Full Text of HB1385 97th General Assembly
HB1385enr 97TH GENERAL ASSEMBLY |
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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 6-106, 6-110, and 6-510 as follows: | 6 | | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
| 7 | | Sec. 6-106. Application for license or instruction permit.
| 8 | | (a) Every application for any permit or license authorized | 9 | | to be issued
under this Act shall be made upon a form furnished | 10 | | by the Secretary of
State. Every application shall be | 11 | | accompanied by the proper fee and payment
of such fee shall | 12 | | entitle the applicant to not more than 3 attempts to pass
the | 13 | | examination within a period of 1 year after the date of | 14 | | application.
| 15 | | (b) Every application shall state the legal name, social | 16 | | security
number, zip
code, date of birth, sex, and residence | 17 | | address of the applicant; briefly
describe the applicant; state | 18 | | whether the applicant has theretofore been
licensed as a | 19 | | driver, and, if so, when and by what state or country, and
| 20 | | whether any such license has ever been cancelled, suspended, | 21 | | revoked or
refused, and, if so, the date and reason for such | 22 | | cancellation, suspension,
revocation or refusal; shall include | 23 | | an affirmation by the applicant that
all information set forth |
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| 1 | | is true and correct; and shall bear the
applicant's signature. | 2 | | In addition to the residence address, the Secretary may allow | 3 | | the applicant to provide a mailing address. The application | 4 | | form may
also require the statement of such additional relevant | 5 | | information as the
Secretary of State shall deem necessary to | 6 | | determine the applicant's
competency and eligibility. The | 7 | | Secretary of State may in his discretion
substitute a federal | 8 | | tax number in lieu of a social security number, or he
may | 9 | | instead assign an additional distinctive number in lieu | 10 | | thereof, where
an applicant is prohibited by bona fide | 11 | | religious convictions from applying
or is exempt from applying | 12 | | for a social security number. The Secretary of
State shall, | 13 | | however, determine which religious orders or sects have such
| 14 | | bona fide religious convictions. The Secretary of State may, in | 15 | | his
discretion, by rule or regulation, provide that an | 16 | | application for a
drivers license or permit may include a | 17 | | suitable photograph of the
applicant in the
form prescribed by | 18 | | the Secretary, and he may further provide that each
drivers | 19 | | license shall include a photograph of the driver. The Secretary | 20 | | of
State may utilize a photograph process or system most | 21 | | suitable to deter
alteration or improper reproduction of a | 22 | | drivers license and to prevent
substitution of another photo | 23 | | thereon.
| 24 | | (c) The application form shall include a notice to the | 25 | | applicant of the
registration obligations of sex offenders | 26 | | under the Sex Offender Registration
Act. The notice shall be |
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| 1 | | provided in a form and manner prescribed by the
Secretary of | 2 | | State. For purposes of this subsection (c), "sex offender" has
| 3 | | the meaning ascribed to it in Section 2 of the Sex Offender | 4 | | Registration Act.
| 5 | | (d) Any male United States citizen or immigrant who applies | 6 | | for any
permit or
license authorized to be issued under this | 7 | | Act or for a renewal of any permit
or
license,
and who is at | 8 | | least 18 years of age but less than 26 years of age, must be
| 9 | | registered in compliance with the requirements of the federal | 10 | | Military
Selective
Service Act.
The Secretary of State must | 11 | | forward in an electronic format the necessary
personal | 12 | | information regarding the applicants identified in this | 13 | | subsection (d)
to
the Selective Service System. The applicant's | 14 | | signature on the application
serves
as an indication that the | 15 | | applicant either has already registered with the
Selective
| 16 | | Service System or that he is authorizing the Secretary to | 17 | | forward to the
Selective
Service System the necessary | 18 | | information for registration. The Secretary must
notify the | 19 | | applicant at the time of application that his signature | 20 | | constitutes
consent to registration with the Selective Service | 21 | | System, if he is not already
registered.
| 22 | | (Source: P.A. 96-1231, eff. 7-23-10.)
| 23 | | (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
| 24 | | Sec. 6-110. Licenses issued to drivers.
| 25 | | (a) The Secretary of State shall issue to every qualifying |
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| 1 | | applicant a
driver's license as applied for, which license | 2 | | shall bear a
distinguishing
number assigned to the licensee, | 3 | | the legal name,
signature, zip
code, date of birth, residence | 4 | | address, and a brief description of the
licensee.
| 5 | | Licenses issued shall also indicate the classification and
| 6 | | the restrictions under Section 6-104 of this Code.
| 7 | | In lieu of the social security number, the Secretary may in | 8 | | his
discretion substitute a federal tax number or other | 9 | | distinctive number.
| 10 | | A driver's license issued may, in the discretion of the | 11 | | Secretary,
include a suitable photograph of a type prescribed | 12 | | by the Secretary.
