Bill Text: IL HB5029 | 2009-2010 | 96th General Assembly | Introduced


Bill Title: Amends the School Code to provide that school districts must provide instruction in relation to the laws regarding the operation of all-terrain vehicles and off-highway motorcycles in grades kindergarten through 12 and may include the instruction in social studies, American government, driver education, or other appropriate courses of study. Amends the Illinois Vehicle Code to prohibit any use of all-terrain vehicles or off-highway vehicles on roads. Provides that the Secretary of State may suspend a person's driver's license for 6 months for a violation of provisions relating to the illegal use of all-terrain vehicles and off-highway motorcycles on streets and riding an all-terrain vehicle or off-highway motorcycle as a passenger. Provides that it is illegal to operate an all-terrain vehicle or off-highway motorcycle if the operator is under the age of 16, does not have a valid driver's license, or is not wearing a properly fitted helmet secured to the person's head. Provides that a person must demonstrate knowledge of all-terrain vehicle and off-highway motorcycle laws on the written examination for a driver's license, and provides that information relating to all-terrain vehicle and off-highway motorcycle laws must be contained in publications of the "Rules of the Road" by the Secretary of State and "Laws for Youth" by the Legislative Research Unit.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-15 - Rule 19(a) / Re-referred to Rules Committee [HB5029 Detail]

Download: Illinois-2009-HB5029-Introduced.html


96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5029

Introduced 1/25/2010, by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:
See Index

Amends the School Code to provide that school districts must provide instruction in relation to the laws regarding the operation of all-terrain vehicles and off-highway motorcycles in grades kindergarten through 12 and may include the instruction in social studies, American government, driver education, or other appropriate courses of study. Amends the Illinois Vehicle Code to prohibit any use of all-terrain vehicles or off-highway vehicles on roads. Provides that the Secretary of State may suspend a person's driver's license for 6 months for a violation of provisions relating to the illegal use of all-terrain vehicles and off-highway motorcycles on streets and riding an all-terrain vehicle or off-highway motorcycle as a passenger. Provides that it is illegal to operate an all-terrain vehicle or off-highway motorcycle if the operator is under the age of 16, does not have a valid driver's license, or is not wearing a properly fitted helmet secured to the person's head. Provides that a person must demonstrate knowledge of all-terrain vehicle and off-highway motorcycle laws on the written examination for a driver's license, and provides that information relating to all-terrain vehicle and off-highway motorcycle laws must be contained in publications of the "Rules of the Road" by the Secretary of State and "Laws for Youth" by the Legislative Research Unit.
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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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1 AN ACT concerning all-terrain vehicles, which may be
2 referred to as Lacee's Law.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing Section
6 27-24.2 and by adding Section 27-23.9 as follows:
7 (105 ILCS 5/27-23.9 new)
8 Sec. 27-23.9. Education on all-terrain vehicle and
9 off-highway motorcycle laws. School districts shall provide
10 instruction in relation to the laws regarding the operation of
11 all-terrain vehicles, as defined by Section 1-101.8 of the
12 Illinois Vehicle Code, and off-highway motorcycles, as defined
13 by Section 1-153.1 of the Illinois Vehicle Code, in grades
14 kindergarten through 12 and shall include such instruction in
15 social studies, American government, driver education, or
16 other appropriate courses of study. The instruction shall
17 emphasize that the illegal operation of all-terrain vehicles
18 and off-highway motorcycles presents a serious safety hazard to
19 persons who operate all-terrain vehicles and off-highway
20 motorcycles in violation of the laws of this State. The State
21 Board of Education may assist in the development of
22 instructional materials and teacher training in relation to
23 all-terrain vehicle and off-highway motorcycle laws.

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1 (105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2)
2 Sec. 27-24.2. Safety education; driver education course.
3 Instruction shall be given in safety education in each of
4 grades one though 8, equivalent to one class period each week,
5 and any school district which maintains grades 9 through 12
6 shall offer a driver education course in any such school which
7 it operates. Its curriculum shall include content dealing with
8 Chapters 11, 12, 13, 15, and 16 of the Illinois Vehicle Code,
9 the rules adopted pursuant to those Chapters insofar as they
10 pertain to the operation of motor vehicles, and the portions of
11 the Litter Control Act relating to the operation of motor
12 vehicles. The course of instruction given in grades 10 through
13 12 shall include an emphasis on the development of knowledge,
14 attitudes, habits, and skills necessary for the safe operation
15 of motor vehicles, including motorcycles insofar as they can be
16 taught in the classroom, and instruction on distracted driving
17 as a major traffic safety issue. In addition, the course shall
18 include instruction on special hazards existing at and required
19 safety and driving precautions that must be observed at
20 emergency situations, highway construction and maintenance
21 zones, and railroad crossings and the approaches thereto. The
22 course of instruction required of each eligible student at the
23 high school level shall consist of a minimum of 30 clock hours
24 of classroom instruction and a minimum of 6 clock hours of
25 individual behind-the-wheel instruction in a dual control car

