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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6844
Introduced 02/09/04, by Kenneth Dunkin SYNOPSIS AS INTRODUCED: |
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15 ILCS 335/5 |
from Ch. 124, par. 25 |
15 ILCS 335/6 |
from Ch. 124, par. 26 |
15 ILCS 335/7 |
from Ch. 124, par. 27 |
625 ILCS 5/1-159.2 |
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625 ILCS 5/6-106.1 |
from Ch. 95 1/2, par. 6-106.1 |
625 ILCS 5/6-110 |
from Ch. 95 1/2, par. 6-110 |
625 ILCS 5/6-114 |
from Ch. 95 1/2, par. 6-114 |
625 ILCS 5/6-116 |
from Ch. 95 1/2, par. 6-116 |
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Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Provides that a driver's license or permit, school bus driver permit, or State identification card issued by the Secretary of State shall contain the person's current residential address (instead of the person's address). Provides that a person holding a driver's license or permit or a State identification card must notify the Secretary of State within 10 days of any change in the person's residential address (instead of the person's address). Provides that a post office box number is not a sufficient residential address under these provisions. Provides that a person seeking a change of his or her name on a license or permit or identification card must personally appear at a driver services facility and present sufficient documentation to show that his or her name has been legally changed. Effective immediately.
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A BILL FOR
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HB6844 |
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LRB093 20709 DRH 46596 b |
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| AN ACT concerning identification.
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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 Identification Card Act is amended |
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| by changing Sections 5, 6, and 7 and as follows:
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| (15 ILCS 335/5) (from Ch. 124, par. 25)
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| Sec. 5. Applications. Any natural person who is a resident |
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| of the
State of Illinois, may file an application for an |
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| identification card or for
the renewal thereof, in a manner |
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| prescribed by the Secretary. Each original application
shall be |
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| completed by the applicant in full and shall set forth the |
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| name,
current residential address and zip code, social security |
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| number, birth date, sex and a brief
description of the |
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| applicant. The current residential address provided by the |
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| applicant may not be a post office box number. The applicant |
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| shall be photographed and he
shall also submit any other |
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| information as the Secretary may deem necessary
or such |
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| documentation as the Secretary may require to determine the
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| identity of the applicant. An applicant for a disabled persons |
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| card must
also submit with each original or renewal |
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| application, on forms prescribed
by the Secretary, such |
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| documentation as the Secretary may require,
establishing that |
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| the applicant is a "disabled person" as defined in
Section 4A |
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| of this Act, and setting forth the applicant's type and class |
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| of
disability as set forth in Section 4A of this Act.
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| (Source: P.A. 89-569, eff. 1-1-97.)
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| (15 ILCS 335/6) (from Ch. 124, par. 26)
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| Sec. 6. Change of name or residential address. Whenever a |
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| person holding a
card moves, or has a change of name, such |
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| person shall within 10 days,
notify the Secretary of State of |
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| the person's new name or residential address
thereof , in |
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HB6844 |
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LRB093 20709 DRH 46596 b |
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| writing . The person , and he may then obtain
a corrected card if |
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| he or she is seeking a change of residential address only and |
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| has provided an address other than a post office box number. A |
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| post office box number is not a sufficient residential address |
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| under this Section. A person seeking a change of his or her |
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| name may not obtain a corrected card unless he or she |
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| personally appears at a driver services facility and presents |
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| sufficient documentation to show that his or her name has been |
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| legally changed .
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| (Source: P.A. 79-1161.)
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| (15 ILCS 335/7) (from Ch. 124, par. 27)
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| Sec. 7. Duplicate and corrected cards. In the event an |
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| identification
card is lost or destroyed, or if there is a |
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| change of name or current residential address, or
a change in |
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| the type or class of disability of a holder of a disabled |
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| person card, the
person named on the card may apply for a |
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| duplicate or substitute card, or for a
corrected card. Any |
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| application for a corrected card shall be accompanied by
the |
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| original card being corrected. A post office box number is not |
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| a sufficient residential address under this Section.
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| (Source: P.A. 83-1421.)
