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Rep. Robert W. Pritchard
Filed: 2/28/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4692
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| 2 | | AMENDMENT NO. ______. Amend House Bill 4692 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Illinois Vehicle Code is amended by |
| 5 | | changing Section 6-110 as follows:
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| 6 | | (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
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| 7 | | Sec. 6-110. Licenses issued to drivers.
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| 8 | | (a) The Secretary of State shall issue to every qualifying |
| 9 | | applicant a
driver's license as applied for, which license |
| 10 | | shall bear a
distinguishing
number assigned to the licensee, |
| 11 | | the legal name,
signature, zip
code, date of birth, residence |
| 12 | | address, and a brief description of the
licensee.
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| 13 | | Licenses issued shall also indicate the classification and
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| 14 | | the restrictions under Section 6-104 of this Code.
The |
| 15 | | Secretary may adopt rules to establish informational |
| 16 | | restrictions that can be placed on the driver's license |
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| 1 | | regarding specific conditions of the licensee.
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| 2 | | A driver's license issued may, in the discretion of the |
| 3 | | Secretary,
include a suitable photograph of a type prescribed |
| 4 | | by the Secretary.
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| 5 | | (a-1) If the licensee is less than 18 years of age, unless |
| 6 | | one of the exceptions in subsection (a-2) apply, the license |
| 7 | | shall, as a matter of law, be invalid for the operation of any |
| 8 | | motor vehicle during the following times: |
| 9 | | (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; |
| 10 | | (B) Between 11:00 p.m. Saturday and 6:00 a.m. on |
| 11 | | Sunday; and |
| 12 | | (C) Between 10:00 p.m. on Sunday to Thursday, |
| 13 | | inclusive, and 6:00 a.m. on the following day. |
| 14 | | (a-2) The driver's license of a person under the age of 18 |
| 15 | | shall not be invalid as described in subsection (a-1) of this |
| 16 | | Section if the licensee under the age of 18 was: |
| 17 | | (1) accompanied by the licensee's parent or guardian or |
| 18 | | other person in custody or control of the minor; |
| 19 | | (2) on an errand at the direction of the minor's parent |
| 20 | | or guardian, without any detour or stop; |
| 21 | | (3) in a motor vehicle involved in interstate travel; |
| 22 | | (4) going to or returning home from an employment |
| 23 | | activity, without any detour or stop; |
| 24 | | (5) involved in an emergency; |
| 25 | | (6) going to or returning home from, without any detour |
| 26 | | or stop, an official school, religious, or other |
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| 1 | | recreational activity supervised by adults and sponsored |
| 2 | | by a government or governmental agency, a civic |
| 3 | | organization, or another similar entity that takes |
| 4 | | responsibility for the licensee, without any detour or |
| 5 | | stop; |
| 6 | | (7) exercising First Amendment rights protected by the |
| 7 | | United States Constitution, such as the free exercise of |
| 8 | | religion, freedom of speech, and the right of assembly; or |
| 9 | | (8) married or had been married or is an emancipated |
| 10 | | minor under the Emancipation of Minors Act. |
| 11 | | (a-2.5) The driver's license of a person who is 17 years of |
| 12 | | age and has been licensed for at least 12 months is not invalid |
| 13 | | as described in subsection (a-1) of this Section while the |
| 14 | | licensee is participating as an assigned driver in a Safe Rides |
| 15 | | program that meets the following criteria: |
| 16 | | (1) the program is sponsored by the Boy Scouts of |
| 17 | | America or another national public service organization; |
| 18 | | and |
| 19 | | (2) the sponsoring organization carries liability |
| 20 | | insurance covering the program. |
| 21 | | (a-3) If a graduated driver's license holder over the age |
| 22 | | of 18 committed an offense against traffic regulations |
| 23 | | governing the movement of vehicles or any violation of Section |
| 24 | | 6-107 or Section 12-603.1 of this Code in the 6 months prior to |
| 25 | | the graduated driver's license holder's 18th birthday, and was |
| 26 | | subsequently convicted of the offense, the provisions of |
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| 1 | | subsection (a-1) shall continue to apply until such time as a |
| 2 | | period of 6 consecutive months has elapsed without an |
| 3 | | additional violation and subsequent conviction of an offense |
| 4 | | against traffic regulations governing the movement of vehicles |
| 5 | | or Section 6-107 or Section 12-603.1 of this Code.
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| 6 | | (a-4) If an applicant for a driver's license or instruction |
| 7 | | permit has a current identification card issued by the |
| 8 | | Secretary of State, the Secretary may require the applicant to |
| 9 | | utilize the same residence address and name on the |
| 10 | | identification card, driver's license, and instruction permit |
| 11 | | records maintained by the Secretary. The Secretary may |
| 12 | | promulgate rules to implement this provision. |
| 13 | | (b) Until the Secretary of State establishes a First Person |
| 14 | | Consent organ and tissue donor registry under Section 6-117 of |
| 15 | | this Code, the Secretary of State shall provide a format on the |
| 16 | | reverse of
each driver's license issued which the licensee may |
| 17 | | use to execute a document
of gift conforming to the provisions |
| 18 | | of the Illinois Anatomical Gift Act.