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1 on public roadways taught by a driver education instructor
2 endorsed by the State Board of Education. Both the classroom
3 instruction part and the practice driving part of such driver
4 education course shall be open to a resident or non-resident
5 student attending a non-public school in the district wherein
6 the course is offered. Each student attending any public or
7 non-public high school in the district must receive a passing
8 grade in at least 8 courses during the previous 2 semesters
9 prior to enrolling in a driver education course, or the student
10 shall not be permitted to enroll in the course; provided that
11 the local superintendent of schools (with respect to a student
12 attending a public high school in the district) or chief school
13 administrator (with respect to a student attending a non-public
14 high school in the district) may waive the requirement if the
15 superintendent or chief school administrator, as the case may
16 be, deems it to be in the best interest of the student. A
17 student may be allowed to commence the classroom instruction
18 part of such driver education course prior to reaching age 15
19 if such student then will be eligible to complete the entire
20 course within 12 months after being allowed to commence such
21 classroom instruction.
22 Such a course may be commenced immediately after the
23 completion of a prior course. Teachers of such courses shall
24 meet the certification requirements of this Act and regulations
25 of the State Board as to qualifications. Such a driver
26 education course must include classroom instruction on the

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1 safety rules and operation of all-terrain vehicles and
2 off-highway motorcycles.
3 Subject to rules of the State Board of Education, the
4 school district may charge a reasonable fee, not to exceed $50,
5 to students who participate in the course, unless a student is
6 unable to pay for such a course, in which event the fee for
7 such a student must be waived. The total amount from driver
8 education fees and reimbursement from the State for driver
9 education must not exceed the total cost of the driver
10 education program in any year and must be deposited into the
11 school district's driver education fund as a separate line item
12 budget entry. All moneys deposited into the school district's
13 driver education fund must be used solely for the funding of a
14 high school driver education program approved by the State
15 Board of Education that uses driver education instructors
16 endorsed by the State Board of Education.
17 (Source: P.A. 95-339, eff. 8-21-07; 96-734, eff. 8-25-09.)
18 Section 10. The Illinois Vehicle Code is amended by
19 changing Sections 6-109, 6-206, 11-1426.1, and 11-1427 and by
20 adding Section 11-1427.6 as follows:
21 (625 ILCS 5/6-109) (from Ch. 95 1/2, par. 6-109)
22 Sec. 6-109. Examination of Applicants.
23 (a) The Secretary of State shall examine every applicant
24 for a driver's license or permit who has not been previously

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1 licensed as a driver under the laws of this State or any other
2 state or country, or any applicant for renewal of such driver's
3 license or permit when such license or permit has been expired
4 for more than one year. The Secretary of State shall, subject
5 to the provisions of paragraph (c), examine every licensed
6 driver at least every 8 years, and may examine or re-examine
7 any other applicant or licensed driver, provided that during
8 the years 1984 through 1991 those drivers issued a license for
9 3 years may be re-examined not less than every 7 years or more
10 than every 10 years.
11 The Secretary of State shall require the testing of the
12 eyesight of any driver's license or permit applicant who has
13 not been previously licensed as a driver under the laws of this
14 State and shall promulgate rules and regulations to provide for
15 the orderly administration of all the provisions of this
16 Section.
17 (b) Except as provided for those applicants in paragraph
18 (c), such examination shall include a test of the applicant's
19 eyesight, his ability to read and understand official traffic
20 control devices, his knowledge of safe driving practices and
21 the traffic and all-terrain vehicle and off-highway motorcycle
22 laws of this State, and may include an actual demonstration of
23 the applicant's ability to exercise ordinary and reasonable
24 control of the operation of a motor vehicle, and such further
25 physical and mental examination as the Secretary of State finds
26 necessary to determine the applicant's fitness to operate a

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1 motor vehicle safely on the highways, except the examination of
2 an applicant 75 years of age or older shall include an actual
3 demonstration of the applicant's ability to exercise ordinary
4 and reasonable control of the operation of a motor vehicle. All
5 portions of written and verbal examinations under this Section,
6 excepting where the English language appears on facsimiles of
7 road signs, may be given in the Spanish language and, at the
8 discretion of the Secretary of State, in any other language as
9 well as in English upon request of the examinee. Deaf persons
10 who are otherwise qualified are not prohibited from being
11 issued a license, other than a commercial driver's license,
12 under this Code.
13 (c) Re-examination for those applicants who at the time of
14 renewing their driver's license possess a driving record devoid
15 of any convictions of traffic violations or evidence of
16 committing an offense for which mandatory revocation would be
17 required upon conviction pursuant to Section 6-205 at the time
18 of renewal shall be in a manner prescribed by the Secretary in
19 order to determine an applicant's ability to safely operate a
20 motor vehicle, except that every applicant for the renewal of a
21 driver's license who is 75 years of age or older must prove, by
22 an actual demonstration, the applicant's ability to exercise
23 reasonable care in the safe operation of a motor vehicle.
24 (d) In the event the applicant is not ineligible under the
25 provisions of Section 6-103 to receive a driver's license, the
26 Secretary of State shall make provision for giving an

