Public Act 098-0726
 
HB4422 EnrolledLRB098 19486 MLW 54658 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Identification Card Act is amended  
by changing Section 4A as follows:
 



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



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

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

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

necessary to determine the presence of
a developmental 
disability.

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

presence of a visual disability.

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

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

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

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

shall establish standards not inconsistent with this Section

necessary to determine the presence of a Class 1 disability.

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

impairments: neurologic, orthopedic, oncological, respiratory, 
cardiac, arthritic disorder, blindness,
or the loss of function 
or absence of a limb or limbs. The Secretary of
State shall 
establish standards not inconsistent with this Section 
necessary
to determine the presence of a Class 1A disability.  
Class 2
disability:  A Class 2 disability is any type disability 
which renders a
person unable to engage in any substantial 
gainful activity, which
substantially impairs his ability to 
live independently without
supervision or in-home support 
services, or which substantially impairs
his ability to perform 
labor
or services for which he is qualified or significantly 
restricts the
labor or services which he is able to perform.
 
The Secretary of State shall
establish standards not 
inconsistent with this Section necessary to
determine the 
presence of a Class 2 disability.
Class 2A disability: A Class 
2A disability is a Class 2 disability which
renders a person 
unable to walk 200 feet or more unassisted by another
person or 
without the aid of a walker, crutches, braces, prosthetic 
device
or a wheelchair or without great difficulty or 
discomfort due to the
following impairments: neurologic, 
orthopedic, oncological, respiratory, cardiac,
arthritic 
disorder, blindness, or the loss of function or absence of a 
limb
or limbs. The Secretary of State shall establish standards 
not inconsistent
with this Section necessary to determine the 
presence of a Class 2A
disability.

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

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

    (625 ILCS 5/6-206)

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

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


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


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


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


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

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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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

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


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


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


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


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


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


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


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

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


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

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


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


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


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


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


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


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


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


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


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


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

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

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

        44.
 Is under the age of 21 years at the time of arrest 
    and has been convicted of an offense against traffic 
    regulations governing the movement of vehicles after 
    having previously had his or her driving privileges
 
    suspended or revoked pursuant to subparagraph 36 of this 
    Section;
        45.
 Has, in connection with or during the course of a 
    formal hearing conducted under Section 2-118 of this Code: 
    (i) committed perjury; (ii) submitted fraudulent or 
    falsified documents; (iii) submitted documents that have 
    been materially altered; or (iv) submitted,  as his or her 
    own, documents that were in fact prepared or composed for 
    another person;
        46. Has committed a violation of subsection (j) of 
    Section 3-413 of this Code; or

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

revocation authorized under this Section is appealed, the

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


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


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

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

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

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

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


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


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


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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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



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



    Sec. 6-521. Rulemaking Authority. 

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

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

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

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

    (c) (Blank). By July 1, 1995, the Secretary of State shall 
establish
rules and regulations, to be consistent with federal 
guidelines,
for the issuance and cancellation or withdrawal of 
a restricted
commercial driver's license that is limited to the 
operation of a school
bus.  A driver whose restricted commercial 
driver's license has
been cancelled or withdrawn may contest 
the sanction by requesting
a hearing pursuant to Section 2-118 
of this Code.  The cancellation
or withdrawal of the restricted 
commercial driver's license shall
remain in effect pending the 
outcome of that hearing.

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

the operation of a school bus as provided in subsection (c), a 
non-restricted
CDL
with passenger endorsement, or a properly 
classified driver's
license.  The permit will establish that the 
school bus driver has
met all the requirements of the 
application and screening process
established by Section 
6-106.1 of this Code.

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

 
 
    Section 99. Effective date. This Act takes effect January 
1, 2015. 
  


Effective Date:  1/1/2015