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90_SB1085
625 ILCS 5/6-107 from Ch. 95 1/2, par. 6-107
625 ILCS 5/6-108 from Ch. 95 1/2, par. 6-108
625 ILCS 5/6-201 from Ch. 95 1/2, par. 6-201
105 ILCS 5/26-3a from Ch. 122, par. 26-3a
Amends the Motor Vehicle Code and the School Code.
Beginning January 1, 1998 and continuing until January 1,
2003, provides, with certain exceptions, for the cancellation
of or refusal to issue a driver's license for failure of an
unmarried person under 18 years of age to maintain school
attendance. Effective January 1, 1997.
SDS/bill0009/bkp
SDS/bill0009/bkp
1 AN ACT relating to the issuance and cancellation of
2 drivers' licenses due to school attendance.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 5-107, 5-108 and 6-201 as follows:
7 (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
8 Sec. 6-107. Applications of minors. The application of
9 any person under the age of 18 years, and not legally
10 emancipated by marriage, for a drivers license or permit to
11 operate a motor vehicle issued under the laws of this State,
12 shall be accompanied by the written consent of either parent
13 of the applicant; otherwise by the guardian having custody of
14 the applicant, or in the event there is no parent or
15 guardian, then by another responsible adult.
16 No drivers license shall be issued to any applicant under
17 18 years of age who is 16 years of age or more unless the
18 applicant has passed an approved driver education course as
19 defined in Section 1-103 of this Act, and submits such proof
20 of having passed the course as may be required by the
21 Secretary of State.
22 No driver's license or permit shall be issued to any
23 applicant under 18 years of age who has committed an offense
24 that would otherwise result in a mandatory revocation of a
25 license or permit as provided in Section 6-205 of this Code
26 or who has been either convicted of or adjudicated a
27 delinquent based upon a violation of the Cannabis Control Act
28 or the Illinois Controlled Substances Act, while that
29 individual was in actual physical control of a motor vehicle.
30 For purposes of this Section, any person placed on probation
31 under Section 10 of the Cannabis Control Act or Section 410
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1 of the Illinois Controlled Substances Act shall not be
2 considered convicted. Any person found guilty of this
3 offense, while in actual physical control of a motor vehicle,
4 shall have an entry made in the court record by the judge
5 that this offense did occur while the person was in actual
6 physical control of a motor vehicle and order the clerk of
7 the court to report the violation to the Secretary of State
8 as such.
9 Beginning on January 1, 1998 and continuing until January
10 1, 2003, no drivers license shall be issued to any applicant
11 who is under 18 years of age and not legally emancipated by
12 marriage, unless the applicant has graduated from a secondary
13 school of this State or any other state, is enrolled in a
14 course leading to a general educational development (GED)
15 certificate, has obtained a GED certificate, or is enrolled
16 in a elementary or secondary school of this State or any
17 other state and submits proof of meeting any of those
18 requirements at the time of application.
19 (Source: P.A. 88-197.)
20 (625 ILCS 5/6-108) (from Ch. 95 1/2, par. 6-108)
21 Sec. 6-108. Cancellation of license issued to minor.
22 (a) The Secretary of State shall cancel the license or
23 permit of any minor under the age of 18 years in any of the
24 following events:
25 1. Upon the verified written request of the person
26 who consented to the application of the minor that the
27 license or permit be cancelled;
28 2. Upon receipt of satisfactory evidence of the
29 death of the person who consented to the application of
30 the minor;
31 3. Upon receipt of satisfactory evidence that the
32 person who consented to the application of a minor no
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1 longer has legal custody of the minor;
2 4. Beginning January 1, 1998 and continuing until
3 January 1, 2003, upon receipt of information submitted on
4 a form prescribed by the Secretary of State pursuant to
5 Section 26-3a of the School Code and provided voluntarily
6 by nonpublic schools that a license holding minor no
7 longer meets the school attendance requirements defined
8 in Section 6-107 of this Act.
9 After cancellation, the Secretary of State shall not
10 issue a new license or permit until the applicant meets the
11 provisions of Section 6-107 of this Code.
