Bill Text: IL SB2855 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Illinois Vehicle Code. Repeals a provision that disallows any persons, as a driver, who is 69 years of age or older, from obtaining a driver's license or permit. Removes language providing that examination of an applicant 75 years of age or older for a driver's license or permit shall include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control of the operation of a motor vehicle. Repeals a provision that requires the Secretary of State to provide that each original or renewal driver's license issued to a licensee 81 years of age through age 86 shall expire 2 years from the date of issuance, or at such later date as the Secretary may by rule and regulation designate, not to exceed an additional 12 calendar months. Repeals a provision that requires the Secretary to provide that each original or renewal driver's license issued to a licensee 87 years of age or older shall expire 12 months from the date of issuance, or at such later date as the Secretary may by rule and regulation designate, not to exceed an additional 12 calendar months. Amends the Secretary of State Act. Repeals a Section requiring the study on age-related changes that affect driving abilities. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-19 - Referred to Assignments [SB2855 Detail]

Download: Illinois-2023-SB2855-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2855 Introduced 1/19/2024, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED:
625 ILCS 5/6-103 from Ch. 95 1/2, par. 6-103
625 ILCS 5/6-109
625 ILCS 5/6-115 from Ch. 95 1/2, par. 6-115
15 ILCS 305/37 rep.
Amends the Illinois Vehicle Code. Repeals a provision that disallows any persons, as a driver, who is 69 years of age or older, from obtaining a driver's license or permit. Removes language providing that examination of an applicant 75 years of age or older for a driver's license or permit shall include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control of the operation of a motor vehicle. Repeals a provision that requires the Secretary of State to provide that each original or renewal driver's license issued to a licensee 81 years of age through age 86 shall expire 2 years from the date of issuance, or at such later date as the Secretary may by rule and regulation designate, not to exceed an additional 12 calendar months. Repeals a provision that requires the Secretary to provide that each original or renewal driver's license issued to a licensee 87 years of age or older shall expire 12 months from the date of issuance, or at such later date as the Secretary may by rule and regulation designate, not to exceed an additional 12 calendar months. Amends the Secretary of State Act. Repeals a Section requiring the study on age-related changes that affect driving abilities. Effective immediately.
LRB103 36049 MXP 66136 b
A BILL FOR
SB2855 LRB103 36049 MXP 66136 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 6-103, 6-109, and 6-115 as follows:
(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
Sec. 6-103. What persons shall not be licensed as drivers
or granted permits. The Secretary of State shall not issue,
renew, or allow the retention of any driver's license nor
issue any permit under this Code:
1. To any person, as a driver, who is under the age of
18 years except as provided in Section 6-107, and except
that an instruction permit may be issued under Section
6-107.1 to a child who is not less than 15 years of age if
the child is enrolled in an approved driver education
course as defined in Section 1-103 of this Code and
requires an instruction permit to participate therein,
except that an instruction permit may be issued under the
provisions of Section 6-107.1 to a child who is 17 years
and 3 months of age without the child having enrolled in an
approved driver education course and except that an
instruction permit may be issued to a child who is at least
15 years and 3 months of age, is enrolled in school, meets

SB2855 - 2 - LRB103 36049 MXP 66136 b
the educational requirements of the Driver Education Act,
and has passed examinations the Secretary of State in his
or her discretion may prescribe;
1.5. To any person at least 18 years of age but less
than 21 years of age unless the person has, in addition to
any other requirements of this Code, successfully
completed an adult driver education course as provided in
Section 6-107.5 of this Code;
2. To any person who is under the age of 18 as an
operator of a motorcycle other than a motor driven cycle
unless the person has, in addition to meeting the
provisions of Section 6-107 of this Code, successfully
completed a motorcycle training course approved by the
Illinois Department of Transportation;
3. To any person, as a driver, whose driver's license
or permit has been suspended, during the suspension, nor
to any person whose driver's license or permit has been
revoked, except as provided in Sections 6-205, 6-206, and
6-208;
4. To any person, as a driver, who is a user of alcohol
or any other drug to a degree that renders the person
incapable of safely driving a motor vehicle;
5. To any person, as a driver, who has previously been
adjudged to be afflicted with or suffering from any mental
or physical disability or disease and who has not at the
time of application been restored to competency by the

