Full Text of HB5565 095th General Assembly
HB5565 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5565
Introduced , by Rep. Aaron Schock SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-106 |
from Ch. 95 1/2, par. 6-106 |
625 ILCS 5/6-109 |
from Ch. 95 1/2, par. 6-109 |
625 ILCS 5/6-115 |
from Ch. 95 1/2, par. 6-115 |
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Amends the Illinois Vehicle Code. Provides that a valid Illinois Firearm Owner's Identification Card must be accepted by the Secretary of State as photo identification of an applicant for a driver's license or instruction permit.
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A BILL FOR
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HB5565 |
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LRB095 16894 RCE 42937 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 6-106, 6-109, and 6-115 as follows: | 6 |
| (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
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| Sec. 6-106. Application for license or instruction permit.
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| (a) Every application for any permit or license authorized | 9 |
| to be issued
under this Act shall be made upon a form furnished | 10 |
| by the Secretary of
State. Every application shall be | 11 |
| accompanied by the proper fee and payment
of such fee shall | 12 |
| entitle the applicant to not more than 3 attempts to pass
the | 13 |
| examination within a period of 1 year after the date of | 14 |
| application.
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| (b) Every application shall state the legal name, social | 16 |
| security
number, zip
code, date of birth, sex, and residence | 17 |
| address of the applicant; briefly
describe the applicant; state | 18 |
| whether the applicant has theretofore been
licensed as a | 19 |
| driver, and, if so, when and by what state or country, and
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| whether any such license has ever been cancelled, suspended, | 21 |
| revoked or
refused, and, if so, the date and reason for such | 22 |
| cancellation, suspension,
revocation or refusal; shall include | 23 |
| an affirmation by the applicant that
all information set forth |
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| is true and correct; and shall bear the
applicant's signature. | 2 |
| The application form may
also require the statement of such | 3 |
| additional relevant information as the
Secretary of State shall | 4 |
| deem necessary to determine the applicant's
competency and | 5 |
| eligibility. The Secretary of State may in his discretion
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| substitute a federal tax number in lieu of a social security | 7 |
| number, or he
may instead assign an additional distinctive | 8 |
| number in lieu thereof, where
an applicant is prohibited by | 9 |
| bona fide religious convictions from applying
or is exempt from | 10 |
| applying for a social security number. The Secretary of
State | 11 |
| shall, however, determine which religious orders or sects have | 12 |
| such
bona fide religious convictions. The Secretary of State | 13 |
| may, in his
discretion, by rule or regulation, provide that an | 14 |
| application for a
drivers license or permit may include a | 15 |
| suitable photograph of the
applicant in the
form prescribed by | 16 |
| the Secretary, and he may further provide that each
drivers | 17 |
| license shall include a photograph of the driver. The Secretary | 18 |
| of
State may utilize a photograph process or system most | 19 |
| suitable to deter
alteration or improper reproduction of a | 20 |
| drivers license and to prevent
substitution of another photo | 21 |
| thereon.
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| (c) The application form shall include a notice to the | 23 |
| applicant of the
registration obligations of sex offenders | 24 |
| under the Sex Offender Registration
Act. The notice shall be | 25 |
| provided in a form and manner prescribed by the
Secretary of | 26 |
| State. For purposes of this subsection (c), "sex offender" has
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| the meaning ascribed to it in Section 2 of the Sex Offender | 2 |
| Registration Act.
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| (d) Any male United States citizen or immigrant who applies | 4 |
| for any
permit or
license authorized to be issued under this | 5 |
| Act or for a renewal of any permit
or
license,
and who is at | 6 |
| least 18 years of age but less than 26 years of age, must be
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| registered in compliance with the requirements of the federal | 8 |
| Military
Selective
Service Act.
