98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4422

 

Introduced , by Rep. Charles E. Jefferson

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 335/4A  from Ch. 124, par. 24A
625 ILCS 5/6-206
625 ILCS 5/6-521  from Ch. 95 1/2, par. 6-521

    Amends the Illinois Identification Card Act. Expands the definition of disability to include oncological impairments. Amends the Illinois Vehicle Code. Provides that the Secretary of State may suspend or revoke the driving privileges of a person that has been convicted by a court-martial or punished by non-judicial punishment by military authorities of the United States in another state for a traffic related offense that would be sufficient to merit suspension or revocation of driving privileges under the Illinois Vehicle Code. Removes the ability and requirement of the Secretary State to adopt rules for restricted commercial driver's licenses limited to operation of a school bus, which was replaced by the School Bus Driver's Permit. Effective January 1, 2015.


LRB098 19486 MLW 54658 b

 

 

A BILL FOR

 

HB4422LRB098 19486 MLW 54658 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 Identification Card Act is amended
5by changing Section 4A as follows:
 
6    (15 ILCS 335/4A)  (from Ch. 124, par. 24A)
7    Sec. 4A. (a) "Person with a disability" as used in this Act
8means any person who is, and who is expected to indefinitely
9continue to be, subject to any of the following five types of
10disabilities:
11    Type One: Physical disability. A physical disability is a
12physical impairment, disease, or loss, which is of a permanent
13nature, and which substantially limits physical ability or
14motor skills. The Secretary of State shall establish standards
15not inconsistent with this provision necessary to determine the
16presence of a physical disability.
17    Type Two: Developmental disability. Developmental
18disability means a disability that is attributable to: (i) an
19intellectual disability, cerebral palsy, epilepsy, or autism
20or (ii) any other condition that results in impairment similar
21to that caused by an intellectual disability and requires
22services similar to those required by persons with intellectual
23disabilities. Such a disability must originate before the age

 

 

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1of 18 years, be expected to continue indefinitely, and
2constitute a substantial handicap. The Secretary of State shall
3establish standards not inconsistent with this provision
4necessary to determine the presence of a developmental
5disability.
6    Type Three: Visual disability. A visual disability is
7blindness, and the term "blindness" means central vision acuity
8of 20/200 or less in the better eye with the use of a
9correcting lens. An eye that is accompanied by a limitation in
10the fields of vision so that the widest diameter of the visual
11field subtends an angle no greater than 20 degrees shall be
12considered as having a central vision acuity of 20/200 or less.
13The Secretary of State shall establish standards not
14inconsistent with this Section necessary to determine the
15presence of a visual disability.
16    Type Four: Hearing disability. A hearing disability is a
17disability resulting in complete absence of hearing, or hearing
18that with sound enhancing or magnifying equipment is so
19impaired as to require the use of sensory input other than
20hearing as the principal means of receiving spoken language.
21The Secretary of State shall establish standards not
22inconsistent with this Section necessary to determine the
23presence of a hearing disability.
24    Type Five: Mental Disability. A mental disability is a
25significant impairment of an individual's cognitive,
26affective, or relational abilities that may require

 

 

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1intervention and may be a recognized, medically diagnosable
2illness or disorder. The Secretary of State shall establish
3standards not inconsistent with this provision necessary to
4determine the presence of a mental disability.
5    (b) For purposes of this Act, a disability shall be
6classified as follows: Class 1 disability: A Class 1 disability
7is any type disability which does not render a person unable to
8engage in any substantial gainful activity or which does not
9impair his ability to live independently or to perform labor or
10services for which he is qualified. The Secretary of State
11shall establish standards not inconsistent with this Section
12necessary to determine the presence of a Class 1 disability.
13Class 1A disability: A Class 1A disability is a Class 1
14disability which renders a person unable to walk 200 feet or
15more unassisted by another person or without the aid of a
16walker, crutches, braces, prosthetic device or a wheelchair or
17without great difficulty or discomfort due to the following
18impairments: neurologic, orthopedic, oncological, respiratory,
19cardiac, arthritic disorder, blindness, or the loss of function
20or absence of a limb or limbs. The Secretary of State shall
21establish standards not inconsistent with this Section
22necessary to determine the presence of a Class 1A disability.
23Class 2 disability: A Class 2 disability is any type disability
24which renders a person unable to engage in any substantial
25gainful activity, which substantially impairs his ability to
26live independently without supervision or in-home support

