Bill Text: IL HB4374 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Provides that the Secretary of State shall examine every licensed driver at least every 16 (rather than 8) years. Provides that except as otherwise provided in the Code, every driver's license issued under the Code shall expire 8 (rather than 4) years from the date of issuance. Removes a provision allowing the Secretary to issue to a person not previously licensed as a driver in Illinois a driver's license which will expire not less than 4 years and not more than 5 years from the date of issuance.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB4374 Detail]
Download: Illinois-2017-HB4374-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||||
5 | Sections 6-109 and 6-115 as follows:
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6 | (625 ILCS 5/6-109)
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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 other | |||||||||||||||||||||
11 | state or country, or any applicant for renewal
of such driver's | |||||||||||||||||||||
12 | license or permit when such license or permit has been expired
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13 | for more than one year. The Secretary of State shall, subject | |||||||||||||||||||||
14 | to the
provisions of paragraph (c), examine every licensed | |||||||||||||||||||||
15 | driver at least every 16 8
years, and may examine or re-examine | |||||||||||||||||||||
16 | any other applicant or licensed driver,
provided that during | |||||||||||||||||||||
17 | the years 1984 through 1991 those drivers issued a license
for | |||||||||||||||||||||
18 | 3 years may be re-examined not less than every 7 years or more | |||||||||||||||||||||
19 | 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 this | |||||||||||||||||||||
23 | State and shall promulgate rules and
regulations to provide for |
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1 | the orderly administration of all the provisions of
this | ||||||
2 | Section. | ||||||
3 | The Secretary of State shall include at least one test | ||||||
4 | question that concerns the provisions of the Pedestrians with | ||||||
5 | Disabilities Safety Act in the question pool used for the | ||||||
6 | written portion of the drivers license examination within one | ||||||
7 | year after July 22, 2010 (the effective date of Public Act | ||||||
8 | 96-1167). | ||||||
9 | (b) Except as provided for those applicants in paragraph | ||||||
10 | (c), such
examination shall include a test of the applicant's
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11 | eyesight, his ability to read and understand official traffic | ||||||
12 | control devices,
his knowledge of safe driving practices and | ||||||
13 | the traffic laws of this State,
and may include an actual | ||||||
14 | demonstration of the applicant's ability to exercise
ordinary | ||||||
15 | and reasonable control of the operation of a motor vehicle, and
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16 | such further physical and mental examination as the Secretary | ||||||
17 | of State finds
necessary to determine the applicant's fitness | ||||||
18 | to operate a motor vehicle
safely on the highways, except the | ||||||
19 | examination of an applicant 75 years
of age or older shall | ||||||
20 | include an actual demonstration of the applicant's
ability to | ||||||
21 | exercise ordinary and reasonable control of the operation of
a | ||||||
22 | motor vehicle. All portions of written and verbal examinations | ||||||
23 | under
this Section, excepting where the English language | ||||||
24 | appears on facsimiles
of road signs, may be given in the | ||||||
25 | Spanish language and, at the discretion
of the Secretary of | ||||||
26 | State, in any other language as well as in English upon
request |
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1 | of the examinee. Deaf persons who are otherwise qualified are | ||||||
2 | not
prohibited from being issued a license, other than a | ||||||
3 | commercial driver's
license, under this Code. | ||||||
4 | (c) Re-examination for those applicants who at the time of | ||||||
5 | renewing their
driver's license possess a driving record devoid | ||||||
6 | of any convictions of traffic
violations or evidence of | ||||||
7 | committing an offense
for which mandatory revocation
would be | ||||||
8 | required upon conviction pursuant to Section 6-205 at the time
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9 | of renewal shall be in a manner prescribed by the Secretary
in | ||||||
10 | order to determine an applicant's ability to safely operate a | ||||||
11 | motor
vehicle,
except that every applicant for the renewal of a | ||||||
12 | driver's license who is
75 years of age or older must prove, by | ||||||
13 | an actual demonstration,
the applicant's ability to exercise | ||||||
14 | reasonable care in the safe operation
of a motor vehicle. | ||||||
15 | (d) In the event the applicant is not ineligible under the | ||||||
16 | provisions of
Section 6-103 to receive a driver's license, the | ||||||
17 | Secretary of State
shall make provision for giving an | ||||||
18 | examination, either in the county where
the applicant resides | ||||||
19 | or at a place adjacent thereto reasonably convenient
to the | ||||||
20 | applicant, within not more than 30 days from the date said
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21 | application is received. | ||||||
22 | (e) The Secretary of State may adopt rules regarding the | ||||||
23 | use of foreign language interpreters during the application and | ||||||
24 | examination process. | ||||||
25 | (Source: P.A. 96-1167, eff. 7-22-10; 96-1231, eff. 7-23-10; | ||||||
26 | 97-333, eff. 8-12-11.)
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1 | (625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
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2 | Sec. 6-115. Expiration of driver's license.
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3 | (a) Except as provided elsewhere in this Section, every
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4 | driver's license issued under the provisions of
this Code shall
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5 | expire 8 4 years from the date of its issuance , or at such | ||||||
6 | later
date, as the Secretary of State may by proper rule and | ||||||
7 | regulation designate,
not to exceed 12 calendar months ; in the | ||||||
8 | event
that an applicant for renewal of a driver's license fails
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9 | to apply prior to
the expiration date of the previous driver's | ||||||
10 | license, the renewal driver's
license
shall expire 8 4 years | ||||||
11 | from the expiration date of the previous
driver's license, or | ||||||
12 | at such later date as the Secretary of State may
by proper rule | ||||||
13 | and
regulation designate, not to exceed 8 years from the date | ||||||
14 | of issuance 12 calendar months .
