HB3097 97TH GENERAL ASSEMBLY

LRB097 08989 HEP 49123 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3097

Introduced 2/23/2011, by Rep. Michael W. Tryon

SYNOPSIS AS INTRODUCED:

625 ILCS 5/6-207

from Ch. 95 1/2, par. 6-207

Amends the Illinois Vehicle Code. Provides that when a person reports to the Secretary of State that a licensed driver or person holding a permit or applying for a license or renewal is incompetent or otherwise not qualified to hold a permit, the Secretary shall advise the reporting person that unless he or she is a family member of the affected driver, the reporting person's identity will be provided to the affected driver upon request. Provides that at the request of a driver required to submit to a re-examination, the Secretary shall, if applicable, provide the name of the person who reported the driver to the Secretary. Provides that if the driver was reported by a family member, the Secretary shall inform the driver that the report was made by an unnamed family member. Effective January 1, 2012.

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 6-207 as follows:

(625 ILCS 5/6-207) (from Ch. 95 1/2, par. 6-207)

Sec. 6-207. Secretary of State may require reexamination or reissuance of a license.

(a) The Secretary of State, having good cause to believe that a licensed driver or person holding a permit or applying for a license or license renewal is incompetent or otherwise not qualified to hold a license or permit, may upon written notice of at least 5 days to the person require the person to submit to an examination as prescribed by the Secretary.

Refusal or neglect of the person to submit an alcohol, drug, or intoxicating compound evaluation or submit to or failure to successfully complete the examination is grounds for suspension of the person's license or permit under Section 6-206 of this Act or cancellation of his license or permit under Section 6-201 of this Act.

When a person reports to the Secretary of State that a licensed driver or person holding a permit or applying for a license or renewal is incompetent or otherwise not qualified to hold a permit, the Secretary shall advise the reporting person that unless he or she is a family member of the affected driver, the reporting person's identity will be provided to the affected driver upon request. For purposes of this subsection (a), "family member" has the same definition as provided in subsection (6) of Section 103 of the Illinois Domestic Violence Act of 1986.

At the request of a driver required to submit to an examination pursuant to this subsection (a), the Secretary shall, if applicable, provide the name of the person or persons who reported the driver to the Secretary. If the driver was reported by a family member, the Secretary shall inform the driver that the report was made by an unnamed family member.

(b) The Secretary of State, having issued a driver's license or permit in error, may upon written notice of at least 5 days to the person, require the person to appear at a Driver Services facility to have the license or permit error corrected and a new license or permit issued.

Refusal or neglect of the person to appear is grounds for cancellation of the person's license or permit under Section 6-201 of this Act.

(c) The Secretary of State, having issued a driver's license or permit to a person who subsequently becomes ineligible to retain that license or permit as currently issued, may, upon written notice of at least 5 days to the person, require the person to appear at a Driver Services facility to have the license or permit corrected and a new license or permit issued.

(Source: P.A. 95-382, eff. 8-23-07.)

Section 99. Effective date. This Act takes effect January 1, 2012.