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

 

SB2855LRB103 36049 MXP 66136 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Sections 6-103, 6-109, and 6-115 as follows:
 
6    (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)
7    Sec. 6-103. What persons shall not be licensed as drivers
8or granted permits. The Secretary of State shall not issue,
9renew, or allow the retention of any driver's license nor
10issue any permit under this Code:
11        1. To any person, as a driver, who is under the age of
12    18 years except as provided in Section 6-107, and except
13    that an instruction permit may be issued under Section
14    6-107.1 to a child who is not less than 15 years of age if
15    the child is enrolled in an approved driver education
16    course as defined in Section 1-103 of this Code and
17    requires an instruction permit to participate therein,
18    except that an instruction permit may be issued under the
19    provisions of Section 6-107.1 to a child who is 17 years
20    and 3 months of age without the child having enrolled in an
21    approved driver education course and except that an
22    instruction permit may be issued to a child who is at least
23    15 years and 3 months of age, is enrolled in school, meets

 

 

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1    the educational requirements of the Driver Education Act,
2    and has passed examinations the Secretary of State in his
3    or her discretion may prescribe;
4        1.5. To any person at least 18 years of age but less
5    than 21 years of age unless the person has, in addition to
6    any other requirements of this Code, successfully
7    completed an adult driver education course as provided in
8    Section 6-107.5 of this Code;
9        2. To any person who is under the age of 18 as an
10    operator of a motorcycle other than a motor driven cycle
11    unless the person has, in addition to meeting the
12    provisions of Section 6-107 of this Code, successfully
13    completed a motorcycle training course approved by the
14    Illinois Department of Transportation;
15        3. To any person, as a driver, whose driver's license
16    or permit has been suspended, during the suspension, nor
17    to any person whose driver's license or permit has been
18    revoked, except as provided in Sections 6-205, 6-206, and
19    6-208;
20        4. To any person, as a driver, who is a user of alcohol
21    or any other drug to a degree that renders the person
22    incapable of safely driving a motor vehicle;
23        5. To any person, as a driver, who has previously been
24    adjudged to be afflicted with or suffering from any mental
25    or physical disability or disease and who has not at the
26    time of application been restored to competency by the

 

 

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

 

 

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1    6-205;
2        11. To any person who is under the age of 21 years with
3    a classification prohibited in paragraph (b) of Section
4    6-104 and to any person who is under the age of 18 years
5    with a classification prohibited in paragraph (c) of
6    Section 6-104;
7        12. To any person who has been either convicted of or
8    adjudicated under the Juvenile Court Act of 1987 based
9    upon a violation of the Cannabis Control Act, the Illinois
10    Controlled Substances Act, or the Methamphetamine Control
11    and Community Protection Act while that person was in
12    actual physical control of a motor vehicle. For purposes
13    of this Section, any person placed on probation under
14    Section 10 of the Cannabis Control Act, Section 410 of the
15    Illinois Controlled Substances Act, or Section 70 of the
16    Methamphetamine Control and Community Protection Act shall
17    not be considered convicted. Any person found guilty of
18    this offense, while in actual physical control of a motor
19    vehicle, shall have an entry made in the court record by
20    the judge that this offense did occur while the person was
21    in actual physical control of a motor vehicle and order
22    the clerk of the court to report the violation to the
23    Secretary of State as such. The Secretary of State shall
24    not issue a new license or permit for a period of one year;
25        13. To any person who is under the age of 18 years and
26    who has committed the offense of operating a motor vehicle

 

 

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1    without a valid license or permit in violation of Section
2    6-101 or a similar out-of-state out of state offense;
3        14. To any person who is 90 days or more delinquent in
4    court ordered child support payments or has been
5    adjudicated in arrears in an amount equal to 90 days'
6    obligation or more and who has been found in contempt of
7    court for failure to pay the support, subject to the
8    requirements and procedures of Article VII of Chapter 7 of
9    the Illinois Vehicle Code;
10        14.5. To any person certified by the Illinois
11    Department of Healthcare and Family Services as being 90
12    days or more delinquent in payment of support under an
13    order of support entered by a court or administrative body
14    of this or any other State, subject to the requirements
15    and procedures of Article VII of Chapter 7 of this Code
16    regarding those certifications;
17        15. To any person released from a term of imprisonment
18    for violating Section 9-3 of the Criminal Code of 1961 or
19    the Criminal Code of 2012, or a similar provision of a law
20    of another state relating to reckless homicide or for
21    violating subparagraph (F) of paragraph (1) of subsection
22    (d) of Section 11-501 of this Code relating to aggravated
23    driving under the influence of alcohol, other drug or
24    drugs, intoxicating compound or compounds, or any
25    combination thereof, if the violation was the proximate
26    cause of a death, within 24 months of release from a term

 

 

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

 

 

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1    gang, as provided in Section 5-710 of that Act, and that
2    involved the operation or use of a motor vehicle or the use
3    of a driver's license or permit. The person shall be
4    denied a license or permit for the period determined by
5    the court; or
6        19. To any person who holds a REAL ID compliant
7    identification card or REAL ID compliant Person with a
8    Disability Identification Card issued under the Illinois
9    Identification Card Act. Any such person may, at his or
10    her discretion, surrender the REAL ID compliant
11    identification card or REAL ID compliant Person with a
12    Disability Identification Card in order to become eligible
13    to obtain a REAL ID compliant driver's license.
14    The Secretary of State shall retain all conviction
15information, if the information is required to be held
16confidential under the Juvenile Court Act of 1987.
17(Source: P.A. 103-162, eff. 1-1-24; revised 1-2-24.)
 