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1 examination, either in the county where the applicant resides
2 or at a place adjacent thereto reasonably convenient to the
3 applicant, within not more than 30 days from the date said
4 application is received.
5 (Source: P.A. 91-350, eff. 7-29-99.)
6 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
7 Sec. 6-206. Discretionary authority to suspend or revoke
8 license or permit; Right to a hearing.
9 (a) The Secretary of State is authorized to suspend or
10 revoke the driving privileges of any person without preliminary
11 hearing upon a showing of the person's records or other
12 sufficient evidence that the person:
13 1. Has committed an offense for which mandatory
14 revocation of a driver's license or permit is required upon
15 conviction;
16 2. Has been convicted of not less than 3 offenses
17 against traffic regulations governing the movement of
18 vehicles committed within any 12 month period. No
19 revocation or suspension shall be entered more than 6
20 months after the date of last conviction;
21 3. Has been repeatedly involved as a driver in motor
22 vehicle collisions or has been repeatedly convicted of
23 offenses against laws and ordinances regulating the
24 movement of traffic, to a degree that indicates lack of
25 ability to exercise ordinary and reasonable care in the

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1 safe operation of a motor vehicle or disrespect for the
2 traffic laws and the safety of other persons upon the
3 highway;
4 4. Has by the unlawful operation of a motor vehicle
5 caused or contributed to an accident resulting in death or
6 injury requiring immediate professional treatment in a
7 medical facility or doctor's office to any person, except
8 that any suspension or revocation imposed by the Secretary
9 of State under the provisions of this subsection shall
10 start no later than 6 months after being convicted of
11 violating a law or ordinance regulating the movement of
12 traffic, which violation is related to the accident, or
13 shall start not more than one year after the date of the
14 accident, whichever date occurs later;
15 5. Has permitted an unlawful or fraudulent use of a
16 driver's license, identification card, or permit;
17 6. Has been lawfully convicted of an offense or
18 offenses in another state, including the authorization
19 contained in Section 6-203.1, which if committed within
20 this State would be grounds for suspension or revocation;
21 7. Has refused or failed to submit to an examination
22 provided for by Section 6-207 or has failed to pass the
23 examination;
24 8. Is ineligible for a driver's license or permit under
25 the provisions of Section 6-103;
26 9. Has made a false statement or knowingly concealed a

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1 material fact or has used false information or
2 identification in any application for a license,
3 identification card, or permit;
4 10. Has possessed, displayed, or attempted to
5 fraudulently use any license, identification card, or
6 permit not issued to the person;
7 11. Has operated a motor vehicle upon a highway of this
8 State when the person's driving privilege or privilege to
9 obtain a driver's license or permit was revoked or
10 suspended unless the operation was authorized by a
11 monitoring device driving permit, judicial driving permit
12 issued prior to January 1, 2009, probationary license to
13 drive, or a restricted driving permit issued under this
14 Code;
15 12. Has submitted to any portion of the application
16 process for another person or has obtained the services of
17 another person to submit to any portion of the application
18 process for the purpose of obtaining a license,
19 identification card, or permit for some other person;
20 13. Has operated a motor vehicle upon a highway of this
21 State when the person's driver's license or permit was
22 invalid under the provisions of Sections 6-107.1 and 6-110;
23 14. Has committed a violation of Section 6-301,
24 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
25 of the Illinois Identification Card Act;
26 15. Has been convicted of violating Section 21-2 of the

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1 Criminal Code of 1961 relating to criminal trespass to
2 vehicles in which case, the suspension shall be for one
3 year;
4 16. Has been convicted of violating Section 11-204 of
5 this Code relating to fleeing from a peace officer;
6 17. Has refused to submit to a test, or tests, as
7 required under Section 11-501.1 of this Code and the person
8 has not sought a hearing as provided for in Section
9 11-501.1;
10 18. Has, since issuance of a driver's license or
11 permit, been adjudged to be afflicted with or suffering
12 from any mental disability or disease;
13 19. Has committed a violation of paragraph (a) or (b)
14 of Section 6-101 relating to driving without a driver's
15 license;
16 20. Has been convicted of violating Section 6-104
17 relating to classification of driver's license;
18 21. Has been convicted of violating Section 11-402 of
19 this Code relating to leaving the scene of an accident
20 resulting in damage to a vehicle in excess of $1,000, in
21 which case the suspension shall be for one year;
22 22. Has used a motor vehicle in violating paragraph
23 (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
24 the Criminal Code of 1961 relating to unlawful use of
25 weapons, in which case the suspension shall be for one
26 year;

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1 23. Has, as a driver, been convicted of committing a
2 violation of paragraph (a) of Section 11-502 of this Code
3 for a second or subsequent time within one year of a
4 similar violation;
5 24. Has been convicted by a court-martial or punished
6 by non-judicial punishment by military authorities of the
7 United States at a military installation in Illinois of or
8 for a traffic related offense that is the same as or
9 similar to an offense specified under Section 6-205 or
10 6-206 of this Code;
11 25. Has permitted any form of identification to be used
12 by another in the application process in order to obtain or
13 attempt to obtain a license, identification card, or
14 permit;
15 26. Has altered or attempted to alter a license or has
16 possessed an altered license, identification card, or
17 permit;
18 27. Has violated Section 6-16 of the Liquor Control Act
19 of 1934;
20 28. Has been convicted of the illegal possession, while
21 operating or in actual physical control, as a driver, of a
22 motor vehicle, of any controlled substance prohibited
23 under the Illinois Controlled Substances Act, any cannabis
24 prohibited under the Cannabis Control Act, or any
25 methamphetamine prohibited under the Methamphetamine
26 Control and Community Protection Act, in which case the

