Full Text of HB2315 101st General Assembly
HB2315enr 101ST GENERAL ASSEMBLY |
| | HB2315 Enrolled | | LRB101 08090 TAE 53153 b |
|
| 1 | | AN ACT concerning the Secretary of State.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Administrative Procedure Act is | 5 | | amended by changing Section 10-75 as follows: | 6 | | (5 ILCS 100/10-75) | 7 | | Sec. 10-75. Service by email. | 8 | | (a) The following requirements shall apply for consenting | 9 | | to accept service by email: | 10 | | (1) At any time either before or after its issuance of | 11 | | a hearing notice as described in Section 10-25, an agency | 12 | | may require any attorney representing a party to the | 13 | | hearing to provide one or more email addresses at which he | 14 | | or she they shall accept service of documents described in | 15 | | Sections 10-25 and 10-50 in connection with the hearing. A | 16 | | party represented by an attorney may provide the email | 17 | | address of the attorney. | 18 | | (2) To the extent a person or entity is subject to | 19 | | licensure, permitting, or regulation by the agency, or | 20 | | submits an application for licensure or permitting to the | 21 | | agency, that agency may require, as a condition of such | 22 | | application, licensure, permitting, or regulation, that | 23 | | such persons or entities consent to service by email of the |
| | | HB2315 Enrolled | - 2 - | LRB101 08090 TAE 53153 b |
|
| 1 | | documents described in Sections 10-25 and 10-50 for any | 2 | | hearings that may arise in connection with such | 3 | | application, licensure or regulation, provided that the | 4 | | agency: (i) requires that any person or entity providing | 5 | | such an email address update that email address if it is | 6 | | changed; and (ii) annually verifies that email address. | 7 | | (3) At any time either before or after its issuance of | 8 | | a hearing notice as described in Section 10-25, an agency | 9 | | may request, but not require, an unrepresented party that | 10 | | is not subject to paragraph (2) of this subsection (a) to | 11 | | consent to accept service by email of the documents | 12 | | described in Sections 10-25 and 10-50 by designating an | 13 | | email address at which they will accept service. | 14 | | (4) Any person or entity who submits an email address | 15 | | under this Section shall also be given the option to | 16 | | designate no more than two secondary email addresses at | 17 | | which the person or entity consents to accept service, | 18 | | provided that, if any secondary email address is | 19 | | designated, an agency must serve the documents to both the | 20 | | designated primary and secondary email addresses. | 21 | | (b) Notwithstanding any party's consent to accept service | 22 | | by email, no document described in Section Sections 10-25 or | 23 | | 10-50 may be served by email to the extent the document | 24 | | contains: | 25 | | (1) a Social Security or individual taxpayer | 26 | | identification number; |
| | | HB2315 Enrolled | - 3 - | LRB101 08090 TAE 53153 b |
|
| 1 | | (2) a driver's license number , except if such document | 2 | | is issued by the Secretary of State ; | 3 | | (3) a financial account number; | 4 | | (4) a debit or credit card number; | 5 | | (5) any other information that could reasonably be | 6 | | deemed personal, proprietary, confidential, or trade | 7 | | secret information; or | 8 | | (6) any information about or concerning a minor. | 9 | | (c) Service by email is deemed complete on the day of | 10 | | transmission. Agencies that use email to serve documents under | 11 | | Sections 10-25 and 10-50 shall adopt rules that specify the | 12 | | standard for confirming delivery, and in failure to confirm | 13 | | delivery, what steps the agency will take to ensure that | 14 | | service by email or other means is accomplished. | 15 | | (d) This Section shall not apply with respect to any | 16 | | service of notice other than under this Act.
| 17 | | (Source: P.A. 100-880, eff. 1-1-19; revised 10-10-18.) | 18 | | Section 10. The Illinois Identification Card Act is amended | 19 | | by changing Section 8 and by adding Section 17 as follows:
| 20 | | (15 ILCS 335/8) (from Ch. 124, par. 28)
| 21 | | Sec. 8. Expiration.
| 22 | | (a) Except as otherwise provided in this Section: | 23 | | (1) Every identification card issued hereunder,
except | 24 | | to persons who have reached their 15th birthday, but are |
| | | HB2315 Enrolled | - 4 - | LRB101 08090 TAE 53153 b |
|
| 1 | | not yet 21
years of age, persons who are 65 years of age or | 2 | | older, and persons who are
issued an Illinois Person with a | 3 | | Disability Identification Card, shall
expire 5 years from | 4 | | the ensuing birthday of the
applicant and a renewal
shall | 5 | | expire 5 years thereafter. | 6 | | (2) Every original or renewal identification
card | 7 | | issued to a person who has reached his or her 15th | 8 | | birthday, but is
not yet
21 years of age shall expire 3 | 9 | | months after the person's 21st birthday.
| 10 | | (b) Except as provided elsewhere in this Section, every | 11 | | original, renewal, or duplicate: (i) non-REAL ID | 12 | | identification card issued
to a
person who has reached his or | 13 | | her 65th birthday shall be permanent and need
not be renewed; | 14 | | (ii) REAL ID compliant identification card issued on or after | 15 | | July 1, 2017, to a person who has reached his or her 65th | 16 | | birthday shall expire 8 years thereafter; (iii) non-REAL ID | 17 | | Illinois Person with a Disability Identification Card issued to | 18 | | a qualifying person shall expire 10 years
thereafter; and (iv) | 19 | | REAL ID compliant Illinois Person with a Disability | 20 | | Identification Card issued on or after July 1, 2017, shall | 21 | | expire 8 years thereafter. The Secretary of State shall | 22 | | promulgate rules setting forth the
conditions and criteria for | 23 | | the renewal of all Illinois Person with a Disability | 24 | | Identification Cards.
| 25 | | (c) Every identification card or Illinois Person with a | 26 | | Disability Identification Card issued under this Act to an |
| | | HB2315 Enrolled | - 5 - | LRB101 08090 TAE 53153 b |
|
| 1 | | applicant who is not a United States citizen or permanent | 2 | | resident , other than a conditional permanent resident, or an | 3 | | individual who has an approved application for asylum in the | 4 | | United States or has entered the United States in refugee | 5 | | status, shall be marked "Limited Term" and shall expire on | 6 | | whichever is the earlier date of the following: | 7 | | (1) as provided under subsection (a) or (b) of this | 8 | | Section; | 9 | | (2) on the date the applicant's authorized stay in the | 10 | | United States terminates; or | 11 | | (3) if the applicant's authorized stay is indefinite | 12 | | and the applicant is applying for a Limited Term REAL ID | 13 | | compliant identification card, one year from the date of | 14 | | issuance of the card. | 15 | | (d) Every REAL ID compliant identification card or REAL ID | 16 | | compliant Person with a Disability Identification Card issued | 17 | | under this Act to an applicant who is not a United States | 18 | | citizen or permanent resident, other than a conditional | 19 | | permanent resident, or an individual who has an approved | 20 | | application for asylum in the United States or has entered the | 21 | | United States in refugee status, shall be marked "Limited | 22 | | Term". | 23 | | (Source: P.A. 99-305, eff. 1-1-16; 99-511, eff. 1-1-17; | 24 | | 100-248, eff. 8-22-17; 100-827, eff. 8-13-18.)
