HB1385 EngrossedLRB097 05666 HEP 45729 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 6-106, 6-110, and 6-510 as follows:
 
6    (625 ILCS 5/6-106)  (from Ch. 95 1/2, par. 6-106)
7    Sec. 6-106. Application for license or instruction permit.
8    (a) Every application for any permit or license authorized
9to be issued under this Act shall be made upon a form furnished
10by the Secretary of State. Every application shall be
11accompanied by the proper fee and payment of such fee shall
12entitle the applicant to not more than 3 attempts to pass the
13examination within a period of 1 year after the date of
14application.
15    (b) Every application shall state the legal name, social
16security number, zip code, date of birth, sex, and residence
17address of the applicant; briefly describe the applicant; state
18whether the applicant has theretofore been licensed as a
19driver, and, if so, when and by what state or country, and
20whether any such license has ever been cancelled, suspended,
21revoked or refused, and, if so, the date and reason for such
22cancellation, suspension, revocation or refusal; shall include
23an affirmation by the applicant that all information set forth

 

 

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1is true and correct; and shall bear the applicant's signature.
2In addition to the residence address, the Secretary may allow
3the applicant to provide a mailing address. The application
4form may also require the statement of such additional relevant
5information as the Secretary of State shall deem necessary to
6determine the applicant's competency and eligibility. The
7Secretary of State may in his discretion substitute a federal
8tax number in lieu of a social security number, or he may
9instead assign an additional distinctive number in lieu
10thereof, where an applicant is prohibited by bona fide
11religious convictions from applying or is exempt from applying
12for a social security number. The Secretary of State shall,
13however, determine which religious orders or sects have such
14bona fide religious convictions. The Secretary of State may, in
15his discretion, by rule or regulation, provide that an
16application for a drivers license or permit may include a
17suitable photograph of the applicant in the form prescribed by
18the Secretary, and he may further provide that each drivers
19license shall include a photograph of the driver. The Secretary
20of State may utilize a photograph process or system most
21suitable to deter alteration or improper reproduction of a
22drivers license and to prevent substitution of another photo
23thereon.
24    (c) The application form shall include a notice to the
25applicant of the registration obligations of sex offenders
26under the Sex Offender Registration Act. The notice shall be

 

 

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1provided in a form and manner prescribed by the Secretary of
2State. For purposes of this subsection (c), "sex offender" has
3the meaning ascribed to it in Section 2 of the Sex Offender
4Registration Act.
5    (d) Any male United States citizen or immigrant who applies
6for any permit or license authorized to be issued under this
7Act or for a renewal of any permit or license, and who is at
8least 18 years of age but less than 26 years of age, must be
9registered in compliance with the requirements of the federal
10Military Selective Service Act. The Secretary of State must
11forward in an electronic format the necessary personal
12information regarding the applicants identified in this
13subsection (d) to the Selective Service System. The applicant's
14signature on the application serves as an indication that the
15applicant either has already registered with the Selective
16Service System or that he is authorizing the Secretary to
17forward to the Selective Service System the necessary
18information for registration. The Secretary must notify the
19applicant at the time of application that his signature
20constitutes consent to registration with the Selective Service
21System, if he is not already registered.
22(Source: P.A. 96-1231, eff. 7-23-10.)
 
23    (625 ILCS 5/6-110)  (from Ch. 95 1/2, par. 6-110)
24    Sec. 6-110. Licenses issued to drivers.
25    (a) The Secretary of State shall issue to every qualifying

 

 