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1 person's driving privileges shall be suspended for one
2 year, and any driver who is convicted of a second or
3 subsequent offense, within 5 years of a previous
4 conviction, for the illegal possession, while operating or
5 in actual physical control, as a driver, of a motor
6 vehicle, of any controlled substance prohibited under the
7 Illinois Controlled Substances Act, any cannabis
8 prohibited under the Cannabis Control Act, or any
9 methamphetamine prohibited under the Methamphetamine
10 Control and Community Protection Act shall be suspended for
11 5 years. Any defendant found guilty of this offense while
12 operating a motor vehicle, shall have an entry made in the
13 court record by the presiding judge that this offense did
14 occur while the defendant was operating a motor vehicle and
15 order the clerk of the court to report the violation to the
16 Secretary of State;
17 29. Has been convicted of the following offenses that
18 were committed while the person was operating or in actual
19 physical control, as a driver, of a motor vehicle: criminal
20 sexual assault, predatory criminal sexual assault of a
21 child, aggravated criminal sexual assault, criminal sexual
22 abuse, aggravated criminal sexual abuse, juvenile pimping,
23 soliciting for a juvenile prostitute and the manufacture,
24 sale or delivery of controlled substances or instruments
25 used for illegal drug use or abuse in which case the
26 driver's driving privileges shall be suspended for one

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1 year;
2 30. Has been convicted a second or subsequent time for
3 any combination of the offenses named in paragraph 29 of
4 this subsection, in which case the person's driving
5 privileges shall be suspended for 5 years;
6 31. Has refused to submit to a test as required by
7 Section 11-501.6 or has submitted to a test resulting in an
8 alcohol concentration of 0.08 or more or any amount of a
9 drug, substance, or compound resulting from the unlawful
10 use or consumption of cannabis as listed in the Cannabis
11 Control Act, a controlled substance as listed in the
12 Illinois Controlled Substances Act, an intoxicating
13 compound as listed in the Use of Intoxicating Compounds
14 Act, or methamphetamine as listed in the Methamphetamine
15 Control and Community Protection Act, in which case the
16 penalty shall be as prescribed in Section 6-208.1;
17 32. Has been convicted of Section 24-1.2 of the
18 Criminal Code of 1961 relating to the aggravated discharge
19 of a firearm if the offender was located in a motor vehicle
20 at the time the firearm was discharged, in which case the
21 suspension shall be for 3 years;
22 33. Has as a driver, who was less than 21 years of age
23 on the date of the offense, been convicted a first time of
24 a violation of paragraph (a) of Section 11-502 of this Code
25 or a similar provision of a local ordinance;
26 34. Has committed a violation of Section 11-1301.5 of

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1 this Code;
2 35. Has committed a violation of Section 11-1301.6 of
3 this Code;
4 36. Is under the age of 21 years at the time of arrest
5 and has been convicted of not less than 2 offenses against
6 traffic regulations governing the movement of vehicles
7 committed within any 24 month period. No revocation or
8 suspension shall be entered more than 6 months after the
9 date of last conviction;
10 37. Has committed a violation of subsection (c) of
11 Section 11-907 of this Code that resulted in damage to the
12 property of another or the death or injury of another;
13 38. Has been convicted of a violation of Section 6-20
14 of the Liquor Control Act of 1934 or a similar provision of
15 a local ordinance;
16 39. Has committed a second or subsequent violation of
17 Section 11-1201 of this Code;
18 40. Has committed a violation of subsection (a-1) of
19 Section 11-908 of this Code;
20 41. Has committed a second or subsequent violation of
21 Section 11-605.1 of this Code within 2 years of the date of
22 the previous violation, in which case the suspension shall
23 be for 90 days;
24 42. Has committed a violation of subsection (a-1) of
25 Section 11-1301.3 of this Code;
26 43. Has received a disposition of court supervision for

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1 a violation of subsection (a), (d), or (e) of Section 6-20
2 of the Liquor Control Act of 1934 or a similar provision of
3 a local ordinance, in which case the suspension shall be
4 for a period of 3 months;
5 44. Is under the age of 21 years at the time of arrest
6 and has been convicted of an offense against traffic
7 regulations governing the movement of vehicles after
8 having previously had his or her driving privileges
9 suspended or revoked pursuant to subparagraph 36 of this
10 Section; or
11 45. Has, in connection with or during the course of a
12 formal hearing conducted under Section 2-118 of this Code:
13 (i) committed perjury; (ii) submitted fraudulent or
14 falsified documents; (iii) submitted documents that have
15 been materially altered; or (iv) submitted, as his or her
16 own, documents that were in fact prepared or composed for
17 another person; or .
18 46. Has committed a violation of Section 11-1426.1
19 involving an all-terrain vehicle or off-highway
20 motorcycle, paragraph (4) of subsection (i) of Section
21 11-1427 of this Code, or similar provisions of a local
22 ordinance, in which case the suspension shall be for a
23 period of 6 months.
24 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
25 and 27 of this subsection, license means any driver's license,
26 any traffic ticket issued when the person's driver's license is