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| Section 10. The Illinois Vehicle Code is amended by |
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| changing Sections 1-159.2, 6-106.1, 6-110, 6-114, and 6-116 as |
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| follows:
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| (625 ILCS 5/1-159.2)
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| Sec. 1-159.2. Personally identifying information. |
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| Information that
identifies an individual, including his or her |
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| photograph, social security
number, driver identification |
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| number, name, current residential address (but not the 5 digit |
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| zip
code), telephone number, and medical or disability |
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| information, but "personally
identifying information" does not |
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| include information on vehicular accidents,
driving |
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| violations, and driver's status. A post office box number is |
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HB6844 |
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LRB093 20709 DRH 46596 b |
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| not a sufficient residential address under this Section.
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| (Source: P.A. 92-32, eff. 7-1-01.)
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| (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
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| Sec. 6-106.1. School bus driver permit.
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| (a) The Secretary of State shall issue a school bus driver
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| permit to those applicants who have met all the requirements of |
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| the
application and screening process under this Section to |
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| insure the
welfare and safety of children who are transported |
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| on school buses
throughout the State of Illinois. Applicants |
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| shall obtain the
proper application required by the Secretary |
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| of State from their
prospective or current employer and submit |
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| the completed
application to the prospective or current |
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| employer along
with the necessary fingerprint submission as |
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| required by the
Department of
State Police to conduct |
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| fingerprint based criminal background
checks on current and |
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| future information available in the state
system and current |
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| information available through the Federal Bureau
of |
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| Investigation's system. Applicants who have completed the
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| fingerprinting requirements shall not be subjected to the
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| fingerprinting process when applying for subsequent permits or
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| submitting proof of successful completion of the annual |
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| refresher
course. Individuals who on the effective date of this |
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| Act possess a valid
school bus driver permit that has been |
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| previously issued by the appropriate
Regional School |
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| Superintendent are not subject to the fingerprinting
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| provisions of this Section as long as the permit remains valid |
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| and does not
lapse. The applicant shall be required to pay all |
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| related
application and fingerprinting fees as established by |
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| rule
including, but not limited to, the amounts established by |
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| the Department of
State Police and the Federal Bureau of |
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| Investigation to process
fingerprint based criminal background |
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| investigations. All fees paid for
fingerprint processing |
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| services under this Section shall be deposited into the
State |
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| Police Services Fund for the cost incurred in processing the |
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| fingerprint
based criminal background investigations. All |
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| other fees paid under this
Section shall be deposited into the |
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| Road
Fund for the purpose of defraying the costs of the |
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| Secretary of State in
administering this Section. All |
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| applicants must:
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| 1. be 21 years of age or older;
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| 2. possess a valid and properly classified driver's |
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| license
issued by the Secretary of State;
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| 3. possess a valid driver's license, which has not been
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| revoked, suspended, or canceled for 3 years immediately |
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| prior to
the date of application, or have not had his or |
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| her commercial motor vehicle
driving privileges
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| disqualified within the 3 years immediately prior to the |
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| date of application;
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| 4. successfully pass a written test, administered by |
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| the
Secretary of State, on school bus operation, school bus |
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| safety, and
special traffic laws relating to school buses |
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| and submit to a review
of the applicant's driving habits by |
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| the Secretary of State at the time the
written test is |
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| given;
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| 5. demonstrate ability to exercise reasonable care in |
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| the operation of
school buses in accordance with rules |
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| promulgated by the Secretary of State;
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| 6. demonstrate physical fitness to operate school |
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| buses by
submitting the results of a medical examination, |
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| including tests for drug
use for each applicant not subject |
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| to such testing pursuant to
federal law, conducted by a |
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| licensed physician, an advanced practice nurse
who has a |
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| written collaborative agreement with
a collaborating |
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| physician which authorizes him or her to perform medical
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| examinations, or a physician assistant who has been |
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| delegated the
performance of medical examinations by his or |
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| her supervising physician
within 90 days of the date
of |
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| application according to standards promulgated by the |
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| Secretary of State;
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| 7. affirm under penalties of perjury that he or she has |
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| not made a
false statement or knowingly concealed a |
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LRB093 20709 DRH 46596 b |
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| material fact
in any application for permit;