 

 

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1services, or which substantially impairs his ability to perform
2labor or services for which he is qualified or significantly
3restricts the labor or services which he is able to perform.
4The Secretary of State shall establish standards not
5inconsistent with this Section necessary to determine the
6presence of a Class 2 disability. Class 2A disability: A Class
72A disability is a Class 2 disability which renders a person
8unable to walk 200 feet or more unassisted by another person or
9without the aid of a walker, crutches, braces, prosthetic
10device or a wheelchair or without great difficulty or
11discomfort due to the following impairments: neurologic,
12orthopedic, oncological, respiratory, cardiac, arthritic
13disorder, blindness, or the loss of function or absence of a
14limb or limbs. The Secretary of State shall establish standards
15not inconsistent with this Section necessary to determine the
16presence of a Class 2A disability.
17(Source: P.A. 97-227, eff. 1-1-12; 97-1064, eff. 1-1-13.)
 
18    Section 10. The Illinois Vehicle Code is amended by
19changing Sections 6-206 and 6-521 as follows:
 
20    (625 ILCS 5/6-206)
21    Sec. 6-206. Discretionary authority to suspend or revoke
22license or permit; Right to a hearing.
23    (a) The Secretary of State is authorized to suspend or
24revoke the driving privileges of any person without preliminary

 

 

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1hearing upon a showing of the person's records or other
2sufficient evidence that the person:
3        1. Has committed an offense for which mandatory
4    revocation of a driver's license or permit is required upon
5    conviction;
6        2. Has been convicted of not less than 3 offenses
7    against traffic regulations governing the movement of
8    vehicles committed within any 12 month period. No
9    revocation or suspension shall be entered more than 6
10    months after the date of last conviction;
11        3. Has been repeatedly involved as a driver in motor
12    vehicle collisions or has been repeatedly convicted of
13    offenses against laws and ordinances regulating the
14    movement of traffic, to a degree that indicates lack of
15    ability to exercise ordinary and reasonable care in the
16    safe operation of a motor vehicle or disrespect for the
17    traffic laws and the safety of other persons upon the
18    highway;
19        4. Has by the unlawful operation of a motor vehicle
20    caused or contributed to an accident resulting in injury
21    requiring immediate professional treatment in a medical
22    facility or doctor's office to any person, except that any
23    suspension or revocation imposed by the Secretary of State
24    under the provisions of this subsection shall start no
25    later than 6 months after being convicted of violating a
26    law or ordinance regulating the movement of traffic, which

 

 

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1    violation is related to the accident, or shall start not
2    more than one year after the date of the accident,
3    whichever date occurs later;
4        5. Has permitted an unlawful or fraudulent use of a
5    driver's license, identification card, or permit;
6        6. Has been lawfully convicted of an offense or
7    offenses in another state, including the authorization
8    contained in Section 6-203.1, which if committed within
9    this State would be grounds for suspension or revocation;
10        7. Has refused or failed to submit to an examination
11    provided for by Section 6-207 or has failed to pass the
12    examination;
13        8. Is ineligible for a driver's license or permit under
14    the provisions of Section 6-103;
15        9. Has made a false statement or knowingly concealed a
16    material fact or has used false information or
17    identification in any application for a license,
18    identification card, or permit;
19        10. Has possessed, displayed, or attempted to
20    fraudulently use any license, identification card, or
21    permit not issued to the person;
22        11. Has operated a motor vehicle upon a highway of this
23    State when the person's driving privilege or privilege to
24    obtain a driver's license or permit was revoked or
25    suspended unless the operation was authorized by a
26    monitoring device driving permit, judicial driving permit

