HB5049 EnrolledLRB102 22605 KTG 31748 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Administrative Procedure Act is
5amended by changing Section 5-45.20 as follows:
6    (5 ILCS 100/5-45.20)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 5-45.20. Emergency rulemaking; Secretary of State
9emergency powers. To provide for the expeditious and timely
10implementation of the provisions of Section 30 of the
11Secretary of State Act, emergency rules implementing the
12changes made to Section 30 of the Secretary of State Act by
13this amendatory Act of the 102nd General Assembly may be
14adopted by the Secretary in accordance with Section 5-45. The
15adoption of emergency rules authorized by Section 5-45 and
16this Section is deemed to be necessary for the public
17interest, safety, and welfare.
18    This Section is repealed on October January 1, 2023.
19(Source: P.A. 102-678, eff. 12-10-21.)
20    Section 10. The Secretary of State Act is amended by
21changing Section 30 and by adding Section 37 as follows:



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1    (15 ILCS 305/30)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 30. Emergency powers.
4    (a) In response to the interruption of services available
5to the public as a result of the public health disaster caused
6by Coronavirus Disease 2019 (COVID-19), a novel severe acute
7respiratory illness that spreads rapidly through respiratory
8transmissions, the extended closure of State government
9offices and private sector businesses caused by COVID-19, and
10the need to ameliorate any detrimental impact on members of
11the public caused by that interruption of services, the
12Secretary of State is hereby given the authority to adopt
13emergency rulemakings, and to adopt permanent administrative
15        (1) extending until not later than December 31, 2022,
16    the expiration dates of driver's licenses, driving
17    permits, monitoring device driving permits, restricted
18    driving permits, and identification cards which were
19    issued with expiration dates on or after January 1, 2020.
20    During the period of any extensions implemented pursuant
21    to this subsection, all driver's licenses, driving
22    permits, monitoring device driving permits, restricted
23    driving permits, and identification cards, shall be
24    subject to any terms and conditions under which the
25    original document was issued; and
26        (2) modifying the requirements for the renewal of



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1    driver's licenses, driving permits, monitoring device
2    driving permits, restricted driving permits, and
3    identification cards. No such modification shall apply for
4    more than one renewal cycle after the effective date of
5    the rulemaking.
6    (b) When the renewal of any driver's license, driving
7permit, monitoring device driving permit, restricted driving
8permit, or identification card has been extended pursuant to
9this Section, it shall be renewed during the period of an
10extension. Any such renewals shall be from the original
11expiration date and shall be subject to the full fee which
12would have been due had the renewals been issued based on the
13original expiration date, except that no late filing fees or
14penalties shall be imposed.
15    (c) All law enforcement agencies in the State of Illinois
16and all State and local governmental entities shall recognize
17the validity of, and give full legal force to, extensions
18granted pursuant to this Section.
19    (d) Upon the request of any person whose driver's license,
20driving permit, monitoring device driving permit, restricted
21driving permit, or identification card has been subject to an
22extension under this Section, the Secretary shall issue a
23statement verifying the extension was issued pursuant to
24Illinois law, and requesting any foreign jurisdiction to honor
25the extension.
26    (e) This Section is repealed on October January 1, 2023.



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1(Source: P.A. 101-640, eff. 6-12-20; 102-39, eff. 6-25-21;
2102-678, eff. 12-10-21.)
3    (15 ILCS 305/37 new)
4    Sec. 37. Study on age-related changes that affect driving
5abilities. By October 1, 2023 the Secretary of State shall
6conduct a study on age-related changes in vision, physical
7functioning, and the ability to reason and remember, as well
8as any other diseases and medications that might affect safe
9driving abilities. When conducting the study, the Secretary of
10State may utilize data or academic studies conducted by other
11sources, including, but not limited to, other states, the
12Centers for Disease Control and Prevention, the American
13Geriatrics Society, and the National Highway Traffic Safety
14Administration. Upon completion of the study, if the study
15shows that there is no immediate risk to public safety, the
16Secretary of State may adopt administrative rules to raise or
17lower the age requirement for actual demonstrations, provided
18that the required age shall be no lower than the minimum age
19required under subsection (c) of Section 6-109 of the Illinois
20Vehicle Code.
21    Section 15. The Illinois Vehicle Code is amended by adding
22Section 3-606.5 as follows:
23    (625 ILCS 5/3-606.5 new)



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1    Sec. 3-606.5. Retired Executive Branch Constitutional
2Officers. Upon receipt of a request from a retired executive
3branch constitutional officer, accompanied by the appropriate
4application and fee, the Secretary of State shall issue to the
5retired executive branch constitutional officer plates bearing
6appropriate wording or abbreviations indicating that the
7holder is a retired executive branch constitutional officer
8and the office held. Such plates may be issued for a 2-year
9period beginning on January 1 of each odd-numbered year and
10ending on December 31 of the subsequent even-numbered year.
11Upon the death of a retired executive branch constitutional
12officer who has been issued a retired executive branch
13constitutional officer plate, the retired executive branch
14constitutional officer's surviving spouse shall be entitled to
15retain the plate so long as the surviving spouse is a resident
16of Illinois and transfers the registration to his or her name
17within 90 days of the death of the retired executive branch
18constitutional officer. For purposes of this Section, "retired
19executive branch constitutional officer" means any individual
20who has served at least one full term of office as (i)
21Governor; (ii) Lieutenant Governor; (iii) Attorney General;
22(iv) Secretary of State; (v) Comptroller; or (vi) Treasurer;
23and who was not removed from office pursuant to Section 14 of
24Article IV of the Illinois Constitution of 1970.
25    Section 99. Effective date. This Act takes effect upon
26becoming law.