96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4878


 
Introduced 1/15/2010, by Rep. Roger L. Eddy
 
SYNOPSIS AS INTRODUCED:









  



625 ILCS 5/6-107.1










 Amends the Illinois Vehicle Code. Provides that the Secretary of State may conduct random drug testing of applicants for instruction permits who are under the age of 18. Provides that the Secretary may not issue a permit to an applicant who tested positive for the presence of any controlled substance or cannabis. Provides that a person who tests positive for any controlled substance or cannabis must be found to be free of controlled substances and cannabis before he or she may receive an instruction permit. Provides that the Secretary of State shall adopt rules for implementing the new provision and shall prescribe an additional fee, to be added to the fees charged for the issuance of a first-time driver's license, to cover the cost of the testing.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4878

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1
 AN ACT concerning transportation.


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 changing 
5
Section 6-107.1 as follows:



6
 (625 ILCS 5/6-107.1)


7
 Sec. 6-107.1. Instruction permit for a minor. 

8
 (a) Subject to subsection (d), the The Secretary of State, 
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upon
receiving proper application and payment of the required 
10
fee, may issue an
instruction permit to any person under the 
11
age of 18 years who is
not ineligible for a license under 
12
paragraphs 1, 3, 4, 5, 7, or 8 of Section
6-103, after the 
13
applicant has successfully passed such examination as the

14
Secretary of State in his discretion may prescribe.


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  (1) An instruction permit issued under this Section

16
 shall be valid for a period of 24 months after the date of 
17
 its
issuance and shall be restricted, by the Secretary of 
18
 State, to the operation
of a motor vehicle by the minor 
19
 only when accompanied by the adult instructor
of a driver 
20
 education program during enrollment in the program or when

21
 practicing with a parent,
legal guardian, family member, or 
22
 a person in loco parentis who is 21
years of age or more, 
23
 has a license classification to operate such vehicle
and at 
 


 






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1
 least one year of driving experience, and who is occupying 
2
 a seat beside
the driver.


3
  (2) A 24 month instruction permit for a motor driven 
4
 cycle may be issued
to
a person 16 or 17 years of age and 
5
 entitles the holder to drive upon the
highways during 
6
 daylight under direct supervision of a licensed motor 
7
 driven
cycle operator or motorcycle operator 21 years of 
8
 age or older who has a
license classification to operate 
9
 such motor driven cycle or motorcycle and at
least one year 
10
 of driving experience.


11
  (3) A 24 month instruction permit for a motorcycle 
12
 other than a motor
driven
cycle may be issued to a person 
13
 16 or 17 years of age in accordance with the
provisions of 
14
 paragraph 2 of Section 6-103 and entitles a holder to drive 
15
 upon
the highways during daylight under the direct 
16
 supervision of a licensed
motorcycle operator 21 years of 
17
 age or older who has at least one year of
driving

18
 experience.

19
 (b) An instruction permit issued under this Section when 
20
issued to a person
under the
age of 18 years shall, as a matter 
21
of law, be invalid for the operation of any
motor
vehicle 
22
during the following times:

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  (1) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;

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  (2) Between 11:00 p.m. Saturday and 6:00 a.m. on 
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 Sunday; and
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  (3) Between 10:00 p.m. on Sunday to Thursday, 
 


 






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1
 inclusive, and 6:00 a.m. on the following day.
2
 The instruction permit of a person under the age of 18 
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shall not be invalid as described in paragraph (b) of this 
4
Section if the instruction permit holder under the age of 18 
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was:
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  (1) accompanied by the minor's parent or guardian or 
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 other person in custody or control of the minor;
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  (2) on an errand at the direction of the minor's parent 
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 or guardian, without any detour or stop;
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  (3) in a motor vehicle involved in interstate travel;
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  (4) going to or returning home from an employment 
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 activity, without any detour or stop;
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  (5) involved in an emergency;
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  (6) going to or returning home from, without any detour 
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 or stop, an official school, religious, or other 
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 recreational activity supervised by adults and sponsored 
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 by a government or governmental agency, a civic 
18
 organization, or another similar entity that takes 
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 responsibility for the licensee, without any detour or 
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 stop;
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  (7) exercising First Amendment rights protected by the 
22
 United States Constitution, such as the free exercise of 
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 religion, freedom of speech, and the right of assembly; or
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  (8) married or had been married or is an emancipated 
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 minor under the Emancipation of Minors Act.
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 (b-1) No instruction permit shall be issued to any 
 


 






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applicant who is under the age of 18 years and who has been 
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certified to be a chronic or habitual truant, as defined in 
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Section 26-2a of the School Code.
4
 An applicant under the age of 18 years who provides proof 
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that he or she has resumed regular school attendance or that 
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his or her application was denied in error shall be eligible to 
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receive an instruction permit if other requirements are met. 
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The Secretary shall adopt rules for implementing this 
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subsection (b-1).


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 (c) Any person under the age of 16 years who possesses an 
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instruction permit
and
whose
driving privileges have been 
12
suspended or revoked under the provisions of this
Code shall 
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not be granted a Family Financial Responsibility Driving Permit 
14
or a
Restricted Driving Permit.

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 (d) The Secretary of State may require a random drug test 
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and may not issue an instruction permit to a person under the 
17
age of 18 if the person tested positive for the presence of any 
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controlled substances or cannabis.
19
 A person who has tested positive for controlled substances 
20
or cannabis may be issued an instruction permit if he or she is 
21
tested at a later date and tests negative for any controlled 
22
substances or cannabis.
23
 The Secretary shall adopt rules for implementing this 
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subsection (d). The Secretary shall prescribe a fee, to be 
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added to the fees charged for a license issued to a new driver, 
26
to cover the cost of this testing.

 


 






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1
(Source: P.A. 94-916, eff. 7-1-07; 95-310, eff. 1-1-08.)