093_HB0501

 
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 1        AN ACT in relation to vehicles.

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

 4        Section  5.   The  Illinois  Vehicle  Code  is amended by
 5    changing Sections 6-109, 6-115, and 6-118 as follows:

 6        (625 ILCS 5/6-109) (from Ch. 95 1/2, par. 6-109)
 7        Sec. 6-109.  Examination of Applicants.
 8        (a)  The Secretary of State shall examine every applicant
 9    for a driver's license or permit who has not been  previously
10    licensed  as  a  driver  under  the laws of this State or any
11    other state or country, or any applicant for renewal of  such
12    driver's  license  or  permit when such license or permit has
13    been expired for more than one year.  The Secretary of  State
14    shall,  subject  to  the provisions of paragraph (c), examine
15    every licensed driver at least every  10  8  years,  and  may
16    examine or re-examine any other applicant or licensed driver,
17    provided  that  during  the  years  1984  through  1991 those
18    drivers issued a license for 3 years may be  re-examined  not
19    less than every 7 years or more than every 10 years.
20        The  Secretary  of State shall require the testing of the
21    eyesight of any driver's license or permit applicant who  has
22    not  been  previously  licensed as a driver under the laws of
23    this State and shall  promulgate  rules  and  regulations  to
24    provide  for the orderly administration of all the provisions
25    of this Section.
26        (b)  Except as provided for those applicants in paragraph
27    (c), such examination shall include a test of the applicant's
28    eyesight, his ability to read and understand official traffic
29    control devices, his knowledge of safe driving practices  and
30    the  traffic  laws  of  this State, and may include an actual
31    demonstration of the applicant's ability to exercise ordinary
 
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 1    and reasonable control of the operation of a  motor  vehicle,
 2    and  such  further  physical  and  mental  examination as the
 3    Secretary  of  State  finds  necessary   to   determine   the
 4    applicant's  fitness to operate a motor vehicle safely on the
 5    highways, except the examination of an applicant 75 years  of
 6    age  or  older  shall  include an actual demonstration of the
 7    applicant's  ability  to  exercise  ordinary  and  reasonable
 8    control of the operation of a motor vehicle.  All portions of
 9    written and verbal examinations under this Section, excepting
10    where the English language  appears  on  facsimiles  of  road
11    signs,  may  be  given  in  the  Spanish language and, at the
12    discretion of the Secretary of State, in any  other  language
13    as  well  as  in  English upon request of the examinee.  Deaf
14    persons who are otherwise qualified are not  prohibited  from
15    being  issued  a  license,  other  than a commercial driver's
16    license, under this Code.
17        (c)  Re-examination for those applicants who at the  time
18    of  renewing  their driver's license possess a driving record
19    devoid of any convictions of traffic violations  or  evidence
20    of committing an offense for which mandatory revocation would
21    be  required upon conviction pursuant to Section 6-205 at the
22    time of renewal shall  be  in  a  manner  prescribed  by  the
23    Secretary  in  order  to  determine an applicant's ability to
24    safely operate a motor vehicle, except that  every  applicant
25    for  the renewal of a driver's license who is 75 years of age
26    or  older  must  prove,  by  an  actual  demonstration,   the
27    applicant's  ability  to exercise reasonable care in the safe
28    operation of a motor vehicle.
29        (d)  In the event the applicant is not  ineligible  under
30    the  provisions  of  Section  6-103  to  receive  a  driver's
31    license,  the  Secretary  of  State  shall make provision for
32    giving  an  examination,  either  in  the  county  where  the
33    applicant resides or at a place adjacent  thereto  reasonably
34    convenient  to  the  applicant,  within not more than 30 days
 
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 1    from the date said application is received.
 2    (Source: P.A. 91-350, eff. 7-29-99.)

