HB0159 94TH GENERAL ASSEMBLY

LRB094 04211 DRH 34235 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Section 6-107.1 as follows:

(625 ILCS 5/6-107.1)

Sec. 6-107.1. Instruction permit for a minor.

(a) Subject to subsection (d), the The Secretary of State, upon receiving proper application and payment of the required fee, may issue an instruction permit to any person under the age of 18 years who is not ineligible for a license under paragraphs 1, 3, 4, 5, 7, or 8 of Section 6-103, after the applicant has successfully passed such examination as the Secretary of State in his discretion may prescribe.

(1) An instruction permit issued under this Section shall be valid for a period of 24 months after the date of its issuance and shall be restricted, by the Secretary of State, to the operation of a motor vehicle by the minor only when accompanied by the adult instructor of a driver education program during enrollment in the program or when practicing with a parent, legal guardian, family member, or a person in loco parentis who is 21 years of age or more, has a license classification to operate such vehicle and at least one year of driving experience, and who is occupying a seat beside the driver.

(2) A 24 month instruction permit for a motor driven cycle may be issued to a person 16 or 17 years of age and entitles the holder to drive upon the highways during daylight under direct supervision of a licensed motor driven cycle operator or motorcycle operator 21 years of age or older who has a license classification to operate such motor driven cycle or motorcycle and at least one year of driving experience.

(3) A 24 month instruction permit for a motorcycle other than a motor driven cycle may be issued to a person 16 or 17 years of age in accordance with the provisions of paragraph 2 of Section 6-103 and entitles a holder to drive upon the highways during daylight under the direct supervision of a licensed motorcycle operator 21 years of age or older who has at least one year of driving experience.

(b) An instruction permit issued under this Section when issued to a person under the age of 17 years shall, as a matter of law, be invalid for the operation of any motor vehicle during the same time the child is prohibited from being on any street or highway under the provisions of the Child Curfew Act.

(c) Any person under the age of 16 years who possesses an instruction permit and whose driving privileges have been suspended or revoked under the provisions of this Code shall not be granted a Family Financial Responsibility Driving Permit or a Restricted Driving Permit.

(d) The Secretary of State may not issue an instruction permit to a person under the age of 18 if:

(1) the person has not submitted to testing for controlled substances or cannabis; or

(2) the person has submitted to the testing and tested positive for the presence of any controlled substances or cannabis.

A person who has tested positive for controlled substances or cannabis may be issued an instruction permit if he or she is tested at a later date and tests negative for any controlled substances or cannabis.

The Secretary shall adopt rules for implementing this subsection (d). The Secretary shall prescribe a fee, to be added to the fees charged for a license issued to a new driver, to cover the cost of this testing.

(Source: P.A. 90-369, eff. 1-1-98.)