101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4713

 

Introduced 2/18/2020, by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-109
625 ILCS 5/6-115  from Ch. 95 1/2, par. 6-115

    Amends the Illinois Vehicle Code. Deletes language that requires an applicant who is 75 years or older to give an actual demonstration of the applicant's ability to exercise ordinary and reasonable control of the safe operation of a motor vehicle. Deletes language providing that the Secretary of State shall require a licensee 81 years of age through age 86 to renew his or her license every 2 years from the day of issuance. Deletes language providing that the Secretary shall require a licensee 87 years of age or older to renew his or her license every 12 months from the date of issuance.


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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,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 6-109 and 6-115 as follows:
 
6    (625 ILCS 5/6-109)
7    Sec. 6-109. Examination of applicants.
8    (a) The Secretary of State shall examine every applicant
9for a driver's license or permit who has not been previously
10licensed as a driver under the laws of this State or any other
11state or country, or any applicant for renewal of such driver's
12license or permit when such license or permit has been expired
13for more than one year. The Secretary of State shall, subject
14to the provisions of paragraph (c), examine every licensed
15driver at least every 8 years, and may examine or re-examine
16any other applicant or licensed driver, provided that during
17the years 1984 through 1991 those drivers issued a license for
183 years may be re-examined not less than every 7 years or more
19than every 10 years.
20    The Secretary of State shall require the testing of the
21eyesight of any driver's license or permit applicant who has
22not been previously licensed as a driver under the laws of this
23State and shall promulgate rules and regulations to provide for

 

 

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1the orderly administration of all the provisions of this
2Section.
3    The Secretary of State shall include at least one test
4question that concerns the provisions of the Pedestrians with
5Disabilities Safety Act in the question pool used for the
6written portion of the driver's license examination within one
7year after July 22, 2010 (the effective date of Public Act
896-1167).
9    The Secretary of State shall include, in the question pool
10used for the written portion of the driver's license
11examination, test questions concerning safe driving in the
12presence of bicycles, of which one may be concerning the Dutch
13Reach method as described in Section 2-112.
14    The Secretary of State shall include, in the question pool
15used for the written portion of the driver's license
16examination, at least one test question concerning driver
17responsibilities when approaching a stationary emergency
18vehicle as described in Section 11-907.
19    (b) Except as provided for those applicants in paragraph
20(c), such examination shall include a test of the applicant's
21eyesight, his or her ability to read and understand official
22traffic control devices, his or her knowledge of safe driving
23practices and the traffic laws of this State, and may include
24an actual demonstration of the applicant's ability to exercise
25ordinary and reasonable control of the operation of a motor
26vehicle, and such further physical and mental examination as

 

 

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1the Secretary of State finds necessary to determine the
2applicant's fitness to operate a motor vehicle safely on the
3highways, except the examination of an applicant 75 years of
4age or older shall include an actual demonstration of the
5applicant's ability to exercise ordinary and reasonable
6control of the operation of a motor vehicle. All portions of
7written and verbal examinations under this Section, excepting
8where the English language appears on facsimiles of road signs,
9may be given in the Spanish language and, at the discretion of
10the Secretary of State, in any other language as well as in
11English upon request of the examinee. Deaf persons who are
12otherwise qualified are not prohibited from being issued a
13license, other than a commercial driver's license, under this
14Code.
15    (c) Re-examination for those applicants who at the time of
16renewing their driver's license possess a driving record devoid
17of any convictions of traffic violations or evidence of
18committing an offense for which mandatory revocation would be
19required upon conviction pursuant to Section 6-205 at the time
20of renewal shall be in a manner prescribed by the Secretary in
21order to determine an applicant's ability to safely operate a
22motor vehicle, except that every applicant for the renewal of a
23driver's license who is 75 years of age or older must prove, by
24an actual demonstration, the applicant's ability to exercise
25reasonable care in the safe operation of a motor vehicle.
26    (d) In the event the applicant is not ineligible under the

 

 

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1provisions of Section 6-103 to receive a driver's license, the
2Secretary of State shall make provision for giving an
3examination, either in the county where the applicant resides
4or at a place adjacent thereto reasonably convenient to the
5applicant, within not more than 30 days from the date said
6application is received.
7    (e) The Secretary of State may adopt rules regarding the
8use of foreign language interpreters during the application and
9examination process.
10(Source: P.A. 100-770, eff. 1-1-19; 100-962, eff. 1-1-19;
11101-81, eff. 7-12-19; 101-174, eff. 1-1-20.)
 