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1 deposited in lieu of bail, a suspension notice issued by the
2 Secretary of State, a duplicate or corrected driver's license,
3 a probationary driver's license or a temporary driver's
4 license.
5 (b) If any conviction forming the basis of a suspension or
6 revocation authorized under this Section is appealed, the
7 Secretary of State may rescind or withhold the entry of the
8 order of suspension or revocation, as the case may be, provided
9 that a certified copy of a stay order of a court is filed with
10 the Secretary of State. If the conviction is affirmed on
11 appeal, the date of the conviction shall relate back to the
12 time the original judgment of conviction was entered and the 6
13 month limitation prescribed shall not apply.
14 (c) 1. Upon suspending or revoking the driver's license or
15 permit of any person as authorized in this Section, the
16 Secretary of State shall immediately notify the person in
17 writing of the revocation or suspension. The notice to be
18 deposited in the United States mail, postage prepaid, to the
19 last known address of the person.
20 2. If the Secretary of State suspends the driver's
21 license of a person under subsection 2 of paragraph (a) of
22 this Section, a person's privilege to operate a vehicle as
23 an occupation shall not be suspended, provided an affidavit
24 is properly completed, the appropriate fee received, and a
25 permit issued prior to the effective date of the
26 suspension, unless 5 offenses were committed, at least 2 of

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1 which occurred while operating a commercial vehicle in
2 connection with the driver's regular occupation. All other
3 driving privileges shall be suspended by the Secretary of
4 State. Any driver prior to operating a vehicle for
5 occupational purposes only must submit the affidavit on
6 forms to be provided by the Secretary of State setting
7 forth the facts of the person's occupation. The affidavit
8 shall also state the number of offenses committed while
9 operating a vehicle in connection with the driver's regular
10 occupation. The affidavit shall be accompanied by the
11 driver's license. Upon receipt of a properly completed
12 affidavit, the Secretary of State shall issue the driver a
13 permit to operate a vehicle in connection with the driver's
14 regular occupation only. Unless the permit is issued by the
15 Secretary of State prior to the date of suspension, the
16 privilege to drive any motor vehicle shall be suspended as
17 set forth in the notice that was mailed under this Section.
18 If an affidavit is received subsequent to the effective
19 date of this suspension, a permit may be issued for the
20 remainder of the suspension period.
21 The provisions of this subparagraph shall not apply to
22 any driver required to possess a CDL for the purpose of
23 operating a commercial motor vehicle.
24 Any person who falsely states any fact in the affidavit
25 required herein shall be guilty of perjury under Section
26 6-302 and upon conviction thereof shall have all driving

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1 privileges revoked without further rights.
2 3. At the conclusion of a hearing under Section 2-118
3 of this Code, the Secretary of State shall either rescind
4 or continue an order of revocation or shall substitute an
5 order of suspension; or, good cause appearing therefor,
6 rescind, continue, change, or extend the order of
7 suspension. If the Secretary of State does not rescind the
8 order, the Secretary may upon application, to relieve undue
9 hardship (as defined by the rules of the Secretary of
10 State), issue a restricted driving permit granting the
11 privilege of driving a motor vehicle between the
12 petitioner's residence and petitioner's place of
13 employment or within the scope of the petitioner's
14 employment related duties, or to allow the petitioner to
15 transport himself or herself, or a family member of the
16 petitioner's household to a medical facility, to receive
17 necessary medical care, to allow the petitioner to
18 transport himself or herself to and from alcohol or drug
19 remedial or rehabilitative activity recommended by a
20 licensed service provider, or to allow the petitioner to
21 transport himself or herself or a family member of the
22 petitioner's household to classes, as a student, at an
23 accredited educational institution, or to allow the
24 petitioner to transport children living in the
25 petitioner's household to and from daycare. The petitioner
26 must demonstrate that no alternative means of

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1 transportation is reasonably available and that the
2 petitioner will not endanger the public safety or welfare.
3 Those multiple offenders identified in subdivision (b)4 of
4 Section 6-208 of this Code, however, shall not be eligible
5 for the issuance of a restricted driving permit.
6 (A) If a person's license or permit is revoked or
7 suspended due to 2 or more convictions of violating
8 Section 11-501 of this Code or a similar provision of a
9 local ordinance or a similar out-of-state offense, or
10 Section 9-3 of the Criminal Code of 1961, where the use
11 of alcohol or other drugs is recited as an element of
12 the offense, or a similar out-of-state offense, or a
13 combination of these offenses, arising out of separate
14 occurrences, that person, if issued a restricted
15 driving permit, may not operate a vehicle unless it has
16 been equipped with an ignition interlock device as
17 defined in Section 1-129.1.
18 (B) If a person's license or permit is revoked or
19 suspended 2 or more times within a 10 year period due
20 to any combination of:
21 (i) a single conviction of violating Section
22 11-501 of this Code or a similar provision of a
23 local ordinance or a similar out-of-state offense
24 or Section 9-3 of the Criminal Code of 1961, where
25 the use of alcohol or other drugs is recited as an
26 element of the offense, or a similar out-of-state

