94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0159

 

Introduced 1/11/2005, by Rep. Roger L. Eddy

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-107.1

    Amends the Illinois Vehicle Code. Provides that an applicant for an instruction permit who is under the age of 18 must undergo testing for controlled substances and cannabis and must be found to be free of controlled substances and cannabis before he or she may receive an instruction permit. Provides that the Secretary of State shall adopt rules for implementing the new provision and shall prescribe an additional fee, to be added to the fees charged for the issuance of a first-time driver's license, to cover the cost of the testing.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Section 6-107.1 as follows:
 
6     (625 ILCS 5/6-107.1)
7     Sec. 6-107.1. Instruction permit for a minor.
8     (a) Subject to subsection (d), the The Secretary of State,
9 upon receiving proper application and payment of the required
10 fee, may issue an instruction permit to any person under the
11 age of 18 years who is not ineligible for a license under
12 paragraphs 1, 3, 4, 5, 7, or 8 of Section 6-103, after the
13 applicant has successfully passed such examination as the
14 Secretary of State in his discretion may prescribe.
15         (1) An instruction permit issued under this Section
16     shall be valid for a period of 24 months after the date of
17     its issuance and shall be restricted, by the Secretary of
18     State, to the operation of a motor vehicle by the minor
19     only when accompanied by the adult instructor of a driver
20     education program during enrollment in the program or when
21     practicing with a parent, legal guardian, family member, or
22     a person in loco parentis who is 21 years of age or more,
23     has a license classification to operate such vehicle and at
24     least one year of driving experience, and who is occupying
25     a seat beside the driver.
26         (2) A 24 month instruction permit for a motor driven
27     cycle may be issued to a person 16 or 17 years of age and
28     entitles the holder to drive upon the highways during
29     daylight under direct supervision of a licensed motor
30     driven cycle operator or motorcycle operator 21 years of
31     age or older who has a license classification to operate
32     such motor driven cycle or motorcycle and at least one year

 

 

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1     of driving experience.
2         (3) A 24 month instruction permit for a motorcycle
3     other than a motor driven cycle may be issued to a person
4     16 or 17 years of age in accordance with the provisions of
5     paragraph 2 of Section 6-103 and entitles a holder to drive
6     upon the highways during daylight under the direct
7     supervision of a licensed motorcycle operator 21 years of
8     age or older who has at least one year of driving
9     experience.
10     (b) An instruction permit issued under this Section when
11 issued to a person under the age of 17 years shall, as a matter
12 of law, be invalid for the operation of any motor vehicle
13 during the same time the child is prohibited from being on any
14 street or highway under the provisions of the Child Curfew Act.
15     (c) Any person under the age of 16 years who possesses an
16 instruction permit and whose driving privileges have been
17 suspended or revoked under the provisions of this Code shall
18 not be granted a Family Financial Responsibility Driving Permit
19 or a Restricted Driving Permit.
20     (d) The Secretary of State may not issue an instruction
21 permit to a person under the age of 18 if:
22         (1) the person has not submitted to testing for
23     controlled substances or cannabis; or
24         (2) the person has submitted to the testing and tested
25     positive for the presence of any controlled substances or
26     cannabis.
27     A person who has tested positive for controlled substances
28 or cannabis may be issued an instruction permit if he or she is
29 tested at a later date and tests negative for any controlled
30 substances or cannabis.
31     The Secretary shall adopt rules for implementing this
32 subsection (d). The Secretary shall prescribe a fee, to be
33 added to the fees charged for a license issued to a new driver,
34 to cover the cost of this testing.
35 (Source: P.A. 90-369, eff. 1-1-98.)