IL
Illinois Senate Bill SB1650

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1650 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1650 Introduced 2/8/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: 625 ILCS 5/6-105.1625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-110.2 625 ILCS 5/6-115 from Ch. 95 1/2, par. 6-115 Amends the Illinois Vehicle Code. Deletes a provision requiring foreign nationals to present documents issued by United States Citizenship and Immigration Services, authorizing the person's presence in the country in order to obtain a temporary visitor's driver's license. Deletes a provision requiring the submission of an unexpired passport or valid unexpired consular identification card document issued by a consulate of the applicant's country in order to obtain a temporary visitor's driver's license. Deletes a provision requiring an applicant to submit a social security number as part of the driver's license application process. Provides that every applicant for a REAL ID compliant driver's license or permit shall provide proof of residency (rather than proof of lawful status in the United States). Provides that no (rather than every) REAL ID compliant driver's license issued to an applicant who is not a United States citizen or permanent resident, or an individual who has an approved application for asylum in the United States or has entered the United States in refugee status, shall be marked "Limited Term". LRB103 28916 MXP 55302 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1650 Introduced 2/8/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: 625 ILCS 5/6-105.1625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-110.2 625 ILCS 5/6-115 from Ch. 95 1/2, par. 6-115 625 ILCS 5/6-105.1 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-110.2 625 ILCS 5/6-115 from Ch. 95 1/2, par. 6-115 Amends the Illinois Vehicle Code. Deletes a provision requiring foreign nationals to present documents issued by United States Citizenship and Immigration Services, authorizing the person's presence in the country in order to obtain a temporary visitor's driver's license. Deletes a provision requiring the submission of an unexpired passport or valid unexpired consular identification card document issued by a consulate of the applicant's country in order to obtain a temporary visitor's driver's license. Deletes a provision requiring an applicant to submit a social security number as part of the driver's license application process. Provides that every applicant for a REAL ID compliant driver's license or permit shall provide proof of residency (rather than proof of lawful status in the United States). Provides that no (rather than every) REAL ID compliant driver's license issued to an applicant who is not a United States citizen or permanent resident, or an individual who has an approved application for asylum in the United States or has entered the United States in refugee status, shall be marked "Limited Term". LRB103 28916 MXP 55302 b LRB103 28916 MXP 55302 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1650 Introduced 2/8/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
33 625 ILCS 5/6-105.1625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-110.2 625 ILCS 5/6-115 from Ch. 95 1/2, par. 6-115 625 ILCS 5/6-105.1 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-110.2 625 ILCS 5/6-115 from Ch. 95 1/2, par. 6-115
44 625 ILCS 5/6-105.1
55 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106
66 625 ILCS 5/6-110.2
77 625 ILCS 5/6-115 from Ch. 95 1/2, par. 6-115
88 Amends the Illinois Vehicle Code. Deletes a provision requiring foreign nationals to present documents issued by United States Citizenship and Immigration Services, authorizing the person's presence in the country in order to obtain a temporary visitor's driver's license. Deletes a provision requiring the submission of an unexpired passport or valid unexpired consular identification card document issued by a consulate of the applicant's country in order to obtain a temporary visitor's driver's license. Deletes a provision requiring an applicant to submit a social security number as part of the driver's license application process. Provides that every applicant for a REAL ID compliant driver's license or permit shall provide proof of residency (rather than proof of lawful status in the United States). Provides that no (rather than every) REAL ID compliant driver's license issued to an applicant who is not a United States citizen or permanent resident, or an individual who has an approved application for asylum in the United States or has entered the United States in refugee status, shall be marked "Limited Term".
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1414 1 AN ACT concerning transportation.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 5. The Illinois Vehicle Code is amended by
1818 5 changing Sections 6-105.1, 6-106, 6-110.2, and 6-115 as
1919 6 follows:
2020 7 (625 ILCS 5/6-105.1)
2121 8 Sec. 6-105.1. Temporary visitor's driver's license.