 

 

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1    issued prior to January 1, 2009, probationary license to
2    drive, or a restricted driving permit issued under this
3    Code;
4        12. Has submitted to any portion of the application
5    process for another person or has obtained the services of
6    another person to submit to any portion of the application
7    process for the purpose of obtaining a license,
8    identification card, or permit for some other person;
9        13. Has operated a motor vehicle upon a highway of this
10    State when the person's driver's license or permit was
11    invalid under the provisions of Sections 6-107.1 and 6-110;
12        14. Has committed a violation of Section 6-301,
13    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
14    of the Illinois Identification Card Act;
15        15. Has been convicted of violating Section 21-2 of the
16    Criminal Code of 1961 or the Criminal Code of 2012 relating
17    to criminal trespass to vehicles in which case, the
18    suspension shall be for one year;
19        16. Has been convicted of violating Section 11-204 of
20    this Code relating to fleeing from a peace officer;
21        17. Has refused to submit to a test, or tests, as
22    required under Section 11-501.1 of this Code and the person
23    has not sought a hearing as provided for in Section
24    11-501.1;
25        18. Has, since issuance of a driver's license or
26    permit, been adjudged to be afflicted with or suffering

 

 

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1    from any mental disability or disease;
2        19. Has committed a violation of paragraph (a) or (b)
3    of Section 6-101 relating to driving without a driver's
4    license;
5        20. Has been convicted of violating Section 6-104
6    relating to classification of driver's license;
7        21. Has been convicted of violating Section 11-402 of
8    this Code relating to leaving the scene of an accident
9    resulting in damage to a vehicle in excess of $1,000, in
10    which case the suspension shall be for one year;
11        22. Has used a motor vehicle in violating paragraph
12    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
13    the Criminal Code of 1961 or the Criminal Code of 2012
14    relating to unlawful use of weapons, in which case the
15    suspension shall be for one year;
16        23. Has, as a driver, been convicted of committing a
17    violation of paragraph (a) of Section 11-502 of this Code
18    for a second or subsequent time within one year of a
19    similar violation;
20        24. Has been convicted by a court-martial or punished
21    by non-judicial punishment by military authorities of the
22    United States at a military installation in Illinois or in
23    another state of or for a traffic related offense that is
24    the same as or similar to an offense specified under
25    Section 6-205 or 6-206 of this Code;
26        25. Has permitted any form of identification to be used

 

 

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1    by another in the application process in order to obtain or
2    attempt to obtain a license, identification card, or
3    permit;
4        26. Has altered or attempted to alter a license or has
5    possessed an altered license, identification card, or
6    permit;
7        27. Has violated Section 6-16 of the Liquor Control Act
8    of 1934;
9        28. Has been convicted for a first time of the illegal
10    possession, while operating or in actual physical control,
11    as a driver, of a motor vehicle, of any controlled
12    substance prohibited under the Illinois Controlled
13    Substances Act, any cannabis prohibited under the Cannabis
14    Control Act, or any methamphetamine prohibited under the
15    Methamphetamine Control and Community Protection Act, in
16    which case the person's driving privileges shall be
17    suspended for one year. Any defendant found guilty of this
18    offense while operating a motor vehicle, shall have an
19    entry made in the court record by the presiding judge that
20    this offense did occur while the defendant was operating a
21    motor vehicle and order the clerk of the court to report
22    the violation to the Secretary of State;
23        29. Has been convicted of the following offenses that
24    were committed while the person was operating or in actual
25    physical control, as a driver, of a motor vehicle: criminal
26    sexual assault, predatory criminal sexual assault of a

 

 