12    (625 ILCS 5/6-115)  (from Ch. 95 1/2, par. 6-115)
13    Sec. 6-115. Expiration of driver's license.
14    (a) Except as provided elsewhere in this Section, every
15driver's license issued under the provisions of this Code shall
16expire 4 years from the date of its issuance, or at such later
17date, as the Secretary of State may by proper rule and
18regulation designate, not to exceed 12 calendar months; in the
19event that an applicant for renewal of a driver's license fails
20to apply prior to the expiration date of the previous driver's
21license, the renewal driver's license shall expire 4 years from
22the expiration date of the previous driver's license, or at
23such later date as the Secretary of State may by proper rule
24and regulation designate, not to exceed 12 calendar months.
25    The Secretary of State may, however, issue to a person not

 

 

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1previously licensed as a driver in Illinois a driver's license
2which will expire not less than 4 years nor more than 5 years
3from date of issuance, except as provided elsewhere in this
4Section.
5    (a-5) Every driver's license issued under this Code to an
6applicant who is not a United States citizen or permanent
7resident, other than a conditional permanent resident, or an
8individual who has an approved application for asylum in the
9United States or has entered the United States in refugee
10status, shall expire on whichever is the earlier date of the
11following:
12        (1) as provided under subsection (a), (f), (g), or (i)
13    of this Section;
14        (2) on the date the applicant's authorized stay in the
15    United States terminates; or
16        (3) if the applicant's authorized stay is indefinite
17    and the applicant is applying for a Limited Term REAL ID
18    compliant driver's license, one year from the date of
19    issuance of the license.
20    (a-10) Every REAL ID compliant driver's license issued
21under this Code to an applicant who is not a United States
22citizen or permanent resident, other than a conditional
23permanent resident, or an individual who has an approved
24application for asylum in the United States or has entered the
25United States in refugee status, shall be marked "Limited
26Term".

 

 

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1    (b) Before the expiration of a driver's license, except
2those licenses expiring on the individual's 21st birthday, or 3
3months after the individual's 21st birthday, the holder thereof
4may apply for a renewal thereof, subject to all the provisions
5of Section 6-103, and the Secretary of State may require an
6examination of the applicant. A licensee whose driver's license
7expires on his 21st birthday, or 3 months after his 21st
8birthday, may not apply for a renewal of his driving privileges
9until he reaches the age of 21.
10    (c) The Secretary of State shall, 30 days prior to the
11expiration of a driver's license, forward to each person whose
12license is to expire a notification of the expiration of said
13license which may be presented at the time of renewal of said
14license.
15    There may be included with such notification information
16explaining the anatomical gift and Emergency Medical
17Information Card provisions of Section 6-110. The format and
18text of such information shall be prescribed by the Secretary.
19    There shall be included with such notification, for a
20period of 4 years beginning January 1, 2000 information
21regarding the Illinois Adoption Registry and Medical
22Information Exchange established in Section 18.1 of the
23Adoption Act.
24    (d) The Secretary may defer the expiration of the driver's
25license of a licensee, spouse, and dependent children who are
26living with such licensee while on active duty, serving in the

 

 

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1Armed Forces of the United States outside of the State of
2Illinois, and 120 days thereafter, upon such terms and
3conditions as the Secretary may prescribe.
4    (d-5) The Secretary may defer the expiration of the
5driver's license of a licensee, or of a spouse or dependent
6children living with the licensee, serving as a civilian
7employee of the United States Armed Forces or the United States
8Department of Defense, outside of the State of Illinois, and
9120 days thereafter, upon such terms and conditions as the
10Secretary may prescribe.
11    (e) The Secretary of State may decline to process a renewal
12of a driver's license of any person who has not paid any fee or
13tax due under this Code and is not paid upon reasonable notice
14and demand.
15    (f) The Secretary shall provide that each original or
16renewal driver's license issued to a licensee under 21 years of
17age shall expire 3 months after the licensee's 21st birthday.
18Persons whose current driver's licenses expire on their 21st
19birthday on or after January 1, 1986 shall not renew their
20driver's license before their 21st birthday, and their current
21driver's license will be extended for an additional term of 3
22months beyond their 21st birthday. Thereafter, the expiration
23and term of the driver's license shall be governed by
24subsection (a) hereof.
25    (g) (Blank). The Secretary shall provide that each original
26or renewal driver's license issued to a licensee 81 years of

 

 

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1age through age 86 shall expire 2 years from the date of
2issuance, or at such later date as the Secretary may by rule
3and regulation designate, not to exceed an additional 12
4calendar months. The Secretary shall also provide that each
5original or renewal driver's license issued to a licensee 87
6years of age or older shall expire 12 months from the date of
7issuance, or at such later date as the Secretary may by rule
8and regulation designate, not to exceed an additional 12
9calendar months.
10    (h) The Secretary of State shall provide that each special
11restricted driver's license issued under subsection (g) of
12Section 6-113 of this Code shall expire 12 months from the date
13of issuance. The Secretary shall adopt rules defining renewal
14requirements.
15    (i) The Secretary of State shall provide that each driver's
16license issued to a person convicted of a sex offense as
17defined in Section 2 of the Sex Offender Registration Act shall
18expire 12 months from the date of issuance or at such date as
19the Secretary may by rule designate, not to exceed an
20additional 12 calendar months. The Secretary may adopt rules
21defining renewal requirements.
22(Source: P.A. 100-248, eff. 8-22-17; 100-863, eff. 8-14-18;
23101-185, eff. 1-1-20.)