2222 9 (a) The Secretary of State may issue a temporary visitor's
2323 10 driver's license to a foreign national who (i) resides in this
2424 11 State, and (ii) is ineligible to obtain a social security
2525 12 number, and (iii) presents to the Secretary documentation,
2626 13 issued by United States Citizenship and Immigration Services,
2727 14 authorizing the person's presence in this country.
2828 15 (a-5) The Secretary of State may issue a temporary
2929 16 visitor's driver's license to an applicant who (i) has resided
3030 17 in this State for a period in excess of one year, (ii) is
3131 18 ineligible to obtain a social security number, and (iii) is
3232 19 unable to present documentation issued by the United States
3333 20 Citizenship and Immigration Services authorizing the person's
3434 21 presence in this country. The applicant shall submit a valid
3535 22 unexpired passport from the applicant's country of citizenship
3636 23 or a valid unexpired consular identification document issued
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4040 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1650 Introduced 2/8/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
4141 625 ILCS 5/6-105.1625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-110.2 625 ILCS 5/6-115 from Ch. 95 1/2, par. 6-115 625 ILCS 5/6-105.1 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-110.2 625 ILCS 5/6-115 from Ch. 95 1/2, par. 6-115
4242 625 ILCS 5/6-105.1
4343 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106
4444 625 ILCS 5/6-110.2
4545 625 ILCS 5/6-115 from Ch. 95 1/2, par. 6-115
4646 Amends the Illinois Vehicle Code. Deletes a provision requiring foreign nationals to present documents issued by United States Citizenship and Immigration Services, authorizing the person's presence in the country in order to obtain a temporary visitor's driver's license. Deletes a provision requiring the submission of an unexpired passport or valid unexpired consular identification card document issued by a consulate of the applicant's country in order to obtain a temporary visitor's driver's license. Deletes a provision requiring an applicant to submit a social security number as part of the driver's license application process. Provides that every applicant for a REAL ID compliant driver's license or permit shall provide proof of residency (rather than proof of lawful status in the United States). Provides that no (rather than every) REAL ID compliant driver's license issued to an applicant who is not a United States citizen or permanent resident, or an individual who has an approved application for asylum in the United States or has entered the United States in refugee status, shall be marked "Limited Term".
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7777 1 by a consulate of that country as defined in Section 5 of the
7878 2 Consular Identification Document Act (5 ILCS 230/5).
7979 3 (a-10) Applicants for a temporary visitor's driver's
8080 4 license who are under 18 years of age at the time of
8181 5 application shall be subject to the provisions of Sections
8282 6 6-107 and 6-108 of this Code.
8383 7 (b) A temporary visitor's driver's license issued under
8484 8 subsection (a) is valid for 3 years, or for the period of time
8585 9 the individual is authorized to remain in this country,
8686 10 whichever ends sooner. A temporary visitor's driver's license
8787 11 issued under subsection (a-5) shall be valid for a period of 3
8888 12 years.
8989 13 (b-5) A temporary visitor's driver's license issued under
9090 14 this Section may not be accepted for proof of the holder's
9191 15 identity. A temporary visitor's driver's license issued under
9292 16 this Section shall contain a notice on its face, in
9393 17 capitalized letters, stating that the temporary visitor's
9494 18 driver's license may not be accepted for proof of identity.
9595 19 (c) The Secretary shall adopt rules for implementing this
9696 20 Section, including rules:
9797 21 (1) regarding the design and content of the temporary
9898 22 visitor's driver's license;
9999 23 (2) establishing criteria for proof of identification
100100 24 and residency of an individual applying under subsection
101101 25 (a-5);
102102 26 (3) designating acceptable evidence that an applicant
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113113 1 is not eligible for a social security number; and
114114 2 (4) regarding the issuance of temporary visitor's
115115 3 instruction permits.