| 25 | | (15 ILCS 335/17 new) |
| | | HB2315 Enrolled | - 6 - | LRB101 08090 TAE 53153 b |
|
| 1 | | Sec. 17. Invalidation of a standard Illinois | 2 | | Identification Card or an Illinois Person with a Disability | 3 | | Identification Card. | 4 | | (a) The Secretary of State may invalidate a standard | 5 | | Illinois Identification Card or an Illinois Person with a | 6 | | Disability Identification Card: | 7 | | (1) when the holder voluntarily surrenders the | 8 | | standard Illinois Identification Card or Illinois Person | 9 | | with a Disability Identification Card and declares his or | 10 | | her intention to do so in writing; | 11 | | (2) upon the death of the holder; | 12 | | (3) upon the refusal of the holder to correct or update | 13 | | information contained on a standard Illinois | 14 | | Identification Card or an Illinois Person with a Disability | 15 | | Identification Card; and | 16 | | (4) as the Secretary deems appropriate by | 17 | | administrative rule. | 18 | | Section 15. The Illinois Vehicle Code is amended by | 19 | | changing Sections 2-111, 3-704, 6-115, 6-209, 6-500, 6-508, and | 20 | | 6-508.1 as follows: | 21 | | (625 ILCS 5/2-111) (from Ch. 95 1/2, par. 2-111) | 22 | | Sec. 2-111. Seizure or confiscation of documents and | 23 | | plates.
| 24 | | (a) The Secretary of State or any law enforcement entity is
|
| | | HB2315 Enrolled | - 7 - | LRB101 08090 TAE 53153 b |
|
| 1 | | authorized to take possession of any certificate of title, | 2 | | registration
card, permit, license, registration plate, | 3 | | plates, disability
license plate or parking decal or device, or | 4 | | registration sticker
issued by the Secretary him upon | 5 | | expiration, revocation, cancellation or suspension thereof,
or | 6 | | which is fictitious, or which has been unlawfully or | 7 | | erroneously issued.
Police officers who have reasonable | 8 | | grounds to believe that any item or
items listed in this | 9 | | Section should be seized such items shall return the items to | 10 | | the Secretary of State in a manner and form set forth by the | 11 | | Secretary in administrative rule to take possession of such | 12 | | item or items of the items and return them or cause them to be | 13 | | returned to the Secretary
of State .
| 14 | | (b) The Secretary of State is authorized to confiscate any | 15 | | suspected
fraudulent,
fictitious, or altered documents | 16 | | submitted by an applicant in support of an
application for
a | 17 | | driver's license or permit.
| 18 | | (Source: P.A. 97-743, eff. 1-1-13.)
| 19 | | (625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)
| 20 | | Sec. 3-704. Authority of Secretary of State to suspend or | 21 | | revoke a registration or
certificate of title; authority to | 22 | | suspend or revoke the registration of a
vehicle. | 23 | | (a) The Secretary of State may suspend or revoke the | 24 | | registration of a
vehicle or a certificate of title, | 25 | | registration card, registration sticker,
registration plate, |
| | | HB2315 Enrolled | - 8 - | LRB101 08090 TAE 53153 b |
|
| 1 | | disability parking decal or device,
or any nonresident or other | 2 | | permit in any of the following events:
| 3 | | 1. When the Secretary of State is satisfied that such | 4 | | registration or
that such certificate, card, plate, | 5 | | registration sticker or permit was
fraudulently or
| 6 | | erroneously issued;
| 7 | | 2. When a registered vehicle has been dismantled or | 8 | | wrecked or is not
properly equipped;
| 9 | | 3. When the Secretary of State determines that any | 10 | | required fees have
not been paid to the Secretary of State, | 11 | | to the Illinois Commerce
Commission, or to the Illinois | 12 | | Department of Revenue under the Motor Fuel Tax Law, and the | 13 | | same are not paid upon reasonable notice and demand;
| 14 | | 4. When a registration card, registration plate, | 15 | | registration sticker
or permit is knowingly
displayed upon | 16 | | a vehicle other than the one for which issued;
| 17 | | 5. When the Secretary of State determines that the | 18 | | owner has committed
any offense under this Chapter | 19 | | involving the registration or the
certificate, card, | 20 | | plate, registration sticker or permit to be suspended or
| 21 | | revoked;
| 22 | | 6. When the Secretary of State determines that a | 23 | | vehicle registered
not-for-hire is used or operated | 24 | | for-hire unlawfully, or used or operated
for purposes other | 25 | | than those authorized;
| 26 | | 7. When the Secretary of State determines that an owner |
| | | HB2315 Enrolled | - 9 - | LRB101 08090 TAE 53153 b |
|
| 1 | | of a for-hire
motor vehicle has failed to give proof of | 2 | | financial responsibility as
required by this Act;
| 3 | | 8. When the Secretary determines that the vehicle is | 4 | | not subject to or
eligible for a registration;
| 5 | | 9. When the Secretary determines that the owner of a | 6 | | vehicle registered
under the mileage weight tax option | 7 | | fails to maintain the records specified
by law, or fails to | 8 | | file the reports required by law, or that such vehicle
is | 9 | | not equipped with an operable and operating speedometer or | 10 | | odometer;
| 11 | | 10. When the Secretary of State is so authorized under | 12 | | any other
provision of law;
| 13 | | 11. When the Secretary of State determines that the | 14 | | holder of a disability parking decal or device has | 15 | | committed any offense under Chapter 11
of this Code | 16 | | involving the use of a disability parking decal
or device.
| 17 | | (a-5) The Secretary of State may revoke a certificate of | 18 | | title and registration card and issue a corrected certificate | 19 | | of title and registration card, at no fee to the vehicle owner | 20 | | or lienholder, if there is proof that the vehicle | 21 | | identification number is erroneously shown on the original | 22 | | certificate of title.
| 23 | | (b) The Secretary of State may suspend or revoke the | 24 | | registration of a
vehicle as follows:
| 25 | | 1. When the Secretary of State determines that the | 26 | | owner of a vehicle has
not paid a civil penalty or a |
| | | HB2315 Enrolled | - 10 - | LRB101 08090 TAE 53153 b |
|
| 1 | | settlement agreement arising from the
violation of rules | 2 | | adopted under the Illinois Motor Carrier Safety Law or the
| 3 | | Illinois Hazardous Materials Transportation Act or that a | 4 | | vehicle, regardless
of ownership, was the subject of | 5 | | violations of these rules that resulted in a
civil penalty | 6 | | or settlement agreement which remains unpaid.
| 7 | | 2. When the Secretary of State determines that a | 8 | | vehicle registered for a
gross weight of more than 16,000 | 9 | | pounds within an affected area is not in
compliance with | 10 | | the provisions of Section 13-109.1 of the Illinois Vehicle
| 11 | | Code. | 12 | | 3. When the Secretary of State is notified by the | 13 | | United States Department of Transportation that a vehicle | 14 | | is in violation of the Federal Motor Carrier Safety | 15 | | Regulations, as they are now or hereafter amended, and is | 16 | | prohibited from operating. | 17 | | (c) The Secretary of State may suspend the registration of | 18 | | a
vehicle when a court finds that the vehicle was used in a | 19 | | violation of Section 24-3A of the Criminal Code of 1961 or the | 20 | | Criminal Code of 2012 relating to gunrunning. A suspension of | 21 | | registration under this subsection (c) may be for a period of | 22 | | up to 90 days.
| 23 | | (d) The Secretary shall deny, suspend, or revoke | 24 | | registration if the applicant fails to disclose material | 25 | | information required, if the applicant has made a materially | 26 | | false statement on the application, if the applicant has |
| | | HB2315 Enrolled | - 11 - | LRB101 08090 TAE 53153 b |
|
| 1 | | applied as a subterfuge for the real party in interest who has | 2 | | been issued a federal out-of-service order, or if the | 3 | | applicant's business is operated by, managed by, or otherwise | 4 | | controlled by or affiliated with a person who is ineligible for | 5 | | registration, including the applicant entity, a relative, | 6 | | family member, corporate officer, or shareholder. The | 7 | | Secretary shall deny, suspend, or revoke registration for | 8 | | either (i) a vehicle if the motor carrier responsible for the | 9 | | safety of the vehicle has been prohibited from operating by the | 10 | | Federal Motor Carrier Safety Administration; or (ii) a carrier | 11 | | whose business is operated by, managed by, or otherwise | 12 | | controlled by or affiliated with a person who is ineligible for | 13 | | registration, which may include the owner, a relative, family | 14 | | member, corporate officer, or shareholder of the carrier. | 15 | | (Source: P.A. 97-540, eff. 1-1-12; 97-1150, eff. 1-25-13.)
