98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4422
 
Introduced , by Rep. Charles E. Jefferson
 
SYNOPSIS AS INTRODUCED:



      
15 ILCS 335/4A from Ch. 124, par. 24A
625 ILCS 5/6-206
625 ILCS 5/6-521 from Ch. 95 1/2, par. 6-521

 Amends the Illinois Identification Card Act. Expands the definition of disability to include oncological impairments. Amends the Illinois Vehicle Code. Provides that the Secretary of State may suspend or revoke the driving privileges of a person that has been convicted by a court-martial or punished by non-judicial punishment by military authorities of the United States in another state for a traffic related offense that would be sufficient to merit suspension or revocation of driving privileges under the Illinois Vehicle Code. Removes the ability and requirement of the Secretary State to adopt rules for restricted commercial driver's licenses limited to operation of a school bus, which was replaced by the School Bus Driver's Permit. Effective January 1, 2015.



LRB098 19486 MLW 54658 b


 
 
A BILL FOR
 


HB4422LRB098 19486 MLW 54658 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 Identification Card Act is amended 
5by changing Section 4A as follows:




6 (15 ILCS 335/4A) (from Ch. 124, par. 24A)



7 Sec. 4A. 
(a) "Person with a disability" as used in this Act 
8means any person who
is, and who is expected to indefinitely 
9continue to be, subject to any of
the following five types of 
10disabilities:

11 Type One: Physical disability. A physical disability is a 
12physical
impairment, disease, or loss, which is of a permanent 
13nature, and which
substantially limits physical ability or 
14motor skills. The
Secretary of State shall establish standards 
15not inconsistent with this
provision necessary to determine the 
16presence of a physical disability.

17 Type Two: Developmental disability. Developmental 
18disability means a disability that is attributable to: (i) an 
19intellectual disability, cerebral palsy, epilepsy, or autism 
20or (ii) any other condition that results in impairment similar 
21to that caused by an intellectual disability and requires 
22services similar to those required by persons with intellectual 
23disabilities. Such a disability must originate before the age 
 
 
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1of 18 years, be expected to continue indefinitely, and 
2constitute a substantial handicap. The Secretary
of State shall 
3establish standards not inconsistent with this provision

4necessary to determine the presence of
a developmental 
5disability.

6 Type Three: Visual disability. A visual disability is 
7blindness, and the term "blindness" means central vision acuity 
8of 20/200 or less in the better eye with the use of a 
9correcting lens. An eye that is accompanied by a limitation in 
10the fields of vision so that the widest diameter of the visual 
11field subtends an angle no greater than 20 degrees shall be 
12considered as having a central vision acuity of 20/200 or less. 
13The Secretary of State shall establish
standards not 
14inconsistent with this Section necessary to determine the

15presence of a visual disability.

16 Type Four: Hearing disability. A hearing disability is a 
17disability
resulting in complete absence of hearing, or hearing 
18that with sound
enhancing or magnifying equipment is
so 
19impaired as to require the use of sensory input other than 
20hearing
as the principal means of receiving spoken language. 
21The Secretary of State
shall
establish standards not 
22inconsistent with this Section
necessary to determine the 
23presence of a hearing disability.

24 Type Five: Mental Disability. A mental disability is a 
25significant impairment of an individual's cognitive, 
26affective, or relational abilities that may require 
 
 
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1intervention and may be a recognized, medically diagnosable 
2illness or disorder. The Secretary of State shall establish

3standards not inconsistent with this provision necessary to 
4determine the
presence of a mental disability.

5 (b) For purposes of this Act, a disability shall be 
6classified as
follows: Class 1 disability: A Class 1 disability 
7is any type disability
which does not render a person unable to 
8engage in any substantial gainful
activity or which does not 
9impair his ability to live independently or to
perform labor or 
10services for which he is qualified. The Secretary of State

11shall establish standards not inconsistent with this Section

12necessary to determine the presence of a Class 1 disability.