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15 | The Secretary of State may, however, issue to a
person not | ||||||
16 | previously licensed as a driver in Illinois a driver's
license
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17 | which will expire not less than 4 years nor more than 5
years | ||||||
18 | from date of
issuance, except as provided elsewhere in this | ||||||
19 | Section.
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20 | (a-5) Every driver's license issued under this Code to an | ||||||
21 | applicant who is not a United States citizen or permanent | ||||||
22 | resident shall be marked "Limited Term" and shall expire on | ||||||
23 | whichever is the earlier date of the following: | ||||||
24 | (1) as provided under subsection (a), (f), (g), or (i) | ||||||
25 | of this Section; or |
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1 | (2) on the date the applicant's authorized stay in the | ||||||
2 | United States terminates; or | ||||||
3 | (3) if the applicant's authorized stay is indefinite | ||||||
4 | and the applicant is applying for a Limited Term REAL ID | ||||||
5 | compliant driver's license, one year from the date of | ||||||
6 | issuance of the license. | ||||||
7 | (b) Before the expiration of a driver's license, except | ||||||
8 | those
licenses expiring on the individual's 21st birthday, or 3 | ||||||
9 | months after
the individual's 21st birthday, the holder thereof | ||||||
10 | may apply for a renewal
thereof, subject to all the provisions | ||||||
11 | of Section 6-103, and the Secretary
of State may require an | ||||||
12 | examination of the applicant. A licensee
whose driver's license | ||||||
13 | expires on his 21st birthday, or 3 months after
his 21st | ||||||
14 | birthday, may not apply for a renewal of his driving privileges
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15 | until he reaches the age of 21.
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16 | (c) The Secretary of State shall, 30 days prior to the | ||||||
17 | expiration of a
driver's license, forward to each person whose | ||||||
18 | license
is to expire a
notification of the expiration of said | ||||||
19 | license which may
be presented at the time of renewal of said | ||||||
20 | license.
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21 | There may be included with such notification information | ||||||
22 | explaining
the anatomical gift and Emergency Medical | ||||||
23 | Information Card provisions of
Section 6-110. The format and | ||||||
24 | text of such information
shall be prescribed by the Secretary.
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25 | There shall be included with such notification,
for a | ||||||
26 | period of 4 years beginning January 1, 2000 information |
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1 | regarding the
Illinois Adoption Registry and Medical | ||||||
2 | Information Exchange established in
Section 18.1 of the | ||||||
3 | Adoption Act.
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4 | (d) The Secretary may defer the expiration of the driver's | ||||||
5 | license
of a licensee, spouse, and dependent children who are | ||||||
6 | living with such licensee
while on active duty, serving in the | ||||||
7 | Armed Forces of the United
States outside of the State of | ||||||
8 | Illinois, and 120 days thereafter, upon such
terms and | ||||||
9 | conditions as the Secretary may prescribe.
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10 | (d-5) The Secretary may defer the expiration of the | ||||||
11 | driver's license of a licensee, or of a spouse or dependent | ||||||
12 | children living with the licensee, serving as a civilian | ||||||
13 | employee of the United States Armed Forces or the United States | ||||||
14 | Department of Defense, outside of the State of Illinois, and | ||||||
15 | 120 days thereafter, upon such terms and conditions as the | ||||||
16 | Secretary may prescribe. | ||||||
17 | (e) The Secretary of State may decline to process a renewal | ||||||
18 | of a driver's
license
of any person who has not paid any fee or | ||||||
19 | tax due under this Code and is not
paid upon reasonable notice | ||||||
20 | and demand.
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21 | (f) The Secretary shall provide that each original or | ||||||
22 | renewal driver's
license issued to a licensee under 21 years of | ||||||
23 | age shall expire 3 months
after the licensee's 21st birthday. | ||||||
24 | Persons whose current driver's licenses
expire on their 21st | ||||||
25 | birthday on or after January 1, 1986 shall not renew their
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26 | driver's license before their 21st birthday, and their current |
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1 | driver's
license will be extended for an additional term of 3 | ||||||
2 | months beyond their
21st birthday. Thereafter, the expiration | ||||||
3 | and term of the driver's license
shall be governed by | ||||||
4 | subsection (a) hereof.
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5 | (g) The Secretary shall provide that each original or | ||||||
6 | renewal driver's
license issued to a licensee 81 years of age | ||||||
7 | through age 86 shall expire 2
years from the date of issuance, | ||||||
8 | or at such later date as the Secretary may
by rule and | ||||||
9 | regulation designate, not to exceed an additional 12 calendar
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10 | months. The
Secretary shall also provide that each original or | ||||||
11 | renewal driver's license
issued to a licensee 87 years of age | ||||||
12 | or older shall expire 12 months from
the date of issuance, or | ||||||
13 | at such later date as the Secretary may by rule
and regulation | ||||||
14 | designate, not to exceed an additional 12 calendar months.
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15 | (h) The Secretary of State shall provide that each special
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16 | restricted driver's license issued under subsection (g) of | ||||||
17 | Section
6-113 of this Code shall expire 12 months from the date | ||||||
18 | of
issuance. The Secretary shall adopt rules defining renewal
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19 | requirements.
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20 | (i) The Secretary of State shall provide that each driver's | ||||||
21 | license issued to a person convicted of a sex offense as | ||||||
22 | defined in Section 2 of the Sex Offender Registration Act shall | ||||||
23 | expire 12 months from the date of issuance or at such date as | ||||||
24 | the Secretary may by rule designate, not to exceed an | ||||||
25 | additional 12 calendar months. The Secretary may adopt rules | ||||||
26 | defining renewal requirements.
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1 | (Source: P.A. 99-118, eff. 1-1-16; 99-305, eff. 1-1-16; 99-642, | ||||||
2 | eff. 7-28-16; 100-248, eff. 8-22-17; revised 10-10-17.)
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