93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4456


 
Introduced 02/03/04, by Roger L. Eddy
 
SYNOPSIS AS INTRODUCED:
 		














625 ILCS 5/6-107.1









    Amends the Illinois Vehicle Code. Provides that an applicant for an instruction permit who is under the age of 18 must undergo testing for controlled substances and cannabis  and 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









 














HB4456

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    AN ACT concerning vehicles.

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


 
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    Section 5. The Illinois Vehicle Code is amended  by changing 
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Section 6-107.1 as follows:
 



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    (625 ILCS 5/6-107.1)



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

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

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Secretary of State in his discretion may prescribe.


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        (1) An instruction permit issued under this Section

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

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    practicing with a parent,
legal guardian, family member, or 
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    a person in loco parentis who is 21
years of age or more, 
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    has a license classification to operate such vehicle
and at 
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    least one year of driving experience, and who is occupying 
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    a seat beside
the driver.


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


 









HB4456
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    of driving experience.


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

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    experience.

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    (b) An instruction permit issued under this Section when 
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issued to a person
under the
age of 17 years shall, as a matter 
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of law, be invalid for the operation of any
motor
vehicle 
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during the same time the child is prohibited from being on any 
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street
or highway under the provisions of the Child Curfew Act.

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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 
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suspended or revoked under the provisions of this
Code shall 
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not be granted a Family Financial Responsibility Driving Permit 
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or a
Restricted Driving Permit.
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    (d) The Secretary of State may not issue an instruction 
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permit to a person under the age of 18 if:
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        (1) the person has not submitted to testing for 
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    controlled substances or cannabis; or
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        (2) the person has submitted to the testing and tested 
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    positive for the presence of any controlled substances or 
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    cannabis.
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    A person who has tested positive for controlled substances 
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    or cannabis may be issued an instruction permit if he or she is 
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    tested at a later date and tests negative for any controlled 
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    substances or cannabis.
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    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, 
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    to cover the cost of this testing.


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(Source: P.A. 90-369, eff. 1-1-98.)