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1    child, aggravated criminal sexual assault, criminal sexual
2    abuse, aggravated criminal sexual abuse, juvenile pimping,
3    soliciting for a juvenile prostitute, promoting juvenile
4    prostitution as described in subdivision (a)(1), (a)(2),
5    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
6    or the Criminal Code of 2012, and the manufacture, sale or
7    delivery of controlled substances or instruments used for
8    illegal drug use or abuse in which case the driver's
9    driving privileges shall be suspended for one year;
10        30. Has been convicted a second or subsequent time for
11    any combination of the offenses named in paragraph 29 of
12    this subsection, in which case the person's driving
13    privileges shall be suspended for 5 years;
14        31. Has refused to submit to a test as required by
15    Section 11-501.6 of this Code or Section 5-16c of the Boat
16    Registration and Safety Act or has submitted to a test
17    resulting in an alcohol concentration of 0.08 or more or
18    any amount of a drug, substance, or compound resulting from
19    the unlawful use or consumption of cannabis as listed in
20    the Cannabis Control Act, a controlled substance as listed
21    in the Illinois Controlled Substances Act, an intoxicating
22    compound as listed in the Use of Intoxicating Compounds
23    Act, or methamphetamine as listed in the Methamphetamine
24    Control and Community Protection Act, in which case the
25    penalty shall be as prescribed in Section 6-208.1;
26        32. Has been convicted of Section 24-1.2 of the

 

 

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1    Criminal Code of 1961 or the Criminal Code of 2012 relating
2    to the aggravated discharge of a firearm if the offender
3    was located in a motor vehicle at the time the firearm was
4    discharged, in which case the suspension shall be for 3
5    years;
6        33. Has as a driver, who was less than 21 years of age
7    on the date of the offense, been convicted a first time of
8    a violation of paragraph (a) of Section 11-502 of this Code
9    or a similar provision of a local ordinance;
10        34. Has committed a violation of Section 11-1301.5 of
11    this Code or a similar provision of a local ordinance;
12        35. Has committed a violation of Section 11-1301.6 of
13    this Code or a similar provision of a local ordinance;
14        36. Is under the age of 21 years at the time of arrest
15    and has been convicted of not less than 2 offenses against
16    traffic regulations governing the movement of vehicles
17    committed within any 24 month period. No revocation or
18    suspension shall be entered more than 6 months after the
19    date of last conviction;
20        37. Has committed a violation of subsection (c) of
21    Section 11-907 of this Code that resulted in damage to the
22    property of another or the death or injury of another;
23        38. Has been convicted of a violation of Section 6-20
24    of the Liquor Control Act of 1934 or a similar provision of
25    a local ordinance;
26        39. Has committed a second or subsequent violation of

 

 

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1    Section 11-1201 of this Code;
2        40. Has committed a violation of subsection (a-1) of
3    Section 11-908 of this Code;
4        41. Has committed a second or subsequent violation of
5    Section 11-605.1 of this Code, a similar provision of a
6    local ordinance, or a similar violation in any other state
7    within 2 years of the date of the previous violation, in
8    which case the suspension shall be for 90 days;
9        42. Has committed a violation of subsection (a-1) of
10    Section 11-1301.3 of this Code or a similar provision of a
11    local ordinance;
12        43. Has received a disposition of court supervision for
13    a violation of subsection (a), (d), or (e) of Section 6-20
14    of the Liquor Control Act of 1934 or a similar provision of
15    a local ordinance, in which case the suspension shall be
16    for a period of 3 months;
17        44. Is under the age of 21 years at the time of arrest
18    and has been convicted of an offense against traffic
19    regulations governing the movement of vehicles after
20    having previously had his or her driving privileges
21    suspended or revoked pursuant to subparagraph 36 of this
22    Section;
23        45. Has, in connection with or during the course of a
24    formal hearing conducted under Section 2-118 of this Code:
25    (i) committed perjury; (ii) submitted fraudulent or
26    falsified documents; (iii) submitted documents that have

 

 