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| 8. have completed an initial classroom course, |
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| including first aid
procedures, in school bus driver safety |
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| as promulgated by the Secretary of
State; and after |
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| satisfactory completion of said initial course an annual
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| refresher course; such courses and the agency or |
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| organization conducting such
courses shall be approved by |
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| the Secretary of State; failure to
complete the annual |
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| refresher course, shall result in
cancellation of the |
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| permit until such course is completed;
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| 9. not have been convicted of 2 or more serious traffic |
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| offenses, as
defined by rule, within one year prior to the |
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| date of application that may
endanger the life or safety of |
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| any of the driver's passengers within the
duration of the |
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| permit period;
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| 10. not have been convicted of reckless driving, |
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| driving while
intoxicated, or reckless homicide resulting |
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| from the operation of a motor
vehicle within 3 years of the |
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| date of application;
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| 11. not have been convicted of committing or attempting
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| to commit any
one or more of the following offenses: (i) |
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| those offenses defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, |
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| 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, 10-6, |
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| 10-7, 11-6,
11-9, 11-9.1, 11-14, 11-15, 11-15.1, 11-16, |
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| 11-17, 11-18, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, |
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| 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, 12-4.3, 12-4.4,
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| 12-4.5,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-11,
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| 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, |
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| 12-21.6, 12-33,
18-1,
18-2,
18-3, 18-4, 18-5,
20-1, 20-1.1, |
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| 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 31A-1, 31A-1.1, and
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| 33A-2, and in subsection (a) and subsection (b), clause |
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| (1), of Section
12-4 of the Criminal Code of 1961; (ii) |
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| those offenses defined in the
Cannabis Control Act except |
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| those offenses defined in subsections (a) and
(b) of |
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| Section 4, and subsection (a) of Section 5 of the Cannabis |
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| Control
Act; (iii) those offenses defined in the Illinois |
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HB6844 |
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LRB093 20709 DRH 46596 b |
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| Controlled Substances
Act; (iv) any offense committed or |
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| attempted in any other state or against
the laws of the |
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| United States, which if committed or attempted in this
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| State would be punishable as one or more of the foregoing |
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| offenses; (v)
the offenses defined in Section 4.1 and 5.1 |
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| of the Wrongs to Children Act and
(vi) those offenses |
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| defined in Section 6-16 of the Liquor Control Act of
1934;
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| 12. not have been repeatedly involved as a driver in |
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| motor vehicle
collisions or been repeatedly convicted of |
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| offenses against
laws and ordinances regulating the |
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| movement of traffic, to a degree which
indicates lack of |
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| ability to exercise ordinary and reasonable care in the
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| safe operation of a motor vehicle or disrespect for the |
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| traffic laws and
the safety of other persons upon the |
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| highway;
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| 13. not have, through the unlawful operation of a motor
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| vehicle, caused an accident resulting in the death of any |
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| person; and
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| 14. not have, within the last 5 years, been adjudged to |
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| be
afflicted with or suffering from any mental disability |
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| or disease.
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| (b) A school bus driver permit shall be valid for a period |
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| specified by
the Secretary of State as set forth by rule. It |
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| shall be renewable upon compliance with subsection (a) of this
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| Section.
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| (c) A school bus driver permit shall contain the holder's |
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| driver's
license number, name, current residential address, |
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| zip code, social security number and date
of birth, a brief |
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| description of the holder and a space for signature. The |
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| current residential address contained in the permit may not be |
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| a post office box number. The
Secretary of State may require a |
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| suitable photograph of the holder.
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| (d) The employer shall be responsible for conducting a |
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| pre-employment
interview with prospective school bus driver |
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| candidates, distributing school
bus driver applications and |
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| medical forms to be completed by the applicant, and
submitting |
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LRB093 20709 DRH 46596 b |
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| the applicant's fingerprint cards to the Department of State |
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| Police
that are required for the criminal background |
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| investigations. The employer
shall certify in writing to the |
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| Secretary of State that all pre-employment
conditions have been |
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| successfully completed including the successful completion
of |
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| an Illinois specific criminal background investigation through |
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| the
Department of State Police and the submission of necessary
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| fingerprints to the Federal Bureau of Investigation for |
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| criminal
history information available through the Federal |
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| Bureau of
Investigation system. The applicant shall present the
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| certification to the Secretary of State at the time of |
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| submitting
the school bus driver permit application.
