section 6-905 as follows:

(625 ILCS 5/6-905) (from Ch. 95 1/2, par. 6-905)

Sec. 6-905. Medical evaluations of individuals under review; scope of driving privileges; report to the Secretary.

(a) Within the scope of the case request, as sent by the Secretary, a function of the Board shall be to make medical evaluations of the individual under review and determine what medical conditions exist that may impair the individual's ability to operate a motor vehicle safely.

(b) Based on the medical evaluations and determination under subsection (a) and in accordance with established standards, the Board shall, among other things, indicate the scope of driving privileges that would enable the individual under review to operate a motor vehicle safely, including the extent to which compensatory aids and devices must be used and the need for ongoing review or evaluation.

(c) The findings, determination, and recommendations of the Board or its subdivisions shall be forwarded to the Secretary who, subject to subsections (d) and (e), shall then take the action in accordance with the Board's recommendation.

(d) A person who contests the findings, determination, and recommendation of the Board, if he or she has utilized all possible review by the Board under this Code or any rules adopted by the Secretary, has a right to a hearing under Section 2-118 of this Code and to be present when the hearing is conducted. The request for a hearing must be in writing.

(e) The Secretary shall prescribe by rule the procedures to be followed at the hearing under subsection (d), including procedures to be followed at a hearing in the presence of the person contesting the findings, determination, and recommendation of the Board.

(Source: P.A. 87-1249.)

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