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1    been materially altered; or (iv) submitted, as his or her
2    own, documents that were in fact prepared or composed for
3    another person;
4        46. Has committed a violation of subsection (j) of
5    Section 3-413 of this Code; or
6        47. Has committed a violation of Section 11-502.1 of
7    this Code.
8    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
9and 27 of this subsection, license means any driver's license,
10any traffic ticket issued when the person's driver's license is
11deposited in lieu of bail, a suspension notice issued by the
12Secretary of State, a duplicate or corrected driver's license,
13a probationary driver's license or a temporary driver's
14license.
15    (b) If any conviction forming the basis of a suspension or
16revocation authorized under this Section is appealed, the
17Secretary of State may rescind or withhold the entry of the
18order of suspension or revocation, as the case may be, provided
19that a certified copy of a stay order of a court is filed with
20the Secretary of State. If the conviction is affirmed on
21appeal, the date of the conviction shall relate back to the
22time the original judgment of conviction was entered and the 6
23month limitation prescribed shall not apply.
24    (c) 1. Upon suspending or revoking the driver's license or
25permit of any person as authorized in this Section, the
26Secretary of State shall immediately notify the person in

 

 

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1writing of the revocation or suspension. The notice to be
2deposited in the United States mail, postage prepaid, to the
3last known address of the person.
4        2. If the Secretary of State suspends the driver's
5    license of a person under subsection 2 of paragraph (a) of
6    this Section, a person's privilege to operate a vehicle as
7    an occupation shall not be suspended, provided an affidavit
8    is properly completed, the appropriate fee received, and a
9    permit issued prior to the effective date of the
10    suspension, unless 5 offenses were committed, at least 2 of
11    which occurred while operating a commercial vehicle in
12    connection with the driver's regular occupation. All other
13    driving privileges shall be suspended by the Secretary of
14    State. Any driver prior to operating a vehicle for
15    occupational purposes only must submit the affidavit on
16    forms to be provided by the Secretary of State setting
17    forth the facts of the person's occupation. The affidavit
18    shall also state the number of offenses committed while
19    operating a vehicle in connection with the driver's regular
20    occupation. The affidavit shall be accompanied by the
21    driver's license. Upon receipt of a properly completed
22    affidavit, the Secretary of State shall issue the driver a
23    permit to operate a vehicle in connection with the driver's
24    regular occupation only. Unless the permit is issued by the
25    Secretary of State prior to the date of suspension, the
26    privilege to drive any motor vehicle shall be suspended as

 

 

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1    set forth in the notice that was mailed under this Section.
2    If an affidavit is received subsequent to the effective
3    date of this suspension, a permit may be issued for the
4    remainder of the suspension period.
5        The provisions of this subparagraph shall not apply to
6    any driver required to possess a CDL for the purpose of
7    operating a commercial motor vehicle.
8        Any person who falsely states any fact in the affidavit
9    required herein shall be guilty of perjury under Section
10    6-302 and upon conviction thereof shall have all driving
11    privileges revoked without further rights.
12        3. At the conclusion of a hearing under Section 2-118
13    of this Code, the Secretary of State shall either rescind
14    or continue an order of revocation or shall substitute an
15    order of suspension; or, good cause appearing therefor,
16    rescind, continue, change, or extend the order of
17    suspension. If the Secretary of State does not rescind the
18    order, the Secretary may upon application, to relieve undue
19    hardship (as defined by the rules of the Secretary of
20    State), issue a restricted driving permit granting the
21    privilege of driving a motor vehicle between the
22    petitioner's residence and petitioner's place of
23    employment or within the scope of the petitioner's
24    employment related duties, or to allow the petitioner to
25    transport himself or herself, or a family member of the
26    petitioner's household to a medical facility, to receive

 

 