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1 offense; or
2 (ii) a statutory summary suspension under
3 Section 11-501.1; or
4 (iii) a suspension under Section 6-203.1;
5 arising out of separate occurrences; that person, if
6 issued a restricted driving permit, may not operate a
7 vehicle unless it has been equipped with an ignition
8 interlock device as defined in Section 1-129.1.
9 (C) The person issued a permit conditioned upon the
10 use of an ignition interlock device must pay to the
11 Secretary of State DUI Administration Fund an amount
12 not to exceed $30 per month. The Secretary shall
13 establish by rule the amount and the procedures, terms,
14 and conditions relating to these fees.
15 (D) If the restricted driving permit is issued for
16 employment purposes, then the prohibition against
17 operating a motor vehicle that is not equipped with an
18 ignition interlock device does not apply to the
19 operation of an occupational vehicle owned or leased by
20 that person's employer when used solely for employment
21 purposes.
22 (E) In each case the Secretary may issue a
23 restricted driving permit for a period deemed
24 appropriate, except that all permits shall expire
25 within one year from the date of issuance. The
26 Secretary may not, however, issue a restricted driving

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1 permit to any person whose current revocation is the
2 result of a second or subsequent conviction for a
3 violation of Section 11-501 of this Code or a similar
4 provision of a local ordinance or any similar
5 out-of-state offense, or Section 9-3 of the Criminal
6 Code of 1961, where the use of alcohol or other drugs
7 is recited as an element of the offense, or any similar
8 out-of-state offense, or any combination of those
9 offenses, until the expiration of at least one year
10 from the date of the revocation. A restricted driving
11 permit issued under this Section shall be subject to
12 cancellation, revocation, and suspension by the
13 Secretary of State in like manner and for like cause as
14 a driver's license issued under this Code may be
15 cancelled, revoked, or suspended; except that a
16 conviction upon one or more offenses against laws or
17 ordinances regulating the movement of traffic shall be
18 deemed sufficient cause for the revocation,
19 suspension, or cancellation of a restricted driving
20 permit. The Secretary of State may, as a condition to
21 the issuance of a restricted driving permit, require
22 the applicant to participate in a designated driver
23 remedial or rehabilitative program. The Secretary of
24 State is authorized to cancel a restricted driving
25 permit if the permit holder does not successfully
26 complete the program.

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1 (c-3) In the case of a suspension under paragraph 43 of
2 subsection (a), reports received by the Secretary of State
3 under this Section shall, except during the actual time the
4 suspension is in effect, be privileged information and for use
5 only by the courts, police officers, prosecuting authorities,
6 the driver licensing administrator of any other state, the
7 Secretary of State, or the parent or legal guardian of a driver
8 under the age of 18. However, beginning January 1, 2008, if the
9 person is a CDL holder, the suspension shall also be made
10 available to the driver licensing administrator of any other
11 state, the U.S. Department of Transportation, and the affected
12 driver or motor carrier or prospective motor carrier upon
13 request.
14 (c-4) In the case of a suspension under paragraph 43 of
15 subsection (a), the Secretary of State shall notify the person
16 by mail that his or her driving privileges and driver's license
17 will be suspended one month after the date of the mailing of
18 the notice.
19 (c-5) The Secretary of State may, as a condition of the
20 reissuance of a driver's license or permit to an applicant
21 whose driver's license or permit has been suspended before he
22 or she reached the age of 21 years pursuant to any of the
23 provisions of this Section, require the applicant to
24 participate in a driver remedial education course and be
25 retested under Section 6-109 of this Code.
26 (d) This Section is subject to the provisions of the

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1 Drivers License Compact.
2 (e) The Secretary of State shall not issue a restricted
3 driving permit to a person under the age of 16 years whose
4 driving privileges have been suspended or revoked under any
5 provisions of this Code.
6 (f) In accordance with 49 C.F.R. 384, the Secretary of
7 State may not issue a restricted driving permit for the
8 operation of a commercial motor vehicle to a person holding a
9 CDL whose driving privileges have been suspended, revoked,
10 cancelled, or disqualified under any provisions of this Code.
11 (Source: P.A. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382,
12 eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848,
13 eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328,
14 eff. 8-11-09; 96-607, eff. 8-24-09.)
15 (625 ILCS 5/11-1426.1)
16 Sec. 11-1426.1. Operation of non-highway vehicles on
17 streets, roads, and highways.
18 (a) As used in this Section, "non-highway vehicle" means a
19 motor vehicle not specifically designed to be used on a public
20 highway, including:
21 (1) an all-terrain vehicle, as defined by Section
22 1-101.8 of this Code;
23 (2) a golf cart, as defined by Section 1-123.9;
24 (3) a neighborhood vehicle, as defined by Section
25 1-148.3m; and

