Full Text of HB3384 99th General Assembly
HB3384 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3384 Introduced , by Rep. Jerry F. Costello, II SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/3-801 | from Ch. 95 1/2, par. 3-801 | 625 ILCS 5/6-102 | from Ch. 95 1/2, par. 6-102 | 625 ILCS 5/6-115 | from Ch. 95 1/2, par. 6-115 |
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Amends the Illinois Vehicle Code. Allows civilian employees of the United States Armed Services or of the United States Department of Defense, serving outside of the State of Illinois, to secure vehicle registration up to 45 days after returning to this State. Provides that Illinois driver's license requirements shall not apply to civilian employees of the United States Armed Services or of the United States Department of Defense, serving outside of the continental United States, for a period of 120 days following their return to the continental limits of the United States. Allows the Secretary of State to defer the expiration of a driver's license belonging to a civilian employee of the United States Armed Forces or of the United States Department of Defense, serving outside of the State of Illinois, and 120 days thereafter, upon such terms and conditions as the Secretary may prescribe.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 3-801, 6-102, and 6-115 as follows:
| 6 | | (625 ILCS 5/3-801) (from Ch. 95 1/2, par. 3-801)
| 7 | | Sec. 3-801. Registration. (a) Except as provided herein for | 8 | | new residents,
every owner of any vehicle which shall be | 9 | | operated upon the public highways
of this State shall, within | 10 | | 24 hours after becoming the owner or at such
time as such | 11 | | vehicle becomes subject to registration under the provisions
of | 12 | | this Act, file in an office of the Secretary of State, an | 13 | | application
for registration properly completed and executed. | 14 | | New residents need not secure
registration until 30 days after | 15 | | establishing residency in this State,
provided the vehicle is | 16 | | properly registered in another jurisdiction. By the
expiration | 17 | | of such 30 day statutory grace period, a new resident shall
| 18 | | comply with the provisions of this Act and apply for Illinois | 19 | | vehicle
registration. All applications for registration shall | 20 | | be accompanied by all
documentation required under the | 21 | | provisions of this Act. The appropriate
registration fees and | 22 | | taxes provided for in this Article of this Chapter
shall be | 23 | | paid to the Secretary of State with the application for
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| 1 | | registration of vehicles subject to registration under this | 2 | | Act.
| 3 | | (b) Any resident of this State, who has been serving as a | 4 | | member or as a civilian employee of the
United States Armed | 5 | | Services , or as a civilian employee of the United States | 6 | | Department of Defense, outside of the State of Illinois, need | 7 | | not
secure registration until 45 days after returning to this
| 8 | | State, provided the vehicle displays temporary military | 9 | | registration.
| 10 | | (c) When an application is submitted by mail, the applicant | 11 | | may not
submit cash or postage stamps for payment of fees or | 12 | | taxes due. The
Secretary in his discretion, may decline to | 13 | | accept a personal or company
check in payment of fees or taxes. | 14 | | An application submitted to a dealer, or
a remittance made to | 15 | | the Secretary of State shall be deemed in compliance
with this | 16 | | Section.
| 17 | | (Source: P.A. 85-1209.)
| 18 | | (625 ILCS 5/6-102) (from Ch. 95 1/2, par. 6-102)
| 19 | | Sec. 6-102. What persons are exempt. The following persons | 20 | | are exempt
from the requirements of Section 6-101 and are not | 21 | | required to have an
Illinois drivers license or permit if one | 22 | | or more of the following
qualifying exemptions are met and | 23 | | apply:
| 24 | | 1. Any employee of the United States Government or any | 25 | | member of the
Armed Forces of the United States, while |
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| 1 | | operating a motor vehicle owned by
or leased to the United | 2 | | States Government and being operated on official
business | 3 | | need not be licensed;
| 4 | | 2. A nonresident who has in his immediate possession a | 5 | | valid license issued
to him in his home state or country | 6 | | may operate a motor vehicle for which
he is licensed for | 7 | | the period during which he is in this State;
| 8 | | 3. A nonresident and his spouse and children living | 9 | | with him who is a
student at a college or university in | 10 | | Illinois who have a valid license
issued by their home | 11 | | State.