 3        (625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
 4        Sec. 6-115.  Expiration of driver's license.
 5        (a)  Except as provided elsewhere in this Section,  every
 6    driver's  license  issued  under  the provisions of this Code
 7    shall expire 4 years from the date of  its  issuance,  or  at
 8    such later date, as the Secretary of State may by proper rule
 9    and  regulation  designate, not to exceed 12 calendar months;
10    in the event that an applicant  for  renewal  of  a  driver's
11    license  fails  to  apply prior to the expiration date of the
12    previous driver's license, the renewal driver's license shall
13    expire 4 years from  the  expiration  date  of  the  previous
14    driver's  license,  or at such later date as the Secretary of
15    State may by proper rule and  regulation  designate,  not  to
16    exceed 12 calendar months.
17        The  Secretary  of  State may, however, issue to a person
18    not previously licensed as a driver in  Illinois  a  driver's
19    license which will expire not less than 4 years nor more than
20    5  years  from date of issuance, except as provided elsewhere
21    in this Section.
22        The Secretary of State is authorized  to  issue  driver's
23    licenses  during  the  years  1984  through  1987 which shall
24    expire not less than 3 years nor more than 5 years  from  the
25    date  of  issuance,  except  as  provided  elsewhere  in this
26    Section, for the purpose of converting all driver's  licenses
27    issued under this Code to a 4 year expiration.  Provided that
28    all  original driver's licenses, except as provided elsewhere
29    in this Section, shall expire not less than 4 years nor  more
30    than 5 years from the date of issuance.
31        (b)  Before  the expiration of a driver's license, except
32    those licenses expiring on the individual's 21st birthday, or
33    3 months after the individual's  21st  birthday,  the  holder
 
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 1    thereof  may  apply for a renewal thereof, subject to all the
 2    provisions of Section 6-103, and the Secretary of  State  may
 3    require  an  examination  of  the applicant. A licensee whose
 4    driver's license expires on his 21st birthday,  or  3  months
 5    after  his  21st birthday, may not apply for a renewal of his
 6    driving privileges until he reaches the age of 21.
 7        (c)  The Secretary of State shall, 30 days prior  to  the
 8    expiration  of  a  driver's  license,  forward to each person
 9    whose license is to expire a notification of  the  expiration
10    of said license which may be presented at the time of renewal
11    of said license.
12        There  may be included with such notification information
13    explaining  the  anatomical  gift   and   Emergency   Medical
14    Information Card provisions of Section 6-110.  The format and
15    text   of   such  information  shall  be  prescribed  by  the
16    Secretary.
17        There shall be included with  such  notification,  for  a
18    period  of  4  years  beginning  January  1, 2000 information
19    regarding  the  Illinois  Adoption   Registry   and   Medical
20    Information  Exchange  established  in  Section  18.1  of the
21    Adoption Act.
22        (d)  The  Secretary  may  defer  the  expiration  of  the
23    driver's  license  of  a  licensee,  spouse,  and   dependent
24    children  who  are  living with such licensee while on active
25    duty, serving in  the  Armed  Forces  of  the  United  States
26    outside  of  the  State  of Illinois, and 45 days thereafter,
27    upon  such  terms  and  conditions  as  the   Secretary   may
28    prescribe.
29        (e)  The  Secretary  of  State  may  decline to process a
30    renewal of a driver's license of any person who has not  paid
31    any  fee  or  tax  due  under  this Code and is not paid upon
32    reasonable notice and demand.
33        (f)  The Secretary shall provide that  each  original  or
34    renewal  driver's license issued to a licensee under 21 years
 
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 1    of age shall  expire  3  months  after  the  licensee's  21st
 2    birthday.  Persons  whose current driver's licenses expire on
 3    their 21st birthday on or after January  1,  1986  shall  not
 4    renew  their driver's license before their 21st birthday, and
 5    their current  driver's  license  will  be  extended  for  an
 6    additional  term  of  3  months  beyond  their 21st birthday.
 7    Thereafter, the expiration and term of the  driver's  license
 8    shall be governed by subsection (a) hereof.
 9        (g)  The  Secretary  shall  provide that each original or
10    renewal driver's license issued to a licensee 81 years of age
11    through age  86  shall  expire  2  years  from  the  date  of
12    issuance,  or at such later date as the Secretary may by rule
13    and regulation designate, not  to  exceed  an  additional  12
14    calendar  months.  The Secretary shall also provide that each
15    original or renewal driver's license issued to a licensee  87
16    years of age or older shall expire 12 months from the date of
17    issuance,  or at such later date as the Secretary may by rule
18    and regulation designate, not  to  exceed  an  additional  12
19    calendar months.
20        (h)  The  Secretary  of  State  shall  provide  that each
21    special restricted driver's license issued  under  subsection
22    (g) of Section 6-113 of this Code shall expire 12 months from
23    the  date  of  issuance.  The  Secretary  shall  adopt  rules
24    defining renewal requirements.
25        (i)  The  Secretary  of State shall adopt rules providing
26    that applicants  for  a  non-CDL  driver's  license  aged  25
27    through  64  may be issued a 10 year renewal driver's license
28    if they meet the standards set forth by rule.
29    (Source: P.A. 91-417, eff. 1-1-00; 92-274, eff. 1-1-02.)