13Class 1A disability: A Class 1A disability is a Class 1 
14disability which
renders a person unable to walk 200 feet or 
15more unassisted by another person
or without the aid of a 
16walker, crutches, braces, prosthetic device or a
wheelchair or 
17without great difficulty or discomfort due to the following

18impairments: neurologic, orthopedic, oncological, respiratory, 
19cardiac, arthritic disorder, blindness,
or the loss of function 
20or absence of a limb or limbs. The Secretary of
State shall 
21establish standards not inconsistent with this Section 
22necessary
to determine the presence of a Class 1A disability. 
23Class 2
disability: A Class 2 disability is any type disability 
24which renders a
person unable to engage in any substantial 
25gainful activity, which
substantially impairs his ability to 
26live independently without
supervision or in-home support 
 
 
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1services, or which substantially impairs
his ability to perform 
2labor
or services for which he is qualified or significantly 
3restricts the
labor or services which he is able to perform.

4The Secretary of State shall
establish standards not 
5inconsistent with this Section necessary to
determine the 
6presence of a Class 2 disability.
Class 2A disability: A Class 
72A disability is a Class 2 disability which
renders a person 
8unable to walk 200 feet or more unassisted by another
person or 
9without the aid of a walker, crutches, braces, prosthetic 
10device
or a wheelchair or without great difficulty or 
11discomfort due to the
following impairments: neurologic, 
12orthopedic, oncological, respiratory, cardiac,
arthritic 
13disorder, blindness, or the loss of function or absence of a 
14limb
or limbs. The Secretary of State shall establish standards 
15not inconsistent
with this Section necessary to determine the 
16presence of a Class 2A
disability.

17(Source: P.A. 97-227, eff. 1-1-12; 97-1064, eff. 1-1-13.)


18 Section 10. The Illinois Vehicle Code is amended by 
19changing Sections 6-206 and 6-521 as follows:



20 (625 ILCS 5/6-206)


21 Sec. 6-206. Discretionary authority to suspend or revoke 
22license or
permit; Right to a hearing.

23 (a) The Secretary of State is authorized to suspend or 
24revoke the
driving privileges of any person without preliminary 
 
 
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1hearing upon a showing
of the person's records or other 
2sufficient evidence that
the person:


3  1. Has committed an offense for which mandatory 
4 revocation of
a driver's license or permit is required upon 
5 conviction;


6  2. Has been convicted of not less than 3 offenses 
7 against traffic
regulations governing the movement of 
8 vehicles committed within any 12
month period. No 
9 revocation or suspension shall be entered more than
6 
10 months after the date of last conviction;


11  3. Has been repeatedly involved as a driver in motor 
12 vehicle
collisions or has been repeatedly convicted of 
13 offenses against laws and
ordinances regulating the 
14 movement of traffic, to a degree that
indicates lack of 
15 ability to exercise ordinary and reasonable care in
the 
16 safe operation of a motor vehicle or disrespect for the 
17 traffic laws
and the safety of other persons upon the 
18 highway;


19  4. Has by the unlawful operation of a motor vehicle 
20 caused or
contributed to an accident resulting in injury 
21 requiring
immediate professional treatment in a medical 
22 facility or doctor's office
to any person, except that any 
23 suspension or revocation imposed by the
Secretary of State 
24 under the provisions of this subsection shall start no

25 later than 6 months after being convicted of violating a 
26 law or
ordinance regulating the movement of traffic, which 
 
 
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1 violation is related
to the accident, or shall start not 
2 more than one year
after
the date of the accident, 
3 whichever date occurs later;


4  5. Has permitted an unlawful or fraudulent use of a 
5 driver's
license, identification card, or permit;


6  6. Has been lawfully convicted of an offense or 
7 offenses in another
state, including the authorization 
8 contained in Section 6-203.1, which
if committed within 
9 this State would be grounds for suspension or revocation;


10  7. Has refused or failed to submit to an examination 
11 provided for by
Section 6-207 or has failed to pass the 
12 examination;


13  8. Is ineligible for a driver's license or permit under 
14 the provisions
of Section 6-103;


15  9. Has made a false statement or knowingly concealed a 
16 material fact
or has used false information or 
17 identification in any application for a
license, 
18 identification card, or permit;


19  10. Has possessed, displayed, or attempted to 
20 fraudulently use any
license, identification card, or 
21 permit not issued to the person;


22  11. Has operated a motor vehicle upon a highway of this 
23 State when
the person's driving privilege or privilege to 
24 obtain a driver's license
or permit was revoked or 
25 suspended unless the operation was authorized by
a 
26 monitoring device driving permit, judicial driving permit 
 