| 16 | | (625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
| 17 | | Sec. 6-115. Expiration of driver's license.
| 18 | | (a) Except as provided elsewhere in this Section, every
| 19 | | driver's license issued under the provisions of
this Code shall
| 20 | | expire 4 years from the date of its issuance, or at such later
| 21 | | date, as the Secretary of State may by proper rule and | 22 | | regulation designate,
not to exceed 12 calendar months; in the | 23 | | event
that an applicant for renewal of a driver's license fails
| 24 | | to apply prior to
the expiration date of the previous driver's | 25 | | license, the renewal driver's
license
shall expire 4 years from |
| | | HB2315 Enrolled | - 12 - | LRB101 08090 TAE 53153 b |
|
| 1 | | the expiration date of the previous
driver's license, or at | 2 | | such later date as the Secretary of State may
by proper rule | 3 | | and
regulation designate, not to exceed 12 calendar months.
| 4 | | The Secretary of State may, however, issue to a
person not | 5 | | previously licensed as a driver in Illinois a driver's
license
| 6 | | which will expire not less than 4 years nor more than 5
years | 7 | | from date of
issuance, except as provided elsewhere in this | 8 | | Section.
| 9 | | (a-5) Every driver's license issued under this Code to an | 10 | | applicant who is not a United States citizen or permanent | 11 | | resident , other than a conditional permanent resident, or an | 12 | | individual who has an approved application for asylum in the | 13 | | United States or has entered the United States in refugee | 14 | | status, shall be marked "Limited Term" and shall expire on | 15 | | whichever is the earlier date of the following: | 16 | | (1) as provided under subsection (a), (f), (g), or (i) | 17 | | of this Section; | 18 | | (2) on the date the applicant's authorized stay in the | 19 | | United States terminates; or | 20 | | (3) if the applicant's authorized stay is indefinite | 21 | | and the applicant is applying for a Limited Term REAL ID | 22 | | compliant driver's license, one year from the date of | 23 | | issuance of the license. | 24 | | (a-10) Every REAL ID compliant driver's license issued | 25 | | under this Code to an applicant who is not a United States | 26 | | citizen or permanent resident, other than a conditional |
| | | HB2315 Enrolled | - 13 - | LRB101 08090 TAE 53153 b |
|
| 1 | | permanent resident, or an individual who has an approved | 2 | | application for asylum in the United States or has entered the | 3 | | United States in refugee status, shall be marked "Limited | 4 | | Term". | 5 | | (b) Before the expiration of a driver's license, except | 6 | | those
licenses expiring on the individual's 21st birthday, or 3 | 7 | | months after
the individual's 21st birthday, the holder thereof | 8 | | may apply for a renewal
thereof, subject to all the provisions | 9 | | of Section 6-103, and the Secretary
of State may require an | 10 | | examination of the applicant. A licensee
whose driver's license | 11 | | expires on his 21st birthday, or 3 months after
his 21st | 12 | | birthday, may not apply for a renewal of his driving privileges
| 13 | | until he reaches the age of 21.
| 14 | | (c) The Secretary of State shall, 30 days prior to the | 15 | | expiration of a
driver's license, forward to each person whose | 16 | | license
is to expire a
notification of the expiration of said | 17 | | license which may
be presented at the time of renewal of said | 18 | | license.
| 19 | | There may be included with such notification information | 20 | | explaining
the anatomical gift and Emergency Medical | 21 | | Information Card provisions of
Section 6-110. The format and | 22 | | text of such information
shall be prescribed by the Secretary.
| 23 | | There shall be included with such notification,
for a | 24 | | period of 4 years beginning January 1, 2000 information | 25 | | regarding the
Illinois Adoption Registry and Medical | 26 | | Information Exchange established in
Section 18.1 of the |
| | | HB2315 Enrolled | - 14 - | LRB101 08090 TAE 53153 b |
|
| 1 | | Adoption Act.
| 2 | | (d) The Secretary may defer the expiration of the driver's | 3 | | license
of a licensee, spouse, and dependent children who are | 4 | | living with such licensee
while on active duty, serving in the | 5 | | Armed Forces of the United
States outside of the State of | 6 | | Illinois, and 120 days thereafter, upon such
terms and | 7 | | conditions as the Secretary may prescribe.
| 8 | | (d-5) The Secretary may defer the expiration of the | 9 | | driver's license of a licensee, or of a spouse or dependent | 10 | | children living with the licensee, serving as a civilian | 11 | | employee of the United States Armed Forces or the United States | 12 | | Department of Defense, outside of the State of Illinois, and | 13 | | 120 days thereafter, upon such terms and conditions as the | 14 | | Secretary may prescribe. | 15 | | (e) The Secretary of State may decline to process a renewal | 16 | | of a driver's
license
of any person who has not paid any fee or | 17 | | tax due under this Code and is not
paid upon reasonable notice | 18 | | and demand.
| 19 | | (f) The Secretary shall provide that each original or | 20 | | renewal driver's
license issued to a licensee under 21 years of | 21 | | age shall expire 3 months
after the licensee's 21st birthday. | 22 | | Persons whose current driver's licenses
expire on their 21st | 23 | | birthday on or after January 1, 1986 shall not renew their
| 24 | | driver's license before their 21st birthday, and their current | 25 | | driver's
license will be extended for an additional term of 3 | 26 | | months beyond their
21st birthday. Thereafter, the expiration |
| | | HB2315 Enrolled | - 15 - | LRB101 08090 TAE 53153 b |
|
| 1 | | and term of the driver's license
shall be governed by | 2 | | subsection (a) hereof.
| 3 | | (g) The Secretary shall provide that each original or | 4 | | renewal driver's
license issued to a licensee 81 years of age | 5 | | through age 86 shall expire 2
years from the date of issuance, | 6 | | or at such later date as the Secretary may
by rule and | 7 | | regulation designate, not to exceed an additional 12 calendar
| 8 | | months. The
Secretary shall also provide that each original or | 9 | | renewal driver's license
issued to a licensee 87 years of age | 10 | | or older shall expire 12 months from
the date of issuance, or | 11 | | at such later date as the Secretary may by rule
and regulation | 12 | | designate, not to exceed an additional 12 calendar months.
| 13 | | (h) The Secretary of State shall provide that each special
| 14 | | restricted driver's license issued under subsection (g) of | 15 | | Section
6-113 of this Code shall expire 12 months from the date | 16 | | of
issuance. The Secretary shall adopt rules defining renewal
| 17 | | requirements.
| 18 | | (i) The Secretary of State shall provide that each driver's | 19 | | license issued to a person convicted of a sex offense as | 20 | | defined in Section 2 of the Sex Offender Registration Act shall | 21 | | expire 12 months from the date of issuance or at such date as | 22 | | the Secretary may by rule designate, not to exceed an | 23 | | additional 12 calendar months. The Secretary may adopt rules | 24 | | defining renewal requirements.
| 25 | | (Source: P.A. 99-118, eff. 1-1-16; 99-305, eff. 1-1-16; 99-642, | 26 | | eff. 7-28-16; 100-248, eff. 8-22-17; 100-863, eff. 8-14-18.)
|
| | | HB2315 Enrolled | - 16 - | LRB101 08090 TAE 53153 b |
|
| 1 | | (625 ILCS 5/6-209) (from Ch. 95 1/2, par. 6-209)
| 2 | | Sec. 6-209.
Notice of Cancellation, Suspension or
| 3 | | Revocation - Surrender and Return of License.