18    (625 ILCS 5/6-109)
19    Sec. 6-109. Examination of applicants.
20    (a) The Secretary of State shall examine every applicant
21for a driver's license or permit who has not been previously
22licensed as a driver under the laws of this State or any other
23state or country, or any applicant for renewal of such
24driver's license or permit when such license or permit has
25been expired for more than one year. The Secretary of State

 

 

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1shall, subject to the provisions of paragraph (c), examine
2every licensed driver at least every 8 years, and may examine
3or re-examine any other applicant or licensed driver, provided
4that during the years 1984 through 1991 those drivers issued a
5license for 3 years may be re-examined not less than every 7
6years or more than every 10 years.
7    The Secretary of State shall require the testing of the
8eyesight of any driver's license or permit applicant who has
9not been previously licensed as a driver under the laws of this
10State and shall promulgate rules and regulations to provide
11for the orderly administration of all the provisions of this
12Section.
13    The Secretary of State shall include at least one test
14question that concerns the provisions of the Pedestrians with
15Disabilities Safety Act in the question pool used for the
16written portion of the driver's license examination within one
17year after July 22, 2010 (the effective date of Public Act
1896-1167).
19    The Secretary of State shall include, in the question pool
20used for the written portion of the driver's license
21examination, test questions concerning safe driving in the
22presence of bicycles, of which one may be concerning the Dutch
23Reach method as described in Section 2-112.
24    The Secretary of State shall include, in the question pool
25used for the written portion of the driver's license
26examination, at least one test question concerning driver

 

 

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1responsibilities when approaching a stationary emergency
2vehicle as described in Section 11-907.
3    (b) Except as provided for those applicants in paragraph
4(c), such examination shall include a test of the applicant's
5eyesight, his or her ability to read and understand official
6traffic control devices, his or her knowledge of safe driving
7practices and the traffic laws of this State, and may include
8an actual demonstration of the applicant's ability to exercise
9ordinary and reasonable control of the operation of a motor
10vehicle, and such further physical and mental examination as
11the Secretary of State finds necessary to determine the
12applicant's fitness to operate a motor vehicle safely on the
13highways, except the examination of an applicant 75 years of
14age or older or, if the Secretary adopts rules under Section 37
15of the Secretary of State Act to raise the age requirement for
16actual demonstrations, the examination of an applicant who has
17attained that increased age or is older shall include an
18actual demonstration of the applicant's ability to exercise
19ordinary and reasonable control of the operation of a motor
20vehicle. All portions of written and verbal examinations under
21this Section, excepting where the English language appears on
22facsimiles of road signs, may be given in the Spanish language
23and, at the discretion of the Secretary of State, in any other
24language as well as in English upon request of the examinee.
25Deaf persons who are otherwise qualified are not prohibited
26from being issued a license, other than a commercial driver's

 

 

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1license, under this Code.
2    (c) Re-examination for those applicants who at the time of
3renewing their driver's license possess a driving record
4devoid of any convictions of traffic violations or evidence of
5committing an offense for which mandatory revocation would be
6required upon conviction pursuant to Section 6-205 at the time
7of renewal shall be in a manner prescribed by the Secretary in
8order to determine an applicant's ability to safely operate a
9motor vehicle, except that every applicant for the renewal of
10a driver's license who is 75 years of age or older or, if the
11Secretary adopts rules under Section 37 of the Secretary of
12State Act to raise the age requirement for actual
13demonstrations, every applicant for the renewal of a driver's
14license who has attained that increased age or is older must
15prove, by an actual demonstration, the applicant's ability to
16exercise reasonable care in the safe operation of a motor
17vehicle.
18    (d) In the event the applicant is not ineligible under the
19provisions of Section 6-103 to receive a driver's license, the
20Secretary of State shall make provision for giving an
21examination, either in the county where the applicant resides
22or at a place adjacent thereto reasonably convenient to the
23applicant, within not more than 30 days from the date said
24application is received.
25    (e) The Secretary of State may adopt rules regarding the
26use of foreign language interpreters during the application

 

 

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1and examination process.
2(Source: P.A. 103-140, eff. 6-30-23.)
 