SB2855 - 3 - LRB103 36049 MXP 66136 b
methods provided by law;
6. To any person, as a driver, who is required by the
Secretary of State to submit an alcohol and drug
evaluation or take an examination provided for in this
Code unless the person has successfully passed the
examination and submitted any required evaluation;
7. To any person who is required under the provisions
of the laws of this State to deposit security or proof of
financial responsibility and who has not deposited the
security or proof;
8. To any person when the Secretary of State has good
cause to believe that the person by reason of physical or
mental disability would not be able to safely operate a
motor vehicle upon the highways, unless the person shall
furnish to the Secretary of State a verified written
statement, acceptable to the Secretary of State, from a
competent medical specialist, a licensed physician
assistant, or a licensed advanced practice registered
nurse, to the effect that the operation of a motor vehicle
by the person would not be inimical to the public safety;
9. (Blank) To any person, as a driver, who is 69 years
of age or older, unless the person has successfully
complied with the provisions of Section 6-109;
10. To any person convicted, within 12 months of
application for a license, of any of the sexual offenses
enumerated in paragraph 2 of subsection (b) of Section

SB2855 - 4 - LRB103 36049 MXP 66136 b
6-205;
11. To any person who is under the age of 21 years with
a classification prohibited in paragraph (b) of Section
6-104 and to any person who is under the age of 18 years
with a classification prohibited in paragraph (c) of
Section 6-104;
12. To any person who has been either convicted of or
adjudicated under the Juvenile Court Act of 1987 based
upon a violation of the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act while that person was in
actual physical control of a motor vehicle. For purposes
of this Section, any person placed on probation under
Section 10 of the Cannabis Control Act, Section 410 of the
Illinois Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act shall
not be considered convicted. Any person found guilty of
this offense, while in actual physical control of a motor
vehicle, shall have an entry made in the court record by
the judge that this offense did occur while the person was
in actual physical control of a motor vehicle and order
the clerk of the court to report the violation to the
Secretary of State as such. The Secretary of State shall
not issue a new license or permit for a period of one year;
13. To any person who is under the age of 18 years and
who has committed the offense of operating a motor vehicle

SB2855 - 5 - LRB103 36049 MXP 66136 b
without a valid license or permit in violation of Section
6-101 or a similar out-of-state out of state offense;
14. To any person who is 90 days or more delinquent in
court ordered child support payments or has been
adjudicated in arrears in an amount equal to 90 days'
obligation or more and who has been found in contempt of
court for failure to pay the support, subject to the
requirements and procedures of Article VII of Chapter 7 of
the Illinois Vehicle Code;
14.5. To any person certified by the Illinois
Department of Healthcare and Family Services as being 90
days or more delinquent in payment of support under an
order of support entered by a court or administrative body
of this or any other State, subject to the requirements
and procedures of Article VII of Chapter 7 of this Code
regarding those certifications;
15. To any person released from a term of imprisonment
for violating Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, or a similar provision of a law
of another state relating to reckless homicide or for
violating subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of this Code relating to aggravated
driving under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any
combination thereof, if the violation was the proximate
cause of a death, within 24 months of release from a term

SB2855 - 6 - LRB103 36049 MXP 66136 b
of imprisonment;
16. To any person who, with intent to influence any
act related to the issuance of any driver's license or
permit, by an employee of the Secretary of State's Office,
or the owner or employee of any commercial driver training
school licensed by the Secretary of State, or any other
individual authorized by the laws of this State to give
driving instructions or administer all or part of a
driver's license examination, promises or tenders to that
person any property or personal advantage which that
person is not authorized by law to accept. Any persons
promising or tendering such property or personal advantage
shall be disqualified from holding any class of driver's
license or permit for 120 consecutive days. The Secretary
of State shall establish by rule the procedures for
implementing this period of disqualification and the
procedures by which persons so disqualified may obtain
administrative review of the decision to disqualify;
17. To any person for whom the Secretary of State
cannot verify the accuracy of any information or
documentation submitted in application for a driver's
license;
18. To any person who has been adjudicated under the
Juvenile Court Act of 1987 based upon an offense that is
determined by the court to have been committed in
furtherance of the criminal activities of an organized

SB2855 - 7 - LRB103 36049 MXP 66136 b
gang, as provided in Section 5-710 of that Act, and that
involved the operation or use of a motor vehicle or the use
of a driver's license or permit. The person shall be
denied a license or permit for the period determined by
the court; or
19. To any person who holds a REAL ID compliant
identification card or REAL ID compliant Person with a
Disability Identification Card issued under the Illinois
Identification Card Act. Any such person may, at his or
her discretion, surrender the REAL ID compliant
identification card or REAL ID compliant Person with a
Disability Identification Card in order to become eligible
to obtain a REAL ID compliant driver's license.
The Secretary of State shall retain all conviction
information, if the information is required to be held
confidential under the Juvenile Court Act of 1987.
(Source: P.A. 103-162, eff. 1-1-24; revised 1-2-24.)
(625 ILCS 5/6-109)
Sec. 6-109. Examination of applicants.
(a) The Secretary of State shall examine every applicant
for a driver's license or permit who has not been previously
licensed as a driver under the laws of this State or any other
state or country, or any applicant for renewal of such
driver's license or permit when such license or permit has
been expired for more than one year. The Secretary of State