| 13 | | (a-1) If the licensee is less than 18 years of age, unless | 14 | | one of the exceptions in subsection (a-2) apply, the license | 15 | | shall, as a matter of law, be invalid for the operation of any | 16 | | motor vehicle during the following times: | 17 | | (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | 18 | | (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | 19 | | Sunday; and | 20 | | (C) Between 10:00 p.m. on Sunday to Thursday, | 21 | | inclusive, and 6:00 a.m. on the following day. | 22 | | (a-2) The driver's license of a person under the age of 18 | 23 | | shall not be invalid as described in subsection (a-1) of this | 24 | | Section if the licensee under the age of 18 was: | 25 | | (1) accompanied by the licensee's parent or guardian or | 26 | | other person in custody or control of the minor; |
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| 1 | | (2) on an errand at the direction of the minor's parent | 2 | | or guardian, without any detour or stop; | 3 | | (3) in a motor vehicle involved in interstate travel; | 4 | | (4) going to or returning home from an employment | 5 | | activity, without any detour or stop; | 6 | | (5) involved in an emergency; | 7 | | (6) going to or returning home from, without any detour | 8 | | or stop, an official school, religious, or other | 9 | | recreational activity supervised by adults and sponsored | 10 | | by a government or governmental agency, a civic | 11 | | organization, or another similar entity that takes | 12 | | responsibility for the licensee, without any detour or | 13 | | stop; | 14 | | (7) exercising First Amendment rights protected by the | 15 | | United States Constitution, such as the free exercise of | 16 | | religion, freedom of speech, and the right of assembly; or | 17 | | (8) married or had been married or is an emancipated | 18 | | minor under the Emancipation of Minors Act. | 19 | | (a-2.5) The driver's license of a person who is 17 years of | 20 | | age and has been licensed for at least 12 months is not invalid | 21 | | as described in subsection (a-1) of this Section while the | 22 | | licensee is participating as an assigned driver in a Safe Rides | 23 | | program that meets the following criteria: | 24 | | (1) the program is sponsored by the Boy Scouts of | 25 | | America or another national public service organization; | 26 | | and |
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| 1 | | (2) the sponsoring organization carries liability | 2 | | insurance covering the program. | 3 | | (a-3) If a graduated driver's license holder over the age | 4 | | of 18 committed an offense against traffic regulations | 5 | | governing the movement of vehicles or any violation of Section | 6 | | 6-107 or Section 12-603.1 of this Code in the 6 months prior to | 7 | | the graduated driver's license holder's 18th birthday, and was | 8 | | subsequently convicted of the offense, the provisions of | 9 | | subsection (a-1) shall continue to apply until such time as a | 10 | | period of 6 consecutive months has elapsed without an | 11 | | additional violation and subsequent conviction of an offense | 12 | | against traffic regulations governing the movement of vehicles | 13 | | or Section 6-107 or Section 12-603.1 of this Code.
| 14 | | (a-4) If an applicant for a driver's license or instruction | 15 | | permit has a current identification card issued by the | 16 | | Secretary of State, the Secretary may require the applicant to | 17 | | utilize the same residence address and name on the | 18 | | identification card, driver's license, and instruction permit | 19 | | records maintained by the Secretary. The Secretary may | 20 | | promulgate rules to implement this provision. | 21 | | (b) Until the Secretary of State establishes a First Person | 22 | | Consent organ and tissue donor registry under Section 6-117 of | 23 | | this Code, the Secretary of State shall provide a format on the | 24 | | reverse of
each driver's license issued which the licensee may | 25 | | use to execute a document
of gift conforming to the provisions | 26 | | of the Illinois Anatomical Gift Act.
The format shall allow the |
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| 1 | | licensee to indicate the gift intended, whether
specific | 2 | | organs, any organ, or the entire body, and shall accommodate | 3 | | the
signatures of the donor and 2 witnesses. The Secretary | 4 | | shall also inform
each applicant or licensee of this format, | 5 | | describe the procedure for its
execution, and may offer the | 6 | | necessary witnesses; provided that in so doing,
the Secretary | 7 | | shall advise the applicant or licensee that he or she is
under | 8 | | no compulsion to execute a document of gift. A brochure
| 9 | | explaining this method of executing an anatomical gift document | 10 | | shall be given
to each applicant or licensee. The brochure | 11 | | shall advise the applicant or
licensee that he or she is under | 12 | | no compulsion to execute a document of
gift, and that he or she | 13 | | may wish to consult with family, friends or clergy
before doing | 14 | | so. The Secretary of State may undertake additional efforts,
| 15 | | including education and awareness activities, to promote organ | 16 | | and tissue
donation.
