103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2091

 

Introduced 2/7/2023, by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 305/37
625 ILCS 5/6-109

    Amends the Secretary of State Act. Provides that, upon completion of the required study of age-related issues, the Secretary of State may adopt administrative rules to raise (instead of raise or lower) the age requirement for actual demonstrations of an applicant's ability to exercise ordinary and reasonable control of the operation of a motor vehicle. Amends the Illinois Vehicle Code to make conforming changes. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning State Government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Secretary of State Act is amended by
5changing Section 37 as follows:
 
6    (15 ILCS 305/37)
7    Sec. 37. Study on age-related changes that affect driving
8abilities. By October 1, 2023, the Secretary of State shall
9conduct a study on age-related changes in vision, physical
10functioning, and the ability to reason and remember, as well
11as any other diseases and medications that might affect safe
12driving abilities. When conducting the study, the Secretary of
13State may utilize data or academic studies conducted by other
14sources, including, but not limited to, other states, the
15Centers for Disease Control and Prevention, the American
16Geriatrics Society, and the National Highway Traffic Safety
17Administration. Upon completion of the study, if the study
18shows that there is no immediate risk to public safety, the
19Secretary of State may adopt administrative rules to raise or
20lower the age requirement for actual demonstrations, provided
21that the required age shall be no lower than the minimum age
22required under subsection (c) of Section 6-109 of the Illinois
23Vehicle Code.

 

 

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1(Source: P.A. 102-1103, eff. 12-6-22.)
 
2    Section 10. The Illinois Vehicle Code is amended by
3changing Section 6-109 as follows:
 
4    (625 ILCS 5/6-109)
5    Sec. 6-109. Examination of applicants.
6    (a) The Secretary of State shall examine every applicant
7for a driver's license or permit who has not been previously
8licensed as a driver under the laws of this State or any other
9state or country, or any applicant for renewal of such
10driver's license or permit when such license or permit has
11been expired for more than one year. The Secretary of State
12shall, subject to the provisions of paragraph (c), examine
13every licensed driver at least every 8 years, and may examine
14or re-examine any other applicant or licensed driver, provided
15that during the years 1984 through 1991 those drivers issued a
16license for 3 years may be re-examined not less than every 7
17years or more than every 10 years.
18    The Secretary of State shall require the testing of the
19eyesight of any driver's license or permit applicant who has
20not been previously licensed as a driver under the laws of this
21State and shall promulgate rules and regulations to provide
22for the orderly administration of all the provisions of this
23Section.
24    The Secretary of State shall include at least one test

 

 

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1question that concerns the provisions of the Pedestrians with
2Disabilities Safety Act in the question pool used for the
3written portion of the driver's license examination within one
4year after July 22, 2010 (the effective date of Public Act
596-1167).
6    The Secretary of State shall include, in the question pool
7used for the written portion of the driver's license
8examination, test questions concerning safe driving in the
9presence of bicycles, of which one may be concerning the Dutch
10Reach method as described in Section 2-112.
11    The Secretary of State shall include, in the question pool
12used for the written portion of the driver's license
13examination, at least one test question concerning driver
14responsibilities when approaching a stationary emergency
15vehicle as described in Section 11-907.
16    (b) Except as provided for those applicants in paragraph
17(c), such examination shall include a test of the applicant's
18eyesight, his or her ability to read and understand official
19traffic control devices, his or her knowledge of safe driving
20practices and the traffic laws of this State, and may include
21an actual demonstration of the applicant's ability to exercise
22ordinary and reasonable control of the operation of a motor
23vehicle, and such further physical and mental examination as
24the Secretary of State finds necessary to determine the
25applicant's fitness to operate a motor vehicle safely on the
26highways, except the examination of an applicant 75 years of

 

 

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1age or older or, if the Secretary adopts rules under Section 37
2of the Secretary of State Act to raise the age requirement for
3actual demonstrations, the examination of an applicant who has
4attained that increased age or is older shall include an
5actual demonstration of the applicant's ability to exercise
6ordinary and reasonable control of the operation of a motor
7vehicle. All portions of written and verbal examinations under
8this Section, excepting where the English language appears on
9facsimiles of road signs, may be given in the Spanish language
10and, at the discretion of the Secretary of State, in any other
11language as well as in English upon request of the examinee.
12Deaf persons who are otherwise qualified are not prohibited
13from being issued a license, other than a commercial driver's
14license, under this Code.
15    (c) Re-examination for those applicants who at the time of
16renewing their driver's license possess a driving record
17devoid of 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
23a driver's license who is 75 years of age or older or, if the
24Secretary adopts rules under Section 37 of the Secretary of
25State Act to raise the age requirement for actual
26demonstrations, every applicant for the renewal of a driver's

 

 

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1license who has attained that increased age or is older must
2prove, by an actual demonstration, the applicant's ability to
3exercise reasonable care in the safe operation of a motor
4vehicle.
5    (d) In the event the applicant is not ineligible under the
6provisions of Section 6-103 to receive a driver's license, the
7Secretary of State shall make provision for giving an
8examination, either in the county where the applicant resides
9or at a place adjacent thereto reasonably convenient to the
10applicant, within not more than 30 days from the date said
11application is received.
12    (e) The Secretary of State may adopt rules regarding the
13use of foreign language interpreters during the application
14and examination process.
15(Source: P.A. 100-770, eff. 1-1-19; 100-962, eff. 1-1-19;
16101-81, eff. 7-12-19; 101-174, eff. 1-1-20.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.