| 12 | | 4. A person operating a road machine temporarily upon a | 13 | | highway or
operating a farm tractor between the home farm | 14 | | buildings and any adjacent
or nearby farm land for the | 15 | | exclusive purpose of conducting farm operations
need not be | 16 | | licensed as a driver.
| 17 | | 5. A resident of this State who has been serving as a | 18 | | member or as a civilian employee of the
Armed Forces of the | 19 | | United States , or as a civilian employee of the United | 20 | | States Department of Defense, outside the Continental | 21 | | limits of the
United States, for a period of 120 days | 22 | | following his return to the
continental limits of the | 23 | | United States.
| 24 | | 6. A nonresident on active duty in the Armed Forces of | 25 | | the United States
who has a valid license issued by his | 26 | | home state and such nonresident's
spouse, and dependent |
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| 1 | | children and living with parents, who have a valid
license | 2 | | issued by their home state.
| 3 | | 7. A nonresident who becomes a resident of this State, | 4 | | may for a period of
the first 90 days of residence in | 5 | | Illinois operate any motor vehicle which
he was qualified | 6 | | or licensed to drive by his home state or country so long
| 7 | | as he has in his possession, a valid and current license | 8 | | issued to him by
his home state or country. Upon expiration | 9 | | of such 90 day period, such new
resident must comply with | 10 | | the provisions of this Act and apply for an
Illinois | 11 | | license or permit.
| 12 | | 8. An engineer, conductor, brakeman, or any other | 13 | | member of the crew
of a locomotive or train being operated | 14 | | upon rails, including operation on
a railroad crossing over | 15 | | a public street, road or highway. Such person is
not | 16 | | required to display a driver's license to any law | 17 | | enforcement officer
in connection with the operation of a | 18 | | locomotive or train within this State.
| 19 | | The provisions of this Section granting exemption to any | 20 | | nonresident
shall be operative to the same extent that the laws | 21 | | of the State or country
of such nonresident grant like | 22 | | exemption to residents of this State.
| 23 | | The Secretary of State may implement the exemption | 24 | | provisions of this
Section by inclusion thereof in a | 25 | | reciprocity agreement, arrangement or
declaration issued | 26 | | pursuant to this Act.
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| 1 | | (Source: P.A. 96-607, eff. 8-24-09; 97-835, eff. 7-20-12.)
| 2 | | (625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
| 3 | | Sec. 6-115. Expiration of driver's license.
| 4 | | (a) Except as provided elsewhere in this Section, every
| 5 | | driver's license issued under the provisions of
this Code shall
| 6 | | expire 4 years from the date of its issuance, or at such later
| 7 | | date, as the Secretary of State may by proper rule and | 8 | | regulation designate,
not to exceed 12 calendar months; in the | 9 | | event
that an applicant for renewal of a driver's license fails
| 10 | | to apply prior to
the expiration date of the previous driver's | 11 | | license, the renewal driver's
license
shall expire 4 years from | 12 | | the expiration date of the previous
driver's license, or at | 13 | | such later date as the Secretary of State may
by proper rule | 14 | | and
regulation designate, not to exceed 12 calendar months.
| 15 | | The Secretary of State may, however, issue to a
person not | 16 | | previously licensed as a driver in Illinois a driver's
license
| 17 | | which will expire not less than 4 years nor more than 5
years | 18 | | from date of
issuance, except as provided elsewhere in this | 19 | | Section.
| 20 | | The Secretary of State is authorized to issue driver's | 21 | | licenses during
the years 1984 through 1987 which shall expire | 22 | | not less than 3 years nor
more than 5 years from the date of | 23 | | issuance, except as provided elsewhere
in this Section, for the | 24 | | purpose of converting
all driver's licenses issued under this | 25 | | Code to a 4 year expiration. Provided
that all original |
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| 1 | | driver's licenses, except as provided elsewhere in
this | 2 | | Section, shall expire not less than 4 years nor more than
5 | 3 | | years from the date of issuance.