30        (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
31        Sec. 6-118.  Fees.
32        (a)  The fee for licenses and permits under this  Article
33    is as follows:
 
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 1        Original driver's license.............................$10
 2        Original or renewal driver's license
 3             issued to 18, 19 and 20 year olds..................5
 4        All driver's licenses for persons
 5             age 69 through age 80..............................5
 6        All driver's licenses for persons
 7             age 81 through age 86..............................2
 8        All driver's licenses for persons
 9             age 87 or older....................................0
10        Renewal driver's license (except for
11             applicants ages 18, 19 and 20 or
12             age 69 and older).................................10
13        Renewal driver's license (age 25
14             through age 64) issued for 10 years...............25
15        Original instruction permit issued to
16             persons (except those age 69 and older)
17             who do not hold or have not previously
18             held an Illinois instruction permit or
19             driver's license..................................20
20        Instruction permit issued to any person
21             holding an Illinois driver's license
22             who wishes a change in classifications,
23             other than at the time of renewal..................5
24        Any instruction permit issued to a person
25             age 69 and older...................................5
26        Instruction permit issued to any person,
27             under age 69, not currently holding a
28             valid Illinois driver's license or
29             instruction permit but who has
30             previously been issued either document
31             in Illinois.......................................10
32        Restricted driving permit...............................8
33        Duplicate or corrected driver's license
34             or permit..........................................5
 
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 1        Duplicate or corrected restricted
 2             driving permit.....................................5
 3        Original or renewal L M or
 4             M classifications L endorsement....................5
 5        Original or renewal L or M classification
 6             (age 25 through age 64) issued for
 7             10 years..........................................12
 8    SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
 9             The  fees for commercial driver licenses and permits
10        under Article V shall be as follows:
11        Commercial driver's license:
12             $6 for the CDLIS/AAMVAnet Fund
13             (Commercial Driver's License Information
14             System/American Association of Motor Vehicle
15             Administrators network Trust Fund);
16             $20 for the Motor Carrier Safety Inspection Fund;
17             $10 for the driver's license;
18             and $24 for the CDL:.............................$60
19        Renewal commercial driver's license:
20             $6 for the CDLIS/AAMVAnet Trust Fund;
21             $20 for the Motor Carrier Safety Inspection Fund;
22             $10 for the driver's license; and
23             $24 for the CDL:.................................$60
24        Commercial driver instruction permit
25             issued to any person holding a valid
26             Illinois driver's license for the
27             purpose of changing to a
28             CDL classification:  $6 for the
29             CDLIS/AAMVAnet Trust Fund;
30             $20 for the Motor Carrier
31             Safety Inspection Fund; and
32             $24 for the CDL classification...................$50
33        Commercial driver instruction permit
34             issued to any person holding a valid
 
