Full Text of HB4041 94th General Assembly
HB4041 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4041
Introduced 2/28/2005, by Rep. Richard P. Myers SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-103 |
from Ch. 95 1/2, par. 6-103 |
625 ILCS 5/6-115 |
from Ch. 95 1/2, par. 6-115 |
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Amends the Illinois Vehicle Code. Provides that the Secretary of State may not issue a driver's license or permit to any person 75 years or older, unless the person passes a vision examination or presents a report of a vision examination, conducted within the previous 90 days by an ophthalmologist or optometrist, indicating that the applicant's vision meets or exceeds standards. Provides that persons 75 through 80 (rather than 81 through 86) years of age must renew their driver's licenses every 2 years. Provides that every person 81 (rather than 87) years of age or older must renew his or her driver's license every year. Deletes language allowing the Secretary of State to extend the length of the one-year or 2-year renewal period by as much as one year.
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A BILL FOR
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HB4041 |
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LRB094 11378 DRH 42259 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 6-103 and 6-115 as follows:
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| (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
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| Sec. 6-103. What persons shall not be licensed as drivers | 8 |
| or granted
permits. The Secretary of State shall not issue, | 9 |
| renew, or
allow the retention of any driver's
license nor issue | 10 |
| any permit under this Code:
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| 1. To any person, as a driver, who is under the age of | 12 |
| 18 years except
as provided in Section 6-107, and except | 13 |
| that an instruction permit may be
issued under Section | 14 |
| 6-107.1 to a child who
is not less than 15 years of age if | 15 |
| the child is enrolled in an approved
driver education | 16 |
| course as defined in Section 1-103 of this Code and
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| requires an instruction permit to participate therein, | 18 |
| except that an
instruction permit may be issued under the | 19 |
| provisions of Section 6-107.1
to a child who is 17 years | 20 |
| and 9 months of age without the child having
enrolled in an
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| approved driver education course and except that an
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| instruction permit may be issued to a child who is at least | 23 |
| 15 years and 6
months of age, is enrolled in school, meets | 24 |
| the educational requirements of
the Driver Education Act, | 25 |
| and has passed examinations the Secretary of State in
his | 26 |
| or her discretion may prescribe;
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| 2. To any person who is under the age of 18 as an | 28 |
| operator of a motorcycle
other than a motor driven cycle | 29 |
| unless the person has, in addition to
meeting the | 30 |
| provisions of Section 6-107 of this Code, successfully
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| completed a motorcycle
training course approved by the | 32 |
| Illinois Department of Transportation and
successfully |
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HB4041 |
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LRB094 11378 DRH 42259 b |
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| completes the required Secretary of State's motorcycle | 2 |
| driver's
examination;
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| 3. To any person, as a driver, whose driver's license | 4 |
| or permit has been
suspended, during the suspension, nor to | 5 |
| any person whose driver's license or
permit has been | 6 |
| revoked, except as provided in Sections 6-205, 6-206, and
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| 6-208;
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| 4. To any person, as a driver, who is a user of alcohol | 9 |
| or any other
drug to a degree that renders the person | 10 |
| incapable of safely driving a motor
vehicle;
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| 5. To any person, as a driver, who has previously been | 12 |
| adjudged to be
afflicted with or suffering from any mental | 13 |
| or physical disability or disease
and who has not at the | 14 |
| time of application been restored to competency by the
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| methods provided by law;
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| 6. To any person, as a driver, who is required by the | 17 |
| Secretary of State
to submit an alcohol and drug evaluation | 18 |
| or take an examination provided
for in this Code unless the | 19 |
| person has
successfully passed the examination and | 20 |
| submitted any required evaluation;
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| 7. To any person who is required under the provisions | 22 |
| of the laws of
this State to deposit security or proof of | 23 |
| financial responsibility and who
has not deposited the | 24 |
| security or proof;
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| 8. To any person when the Secretary of State has good | 26 |
| cause to believe
that the person by reason of physical or | 27 |
| mental disability would not be
able to safely operate a | 28 |
| motor vehicle upon the highways, unless the
person shall | 29 |
| furnish to the Secretary of State a verified written
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| statement, acceptable to the Secretary of State, from a | 31 |
| competent medical
specialist to the effect that the | 32 |
| operation of a motor vehicle by the
person would not be | 33 |
| inimical to the public safety;
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| 9. To any person, as a driver, who is 69 years of age | 35 |
| or older, unless
the person has successfully complied with | 36 |
| the provisions of Section 6-109;
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| 9.1 To any person, as a driver, who is 75 years or | 2 |
| older, unless the person (i) passes a vision examination or | 3 |
| (ii) presents a report of a vision examination, conducted | 4 |
| within the previous 90 days by an ophthalmologist or | 5 |
| optometrist, indicating that the applicant's vision meets | 6 |
| or exceeds standards;
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| 10. To any person convicted, within 12 months of | 8 |
| application for a
license, of any of the sexual offenses | 9 |
| enumerated in paragraph 2 of subsection
(b) of Section | 10 |
| 6-205;
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| 11. To any person who is under the age of 21 years with | 12 |
| a classification
prohibited in paragraph (b) of Section | 13 |
| 6-104 and to any person who is under
the age of 18 years | 14 |
| with a classification prohibited in paragraph (c) of
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| Section 6-104;
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| 12. To any person who has been either convicted of or | 17 |
| adjudicated under
the Juvenile Court Act of 1987 based upon | 18 |
| a violation of the Cannabis Control
Act or the Illinois | 19 |
| Controlled Substances Act while that person was in actual
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| physical control of a motor vehicle. For purposes of this | 21 |
| Section, any person
placed on probation under Section 10 of | 22 |
| the Cannabis Control Act or Section 410
of the Illinois | 23 |
| Controlled Substances Act shall not be considered | 24 |
| convicted.