 
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1 issued prior to January 1, 2009, probationary license to 
2 drive, or a restricted
driving permit issued under this 
3 Code;


4  12. Has submitted to any portion of the application 
5 process for
another person or has obtained the services of 
6 another person to submit to
any portion of the application 
7 process for the purpose of obtaining a
license, 
8 identification card, or permit for some other person;


9  13. Has operated a motor vehicle upon a highway of this 
10 State when
the person's driver's license or permit was 
11 invalid under the provisions of
Sections 6-107.1 and
6-110;


12  14. Has committed a violation of Section 6-301, 
13 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B 
14 of the Illinois Identification Card
Act;


15  15. Has been convicted of violating Section 21-2 of the 
16 Criminal Code
of 1961 or the Criminal Code of 2012 relating 
17 to criminal trespass to vehicles in which case, the 
18 suspension
shall be for one year;


19  16. Has been convicted of violating Section 11-204 of 
20 this Code relating
to fleeing from a peace officer;


21  17. Has refused to submit to a test, or tests, as 
22 required under Section
11-501.1 of this Code and the person 
23 has not sought a hearing as
provided for in Section 
24 11-501.1;


25  18. Has, since issuance of a driver's license or 
26 permit, been adjudged
to be afflicted with or suffering 
 
 
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1 from any mental disability or disease;


2  19. Has committed a violation of paragraph (a) or (b) 
3 of Section 6-101
relating to driving without a driver's 
4 license;


5  20. Has been convicted of violating Section 6-104 
6 relating to
classification of driver's license;


7  21. Has been convicted of violating Section 11-402 of

8 this Code relating to leaving the scene of an accident 
9 resulting in damage
to a vehicle in excess of $1,000, in 
10 which case the suspension shall be
for one year;


11  22. Has used a motor vehicle in violating paragraph 
12 (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of 
13 the Criminal Code of 1961 or the Criminal Code of 2012 
14 relating
to unlawful use of weapons, in which case the 
15 suspension shall be for one
year;


16  23. Has, as a driver, been convicted of committing a 
17 violation of
paragraph (a) of Section 11-502 of this Code 
18 for a second or subsequent
time within one year of a 
19 similar violation;


20  24. Has been convicted by a court-martial or punished 
21 by non-judicial
punishment by military authorities of the 
22 United States at a military
installation in Illinois or in 
23 another state of or for a traffic related offense that is 
24 the
same as or similar to an offense specified under 
25 Section 6-205 or 6-206 of
this Code;


26  25. Has permitted any form of identification to be used 
 
 
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1 by another in
the application process in order to obtain or 
2 attempt to obtain a license,
identification card, or 
3 permit;


4  26. Has altered or attempted to alter a license or has 
5 possessed an
altered license, identification card, or 
6 permit;


7  27. Has violated Section 6-16 of the Liquor Control Act 
8 of 1934;


9  28. Has been convicted for a first time of the illegal 
10 possession, while operating or
in actual physical control, 
11 as a driver, of a motor vehicle, of any
controlled 
12 substance prohibited under the Illinois Controlled 
13 Substances
Act, any cannabis prohibited under the Cannabis 
14 Control
Act, or any methamphetamine prohibited under the 
15 Methamphetamine Control and Community Protection Act, in 
16 which case the person's driving privileges shall be 
17 suspended for
one year.
Any defendant found guilty of this 
18 offense while operating a motor vehicle,
shall have an 
19 entry made in the court record by the presiding judge that

20 this offense did occur while the defendant was operating a 
21 motor vehicle
and order the clerk of the court to report 
22 the violation to the Secretary
of State;


23  29. Has been convicted of the following offenses that 
24 were committed
while the person was operating or in actual 
25 physical control, as a driver,
of a motor vehicle: criminal 
26 sexual assault,
predatory criminal sexual assault of a 
 
 
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1 child,
aggravated criminal sexual
assault, criminal sexual 
2 abuse, aggravated criminal sexual abuse, juvenile
pimping, 
3 soliciting for a juvenile prostitute, promoting juvenile 
4 prostitution as described in subdivision (a)(1), (a)(2), 
5 or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 
6 or the Criminal Code of 2012, and the manufacture, sale or