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1applicant a driver's license as applied for, which license
2shall bear a distinguishing number assigned to the licensee,
3the legal name, signature, zip code, date of birth, residence
4address, and a brief description of the licensee.
5    Licenses issued shall also indicate the classification and
6the restrictions under Section 6-104 of this Code.
7    In lieu of the social security number, the Secretary may in
8his discretion substitute a federal tax number or other
9distinctive number.
10    A driver's license issued may, in the discretion of the
11Secretary, include a suitable photograph of a type prescribed
12by the Secretary.
13    (a-1) If the licensee is less than 18 years of age, unless
14one of the exceptions in subsection (a-2) apply, the license
15shall, as a matter of law, be invalid for the operation of any
16motor vehicle during the following times:
17        (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
18        (B) Between 11:00 p.m. Saturday and 6:00 a.m. on
19    Sunday; and
20        (C) Between 10:00 p.m. on Sunday to Thursday,
21    inclusive, and 6:00 a.m. on the following day.
22    (a-2) The driver's license of a person under the age of 18
23shall not be invalid as described in subsection (a-1) of this
24Section if the licensee under the age of 18 was:
25        (1) accompanied by the licensee's parent or guardian or
26    other person in custody or control of the minor;

 

 

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1        (2) on an errand at the direction of the minor's parent
2    or guardian, without any detour or stop;
3        (3) in a motor vehicle involved in interstate travel;
4        (4) going to or returning home from an employment
5    activity, without any detour or stop;
6        (5) involved in an emergency;
7        (6) going to or returning home from, without any detour
8    or stop, an official school, religious, or other
9    recreational activity supervised by adults and sponsored
10    by a government or governmental agency, a civic
11    organization, or another similar entity that takes
12    responsibility for the licensee, without any detour or
13    stop;
14        (7) exercising First Amendment rights protected by the
15    United States Constitution, such as the free exercise of
16    religion, freedom of speech, and the right of assembly; or
17        (8) married or had been married or is an emancipated
18    minor under the Emancipation of Minors Act.
19    (a-2.5) The driver's license of a person who is 17 years of
20age and has been licensed for at least 12 months is not invalid
21as described in subsection (a-1) of this Section while the
22licensee is participating as an assigned driver in a Safe Rides
23program that meets the following criteria:
24        (1) the program is sponsored by the Boy Scouts of
25    America or another national public service organization;
26    and

 

 

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1        (2) the sponsoring organization carries liability
2    insurance covering the program.
3    (a-3) If a graduated driver's license holder over the age
4of 18 committed an offense against traffic regulations
5governing the movement of vehicles or any violation of Section
66-107 or Section 12-603.1 of this Code in the 6 months prior to
7the graduated driver's license holder's 18th birthday, and was
8subsequently convicted of the offense, the provisions of
9subsection (a-1) shall continue to apply until such time as a
10period of 6 consecutive months has elapsed without an
11additional violation and subsequent conviction of an offense
12against traffic regulations governing the movement of vehicles
13or Section 6-107 or Section 12-603.1 of this Code.
14    (a-4) If an applicant for a driver's license or instruction
15permit has a current identification card issued by the
16Secretary of State, the Secretary may require the applicant to
17utilize the same residence address and name on the
18identification card, driver's license, and instruction permit
19records maintained by the Secretary. The Secretary may
20promulgate rules to implement this provision.
21    (b) Until the Secretary of State establishes a First Person
22Consent organ and tissue donor registry under Section 6-117 of
23this Code, the Secretary of State shall provide a format on the
24reverse of each driver's license issued which the licensee may
25use to execute a document of gift conforming to the provisions
26of the Illinois Anatomical Gift Act. The format shall allow the

 

 

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1licensee to indicate the gift intended, whether specific
2organs, any organ, or the entire body, and shall accommodate
3the signatures of the donor and 2 witnesses. The Secretary
4shall also inform each applicant or licensee of this format,
5describe the procedure for its execution, and may offer the
6necessary witnesses; provided that in so doing, the Secretary
7shall advise the applicant or licensee that he or she is under
8no compulsion to execute a document of gift. A brochure
9explaining this method of executing an anatomical gift document
10shall be given to each applicant or licensee. The brochure
11shall advise the applicant or licensee that he or she is under
12no compulsion to execute a document of gift, and that he or she
13may wish to consult with family, friends or clergy before doing
14so. The Secretary of State may undertake additional efforts,
15including education and awareness activities, to promote organ
16and tissue donation.
17    (c) The Secretary of State shall designate on each driver's
18license issued a space where the licensee may place a sticker
19or decal of the uniform size as the Secretary may specify,
20which sticker or decal may indicate in appropriate language
21that the owner of the license carries an Emergency Medical
22Information Card.
23    The sticker may be provided by any person, hospital,
24school, medical group, or association interested in assisting
25in implementing the Emergency Medical Information Card, but
26shall meet the specifications as the Secretary may by rule or