Any person found guilty of this offense, while | 25 |
| in actual physical control of a
motor vehicle, shall have | 26 |
| an entry made in the court record by the judge that
this | 27 |
| offense did occur while the person was in actual physical | 28 |
| control of a
motor vehicle and order the clerk of the court | 29 |
| to report the violation to the
Secretary of State as such. | 30 |
| The Secretary of State shall not issue a new
license or | 31 |
| permit for a period of one year;
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| 13. To any person who is under the age of 18 years and | 33 |
| who has committed
the offense
of operating a motor vehicle | 34 |
| without a valid license or permit in violation of
Section | 35 |
| 6-101;
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| 14. To any person who is
90 days or more
delinquent in |
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| court ordered child support
payments or has been | 2 |
| adjudicated in arrears
in an amount equal to 90 days' | 3 |
| obligation or more
and who has been found in contempt
of
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| court for failure to pay the support, subject to the | 5 |
| requirements and
procedures of Article VII of Chapter 7 of
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| the Illinois Vehicle Code;
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| 15. To any person released from a term of imprisonment | 8 |
| for violating
Section 9-3 of the Criminal Code of 1961 or a | 9 |
| similar provision of a law of another state relating to | 10 |
| reckless homicide or for violating subparagraph (F) of | 11 |
| paragraph (1) of subsection (d) of Section 11-501 of this | 12 |
| Code relating to aggravated driving under the influence of | 13 |
| alcohol, other drug or drugs, intoxicating compound or | 14 |
| compounds, or any combination thereof, if the violation was | 15 |
| the proximate cause of a death, within
24 months of release | 16 |
| from a term of imprisonment; or
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| 16. To any person who, with intent to influence any act | 18 |
| related to the issuance of any driver's license or permit, | 19 |
| by an employee of the Secretary of State's Office, or the | 20 |
| owner or employee of any commercial driver training school | 21 |
| licensed by the Secretary of State, or any other individual | 22 |
| authorized by the laws of this State to give driving | 23 |
| instructions or administer all or part of a driver's | 24 |
| license examination, promises or tenders to that person any | 25 |
| property or personal advantage which that person is not | 26 |
| authorized by law to accept. Any persons promising or | 27 |
| tendering such property or personal advantage shall be | 28 |
| disqualified from holding any class of driver's license or | 29 |
| permit for 120 consecutive days. The Secretary of State | 30 |
| shall establish by rule the procedures for implementing | 31 |
| this period of disqualification and the procedures by which | 32 |
| persons so disqualified may obtain administrative review | 33 |
| of the decision to disqualify ; or
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16. To any person for whom the Secretary of State | 35 |
| cannot verify the
accuracy of any information or | 36 |
| documentation submitted in application for a
driver's |
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| license. | 2 |
| The Secretary of State shall retain all conviction
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| information, if the information is required to be held | 4 |
| confidential under
the Juvenile Court Act of 1987.
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| (Source: P.A. 92-343, eff. 1-1-02; 93-174, eff. 1-1-04; 93-712, | 6 |
| eff. 1-1-05; 93-783, eff. 1-1-05; 93-788, eff. 1-1-05; 93-895, | 7 |
| eff. 1-1-05; revised 10-22-04.)
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| (625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
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| Sec. 6-115. Expiration of driver's license.