The Secretary of State must | 9 |
| forward in an electronic format the necessary
personal | 10 |
| information regarding the applicants identified in this | 11 |
| subsection (d)
to
the Selective Service System. The applicant's | 12 |
| signature on the application
serves
as an indication that the | 13 |
| applicant either has already registered with the
Selective
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| Service System or that he is authorizing the Secretary to | 15 |
| forward to the
Selective
Service System the necessary | 16 |
| information for registration. The Secretary must
notify the | 17 |
| applicant at the time of application that his signature | 18 |
| constitutes
consent to registration with the Selective Service | 19 |
| System, if he is not already
registered.
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| (e) A valid Illinois Firearm Owner's Identification Card | 21 |
| must be accepted by the Secretary of State as photo | 22 |
| identification of an applicant. | 23 |
| (Source: P.A. 92-117, eff. 1-1-02; 93-895, eff. 1-1-05.)
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| (625 ILCS 5/6-109) (from Ch. 95 1/2, par. 6-109)
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| Sec. 6-109. Examination of Applicants.
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| (a) The Secretary of State shall examine every applicant | 2 |
| for a driver's
license or permit who has not been previously | 3 |
| licensed as a driver under the
laws of this State or any other | 4 |
| state or country, or any applicant for renewal
of such driver's | 5 |
| license or permit when such license or permit has been expired
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| for more than one year. The Secretary of State shall, subject | 7 |
| to the
provisions of paragraph (c), examine every licensed | 8 |
| driver at least every 8
years, and may examine or re-examine | 9 |
| any other applicant or licensed driver,
provided that during | 10 |
| the years 1984 through 1991 those drivers issued a license
for | 11 |
| 3 years may be re-examined not less than every 7 years or more | 12 |
| than every
10 years.
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| The Secretary of State shall require the testing of the | 14 |
| eyesight of any
driver's license or permit applicant who has | 15 |
| not been previously licensed
as a driver under the laws of this | 16 |
| State and shall promulgate rules and
regulations to provide for | 17 |
| the orderly administration of all the provisions of
this | 18 |
| Section.
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| (b) Except as provided for those applicants in paragraph | 20 |
| (c), such
examination shall include a test of the applicant's
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| eyesight, his ability to read and understand official traffic | 22 |
| control devices,
his knowledge of safe driving practices and | 23 |
| the traffic laws of this State,
and may include an actual | 24 |
| demonstration of the applicant's ability to exercise
ordinary | 25 |
| and reasonable control of the operation of a motor vehicle, and
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| such further physical and mental examination as the Secretary |
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| of State finds
necessary to determine the applicant's fitness | 2 |
| to operate a motor vehicle
safely on the highways, except the | 3 |
| examination of an applicant 75 years
of age or older shall | 4 |
| include an actual demonstration of the applicant's
ability to | 5 |
| exercise ordinary and reasonable control of the operation of
a | 6 |
| motor vehicle. All portions of written and verbal examinations | 7 |
| under
this Section, excepting where the English language | 8 |
| appears on facsimiles
of road signs, may be given in the | 9 |
| Spanish language and, at the discretion
of the Secretary of | 10 |
| State, in any other language as well as in English upon
request | 11 |
| of the examinee. Deaf persons who are otherwise qualified are | 12 |
| not
prohibited from being issued a license, other than a | 13 |
| commercial driver's
license, under this Code.
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| (c) Re-examination for those applicants who at the time of | 15 |
| renewing their
driver's license possess a driving record devoid | 16 |
| of any convictions of traffic
violations or evidence of | 17 |
| committing an offense
for which mandatory revocation
would be | 18 |
| required upon conviction pursuant to Section 6-205 at the time
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| of renewal shall be in a manner prescribed by the Secretary
in | 20 |
| order to determine an applicant's ability to safely operate a | 21 |
| motor
vehicle,
except that every applicant for the renewal of a | 22 |
| driver's license who is
75 years of age or older must prove, by | 23 |
| an actual demonstration,
the applicant's ability to exercise | 24 |
| reasonable care in the safe operation
of a motor vehicle.