12 (b) The Secretary of State shall cancel the license or
13 permit of any person under the age of 18 years if he or she
14 is convicted of violating the Cannabis Control Act or the
15 Illinois Controlled Substances Act while that person was in
16 actual physical control of a motor vehicle. For purposes of
17 this Section, any person placed on probation under Section 10
18 of the Cannabis Control Act or Section 410 of the Illinois
19 Controlled Substances Act shall not be considered convicted.
20 Any person found guilty of this offense, while in actual
21 physical control of a motor vehicle, shall have an entry made
22 in the court record by the judge that this offense did occur
23 while the person was in actual physical control of a motor
24 vehicle and order the clerk of the court to report the
25 violation to the Secretary of State as such. After the
26 cancellation, the Secretary of State shall not issue a new
27 license or permit for a period of one year after the date of
28 cancellation or until the minor attains the age of 18 years,
29 whichever is longer. However, upon application, the
30 Secretary of State may, if satisfied that the person applying
31 will not endanger the public safety, or welfare, issue a
32 restricted driving permit granting the privilege of driving a
33 motor vehicle between the person's residence and person's
34 place of employment or within the scope of the person's
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1 employment related duties, or to allow transportation for the
2 person or a household member of the person's family for the
3 receipt of necessary medical care or, if the professional
4 evaluation indicates, provide transportation for the
5 petitioner for alcohol remedial or rehabilitative activity,
6 or for the person to attend classes, as a student, in an
7 accredited educational institution; if the person is able to
8 demonstrate that no alternative means of transportation is
9 reasonably available; provided that the Secretary's
10 discretion shall be limited to cases where undue hardship
11 would result from a failure to issue such restricted driving
12 permit. In each case the Secretary of State may issue a
13 restricted driving permit for a period as he deems
14 appropriate, except that the permit shall expire within one
15 year from the date of issuance. A restricted driving permit
16 issued hereunder shall be subject to cancellation,
17 revocation, and suspension by the Secretary of State in like
18 manner and for like cause as a driver's license issued
19 hereunder may be cancelled, revoked, or suspended; except
20 that a conviction upon one or more offenses against laws or
21 ordinances regulating the movement of traffic shall be deemed
22 sufficient cause for the revocation, suspension, or
23 cancellation of a restricted driving permit. The Secretary
24 of State may, as a condition to the issuance of a restricted
25 driving permit, require the applicant to participate in a
26 driver remedial or rehabilitative program. Thereafter, upon
27 reapplication for a license as provided in Section 6-106 of
28 this Code or a permit as provided in Section 6-105 of this
29 Code and upon payment of the appropriate application fee, the
30 Secretary of State shall issue the applicant a license as
31 provided in Section 6-106 of this Code or shall issue the
32 applicant a permit as provided in Section 6-105.
33 (Source: P.A. 86-1450; 87-1114.)
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1 (625 ILCS 5/6-201) (from Ch. 95 1/2, par. 6-201)
2 Sec. 6-201. Authority to cancel licenses and permits.
3 (a) The Secretary of State is authorized to cancel any
4 license or permit upon determining that the holder thereof:
5 1. was not entitled to the issuance thereof
6 hereunder; or
7 2. failed to give the required or correct
8 information in his application; or
9 3. failed to pay any fees, civil penalties owed to
10 the Illinois Commerce Commission, or taxes due under this
11 Act and upon reasonable notice and demand; or
12 4. committed any fraud in the making of such
13 application; or
14 5. is ineligible therefor under the provisions of
15 Section 6-103 of this Act, as amended; or
16 6. has refused or neglected to submit an alcohol
17 and drug evaluation or to submit to examination or
18 re-examination as required under this Act; or
19 7. has been convicted of violating the Cannabis
20 Control Act or the Illinois Controlled Substances Act
21 while that individual was in actual physical control of a
22 motor vehicle. For purposes of this Section, any person
23 placed on probation under Section 10 of the Cannabis
24 Control Act or Section 410 of the Illinois Controlled
25 Substances Act shall not be considered convicted. Any
26 person found guilty of this offense, while in actual
27 physical control of a motor vehicle, shall have an entry
28 made in the court record by the judge that this offense
29 did occur while the person was in actual physical control
30 of a motor vehicle and order the clerk of the court to
31 report the violation to the Secretary of State as such.
