State of Illinois
91st General Assembly
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91_HB3230

 
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 1        AN ACT to amend the Illinois  Vehicle  Code  by  changing
 2    Sections 6-109, 6-115, and 6-118.

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

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

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

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

26        (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
27        Sec. 6-118.  Fees.
28        (a)  The  fee for licenses and permits under this Article
29    is as follows:
30        Original driver's license.............................$10
31        Original or renewal driver's license
32             issued to 18, 19 and 20 year olds..................5
33        All driver's licenses for persons
 
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 1             age 65 69 through age 80...........................5
 2        All driver's licenses for persons
 3             age 81 through age 86..............................2
 4        All driver's licenses for persons
 5             age 87 or older....................................0
 6        Renewal driver's license (except for
 7             applicants ages 18, 19 and 20 or
 8             age 65 69 and older)..............................10
 9        Renewal driver's license (age 25
10             through age 64) issued for 10 years...............25
11        Original instruction permit issued to
12             persons (except those age 65 69 and older)
13             who do not hold or have not previously
14             held an Illinois instruction permit or
15             driver's license..................................20
16        Instruction permit issued to any person
17             holding an Illinois driver's license
18             who wishes a change in classifications,
19             other than at the time of renewal..................5
20        Any instruction permit issued to a person
21             age 65 69 and older................................5
22        Instruction permit issued to any person,
23             under age 65 69, not currently holding a
24             valid Illinois driver's license or
25             instruction permit but who has
26             previously been issued either document
27             in Illinois.......................................10
28        Restricted driving permit...............................8
29        Duplicate or corrected driver's license
30             or permit..........................................5
31        Duplicate or corrected restricted
32             driving permit.....................................5
33        Original or renewal L M or
34             M classification L endorsement.....................5
 
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 1        Original or renewal L or M classification
 2             (age 25 through age 64) issued for
 3             10 years..........................................12
 4    SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
 5             The fees for commercial driver licenses and  permits
 6        under Article V shall be as follows:
 7        Commercial driver's license:
 8             $6 for the CDLIS/AAMVAnet Fund
 9             (Commercial Driver's License Information
10             System/American Association of Motor Vehicle
11             Administrators network Trust Fund);
12             $20 for the Motor Carrier Safety Inspection Fund;
13             $10 for the driver's license;
14             and $24 for the CDL:.............................$60
15        Renewal commercial driver's license:
16             $6 for the CDLIS/AAMVAnet Trust Fund;
17             $20 for the Motor Carrier Safety Inspection Fund;
18             $10 for the driver's license; and
19             $24 for the CDL:.................................$60
20        Commercial driver instruction permit
21             issued to any person holding a valid
22             Illinois driver's license for the
23             purpose of changing to a
24             CDL classification:  $6 for the
25             CDLIS/AAMVAnet Trust Fund;
26             $20 for the Motor Carrier
27             Safety Inspection Fund; and
28             $24 for the CDL classification...................$50
29        Commercial driver instruction permit
30             issued to any person holding a valid
31             Illinois CDL for the purpose of
32             making a change in a classification,
33             endorsement or restriction........................$5
34        CDL duplicate or corrected license.....................$5
 