The Secretary of | 4 | | State upon cancelling, suspending or revoking a
license or | 5 | | permit shall immediately notify the holder thereof in writing
| 6 | | and shall require that such license or permit shall be | 7 | | surrendered to
and retained by the Secretary of State. However, | 8 | | upon payment of the reinstatement
fee set out in subsection (g) | 9 | | of Section 6-118 at the end of any
period of suspension of a | 10 | | license the licensee, if not ineligible for some
other reason, | 11 | | shall be entitled to reinstatement of driving privileges and | 12 | | may apply for a duplicate driver's the
return of his license if | 13 | | it has not then expired; or, in case it has
expired, to apply | 14 | | for a new license.
| 15 | | (Source: P.A. 81-462.)
| 16 | | (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
| 17 | | Sec. 6-500. Definitions of words and phrases. | 18 | | Notwithstanding the
definitions set forth elsewhere in this
| 19 | | Code, for purposes of the Uniform Commercial Driver's License | 20 | | Act
(UCDLA), the words and phrases listed below have the | 21 | | meanings
ascribed to them as follows:
| 22 | | (1) Alcohol. "Alcohol" means any substance containing any | 23 | | form of
alcohol, including but not limited to ethanol,
| 24 | | methanol,
propanol, and
isopropanol.
|
| | | HB2315 Enrolled | - 17 - | LRB101 08090 TAE 53153 b |
|
| 1 | | (2) Alcohol concentration. "Alcohol concentration" means:
| 2 | | (A) the number of grams of alcohol per 210 liters of | 3 | | breath;
or
| 4 | | (B) the number of grams of alcohol per 100 milliliters | 5 | | of
blood; or
| 6 | | (C) the number of grams of alcohol per 67 milliliters | 7 | | of
urine.
| 8 | | Alcohol tests administered within 2 hours of the driver | 9 | | being
"stopped or detained" shall be considered that driver's | 10 | | "alcohol
concentration" for the purposes of enforcing this | 11 | | UCDLA.
| 12 | | (3) (Blank).
| 13 | | (4) (Blank).
| 14 | | (5) (Blank).
| 15 | | (5.3) CDLIS driver record. "CDLIS driver record" means the | 16 | | electronic record of the individual CDL driver's status and | 17 | | history stored by the State-of-Record as part of the Commercial | 18 | | Driver's License Information System, or CDLIS, established | 19 | | under 49 U.S.C. 31309. | 20 | | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | 21 | | record" or "CDLIS MVR" means a report generated from the CDLIS | 22 | | driver record meeting the requirements for access to CDLIS | 23 | | information and provided by states to users authorized in 49 | 24 | | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | 25 | | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | 26 | | (5.7) Commercial driver's license downgrade. "Commercial |
| | | HB2315 Enrolled | - 18 - | LRB101 08090 TAE 53153 b |
|
| 1 | | driver's license downgrade" or "CDL downgrade" means either: | 2 | | (A) a state allows the driver to change his or her | 3 | | self-certification to interstate, but operating | 4 | | exclusively in transportation or operation excepted from | 5 | | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), | 6 | | 391.2, 391.68, or 398.3; | 7 | | (B) a state allows the driver to change his or her | 8 | | self-certification to intrastate only, if the driver | 9 | | qualifies under that state's physical qualification | 10 | | requirements for intrastate only; | 11 | | (C) a state allows the driver to change his or her | 12 | | certification to intrastate, but operating exclusively in | 13 | | transportation or operations excepted from all or part of | 14 | | the state driver qualification requirements; or | 15 | | (D) a state removes the CDL privilege from the driver | 16 | | license. | 17 | | (6) Commercial Motor Vehicle.
| 18 | | (A) "Commercial motor vehicle" or "CMV" means
a motor | 19 | | vehicle or combination of motor vehicles used in commerce, | 20 | | except those referred to in subdivision (B), designed
to | 21 | | transport passengers or property if the motor vehicle:
| 22 | | (i) has a gross combination weight rating or gross | 23 | | combination weight of 11,794 kilograms or more (26,001 | 24 | | pounds or more), whichever is greater, inclusive of any | 25 | | towed unit with a gross vehicle weight rating or
gross | 26 | | vehicle weight of more than 4,536 kilograms (10,000 |
| | | HB2315 Enrolled | - 19 - | LRB101 08090 TAE 53153 b |
|
| 1 | | pounds), whichever is greater; or
| 2 | | (i-5) has a gross vehicle weight rating or gross | 3 | | vehicle weight of 11,794 or more kilograms (26,001 | 4 | | pounds or more), whichever is greater; or | 5 | | (ii) is designed to transport 16 or more
persons, | 6 | | including the driver;
or
| 7 | | (iii) is of any size and is used in transporting | 8 | | hazardous materials as defined in 49 C.F.R. 383.5.
| 9 | | (B) Pursuant to the interpretation of the Commercial | 10 | | Motor
Vehicle
Safety Act of 1986 by the Federal Highway | 11 | | Administration, the definition of
"commercial motor | 12 | | vehicle" does not include:
| 13 | | (i) recreational vehicles, when operated primarily | 14 | | for personal use;
| 15 | | (ii) vehicles owned by or operated under the | 16 | | direction of the United States Department of Defense or | 17 | | the United States Coast Guard only when operated by
| 18 | | non-civilian personnel. This includes any operator on | 19 | | active military
duty; members of the Reserves; | 20 | | National Guard; personnel on part-time
training; and | 21 | | National Guard military technicians (civilians who are
| 22 | | required to wear military uniforms and are subject to | 23 | | the Code of Military
Justice); or
| 24 | | (iii) firefighting, police, and other emergency | 25 | | equipment (including, without limitation, equipment | 26 | | owned or operated by a HazMat or technical rescue team |
| | | HB2315 Enrolled | - 20 - | LRB101 08090 TAE 53153 b |
|
| 1 | | authorized by a county board under Section 5-1127 of | 2 | | the Counties Code), with audible and
visual signals, | 3 | | owned or operated
by or for a
governmental entity, | 4 | | which is necessary to the preservation of life or
| 5 | | property or the execution of emergency governmental | 6 | | functions which are
normally not subject to general | 7 | | traffic rules and regulations.
| 8 | | (7) Controlled Substance. "Controlled substance" shall | 9 | | have the same
meaning as defined in Section 102 of the Illinois | 10 | | Controlled Substances Act,
and shall also include cannabis as | 11 | | defined in Section 3 of the Cannabis Control
Act and | 12 | | methamphetamine as defined in Section 10 of the Methamphetamine | 13 | | Control and Community Protection Act.
| 14 | | (8) Conviction. "Conviction" means an unvacated | 15 | | adjudication of guilt
or a determination that a person has | 16 | | violated or failed to comply with the
law in a court of | 17 | | original jurisdiction or by an authorized administrative
| 18 | | tribunal; an unvacated forfeiture of bail or collateral | 19 | | deposited to secure
the person's appearance in court; a plea of | 20 | | guilty or nolo contendere accepted by the court; the payment of | 21 | | a fine or court cost
regardless of whether the imposition of | 22 | | sentence is deferred and ultimately
a judgment dismissing the | 23 | | underlying charge is entered; or a violation of a
condition of | 24 | | release without bail, regardless of whether or not the penalty
| 25 | | is rebated, suspended or probated.
| 26 | | (8.5) Day. "Day" means calendar day.
|
| | | HB2315 Enrolled | - 21 - | LRB101 08090 TAE 53153 b |
|
| 1 | | (9) (Blank).
| 2 | | (10) (Blank).
| 3 | | (11) (Blank).
| 4 | | (12) (Blank).
| 5 | | (13) Driver. "Driver" means any person who drives, | 6 | | operates, or is in
physical control of a commercial motor | 7 | | vehicle, any person who is required to hold a
CDL, or any | 8 | | person who is a holder of a CDL while operating a | 9 | | non-commercial motor vehicle.