32 After the cancellation, the Secretary of State shall not
33 issue a new license or permit for a period of one year
34 after the date of cancellation. However, upon
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1 application, the Secretary of State may, if satisfied
2 that the person applying will not endanger the public
3 safety, or welfare, issue a restricted driving permit
4 granting the privilege of driving a motor vehicle between
5 the person's residence and person's place of employment
6 or within the scope of the person's employment related
7 duties, or to allow transportation for the person or a
8 household member of the person's family for the receipt
9 of necessary medical care or, if the professional
10 evaluation indicates, provide transportation for the
11 petitioner for alcohol remedial or rehabilitative
12 activity, or for the person to attend classes, as a
13 student, in an accredited educational institution; if the
14 person is able to demonstrate that no alternative means
15 of transportation is reasonably available; provided that
16 the Secretary's discretion shall be limited to cases
17 where undue hardship would result from a failure to issue
18 such restricted driving permit. In each case the
19 Secretary of State may issue such restricted driving
20 permit for such period as he deems appropriate, except
21 that such permit shall expire within one year from the
22 date of issuance. A restricted driving permit issued
23 hereunder shall be subject to cancellation, revocation
24 and suspension by the Secretary of State in like manner
25 and for like cause as a driver's license issued hereunder
26 may be cancelled, revoked or suspended; except that a
27 conviction upon one or more offenses against laws or
28 ordinances regulating the movement of traffic shall be
29 deemed sufficient cause for the revocation, suspension or
30 cancellation of a restricted driving permit. The
31 Secretary of State may, as a condition to the issuance of
32 a restricted driving permit, require the applicant to
33 participate in a driver remedial or rehabilitative
34 program; or
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1 8. failed to submit a report as required by Section
2 6-116.5 of this Code;or
3 9. is ineligible therefor under the provisions of
4 Sections 6-107 or 6-108 of this Act.
5 (b) Upon such cancellation the licensee or permittee
6 must surrender the license or permit so cancelled to the
7 Secretary of State.
8 (c) Except as provided in Sections 6-206.1 and 7-702.1,
9 the Secretary of State shall have exclusive authority to
10 grant, issue, deny, cancel, suspend and revoke driving
11 privileges, drivers' licenses and restricted driving permits.
12 (Source: P.A. 88-212; 88-415; 88-670, eff. 12-2-94; 89-92,
13 eff. 7-1-96; 89-584, eff. 7-31-96.)
14 (105 ILCS 5/26-3a) (from Ch. 122, par. 26-3a)
15 Sec. 26-3a. Report of pupils no longer enrolled in
16 school.
17 The clerk or secretary of the school board of all school
18 districts shall furnish quarterly on the first school day of
19 October, January, April and July to the regional
20 superintendent a list of pupils, excluding transferees, who
21 have been expelled or have withdrawn or who have left school
22 and have been removed from the regular attendance rolls
23 during the period of time school was in regular session from
24 the time of the previous quarterly report. Such list shall
25 include the names and addresses of pupils formerly in
26 attendance, the names and addresses of persons having custody
27 or control of such pupils, the reason, if known, such pupils
28 are no longer in attendance and the date of removal from the
29 attendance rolls. The regional superintendent shall inform
30 the county or district truant officer who shall investigate
31 to see that such pupils are in compliance with the
32 requirements of this Article.
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1 Beginning on January 1, 1998 and continuing until January
2 1, 2003, the clerk or secretary of the school board of all
3 school districts shall furnish on the first school day of
4 each month to the Secretary of State, on a form prescribed by
5 the Secretary, a list of pupils, excluding transferees and
6 pupils with extraordinary circumstances of economic or
7 medical necessity or family hardship as determined by the
8 local superintendent of schools, who during the month covered
9 by the report have been expelled or have withdrawn or who
10 have left school and have been removed from the regular
11 attendance rolls during the period of time school was in
12 regular session. The list shall include the same information
13 as contained in the quarterly list furnished for the use of
14 the regional superintendent.
15 In addition, the regional superintendent of schools of
16 each educational service region shall report to the State
17 Board of Education, in January of 1992 and in January of each
18 year thereafter, the number and ages of dropouts, as defined
19 in Section 26-2a, in his educational service region during
20 the school year that ended in the immediately preceding
21 calendar year, together with any efforts, activities and
22 programs undertaken, established, implemented or coordinated
23 by the regional superintendent of schools that have been
24 effective in inducing dropouts to re-enroll in school.
25 (Source: P.A. 87-303.)
26 Section 99. Effective date. This Act takes effect
27 January 1, 1998.