116116 4 (d) Any person to whom the Secretary of State may issue a
117117 5 temporary visitor's driver's license shall be subject to any
118118 6 and all provisions of this Code and any and all implementing
119119 7 regulations issued by the Secretary of State to the same
120120 8 extent as any person issued a driver's license, unless
121121 9 otherwise provided in this Code or by administrative rule,
122122 10 including but not limited to the examination requirements in
123123 11 Section 6-109 as well as the mandatory insurance requirements
124124 12 and penalties set forth in Article VI of Chapter 7 of this
125125 13 Code.
126126 14 (d-5) A temporary visitor's driver's license is invalid if
127127 15 the holder is unable to provide proof of liability insurance
128128 16 as required by Section 7-601 of this Code upon the request of a
129129 17 law enforcement officer, in which case the holder commits a
130130 18 violation of Section 6-101 of this Code.
131131 19 (e) Temporary visitor's driver's licenses shall be issued
132132 20 from a central location after the Secretary of State has
133133 21 verified the information provided by the applicant.
134134 22 (f) There is created in the State treasury a special fund
135135 23 to be known as the Driver Services Administration Fund. All
136136 24 fees collected for the issuance of temporary visitor's
137137 25 driver's licenses shall be deposited into the Fund. These
138138 26 funds shall, subject to appropriation, be used by the Office
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149149 1 of the Secretary of State for costs related to the issuance of
150150 2 temporary visitor's driver's licenses, and other operational
151151 3 costs, including personnel, facilities, computer programming,
152152 4 and data transmission.
153153 5 (Source: P.A. 97-1157, eff. 11-28-13.)
154154 6 (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
155155 7 Sec. 6-106. Application for license or instruction permit.
156156 8 (a) Every application for any permit or license authorized
157157 9 to be issued under this Code shall be made upon a form
158158 10 furnished by the Secretary of State. Every application shall
159159 11 be accompanied by the proper fee and payment of such fee shall
160160 12 entitle the applicant to not more than 3 attempts to pass the
161161 13 examination within a period of one year after the date of
162162 14 application.
163163 15 (b) Every application shall state the legal name, social
164164 16 security number, zip code, date of birth, sex, and residence
165165 17 address of the applicant; briefly describe the applicant;
166166 18 state whether the applicant has theretofore been licensed as a
167167 19 driver, and, if so, when and by what state or country, and
168168 20 whether any such license has ever been cancelled, suspended,
169169 21 revoked or refused, and, if so, the date and reason for such
170170 22 cancellation, suspension, revocation or refusal; shall include
171171 23 an affirmation by the applicant that all information set forth
172172 24 is true and correct; and shall bear the applicant's signature.
173173 25 In addition to the residence address, the Secretary may allow
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184184 1 the applicant to provide a mailing address. In the case of an
185185 2 applicant who is a judicial officer or peace officer, the
186186 3 Secretary may allow the applicant to provide an office or work
187187 4 address in lieu of a residence or mailing address. The
188188 5 application form may also require the statement of such
189189 6 additional relevant information as the Secretary of State
190190 7 shall deem necessary to determine the applicant's competency
191191 8 and eligibility. The Secretary of State may, in his
192192 9 discretion, by rule or regulation, provide that an application
193193 10 for a drivers license or permit may include a suitable
194194 11 photograph of the applicant in the form prescribed by the
195195 12 Secretary, and he may further provide that each drivers
196196 13 license shall include a photograph of the driver. The
197197 14 Secretary of State may utilize a photograph process or system
198198 15 most suitable to deter alteration or improper reproduction of
199199 16 a drivers license and to prevent substitution of another photo
200200 17 thereon. For the purposes of this subsection (b), "peace
201201 18 officer" means any person who by virtue of his or her office or
202202 19 public employment is vested by law with a duty to maintain
203203 20 public order or to make arrests for a violation of any penal
204204 21 statute of this State, whether that duty extends to all
205205 22 violations or is limited to specific violations.