| 10 | | (13.5) Driver applicant. "Driver applicant" means an | 11 | | individual who applies to a state or other jurisdiction to | 12 | | obtain, transfer, upgrade, or renew a CDL or to obtain or renew | 13 | | a CLP.
| 14 | | (13.8) Electronic device. "Electronic device" includes, | 15 | | but is not limited to, a cellular telephone, personal digital | 16 | | assistant, pager, computer, or any other device used to input, | 17 | | write, send, receive, or read text. | 18 | | (14) Employee. "Employee" means a person who is employed as | 19 | | a
commercial
motor vehicle driver. A person who is | 20 | | self-employed as a commercial motor
vehicle driver must comply | 21 | | with the requirements of this UCDLA
pertaining to employees. An
| 22 | | owner-operator on a long-term lease shall be considered an | 23 | | employee.
| 24 | | (15) Employer. "Employer" means a person (including the | 25 | | United
States, a State or a local authority) who owns or leases | 26 | | a commercial motor
vehicle or assigns employees to operate such |
| | | HB2315 Enrolled | - 22 - | LRB101 08090 TAE 53153 b |
|
| 1 | | a vehicle. A person who is
self-employed as a commercial motor | 2 | | vehicle driver must
comply with the requirements of this UCDLA.
| 3 | | (15.1) Endorsement. "Endorsement" means an authorization | 4 | | to an individual's CLP or CDL required to permit the individual | 5 | | to operate certain types of commercial motor vehicles. | 6 | | (15.2) Entry-level driver training. "Entry-level driver | 7 | | training" means the training an entry-level driver receives | 8 | | from an entity listed on the Federal Motor Carrier Safety | 9 | | Administration's Training Provider Registry prior to: (i) | 10 | | taking the CDL skills test required to receive the Class A or | 11 | | Class B CDL for the first time; (ii) taking the CDL skills test | 12 | | required to upgrade to a Class A or Class B CDL; or (iii) | 13 | | taking the CDL skills test required to obtain a passenger or | 14 | | school bus endorsement for the first time or the CDL knowledge | 15 | | test required to obtain a hazardous materials endorsement for | 16 | | the first time. | 17 | | (15.3) Excepted interstate. "Excepted interstate" means a | 18 | | person who operates or expects to operate in interstate | 19 | | commerce, but engages exclusively in transportation or | 20 | | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or | 21 | | 398.3 from all or part of the qualification requirements of 49 | 22 | | C.F.R. Part 391 and is not required to obtain a medical | 23 | | examiner's certificate by 49 C.F.R. 391.45. | 24 | | (15.5) Excepted intrastate. "Excepted intrastate" means a | 25 | | person who operates in intrastate commerce but engages | 26 | | exclusively in transportation or operations excepted from all |
| | | HB2315 Enrolled | - 23 - | LRB101 08090 TAE 53153 b |
|
| 1 | | or parts of the state driver qualification requirements. | 2 | | (16) (Blank).
| 3 | | (16.5) Fatality. "Fatality" means the death of a person as | 4 | | a result of a motor vehicle accident.
| 5 | | (16.7) Foreign commercial driver. "Foreign commercial | 6 | | driver" means a person licensed to operate a commercial motor | 7 | | vehicle by an authority outside the United States, or a citizen | 8 | | of a foreign country who operates a commercial motor vehicle in | 9 | | the United States. | 10 | | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | 11 | | sovereign
jurisdiction that does not fall within the definition | 12 | | of "State".
| 13 | | (18) (Blank).
| 14 | | (19) (Blank).
| 15 | | (20) Hazardous materials. "Hazardous Material" means any | 16 | | material that has been designated under 49 U.S.C.
5103 and is | 17 | | required to be placarded under subpart F of 49 C.F.R. part 172 | 18 | | or any quantity of a material listed as a select agent or toxin | 19 | | in 42 C.F.R. part 73.
| 20 | | (20.5) Imminent Hazard. "Imminent hazard" means the | 21 | | existence of any condition of a vehicle, employee, or | 22 | | commercial motor vehicle operations that substantially | 23 | | increases the likelihood of serious injury or death if not | 24 | | discontinued immediately; or a condition relating to hazardous | 25 | | material that presents a substantial likelihood that death, | 26 | | serious illness, severe personal injury, or a substantial |
| | | HB2315 Enrolled | - 24 - | LRB101 08090 TAE 53153 b |
|
| 1 | | endangerment to health, property, or the environment may occur | 2 | | before the reasonably foreseeable completion date of a formal | 3 | | proceeding begun to lessen the risk of that death, illness, | 4 | | injury or endangerment.
| 5 | | (20.6) Issuance. "Issuance" means initial issuance, | 6 | | transfer, renewal, or upgrade of a CLP or CDL and non-domiciled | 7 | | CLP or CDL. | 8 | | (20.7) Issue. "Issue" means initial issuance, transfer, | 9 | | renewal, or upgrade of a CLP or CDL and non-domiciled CLP or | 10 | | non-domiciled CDL. | 11 | | (21) Long-term lease. "Long-term lease" means a lease of a | 12 | | commercial
motor vehicle by the owner-lessor to a lessee, for a | 13 | | period of more than 29
days.
| 14 | | (21.01) Manual transmission. "Manual transmission" means a | 15 | | transmission utilizing a driver-operated clutch that is | 16 | | activated by a pedal or lever and a gear-shift mechanism | 17 | | operated either by hand or foot including those known as a | 18 | | stick shift, stick, straight drive, or standard transmission. | 19 | | All other transmissions, whether semi-automatic or automatic, | 20 | | shall be considered automatic for the purposes of the | 21 | | standardized restriction code. | 22 | | (21.1) Medical examiner. "Medical examiner" means an | 23 | | individual certified by the Federal Motor Carrier Safety | 24 | | Administration and listed on the National Registry of Certified | 25 | | Medical Examiners in accordance with Federal Motor Carrier | 26 | | Safety Regulations, 49 CFR 390.101 et seq. |
| | | HB2315 Enrolled | - 25 - | LRB101 08090 TAE 53153 b |
|
| 1 | | (21.2) Medical examiner's certificate. "Medical examiner's | 2 | | certificate" means either (1) prior to June 22, 2021 2018 , a | 3 | | document prescribed or approved by the Secretary of State that | 4 | | is issued by a medical examiner to a driver to medically | 5 | | qualify him or her to drive; or (2) beginning June 22, 2021 | 6 | | 2018 , an electronic submission of results of an examination | 7 | | conducted by a medical examiner listed on the National Registry | 8 | | of Certified Medical Examiners to the Federal Motor Carrier | 9 | | Safety Administration of a driver to medically qualify him or | 10 | | her to drive. | 11 | | (21.5) Medical variance. "Medical variance" means a driver | 12 | | has received one of the following from the Federal Motor | 13 | | Carrier Safety Administration which allows the driver to be | 14 | | issued a medical certificate: (1) an exemption letter | 15 | | permitting operation of a commercial motor vehicle pursuant to | 16 | | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | 17 | | skill performance evaluation (SPE) certificate permitting | 18 | | operation of a commercial motor vehicle pursuant to 49 C.F.R. | 19 | | 391.49. | 20 | | (21.7) Mobile telephone. "Mobile telephone" means a mobile | 21 | | communication device that falls under or uses any commercial | 22 | | mobile radio service, as defined in regulations of the Federal | 23 | | Communications Commission, 47 CFR 20.3. It does not include | 24 | | two-way or citizens band radio services. | 25 | | (22) Motor Vehicle. "Motor vehicle" means every vehicle
| 26 | | which is self-propelled, and every vehicle which is propelled |
| | | HB2315 Enrolled | - 26 - | LRB101 08090 TAE 53153 b |
|
| 1 | | by electric
power obtained from over head trolley wires but not | 2 | | operated upon rails,
except vehicles moved solely by human | 3 | | power and motorized wheel chairs.
