Public Act 103-0140
 
HB2091 EnrolledLRB103 26323 DTM 52684 b

    AN ACT concerning State Government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Secretary of State Act is amended by
changing Section 37 as follows:
 
    (15 ILCS 305/37)
    Sec. 37. Study on age-related changes that affect driving
abilities. By October 1, 2023, the Secretary of State shall
conduct a study on age-related changes in vision, physical
functioning, and the ability to reason and remember, as well
as any other diseases and medications that might affect safe
driving abilities. When conducting the study, the Secretary of
State may utilize data or academic studies conducted by other
sources, including, but not limited to, other states, the
Centers for Disease Control and Prevention, the American
Geriatrics Society, and the National Highway Traffic Safety
Administration. Upon completion of the study, if the study
shows that there is no immediate risk to public safety, the
Secretary of State may adopt administrative rules to raise or
lower the age requirement for actual demonstrations, provided
that the required age shall be no lower than the minimum age
required under subsection (c) of Section 6-109 of the Illinois
Vehicle Code.
(Source: P.A. 102-1103, eff. 12-6-22.)
 
    Section 10. The Illinois Vehicle Code is amended by
changing Section 6-109 as follows:
 
    (625 ILCS 5/6-109)
    Sec. 6-109. Examination of applicants.
    (a) The Secretary of State shall examine every applicant
for a driver's license or permit who has not been previously
licensed as a driver under the laws of this State or any other
state or country, or any applicant for renewal of such
driver's license or permit when such license or permit has
been expired for more than one year. The Secretary of State
shall, subject to the provisions of paragraph (c), examine
every licensed driver at least every 8 years, and may examine
or re-examine any other applicant or licensed driver, provided
that during the years 1984 through 1991 those drivers issued a
license for 3 years may be re-examined not less than every 7
years or more than every 10 years.
    The Secretary of State shall require the testing of the
eyesight of any driver's license or permit applicant who has
not been previously licensed as a driver under the laws of this
State and shall promulgate rules and regulations to provide
for the orderly administration of all the provisions of this
Section.
    The Secretary of State shall include at least one test
question that concerns the provisions of the Pedestrians with
Disabilities Safety Act in the question pool used for the
written portion of the driver's license examination within one
year after July 22, 2010 (the effective date of Public Act
96-1167).
    The Secretary of State shall include, in the question pool
used for the written portion of the driver's license
examination, test questions concerning safe driving in the
presence of bicycles, of which one may be concerning the Dutch
Reach method as described in Section 2-112.
    The Secretary of State shall include, in the question pool
used for the written portion of the driver's license
examination, at least one test question concerning driver
responsibilities when approaching a stationary emergency
vehicle as described in Section 11-907.
    (b) Except as provided for those applicants in paragraph
(c), such examination shall include a test of the applicant's
eyesight, his or her ability to read and understand official
traffic control devices, his or her knowledge of safe driving
practices and the traffic laws of this State, and may include
an actual demonstration of the applicant's ability to exercise
ordinary and reasonable control of the operation of a motor
vehicle, and such further physical and mental examination as
the Secretary of State finds necessary to determine the
applicant's fitness to operate a motor vehicle safely on the
highways, except the examination of an applicant 75 years of
age or older or, if the Secretary adopts rules under Section 37
of the Secretary of State Act to raise the age requirement for
actual demonstrations, the examination of an applicant who has
attained that increased age or is older shall include an
actual demonstration of the applicant's ability to exercise
ordinary and reasonable control of the operation of a motor
vehicle. All portions of written and verbal examinations under
this Section, excepting where the English language appears on
facsimiles of road signs, may be given in the Spanish language
and, at the discretion of the Secretary of State, in any other
language as well as in English upon request of the examinee.
Deaf persons who are otherwise qualified are not prohibited
from being issued a license, other than a commercial driver's
license, under this Code.
    (c) Re-examination for those applicants who at the time of
renewing their driver's license possess a driving record
devoid of any convictions of traffic violations or evidence of
committing an offense for which mandatory revocation would be
required upon conviction pursuant to Section 6-205 at the time
of renewal shall be in a manner prescribed by the Secretary in
order to determine an applicant's ability to safely operate a
motor vehicle, except that every applicant for the renewal of
a driver's license who is 75 years of age or older or, if the
Secretary adopts rules under Section 37 of the Secretary of
State Act to raise the age requirement for actual
demonstrations, every applicant for the renewal of a driver's
license who has attained that increased age or is older must
prove, by an actual demonstration, the applicant's ability to
exercise reasonable care in the safe operation of a motor
vehicle.
    (d) In the event the applicant is not ineligible under the
provisions of Section 6-103 to receive a driver's license, the
Secretary of State shall make provision for giving an
examination, either in the county where the applicant resides
or at a place adjacent thereto reasonably convenient to the
applicant, within not more than 30 days from the date said
application is received.
    (e) The Secretary of State may adopt rules regarding the
use of foreign language interpreters during the application
and examination process.
(Source: P.A. 100-770, eff. 1-1-19; 100-962, eff. 1-1-19;
101-81, eff. 7-12-19; 101-174, eff. 1-1-20.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/30/2023