7 delivery of controlled substances or instruments used for 
8 illegal drug use
or abuse in which case the driver's 
9 driving privileges shall be suspended
for one year;


10  30. Has been convicted a second or subsequent time for 
11 any
combination of the offenses named in paragraph 29 of 
12 this subsection,
in which case the person's driving 
13 privileges shall be suspended for 5
years;


14  31. Has refused to submit to a test as
required by 
15 Section 11-501.6 of this Code or Section 5-16c of the Boat 
16 Registration and Safety Act or has submitted to a test 
17 resulting in
an alcohol concentration of 0.08 or more or 
18 any amount of a drug, substance, or
compound resulting from 
19 the unlawful use or consumption of cannabis as listed
in 
20 the Cannabis Control Act, a controlled substance as listed 
21 in the Illinois
Controlled Substances Act, an intoxicating 
22 compound as listed in the Use of
Intoxicating Compounds 
23 Act, or methamphetamine as listed in the Methamphetamine 
24 Control and Community Protection Act, in which case the 
25 penalty shall be
as prescribed in Section 6-208.1;


26  32. Has been convicted of Section 24-1.2 of the 
 
 
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1 Criminal Code of
1961 or the Criminal Code of 2012 relating 
2 to the aggravated discharge of a firearm if the offender 
3 was
located in a motor vehicle at the time the firearm was 
4 discharged, in which
case the suspension shall be for 3 
5 years;


6  33. Has as a driver, who was less than 21 years of age 
7 on the date of
the offense, been convicted a first time of 
8 a violation of paragraph (a) of
Section 11-502 of this Code 
9 or a similar provision of a local ordinance;


10  34. Has committed a violation of Section 11-1301.5 of 
11 this Code or a similar provision of a local ordinance;


12  35. Has committed a violation of Section 11-1301.6 of 
13 this Code or a similar provision of a local ordinance;


14  36. Is under the age of 21 years at the time of arrest 
15 and has been
convicted of not less than 2 offenses against 
16 traffic regulations governing
the movement of vehicles 
17 committed within any 24 month period. No revocation
or 
18 suspension shall be entered more than 6 months after the 
19 date of last
conviction;


20  37. Has committed a violation of subsection (c) of 
21 Section 11-907 of this
Code that resulted in damage to the 
22 property of another or the death or injury of another;


23  38. Has been convicted of a violation of Section 6-20 
24 of the Liquor
Control Act of 1934 or a similar provision of 
25 a local ordinance;


26  39. Has committed a second or subsequent violation of 
 
 
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1 Section
11-1201 of this Code;

2  40. Has committed a violation of subsection (a-1) of 
3 Section 11-908 of
this Code;
4  41. Has committed a second or subsequent violation of 
5 Section 11-605.1 of this Code, a similar provision of a 
6 local ordinance, or a similar violation in any other state 
7 within 2 years of the date of the previous violation, in 
8 which case the suspension shall be for 90 days;
9  42. Has committed a violation of subsection (a-1) of 
10 Section 11-1301.3 of this Code or a similar provision of a 
11 local ordinance;

12  43. Has received a disposition of court supervision for 
13 a violation of subsection (a), (d), or (e) of Section 6-20 
14 of the Liquor
Control Act of 1934 or a similar provision of 
15 a local ordinance, in which case the suspension shall be 
16 for a period of 3 months;

17  44.
Is under the age of 21 years at the time of arrest 
18 and has been convicted of an offense against traffic 
19 regulations governing the movement of vehicles after 
20 having previously had his or her driving privileges

21 suspended or revoked pursuant to subparagraph 36 of this 
22 Section;
23  45.
Has, in connection with or during the course of a 
24 formal hearing conducted under Section 2-118 of this Code: 
25 (i) committed perjury; (ii) submitted fraudulent or 
26 falsified documents; (iii) submitted documents that have 
 
 
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1 been materially altered; or (iv) submitted, as his or her 
2 own, documents that were in fact prepared or composed for 
3 another person;
4  46. Has committed a violation of subsection (j) of 
5 Section 3-413 of this Code; or