| 4 | | (22.2) Motor vehicle record. "Motor vehicle record" means a | 5 | | report of the driving status and history of a driver generated | 6 | | from the driver record provided to users, such as drivers or | 7 | | employers, and is subject to the provisions of the Driver | 8 | | Privacy Protection Act, 18 U.S.C. 2721-2725. | 9 | | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | 10 | | combination of motor vehicles not defined by the term | 11 | | "commercial motor vehicle" or "CMV" in this Section.
| 12 | | (22.7) Non-excepted interstate. "Non-excepted interstate" | 13 | | means a person who operates or expects to operate in interstate | 14 | | commerce, is subject to and meets the qualification | 15 | | requirements under 49 C.F.R. Part 391, and is required to | 16 | | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | 17 | | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | 18 | | means a person who operates only in intrastate commerce and is | 19 | | subject to State driver qualification requirements. | 20 | | (23) Non-domiciled CLP or Non-domiciled CDL. | 21 | | "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, | 22 | | respectively, issued by a state or other jurisdiction under | 23 | | either of the following two conditions: | 24 | | (i) to an individual domiciled in a foreign country | 25 | | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | 26 | | of the Federal Motor Carrier Safety Administration.
|
| | | HB2315 Enrolled | - 27 - | LRB101 08090 TAE 53153 b |
|
| 1 | | (ii) to an individual domiciled in another state | 2 | | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | 3 | | of the Federal Motor Carrier Safety Administration.
| 4 | | (24) (Blank).
| 5 | | (25) (Blank).
| 6 | | (25.5) Railroad-Highway Grade Crossing Violation. | 7 | | "Railroad-highway
grade
crossing violation" means a
violation, | 8 | | while operating a commercial motor vehicle, of
any
of the | 9 | | following:
| 10 | | (A) Section 11-1201, 11-1202, or 11-1425 of this
Code.
| 11 | | (B) Any other similar
law or local ordinance of any | 12 | | state relating to
railroad-highway grade crossing.
| 13 | | (25.7) School Bus. "School bus" means a commercial motor | 14 | | vehicle used to transport pre-primary, primary, or secondary | 15 | | school students from home to school, from school to home, or to | 16 | | and from school-sponsored events. "School bus" does not include | 17 | | a bus used as a common carrier.
| 18 | | (26) Serious Traffic Violation. "Serious traffic | 19 | | violation"
means:
| 20 | | (A) a conviction when operating a commercial motor | 21 | | vehicle, or when operating a non-CMV while holding a CLP or | 22 | | CDL,
of:
| 23 | | (i) a violation relating to excessive speeding,
| 24 | | involving a single speeding charge of 15 miles per hour | 25 | | or more above the
legal speed limit; or
| 26 | | (ii) a violation relating to reckless driving; or
|
| | | HB2315 Enrolled | - 28 - | LRB101 08090 TAE 53153 b |
|
| 1 | | (iii) a violation of any State law or local | 2 | | ordinance relating to motor
vehicle traffic control | 3 | | (other than parking violations) arising in
connection | 4 | | with a fatal traffic accident; or
| 5 | | (iv) a violation of Section 6-501, relating to | 6 | | having multiple driver's
licenses; or
| 7 | | (v) a violation of paragraph (a) of Section 6-507, | 8 | | relating to the
requirement to have a valid CLP or CDL; | 9 | | or
| 10 | | (vi) a violation relating to improper or erratic | 11 | | traffic lane changes;
or
| 12 | | (vii) a violation relating to following another | 13 | | vehicle too closely; or
| 14 | | (viii) a violation relating to texting while | 15 | | driving; or | 16 | | (ix) a violation relating to the use of a hand-held | 17 | | mobile telephone while driving; or | 18 | | (B) any other similar violation of a law or local
| 19 | | ordinance of any state relating to motor vehicle traffic | 20 | | control, other
than a parking violation, which the | 21 | | Secretary of State determines by
administrative rule to be | 22 | | serious.
| 23 | | (27) State. "State" means a state of the United States, the | 24 | | District of
Columbia and any province or territory of Canada.
| 25 | | (28) (Blank).
| 26 | | (29) (Blank).
|
| | | HB2315 Enrolled | - 29 - | LRB101 08090 TAE 53153 b |
|
| 1 | | (30) (Blank).
| 2 | | (31) (Blank).
| 3 | | (32) Texting. "Texting" means manually entering | 4 | | alphanumeric text into, or reading text from, an electronic | 5 | | device. | 6 | | (1) Texting includes, but is not limited to, short | 7 | | message service, emailing, instant messaging, a command or | 8 | | request to access a World Wide Web page, pressing more than | 9 | | a single button to initiate or terminate a voice | 10 | | communication using a mobile telephone, or engaging in any | 11 | | other form of electronic text retrieval or entry for | 12 | | present or future communication. | 13 | | (2) Texting does not include: | 14 | | (i) inputting, selecting, or reading information | 15 | | on a global positioning system or navigation system; or | 16 | | (ii) pressing a single button to initiate or | 17 | | terminate a voice communication using a mobile | 18 | | telephone; or | 19 | | (iii) using a device capable of performing | 20 | | multiple functions (for example, a fleet management | 21 | | system, dispatching device, smart phone, citizens band | 22 | | radio, or music player) for a purpose that is not | 23 | | otherwise prohibited by Part 392 of the Federal Motor | 24 | | Carrier Safety Regulations. | 25 | | (32.3) Third party skills test examiner. "Third party | 26 | | skills test examiner" means a person employed by a third party |
| | | HB2315 Enrolled | - 30 - | LRB101 08090 TAE 53153 b |
|
| 1 | | tester who is authorized by the State to administer the CDL | 2 | | skills tests specified in 49 C.F.R. Part 383, subparts G and H. | 3 | | (32.5) Third party tester. "Third party tester" means a | 4 | | person (including, but not limited to, another state, a motor | 5 | | carrier, a private driver training facility or other private | 6 | | institution, or a department, agency, or instrumentality of a | 7 | | local government) authorized by the State to employ skills test | 8 | | examiners to administer the CDL skills tests specified in 49 | 9 | | C.F.R. Part 383, subparts G and H. | 10 | | (32.7) United States. "United States" means the 50 states | 11 | | and the District of Columbia. | 12 | | (33) Use a hand-held mobile telephone. "Use a hand-held | 13 | | mobile telephone" means: | 14 | | (1) using at least one hand to hold a mobile telephone | 15 | | to conduct a voice communication; | 16 | | (2) dialing or answering a mobile telephone by pressing | 17 | | more than a single button; or | 18 | | (3) reaching for a mobile telephone in a manner that | 19 | | requires a driver to maneuver so that he or she is no | 20 | | longer in a seated driving position, restrained by a seat | 21 | | belt that is installed in accordance with 49 CFR 393.93 and | 22 | | adjusted in accordance with the vehicle manufacturer's | 23 | | instructions. | 24 | | (Source: P.A. 99-57, eff. 7-16-15; 100-223, eff. 8-18-17.)
| 25 | | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
|
| | | HB2315 Enrolled | - 31 - | LRB101 08090 TAE 53153 b |
|
| 1 | | Sec. 6-508. Commercial Driver's License (CDL) - | 2 | | qualification standards.
| 3 | | (a) Testing.
| 4 | | (1) General. No person shall be issued an original or | 5 | | renewal CDL
unless that person is
domiciled in this State | 6 | | or is applying for a non-domiciled CDL under Sections 6-509 | 7 | | and 6-510 of this Code. The Secretary shall cause to be | 8 | | administered such
tests as the Secretary deems necessary to | 9 | | meet the requirements of 49
C.F.R. Part 383, subparts F, G, | 10 | | H, and J.