| 4 | | (b) Before the expiration of a driver's license, except | 5 | | those
licenses expiring on the individual's 21st birthday, or 3 | 6 | | months after
the individual's 21st birthday, the holder thereof | 7 | | may apply for a renewal
thereof, subject to all the provisions | 8 | | of Section 6-103, and the Secretary
of State may require an | 9 | | examination of the applicant. A licensee
whose driver's license | 10 | | expires on his 21st birthday, or 3 months after
his 21st | 11 | | birthday, may not apply for a renewal of his driving privileges
| 12 | | until he reaches the age of 21.
| 13 | | (c) The Secretary of State shall, 30 days prior to the | 14 | | expiration of a
driver's license, forward to each person whose | 15 | | license
is to expire a
notification of the expiration of said | 16 | | license which may
be presented at the time of renewal of said | 17 | | license.
| 18 | | There may be included with such notification information | 19 | | explaining
the anatomical gift and Emergency Medical | 20 | | Information Card provisions of
Section 6-110. The format and | 21 | | text of such information
shall be prescribed by the Secretary.
| 22 | | There shall be included with such notification,
for a | 23 | | period of 4 years beginning January 1, 2000 information | 24 | | regarding the
Illinois Adoption Registry and Medical | 25 | | Information Exchange established in
Section 18.1 of the | 26 | | Adoption Act.
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| 1 | | (d) The Secretary may defer the expiration of the driver's | 2 | | license
of a licensee, spouse, and dependent children who are | 3 | | living with such licensee
while on active duty, serving in the | 4 | | Armed Forces of the United
States outside of the State of | 5 | | Illinois, and 120 days thereafter, upon such
terms and | 6 | | conditions as the Secretary may prescribe.
| 7 | | (d-5) The Secretary may defer the expiration of the | 8 | | driver's license of a licensee, or of a spouse or dependent | 9 | | children living with the licensee, serving as a civilian | 10 | | employee of the United States Armed Forces or the United States | 11 | | Department of Defense, outside of the State of Illinois, and | 12 | | 120 days thereafter, upon such terms and conditions as the | 13 | | Secretary may prescribe. | 14 | | (e) The Secretary of State may decline to process a renewal | 15 | | of a driver's
license
of any person who has not paid any fee or | 16 | | tax due under this Code and is not
paid upon reasonable notice | 17 | | and demand.
| 18 | | (f) The Secretary shall provide that each original or | 19 | | renewal driver's
license issued to a licensee under 21 years of | 20 | | age shall expire 3 months
after the licensee's 21st birthday. | 21 | | Persons whose current driver's licenses
expire on their 21st | 22 | | birthday on or after January 1, 1986 shall not renew their
| 23 | | driver's license before their 21st birthday, and their current | 24 | | driver's
license will be extended for an additional term of 3 | 25 | | months beyond their
21st birthday. Thereafter, the expiration | 26 | | and term of the driver's license
shall be governed by |
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| 1 | | subsection (a) hereof.
| 2 | | (g) The Secretary shall provide that each original or | 3 | | renewal driver's
license issued to a licensee 81 years of age | 4 | | through age 86 shall expire 2
years from the date of issuance, | 5 | | or at such later date as the Secretary may
by rule and | 6 | | regulation designate, not to exceed an additional 12 calendar
| 7 | | months. The
Secretary shall also provide that each original or | 8 | | renewal driver's license
issued to a licensee 87 years of age | 9 | | or older shall expire 12 months from
the date of issuance, or | 10 | | at such later date as the Secretary may by rule
and regulation | 11 | | designate, not to exceed an additional 12 calendar months.
| 12 | | (h) The Secretary of State shall provide that each special
| 13 | | restricted driver's license issued under subsection (g) of | 14 | | Section
6-113 of this Code shall expire 12 months from the date | 15 | | of
issuance. The Secretary shall adopt rules defining renewal
| 16 | | requirements.
| 17 | | (i) The Secretary of State shall provide that each driver's | 18 | | license issued to a person convicted of a sex offense as | 19 | | defined in Section 2 of the Sex Offender Registration Act shall | 20 | | expire 12 months from the date of issuance or at such date as | 21 | | the Secretary may by rule designate, not to exceed an | 22 | | additional 12 calendar months. The Secretary may adopt rules | 23 | | defining renewal requirements.
| 24 | | (Source: P.A. 97-79, eff. 1-1-12.)
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