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1 (4) an off-highway motorcycle, as defined by Section
2 1-153.1.
3 (b) Except as otherwise provided in this Section, it is
4 unlawful for any person to drive or operate a non-highway
5 vehicle upon any street, highway, or roadway in this State. If
6 the operation of a non-highway vehicle is authorized under
7 subsection (d), the non-highway vehicle may be operated only on
8 streets where the posted speed limit is 35 miles per hour or
9 less. This subsection (b) does not prohibit a non-highway
10 vehicle from crossing a road or street at an intersection where
11 the road or street has a posted speed limit of more than 35
12 miles per hour.
13 (b-5) A person may not operate a golf cart or neighborhood
14 vehicle non-highway vehicle upon any street, highway, or
15 roadway in this State unless he or she has a valid Illinois
16 driver's license issued in his or her name by the Secretary of
17 State.
18 (c) Except as otherwise provided in subsection (c-5), no
19 person operating a non-highway vehicle shall make a direct
20 crossing upon or across any highway under the jurisdiction of
21 the State, tollroad, interstate highway, or controlled access
22 highway in this State.
23 (c-5) A person may make a direct crossing at an
24 intersection controlled by a traffic light or 4-way stop sign
25 upon or across a highway under the jurisdiction of the State if
26 the speed limit on the highway is 35 miles per hour or less at

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1 the place of crossing.
2 (d) A municipality, township, county, or other unit of
3 local government may authorize, by ordinance or resolution, the
4 operation of golf carts, neighborhood vehicles, or both
5 non-highway vehicles on roadways under its jurisdiction if the
6 unit of local government determines that the public safety will
7 not be jeopardized. The Department may authorize the operation
8 of golf carts, neighborhood vehicles, or both non-highway
9 vehicles on the roadways under its jurisdiction if the
10 Department determines that the public safety will not be
11 jeopardized.
12 Before permitting the operation of golf carts,
13 neighborhood vehicles, or both non-highway vehicles on its
14 roadways, a municipality, township, county, other unit of local
15 government, or the Department must consider the volume, speed,
16 and character of traffic on the roadway and determine whether
17 golf carts, neighborhood vehicles, or both non-highway
18 vehicles may safely travel on or cross the roadway. Upon
19 determining that golf carts, neighborhood vehicles, or both
20 non-highway vehicles may safely operate on a roadway and the
21 adoption of an ordinance or resolution by a municipality,
22 township, county, or other unit of local government, or
23 authorization by the Department, appropriate signs shall be
24 posted.
25 If a roadway is under the jurisdiction of more than one
26 unit of government, golf carts, neighborhood vehicles, or both

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1 non-highway vehicles may not be operated on the roadway unless
2 each unit of government agrees and takes action as provided in
3 this subsection.
4 (e) No golf cart or neighborhood vehicle non-highway
5 vehicle may be operated on a roadway unless, at a minimum, it
6 has the following: brakes, a steering apparatus, tires, a
7 rearview mirror, red reflectorized warning devices in the front
8 and rear, a slow moving emblem (as required of other vehicles
9 in Section 12-709 of this Code) on the rear of the non-highway
10 vehicle, a headlight that emits a white light visible from a
11 distance of 500 feet to the front, a tail lamp that emits a red
12 light visible from at least 100 feet from the rear, brake
13 lights, and turn signals. When operated on a roadway, a golf
14 cart or neighborhood vehicle non-highway vehicle shall have its
15 headlight and tail lamps lighted as required by Section 12-201
16 of this Code.
17 (f) A person who drives or is in actual physical control of
18 a non-highway vehicle on a roadway while under the influence is
19 subject to Sections 11-500 through 11-502 of this Code.
20 (g) Any person who operates a non-highway vehicle on a
21 street, highway, or roadway shall be subject to the mandatory
22 insurance requirements under Article VI of Chapter 7 of this
23 Code.
24 (Source: P.A. 95-150, 8-14-07; 95-414, eff. 8-24-07; 95-575,
25 eff. 8-31-07; 95-876, eff. 8-21-08; 96-279, eff. 1-1-10.)

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1 (625 ILCS 5/11-1427)
2 Sec. 11-1427. Illegal operation of an all-terrain vehicle
3 or off-highway motorcycle. It is unlawful for any person to
4 drive or operate any all-terrain vehicle or off-highway
5 motorcycle in the following ways:
6 (a) Careless Operation. No person shall operate any
7 all-terrain vehicle or off-highway motorcycle in a careless or
8 heedless manner so as to be grossly indifferent to the person
9 or property of other persons, or at a rate of speed greater
10 than will permit him in the exercise of reasonable care to
11 bring the all-terrain vehicle or off-highway motorcycle to a
12 stop within the assured clear distance ahead.
13 (b) Reckless Operation. No person shall operate any
14 all-terrain vehicle or off-highway motorcycle in such a manner
15 as to endanger the life, limb or property of any person.
16 (c) Within any nature preserve as defined in Section 3.11
17 of the Illinois Natural Areas Preservation Act.
18 (d) On the tracks or right of way of an operating railroad.
19 (e) In any tree nursery or planting in a manner which
20 damages or destroys growing stock, or creates a substantial
21 risk thereto.
22 (f) On private property, without the written or verbal
23 consent of the owner or lessee thereof. Any person operating an
24 all-terrain vehicle or off-highway motorcycle upon lands of
25 another shall stop and identify himself upon the request of the
26 landowner or his duly authorized representative, and, if