SB2855 - 8 - LRB103 36049 MXP 66136 b
shall, subject to the provisions of paragraph (c), examine
every licensed driver at least every 8 years, and may examine
or re-examine any other applicant or licensed driver, provided
that during the years 1984 through 1991 those drivers issued a
license for 3 years may be re-examined not less than every 7
years or more than every 10 years.
The Secretary of State shall require the testing of the
eyesight of any driver's license or permit applicant who has
not been previously licensed as a driver under the laws of this
State and shall promulgate rules and regulations to provide
for the orderly administration of all the provisions of this
Section.
The Secretary of State shall include at least one test
question that concerns the provisions of the Pedestrians with
Disabilities Safety Act in the question pool used for the
written portion of the driver's license examination within one
year after July 22, 2010 (the effective date of Public Act
96-1167).
The Secretary of State shall include, in the question pool
used for the written portion of the driver's license
examination, test questions concerning safe driving in the
presence of bicycles, of which one may be concerning the Dutch
Reach method as described in Section 2-112.
The Secretary of State shall include, in the question pool
used for the written portion of the driver's license
examination, at least one test question concerning driver

SB2855 - 9 - LRB103 36049 MXP 66136 b
responsibilities when approaching a stationary emergency
vehicle as described in Section 11-907.
(b) Except as provided for those applicants in paragraph
(c), such examination shall include a test of the applicant's
eyesight, his or her ability to read and understand official
traffic control devices, his or her knowledge of safe driving
practices and the traffic laws of this State, and may include
an actual demonstration of the applicant's ability to exercise
ordinary and reasonable control of the operation of a motor
vehicle, and such further physical and mental examination as
the Secretary of State finds necessary to determine the
applicant's fitness to operate a motor vehicle safely on the
highways, except the examination of an applicant 75 years of
age or older or, if the Secretary adopts rules under Section 37
of the Secretary of State Act to raise the age requirement for
actual demonstrations, the examination of an applicant who has
attained that increased age or is older shall include an
actual demonstration of the applicant's ability to exercise
ordinary and reasonable control of the operation of a motor
vehicle. All portions of written and verbal examinations under
this Section, excepting where the English language appears on
facsimiles of road signs, may be given in the Spanish language
and, at the discretion of the Secretary of State, in any other
language as well as in English upon request of the examinee.
Deaf persons who are otherwise qualified are not prohibited
from being issued a license, other than a commercial driver's

SB2855 - 10 - LRB103 36049 MXP 66136 b
license, under this Code.
(c) Re-examination for those applicants who at the time of
renewing their driver's license possess a driving record
devoid of any convictions of traffic violations or evidence of
committing an offense for which mandatory revocation would be
required upon conviction pursuant to Section 6-205 at the time
of renewal shall be in a manner prescribed by the Secretary in
order to determine an applicant's ability to safely operate a
motor vehicle, except that every applicant for the renewal of
a driver's license who is 75 years of age or older or, if the
Secretary adopts rules under Section 37 of the Secretary of
State Act to raise the age requirement for actual
demonstrations, every applicant for the renewal of a driver's
license who has attained that increased age or is older must
prove, by an actual demonstration, the applicant's ability to
exercise reasonable care in the safe operation of a motor
vehicle.
(d) In the event the applicant is not ineligible under the
provisions of Section 6-103 to receive a driver's license, the
Secretary of State shall make provision for giving an
examination, either in the county where the applicant resides
or at a place adjacent thereto reasonably convenient to the
applicant, within not more than 30 days from the date said
application is received.
(e) The Secretary of State may adopt rules regarding the
use of foreign language interpreters during the application

SB2855 - 11 - LRB103 36049 MXP 66136 b
and examination process.
(Source: P.A. 103-140, eff. 6-30-23.)
(625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
Sec. 6-115. Expiration of driver's license.
(a) Except as provided elsewhere in this Section, every
driver's license issued under the provisions of this Code
shall expire 4 years from the date of its issuance, or at such
later date, as the Secretary of State may by proper rule and
regulation designate, not to exceed 12 calendar months; in the
event that an applicant for renewal of a driver's license
fails to apply prior to the expiration date of the previous
driver's license, the renewal driver's license shall expire 4
years from the expiration date of the previous driver's
license, or at such later date as the Secretary of State may by
proper rule and regulation designate, not to exceed 12
calendar months.
The Secretary of State may, however, issue to a person not
previously licensed as a driver in Illinois a driver's license
which will expire not less than 4 years nor more than 5 years
from date of issuance, except as provided elsewhere in this
Section.
(a-5) Every driver's license issued under this Code to an
applicant who is not a United States citizen or permanent
resident, or an individual who has an approved application for
asylum in the United States or has entered the United States in