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 1             Illinois CDL for the purpose of
 2             making a change in a classification,
 3             endorsement or restriction........................$5
 4        CDL duplicate or corrected license.....................$5
 5        In order to  ensure  the  proper  implementation  of  the
 6    Uniform  Commercial  Driver  License  Act,  Article V of this
 7    Chapter, the Secretary of State is empowered to pro-rate  the
 8    $24  fee for the commercial driver's license proportionate to
 9    the expiration date  of  the  applicant's  Illinois  driver's
10    license.
11        The  fee  for  any  duplicate  license or permit shall be
12    waived for any person  age  60  or  older  who  presents  the
13    Secretary of State's office with a police report showing that
14    his license or permit was stolen.
15        No  additional  fee  shall  be  charged  for  a  driver's
16    license, or for a commercial driver's license, when issued to
17    the   holder   of   an   instruction   permit  for  the  same
18    classification or type of license who  becomes  eligible  for
19    such license.
20        (b)  Any  person  whose license or privilege to operate a
21    motor vehicle in this State has  been  suspended  or  revoked
22    under  any  provision  of  Chapter  6, Chapter 11, or Section
23    7-702 of the Family  Financial  Responsibility  Law  of  this
24    Code,  shall  in  addition to any other fees required by this
25    Code, pay a reinstatement fee as follows:
26        Summary suspension under Section 11-501.1.............$60
27        Other suspension......................................$30
28        Revocation............................................$60
29        However, any person whose license or privilege to operate
30    a motor vehicle in this State has been suspended  or  revoked
31    for  a  second  or subsequent time for a violation of Section
32    11-501 or 11-501.1 of this Code or a similar provision  of  a
33    local  ordinance or a similar out-of-state offense or Section
34    9-3 of the Criminal Code  of  1961  and  each  suspension  or
 
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 1    revocation  was for a violation of Section 11-501 or 11-501.1
 2    of this Code or a similar provision of a local ordinance or a
 3    similar out-of-state offense or Section 9-3 of  the  Criminal
 4    Code  of  1961  shall  pay,  in  addition  to  any other fees
 5    required by this Code, a reinstatement fee as follows:
 6        Summary suspension under Section 11-501.1............$250
 7        Revocation...........................................$250
 8        (c)  All fees collected  under  the  provisions  of  this
 9    Chapter  6  shall  be  paid  into  the Road Fund in the State
10    Treasury except as follows:
11             1.  The following amounts shall  be  paid  into  the
12        Driver Education Fund:
13                  (A)  $16   of  the  $20  fee  for  an  original
14             driver's instruction permit;
15                  (B)  $5 of the $10 fee for an original driver's
16             license;
17                  (C)  $5 of the $10 fee for  a  4  year  renewal
18             driver's license; and
19                  (C-5)  $13 of the $25 fee for a 10 year renewal
20             driver's license; and
21                  (D)  $4  of the $8 fee for a restricted driving
22             permit.
23             2.  $30 of  the  $60  fee  for  reinstatement  of  a
24        license  summarily suspended under Section 11-501.1 shall
25        be  deposited  into  the  Drunk   and   Drugged   Driving
26        Prevention  Fund.  However, for a person whose license or
27        privilege to operate a motor vehicle in  this  State  has
28        been suspended or revoked for a second or subsequent time
29        for  a  violation  of  Section 11-501 or 11-501.1 of this
30        Code or Section 9-3 of the Criminal Code of 1961, $190 of
31        the $250 fee for reinstatement  of  a  license  summarily
32        suspended  under  Section  11-501.1, and $190 of the $250
33        fee for reinstatement  of  a  revoked  license  shall  be
34        deposited  into  the Drunk and Drugged Driving Prevention
 
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 1        Fund.
 2             3.  $6  of  such  original  or  renewal  fee  for  a
 3        commercial driver's license  and  $6  of  the  commercial
 4        driver  instruction permit fee when such permit is issued
 5        to any person holding a valid Illinois driver's  license,
 6        shall be paid into the CDLIS/AAMVAnet Trust Fund.
 7             4.  The fee for reinstatement of a license suspended
 8        under  the  Family  Financial Responsibility Law shall be
 9        paid into the Family Responsibility Fund.
10             5.  The $5 or $12 additional fee for  each  original
11        or renewal L M or M classification L endorsement shall be
12        deposited into the Cycle Rider Safety Training Fund.
13             6.  $20  of  any  original  or  renewal  fee  for  a
14        commercial   driver's   license   or   commercial  driver
15        instruction permit shall be paid into the  Motor  Carrier
16        Safety Inspection Fund.
17    (Source:  P.A.  91-357,  eff.  7-29-99; 91-537, eff. 8-13-99;
18    92-458, eff. 8-22-01.)

19        Section 99.  Effective date.  This Act takes effect  July
20    1, 2004.