Illinois General Assembly - Full Text of HB5049
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Full Text of HB5049  102nd General Assembly


Sen. Ram Villivalam

Filed: 12/1/2022





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2    AMENDMENT NO. ______. Amend House Bill 5049 by replacing
3everything after the enacting clause with the following:
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7    (Section scheduled to be repealed on January 1, 2023)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



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1interest, safety, and welfare.
2    This Section is repealed on October January 1, 2023.
3(Source: P.A. 102-678, eff. 12-10-21.)
4    Section 10. The Secretary of State Act is amended by
5changing Section 30 and by adding Section 37 as follows:
6    (15 ILCS 305/30)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 30. Emergency powers.
9    (a) In response to the interruption of services available
10to the public as a result of the public health disaster caused
11by Coronavirus Disease 2019 (COVID-19), a novel severe acute
12respiratory illness that spreads rapidly through respiratory
13transmissions, the extended closure of State government
14offices and private sector businesses caused by COVID-19, and
15the need to ameliorate any detrimental impact on members of
16the public caused by that interruption of services, the
17Secretary of State is hereby given the authority to adopt
18emergency rulemakings, and to adopt permanent administrative
20        (1) extending until not later than December 31, 2022,
21    the expiration dates of driver's licenses, driving
22    permits, monitoring device driving permits, restricted
23    driving permits, and identification cards which were
24    issued with expiration dates on or after January 1, 2020.



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



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1driving permit, monitoring device driving permit, restricted
2driving permit, or identification card has been subject to an
3extension under this Section, the Secretary shall issue a
4statement verifying the extension was issued pursuant to
5Illinois law, and requesting any foreign jurisdiction to honor
6the extension.
7    (e) This Section is repealed on October January 1, 2023.
8(Source: P.A. 101-640, eff. 6-12-20; 102-39, eff. 6-25-21;
9102-678, eff. 12-10-21.)
10    (15 ILCS 305/37 new)
11    Sec. 37. Study on age-related changes that affect driving
12abilities. By October 1, 2023 the Secretary of State shall
13conduct a study on age-related changes in vision, physical
14functioning, and the ability to reason and remember, as well
15as any other diseases and medications that might affect safe
16driving abilities. When conducting the study, the Secretary of
17State may utilize data or academic studies conducted by other
18sources, including, but not limited to, other states, the
19Centers for Disease Control and Prevention, the American
20Geriatrics Society, and the National Highway Traffic Safety
21Administration. Upon completion of the study, if the study
22shows that there is no immediate risk to public safety, the
23Secretary of State may adopt administrative rules to raise or
24lower the age requirement for actual demonstrations, provided
25that the required age shall be no lower than the minimum age



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1required under subsection (c) of Section 6-109 of the Illinois
2Vehicle Code.
3    Section 15. The Illinois Vehicle Code is amended by adding
4Section 3-606.5 as follows:
5    (625 ILCS 5/3-606.5 new)
6    Sec. 3-606.5. Retired Executive Branch Constitutional
7Officers. Upon receipt of a request from a retired executive
8branch constitutional officer, accompanied by the appropriate
9application and fee, the Secretary of State shall issue to the
10retired executive branch constitutional officer plates bearing
11appropriate wording or abbreviations indicating that the
12holder is a retired executive branch constitutional officer
13and the office held. Such plates may be issued for a 2-year
14period beginning on January 1 of each odd-numbered year and
15ending on December 31 of the subsequent even-numbered year.
16Upon the death of a retired executive branch constitutional
17officer who has been issued a retired executive branch
18constitutional officer plate, the retired executive branch
19constitutional officer's surviving spouse shall be entitled to
20retain the plate so long as the surviving spouse is a resident
21of Illinois and transfers the registration to his or her name
22within 90 days of the death of the retired executive branch
23constitutional officer. For purposes of this Section, "retired
24executive branch constitutional officer" means any individual



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1who has served at least one full term of office as (i)
2Governor; (ii) Lieutenant Governor; (iii) Attorney General;
3(iv) Secretary of State; (v) Comptroller; or (vi) Treasurer;
4and who was not removed from office pursuant to Section 14 of
5Article IV of the Illinois Constitution of 1970.
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".