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| (e) Permits shall initially be provisional upon receiving
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| certification from the employer that all pre-employment |
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| conditions
have been successfully completed, and upon |
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| successful completion of
all training and examination |
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| requirements for the classification of
the vehicle to be |
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| operated, the Secretary of State shall
provisionally issue a |
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| School Bus Driver Permit. The permit shall
remain in a |
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| provisional status pending the completion of the
Federal Bureau |
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| of Investigation's criminal background investigation based
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| upon fingerprinting specimens submitted to the Federal Bureau |
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| of
Investigation by the Department of State Police. The Federal |
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| Bureau of
Investigation shall report the findings directly to |
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| the Secretary
of State. The Secretary of State shall remove the |
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| bus driver
permit from provisional status upon the applicant's |
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| successful
completion of the Federal Bureau of Investigation's |
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| criminal
background investigation.
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| (f) A school bus driver permit holder shall notify the
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| employer and the Secretary of State if he or she is convicted |
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| in
another state of an offense that would make him or her |
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| ineligible
for a permit under subsection (a) of this Section. |
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| The
written notification shall be made within 5 days of the |
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| entry of
the conviction. Failure of the permit holder to |
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| provide the
notification is punishable as a petty
offense for a |
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| first violation and a Class B misdemeanor for a
second or |
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| subsequent violation.
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| (g) Cancellation; suspension; notice and procedure.
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| (1) The Secretary of State shall cancel a school bus
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| driver permit of an applicant whose criminal background |
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| investigation
discloses that he or she is not in compliance |
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| with the provisions of subsection
(a) of this Section.
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| (2) The Secretary of State shall cancel a school
bus |
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| driver permit when he or she receives notice that the |
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| permit holder fails
to comply with any provision of this |
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| Section or any rule promulgated for the
administration of |
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| this Section.
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| (3) The Secretary of State shall cancel a school bus
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| driver permit if the permit holder's restricted commercial |
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| or
commercial driving privileges are withdrawn or |
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| otherwise
invalidated.
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| (4) The Secretary of State may not issue a school bus
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| driver permit for a period of 3 years to an applicant who |
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| fails to
obtain a negative result on a drug test as |
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| required in item 6 of
subsection (a) of this Section or |
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| under federal law.
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| (5) The Secretary of State shall forthwith suspend
a |
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| school bus driver permit for a period of 3 years upon |
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| receiving
notice that the holder has failed to obtain a |
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| negative result on a
drug test as required in item 6 of |
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| subsection (a) of this Section
or under federal law.
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| The Secretary of State shall notify the State |
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| Superintendent
of Education and the permit holder's |
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| prospective or current
employer that the applicant has (1) has |
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| failed a criminal
background investigation or (2) is no
longer |
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| eligible for a school bus driver permit; and of the related
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| cancellation of the applicant's provisional school bus driver |
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| permit. The
cancellation shall remain in effect pending the |
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| outcome of a
hearing pursuant to Section 2-118 of this Code. |
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| The scope of the
hearing shall be limited to the issuance |
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| criteria contained in
subsection (a) of this Section. A |
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| petition requesting a
hearing shall be submitted to the |
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| Secretary of State and shall
contain the reason the individual |
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| feels he or she is entitled to a
school bus driver permit. The |
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| permit holder's
employer shall notify in writing to the |
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| Secretary of State
that the employer has certified the removal |
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| of the offending school
bus driver from service prior to the |
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| start of that school bus
driver's next workshift. An employing |
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| school board that fails to
remove the offending school bus |
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| driver from service is
subject to the penalties defined in |
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| Section 3-14.23 of the School Code. A
school bus
contractor who |
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| violates a provision of this Section is
subject to the |
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| penalties defined in Section 6-106.11.
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| All valid school bus driver permits issued under this |
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| Section
prior to January 1, 1995, shall remain effective until |
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| their
expiration date unless otherwise invalidated.