206206 23 (b-3) Upon the first issuance of a request for proposals
207207 24 for a digital driver's license and identification card
208208 25 issuance and facial recognition system issued after January 1,
209209 26 2020 (the effective date of Public Act 101-513), and upon
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220220 1 implementation of a new or revised system procured pursuant to
221221 2 that request for proposals, the Secretary shall permit
222222 3 applicants to choose between "male", "female" or "non-binary"
223223 4 when designating the applicant's sex on the driver's license
224224 5 application form. The sex designated by the applicant shall be
225225 6 displayed on the driver's license issued to the applicant.
226226 7 (b-5) Every applicant for a REAL ID compliant driver's
227227 8 license or permit shall provide proof of residency in the
228228 9 State lawful status in the United States as defined in 6 CFR
229229 10 37.3, as amended. Applicants who are unable to provide the
230230 11 Secretary with proof of lawful status may apply for a driver's
231231 12 license or permit under Section 6-105.1 of this Code.
232232 13 (c) The application form shall include a notice to the
233233 14 applicant of the registration obligations of sex offenders
234234 15 under the Sex Offender Registration Act. The notice shall be
235235 16 provided in a form and manner prescribed by the Secretary of
236236 17 State. For purposes of this subsection (c), "sex offender" has
237237 18 the meaning ascribed to it in Section 2 of the Sex Offender
238238 19 Registration Act.
239239 20 (d) Any male United States citizen or immigrant who
240240 21 applies for any permit or license authorized to be issued
241241 22 under this Code or for a renewal of any permit or license, and
242242 23 who is at least 18 years of age but less than 26 years of age,
243243 24 must be registered in compliance with the requirements of the
244244 25 federal Military Selective Service Act. The Secretary of State
245245 26 must forward in an electronic format the necessary personal
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256256 1 information regarding the applicants identified in this
257257 2 subsection (d) to the Selective Service System. The
258258 3 applicant's signature on the application serves as an
259259 4 indication that the applicant either has already registered
260260 5 with the Selective Service System or that he is authorizing
261261 6 the Secretary to forward to the Selective Service System the
262262 7 necessary information for registration. The Secretary must
263263 8 notify the applicant at the time of application that his
264264 9 signature constitutes consent to registration with the
265265 10 Selective Service System, if he is not already registered.
266266 11 (e) Beginning on or before July 1, 2015, for each original
267267 12 or renewal driver's license application under this Code, the
268268 13 Secretary shall inquire as to whether the applicant is a
269269 14 veteran for purposes of issuing a driver's license with a
270270 15 veteran designation under subsection (e-5) of Section 6-110 of
271271 16 this Code. The acceptable forms of proof shall include, but
272272 17 are not limited to, Department of Defense form DD-214,
273273 18 Department of Defense form DD-256 for applicants who did not
274274 19 receive a form DD-214 upon the completion of initial basic
275275 20 training, Department of Defense form DD-2 (Retired), an
276276 21 identification card issued under the federal Veterans
277277 22 Identification Card Act of 2015, or a United States Department
278278 23 of Veterans Affairs summary of benefits letter. If the
279279 24 document cannot be stamped, the Illinois Department of
280280 25 Veterans' Affairs shall provide a certificate to the veteran
281281 26 to provide to the Secretary of State. The Illinois Department
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292292 1 of Veterans' Affairs shall advise the Secretary as to what
293293 2 other forms of proof of a person's status as a veteran are
294294 3 acceptable.
295295 4 For each applicant who is issued a driver's license with a
296296 5 veteran designation, the Secretary shall provide the
297297 6 Department of Veterans' Affairs with the applicant's name,
298298 7 address, date of birth, gender and such other demographic
299299 8 information as agreed to by the Secretary and the Department.
300300 9 The Department may take steps necessary to confirm the
301301 10 applicant is a veteran. If after due diligence, including
302302 11 writing to the applicant at the address provided by the
303303 12 Secretary, the Department is unable to verify the applicant's
304304 13 veteran status, the Department shall inform the Secretary, who
305305 14 shall notify the applicant that he or she must confirm status
306306 15 as a veteran, or the driver's license will be cancelled.