SB2855 - 12 - LRB103 36049 MXP 66136 b
refugee status, shall expire on whichever is the earlier date
of the following:
(1) as provided under subsection (a), (f), (g), or (i)
of this Section;
(2) on the date the applicant's authorized stay in the
United States terminates; or
(3) if the applicant's authorized stay is indefinite
and the applicant is applying for a Limited Term REAL ID
compliant driver's license, one year from the date of
issuance of the license.
(a-10) Every REAL ID compliant driver's license issued
under this Code to an applicant who is not a United States
citizen or permanent resident, or an individual who has an
approved application for asylum in the United States or has
entered the United States in refugee status, shall be marked
"Limited Term".
(b) Before the expiration of a driver's license, except
those licenses expiring on the individual's 21st birthday, or
3 months after the individual's 21st birthday, the holder
thereof may apply for a renewal thereof, subject to all the
provisions of Section 6-103, and the Secretary of State may
require an examination of the applicant. A licensee whose
driver's license expires on his 21st birthday, or 3 months
after his 21st birthday, may not apply for a renewal of his
driving privileges until he reaches the age of 21.
(c) The Secretary of State shall, 30 days prior to the

SB2855 - 13 - LRB103 36049 MXP 66136 b
expiration of a driver's license, forward to each person whose
license is to expire a notification of the expiration of said
license which may be presented at the time of renewal of said
license.
There may be included with such notification information
explaining the anatomical gift and Emergency Medical
Information Card provisions of Section 6-110. The format and
text of such information shall be prescribed by the Secretary.
There shall be included with such notification, for a
period of 4 years beginning January 1, 2000 information
regarding the Illinois Adoption Registry and Medical
Information Exchange established in Section 18.1 of the
Adoption Act.
(d) The Secretary may defer the expiration of the driver's
license of a licensee, spouse, and dependent children who are
living with such licensee while on active duty, serving in the
Armed Forces of the United States outside of the State of
Illinois, and 120 days thereafter, upon such terms and
conditions as the Secretary may prescribe.
(d-5) The Secretary may defer the expiration of the
driver's license of a licensee, or of a spouse or dependent
children living with the licensee, serving as a civilian
employee of the United States Armed Forces or the United
States Department of Defense, outside of the State of
Illinois, and 120 days thereafter, upon such terms and
conditions as the Secretary may prescribe.

SB2855 - 14 - LRB103 36049 MXP 66136 b
(e) The Secretary of State may decline to process a
renewal of a driver's license of any person who has not paid
any fee or tax due under this Code and is not paid upon
reasonable notice and demand.
(f) The Secretary shall provide that each original or
renewal driver's license issued to a licensee under 21 years
of age shall expire 3 months after the licensee's 21st
birthday. Persons whose current driver's licenses expire on
their 21st birthday on or after January 1, 1986 shall not renew
their driver's license before their 21st birthday, and their
current driver's license will be extended for an additional
term of 3 months beyond their 21st birthday. Thereafter, the
expiration and term of the driver's license shall be governed
by subsection (a) hereof.
(g) (Blank). The Secretary shall provide that each
original or renewal driver's license issued to a licensee 81
years of age through age 86 shall expire 2 years from the date
of issuance, or at such later date as the Secretary may by rule
and regulation designate, not to exceed an additional 12
calendar months. The Secretary shall also provide that each
original or renewal driver's license issued to a licensee 87
years of age or older shall expire 12 months from the date of
issuance, or at such later date as the Secretary may by rule
and regulation designate, not to exceed an additional 12
calendar months.
(h) The Secretary of State shall provide that each special

SB2855 - 15 - LRB103 36049 MXP 66136 b
restricted driver's license issued under subsection (g) of
Section 6-113 of this Code shall expire 12 months from the date
of issuance. The Secretary shall adopt rules defining renewal
requirements.
(i) The Secretary of State shall provide that each
driver's license issued to a person convicted of a sex offense
as defined in Section 2 of the Sex Offender Registration Act
shall expire 12 months from the date of issuance or at such
date as the Secretary may by rule designate, not to exceed an
additional 12 calendar months. The Secretary may adopt rules
defining renewal requirements.
(Source: P.A. 101-185, eff. 1-1-20; 102-659, eff. 1-1-22.)
(15 ILCS 305/37 rep.)
Section 10. The Secretary of State Act is amended by
repealing Section 37.