3    (625 ILCS 5/6-115)  (from Ch. 95 1/2, par. 6-115)
4    Sec. 6-115. Expiration of driver's license.
5    (a) Except as provided elsewhere in this Section, every
6driver's license issued under the provisions of this Code
7shall expire 4 years from the date of its issuance, or at such
8later date, as the Secretary of State may by proper rule and
9regulation designate, not to exceed 12 calendar months; in the
10event that an applicant for renewal of a driver's license
11fails to apply prior to the expiration date of the previous
12driver's license, the renewal driver's license shall expire 4
13years from the expiration date of the previous driver's
14license, or at such later date as the Secretary of State may by
15proper rule and regulation designate, not to exceed 12
16calendar months.
17    The Secretary of State may, however, issue to a person not
18previously licensed as a driver in Illinois a driver's license
19which will expire not less than 4 years nor more than 5 years
20from date of issuance, except as provided elsewhere in this
21Section.
22    (a-5) Every driver's license issued under this Code to an
23applicant who is not a United States citizen or permanent
24resident, or an individual who has an approved application for
25asylum in the United States or has entered the United States in

 

 

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1refugee status, shall expire on whichever is the earlier date
2of the following:
3        (1) as provided under subsection (a), (f), (g), or (i)
4    of this Section;
5        (2) on the date the applicant's authorized stay in the
6    United States terminates; or
7        (3) if the applicant's authorized stay is indefinite
8    and the applicant is applying for a Limited Term REAL ID
9    compliant driver's license, one year from the date of
10    issuance of the license.
11    (a-10) Every REAL ID compliant driver's license issued
12under this Code to an applicant who is not a United States
13citizen or permanent resident, or an individual who has an
14approved application for asylum in the United States or has
15entered the United States in refugee status, shall be marked
16"Limited Term".
17    (b) Before the expiration of a driver's license, except
18those licenses expiring on the individual's 21st birthday, or
193 months after the individual's 21st birthday, the holder
20thereof may apply for a renewal thereof, subject to all the
21provisions of Section 6-103, and the Secretary of State may
22require an examination of the applicant. A licensee whose
23driver's license expires on his 21st birthday, or 3 months
24after his 21st birthday, may not apply for a renewal of his
25driving privileges until he reaches the age of 21.
26    (c) The Secretary of State shall, 30 days prior to the

 

 

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1expiration of a driver's license, forward to each person whose
2license is to expire a notification of the expiration of said
3license which may be presented at the time of renewal of said
4license.
5    There may be included with such notification information
6explaining the anatomical gift and Emergency Medical
7Information Card provisions of Section 6-110. The format and
8text of such information shall be prescribed by the Secretary.
9    There shall be included with such notification, for a
10period of 4 years beginning January 1, 2000 information
11regarding the Illinois Adoption Registry and Medical
12Information Exchange established in Section 18.1 of the
13Adoption Act.
14    (d) The Secretary may defer the expiration of the driver's
15license of a licensee, spouse, and dependent children who are
16living with such licensee while on active duty, serving in the
17Armed Forces of the United States outside of the State of
18Illinois, and 120 days thereafter, upon such terms and
19conditions as the Secretary may prescribe.
20    (d-5) The Secretary may defer the expiration of the
21driver's license of a licensee, or of a spouse or dependent
22children living with the licensee, serving as a civilian
23employee of the United States Armed Forces or the United
24States Department of Defense, outside of the State of
25Illinois, and 120 days thereafter, upon such terms and
26conditions as the Secretary may prescribe.

 

 

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1    (e) The Secretary of State may decline to process a
2renewal of a driver's license of any person who has not paid
3any fee or tax due under this Code and is not paid upon
4reasonable notice and demand.
5    (f) The Secretary shall provide that each original or
6renewal driver's license issued to a licensee under 21 years
7of age shall expire 3 months after the licensee's 21st
8birthday. Persons whose current driver's licenses expire on
9their 21st birthday on or after January 1, 1986 shall not renew
10their driver's license before their 21st birthday, and their
11current driver's license will be extended for an additional
12term of 3 months beyond their 21st birthday. Thereafter, the
13expiration and term of the driver's license shall be governed
14by subsection (a) hereof.
15    (g) (Blank). The Secretary shall provide that each
16original or renewal driver's license issued to a licensee 81
17years of age through age 86 shall expire 2 years from the date
18of issuance, or at such later date as the Secretary may by rule
19and regulation designate, not to exceed an additional 12
20calendar months. The Secretary shall also provide that each
21original or renewal driver's license issued to a licensee 87
22years of age or older shall expire 12 months from the date of
23issuance, or at such later date as the Secretary may by rule
24and regulation designate, not to exceed an additional 12
25calendar months.
26    (h) The Secretary of State shall provide that each special

 

 

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1restricted driver's license issued under subsection (g) of
2Section 6-113 of this Code shall expire 12 months from the date
3of issuance. The Secretary shall adopt rules defining renewal
4requirements.
5    (i) The Secretary of State shall provide that each
6driver's license issued to a person convicted of a sex offense
7as defined in Section 2 of the Sex Offender Registration Act
8shall expire 12 months from the date of issuance or at such
9date as the Secretary may by rule designate, not to exceed an
10additional 12 calendar months. The Secretary may adopt rules
11defining renewal requirements.
12(Source: P.A. 101-185, eff. 1-1-20; 102-659, eff. 1-1-22.)
 
13    (15 ILCS 305/37 rep.)
14    Section 10. The Secretary of State Act is amended by
15repealing Section 37.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.