Public Act 103-0140
Public Act 0140 103RD GENERAL ASSEMBLY
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Public Act 103-0140
| | HB2091 Enrolled | LRB103 26323 DTM 52684 b |
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| AN ACT concerning State Government.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Secretary of State Act is amended by | changing Section 37 as follows:
| (15 ILCS 305/37) | Sec. 37. Study on age-related changes that affect driving | abilities. By October 1, 2023, the Secretary of State shall | conduct a study on age-related changes in vision, physical | functioning, and the ability to reason and remember, as well | as any other diseases and medications that might affect safe | driving abilities. When conducting the study, the Secretary of | State may utilize data or academic studies conducted by other | sources, including, but not limited to, other states, the | Centers for Disease Control and Prevention, the American | Geriatrics Society, and the National Highway Traffic Safety | Administration. Upon completion of the study, if the study | shows that there is no immediate risk to public safety, the | Secretary of State may adopt administrative rules to raise or | lower the age requirement for actual demonstrations, provided | that the required age shall be no lower than the minimum age | required under subsection (c) of Section 6-109 of the Illinois | Vehicle Code.
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| (Source: P.A. 102-1103, eff. 12-6-22.)
| Section 10. The Illinois Vehicle Code is amended by | changing Section 6-109 as follows:
| (625 ILCS 5/6-109)
| Sec. 6-109. Examination of applicants. | (a) The Secretary of State shall examine every applicant | for a driver's
license or permit who has not been previously | licensed as a driver under the
laws of this State or any other | state or country, or any applicant for renewal
of such | driver's license or permit when such license or permit has | been expired
for more than one year. The Secretary of State | shall, subject to the
provisions of paragraph (c), examine | every licensed driver at least every 8
years, and may examine | or re-examine any other applicant or licensed driver,
provided | that during the years 1984 through 1991 those drivers issued a | license
for 3 years may be re-examined not less than every 7 | years or more than every
10 years. | The Secretary of State shall require the testing of the | eyesight of any
driver's license or permit applicant who has | not been previously licensed
as a driver under the laws of this | State and shall promulgate rules and
regulations to provide | for the orderly administration of all the provisions of
this | Section. | The Secretary of State shall include at least one test |
| question that concerns the provisions of the Pedestrians with | Disabilities Safety Act in the question pool used for the | written portion of the driver's license examination within one | year after July 22, 2010 (the effective date of Public Act | 96-1167). | The Secretary of State shall include, in the question pool | used for the written portion of the driver's license | examination, test questions concerning safe driving in the | presence of bicycles, of which one may be concerning the Dutch | Reach method as described in Section 2-112. | The Secretary of State shall include, in the question pool | used for the written portion of the driver's license | examination, at least one test question concerning driver | responsibilities when approaching a stationary emergency | vehicle as described in Section 11-907. | (b) Except as provided for those applicants in paragraph | (c), such
examination shall include a test of the applicant's
| eyesight, his or her ability to read and understand official | traffic control devices,
his or her knowledge of safe driving | practices and the traffic laws of this State,
and may include | an actual demonstration of the applicant's ability to exercise
| ordinary and reasonable control of the operation of a motor | vehicle, and
such further physical and mental examination as | the Secretary of State finds
necessary to determine the | applicant's fitness to operate a motor vehicle
safely on the | highways, except the examination of an applicant 75 years
of |
| age or older or, if the Secretary adopts rules under Section 37 | of the Secretary of State Act to raise the age requirement for | actual demonstrations, the examination of an applicant who has | attained that increased age or is older shall include an | actual demonstration of the applicant's
ability to exercise | ordinary and reasonable control of the operation of
a motor | vehicle. All portions of written and verbal examinations under
| this Section, excepting where the English language appears on | facsimiles
of road signs, may be given in the Spanish language | and, at the discretion
of the Secretary of State, in any other | language as well as in English upon
request of the examinee. | Deaf persons who are otherwise qualified are not
prohibited | from being issued a license, other than a commercial driver's
| license, under this Code. | (c) Re-examination for those applicants who at the time of | renewing their
driver's license possess a driving record | devoid of any convictions of traffic
violations or evidence of | committing an offense
for which mandatory revocation
would be | required upon conviction pursuant to Section 6-205 at the time
| of renewal shall be in a manner prescribed by the Secretary
in | order to determine an applicant's ability to safely operate a | motor
vehicle,
except that every applicant for the renewal of | a driver's license who is
75 years of age or older or, if the | Secretary adopts rules under Section 37 of the Secretary of | State Act to raise the age requirement for actual | demonstrations, every applicant for the renewal of a driver's |
| license who has attained that increased age or is older must | prove, by an actual demonstration,
the applicant's ability to | exercise reasonable care in the safe operation
of a motor | vehicle. | (d) In the event the applicant is not ineligible under the | provisions of
Section 6-103 to receive a driver's license, the | Secretary of State
shall make provision for giving an | examination, either in the county where
the applicant resides | or at a place adjacent thereto reasonably convenient
to the | applicant, within not more than 30 days from the date said
| application is received. | (e) The Secretary of State may adopt rules regarding the | use of foreign language interpreters during the application | and examination process. | (Source: P.A. 100-770, eff. 1-1-19; 100-962, eff. 1-1-19; | 101-81, eff. 7-12-19; 101-174, eff. 1-1-20.)
| Section 99. Effective date. This Act takes effect upon | becoming law. |
Effective Date: 6/30/2023
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