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| (a) Except as provided elsewhere in this Section, every
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| driver's license issued under the provisions of
this Code shall
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| expire 4 years from the date of its issuance, or at such later
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| date, as the Secretary of State may by proper rule and | 14 |
| regulation designate,
not to exceed 12 calendar months; in the | 15 |
| event
that an applicant for renewal of a driver's license fails
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| to apply prior to
the expiration date of the previous driver's | 17 |
| license, the renewal driver's
license
shall expire 4 years from | 18 |
| the expiration date of the previous
driver's license, or at | 19 |
| such later date as the Secretary of State may
by proper rule | 20 |
| and
regulation designate, not to exceed 12 calendar months.
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| The Secretary of State may, however, issue to a
person not | 22 |
| previously licensed as a driver in Illinois a driver's
license
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| which will expire not less than 4 years nor more than 5
years | 24 |
| from date of
issuance, except as provided elsewhere in this | 25 |
| Section.
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| The Secretary of State is authorized to issue driver's | 27 |
| licenses during
the years 1984 through 1987 which shall expire | 28 |
| not less than 3 years nor
more than 5 years from the date of | 29 |
| issuance, except as provided elsewhere
in this Section, for the | 30 |
| purpose of converting
all driver's licenses issued under this | 31 |
| Code to a 4 year expiration. Provided
that all original | 32 |
| driver's licenses, except as provided elsewhere in
this | 33 |
| Section, shall expire not less than 4 years nor more than
5 | 34 |
| years from the date of issuance.
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| (b) Before the expiration of a driver's license, except |
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| those
licenses expiring on the individual's 21st birthday, or 3 | 2 |
| months after
the individual's 21st birthday, the holder thereof | 3 |
| may apply for a renewal
thereof, subject to all the provisions | 4 |
| of Section 6-103, and the Secretary
of State may require an | 5 |
| examination of the applicant. A licensee
whose driver's license | 6 |
| expires on his 21st birthday, or 3 months after
his 21st | 7 |
| birthday, may not apply for a renewal of his driving privileges
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| until he reaches the age of 21.
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| (c) The Secretary of State shall, 30 days prior to the | 10 |
| expiration of a
driver's license, forward to each person whose | 11 |
| license
is to expire a
notification of the expiration of said | 12 |
| license which may
be presented at the time of renewal of said | 13 |
| license.
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| There may be included with such notification information | 15 |
| explaining
the anatomical gift and Emergency Medical | 16 |
| Information Card provisions of
Section 6-110. The format and | 17 |
| text of such information
shall be prescribed by the Secretary.
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| There shall be included with such notification,
for a | 19 |
| period of 4 years beginning January 1, 2000 information | 20 |
| regarding the
Illinois Adoption Registry and Medical | 21 |
| Information Exchange established in
Section 18.1 of the | 22 |
| Adoption Act.
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| (d) The Secretary may defer the expiration of the driver's | 24 |
| license
of a licensee, spouse, and dependent children who are | 25 |
| living with such licensee
while on active duty, serving in the | 26 |
| Armed Forces of the United
States outside of the State of | 27 |
| Illinois, and 45 days thereafter, upon such
terms and | 28 |
| conditions as the Secretary may prescribe.
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| (e) The Secretary of State may decline to process a renewal | 30 |
| of a driver's
license
of any person who has not paid any fee or | 31 |
| tax due under this Code and is not
paid upon reasonable notice | 32 |
| and demand.
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| (f) The Secretary shall provide that each original or | 34 |
| renewal driver's
license issued to a licensee under 21 years of | 35 |
| age shall expire 3 months
after the licensee's 21st birthday. | 36 |
| Persons whose current driver's licenses
expire on their 21st |
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| birthday on or after January 1, 1986 shall not renew their
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| driver's license before their 21st birthday, and their current | 3 |
| driver's
license will be extended for an additional term of 3 | 4 |
| months beyond their
21st birthday. Thereafter, the expiration | 5 |
| and term of the driver's license
shall be governed by | 6 |
| subsection (a) hereof.
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| (g) The Secretary shall provide that each original or | 8 |
| renewal driver's
license issued to a licensee 75
81 years of | 9 |
| age through age 80
86 shall expire 2
years from the date of | 10 |
| issuance , or at such later date as the Secretary may
by rule | 11 |
| and regulation designate, not to exceed an additional 12 | 12 |
| calendar
months . The
Secretary shall also provide that each | 13 |
| original or renewal driver's license
issued to a licensee 81
87
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| years of age or older shall expire 12 months from
the date of | 15 |
| issuance , or at such later date as the Secretary may by rule
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| and regulation designate, not to exceed an additional 12 | 17 |
| calendar months .
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| (h) The Secretary of State shall provide that each special
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| restricted driver's license issued under subsection (g) of | 20 |
| Section
6-113 of this Code shall expire 12 months from the date | 21 |
| of
issuance. The Secretary shall adopt rules defining renewal
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| requirements.
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| (Source: P.A. 91-417, eff. 1-1-00; 92-274, eff. 1-1-02.)
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