307307 16 For purposes of this subsection (e):
308308 17 "Armed forces" means any of the Armed Forces of the United
309309 18 States, including a member of any reserve component or
310310 19 National Guard unit.
311311 20 "Veteran" means a person who has served in the armed
312312 21 forces and was discharged or separated under honorable
313313 22 conditions.
314314 23 (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
315315 24 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
316316 25 (625 ILCS 5/6-110.2)
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327327 1 Sec. 6-110.2. Confidentiality of documents submitted with
328328 2 an application for a driver's license. Documents required to
329329 3 be submitted with an application for a driver's license to
330330 4 prove the applicant's identity (name and date of birth),
331331 5 social security number, written signature, and residency, and,
332332 6 as applicable, proof of lawful status shall be confidential
333333 7 and shall not be disclosed except to the following persons:
334334 8 (1) the individual to whom the driver's license or
335335 9 permit was issued, upon written request;
336336 10 (2) officers and employees of the Secretary of State
337337 11 who have a need to have access to the stored images for
338338 12 purposes of issuing and controlling driver's licenses,
339339 13 permits, or identification cards and investigation of
340340 14 fraud or misconduct;
341341 15 (3) law enforcement officials for a civil or criminal
342342 16 law enforcement investigation;
343343 17 (4) other entities that the Secretary may authorize by
344344 18 rule.
345345 19 (Source: P.A. 101-326, eff. 8-9-19.)
346346 20 (625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
347347 21 Sec. 6-115. Expiration of driver's license.
348348 22 (a) Except as provided elsewhere in this Section, every
349349 23 driver's license issued under the provisions of this Code
350350 24 shall expire 4 years from the date of its issuance, or at such
351351 25 later date, as the Secretary of State may by proper rule and
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362362 1 regulation designate, not to exceed 12 calendar months; in the
363363 2 event that an applicant for renewal of a driver's license
364364 3 fails to apply prior to the expiration date of the previous
365365 4 driver's license, the renewal driver's license shall expire 4
366366 5 years from the expiration date of the previous driver's
367367 6 license, or at such later date as the Secretary of State may by
368368 7 proper rule and regulation designate, not to exceed 12
369369 8 calendar months.
370370 9 The Secretary of State may, however, issue to a person not
371371 10 previously licensed as a driver in Illinois a driver's license
372372 11 which will expire not less than 4 years nor more than 5 years
373373 12 from date of issuance, except as provided elsewhere in this
374374 13 Section.
375375 14 (a-5) Every driver's license issued under this Code to an
376376 15 applicant who is not a United States citizen or permanent
377377 16 resident, or an individual who has an approved application for
378378 17 asylum in the United States or has entered the United States in
379379 18 refugee status, shall expire on whichever is the earlier date
380380 19 of the following:
381381 20 (1) as provided under subsection (a), (f), (g), or (i)
382382 21 of this Section;
383383 22 (2) on the date the applicant's authorized stay in the
384384 23 United States terminates; or
385385 24 (3) if the applicant's authorized stay is indefinite
386386 25 and the applicant is applying for a Limited Term REAL ID
387387 26 compliant driver's license, one year from the date of
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398398 1 issuance of the license.
399399 2 (a-10) No Every REAL ID compliant driver's license issued
400400 3 under this Code to an applicant who is not a United States
401401 4 citizen or permanent resident, or an individual who has an
402402 5 approved application for asylum in the United States or has
403403 6 entered the United States in refugee status, shall be marked
404404 7 "Limited Term".
405405 8 (b) Before the expiration of a driver's license, except
406406 9 those licenses expiring on the individual's 21st birthday, or
407407 10 3 months after the individual's 21st birthday, the holder
408408 11 thereof may apply for a renewal thereof, subject to all the
409409 12 provisions of Section 6-103, and the Secretary of State may
410410 13 require an examination of the applicant. A licensee whose
411411 14 driver's license expires on his 21st birthday, or 3 months
412412 15 after his 21st birthday, may not apply for a renewal of his
413413 16 driving privileges until he reaches the age of 21.
