Public Act 0140 103RD GENERAL ASSEMBLY

  
  
  
 

 
Public Act 103-0140
 
HB2091 EnrolledLRB103 26323 DTM 52684 b


  
    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.

(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.