6  47. Has committed a violation of Section 11-502.1 of 
7 this Code. 
8 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 
9and 27 of this
subsection, license means any driver's license, 
10any traffic ticket issued when
the person's driver's license is 
11deposited in lieu of bail, a suspension
notice issued by the 
12Secretary of State, a duplicate or corrected driver's
license, 
13a probationary driver's license or a temporary driver's 
14license.
15 (b) If any conviction forming the basis of a suspension or

16revocation authorized under this Section is appealed, the

17Secretary of State may rescind or withhold the entry of the 
18order of suspension
or revocation, as the case may be, provided 
19that a certified copy of a stay
order of a court is filed with 
20the Secretary of State. If the conviction is
affirmed on 
21appeal, the date of the conviction shall relate back to the 
22time
the original judgment of conviction was entered and the 6 
23month limitation
prescribed shall not apply.


24 (c) 1. Upon suspending or revoking the driver's license or 
25permit of
any person as authorized in this Section, the 
26Secretary of State shall
immediately notify the person in 
 
 
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1writing of the revocation or suspension.
The notice to be 
2deposited in the United States mail, postage prepaid,
to the 
3last known address of the person.


4  2. If the Secretary of State suspends the driver's 
5 license
of a person under subsection 2 of paragraph (a) of 
6 this Section, a
person's privilege to operate a vehicle as 
7 an occupation shall not be
suspended, provided an affidavit 
8 is properly completed, the appropriate fee
received, and a 
9 permit issued prior to the effective date of the

10 suspension, unless 5 offenses were committed, at least 2 of 
11 which occurred
while operating a commercial vehicle in 
12 connection with the driver's
regular occupation. All other 
13 driving privileges shall be suspended by the
Secretary of 
14 State. Any driver prior to operating a vehicle for

15 occupational purposes only must submit the affidavit on 
16 forms to be
provided by the Secretary of State setting 
17 forth the facts of the person's
occupation. The affidavit 
18 shall also state the number of offenses
committed while 
19 operating a vehicle in connection with the driver's regular

20 occupation. The affidavit shall be accompanied by the 
21 driver's license.
Upon receipt of a properly completed 
22 affidavit, the Secretary of State
shall issue the driver a 
23 permit to operate a vehicle in connection with the
driver's 
24 regular occupation only. Unless the permit is issued by the

25 Secretary of State prior to the date of suspension, the 
26 privilege to drive
any motor vehicle shall be suspended as 
 
 
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1 set forth in the notice that was
mailed under this Section. 
2 If an affidavit is received subsequent to the
effective 
3 date of this suspension, a permit may be issued for the 
4 remainder
of the suspension period.


5  The provisions of this subparagraph shall not apply to 
6 any driver
required to possess a CDL for the purpose of 
7 operating a commercial motor vehicle.


8  Any person who falsely states any fact in the affidavit 
9 required
herein shall be guilty of perjury under Section 
10 6-302 and upon conviction
thereof shall have all driving 
11 privileges revoked without further rights.


12  3. At the conclusion of a hearing under Section 2-118 
13 of this Code,
the Secretary of State shall either rescind 
14 or continue an order of
revocation or shall substitute an 
15 order of suspension; or, good
cause appearing therefor, 
16 rescind, continue, change, or extend the
order of 
17 suspension. If the Secretary of State does not rescind the 
18 order,
the Secretary may upon application,
to relieve undue 
19 hardship (as defined by the rules of the Secretary of 
20 State), issue
a restricted driving permit granting the 
21 privilege of driving a motor
vehicle between the 
22 petitioner's residence and petitioner's place of

23 employment or within the scope of the petitioner's 
24 employment related duties, or to
allow the petitioner to 
25 transport himself or herself, or a family member of the

26 petitioner's household to a medical facility, to receive 
 
 
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1 necessary medical care, to allow the petitioner to 
2 transport himself or herself to and from alcohol or drug

3 remedial or rehabilitative activity recommended by a 
4 licensed service provider, or to allow the petitioner to 
5 transport himself or herself or a family member of the 
6 petitioner's household to classes, as a student, at an 
7 accredited educational institution, or to allow the 
8 petitioner to transport children, elderly persons, or 
9 disabled persons who do not hold driving privileges and are 
10 living in the petitioner's household to and from daycare. 
11 The
petitioner must demonstrate that no alternative means 
12 of
transportation is reasonably available and that the 
13 petitioner will not endanger
the public safety or welfare. 
14 Those multiple offenders identified in subdivision (b)4 of 
15 Section 6-208 of this Code, however, shall not be eligible 
16 for the issuance of a restricted driving permit.