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| (Source: P.A. 91-500, eff. 8-13-99; 92-703, eff. 7-19-02.)
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| (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
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| Sec. 6-110. Licenses issued to drivers.
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| (a) The Secretary of State shall issue to every qualifying |
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| applicant a
driver's license as applied for, which license |
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| shall bear a
distinguishing
number assigned to the licensee, |
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| the name, social security number, zip
code, date of birth, |
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| current residential address, and a brief description of the |
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| licensee, and
a space where the licensee may write his usual |
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| signature. The current residential address displayed on the |
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| license may not be a post office box number.
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| If the licensee is less than 17 years of age, the license |
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| shall, as a
matter of law, be invalid for the operation of any |
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| motor vehicle during
any time the licensee is prohibited from |
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| being on any street or highway
under the provisions of the |
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| Child Curfew Act.
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| Licenses issued shall also indicate the classification and
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| the restrictions under Section 6-104 of this Code.
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| In lieu of the social security number, the Secretary may in |
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| his
discretion substitute a federal tax number or other |
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| distinctive number.
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| A driver's license issued may, in the discretion of the |
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| Secretary,
include a suitable photograph of a type prescribed |
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| by the Secretary.
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| (b) The Secretary of State shall provide a format on the |
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| reverse of
each driver's license issued which the licensee may |
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| use to execute a document
of gift conforming to the provisions |
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| of the Uniform Anatomical Gift Act.
The format shall allow the |
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| licensee to indicate the gift intended, whether
specific |
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| organs, any organ, or the entire body, and shall accommodate |
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| the
signatures of the donor and 2 witnesses. The Secretary |
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| shall also inform
each applicant or licensee of this format, |
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| describe the procedure for its
execution, and may offer the |
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| necessary witnesses; provided that in so doing,
the Secretary |
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| shall advise the applicant or licensee that he or she is
under |
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| no compulsion to execute a document of gift. A brochure
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| explaining this method of executing an anatomical gift document |
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| shall be given
to each applicant or licensee. The brochure |
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| shall advise the applicant or
licensee that he or she is under |
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| no compulsion to execute a document of
gift, and that he or she |
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| may wish to consult with family, friends or clergy
before doing |
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| so. The Secretary of State may undertake additional efforts,
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| including education and awareness activities, to promote organ |
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| and tissue
donation.
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| (c) The Secretary of State shall designate on each driver's |
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| license issued
a space where the licensee may place a sticker |
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| or decal of the uniform
size as the Secretary may specify, |
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| which sticker or decal may indicate in
appropriate language |
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| that the owner of the license carries an Emergency
Medical |
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| Information Card.
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| The sticker may be provided by any person, hospital, |
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| school,
medical group, or association interested in assisting |
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| in implementing
the Emergency Medical Information Card, but |
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| shall meet the specifications
as the Secretary may by rule or |
34 |
| regulation require.
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| (d) The Secretary of State shall designate on each driver's |
36 |
| license issued
a space where the licensee may indicate his |
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| blood type and RH factor.
|
2 |
| (e) The Secretary of State shall provide
that each original |
3 |
| or renewal driver's license issued to a licensee under
21 years |
4 |
| of age shall be of a distinct nature from those driver's |
5 |
| licenses
issued to individuals 21 years of age and older. The |
6 |
| color designated for
driver's licenses for licensees under 21 |
7 |
| years of age shall be at the
discretion of the Secretary of |
8 |
| State.
|
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| (e-1) The Secretary shall provide that each driver's |
10 |
| license issued to a
person under the age of 21 displays the |
11 |
| date upon which the person becomes 18
years of age and the date |
12 |
| upon which the person becomes 21 years of age.
|
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| (f) The Secretary of State shall inform all Illinois |
14 |
| licensed
commercial motor vehicle operators of the |
15 |
| requirements of the Uniform
Commercial Driver License Act, |
16 |
| Article V of this Chapter, and shall make
provisions to insure |
17 |
| that all drivers, seeking to obtain a commercial
driver's |
18 |
| license, be afforded an opportunity prior to April 1, 1992, to
|
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| obtain the license. The Secretary is authorized to extend
|
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| driver's license expiration dates, and assign specific times, |
21 |
| dates and
locations where these commercial driver's tests shall |
22 |
| be conducted. Any
applicant, regardless of the current |
23 |
| expiration date of the applicant's
driver's license, may be |
24 |
| subject to any assignment by the Secretary.