| 17 | | (c) The Secretary of State shall designate on each driver's | 18 | | license issued
a space where the licensee may place a sticker | 19 | | or decal of the uniform
size as the Secretary may specify, | 20 | | which sticker or decal may indicate in
appropriate language | 21 | | that the owner of the license carries an Emergency
Medical | 22 | | Information Card.
| 23 | | The sticker may be provided by any person, hospital, | 24 | | school,
medical group, or association interested in assisting | 25 | | in implementing
the Emergency Medical Information Card, but | 26 | | shall meet the specifications
as the Secretary may by rule or |
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| 1 | | regulation require.
| 2 | | (d) The Secretary of State shall designate on each driver's | 3 | | license issued
a space where the licensee may indicate his | 4 | | blood type and RH factor.
| 5 | | (e) The Secretary of State shall provide
that each original | 6 | | or renewal driver's license issued to a licensee under
21 years | 7 | | of age shall be of a distinct nature from those driver's | 8 | | licenses
issued to individuals 21 years of age and older. The | 9 | | color designated for
driver's licenses for licensees under 21 | 10 | | years of age shall be at the
discretion of the Secretary of | 11 | | State.
| 12 | | (e-1) The Secretary shall provide that each driver's | 13 | | license issued to a
person under the age of 21 displays the | 14 | | date upon which the person becomes 18
years of age and the date | 15 | | upon which the person becomes 21 years of age.
| 16 | | (f) The Secretary of State shall inform all Illinois | 17 | | licensed
commercial motor vehicle operators of the | 18 | | requirements of the Uniform
Commercial Driver License Act, | 19 | | Article V of this Chapter, and shall make
provisions to insure | 20 | | that all drivers, seeking to obtain a commercial
driver's | 21 | | license, be afforded an opportunity prior to April 1, 1992, to
| 22 | | obtain the license. The Secretary is authorized to extend
| 23 | | driver's license expiration dates, and assign specific times, | 24 | | dates and
locations where these commercial driver's tests shall | 25 | | be conducted. Any
applicant, regardless of the current | 26 | | expiration date of the applicant's
driver's license, may be |
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| 1 | | subject to any assignment by the Secretary.
Failure to comply | 2 | | with the Secretary's assignment may result in the
applicant's | 3 | | forfeiture of an opportunity to receive a commercial driver's
| 4 | | license prior to April 1, 1992.
| 5 | | (g) The Secretary of State shall designate on a
driver's | 6 | | license issued, a space where the licensee may indicate that he | 7 | | or
she has drafted a living will in accordance with the | 8 | | Illinois Living Will
Act or a durable power of attorney for | 9 | | health care in accordance with the
Illinois Power of Attorney | 10 | | Act.
| 11 | | (g-1) The Secretary of State, in his or her discretion, may | 12 | | designate on
each driver's license issued a space where the | 13 | | licensee may place a sticker or
decal, issued by the Secretary | 14 | | of State, of uniform size as the Secretary may
specify, that | 15 | | shall indicate in appropriate language that the owner of the
| 16 | | license has renewed his or her driver's license.
| 17 | | (h) A person who acts in good faith in accordance with the | 18 | | terms of
this Section is not liable for damages in any civil | 19 | | action or subject to
prosecution in any criminal proceeding for | 20 | | his or her act.
| 21 | | (Source: P.A. 95-310, eff. 1-1-08; 95-747, eff. 7-22-08; | 22 | | 96-607, eff. 8-24-09; 96-1231, eff. 7-23-10.)
| 23 | | (625 ILCS 5/6-510) (from Ch. 95 1/2, par. 6-510)
| 24 | | Sec. 6-510. Application for Commercial Driver's License | 25 | | (CDL).
The application for a CDL or commercial driver |
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| 1 | | instruction permit,
must include, but not necessarily be | 2 | | limited to, the following:
| 3 | | (1) the full legal name and current Illinois | 4 | | domiciliary address
(unless the
application is for a | 5 | | Non-resident CDL) of the driver applicant;
| 6 | | (2) a physical description of the driver applicant | 7 | | including sex, height,
weight, color of eyes and hair | 8 | | color;
| 9 | | (3) date of birth;
| 10 | | (4) the driver applicant's social security number or | 11 | | other identifying number
acceptable to the Secretary of | 12 | | State ;
| 13 | | (5) the driver applicant's signature;
| 14 | | (6) certifications required by 49 C.F.R. Part 383.71; | 15 | | (6.1) the names of all states where the driver
| 16 | | applicant has previously been licensed to drive any type of | 17 | | motor vehicle during the previous 10 years pursuant to 49 | 18 | | C.F.R. Part 383; and
| 19 | | (7) any other information required by the Secretary of | 20 | | State.
| 21 | | (Source: P.A. 94-307, eff. 9-30-05; 95-382, eff. 8-23-07; | 22 | | 95-876, eff. 8-21-08.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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