| 11 | | (1.5) Effective July 1, 2014, no person shall be issued | 12 | | an original CDL or an upgraded CDL that requires a skills | 13 | | test unless that person has held a CLP, for a minimum of 14 | 14 | | calendar days, for the classification of vehicle and | 15 | | endorsement, if any, for which the person is seeking a CDL. | 16 | | (2) Third party testing. The Secretary of State may | 17 | | authorize a
"third party tester", pursuant to 49 C.F.R. | 18 | | 383.75 and 49 C.F.R. 384.228 and 384.229, to administer the
| 19 | | skills test or tests specified by the Federal Motor Carrier | 20 | | Safety
Administration pursuant to the
Commercial Motor | 21 | | Vehicle Safety Act of 1986 and any appropriate federal | 22 | | rule.
| 23 | | (3)(i) Effective February 7, 2020, unless the person is | 24 | | exempted by 49 CFR 380.603, no person shall be issued an | 25 | | original (first time issuance) CDL, an upgraded CDL or a | 26 | | school bus (S), passenger (P), or hazardous Materials (H) |
| | | HB2315 Enrolled | - 32 - | LRB101 08090 TAE 53153 b |
|
| 1 | | endorsement unless the person has successfully completed | 2 | | entry-level driver training (ELDT) taught by a training | 3 | | provider listed on the federal Training Provider Registry. | 4 | | (ii) Persons who obtain a CLP before February 7, 2020 | 5 | | are not required to complete ELDT if the person obtains a | 6 | | CDL before the CLP or renewed CLP expires. | 7 | | (iii) Except for persons seeking the H endorsement, | 8 | | persons must complete the theory and behind-the-wheel | 9 | | (range and public road) portions of ELDT within one year of | 10 | | completing the first portion. | 11 | | (iv) The Secretary shall adopt rules to implement this | 12 | | subsection.
| 13 | | (b) Waiver of Skills Test. The Secretary of State may waive | 14 | | the skills
test specified in this Section for a driver | 15 | | applicant for a commercial driver license
who meets the | 16 | | requirements of 49 C.F.R. 383.77.
The Secretary of State shall | 17 | | waive the skills tests specified in this Section for a driver | 18 | | applicant who has military commercial motor vehicle | 19 | | experience, subject to the requirements of 49 C.F.R. 383.77.
| 20 | | (b-1) No person shall be issued a CDL unless the person | 21 | | certifies to the Secretary one of the following types of | 22 | | driving operations in which he or she will be engaged: | 23 | | (1) non-excepted interstate; | 24 | | (2) non-excepted intrastate; | 25 | | (3) excepted interstate; or | 26 | | (4) excepted intrastate. |
| | | HB2315 Enrolled | - 33 - | LRB101 08090 TAE 53153 b |
|
| 1 | | (b-2) (Blank). | 2 | | (c) Limitations on issuance of a CDL. A CDL shall not be | 3 | | issued to a person while the person is
subject to a | 4 | | disqualification from driving a commercial motor vehicle, or
| 5 | | unless otherwise permitted by this Code, while the person's | 6 | | driver's
license is suspended, revoked or cancelled in
any | 7 | | state, or any territory or province of Canada; nor may a CLP or | 8 | | CDL be issued
to a person who has a CLP or CDL issued by any | 9 | | other state, or foreign
jurisdiction, nor may a CDL be issued | 10 | | to a person who has an Illinois CLP unless the person first | 11 | | surrenders all of these
licenses or permits. However, a person | 12 | | may hold an Illinois CLP and an Illinois CDL providing the CLP | 13 | | is necessary to train or practice for an endorsement or vehicle | 14 | | classification not present on the current CDL. No CDL shall be | 15 | | issued to or renewed for a person who does not
meet the | 16 | | requirement of 49 CFR 391.41(b)(11). The requirement may be met | 17 | | with
the aid of a hearing aid.
| 18 | | (c-1) The Secretary may issue a CDL with a school bus | 19 | | driver endorsement
to allow a person to drive the type of bus | 20 | | described in subsection (d-5) of
Section 6-104 of this Code. | 21 | | The CDL with a school bus driver endorsement may be
issued only | 22 | | to a person meeting the following requirements:
| 23 | | (1) the person has submitted his or her fingerprints to | 24 | | the
Department of State Police in the form and manner
| 25 | | prescribed by the Department of State Police. These
| 26 | | fingerprints shall be checked against the fingerprint |
| | | HB2315 Enrolled | - 34 - | LRB101 08090 TAE 53153 b |
|
| 1 | | records
now and hereafter filed in the Department of State | 2 | | Police and
Federal Bureau of Investigation criminal | 3 | | history records databases;
| 4 | | (2) the person has passed a written test, administered | 5 | | by the Secretary of
State, on charter bus operation, | 6 | | charter bus safety, and certain special
traffic laws
| 7 | | relating to school buses determined by the Secretary of | 8 | | State to be relevant to
charter buses, and submitted to a | 9 | | review of the driver applicant's driving
habits by the | 10 | | Secretary of State at the time the written test is given;
| 11 | | (3) the person has demonstrated physical fitness to | 12 | | operate school buses
by
submitting the results of a medical | 13 | | examination, including tests for drug
use; and
| 14 | | (4) the person has not been convicted of committing or | 15 | | attempting
to commit any
one or more of the following | 16 | | offenses: (i) those offenses defined in
Sections 8-1.2, | 17 | | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | 18 | | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | 19 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
| 20 | | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | 21 | | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | 22 | | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | 23 | | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | 24 | | 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, | 25 | | 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, | 26 | | 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, |
| | | HB2315 Enrolled | - 35 - | LRB101 08090 TAE 53153 b |
|
| 1 | | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, | 2 | | 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, | 3 | | 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
| 4 | | 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, | 5 | | 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, | 6 | | 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection | 7 | | (b) of Section 8-1, and in subdivisions (a)(1), (a)(2), | 8 | | (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of | 9 | | Section 12-3.05, and in subsection (a) and subsection (b), | 10 | | clause (1), of Section
12-4, and in subsection (A), clauses | 11 | | (a) and (b), of Section 24-3, and those offenses contained | 12 | | in Article 29D of the Criminal Code of 1961 or the Criminal | 13 | | Code of 2012; (ii) those offenses defined in the
Cannabis | 14 | | Control Act except those offenses defined in subsections | 15 | | (a) and
(b) of Section 4, and subsection (a) of Section 5 | 16 | | of the Cannabis Control
Act; (iii) those offenses defined | 17 | | in the Illinois Controlled Substances
Act; (iv) those | 18 | | offenses defined in the Methamphetamine Control and | 19 | | Community Protection Act; (v) any offense committed or | 20 | | attempted in any other state or against
the laws of the | 21 | | United States, which if committed or attempted in this
| 22 | | State would be punishable as one or more of the foregoing | 23 | | offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 | 24 | | of the Wrongs to Children Act or Section 11-9.1A of the | 25 | | Criminal Code of 1961 or the Criminal Code of 2012; (vii) | 26 | | those offenses defined in Section 6-16 of the Liquor |
| | | HB2315 Enrolled | - 36 - | LRB101 08090 TAE 53153 b |
|
| 1 | | Control Act of
1934; and (viii) those offenses defined in | 2 | | the Methamphetamine Precursor Control Act.
| 3 | | The Department of State Police shall charge
a fee for | 4 | | conducting the criminal history records check, which shall be
| 5 | | deposited into the State Police Services Fund and may not | 6 | | exceed the actual
cost of the records check.
| 7 | | (c-2) The Secretary shall issue a CDL with a school bus | 8 | | endorsement to allow a person to drive a school bus as defined | 9 | | in this Section. The CDL shall be issued according to the | 10 | | requirements outlined in 49 C.F.R. 383. A person may not | 11 | | operate a school bus as defined in this Section without a | 12 | | school bus endorsement. The Secretary of State may adopt rules | 13 | | consistent with Federal guidelines to implement this | 14 | | subsection (c-2).