Failure to comply |
25 |
| with the Secretary's assignment may result in the
applicant's |
26 |
| forfeiture of an opportunity to receive a commercial driver's
|
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| license prior to April 1, 1992.
|
28 |
| (g) The Secretary of State shall designate on a
driver's |
29 |
| license issued, a space where the licensee may indicate that he |
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| or
she has drafted a living will in accordance with the |
31 |
| Illinois Living Will
Act or a durable power of attorney for |
32 |
| health care in accordance with the
Illinois Power of Attorney |
33 |
| Act.
|
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| (g-1) The Secretary of State, in his or her discretion, may |
35 |
| designate on
each driver's license issued a space where the |
36 |
| licensee may place a sticker or
decal, issued by the Secretary |
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| of State, of uniform size as the Secretary may
specify, that |
2 |
| shall indicate in appropriate language that the owner of the
|
3 |
| license has renewed his or her driver's license.
|
4 |
| (h) A person who acts in good faith in accordance with the |
5 |
| terms of
this Section is not liable for damages in any civil |
6 |
| action or subject to
prosecution in any criminal proceeding for |
7 |
| his or her act.
|
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| (Source: P.A. 91-357, eff. 7-29-99; 92-689, eff. 1-1-03.)
|
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| (625 ILCS 5/6-114) (from Ch. 95 1/2, par. 6-114)
|
10 |
| Sec. 6-114. Duplicate and Corrected Licenses and Permits.
|
11 |
| (a) In the event that a drivers license or permit issued |
12 |
| under the
provisions of this Act is lost or destroyed, the |
13 |
| person to whom the same
was issued may upon application and |
14 |
| payment of the required fee obtain a
duplicate or substitute |
15 |
| thereof, upon furnishing evidence satisfactory to
the |
16 |
| Secretary of State that such permit or license has been lost or
|
17 |
| destroyed and if such applicant is not then ineligible under |
18 |
| Section 6-103
of this Act. Subject to subsection (b), any |
19 |
| person to whom has been issued a drivers license or permit
|
20 |
| under the provisions of this Act and who desires to obtain a |
21 |
| corrected
permit or license to indicate a change of name or |
22 |
| current residential address or to correct a
statement appearing |
23 |
| upon the original permit or license may upon
application and |
24 |
| payment of the required fee obtain a corrected permit or
|
25 |
| license. A post office box number is not a sufficient |
26 |
| residential address under this Section. The original permit or |
27 |
| license must accompany the application for
correction or |
28 |
| evidence must be furnished satisfactory to the Secretary of
|
29 |
| State that such permit or license has been lost or destroyed.
|
30 |
| (b) A person who seeks a change of his or her name must |
31 |
| personally appear at a driver services facility and present |
32 |
| sufficient documentation to show that his or her name has been |
33 |
| legally changed.
|
34 |
| (Source: P.A. 76-1586.)
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| (625 ILCS 5/6-116) (from Ch. 95 1/2, par. 6-116)
|
2 |
| Sec. 6-116. Notice of Change of Address or Name.
Whenever |
3 |
| any person after applying for or receiving a drivers license or
|
4 |
| permit moves from the residential address named in such |
5 |
| application or on the license
or permit issued to him or when |
6 |
| the name of a licensee or permittee is
changed by marriage or |
7 |
| otherwise such person shall within 10 days
thereafter notify |
8 |
| the Drivers Services Department of the Secretary of State's
|
9 |
| Office in writing of his old and current residential
new
|
10 |
| addresses or of such former and new names and of the number of |
11 |
| any license
or permit then held by him. A post office box |
12 |
| number is not a sufficient residential address under this |
13 |
| Section. Such person may obtain a corrected license or
permit |
14 |
| as provided in Section 6-114.
|
15 |
| (Source: P.A. 79-1141.)
|
16 |
| Section 99. Effective date. This Act takes effect upon |
17 |
| becoming law.
|