17 
  (A) If a person's license or permit is revoked or 
18 suspended due to 2
or more convictions of violating 
19 Section 11-501 of this Code or a similar
provision of a 
20 local ordinance or a similar out-of-state offense, or 
21 Section 9-3 of the Criminal Code of 1961 or the 
22 Criminal Code of 2012, where the use of alcohol or 
23 other drugs is recited as an element of the offense, or 
24 a similar out-of-state offense, or a combination of 
25 these offenses, arising out
of separate occurrences, 
26 that person, if issued a restricted driving permit,
may 
 
 
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1 not operate a vehicle unless it has been equipped with 
2 an ignition
interlock device as defined in Section 
3 1-129.1.


4   (B) If a person's license or permit is revoked or 
5 suspended 2 or more
times within a 10 year period due 
6 to any combination of:
7    (i) a single conviction of violating Section

8 11-501 of this Code or a similar provision of a 
9 local ordinance or a similar
out-of-state offense 
10 or Section 9-3 of the Criminal Code of 1961 or the 
11 Criminal Code of 2012, where the use of alcohol or 
12 other drugs is recited as an element of the 
13 offense, or a similar out-of-state offense; or
14    (ii) a statutory summary suspension or 
15 revocation under Section
11-501.1; or
16    (iii) a suspension under Section 6-203.1; 
17  arising out of
separate occurrences; that person, if 
18 issued a restricted driving permit, may
not operate a 
19 vehicle unless it has been
equipped with an ignition 
20 interlock device as defined in Section 1-129.1.
21   (C)
The person issued a permit conditioned upon the 
22 use of an ignition interlock device must pay to the 
23 Secretary of State DUI Administration Fund an amount

24 not to exceed $30 per month. The Secretary shall 
25 establish by rule the amount
and the procedures, terms, 
26 and conditions relating to these fees.
 
 
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1   (D) If the
restricted driving permit is issued for 
2 employment purposes, then the prohibition against 
3 operating a motor vehicle that is not equipped with an 
4 ignition interlock device does not apply to the 
5 operation of an occupational vehicle owned or
leased by 
6 that person's employer when used solely for employment 
7 purposes.
8   (E) In each case the Secretary may issue a

9 restricted driving permit for a period deemed 
10 appropriate, except that all
permits shall expire 
11 within one year from the date of issuance. The 
12 Secretary
may not, however, issue a restricted driving 
13 permit to any person whose current
revocation is the 
14 result of a second or subsequent conviction for a 
15 violation
of Section 11-501 of this Code or a similar 
16 provision of a local ordinance
or any similar 
17 out-of-state offense, or Section 9-3 of the Criminal 
18 Code of 1961 or the Criminal Code of 2012, where the 
19 use of alcohol or other drugs is recited as an element 
20 of the offense, or any similar out-of-state offense, or 
21 any combination
of those offenses, until the 
22 expiration of at least one year from the date of
the 
23 revocation. A
restricted driving permit issued under 
24 this Section shall be subject to
cancellation, 
25 revocation, and suspension by the Secretary of State in 
26 like
manner and for like cause as a driver's license 
 
 
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1 issued under this Code may be
cancelled, revoked, or 
2 suspended; except that a conviction upon one or more

3 offenses against laws or ordinances regulating the 
4 movement of traffic
shall be deemed sufficient cause 
5 for the revocation, suspension, or
cancellation of a 
6 restricted driving permit. The Secretary of State may, 
7 as
a condition to the issuance of a restricted driving 
8 permit, require the
applicant to participate in a 
9 designated driver remedial or rehabilitative
program. 
10 The Secretary of State is authorized to cancel a 
11 restricted
driving permit if the permit holder does not 
12 successfully complete the program.