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 1        In  order  to  ensure  the  proper  implementation of the
 2    Uniform Commercial Driver License  Act,  Article  V  of  this
 3    Chapter,  the Secretary of State is empowered to pro-rate the
 4    $24 fee for the commercial driver's license proportionate  to
 5    the  expiration  date  of  the  applicant's Illinois driver's
 6    license.
 7        The fee for any duplicate  license  or  permit  shall  be
 8    waived  for  any  person  age  60  or  older who presents the
 9    Secretary of State's office with a police report showing that
10    his license or permit was stolen.
11        No  additional  fee  shall  be  charged  for  a  driver's
12    license, or for a commercial driver's license, when issued to
13    the  holder  of  an   instruction   permit   for   the   same
14    classification  or  type  of license who becomes eligible for
15    such license.
16        (b)  Any person whose license or privilege to  operate  a
17    motor  vehicle  in  this  State has been suspended or revoked
18    under any provision of Chapter  6,  Chapter  11,  or  Section
19    7-702  of  the  Family  Financial  Responsibility Law of this
20    Code, shall in addition to any other fees  required  by  this
21    Code, pay a reinstatement fee as follows:
22        Summary suspension under Section 11-501.1.............$60
23        Other suspension......................................$30
24        Revocation............................................$60
25        However, any person whose license or privilege to operate
26    a  motor  vehicle in this State has been suspended or revoked
27    for a second or subsequent time for a  violation  of  Section
28    11-501  or 11-501.1  of this Code or a similar provision of a
29    local ordinance or Section 9-3 of the Criminal Code  of  1961
30    and  each  suspension  or  revocation  was for a violation of
31    Section  11-501  or  11-501.1  of  this  Code  or  a  similar
32    provision of a local ordinance or Section 9-3 of the Criminal
33    Code of 1961  shall  pay,  in  addition  to  any  other  fees
34    required by this Code, a reinstatement fee as follows:
 
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 1        Summary suspension under Section 11-501.1............$250
 2        Revocation...........................................$250
 3        (c)  All  fees  collected  under  the  provisions of this
 4    Chapter 6 shall be paid into  the  Road  Fund  in  the  State
 5    Treasury except as follows:
 6             1. The  following  amounts  shall  be  paid into the
 7        Driver Education Fund:
 8                  (A)  $16  of  the  $20  fee  for  an   original
 9             driver's instruction permit;
10                  (B)  $5 of the $10 fee for an original driver's
11             license;
12                  (C)  $5  of  the  $10  fee for a 4 year renewal
13             driver's license; and
14                  (C-5)  $13 of the $25 fee for a 10 year renewal
15             driver's license; and
16                  (D)  $4 of the $8 fee for a restricted  driving
17             permit.
18             2. $30 of the $60 fee for reinstatement of a license
19        summarily  suspended  under  Section  11-501.1  shall  be
20        deposited  into  the Drunk and Drugged Driving Prevention
21        Fund.  However, for a person whose license  or  privilege
22        to  operate  a  motor  vehicle  in  this  State  has been
23        suspended or revoked for a second or subsequent time  for
24        a violation of Section 11-501 or 11-501.1 of this Code or
25        Section  9-3  of  the  Criminal Code of 1961, $190 of the
26        $250  fee  for  reinstatement  of  a  license   summarily
27        suspended  under  Section  11-501.1, and $190 of the $250
28        fee for reinstatement  of  a  revoked  license  shall  be
29        deposited  into  the Drunk and Drugged Driving Prevention
30        Fund.
31             3. $6  of  such  original  or  renewal  fee  for   a
32        commercial  driver's  license  and  $6  of the commercial
33        driver instruction permit fee when such permit is  issued
34        to  any person holding a valid Illinois driver's license,
 
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 1        shall be paid into the CDLIS/AAMVAnet Trust Fund.
 2             4.  The fee for reinstatement of a license suspended
 3        under the Family Financial Responsibility  Law  shall  be
 4        paid into the Family Responsibility Fund.
 5             5.  The  $5  or $12 additional fee for each original
 6        or renewal L M or M classification L endorsement shall be
 7        deposited into the Cycle Rider Safety Training Fund.
 8             6.  $20  of  any  original  or  renewal  fee  for  a
 9        commercial  driver's    license  or   commercial   driver
10        instruction  permit  shall be paid into the Motor Carrier
11        Safety Inspection Fund.
12    (Source: P.A.  90-622,  eff.  3-1-99;  90-738,  eff.  1-1-99;
13    91-357, eff. 7-29-99; 91-537, eff. 8-13-99.)

14        Section  99.  Effective date.  This Act takes effect July
15    1, 2001.

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