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| (d) In the event the applicant is not ineligible under the | 26 |
| provisions of
Section 6-103 to receive a driver's license, the |
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| Secretary of State
shall make provision for giving an | 2 |
| examination, either in the county where
the applicant resides | 3 |
| or at a place adjacent thereto reasonably convenient
to the | 4 |
| applicant, within not more than 30 days from the date said
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| application is received.
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| (e) A valid Illinois Firearm Owner's Identification Card | 7 |
| must be accepted by the Secretary of State as photo | 8 |
| identification of an applicant. | 9 |
| (Source: P.A. 91-350, eff. 7-29-99.)
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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 | 16 |
| regulation designate,
not to exceed 12 calendar months; in the | 17 |
| 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 | 19 |
| license, the renewal driver's
license
shall expire 4 years from | 20 |
| the expiration date of the previous
driver's license, or at | 21 |
| such later date as the Secretary of State may
by proper rule | 22 |
| and
regulation designate, not to exceed 12 calendar months.
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| The Secretary of State may, however, issue to a
person not | 24 |
| 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 |
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| from date of
issuance, except as provided elsewhere in this | 2 |
| Section.
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| The Secretary of State is authorized to issue driver's | 4 |
| licenses during
the years 1984 through 1987 which shall expire | 5 |
| not less than 3 years nor
more than 5 years from the date of | 6 |
| issuance, except as provided elsewhere
in this Section, for the | 7 |
| purpose of converting
all driver's licenses issued under this | 8 |
| Code to a 4 year expiration. Provided
that all original | 9 |
| driver's licenses, except as provided elsewhere in
this | 10 |
| Section, shall expire not less than 4 years nor more than
5 | 11 |
| years from the date of issuance.
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| (b) Before the expiration of a driver's license, except | 13 |
| those
licenses expiring on the individual's 21st birthday, or 3 | 14 |
| months after
the individual's 21st birthday, the holder thereof | 15 |
| may apply for a renewal
thereof, subject to all the provisions | 16 |
| of Section 6-103, and the Secretary
of State may require an | 17 |
| examination of the applicant. A licensee
whose driver's license | 18 |
| expires on his 21st birthday, or 3 months after
his 21st | 19 |
| 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 | 22 |
| expiration of a
driver's license, forward to each person whose | 23 |
| license
is to expire a
notification of the expiration of said | 24 |
| license which may
be presented at the time of renewal of said | 25 |
| license.
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| There may be included with such notification information |
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| explaining
the anatomical gift and Emergency Medical | 2 |
| Information Card provisions of
Section 6-110. The format and | 3 |
| text of such information
shall be prescribed by the Secretary.
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| There shall be included with such notification,
for a | 5 |
| period of 4 years beginning January 1, 2000 information | 6 |
| regarding the
Illinois Adoption Registry and Medical | 7 |
| Information Exchange established in
Section 18.1 of the | 8 |
| Adoption Act.
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| (d) The Secretary may defer the expiration of the driver's | 10 |
| license
of a licensee, spouse, and dependent children who are | 11 |
| living with such licensee
while on active duty, serving in the | 12 |
| Armed Forces of the United
States outside of the State of | 13 |
| Illinois, and 90 days thereafter, upon such
terms and | 14 |
| conditions as the Secretary may prescribe.
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| (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.
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| (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
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| 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 |
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| and term of the driver's license
shall be governed by | 2 |
| subsection (a) hereof.
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| (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
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| 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.
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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 | 15 |
| Section
6-113 of this Code shall expire 12 months from the date | 16 |
| of
issuance. The Secretary shall adopt rules defining renewal
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| requirements.
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| (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.
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| (j) A valid Illinois Firearm Owner's Identification Card | 26 |
| must be accepted by the Secretary of State as photo |
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| identification of an applicant for renewal. | 2 |
| (Source: P.A. 94-993, eff. 1-1-07; 95-540, eff. 8-28-07.)
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