13 (c-3) In the case of a suspension under paragraph 43 of 
14subsection (a), reports received by the Secretary of State 
15under this Section shall, except during the actual time the 
16suspension is in effect, be privileged information and for use 
17only by the courts, police officers, prosecuting authorities, 
18the driver licensing administrator of any other state, the 
19Secretary of State, or the parent or legal guardian of a driver 
20under the age of 18. However, beginning January 1, 2008, if the 
21person is a CDL holder, the suspension shall also be made 
22available to the driver licensing administrator of any other 
23state, the U.S. Department of Transportation, and the affected 
24driver or motor
carrier or prospective motor carrier upon 
25request.

26 (c-4) In the case of a suspension under paragraph 43 of 
 
 
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1subsection (a), the Secretary of State shall notify the person 
2by mail that his or her driving privileges and driver's license 
3will be suspended one month after the date of the mailing of 
4the notice.

5 (c-5) The Secretary of State may, as a condition of the 
6reissuance of a
driver's license or permit to an applicant 
7whose driver's license or permit has
been suspended before he 
8or she reached the age of 21 years pursuant to any of
the 
9provisions of this Section, require the applicant to 
10participate in a
driver remedial education course and be 
11retested under Section 6-109 of this
Code.

12 (d) This Section is subject to the provisions of the 
13Drivers License
Compact.

14 (e) The Secretary of State shall not issue a restricted 
15driving permit to
a person under the age of 16 years whose 
16driving privileges have been suspended
or revoked under any 
17provisions of this Code.

18 (f) In accordance with 49 C.F.R. 384, the Secretary of 
19State may not issue a restricted driving permit for the 
20operation of a commercial motor vehicle to a person holding a 
21CDL whose driving privileges have been suspended, revoked, 
22cancelled, or disqualified under any provisions of this Code.
23(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; 
2497-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13; 
2597-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff. 
261-1-14; 98-122, eff. 1-1-14; revised 9-19-13.)




 
 
HB4422- 21 -LRB098 19486 MLW 54658 b


1 (625 ILCS 5/6-521)
 (from Ch. 95 1/2, par. 6-521)



2 Sec. 6-521. Rulemaking Authority. 

3 (a) The Secretary of State, using the
authority to license 
4motor vehicle operators under this Code, may adopt
such rules 
5and regulations as may be necessary to establish standards,

6policies and procedures for the licensing and sanctioning of 
7commercial
motor vehicle
drivers in order to meet the 
8requirements of the Commercial Motor Vehicle
Act of 1986 
9(CMVSA); subsequent federal rulemaking under 49 C.F.R. Part
383 
10or Part 1572; and administrative and policy decisions of the 
11U.S.
Secretary of
Transportation and the Federal Motor Carrier 
12Safety Administration. The Secretary may,
as provided in the 
13CMVSA, establish stricter requirements for the licensing
of 
14commercial motor vehicle drivers than those established by the 
15federal
government.

16 (b) By January 1, 1994, the Secretary of State shall 
17establish rules and
regulations for the issuance of a

18restricted commercial driver's license
for farm-related 
19service industries
consistent with federal guidelines. The 
20restricted license
shall be available for a seasonal period or 
21periods not to exceed a total of
180 days in any 12 month 
22period.

23 (c) (Blank). By July 1, 1995, the Secretary of State shall 
24establish
rules and regulations, to be consistent with federal 
25guidelines,
for the issuance and cancellation or withdrawal of 
 
 
HB4422- 22 -LRB098 19486 MLW 54658 b


1a restricted
commercial driver's license that is limited to the 
2operation of a school
bus. A driver whose restricted commercial 
3driver's license has
been cancelled or withdrawn may contest 
4the sanction by requesting
a hearing pursuant to Section 2-118 
5of this Code. The cancellation
or withdrawal of the restricted 
6commercial driver's license shall
remain in effect pending the 
7outcome of that hearing.

8 (d) By July 1, 1995, the Secretary of State shall
establish 
9rules and regulations for the issuance and cancellation
of a 
10School Bus Driver's Permit. The permit shall be required for

11the operation of a school bus as provided in subsection (c), a 
12non-restricted
CDL
with passenger endorsement, or a properly 
13classified driver's
license. The permit will establish that the 
14school bus driver has
met all the requirements of the 
15application and screening process
established by Section 
166-106.1 of this Code.

17(Source: P.A. 95-382, eff. 8-23-07.)



18 Section 99. Effective date. This Act takes effect January 
191, 2015.