The format shall allow the |
| 19 | | licensee to indicate the gift intended, whether
specific |
| 20 | | organs, any organ, or the entire body, and shall accommodate |
| 21 | | the
signatures of the donor and 2 witnesses. The Secretary |
| 22 | | shall also inform
each applicant or licensee of this format, |
| 23 | | describe the procedure for its
execution, and may offer the |
| 24 | | necessary witnesses; provided that in so doing,
the Secretary |
| 25 | | shall advise the applicant or licensee that he or she is
under |
| 26 | | no compulsion to execute a document of gift. A brochure
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| 1 | | explaining this method of executing an anatomical gift document |
| 2 | | shall be given
to each applicant or licensee. The brochure |
| 3 | | shall advise the applicant or
licensee that he or she is under |
| 4 | | no compulsion to execute a document of
gift, and that he or she |
| 5 | | may wish to consult with family, friends or clergy
before doing |
| 6 | | so. The Secretary of State may undertake additional efforts,
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| 7 | | including education and awareness activities, to promote organ |
| 8 | | and tissue
donation.
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| 9 | | (c) The Secretary of State shall designate on each driver's |
| 10 | | license issued
a space where the licensee may place a sticker |
| 11 | | or decal of the uniform
size as the Secretary may specify, |
| 12 | | which sticker or decal may indicate in
appropriate language |
| 13 | | that the owner of the license carries an Emergency
Medical |
| 14 | | Information Card.
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| 15 | | The sticker may be provided by any person, hospital, |
| 16 | | school,
medical group, or association interested in assisting |
| 17 | | in implementing
the Emergency Medical Information Card, but |
| 18 | | shall meet the specifications
as the Secretary may by rule or |
| 19 | | regulation require.
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| 20 | | (d) The Secretary of State shall designate on each driver's |
| 21 | | license issued
a space where the licensee may indicate his |
| 22 | | blood type and RH factor.
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| 23 | | (e) The Secretary of State shall provide
that each original |
| 24 | | or renewal driver's license issued to a licensee under
21 years |
| 25 | | of age shall be of a distinct nature from those driver's |
| 26 | | licenses
issued to individuals 21 years of age and older. The |
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| 1 | | color designated for
driver's licenses for licensees under 21 |
| 2 | | years of age shall be at the
discretion of the Secretary of |
| 3 | | State.
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| 4 | | (e-1) The Secretary shall provide that each driver's |
| 5 | | license issued to a
person under the age of 21 displays the |
| 6 | | date upon which the person becomes 18
years of age and the date |
| 7 | | upon which the person becomes 21 years of age.
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| 8 | | (f) The Secretary of State shall inform all Illinois |
| 9 | | licensed
commercial motor vehicle operators of the |
| 10 | | requirements of the Uniform
Commercial Driver License Act, |
| 11 | | Article V of this Chapter, and shall make
provisions to insure |
| 12 | | that all drivers, seeking to obtain a commercial
driver's |
| 13 | | license, be afforded an opportunity prior to April 1, 1992, to
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| 14 | | obtain the license. The Secretary is authorized to extend
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| 15 | | driver's license expiration dates, and assign specific times, |
| 16 | | dates and
locations where these commercial driver's tests shall |
| 17 | | be conducted. Any
applicant, regardless of the current |
| 18 | | expiration date of the applicant's
driver's license, may be |
| 19 | | subject to any assignment by the Secretary.
Failure to comply |
| 20 | | with the Secretary's assignment may result in the
applicant's |
| 21 | | forfeiture of an opportunity to receive a commercial driver's
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| 22 | | license prior to April 1, 1992.
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| 23 | | (g) The Secretary of State shall designate on a
driver's |
| 24 | | license issued, a space where the licensee may indicate that he |
| 25 | | or
she has drafted a living will in accordance with the |
| 26 | | Illinois Living Will
Act or a durable power of attorney for |
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| 1 | | health care in accordance with the
Illinois Power of Attorney |
| 2 | | Act.
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| 3 | | (g-1) The Secretary of State, in his or her discretion, may |
| 4 | | designate on
each driver's license issued a space where the |
| 5 | | licensee may place a sticker or
decal, issued by the Secretary |
| 6 | | of State, of uniform size as the Secretary may
specify, that |
| 7 | | shall indicate in appropriate language that the owner of the
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| 8 | | license has renewed his or her driver's license.
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| 9 | | (h) A person who acts in good faith in accordance with the |
| 10 | | terms of
this Section is not liable for damages in any civil |
| 11 | | action or subject to
prosecution in any criminal proceeding for |
| 12 | | his or her act.
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| 13 | | (Source: P.A. 96-607, eff. 8-24-09; 96-1231, eff. 7-23-10; |
| 14 | | 97-263, eff. 8-5-11.)".
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