| 15 | | (d) (Blank).
| 16 | | (Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; | 17 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff. | 18 | | 1-1-14; 98-176 (see Section 10 of P.A. 98-722 and Section 10 of | 19 | | P.A. 99-414 for effective date of changes made by 98-176); | 20 | | 98-756, eff. 7-16-14.) | 21 | | (625 ILCS 5/6-508.1) | 22 | | Sec. 6-508.1. Medical examiner's certificate. | 23 | | (a) It shall be unlawful for any person to drive a CMV in | 24 | | non-excepted interstate commerce unless the person holds a CLP | 25 | | or CDL and is medically certified as physically qualified to do |
| | | HB2315 Enrolled | - 37 - | LRB101 08090 TAE 53153 b |
|
| 1 | | so. | 2 | | (b) No person who has certified to non-excepted interstate | 3 | | driving as provided in Sections 6-507.5 and 6-508 of this Code | 4 | | shall be issued a CLP or CDL unless that person has a current | 5 | | medical examiner's certificate on the CDLIS driver record. | 6 | | (c) (Blank). | 7 | | (d) On and after January 30, 2014, all persons who hold a | 8 | | commercial driver instruction permit or CDL who have certified | 9 | | as non-excepted interstate shall maintain a current medical | 10 | | examiner's certificate on file with the Secretary. On and after | 11 | | July 1, 2014, all persons issued a CLP who have certified as | 12 | | non-excepted interstate shall maintain a current medical | 13 | | examiner's certificate on file with the Secretary. | 14 | | (e) Before June 22, 2021 2018 , the Secretary shall post the | 15 | | following to the CDLIS driver record within 10 calendar days of | 16 | | receipt of a medical examiner's certificate of a driver who has | 17 | | certified as non-excepted interstate: | 18 | | (1) the medical examiner's name; | 19 | | (2) the medical examiner's telephone number; | 20 | | (3) the date of issuance of the medical examiner's | 21 | | certificate; | 22 | | (4) the medical examiner's license number and the state | 23 | | that issued it; | 24 | | (5) the medical certification status; | 25 | | (6) the expiration date of the medical examiner's | 26 | | certificate; |
| | | HB2315 Enrolled | - 38 - | LRB101 08090 TAE 53153 b |
|
| 1 | | (7) the existence of any medical variance on the | 2 | | medical examiner's certificate, including, but not limited | 3 | | to, an exemption, Skills Performance Evaluation | 4 | | certification, issuance and expiration date of the medical | 5 | | variance, or any grandfather provisions; | 6 | | (8) any restrictions noted on the medical examiner's | 7 | | certificate; | 8 | | (9) the date the medical examiner's certificate | 9 | | information was posted to the CDLIS driver record; and | 10 | | (10) the medical examiner's National Registry of | 11 | | Certified Medical Examiners identification number. | 12 | | (e-5) Beginning June 22, 2021 2018 , the Secretary shall | 13 | | post the following to the CDLIS driver record within one | 14 | | business day of electronic receipt from the Federal Motor | 15 | | Carrier Safety Administration of a driver's identification, | 16 | | examination results, restriction information, and medical | 17 | | variance information resulting from an examination performed | 18 | | by a medical examiner on the National Registry of Certified | 19 | | Medical Examiners for any driver who has certified as | 20 | | non-excepted interstate: | 21 | | (1) the medical examiner's name; | 22 | | (2) the medical examiner's telephone number; | 23 | | (3) the date of issuance of the medical examiner's | 24 | | certificate; | 25 | | (4) the medical examiner's license number and the state | 26 | | that issued it; |
| | | HB2315 Enrolled | - 39 - | LRB101 08090 TAE 53153 b |
|
| 1 | | (5) the medical certification status; | 2 | | (6) the expiration date of the medical examiner's | 3 | | certificate; | 4 | | (7) the existence of any medical variance on the | 5 | | medical examiner's certificate, including, but not limited | 6 | | to, an exemption, Skills Performance Evaluation | 7 | | certification, issue and expiration date of a medical | 8 | | variance, or any grandfather provisions; | 9 | | (8) any restrictions noted on the medical examiner's | 10 | | certificate; | 11 | | (9) the date the medical examiner's certificate | 12 | | information was posted to the CDLIS driver record; and | 13 | | (10) the medical examiner's National Registry of | 14 | | Certified Medical Examiners identification number. | 15 | | (f) Within 10 calendar days of the expiration or rescission | 16 | | of the driver's medical examiner's certificate or medical | 17 | | variance or both, the Secretary shall update the medical | 18 | | certification status to "not certified". | 19 | | (g) Within 10 calendar days of receipt of information from | 20 | | the Federal Motor Carrier Safety Administration regarding | 21 | | issuance or renewal of a medical variance, the Secretary shall | 22 | | update the CDLIS driver record to include the medical variance | 23 | | information provided by the Federal Motor Carrier Safety | 24 | | Administration. | 25 | | (g-5) Beginning June 22, 2021 2018 , within one business day | 26 | | of electronic receipt of information from the Federal Motor |
| | | HB2315 Enrolled | - 40 - | LRB101 08090 TAE 53153 b |
|
| 1 | | Carrier Safety Administration regarding issuance or renewal of | 2 | | a medical variance, the Secretary shall update the CDLIS driver | 3 | | record to include the medical variance information provided by | 4 | | the Federal Motor Carrier Safety Administration. | 5 | | (h) The Secretary shall notify the driver of his or her | 6 | | non-certified status and that his or her CDL will be canceled | 7 | | unless the driver submits a current medical examiner's | 8 | | certificate or medical variance or changes his or her | 9 | | self-certification to driving only in excepted or intrastate | 10 | | commerce. | 11 | | (i) Within 60 calendar days of a driver's medical | 12 | | certification status becoming non-certified, the Secretary | 13 | | shall cancel the CDL.
| 14 | | (j) As required under the Code of Federal Regulations 49 | 15 | | CFR 390.39, an operator of a covered farm vehicle, as defined | 16 | | under Section 18b-101 of this Code, is exempt from the | 17 | | requirements of this Section. | 18 | | (k) For purposes of ensuring a person is medically fit to | 19 | | drive a commercial motor vehicle, the Secretary may release | 20 | | medical information provided by an applicant or a holder of a | 21 | | CDL or CLP to the Federal Motor Carrier Safety Administration. | 22 | | Medical information includes, but is not limited to, a medical | 23 | | examiner's certificate, a medical report that the Secretary | 24 | | requires to be submitted, statements regarding medical | 25 | | conditions made by an applicant or a holder of a CDL or CLP, or | 26 | | statements made by his or her physician. |
| | | HB2315 Enrolled | - 41 - | LRB101 08090 TAE 53153 b |
|
| 1 | | (Source: P.A. 99-57, eff. 7-16-15; 99-607, eff. 7-22-16; | 2 | | 100-223, eff. 8-18-17.)
| | | | HB2315 Enrolled | - 42 - | LRB101 08090 TAE 53153 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 100/10-75 | | | 4 | | 15 ILCS 335/8 | from Ch. 124, par. 28 | | 5 | | 625 ILCS 5/2-111 | from Ch. 95 1/2, par. 2-111 | | 6 | | 625 ILCS 5/3-704 | from Ch. 95 1/2, par. 3-704 | | 7 | | 625 ILCS 5/6-115 | from Ch. 95 1/2, par. 6-115 | | 8 | | 625 ILCS 5/6-209 | from Ch. 95 1/2, par. 6-209 | | 9 | | 625 ILCS 5/6-500 | from Ch. 95 1/2, par. 6-500 | | 10 | | 625 ILCS 5/6-508.1 | |
| |
|