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1 requested to do so by the landowner shall promptly remove the
2 all-terrain vehicle or off-highway motorcycle from the
3 premises.
4 (g) Notwithstanding any other law to the contrary, an
5 owner, lessee, or occupant of premises owes no duty of care to
6 keep the premises safe for entry or use by others for use by an
7 all-terrain vehicle or off-highway motorcycle, or to give
8 warning of any condition, use, structure or activity on such
9 premises. This subsection does not apply where permission to
10 drive or operate an all-terrain vehicle or off-highway
11 motorcycle is given for a valuable consideration other than to
12 this State, any political subdivision or municipality of this
13 State, or any landowner who is paid with funds from the
14 Off-Highway Vehicle Trails Fund. In the case of land leased to
15 the State or a subdivision of the State, any consideration
16 received is not valuable consideration within the meaning of
17 this Section.
18 Nothing in this subsection limits in any way liability
19 which otherwise exists for willful or malicious failure to
20 guard or warn against a dangerous condition, use, structure, or
21 activity.
22 (h) On publicly owned lands unless such lands are
23 designated for use by all-terrain vehicles or off-highway
24 motorcycles. For publicly owned lands to be designated for use
25 by all-terrain vehicles or off-highway motorcycles a public
26 hearing shall be conducted by the governmental entity that has

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1 jurisdiction over the proposed land prior to the designation.
2 Nothing in this subsection limits in any way liability
3 which otherwise exists for willful or malicious failure to
4 guard or warn against a dangerous condition, use, structure, or
5 activity.
6 (h-1) At a rate of speed too fast for conditions, and the
7 fact that the speed of the all-terrain vehicle or off-highway
8 motorcycle does not exceed the applicable maximum speed limit
9 allowed does not relieve the driver from the duty to decrease
10 speed as may be necessary to avoid colliding with any person,
11 vehicle, or object within legal requirements and the duty of
12 all persons to use due care.
13 (h-2) On the frozen surface of public waters of this State
14 within 100 feet of a person, including a skater, not in or upon
15 an all-terrain vehicle or off-highway motorcycle; within 100
16 feet of a person engaged in fishing, except at the minimum
17 speed required to maintain forward movement of the all-terrain
18 vehicle or off-highway motorcycle; on an area which has been
19 cleared of snow for skating purposes unless the area is
20 necessary for access to the frozen waters of this State.
21 (h-3) Within 100 feet of a dwelling between midnight and 6
22 a.m. at a speed greater than the minimum required to maintain
23 forward movement of the all-terrain vehicle or off-highway
24 motorcycle. This subdivision (h-5) does not apply on private
25 property where verbal or written consent of the owner or lessee
26 has been granted to drive or operate an all-terrain vehicle or

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1 off-highway motorcycle upon the private property or frozen
2 waters of this State.
3 (i) Other Prohibitions.
4 (1) No person, except persons permitted by law, shall
5 operate or ride any all-terrain vehicle or off-highway
6 motorcycle with any firearm in his or her possession unless
7 he or she is in compliance with Section 2.33 of the
8 Wildlife Code.
9 (2) No person shall operate any all-terrain vehicle or
10 off-highway motorcycle emitting pollutants in violation of
11 standards established pursuant to the Environmental
12 Protection Act.
13 (3) No person shall deposit from an all-terrain vehicle
14 or off-highway motorcycle on the snow, ice or ground
15 surface, trash, glass, garbage, insoluble material, or
16 other offensive matter.
17 (4) No person shall ride an all-terrain vehicle or
18 off-highway motorcycle as a passenger. The Secretary of
19 State may suspend the operator's driver's license for
20 violation of this paragraph.
21 (5) No person under the age of 16 shall operate an
22 all-terrain vehicle or off-highway motorcycle.
23 (6) No person shall operate an all-terrain vehicle or
24 off-highway motorcycle without a valid driver's license.
25 (7) No person shall operate an all-terrain vehicle or
26 off-highway motorcycle without a properly fitted helmet

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1 secured to the person's head.
2 (Source: P.A. 90-14, eff. 9-1-97; 90-287, eff. 1-1-98.)
3 (625 ILCS 5/11-1427.6 new)
4 Sec. 11-1427.6. Public information on all-terrain vehicle
5 and or off-highway motorcycle laws.
6 (a) The laws and rules related to the operation of
7 all-terrain vehicles and off-highway motorcycles in this Code
8 shall be included in any publication of the "Rules of the Road"
9 that the Secretary of State may publish after the effective
10 date of this amendatory Act of the 96th General Assembly.
11 (b) The laws and rules related to the operation of
12 all-terrain vehicles and off-highway motorcycles in this Code
13 shall be included in any publication of the "Laws for Youth"
14 that the Legislative Research Unit may publish after the
15 effective date of this amendatory Act of the 96th General
16 Assembly.

HB5029 - 32 - LRB096 16779 AJT 32079 b
1 INDEX
2 Statutes amended in order of appearance
3 105 ILCS 5/27-23.9 new
4 105 ILCS 5/27-24.2 from Ch. 122, par. 27-24.2
5 625 ILCS 5/6-109 from Ch. 95 1/2, par. 6-109
6 625 ILCS 5/6-206 from Ch. 95 1/2, par. 6-206
7 625 ILCS 5/11-1426.1
8 625 ILCS 5/11-1427
9 625 ILCS 5/11-1427.6 new