 

 

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1regulation require.
2    (d) The Secretary of State shall designate on each driver's
3license issued a space where the licensee may indicate his
4blood type and RH factor.
5    (e) The Secretary of State shall provide that each original
6or renewal driver's license issued to a licensee under 21 years
7of age shall be of a distinct nature from those driver's
8licenses issued to individuals 21 years of age and older. The
9color designated for driver's licenses for licensees under 21
10years of age shall be at the discretion of the Secretary of
11State.
12    (e-1) The Secretary shall provide that each driver's
13license issued to a person under the age of 21 displays the
14date upon which the person becomes 18 years of age and the date
15upon which the person becomes 21 years of age.
16    (f) The Secretary of State shall inform all Illinois
17licensed commercial motor vehicle operators of the
18requirements of the Uniform Commercial Driver License Act,
19Article V of this Chapter, and shall make provisions to insure
20that all drivers, seeking to obtain a commercial driver's
21license, be afforded an opportunity prior to April 1, 1992, to
22obtain the license. The Secretary is authorized to extend
23driver's license expiration dates, and assign specific times,
24dates and locations where these commercial driver's tests shall
25be conducted. Any applicant, regardless of the current
26expiration date of the applicant's driver's license, may be

 

 

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1subject to any assignment by the Secretary. Failure to comply
2with the Secretary's assignment may result in the applicant's
3forfeiture of an opportunity to receive a commercial driver's
4license prior to April 1, 1992.
5    (g) The Secretary of State shall designate on a driver's
6license issued, a space where the licensee may indicate that he
7or she has drafted a living will in accordance with the
8Illinois Living Will Act or a durable power of attorney for
9health care in accordance with the Illinois Power of Attorney
10Act.
11    (g-1) The Secretary of State, in his or her discretion, may
12designate on each driver's license issued a space where the
13licensee may place a sticker or decal, issued by the Secretary
14of State, of uniform size as the Secretary may specify, that
15shall indicate in appropriate language that the owner of the
16license has renewed his or her driver's license.
17    (h) A person who acts in good faith in accordance with the
18terms of this Section is not liable for damages in any civil
19action or subject to prosecution in any criminal proceeding for
20his or her act.
21(Source: P.A. 95-310, eff. 1-1-08; 95-747, eff. 7-22-08;
2296-607, eff. 8-24-09; 96-1231, eff. 7-23-10.)
 
23    (625 ILCS 5/6-510)  (from Ch. 95 1/2, par. 6-510)
24    Sec. 6-510. Application for Commercial Driver's License
25(CDL). The application for a CDL or commercial driver

 

 

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1instruction permit, must include, but not necessarily be
2limited to, the following:
3        (1) the full legal name and current Illinois
4    domiciliary address (unless the application is for a
5    Non-resident CDL) of the driver applicant;
6        (2) a physical description of the driver applicant
7    including sex, height, weight, color of eyes and hair
8    color;
9        (3) date of birth;
10        (4) the driver applicant's social security number or
11    other identifying number acceptable to the Secretary of
12    State;
13        (5) the driver applicant's signature;
14        (6) certifications required by 49 C.F.R. Part 383.71;
15        (6.1) the names of all states where the driver
16    applicant has previously been licensed to drive any type of
17    motor vehicle during the previous 10 years pursuant to 49
18    C.F.R. Part 383; and
19        (7) any other information required by the Secretary of
20    State.
21(Source: P.A. 94-307, eff. 9-30-05; 95-382, eff. 8-23-07;
2295-876, eff. 8-21-08.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.