414414 17 (c) The Secretary of State shall, 30 days prior to the
415415 18 expiration of a driver's license, forward to each person whose
416416 19 license is to expire a notification of the expiration of said
417417 20 license which may be presented at the time of renewal of said
418418 21 license.
419419 22 There may be included with such notification information
420420 23 explaining the anatomical gift and Emergency Medical
421421 24 Information Card provisions of Section 6-110. The format and
422422 25 text of such information shall be prescribed by the Secretary.
423423 26 There shall be included with such notification, for a
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434434 1 period of 4 years beginning January 1, 2000 information
435435 2 regarding the Illinois Adoption Registry and Medical
436436 3 Information Exchange established in Section 18.1 of the
437437 4 Adoption Act.
438438 5 (d) The Secretary may defer the expiration of the driver's
439439 6 license of a licensee, spouse, and dependent children who are
440440 7 living with such licensee while on active duty, serving in the
441441 8 Armed Forces of the United States outside of the State of
442442 9 Illinois, and 120 days thereafter, upon such terms and
443443 10 conditions as the Secretary may prescribe.
444444 11 (d-5) The Secretary may defer the expiration of the
445445 12 driver's license of a licensee, or of a spouse or dependent
446446 13 children living with the licensee, serving as a civilian
447447 14 employee of the United States Armed Forces or the United
448448 15 States Department of Defense, outside of the State of
449449 16 Illinois, and 120 days thereafter, upon such terms and
450450 17 conditions as the Secretary may prescribe.
451451 18 (e) The Secretary of State may decline to process a
452452 19 renewal of a driver's license of any person who has not paid
453453 20 any fee or tax due under this Code and is not paid upon
454454 21 reasonable notice and demand.
455455 22 (f) The Secretary shall provide that each original or
456456 23 renewal driver's license issued to a licensee under 21 years
457457 24 of age shall expire 3 months after the licensee's 21st
458458 25 birthday. Persons whose current driver's licenses expire on
459459 26 their 21st birthday on or after January 1, 1986 shall not renew
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470470 1 their driver's license before their 21st birthday, and their
471471 2 current driver's license will be extended for an additional
472472 3 term of 3 months beyond their 21st birthday. Thereafter, the
473473 4 expiration and term of the driver's license shall be governed
474474 5 by subsection (a) hereof.
475475 6 (g) The Secretary shall provide that each original or
476476 7 renewal driver's license issued to a licensee 81 years of age
477477 8 through age 86 shall expire 2 years from the date of issuance,
478478 9 or at such later date as the Secretary may by rule and
479479 10 regulation designate, not to exceed an additional 12 calendar
480480 11 months. The Secretary shall also provide that each original or
481481 12 renewal driver's license issued to a licensee 87 years of age
482482 13 or older shall expire 12 months from the date of issuance, or
483483 14 at such later date as the Secretary may by rule and regulation
484484 15 designate, not to exceed an additional 12 calendar months.
485485 16 (h) The Secretary of State shall provide that each special
486486 17 restricted driver's license issued under subsection (g) of
487487 18 Section 6-113 of this Code shall expire 12 months from the date
488488 19 of issuance. The Secretary shall adopt rules defining renewal
489489 20 requirements.
490490 21 (i) The Secretary of State shall provide that each
491491 22 driver's license issued to a person convicted of a sex offense
492492 23 as defined in Section 2 of the Sex Offender Registration Act
493493 24 shall expire 12 months from the date of issuance or at such
494494 25 date as the Secretary may by rule designate, not to exceed an
495495 26 additional 12 calendar months. The Secretary may adopt rules
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506506 1 defining renewal requirements.
507507 2 (Source: P.A. 101-185, eff. 1-1-20; 102-659, eff. 1-1-22.)
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