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1    necessary medical care, to allow the petitioner to
2    transport himself or herself to and from alcohol or drug
3    remedial or rehabilitative activity recommended by a
4    licensed service provider, or to allow the petitioner to
5    transport himself or herself or a family member of the
6    petitioner's household to classes, as a student, at an
7    accredited educational institution, or to allow the
8    petitioner to transport children, elderly persons, or
9    disabled persons who do not hold driving privileges and are
10    living in the petitioner's household to and from daycare.
11    The petitioner must demonstrate that no alternative means
12    of transportation is reasonably available and that the
13    petitioner will not endanger the public safety or welfare.
14    Those multiple offenders identified in subdivision (b)4 of
15    Section 6-208 of this Code, however, shall not be eligible
16    for the issuance of a restricted driving permit.
17             (A) If a person's license or permit is revoked or
18        suspended due to 2 or more convictions of violating
19        Section 11-501 of this Code or a similar provision of a
20        local ordinance or a similar out-of-state offense, or
21        Section 9-3 of the Criminal Code of 1961 or the
22        Criminal Code of 2012, where the use of alcohol or
23        other drugs is recited as an element of the offense, or
24        a similar out-of-state offense, or a combination of
25        these offenses, arising out of separate occurrences,
26        that person, if issued a restricted driving permit, may

 

 

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1        not operate a vehicle unless it has been equipped with
2        an ignition interlock device as defined in Section
3        1-129.1.
4            (B) If a person's license or permit is revoked or
5        suspended 2 or more times within a 10 year period due
6        to any combination of:
7                (i) a single conviction of violating Section
8            11-501 of this Code or a similar provision of a
9            local ordinance or a similar out-of-state offense
10            or Section 9-3 of the Criminal Code of 1961 or the
11            Criminal Code of 2012, where the use of alcohol or
12            other drugs is recited as an element of the
13            offense, or a similar out-of-state offense; or
14                (ii) a statutory summary suspension or
15            revocation under Section 11-501.1; or
16                (iii) a suspension under Section 6-203.1;
17        arising out of separate occurrences; that person, if
18        issued a restricted driving permit, may not operate a
19        vehicle unless it has been equipped with an ignition
20        interlock device as defined in Section 1-129.1.
21            (C) The person issued a permit conditioned upon the
22        use of an ignition interlock device must pay to the
23        Secretary of State DUI Administration Fund an amount
24        not to exceed $30 per month. The Secretary shall
25        establish by rule the amount and the procedures, terms,
26        and conditions relating to these fees.

 

 

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1            (D) If the restricted driving permit is issued for
2        employment purposes, then the prohibition against
3        operating a motor vehicle that is not equipped with an
4        ignition interlock device does not apply to the
5        operation of an occupational vehicle owned or leased by
6        that person's employer when used solely for employment
7        purposes.
8            (E) In each case the Secretary may issue a
9        restricted driving permit for a period deemed
10        appropriate, except that all permits shall expire
11        within one year from the date of issuance. The
12        Secretary may not, however, issue a restricted driving
13        permit to any person whose current revocation is the
14        result of a second or subsequent conviction for a
15        violation of Section 11-501 of this Code or a similar
16        provision of a local ordinance or any similar
17        out-of-state offense, or Section 9-3 of the Criminal
18        Code of 1961 or the Criminal Code of 2012, where the
19        use of alcohol or other drugs is recited as an element
20        of the offense, or any similar out-of-state offense, or
21        any combination of those offenses, until the
22        expiration of at least one year from the date of the
23        revocation. A restricted driving permit issued under
24        this Section shall be subject to cancellation,
25        revocation, and suspension by the Secretary of State in
26        like manner and for like cause as a driver's license

 

 

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1        issued under this Code may be cancelled, revoked, or
2        suspended; except that a conviction upon one or more
3        offenses against laws or ordinances regulating the
4        movement of traffic shall be deemed sufficient cause
5        for the revocation, suspension, or cancellation of a
6        restricted driving permit. The Secretary of State may,
7        as a condition to the issuance of a restricted driving
8        permit, require the applicant to participate in a
9        designated driver remedial or rehabilitative program.
10        The Secretary of State is authorized to cancel a
11        restricted driving permit if the permit holder does not
12        successfully complete the program.
13    (c-3) In the case of a suspension under paragraph 43 of
14subsection (a), reports received by the Secretary of State
15under this Section shall, except during the actual time the
16suspension is in effect, be privileged information and for use
17only by the courts, police officers, prosecuting authorities,
18the driver licensing administrator of any other state, the
19Secretary of State, or the parent or legal guardian of a driver
20under the age of 18. However, beginning January 1, 2008, if the
21person is a CDL holder, the suspension shall also be made
22available to the driver licensing administrator of any other
23state, the U.S. Department of Transportation, and the affected
24driver or motor carrier or prospective motor carrier upon
25request.
26    (c-4) In the case of a suspension under paragraph 43 of

 

 

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1subsection (a), the Secretary of State shall notify the person
2by mail that his or her driving privileges and driver's license
3will be suspended one month after the date of the mailing of
4the notice.
5    (c-5) The Secretary of State may, as a condition of the
6reissuance of a driver's license or permit to an applicant
7whose driver's license or permit has been suspended before he
8or she reached the age of 21 years pursuant to any of the
9provisions of this Section, require the applicant to
10participate in a driver remedial education course and be
11retested under Section 6-109 of this Code.
12    (d) This Section is subject to the provisions of the
13Drivers License Compact.
14    (e) The Secretary of State shall not issue a restricted
15driving permit to a person under the age of 16 years whose
16driving privileges have been suspended or revoked under any
17provisions of this Code.
18    (f) In accordance with 49 C.F.R. 384, the Secretary of
19State may not issue a restricted driving permit for the
20operation of a commercial motor vehicle to a person holding a
21CDL whose driving privileges have been suspended, revoked,
22cancelled, or disqualified under any provisions of this Code.
23(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11;
2497-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13;
2597-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff.
261-1-14; 98-122, eff. 1-1-14; revised 9-19-13.)
 

 

 

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1    (625 ILCS 5/6-521)   (from Ch. 95 1/2, par. 6-521)
2    Sec. 6-521. Rulemaking Authority.
3    (a) The Secretary of State, using the authority to license
4motor vehicle operators under this Code, may adopt such rules
5and regulations as may be necessary to establish standards,
6policies and procedures for the licensing and sanctioning of
7commercial motor vehicle drivers in order to meet the
8requirements of the Commercial Motor Vehicle Act of 1986
9(CMVSA); subsequent federal rulemaking under 49 C.F.R. Part 383
10or Part 1572; and administrative and policy decisions of the
11U.S. Secretary of Transportation and the Federal Motor Carrier
12Safety Administration. The Secretary may, as provided in the
13CMVSA, establish stricter requirements for the licensing of
14commercial motor vehicle drivers than those established by the
15federal government.
16    (b) By January 1, 1994, the Secretary of State shall
17establish rules and regulations for the issuance of a
18restricted commercial driver's license for farm-related
19service industries consistent with federal guidelines. The
20restricted license shall be available for a seasonal period or
21periods not to exceed a total of 180 days in any 12 month
22period.
23    (c) (Blank). By July 1, 1995, the Secretary of State shall
24establish rules and regulations, to be consistent with federal
25guidelines, for the issuance and cancellation or withdrawal of

 

 

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1a restricted commercial driver's license that is limited to the
2operation of a school bus. A driver whose restricted commercial
3driver's license has been cancelled or withdrawn may contest
4the sanction by requesting a hearing pursuant to Section 2-118
5of this Code. The cancellation or withdrawal of the restricted
6commercial driver's license shall remain in effect pending the
7outcome of that hearing.
8    (d) By July 1, 1995, the Secretary of State shall establish
9rules and regulations for the issuance and cancellation of a
10School Bus Driver's Permit. The permit shall be required for
11the operation of a school bus as provided in subsection (c), a
12non-restricted CDL with passenger endorsement, or a properly
13classified driver's license. The permit will establish that the
14school bus driver has met all the requirements of the
15application and screening process established by Section
166-106.1 of this Code.
17(Source: P.A. 95-382, eff. 8-23-07.)
 
18    Section 99. Effective date. This Act takes effect January
191, 2015.